[Federal Register Volume 71, Number 238 (Tuesday, December 12, 2006)]
[Notices]
[Pages 74523-74524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21115]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2006-0139; FRL-8254-3]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; National Pollutant Discharge 
Elimination System (NPDES) and Sewage Sludge Management State Program 
Requirements, EPA ICR Number 0168.09, OMB Control Number 2040-0057

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 an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on December 31, 
2006. Under OMB regulations, the Agency may continue to conduct or 
sponsor the collection of information while this submission is pending 
at OMB. This ICR describes the nature of the information collection and 
its estimated burden and cost.

DATES: Additional comments may be submitted on or before January 11, 
2007.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OW-2006-0139, to (1) EPA online using FDMS (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, and (2) 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.

FOR FURTHER INFORMATION CONTACT: Lynn Stabenfeldt, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: 202.564.0602; fax number: 202.501.2399; 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 March 7, 2006 (71 FR 11407-11411), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments on the 
draft ICR.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OW-2006-0139, which is available for public viewing at the 
Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 
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 the Federal Docket Management System (FDMS) at http://www.regulations.gov/. Use FDMS 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 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. EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing in FDMS 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 FDMS. 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 
FDMS.
    Title: National Pollutant Discharge Elimination System (NPDES) and 
Sewage Sludge Management State Program Requirements.
    ICR Numbers: EPA ICR No. 0168.09. OMB Control No. 2040-0057.
    ICR Status: This ICR is scheduled to expire on December 31, 2006. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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 title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    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. 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 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. There are three categories of reporting 
requirements that are covered by this ICR. The first category, ``State 
Program 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

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program, such as certification of EPA-issued permits by 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 a State's 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 State 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.
    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: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 52 
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 which have subsequently changed; 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, Territories, and American 
Indian Tribal Entities.
    Estimated Number of Respondents: 618.
    Frequency of Response: Semi-annually, quarterly, on occasion, every 
5 years, on-going.
    Estimated Total Annual Hour Burden: 1,013,802 hours.
    Estimated Total Annual Cost: $37,470,111, which includes $0 for 
capital or O&M.
    Changes in the Estimates: The estimated increase in burden is 
46,836 hours compared to the total estimated burden hours currently 
identified in the OMB Inventory of Approved ICR Burdens. This change is 
primarily the result of (1) EPA's continuous effort to improve the 
quality of data in its PCS database. This change may reflect more 
accurate data rather than a significant change in the number of permits 
actually administered. The total number of permits in PCS has 
decreased, but the number of major facilities has increased. (2) 
Changes and adjustments in the number and types of permits administered 
by the states and EPA under the NPDES program. Non-NPDES authorized 
states continue to apply for NPDES program and sludge program 
authorization, impacting recordkeeping and reporting, resulting in a 
shift of burden from Federal to State governments. (3) The shift toward 
the use of general permits to cover certain categories of dischargers, 
reducing the number of standard permits.

    Dated: December 4, 2006.
Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. E6-21115 Filed 12-11-06; 8:45 am]
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