[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Notices]
[Pages 3396-3397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1911]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL 5410-4]

Request for Comments: Combined Sewer Overflow Control Policy


Information Collection Activities being amended (OMB Control 
Number 2040-0170)

AGENCY: Environmental Protection Agency.

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 EPA plans to submit the following 
amended 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 amended information collection as described below.

DATES: Comments must be submitted on or before April 1, 1996.

ADDRESSES: Environmental Protection Agency, Office of Wastewater 
Management (Mail Code 4203), 401 M Street SW., Washington, DC 20460. 
Interested persons may obtain a copy of the ICR amendment and 
supporting analysis without charge by contacting the individual listed 
below.

FOR FURTHER INFORMATION CONTACT: Timothy Dwyer, EPA Office of 
Wastewater Management (Mail Code 4203), 401 M Street SW., Washington, 
DC20460. Telephone: (202) 260-6064. Fax: (202) 260-1460.

SUPPLEMENTARY INFORMATION:

    Affected entities: Entities potentially affected by this action are 
municipalities with combined sewer systems, which are covered by EPA's 
Combined Sewer Overflow (CSO) Control Policy.
    Title: Amendment--ICR for the Combined Sewer Overflow Policy.
    Abstract: EPA is amending its ICR for the Combined Sewer Overflow 
(CSO) Policy to include the burden associated with third-party 
notification provisions under the Policy. This amendment is being 
prepared to reflect changes to ICR requirements identified in the 
Paperwork Reduction Act of 1995. Specifically, it addresses the 
expanded scope of the Act in redefining ``collection of information'' 
to include ``disclosure to third parties or the public.'' Information 
collection burden other than third-party notification is reflected in 
the existing ICR for the CSO Control Policy (ICR 1680.01; OMB control 
number 2040-0170).
    Combined sewer systems (CSSs) serve approximately 1,100 
municipalities with approximately 43 million people, primarily in the 
Northeast and Great Lakes regions. CSOs occur when these systems 
overflow and discharge to receiving waters prior to treatment in a 
publicly owned treatment works (POTW).
    The CSO Control Policy, published on April 19, 1994 (59 FR 18688), 
is a national framework for controlling CSOs through the National 
Pollutant Discharge Elimination System (NPDES) permitting program. The 
Policy represents a comprehensive national strategy to ensure that 
municipalities with CSSs, NPDES permitting authorities, water quality 
standards authorities, and the public engage in a comprehensive and 
coordinated planning effort to achieve cost-effective CSO controls that 
ultimately meet appropriate health and environmental objectives, 
including compliance with water quality standards. The Policy 
recognizes the site-specific nature of 

[[Page 3397]]
CSOs and their impacts, and provides the flexibility necessary to 
tailor controls to local situations. The Policy is based on a framework 
negotiated by stakeholders, and EPA has recommended that it be 
incorporated into revisions of the Clean Water Act (CWA).
    Among the provisions in the CSO Policy are the ``nine minimum 
controls'' (NMC), which are technology-based actions or measures 
designed to reduce the magnitude, frequency, and duration of CSOs and 
their effects on receiving water quality. The NMC should not require 
significant engineering studies or major construction, and 
municipalities are expected to implement them as soon as practicable 
but no later than January 1, 1997. Many municipalities have already 
made significant progress in implementing the NMC.
    One of the NMC is public notification of CSO occurrences and 
impacts. Public notification is of particular concern at beach and 
recreation areas directly or indirectly affected by CSOs, where public 
exposure is likely to be significant. Although the information 
collection burden associated with implementing and documenting the NMC 
is included in the ICR for the CSO Control Policy, that ICR does not 
include any burden associated with third-party notification.
    The CSO Control Policy and EPA's guidance provide considerable 
flexibility to municipalities in implementing the public notification 
provision, because the most appropriate mechanism for public 
notification will vary with local circumstances, such as the character 
and size of affected water bodies, their uses, and means of public 
access. The selected mechanism should be the most cost-effective method 
that provides reasonable assurance that the affected public is informed 
in a timely manner. Municipalities will choose from methods that 
include posting signs at affected use areas, posting signs at CSO 
outfalls, and notices in newspapers or radio broadcasts.
    Many municipalities already provide public notification to affected 
citizens of CSO events and other public health issues, particularly in 
areas with heavy beach and shellfishing activity. Specific conditions 
regarding public notification under the CSO Policy will be contained in 
NPDES permits or other enforceable mechanisms issued to CSO 
municipalities.
    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 listed in 40 CFR Part 9 and 48 CFR Chapter 15.
    The EPA would like to solicit comments on its ICR amendment. 
Specifically, we would like comments to help us 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.
    Burden Statement: The existing ICR for the CSO Policy covers a 
total annual recordkeeping and reporting burden of 681,429 hours. This 
amendment adds 7,905 hours, or a total of approximately one percent, 
bringing the total burden to 704,354 hours. The cost burden reflected 
in this amendment is $399,690. The changes in this amendment are 
necessary in order to reflect the third-party notification provisions 
in the CSO Control Policy, as required in the 1995 reauthorization of 
the Paperwork Reduction Act.
    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.
    Interested parties may obtain a copy of the draft supporting 
statement, including the burden analysis, from Timothy Dwyer, EPA 
Office of Wastewater Management, at (202) 260-6064.

    Dated: December 1, 1995.
Michael B. Cook,
Director, Office of Wastewater Management.
[FR Doc. 96-1911 Filed 1-30-96; 8:45 am]
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