[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33281-33282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13426]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2013-0610; FRL-10025-15-OMS]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; correction.

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SUMMARY: EPA published a notice in the Federal Register of May 27, 
2021, requesting comment on a proposed Information Collection Request 
renewal (EPA ICR Number 0220.14, OMB Control Number 2040-0168) being 
submitted to the Office of Management and Budget (OMB) for review and 
approval in accordance with the Paperwork Reduction Act. That notice 
contained errors which need to be corrected.

DATES: Comments must be received on or before July 26, 2021. EPA is 
extending the comment period to provide the public with a full 30 days 
to review and comment on the docket and this revised notice. Comments 
already received in response to the original, May 27, 2021 will be 
considered but may also be supplemented with additional submissions if 
necessary.

FOR FURTHER INFORMATION CONTACT: Kathy Hurld, Oceans, Wetlands and 
Communities Division, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW (4504T), Washington, DC 20460; telephone number: 
202-564-5700; email address:[email protected].

SUPPLEMENTARY INFORMATION:

Correction

    In the Federal Register of May 27, 2021 in notice FR Doc. 2021-
11276, beginning on page 28596, make the following corrections:
    1. On page 25896, third column, in the ``For Further Information 
Contact:'' section, the contact person listed was incorrect. Please 
contact Kathy Hurld using the contact information in the ``For Further 
Information Contact:'' section of this document.
    2. On page 28596, third column, and continuing on the first column 
of page 28597, in the ``Supplementary Information:'' section, correct 
the five full paragraphs of the ``Abstract'' section, to read as 
follow:
    ``Abstract: Section 404(g) of the Federal Water Pollution Control 
Act (FWPCA/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 United States. This ICR covers the 
collection of information that EPA needs to perform its program 
approval and oversight responsibilities and that 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 
conduct an analysis of the state or tribal program. The information 
contained in the assumption request submission is provided to the other 
involved federal agencies 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 assess 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 permit programs to ensure that state or tribal 
programs comply with applicable

[[Page 33282]]

requirements. 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.''
    3. On page 28597, in the first and second columns, the paragraphs 
with the italicized headings: ``Estimated number of respondents:'', '' 
Total estimated burden:'', ``Total estimated cost:'', and ``Changes in 
estimates:'' are corrected to read as follows:
    ``Estimated number of respondents: Two states to request program 
assumption; 11,278 permit applicants; and five state annual reports.''
    ``Total estimated burden: 218,880 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, the 
total estimated costs for five programs is $7,183,445 and costs to 
permittees in state-assumed programs is $1,900,236. There are $0 
capital or operation and maintenance costs.
    Changes in estimates: There is an increase of 89,920 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. There are several reasons for this increase: (1) On 
December 17, 2020, Florida assumed the program; (2) 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 were approved 
by EPA to administer a state dredge and fill program at the time of the 
60 day notice; (3) EPA's new interpretation regarding its obligation to 
conduct consultation under the Endangered Species Act and the National 
Historic Properties Act when considering requests from States and 
Tribes to assume the program; (4) the burden to state permittees has 
been included; and (5) a small increase in the estimated hours for 
permit review by Michigan and New Jersey, for compiling the annual 
report. EPA has reduced its estimate for the number of permits per 
state based on data provided by Michigan and New Jersey.''

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-13426 Filed 6-23-21; 8:45 am]
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