[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Notices]
[Pages 54682-54684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26458]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5319-8]


Agency Information Collection Activities Up for Renewal; Water 
Quality Standards Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that the Information Collection Request 
(ICR) listed below is coming up for renewal. Before submitting the 
renewal package to the Office of Management and Budget (OMB), EPA is 
soliciting comments on specific aspects of the collection as described 
below.

DATES: Comments must be submitted on or before December 26, 1995.

ADDRESSES: Water Quality Standards Branch, U.S. EPA, 401 M Street SW., 
Mailcode 4305, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Karen Gourdine, Telephone Number: 
(202) 260-1328, Facsimile Number: (202) 260-9830.

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities affected by this action are Indian 
Tribes that are seeking or have EPA authorization to administer the 
water quality standards program contained in Section 303 of the Clean 
Water Act and the 50 States and 7 Territories (the District of 
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, the Trust Territory of the Pacific Islands, the 
Commonwealth of the Northern Mariana Island).
    Title: Information Collection Request for the Water Quality 
Standards Regulation (OMB Control #2040-0049; Expiration Date: February 
26, 1996).
    Abstract: Water quality standards are provisions of Tribal, State, 
or Federal law which consist of designated uses for the waters of the 
United States, water quality criteria for the waters based on such 
uses, and an antidegradation policy to prevent the degradation of water 
quality. Water quality standards are established to protect the public 
health or welfare, protect and enhance the quality of water, and serve 
the purposes of the Clean Water Act (``CWA''). Such standards serve two 
primary purposes. First, they define water quality goals for water 
bodies. Second, they serve as a regulatory basis for establishing water 
quality-based treatment controls and strategies beyond technology-based 
treatment required by Sections 301 and 306 of the CWA. At a minimum, 
water quality standards must contain use designations for waterbodies, 
water quality criteria that protect the use designations, and an 
antidegradation policy that protect the both existing uses and high 
quality waters.
    States are required by Federal law to establish water quality 
standards. Currently, CWA Section 303(c) of the CWA (33 U.S.C. 1313(c)) 
governs the water quality standards program. Section 303(c) requires 
Indian Tribes (that have received EPA authorization to adminster the 
water quality standards program and have had their water quality 
standards approved by EPA) as well as States to review and revise their 
water quality standards at least once every three years and to submit 
to EPA the results of the revisions. EPA then reviews each State or 
Tribal submission for approval or disapproval.
    The Water Quality Standards Regulation (40 CFR Part 131) is the EPA 
regulation governing the implementation of the water quality standards 
program. The Water Quality Standards Regulation (the Regulation) 
describes requirements and procedures for the States and Tribes to 
develop, review, and revise their water quality standards and for EPA 
to review and approve the water quality standards. Section 131.6 
establishes the following minimum requirements for a water quality 
standards submission: (a) use designations consistent with Section 
101(a)(2) and 303(c)(2) of the Act, (b) methods used and analyses 
conducted to support water quality standards revisions, (c) water 
quality criteria sufficient to protect the designated uses, (d) an 
antidegradation policy consistent with 40 CFR 131.12, (e) certification 
by the State Attorney General or other appropriate legal authority that 
the water quality standards were duly adopted pursuant to State or 
Tribal law, and (f) information which will aid EPA in determining the 
adequacy of the scientific basis of the standards that do not include 
the uses specified in Section 101(a)(2) of the Act and information on 
general policies that may affect the application and implementation of 
the standards.
    EPA's review of State and Tribal submissions is implemented through 
Section 131.5 of the Regulation. The review criteria are: (a) whether 
the adopted use designations are consistent with CWA requirements, (b) 
whether the criteria protect the designated water uses, (c) whether the 
State or Tribe has followed its legal procedures for revising or 
adopting standards, (d) whether the standards which do not include uses 
specified in Section 101(a)(2) of the Act are based on appropriate 
technical and scientific data and analyses, and (e) whether the 
submission meets the minimum elements from section 131.6 (above).
    CWA Section 518(e) requires EPA to promulgate regulations 
specifying how Indian Tribes would qualify to administer the water 
quality standards program, and to establish a mechanism to resolve 
disputes which arise between States and Tribes over water quality 
standards on common waterbodies. Implementation of the regulatory 
revisions will likely include collection of information by EPA for 
purposes of determining if a Tribe is qualified to administer the water 
quality standards program, and determining if initiation of a formal 
EPA dispute resolution action is justified. Tribes are not required to 
apply for administering the water quality standards program, nor are 
Tribes/States required to request EPA assistance in resolving disputes. 
However, where Tribes desire to be authorized to administer the water 
quality standards program, or where Tribes/States desire a formal EPA 
dispute resolution action, information collection will be necessary.
    Based on the review of their existing water quality standards, 
State and Tribal agencies make recommendations on any justified changes 
to the water quality standards. The State or Tribe must then provide an 
opportunity for at least one 

[[Page 54683]]
public hearing (at least once every three years) for the purpose of 
receiving public input on the review and proposed revisions to the 
standards. Based on the record developed according to the State's or 
Tribe's administrative procedures requirements, the State and Tribes 
adopts those changes deemed justified.
    The results of the review and other materials are submitted to the 
EPA for review (performed at the Regional offices). If the standards 
are consistent with the CWA, EPA must approve the standards within 60 
days; if the standards are not consistent with the CWA, EPA will 
disapprove the standards. If the State or Tribe does not make changes 
necessary to the standards within 90 days, EPA may propose to 
promulgate a Federal regulation to remedy the disapproval.
    Where an Indian Tribe desires to seek authorization for 
administering its own water quality standards program, the Tribe will 
be required to submit an application containing sufficient information 
for EPA to determine if the Tribe is qualified. The application 
includes: (a) Evidence that the Tribe is recognized by the Secretary of 
the Interior; (b) A narrative statement that the Tribe is currently 
carrying out substantial governmental duties and powers over a Federal 
Indian reservation; and, (c) A narrative statement of the Tribe's 
authority to regulate the quality of reservation waters, and a 
narrative statement describing the capability of the Tribe to 
administer an effective water quality standards program. Because the 
application process to seek authorization of the water quality 
standards program is a one-time effort on the part of Tribes, there are 
no reporting frequencies associated with this information submission.
    Where a dispute arises between a Tribe and a State over a common 
waterbody, and the Tribe or State desires EPA to initiate a formal 
dispute resolution action, the Tribe or State will be required to 
submit a written request to EPA. Some of the information needed 
includes: (a) A statement of the alleged unreasonable consequences that 
have arisen due to the differing water quality standards; (b) A 
description of the actions which have been taken to resolve the dispute 
(c) An identification of the water quality standards provision(s) which 
has resulted in the dispute, and (d) A statement of the relief sought.
    State and Tribal water quality standards are used in several ways 
including serving as water quality goals for each waterbody, helping 
Federal, State, Tribal, and local governments develop water quality 
management plans and objectives, helping land use planners plan future 
growth helping industries make facility citing decisions, and helping 
State and local governments plan for and protect water supplies. Most 
importantly, water quality standards serve as the foundation of 
regulatory requirements for controlling pollutant discharges. The water 
quality standards program provides the basis for water quality-based 
pollutant controls which must be implemented where technology-based 
controls do not enable the water quality standards to be met. The water 
quality standards program also identifies situations where non-point 
sources need controlling and serve as the basis for establishing 
wasteload allocations and water quality-based permit limits for point 
source dischargers. If this activity were not carried out, explicit 
requirements of the Clean Water Act would be violated.
    EPA will use the information submitted by the State or Tribes for 
initiation of a formal EPA dispute resolution action to determine if 
initiation of such a dispute resolution is justified under CWA Section 
518(e). Because requesting EPA dispute resolution is optional, there 
are no reporting frequencies associated with any of the dispute 
resolution request information submission requirements. EPA assumes 
that requests for dispute resolution will occur only where desired by 
States or Tribes, and only once per dispute.
    To minimize the information submission burden on States and Tribes 
pertaining to dispute resolution, the submission of a formal written 
request is not necessary where informal EPA mediation of disputes is 
desired. Written requests and information submission are only required 
where a State or Tribe desires a formal EPA dispute resolution action. 
Because each dispute over water quality standards will be unique, and 
the information required to be submitted pertains solely to the dispute 
it is very unlikely that Tribes will be required to re-submit 
information which has previously been provided when requesting an EPA 
dispute resolution action.
    EPA has developed numerous detailed program and technical guidance 
documents to assist States and Tribes in reviewing their standards, 
performing UAAs, deriving site-specific criteria, conducting wasteload 
allocations, and incorporating water quality-based control requirements 
into National Pollution Discharge Elimination System (NPDES) permits. 
EPA also provides assistance to help States and Tribes address certain 
water quality issues. Additionally, EPA provides a computerized system 
(STORET) which States and Tribes may use and which minimizes the burden 
to maintain records on water quality data. Furthermore, efforts has 
been made to to reduce the burden on Tribes that choose to apply for 
any CWA or SDWA programs.
    The information collection schedule is pursuant to the mandates of 
Section 303(c) of the CWA and, thus, is not adjustable by the EPA. The 
triennial review cycle ensures that the latest scientific and other 
information are reflected in the standards. Application by Indian 
Tribes to administer the water quality standards program is a one-time 
collection of information per respondent. Requests for dispute 
resolution also will be a one-time collection of information per 
respondent.
    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 are displayed in 40 CFR Part 9. This ICR renewal does not 
involve third party and public disclosures not previously reviewed and 
approved by OMB.
    The CWA and EPA's water quality standards regulation require 
reporting from 50 States and 7 commonwealths and territories, and 
Indian Tribes (that have developed their water quality standards and 
have EPA authorization to administer the water quality standards 
program). The reporting consists of submitting the reviewed, revised, 
and adopted water quality standards to EPA at least once every three 
years. Also, the reporting includes Tribal applications to administer 
the water quality standards program and State/Tribal requests for 
dispute resolution. The ICR renewal will not include the burden for 
third-party and public disclosures not previously reviewed and approved 
by OMB.
    EPA would like to solicit comments 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;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and 

[[Page 54684]]

    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    Burden Statement: The existing estimated total annual burden to the 
respondents is 193,440 hours per year (based on 77 jurisdictions with 
20 Indian Tribes qualifying for administer the water quality standards 
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; 
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.
    Send comments regarding these matters, or any other aspect of the 
information collection, including suggestions for reducing the burden, 
to: Karen Gourdine, Water Quality Standards Branch, U.S. EPA, 401 M 
Street SW., Mailcode 4305, Washington, DC 20460.

    Dated: October 19, 1995.
Tudor T. Davies,
Director, Office of Science and Technology.
[FR Doc. 95-26458 Filed 10-24-95; 8:45 am]
BILLING CODE 6560-50-P