[Federal Register Volume 69, Number 155 (Thursday, August 12, 2004)]
[Notices]
[Pages 49895-49896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18460]


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ENVIRONMENTAL PROTECTION AGENCY

[OW-2004-0017, FRL-7800-6]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Combined Sewer Overflow Control Policy, EPA ICR Number 
1680.03, OMB Control Number 2040-0170

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 a 
continuing Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on October 31, 
2004. 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 October 12, 2004.

ADDRESSES: Submit your comments, referencing docket ID number OW-2004-
0017 to EPA online using EDOCKET (our preferred method), by email 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.

FOR FURTHER INFORMATION CONTACT: Timothy J. Dwyer, Environmental 
Protection Agency, Water Permits Division (4203M), 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: 202-564-0717; fax 
number: 202-564-6392; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OW-2004-0017, 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 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 within 
60 days of this notice. 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 
approximately 770 municipalities with combined sewer systems, which are 
covered by EPA's Combined Sewer Overflow (CSO) Control Policy.
    Title: Combined Sewer Overflow Control Policy (OMB Control No. 
2040-0170; EPA ICR No. 1680.03) expiring on October 31, 2004.
    Abstract: EPA is proposing to continue its ICR for the Combined 
Sewer Overflow (CSO) Control Policy. The ICR was approved in April 
1994. The first renewal was approved in September 1997; the second in 
October 2001. This renewal ICR includes the burden associated with 
documenting implementation of the nine minimum controls identified in 
the CSO control policy, public notification of CSO events and their 
impacts, developing and submitting long-term CSO control plans (LTCPs), 
and post-construction compliance monitoring.
    Combined sewer systems (CSSs) serve approximately 770 
municipalities, primarily in the Northeast and Great Lakes regions. 
This number is smaller than that in the former ICR largely

[[Page 49896]]

because the Agency has better data on the number of municipalities with 
combined sewer systems nationwide. CSOs occur when these systems 
overflow and discharge to receiving waters prior to treatment in a 
publicly owned treatment works (POTW).
    The CSO Control Policy, published on April 19, 1994 (59 FR 18688), 
is a national framework for controlling CSOs through the National 
Pollutant Discharge Elimination System (NPDES) permitting program. The 
Policy represents a comprehensive national strategy to ensure that 
municipalities with CSSs, NPDES permitting authorities, water quality 
standards authorities, and the public engage in a comprehensive and 
coordinated planning effort to achieve cost-effective CSO controls that 
ultimately need appropriate health and environmental objectives, 
including compliance with water quality standards. In December 2000, 
the Wet Weather Water Quality Standards Act amended the Clean Water Act 
by adding Section 402(q). Among other things, Section 402(q)(1) 
requires that permits, orders, and decrees issued after its date of 
enactment, shall conform to the EPA's 1994 CSO Control Policy.
    Among the provisions in the CSO Policy are the ``nine minimum 
controls'' (NMC), which are technology-based actions or measures 
designed to reduce the magnitude, frequency, and duration of CSOs and 
their effects on receiving water quality. The CSO Control Policy 
provided for implementation of the NMC by January 1, 1997.
    One of the NMC is public notification of CSO occurrences and 
impacts. Public notification is of particular concern at beach and 
recreation areas directly or indirectly affected by CSOs, where public 
exposure is likely to be significant. That burden continues to be 
included in this renewal.
    The CSO Control Policy also contains a provision for the 
development of long-term control plans. The policy delineates that 
permit writers require permittees to develop a long-term plan within 
two years of the issuance of a NPDES permit or other enforceable 
mechanism containing such a requirement. The core of the plan is the 
development and evaluation of long-term control alternatives. One of 
the elements of the long-term plan is the development of a post-
construction compliance monitoring program to be implemented when 
selected controls are completed. OMB's approval of the initial ICR for 
the CSO Control Policy recommended that the renewal ICRs include EPA's 
best estimate of the burden associated with a reasonable and targeted 
compliance monitoring program.
    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 in 40 CFR are listed in 40 CFR Part 9.
    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: Based on the information collection requirements 
in the existing ICR, the estimated burden reflected in this ICR is 
1,754,877 hours and a cost of $61,964,707.
    Of this total, the portion for municipalities with combined sewer 
systems is 1,699,696 hours at a cost of $60,016,265 including start-up 
costs of $182,125 for the third party notification under the Nine 
Minimum Controls (NMC) in the CSO Policy. The estimated burden on each 
of 585 municipalities for DMR reporting and recordkeeping is 417 hours 
and $14,724. The estimated burden on each of 490 municipalities for NMC 
reporting and long-term control plan development and submission is 
3,011 hours and $106,313 and for third-party notification, 27 hours and 
$940.
    The estimated burden for Federal and State governments is 4,894 
hours and $172,807 and 55,181 hours and $1,948,441, respectively. This 
includes the burden associated with reviewing the DMRs, the NMC 
documentations, and the long-term control plans submitted by the 
respondents, and reissuing NPDES permits or issuing other enforceable 
mechanisms to municipalities with CSSs to implement the CSO Control 
Policy. The annual average burden for Federal and State review of DMRs, 
NMC documentations, and long-term control plans is 1,325 hours and 
$46,774 and 15,807 hours and $532,722, respectively. The annual average 
burden associated with reissuing NPDES permits or issuing other 
enforceable mechanisms to CSO municipalities is 307 hours and $10,828 
for the Federal government and 3,307 hours and $116,758 for State 
governments.
    The estimated burden on the States to report summary information to 
EPA for oversight of the EPA's CSO Control Policy and for GPRA purposes 
is 1,200 hours and $42,351.
    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: August 5, 2004.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 04-18460 Filed 8-11-04; 8:45 am]
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