[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Notices]
[Pages 31477-31479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12268]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0356; FRL-8574-3]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Water Quality Standards Regulation (Renewal), EPA ICR 
Number 988.10, OMB Control Number 2040-0049

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 
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 November 30, 2008. 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 August 1, 2008.

ADDRESSES: Submit your comments, identified by docket ID No. EPA-HQ-OW-
2008-0356 by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Mail: EPA Docket Center, Water Docket, Environmental 
Protection Agency, Mailcode 28221T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
     Hand delivery: Docket in the EPA Docket Center (EPA/DC), 
EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2008-
0356. 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 through http://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured 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

[[Page 31478]]

Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Samantha Fontenelle, Office of Water 
(4305T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-566-2083; fax number: 202-
566-0409; 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-2008-0356, which is available for online viewing at 
http://www.regulations.gov or in person viewing at the 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 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

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 
that 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 on 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 
all States and certain authorized Indian tribes that adopt water 
quality standards under the Clean Water Act; and water dischargers 
subject to certain requirements related to water quality standards in 
the Great Lakes system, including dischargers in the following SIC 
categories: Mining (SIC codes 10, 14); Food (20); Pulp and Paper (26); 
Inorganic Chemical Manufacturing (281); Organic Chemical Manufacturing 
(28); Petroleum Refining (29); Metal Manufacturing (33), Metal 
Finishing (34-37); Steam Electric (4911), and Publically Owned 
Treatment Works (4952). For the purposes of the Regulation, the term 
``State'' means the 50 States, the District of Columbia, Guam, the 
Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and 
the Commonwealth of the Northern Mariana Islands.
    Title: Water Quality Standards Regulation (Renewal).
    ICR Number: EPA ICR No. 988.10, OMB Control No. 2040-0049.
    ICR Status: This ICR is currently scheduled to expire on November 
30, 2008. 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: Water quality standards are provisions of State, Tribal, 
and Federal law that consist of designated uses for waters of the 
United States, water quality criteria to protect the designated uses, 
and an antidegradation policy. Section 303(c) of the Clean Water Act 
requires States and authorized Tribes to establish water quality 
standards, and to review and, if appropriate, revise their water 
quality standards once every three years. The Act also requires EPA to 
review and either approve or disapprove the new or revised standards, 
and to promulgate replacement Federal standards if necessary. Section 
118(c)(2) of the Act specifies additional water quality standards 
requirements for waters of the Great Lakes system.
    The Water Quality Standards Regulation (40 CFR part 131 and 
portions of part 132) governs national implementation of the water 
quality standards program. The Regulation describes requirements and 
procedures for States and authorized Tribes to develop, review, and 
revise their water quality standards, and EPA procedures for reviewing 
and approving the water quality standards. The regulation requires the 
development and submission of information to EPA, including:

--The minimum elements in water quality standards that each State or 
Tribe must submit to EPA for review, including any new or revised 
water quality standards resulting from the jurisdiction's triennial 
review (40 CFR 131.6 and 131.20). The elements include use 
designations for specific water bodies; methods used and analyses 
conducted to support water quality standards revisions; supporting 
analysis for use attainability analyses; water quality criteria 
sufficient to protect the designated uses; methodologies for site-
specific criteria development; an antidegradation policy; 
certification by the jurisdiction's Attorney General or other 
appropriate legal authority that the water quality standards were 
duly adopted pursuant to State or Tribal law; information that will 
aid EPA in determining the adequacy of the scientific basis for the 
standards; and information on general policies that may affect the 
implementation of the standards.

[[Page 31479]]

--Information that an Indian Tribe must submit to EPA in order to 
determine whether a Tribe is qualified to administer the water 
quality standards program (40 CFR 131.8).
--Information a State or Tribe must submit if it chooses to exercise 
a dispute resolution mechanism for disputes between States and 
Tribes over water quality standards on common water bodies (40 CFR 
131.7).
--Information related to public participation requirements during 
State and Tribal review and revision of water quality standards (40 
CFR 131.20). States and Tribes must hold public hearings as part of 
their triennial reviews, and make any proposed standards and 
supporting analyses available to the public before the hearing.

    The Regulation establishes specific additional requirements for 
water quality standards and their implementation in the waters of the 
Great Lakes system, contained in the Water Quality Guidance for the 
Great Lakes System (40 CFR part 132). This portion of the Regulation 
includes the following requirements for information collection: 
bioassay tests to support the development of water quality criteria; 
studies to identify and provide information on antidegradation control 
measures that will guard against the reduction of water quality in the 
Great Lakes system; and information collection and recordkeeping 
activities associated with analyses and reporting to request regulatory 
relief from Guidance requirements. The Guidance includes additional 
information collections that are addressed in separate Information 
Collection Requests for the National Pollutant Discharge Elimination 
System program.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 988 
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.
    The following estimates are based on estimates from the previous 
ICR renewal and will be revised prior to OMB submission. The public 
will have a second opportunity to comment before then. The ICR provides 
a detailed explanation of the Agency's estimate, which is only briefly 
summarized here:
    Estimated total number of potential respondents: 2,796.\1\
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    \1\ Note: EPA estimates that of the estimated total number of 
potential respondents there will likely be only 264 responses.
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    Frequency of response: At least once every 3 years.
    Estimated total average number of responses for each respondent: 
0.095.
    Estimated total annual burden hours: 260,714 hours.
    Estimated total annual costs: $12,063,453. This cost consists 
entirely of the estimated burden cost since there are no capital 
investment or maintenance and operational costs.

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: May 23, 2008.
Ephraim King,
Director, Office of Science and Technology.
[FR Doc. E8-12268 Filed 5-30-08; 8:45 am]
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