INFORMATION
COLLECTION
REQUEST:

NPDES
STORM
WATER
PROGRAM
PHASE
II
October
2,
2002
Prepared
for
U.
S.
Environmental
Protection
Agency
Office
of
Wastewater
Management
1200
Pennsylvania
Avenue,
N.
W.
Washington,
DC
20460
Prepared
by
Tetra
Tech,
Inc.
10306
Eaton
Place,
Suite
340
Fairfax,
VA
22030
EPA
Contract
Number
68­
C­
99­
253
EPA
Work
Assignment
Number
2­
15
Tetra
Tech
Project
Number
Q800­
15­
01
TABLE
OF
CONTENTS
1
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
........................................................
1
1(
a)
TITLE
OF
THE
INFORMATION
COLLECTION
.................................................................
1
1(
b)
SHORT
CHARACTERIZATION/
ABSTRACT
......................................................................
1
2
NEED
FOR
AND
USE
OF
THE
COLLECTION
..............................................................................
3
2(
a)
NEED
AND
AUTHORITY
FOR
THE
COLLECTION
..........................................................
3
2(
b)
PRACTICAL
UTILITY
AND
USES
OF
THE
INFORMATION
............................................
4
3
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
..................
6
3(
a)
NONDUPLICATION
.............................................................................................................
6
3(
b)
PUBLIC
NOTICE
REQUIRED
PRIOR
TO
ICR
SUBMISSION
TO
OMB
............................
6
3(
c)
CONSULTATIONS
...............................................................................................................
6
3(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
.................................................................
7
3(
e)
GENERAL
GUIDELINES
.....................................................................................................
7
3(
f)
CONFIDENTIALITY
.............................................................................................................
7
3(
g)
SENSITIVE
QUESTIONS
.....................................................................................................
7
4
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
.................................................
8
4(
a)
RESPONDENTS/
SIC
CODES
...............................................................................................
8
Small
MS4s
..........................................................................................................................
8
Small
Construction
Sites
...........................................................................................................
8
Industrial
Facilities
with
No
Exposure
..........................................................................................
9
4(
b)
INFORMATION
REQUESTED
...........................................................................................
10
Data
Items,
Including
Record
Keeping
Requirements
......................................................................
10
Respondent
Activities
............................................................................................................
17
5
THE
INFORMATION
COLLECTED:
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
.......................................................................................
20
5(
a)
AGENCY
ACTIVITIES
.......................................................................................................
20
5(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
................................................
20
5(
c)
SMALL
ENTITIY
FLEXIBILITY
.......................................................................................
20
Small
MS4
Program
..............................................................................................................
21
Construction
Program
............................................................................................................
21
Industrial
No
Exposure
...........................................................................................................
21
5(
d)
COLLECTION
SCHEDULE
................................................................................................
22
Small
MS4
Program
..............................................................................................................
22
Construction
Program
............................................................................................................
22
Industrial
No
Exposure
...........................................................................................................
22
6
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
...........................................
23
6(
a)
ESTIMATING
RESPONDENT
BURDEN
...........................................................................
23
Burden
on
Small
MS4
Respondents
...........................................................................................
23
Burden
on
Construction
Respondents
.........................................................................................
23
Burden
on
Industrial
No
Exposure
Respondents
............................................................................
24
Burden
on
NPDES­
Authorized
States
.........................................................................................
24
6(
b)
ESTIMATING
RESPONDENT
COSTS
..............................................................................
26
Costs
to
Small
MS4
Respondents
..............................................................................................
26
Costs
to
Construction
Respondents
............................................................................................
27
Costs
to
Industrial
No
Exposure
Respondents
...............................................................................
27
Costs
to
NPDES
Authorized
States
............................................................................................
28
6(
c)
ESTIMATING
AGENCY
BURDEN
AND
COST
................................................................
29
Burden
on
the
Agency
............................................................................................................
29
Agency
Costs
......................................................................................................................
29
6(
d)
ESTIMATING
THE
RESPONDENT
UNIVERSE
AND
TOTAL
BURDEN
AND
COSTS
.
30
Universe
of
Small
MS4
Respondents
.........................................................................................
30
Universe
of
Construction
Respondents
........................................................................................
30
Universe
of
Industrial
No
Exposure
Respondents
...........................................................................
30
Estimating
the
NPDES­
Authorized
State
Universe
.........................................................................
31
Total
Burden
and
Costs
..........................................................................................................
31
6(
e)
BOTTOM
LINE
BURDEN
HOURS
AND
COST
................................................................
33
Respondent
Tally
..................................................................................................................
33
Agency
Tally
.......................................................................................................................
34
Total
Tally
..........................................................................................................................
34
6(
f)
REASON
FOR
CHANGE
IN
BURDEN
..............................................................................
34
6(
g)
BURDEN
STATEMENT
......................................................................................................
35
LIST
OF
EXHIBITS
Exhibit
1.
Burden
on
Each
Small
MS4
Respondent
..........................................................................................................................
23
Exhibit
2.
Burden
on
Each
Construction
Respondent
........................................................................................................................
24
Exhibit
3.
Burden
on
Each
Industrial
No
Exposure
Respondent
.......................................................................................................
24
Exhibit
4.
Burden
on
NPDES
Authorized
States
for
Administration
of
the
Small
MS4
Program
...................................................
25
Exhibit
5.
Burden
on
NPDES
Authorized
States
for
Administration
of
the
Small
Construction
Program
.......................................
25
Exhibit
6.
Burden
on
NPDES
Authorized
States
for
Processing
and
Review
of
Industrial
No
Exposure
Forms
............................
26
Exhibit
7.
Annual
Costs
to
Each
MS4
Respondent
...........................................................................................................................
27
Exhibit
8.
Costs
to
Construction
Respondents
...................................................................................................................................
27
Exhibit
9.
Costs
to
Industrial
No
Exposure
Respondents
..................................................................................................................
28
Exhibit
10.
Costs
to
NPDES
Authorized
States
................................................................................................................................
29
Exhibit
11.
Agency
Costs
...................................................................................................................................................................
30
Exhibit
12.
Number
of
Respondents
..................................................................................................................................................
31
Exhibit
13.
Number
of
Respondents
in
the
NPDES­
Authorized
State
Universe
..............................................................................
31
Exhibit
14.
Total
Respondent
Burden
and
Cost
Estimates
................................................................................................................
32
Exhibit
15.
Total
NPDES
Authorized
State
Burden
and
Costs
.........................................................................................................
33
Exhibit
16.
Annual
Estimated
Respondent
Burden
and
Cost
Summary
............................................................................................
33
Exhibit
17.
Total
Agency
Burden
and
Costs
......................................................................................................................................
34
Exhibit
18.
Change
in
Annual
Burden
and
Costs
...............................................................................................................................
35
Exhibit
19.
Burden
Statement
for
Each
Respondent
..........................................................................................................................
36
Storm
Water
Phase
II
ICR
October
2,
2002
Page
1
1
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
TITLE
OF
THE
INFORMATION
COLLECTION
Title:
NPDES
Storm
Water
Program
Phase
II
EPA
ICR
No.
1820.03
OMB
Control
No.
2040­
0211
1(
b)
SHORT
CHARACTERIZATION/
ABSTRACT
EPA's
National
Pollutant
Discharge
Elimination
System
(
NPDES)
Permitting
Program,
as
authorized
by
the
Clean
Water
Act
(
CWA),
establishes
regulations
for
the
discharge
of
pollutants
to
waters
of
the
United
States,
including
discharges
of
storm
water.
The
first
phase
of
the
regulatory
development
effort
applied
to
eleven
categories
of
storm
water
discharges
associated
with
industrial
activity
and
to
discharges
from
municipal
separate
storm
sewer
systems
located
in
municipalities
with
a
population
of
100,000
or
more.
These
are
known
as
"
Phase
I"
sources.
The
Phase
I
permitting
regulations
were
promulgated
on
November
16,
1990
(
55
FR
47990).

This
Information
Collection
Request
(
ICR)
addresses
Phase
II
of
the
NPDES
storm
water
program.
Under
the
Phase
II
rule,
EPA
regulates
storm
water
discharges
from
construction
sites
with
activities
disturbing
equal
to
or
greater
than
one
acre
and
less
than
five
acres
of
land,
and
municipal
separate
storm
sewer
systems
(
MS4s)
located
in
Bureau
of
the
Censusdesignated
"
urbanized
areas"
that
are
not
previously
regulated
as
a
medium
or
large
MS4.
Additional
construction
sites
and
small
MS4s
may
be
designated
by
the
NPDES
permitting
authority.
NPDES
permits
provide
the
mechanism
for
establishing
appropriate
controls
on
these
Phase
II
sources.
The
Phase
II
rule
also
includes
a
provision
that
allows
industrial
facilities
regulated
under
Phase
I
of
the
NPDES
storm
water
program
to
obtain
an
exclusion
from
NPDES
permitting
requirements
if
they
can
certify
to
a
condition
of
"
no
exposure"
on
their
site.

Permits
were
not
required
for
small
construction
sites
and
regulated
small
MS4s
during
the
first
three
years
of
the
program.
The
data
collection
effort
during
this
first
three­
year
period
has
been
limited
to
the
submittal
and
review
of
no
exposure
certifications
and
some
preliminary
Agency
work
in
developing
specific
program
elements
(
e.
g.,
developing
designation
criteria
for
permitting
certain
small
MS4s
located
outside
of
urbanized
areas).
Permit
applications
for
small
construction
sites
and
small
MS4s
are
due
by
March
10,
2003.

After
permits
for
small
MS4s
and
small
construction
sites
are
issued,
NPDES
permitting
authorities,
including
the
Water
Permits
Division
of
the
EPA
Office
of
Wastewater
Management,
intend
to
use
the
data
contained
in
storm
water
permit
applications,
construction
waiver
certifications,
storm
water
pollution
prevention
plans
(
SWPPPs),
no
exposure
certifications,
and
reports
to
set
appropriate
permit
conditions,
track
discharges
covered
by
Storm
Water
Phase
II
ICR
October
2,
2002
Page
2
storm
water
permits,
and
assess
permit
compliance.
Other
organizations,
including
EPA's
Office
of
Enforcement
and
Compliance
(
OECA)
and
environmental
groups,
will
most
likely
use
the
same
collected
information
to
assess
the
regulated
community's
level
of
compliance
and
to
measure
the
overall
effectiveness
of
the
NPDES
storm
water
program.

It
is
expected
that
respondents
will
submit
information
in
hard
copy
form.
The
information
from
them
will
be
entered
into
a
computer
database
and
the
original
document
will
be
filed.
The
information
will
be
submitted
by
the
respondents
directly
to
each
NPDESauthorized
State
or
Territory,
or
to
EPA
in
areas
where
EPA
is
the
NPDES
permitting
authority.
Plans
are
underway
to
allow
electronic
submission
of
much
of
the
required
information
but
these
options
are
not
included
in
the
ICR.
At
the
time
those
options
become
available,
EPA
will
update
this
information
collection
to
reflect
a
revised
burden
estimate.

The
calculations
performed
for
this
ICR
cover
the
burden
and
costs
for
the
Agency
(
EPA),
NPDES­
authorized
States,
and
three
types
of
respondents,
including
regulated
small
MS4s,
small
construction
sites,
and
industrial
"
no
exposure"
facilities.
This
ICR
estimates
a
burden
of
3,661,312
hours
annually
for
327,118
respondents,
excluding
state
respondents.
Burden
for
the
state
respondents
is
216,885
hours
annually.
Agency
burden
is
36,424
hours
at
a
cost
of
$
1,133,903.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
3
2
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
NEED
AND
AUTHORITY
FOR
THE
COLLECTION
The
purpose
of
the
Clean
Water
Act
(
CWA)
is
to
restore
and
maintain
the
chemical,
physical,
and
biological
integrity
of
the
Nation's
waters.
To
meet
that
end,
the
CWA
establishes
the
NPDES
program
to
regulate
the
discharge
of
any
pollutant
or
combination
of
pollutants
from
point
sources
into
waters
of
the
United
States.

EPA
and
NPDES
permitting
authorities
plan
to
issue
permits
to
discharge
storm
water
under
Phase
II
of
the
NPDES
storm
water
program
and
need
the
information
collection
in
order
to:

 
Ensure
coverage
of
small
regulated
MS4s
and
small
construction
sites,
primarily
under
NPDES
general
permits,

 
Identify
facilities
that
wish
to
forego
NPDES
storm
water
permit
coverage
by
certifying
that
a
condition
of
no
exposure
exists
on
their
site,

 
Identify
the
need
to
issue
an
individual
permit
in
cases
where
a
general
permit
will
not
adequately
meet
the
objectives
of
the
CWA,

 
Provide
a
data
source
with
which
future
NPDES
storm
water
general
permits
will
be
developed
with
appropriate
requirements
and
permit
conditions
that
meet
the
objectives
of
the
CWA,

 
Identify
proper
Best
Management
Practices
in
small
MS4s,

 
Determine
compliance
with
general
permits
and
no
exposure
requirements,

 
Compile
statistics
on
national
permit
issuance,
backlog,
and
compliance
rates,

 
Evaluate
nationwide
or
area­
wide
water
quality,

 
Ensure
consistency
in
storm
water
permitting,

 
Prioritize
permit
issuance
activities,

 
Develop
appropriate
policy
and
budgets,

 
Perform
cost­
benefit
analyses,

 
Respond
to
complaints
from
the
public
of
possible
non­
compliance
with
permit
conditions
or
no
exposure
certifications,
and
Storm
Water
Phase
II
ICR
October
2,
2002
Page
4
 
Respond
to
Congressional
and
public
inquiries.

CWA
Section
402(
a),
as
amended,
authorizes
the
EPA
Administrator
to
issue
permits
for
the
discharge
of
pollutants
if
those
discharges
meet
all
applicable
requirements
of
CWA
Sections
301,
302,
306,
307,
308,
and
403,
or
any
conditions
the
Administrator
determines
are
necessary
to
carry
out
the
provisions
and
objectives
of
the
CWA.
The
authorization
to
issue
permits
for
storm
water
discharges
in
particular
is
provided
at
Section
402(
p).
NPDES
storm
water
regulations
are
found
in
40
CFR
§
122.26.

CWA
Section
308
authorizes
the
Administrator
to
require
the
owner
or
operator
of
any
point
source
to
maintain
records,
submit
reports,
conduct
monitoring
and/
or
sampling,
and
provide
any
other
information
reasonably
necessary
to
carry
out
the
objectives
of
the
Act.
Under
this
authority,
the
Agency
not
only
requires
the
submittal
of
basic
permit
information
or
applications,
but
also
occasionally
requests
information
that
supplements
such
information.
EPA
calls
this
information
request
a
Section
308
Request,
or
a
request
for
supplemental
information.

2(
b)
PRACTICAL
UTILITY
AND
USES
OF
THE
INFORMATION
Information
will
be
collected
from
three
types
of
respondents:
small
MS4s,
small
construction
sites,
and
industrial
no
exposure
facilities.
All
entities
covered
under
the
Phase
II
rule
are
required
to
submit
some
information.
This
information
will
vary
in
its
detail
and
scope
based
on
the
type
of
respondent.
EPA
expects
that
the
majority
of
small
MS4s
and
small
construction
sites
will
use
Notice
of
Intent
(
NOI)
and
Notice
of
Termination
(
NOT)
forms
appropriate
for
the
type
of
permit
they
are
seeking
as
a
means
to
provide
basic
information.
Industrial
facilities
seeking
the
no
exposure
exclusion
from
permitting
will
use
the
No
Exposure
Certification
Form
(
NPDES
Form
3510­
11)

EPA
and
NPDES­
authorized
States
will
use
basic
information
(
i.
e.,
name,
location,
contact
person,
address,
phone
number)
collected
from
regulated
small
MS4s
to
uniquely
identify
each
applicant
seeking
permit
coverage
and
to
establish
a
contact
person.
More
detailed
information
collected
will
be
used
for
identifying
Best
Management
Practices
(
BMPs)
used
within
MS4s,
evaluating
the
effectiveness
of
BMPs,
determining
compliance
with
the
terms
of
the
permit,
identifying
where
problems
associated
with
attaining
the
Maximum
Extent
Practicable
(
MEP)
standard
exist,
and
recommending
adjustment
to
such
problems
and/
or
BMPs
as
necessary.
In
addition,
this
information
can
be
used
further
at
the
time
of
permit
renewal
to
ensure
that
appropriate
measures
are
taken
by
the
operator
to
revise
its
storm
water
control
program
as
needed.
Operators
of
small
MS4s
will
also
be
required
to
provide
annual
reports
that
include
a
self­
assessment
of
progress
toward
measurable
goals
that
were
established
as
permit
conditions.

Like
the
information
collected
from
small
MS4s,
EPA
and
NPDES­
authorized
States
will
use
basic
information
(
i.
e.,
name,
location,
contact
person,
address,
phone
number)
collected
Storm
Water
Phase
II
ICR
October
2,
2002
Page
5
from
small
construction
sites
to
uniquely
identify
each
applicant
seeking
permit
coverage
and
to
establish
a
contact
person.
Operators
of
small
construction
sites
will
also
have
to
provide
information
that
can
be
used
by
the
NPDES
permitting
authority
to
track
the
site's
compliance
with
permit
requirements.
The
NOI
will
request
an
estimate
of
the
likelihood
of
discharge
from
the
construction
site
and
requires
an
indication
of
whether
there
are
any
endangered
or
threatened
species
or
designated
critical
habitat
in
the
project
area,
as
required
by
the
Endangered
Species
Act
(
ESA).
EPA
and
other
NPDES
permitting
authorities
will
use
the
Notice
of
Termination
(
NOT)
to
end
permit
coverage
for
the
construction
site
which
submits
the
NOT,
assuming
that
all
construction
activity
has
ended
or
the
operator
has
changed.

NPDES
permitting
authorities
will
use
information
collected
from
operators
of
Phase
I
industrial
facilities
to
uniquely
identify
each
operator
and
to
ensure
that
a
condition
of
no
exposure
indeed
exists.

Ultimately,
it
is
expected
that
EPA
use
information
collected
under
Phase
II
of
the
storm
water
program
in
conjunction
with
data
that
has
been
and
continues
to
be
collected
under
Phase
I,
allowing
for
more
comprehensive
and
holistic
management
of
pollutant
sources.

All
information
submitted
to
EPA
on
construction
NOIs
and
NOTs
will
be
entered
into
an
EPA­
controlled
database
known
as
the
NOI
Database,
which
is
housed
at
the
NOI
Processing
Center.
The
NOI
Database
provides
EPA
with
an
inventory
of
storm
water
permit
holders
and
industries
applying
for
the
no
exposure
exclusion.
EPA
Headquarters
can
use
the
information
contained
in
the
NOI
Database
to
develop
reports
on
permit
issuance,
backlog,
and
compliance
rates.
EPA
also
expects
to
use
the
information
to
respond
to
public
and
Congressional
inquiries,
develop
and
guide
its
policies,
formulate
its
budgets,
and
manage
its
programs
to
ensure
national
consistency
in
permitting.
NPDES­
authorized
States
are
expected
to
use
the
information
submitted
to
them
in
similar
ways
to
manage
their
individual
programs.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
6
3
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
NONDUPLICATION
EPA
has
examined
all
other
reporting
requirements
contained
in
the
CWA
and
40
CFR
Parts
122,
123,
124,
125,
403,
501,
and
503.
The
Agency
also
has
consulted
the
following
sources
of
information
to
determine
if
similar
or
duplicate
information
is
available
elsewhere:

 
The
EPA
Information
Systems
Inventory,

 
The
EPA
Inventory
of
Information
Collection
Requests,
and
 
The
Federal
Information
Locator
System.

Examination
of
these
databases
revealed
no
duplicate
requirements.
EPA
has
concluded
that
no
government
information
collection
activity
duplicates
the
information
requested
by
the
Phase
II
rule
and
therefore
has
no
other
way
to
obtain
the
information
addressed
in
this
ICR.

3(
b)
PUBLIC
NOTICE
REQUIRED
PRIOR
TO
ICR
SUBMISSION
TO
OMB
The
ICR
was
published
in
the
Federal
Register
on
July
16,
2002
(
67
FR
46662).
The
notice
included
a
request
for
comments
on
the
content
and
impact
on
the
regulated
community.
EPA
received
no
comments
on
the
ICR.

3(
c)
CONSULTATIONS
EPA
finalized
the
requirements
addressed
in
this
ICR
after
receiving
comments
from
the
public
and
the
regulated
community
during
rulemaking.
The
Agency
actively
sought
comment
and
input
as
it
developed
the
regulations
and
allowed
90
days
for
comments
to
be
submitted
on
the
original
ICR,
which
was
published
on
July
19,
1999.
EPA
chartered
a
Federal
Advisory
Committee
under
the
Federal
Advisory
Committee
Act
(
FACA)
that
included
a
Storm
Water
Phase
II
Subcommittee
to
provide
direction,
input,
and
comment
throughout
the
development
of
the
Phase
II
regulations.
The
Subcommittee
consisted
of
a
variety
of
interested
stakeholders
including
industry
and
trade
organizations,
environmental
groups,
environmental
justice
representatives,
and
municipal,
State,
and
public
works
associations.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
7
3(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
The
CWA
prohibits
NPDES
permits
from
having
terms
longer
than
five
years.
It
is
a
statutory
requirement
that
permitted
entities
reapply
for
coverage
under
NPDES
storm
water
permits
before
their
existing
permits
expire,
generally
once
every
five
years.
Similarly,
industrial
activities
claiming
no
exposure
must
notify
their
permitting
authority
at
least
once
every
five
years.

The
Phase
II
rule
requires
operators
of
regulated
small
MS4s
to
submit
reports
to
the
NPDES
permitting
authority
on
an
annual
basis
during
the
first
term,
and
in
permit
years
two
and
four
in
subsequent
permit
terms.
These
reports
must
include
information
on
the
status
of
the
operator's
chosen
storm
water
management
activities
and
practices
(
and
may
include
monitoring
data)
which
will
provide
the
NPDES
permitting
authority
with
information
to
adequately
assess
the
effectiveness
of
the
small
MS4
program.
These
periodic
reports
are
essential
to
provide
the
appropriate
feedback
on
the
MS4'
s
implemented
and
planned
pollutant
controls
for
its
program
and
to
ensure
that
the
MS4
is
in
compliance
with
the
conditions
of
its
permit.
Once
the
information
gathered
and
reports
submitted
during
the
first
permit
term
have
adequately
characterized
the
discharges
and
the
controls
used
to
reduce
the
addition
of
pollutants
to
discharges,
the
need
to
submit
information
regarding
the
performance
of
the
small
MS4
program
decreases.
This
is
reflected
by
the
requirement
that,
instead
of
annual
reports,
the
operator
of
a
regulated
small
MS4
must
submit
a
report
at
the
end
of
years
two
and
four
of
subsequent
permit
terms.

3(
e)
GENERAL
GUIDELINES
This
information
collection
complies
with
Paperwork
Reduction
Act
guidelines
5
CFR
§
1320.5
(
d)(
2).
Requests
for
supplemental
information
for
the
purposes
of
emergency
response
or
enforcement
activities
are
exempt
from
the
Paperwork
Reduction
Act
requirements.

3(
f)
CONFIDENTIALITY
Although
highly
unlikely,
this
information
collection
may
contain
confidential
business
information.
If
this
is
the
case,
the
respondent
may
request
that
such
information
be
treated
as
confidential.
All
confidential
data
will
be
handled
in
accordance
with
40
CFR
§
122.7,
40
CFR
Part
2,
and
EPA's
Security
Manual
Part
III,
Chapter
9,
dated
August
9,
1976.
However,
CWA
§
308(
b)
specifically
states
that
effluent
data
may
not
be
treated
as
confidential.

3(
g)
SENSITIVE
QUESTIONS
This
information
collection
does
not
include
sensitive
questions.
Storm
Water
Phase
II
ICR
October
2,
2002
1
The
full
definition
of
an
MS4
may
be
found
at
40
CFR
§
122.26(
b)(
8)

Page
8
4
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
This
chapter
discusses
the
information
requested
from
regulated
small
MS4s,
small
construction
sites,
and
Phase
I
industrial
facilities
with
no
exposure.

4(
a)
RESPONDENTS/
SIC
CODES
Small
MS4s
An
MS4
is
any
publicly
owned
conveyance
or
system
of
conveyances
(
including
roads
with
drainage
systems,
municipal
streets,
gutters,
and
ditches)
that
is/
are
designed
or
used
for
collecting
or
conveying
storm
water.
1
A
small
MS4
is
any
MS4
not
already
covered
by
Phase
I
of
the
NPDES
storm
water
program
as
a
medium
or
large
MS4.
A
Phase
II
regulated
small
MS4
is
any
small
MS4
that
is:

 
Located
in
a
Bureau
of
the
Census­
designated
urbanized
area,

 
Located
in
an
area
that
meets
the
criteria
for
designation
by
the
NPDES
permitting
authority
(
the
designation
criteria
must
be
applied
to
those
governmental
entities
located
outside
of
an
urbanized
area
with
a
population
of
at
least
10,000
and
a
population
density
of
at
least
1,000
persons
per
square
mile),
or
 
Found
by
the
NPDES
permitting
authority
to
be
contributing
substantially
to
the
storm
water
pollutant
loadings
of
a
physically
interconnected
regulated
MS4.

Small
Construction
Sites
The
construction
activities
subject
to
Phase
II
permit
coverage
include
clearing,
grading,
and
excavation
activities
that
result
in
a
disturbance
of
equal
to
or
greater
than
1
acre
and
less
than
5
acres
of
total
land
area.
Activities
that
disturb
less
than
one
acre
are
not
required
to
submit
a
permit
application
unless
they
are
part
of
a
larger
common
plan
of
development
or
sale
resulting
in
a
planned
disturbance
of
1
acre
or
more,
or
are
designated
by
the
NPDES
permitting
authority
to
be
permitted
due
to
the
potential
to
contribute
to
water
quality
impairment.

Relevant
SIC
codes
may
include
the
following:

 
1522:
General
Contractors
­
Residential
Buildings,
Other
than
Single­
Family
 
1531:
Operative
Builders
Storm
Water
Phase
II
ICR
October
2,
2002
Page
9
 
1541:
General
Contractors
­
Industrial
Buildings
and
Warehouses
 
1542:
General
Contractors
­
Nonresidential
Buildings,
Other
Than
Industrial
Buildings
and
Warehouses
 
1611:
Highway
and
Street
Construction,
Except
Elevated
Highways
 
1622:
Bridge,
Tunnel,
and
Elevated
Highway
Construction
 
1623:
Water,
Sewer,
Pipeline,
and
Communications
and
Power
Line
 
1629:
Heavy
Construction,
Not
Elsewhere
Classified
 
1794:
Excavation
Work
Industrial
Facilities
with
No
Exposure
With
the
Phase
II
rule
came
a
change
in
the
scope
of
facilities
that
could
be
excluded
from
permit
requirements
under
a
provision
of
"
no
exposure".
Formerly,
only
light
industrial
facilities
in
category
(
xi)
of
the
definition
of
storm
water
associated
with
industrial
activity
were
able
to
forego
permit
coverage,
and
then
only
if
a
condition
of
no
exposure
existed.
Phase
II
added
a
new
section
at
40
CFR
§
122.26(
g)
called
the
Conditional
Exclusion
for
No
Exposure
of
Industrial
Activities
and
Materials
to
Storm
Water.
This
new
no
exposure
provision
applies
to
all
classes
of
industrial
activities
discharging
storm
water
that
are
defined
at
40
CFR
§
§
122.26(
b)(
14)(
i)­(
xi),
except
for
construction
activity
defined
at
40
CFR
§
122.26(
b)(
14)(
x)
or
industrial
sources
individually
designated
by
the
NPDES
permitting
authority.
It
excludes
them
from
the
requirement
to
seek
coverage
under
an
NPDES
storm
water
permit
if
they
can
certify
that
they
have
no
exposure
of
industrial
activities,
materials,
or
product
handling
equipment
to
storm
water.

The
affected
categories
include:

 
Category
(
i):
Facilities
subject
to
storm
water
effluent
limitations
guidelines,
new
source
performance
standards,
or
toxic
pollutants
effluent
standards
under
40
CFR,
Subchapter
N,

 
Category
(
ii):
SIC
codes
24
(
except
2434),
26
(
except
265
and
267),
28
(
except
283and
285),
29,
311,
32
(
except
323),
33,
3441,
and
373,

 
Category
(
iii):
SIC
codes
10,
11,
12,
13,
and
14,

 
Category
(
iv):
Hazardous
waste
treatment,
storage,
or
disposal
facilities,
including
those
that
are
operating
under
interim
status
or
a
permit
under
Subtitle
C
of
RCRA,
Storm
Water
Phase
II
ICR
October
2,
2002
Page
10
 
Category
(
v):
Landfills,
land
application
sites,
and
open
dumps
that
receive
or
have
received
any
industrial
wastes
including
those
that
are
subject
to
regulation
under
Subtitle
D
of
RCRA,

 
Category
(
vi):
SIC
codes
5015
and
5093,

 
Category
(
vii):
Steam
electric
power
generating
facilities,
including
coal
handling
sites,

 
Category
(
viii):
Transportation
facilities
classified
as
SIC
codes
40,
41,
42
(
except
4221­
45),
43,
44,
45,
and
5171
which
have
vehicle
maintenance
shops,
equipment
cleaning
operations,
or
airport
de­
icing
operations,

 
Category
(
ix):
Treatment
works
treating
domestic
sewage
or
any
other
sewage
sludge
or
wastewater
treatment
device
or
system,
and
 
Category
(
xi):
SIC
codes
20,
21,
22,
23,
2434,
25,
265,
267,
27,
283,
285,
30,
31
(
except
311),
323,
34
(
except
3441),
35,
36,
37
(
except
373),
38,
39,
4221,
4222,
and
4225.

4(
b)
INFORMATION
REQUESTED
This
section
presents
the
data
items,
including
record
keeping
requirements,
and
required
respondent
activities
involved
in
preparing
and
submitting
those
data
items.

Data
Items,
Including
Record
Keeping
Requirements
Small
MS4s
A
waiver
from
the
permitting
requirements
may
be
available
for
certain
regulated
small
MS4s
as
determined
by
the
NPDES
permitting
authority.
EPA
expects
that
all
waiver
determinations
will
be
made
by
the
NPDES
permitting
authorities
prior
to
issuance
of
the
small
MS4
general
permit,
thus
negating
the
need
to
submit
a
waiver
request.
Therefore,
this
ICR
does
not
include
any
costs
associated
with
a
waiver
request.

Operators
of
small
MS4s
that
are
to
be
covered
under
a
Phase
II
municipal
storm
water
permit
must
prepare
and
submit
a
permit
application
or
NOI,
perform
record
keeping,
and
prepare
and
submit
annual
reports.

EPA
provides
three
options
that
an
operator
can
follow
to
apply
for
Phase
II
permit
coverage:
(
1)
complete
and
file
an
NOI
under
a
general
permit;
(
2)
complete
and
file
an
individual
application
for
an
individual
permit;
or
(
3)
apply
to
be
a
co­
permittee
under
an
existing
Phase
I
MS4
individual
permit
through
a
modification
of
the
permit.
EPA
expects
few
of
the
small
MS4
respondents
to
submit
an
individual
permit
application
or
seek
a
modification
of
an
existing
Phase
I
permit,
due
in
part
to
the
fact
that
the
burden
hours
and
costs
associated
Storm
Water
Phase
II
ICR
October
2,
2002
Page
11
with
a
general
permit
typically
are
less
than
the
burden
and
costs
associated
with
these
other
two
options.
This
ICR
does,
however,
contemplate
a
small
number
of
small
MS4s
submitting
individual
permit
applications,
although
the
burden
associated
with
the
individual
or
general
permit
are
considered
to
be
the
same.
In
fact,
the
Phase
II
rule
includes
simplified
individual
permit
application
requirements
that
are
consistent
with
those
for
the
general
permit
NOI.

Notice
of
Intent
(
NOI)
or
Individual
Permit
Application
Permit
coverage,
and
submittal
of
an
NOI
if
the
general
permit
option
is
chosen
or
a
permit
application
if
the
individual
permit
option
is
chosen,
is
required
under
40
CFR
§
122.33(
a).
The
information
requested
on
the
NOI
or
application
must
include,
at
a
minimum,
the
following
elements:

 
Name
of
the
small
MS4
and
the
name,
address,
and
phone
number
of
a
contact
person
at
the
MS4,

 
A
list
of
the
BMPs
that
are
to
be
implemented
for
each
of
the
six
required
minimum
control
measures,

 
A
schedule
detailing
when
the
BMPs
are
to
be
implemented
and
completed,
or
an
indication
of
the
frequency
of
the
actions
to
be
undertaken,

 
The
measurable
goals
to
be
achieved
for
each
of
the
required
six
minimum
control
measures,
and
 
A
certification
that
the
information
provided
is
true
and
complete.

Annual
Reports
Under
40
CFR
§
122.34(
g)(
3),
the
Phase
II
rule
requires
operators
of
regulated
small
MS4s
to
prepare
and
submit
annual
reports
to
the
NPDES
permitting
authority
during
the
first
fiveyear
permit
term.
EPA
intends
the
report
to
be
either
a
narrative
document,
typically
no
longer
than
two
pages,
or
an
annual
report
form
to
be
provided
by
the
permitting
authorities.
The
rule
requires
the
following
information
to
be
submitted:

 
Status
of
compliance
with
permit
conditions,
including
identified
BMPs
and
progress
toward
achievement
of
measurable
goals
for
each
minimum
measure,

 
Any
information
collected
and
analyzed,
including
monitoring
data,

 
A
summary
of
activities
to
be
undertaken
in
next
reporting
cycle,
and
 
Any
change
in
identified
measurable
goals
that
apply
to
program
elements.

Record
Keeping
Storm
Water
Phase
II
ICR
October
2,
2002
Page
12
Under
40
CFR
§
122.34(
g)(
2),
the
Phase
II
rule
requires
records
related
to
the
permit
application
and
any
supporting
documentation
for
the
annual
reports
to
be
filed
and
kept
for
at
least
three
years.

Small
Construction
Sites
Waiver
Certification
The
Phase
II
rule
allows
for
a
waiver
to
be
provided
to
any
operator
of
a
construction
site
covered
by
Phase
II
that
can
certify
to
at
least
one
of
the
two
waiver
conditions.
To
obtain
a
waiver,
a
written
certification
by
the
operator
must
be
provided
to
the
NPDES
permitting
authority.
The
waiver
conditions
are:

 
Low
rainfall
potential.
The
value
of
the
rainfall
erosivity
factor
("
R"
in
the
Revised
Universal
Soil
Loss
Equation)
must
be
less
than
5
during
the
period
of
construction
activity,
or
 
A
determination
that
storm
water
controls
are
not
needed
based
on
an
EPAapproved
"
total
maximum
daily
load"
(
TMDL)
that
addresses
the
pollutants
of
concern
or,
if
a
TMDL
has
not
been
developed
or
approved,
an
equivalent
analysis
that
determines
sources
and
allocations
for
the
pollutants
of
concern.

The
information
requested
on
the
Waiver
Certification
form
includes,
at
a
minimum,
the
following
elements:

 
Name
and
address
of
the
small
construction
site
operator,
and
 
R
factor
calculation,
including
the
final
calculated
R
factor
for
the
site,
and
 
a
signed
certification
statement.

Notice
of
Intent
(
NOI)
The
rule
requires
operators
covered
under
Phase
II
of
the
storm
water
program
to
complete
an
NOI
or
an
individual
application
and
develop
and
implement
a
storm
water
pollution
prevention
plan
that
includes
proper
erosion
and
sediment
controls.

Storm
water
discharges
associated
with
construction
activity
exist
in
vast
numbers.
EPA
has
recognized
that
the
burden
to
issue
individual
permits
to
each
discharger
would
be
prohibitive.
EPA
expects
to
use,
and
encourage
the
use
of,
a
general
permit
option
and
standardized
application
forms
for
construction
activities
regulated
under
Phase
II.
EPA
expects
that
all
operators
of
Phase
II
construction
sites
will
submit
a
Notice
of
Intent
(
NOI)
for
coverage
under
a
general
permit,
similar
to
the
NOI
required
for
the
Phase
I
construction
permit.

Although
the
rule
allows
the
option
of
submitting
individual
applications
instead
of
an
NOI,
EPA
does
not
anticipate
any
operator
will
choose
this
option.
Because
EPA
expects
no
Storm
Water
Phase
II
ICR
October
2,
2002
2
U.
S.
Environmental
Protection
Agency,
Office
of
Wastewater
Management,
Information
Collection
Request
for
the
Revisions
to
the
National
Pollutant
Discharge
Elimination
System
Permit
Regulation:
Storm
Water
Discharges
(
Washington,
D.
C.:
U.
S.
Environmental
Protection
Agency,
1990).
3
The
1999
ICR
is
published
at
62
FR
29826.

Page
13
respondents
for
this
activity,
the
burden
and
costs
associated
with
the
preparation
and
submittal
of
an
individual
application
are
not
necessary
for
this
ICR.
However,
the
information
required
for
an
individual
application,
Forms
1
and
2F,
was
estimated
in
the
ICR
that
was
developed
to
assess
the
information
collection
burden
of
the
storm
water
regulations
as
promulgated
in
1990.2
Federal
regulations
require,
at
a
minimum,
that
applicants
provide
the
following
information
in
their
NOI:

 
The
legal
name
and
address
of
the
owner
or
operator,

 
The
facility
name
and
address,

 
The
type
of
facility
or
discharges,
and
 
The
name
of
the
receiving
water(
s).

When
NPDES
permitting
authorities
issue
general
permits,
they
may
require
additional
information
to
be
submitted
with
the
NOI
that
is
deemed
necessary
to
ensure
that
facilities
covered
under
the
permits
comply
with
the
objectives
and
provisions
of
the
CWA.
However,
NPDES
permitting
authorities
typically
use
general
permits
to
minimize
the
burden
associated
with
reviewing
application
information.
Consequently,
applicants
are
usually
required
to
provide
simple,
easily
obtainable
data
in
their
NOIs.

EPA
has
issued
an
NOI
that
applies
to
both
Phase
I
and
Phase
II
of
the
construction
storm
water
program.
Entities
within
the
construction
industry
and
their
industry
organizations
are
familiar
with
the
idea
of
an
NOI
as
a
means
of
seeking
coverage
under
Phase
I
of
the
storm
water
program.
This
approach
therefore
avoids
requiring
affected
entities
to
learn
a
new
application
method
or
form.
The
most
recent
ICR
detailing
the
burden
and
costs
associated
with
the
Phase
I
NOI
for
construction
activity
was
prepared
in
19993.

The
following
information
is
requested
in
the
NOI
for
Storm
Water
Discharges
Associated
with
Construction
Activity
Under
an
NPDES
General
Permit
(
OMB
Form
No.
2040­
0188):

 
Name,
address,
and
phone
number
of
the
construction
site
operator,

 
County
in
which
the
construction
site
is
located,

 
Ownership
class
of
the
construction
site
(
i.
e.,
Federal,
State,
public,
or
private),
Storm
Water
Phase
II
ICR
October
2,
2002
Page
14
 
Name
and
location
of
the
construction
site,

 
Whether
the
facility
is
located
on
Indian
Lands,

 
Latitude
and
longitude
of
the
construction
site,

 
Whether
a
SWPPP
has
been
developed,

 
Address
of
the
location
of
the
SWPPP,

 
Estimated
construction
start
date
and
completion
date,

 
Estimated
land
area
to
be
disturbed,

 
An
estimate
of
the
likelihood
of
a
discharge,
and
 
Whether
any
endangered
or
threatened
species
are
in
proximity
to
storm
water
discharges
or
best
management
practices
(
BMPs)
to
be
constructed
for
the
discharges.

NOT
Upon
completion
of
construction
and
final
stabilization
of
the
disturbed
area,
the
operator
of
the
permitted
construction
site
is
required
to
submit
an
NOT
to
the
NPDES
permitting
authority.
Similar
to
an
NOI,
the
NOT
is
an
existing
form
that
is
already
being
used
by
the
operators
of
Phase
I
construction
sites.
The
following
information
is
required
to
be
provided
on
the
NOT:

 
NPDES
storm
water
permit
number,

 
Whether
the
person
filing
the
form
is
no
longer
the
operator
of
the
construction
site,
or
whether
the
discharge
is
being
terminated,

 
Name,
address,
and
phone
number
of
the
site
operator,

 
Name
and
address
of
the
site,

 
The
latitude
and
longitude
of
the
construction
site,
or
quarter,
section,
township,
and
range
if
latitude
and
longitude
is
not
available,

 
A
certification
that
either
the
storm
water
discharge
has
been
eliminated,
or
that
the
person
filing
the
NOT
is
no
longer
the
operator
of
the
construction
site.

Storm
Water
Pollution
Prevention
Plan
(
SWPPP)
As
a
Phase
I
NPDES
construction
permit
condition,
EPA
requires
operators
of
construction
sites
regulated
under
Phase
II
to
develop
a
SWPPP,
the
main
components
of
which
are
required
under
40
CFR
§
122.26(
c)(
1)(
ii).
A
SWPPP
is
typically
kept
on
site
and
not
Storm
Water
Phase
II
ICR
October
2,
2002
Page
15
submitted.
The
development
of
a
SWPPP
is
unique
to
each
construction
site
even
though
they
are
based
on
common
required
elements.
The
SWPPP
must
include:

 
A
site
plan,
including
proper
erosion
and
sediment
controls
and
storm
water
management,

 
A
pollution
prevention
site
map,
and
 
An
inspection
and
maintenance
plan.

Record
Keeping
The
rule
requires
that
the
SWPPP
and
copies
of
the
NOI
(
or
other
permit
application)
or
waiver
certification
be
kept
on
site.
The
SWPPP
also
requires
the
construction
site
owner
or
operator
to
keep
records
of
bi­
weekly
inspections
of
their
BMPs
used
for
erosion
and
sediment
control.
The
operator
must
also
keep
a
copy
of
the
NOT
and
supporting
documentation
on
file
for
a
period
of
three
years.

Industrial
Facilities
with
No
Exposure
No
Exposure
Certification
To
obtain
the
no
exposure
exclusion
from
permitting,
the
Phase
II
rule
requires
operators
of
industrial
facilities
identified
in
the
categories
under
40
CFR
§
122.26(
b)(
14)
to
submit
to
the
NPDES
permitting
authority
a
written
certification
that
a
condition
of
no
exposure
exists.
The
Phase
II
rule
includes
a
form
for
this
purpose
entitled
No
Exposure
Certification
for
Exclusion
from
NPDES
Storm
Water
Permitting,
which
is
included
in
this
ICR
as
Appendix
E.

The
following
information,
requested
in
the
No
Exposure
Certification
for
Exclusion
from
NPDES
Storm
Water
Permitting
form
(
Appendix
E),
is
required
to
be
submitted
in
the
certification:

 
Name,
address,
phone
number
of
facility
operator
 
Name
and
address
of
facility
 
Whether
the
facility
is
located
on
Indian
lands
or
is
a
Federal
Facility
 
The
latitude
and
longitude
location
of
the
facility
 
The
total
size
of
the
site
associated
with
industrial
activity
 
Whether
the
facility
or
site
was
previously
covered
by
a
NPDES
permit
and,
if
so,
the
permit
number
 
The
primary
and
secondary
SIC
codes
for
the
facility
 
Whether
any
formerly
exposed,
pervious
area
has
been
paved
or
roofed
over
and,
if
so,
how
much
Storm
Water
Phase
II
ICR
October
2,
2002
Page
16
 
Whether
any
of
the
following
materials
or
activities
are
exposed
to
precipitation,
now
or
in
the
foreseeable
future:

o
Using,
storing
or
cleaning
industrial
machinery
or
equipment,
and
areas
where
residuals
from
using,
storing
or
cleaning
industrial
machinery
or
equipment
remain
and
are
exposed
to
storm
water
o
Materials
or
residuals
on
the
ground
or
in
storm
water
inlets
from
spills/
leaks
o
Materials
or
products
from
past
industrial
activity
o
Material
handling
equipment
(
except
adequately
maintained
vehicles)

o
Materials
or
products
during
loading/
unloading
or
transporting
activities
o
Materials
or
products
stored
outdoors
(
except
final
products
intended
for
outside
use
[
e.
g.,
new
cars]
where
exposure
to
storm
water
does
not
result
in
the
discharge
of
pollutants)

o
Materials
contained
in
open,
deteriorated
or
leaking
storage
drums,
barrels,
tanks,
and
similar
containers
o
Materials
or
products
handled/
stored
on
roads
or
railways
owned
or
maintained
by
the
discharger
o
Waste
materials
(
except
waste
in
covered,
non­
leaking
containers
[
e.
g.,
dumpsters])

o
Application
or
disposal
of
process
wastewater
(
unless
otherwise
permitted)

o
Particulate
matter
or
visible
deposits
of
residuals
from
roof
stacks
and/
or
vents
not
otherwise
regulated
(
i.
e.,
under
an
air
quality
control
permit)
and
in
quantities
detectable
in
the
storm
water
outflow.

The
certification
must
be
re­
submitted
once
every
five
years.
If
conditions
change
during
the
five­
year
period
such
that
exposure
exists,
the
operator
must
obtain
an
NPDES
permit
immediately.

Under
the
original
Phase
I
no
exposure
provision,
the
operators
of
category
(
xi)
facilities
with
no
exposure
were
not
required
to
notify,
or
certify
to,
the
NPDES
permitting
authority
that
no
exposure
conditions
existed.
They
simply
did
not
submit
a
permit
application.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
17
Respondent
Activities
Small
MS4s
Respondent
activities
can
vary
substantially
depending
on
the
characteristics
of
the
regulated
small
MS4
respondent
and
the
area
being
served.
However,
the
common
activities
for
each
of
the
data
items
listed
are
explained
in
this
section.

Notice
of
Intent
(
NOI)
or
Individual
Permit
Application
Any
particular
regulated
small
MS4
respondent
preparing
and
submitting
an
NOI
or
individual
permit
application
may
engage
in
the
following
types
of
activities:

 
Preparing
basic
information.
This
can
include
reading
instructions
and
regulations
for
application
requirements,
consulting
technical,
legal,
and
political
staff,
reviewing
guidance
materials,
gathering
general
information,
typing
or
completing
forms,
and
mailing
completed
forms
to
the
NPDES
permitting
authority.

 
Gathering
detailed
information.
Detailed
information
gathered
may
include
topographic
maps,
data
on
effluent
characteristics,
financial
estimates
(
i.
e.,
available
funds
and
staff
resources),
engineering
data,
data
on
effective
erosion
and
sediment
and
storm
water
management
BMPs,
data
on
local
development
patterns,
information
on
storm
water
management
programs
and
related
activities
being
performed
by
another
entity,
or
any
information
required
by
the
NPDES
permitting
authorities
to
be
submitted.

 
Maintaining
records.
All
NPDES
permit
applicants
must
keep
records
of
the
data
used
to
complete
their
applications
for
at
least
three
years.
Applicants
may
need
to
develop
a
record
keeping
system,
enter
data,
train
personnel,
and
file
information.

Annual
Reports
Any
particular
regulated
small
MS4
respondent
preparing
and
submitting
an
annual
report
may
engage
in
the
following
types
of
activities:

 
Preparing
basic
information.
This
can
include
reading
instructions
and
regulations
for
report
requirements,
consulting
technical,
legal,
and
political
staff,
reviewing
guidance
materials,
gathering
general
information,
typing
or
completing
forms
or
generating
reports,
and
mailing
completed
forms
or
reports
to
the
NPDES
permitting
authority.

 
Gathering
detailed
information.
Detailed
information
gathered
may
include
progress
reports
from
those
persons/
governmental
departments
responsible
for
implementing
the
chosen
BMPs,
financial
estimates,
monitoring
data,
visual
inspection
data,
compliance/
enforcement
data,
public
opinion
and
awareness
Storm
Water
Phase
II
ICR
October
2,
2002
Page
18
surveys,
or
any
information
required
by
the
NPDES
permitting
authorities
to
be
submitted
with
the
annual
reports.

 
Maintaining
records.
All
NPDES
permit
applicants
must
keep
records
of
the
data
used
to
complete
their
annual
reports
for
at
least
three
years.
Applicants
may
need
to
develop
a
record
keeping
system,
enter
data,
train
personnel,
and
file
information.

Small
Construction
Sites
Respondent
activities
can
vary
substantially,
depending
on
the
type
of
construction
and
the
characteristics
of
the
construction
site.
However,
the
common
activities
for
each
of
the
data
items
listed
are
explained
in
this
section.

Waiver
Certification
Any
particular
construction
respondent
preparing
and
submitting
a
waiver
certification
may
engage
in
the
following
types
of
activities:

 
Preparing
basic
information.
This
can
include
reading
instructions
and
regulations
for
waiver
requirements,
consulting
technical
and
legal
staff,
reviewing
guidance
materials,
gathering
general
information,
typing
or
completing
forms,
and
mailing
completed
forms
and/
or
letters
to
the
NPDES
permitting
authority.

 
Maintaining
records.
All
NPDES
permit
applicants
must
keep
records
of
the
data
used
to
complete
their
certification
form/
letter
for
at
least
three
years.
Respondents
may
need
to
develop
a
record
keeping
system,
enter
data,
train
personnel,
and
file
information.

Notice
of
Intent
(
NOI)
Any
particular
construction
respondent
preparing
and
submitting
an
NOI
may
engage
in
the
following
types
of
activities:

 
Preparing
basic
information.
This
can
include
reading
instructions
and
regulations
for
application
requirements,
consulting
technical
and
legal
staff,
reviewing
guidance
materials,
gathering
general
information,
typing
or
completing
forms,
and
mailing
completed
forms
to
the
NPDES
permitting
authority.

 
Maintaining
records.
All
NPDES
permit
applicants
must
keep
records
of
the
data
used
to
complete
their
applications
for
at
least
three
years.
Applicants
may
need
to
develop
a
record
keeping
system,
enter
data,
train
personnel,
and
file
information.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
19
SWPPP
Any
particular
construction
respondent
developing
a
SWPPP
may
engage
in
the
following
types
of
activities:

 
Preparing
basic
information.
This
can
include
reading
instructions
and
regulations
for
SWPPP
requirements,
consulting
technical
staff,
reviewing
guidance
materials,
gathering
general
site
information
(
e.
g.,
area,
slope,
soils,
runoff
coefficient),
and
developing
a
plan
for
SWPPP
preparation.

 
Gathering
detailed
information.
Detailed
information
gathered
may
include
a
pollution
prevention
site
map,
topographic
maps,
water
flow
process
line
drawings,
data
on
production
levels,
data
on
effluent
characteristics,
financial
estimates,
engineering
data,
data
on
effective
erosion
and
sediment
and
storm
water
management
BMPs,
or
other
information
required
by
NPDES
permitting
authorities
to
be
included
in
a
SWPPP.

 
Maintaining
records.
All
NPDES
permit
applicants
must
keep
records
for
at
least
three
years.
This
includes
generating
records
of
bi­
weekly
inspections
of
the
site
for
proper
implementation
and
maintenance
of
BMs.
Also,
SWPPPs
must
be
maintained
on­
site
for
the
duration
of
the
permit.
Respondents
may
need
to
develop
a
record
keeping
system,
enter
data,
train
personnel,
and
file
information.

NOT
Any
particular
construction
respondent
preparing
and
submitting
an
NOT
may
engage
in
the
following
types
of
activities:

 
Preparing
basic
information.
This
can
include
reading
instructions
and
regulations
for
report
requirements,
consulting
technical
staff,
gathering
general
information,
typing
or
completing
forms,
and
mailing
completed
forms
to
the
NPDES
permitting
authority.

 
Maintaining
records.
All
NPDES
permit
applicants
must
keep
records
of
the
data
used
to
complete
their
NOTs
for
at
least
three
years.

Industrial
Facilities
with
No
Exposure
The
only
respondent
activity
will
be
completion
and
submittal
of
the
no
exposure
certification.
The
level
of
effort
involved
in
this
activity
may
vary
substantially,
depending
on
the
size
and
number
of
activities
occurring
at
an
industrial
site.
However,
any
particular
industrial
no
exposure
respondent
may
be
expected
to
engage
in
the
following
types
of
activities:

 
Preparing
basic
information.
This
can
include
reading
instructions
and
regulations
for
no
exposure
requirements,
consulting
technical
and
legal
staff,
reviewing
guidance
materials,
gathering
general
information,
typing
or
Storm
Water
Phase
II
ICR
October
2,
2002
Page
20
completing
forms,
and
mailing
completed
forms
to
the
NPDES
permitting
authority
and
the
operator
of
the
MS4
that
the
industrial
site
discharges
into.

 
Gathering
detailed
information.
Detailed
information
gathered
may
include
visual
inspection
information,
an
inventory
of
site
activities
and
materials,
or
any
information
required
by
NPDES
permitting
authorities
to
be
submitted
with
the
no
exposure
certification.

 
Maintaining
records.
All
NPDES
permit
applicants
must
keep
records
of
the
data
used
to
complete
their
certifications
for
at
least
three
years.
Applicants
may
need
to
develop
a
record
keeping
system,
enter
data,
train
personnel,
and
file
information.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
21
5
THE
INFORMATION
COLLECTED:
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
AGENCY
ACTIVITIES
The
Agency's
activities
as
the
NPDES
permitting
authority
for
six
States
and
all
U.
S.
Territories
except
the
Virgin
Islands
are
exactly
the
same
as
the
activities
of
the
44
NPDES
authorized
States
and
the
Virgin
Islands
and
consist
of
the
following:

 
Processing
and
reviewing
small
MS4
NOIs
and
annual
reports,

 
Processing
and
reviewing
construction
permit
waiver
certifications,
NOIs,
and
NOTs,
and
 
Processing
and
reviewing
industrial
no
exposure
certifications.

5(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
In
collecting
and
analyzing
the
information
associated
with
this
ICR,
EPA
will
use
paperbased
forms,
personal
computers,
and
a
database
to
ultimately
store
the
information.
EPA
will
ensure
accuracy
and
completeness
of
the
information
by
reviewing
each
submittal.
Any
form
that
is
considered
inaccurate
or
incomplete
will
not
be
accepted
and
will
be
returned
to
the
sender
with
a
letter
requesting
the
missing
and/
or
inaccurate
information.

In
the
future,
EPA
plans
to
analyze
the
use
of
Internet­
based
forms
to
facilitate
the
transfer
of
information
such
as
NOIs,
NOTs,
annual
reports,
and
waiver
requests
between
the
regulated
community
and
EPA
to
see
if
there
are
any
potential
reductions
in
burden
or
costs.
The
main
roadblock
in
allowing
submittals
via
the
Internet
is
the
need
for
a
signed
certification
on
each
form.
EPA
has
proposed
a
regulation
to
allow
electronic
reporting
that
will
include
these
documents.
Upon
promulgation,
that
rule
will
address
changes
in
burden
and
costs
associated
with
electronic
submission
of
the
data
described
herein.

5(
c)
SMALL
ENTITIY
FLEXIBILITY
Phase
II
of
the
storm
water
program
is
subject
to
the
requirements
of
the
Regulatory
Flexibility
Act
of
1980
(
RFA)
as
amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
(
SBREFA).
For
the
SBREFA
analysis,
EPA
used
the
definitions
of
small
businesses,
municipalities,
and
not­
for­
profit
organizations
established
by
the
Small
Business
Administration
(
SBA)
and
the
RFA.
The
SBA
defines
small
businesses
based
on
Standard
Industrial
Classification
(
SIC)
and
size
standards
expressed
either
in
number
of
employees
or
annual
receipts
in
millions
of
dollars
(
13
CFR
§
121.20).
To
evaluate
the
economic
impact
on
Storm
Water
Phase
II
ICR
October
2,
2002
Page
22
small
entities
involved
in
the
construction
activity
affected
by
the
rule,
EPA
looked
at
the
number
of
building
contractors
considered
to
be
small
businesses.
For
this
SIC
(
SIC
15XX),
the
size
standard
is
up
to
$
17
million
in
annual
revenues.
As
part
of
rulemaking,
EPA
estimated
that
approximately
187,610
small
construction
businesses
met
this
definition,
out
of
a
total
of
189,453
covered
by
the
rule.

The
RFA
defines
small
governmental
jurisdictions
and
organizations
(
U.
S.
EPA,
1992).
A
small
government
is
the
government
of
a
city,
county,
town,
school
district,
or
special
district
or
tribal
jurisdiction
with
a
population
of
fewer
than
50,000.
EPA
identified
4,746
small
governments
that
meet
this
definition
and
are
covered
by
the
rule.
A
small
organization
is
any
not­
for­
profit
enterprise
that
is
independently
owned
and
operated,
and
is
not
dominant
in
its
field.
EPA
did
not
identify
any
not­
for­
profit
organizations
that
would
be
affected
by
the
rule.

Over
the
last
few
years,
EPA
has
reduced
reporting
burdens
on
entities
of
all
sizes.
Applicants
for
storm
water
permits,
for
instance,
do
not
need
to
submit
any
sampling
data.
The
Agency
specifically
developed
the
general
permit
procedures
to
greatly
reduce
burden
hours
and
costs
associated
with
the
individual
application
process.

Small
MS4
Program
EPA
believes
that
the
application
requirements
in
the
Phase
II
rule
provide
the
minimum
information
required
to
adequately
assess
the
current
and
future
impacts
of
the
small
MS4
discharges
upon
waters
of
the
United
States.
The
NOI
and
individual
permit
application
requirements
for
regulated
small
MS4s
represent
substantially
reduced
application
requirements
from
those
of
the
Phase
I
storm
water
regulation
for
medium
and
large
MS4s.

Construction
Program
The
construction
NOI,
which
EPA
expects
will
be
by
far
the
most
widely
used
form
of
application
for
construction
sources,
requests
minimal
information
required
to
characterize
the
facility
and
the
construction
activity;
the
estimated
time
to
complete
is
3.7
hours.
NOIs
are
submitted
infrequently,
typically
once
for
each
construction
activity;
twice
if
the
construction
activity
continues
beyond
the
expiration
date
of
the
general
permit.
The
rule
allows
the
NPDES
permitting
authority
the
discretion
not
to
require
submittal
of
NOIs
under
their
general
permit
for
Phase
II
construction
sources.
Even
through
they
have
this
option,
EPA
expects
that
all
NPDES
permitting
authorities
will
require
NOIs
(
or
something
similar)
for
tracking
purposes.

Industrial
No
Exposure
In
general,
the
no
exposure
provision
of
the
Phase
II
rule
allows
regulatory
relief
for
small
industrial
entities
with
no
exposure.
For
a
few
small
entities,
defined
later
in
this
ICR,
the
information
collection
burden
will
increase
slightly
by
an
estimated
45
minutes
due
to
the
need
to
submit
a
waiver
certification.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
23
5(
d)
COLLECTION
SCHEDULE
Small
MS4
Program
NOI
and
Individual
Permit
Application
Federal
regulations
specify
that
permits
be
issued
for
a
maximum
five­
year
term.
Therefore
permittees
must
reapply
for
permits
at
least
every
five
years,
although
the
regulations
grant
permit
writers
the
authority
to
impose
more
frequent
reissuance.
When
calculating
burden,
this
ICR
assumes
that
all
permit
applicants
follow
this
schedule.

Annual
Reports
The
operators
of
regulated
small
MS4s
must
submit
reports
annually
during
the
first
permit
term,
which
will
be
a
five­
year
term
in
most
cases.

Construction
Program
Waiver
Certification
The
waiver
certification
is
to
be
submitted
prior
to
the
start
of
construction
activity.

NOI
Federal
regulations
require
that
general
permits
be
issued
for
a
maximum
five­
year
term.
Therefore
permittees
must
reapply
for
permits
at
least
every
five
years,
although
the
regulations
grant
permit
writers
the
authority
to
impose
more
frequent
reissuance.
All
small
construction
sites
that
wish
to
be
covered
under
a
general
permit
must
apply
for
the
general
permit
that
is
available
at
the
time.
When
calculating
burden,
this
ICR
assumes
that
all
permit
applicants
follow
this
schedule.

SWPPP
The
SWPPP
is
typically
not
collected
from
construction
operators
unless
the
permitting
authority
finds
it
necessary
to
review
it
for
compliance
assurance
purposes.

NOT
An
NOT
is
submitted
once
for
a
construction
site
when
coverage
under
the
permit
is
no
longer
necessary.

Industrial
No
Exposure
No
Exposure
Certification
Similar
to
an
NOI,
a
no
exposure
certification
must
be
submitted
to
the
NPDES
permitting
authority
at
least
once
every
five
years.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
24
6
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
ESTIMATING
RESPONDENT
BURDEN
This
section
presents
estimated
respondent
burden
for
each
information
request
under
the
Phase
II
rule.
The
respondents
include
regulated
small
MS4s,
small
construction
sites,
and
Phase
I
industrial
facilities
with
a
condition
of
no
exposure.
The
44
NPDES­
authorized
States
are
also
included
as
respondents
in
this
section.

Burden
on
Small
MS4
Respondents
The
respondent
activities
for
operators
of
regulated
small
MS4s
include
the
submittal
of
an
NOI
or
individual
permit
application,
record
keeping,
and
the
preparation
and
submittal
of
annual
reports.
Total
burden
estimates
for
regulated
small
MS4s
come
directly
from
Economic
Analysis
of
the
Final
Phase
II
Storm
water
Rule,
EPA
833­
R­
99­
007,
October
1999
(
hereinafter
"
Economic
Analysis"),
and
are
presented
here
in
Exhibit
1.
Annual
burden
is
estimated
by
dividing
the
total
burden
incurred
over
a
five­
year
permit
term
by
five.
The
MS4
NOI/
permit
application
burden
estimates
provided
in
the
following
exhibits
are
presented
as
"
NOI"
estimates
but
do
include
those
MS4s
that
opt
to
use
the
individual
permit
application
option
available
in
40
CFR
§
122.33(
b)(
2).

Exhibit
1.
Burden
on
Each
Small
MS4
Respondent
Informa
tion
Colle
ction
Activity
Five
­
Ye
a
r
MS4
Burde
n
(
hours)
Annua
l
MS4
Burde
n
(
hours)

NOI
preparation
&
submittal
30
6.0
Record
keeping
14
2.8
A
nnual
report
preparation
&
subm
ittal
240
48.0
Tota
l
284
56.8
Burden
on
Construction
Respondents
The
respondent
activities
for
construction
sources
include
the
preparation
and
submittal
of
a
waiver
certification
or
the
preparation
and
submittal
of
an
NOI,
the
development
of
a
SWPPP,
record
keeping,
and
the
preparation
and
submittal
of
an
NOT.
All
burden
estimates
for
small
construction
respondents
come
directly
from
the
Economic
Analysis
and
are
presented
in
Exhibit
2.
Although
construction
activities
may
be
covered
by
an
NPDES
permit
for
five
years
or
longer,
based
on
data
from
EPA's
NOI
Processing
Center,
the
mean
and
median
duration
of
permit
coverage
is
approximately
one
year.
As
such,
burden
estimates
for
each
construction
permittee
are
based
on
operation
for
one
year.
Estimates
are
based
on
the
steps
necessary
to
determine
eligibility
under
the
Phase
II
rule's
construction
waiver
provision
and
the
permit
application,
record
keeping,
SWPPP
requirements,
and
NOT
for
Phase
I
construction
activities.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
25
The
estimated
burden
of
22.7
hours
for
development
of
the
SWPPP
represents
the
median
value
of
the
low
(
10.6
hours)
and
high
(
34.7
hours)
burden
estimates
determined
in
the
Economic
Analysis
for
the
Phase
II
rule.

Exhibit
2.
Burden
on
Each
Construction
Respondent
Informa
tion
Colle
ction
Activity
Estima
ted
Annual
Burden
on
Each
Construction
Re
spondent
(
hours)

Waiver
certification
preparation
&
submittal
1.0
Tota
l
1.0
NOI
preparation
&
submittal
3.7
Development
of
SWPPP
22.7
Record
keeping
1.0
NOT
preparation
&
submittal
0.5
Tota
l
27.9
Construc
tion
W
aivers
Construc
tion
P
ermits
Burden
on
Industrial
No
Exposure
Respondents
The
single
respondent
activity
for
operators
of
industrial
facilities
certifying
to
a
condition
of
no
exposure
is
the
preparation
and
submittal
of
a
no
exposure
certification.
Burden
estimates
for
industrial
no
exposure
respondents
are
from
the
Economic
Analysis
and
are
presented
in
Exhibit
3.
No
exposure
certifications
are
for
five
years,
and
as
such,
each
respondent
will
incur
one­
fifth
of
the
full
burden
of
this
activity
each
year.

Exhibit
3.
Burden
on
Each
Industrial
No
Exposure
Respondent
Inform
a
tion
Colle
ction
Activity
Five
­
Ye
a
r
Burde
n
(
hours)
Annua
l
Burde
n
(
hours)

No
E
x
pos
ure
Cert
ific
ation
0.75
0.15
Tota
l
0.75
0.15
Burden
on
NPDES­
Authorized
States
The
burden
incurred
in
managing
and
implementing
the
Phase
II
rule
is
the
same
on
a
per
state
basis
for
the
Agency
and
the
NPDES­
authorized
States.
Burden
and
costs
associated
with
administration
of
the
Phase
II
storm
water
program
will
impact
the
Agency
for
the
six
states
and
territories
where
it
is
the
NPDES
permitting
authority,
and
each
NPDES­
authorized
State
will
incur
burden
and
costs
for
its
Phase
II
program.

The
six
activities
that
NPDES­
authorized
States
must
perform
fall
into
three
general
areas:
(
1)
administration
of
the
small
MS4
program,
(
2)
administration
of
the
small
construction
program,
and
(
3)
processing
and
review
of
industrial
no
exposure
forms.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
26
Administration
of
the
Small
MS4
Program
The
activities
required
for
administration
of
the
small
MS4
program
include
the
processing
and
review
of
NOIs
and
individual
permit
applications
and
annual
reports.
All
burden
estimates
for
administration
of
the
small
MS4
program
come
from
the
Economic
Analysis
and
are
presented
in
Exhibit
4.

EPA
expects
that
NPDES
authorized
States
will
develop
and
implement
a
simple
database
or
spreadsheet
system
to
track
MS4
applications.
It
is
assumed
that
this
type
of
system
does
not
currently
exist
and
therefore
the
creation
and
operation
of
such
a
system
is
reflected
in
the
burden
estimates.

Exhibit
4.
Burden
on
NPDES
Authorized
States
for
Administration
of
the
Small
MS4
Program
Informa
tion
Colle
ction
Activity
Tota
l
P
e
rmitting
Authority
Burde
n
Per
MS4
Responde
nt
Pe
r
5­
Ye
a
r
P
e
rm
it
Te
rm
(
hours)
Annua
l
Pe
rmitting
Authority
Burde
n
Pe
r
MS4
Re
sponde
nt
(
hours)

NOI
proc
essing
&
review
4.0
0.8
Report
proces
sing
&
review
8.0
1.6
Tota
l
12.0
2.4
Administration
of
the
Small
Construction
Program
The
activities
required
for
administration
of
the
small
construction
program
include
the
processing
and
review
of
waiver
certification
forms,
NOIs,
and
NOTs.
Burden
estimates
for
administration
of
the
small
MS4
program
come
from
the
Economic
Analysis
and
are
presented
in
Exhibit
5.
They
were
based
on
the
conditions
of
the
waivers
and
the
level
of
review
necessary
and
on
consultations
with
NPDES
permitting
authorities
knowledgeable
of
the
similar
information
requests
in
the
NOIs
and
NOTs
for
Phase
I
construction
sources.

EPA
intends
to
use
a
modified
version
of
the
Phase
I
construction
general
permit
NOI
for
use
at
Phase
II
small
construction
sites.
This
will
greatly
reduce
the
burden
required
to
develop
new
forms
and
new
databases
to
record
information
and
track
applicants.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
27
Exhibit
5.
Burden
on
NPDES
Authorized
States
for
Administration
of
the
Small
Construction
Program
Inform
a
tion
Colle
ction
Activity
Pe
rmitting
Authority
Burde
n
Pe
r
Construction
Responde
nt
(
hours)

Construc
tion
W
aivers
Waiver
certification
proc
essing
&
review
1.0
Tota
l
1.0
Construc
tion
P
ermits
NOI
process
ing
&
review
1.0
NOT
process
ing
0.5
Tota
l
1.5
Process
and
Review
of
Industrial
No
Exposure
Forms
The
activities
required
for
processing
and
review
of
industrial
no
exposure
forms
include
review
of
the
form
for
completeness
and
applicability
and
entry
of
the
information
into
a
database
or
tracking
system.
A
burden
estimate
for
the
processing
and
review
of
industrial
no
exposure
forms
comes
from
the
Economic
Analysis
and
is
presented
in
Exhibit
6.

The
NPDES
permitting
authorities
will
have
to
develop
and
implement
a
database
system
to
track
no
exposure
certifications
because
this
type
of
system
does
not
currently
exist,
although
the
database
currently
in
use
to
track
NOIs
could
be
adopted
for
this
purpose.
The
creation
and
operation
of
such
a
system
is
reflected
in
the
burden
estimate.

Exhibit
6.
Burden
on
NPDES
Authorized
States
for
Processing
and
Review
of
Industrial
No
Exposure
Forms
Informa
tion
Colle
ction
Activity
Permitting
Authority
Burde
n
Pe
r
Industria
l
Re
spondent
(
hours)
Annua
l
Pe
rmitting
Authority
Burde
n
P
e
r
Industria
l
Re
sponde
nt
(
hours)

No
Exposure
certification
processing
&
review
1.0
0.2
Tota
l
1.0
0.2
6(
b)
ESTIMATING
RESPONDENT
COSTS
Because
EPA
has
determined
that
there
are
no
capital
or
operation
and
maintenance
costs
associated
with
any
of
the
respondent
activities,
this
ICR
only
includes
labor
costs
in
its
estimates.
The
Phase
II
rule
does
not
require
construction
site
operators
or
small
MS4
operators
to
expend
funds
for
capital
assets,
nor
does
it
mandate
that
owners
or
operators
of
industrial
facilities
construct
structures
to
ensure
that
no
exposure
conditions
exist.
Respondents
are
not
required
to
pay
for
capital
equipment
or
operations
and
maintenance
to
respond
to
the
additional
information
requests.
Storm
Water
Phase
II
ICR
October
2,
2002
4
U.
S.
Department
of
Labor,
Employment
Cost
Indexes
and
Levels
1975­
95,
Bulletin
2466
(
Washington,
D.
C.:
1995)
page
17.
5
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics,
Pay
in
the
United
States
and
Regions
(
Washington,
D.
C.:
1993).
6
R.
S.
Means,
Building
Construction
Cost
Data
1997.

Page
28
All
hourly
wage
costs
are
derived
from
the
1999
Phase
II
Storm
Water
ICR,
which
reports
hourly
wages
in
1998
dollars.
For
this
ICR,
the
Employment
Cost
Index
(
ECI)
was
used
to
calculate
the
2001
rate.
For
example,
for
state
and
local
employees,
the
ECI
was
139.5
in
December
1998
and
was
154.8
in
December
2001.
Dividing
the
two
(
154.8/
139.5)
creates
a
multiplication
factor
of
1.109677,
which
is
multiplied
by
the
1998
hourly
rate
to
arrive
at
the
2001
hourly
rate.
The
multiplication
factors
differ
for
private
sector
employees
and
civilian
government
employees.

Costs
to
Small
MS4
Respondents
The
average
hourly
labor
rate
for
regulated
small
MS4s
was
based
on
1995
U.
S.
Department
of
Labor
wage
rates
and
adjusted
to
a
2001
rate
using
the
1995
and
2001
ECI.
4
The
mean
hourly
wage
rate
for
municipal
employees
including
overhead
is
$
30.18.
This
labor
rate
was
used
for
all
regulated
small
MS4
respondent
activities
defined
in
this
ICR.

The
costs
for
each
of
the
information
collection
activities
are
established
by
multiplying
the
burden
incurred
over
the
term
of
this
ICR
by
the
hourly
labor
rate.
The
results
are
presented
below
in
Exhibit
7.

Exhibit
7.
Annual
Costs
to
Each
MS4
Respondent
Informa
tion
Colle
ction
Activity
Annua
l
Burden
for
Ea
ch
MS4
Re
sponde
nt
(
hours)
La
bor
Ra
te
($
pe
r
hour)
Ave
rage
Annua
l
Cost
to
Each
MS4
Re
sponde
nt
($)

NOI
preparation
&
submittal
6.0
$
30.18
$
181.10
Record
keeping
2.8
$
30.18
$
84.51
Annual
report
preparation
&
subm
ittal
48.0
$
30.18
$
1,448.79
Annua
l
Tota
l
56.8
­
$
1,714.41
Costs
to
Construction
Respondents
Fully
loaded
hourly
wage
rates
for
the
construction
industry
are
$
38.47
for
engineering
assistant,
$
37.76
for
drafter,
and
$
25.04
for
clerical
support.
These
rates
are
in
2001
dollars
and
are
derived
from
the
U.
S.
Department
of
Labor
statistics.
5
It
is
assumed
that
an
engineering
assistant
and
drafter
would
both
work
on
the
SWPPP,
resulting
in
an
average
hourly
rate
of
$
38.12.
It
is
also
assumed
that
an
engineering
assistant
would
perform
all
work
on
the
NOI
and
NOT.
Clerical
support
is
assumed
for
all
record
keeping
activities.
6
The
administrative
costs
for
each
of
the
information
collection
activities
were
calculated
by
multiplying
the
estimated
burden
by
the
appropriate
hourly
labor
rate.
The
results
are
Storm
Water
Phase
II
ICR
October
2,
2002
7
Labor
rates
are
inflated
from
1998
dollars
as
reported
in
the
1999
ICR
using
the
Employment
Cost
Index
for
private
industry
employees
as
reported
by
Bureau
of
Labor
Statistics.

Page
29
presented
below
in
Exhibit
8.
Costs
for
activities
associated
with
construction
waivers
are
presented
separately
from
costs
for
construction
permits
due
to
the
fact
that
no
single
respondent
would
engage
in
both
types
of
activities
and
therefore
would
not
incur
both
costs.

Exhibit
8.
Costs
to
Construction
Respondents
Informa
tion
Colle
ction
Activity
Annua
l
Burden
for
Each
Construction
Re
sponde
nt
(
hours)
Labor
Ra
te
($
pe
r
hour)
Ave
rage
Annua
l
Cost
to
Ea
ch
Construction
Re
sponde
nt
($)

Waiver
c
ertification
preparation
&
submittal
1.0
$
38.47
$
38.47
Annua
l
Tota
l
1.0
­
$
38.47
NOI
preparation
&
subm
ittal
3.7
$
38.47
$
142.35
Developm
ent
of
SWPPP
22.7
$
38.12
$
865.32
Record
k
eeping
1.0
$
25.04
$
25.04
NOT
preparation
&
subm
ittal
0.5
$
38.47
$
19.24
Annua
l
Tota
l
27.9
­
$
1,051.95
Cons
truction
W
aivers
Cons
truction
Permits
Costs
to
Industrial
No
Exposure
Respondents
The
average
hourly
wage
for
private
sector
industrial
employees
is
estimated
to
be
$
49.91
in
2001
dollars.
7
This
figure
is
based
on
the
average
hourly
compensation
for
all
employees
in
the
manufacturing
sector
(
SIC
codes
20
through
39)
and
includes
50
percent
for
overhead,
67
percent
for
fringe
benefits,
and
15
percent
for
inflation,
and
is
based
on
information
used
in
the
Economic
Analysis.

EPA
calculated
the
administrative
costs
for
each
of
the
information
collection
activities
by
multiplying
the
estimated
burden
by
the
hourly
labor
rate.
The
results
are
presented
below
in
Exhibit
9.

Exhibit
9.
Costs
to
Industrial
No
Exposure
Respondents
Informa
tion
Colle
ction
Activity
Annua
l
Burden
for
Ea
ch
Industria
l
Re
sponde
nt
(
hours)
La
bor
Ra
te
($
pe
r
hour)
Ave
rage
Annua
l
Cost
to
Ea
ch
Industria
l
Re
sponde
nt
($)

No
E
xposure
Certific
ation
0.15
$
49.91
$
7.49
Annua
l
Tota
l
0.15
$
7.49
Storm
Water
Phase
II
ICR
October
2,
2002
8
U.
S.
Department
of
Labor
page
17.
9
Adjusted
to
1998
dollars
using
the
employment
cost
index
for
State
and
local
government
wages
and
salaries
as
reported
by
the
Bureau
of
Labor
Statistics.

Page
30
Costs
to
NPDES
Authorized
States
The
hourly
labor
rate
for
NPDES­
authorized
States
was
based
on
the
average
hourly
wage
for
State
employees
as
determined
by
the
U.
S.
Department
of
Labor.
8
The
mean
hourly
wage
rate
is
$
29.86
(
including
50%
for
overhead
expenditures)
in
2001
dollars.
9
This
hourly
rate
was
used
for
all
activities
performed
by
NPDES­
authorized
States
in
this
ICR.

EPA
calculated
the
administrative
costs
for
each
of
the
information
collection
activities
by
multiplying
the
estimated
burden
by
the
hourly
labor
rate.
The
results
are
presented
below
in
Exhibit
10.

Exhibit
10.
Costs
to
NPDES
Authorized
States
Informa
tion
Colle
ction
Activity
Annual
S
ta
te
Burden
Pe
r
Re
spondent
(
hours)
State
Labor
Cost
($/
hr)
Average
Annua
l
Sta
te
Cost
Pe
r
Re
spondent
($)

NOI
proces
sing
&
review
0.8
$
29.86
$
23.89
Report
proc
ess
ing
&
review
1.6
$
29.86
$
47.78
Tota
l
Per
MS4
Respondent
2.4
­
$
71.67
Waiver
certification
processing
&
review
1.0
$
29.86
$
29.86
Tota
l
Per
Construction
W
a
ive
r
Respondent
1.0
­
$
29.86
NOI
proces
sing
&
review
1.0
$
29.86
$
29.86
NOT
proces
sing
0.5
$
29.86
$
14.93
Tota
l
Per
Construction
Pe
rmit
Respondent
1.5
­
$
44.79
No
exposure
c
ertification
process
ing
&
review
0.2
$
29.86
$
5.97
Tota
l
P
er
Industria
l
Respondent
0.2
­
$
5.97
Small
MS4
P
rogram
Cons
truction
P
rogram
Indus
trial
No
E
xpos
ure
6(
c)
ESTIMATING
AGENCY
BURDEN
AND
COST
In
this
section,
EPA
presents
the
estimated
burden
and
costs
for
the
Agency
to
implement
and
administer
the
Phase
II
rule.

Burden
on
the
Agency
The
Agency
burden
incurred
in
managing
and
implementing
the
Phase
II
rule
as
an
NPDES
permitting
authority
is
exactly
the
same
as
the
burden
for
NPDES­
authorized
States.
See
"
Burden
on
NPDES
Authorized
States
in
Section
6(
a)
above.

Agency
Costs
Storm
Water
Phase
II
ICR
October
2,
2002
10
U.
S.
Department
of
Labor
page
17.
11
Adjusted
to
1998
dollars
using
the
employment
cost
index
for
State
and
local
governments
wages
and
salaries
as
reported
by
the
Bureau
of
Labor
Statistics.

Page
31
The
hourly
labor
rate
for
the
Federal
government
was
based
on
the
average
hourly
wage
Federal
employees
as
determined
by
the
U.
S.
Department
of
Labor.
10
The
mean
hourly
wage
rate
is
$
31.82
(
including
50%
for
overhead
expenditures)
in
2001
dollars.
11
This
hourly
rate
was
used
for
all
activities
performed
by
the
Agency
in
this
ICR.

EPA
calculated
the
administrative
costs
for
each
of
the
information
collection
activities
by
multiplying
the
estimated
burden
by
the
hourly
labor
rate.
The
results
are
presented
below
in
Exhibit
10.

Exhibit
11.
Agency
Costs
Informa
tion
Collection
Activity
Annua
l
Agency
Burden
Pe
r
Re
spondent
(
hours)
Agency
La
bor
Cost
($/
hr)
Ave
rage
Annua
l
Cost
Pe
r
Responde
nt
($)

NOI
process
ing
&
review
0.8
$
31.82
$
25.46
Report
processing
&
review
1.6
$
31.82
$
50.92
Tota
l
Pe
r
MS4
Re
spondent
2.4
­
$
76.37
Waiver
certification
proc
essing
&
review
1.0
$
31.82
$
31.82
Tota
l
Pe
r
Construction
W
a
ive
r
Responde
nt
1.0
­
$
31.82
NOI
process
ing
&
review
1.0
$
31.82
$
31.82
NOT
proc
ess
ing
0.5
$
31.82
$
15.91
Tota
l
Pe
r
Construction
Pe
rmit
Responde
nt
1.5
­
$
47.73
No
expos
ure
certification
proc
essing
&
review
0.2
$
31.82
$
6.36
Tota
l
Pe
r
Industria
l
Re
spondent
0.2
­
$
6.36
Small
MS4
P
rogram
Construc
tion
P
rogram
Industrial
No
Exposure
6(
d)
ESTIMATING
THE
RESPONDENT
UNIVERSE
AND
TOTAL
BURDEN
AND
COSTS
The
number
of
respondents
in
the
regulated
community
for
each
activity
is
referred
to
as
the
respondent
universe
and
is
discussed
in
the
subsections
below.
Exhibit
12
presents
a
summary
of
the
number
of
respondents
for
each
activity.

Universe
of
Small
MS4
Respondents
Based
on
1990
Bureau
of
the
Census
data,
EPA
estimates
that
5,102
small
MS4s
will
be
covered
by
the
rule
during
the
three­
year
duration
of
this
ICR.

Universe
of
Construction
Respondents
Storm
Water
Phase
II
ICR
October
2,
2002
12
138,325
(
year
2003)
+
140,124
(
year
2004)
+
141,945
(
year
2005)
=
420,394
total
construction
starts.
420,394
*
0.85
(
percent
not
eligible
for
waiver)
=
357,335
construction
respondents
not
eligible
for
a
waiver.

Page
32
EPA's
estimate
of
the
number
of
construction
sources
eligible
for
coverage
under
the
Phase
II
rule
is
based
on
averaged
annual
construction
starts
for
the
years
of
2003,
2004,
and
2005,
which
are
expected
to
be
the
first
three
years
of
permit
issuance.
To
calculate
potential
construction
starts
for
these
years,
the
1994
base
year
estimate
of
123,145
Phase
II
construction
starts
was
increased
by
1.3%
annually
according
to
a
methodology
described
in
section
4.2.2
of
the
Economic
Analysis.
The
total
number
of
starts
for
these
three
years
was
reduced
by
15
percent
according
to
EPA's
estimate
of
the
number
of
construction
starts
that
should
be
eligible
for
a
waiver
under
the
rule,
thus
resulting
in
a
total
of
357,335,
or
119,112
per
year.
12
These
construction
respondents
are
expected
to
perform
all
of
the
activities
defined
in
this
ICR,
except
for
preparation
and
submittal
of
a
waiver
certification
in
lieu
of
an
NOI.
Subtracting
357,335
from
the
420,394
total
construction
starts
gives
us
an
estimate
of
63,059
construction
sources
that
will
qualify
for
a
permit
waiver
during
the
three
year
duration
of
the
ICR,
or
21,020
per
year.

Universe
of
Industrial
No
Exposure
Respondents
There
are
an
estimated
181,885
industrial
respondents
that
are
expected
to
be
eligible
for
the
no
exposure
provision
over
the
course
of
the
five­
year
permit
and,
therefore,
are
expected
to
complete
the
no
exposure
certification
form.

Exhibit
12.
Number
of
Respondents
Informa
tion
Colle
ction
Activity
Numbe
r
of
Annua
l
Re
spondents
Sma
ll
MS4
P
rogram
NOI
preparation
&
submittal
5,102
Record
keeping
5,102
Annual
report
preparation
&
submittal
5,102
Construction
P
rogram
Waiver
certification
preparation
&
submittal
21,020
NOI
preparation
&
submittal
119,112
Development
of
SWPPP
119,112
Record
keeping
119,112
NOT
preparation
&
submittal
119,112
No
Exposure
P
rogram
No
E
xpos
ure
Certific
ation
181,885
Estimating
the
NPDES­
Authorized
State
Universe
The
universe
of
the
NPDES­
authorized
States
consists
of
44
States
and
one
territory.
The
remaining
six
States
and
two
most
populated
Territories
are
under
the
NPDES
authority
of
the
Agency.
This
ratio
of
authorized
States
and
Territories
to
the
total
(
45/
53)
is
used
to
determine
the
respondents
per
year
for
the
NPDES
authorized
States
and
Territories.
The
estimated
NPDES­
authorized
State
universe
is
presented
in
Exhibit
13.
Storm
Water
Phase
II
ICR
October
2,
2002
13
The
breakdown
of
the
number
of
regulated
small
MS4s
that
exist
in
either
authorized
or
non­
authorized
States
and
Territories
was
based
on
1990
Bureau
of
the
Census
data.
Unlike
the
construction
and
industrial
universes,
using
a
ratio
was
not
necessary
due
to
the
existence
of
complete
data
for
each
State
and
Territory.

Page
33
Exhibit
13.
Number
of
Respondents
in
the
NPDES­
Authorized
State
Universe13
Informa
tion
Colle
ction
Activity
Numbe
r
of
Annua
l
Re
spondents
NOI
process
ing
&
review
4,772
Report
processing
&
review
4,772
Waiver
certification
proc
essing
&
review
17,847
NOI
process
ing
&
review
101,133
NOT
process
ing
101,133
No
Expos
ure
certification
processing
&
review
154,431
Construc
tion
P
rogram
Industrial
No
Exposure
Small
MS4
P
rogram
Total
Burden
and
Costs
Exhibit
14
presents
the
estimated
annual
average
burden
and
costs
for
the
small
MS4s,
small
construction
activities,
and
industrial
no
exposure
respondents.
Exhibit
15
presents
the
estimated
annual
average
burden
and
costs
for
NPDES­
authorized
States.
Total
burden
and
costs
are
calculated
by
multiplying
the
cost
associated
with
each
activity
by
the
number
of
estimated
respondents.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
34
Exhibit
14.
Total
Respondent
Burden
and
Cost
Estimates
Informa
tion
Collection
Activity
Annua
l
Numbe
r
of
Re
spondents
Annua
l
Burden
Hours
Pe
r
Re
spondent
Ave
rage
Annua
l
Burden
(
hours)
Respondent
Labor
Cost
($/
hr)
Average
Annua
l
Cost
($)

NOI
preparation
&
submittal
5,102
6.0
30,612.0
$
30.18
$
923,969
Record
k
eeping
5,102
2.8
14,285.6
$
30.18
$
431,185
Report
prep.
&
subm
ittal
5,102
48.0
244,896.0
$
30.18
$
7,391,751
Subtota
l
­
56.8
289,793.6
­
$
8,746,906
Cons
truction
W
aivers
Waiver
cert.
prep.
&
submittal
21,020
1.0
21,019.7
$
38.47
$
808,688
Subtota
l
­
1.0
21,019.7
­
$
808,688
Cons
truction
Permits
NOI
preparation
&
submittal
119,112
3.7
440,713.2
$
38.47
$
16,955,526
Development
of
SWPPP
119,112
22.7
2,703,834.8
$
38.12
$
103,070,184
Record
k
eeping
119,112
1.0
119,111.7
$
25.04
$
2,982,225
NOT
preparation
&
submittal
119,112
0.5
59,555.8
$
38.47
$
2,291,287
Subtota
l
­
27.9
3,323,215.5
­
$
125,299,222
No
E
xposure
Certification
181,885
0.15
27,282.8
$
49.91
$
1,361,564
Subtota
l
­
0.15
27,282.8
­
$
1,361,564
Tota
l
­
­
3,661,311.5
­
$
136,216,380
Regula
ted
Sma
ll
MS4s
Construction
Source
s
Industrial
No
Exposure
Fa
cilitie
s
Storm
Water
Phase
II
ICR
October
2,
2002
Page
35
Exhibit
15.
Total
NPDES
Authorized
State
Burden
and
Costs
Informa
tion
Colle
ction
Activity
Annua
l
Number
of
Respondents
Annual
Pe
rmitting
Authority
Burde
n
P
er
Re
spondent
(
hours)
Ave
rage
Annua
l
Burde
n
(
hours)
P
e
rmitting
Authority
Labor
Cost
($/
hr)
Ave
rage
Annual
Cost
($)

NOI
proces
sing
&
review
4,772
0.8
3,818
$
29.86
$
113,999
Report
proc
ess
ing
&
review
4,772
1.6
7,635
$
29.86
$
227,998
Waiver
certification
proces
sing
&
review
17,847
1.0
17,847
$
29.86
$
532,933
NOI
proces
sing
&
review
101,133
1.0
101,133
$
29.86
$
3,019,961
NOT
proces
sing
101,133
0.5
50,566
$
29.86
$
1,509,981
No
exposure
c
ertification
process
ing
&
review
154,431
0.2
30,886
$
29.86
$
922,304
Tota
l
­
­
211,885
­
$
6,327,176
Indus
trial
No
E
xpos
ure
Small
MS4
P
rogram
Cons
truction
P
rogram
6(
e)
BOTTOM
LINE
BURDEN
HOURS
AND
COST
The
bottom
line
burden
hours
and
cost
are
the
sum
of
all
the
hours
and
costs
incurred
for
all
activities
by
the
Phase
II
respondents,
NPDES­
authorized
States,
and
the
Agency.

Respondent
Tally
This
ICR
calculated
burden
and
cost
for
four
types
of
respondents:
1)
small
MS4s,
2)
small
construction
sites,
3)
industrial
"
no
exposure"
facilities,
and
4)
NPDES­
authorized
States.
The
combined
bottom
line
totals
for
the
four
respondent
types
are
327,163
respondents
performing
15
information
collection
activities
resulting
in
3,873,196
average
annual
burden
hours
at
an
average
annual
cost
of
$
142,543,556.
The
respondent
tally
is
presented
in
Exhibit
16.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
36
Exhibit
16.
Annual
Estimated
Respondent
Burden
and
Cost
Summary
Informa
tion
Colle
ction
Activity
Tota
l
Numbe
r
of
Respondents
Number
of
Activitie
s
Ave
rage
Annua
l
Burden
(
hours)
Average
Annua
l
Cost
($)

Regulated
Small
MS4s
5,102
3
289,794
$
8,746,906
Construc
tion
Sourc
es
(
waiver)
21,020
1
21,020
$
808,688
Construc
tion
Sourc
es
(
permitted)
119,112
4
3,323,216
$
125,299,222
Industrial
No
E
x
pos
ure
Fac
ilities
181,885
1
27,283
$
1,361,564
Subtota
l
327,118
9
3,661,312
$
136,216,380
NPDES­
Authorized
S
tates
45
6
211,885
$
6,327,176
Subtota
l
45
6
211,885
$
6,327,176
TOTAL
327,163
15
3,873,196
$
142,543,556
NPDES­
Authorize
d
S
ta
tes
Re
spondents
Storm
Water
Phase
II
ICR
October
2,
2002
Page
37
Agency
Tally
Agency
activities
associated
with
information
collection
burden
and
costs
are
similar
to
those
for
the
NPDES­
authorized
States.
The
difference
between
the
two
is
that
the
Agency
has
authorized
45
States
and
Territories
to
implement
the
NPDES
storm
water
program
and
as
such,
Agency
burden
is
only
included
for
eight
remaining
States
and
Territories
(
as
described
in
6(
d)).

The
Agency's
total
burden
and
costs
is
presented
in
Exhibit
17.
Bottom
line
annual
burden
is
36,424
hours
at
an
average
annual
cost
of
$
1,133,904.

Exhibit
17.
Total
Agency
Burden
and
Costs
Informa
tion
Colle
ction
Activity
Annua
l
Number
of
Respondents
Total
Agency
Burde
n
P
er
Re
spondent
(
hours)
Ave
rage
Annua
l
Burde
n
(
hours)
Age
ncy
Labor
Cost
($/
hr)
Ave
rage
Annual
Cost
($)

NOI
proces
sing
&
review
330
0.8
264
$
31.82
$
8,401
Report
proc
ess
ing
&
review
330
1.6
528
$
31.82
$
16,802
Waiver
certification
proces
sing
&
review
3,173
1.0
3,173
$
31.82
$
100,965
NOI
proces
sing
&
review
17,979
1.0
17,979
$
31.82
$
572,137
NOT
proces
sing
17,979
0.5
8,990
$
31.82
$
286,069
No
exposure
c
ertification
process
ing
&
review
27,454
0.2
5,491
$
31.82
$
174,732
Tota
l
­
­
36,424
­
$
1,133,904
Indus
trial
No
E
xpos
ure
Cons
truction
P
rogram
Small
MS4
P
rogram
Total
Tally
The
sum
of
respondent,
NPDES­
authorized
State,
and
Agency
bottom
line
totals
are
3,909,620
burden
hours
per
year
at
a
cost
of
$
143,677,460
per
year.

6(
f)
REASON
FOR
CHANGES
IN
BURDEN
This
ICR
represents
a
dramatic
increase
in
overall
burden
due
to
the
fact
that
many
of
the
Phase
II
rule
requirements
did
not
become
effective
until
three
years
after
promulgation
(
i.
e.,
after
the
initial
three
year
ICR
period).

Exhibit
18
presents
the
change
in
respondent
and
Agency
burden
for
each
information
collection
activity
discussed
in
this
ICR.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
38
Previous
ICR
Current
ICR
Regulated
Small
MS4s
0
289,794
289,794
Construction
Sources
(
waiver)
0
21,020
21,020
Construction
Sources
(
permitted)
0
3,323,216
3,323,216
Industrial
No
Exposure
Facilities
36,377
27,283
­
9,094
Subtotal
36,377
3,661,312
3,624,935
NPDES­
Authorized
States
19,992
211,885
191,893
Subtotal
19,992
211,885
191,893
Agency
(
EPA)
4,087
36,424
32,337
Annual
Subtotal
4,087
36,424
32,337
ANNUAL
TOTAL
60,456
3,909,620
3,849,164
Respondents
NPDES­
Authorized
States
Agency
(
EPA)
Reported
Annual
Burden
(
hours)
Change
Respondent
Exhibit
18.
Change
in
Annual
Burden
and
Costs
6(
g)
BURDEN
STATEMENT
Exhibit
19
presents
the
average
annual
burden
for
collecting
information
required
by
the
rule.
For
NPDES­
authorized
States,
the
burden
is
estimated
for
each
State
by
dividing
the
total
burden
for
administering
the
program
in
all
44
NPDES­
authorized
States
and
one
Territory
by
45
to
derive
an
average
burden
per
State
or
Territory.
Thus,
average
annual
burden
is
estimated
at
56.80
hours
at
each
regulated
small
MS4,
0.33
hours
at
each
small
construction
site
seeking
a
permit
waiver,
9.30
hours
for
each
small
construction
site
seeking
a
permit,
0.25
hours
per
industrial
no
exposure
facility,
4,708
hours
per
NPDES­
authorized
State
or
Territory,
and
36,424
total
hours
for
the
Agency.
These
burden
estimates
include
the
time
required
to
review
the
instructions,
search
existing
data
sources,
gather
and
maintain
(
usually
in
electronic
databases)
all
necessary
data,
and
complete
and
review
the
information
required
to
be
collected.
Storm
Water
Phase
II
ICR
October
2,
2002
Page
39
Exhibit
19.
Burden
Statement
for
Each
Respondent
Re
sponde
nt
Annua
l
Burden
Pe
r
Re
sponde
nt
(
hours)

Regulated
Small
MS4s
56.80
Cons
truction
Sources
(
waiver)
1.00
Cons
truction
Sources
(
permitted)
27.90
Industrial
No
E
x
pos
ure
Facilities
0.15
NPDES­
Authorized
S
tates
4,709
Agency
(
EPA)
36,424
Burden
means
the
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.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
Part
9
and
48
CFR
Chapter
15.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
Office
of
Environmental
Information,
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822T),
Ariel
Rios
Building,
1200
Pennsylvania
Ave.,
N.
W.,
Washington,
D.
C.
20460;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
to
EPA.
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.
