1
SECTION
I:
PART
A
OF
THE
SUPPORTING
STATEMENT
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
and
Number
of
the
Information
Collection
This
Information
Collection
Request
(
ICR)
is
entitled
"
Participation
by
Disadvantaged
Business
Enterprises
in
Procurement
under
Environmental
Protection
Agency
(
EPA)
Financial
Assistance
Agreements"­
Proposed
Rule,
ICR
Number
[
2047.01].

1(
b)
Short
Characterization
EPA
is
proposing
to
revise
its
Minority
Business
Enterprise
(
MBE)
and
Women's
Business
Enterprise
(
WBE)
Program
and
rename
it
as
EPA's
Disadvantaged
Business
Enterprise
(
DBE)
Program.
EPA
is
proposing
to
delete
existing
MBE
and
WBE
specific
provisions
in
40
CFR
Part
30
(
Grants
and
Agreements
With
Institutions
of
Higher
Education,
Hospitals,
and
Other
Non­
Profit
Organizations),
Part
31
(
Uniform
Administrative
Requirements
for
Grants
and
Cooperative
Agreements
to
State
and
Local
Governments),
Part
35
(
State
and
Local
Assistance),
and
Part
40
(
Research
and
Demonstration
Grants)
and
is
proposing
to
consolidate
and
add
to
these
provisions
in
a
new
Part
33.
Part
33
is
intended
to
harmonize
EPA's
statutory
DBE
procurement
goal
requirements
with
the
United
States
Supreme
Court's
decision
in
Adarand
Constructors,
Inc.
v.
Pena,
115
S.
Ct.
2097
(
1995).
In
Adarand,
the
Supreme
Court
extended
strict
judicial
scrutiny
to
federal
programs
that
use
racial
or
ethnic
criteria
as
a
basis
for
decision
making.
This
proposed
rule
reflects
EPA
efforts
to
ensure
that
the
compelling
government
interest
of
remedying
past
and
current
racial
discrimination
through
the
use
of
agency
wide
DBE
procurement
goals
at
EPA
is
served
by
a
narrowly
tailored
program.

Reporting
and
recordkeeping
requirements
for
EPA's
existing
MBE
and
WBE
specific
provisions
in
40
CFR
Parts
30
and
31
are
covered
by
existing
ICR
control
number
2030­
0020,
with
an
expiration
date
of
December
31,
2002;
an
ICR
renewal
package
has
been
sent
to
OMB
for
approval.
That
ICR
encompasses
EPA's
MBE/
WBE
Reporting
Form
for
MBE/
WBE
Utilization
under
Federal
Grants,
Cooperative
Agreements,
and
Interagency
Agreements
for
all
EPA
financial
assistance
programs,
Form
5700­
52A.
That
ICR
is
not
superseded
by
this
ICR
and
will
remain
in
effect.

MBE/
WBE
reporting
and
recordkeeping
requirements
for
EPA's
Clean
Water
State
Revolving
Fund
(
CWSRF)
Program
codified
in
40
CFR
35.3145(
d)
and
(
e)
are
covered
by
ICR
control
number
2040­
0118,
with
an
expiration
date
of
November
30,
2004;
MBE
and
WBE
reporting
and
recordkeeping
requirements
for
EPA's
Drinking
Water
State
Revolving
Fund
(
DWSRF)
Program,
codified
in
40
CFR
35.3575(
d)
are
covered
by
ICR
control
number
2040­
0185,
with
an
expiration
date
of
June
30,
2003;
MBE/
WBE
reporting
and
recordkeeping
requirements
for
EPA's
Superfund
Program
regulations
are
covered
by
ICR
control
number
2050­
0179,
with
an
expiration
date
of
November
30,
2004.
Those
ICRs
are
not
superseded
by
this
ICR
and
will
remain
in
effect.
2
EPA
is
proposing
to
require
an
entity
to
be
certified
in
order
to
be
considered
an
MBE
or
WBE
under
EPA's
DBE
Program
for
its
financial
assistance
programs.
EPA
is
proposing
to
require
an
MBE/
WBE
to
first
try
to
become
certified
by
a
federal
agency
(
e.
g.,
the
Small
Business
Administration
(
SBA),
or
the
Department
of
Transportation
(
DOT)),
or
by
a
State,
locality,
Indian
Tribe
or
independent
private
organization
so
long
as
their
applicable
criteria
match
those
under
Section
8(
a)(
5)
and
(
6)
of
the
Small
Business
Act
and
applicable
implementing
regulations.
EPA
will
only
certify
firms
that
cannot
get
certified
by
one
of
these
entities.
Accordingly,
EPA,
working
through
Contractors
("
EPA
Private
Certifiers"),
may
certify
some
MBE
and
WBE
contractors.
To
qualify
as
an
MBE
or
WBE
under
EPA's
programs
an
entity
must
establish
that
it
is
owned
and/
or
controlled
by
socially
and
economically
disadvantaged
individuals
who
are
of
good
character
and
are
citizens
of
the
United
States.

EPA
currently
recognizes
an
entity
which
is
certified
as
socially
and
economically
disadvantaged
by
the
SBA,
certified
as
an
MBE
by
a
State
or
Federal
Agency
or
self­
certifies
that
it
is
an
independent
business
concern
owned
and
controlled
by
a
minority
group
member(
s)
as
an
MBE.
See,
e.
g.,
40
CFR
35.6015(
a)(
26).
EPA
currently
does
not
require
WBEs
to
be
certified.

This
information
collection
involves
the
information
which
will
need
to
be
submitted
in
order
for
a
respondent
to
be
certified
by
EPA.
It
also
includes
related
information.

EPA
estimates
that
this
information
collection
will
involve
6,731
respondents
at
a
cost
of
$
1300
each
or
a
total
of
$
8,750,300
over
a
three
year
period.

This
ICR
examines
the
respondent
reporting
and
recordkeeping
requirements
and
associated
hour
and
cost
burden
of
the
proposed
rule
for
the
certification
and
related
requirements.
Increases
in
burden
for
existing
ICRs
resulting
from
the
proposed
rule
that
are
not
certification­
related
(
e.
g.
reporting
and
recordkeeping)
will
be
addressed
in
renewals
for
the
existing
ICRs.

2.
NEED/
AUTHORITY
FOR
THE
COLLECTION
(
2)(
a)
Need/
Authority
for
this
Collection
This
ICR
is
for
the
purpose
of
ensuring
that
EPA's
statutory
DBE
procurement
goal
requirements
are
implemented
in
harmony
with
the
United
States
Supreme
Court's
decision
in
Adarand
Constructors,
Inc.
v.
Pena,
115
S.
Ct.
2097
(
1995).

EPA's
legal
authorities
for
its
DBE
Program
are:

Public
Law
102­
389,
a
1993
appropriations
act
(
42
U.
S.
C.
§
4370d)
(
EPA's
8%
statute),
which
provides
in
pertinent
part:

"
The
Administrator
of
the
Environmental
Protection
Agency
shall,
hereafter,
to
the
fullest
extent
possible,
ensure
that
at
least
8
per
centum
of
Federal
funding
for
prime
and
subcontracts
awarded
in
3
support
of
authorized
programs,
including
grants,
loans
and
contracts
for
wastewater
treatment
and
leaking
underground
storage
tanks
grants,
be
made
available
to
business
concerns
or
other
organizations
owned
or
controlled
by
socially
and
economically
disadvantaged
individuals
(
within
the
meaning
of
Section
8(
a)(
5)
and
(
6)
of
the
Small
Business
Act
(
15
U.
S.
C.
§
637
(
a)(
5)
and(
6)),
including
historically
black
colleges
and
universities.
For
purposes
of
this
section,
economically
and
socially
disadvantaged
individuals
shall
be
deemed
to
include
women..."

Public
Law
101­
549,
Title
X
of
the
Clean
Air
Act
Amendments
of
1990
(
42
U.
S.
C.
§
7601
note)
(
EPA's
10%
statute),
which
provides
in
pertinent
part:

"
In
providing
for
any
research
relating
to
the
requirements
of
the
amendments
made
by
the
Clean
Air
Act
Amendments
which
use
funds
of
the
Environmental
Protection
Agency,
the
Administrator
of
the
Environmental
Protection
Agency
shall,
to
the
extent
practicable,
require
that
not
less
than
10
percent
of
the
total
Federal
funding
for
such
research
will
be
made
available
to
disadvantaged
business
concerns."

3.
NON
DUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Non
Duplication
All
of
the
information
collected
pursuant
to
this
ICR
is
specific
to
the
associated
rulemaking.
To
the
extent
MBEs
and/
or
WBEs
are
certified
by
another
Federal
agency,
there
is
no
duplication
of
effort
involved
for
them
to
become
certified
under
this
rulemaking
since
they
are
not
required
to
obtain
EPA
certification
under
those
circumstances.

3(
b)
Consultations
Over
the
course
of
the
development
of
the
proposed
rule
EPA
has
met
with
key
constituency
groups
to
discuss
the
likely
direction
the
proposed
rule
was
heading.
These
include
discussions
at
the
EPA/
State/
Tribal
Annual
conference
held
in
Albuquerque,
New
Mexico
on
February
2­
4,
1999
attended
by
99
representatives
from
States,
local
governments
and
Indian
Tribes.
In
addition,
EPA
representatives
have
discussed
the
likely
direction
the
proposed
rule
was
heading
at
a
number
of
external
meetings
and
conferences
over
the
course
of
the
past
two
years.
These
include
discussions
with
the
National
Minority
Supplier
Development
Council,
the
National
Environmental
Justice
Action
Committee,
the
Minority
Business
Development
Agency,
the
National
Black
Chamber
of
Commerce,
and
at
the
National
Women's
Small
Business
Summit
and
the
Business
Women's
National
Leadership
Summit.

On
June
19,
2000,
EPA
issued
a
staff
draft
of
a
rulemaking
proposal
for
this
rule.
A
copy
was
posted
on
EPA's
Office
of
Small
and
Disadvantaged
Business
Utilization
(
OSDBU)'
s
website
at
http//:
www.
epa.
gov/
osdbu
and
EPA
requested
public
comments.
EPA
representatives
met
with
4
163
representatives
from
States,
local
governments,
Indian
Tribes
and
affected
businesses
at
the
EPA/
State/
Tribal
Annual
conference
held
in
Albuquerque,
New
Mexico
the
week
of
June
27­
30,
2000,
to
discuss
the
staff
draft.
EPA
sent
out
letters
to
key
constituency
groups,
including
the
National
Governors
Association,
the
U.
S.
Conference
of
Mayors,
the
National
League
of
Cities,
the
National
Conference
of
State
Legislatures,
the
Council
of
State
Governments,
the
International
City/
County
Management
Association,
the
National
Association
of
Counties,
County
Executives
of
America,
the
National
Association
of
Towns
and
Townships
and
the
Associated
General
Contractors
of
America.

Subsequently,
EPA
held
public
meetings
in
Philadelphia,
Pennsylvania
on
November
9,
2000
(
encompassing
Regions
1
and
2),
Chicago,
Illinois
on
December
4,
2000
(
encompassing
Regions
5
and
7),
Dallas,
Texas
on
January
23,
2001,
San
Francisco,
California
on
February
13,
2001,
Atlanta,
Georgia
on
March
6,
2001,
Boston,
Massachusetts
on
April
10,
2001,
Denver,
Colorado
on
April
22,
2001,
and
Seattle,
Washington
on
May
22,
2001
to
discuss
the
staff
draft
rulemaking
proposal.

In
addition,
as
part
of
its
ongoing
consultation
with
tribes,
EPA
representatives
held
meetings
with
Tribal
Officials/
Representatives
in
Boston,
Massachusetts
on
April
11,
2001
and
in
Seattle,
Washington
on
May
23,
2001
to
discuss
the
draft
rulemaking
proposal,
and
met
with
Tribal
Officials/
Representatives
to
discuss
an
earlier
version
of
this
proposed
rule
in
Ocean
Shores,
Washington
during
the
week
of
January
28,
2002.
During
the
comment
period
for
the
staff
draft
EPA
received
a
total
of
41
written
comments.
EPA
has
considered
these
comments
as
well
as
those
received
at
the
June,
2000
Albuquerque
conference
and
has
made
changes
to
the
staff
draft
preamble
and
rule
in
response
to
a
number
of
them,
including
adding
the
proposed
requirement
for
certification
of
women's
business
enterprises.

3(
c)
Effects
of
Less
Frequent
Collection
This
rule
would
not
impose
any
additional
reporting
and
recordkeeping
requirements
on
MBE/
WBE
achievements
that
are
not
already
covered
by
existing
ICR
2030­
0020
which
covers
"
MBE/
WBE
Utilization
under
Federal
Grants,
Cooperative
Agreements,
and
Interagency
Agreements,"
EPA
Form
5700­
52A.
To
the
extent
additional
burden
is
imposed,
EPA
will
adjust
the
burden
hours
when
its
existing
Grants,
Cooperative
Agreements
and
Interagency
Agreements
ICR
2030­
0020
is
renewed
as
well
as
when
the
other
ICRs
which
encompass
MBE/
WBE
reporting
and
recordkeeping
are
renewed.
The
certification
information
collection
activities
under
section
33.205(
a)
are
activity
based.
No
lower
frequency
of
filing
an
annual
affidavit
regarding
an
entity's
status
under
section
33.210(
a)
is
possible.
The
requirement
for
an
entity
certified
by
EPA
as
an
MBE
or
WBE
to
file
an
affidavit
regarding
any
change
in
circumstance
affecting
the
MBE
or
WBE's
ability
to
meet
disadvantaged
status,
ownership
and/
or
control
requirements
or
any
material
change
in
the
information
provided
in
its
application
form,
under
section
33.210(
b),
is
activity
based.

The
requirement
under
section
33.302(
e)
for
a
recipient
to
provide
EPA
Form
6100­
2
­
DBE
Program
Subcontractor
Participation
Form
to
all
DBE
subcontractors
giving
them
the
opportunity
to
describe
the
work
they
received
from
the
prime
contractor,
how
much
the
DBE
subcontractor
was
5
paid,
and
any
other
concerns
the
DBE
Subcontractor
might
have,
is
activity
based.

The
requirement
under
section
33.302(
f)
for
a
recipient
to
require
its
prime
contractor
to
have
any
anticipated
DBE
subcontractors
complete
EPA
Form
6100­
3
­
DBE
Subcontractor
Performance
Form
is
activity
based.

The
requirement
under
section
33.302(
g)
for
a
recipient
to
require
its
prime
contractor
to
complete
and
submit
EPA
Form
6100­
4
­
DBE
Program
Subcontractor
Utilization
Form
as
part
of
the
prime
contractor's
bid
or
proposal
package
is
activity
based.

The
requirement
under
section
33.501
for
a
recipient
to
create
and
maintain
a
bidders
list
is
activity
based.

3(
d)
General
Guidelines
This
rulemaking
is
consistent
with
OMB's
General
Guidelines.

3(
e)
Confidentiality
Information
gathered
as
part
of
the
certification
process
that
may
reasonably
be
regarded
as
proprietary
or
other
confidential
business
information
will
be
safeguarded
from
disclosure
to
unauthorized
persons,
consistent
with
applicable
Federal,
State
and
local
law.
EPA
has
regulations
concerning
confidential
business
information.
See
40
CFR
Part
2
Subpart
B.

3(
f)
Sensitive
Questions
The
requirements
do
not
involve
information
of
a
sensitive
nature.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents/
NAICS
Codes
The
respondents
to
this
collection,
are
basically
entities
in
the
fields
of
construction,
equipment,
services
and
supplies,
who
may
need
to
become
certified
MBEs
or
WBEs
in
order
for
their
participation
in
EPA
funded
financial
assistance
agreements
to
be
counted
towards
EPA's
8%
and
10%
MBE/
WBE
statutory
goals.
The
respondents
include:

Category
of
respondents
NAICS
Code
Architectural,
engineering
and
other
related
services
5413
Architectural
services
(
designing
and
planning
the
development
of
land)
541320
6
Remediation
services
and
other
waste
management
services
56291
Hazardous
waste
treatment
and
disposal
562211
Testing
laboratories
541380
Wastewater
remediation
562211
Construction
equipment
(
wholesale)
421810
Construction
engineering
services
541330
Computer
peripheral
equipment
421430
Computer
systems
design
programming
services
541511
Computer
systems
design
services
541512
Highway
and
street
construction
(
Includes
roadwork)
234110
All
other
heavy
construction
234990
Water
sewer
and
pipeline
construction
234910
Water
treatment
equipment
(
wholesale)
421850
Environmental
consulting
541620
Management
consulting
services
541618
Soil
testing
562910
Water,
supply
and
irrigation
systems
(
water
filtration)
221310
7
Sewage
treatment
facilities
221320
Hazardous
waste
treatment
and
disposal
562211
Long
distance
trucking
of
waste
56211
Office
supplies
453210
Office
machinery
and
equipment
rental
or
leasing
532420
4(
b)
Information
Requested
(
i)
Data
Items,
Including
Recordkeeping
Requirements
Information
requested
as
a
result
of
this
rulemaking
relate
to
the
certification
requirements
contained
in
section
33.205(
a),
to
the
annual
affidavit
required
under
section
33.210(
a),
the
affidavit
required
under
section
33.210(
b)
if
there
are
changes
in
a
certified
MBE
or
WBE's
ability
to
continue
to
meet
DBE
status
requirements
under
section
33.205(
b),
to
the
forms
which
are
required
if
there
are
DBE
subcontractors
involved
in
a
procurement
under
sections
33.302(
e),
(
f)
and
(
g),
and
to
the
requirement
for
a
recipient
to
create
and
maintain
a
bidders
list
under
section
33.501.
Under
Subpart
B
of
the
Rule,
section
33.204,
an
entity
may
become
certified
under
EPA's
8%
and
10%
statutes
under
the
procedures
set
forth
in
33.205.
Federal
certifications
by
the
Small
Business
Administration
(
SBA),
under
its
8(
a)
Business
Development
Program
(
13
CFR
124,
Subpart
A)
or
its
Small
Disadvantaged
Business
(
SDB)
Program
(
13
CFR
124,
Subpart
B)
and
by
the
Department
of
Transportation
(
DOT),
under
its
program
for
Participation
by
Disadvantaged
Business
Enterprises
in
DOT
Programs,
49
CFR
Parts
23
and
26,
are
acceptable
for
EPA
certification
requirements
for
eligible
U.
S.
citizens.
Certifications
by
State,
local,
or
Indian
Tribal
Governments
or
independent
private
organizations
in
accordance
with
EPA's
8%
or
10%
statute
as
applicable
are
also
acceptable
for
EPA
certification
requirements.
Again,
U.
S.
citizenship
is
required
for
certification
eligibility
under
EPA's
DBE
program.

EPA
anticipates
that
the
following
types
of
entities
will
have
to
be
certified
by
EPA:
1.
disabled
American­
owned
firms
under
EPA's
10%
statute;
2.
private
and
voluntary
organizations
controlled
by
individuals
who
are
socially
and
economically
disadvantaged
under
EPA's
10%
statute;
3.
women­
owned
businesses
under
EPA's
8%
and
10%
statutes
who
cannot
get
certified
under
DOT
or
SBA
size
criteria
(
EPA
does
not
have
size
criteria)
or
by
a
State
Government,
Indian
Tribal
Government
or
independent
private
organization
consistent
with
EPA's
8%
or
10%
statute
as
applicable;
4.
DBE
owned
or
controlled
businesses
under
EPA's
8%
statute
(
note­
SBA
and
DOT
require
a
DBE
to
be
owned
and
controlled
by
socially
and
economically
disadvantaged
individuals.
(
as
does
EPA's
10%
statute));
and
5.
Entities
which
are
certified
under
criteria
which
are
inconsistent
with
EPA's
DBE
program
criteria.
It
is
important
to
note
that
to
qualify
as
an
MBE
or
8
WBE
under
EPA
programs
an
entity
must
establish
that
it
is
owned
and/
or
controlled
by
socially
and
economically
disadvantaged
individuals
who
are
of
good
character
and
citizens
of
the
United
States.

An
entity
may
apply
directly
to
EPA,
or
through
an
EPA
Private
Certifier,
to
be
certified
as
an
MBE
or
WBE.
EPA's
Regional
Offices
will
provide
further
information
and
required
application
forms
to
any
entity
interested
in
becoming
certified
by
EPA.

(
ii)
Respondent
Activities
In
order
to
reduce
burden
hours,
EPA
is
proposing
to
use
separate
"
EPA
DBE
Certification
Application"
forms
depending
on
the
entity
seeking
to
be
certified
(
EPA
Form
6100­
1a
for
sole
proprietorships,
EPA
Form
6100­
1b
for
limited
liability
companies,
EPA
Form
6100­
1c
for
partnerships,
EPA
Form
6100­
1d
for
corporations,
EPA
Form
6100­
1e
for
Alaska
Native
Corporations
(
ANCs),
EPA
Form
6100­
1f
for
Tribally
owned
concerns,
and
EPA
Form
6100­
1g
for
private
and
voluntary
organizations
owned
by
individuals
who
are
socially
and
economically
disadvantaged).
This
approach
is
consistent
with
the
approach
taken
by
SBA
in
its
SDB
certification
program.
The
information
will
be
used
to
evaluate
the
MBE
and/
or
WBE
status
of
applicants.

EPA
Form
6100­
2
­
DBE
Program
Subcontractor
Participation
Form,
under
section
33.302(
e),
gives
a
subcontractor
the
opportunity
to
describe
the
work
the
subcontractor
received
from
the
prime
contractor,
how
much
the
subcontractor
was
paid
and
other
concerns
the
subcontractor
might
have,
for
example
reasons
why
the
subcontractor
believes
it
was
terminated
by
the
prime
contractor.
The
information
will
be
used
to
evaluate
whether
prime
contractors
have
tried
to
game
the
system
by
using
"
bait
and
switch"
tactics
in
representing
they
would
use
MBE/
WBE
subcontractors
without
actually
doing
so;
the
information
will
also
be
used
to
determine
whether
any
changes
in
EPA
oversight
are
needed.

EPA
Form
6100­
3
­
DBE
Subcontractor
Performance
Form,
under
section
33.302(
f),
and
EPA
Form
6100­
4
­
DBE
Program
Subcontractor
Utilization
Form
under
section
33.302(
g),
are
intended
to
prevent
any
"
bait
and
switch'
tactics
at
the
subcontract
level
by
prime
contractors
which
may
circumvent
the
spirit
of
the
DBE
Program.

The
requirement
for
a
recipient
to
create
and
maintain
a
bidders
list
under
Section
33.501,
which
would
be
new,
is
intended
to
assist
recipients
in
implementing
the
good
faith
efforts;
such
a
list
also
could
be
used
by
a
recipient
in
establishing
its
MBE/
WBE
fair
share
objectives.
This
requirement
would
apply
to
all
recipients,
including
recipients
under
the
Clean
Water
State
Revolving
Fund,
the
Drinking
Water
State
Revolving
Fund
and
the
Brownfields
Cleanup
Revolving
Loan
Fund.

5.
THE
INFORMATION
COLLECTED­
AGENCY
ACTIVITIES,
COLLECTION,
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
The
following
section
discusses
how
EPA
or
an
EPA
Private
Certifier
will
collect
and
9
manage
the
information
received
from
respondents.

5(
a)
Agency
Activities
EPA
will
review
certification
applications
to
determine
whether
an
entity
is
owned
and/
or
controlled
by
one
or
more
individuals
claiming
disadvantaged
status.
EPA
or
an
EPA
Private
Certifier
will
advise
each
applicant,
within
15
days,
whenever
practicable,
after
receipt
of
an
application,
whether
the
application
is
complete
and
suitable
for
evaluation,
and
if
not,
what
additional
information
or
clarification
is
required,
in
accordance
with
Section
33.205(
b).
EPA
will
make
its
certification
decision
within
30
days
of
receipt
of
a
complete
application
package,
whenever
practicable,
in
accordance
with
Section
33.205(
b).

EPA
will
maintain
a
list
of
certified
MBEs
and
WBEs
as
well
as
a
list
of
approved
EPA
Private
Certifiers
on
EPA's
Home
Page
on
the
Internet
in
accordance
with
Sections
33.205(
d)
and
33.206,
and
33.215,
respectively.
Interested
persons
will
also
be
able
to
obtain
copies
of
these
lists
from
EPA
OSDBU.

EPA
will
safeguard
confidential
business
information
in
accordance
with
40
CFR
Part
2,
Subpart
B,
"
Confidentiality
of
Business
Information."

5(
b)
Collection
Methodology
and
Management
EPA
will
use
the
forms
being
submitted
to
OMB
to
evaluate
MBE/
WBE
certifications.
Similar
forms,
consisting
of
separate
forms
for
corporations,
partnerships,
limited
liability
corporations,
sole
proprietorships,
Alaska
Native
Corporation
(
ANC)
owned
concerns,
and
Tribally
owned
concerns
have
already
been
approved
by
OMB,
ICR
control
Number
3245­
0317,
for
SBA's
SDB
certification
program.
EPA
is
submitting
a
separate
form
for
private
and
voluntary
organizations
owned
by
individuals
who
are
socially
and
economically
disadvantaged
because
they
are
a
separately
designated
group
under
EPA's
10%
statute
whose
structure
as
organizations
is
different
from
the
other
types
of
entities
being
certified.
EPA
will
store
the
data
in
OSDBU's
office
space.
This
collection
of
information
does
not
involve
the
use
of
automated,
electronic,
mechanical
or
other
forms
of
technological
collection
which
permits
electronic
submission
of
responses.

5(
c)
Small
Entity
Flexibility
EPA's
DBE
Program
is
aimed
at
providing
contracting
opportunities
for
small
businesses
owned
and/
or
controlled
by
socially
and
economically
disadvantaged
individuals,
among
others
(
e.
g.,
historically
black
colleges
and
universities)
(
HBCUs).
If
the
proposed
exemption
from
the
fair
share
negotiations
process
for
any
single
assistance
agreement
or
more
than
one
financial
assistance
agreement
with
a
combined
total
of
$
250,000
or
less
in
any
one
fiscal
year
is
adopted,
EPA
believes
that
the
effect
of
the
rule
on
small
entities,
including
small
government
jurisdictions,
would
be
minimal.
Additionally,
under
this
rulemaking
proposal,
small
entity
recipients
would
be
able
to
use
State
Agency
negotiated
MBE/
WBE
goals
if
such
recipients
solicit
bids/
offers
from
a
substantially
10
similar
geographic
market
as
that
State
Agency.
Accordingly,
EPA
believes
that
the
economic
impact
of
this
rule,
if
enacted,
on
small
entities
should
be
minimal.

In
EPA's
view,
this
rule
would
not
affect
the
total
funds
or
business
opportunities
available
to
small
businesses
that
seek
to
work
under
EPA
financial
assistance
programs.
To
the
extent
that
the
provisions
in
this
rulemaking
proposal
(
e.
g.,
with
respect
to
changes
in
the
methods
used
to
set
goals)
lead
to
different
goals
than
those
under
EPA's
current
program
policy,
some
firms
may
gain
and
others
may
lose
business.

EPA
is
unaware
of
any
data
which
would
enable
the
Agency
at
this
time
to
measure
the
distributive
effects
of
the
rulemaking
proposal
on
various
types
of
small
entities.
In
the
preamble
to
the
proposed
rule,
EPA
stated
that
the
agency
continues
to
be
interested
in
the
potential
impacts
of
the
proposed
rule
on
small
entities
and
welcomes
comments
on
issues
related
to
such
impacts,
including
comments
related
to
the
financial
and
time
burden
associated
with
the
requirements
(
including
actual
hours
and
dollars).

5(
d)
Collection
Schedule
Once
certified
by
EPA,
an
entity
will
generally
remain
on
EPA's
list
of
certified
MBEs
and
WBEs
for
a
period
of
three
years
from
the
date
of
its
certification.
To
remain
on
EPA's
list
after
three
years,
an
entity
would
have
to
submit
a
new
application
and
receive
a
new
certification.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
for
Affected
MBEs/
WBEs
Table
6­
1
presents
the
estimated
respondent
burden
and
costs
for
the
information
collection
activities
associated
with
this
rule.

A
conservative
(
high
cost)
scenario
estimate
is
presented
for
the
number
of
respondents
as
well
as
their
burdens
and
costs.
Each
of
EPA's
12
grant­
making
offices
(
10
regions,
headquarters,
and
Cincinnati)
reported
on
their
5700­
52A
forms,
"
MBE/
WBE
Utilization
under
Federal
Grants,
Cooperative
Agreements,
and
Interagency
Agreements",
the
number
of
MBEs/
WBEs
utilized
in
procurement
under
these
agreements.
The
total
number
of
tribal
MBEs/
WBEs
is
unknown
since
fewer
than
10%
of
tribes
submitted
reports.
In
the
absence
of
more
complete
information,
this
analysis
assumes
that
the
total
number
of
tribal
MBEs/
WBEs
is
equal
to
the
total
number
of
MBEs/
WBEs
reported
by
all
grant
and
loan
recipients.
The
number
of
MBEs/
WBEs
needing
to
be
certified
under
affected
tribal
programs
is
likely
to
be
smaller
than
the
3,208
reported
by
grant
and
loan
recipients.
Likewise,
information
on
the
number
of
affected
MBEs/
WBEs
in
the
five
Insular
areas
is
not
available.
The
analysis
assumes
the
number
of
affected
MBEs/
WBEs
for
each
Insular
area
is
equal
to
the
average
number
of
affected
MBEs/
WBEs
per
State,
which
is
63
MBEs/
WBEs.

As
seen
in
Table
6­
1,
the
total
number
of
affected
MBEs/
WBEs
expected
to
incur
costs
to
11
certify
is
6,731
in
the
first
year
of
the
program.
This
is
believed
to
be
a
conservative
number,
because
many
of
these
same
MBEs/
WBEs
will
already
be
certified,
e.
g.,
by
Small
Business
Administration
(
SBA)
or
Department
of
Transportation
(
DOT)
programs,
and
would
therefore
not
be
required
to
incur
additional
expenses
to
be
certified
under
this
rule.
In
addition,
it
is
expected
that
a
substantial
number
of
MBEs/
WBEs
participate
in
more
than
one
procurement
issued
under
the
variety
of
related
government
grant
and
loan
programs.
In
these
cases,
the
MBEs/
WBEs
would
not
be
required
to
incur
the
same
costs
to
be
recertified,
since
they
would
have
already
met
the
requirements
under
a
separate
procurement.
Therefore,
for
purposes
of
calculating
the
total
costs
for
the
three­
year
period
covered
by
the
ICR,
we
assume
that
the
first
year
cost
is
a
suitable
estimate
for
the
total
cost
to
MBEs/
WBEs
required
to
certify
over
the
three
year­
period
of
the
ICR.
The
average
annual
burden
and
costs
are
estimated
by
spreading
the
first
year
cost
over
the
three­
year
period
of
the
ICR,
yielding
a
total
annual
average
burden
of
56,092
hours
and
$
2,916,767
in
costs.

The
burden
hours
and
costs
of
filling
out
MBE/
WBE
certification
forms
for
this
rule
are
also
likely
to
be
lower
than
these
estimates
because
the
numbers
are
derived
from
information
provided
by
the
DOT's
ICR
estimates
for
certification
in
its
analysis
of
burden
hours
(
25
hours
per
certification)
and
costs
($
1,300
per
certification)
under
49
CFR
Part
26.
EPA's
certification
forms
are
more
similar
to
the
SBA's
Small
Disadvantaged
Business
(
SDB)
Certification
Application
Forms
(
OMB
control
number
3245­
0317).
The
SBA
forms
were
expected
to
take
three
hours
to
complete.
Also,
a
certified
MBE/
WBE
would
have
to
file
an
annual
affidavit
affirming
that
no
changes
in
circumstances
had
occurred
which
would
have
affected
the
entity's
status
as
an
MBE
or
WBE.
It
is
estimated
that
this
would
take
about
30
minutes
to
complete.
Therefore,
allowing
for
the
three
hours
for
the
EPA
certification
application
forms,
and
the
half­
hour
to
complete
the
annual
affidavit,
the
total
time
that
might
be
required
to
complete
the
information
collection
activities
associated
with
this
rule
will
be
considerably
less
than
the
25
hours
necessary
to
complete
the
DOT
certification
requirements.
Nevertheless,
in
order
to
provide
a
conservative
estimate
of
the
burden
in
the
ICR
of
the
proposed
rule,
the
analysis
uses
the
25
hour
and
$
1,300
cost
estimate
derived
from
the
DOT
analysis.

Table
6­
1.
Total
Labor
Burden
and
Costs
to
MBE/
WBE
for
Certification
under
State,
Tribal
and
Insular
Funding
Programs
Activities
Total
Estimated
Burden
and
Cost
for
Three
Year
Period
ICR
is
Effective
Average
Annual
Estimated
Burden
and
Cost
Number
of
Affected
MBE
&
WBE
entities
Number
of
Hours
Dollars
Number
of
Affected
MBE/
WBE
entities
Number
of
Hours
Dollars
12
MBE
&
WBEs
under
grant
&
loan
programs
3208
80,200
(
25*
3208)
$
4,170,000
(
3208*$
1,300)
1,069
26,733
$
1,390,133
MBE
&
WBE
under
Tribal
funded
programs
3208
(
same
as
State
total;
~
6
per
tribal
govt.)
80,200
(
25*
3208)
$
4,170,400
(
3208*$
1,300)
1,069
26,733
$
1,390,133
MBE
&
WBE
under
Insular
funded
Programs
315
(
5*
63)
7,875
(
25*
315)
$
409,500
(
315*$
1,300)
105
2,625
$
136,500
Total
Labor
Burden
and
Costs
for
MBE
&
WBE
6,731
168,275
$
8,750,300
2,244
56,092
$
2,916,767
Average
Annual
Labor
Burden
and
Cost
per
MBE
&
WBE
25
hours
$
1,300
Key
Assumptions:

°
All
affected
MBEs/
WBEs
have
not
already
been
certified
by
another
eligible
institution
[
likely
to
result
in
an
overestimate
of
burden
and
cost].
°
No
additional
MBEs/
WBEs
seek
certification
within
the
effective
three
year
period
for
the
ICR
[
likely
to
result
in
an
underestimate
of
burden
and
cost].
°
Number
of
burden
hours
to
complete
certification
forms
(
25
hours)
is
significantly
greater
than
the
estimate
developed
for
SBA
form
(
3
hours)
[
likely
to
result
in
an
overestimate
of
burden
and
cost].

6(
b)
Estimating
all
Grant
Recipient
Burden
and
Costs
and
Loan
Recipient
Burden
and
Costs
The
Agency
has
used
a
conservative
set
of
assumptions
to
calculate
the
costs
to
all
EPA
grant
and
loan
recipients
that
will
have
to
perform
an
availability
analysis
to
meet
the
requirements
of
the
proposed
rule.
To
estimate
the
number
of
affected
recipients,
the
Agency
used
information
assembled
13
for
the
total
number
of
grant
and
loan
recipients
receiving
$
250,000
or
more
from
EPA
over
recent
representative
years.
We
used
data
from
Fiscal
Year
1999
for
affected
governments
and
nongovernmental
entities
receiving
grants,
and
Fiscal
Year
2000
for
affected
governmental
and
nongovernmental
entities
receiving
loans.
Using
burden
and
cost
data
provided
on
sample
availability
analyses
prepared
by
State
government
agencies,
we
estimated
the
median
cost
of
an
availability
analysis
used
to
comply
with
the
proposed
rule
would
require
265
burden
hours
at
a
cost
of
$
5,300
(
using
an
average
labor
cost
of
$
20
per
hour).

Table
6­
2
provides
the
burden
and
cost
estimates
for
affected
grant
and
loan
recipients.
Because
each
availability
analysis
can
be
used
for
up
to
three
years,
we
assume
that
States,
Tribes
and
Insular
governments
will
develop
their
availability
analyses
once
over
the
three­
year
period
of
the
ICR.
Hence,
there
are
no
affected
recipients
in
years
two
and
three.
For
non­
governmental
grant
recipients
affected
by
this
rule,
we
believe
325
will
need
to
prepare
an
availability
analysis
in
the
first
year.
However,
we
expect
that
in
the
second
and
third
years
only
half
as
many
will
need
to
prepare
one.

We
expect
the
number
of
loan
recipients
needing
to
prepare
an
availability
analysis
in
the
first
year
(
822)
to
remain
at
that
level
in
years
two
and
three,
for
a
combined
total
of
2,466
and
$
13,069,000
over
the
three
year
period
of
the
ICR.

The
total
labor
burden
and
cost
estimates
for
preparing
an
availability
analysis
for
grant
and
loan
recipients
are
825,475
hours
and
$
16,509,500
over
the
three
year
period
of
the
ICR.

In
addition
to
the
availability
analysis,
recipients
will
have
other
paperwork
requirements
under
the
proposed
rule.
EPA
has
proposed
three
additional
forms
to
be
used
in
the
program,
each
of
which
is
expected
to
take
approximately
15
minutes
to
complete.
These
include:

1)
DBE
Program
Subcontractor
Participation
Form,
2)
DBE
Program
Subcontractor
Performance
Form,
and
3)
DBE
Program
Subcontractor
Utilization
Form.

In
addition,
a
recipient
would
have
to
review
the
existing
list
of
HUBZone
contractors
maintained
by
the
SBA
and
attempt
to
solicit
such
companies
as
part
of
the
recipient's
good
faith
efforts.
It
is
estimated
that
this
process
will
take
30
minutes
to
complete.
A
recipient
would
also
be
required
to
create
and
maintain
a
bidders
list.
This
requirement
would
take
about
15
minutes
to
complete.
Recordkeeping
requirements
of
the
proposal
would
take
another
approximately
30
minutes.
Therefore
approximately
two
hours
would
be
required
to
complete
these
information
collection
activities.
We
conservatively
estimate
that
the
additional
two
hours
would
be
necessary
for
each
grant
and
loan
recipient
each
year
of
the
ICR.

The
annual
average
burden
and
cost
of
the
rule
are
estimated
to
be
202,548
hours
and
$
4,050,967
as
a
consequence
of
the
proposed
rule.
14
Table
6­
2.
Total
Labor
Burden
and
Costs
to
Affected
Grant
and
Loan
Recipients
Activities
Total
Estimated
Burden
and
Cost
for
Three
Year
Period
ICR
is
Effective
Average
Annual
Burden
and
Cost
Number
of
Affected
Recipients
Number
of
Hours
Dollars
Number
of
Affected
Recipients
Number
of
Hours
Dollars

Grants
Recipients:
States,
Tribes,
&
Insular
govt
Year
1
161
42,665
(
265*
161)
$
853,300
54
14,222
$
284,433
Years
2+
3
0
0
0
Sub­
Total
161
42,665
$
853,300
Grants
Recipients:
Non­
Government
Year
1
325
86,125
(
265*
325)
$
1,722,500
163
43,107
$
862,133
Years
2+
3
163
43,195
(
265*
163)
$
863,900
Sub­
Total
488
129,320
$
2,586,400
Loan
Recipients:

SRFdrinking
&
wastewater;
Brownfields
Year
1
822
217,830
(
265*
822)
$
4,356,600
822
215,830
4,356,600
Years
2+
3
1644
217,830
(
265*
822)
$
8,713,200
Sub­
Total
2466
653,490
$
13,069,800
15
All
recipients
 
ot
her
activities
Years
1­
3
2293
13,758
(
2293*
2hr
s*
3yrs)
275,160
764
4,586
91,720
Total
Labor
Burden
and
Cost
for
Grant
and
Loan
Recipients
Year
1
1308
346,620
$
6,932,400
1,038
275,158
$
5,503,167
Years
2+
3
1807
478.855
$
9,577,100
Total
3115
825,475
$
16,509,500
Average
Annual
Labor
Burden
and
Cost
per
Availability
Analysis
265
hours
$
5,250

Scenario
if
all
affected
Governments
bear
these
burdens
and
costs
in
the
same
(
i.
e.,
first)
year.

Key
Assumptions:
°
Some
percent
of
government
entities
will
already
have
a
suitable
availability
analysis
[
likely
to
result
in
an
overestimate
of
burden
and
cost].
°
Some
percent
of
non­
governmental
entities
will
use
States'
availability
analyses
[
likely
to
result
in
an
overestimate
of
burden
and
cost].
°
The
number
of
new
non­
governmental
grant
recipients
and
all
loan
recipients
seeking
aid
in
the
second
and
third
years
is
assumed
to
be
the
same
as
in
the
first
year.

(
i)
Estimating
Capital
and
Operations
and
Maintenance
Costs
EPA
estimates
that
operations
and
maintenance
costs
for
this
ICR
to
be
zero.

6(
c)
Estimating
Agency
Burden
and
Cost
An
estimate
of
the
annual
EPA
burden
and
costs
associated
with
the
proposed
rule
is
provided
in
Table
6­
3.
We
have
developed
an
estimate
of
the
number
and
type
of
staff
necessary
to
administer
the
monitoring
and
reporting
requirements
in
the
proposed
rule.
Legal,
database
management
and
administrative
support
staff
will
be
required
to
administer
the
program
at
EPA.
The
total
estimated
cost
of
all
labor,
benefits
and
overhead
for
the
Agency
is
42,432
hours
and
$
1,884,320
for
the
three­
16
year
period
the
ICR
is
in
effect.
The
average
annual
burden
is
14,144
hours
and
the
cost
is
$
631,440.
We
assume
there
will
be
additional
costs
to
develop,
administer
and
maintain
a
computer­
based
system
for
MBE/
WBE
certifications,
and
data
from
grant
and
loan
recipient
information
(
including
costs
of
availability
analyses).
The
total
fixed
cost
of
the
computer
system
and
computer
workstations
is
estimated
to
be
$
170,000.
A
maintenance
and
service
contract
to
support
the
computer
system
is
estimated
to
cost
$
30,000
per
year,
giving
a
total
of
$
260,000.
Assuming
the
average
life
of
the
fixed
costs
is
equal
to
the
three
year
period
the
ICR
is
in
effect,
we
spread
the
fixed
costs
over
the
three
years
to
provide
an
average
annual
cost
of
approximately
$
60,000.
Combined
with
the
annual
maintenance
costs
of
$
30,000
yields
a
total
average
annual
cost
for
equipment,
supplies
and
maintenance
of
approximately
$
90,000.

Table
6­
3.
Total
Labor
Burden
and
Costs
to
Agency
to
Operate
DBE
Certification
Program
Activities
Total
Estimated
Burden
and
Cost
for
Three
Year
Period
ICR
is
Effective
Average
Annual
Burden
and
Cost
Number
of
Hours
Dollars
Hours
Dollars
Staff;
wages
and
benefits;
and
overhead
42,432
$
1,624,320
2,080
(
1
Program
Analyst)
3,744
(
1.8
Attorneys)
2,080
(
1
Data
Entry
Clerk)
6,240
(
3
SEE
L­
III
Support)
+
benefits
(
0.6*
wages)
+
overhead
(
0.2*
staff
cost)
$
78,000
$
118,800
$
29,000
$
75,000
$
190,080
$
60,160
Total
14,144
$
541,440
Equipment,
Supplies
and
Maintenance
0
$
260,000
0
$
90,000
Total
Labor
Burden
and
Cost
for
Agency
42,432
$
1,884,320
14,144
$
631,440
Key
Assumptions:

°
Total
number
of
EPA
employees
and
SEE
program
enrollees
required
is
constant
over
time.
°
Lifetime
of
fixed
capital
investment
is
three
years
for
computer
and
set­
up
costs.
°
No
extra
enforcement
costs
estimated.
17
6(
d)
Total
Burden
and
Costs
Table
6­
4
summarizes
the
total
estimated
annual
burden
and
cost
of
the
proposed
rule.
We
estimate
that
the
rule
will
require
345,394
hours
and
cost
$
9,051,373,
estimated
annually,
with
the
vast
majority
of
costs
attributed
to
labor
hours
required
to
meet
the
requirements
of
the
rule.
We
estimate
the
average
annual
labor
burden
for
an
availability
analysis
to
be
265
hours
and
the
wage
rate
to
be
$
20
an
hour
based
on
Virginia's
estimated
wage
rate
for
preparing
an
availability
analysis.
Over
the
first
three
years
of
the
proposed
rule,
the
total
number
of
labor
burden
is
estimated
to
be
1,036,182
hours
with
total
costs
of
$
27,154,120.
The
first
year
of
the
program
is
expected
to
have
higher
costs
than
subsequent
years
because
new
certifications
need
to
be
developed
and
issued,
and
new
availability
analyses
must
be
prepared
by
grant
and
loan
recipients.
Since
the
certifications
and
availability
analyses
both
are
designed
to
have
a
three­
year
useful
life,
they
can
be
reused
by
these
institutions
without
having
to
incur
new
costs
to
participate
in
the
grant
and
loan
programs
covered
under
the
proposed
rule.
Because
of
the
many
other
conservative
assumptions
used
to
generate
the
information
underlying
the
analysis,
we
believe
that
these
total
burden
and
cost
estimates
will
be
higher
than
those
which
will
be
actually
incurred
as
a
result
of
the
rule.

Table
6­
4.
Total
Labor
Burden
and
Costs
for
DBE
Program
Respondents
Total
Estimated
Burden
and
Cost
for
Three
Year
Period
ICR
is
Effective
Average
Annual
Burden
and
Cost
Number
of
Respondents
Total
Burden
Hours
Total
Cost
Number
of
Respondent
s
Total
Burden
Hours
Total
Cost
MBE/
WBE
6,731
168,275
$
8,750,000
2,244
56,092
$
2,916,767
Grant
and
Loan
Recipients
3,115
825,475
$
16,509,503
1,038
275,158
$
5,503,167
Agency
1
42,432
$
1,894,320
1
14,144
$
631,440
TOTAL
9,847
1,036,182
$
27,154,120
3,283
345,394
$
9,051,373
6(
e)
Sensitivity
Analysis
for
Estimate
of
Burden
and
Costs
There
are
a
number
of
assumptions
the
analysis
was
required
to
make
in
order
to
fill
several
missing
pieces
of
information.
Higher
cost
estimates
may
occur
if
additional
hours
are
needed
by
the
States
and
other
recipients
to
perform
an
availability
analysis.
Higher
costs
may
also
occur
if
an
availability
analysis
is
developed
under
contract
and
a
higher
wage
rate
is
needed.

Applying
these
higher
average
costs
for
an
availability
analysis
to
all
entities
required
to
file
an
availability
analysis
under
the
proposed
rule,
the
resulting
change
in
the
total
burden
and
costs
of
the
rule
18
are
summarized
in
Table
6­
5.
For
this
sensitivity
analysis
we
are
using
a
higher
burden
hour
(
1140
hours)
and
wage
rate
of
$
52
an
hour
(
based
on
DOT's
estimated
wage
rate
for
private
labor
used
in
preparing
an
availability
analysis).
These
estimates
resulted
in
a
cost
of
$
59,280
for
each
availability
analysis
(
1140
hours
*
$
52
an
hour)
which
represents
the
upper
end
of
the
central
range
of
cost
estimates
supplied
by
the
States.

Under
these
highly
conservative
sets
of
assumptions,
the
average
annual
cost
of
the
rule
will
be
$
65,208,528
and
require
1,253,936
labor
hours.
The
total
cost
over
the
three­
year
life
of
the
ICR
is
estimated
to
be
$
195,625,583
and
require
about
3,761,807
labor
hours.

Table
6­
5.
Sensitivity
Analysis
for
Total
Labor
Burden
and
Costs
for
DBE
Program
(
High
Unit
Cost
Estimate
for
Availability
Analysis)

Respondents
Total
Estimated
Burden
and
Cost
for
Three
Year
Period
ICR
is
Effective
Average
Annual
Burden
and
Cost
Number
of
Respondents
Total
Burden
Hours
Total
Cost
Number
of
Respondents
Total
Burden
Hours
Total
Cost
MBE/
WBE
6731
168,275
$
8,750,000
2,244
56,092
$
2,916,767
Grant
and
Loan
Recipients
3,115
3,551,100
$
184,657,200
1038
1,183,700
$
61,552,400
Agency
1
42,432
$
2,218,083
1
14,144
$
739,361
TOTAL
9,847
3,761,807
$
195,625,583
3,283
1,253,936
$
65,208,528
Burden
Statement:
The
annual
public
reporting
and
recordkeeping
burden
for
this
collection
of
information
is
estimated
to
average
25
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;
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.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
Part
9.
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
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OA­
2002­
0001,
which
is
available
for
public
viewing
at
the
OEI
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
EPA
Docket
Center
Public
19
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
OEI
Docket
is
(
202)
566­
1752.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
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
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
OA­
2002­
0001
in
any
correspondence.
