[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Pages 43116-43118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20603]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2005-0023; FRL-8949-2]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Clean Water Act Section 404 State-Assumed Programs; 
EPA ICR No. 0220.11, OMB Control No. 2040-0168

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (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 February 28, 2010. 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 26, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OW-2005-0023, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Mail: Office of Water Docket, Environmental Protection 
Agency, Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
     Hand Delivery: Office of Water Docket, Environmental 
Protection Agency, Public Reading Room, Room B102, EPA West Building, 
1301 Constitution Ave., NW., Washington, DC 20004. 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-2005-
0023. 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 http://www.regulations.gov or e-mail. 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

[[Page 43117]]

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: Kathy Hurld, Office of Wetlands, 
Oceans, and Watersheds, Wetlands Division (4502T), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: 202-566-1348; fax number: 202-566-1349; 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 
No. EPA-HQ-OW-2005-0023, 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 B102, 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 
those States/Tribes requesting assumption of the Clean Water Act 
section 404 permit program; States/Tribes with approved assumed 
programs; and permit applicants in States/Tribes with assumed programs.
    Title: Clean Water Act Section 404 State-Assumed Programs.
    ICR Numbers: EPA ICR No. 0220.11, OMB Control No. 2040-0168.
    ICR status: This ICR is currently scheduled to expire on February 
28, 2010. 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 404(g) of the Clean Water Act authorizes States 
[and Tribes] to assume the section 404 permit program. States/Tribes 
must demonstrate that they meet the statutory and regulatory 
requirements (40 CFR part 233) for an approvable program. Specified 
information and documents must be submitted by the State/Tribe to EPA 
to request assumption. Once the required information and documents are 
submitted and EPA has a complete assumption request package, the 
statutory time clock for EPA's decision to either approve or deny the 
State/Tribe's assumption request starts. The information contained in 
the assumption request is made available to the other involved Federal 
agencies (Corps of Engineers, U.S. Fish and Wildlife Service, and 
National Marine Fisheries Service) and to the general public for review 
and comment. These minimum information requirements are based on the 
information that must be submitted when applying for a section 404 
permit from the Corps of Engineers. [33 CFR 328].
    States/Tribes must be able to issue permits that comply with the 
404(b)(1) Guidelines, the environmental review criteria. States/Tribes 
and the reviewing Federal agencies must be able to review proposed 
projects to evaluate, avoid, minimize and compensate for anticipated 
impacts. EPA's assumption regulations establish recommended elements 
that should be included in the State/Tribes's permit application, so 
that sufficient information is available to make a thorough analysis of 
anticipated impacts. These minimum information requirements are based 
on the information that must be submitted when applying for a section 
404 permit from the Corps of Engineers (CWA section 404(h)(1)(A)(i) and 
section 404(j) and 40 CFR 230.10, 233.20, 233.21, 233.34, and 233.50) 
(33 CFR 325.1).
    EPA is responsible for oversight of assumed programs to ensure that 
State/Tribal programs are in compliance with applicable requirements 
and that State/Tribal permit decisions adequately consider, avoid, 
minimize and compensate for anticipated impacts. States/Tribes must 
evaluate their

[[Page 43118]]

programs annually and submit the results in a report to EPA. EPA's 
assumption regulations establish minimum requirements for the annual 
report (40 CFR 233.52).
    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 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 520 
hours to request program assumption, 5 hours to complete a permit 
application and 80 hours to prepare the annual report per assumed 
program. 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 ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 2 States/Tribes to 
request program assumption; 20,000 permit applicants, 4 assumed States/
Tribes.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 
One time to request assumption; one time when requesting a permit; 
annually for the annual permit and annual report.
    Estimated total annual burden hours: 101,360 (520 hours to request 
assumption times two States/Tribes (1,040 hours); 20,000 permit 
applicants times 5 hours per application (100,000 hours); 80 hours per 
annual report times 4 States/Tribes (320 hours).
    Estimated total annual costs: $45,120 (includes $0 annualized 
capital and O&M costs).

Are There Changes in the Estimates From the Last Approval?

    There are changes in the estimates from the last approval. These 
changes are to account for increases in wages.

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: August 19, 2009.
Suzanne Schwartz,
Acting Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. E9-20603 Filed 8-25-09; 8:45 am]
BILLING CODE 6560-50-P