[Federal Register Volume 68, Number 7 (Friday, January 10, 2003)]
[Notices]
[Pages 1454-1458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-516]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7437-8]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; See List of ICRs Planned to be Submitted in Section A

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 three continuing Information Collection Requests (ICR) to the 
Office of Management and Budget (OMB): (1) National Pollutant Discharge 
Elimination System and Sewage Sludge Management State Program 
Requirements, EPA ICR No. 0168.07, OMB Control No. 2040-0057, expiring 
on April 30, 2003, (2) National Pollutant Discharge Elimination System 
Modification and Variance Requests, EPA ICR No. 0029.08, OMB Control 
No. 2040-0068, expiring on April 30, 2003, and (3) Applications for 
National Pollutant Discharge Elimination System Discharge Permits and 
the Sewage Sludge Management Permits, EPA ICR No. 0226.17, OMB Control 
No. 2040-0086, expiring on April 30, 2003. Before submitting the ICRs 
to OMB for review and approval, EPA is soliciting comments on specific 
aspects of the information collections as described at the beginning of 
the SUPPLEMENTARY INFORMATION.

DATES: Comments must be submitted on or before March 11, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Section I.B. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Please direct questions or requests 
for copies of these 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]. Or see 
Section I.C of the SUPPLEMENTARY INFORMATION.

SUPPLEMENTARY INFORMATION:

I. General Information for All ICRs

    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 displayed in 40 CFR part 9.
    The EPA would like to solicit comments to:
    (1) 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;
    (2) Evaluate the accuracy of the Agency's estimate of the burden of 
the proposed collection of information;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of automated collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    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.

[[Page 1455]]

A. How Can I Get Copies of the ICR Supporting Statement and Other 
Related Information?

    1. Docket. EPA has established an official public docket for these 
ICRs under: (1) Docket ID No. OW-2002-0063 for National Pollutant 
Discharge Elimination System and Sewage Sludge Management State Program 
Requirements, EPA ICR No. 0168.07, OMB Control No. 2040-0057; (2) 
Docket ID No. OW-2002-0064 for National Pollutant Discharge Elimination 
System Modification and Variance Requests, EPA ICR No. 0029.08, OMB 
Control No. 2040-0068; and (3) Docket ID No. OW-2002-0065 for 
Applications for National Pollutant Discharge Elimination System 
Discharge Permits and the Sewage Sludge Management Permits, EPA ICR No. 
0226.17, OMB Control No. 2040-0086.
    The official public docket consists of the documents specifically 
referenced in the ICRs, any public comments received, and other 
information related to these ICRs. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Water Docket in the EPA 
Docket Center, (EPA/DC) EPA West, Room B135, 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 Public Reading Room is (202) 
566-1744, and the telephone number for the Water Docket is (202) 566-
2426.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    You may use EPA Dockets at http://www.epa.gov/edocket/ to submit or 
view public comments, access the index listing of the contents of the 
official 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 identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI, and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Section I.A. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
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 EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification number in the subject 
line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments in formulating a 
final decision. If you wish to submit CBI or information that is 
otherwise protected by statute, please contact the person listed in FOR 
FURTHER INFORMATION CONTACT. Do not use EPA Dockets or e-mail to submit 
CBI or information protected by statute.
    1. Electronically. If you submit an electronic comment as described 
below, EPA recommends that you include your name, mailing address, and 
an e-mail address or other contact information in the body of your 
comment. Also include this contact information on the outside of any 
disk or CD ROM you submit, and in any cover letter accompanying the 
disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in the appropriate 
Docket ID No. (i.e., OW-2002-0063, OW-2002-0064, or OW-2002-0065). The 
system is an ``anonymous access'' system, which means EPA will not know 
your identity, e-mail address, or other contact information unless you 
provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to: 
[email protected], Attention Docket ID No. (please use appropriate 
Docket ID number, either) OW-2002-0063, OW-2002-0064, or OW-2002-0065. 
In contrast to EPA's electronic public docket, EPA's e-mail system is 
not an ``anonymous access'' system. If you send an e-mail comment 
directly to the Docket without going through EPA's

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electronic public docket, EPA's e-mail system automatically captures 
your e-mail address. E-mail addresses that are automatically captured 
by EPA's e-mail system are included as part of the comment that is 
placed in the official public docket, and made available in EPA's 
electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section I.B.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send four of copies of your comments to: Water Docket, 
Environmental Protection Agency, Mail code: 4101T, 1200 
Pennsylvania Ave., NW, Washington, DC, 20460, Attention Docket ID No. 
(please use appropriate Docket ID number, either) OW-2002-0063, OW-
2002-0064, or OW-2002-0065.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center, EPA West, Room B102, 1301 Constitution Avenue, NW, 
Washington, DC, Attention Docket ID No. (please use appropriate Docket 
ID number, either) OW-2002-0063, OW-2002-0064, or OW-2002-0065. Such 
deliveries are only accepted during the Docket's normal hours of 
operation as identified in Section I.A.1.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

D. What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    1. Evaluate whether the proposed collections of information are 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burdens 
of the proposed collections of information.
    3. Enhance the quality, utility, and clarity of the information to 
be collected.
    4. Minimize the burden of the collections of information on those 
who are to respond, including through the use of appropriate automated 
or electronic collection technologies or other forms of information 
technology, e.g., permitting electronic submission of responses.

II. List of ICRs Planned To Be Submitted

    In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.), this notice announces that EPA is planning to submit the 
following three continuing Information Collection Requests (ICR) to the 
Office of Management and Budget (OMB):
    (1) National Pollutant Discharge Elimination System and Sewage 
Sludge Management State Program Requirements, EPA ICR No. 0168.07, OMB 
Control No. 2040-0057, expiring on April 30, 2003.
    (2) National Pollutant Discharge Elimination System Modification 
and Variance Requests, EPA ICR No. 0029.08, OMB Control No. 2040-0068, 
expiring on April 30, 2003.
    (3) Applications for National Pollutant Discharge Elimination 
System Discharge Permits and the Sewage Sludge Management Permits, EPA 
ICR No. 0226.17, OMB Control No. 2040-0086, expiring on April 30, 2003.

A. Contact Individual for ICRs

    For all three ICRs, please contact: Jack Faulk, Industrial Branch, 
Water Permits Division, Office of Wastewater Management; tel.: (202) 
564-0768, fax: (202) 564-6431; or e-mail: [email protected].

B. Individual ICRs

    (1) National Pollutant Discharge Elimination System and Sewage 
Sludge Management State Program Requirements, EPA ICR No. 0168.07, OMB 
Control No. 2040-0057, expiring on April 30, 2003.
    Affected Entities: Entities potentially affected by this action are 
those State and Tribal governments and governments of U.S. Territories 
that are authorized by EPA to administer the National Pollutant 
Discharge Elimination System (NPDES) Permitting Program.
    Abstract: Under the NPDES program, States, Federally Recognized 
Indian Tribes, and U.S. Territories, hereafter referred to as States, 
may acquire the authority to issue permits. States that administer 
NPDES programs are also required to obtain pretreatment authority 
(authority to require publicly owned treatment works (POTWs) to 
establish pretreatment programs and to require that indirect 
dischargers meet pretreatment standards) and authority to issue permits 
to federal facilities. These governments have the option of acquiring 
authority to issue general permits (permits that cover a category or 
categories of similar discharges). States with existing NPDES programs 
must submit requests for program modifications to add pretreatment, 
Federal facilities, or general permit authority. In addition, as 
federal statutes and regulations are modified, States must submit 
program modifications to ensure that their program continues to meet 
Federal requirements.
    States have the option of obtaining a sludge management program. 
This program may be a component of a State NPDES Program, or it may be 
administered as a separate program. To obtain a NPDES or sludge 
program, a State must submit an application that includes a program 
description, an Attorney General's Statement, draft Memorandum of 
Agreement (MOA) with the EPA Region, and copies of the State's statutes 
and regulations.
    Once a State obtains authority for an NPDES or sludge program, it 
becomes responsible for implementing the program in that jurisdiction. 
The State must retain records on the permittees and perform 
inspections. In addition, when a State obtains NPDES or sludge 
authority, EPA must oversee the program. Thus, States must submit 
permit information and compliance reports to the EPA.
    When EPA issues a permit in an unauthorized State, that State must 
certify that the permit requirements comply with State water laws. 
According to the Clean Water Act (CWA) (section 510), States may adopt 
discharge requirements that are equal to or more stringent than 
requirements in the CWA or Federal regulations.
    The purpose of this ICR is to revise and extend the current 
recordkeeping and reporting requirements associated with State NPDES 
and sludge programs. There are three categories of reporting 
requirements that are covered by this ICR. The first category, ``State 
Program

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Requests,'' includes the activities States must complete to request a 
new NPDES or sludge program, or to modify an existing program. The 
second category, ``State Program Implementation,'' includes the 
activities that approved States must complete to implement an existing 
program, and also certification requirements for non-NPDES States. The 
third category, ``State Program Oversight,'' includes activities 
required of NPDES States so that EPA may satisfy its statutory 
requirements for state program oversight. The information collected by 
EPA is used to evaluate the adequacy of States' NPDES or sludge program 
and to provide EPA with the information necessary to fulfill its 
statutory oversight functions over State program performance and 
individual permit actions. EPA will use this information to evaluate 
States' requests for full or partial program approval and program 
modifications. In order to evaluate the adequacy of a State's proposed 
program, appropriate information must be provided to ensure that proper 
procedures, regulations, and statutes are in place and consistent with 
the CWA requirements.
    Burden Statement: The public reporting and burden for collecting 
information is estimated to average 966,966 hours annually. EPA 
estimates an average of 19,226 responses each year.
    This estimate includes the time required to review the 
instructions, search existing data sources, gather and maintain all 
necessary data, and complete and review the information collected. The 
respondents are the 50 States, 7 U.S. Territories, and 567 Federally-
Recognized Indian Tribes (of which 45 States and 1 Territory are 
authorized to administer the NPDES Program); the burden per respondent 
is variable although the majority of the burden is on the 45 States and 
1 Territory that are authorized to administer the NPDES Program.
    (2) National Pollutant Discharge Elimination System Modification 
and Variance Requests, EPA ICR No. 0029.08, OMB Control No. 2040-0068, 
expiring on April 30, 2003.
    Affected Entities: Entities potentially affected by this action are 
NPDES permit applicants that request a variance from the conditions 
that would normally be imposed on the applicant's discharge or NPDES 
permittees that request a modification of the NPDES or sewage sludge 
management permit conditions.
    Abstract: This ICR calculates the burden and costs associated with 
modifications and variances made to NPDES permits and to the National 
Sewage Sludge Management Program permit requirements. The regulations 
specified at 40 CFR 122.62 and 122.63 specify information a facility 
must report in order for the U.S. Environmental Protection Agency (EPA) 
to determine whether a permit modification is warranted. A NPDES permit 
applicant may request a variance from the conditions that would 
normally be imposed on the applicant's discharge. An applicant must 
submit information so the permitting authority can assess whether the 
facility is eligible for a variance, and what deviation from Clean 
Water Act (CWA) provisions is necessary. In general, EPA and authorized 
States use the information to determine whether: (1) The conditions or 
requirements that would warrant a modification or variance exist, and 
(2) the progress toward achieving the goals of the Clean Water Act will 
continue if the modification or variance is granted. Other uses for the 
information provided include: Updating records on permitted facilities, 
supporting enforcement actions, and overall program management, 
including policy and budget development and responding to Congressional 
inquiries.
    Burden Statement: EPA estimates that a total of 13,091 NPDES 
permittees will submit Modification and Variance Requests each year. 
Nationally, NPDES permittees will spend 57,051 hours collecting 
information for and preparing these requests. Each permittee submitting 
a request will spend an average of 4.36 hours preparing a request 
(57,051 burden hours divided by 13,091 permittees). However, there is a 
wide range in the actual time spent on the preparation of modification 
and variance requests.
    State government burden is also a respondent burden for this ICR. 
Total State government burden hours for the 45 States and 1 Territory 
authorized to administer the NPDES Program are estimated to be 246,946 
for reviewing and approving these modification and variance requests.
    The total respondent burden hours are 303,997 for 13,137 
respondents.
    (3) Applications for National Pollutant Discharge Elimination 
System Discharge Permits and the Sewage Sludge Management Permits, EPA 
ICR No. 0226.17, OMB Control No. 2040-0086, expiring on April 30, 2003.
    Affected entities: Publicly owned treatment works (POTWs), 
privately owned treatment works, new and existing manufacturing and 
commercial dischargers, storm water dischargers, treatment works 
treating domestic sewage (TWTDS), and other entities that apply for 
NPDES permits.
    Abstract: This ICR calculates the burden and costs associated with 
permit applications for NPDES discharges and sewage sludge management 
activities. EPA uses the data contained in applications and 
supplemental information requests to set appropriate permit conditions, 
issue permits, and assess permit compliance. EPA maintains certain 
national application information in databases, that assists permit 
writers in determining permit conditions. For most permits, EPA has 
developed standard application forms. In some cases, such as requests 
for additional information and storm water applications from municipal 
separate sewer systems, standard forms do not exist because standard 
forms are not appropriate for the information collected or because they 
have not been developed. Application forms correspond to the different 
types of applicants, each form requesting information necessary for 
issuing permits to the associated applicants. Applicants include POTWs, 
privately owned treatment works, new and existing manufacturing and 
commercial dischargers, storm water dischargers, TWTDS, and others. 
Depending on the application form they are using, applicants may be 
required to supply information about their facilities, discharges, 
treatment systems, sewage sludge use and disposal practices, pollutant 
sampling data, or other relevant information. Section 308 of the Clean 
Water Act authorized EPA to request from dischargers any information 
that may be reasonably required to carry out the objectives and 
provisions of the Act. Under this authority, EPA sometimes requests 
information supplemental to that contained in permit applications. In 
its burden and cost calculations, this ICR includes requests for 
information supplemental to permit applications. Other parts of the 
Clean Water Act and federal regulations authorize EPA to collect 
information that supplements permit applications, such as section 
403(c). This ICR calculates the burden and costs for all information 
collection activities associated with applications for permits. 
Application information is necessary to obtain an NPDES or sewage 
sludge permit.
    Burden Statement: The total respondent burden nation-wide for the 
Applications for National Pollutant Discharge Elimination System 
Discharge Permits and the Sewage Sludge Management Permits is 1,306,704 
burden hours for 291,898 permittee respondents per year. Additionally, 
the 45 State and 1 Territory respondents

[[Page 1458]]

authorized to administer the NPDES Program incur a burden of 92,033 
hours annually.

    Dated: January 6, 2003.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 03-516 Filed 1-9-03; 8:45 am]
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