[Federal Register Volume 67, Number 136 (Tuesday, July 16, 2002)]
[Notices]
[Pages 46661-46662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17867]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7246-5]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Clean Water Act 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 document announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Clean Water Act Section 404 State-
Assumed Programs; OMB No. 2040-0168; EPA No. 0220.08; expiration date 
January 31, 2003. 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 September 16, 2002.

ADDRESSES: Comments should be sent to Lori Williams, at US 
Environmental Protection Agency, Wetlands Division (4502T), 1200 
Pennsylvania Avenue NW, Washington, DC 20460 or 
[email protected]. Interested persons may obtain a copy of the 
ICR without charge by contacting the person identified above and 
referencing the EPA ICR Number, 0220.08, or by downloading a copy off 
the Internet at http://www.epa.gov/icr.

FOR FURTHER INFORMATION CONTACT: Lori Williams by phone at 202-566-
1376; by facsimile at 202-566-1375; or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
those State/Tribes requesting assumption of the Clean Water Act Section 
404 permit program; States/Tribes with approved assumed programs; and 
permit applicants in States or Tribes with assumed programs.
    Title: Section 404 State-Assumed Programs; OMB No. 2040-0168; EPA 
No. 0220.08; expiration date January 31, 2003.
    Abstract: Section 404(g) of the Clean Water Act authorizes States 
[and Tribes] to assume the Section 404 permit program. States/Tribes 
must demonstrate that they meet the 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 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 to either 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 be able 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 
assumption 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 programs to ensure that 
State/Tribal programs are in compliance with applicable requirements 
and that State/Tribal permit decisions adequately consider and minimize 
anticipated impacts. States/Tribes must evaluate their programs 
annually and submit the results in a report to EPA. EPA's assumption 
regulations establish minimum requirements for the 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 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;

[[Page 46662]]

    (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 
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: EPA's currently approved ICR includes 101,440 
hours. The State/Tribe's assumption request is a one-time request; a 
permit application is made each time someone desires to do work that 
involves the discharge of dredged or fill material into waters of the 
United States, including regulated wetlands; and a State/Tribe with an 
approved program must submit an annual report to EPA each year. This 
collection is split into three pieces:
    (i) We estimate that a State/Tribe will need 520 hours 
(approximately \1/4\ of a work year) to prepare the documentation for 
EPA to determine that a State/Tribe's assumption is complete. We 
estimate that $46,500 (starting point of a GS-11) is an average State/
Tribal employee salary. This results in a one-time cost of $11,625. We 
estimate that two States or Tribes may request program assumption over 
the next three years. This results in a total one-time burden of 1,040 
hours and a total cost of $23,250.
    (ii) We estimate that the average time needed to complete a permit 
application is five hours. The actual time to complete a permit 
application will vary greatly depending on the size and location of a 
planned project. Small projects will require less time; large, complex 
projects could require significantly more time. We estimate that the 
``average'' assumed program will process 5,000 permits a year. This 
results in a burden of 25,000 burden hours per year per assumed 
program. This figure will vary with the assumed program. It is likely 
that some State/Tribes will have significantly fewer permit 
applications requested each year; others may have more. It is 
impossible to estimate the cost of filing an ``average'' permit 
application. The application for small projects can be completed by the 
permit applicant with little cost incurred. The permit application for 
larger, complex projects may require hiring outside parties such as 
environmental and engineering firms, surveyors, and lawyers.
    (iii) We estimate that a State/Tribe will need 80 hours to collect 
and analyze the information and prepare the annual report. Using the 
$46,500 for an average State/Tribal employee salary results in an 
approximate cost of $1,800 to prepare the annual report.
    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 purpose 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.

    Dated: July 10, 2002.
Robert H. Wayland III,
Director, Office of Wetlands, Oceans and Watersheds.
[FR Doc. 02-17867 Filed 7-15-02; 8:45 am]
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