Agency Information Collection Activities: Proposed Collection; Comment Request; Clean Water Act Section 404 State-Assumed Programs; EPA ICR No. 0220.10, OMB Control No. 2040-0168, 39102-39104 [E6-10842]
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39102
Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Notices
periodic reports. They also are required
to maintain records of the occurrence
and duration of any startup, shutdown,
or malfunction in the operation of an
affected facility, or any period during
which the monitoring system is
inoperative. These notifications, reports,
and records are essential in determining
compliance and are required of all
affected facilities subject to NESHAP.
Respondents also are required to submit
semiannual reports.
Any owner, or operator subject to the
provisions of this part must maintain a
file of these measurements and retain
the file for at least five years following
the collection of such measurements,
maintenance reports, and records. All
reports are sent to the delegated state or
local authority. In the event that there
is no such delegated authority, the
reports are sent directly to the
appropriate EPA regional office.
Burden Statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 17 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.
Respondents/Affected Entities: Clay
ceramics manufacturing facilities.
Estimated Number of Respondents:
10.
Frequency of Response: On occasion,
semiannually and initially.
Estimated Total Annual Hour Burden:
527.
Estimated Total Annual Cost: $3,000
(rounded) includes $2,468 annualized
capital/startup cost and $702 O&M
costs.
Changes in the Estimates: There is an
increase of 342 hours in the total
estimated burden currently identified in
the OMB Inventory of Approved ICR
Burdens. The increase in burden from
the most recently approved ICR is due
to the fact that the number of
respondents has increased at the rate of
one per year over the three-year period
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of this ICR. An increase in the labor rate
also has contributed to the increase.
There has been an increase in the
capital/startup and operations and
maintenance (O&M) costs since the
previous ICR. The reason for this
increase is that we are accounting for
nine respondents with operation and
maintenance costs.
Dated: June 27, 2006.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. E6–10837 Filed 7–10–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2005–0023; FRL–8196–1]
Agency Information Collection
Activities: Proposed Collection;
Comment Request; Clean Water Act
Section 404 State-Assumed Programs;
EPA ICR No. 0220.10, OMB Control No.
2040–0168
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document
announces that EPA is planning to
submit a request to renew an existing
approved Information Collection
Request (ICR) to the Office of
Management and Budget (OMB). This
ICR is scheduled to expire on November
30, 2006. Before submitting the ICR to
OMB for review and approval, EPA is
soliciting comments on specific aspects
of the proposed information collection
as described below.
DATES: Comments must be submitted on
or before September 11, 2006.
ADDRESSES: Submit your comments,
identified by Docket ID number EPA–
HQ–OW–2005–0023, by one of the
following methods:
• https://www.regulations.gov: Follow
the online instructions for submitting
comments.
• E-mail: ow-docket@epa.gov.
• Mail: Office of Water Docket,
Environmental Protection Agency,
Mailcode: 4101T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460.
• Hand Delivery: Office of Water
Docket, Environmental Protection
Agency, Public Reading Room, Room
B102, EPA West Building, 1301
Constitution Ave., NW., Washington,
DC 20004. Such deliveries are only
accepted during the Docket’s normal
hours of operation, and special
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arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OW–2005–
0023. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
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 https://
www.epa.gov/epahome/dockets.htm.
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: 202–566–1348; fax number:
202–566–1349; e-mail address:
hurld.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
How Can I Access the Docket and/or
Submit Comments?
EPA has established a public docket
for this ICR under Docket ID No. EPA–
HQ–OW–2005–0023, which is available
for online viewing at https://
www.regulations.gov, or in person
viewing at the Water Docket in the EPA
Docket Center (EPA/DC), EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC
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Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Notices
Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding legal 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 https://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 public docket, and to
access those documents in the public
docket that are available electronically.
Once in the system, select ‘‘search,’’
then key in the docket ID number
identified in this document.
sroberts on PROD1PC70 with NOTICES
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.
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.
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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.
What Information Collection Activity or
ICR Does This Apply to?
Affected entities: Entities potentially
affected by this action are those States/
Tribes requesting assumption of the
Clean Water Act section 404 permit
program; States/Tribes with approved
assumed programs; and permit
applicants in States/Tribes with
assumed programs.
Title: Clean Water Act Section 404
State-Assumed Programs.
ICR Numbers: EPA ICR No. 0220.10,
OMB Control No. 2040–0168.
ICR status: This ICR is currently
scheduled to expire on November 30,
2006. 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: Section 404(g) of the Clean
Water Act authorizes States [and Tribes]
to assume the section 404 permit
program. States/Tribes must
demonstrate that they meet the statutory
and regulatory requirements (40 CFR
part 233) for an approvable program.
Specified information and documents
must be submitted by the State/Tribe to
EPA to request assumption. 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 deny the State/
Tribe’s assumption request starts. The
information contained in the
assumption request is made available to
the other involved Federal agencies
(Corps of Engineers, U.S. Fish and
Wildlife Service, and National Marine
Fisheries Service) and to the general
public for review and comment. These
minimum information requirements are
based on the information that must be
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submitted when applying for a section
404 permit from the Corps of Engineers.
[33 CFR 328].
States/Tribes must be able to issue
permits that comply with the 404(b)(1)
Guidelines, the environmental review
criteria. States/Tribes and the reviewing
Federal agencies must be able to review
proposed projects to evaluate, avoid,
minimize and compensate for
anticipated impacts. EPA’s assumption
regulations establish recommended
elements that should be included in the
State/Tribes’s permit application, so
that sufficient information is available
to make a thorough analysis of
anticipated impacts. These minimum
information requirements are based on
the information that must be submitted
when applying for a section 404 permit
from the Corps of Engineers (CWA
section 404(h)(1)(A)(i) and section 404(j)
and 40 CFR 230.10, 233.20, 233.21,
233.34, and 233.50) (33 CFR 325.1).
EPA is responsible for oversight of
assumed programs to ensure that State/
Tribal programs are in compliance 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).
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
number. The OMB control numbers for
EPA’s regulations are listed in 40 CFR
Part 9 and 48 CFR Chapter 15 and are
identified on the form and/or
instrument, if applicable.
Burden Statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 520 hours to
request program assumption, 5 hours to
complete a permit application and 80
hours to prepare the annual report per
assumed program. 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
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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 ICR provides a detailed
explanation of the Agency’s estimate,
which is only briefly summarized here:
Estimated total number of potential
respondents: 2 States/Tribes to request
program assumption; 20,000 permit
applicants, 4 assumed States/Tribes.
Frequency of response: On occasion.
Estimated total average number of
responses for each respondent: One
time to request assumption; one time
when requesting a permit; annually for
the annual permit and annual report.
Estimated total annual burden hours:
101,360 (520 hours to request
assumption times two States/Tribes
(1,040 hours); 20,000 permit applicants
times 5 hours per application (100,000
hours); 80 hours per annual report times
4 States/Tribes (320 hours).
Estimated total annual costs: $41,200
(includes $0 annualized capital and
O&M costs).
Are There Changes in the Estimates
From the Last Approval?
There are changes in the estimates
from the last approval. These changes
are to account for increases in wages.
What Is the Next Step in the Process for
This ICR?
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 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 ICR or the
approval process, please contact the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
sroberts on PROD1PC70 with NOTICES
Dated: June 23, 2006.
Diane C. Regas,
Director, Office of Wetlands, Oceans, and
Watersheds.
[FR Doc. E6–10842 Filed 7–10–06; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2003–0162, FRL–8195–5]
Agency Information Collection
Activities; Submission to OMB for
Review and Approval; Comment
Request; Information Collection
Request for Proposed Regional Haze
Regulations (Renewal); EPA ICR No.
1813.06, OMB Control No. 2060–0421
Environmental Protection
Agency.
ACTION: Notice.
AGENCY:
SUMMARY: In compliance with the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document
announces that an Information
Collection Request (ICR) has been
forwarded to the Office of Management
and Budget (OMB) for review and
approval. This is a request to renew an
existing approved collection. The ICR,
which is abstracted below, describes the
nature of the information collection and
its estimated burden and cost.
DATES: Additional comments may be
submitted on or before August 10, 2006.
ADDRESSES: Submit your comments,
referencing Docket ID No. EPA–HQ–
OAR–2003–0162, to (1) EPA online
using https://www.regulations.gov (our
preferred method), by e-mail to a-andr-ddocket@epa.gov or by mail to: EPA
Docket Center, Environmental
Protection Agency, OAR Docket, Mail
Code B102, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460, and (2)
OMB by mail to: Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB),
Attention: Desk Officer for EPA, 725
17th Street, NW., Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT:
Kathy Kaufman, U.S. EPA, Office of Air
Quality Planning and Standards, Air
Quality Policy Division, Mail Code
C539–02, Research Triangle Park, NC;
telephone number: (919) 541–541–0102;
fax number: (919) 541–4589; e-mail
address: kaufman.kathy@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has
submitted the following ICR to OMB for
review and approval according to the
procedures prescribed in 5 CFR 1320.12.
On March 13, 2006 (71 FR 12696), EPA
sought comments on this ICR pursuant
to 5 CFR 1320.8(d). EPA received no
comments. Any additional comments on
this ICR should be submitted to EPA
and OMB within 30 days of this notice.
EPA has established a public docket
for this ICR under Docket ID No. EPA–
HQ–OAR–2003–0162, which is
available for online viewing at https://
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www.regulations.gov, or in person
viewing at the OAR Docket in the EPA
Docket Center (EPA/DC), EPA West,
Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC
Public Reading Room is open from 8
a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Reading Room
is 202–566–1744, and the telephone
number for the Air and Radiation Center
is 202–566–1742.
Use EPA’s electronic docket and
comment system at https://
www.regulations.gov to submit or view
public comments, access the index
listing of the contents of the docket, and
to access those documents in the docket
that are available electronically. Once in
the system, select ‘‘docket search,’’ then
key in the docket ID number identified
above. Please note that EPA’s policy is
that public comments, whether
submitted electronically or in paper,
will be made available for public
viewing at https://www.regulations.gov
as EPA receives them and without
change, unless the comment contains
copyrighted material, confidential
business information (CBI), or other
information whose public disclosure is
restricted by statute. For further
information about the electronic docket,
go to https://www.regulations.gov.
Title: Information Collection Request
for Proposed Regional Haze Regulations
(Renewal).
ICR numbers: EPA ICR No.1813.06,
OMB Control No. 2060–0421.
ICR Status: This ICR is scheduled to
expire on July 31, 2006. Under OMB
regulations, the Agency may continue to
conduct or sponsor the collection of
information while this submission is
pending at OMB. 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 parts 9.
Abstract: This ICR is for activities
related to the implementation of EPA’s
1999 regional haze rule, for the time
period between August 1, 2006 and July
31, 2009. This ICR renews the previous
ICR, which addressed the second three
year time period after the rule was
promulgated. The regional haze rule, as
authorized by sections 169A and 169B
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Agencies
[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Notices]
[Pages 39102-39104]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10842]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2005-0023; FRL-8196-1]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Clean Water Act Section 404 State-Assumed Programs;
EPA ICR No. 0220.10, OMB Control No. 2040-0168
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on November 30, 2006. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.
DATES: Comments must be submitted on or before September 11, 2006.
ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OW-2005-0023, by one of the following methods:
https://www.regulations.gov: Follow the online instructions
for submitting comments.
E-mail: ow-docket@epa.gov.
Mail: Office of Water Docket, Environmental Protection
Agency, Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC
20460.
Hand Delivery: Office of Water Docket, Environmental
Protection Agency, Public Reading Room, Room B102, EPA West Building,
1301 Constitution Ave., NW., Washington, DC 20004. 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 to Docket ID No. EPA-HQ-OW-2005-
0023. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
https://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 https://
www.regulations.gov or e-mail. The https://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 e-mail comment directly to EPA without
going through https://www.regulations.gov your e-mail 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 https://www.epa.gov/
epahome/dockets.htm.
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: 202-566-1348; fax number: 202-566-1349; e-mail address:
hurld.kathy@epa.gov.
SUPPLEMENTARY INFORMATION:
How Can I Access the Docket and/or Submit Comments?
EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OW-2005-0023, which is available for online viewing at
https://www.regulations.gov, or in person viewing at the Water Docket in
the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC
[[Page 39103]]
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal 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 https://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 public docket, and to access those
documents in the public docket that are available 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.
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.
What Information Collection Activity or ICR Does This Apply to?
Affected entities: Entities potentially affected by this action are
those States/Tribes requesting assumption of the Clean Water Act
section 404 permit program; States/Tribes with approved assumed
programs; and permit applicants in States/Tribes with assumed programs.
Title: Clean Water Act Section 404 State-Assumed Programs.
ICR Numbers: EPA ICR No. 0220.10, OMB Control No. 2040-0168.
ICR status: This ICR is currently scheduled to expire on November
30, 2006. 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: Section 404(g) of the Clean Water Act authorizes States
[and Tribes] to assume the section 404 permit program. States/Tribes
must demonstrate that they meet the statutory and regulatory
requirements (40 CFR part 233) for an approvable program. Specified
information and documents must be submitted by the State/Tribe to EPA
to request assumption. 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 deny the
State/Tribe's assumption request starts. The information contained in
the assumption request is made available to the other involved Federal
agencies (Corps of Engineers, U.S. Fish and Wildlife Service, and
National Marine Fisheries Service) and to the general public for review
and comment. These minimum information requirements are based on the
information that must be submitted when applying for a section 404
permit from the Corps of Engineers. [33 CFR 328].
States/Tribes must be able to issue permits that comply with the
404(b)(1) Guidelines, the environmental review criteria. States/Tribes
and the reviewing Federal agencies must be able to review proposed
projects to evaluate, avoid, minimize and compensate for anticipated
impacts. EPA's assumption regulations establish recommended elements
that should be included in the State/Tribes's permit application, so
that sufficient information is available to make a thorough analysis of
anticipated impacts. These minimum information requirements are based
on the information that must be submitted when applying for a section
404 permit from the Corps of Engineers (CWA section 404(h)(1)(A)(i) and
section 404(j) and 40 CFR 230.10, 233.20, 233.21, 233.34, and 233.50)
(33 CFR 325.1).
EPA is responsible for oversight of assumed programs to ensure that
State/Tribal programs are in compliance 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).
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 number. The OMB control numbers for EPA's
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15 and are
identified on the form and/or instrument, if applicable.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 520
hours to request program assumption, 5 hours to complete a permit
application and 80 hours to prepare the annual report per assumed
program. 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
[[Page 39104]]
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 ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
Estimated total number of potential respondents: 2 States/Tribes to
request program assumption; 20,000 permit applicants, 4 assumed States/
Tribes.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent:
One time to request assumption; one time when requesting a permit;
annually for the annual permit and annual report.
Estimated total annual burden hours: 101,360 (520 hours to request
assumption times two States/Tribes (1,040 hours); 20,000 permit
applicants times 5 hours per application (100,000 hours); 80 hours per
annual report times 4 States/Tribes (320 hours).
Estimated total annual costs: $41,200 (includes $0 annualized
capital and O&M costs).
Are There Changes in the Estimates From the Last Approval?
There are changes in the estimates from the last approval. These
changes are to account for increases in wages.
What Is the Next Step in the Process for This ICR?
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 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 ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.
Dated: June 23, 2006.
Diane C. Regas,
Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. E6-10842 Filed 7-10-06; 8:45 am]
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