[Federal Register Volume 61, Number 161 (Monday, August 19, 1996)]
[Notices]
[Pages 42884-42885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21080]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5555-3]


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; CWA Section 404 State Assumed Programs

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) abstracted below has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. The ICR describes the nature 
of the information collection and its expected burden and cost; where 
appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before September 18, 1996.

FOR FURTHER INFORMATION OR A COPY CALL: Sandy Farmer at EPA, (202) 260-
2740, and refer to EPA ICR No. 0220.07.

SUPPLEMENTARY INFORMATION:

    Title: Clean Water Act (CWA) Section 404 State Assumed Programs 
(OMB Control No. 2040-0168; EPA ICR No. 0220.07) expiring 10/31/96. 
This is a request for extension of a currently approved information 
collection. This renewal incorporates the burden for Tribal Assumption 
of the Section 404 Permit Program, separately approved under OMB 
Control No. 2040-0140 through 04/30/98.
    Abstract: Section 404(g) of the Clean Water Act (CWA) authorizes 
states/tribes to assume the Section 404 permit program. States/tribes 
must demonstrate that they meet the applicable 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 program 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 either to 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, Fish and Wildlife 
Service, and National Marine Fisheries Service) and to the general 
public for review and comment.
    States/tribes must have the ability 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 and/or minimize anticipated impacts. 
EPA's state program regulations establish recommended elements that 
should be included in the State/tribe'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.
    EPA is responsible for oversight of assumed State/tribal programs 
to ensure that the assumed programs are in compliance with applicable 
requirements and that State/tribal permit decisions adequately consider 
and minimize anticipated impacts. States/tribes must evaluate their 
program annually and submit an annual report to EPA assessing their 
program. EPA's state program regulations establish minimum requirements 
for the State/tribal annual report.
    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 
Federal Register Notice required under 5 CFR 1320.8(d), soliciting 
comments on this collection of information was published on 04/04/96 
(61 FR 15068); no comments were received.
    Burden Estimates: The annual public reporting and recordkeeping 
burden for a State/Tribal assumption request is estimated to average 
520 hours per one-time response, with 2 States/tribes

[[Page 42885]]

applying per year, for an annual respondent burden of 1,040 hours.
    The annual public reporting and recordkeeping burden for State/
Tribal permit application information is estimated to average 5 hours 
per one-time response, with an estimated 4,000 permit applicants per 
year, for an annual respondent burden of 40,000 hours.
    The public reporting and recordkeeping burden for a State/Tribal 
annual report is estimated to average 80 hours per response for 2 
States/tribes per year, for an estimated total annual burden of 160 
hours.
    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 the burden estimates, or any other aspect 
of the information collection including suggestions for reducing the 
burden, to the following addresses. Please refer to EPA ICR No. 0220.07 
and OMB Control No. 2040-0168 in any correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, Regulatory 
Information Division (2137), 401 M Street, SW, Washington, DC 20460.
    and
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for EPA, 725 17th Street, NW, 
Washington, DC 20503.

    Dated: August 13, 1996.
David Schwarz,
Acting Director, Regulatory Information Division.
[FR Doc. 96-21080 Filed 8-16-96; 8:45 am]
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