[Federal Register Volume 73, Number 243 (Wednesday, December 17, 2008)]
[Pages 76634-76636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29964]



[EPA-HQ-OW-2008-0719, FRL-8753-1]

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; National Pollutant Discharge 
Elimination System (NPDES) Program (Renewal); EPA ICR No. 0229.19; OMB 
Control No. 2040-0004

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


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 describes the nature of the information 
collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before January 16, 

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2008-0719 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 28221T, 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: 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; e-mail address: 
[email protected].

[[Page 76635]]

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 September 29, 2008 (73 FR 56568), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). EPA received one comment during 
the comment period, which is address in the ICR supporting statement. 
Any additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OW-2008-0719, 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/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 http://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 ``search,'' then key in the docket ID number identified in this 
document. 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.
    Title: National Pollutant Discharge Elimination System (NPDES) 
Program (Renewal).
    ICR Number: EPA ICR No. 0229.19, OMB Control No. 2040-0004.
    ICR Status: This ICR is currently scheduled to expire on December 
31, 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: The purpose of this ICR is to consolidate, streamline, 
and update EPA's NPDES-related ICRs into the currently approved ICR for 
NPDES and Sewage Sludge Monitoring Reports (OMB Control No.: 2040-
0004). EPA identified 15 NPDES-related ICRs consisting of program-based 
(i.e., Pretreatment Program), activity-based (i.e., Applications, 
Discharge Monitoring Reports [DMRs]), and rule-based (i.e., Cooling 
Water Intake-Phase II, Stormwater Program Phase II) ICRs. Historically, 
EPA identified the five activity-based ICRs as representing the base 
NPDES program. Those ICRs include: (1) Applications ICR (OMB Control 
No. 2040-0086); (2) DMR ICR (OMB Control No. 2040-0004); (3) 
Modification/Variance ICR (OMB Control No. 2040-0068); (4) Compliance 
Assessment/Certification ICR (OMB Control No. 2040-0110); and (5) State 
Program ICR (OMB Control No. 2040-0057). Several additional ICRs 
include activities that contain similar activities to those identified 
in the five base NPDES program ICRs and as such, are being consolidated 
into this ICR. Those four ICRs include: (1) Stormwater Program Phase II 
(OMB Control No. 2040-0211); (2) Stormwater discharges associated with 
construction activities (OMB Control No. 2040-0188); (3) CSO Control 
Policy (OMB Control No. 2040-0170); and (4) NPDES Great Lakes Water 
Quality Guidance (OMB Control No. 2040-0180). In addition, the revised 
ICR accounts for the burden related to EPA's Eligible Commercial and 
Other Non-recreational Vessels General Permit.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 3.2 
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; 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: Facilities required to have NPDES 
permit coverage, including but not limited to publicly owned treatment 
works (POTWs), privately owned treatment works (PrOTWs), manufacturing 
and commercial dischargers, mining operation, Concentrated Animal 
Feeding Operations (CAFOs), stormwater dischargers, and vessels.
    Estimated Number of Respondents: 565,432 (564,814 facilities and 
618 States/Tribes/Territories).
    Frequency of Response: Once, every five years, annually, semi-
annually, quarterly, bimonthly, monthly, biweekly, weekly, daily, 
ongoing, occasionally/as needed.
    Estimated Total Annual Hour Burden: 30,943,308 hours.
    Estimated Total Annual Cost: $1,403,683,489, includes $211,074 
annualized capital costs and $18,397,153 annualized O&M costs.
    Changes in the Estimates: There is an increase of 16,749,765 hours 
in this ICR, reflecting the consolidation of eight additional ICRs. In 
addition, the revised ICR accounts for the burden related to EPA's 
Eligible Commercial and Other Non-recreational Vessels General Permit. 
The current burden approved by OMB for the ICRs being consolidated is 
31,342,736 hours. This consolidated ICR estimates a total burden that 
is 399,428 hours less than the currently approved burden for the same 
nine NPDES ICRs. This decrease in burden corresponds to 1.3 percent of 
the overall burden. The main overarching reason for the change in 
burden is EPA's continuous effort to improve the quality of data in its 
PCS, ICIS-NPDES, and stormwater databases. This change reflects more 
accurate data rather than a significant change in the number of permits 
actually administered. Some specific changes with significant impact on 
the overall result are: (1) Previous NPDES Modification and Variance 
Requests ICR (OMB Control No. 2040-0068) did not account for the burden 
related to standard permit conditions to all types of permittees. EPA 
is now correcting this and assuming that all permittees have the 
potential to incur time to report planned facility changes, anticipated 
noncompliances, facility and permit transfers, and inaccurate previous 
information. (2) In the previous Applications for the NPDES Discharge 
Permits and the Sewage Sludge Management Permits ICR (OMB Control No. 
2040-0086), EPA assumed that the burden for Phase I MS4s to renew their 
permits was the same as the

[[Page 76636]]

burden estimated for a first time permit application. As specified in 
EPA's Interpretive Policy Memorandum (61 FR 41698), Phase I MS4s may 
use the fourth year annual report, which emphasizes changes to the 
stormwater management program, with the additional required basic 
information, as the MS4 permit reapplication. EPA has adjusted the 
burden assumptions, which significantly reduces the burden for 
permittees and states resulting from permit reapplication for Phase I 

    Dated: December 11, 2008.
Joseph A. Sierra,
Acting Director, Collection Strategies Division.
[FR Doc. E8-29964 Filed 12-16-08; 8:45 am]