[Federal Register Volume 72, Number 146 (Tuesday, July 31, 2007)]
[Notices]
[Pages 41749-41751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14770]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2007-0026, FRL-8447-9]


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)); EPA ICR No. 1560.08, 
OMB Control No. 2040-0071

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 a 
request to renew an existing approved Information Collection Request 
(ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on September 30, 2007. 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 1, 2007.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OW-2007-0026, by one of the following methods:
     http://www.regulations.gov (our preferred method): Follow 
the on-line instructions for submitting comments.
     E-mail: [email protected].
     Mail: EPA Water Docket, Environmental Protection Agency, 
Mailcode (2822T) 1200 Pennsylvania Ave, NW., Washington, DC 20460.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2007-
0026. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at: 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identify or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to EPA without going through 
www.regulations.gov your e-mail address will be automatically

[[Page 41750]]

captures and included as part of the comment that is placed in the 
public docket and made available on the Internet. If you submit an 
electronic comment, EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. 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. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses. For additional information about EPA's public docket, visit 
the EPA Docket Center homepage at: http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Alice Mayio, Assessment and Watershed 
Protection Division, Office of Water, Mail Code: 4503T, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: 202-566-1184; fax number: 202-566-1437; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION: 

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
number EPA-HQ-OW-2007-0026, which is available for online viewing at: 
http://www.regulations.gov or in-person 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.
    Use http://www.regulations.gov 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 in this document.

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:
    (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.

What Should I Consider When 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 and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
to support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line of the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    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)).
    ICR numbers: EPA ICR Number 1560.08 (OMB Control Number 2040-0071).
    ICR status: This ICR is currently scheduled to expire on September 
30, 2007. 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: 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. 
Section 106(e) requires that states annually update monitoring data and 
include it in their section 305(b) report. Section 314(a) requires 
states to report on the condition of their publicly-owned lakes within 
the section 305(b) report.
    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). Some Tribes also choose to participate 
in 305(b) reporting.
    This announcement includes the reapproval of current, ongoing 
activities related to 305(b) and 303(d) reporting and TMDL development 
for the period of October 1, 2007 through September 30, 2010. During 
the period covered by this ICR renewal, respondents will: Complete 
their 2008 305(b) reports and 2008 303(d) lists; complete their 2010 
305(b) reports and 2010 303(d) lists; transmit annual electronic 
updates of their 305(b) databases in 2008 through 2010; and continue to 
develop TMDLs according to their established schedules. EPA will 
prepare biennial Reports to Congress for the 2008 reporting cycle

[[Page 41751]]

and for the 2010 cycle, 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. Tribal 305(b) reporting is not included in the 
current 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 burdens 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 monitoring and 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.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is expected to average 
3,740,017 hours. 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated Total Number of Potential Respondents: 59.
    Frequency of Response: Biannually.
    Estimated Total Average Number of Responses for Each Respondent: 
29.5.
    Estimated Total Annual Burden Hours: 3,740,017.
    Estimated Total Annual Costs: $155,322,906. These costs are 
entirely attributed to labor, with $0 attributable to capital 
investment or maintenance and operational costs.

Are There Changes in the Estimates From the Last Approval?

    There is no change in the total estimated respondent burden 
estimates identified in the ICR currently approved by OMB. EPA will be 
revising these burden estimates before submitting this ICR to OMB based 
on developments in the program over the last three years and comments 
received from the public. We expect that the currently-approved burden 
may be affected by increased reliance on electronic reporting 
(including submittal, review and approval of electronic water quality 
information by EPA and the states) and increased Tribal water quality 
reporting.

What Is the Next Step in the Process for This ICR?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: July 24, 2007.
Craig E. Hooks,
Director, Office of Wetlands, Oceans, and Watersheds.
 [FR Doc. E7-14770 Filed 7-30-07; 8:45 am]
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