[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Pages 58806-58807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24377]



[EPA-HQ-OW-2010-0852; FRL-9470-5]

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; National Pollutant Discharge 
Elimination System (NPDES) Permits for Point Source Discharges From the 
Application of Pesticides to Waters of the United States (New)

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 an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request for a new collection. 
The ICR, which is abstracted below, describes the nature of the 
information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before October 24, 

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2010-0852, to (1) EPA online using http://www.regulations.gov (our 
preferred method), by email to [email protected], or by mail to: EPA 
Docket Center, Environmental Protection Agency, Water Docket, Mailcode: 
28221T, 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: Jack Faulk, EPA Headquarters, Office 
of Water, Office of Wastewater Management, Mailcode 4203M, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-564-0768; fax number: 202-
564-6384; e-mail address: [email protected].

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 November 3, 2010 (75 FR 67713), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received 13 comments during the 
comment period, which are addressed in the ICR. Any additional comments 

[[Page 58807]]

this ICR should be submitted to EPA and OMB within 30 days of this 
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OW-2010-0852, 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 ``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 http://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 http://www.regulations.gov.
    Title: National Pollutant Discharge Elimination System (NPDES) 
Permits for Point Source Discharges from the Application of Pesticides 
to Waters of the United States.
    ICR numbers: EPA ICR No. 2397.01, 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: This Information Collection Request (ICR) calculates the 
burden and costs associated with information collection and reporting 
activities from EPA and State NPDES general permits for point source 
discharges from the application of pesticides to waters of the United 
States. On November 27, 2006, EPA issued a final rule (hereinafter 
called the ``2006 NPDES Pesticides Rule'') clarifying circumstances in 
which an NPDES permit was not required to apply pesticide to, or over, 
including near, waters of the U.S. On January 9, 2009, the Sixth 
Circuit Court vacated EPA's 2006 NPDES Pesticides Rule. As a result of 
the Court's decision, beginning October 31, 2011 NPDES permits will be 
required for discharges to waters of the U.S. from the application of 
biological pesticides and chemical pesticides that leave a residue. 
Regulations governing permit requirements for NPDES discharges are 
codified at 40 CFR parts 122. This ICR includes information submitted 
or recorded by permittees as well as information used primarily by 
permitting authorities. The permitting authority will use the 
information to assess permittee compliance and modify/add new permit 
requirements as appropriate. The estimated burden in this ICR is based 
on EPA's NPDES Pesticide General Permit (PGP). EPA posted the final 
draft PGP on the Agency's Web site on April 1, 2011.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.7 
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: Industries potentially covered by 
the general permits include but are not limited to the following NAICS 
(North American Industry Classification System) codes: 111 Crop 
Production; 113110 Timber Tract Operations; 113210 Forest Nurseries 
Gathering of Forest Products; 221310 Water Supply for Irrigation; 
923120 Administration of Public Health Programs; 924110 Administration 
of Air and Water Resource and Solid Waste Management Programs; 924120 
Administration of Conservation Programs; and 221 Utilities.
    Estimated Number of Respondents: 365,000 permittees, 45 permitting 
authorities (44 states and Virgin Islands).
    Frequency of Response: varies from once every 5 years to 
occasionally as needed.
    Estimated Total Annual Hour Burden: 847,652 hours (841,037 hrs for 
permittees and 6,615 hrs for permitting authorities).
    Estimated Total Annual Cost: $48,034,676 ($47,783,297 for 
permittees and $251,379 for permitting authorities), includes $0 
annualized capital or O&M costs.
    Changes in the Estimates: There is an increase of 847,652 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase is due to a change in NPDES program 
requirements as result of the Sixth Circuit Court's decision.

    Dated: September 19, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011-24377 Filed 9-21-11; 8:45 am]