[Federal Register Volume 74, Number 209 (Friday, October 30, 2009)]
[Pages 56191-56193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26169]



[EPA-HQ-OW-2009-0817; FRL-8975-8]

Agency Information Collection Activities; Proposed Collection; 
Comment Request; Stormwater Management Including Discharges From Newly 
Developed and Redeveloped Sites; EPA ICR No. 2366.01, OMB Control No. 

AGENCY: Environmental Protection Agency.

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 for a new Information Collection Request (ICR) to the 
Office of Management and Budget (OMB). 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 beforeDecember 29, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2009-0817, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected], Attention Docket ID No. EPA-HQ-
     Fax: 202-566-9744.
     Mail: Water Docket, U.S. Environmental Protection Agency, 
Mail code: 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Attention Docket ID No. EPA-HQ-OW-2009-0817.
     Hand Delivery: Water Docket, EPA Docket Center, EPA West 
Building Room 3334, 1301 Constitution Ave., NW., Washington, DC, 
Attention Docket ID No. EPA-HQ-OW-2009-0817. 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-2009-
0817. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
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 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 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 

[[Page 56192]]

about EPA's public docket visit the EPA Docket Center homepage at 

FOR FURTHER INFORMATION CONTACT: Jan Matuszko, Engineering and Analysis 
Division, Office of Water, (4303T), Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
202-566-1035; fax number: 202-566-1053; e-mail address: 
[email protected] or Jonathan Angier, Water Permits Division, 
(4203M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-564-0729; fax number: 202-
564-6392; e-mail address: [email protected].


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-2009-0817, 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 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 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 

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 
    1. Explain your views as clearly as possible and provide specific 
    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?

Docket ID No. EPA-HQ-2009-0817

    Affected entities: EPA is proposing to distribute three separate 
questionnaires focusing on gathering data pertaining to current 
stormwater management practices, including those used to control 
discharges from newly developed and redeveloped sites. The first 
questionnaire (``Industry Questionnaire'') targets establishments that 
develop and redevelop sites in the United States. Establishments 
receiving this questionnaire are classified by the following eight 
North American Industry Classification System (NAICS) codes:
    236115: New Single-Family Housing Construction (except operative 
    236116: New Multifamily Housing Construction (except operative 
    236117: New Housing Operative Builders;
    236210: Industrial Building Construction;
    236220: Commercial and Institutional Building Construction;
    237210: Land Subdivision;
    237310: Highway, Street and Bridge Construction; and
    237990: Other Heavy and Civil Engineering Construction.
    The second questionnaire (``MS4 Questionnaire'') targets owners or 
operators of municipal separate storm sewer systems (MS4s). This 
includes MS4 communities regulated under NPDES stormwater Phase I and 
Phase II regulations and other local government entities.
    Lastly, EPA designed the third questionnaire (``States 
Questionnaire'') to obtain information from the states and territories.
    Title: Information Collection Request for Stormwater Management 
Including Discharges from Newly Developed and Redeveloped Sites.
    ICR numbers: EPA ICR No. 2366.01, OMB Control No. 2040-NEW.
    ICR status: This ICR is for a new information collection activity. 
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: As the urban, suburban and exurban human environment 
expands, there is an increase in impervious land cover and stormwater 
discharges. This increase in impervious land cover on developed sites 
reduces or eliminates the natural infiltration of precipitation. The 
resulting stormwater flows across roads, rooftops, and other impervious 
surfaces, picking up pollutants that are then discharged to our 
nation's waters. In addition, the increased volume of stormwater 
discharges results in the scouring of rivers and streams, degrading the 
physical integrity of aquatic habitats, stream function and overall 
water quality.
    In order to make EPA's stormwater program more effective in 
protecting our nation's water quality, EPA commissioned the National 
Research Council (NRC) to review the Agency's program for controlling 
stormwater discharges under the CWA and

[[Page 56193]]

recommend any steps the Agency should take. The NRC released its 
report, entitled Urban Stormwater Management in the United States, 
National Academy of Sciences Press, in October 2008, with 
recommendations for EPA on how to strengthen the national stormwater 
program (available at http://cfpub.epa.gov/npdes/home.cfm?program_id=6). The NRC found that the current regulatory approach by EPA under 
the CWA is not adequately controlling all sources of stormwater 
discharge that are contributing to waterbody impairment. The NRC 
recommended that EPA address stormwater discharges from impervious land 
cover and promote practices that harvest, infiltrate and 
evapotranspirate stormwater to reduce or prevent it from being 
discharged, which is critical to reducing the volume and pollutant 
loading to our nation's waters.
    In order to protect our nation's water quality, EPA is committing 
to move forward with a nationwide rulemaking pursuant to CWA section 
402(p), 33 U.S.C. 1342(p), to propose requirements, including design or 
performance standards, for stormwater discharges from, at minimum, 
newly developed and redeveloped sites. EPA intends to propose 
regulatory options that would revise the NPDES regulations and 
establish a comprehensive program to address stormwater discharges from 
newly developed and redeveloped sites and to take final action no later 
than November 2012. As part of this effort, EPA needs to gather data to 
assess current practices and regulatory mechanisms; the effectiveness 
and feasibility of various control technologies, best management 
practices (BMPs), and pollution prevention opportunities and their 
associated potential pollutant reductions and costs; and the possible 
financial impacts associated with implementing regulations for 
stormwater discharges in developed and developing areas. Therefore, EPA 
is seeking Office of Management and Budget (OMB) approval for an ICR.
    In order to evaluate current stormwater management practices, the 
scope of the current state and local programs, and any EPA regulation 
to control these discharges, EPA is proposing several data collection 
activities. Because a regulation could impact, among others, 
establishments responsible for developing or redeveloping sites, MS4s, 
and the states, the ICR announced today is composed of three 
questionnaires: an Industry Questionnaire, an MS4 Questionnaire, and a 
State Questionnaire.
    EPA is distributing the Industry Questionnaire to collect technical 
feasibility, effectiveness, and cost information on various controls, 
pollution prevention technologies, and BMPs applied to stormwater 
discharges from newly developed and redeveloped sites. Some of these 
BMPs include promoting onsite stormwater retention. This information 
will be used to assist EPA in evaluating various regulatory options and 
determining the site level and nationwide costs for regulating the 
pollutant discharges associated with stormwater from newly developed 
and redeveloped sites. Additionally, EPA will collect firm level 
financial data to assess the economic impact if these controls were the 
basis of a regulation.
    The MS4 and State Questionnaires will collect information on the 
scope of the current regulatory program and the stormwater management 
practices that are currently required for controlling stormwater 
discharges. This includes information on site plan review, performance 
standards or design criteria, retention practices and associated 
financial information. EPA intends to use this information to assess 
existing conditions and the impact to MS4s and states that may result 
from a regulation.
    EPA intends to submit this information collection request to the 
Office of Management and Budget (OMB) for approval to distribute three 
mandatory questionnaires under the authority of Section 308 of the CWA, 
33 U.S.C. 1318. All questionnaire recipients will be required to 
complete and return the questionnaire to EPA.
    EPA solicits comment on the following items regarding this ICR.
    (1) Are there alternate means of gathering data from the MS4s and/
or States that would obviate the need for a questionnaire?
    (2) Are there other commercial enterprises that should be included 
as respondents, as a means of obtaining maintenance and installation 
cost information for stormwater controls?
    (3) Are there alternate means of gathering information on general 
project design and costs, and the changes in general project design and 
costs that could result from implementing national standards for 
stormwater discharges from newly developed and redeveloped sites?
    (4) Are there alternate means of distributing the ``Industry 
Questionnaire'' in order to get representative information while 
causing less burden to the respondents, such as a short questionnaire 
that goes out to a larger sample of respondents while a smaller subset 
of respondents receives a more detailed questionnaire?
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 53 
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 ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 2,060.
    Frequency of response: One occasion.
    Estimated total average number of hours for each respondent: 53.
    Estimated total annual burden hours: 108,675.
    Estimated total annual costs: $4.07 million. This includes an 
estimated burden cost of $4.05 million for labor and $17,150 for 
operations and maintenance.

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: October 26, 2009.
Ephraim S. King,
Director, Office of Science and Technology.
[FR Doc. E9-26169 Filed 10-29-09; 8:45 am]