Collection to Support Federal Implementation Plans under the Clean Air Act for Indian Reservations in Idaho, Oregon, and Washington (Proposed Rule)

Forms and Documents

Document Name	Status
Form 7630-11 Marginal Changes from Proposed Rule Revisions - State, Local & Tribal Governments Form and Instruction	New
Form 5800-057 Marginal Changes from Proposed Rule Revisions - Private Sector Form and Instruction	New
2730ss01.docx Supporting Statement A	2022-10-14

IC Document Collections

IC ID	Document Title	Status
256463	Marginal Changes from Proposed Rule Revisions - State, Local & Tribal Governments Form and Instruction	New
256386	Marginal Changes from Proposed Rule Revisions - Private Sector Form and Instruction	New

ICR Details

OMB Control No:	ICR Reference No: 202210-2060-003
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OAR	Agency Tracking No: 2730.01
Title: Collection to Support Federal Implementation Plans under the Clean Air Act for Indian Reservations in Idaho, Oregon, and Washington (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/14/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	2,398	0
Time Burden (Hours)	5,355	0
Cost Burden (Dollars)	0	0

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Abstract: In 2005, the EPA promulgated Federal Implementation Plans (FIPs) under the Clean Air Act (CAA) for Indian reservations located in Idaho, Oregon and Washington. The FIPs, also referred to as Federal Air Rules for Reservations (FARR), include basic air quality regulations to protect health and welfare on Indian reservations located in the Northwest. These rules are implemented by EPA Region 10 and delegated to Tribes. EPA Region 10 is proposing revisions to the FARR, including clarifying aspects of the initial rules; removing an exemption to the limiting visible emissions rule for smudge pots and adding new rules for residential solid fuel heating devices and woodstove curtailment; splitting the rule for general open burning permits into a large open burn and two small open burn permit options; removing provisions that have been superseded by provisions of the Tribal New Source Review (NSR) rule; and moving to online registration of air pollution sources and emissions reporting. In addition, EPA Region 10 is promulgating three new FIPs implementing the FARR on the Snoqualmie Indian Reservation, the Cowlitz Indian Reservation, and the lands held in trust for the Samish Indian Nation. These revisions also clarify that the FARR applies to lands held in trust for a Tribe that has not been formally designated as a reservation.

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Authorizing Statute(s): US Code: 42 USC Sec. 7401 Name of Law: Clean Air Act (CAA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2012-AA02	Proposed rulemaking	87 FR 61870	10/12/2022

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Marginal Changes from Proposed Rule Revisions - Private Sector	5800-057, 5800-066, 7530-4, 5800-066, 7630-5, 7630-6, 7630-7, 7630-8, 7630-9, 7630-10 , 7630-12	Initial or Annual Source Registration ,   Small Burn Annual Permit ,   Initial or Annual Source Registration ,   Small Burn Annual Permit ,   Report of Change of Ownership ,   Report of Closure ,   Report of Relocation ,   Small Burn Ban - Application for Coverage ,   Application For Synthetic Minor Limit ,   AGRICULTURAL BURN PERMIT AND APPLICATION ,   Large Open Burn Permit and Application
Marginal Changes from Proposed Rule Revisions - State, Local & Tribal Governments	7630-11	Forestry & Silviculture Burn Permit and Application

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,398	0	0	2,398	0	0
Annual Time Burden (Hours)	5,355	0	0	5,355	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The burden figures recorded in this ICR represent the marginal increases anticipated for the provisions in the proposed rule. The annual respondent burden estimate for the full collection (the base collection - see Control Number 2060-0558; EPA ID # 2020.09 - as well as the incremental modifications described in this ICR) is 5,354.5 hours compared to the previously approved estimate of 3,601, an increase of 1,753.5 hours. The increase in the burden estimate for this collection is based on a combination of the addition of sources on the Cowlitz and Snoqualmie Reservations and lands held in trust for the Samish Indian Nation as well as lands held in trust for all other Tribes covered by the FARR, incorporation of new additional rules, application of existing additional rules 49.132 and 49.133 on the Yakama Nation Reservation, input from source consultations on typical burden, and information learned about the source universe through implementing the rules. Some components of the burden estimate decreased and some increased, resulting overall in an estimate that is about 49 percent higher than the previous estimate. The average annual number of responses estimated for the revised FARR is 2,731.3 compared to the previous estimate of 2,052, an increase of 679.3 responses. These changes also provide greater benefits by applying these environmental programs on 2 new formal Reservations as well as lands held in trust for all other Tribes covered by the FARR.

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Annual Cost to Federal Government: $162,715

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/14/2022

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