[Federal Register Volume 72, Number 187 (Thursday, September 27, 2007)]
[Notices]
[Pages 54904-54907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19126]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2007-0142; FRL-8473-7]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; OMB Control Numbers 2040-0009, 
2040-0110 and 2040-0258

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that three Information 
Collection Requests (ICRs) have been forwarded to the Office of 
Management and Budget (OMB) for review and approval. This is a request 
to renew three existing approved collections. The ICRs, which are 
abstracted below, describe the nature of the information collection and 
their estimated burden and cost.

DATES: Additional comments may be submitted on or before October 29, 
2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2007-0142, to (1) EPA online using www.regulations.gov (our preferred 
method), by e-mail to [email protected], or by mail to: EPA

[[Page 54905]]

Docket Center, Environmental Protection Agency, Water Docket, Mailcode: 
2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB 
by mail to: 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: Amelia Letnes, State and Regional 
Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 564-5627; fax number: (202) 564-9544; e-mail 
address: [email protected].

SUPPLEMENTARY INFORMATION:

For All ICRs

    EPA has submitted the ICRs listed under Section A to OMB for review 
and approval according to the procedures prescribed in 5 CFR 1320.12. 
On June 27, 2007 (72 FR 35227), EPA sought comments on these ICRs 
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional 
comments on these ICRs should be submitted to EPA and OMB within 30 
days of this notice.
    EPA has established a public docket for these ICRs under Docket ID 
No. EPA-HQ-OW-2007-0142, which is available for online viewing at 
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/DC 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 EPA's electronic docket and comment system at 
www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at www.regulations.gov as EPA receives 
them and without change, unless the comment contains copyrighted 
material, Confidential Business Information (CBI), or other information 
whose public disclosure is restricted by statute. For further 
information about the electronic docket, go to www.regulations.gov.
    These ICRs are scheduled to expire on September 30, 2007. 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.

A. List of ICRs Submitted

    (1) Concentrated Aquatic Animal Production Effluent Guidelines 
(Renewal), EPA ICR Number 2087.03, OMB Control Number 2040-0258, 
expiration date 09/30/2007.
    (2) National Pollutant Discharge Elimination System (NPDES)/
Compliance Assessment/Certification Information (Renewal), EPA ICR 
Number 1427.08, OMB Control Number 2040-0110, expiration date 09/30/
2007.
    (3) National Pretreatment Program (Renewal), EPA ICR Number 
0002.14, OMB Control Number 2040-0009, expiration date 09/30/2007.

B. Individual ICRs

    (1) Concentrated Aquatic Animal Production Effluent Guidelines 
(Renewal), EPA ICR Number 2087.03, OMB Control Number 2040-0258, 
expiration date 09/30/2007.
    Abstract: This ICR requests OMB renewal of the approval for the 
Concentrated Aquatic Animal Production (CAAP) Effluent Guidelines. The 
rule establishes specific reporting requirements for a segment of CAAP 
facilities through NPDES permits. The rule covers facilities which are 
defined as CAAP facilities (see 40 CFR 122.24 and 40 CFR part 122 
Appendix C) and produce at least 100,000 pounds per year in flow 
through, recirculating, and net pen systems.
    The rule includes special mandatory reporting and recordkeeping 
requirements which are the subject of this ICR. CAAP facility owners or 
operators are also required to file reports with the permitting 
authority when drugs with special approvals are applied to the 
production units or a failure in the structural integrity occurs in the 
aquatic animal containment system.
    When CAAP facilities apply either an Investigational New Animal 
Drug (INAD) or a drug that has been prescribed extra-label by a 
veterinarian to treat the aquatic animals at their facility, the owner 
or operator must report this use to the permitting authority. In 
addition, the owner or operator of a CAAP facility must notify the 
permitting authority upon agreeing to participate in an INAD study.
    Whenever a structural failure occurs in the aquatic animal 
containment system, the owner or operator must report this to the 
permitting authority. For the purposes of this requirement, the aquatic 
animal containment system is defined as the unit(s) that contain(s) the 
aquatic animals and in which their culture takes place, as well as the 
wastewater handling and treatment units associated with aquatic animal 
production.
    CAAP facilities subject to this regulation are also required to 
develop and implement a Best Management Practices (BMP) plan that 
ensures that the regulatory requirements will be met. Upon completion 
of this BMP plan, the owner or operator must certify to the permitting 
authority that the plan has been developed.
    CAAP facilities are also expected to keep records of the feed 
inputs along with an estimate of the number and weight of the animals 
being raised. These records are to be used to calculate the feed 
conversion ratios for the facility. Records must also be kept 
documenting the frequency of facility inspections, maintenance and 
repairs, and cleaning of the rearing units at flow through and 
recirculating facilities or changing the nets at net pen facilities.
    This information collection may contain CBI, especially the 
reporting requirements associated with investigational drug use. If 
this is the case, the respondent may request that such information be 
treated as confidential. All confidential data will be handled in 
accordance with 40 CFR 122.7, 40 CFR part 2 and EPA's Security Manual. 
However, CWA section 308(b) specifically States that effluent data may 
not be treated as confidential.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 180.4 
hours per respondent per year, or 60.2 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;

[[Page 54906]]

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: Entities potentially affected by 
this action are a subset of facilities engaged in aquatic animal 
production defined to 40 CFR part 451.
    Estimated Number of Respondents: 245 (200 facilities and 45 
States).
    Frequency of Response: Once every five years, on occasion, on-
going.
    Estimated Total Annual Hour Burden: 44,196 hours.
    Estimated Total Annual Cost: $971,500, includes $0 annualized 
capital or O&M costs.
    Changes in the Estimates: There is a decrease of 804 hours (1.8%) 
in the total estimated burden currently identified in the OMB Inventory 
of Approved ICR Burdens. This decrease reflects EPA's corrections to 
the 2004 ICR and is not the result of changes to the requirements 
covered by this ICR.
    (2) National Pollutant Discharge Elimination System (NPDES)/
Compliance Assessment/Certification Information (Renewal), EPA ICR 
Number 1427.08, OMB Control Number 2040-0110, expiration date 09/30/
2007.
    Abstract: The purpose of this ICR is to calculate the burden and 
costs associated with the data requirements necessary for a permitting 
authority (either an authorized State or EPA) to determine whether an 
existing NPDES or sewage sludge permittee is in compliance with the 
conditions of its permit.
    A permitting authority collects information necessary to determine 
a permittee's compliance with specific permit requirements during the 
effective term of a given permit. Compliance assessment reporting 
requirements include routine submittals (e.g., annual certifications 
and reports submitted when a compliance schedule milestone is reached) 
and non-routine submittals (e.g., required when certain conditions 
occur, such as an unanticipated bypass). NPDES staff may use this 
information to determine if follow-up activities are necessary.
    This ICR includes burden hours and costs associated with 
noncompliance reports for Concentrated Animal Feeding Operations 
(CAFOs) not accounted for in the NPDES Regulation and Effluent 
Limitation Guidelines and Standards for Concentrated Animal Feeding 
Operations ICR (EPA ICR No. 1989.04; OMB No. 2040-0250).
    Five additional effluent limitations guidelines development ICRs 
were set to expire in the next three years prior to the next renewal of 
this Compliance Assessment/Certification ICR. The burden for direct 
dischargers associated with those five ICRs has been incorporated into 
the Compliance Assessment/Certification ICR. The five ICRs include:
    1. Milestone Plans for the Bleached Papergrade Kraft and Soda 
Subcategory of the Pulp, Paper, and Paperboard Point Source Category 
(40 CFR part 430), EPA ICR No. 1877.03, OMB Control No. 2040-0202;
    2. Best Management Practices (BMPs) for Bleached Papergrade Kraft 
and Soda Subcategory and the Papergrade Kraft Sulfite Subcategory of 
the Pulp, Paper, and Paperboard Point Source Category (40 CFR part 
430), EPA ICR No. 1829.03, OMB Control No. 2040-0207;
    3. Baseline Standards and Best Management Practices for the Coal 
Mining Point Source Category (40 CFR part 434)--Coal Remining 
Subcategory and Western Alkaline Coal Mining Subcategory, EPA ICR No. 
1944.03, OMB Control No. 2040-0239;
    4. Voluntary Certification in Lieu of Chloroform Minimum Monitoring 
Requirements for Direct and Indirect Discharging Mills in the Bleached 
Papergrade Kraft and Soda Subcategory of the Pulp, Paper and Paperboard 
Manufacturing Category (40 CFR part 430), EPA ICR No. 2015.02, OMB 
Control No. 2040-0242; and
    5. Minimum Monitoring Requirements for Direct and Indirect 
Discharging Mills in the Bleached Papergrade Kraft and Soda Subcategory 
and the Papergrade Sulfite Subcategory of the Pulp, Paper and 
Paperboard Manufacturing Category (40 CFR part 430), EPA ICR No. 
1878.02, OMB Control No. 2040-0243.
    Where information submitted in conjunction with this ICR contains 
trade secrets or similar CBI, the respondent has the authority to 
request that this information be treated as CBI. All confidential data 
will be handled in accordance with 40 CFR 122.7, 40 CFR part 2. Any 
claim of confidentiality must be asserted at the time of submission. 
However, CWA section 308(b) specifically States that effluent data may 
not be treated as confidential.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 4.1 
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: Entities potentially affected by 
this action are most facilities required to have NPDES permit coverage, 
including but not limited to POTWs, PrOTWs, manufacturing and 
commercial dischargers, mining operations, and CAFOs.
    Estimated Number of Respondents: 450,471 (450,425 facilities and 46 
States).
    Frequency of Response: Every five years, annual, semiannual, 
quarterly, monthly, on occasion.
    Estimated Total Annual Hour Burden: 2,066,677 hours.
    Estimated Total Annual Cost: $92,353,878, includes $0 annualized 
capital or O&M costs.
    Changes in the Estimates: There is an increase of 195,157 hours 
(10.4%) in the total estimated respondent burden compared with that 
identified in the ICR currently approved by OMB. This increase is 
mostly the result of the increase in the number of expected stormwater 
construction and other non-stormwater general permittees and the 
inclusion of noncompliance for CAFO permittees in this ICR. It is not 
the result of changes to the requirements covered by this ICR.
    (3) National Pretreatment Program (Renewal), EPA ICR Number 
0002.14, OMB Control Number 2040-0009, expiration date 09/30/2007.
    Abstract: This ICR calculates the burden and costs associated with 
managing and implementing the National Pretreatment Program as mandated 
under CWA sections 402(a) and (b) and 307(b). This ICR includes all 
existing tasks under the National Pretreatment Program, as amended by 
the EPA's recent Streamlining Rule. It integrates key elements from two

[[Page 54907]]

existing ICRs whose approvals are due to expire shortly: (1) 
Information Collection Request for the National Pretreatment Program, 
OMB Control No. 2040-0009, EPA ICR No.: 0002.11, June 7, 2005, and (2) 
Revision of the Information Collection Request for the National 
Pretreatment Program (Pretreatment Streamlining ICR) (40 CFR part 403), 
OMB Control No. 2040-0009, EPA ICR No. 0002.12, September 22, 2005.
    EPA's Office of Wastewater Management (OWM) in the Office of Water 
(OW) is responsible for the management of the pretreatment program. The 
CWA requires EPA to develop national pretreatment standards to control 
discharges from Industrial Users (IUs) into Publicly Owned Treatment 
Works (POTWs). These standards limit the level of certain pollutants 
allowed in non-domestic wastewater that is discharged to a POTW. EPA 
administers the pretreatment program through the NPDES permit program. 
Under the NPDES permit program, EPA may approve State or individual 
POTW implementation of the pretreatment standards at their respective 
levels. Data collected from IUs during implementation of the 
pretreatment program include the mass, frequency, and content of IU 
discharges and IU schedules for installing pretreatment equipment. Data 
also include actual or anticipated IU discharges of wastes that violate 
pretreatment standards, have the potential to cause problems at the 
POTW, or are considered hazardous under the Resource Conservation and 
Recovery Act (RCRA). OWM uses the data collected under the pretreatment 
program to monitor and enforce compliance with the pretreatment 
regulations, as well as to authorize program administration at the 
State or Local (POTW) level. States and POTWs applying for approval of 
their pretreatment programs submit data concerning their legal, 
procedural, and administrative bases for establishing such programs. 
This information may include surveys of IUs, local limits for pollutant 
concentrations, and schedules for completion of major project 
requirements. IUs and POTWs submit written reports to the approved 
State or EPA. These data may then be entered into the NPDES databases 
by the approved State or by EPA.
    Four additional effluent limitations guidelines development ICRs 
were set to expire within the next 3 years, before the next renewal of 
this Pretreatment Program ICR. It was EPA's intention to transfer some 
of the burden and cost from those ICRs into the Pretreatment Program 
ICR during the previous ICR renewal cycle, but final action was not 
taken until March 23, 2007. Therefore, the burden and cost associated 
with indirect dischargers from those four ICRs is incorporated into 
this Pretreatment Program ICR as part of the renewal process. The four 
ICRs are the following:
    1. Pollution Prevention Compliance Alternative; Transportation 
Equipment Cleaning Point Source Category (40 CFR part 442), EPA ICR No. 
2018.02, OMB Control No. 2040-0235.
    2. Voluntary Certification in Lieu of Chloroform Minimum Monitoring 
Requirements for Direct and Indirect Discharging Mills in the Bleached 
Papergrade Kraft and Soda Subcategory of the Pulp, Paper and Paperboard 
Manufacturing Category (40 CFR part 430), EPA ICR No. 2015.02, OMB 
Control No. 2040-0242.
    3. Best Management Practices (BMPs) for Bleached Papergrade Kraft 
and Soda Subcategory and the Papergrade Kraft Sulfite Subcategory of 
the Pulp, Paper, and Paperboard Point Source Category (40 CFR part 
430), EPA ICR No. 1829.03, OMB Control No. 2040-0207.
    4. Minimum Monitoring Requirements for Direct and Indirect 
Discharging Mills in the Bleached Papergrade Kraft and Soda Subcategory 
and the Papergrade Sulfite Subcategory of the Pulp, Paper and 
Paperboard Manufacturing Category (40 CFR part 430), EPA ICR No. 
1878.02, OMB Control No. 2040-0243.
    The following reporting requirements may contain CBI, proprietary 
information, or information containing compromising trade secrets:
     Pretreatment Baseline Monitoring Report (BMR)
     IU Compliance Schedule Report
     POTW and IU Maintenance of Monitoring Records
     Pretreatment Categorical Determination Request
     Pretreatment Fundamentally Different Factors (FDF) 
Variance Request
    In such cases, the respondent has the right to request that the 
information be treated as CBI. EPA and its agents will handle all data 
so designated in accordance with the requirements at 40 CFR 403.14(a). 
The pretreatment regulations, however, stipulate at 40 CFR 403.14(b) 
that industrial effluent data shall be made available to the public 
without restriction.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 18 
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: Various industrial categories, 
POTWs, Local and State governments.
    Estimated Number of Respondents: 24,740 (35 States, 1,512 POTWs and 
23,193 industrial users)
    Frequency of Response: On occasion, semi-annually, annually, and as 
needed.
    Estimated Total Annual Hour Burden: 1,797,087 hours.
    Estimated Total Annual Cost: $82,467,367, includes $2,003,205 
annualized capital or O&M costs.
    Changes in the Estimates: There is a decrease of 181,045 (9.2%) 
hours in the total estimated respondent burden compared with that 
identified in the ICR currently approved by OMB. There are burden 
increases reflected in this ICR due to increases in the estimates of 
State respondents, number of approved programs, and incorporation of 
burden from other ICRs. However, the main change in burden is reflected 
in a decrease in the number of Significant Industrial Users (SIUs). EPA 
revised the estimated number of SIUs and pretreatment programs after 
extensive consultation with the EPA regions and a thorough examination 
of Permit Compliance System (PCS) data. This resulted in an overall 
decrease in the burden of this ICR.

    Dated: September 21, 2007.
Joseph A. Sierra,
Acting Director, Collection Strategies Division.
 [FR Doc. E7-19126 Filed 9-26-07; 8:45 am]
BILLING CODE 6560-50-P