[Federal Register Volume 82, Number 194 (Tuesday, October 10, 2017)]
[Notices]
[Pages 46987-46988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21655]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2005-0023; FRL--9968-27-OEI]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Clean Water Act Section 404 State-Assumed 
Programs (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an 
information collection request (ICR), ``Clean Water Act Section 404 
State-Assumed Programs'' (EPA ICR No. 0220.13, OMB Control No. 2040-
0168) to the Office of Management and Budget (OMB) for review and 
approval in accordance with the Paperwork Reduction Act. This is a 
proposed extension, which is currently approved through November 30, 
2017. Public comments on the ICR renewal were requested via the Federal 
Register (82 FR 30861) published on July 3, 2017, during a 60-day 
comment period. This notice allows for an additional 30 days for public 
comments. A fuller description of the ICR is given below, including its 
estimated burden and cost to the public. 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.

DATES: Additional comments may be submitted on or before November 9, 
2017.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OW-2005-0023, to (1) EPA online using www.regulations.gov (our 
preferred method), by email [email protected], or by mail to: EPA 
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to 
[email protected]. Address comments to OMB Desk Officer for 
EPA.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

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 number: 202-566-1269; fax number: 202-566-1349; email 
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in 
detail the information that the EPA will be collecting, are available 
in the public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: Section 404(g) of the Clean Water Act (CWA) authorizes 
states and tribes to assume the section 404 permit program for 
discharges of dredged or fill material into certain Waters of the U.S. 
This ICR covers the collection of information EPA needs to perform its 
program approval and oversight responsibilities and the state/tribe 
needs to implement its program.
    To request to assume the CWA section 404 permit program, states/
tribes must demonstrate that they meet the statutory and regulatory 
requirements (40 CFR 233) for an approvable program. Specified 
information and documents

[[Page 46988]]

must be submitted by the state/tribe to EPA to request assumption and 
must be sufficient to enable EPA to undertake a thorough analysis of 
the state/tribal program. 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 disapprove 
the state/tribe's assumption request starts. The information contained 
in the assumption request submission is provided to the Army Corps of 
Engineers, U.S. Fish and Wildlife Service and U.S. National Marine 
Fisheries Service and to the public for review and comment.
    States/tribes with assumed programs must be able to issue permits 
that assure compliance with all applicable statutory and regulatory 
requirements, including the 404(b)(1) Guidelines. Sufficient 
information must be provided in the application so that states/tribes 
and federal agencies reviewing the permit can evaluate, avoid, minimize 
and compensate for any anticipated impacts resulting from the proposed 
project. EPA's assumption regulations establish required elements that 
must be included in the state/tribe's permit application, so that 
sufficient information is available to make a thorough analysis of 
anticipated impacts. (40 CFR 233.30). These minimum information 
requirements generally reflect the information that must be submitted 
when applying for a section 404 permit from the Army Corps of 
Engineers.
    EPA has an oversight role for assumed 404 permitting programs to 
ensure that state/tribal programs comply with applicable requirements 
and that state/tribal permit decisions adequately consider, avoid, 
minimize and compensate for anticipated impacts. States/tribes must 
evaluate their 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).
    The information included in the state/tribe's assumption request 
and the information included in a permit application is made available 
for public review and comment. The information included in the annual 
report to EPA is made available to the public. EPA does not make any 
assurances of confidentiality for this information. (CWA section 
404(h); CWA section 404(j); 40 CFR 230.10, 233.20, 233.21, 233.34, and 
233.50; and 33 CFR 325)
    Form Numbers: None.
    Respondents/affected entities: States/tribes requesting assumption 
of the CWA section 404 permit program; states/tribes with approved 
assumed programs; and permit applicants in states/tribes with assumed 
programs.
    Respondent's obligation to respond: Required to obtain or retain a 
benefit (40 CFR 233).
    Estimated number of respondents: 2 states/tribes requesting program 
assumption; 11,900 permit applications; and 4 states/tribes that will 
submit an annual report.
    Frequency of response: Once for states/tribes to request 
assumption; annually for states/tribes submitting the annual report; 
and once for permit applicants when requesting a permit.
    Total estimated burden: 119,707 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: Costs to states for assumed Section 404 
permit programs will vary widely by state and permit, however there are 
no capital or operation & maintenance costs.
    Changes in the Estimates: There is an increase of 28,747 hours in 
the total estimated respondent burden compared with the ICR currently 
approved by OMB. This increase reflects an increase in hours spent 
reviewing each permit.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2017-21655 Filed 10-6-17; 8:45 am]
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