[Federal Register Volume 86, Number 101 (Thursday, May 27, 2021)]
[Notices]
[Pages 28596-28597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11276]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-OW-2013-0610; FRL-10024-55-OMS]


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 (EPA) has submitted an 
information collection request (ICR), Clean Water Act Section 404 
State-Assumed Programs (EPA ICR Number 0220.14, OMB Control Number 
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 of the ICR, which is currently approved through July 
31, 2021. Public comments were previously requested, via Federal 
Register 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: Comments must be received on or before June 28, 2021.

ADDRESSES: Submit your comments to EPA, referencing Docket ID EPA-OW-
2013-0610, online using www.regulations.gov (our preferred method), or 
by mail to: EPA Docket Center, Environmental Protection Agency, Mail 
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460. 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. Submit written comments and 
recommendations to OMB for the proposed information collection within 
30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting 
``Currently under 30-day Review--Open for Public Comments'' or by using 
the search function.

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: [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.
    Abstract: Section 404(g) of the Federal Water Pollution Control Act 
(FWPCA/CWA) 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.
    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 an 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 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 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 can evaluate, avoid, minimize, and compensate for any 
anticipated impacts resulting from the proposed project. EPA's 
assumption regulations at 40 CFR 233.30 establish

[[Page 28597]]

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.
    Respondents/affected entities: 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; and four States with assumed 
programs.
    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: 218,836 hours (per year). Burden is defined 
at 5 CFR 1320.3(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.
    Changes in estimates: There is an increase of 99,174 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. There are several reasons for this increase: (1) A 
small increase in the estimated hours to assume a program based on 
information provided by Michigan and New Jersey; (2) recent changes to 
policy addressing endangered species and historic preservation 
requiring; (3) including burden to State-assumed programs of permit 
review and to permittees; and (4) a small increase in the estimated 
hours for permit review by Michigan and New Jersey and for completing 
the annual report by Michigan. The estimated number of permits per 
state has been reduced based on data provided by New Jersey and 
Michigan.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-11276 Filed 5-26-21; 8:45 am]
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