[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Notices]
[Pages 66628-66629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27837]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7403-1]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; 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 the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: NPDES Storm Water Program 
Phase II, OMB Control Number 2040-0211, expiration date October 31, 
2002. 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 December 2, 2002.

ADDRESSES: Send comments, referencing EPA ICR No. 1820.03 and OMB 
Control No. 2040-0211, to the following addresses: Susan Auby, U.S. 
Environmental Protection Agency, Collection Strategies Division (Mail 
Code 2822T), 1200 Pennsylvania Avenue, NW, Washington, DC 20460-0001; 
and to Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th 
Street, NW, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: For a copy of the ICR contact Susan 
Auby at EPA by phone at (202) 566-1672, by E-Mail at [email protected] 
or download off the Internet at http://www.epa.gov/icr and refer to EPA 
ICR No. 1820.03. For technical questions about the ICR contact Jack 
Faulk at (202) 564-0768 or via E-Mail at [email protected].

SUPPLEMENTARY INFORMATION:
    Title: NPDES Storm Water Program Phase II, OMB Control Number 2040-
0211, EPA ICR Number 1820.03, expiration date October 31, 2002. This is 
a request for extension of a currently approved collection.
    Abstract: This 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 municipal 
separate storm sewer systems (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 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

[[Page 66629]]

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 
Assurance 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 
Federal Register document required under 5 CFR 1320.8(d), soliciting 
comments on this collection of information was published on July 16, 
2002; no comments were received.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 21 
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: NPDES permittees, including 
operators of small municipal separate storm sewer systems, small 
construction activity, and industrial facilities identified in 40 CFR 
122.26(b)(14)(i)-(ix) and (xi) that qualify for a no exposure 
exemption.
    Estimated Number of Respondents: 327,163.
    Frequency of Response: Varies.
    Estimated Total Annual Hour Burden: 3,873,197.
    Estimated Total Annualized Capital, O&M Cost Burden: $0.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the addresses listed above. Please 
refer to EPA ICR No. 1820.03 and OMB Control No. 2040-0211 in any 
correspondence.

    Dated: October 22, 2002.
Doreen Sterling,
Acting Director, Collection Strategies Division.
[FR Doc. 02-27837 Filed 10-31-02; 8:45 am]
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