[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Notices]
[Pages 56191-56193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26169]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2009-0817; FRL-8975-8]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Stormwater Management Including Discharges From Newly
Developed and Redeveloped Sites; EPA ICR No. 2366.01, OMB Control No.
2040-NEW.
AGENCY: Environmental Protection Agency.
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 EPA is planning to
submit a request for a new Information Collection Request (ICR) to the
Office of Management and Budget (OMB). 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 beforeDecember 29, 2009.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2009-0817, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
E-mail: [email protected], Attention Docket ID No. EPA-HQ-
OW-2009-0817.
Fax: 202-566-9744.
Mail: Water Docket, U.S. Environmental Protection Agency,
Mail code: 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Attention Docket ID No. EPA-HQ-OW-2009-0817.
Hand Delivery: Water Docket, EPA Docket Center, EPA West
Building Room 3334, 1301 Constitution Ave., NW., Washington, DC,
Attention Docket ID No. EPA-HQ-OW-2009-0817. 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-2009-
0817. 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.
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
[[Page 56192]]
about EPA's public docket visit the EPA Docket Center homepage at
http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Jan Matuszko, Engineering and Analysis
Division, Office of Water, (4303T), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number:
202-566-1035; fax number: 202-566-1053; e-mail address:
[email protected] or Jonathan Angier, Water Permits Division,
(4203M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: 202-564-0729; fax number: 202-
564-6392; 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-2009-0817, which is available for online viewing at
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
8:30 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 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 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?
Docket ID No. EPA-HQ-2009-0817
Affected entities: EPA is proposing to distribute three separate
questionnaires focusing on gathering data pertaining to current
stormwater management practices, including those used to control
discharges from newly developed and redeveloped sites. The first
questionnaire (``Industry Questionnaire'') targets establishments that
develop and redevelop sites in the United States. Establishments
receiving this questionnaire are classified by the following eight
North American Industry Classification System (NAICS) codes:
236115: New Single-Family Housing Construction (except operative
builders);
236116: New Multifamily Housing Construction (except operative
builders);
236117: New Housing Operative Builders;
236210: Industrial Building Construction;
236220: Commercial and Institutional Building Construction;
237210: Land Subdivision;
237310: Highway, Street and Bridge Construction; and
237990: Other Heavy and Civil Engineering Construction.
The second questionnaire (``MS4 Questionnaire'') targets owners or
operators of municipal separate storm sewer systems (MS4s). This
includes MS4 communities regulated under NPDES stormwater Phase I and
Phase II regulations and other local government entities.
Lastly, EPA designed the third questionnaire (``States
Questionnaire'') to obtain information from the states and territories.
Title: Information Collection Request for Stormwater Management
Including Discharges from Newly Developed and Redeveloped Sites.
ICR numbers: EPA ICR No. 2366.01, OMB Control No. 2040-NEW.
ICR status: This ICR is for a new information collection activity.
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: As the urban, suburban and exurban human environment
expands, there is an increase in impervious land cover and stormwater
discharges. This increase in impervious land cover on developed sites
reduces or eliminates the natural infiltration of precipitation. The
resulting stormwater flows across roads, rooftops, and other impervious
surfaces, picking up pollutants that are then discharged to our
nation's waters. In addition, the increased volume of stormwater
discharges results in the scouring of rivers and streams, degrading the
physical integrity of aquatic habitats, stream function and overall
water quality.
In order to make EPA's stormwater program more effective in
protecting our nation's water quality, EPA commissioned the National
Research Council (NRC) to review the Agency's program for controlling
stormwater discharges under the CWA and
[[Page 56193]]
recommend any steps the Agency should take. The NRC released its
report, entitled Urban Stormwater Management in the United States,
National Academy of Sciences Press, in October 2008, with
recommendations for EPA on how to strengthen the national stormwater
program (available at http://cfpub.epa.gov/npdes/home.cfm?program_id=6). The NRC found that the current regulatory approach by EPA under
the CWA is not adequately controlling all sources of stormwater
discharge that are contributing to waterbody impairment. The NRC
recommended that EPA address stormwater discharges from impervious land
cover and promote practices that harvest, infiltrate and
evapotranspirate stormwater to reduce or prevent it from being
discharged, which is critical to reducing the volume and pollutant
loading to our nation's waters.
In order to protect our nation's water quality, EPA is committing
to move forward with a nationwide rulemaking pursuant to CWA section
402(p), 33 U.S.C. 1342(p), to propose requirements, including design or
performance standards, for stormwater discharges from, at minimum,
newly developed and redeveloped sites. EPA intends to propose
regulatory options that would revise the NPDES regulations and
establish a comprehensive program to address stormwater discharges from
newly developed and redeveloped sites and to take final action no later
than November 2012. As part of this effort, EPA needs to gather data to
assess current practices and regulatory mechanisms; the effectiveness
and feasibility of various control technologies, best management
practices (BMPs), and pollution prevention opportunities and their
associated potential pollutant reductions and costs; and the possible
financial impacts associated with implementing regulations for
stormwater discharges in developed and developing areas. Therefore, EPA
is seeking Office of Management and Budget (OMB) approval for an ICR.
In order to evaluate current stormwater management practices, the
scope of the current state and local programs, and any EPA regulation
to control these discharges, EPA is proposing several data collection
activities. Because a regulation could impact, among others,
establishments responsible for developing or redeveloping sites, MS4s,
and the states, the ICR announced today is composed of three
questionnaires: an Industry Questionnaire, an MS4 Questionnaire, and a
State Questionnaire.
EPA is distributing the Industry Questionnaire to collect technical
feasibility, effectiveness, and cost information on various controls,
pollution prevention technologies, and BMPs applied to stormwater
discharges from newly developed and redeveloped sites. Some of these
BMPs include promoting onsite stormwater retention. This information
will be used to assist EPA in evaluating various regulatory options and
determining the site level and nationwide costs for regulating the
pollutant discharges associated with stormwater from newly developed
and redeveloped sites. Additionally, EPA will collect firm level
financial data to assess the economic impact if these controls were the
basis of a regulation.
The MS4 and State Questionnaires will collect information on the
scope of the current regulatory program and the stormwater management
practices that are currently required for controlling stormwater
discharges. This includes information on site plan review, performance
standards or design criteria, retention practices and associated
financial information. EPA intends to use this information to assess
existing conditions and the impact to MS4s and states that may result
from a regulation.
EPA intends to submit this information collection request to the
Office of Management and Budget (OMB) for approval to distribute three
mandatory questionnaires under the authority of Section 308 of the CWA,
33 U.S.C. 1318. All questionnaire recipients will be required to
complete and return the questionnaire to EPA.
EPA solicits comment on the following items regarding this ICR.
(1) Are there alternate means of gathering data from the MS4s and/
or States that would obviate the need for a questionnaire?
(2) Are there other commercial enterprises that should be included
as respondents, as a means of obtaining maintenance and installation
cost information for stormwater controls?
(3) Are there alternate means of gathering information on general
project design and costs, and the changes in general project design and
costs that could result from implementing national standards for
stormwater discharges from newly developed and redeveloped sites?
(4) Are there alternate means of distributing the ``Industry
Questionnaire'' in order to get representative information while
causing less burden to the respondents, such as a short questionnaire
that goes out to a larger sample of respondents while a smaller subset
of respondents receives a more detailed questionnaire?
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 53
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 provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
Estimated total number of potential respondents: 2,060.
Frequency of response: One occasion.
Estimated total average number of hours for each respondent: 53.
Estimated total annual burden hours: 108,675.
Estimated total annual costs: $4.07 million. This includes an
estimated burden cost of $4.05 million for labor and $17,150 for
operations and maintenance.
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: October 26, 2009.
Ephraim S. King,
Director, Office of Science and Technology.
[FR Doc. E9-26169 Filed 10-29-09; 8:45 am]
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