Notice2022-18425

Proposed Information Collection Request; Comment Request; Air Stationary Source Compliance and Enforcement Information Reporting (Renewal)

Primary source

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Published
August 26, 2022

Issuing agencies

Environmental Protection Agency

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.

Full Text

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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&#160;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&#160;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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