[Federal Register: August 12, 2004 (Volume 69, Number 155)]
[Notices]
[Page 49895-49896]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au04-68]
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ENVIRONMENTAL PROTECTION AGENCY
[OW-2004-0017, FRL-7800-6]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Combined Sewer Overflow Control Policy, EPA ICR Number
1680.03, OMB Control Number 2040-0170
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA is planning to submit a
continuing Information Collection Request (ICR) to the Office of
Management and Budget (OMB). This is a request to renew an existing
approved collection. This ICR is scheduled to expire on October 31,
2004. Before submitting the ICR to OMB for review and approval, EPA is
soliciting comments on specific aspects of the proposed information
collection as described below.
DATES: Comments must be submitted on or before October 12, 2004.
ADDRESSES: Submit your comments, referencing docket ID number OW-2004-
0017 to EPA online using EDOCKET (our preferred method), by email to
OW-DOCKET@epa.gov, or by mail to: EPA Docket Center, Environmental
Protection Agency, Water Docket (Mail Code 4101T), 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Timothy J. Dwyer, Environmental
Protection Agency, Water Permits Division (4203M), 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone number: 202-564-0717; fax
number: 202-564-6392; e-mail address: dwyer.tim@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has established a public docket for this
ICR under Docket ID number OW-2004-0017, which is available for public
viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the Reading Room is (202) 566-1744, and the telephone number for
the Water Docket is (202) 566-2426. An electronic version of the public
docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.
Use EDOCKET to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the public docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified above.
Any comments related to this ICR should be submitted to EPA within
60 days of this notice. EPA's policy is that public comments, whether
submitted electronically or in paper, will be made available for public
viewing in EDOCKET as EPA receives them and without change, unless the
comment contains copyrighted material, CBI, or other information whose
public disclosure is restricted by statute. When EPA identifies a
comment containing copyrighted material, EPA will provide a reference
to that material in the version of the comment that is placed in
EDOCKET. The entire printed comment, including the copyrighted
material, will be available in the public docket. Although identified
as an item in the official docket, information claimed as CBI, or whose
disclosure is otherwise restricted by statute, is not included in the
official public docket, and will not be available for public viewing in
EDOCKET. For further information about the electronic docket, see EPA's
Federal Register notice describing the electronic docket at 67 FR 38102
(May 31, 2002), or go to http://www.epa.gov./edocket.
Affected entities: Entities potentially affected by this action are
approximately 770 municipalities with combined sewer systems, which are
covered by EPA's Combined Sewer Overflow (CSO) Control Policy.
Title: Combined Sewer Overflow Control Policy (OMB Control No.
2040-0170; EPA ICR No. 1680.03) expiring on October 31, 2004.
Abstract: EPA is proposing to continue its ICR for the Combined
Sewer Overflow (CSO) Control Policy. The ICR was approved in April
1994. The first renewal was approved in September 1997; the second in
October 2001. This renewal ICR includes the burden associated with
documenting implementation of the nine minimum controls identified in
the CSO control policy, public notification of CSO events and their
impacts, developing and submitting long-term CSO control plans (LTCPs),
and post-construction compliance monitoring.
Combined sewer systems (CSSs) serve approximately 770
municipalities, primarily in the Northeast and Great Lakes regions.
This number is smaller than that in the former ICR largely
[[Page 49896]]
because the Agency has better data on the number of municipalities with
combined sewer systems nationwide. CSOs occur when these systems
overflow and discharge to receiving waters prior to treatment in a
publicly owned treatment works (POTW).
The CSO Control Policy, published on April 19, 1994 (59 FR 18688),
is a national framework for controlling CSOs through the National
Pollutant Discharge Elimination System (NPDES) permitting program. The
Policy represents a comprehensive national strategy to ensure that
municipalities with CSSs, NPDES permitting authorities, water quality
standards authorities, and the public engage in a comprehensive and
coordinated planning effort to achieve cost-effective CSO controls that
ultimately need appropriate health and environmental objectives,
including compliance with water quality standards. In December 2000,
the Wet Weather Water Quality Standards Act amended the Clean Water Act
by adding Section 402(q). Among other things, Section 402(q)(1)
requires that permits, orders, and decrees issued after its date of
enactment, shall conform to the EPA's 1994 CSO Control Policy.
Among the provisions in the CSO Policy are the ``nine minimum
controls'' (NMC), which are technology-based actions or measures
designed to reduce the magnitude, frequency, and duration of CSOs and
their effects on receiving water quality. The CSO Control Policy
provided for implementation of the NMC by January 1, 1997.
One of the NMC is public notification of CSO occurrences and
impacts. Public notification is of particular concern at beach and
recreation areas directly or indirectly affected by CSOs, where public
exposure is likely to be significant. That burden continues to be
included in this renewal.
The CSO Control Policy also contains a provision for the
development of long-term control plans. The policy delineates that
permit writers require permittees to develop a long-term plan within
two years of the issuance of a NPDES permit or other enforceable
mechanism containing such a requirement. The core of the plan is the
development and evaluation of long-term control alternatives. One of
the elements of the long-term plan is the development of a post-
construction compliance monitoring program to be implemented when
selected controls are completed. OMB's approval of the initial ICR for
the CSO Control Policy recommended that the renewal ICRs include EPA's
best estimate of the burden associated with a reasonable and targeted
compliance monitoring program.
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. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR Part 9.
The EPA would like to solicit comments 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 Statement: Based on the information collection requirements
in the existing ICR, the estimated burden reflected in this ICR is
1,754,877 hours and a cost of $61,964,707.
Of this total, the portion for municipalities with combined sewer
systems is 1,699,696 hours at a cost of $60,016,265 including start-up
costs of $182,125 for the third party notification under the Nine
Minimum Controls (NMC) in the CSO Policy. The estimated burden on each
of 585 municipalities for DMR reporting and recordkeeping is 417 hours
and $14,724. The estimated burden on each of 490 municipalities for NMC
reporting and long-term control plan development and submission is
3,011 hours and $106,313 and for third-party notification, 27 hours and
$940.
The estimated burden for Federal and State governments is 4,894
hours and $172,807 and 55,181 hours and $1,948,441, respectively. This
includes the burden associated with reviewing the DMRs, the NMC
documentations, and the long-term control plans submitted by the
respondents, and reissuing NPDES permits or issuing other enforceable
mechanisms to municipalities with CSSs to implement the CSO Control
Policy. The annual average burden for Federal and State review of DMRs,
NMC documentations, and long-term control plans is 1,325 hours and
$46,774 and 15,807 hours and $532,722, respectively. The annual average
burden associated with reissuing NPDES permits or issuing other
enforceable mechanisms to CSO municipalities is 307 hours and $10,828
for the Federal government and 3,307 hours and $116,758 for State
governments.
The estimated burden on the States to report summary information to
EPA for oversight of the EPA's CSO Control Policy and for GPRA purposes
is 1,200 hours and $42,351.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
Dated: August 5, 2004.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 04-18460 Filed 8-11-04; 8:45 am]
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