Proposed Information Collection Request; Comment Request; Air Stationary Source Compliance and Enforcement Information Reporting (Renewal)
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Abstract
The U.S. Environmental Protection Agency is planning to submit an information collection request (ICR), the Air Stationary Source Compliance and Enforcement Information Reporting (Renewal) (EPA ICR No. 0107.13, OMB Control No. 2060-0096) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the currently approved ICR. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
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<title>Federal Register, Volume 87 Issue 165 (Friday, August 26, 2022)</title>
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[Federal Register Volume 87, Number 165 (Friday, August 26, 2022)]
[Notices]
[Pages 52552-52554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18425]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2018-0248; FRL-10155-01-OECA]
Proposed Information Collection Request; Comment Request; Air
Stationary Source Compliance and Enforcement Information Reporting
(Renewal)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The U.S. Environmental Protection Agency is planning to submit
an information collection request (ICR), the Air Stationary Source
Compliance and Enforcement Information Reporting (Renewal) (EPA ICR No.
0107.13, OMB Control No. 2060-0096) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act. Before doing so, EPA is soliciting public comments on
specific aspects of the proposed information collection as described
below. This is a proposed extension of the currently approved ICR. An
Agency may not conduct or sponsor and a person is not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
DATES: Comments must be submitted on or before October 25, 2022.
ADDRESSES: Submit your comments, referencing the Docket ID number EPA-
HQ-OECA-2018-0248, online using <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> (our
preferred method), by email to <a href="/cdn-cgi/l/email-protection#9effb3fff0fab3ecb3faf1fdf5fbeadefbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="3c5d115d5258114e1158535f5759487c594c5d125b534a">[email protected]</span></a>, or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460.
The EPA's policy is that all relevant comments received will be
included in the public docket without change including any personal
information provided, unless the comment includes profanity, threats,
information claimed to be Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute. We
encourage the public to submit comments via <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> or email, as there may be a delay in processing
mail and faxes. Hand deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Mr. David A. Meredith, Enforcement
Targeting and Data Division, Office of Compliance, (2222A), U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number: 202-564-4152; email address:
<a href="/cdn-cgi/l/email-protection#4e232b3c2b2a273a26602a2f38272a0e2b3e2f60292138"><span class="__cf_email__" data-cfemail="4f222a3d2a2b263b27612b2e39262b0f2a3f2e61282039">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> or in person at the EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The
telephone number
[[Page 52553]]
for the Docket Center is 202-566-1744. For additional information about
EPA's public docket, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. Burden
is defined at 5 CFR 1320.03(b). EPA will consider the comments received
and amend the ICR as appropriate. The final ICR package will then be
submitted to OMB for review and approval. At that time, the EPA will
issue another Federal Register document to announce the submission of
the ICR to OMB and the opportunity to submit additional comments to
OMB.
Abstract: Air Stationary Source Compliance and Enforcement
Information Reporting is an activity whereby State, Local, Native
American, Territorial, and Commonwealth governments (hereafter referred
to as either ``states/locals'' or ``state and local agencies'') make
air stationary source compliance and enforcement information available
to the U.S. Environmental Protection Agency (EPA or the Agency) on a
cyclic basis via input to the Air component of the Integrated
Compliance Information System (ICIS-Air). ICIS-Air supports EPA and
state and local agency efforts to ensure compliance with the nation's
environmental laws pertaining to air, via the collection and management
of important Clean Air Act (CAA or the ``Act'') compliance and
enforcement information. ICIS-Air is a subcomponent of ICIS, which
provides compliance and enforcement information on thousands of
facilities regulated under numerous federal statutes. The majority of
delegated agencies maintain their own data system and extract data from
it and report it to ICIS-Air using either electronic data transfer
(EDT) or manually (``direct entry''). A small number of delegated
agencies use ICIS-Air exclusively, since they have no internal air
compliance and enforcement database. The information provided to EPA
via ICIS-Air includes source characterization, compliance monitoring,
and enforcement activities. The EPA uses this information and
information from other data systems, such as the Compliance and
Emissions Data Interface (CEDRI) to assess the health of the compliance
and enforcement program established under the Clean Air Act (CAA), to
perform oversight activities of delegated agencies, and to provide
public transparency about activities and findings related to compliance
and enforcement both at individual facilities or aggregated categories
of facilities. The EPA also uses ICIS-Air to record comparable federal
activities to support program management and transparency. Agencies
receive delegation of the CAA through regulated grant authorities, and
report compliance/enforcement activities undertaken at stationary
sources pursuant to the Minimum Data Requirements (MDRs) as outlined in
this ICR. The provisions of section 114(a)(1) of the Clean Air Act, 42
U.S.C. 7414(a)(1) provide the broad authority for the reporting of
compliance monitoring and enforcement information, along with Subpart
Q--Reports in 40 CFR part 51: Sec. Sec. 51.324(a) and (b) and 51.327.
This renewal requires the continuation of reporting of previously
established MDRs via either direct, on-line entry or electronic data
transfer (EDT) to ICIS-Air.
The EPA collects compliance data from regulated sources via CEDRI
and tracks enforcement and compliance monitoring information for
stationary sources from delegated agencies and EPA Regions via ICIS-
Air. The EPA is considering a process to standardize the facility
identification process so that data can easily be shared across
systems. As such, the EPA seeks comments, on a voluntary basis,
regarding the following issues and questions we consider improvements
to the integration of ICIS-Air and CEDRI information.
<bullet> The EPA seeks comments on whether it would be beneficial
for the EPA to import facilities from CEDRI into ICIS-Air that are
currently not found in ICIS-Air and create a means to link those
facilities for purposes of more comprehensive compliance tracking.
Additionally, we are seeking comment on, for cases where a delegated
agency uses EDT to share data with EPA, whether the delegated agency
would want the ability to create facilities from CEDRI facilities and
manage those data in the delegated agency's database.
<bullet> Assuming that some delegated agencies are reviewing
compliance reports within CEDRI, the EPA seeks comments on how data
within the CEDRI reports could be provided to ICIS-Air to reduce the
need for overlapping data entry in ICIS-Air. We are seeking comment on
whether delegated agencies perceive that there are identical data in
CEDRI reports and data uploads into ICIS-Air, and whether data exists
in CEDRI but not in ICIS-Air that would be helpful to share with ICIS-
Air. We are specifically seeking comment on which data would be most
helpful to share between the systems.
<bullet> The EPA is seeking comment on the utility of future
functionality that would automatically flag situations within ICIS-Air
when a CEDRI compliance report is due, but not received by the
deadline.
<bullet> The EPA is seeking information on whether delegated
agencies that do not currently provide Title V Certifications to CEDRI
plan to do so in the near future.
<bullet> The EPA seeks comments on whether we should consider
requiring that violations have a linkage to a discovery action, or
CEDRI ID number, so that ECHO users can understand the activity that
led to the violation finding(s).
<bullet> The EPA seeks comments on whether we should consider, in
the future, developing a new reporting approach for delegated agencies
that provide the CEDRI document ID to limit potential duplicate data
entry (for example, linking certain fields that would not have to be
manually entered).
<bullet> The EPA has begun collecting benzene fenceline monitoring
data from refineries on a bi-weekly basis. We seek comment on whether,
when deficiencies are noted that require follow-up actions by the
facility, those deficiencies should be populated into ICIS-Air and
shared via ECHO.
<bullet> Through CEDRI, the EPA is receiving performance reports
directly from regulated entities. Some of these reports are used by
delegated agencies to make compliance determinations. The EPA seeks
comments on the effectiveness of the current process of making these
reports accessible through the Agency's WebFIRE website and suggestions
for improvements that could assist delegated agencies with making
compliance determinations.
<bullet> Finally, we seek comments on whether having a common
facility numbering protocol for ICIS-Air and CEDRI would improve the
overall management of the CAA program and associated data.
[[Page 52554]]
Although we are soliciting comment on these issues, the EPA intends
to continue the status quo with respect to the minimum data
requirements reported to ICIS-Air at this time. We will consider any
comments received as we evaluate potential future improvements to the
integration of information collected via ICIS-Air and CEDRI. The
anticipated burden requirements for the current minimum data
requirements associated with ICIS-Air are as follows:
Respondents: State, Local, Territorial, Indian Nations, and
Commonwealth governments.
Respondent's obligation to respond: Mandatory (section 114(a)(1) of
the Clean Air Act, 42 U.S.C. 7414(a)(1)).
Estimated number of respondents: 99.
Frequency of response: Every 60 days.
Estimated annual burden: 26,100 hours.
Estimated annual cost: $1,280,000. There are no annualized capital/
startup or operation & maintenance costs.
Changes in estimates: There is no anticipated change in burden from
the most recently approved ICR as currently identified in the OMB
Inventory of Approved Burdens. This is due to several considerations.
First, the ICIS-Air reporting system and minimum data reporting
requirements have not changed over the past three years. Second, there
is no anticipated change in the number of respondents or the number of
responses from the prior ICR, so there is likely no significant change
in the overall burden. For this ICR renewal, EPA will use experience
from the last three years to provide burden estimates that adequately
reflect the actual burden. EPA will consider any comments received and
will conduct consultation with delegated agencies that are use ICIS-
Air. There are no capital/startup or operation and maintenance (O&M)
costs associated with this reporting activity. There is likely a slight
increase in costs, due to the use of updated labor rates. This ICR will
use labor rates from the most recent Office of Personnel Management
(OPM), 2022 General Schedule.
John Dombrowski,
Director, Office of Compliance.
[FR Doc. 2022-18425 Filed 8-25-22; 8:45 am]
BILLING CODE 6560-50-P
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