[Federal Register: December 12, 2006 (Volume 71, Number 238)]
[Notices]
[Page 74524-74525]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de06-90]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2005-0023; FRL-8254-1]
Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Clean Water Act Section 404
State-Assumed Programs; EPA ICR No. 0220.10, OMB Control Number 2040-
0168
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that an Information
Collection Request (ICR) has been forwarded to the Office of Management
and Budget (OMB) for review and approval. This is a request to renew an
existing approved collection. The ICR, which is abstracted below,
describes the nature of the information collection and its estimated
burden and cost.
DATES: Additional comments may be submitted on or before January 11,
2007.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2005-0023, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail 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, and (2) OMB
by mail to: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Kathy Hurld, Office of Wetlands,
Oceans, and Watersheds, Wetlands Division (4502T), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone: 202-566-1348; fax number: 202-566-1349; e-mail address:
hurld.kathy@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 11, 2006, (71 FR 39102), EPA sought comments on this
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any
additional comments on this ICR should be submitted to EPA and OMB
within 30 days of this notice.
EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2005-0023, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Water Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8 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.
Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA
receives them and without change, unless the comment contains
copyrighted material, CBI, or other
[[Page 74525]]
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://www.regulations.gov
.
Title: Clean Water Act Section 404 State-Assumed Programs.
ICR Numbers: EPA ICR No. 0220.10, OMB Control No. 2040-0168.
ICR Status: This ICR is scheduled to expire on January 31, 2007.
Under OMB regulations, the Agency may continue to conduct or sponsor
the collection of information while this submission is pending at OMB.
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 title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
Abstract: This information collection request has three parts: A.
Information needed for States or Tribes to request program assumption;
B. Information needed from permit applicants; and C. Information
included in the State or Tribe's annual report.
A. Section 404(g) of the Clean Water Act authorizes States [and
Tribes] to assume the Section 404 permit program. States/Tribes must
demonstrate that they meet the statutory and regulatory requirements
(40 CFR part 233) for an approvable program. Specified information and
documents must be submitted by the State/Tribe to EPA to request
assumption. Once the required information and documents are submitted
and EPA has a complete assumption request package, the statutory time
clock for EPA's decision to either approve or deny the State/Tribe's
assumption request starts. The information contained in the assumption
request is made available to the other involved Federal agencies (Corps
of Engineers, U.S. Fish and Wildlife Service, and National Marine
Fisheries Service) and to the general public for review and comment.
These minimum information requirements are based on the information
that must be submitted when applying for a Section 404 permit from the
Corps of Engineers. [33 CFR part 328].
B. States/Tribes must be able to issue permits that comply with the
404(b)(1) Guidelines, the environmental review criteria. States/Tribes
and the reviewing Federal agencies must be able to review proposed
projects to evaluate, avoid, minimize and compensate for anticipated
impacts. EPA's assumption regulations establish recommended elements
that should be included in the State/Tribe permit application, so that
sufficient information is available to make a thorough analysis of
anticipated impacts. These minimum information requirements are based
on the information that must be submitted when applying for a Section
404 permit from the Corps of Engineers (CWA Section 404(h)(1)(A)(i) and
Section 404(j) and 40 CFR 230.10, 233.20, 233.21, 233.34, and 233.50)
(33 CFR 325.1).
C. EPA is responsible for oversight of assumed programs to ensure
that State/Tribal programs are in compliance with applicable
requirements and that State/Tribal permit decisions adequately
consider, avoid, minimize and compensate for anticipated impacts.
States/Tribes must evaluate their programs annually and submit the
results in a report to EPA. EPA's assumption regulations establish
minimum requirements for the annual report (40 CFR 233.52).
If a State or Tribe chooses to assume the CWA Section 404 Program,
the information collected during the approval process is required and
the reporting requirements for each permit and the annual report are
mandatory (CWA Section 404(h)(1)(A)(i) and Section 404(j) and 40 CFR
230.10, 233.20, 233.21, 233.34, and 233.50) (33 CFR 325.1). The nature
and extent of confidentiality is addressed in Section 404(o) of the
Clean Water Act which requires that all permits and permit applications
under this section be made available to the public.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is listed below. 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 which have
subsequently changed; 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.
Respondents/Affected Entities: States and Tribes.
Estimated Number of Respondents: 2 States/Tribes to request
assumption; 20,000 permit applicants; and 4 States/Tribes to submit
annual report to EPA.
Frequency of Response: One time when requesting assumption; one
time when filing a permit; and annually for program annual report (once
the program is assumed).
Estimated Total Annual Hour Burden: 101,360 hours.
Estimated Total Annual Cost: There are no capital or O&M costs
associated with this collection.
Dated: December 4, 2006.
Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. E6-21116 Filed 12-11-06; 8:45 am]
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