[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Notices]
[Pages 4068-4070]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00904]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-OW-2013-0610; FRL-10017-57-OW]


Proposed Information Collection Request; Comment Request; Clean 
Water Act 404 State-Assumed Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Clean Water Act 
Section 404 State-Assumed Programs'' (EPA ICR No. 0220.14, OMB Control 
No. 2040-0168) to the Office of Management and Budget (OMB) for review 
and approval in accordance with the Paperwork Reduction Act. Before 
doing so, EPA is soliciting public comments on specific aspects of the 
proposed information collection as described below. This is a proposed 
extension of the ICR, which is currently approved through July 31, 
2021. 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: Comments must be received on or before March 16, 2021.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2013-0610, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our

[[Page 4069]]

preferred method). Follow the online instruction for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-HQ-OW-
2013-0610 in the subject line of the message.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only): 
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution 
Avenue NW, Washington, DC 20004. The Docket Center's hours of 
operations are 8:30 a.m. to 4:30 p.m., Monday through Friday (except 
Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received may be posted without change 
to https://www.regulations.gov/, including any personal information 
provided. Out of an abundance of caution for members of the public and 
our staff, the EPA Docket Center and Reading Room are closed to the 
public, with limited exceptions, to reduce the risk of transmitting 
COVID-19. Our Docket Center staff will continue to provide remote 
customer service via email, phone, and webform. We encourage the public 
to submit comments via https://www.regulations.gov/ or email, as there 
may be a delay in processing mail and faxes. Hand deliveries and 
couriers may be received by scheduled appointment only. For further 
information on EPA Docket Center services and the current status, 
please visit us online at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Dolores Wesson, Oceans, Communities, 
and Wetlands Division, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW (4504T), Washington, DC 20460; telephone number: 
202-566-2755; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that 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. The EPA is temporarily 
suspending its Docket Center and Reading Room for public visitors, with 
limited exceptions, to reduce the risk of transmitting COVID-19. Our 
Docket Center staff will continue to provide remote customer service 
via email, phone, and webform. We encourage the public to submit 
comments via https://www.regulations.gov/ as there may be a delay in 
processing mail and faxes. Hand deliveries or couriers will be received 
by scheduled appointment only. For further information and updates on 
EPA Docket Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the Centers for Disease Control and Prevention (CDC), local area 
health departments, and our Federal partners so that we can respond 
rapidly as conditions change regarding COVID-19.
    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act, 
EPA is soliciting 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. 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. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: Section 404(g) of the Federal Water Pollution Control Act 
(FWPCA), or the Clean Water Act (CWA) as it is commonly called,\1\ 
authorizes States and Tribes to assume the section 404 permit program 
for discharges of dredged or fill material into certain waters of the 
United States. This ICR covers the collection of information EPA needs 
to perform its program approval and oversight responsibilities and the 
State or Tribe needs to implement its program.
---------------------------------------------------------------------------

    \1\ The FWPCA is commonly referred to as the CWA following the 
1977 amendments to the FWPCA. Public Law 95-217, 91 Stat. 1566 
(1977). For ease of reference, EPA will generally refer to the FWPCA 
in this document as the CWA or the Act.
---------------------------------------------------------------------------

    Request to assume CWA section 404 permit program. States and Tribes 
must demonstrate that they meet the statutory and regulatory 
requirements at 40 CFR part 233 for an approvable program. Specified 
information and documents must be submitted by the State or Tribe to 
EPA to request assumption and must be sufficient to enable EPA to 
undertake a thorough analysis of the State or tribal program. The 
information contained in the assumption request submission is provided 
to the other involved federal agencies (e.g., U.S. Army Corps of 
Engineers, U.S. Fish and Wildlife Service, and National Marine 
Fisheries Service) and to the general public for review and comment.
    Permit application information. States and Tribes with assumed 
programs must be able to issue permits that assure compliance with all 
applicable statutory and regulatory requirements, including the CWA 
section 404(b)(1) Guidelines. Sufficient information must be provided 
in the application so that States or Tribes and federal agencies 
reviewing the permit are able to evaluate, avoid, minimize, and 
compensate for any anticipated impacts resulting from the proposed 
project. EPA's assumption regulations at 40 CFR 233.30 establish 
required and recommended elements that should be included in the State 
or Tribe's permit application, so that sufficient information is 
available to make a thorough analysis of anticipated impacts. These 
minimum information requirements generally reflect the information that 
must be submitted when applying for a section 404 permit from the U.S. 
Army Corps of Engineers. (CWA section 404(h); CWA section 404(j); 40 
CFR 230.10, 233.20, 233.21, 233.34, and 233.50; 33 CFR 325)).
    Annual report and program information. EPA has an oversight role 
for assumed section 404 permitting programs to ensure that State or 
tribal programs are in compliance with applicable requirements and that 
State or tribal permit decisions adequately consider, avoid, minimize, 
and compensate for anticipated impacts. States and tribes must evaluate 
their programs annually and submit the results in a report to EPA. 
EPA's assumption regulations at 40 CFR 233.52 establish minimum 
requirements for the annual report.
    The information included in the State or 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.
    Form numbers: None.

[[Page 4070]]

    Respondents/affected entities: Entities potentially affected by 
this action are those States requesting assumption of the CWA section 
404 permit program; States with approved assumed programs; and permit 
applicants for assumed State programs. No Tribes are expected to assume 
at this time.
    Respondent's obligation to respond: Required to obtain or retain a 
benefit (40 CFR 233).
    Estimated number of respondents: Two States to request program 
assumption; 9,022 permit applicants (2,255.5 applications per State); 
and four States with assumed programs (the two current programs and 
potentially two that may be approved under this ICR) which will submit 
an annual report.
    Frequency of response: States will respond one time to request 
assumption; if the program is approved, they will respond annually for 
the annual report; permit applicants will respond one time when 
requesting a permit.
    Total estimated burden: The public reporting and recordkeeping 
burden for this collection of information is estimated to be 165,755.4 
hours per year (1,012 hours to request program assumption times two 
States (2,024 hours) over a three-year period (675 hours); 2,255.5 
permit applications reviewed by four States times 12.7 hours per 
application (114,579.40 hours); 4,511 permit applications in the two 
State-assumed programs times 11 hours per permit application (49,621); 
and 110 hours to prepare an annual report times four State assumed 
programs (440 hours)). The burden to EPA for related activities is 
8,455 hours per year (442 hours to review assumption requests times two 
States (884 hours) over a three-year period (295); 100 permit 
applications times 80 hours per application review (8,000 hours); and 
40 hours to review an annual report times four State assumed programs 
(160 hours). 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, the 
total estimated costs for four programs is $5,641,625.21 and costs to 
permittees in State-assumed programs is $1,266,824.13. There are $0 
capital or operation and maintenance costs. The cost to EPA for related 
activities is $502,251.20 in labor costs (per year), includes $0 
annualized capital or operation and maintenance costs.
    Changes in estimates: There is an increase of 45,250.4 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB (128,960 hours in the current ICR). There are several 
reasons for this increase: (1) A small increase in the estimate of 
hours required to assume a program based on information provided by 
Michigan and New Jersey, the two States that are currently approved by 
EPA to administer a State dredged and fill program; (2) recent changes 
to policy in 2020 addressing endangered species and historic 
preservation requiring additional burden for States and federal 
agencies; (3) this estimate for the first time includes and reports 
burden to State-assumed programs of permit review and burden to 
permittees (prior ICRs did not calculate this burden due to lack of 
data); and (4) adjustments reflecting a small increase in the estimate 
of hours reported for review of permits by Michigan and New Jersey, as 
well as a small increase in the time reported to complete the annual 
report by Michigan. The estimate for number of permits per state has 
been reduced based on data provided by New Jersey and Michigan (down to 
2,255.5 per state from the prior estimate of 2,975).

John Goodin,
Director, Office of Wetlands, Oceans and Watersheds, Office of Water.
[FR Doc. 2021-00904 Filed 1-14-21; 8:45 am]
BILLING CODE 6560-50-P