[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Pages 25236-25238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10868]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2005-0062; ER-FRL-8990-3]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Procedures for Implementing the National Environmental
Policy Act and Assessing the Environmental Effects Abroad of EPA
Actions (Renewal); EPA ICR No. 2243.06, OMB Control No. 2020-0033
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 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 August 31, 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 Tuesday, July 6, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2005-0062, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: 202-564-0072.
Mail: Enforcement and Compliance Docket, Environmental
Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
Hand Delivery: EPA Headquarters West Building, Room 3334,
located at 1301 Constitution Ave., NW., Washington, DC 20460. 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-OECA-
2005-0062. 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 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: Jessica Trice, Office of Federal
Activities, Mail Code 2252A, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
564-6646; fax number: (202) 564-0072; 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-OECA-2005-0062, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Enforcement and
Compliance 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 Enforcement and
Compliance Docket is 202-566-1752.
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 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.
[[Page 25237]]
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
certain grant or permit applicants who must submit environmental
information documentation to EPA for their projects to comply with NEPA
or Executive Order 12114. The applicant burden for any EPA action
subject to NEPA and/or Executive Order 12114 that is based on an
applicant proposal, including Wastewater Treatment Construction Grants
Program facilities, STAG actions subject to NEPA and new source NPDES
permits issued by EPA, is addressed in this ICR. EPA's Executive Order
12114 implementing procedures further the purpose of NEPA and provide
that EPA may be guided by the CEQ Regulations to the extent they are
applicable. Therefore, when EPA conducts an environmental assessment
pursuant to its Executive Order 12114 procedures, the Agency generally
follows the CEQ Regulations and the procedures in EPA's NEPA
implementing regulations.
Title: Agency Information Collection Activities; Proposed
Collection; Comment Request; Procedures for Implementing the National
Environmental Policy Act and Assessing the Environmental Effects Abroad
of EPA Actions (Renewal).
ICR numbers: EPA ICR No. 2243.06, OMB Control No. 2020-0033.
ICR status: This ICR is currently scheduled to expire on August 31,
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: The National Environmental Policy Act of 1969 (NEPA), 42
U.S.C. 4321-4347 establishes the Federal government's national policy
for protection of the environment. The Council on Environmental Quality
Regulations (CEQ Regulations) at 40 CFR parts 1500 through 1508
establish procedures implementing the national policy. The CEQ
Regulations (40 CFR 1505.1) require Federal agencies to adopt and, as
needed, revise their own implementing procedures to supplement the CEQ
Regulations and to ensure their decision-making processes are
consistent with NEPA.
Those subject to the final NEPA rule include EPA officials who must
comply with NEPA, and certain grant or permit applicants who must
submit environmental information documentation to EPA for their
proposed projects. The final NEPA regulations consolidate and
standardize the environmental review process applicable to all EPA
actions subject to NEPA, including those actions now specifically
addressed in the regulations and other actions subject to NEPA but not
specifically addressed in the regulations (e.g., certain grants awarded
for special projects authorized by Congress through the Agency's annual
Appropriations Act).
Compliance with the final NEPA regulations is the responsibility of
EPA's Responsible Officials. For applicant-proposed actions, certain
procedures apply to applicants (that is grantees and permit applicants)
who must submit environmental information to EPA as part of the
environmental review process. The EPA Responsible Official is
responsible for the environmental review process, including any
categorical exclusion determination or the scope, accuracy, and
contents of a final environmental assessment (EA) or environmental
impact statement (EIS) and any supporting documents.
The applicant contributes by submitting environmental information
to EPA as part of the environmental review process. For actions subject
to NEPA, the Responsible Official may determine that the proposed
action does not individually or cumulatively have a significant effect
on the human environment and may, therefore, be categorically excluded
from further NEPA review. If the proposed action is not categorically
excluded, the Responsible Official may prepare an EA in order to
determine whether to prepare an EIS or a finding of no significant
impact (FONSI). If necessary, the Responsible Official must prepare an
EIS if the proposed action will have a significant effect on the human
environment. For applicant-proposed actions, the applicant may submit
information to the Responsible Official regarding the applicability of
a categorical exclusion and request a determination by the Responsible
Official. Unless the applicant-proposed action is categorically
excluded, the Responsible Official may gather the information and
prepare the NEPA documents without assistance from the applicant, or
have the applicant prepare an environmental information document (EID)
or a draft EA and supporting documents or implement a third-party
contract agreement with the applicant.
EPA is collecting information from certain applicants as part of
the process of complying with either NEPA or Executive Order 12114.
EPA's NEPA regulations apply to the actions of EPA that are subject to
NEPA in order to ensure that environmental information is available to
the Agency's decision-makers and the public before decisions are made
and before actions are taken. The Part 6 regulations also include EPA's
procedures implementing Executive Order 12114. These procedures ensure
that environmental information is available to the Agency's decision-
makers and other appropriate Federal agencies and officials for actions
subject to Executive Order 12114.
Whether the NEPA documents are based on environmental information
developed by the Responsible Official or submitted by the applicant,
the NEPA review and resulting documents generally rely on the use of
existing data and information, including data and information from
other federal agencies, state or local governments, or federally-
recognized Indian tribes with jurisdiction by law or special expertise.
Whether the NEPA documents are prepared by the Responsible Official or
based on environmental information submitted by the applicant, the
quality of the information provided by an applicant must be sufficient
to enable the Responsible Official to make a decision. This is
accomplished under EPA's NEPA implementing procedures through: (1)
Early coordination and
[[Page 25238]]
cooperation with Federal agencies, State and local governments, and
federally-recognized Indian tribes with jurisdiction by law or special
expertise (see final rule Sec. 6.202); and (2) the public
participation process associated with actions other than those
categorically excluded (see final rule Sec. 6.203). When the
environmental information is provided by the applicant, the Responsible
Official is responsible for the statements, analyses, and conclusions
of the EA or EIS and any supporting documents. The information compiled
is a one-time submission in narrative text format (see final rule
Sec. Sec. 6.205 and 6.207) rather than computerized compilations of
data and information. There are no forms, checklists, or ongoing
reporting, recordkeeping or file-maintenance requirements for
applicants. EPA maintains file records for each action.
The information submitted by applicants would be consistent with
the guidelines of the Office of Management and Budget (OMB) in 5 CFR
1320.6. There are no schedule requirements or requirements on the
number of copies of the documentation to be submitted or requirements
for ongoing reporting or recordkeeping or to conduct statistical
surveys.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 123
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.
For purposes of this ICR, the total annual public reporting and
recordkeeping burden for this collection of information is estimated at
38,472 hours and $3,503,245 for contractor hours and costs, direct
labor hours and costs, and O&M costs. This burden reflects the annual
submission of documentation for an anticipated 312 applicant-proposed
project that may be documented with a CE, or an EA/FONSI, or an EIS/
ROD. For any specific project, only one of these levels of
documentation is generally prepared.
The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
Estimated total number of potential respondents: 312.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent: 1.
Estimated total annual burden hours: 38,472 hours.
Estimated total annual costs: $3,503,245.
Are there changes in the estimates from the last approval?
There is a decrease of 9,675 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This decrease reflects the increasing number of
projects that are documented with a categorical exclusion (CE) rather
than an environmental assessment (EA). Under the current ICR,
approximately 60% of the annual 300 grant projects were documented with
a CE, and 40% with an EA. However, we estimate that out of the 300
annual grant projects, 75% will be documented with a CE and 25% will be
documented with an EA. Annually, then, the burden would shift to 10,125
hours and $3,825 for CE documentation, and 19,500 hours and $3,000 for
EA documentation. With the current ICR, the total annual burden is
48,147 hours and $8,673.34. Under the renewal ICR, the total annual
burden is 38,472 hours and $7,638.34. The renewal ICR reduces the total
annual burden by 9,675 hours and $1,035. This reflects EPA's
respondents anticipated during the 3-year ICR renewal period and the
level of environmental documentation EPA anticipates the respondents
will submit.
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: April 30, 2010.
Susan E. Bromm,
Director, Office of Federal Activities.
[FR Doc. 2010-10868 Filed 5-6-10; 8:45 am]
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