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Priority review Consultation Amended Consultation

EIA proposes extension of State Level Generator Air Permit Inventory Report

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Summary

The U.S. Energy Information Administration (EIA) is proposing a three-year extension for the collection of information for the EIA-860S: State Level Generator Air Permit Inventory Report. This notice serves as a request for public comments on the proposed extension.

What changed

The U.S. Energy Information Administration (EIA) has issued a notice and request for comments regarding a proposed three-year extension of the EIA-860S: State Level Generator Air Permit Inventory Report collection. This extension, originally approved under emergency provisions on February 12, 2026, aims to improve the completeness and accuracy of data on U.S. electricity generating units, particularly backup generators, which is crucial for assessing grid capacity and resilience amidst increasing demand and potential national security risks.

Regulated entities, primarily energy companies, are invited to submit comments on this proposed information collection by May 5, 2026. The EIA is seeking to ensure comprehensive data collection to support its mission of analyzing energy data and informing emergency response activities. Failure to provide accurate and complete data could impact the understanding of national grid capacity and resilience, potentially affecting emergency response effectiveness.

What to do next

  1. Submit comments on the proposed extension of the EIA-860S collection by May 5, 2026.
  2. Ensure accurate and complete reporting for the State Level Generator Air Permit Inventory Report if the extension is approved.

Source document (simplified)

Content

ACTION:

Notice and request for comments.

SUMMARY:

EIA invites public comment on the proposed extension of the collection of information for the EIA-860S: State Level Generator
Air Permit Inventory Report, as required under the Paperwork Reduction Act of 1995. The original collection was approved by
the Office of Management and Budget on February 12, 2026, under the emergency approval provisions of the Paperwork Reduction
Act.

DATES:

EIA must receive all comments on this proposed information collection no later than May 5, 2026. If you anticipate any difficulties
in submitting your comments by the deadline, contact the person listed in the
ADDRESSES
section of this notice as soon as possible.

ADDRESSES:

You may submit comments, identified by OMB control number 1905-0215, by email at EIA-FRNcomments@eia.gov. Include the OMB control number listed in the subject line of the message.

FOR FURTHER INFORMATION CONTACT:

Kenneth Pick, Survey Methodologist, at (202) 586-5562 by email at EIA-FRNcomments@eia.gov. The form and instructions are available on EIA's website at www.eia.gov/survey/.

SUPPLEMENTARY INFORMATION:

This information collection request contains:

(1) OMB No.: 1905-0215;

(2) Information Collection Request Title: EIA-860S: State Level Generator Air Permit Inventory Report;

(3) Type of Request: Three-year extension without change;

(4) Purpose: The central mission of the U.S. Energy Information Administration (EIA), as established by the Department of Energy (DOE)
Organization Act of 1977, is to collect, evaluate, assemble, analyze, and disseminate energy data. Section 7135 specifies
that, among other characteristics, the data should be relevant to the adequacy of energy resources to meet demand. The EIA-860,
Annual Electric Power Industry Report, is a critical tool for this mission, maintaining a census of U.S. electricity generating
units with a capacity of 1 megawatt or greater, and informing DOE's emergency response activities, among other purposes.

On February 12, 2026, the Office of Management and Budget (OMB) granted emergency approval under the Paperwork Reduction Act
(PRA) for EIA to immediately commence annual data collection on the EIA-860S. The purpose of this urgent collection is to
ensure the EIA-860 sampling frame comprehensively covers the power generator population. This emergency request is critically
important for enhancing the completeness and accuracy of the EIA-860 sampling frame, particularly in relation to backup generators.
While the EIA-860 typically includes backup generators exceeding the 1 MW threshold, many are inconsistently reported or omitted
due to capacity limitations or intermittent operation, resulting in significant data gaps. The absence of thorough data on
these generators creates a substantial void in our understanding of the total U.S. grid capacity and overall resilience. This
deficiency could impede effective emergency response and potentially lead to widespread power outages, economic disruptions,
and loss of life.

The reliable operation of the U.S. electrical grid is critically dependent on detailed information regarding its components,
including backup generation facilities. EIA has observed unprecedented increases in electricity demand, with forecasts indicating
sustained growth in 2026 and 2027, marking the strongest four-year growth period since the turn of the century. This escalating
demand, coupled with existing capacity challenges, places significant strain on the national electric grid, posing risks to
national and economic security.

These concerns are underscored by three Executive Orders issued by President Donald J. Trump: Executive Order 14156, “Declaring
a National Energy Emergency” (January 20, 2025), which cites “precariously inadequate and intermittent energy supply, and
an increasingly unreliable grid”; Executive Order 14262, “Strengthening the Reliability and Security of the United States
Electric Grid” (April 8, 2025), which highlights the strain on the grid from increased demand and the risk of unreliability;
and Executive Order 14365, “Ensuring a National Policy Framework for Artificial Intelligence” (December 11, 2025), which notes
an “unprecedented surge in electricity demand driven by rapid technological advancements, including the expansion of artificial
intelligence data centers and increase in domestic manufacturing.”

Further emphasizing the urgency are the 36 emergency orders issued by DOE

  under section 202(c) of the Federal Power Act (FPA) since January 2025, a stark increase compared to one such order in each
  of 2023 and 2024. These orders, affecting regions nationwide, inherently signify official declarations of an “emergency” within
  the electric power system.

Due to the unanticipated nature of these circumstances and the urgent need to improve the sampling frame of the EIA-860 survey,
EIA was unable to allow for the time periods normally required for clearance under the PRA before collecting this information.
The approval granted by OMB is through August 31, 2026. This approval allows EIA to conduct the EIA-860S for up to 6 months.
EIA now seeks to extend clearance for the survey for an additional three years.

(5) Annual Estimated Number of Respondents: 56;

(6) Annual Estimated Number of Total Responses: 56;

(7) Annual Estimated Number of Burden Hours: 280;

(8) Annual Estimated Reporting and Recordkeeping Cost Burden: The cost of the burden hours is estimated to be $26,583 (280 burden hours times $94.94 per hour). EIA estimates that respondents
will have no additional costs associated with the surveys other than the burden hours and maintenance of the information as
part of the normal course of business.

Comments are invited on whether or not: (a) The proposed collection of information is necessary for the proper performance
of agency functions, including whether the information will have a practical utility; (b) EIA's estimate of the burden of
the proposed collection of information, including the validity of the methodology and assumptions used, is accurate; (c) EIA
can improve the quality, utility, and clarity of the information it will collect; and (d) EIA can minimize the burden of the
collection of information on respondents, such as automated collection techniques or other forms of information technology.

Statutory Authority: 15 U.S.C. 772(b) and 42 U.S.C. 7101 et seq.

Signed in Washington, DC, on March 3, 2026. Debra Coaxum, Assistant Administrator for Energy Statistics, U.S. Energy Information Administration. [FR Doc. 2026-04458 Filed 3-5-26; 8:45 am] BILLING CODE 6450-01-P

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Classification

Agency
Various Federal Agencies
Compliance deadline
May 5th, 2026 (52 days)
Instrument
Consultation
Legal weight
Non-binding
Stage
Consultation
Change scope
Substantive

Who this affects

Applies to
Energy companies
Geographic scope
National (US)

Taxonomy

Primary area
Energy
Operational domain
Compliance
Topics
Environmental Protection Data Collection

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