[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Pages 43116-43118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20603]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2005-0023; FRL-8949-2]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Clean Water Act Section 404 State-Assumed Programs;
EPA ICR No. 0220.11, OMB Control No. 2040-0168
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
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). This ICR is
scheduled to expire on February 28, 2010. 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 26, 2009.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OW-2005-0023, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Mail: Office of Water Docket, Environmental Protection
Agency, Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC
20460.
Hand Delivery: Office of Water Docket, Environmental
Protection Agency, Public Reading Room, Room B102, EPA West Building,
1301 Constitution Ave., NW., Washington, DC 20004. 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-HQ-OW-2005-
0023. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://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 http://www.regulations.gov or e-mail. The http://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 http://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
[[Page 43117]]
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: 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:
[email protected].
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-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 B102, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC 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.
Use http://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 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 in this document.
What Information Is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(A) of the 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
those States/Tribes requesting assumption of the Clean Water Act
section 404 permit program; States/Tribes with approved assumed
programs; and permit applicants in States/Tribes with assumed programs.
Title: Clean Water Act Section 404 State-Assumed Programs.
ICR Numbers: EPA ICR No. 0220.11, OMB Control No. 2040-0168.
ICR status: This ICR is currently scheduled to expire on February
28, 2010. 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: 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 328].
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/Tribes's 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).
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
[[Page 43118]]
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).
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 number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15 and are
identified on the form and/or instrument, if applicable.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 520
hours to request program assumption, 5 hours to complete a permit
application and 80 hours to prepare the annual report per assumed
program. 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 provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
Estimated total number of potential respondents: 2 States/Tribes to
request program assumption; 20,000 permit applicants, 4 assumed States/
Tribes.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent:
One time to request assumption; one time when requesting a permit;
annually for the annual permit and annual report.
Estimated total annual burden hours: 101,360 (520 hours to request
assumption times two States/Tribes (1,040 hours); 20,000 permit
applicants times 5 hours per application (100,000 hours); 80 hours per
annual report times 4 States/Tribes (320 hours).
Estimated total annual costs: $45,120 (includes $0 annualized
capital and O&M costs).
Are There Changes in the Estimates From the Last Approval?
There are changes in the estimates from the last approval. These
changes are to account for increases in wages.
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: August 19, 2009.
Suzanne Schwartz,
Acting Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. E9-20603 Filed 8-25-09; 8:45 am]
BILLING CODE 6560-50-P