[Federal Register Volume 67, Number 247 (Tuesday, December 24, 2002)]
[Notices]
[Pages 78446-78447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32388]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[OW-2002-0032; FRL-7427-5]


Agency Information Collection Activities: Submission of ICR No. 
0220.09 (OMB No. 2040-0168) to OMB for Review and Approval; Comment 
Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

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: Clean Water Act Section 404 
State-Assumed Programs (OMB Control No. 2040-0168, EPA ICR No. 
0220.09). The ICR, which is abstracted below, describes the nature of 
the information collection and its estimated burden and cost.

DATES: Comments must be submitted on or before January 23, 2003.

ADDRESSES: Follow the detailed instructions in the SUPPLEMENTARY 
INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Lori Williams, Office of Wetlands, 
Oceans and Watersheds, Wetlands Division (4502T), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: 202-566-1376; fax number: 202-566-1349; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On July 16, 2002, EPA sought comments on this ICR pursuant to 
5 CFR 1320.8(d). EPA received no comments.
    EPA has established a public docket for this ICR under Docket ID 
No. OW-2002-0032, which is available for public viewing at the Water 
Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Reading 
Room is (202) 566-1744, and the telephone number for the Water Docket 
is (202) 566-2426. An electronic version of the public docket is 
available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. 
Use EDOCKET to submit or view public comments, access the index listing 
of the contents of the public docket, and to access those documents in 
the public docket that are available electronically. Once in the 
system, select ``search,'' then key in the docket ID number identified 
above.
    Any comments related to this ICR should be submitted to EPA and OMB 
within 30 days of this notice, and according to the following detailed 
instructions:
    (1) Submit your comments to EPA online using EDOCKET (our preferred 
method), by e-mail to [email protected], or by mail to: EPA Docket 
Center, Environmental Protection Agency, Mailcode: 4101T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, and

[[Page 78447]]

    (2) Mail your comments to OMB at: Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB), Attention: 
Desk Officer for EPA, 725 17th Street, NW., Washington, DC 20503.
    EPA's policy is that public comments, whether submitted 
electronically or in paper, will be made available for public viewing 
in EDOCKET as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose public 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EDOCKET. The 
entire printed comment, including the copyrighted material, will be 
available in the public docket. Although identified as an item in the 
official docket, information claimed as CBI, or whose disclosure is 
otherwise restricted by statute, is not included in the official public 
docket, and will not be available for public viewing in EDOCKET. For 
further information about the electronic docket, see EPA's Federal 
Register notice describing the electronic docket at 67 FR 38102 (May 
31, 2002), or go to http://www.epa.gov/edocket.
    Title: Information Collection Request for Clean Water Act Section 
404 State-Assumed Programs (OMB Control No. 2040-0168, EPA ICR Number 
0220.09). This is a request to renew an existing approved collection 
that is scheduled to expire on January 31, 2003. Under the OMB 
regulations, the Agency may continue to conduct or sponsor the 
collection of information while this submission is pending at OMB.
    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, avoid, minimize and compensate for 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, avoid, 
minimize and compensate for 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, and are 
identified on the form and/or instrument, if applicable.
    Burden Statement: This collection of information is separated into 
three pieces. The annual public reporting and recordkeeping burden for 
this collection of information is estimated to average 520 hours to 
request program assumption, 5 hours to complete a permit application, 
and 80 hours 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 
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/Tribes, permit applicants.
    Estimated Number of Respondents: 20,006.
    Frequency of Response: one time to request assumption; one time 
when requesting a permit; annually for the annual permit.
    Estimated Total Annual Hour Burden: 101,360.
    Estimated Total Annual Cost: $37,200 includes $0 annualized capital 
or O&M costs.
    Changes in the Estimates: There is a change of an additional 693 
hours from the currently approved hours in the OMB Inventory of 
Approved ICR Burdens; this is a math correction/adjustment.

    Dated: December 17, 2002.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 02-32388 Filed 12-23-02; 8:45 am]
BILLING CODE 6560-50-P