
[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Pages 25236-25238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10868]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2005-0062; ER-FRL-8990-3]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Procedures for Implementing the National Environmental 
Policy Act and Assessing the Environmental Effects Abroad of EPA 
Actions (Renewal); EPA ICR No. 2243.06, OMB Control No. 2020-0033

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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 August 31, 2010. 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 Tuesday, July 6, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2005-0062, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: trice.jessica@epa.gov.
     Fax: 202-564-0072.
     Mail: Enforcement and Compliance Docket, Environmental 
Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
     Hand Delivery: EPA Headquarters West Building, Room 3334, 
located at 1301 Constitution Ave., NW., Washington, DC 20460. 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-OECA-
2005-0062. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 http://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 http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Jessica Trice, Office of Federal 
Activities, Mail Code 2252A, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-6646; fax number: (202) 564-0072; e-mail address: 
trice.jessica@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-OECA-2005-0062, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Enforcement and 
Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 
3334, 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 Enforcement and 
Compliance Docket is 202-566-1752.
    Use http://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 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.

[[Page 25237]]

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 
certain grant or permit applicants who must submit environmental 
information documentation to EPA for their projects to comply with NEPA 
or Executive Order 12114. The applicant burden for any EPA action 
subject to NEPA and/or Executive Order 12114 that is based on an 
applicant proposal, including Wastewater Treatment Construction Grants 
Program facilities, STAG actions subject to NEPA and new source NPDES 
permits issued by EPA, is addressed in this ICR. EPA's Executive Order 
12114 implementing procedures further the purpose of NEPA and provide 
that EPA may be guided by the CEQ Regulations to the extent they are 
applicable. Therefore, when EPA conducts an environmental assessment 
pursuant to its Executive Order 12114 procedures, the Agency generally 
follows the CEQ Regulations and the procedures in EPA's NEPA 
implementing regulations.
    Title: Agency Information Collection Activities; Proposed 
Collection; Comment Request; Procedures for Implementing the National 
Environmental Policy Act and Assessing the Environmental Effects Abroad 
of EPA Actions (Renewal).
    ICR numbers: EPA ICR No. 2243.06, OMB Control No. 2020-0033.
    ICR status: This ICR is currently scheduled to expire on August 31, 
2010. 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: The National Environmental Policy Act of 1969 (NEPA), 42 
U.S.C. 4321-4347 establishes the Federal government's national policy 
for protection of the environment. The Council on Environmental Quality 
Regulations (CEQ Regulations) at 40 CFR parts 1500 through 1508 
establish procedures implementing the national policy. The CEQ 
Regulations (40 CFR 1505.1) require Federal agencies to adopt and, as 
needed, revise their own implementing procedures to supplement the CEQ 
Regulations and to ensure their decision-making processes are 
consistent with NEPA.
    Those subject to the final NEPA rule include EPA officials who must 
comply with NEPA, and certain grant or permit applicants who must 
submit environmental information documentation to EPA for their 
proposed projects. The final NEPA regulations consolidate and 
standardize the environmental review process applicable to all EPA 
actions subject to NEPA, including those actions now specifically 
addressed in the regulations and other actions subject to NEPA but not 
specifically addressed in the regulations (e.g., certain grants awarded 
for special projects authorized by Congress through the Agency's annual 
Appropriations Act).
    Compliance with the final NEPA regulations is the responsibility of 
EPA's Responsible Officials. For applicant-proposed actions, certain 
procedures apply to applicants (that is grantees and permit applicants) 
who must submit environmental information to EPA as part of the 
environmental review process. The EPA Responsible Official is 
responsible for the environmental review process, including any 
categorical exclusion determination or the scope, accuracy, and 
contents of a final environmental assessment (EA) or environmental 
impact statement (EIS) and any supporting documents.
    The applicant contributes by submitting environmental information 
to EPA as part of the environmental review process. For actions subject 
to NEPA, the Responsible Official may determine that the proposed 
action does not individually or cumulatively have a significant effect 
on the human environment and may, therefore, be categorically excluded 
from further NEPA review. If the proposed action is not categorically 
excluded, the Responsible Official may prepare an EA in order to 
determine whether to prepare an EIS or a finding of no significant 
impact (FONSI). If necessary, the Responsible Official must prepare an 
EIS if the proposed action will have a significant effect on the human 
environment. For applicant-proposed actions, the applicant may submit 
information to the Responsible Official regarding the applicability of 
a categorical exclusion and request a determination by the Responsible 
Official. Unless the applicant-proposed action is categorically 
excluded, the Responsible Official may gather the information and 
prepare the NEPA documents without assistance from the applicant, or 
have the applicant prepare an environmental information document (EID) 
or a draft EA and supporting documents or implement a third-party 
contract agreement with the applicant.
    EPA is collecting information from certain applicants as part of 
the process of complying with either NEPA or Executive Order 12114. 
EPA's NEPA regulations apply to the actions of EPA that are subject to 
NEPA in order to ensure that environmental information is available to 
the Agency's decision-makers and the public before decisions are made 
and before actions are taken. The Part 6 regulations also include EPA's 
procedures implementing Executive Order 12114. These procedures ensure 
that environmental information is available to the Agency's decision-
makers and other appropriate Federal agencies and officials for actions 
subject to Executive Order 12114.
    Whether the NEPA documents are based on environmental information 
developed by the Responsible Official or submitted by the applicant, 
the NEPA review and resulting documents generally rely on the use of 
existing data and information, including data and information from 
other federal agencies, state or local governments, or federally-
recognized Indian tribes with jurisdiction by law or special expertise. 
Whether the NEPA documents are prepared by the Responsible Official or 
based on environmental information submitted by the applicant, the 
quality of the information provided by an applicant must be sufficient 
to enable the Responsible Official to make a decision. This is 
accomplished under EPA's NEPA implementing procedures through: (1) 
Early coordination and

[[Page 25238]]

cooperation with Federal agencies, State and local governments, and 
federally-recognized Indian tribes with jurisdiction by law or special 
expertise (see final rule Sec.  6.202); and (2) the public 
participation process associated with actions other than those 
categorically excluded (see final rule Sec.  6.203). When the 
environmental information is provided by the applicant, the Responsible 
Official is responsible for the statements, analyses, and conclusions 
of the EA or EIS and any supporting documents. The information compiled 
is a one-time submission in narrative text format (see final rule 
Sec. Sec.  6.205 and 6.207) rather than computerized compilations of 
data and information. There are no forms, checklists, or ongoing 
reporting, recordkeeping or file-maintenance requirements for 
applicants. EPA maintains file records for each action.
    The information submitted by applicants would be consistent with 
the guidelines of the Office of Management and Budget (OMB) in 5 CFR 
1320.6. There are no schedule requirements or requirements on the 
number of copies of the documentation to be submitted or requirements 
for ongoing reporting or recordkeeping or to conduct statistical 
surveys.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 123 
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.
    For purposes of this ICR, the total annual public reporting and 
recordkeeping burden for this collection of information is estimated at 
38,472 hours and $3,503,245 for contractor hours and costs, direct 
labor hours and costs, and O&M costs. This burden reflects the annual 
submission of documentation for an anticipated 312 applicant-proposed 
project that may be documented with a CE, or an EA/FONSI, or an EIS/
ROD. For any specific project, only one of these levels of 
documentation is generally prepared.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 312.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 38,472 hours.
    Estimated total annual costs: $3,503,245.

Are there changes in the estimates from the last approval?

    There is a decrease of 9,675 hours in the total estimated 
respondent burden compared with that identified in the ICR currently 
approved by OMB. This decrease reflects the increasing number of 
projects that are documented with a categorical exclusion (CE) rather 
than an environmental assessment (EA). Under the current ICR, 
approximately 60% of the annual 300 grant projects were documented with 
a CE, and 40% with an EA. However, we estimate that out of the 300 
annual grant projects, 75% will be documented with a CE and 25% will be 
documented with an EA. Annually, then, the burden would shift to 10,125 
hours and $3,825 for CE documentation, and 19,500 hours and $3,000 for 
EA documentation. With the current ICR, the total annual burden is 
48,147 hours and $8,673.34. Under the renewal ICR, the total annual 
burden is 38,472 hours and $7,638.34. The renewal ICR reduces the total 
annual burden by 9,675 hours and $1,035. This reflects EPA's 
respondents anticipated during the 3-year ICR renewal period and the 
level of environmental documentation EPA anticipates the respondents 
will submit.

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: April 30, 2010.
Susan E. Bromm,
Director, Office of Federal Activities.
[FR Doc. 2010-10868 Filed 5-6-10; 8:45 am]
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