[Federal Register Volume 68, Number 98 (Wednesday, May 21, 2003)]
[Notices]
[Pages 27793-27796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12759]


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ENVIRONMENTAL PROTECTION AGENCY

[OW-2003-0026, FRL-7501-4]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; National Water Quality Inventory Reports (Clean Water 
Act Sections 305(b), 303(d), 314(a), and 106(e))

AGENCY: Environmental Protection Agency

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): National Water Quality Inventory 
Reports (Clean Water Act Sections 305(b), 303(d), 314(a), and 106(e)); 
EPA ICR Number 1560.07, OMB Control Number 2040-0071, expiring on July 
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 July 21, 2003.

ADDRESSES: Follow the detailed instructions in SUPPLEMENTARY 
INFORMATION.

FOR FURTHER INFORMATION CONTACT: John Wilson, Assessment and Watershed 
Protection Division, Office of Water, Mail Code: 4503T, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: 202-566-2385; fax number: 202-566-1331; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OW-2003-0026, 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 obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the public

[[Page 27794]]

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 60 days of this notice, and according to the following detailed 
instructions: 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, Water Docket, Mail Code 
4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    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.
    Affected entities: Entities potentially affected by this action are 
States, Territories and Tribes with Clean Water Act (CWA) 
responsibilities.
    Title: National Water Quality Inventory Reports (Clean Water Act 
Sections 305(b), 303(d), 314(a), and 106(e)). (OMB Control Number 2040-
0071; EPA ICR Number 1560.07 expiring 07/31/2003.
    Abstract: Section 303(d) of the Clean Water Act requires States to 
identify and rank waters which cannot meet water quality standards 
(WQS) following the implementation of technology-based controls. Under 
section 303(d), States are also required to establish total maximum 
daily loads (TMDLs) for listed waters not meeting standards as a result 
of pollutant discharges. In developing the section 303(d) lists, States 
are required to consider various sources of water quality related data 
and information, including the section 305(b) State water quality 
reports. The section 305(b) reports contain information on the extent 
of water quality degradation, the pollutants and sources affecting 
water quality, and State progress in controlling water pollution.
    EPA's Assessment and Watershed Protection Division (AWPD) works 
with its Regional counterparts to review and approve or disapprove 
State section 303(d) lists and TMDLs from 56 respondents (the 50 
States, the District of Columbia, and the five Territories). Section 
303(d) specifically requires States to develop lists and TMDLs ``from 
time to time'' and EPA to review and approve or disapprove the lists 
and the TMDLs. EPA also collects State 305(b) reports from 59 
respondents (the 50 States, the District of Columbia, five Territories, 
and 3 River Basin commissions).
    This announcement includes the reapproval of current, ongoing 
activities related to 305(b) and 303(d) reporting and TMDL development 
for the period of August 1, 2003 through July 31, 2006.During the 
period covered by this ICR renewal, respondents will: complete their 
2004 305(b) reports and 2004 303(d) lists; complete their 2006 305(b) 
reports and 2006 303(d) lists; transmit annual electronic updates of 
their 305(b) databases in 2003 through 2006; and continue to develop 
TMDLs according to their established schedules. EPA will prepare two 
biennial Reports to Congress: one in 2003 and one in 2005, and EPA will 
review TMDL submissions from respondents.
    The respondent community for 305(b) reporting consists of 50 
States, the District of Columbia, 5 Territories (Puerto Rico, the 
Virgin Islands, Guam, American Samoa, and the Northern Mariana 
Islands), and 3 River Basin Commissions. The Ohio River Valley 
Sanitation Commission, the Delaware River Basin Commission, and the 
Interstate Sanitation Commission have jurisdiction over basins that lie 
in multiple States. Indian Tribes are exempt from the 305(b) reporting 
requirement, but some Tribes choose to participate as a way of 
presenting assessments and water quality issues to the public and 
Congress. One Tribe or Tribal Group prepared 305(b) reports in 1996 and 
1997. However, since Tribal 305(b) reporting is a voluntary effort, it 
is not included in the burden estimates for this ICR.
    The respondent community for 303(d) activities consists of 50 
States, the District of Columbia, and 5 Territories (Puerto Rico, the 
Virgin Islands, Guam, American Samoa, and the Northern Mariana 
Islands). Although Indian Tribes are not exempt from 303(d) 
requirements, there is not a process currently in place to designate 
them for this purpose. Further, very few Tribes have established water 
quality standards, and EPA is currently in the process of preparing 
standards where they are needed. Therefore, we assume that there would 
be no burden to Indian Tribes over the period covered by this ICR for 
303(d) activities.
    The burden of specific activities that States undertake as part of 
their 305(b) and 303(d) programs are derived from an ongoing project 
among EPA, States and other interested stakeholders to develop a tool 
for estimating the States' resource needs for State water quality 
management programs. This project has developed the State Water Quality 
Management Workload Model (SWQMWM), which estimates and sums the 
workload involved in more than one hundred activities or tasks 
comprising a State water quality management program. Over twenty States 
have contributed information about their activities that became the 
basis for the model. According to the SWQMWM, the States will carry out 
the following activities or tasks to meet the 305(b) and 303(d) 
reporting requirements: watershed characterization; modeling and 
analysis; development of a TMDL document for public review; public 
outreach; formal public participation; tracking; planning; legal 
support; etc. In general, respondents have conducted each of these 
reporting and record keeping activities for past 305(b) and 303(d) 
reporting cycles and thus have staff and procedures in place to 
continue their 305(b) and 303(d) reporting programs. The burden 
associated with these tasks is estimated in this ICR to include the 
total number of TMDLs that may be submitted during the period covered 
by this ICR.
    The biennial frequency of the collection is mandated by section 
305(b)(1) of the CWA. Section 305(b) originally required respondents to 
submit water quality reports on an annual basis. In 1977, the annual 
requirement was amended to a biennial requirement in the CWA. EPA has 
determined that abbreviated reporting for hard-copy 305(b) reports, 
combined with annual electronic reporting using respondent databases, 
will meet the CWA reporting requirements while reducing burden to 
respondents. The biennial period with annual electronic reporting 
ensures that information needed for analysis and water program 
decisions is reasonably current, yet abbreviated reporting requirements 
provides respondents with sufficient time to prepare the reports.

[[Page 27795]]

    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: 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.
    For current 305(b) and 303(d) reporting activities, the primary 
source we use in estimating burden for tasks to be performed by States 
is the State Water Quality Management Workload Model (SWQMWM), which 
estimates and sums the workload involved in more than one hundred 
activities or tasks comprising a State water quality management 
program.
    The average annual burden per respondent for current 305(b) (59 
respondents) and 303(d)(56 respondents) reporting activities is 6,491 
hours and the total annual burden to all respondents is 372,403 hours. 
The table below displays a summary of the burden estimates.

   Average of Annual Burden for 305(b) and 303(d) Reporting Activities
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                                             Number of     Total annual
                Activity                    respondents       burden
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1. Review regs and guidance for 305(b) &              59           7,434
 303(d).................................
2. Plan and coordinate data acquisition               59          65,490
 and compile and screen data for
 assessments............................
3. Development and submission of                      59          83,013
 complete 305(b) report and response to
 EPA comments...........................
4. Develop, review and update 303(d)                  56          46,536
 listing and de-listing methodology.....
5. Prepare 303(d) list (includes                      56         123,648
 identifying waters, setting priorities,
 and schedules).........................
6. Required public outreach for 303(d)                56          14,840
 list...................................
7. Submission of 303(d) list to EPA and               56          12,208
 response to EPA comments...............
8. Prepare annual electronic updates....              59          19,234
9. Implement enhanced benefit cost of                 59          40,710
 WQS....................................
                                         -----------------
      Total.............................  ..............         413,113
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    The additional burden for States to assess the costs and benefits 
of achieving water quality standards depends on the level of detail and 
sophistication that the States choose to provide as well as factors 
such as the number of impaired waters in the State, the State's 
diversity of water resources, and the intensity of use of those 
resources. The estimate of the burden associated with the enhanced 
benefit cost analysis, resulting in an average increase in State burden 
of 690 hours annually.
    We use a separate analysis to estimate the burden associated with 
current TMDL development. Based on estimates of the number of TMDLs per 
year (4,000), the total average current burden associated with 
developing TMDLs under the current 303(d) program is estimated to be 
59,409 hours per respondent, and the total annual burden for all 56 
respondents is estimated to be 3,326,904 hours.
    To estimate respondent costs, we applied an average fully loaded 
cost per hour to the burden estimates. This fully loaded hourly labor 
rate represents the total cost for obtaining an hour's worth of work, 
and includes: direct salary paid, paid or accrued vacation, paid or 
accrued sick leave, cost of other fringe benefits (e.g., health, 
pension, etc.), general training, indirect expenses such as 
professional support (e.g., clerical, accounting, supervisory, etc.), 
office space, utilities, telephone service, equipment (e.g., fax 
machines, basic computing needs such as hardware and software, etc.), 
etc. The average annual cost to each respondent for current 305(b) and 
303(d) reporting (including the enhanced benefit cost activities) is 
estimated to be $298,227. The total annual costs imposed on all 59 
respondents is estimated to be $17,156,583. Average annual respondent 
costs for current TMDL development is estimated at $2,467,256 per 
respondent and $138,166,323 for all 56 respondents.
    Agency burden estimates are based on EPA's prior experience in 
developing 305(b) and 303(d) guidance, preparing the Report to 
Congress, providing technical support to respondents, and reviewing and 
approving/disapproving 303(d) lists and TMDL submissions. The hourly 
cost estimates were calculated for a technical federal position, Grade 
10 Step 7 effective as of January 2003 ($22.49 per hour). The total 
costs are based upon an overhead rate of 110 percent. The average 
annual Agency burden for 305(b) and 303(d) reporting activities is 
estimated at 9,089 hours at a cost of $456,774. The cost of the 
Agency's additional burden to develop new guidance required by States 
to improve their estimates of the benefits and costs of achieving WQS 
is estimated at approximately $300,000 which would be incurred during 
2004 and 2005. Over the 3-year period of this ICR, the annual cost 
would be $100,000 which translates into a burden of 2,117 hours 
annually. The annual average Agency burden and costs for TMDL review is 
11,200 hours and $528,976.

Respondent Total

    Annual Burden: 3,740,017 hours per year.

[[Page 27796]]

    Annual Costs: $155,322,906 per year.

Agency Total

    Annual Burden: 22,406 hours per year.
    Annual Costs: $1,085,750 per year.

    Dated: May 15, 2003.
Diane C. Regas,
Director, Office of Wetlands, Oceans and Watersheds.
[FR Doc. 03-12759 Filed 5-20-03; 8:45 am]
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