[Federal Register Volume 67, Number 136 (Tuesday, July 16, 2002)]
[Notices]
[Pages 46662-46663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17868]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7246-4]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Information Collection Request for National Pollutant 
Discharge Elimination System (NPDES) Storm Water Program Phase II

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): NPDES Storm Water Program Phase II; EPA 
ICR No. 1820.03; OMB Control Number 2040-0211, currently expiring on 
October 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 September 16, 2002.

ADDRESSES: Please send comments on the proposed ICR to Jack Faulk, 
USEPA, Office of Wastewater Management, Water Permits Division, 1200 
Pennsylvania Avenue, NW., EPA East, Room 7329E, Mail Code 4203M, 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Please direct questions or a request 
for a copy of the ICR to: Jack Faulk, Industrial Branch, Water Permits 
Division, Office of Wastewater Management; tel.: (202) 564-0768, fax: 
(202) 564-6431; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
those which are addressed by the NPDES Storm Water Program Phase II 
rule, promulgated on December 8, 1999. This includes regulated small 
municipal separate storm sewer systems (MS4s), small construction sites 
(1-5 acres in size), and industrial activities eligible for a ``No 
Exposure Waiver.'' For purposes of the Phase II Rule, regulated small 
MS4s are defined as those entities that are not already regulated as a 
medium or large MS4 and that are located in ``urbanized areas'' (UAs) 
as defined by the Bureau of the Census, and those small MS4s located 
outside of a UA that are designated by NPDES permitting authorities. 
This ICR also includes information collection requirements applicable 
to states that are authorized to administer the NPDES Permitting 
Program in their respective states.
    Title: Information Collection Request for NPDES Storm Water Program 
Phase II; (OMB Control No. 2040-0211; EPA ICR No. 1820.03) expiring 10/
31/02.
    Abstract: This Information Collection Request (ICR) addresses Phase 
II of the NPDES storm water program. Under the Phase II rule, EPA 
regulates storm water discharges from construction sites with 
activities disturbing equal to or greater than one acre and less than 
five acres of land, and small MS4s located in Bureau of the Census-
designated ``urbanized areas.'' Additional construction sites and small 
MS4s may be designated by the NPDES permitting authority. NPDES permits 
provide the mechanism for establishing appropriate controls on these 
Phase II sources. The Phase II rule also includes a provision that 
allows industrial facilities regulated under Phase I of the NPDES storm 
water program to obtain an exclusion from NPDES permitting requirements 
if they can certify to a condition of ``no exposure'' on their site.
    Permits were not required for small construction sites and 
regulated small

[[Page 46663]]

MS4s during the first three years of the program. The data collection 
effort during this first three-year period was limited to the submittal 
and review of no exposure certifications and some preliminary Agency 
work in developing specific program elements. A significant increase in 
burden for this ICR is the product of that fact.
    After general permits for small MS4s and small construction sites 
are issued in December of 2002, NPDES permitting authorities, including 
the Water Permits Division of the EPA Office of Wastewater Management, 
intend to use the data contained in storm water permit applications, 
construction waiver certifications, storm water pollution prevention 
plans (SWPPPs), no exposure certifications, and reports to set 
appropriate permit conditions, track discharges covered by storm water 
permits, and assess permit compliance. Other organizations, including 
EPA's Office of Enforcement and Compliance (OECA) and environmental 
groups, will most likely use the same collected information to assess 
the regulated community's level of compliance and to measure the 
overall effectiveness of the NPDES storm water program.
    It is expected that respondents will submit information in hard 
copy form. The information from them will be entered into a computer 
database and the original document will be filed. The information will 
be submitted by the respondents directly to each NPDES-authorized State 
or Territory, or to EPA in areas where EPA is the NPDES permitting 
authority. Plans are underway to allow electronic submission of much of 
the required information but these options are not included in the ICR. 
At the time those options become available, EPA will update this 
information collection to reflect a revised burden estimate.
    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: EPA estimates that 327,119 NPDES entities 
(consisting of 5,102 small MS4s, 119,112 small construction permittees, 
21,020 small construction sites eligible for and receiving a waiver, 
and 181,885 industrial operators eligible for and receiving the no 
exposure waiver) will perform activities covered by this ICR. These 
entities are expected to provide 183,291 responses to State and Federal 
permit authorities annually. Additionally, 45 states/territories will 
perform information collection activities. Nationally, NPDES permittees 
will spend 3,661,312 hours per year on information collection 
activities as a result of the Storm Water Program Phase II rule 
(289,794 hours for regulated small MS4s, 21,020 hours for waived small 
construction sites, 3,323,215 hours for permitted small construction 
sites, and 27,283 hours for industrial no exposure facilities). The 45 
states/territories are expected to spend 211,885 hours per year on 
information collection activities as a result of the Storm Water 
Program Phase II rule (11,453 hours for regulated small MS4s, 17,847 
hours for waived small construction sites, 151,699 hours for permitted 
small construction sites, and 30,886 hours for industrial no exposure 
facilities). Capital and start-up costs associated with the Phase II 
rule are expected to be negligible. 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.

    Dated: June 27, 2002.
Jane S. Moore,
Acting Director, Office of Wastewater Management.
[FR Doc. 02-17868 Filed 7-15-02; 8:45 am]
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