[Federal Register: June 9, 2009 (Volume 74, Number 109)]
[Notices]
[Page 27311-27313]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn09-53]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2009-0089; FRL-8914-9]


Agency Information Collection Activities; Proposed Renewal of
Information Collection; Comment Request; Agency Information Collection
Activities Supporting the Second Cycle of Unregulated Contaminant
Monitoring in Public Water Systems; EPA ICR No. 2192.03, OMB Control
No. 2040-0270

AGENCY: Environmental Protection Agency.

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB) (OMB Control
No. 2040-0270). This ICR is scheduled to expire on November 30, 2009.
Before submitting the proposed information collection renewal to OMB
for review and approval, EPA is requesting public comments on this
submission, as described below.

DATES: Comments must be submitted on or before August 10, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2009-0089, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail: OW-Docket@epa.gov.
     Mail: Water Docket, United States Environmental Protection
Agency, Mail Code 4101T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460, Attention Docket ID No. OW-2009-0089.
     Hand Delivery: Deliver your comments to Water Docket, EPA
Docket Center, Environmental Protection Agency, Room B102, 1301
Constitution Ave., NW., Washington, DC, Attention Docket ID No. OW-
2009-0089. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-OW-2009-
0089. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
Please contact EPA prior to submitting CBI. The www.regulations.gov Web
site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: David J. Munch, Technical Support
Center, Office of Ground Water and

[[Page 27312]]

Drinking Water, United States Environmental Protection Agency, Office
of Water, 26 West Martin Luther King Drive (MS 140), Cincinnati, OH
45268, telephone (513) 569-7843; e-mail address munch.dave@epa.gov. For
general information, contact the Safe Drinking Water Hotline. Callers
within the United States may reach the Hotline at (800) 426-4791. The
Hotline is open Monday through Friday, excluding legal holidays, from
10 a.m. to 4 p.m., eastern time.

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID
No. EPA-OW-2009-0089, which is available for online viewing at
www.regulations.gov, or in-person viewing at the Water Docket, EPA/DC,
EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC.
This Public Reading Room is open from 8:30 a.m. to 4:30 p.m., eastern
time, Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is (202) 566-1744, and the Water
Docket is (202) 566-2426.
    Use www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
of the contents of the 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 in this
document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act
(PRA), EPA specifically solicits 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. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action are
Public Water Systems (PWSs). States, Territories, and Tribes with
primacy to administer the regulatory program for PWSs under the Safe
Drinking Water Act (SDWA) may participate in implementation of the
second Unregulated Contaminant Monitoring Regulation (UCMR 2) through a
Partnership Agreement (PA). These primacy agencies may sometimes
conduct monitoring and maintain records. The North American Industry
Classification System (NAICS) code for PWSs is 221310. The NAICS codes
for State agencies that include drinking water programs are 924110
(Administration of Air and Water Resources and Solid Waste Management
Programs) and 923120 (Administration of Public Health Programs).
    Title: Agency Information Collection Activities Supporting the
Second Cycle of Unregulated Contaminant Monitoring in Public Water
Systems
    ICR numbers: EPA ICR No. 2192.03, OMB Control No. 2040-0270.
    ICR status: This ICR is currently scheduled to expire on November
30, 2009. 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: The Safe Drinking Water Act (SDWA), as amended in 1996,
directs EPA to establish criteria for a program to monitor not more
than 30 unregulated contaminants every five years. EPA published the
first group of contaminants in the Unregulated Contaminant Monitoring
Regulation (i.e., UCMR 1), which established a revised approach for
UCMR implementation, in the Federal Register dated September 17, 1999
(64 FR 50556). EPA published the second group of contaminants in UCMR
2, in the Federal Register dated January 4, 2007 (72 FR 367). This
regulation met the SDWA requirement by identifying 25 new priority
contaminants to be monitored during the UCMR 2 cycle of 2007-2011.
    Under UCMR 2, Assessment Monitoring uses more common analytical
method technologies used by drinking water laboratories. All PWSs
serving more than 10,000 people, and 800 representative PWSs serving
fewer than 10,001 people are required to monitor for the 10 ``List 1''
contaminants during a 12-month period between January 2008-December
2010. Screening Survey monitoring uses more specialized analytical
method technologies not commonly used by drinking water laboratories.
All PWSs serving more than 100,000 people, 320 representative PWSs
serving 10,001-100,000 people, and 480 representative PWSs serving
fewer than 10,001 people are required to monitor for the 15 ``List 2''
contaminants during a 12-month period between January 2008-December
2010.
    This notice proposes renewal of the currently approved UCMR 2 ICR
(OMB Control No. 2040-0270), which covers the period of 2007-2009. This
ICR renewal will account for activities conducted during 2010-2012.
Note that the complete five-year UCMR 2 cycle of 2007-2011 overlaps
with the applicable ICR renewal period only during 2010 and 2011.
Public water systems will only be involved in active monitoring during
2010 (i.e., one-third of this ICR period).

[[Page 27313]]

    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1.9
hours per response. 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.
    The ICR supporting statement provides a detailed explanation of the
Agency's estimate, which is only briefly summarized here:
    Estimated total number of potential respondents: 1,694 (1,638
public water systems and 56 State primacy agencies).
    Frequency of response: 1 response per year.
    Estimated total average number of responses for each respondent: 3.
    Estimated total annual burden hours: 9,761.
    Estimated average number of burden hours per response: 1.9.
    Estimated total annual costs: $3,250,616. This includes an
estimated burden cost of $387,096 and an estimated cost of $2,863,520
for analytical costs.
    Small systems (those serving 10,000 or fewer) that are selected for
UCMR 2 monitoring will sample an average of 2.7 times per system (i.e.,
number of responses per system) across the three-year ICR renewal
period of 2010-2012. The average total burden per response for small
systems is estimated to be 1.8 hours. Large systems (those serving
10,001 to 100,000) and very large systems (those serving more than
100,000) will sample and report an average of 3.1 and 3.6 times per
system, respectively, across the three-year ICR period of 2010-2012.
The average total burdens per response for large and very large systems
are estimated to be 3.8 and 8.7 hours, respectively. The larger burden
per response for the very large systems reflects the fact that these
systems typically have more sampling locations than large systems.
States are assumed to incur 2 responses over the three-year ICR period
related to coordination with EPA and systems, with an average burden
per response of 95.2 hours. In aggregate, during the ICR period of
2010-2012, the average response (e.g., responses from systems and
States) is associated with a total burden of 5.8 hours, with a labor
plus non-labor cost of $1,939 per response.
    The annual average per respondent burden hours and costs for the
ICR period of 2010-2012 are: small systems--1.6 hour burden at $44 for
labor; large systems--3.8 hours at $114 for labor, and $1,747 for
analytical costs; very large systems--10.4 hours at $369 for labor, and
$7,260 for analytical costs; and States--63.5 hours at $3,499 for
labor. Annual average burden and cost per respondent (including both
systems and States) is estimated to be 5.8 hours, with a labor plus
non-labor cost of $1,919 per respondent (note that small systems do not
pay for testing costs, so they only incur labor costs). The total
annual burden for the ICR reporting period of 2010-2012 is 9,761 hours
(with a labor cost of $387,096); the total annual analytical cost is
$2.86 million.

Are There Changes in the Estimates From the Last Approval?

    The renewal of this ICR will result in an overall decrease of
91,875 hours in the total estimated respondent burden identified in the
currently approved ICR (OMB Control No. 2040-0270). The complete five-
year UCMR 2 cycle of 2007-2011 overlaps with the applicable ICR renewal
period only during 2010 and 2011. Moreover, public water systems will
only be involved in active monitoring during 2010 (i.e., one-third of
this ICR period). Thus, the reasons that respondents to UCMR 2 will
incur a different burden during this second ICR period of 2010-2012,
than during the first UCMR 2 ICR period of 2007-2009 include:
     Fewer PWSs participating during this ICR period: UCMR 2
monitoring takes place from 2008-2010, with approximately \1/3\ of
systems participating in each of those three years. Thus, during the
first ICR period of 2007-2009, approximately \2/3\ of participating
systems (~ 3,275 systems) have completed their required monitoring, and
during the second ICR period of 2010-2012, the remaining \1/3\ (~ 1,638
systems) will complete their required monitoring.
     Schedule of activities for PWSs different during this ICR
period: Some initial activities were conducted by all systems during
2007 (or prior to monitoring), including reading regulations, and
reporting prior to monitoring (contact and sampling location
information, and proposals to reduce the number of required monitoring
locations). Thus, there are some PWS activities that took place during
the first UCMR 2 ICR period of 2007-2009, that will not take place
during the second ICR period of 2010-2012.
     Schedule of activities also different for participating
States and EPA: Management and support activities for States and EPA
also vary with the UCMR 2 monitoring schedule. Thus, both States and
EPA are expected to have different burdens during this second UCMR 2
ICR period of 2010-2012.

What Is the Next Step in the Process for This ICR?

    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 pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: June 1, 2009.
Cynthia C. Dougherty,
Director, Office of Ground Water and Drinking Water.
[FR Doc. E9-13490 Filed 6-8-09; 8:45 am]

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