[Federal Register Volume 79, Number 136 (Wednesday, July 16, 2014)]
[Notices]
[Pages 41548-41550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16737]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0719; FRL--9913-90-OW]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; National Pollutant Discharge Elimination System 
(NPDES) Permits for Point Source Discharges From the Application of 
Pesticides to Waters of the United States; EPA ICR No. 2397.02, OMB 
Control No. 2040-0284

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces that EPA is planning to submit a request to renew an 
existing approved Information Collection Request (ICR) to the Office of

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Management and Budget (OMB). This ICR is scheduled to expire on 11/30/
2014. Before submitting the draft ICR to OMB for review and approval, 
EPA is soliciting comments on specific aspects of the proposed 
information collection as described below.

DATES: Additional comments may be submitted on or before September 15, 
2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2008-0719, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions 
for submitting comments.
     Email: [email protected]. (Identify Docket ID No. EPA-HQ-
OW-2008-0719 in the subject line).
     Mail: Water Docket, Environmental Protection Agency, 
Mailcode: 28221T, ATTN: Docket ID EPA-HQ-OW-2008-0719, 1200 
Pennsylvania Ave. NW., Washington, DC 20460. Please include a total of 
three copies.
     Hand Delivery: EPA Docket Center, WJC West Building, Room 
3334, 1301 Constitution Avenue NW., Washington, DC 20004. ATTN: Docket 
ID EPA-HQ-OW-2008-0719. 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 identified by the Docket ID No. 
EPA-HQ-OW-2008-0719. 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 email. 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 email comment directly to EPA without 
going through http://www.regulations.gov, your email 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 Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

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; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

How can I access the docket and/or submit comments?

    EPA has established a public docket for this draft ICR under Docket 
ID No. EPA-HQ-OW-2008-0719, 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), WJC West Building, 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 
federal 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 aviilable 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.
    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; 
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.

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.

[[Page 41550]]

What information collection activity or ICR does this apply to?

    Respondents/Affected Entities: Entities 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.
    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. 2397.02, OMB Control No. 2040-0284.
    ICR Status: This ICR is currently scheduled to expire on 11/30/
2014. 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 draft 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 were 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 draft 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 draft 
ICR is based on EPA's NPDES Pesticide General Permit (PGP).
    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.
    The draft ICR provides a detailed explanation of the agency's 
estimate, which is only briefly summarized here:
    Estimated total number of potential respondents: 365,047 (365,000 
permittees, 47 permitting authorities [46 states and Virgin Islands]).
    Frequency of response: varies from once, every 5 years, to 
occasionally as needed.
    Estimated total number of responses: 1,283,531 (1,276,395 by 
permittees, 7,136 by permitting authorities [i.e., states, tribes, and 
territories]).
    Estimated total average number of responses for each respondent: 
3.5 (1,283,531 responses divided by 365,047 respondents).
    Estimated total annual burden hours: 834,756 hours (828,141 hours 
for permittees and 6,615 hours for permitting authorities [i.e., 
states, tribes, and territories]).
    Estimated total annual cost: $38,662,462 ($38,462,682 for 
permittees and $199,780 for permitting authorities), includes $0 
annualized capital or O&M costs.

Are there changes in the estimates from the last approval?

    There is a decrease of 12,896 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. EPA expects that the 2016 PGP will be similar to the 
2011 PGP. All of the decrease in burden is attributable to the shift 
from the 2011 PGP to the 2016 PGP in year 3 of this draft ICR when 
permittees renewing their coverage would not need to develop a new 
Pesticide Discharge Management Plan.

What is the next step in the process for this ICR?

    EPA will consider the comments received on this notice and amend 
the draft 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 draft ICR or the approval process, please contact 
the technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: July 8, 2014.
Andrew D. Sawyers,
Director, Office of Wastewater Management.
[FR Doc. 2014-16737 Filed 7-15-14; 8:45 am]
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