[Federal Register Volume 67, Number 24 (Tuesday, February 5, 2002)]
[Notices]
[Pages 5281-5282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2709]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7137-8]


Agency Information Collection Activities: Continuing Collection; 
Comment Request; Water Quality Standards

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 document announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Water Quality Standards Regulation, EPA 
ICR Number 0988.08, OMB Control Number 2040-0049. The current ICR 
expires July 31, 2002. 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 April 8, 2002.

ADDRESSES: United States Environmental Protection Agency; Standards and 
Health Protection Division (4305), 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. A hard copy of an ICR may be obtained without 
charge by calling the identified information contact individual for 
each ICR in the For Further Information Contact section. An ICR can 
also be accessed electronically at http://www.epa.gov/icr.

FOR FURTHER INFORMATION CONTACT: Robert Van Brunt, (202) 260-2630, fax 
(202) 260-9830, e-mail [email protected], and refer to ICR No. 
0988.08.

SUPPLEMENTARY INFORMATION: Affected entities: States, Territories and 
Commonwealths (the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands) and Tribes that establish and submit to 
EPA for review new or revised water quality standards pursuant to 
section 303 of the Clean Water Act (CWA).
    Title: Water Quality Standards, EPA ICR Number 0988.08, OMB Control 
Number 2040-0049. The current ICR expires July 31, 2002.
    Abstract: Water Quality Standards are provisions of State, Tribal, 
and Federal law which consist of designated uses for waters of the 
United States, numeric or narrative water quality criteria to protect 
the designated uses, and an antidegradation policy to protect existing 
uses and high quality waters. State and Tribal water quality standards 
are the foundation for restoring and maintaining the quality of the 
Nation's waters under the CWA. They are used in several ways including 
serving as water quality goals for each waterbody, evaluating water 
quality to determine attainment of CWA goals, helping Federal, State, 
Tribal, and local governments develop water quality management plans 
and objectives, and helping State and local governments plan for and 
protect water supplies.
    States are required by Federal law to establish water quality 
standards. CWA section 303(c) requires States and certain Indian Tribes 
(those Tribes that have received EPA authorization to administer the 
water quality standards program and have had their water quality 
standards approved by EPA) to review and, if appropriate, revise their 
water quality standards regulations once every three years and to 
submit to EPA the results of the review. EPA then reviews each State 
and Tribal submission of new or revised water quality standards for 
approval or disapproval.
    The Water Quality Standards (WQS) Regulation (40 CFR part 131) is 
the EPA regulation governing the implementation of the water quality 
standards program. The WQS Regulation describes requirements and 
procedures for the States and Tribes to develop, review, and revise 
their water quality standards and EPA procedures for reviewing new or 
revised water quality standards or for EPA to establish water quality 
standards under section 303(c)(4) of the CWA. The regulation requires, 
in some cases, the development and submission of information to EPA. 
The following paragraphs describe the information collection 
requirements in 40 CFR part 131.
    Section 131.6 establishes minimum requirements for a State or Tribe 
to submit any new or revised water quality standards to EPA after 
conducting the review required every three years by section 303(c) of 
the CWA. The information to be submitted consists of:
    (a) Use designations for water bodies consistent with sections 
101(a)(2) and 303(c)(2) of the CWA;
    (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 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 water quality standards and information on 
general policies that may affect the implementation of the standards.
    Section 131.8 specifies information that an Indian Tribe must 
submit to EPA in order to determine whether a Tribe is qualified to 
administer the Water Quality Standards Program. The application must 
include the following information: (a) Evidence that the Tribe is 
recognized by the Secretary of the

[[Page 5282]]

Interior; (b) a statement that the Tribe is currently carrying out 
substantial governmental duties and powers over a Federal Indian 
Reservation; (c) a statement of the Tribe's authority to regulate the 
quality of the reservation's waters; and (d) a narrative statement 
describing the capability of the Tribe to administer an effective water 
quality standards program.
    Section 131.7 describes a dispute resolution mechanism that will 
assist in resolving disputes that arise between States and Tribes over 
water quality standards on common waterbodies. Implementation of this 
provision includes collection of information by EPA to determine if 
initiation of a formal EPA dispute resolution action is justified. 
Although States and Tribes are not required to request formal EPA 
dispute resolution action, information collection is necessary where a 
State or Tribe formally requests EPA intervention.
    Additionally, Sec. 131.20 establishes public participation 
requirements during State and Tribal review and revision of water 
quality standards. States and Tribes shall hold public hearings at 
least once every three years for the purpose of reviewing water quality 
standards and, as appropriate, modifying and adopting standards. 
Proposed water quality standards revisions and supporting analyses 
shall be made available to the public before the hearing.
    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 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).
    Burden Statement: The existing estimated annual public reporting 
and recordkeeping burden for this collection of information is 
estimated to average 2,293 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; 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.
    Respondents/Affected Entities: States, Territories and 
Commonwealths, and Tribes.
    Estimated Number of Respondents: 83.
    Frequency of Response: Once every three years for water quality 
standards submittal to EPA; once per Tribal application for the water 
quality standards program; once per dispute resolution request.
    Estimated Total Annual Hour Burden: 190,336 hours.
    Estimated Total Annualized Cost Burden (O&M and capital/startup 
costs only): $0.
    Send comments regarding these matters, or any other aspect of the 
information collection, including suggestions for reducing the burden, 
to the address listed above.

    Dated: January 28, 2002.
Elizabeth Southerland,
Acting Director, Office of Science and Technology.
[FR Doc. 02-2709 Filed 2-4-02; 8:45 am]
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