Stormwater
Phase
II
ICR
June
2006
INFORMATION
COLLECTION
REQUEST:
NPDES
STORMWATER
PROGRAM
PHASE
II
June
2006
Prepared
for
U.
S.
Environmental
Protection
Agency
Office
of
Wastewater
Management
1200
Pennsylvania
Avenue,
N.
W.
Washington,
DC
20460
EPA
Contract
Number
EP­
C­
05­
046
EPA
Work
Assignment
Number
0­
24
Stormwater
Phase
II
ICR
June
2006
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.........................................................................
2
2(
a).
NEED
AND
AUTHORITY
FOR
THE
COLLECTION.........................................................
2
2(
b).
PRACTICAL
UTILITY
AND
USES
OF
THE
INFORMATION
..........................................
3
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA.............
4
3(
a).
NONDUPLICATION............................................................................................................
4
3(
b).
PUBLIC
NOTICE
REQUIRED
PRIOR
TO
ICR
SUBMISSION
TO
OMB
..........................
4
3(
c).
CONSULTATIONS..............................................................................................................
4
3(
d).
EFFECTS
OF
LESS
FREQUENT
COLLECTION................................................................
5
3(
e).
GENERAL
GUIDELINES....................................................................................................
5
3(
f).
CONFIDENTIALITY
...........................................................................................................
5
3(
g)
SENSITIVE
QUESTIONS....................................................................................................
5
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED............................................
6
4(
a).
RESPONDENTS/
SIC
CODES..............................................................................................
6
Small
MS4s.......................................................................................................................
6
Small
Construction
Sites....................................................................................................
6
Industrial
Facilities
with
No
Exposure
...............................................................................
7
4(
b).
INFORMATION
REQUESTED
...........................................................................................
7
Data
Items,
Including
Recordkeeping
Requirements
..........................................................
7
Respondent
Activities......................................................................................................
12
5.
THE
INFORMATION
COLLECTED:
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
..................................................
15
5(
a).
AGENCY
ACTIVITIES......................................................................................................
15
5(
b).
COLLECTION
METHODOLOGY
AND
MANAGEMENT...............................................
15
5(
c).
SMALL
ENTITIY
FLEXIBILITY......................................................................................
15
Small
MS4
Program........................................................................................................
16
Construction
Program.....................................................................................................
16
Industrial
No
Exposure....................................................................................................
16
5(
d).
COLLECTION
SCHEDULE...............................................................................................
16
Small
MS4
Program........................................................................................................
16
Construction
Program.....................................................................................................
17
Industrial
No
Exposure....................................................................................................
17
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION.......................................
17
6(
a).
ESTIMATING
RESPONDENT
BURDEN
.........................................................................
17
Burden
on
Small
MS4
Respondents.................................................................................
17
Burden
on
Construction
Respondents..............................................................................
19
Burden
on
Industrial
No
Exposure
Respondents
..............................................................
19
Burden
on
NPDES­
Authorized
States
.............................................................................
20
6(
b).
ESTIMATING
RESPONDENT
COSTS
.............................................................................
21
Costs
to
Small
MS4
Respondents
....................................................................................
21
Costs
to
Construction
Respondents
.................................................................................
22
Stormwater
Phase
II
ICR
June
2006
Costs
to
Industrial
No
Exposure
Respondents
.................................................................
23
Costs
to
NPDES
Authorized
States.................................................................................
23
6(
c).
ESTIMATING
AGENCY
BURDEN
AND
COST
..............................................................
24
Burden
on
the
Agency.....................................................................................................
24
Agency
Costs
..................................................................................................................
24
6(
d).
ESTIMATING
THE
RESPONDENT
UNIVERSE
AND
TOTAL
BURDEN
AND
COSTS25
Universe
of
Small
MS4
Respondents
...............................................................................
25
Universe
of
Construction
Respondents
............................................................................
25
Universe
of
Industrial
No
Exposure
Respondents
............................................................
26
Estimating
the
NPDES­
Authorized
State
Universe
..........................................................
26
Total
Burden
and
Costs...................................................................................................
27
6(
e).
BOTTOM
LINE
BURDEN
HOURS
AND
COST...............................................................
28
Respondent
Tally.............................................................................................................
28
Agency
Tally...................................................................................................................
28
6(
f).
REASON
FOR
CHANGES
IN
BURDEN...........................................................................
29
6(
g).
BURDEN
STATEMENT....................................................................................................
30
ATTACHMENT
A.
Summary
of
Response
to
National
Association
of
Homebuilders
(
NAHB)
Comments
on
Draft
ICR
ATTACHMENT
B.
Calculation
of
National
Estimate
of
Construction
NOIs
(
2004)
Stormwater
Phase
II
ICR
June
2006
LIST
OF
TABLES
Table
1.
Burden
on
Each
Small
MS4
Respondent
...........................................................................
19
Table
2.
Burden
on
Each
Construction
Respondent
........................................................................
19
Table
3.
Burden
on
Each
Industrial
No
Exposure
Respondent
........................................................
20
Table
4.
Burden
on
NPDES
Authorized
States
for
Administration
of
the
Small
MS4
Program........
20
Table
5.
Burden
on
NPDES
Authorized
States
for
Administration
of
the
Small
Construction
Program............................................................................................................................
21
Table
6.
Burden
on
NPDES
Authorized
States
for
Processing
and
Review
of
Industrial
No
Exposure
Forms
...............................................................................................................................
21
Table
7.
Annual
Costs
to
Each
MS4
Respondent
............................................................................
22
Table
8.
Costs
to
Construction
Respondents...................................................................................
22
Table
9.
Costs
to
Industrial
No
Exposure
Respondents...................................................................
23
Table
10.
Costs
to
NPDES
Authorized
States
..................................................................................
23
Table
11.
Agency
Costs....................................................................................................................
25
Table
12.
Number
of
Respondents....................................................................................................
26
Table
13.
Number
of
Respondents
in
the
NPDES­
Authorized
State
Universe
...................................
27
Table
14.
Total
Respondent
Burden
and
Cost
Estimates...................................................................
27
Table
15.
Total
NPDES
Authorized
State
Burden
and
Costs
............................................................
28
Table
16.
Annual
Estimated
Respondent
Burden
and
Cost
Summary
................................................
28
Table
17.
Total
Agency
Burden
and
Costs........................................................................................
29
Table
18.
Change
in
Annual
Burden
and
Costs
.................................................................................
30
Table
19.
Burden
Statement
for
Each
Respondent
............................................................................
30
Stormwater
Phase
II
ICR
June
2006
Page
1
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a).
TITLE
OF
THE
INFORMATION
COLLECTION
Title:
NPDES
Stormwater
Program
Phase
II
EPA
ICR
No.
1820.04
OMB
Control
No.
2040­
0211
1(
b).
SHORT
CHARACTERIZATION/
ABSTRACT
This
Information
Collection
Request
(
ICR)
renews
OMB
Number
2040­
0211
(
NPDES
Stormwater
Program
Phase
II).

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
stormwater.
The
first
phase
of
the
regulatory
development
effort
applied
to
eleven
categories
of
stormwater
discharges
associated
with
industrial
activity
and
to
discharges
from
municipal
separate
storm
sewer
systems
(
MS4s)
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).
Phase
II
of
the
regulatory
development
effort,
promulgated
on
December
8,
1999
(
64
FR
68722),
regulates
stormwater
discharges
from
small
municipal
separate
storm
sewer
systems
and
construction
sites
with
activities
disturbing
one
to
five
acres
of
land
This
Information
Collection
Request
(
ICR)
addresses
Phase
II
of
the
NPDES
stormwater
program.
Under
the
Phase
II
Rule,
EPA
regulates
stormwater
discharges
from
construction
sites
with
activities
disturbing
equal
to
or
greater
than
one
acre
and
less
than
five
acres
of
land,
and
MS4s
located
in
Bureau
of
the
Census­
designated
"
urbanized
areas"
that
have
not
been
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
stormwater
program
to
obtain
an
exclusion
from
NPDES
permitting
requirements
if
they
can
certify
to
a
condition
of
"
no
exposure"
on
their
site.
Small
construction
sites
and
small
MS4s
were
required
to
apply
for
permit
coverage
effective
March
10,
2003.

NPDES
permitting
authorities,
including
the
Water
Permits
Division
of
the
EPA
Office
of
Wastewater
Management,
use
the
data
contained
in
stormwater
permit
applications,
construction
waiver
certifications,
stormwater
pollution
prevention
plans
(
SWPPPs),
no
exposure
certifications,
and
reports
to
set
appropriate
permit
conditions,
track
discharges
covered
by
stormwater
permits,
and
assess
permit
compliance.
Other
organizations,
including
EPA's
Office
of
Enforcement
and
Compliance
(
OECA)
and
environmental
groups,
use
the
same
collected
information
to
assess
the
regulated
community's
level
of
compliance
and
to
measure
the
overall
effectiveness
of
the
NPDES
stormwater
program.

Respondents
submit
information
for
construction
sites
with
activities
disturbing
equal
to
or
greater
than
one
acre
and
less
than
five
acres
of
land
in
both
electronic
and
paper
form.
In
either
case,
the
information
is
entered
into
a
computer
database
and
any
original
documents
are
be
filed.
The
information
is
submitted
by
the
respondents
directly
to
each
NPDES­
authorized
state
or
Territory,
or
to
EPA
in
areas
Stormwater
Phase
II
ICR
June
2006
Page
2
where
EPA
is
the
NPDES
permitting
authority.
In
2003
EPA
launched
an
electronic,
completely
paperless,
online
permit
application
system
(
eNOI)
to
be
used
by
areas
where
EPA
is
the
NPDES
permitting
authority.
In
2005
as
many
as
70%
of
applications
were
filed
electronically.
Approximately
five
NPDES­
authorized
states
also
allow
for
electronic
submission
of
applications
with
numerous
others
in
the
process
of
developing
similar
systems.
EPA
estimates
the
burden
for
applicants
is
similar
for
filing
a
paper
NOI
or
filing
electronically
(
although
operators
will
be
authorized
to
discharge
more
quickly
by
filing
electronic
submissions).

The
calculations
performed
for
this
ICR
cover
the
burden
and
costs
for
the
Agency
(
EPA),
NPDESauthorized
States,
and
three
types
of
respondents,
including
regulated
small
MS4s,
small
construction
sites,
and
industrial
"
no
exposure"
facilities.
This
ICR
estimates
a
burden
of
3,517,251
hours
annually
for
135,863
respondents,
excluding
state
respondents.
Burden
for
the
state
respondents
is179,025
hours
annually.
Agency
burden
is
10,556
hours.

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
state
NPDES
permitting
authorities
issue
permits
to
discharge
stormwater
under
Phase
II
of
the
NPDES
stormwater
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
stormwater
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
from
which
future
NPDES
stormwater
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
stormwater
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
 
Respond
to
Congressional
and
public
inquiries.
Stormwater
Phase
II
ICR
June
2006
Page
3
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
stormwater
discharges
in
particular
is
provided
at
Section
402(
p).
NPDES
stormwater
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
is
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.
The
majority
of
small
MS4s
and
small
construction
sites
use
Notice
of
Intent
(
NOI)
and
Notice
of
Termination
(
NOT)
forms
appropriate
for
the
type
of
general
permit
they
are
seeking
as
a
means
to
provide
basic
information.
In
some
instances,
small
MS4s
are
expected
to
file
individual
permit
applications
for
coverage
under
an
individual
permit.
For
small
MS4s,
the
burden
associated
with
applying
for
and
operating
under
an
individual
permit
is
assumed
to
be
identical
to
that
of
obtaining
coverage
under
a
small
MS4
general
permit.
Industrial
facilities
seeking
the
no
exposure
exclusion
from
permitting
use
the
No
Exposure
Certification
Form
(
NPDES
Form
3510­
11).

EPA
and
NPDES­
authorized
States
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
is
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
stormwater
control
program
as
needed.
Operators
of
small
MS4s
are
also
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
use
basic
information
(
i.
e.,
name,
location,
contact
person,
address,
telephone
number)
collected
from
small
construction
sites
to
uniquely
identify
each
applicant
seeking
permit
coverage
and
to
establish
a
contact
person.
Operators
of
small
construction
sites
also
have
to
provide
information
that
can
be
used
by
the
NPDES
permitting
authority
to
track
the
site=
s
compliance
with
permit
requirements.
EPA
and
other
NPDES
permitting
authorities
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.
Stormwater
Phase
II
ICR
June
2006
Page
4
NPDES
permitting
authorities
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,
EPA
uses
information
collected
under
Phase
II
of
the
stormwater
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.

EPA
uses
the
information
submitted
under
the
Phase
II
Rule
to
develop
reports
on
permit
issuance,
backlog,
and
compliance
rates.
EPA
also
uses
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.
For
the
most
part,
States
and
territories
authorized
to
implement
the
NPDES
permitting
program
manage
and
use
the
data
in
a
similar
fashion
to
that
of
EPA
and
as
such
incur
similar
types
of
burden.

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
March
7,
2006.
The
notice
included
a
request
for
comments
on
the
content
and
impact
on
the
regulated
community.
EPA
received
one
set
of
comments,
from
the
National
Association
of
Homebuilders
(
NAHB).
A
summary
of
comment
responses
is
provided
as
Attachment
A
of
this
supporting
statement.

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
Stormwater
Phase
II
Subcommittee
to
provide
direction,
input,
and
comment
throughout
the
development
of
the
Phase
II
Rule.
The
Subcommittee
consisted
of
a
variety
Stormwater
Phase
II
ICR
June
2006
Page
5
of
interested
stakeholders
including
industry
and
trade
organizations,
environmental
groups,
environmental
justice
representatives,
and
municipal,
State,
and
public
works
associations.

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
stormwater
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
stormwater
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.
Under
this
ICR
the
majority
of
regulated
MS4s
will
still
be
covered
by
their
first
NPDES
permit,
and
it
will
be
assumed
that
these
MS4s
will
submit
annual
reports
for
each
of
the
three
years
of
this
ICR.

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.
Stormwater
Phase
II
ICR
June
2006
Page
6
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
stormwater.
1
A
small
MS4
is
any
MS4
not
already
covered
by
Phase
I
of
the
NPDES
stormwater
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
stormwater
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
 
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
1
The
full
definition
of
an
MS4
may
be
found
at
40
CFR
'
122.26(
b)(
8)
Stormwater
Phase
II
ICR
June
2006
Page
7
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
Ano
exposure@.
Formerly,
only
light
industrial
facilities
in
category
(
xi)
of
the
definition
of
stormwater
associated
with
industrial
activity
were
able
to
forego
permit
coverage,
and
then
only
if
a
condition
of
no
exposure
existed.
Phase
II
added
a
section
at
40
CFR
'
122.26(
g)
called
the
Conditional
Exclusion
for
No
Exposure
of
Industrial
Activities
and
Materials
to
Stormwater.
This
no
exposure
provision
applies
to
all
classes
of
industrial
activities
discharging
stormwater
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
stormwater
permit
if
they
can
certify
that
they
have
no
exposure
of
industrial
activities,
materials,
or
product
handling
equipment
to
stormwater.

The
affected
categories
include:

 
Category
(
i):
Facilities
subject
to
stormwater
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,
 
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
recordkeeping
requirements,
and
required
respondent
activities
involved
in
preparing
and
submitting
those
data
items.

Data
Items,
Including
Recordkeeping
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
Stormwater
Phase
II
ICR
June
2006
Page
8
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
stormwater
permit
must
prepare
and
submit
a
permit
application
or
NOI,
perform
recordkeeping,
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
with
a
general
permit
typically
are
less
than
the
burden
and
costs
associated
with
these
other
two
options.
If
a
small
MS4
chooses
to
submit
an
individual
permit,
the
Phase
II
Rule
includes
simplified
individual
permit
application
requirements
that
are
consistent
with
those
for
the
general
permit
NOI.
Therefore,
this
ICR
assumes
that
the
burden
associated
with
the
individual
or
general
permit
are
the
same.

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
five­
year
permit
term
and
twice
per
permit
term
thereafter.
EPA
intends
the
report
to
be
either
a
narrative
document
or
an
annual
report
form
provided
by
the
permitting
authority.
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.
Stormwater
Phase
II
ICR
June
2006
Page
9
Recordkeeping
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
(
AR@
in
the
Revised
Universal
Soil
Loss
Equation)
must
be
less
than
5
during
the
period
of
construction
activity,
or
 
A
determination
that
stormwater
controls
are
not
needed
based
on
an
EPA­
approved
Atotal
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
stormwater
program
to
complete
an
NOI
or
an
individual
application
and
develop
and
implement
a
stormwater
pollution
prevention
plan
that
includes
proper
erosion
and
sediment
controls.

Stormwater
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
expects
few,
if
any,
operators
will
choose
this
option.
Because
EPA
expects
no
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
stormwater
application,
Forms
1
and
2F,
is
included
in
the
"
NPDES
Applications"
ICR,
OMB
Control
Number
2040­
0086.

Federal
regulations
require,
at
a
minimum,
that
applicants
provide
the
following
information
in
their
NOI:
Stormwater
Phase
II
ICR
June
2006
Page
10
 
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
stormwater
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
stormwater
program.
This
approach
therefore
avoids
requiring
affected
entities
to
learn
a
new
application
method
or
form.
Authorized
state
NPDES
permitting
authorities
use
similar
approaches
to
that
of
EPA.
Burden
and
costs
associated
with
the
Phase
I
NOI
for
construction
activity
is
included
in
the
"
NPDES
Phase
I
Stormwater
Construction"
ICR,
OMB
Control
Number
2040­
0188.

Following,
is
the
type
of
information
requested
in
stormwater
construction
NOIs
for
coverage
under
a
general
permit:

 
Name,
address,
and
phone
number
of
the
construction
site
operator,
 
Name
and
location
of
the
construction
site,
 
Address
of
the
location
of
the
stormwater
pollution
prevention
plan
(
SWPPP),
 
Estimated
construction
start
date
and
completion
date,
 
Estimated
land
area
to
be
disturbed,
and
 
For
EPA­
issued
permits,
whether
any
endangered
or
threatened
species
or
historic
properties
are
in
proximity
to
stormwater
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.
Following,
is
the
type
of
information
generally
required
on
NOT
forms:

 
NPDES
stormwater
permit
number,
 
Name,
address,
and
phone
number
of
the
site
operator,
 
Name
and
address
of
the
site,
and
 
Certification
of
eligibility
for
filing
the
NOT
(
e.
g.,
the
stormwater
discharge
has
been
eliminated
or
the
person
filing
the
NOT
is
no
longer
the
operator
of
the
site).

Stormwater
Pollution
Prevention
Plan
(
SWPPP)
Stormwater
Phase
II
ICR
June
2006
Page
11
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).
Typically,
a
SWPPP
is
maintained
on­
site
and
not
submitted
to
the
permitting
authority.
The
development
of
a
SWPPP
is
unique
to
each
construction
site
even
though
they
are
based
on
common
required
elements.
The
SWPPP
should
include:

 
A
site
plan,
including
proper
erosion
and
sediment
controls
and
stormwater
management,
 
A
pollution
prevention
site
map,
and
 
An
inspection
and
maintenance
plan.

The
Construction
General
Permit
(
CGP)
also
requires
that
operators
perform
routine
site
inspections
to
assess
the
effectiveness
of
the
SWPPP
and
associated
BMPs
and
maintain
records
of
those
inspections
on­
site
as
part
of
the
SWPPP
documentation.

Recordkeeping
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
Stormwater
Permitting
(
NPDES
Form
3510­
11).

The
following
information,
requested
in
the
No
Exposure
Certification
for
Exclusion
from
NPDES
Stormwater
Permitting
form,
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
 
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
Stormwater
Phase
II
ICR
June
2006
Page
12
to
stormwater
o
Materials
or
residuals
on
the
ground
or
in
stormwater
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
stormwater
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
stormwater
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
coverage
under
an
NPDES
permit
immediately.

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
and
legal
and
elected
officials,
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
stormwater
management
BMPs,
data
on
local
development
patterns,
information
on
stormwater
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
recordkeeping
system,
enter
data,
train
personnel,
and
file
information.
Stormwater
Phase
II
ICR
June
2006
Page
13
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
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
recordkeeping
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
recordkeeping
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
Stormwater
Phase
II
ICR
June
2006
Page
14
recordkeeping
system,
enter
data,
train
personnel,
and
file
information.

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
stormwater
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
recordkeeping
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
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
Stormwater
Phase
II
ICR
June
2006
Page
15
complete
their
certifications
for
at
least
three
years.
Applicants
may
need
to
develop
a
recordkeeping
system,
enter
data,
train
personnel,
and
file
information.

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
five
states,
the
District
of
Columbia,
and
all
U.
S.
Territories
except
the
Virgin
Islands
are
exactly
the
same
as
the
activities
of
the
45
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
paper­
based
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.

5(
c).
SMALL
ENTITIY
FLEXIBILITY
Phase
II
of
the
stormwater
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
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
(
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.
Stormwater
Phase
II
ICR
June
2006
Page
16
Over
the
last
few
years,
EPA
has
reduced
reporting
burdens
on
entities
of
all
sizes.
Applicants
for
stormwater
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
stormwater
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.
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.

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
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
five­
year
permit
term
and
twice
per
permit
term
thereafter.
Stormwater
Phase
II
ICR
June
2006
Page
17
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.

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
45
NPDES­
authorized
States
and
the
Virgin
Islands
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,
recordkeeping,
and
the
preparation
and
submittal
of
annual
reports.
Total
burden
estimates
for
regulated
small
MS4s
are
presented
here
in
Table
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
Tables
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).
The
Phase
II
Rule
required
regulated
small
MS4s
to
have
submitted
their
initial
NOIs
or
permit
applications
by
March
2003.
The
burden
estimates
in
this
ICR
for
NOIs
are
significantly
lower
than
the
previous
ICR
to
account
for
the
fact
that
renewal
NOIs
require
creation
of
little
new
information
and
represent
more
of
a
compilation
of
existing
activities
performed
to
date,
similar
to
the
burden
estimated
previously
for
annual
reports.
Stormwater
Phase
II
ICR
June
2006
Page
18
Stormwater
Phase
II
ICR
June
2006
Page
19
Table
1.
Burden
on
Each
Small
MS4
Respondent
Information
Collection
Activity
Five­
Year
MS4
Burden
(
hours)
Average
Annual
MS4
Burden
(
hours)
NOI
preparation
&
submittal
100
20.0
Record
keeping
14
2.8
Annual
report
preparation
&
submittal
500
100.0
Total
122.8
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,
preparation
and
submittal
of
an
NOT,
routine
inspections,
and
recordkeeping.
Burden
estimates
for
small
construction
respondents
are
presented
in
Table
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,
recordkeeping,
SWPPP
requirements,
and
NOT
for
Phase
I
construction
activities.

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.
Burden
for
routine
inspections
is
based
on
small
construction
activities
operating
for
an
average
of
four
months,
with
bi­
weekly
inspections
(
8
total)
and
each
lasting
approximately
15
minutes.

Table
2.
Burden
on
Each
Construction
Respondent
Information
Collection
Activity
Estimated
Annual
Burden
on
Each
Construction
Respondent
(
hours)
Construction
Waivers
Waiver
certification
preparation
&
submittal
1.0
Total
1.0
Construction
Permits
NOI
preparation
&
submittal
3.7
Development
of
SWPPP
22.7
Record
keeping
1.0
NOT
preparation
&
submittal
0.5
Routine
Inspections
2.0
Total
29.9
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
Table
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.
Stormwater
Phase
II
ICR
June
2006
Page
20
Table
3.
Burden
on
Each
Industrial
No
Exposure
Respondent
Information
Collection
Activity
Five­
Year
Burden
(
hours)
Average
Annual
Burden
(
hours)

No
Exposure
Certification
0.75
0.15
Total
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
stormwater
program
will
impact
the
Agency
for
five
states,
the
District
of
Columbia,
and
all
U.
S.
territories
except
the
Virgin
Islands
where
it
is
the
NPDES
permitting
authority,
and
each
NPDESauthorized
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.

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
Table
4.

Table
4.
Burden
on
NPDES
Authorized
States
for
Administration
of
the
Small
MS4
Program
Information
Collection
Activity
Total
Permitting
Authority
Burden
Per
MS4
Respondent
Per
5­
Year
Permit
Term
(
hours)
Average
Annual
Permitting
Authority
Burden
Per
MS4
Respondent
(
hours)

NOI
processing
&
review
4.0
0.8
Report
processing
&
review
8.0
1.6
Total
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
Table
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.
Stormwater
Phase
II
ICR
June
2006
Page
21
Table
5.
Burden
on
NPDES
Authorized
States
for
Administration
of
the
Small
Construction
Program
Information
Collection
Activity
Permitting
Authority
Burden
Per
Construction
Respondent
(
hours)
Construction
Waivers
Waiver
certification
processing
&
review
1.0
Total
1.0
Construction
Permits
NOI
processing
&
review
1.0
NOT
processing
0.5
Total
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
Table
6.

Table
6.
Burden
on
NPDES
Authorized
States
for
Processing
and
Review
of
Industrial
No
Exposure
Forms
Information
Collection
Activity
Permitting
Authority
Burden
Per
Industrial
Respondent
(
hours)
Average
Annual
Permitting
Authority
Burden
Per
Industrial
Respondent
(
hours)
No
Exposure
certification
processing
&
review
1.0
0.2
Total
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.

Hourly
wage
rates
are
fully
loaded
(
i.
e.,
including
fringe
benefits
and
overhead
and
profit,
if
applicable)
in
January,
2006
dollars
and
are
derived
from
statistics
provided
by
the
U.
S.
Department
of
Labor.

Costs
to
Small
MS4
Respondents
The
average
hourly
labor
rate
for
regulated
small
MS4s
was
based
on
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics
in
a
table
entitled
May
2005
National
Industry­
Specific
Occupational
Employment
and
Wage
Estimates
and
adjusted
to
a
2006
dollars
using
the
March
2006
ECI.
2
The
mean
hourly
wage
rate
for
municipal
employees
including
overhead
is
$
25.13.
This
labor
rate
was
used
for
all
regulated
small
MS4
respondent
activities
defined
in
this
ICR.

2
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics.
Employment
Cost
Index
 
March
2006.
Stormwater
Phase
II
ICR
June
2006
Page
22
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
Table
7.

Table
7.
Annual
Costs
to
Each
MS4
Respondent
Information
Collection
Activity
Average
Annual
Burden
for
Each
MS4
Respondent
(
hours)
Labor
Rate
($
per
hour)
Average
Annual
Cost
to
Each
MS4
Respondent
($)

NOI
preparation
&
submittal
20.0
$
25.13
$
502.60
Record
keeping
2.8
$
25.13
$
70.36
Annual
report
preparation
&
submittal
100.0
$
25.13
$
2,513.00
Annual
Total
122.8
$
3,085.96
Costs
to
Construction
Respondents
EPA
used
the
following
labor
categories
and
hourly
rates
to
estimate
labor
costs
for
activities
by
construction
sources.
Hourly
wage
rates
are
inflated
to
January
2006
dollars
using
the
Employment
Cost
Index
and
fully
loaded
assuming
overhead
costs
of
52
percent.
3
°
Project
manager:
$
65.60,
°
Engineering
assistant,
$
46.46,
°
Drafter,
$
31.73,
and
°
Clerical
support,
$
27.19.

For
purposes
of
this
analysis,
EPA
used
data
provided
by
the
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics
in
a
table
entitled
November
2004
National
Industry­
Specific
Occupational
and
Employment
Wage
Estimates:
NAICS
236000
 
Construction
of
Buildings.
EPA
assumes
that
an
Engineering
Assistant's
compensation
is
assumed
to
be
the
same
as
the
"
Civil
Engineers"
level,
and
a
Drafter's
compensation
equates
to
the
"
Architectural
and
Civil
Drafters"
level
of
Architecture
and
Engineering
Occupations.
Clerical
Support
personnel's
compensation
is
equal
to
the
"
Executive
Secretaries
and
Administrative
Assistants"
level
of
Office
and
Administrative
Support
Occupations
in
the
table.

EPA
used
an
hourly
labor
cost
of
$
65.60
for
the
project
manager
to
prepare
and
submit
the
NOI
or
the
waiver
certification,
and
a
combination
of
all
four
staff
labor
categories
for
the
development
of
a
SWPPP.
Specifically,
EPA
assumed
the
following
hourly
distribution
for
SWPPP
development:
project
manager
(
1.0
hours),
engineering
assistant
(
18.9
hours),
drafter
(
2.4
hours),
and
clerical
support
(
0.4
hours).
That
labor
mix
equates
to
an
effective
hourly
rate
of
$
45.41.
Recordkeeping
activities
for
both
the
CGP
NOI
and
SWPPP
are
based
on
hourly
rates
for
clerical
staff.

EPA
calculated
the
administrative
costs
for
each
of
the
information
collection
activities
by
multiplying
the
estimated
burden
by
the
appropriate
hourly
labor
rate.
The
results
are
presented
below
in
Table
8.

Table
8.
Costs
to
Construction
Respondents
3
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics.
Employer
Costs
for
Employee
Compensation,
Table
10.
Employer
costs
per
hour
worked
for
employee
compensation
and
costs
as
a
percent
of
total
compensation:
Private
industry
workers
by
industry
group,
December
2005.
Stormwater
Phase
II
ICR
June
2006
Page
23
Information
Collection
Activity
Average
Annual
Burden
for
Each
Construction
Respondent
(
hours)
Labor
Rate
($
per
hour)
Average
Annual
Cost
to
Each
Construction
Respondent
($)

Construction
Waivers
Waiver
certification
preparation
&
submittal
1.0
$
65.60
$
65.60
Annual
Total
1.0
$
65.60
Construction
Permits
NOI
preparation
&
submittal
3.7
$
65.60
$
242.72
Development
of
SWPPP
22.7
$
45.41
$
1,030.81
Record
keeping
1.0
$
27.19
$
27.19
NOT
preparation
&
submittal
0.5
$
65.60
$
32.80
Routine
Inspections
2.0
$
65.60
$
131.20
Annual
Total
29.9
$
1,464.72
Costs
to
Industrial
No
Exposure
Respondents
The
average
hourly
wage
for
private
sector
industrial
employees
was
based
on
the
average
hourly
wage
for
all
employees
in
the
manufacturing
sector
as
determined
by
the
U.
S.
Department
of
Labor.
4
The
mean
hourly
cost
of
employment
for
all
occupations
in
the
manufacturing
sector
is
$
29.53
(
including
benefits)
in
2006
dollars.

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
Table
9.

Table
9.
Costs
to
Industrial
No
Exposure
Respondents
Information
Collection
Activity
Annual
Burden
for
Each
Industrial
Respondent
(
hours)
Labor
Rate
($
per
hour)
Average
Annual
Cost
to
Each
Industrial
Respondent
($)

No
Exposure
Certification
0.15
$
29.53
$
4.43
Annual
Total
0.15
$
4.43
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.
5
The
mean
hourly
wage
rate
is
$
36.55
(
including
benefits)
in
2006
dollars.
This
hourly
rate
was
used
for
all
activities
performed
by
NPDESauthorized
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
Table
10.

Table
10.
Costs
to
NPDES
Authorized
States
4
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics.
Employer
Costs
for
Employee
Compensation,
Table
10.
Employer
costs
per
hour
worked
for
employee
compensation
and
costs
as
a
percent
of
total
compensation:
Private
industry
workers
by
industry
group,
December
2005
5
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics.
Employer
Costs
for
Employee
Compensation,
Table
4­
Employer
costs
per
hour
worked
for
employee
compensation
and
costs
as
a
percent
of
total
compensation:
State
and
local
government
workers,
by
occupational
and
industry
group,
December
2005.
Stormwater
Phase
II
ICR
June
2006
Page
24
Information
Collection
Activity
Annual
State
Burden
Per
Respondent
(
hours)
State
Labor
Cost
($/
hr)
Average
Annual
State
Cost
Per
Respondent
($)

Small
MS4
Program
NOI
processing
&
review
0.8
$
36.55
$
29.24
Report
processing
&
review
1.6
$
36.55
$
58.48
Total
Per
MS4
Respondent
2.4
$
87.72
Construction
Program
Waiver
certification
processing
&
review
1.0
$
36.55
$
36.55
Total
Per
Construction
Waiver
Respondent
1.0
$
36.55
NOI
processing
&
review
1.0
$
36.55
$
36.55
NOT
processing
0.5
$
36.55
$
18.28
Total
Per
Construction
Permit
Respondent
1.5
$
54.83
Industrial
No
Exposure
No
exposure
certification
processing
&
review
0.2
$
36.55
$
7.31
Total
Per
Industrial
Respondent
0.2
$
7.31
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
ABurden
on
NPDES
Authorized
States
in
Section
6(
a)
above.

Agency
Costs
The
hourly
employment
cost
of
Federal
employees
was
determined
using
methodology
established
in
EPA
ICR
No.
1842.04.6
According
to
the
U.
S.
Office
of
Personnel
Management,
2006
General
Schedule
(
2006­
GS),
the
average
annual
salary
of
a
government
employee
at
the
GS­
9,
Step
10
level
is
$
49,632.
At
2,080
hours
per
year,
the
hourly
wage
is
$
23.86.
Assuming
overhead
costs
of
50
percent,
or
$
11.93
per
hour,
the
fully
loaded
cost
of
employment
for
a
federal
employee
is
$
35.79.

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
Table
10.

6
Notice
of
Intent
for
Stormwater
Discharges
Associated
with
Construction
Activity
Under
a
NPDES
General
Permit.
Stormwater
Phase
II
ICR
June
2006
Page
25
Table
11.
Agency
Costs
Information
Collection
Activity
Annual
Agency
Burden
Per
Respondent
(
hours)
Agency
Labor
Cost
($/
hr)
Average
Annual
Cost
Per
Respondent
($)

Small
MS4
Program
NOI
processing
&
review
0.8
$
35.79
$
28.63
Report
processing
&
review
1.6
$
35.79
$
57.26
Total
Per
MS4
Respondent
2.4
$
85.89
Construction
Program
Waiver
certification
processing
&
review
1.0
$
35.79
$
35.79
Total
Per
Construction
Waiver
Respondent
1.0
$
35.79
NOI
processing
&
review
1.0
$
35.79
$
35.79
NOT
processing
0.5
$
35.79
$
17.90
Total
Per
Construction
Permit
Respondent
1.5
$
53.69
Industrial
No
Exposure
No
exposure
certification
processing
&
review
0.2
$
35.79
$
7.16
Total
Per
Industrial
Respondent
0.2
$
7.16
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.
Table
12
presents
a
summary
of
the
number
of
respondents
for
each
activity.

Universe
of
Small
MS4
Respondents
Based
on
EPA's
internal
analysis,
the
agency
estimates
that
there
are
6,986
permitted
small
MS4s
that
will
be
covered
by
the
rule
during
the
three­
year
duration
of
this
ICR.

Universe
of
Construction
Respondents
EPA
estimates
that
nationwide,
there
will
be
an
annual
average
of
95,500
construction
starts
eligible
for
coverage
under
the
Phase
II
Rule
in
2006,
2007,
and
2008.
This
number
was
calculated
based
on
permittee
data
from
2004
and
communication
with
EPA
and
state
permitting
authorities.
As
documented
in
Attachment
B,
EPA
estimates
approximately
100,000
NOIs
are
received
annually
by
all
NPDES
permitting
authorities
combined.
Based
on
communication
with
EPA
Regional
offices,
the
Agency
estimates
a
non­
filer
rate
of
approximately
60
percent
for
this
industry.
This
equates
to
a
total
regulated
universe
of
250,000
construction
sites
annually
disturbing
greater
than
one
acre
of
land.
Based
on
the
Economic
Analysis
(
EA)
for
the
Final
Phase
II
Stormwater
Rule,
approximately
37
percent
of
construction
sites
disturb
an
area
equal
to
or
greater
than
one
acre
and
less
than
five
acres
of
land.
The
Agency
believes
this
estimate
provides
a
reasonable
estimate
of
the
universe
of
large
construction
activities
regulated
by
the
NPDES
program
for
the
next
three
year
period.
The
total
number
of
starts
for
these
three
years
was
reduced
by
5
percent
according
to
EPA's
estimate
of
the
number
of
construction
Stormwater
Phase
II
ICR
June
2006
Page
26
starts
that
should
be
eligible
for
a
waiver
under
the
rule,
thus
resulting
in
a
total
of
87,875
per
year.
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
87,875
from
the
95,500
total
construction
starts
gives
us
an
estimate
of
4,625
construction
sources
that
will
qualify
for
a
permit
waiver
each
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.

Table
12.
Number
of
Respondents
Information
Collection
Activity
Average
Number
of
Annual
Respondents
Small
MS4
Program
NOI
preparation
&
submittal
1,397
Record
keeping
6,986
Annual
report
preparation
&
submittal
6,986
Construction
Program
Waiver
certification
preparation
&
submittal
4,625
NOI
preparation
&
submittal
87,875
Development
of
SWPPP
87,875
Record
keeping
87,875
NOT
preparation
&
submittal
87,875
Routine
Inspections
87,875
No
Exposure
Program
No
Exposure
Certification
36,377
Estimating
the
NPDES­
Authorized
State
Universe
The
universe
of
the
NPDES­
authorized
States
consists
of
45
NPDES­
authorized
states
and
the
Virgin
Islands.
The
remaining
five
States,
the
District
of
Columbia
and
all
U.
S.
territories
except
the
Virgin
Islands
are
under
the
NPDES
authority
of
the
Agency.
EPA
assembled
data
from
the
U.
S.
Census
Bureau.
7
According
to
the
2000
Census,
approximately
5.6
percent
of
the
population
lives
in
the
five
non­
NPDES­
authorized
states,
Washington,
DC,
and
all
non­
NPDES­
authorized
territories.
The
above
percentage
of
population
is
used
to
estimate
the
respondents
(
construction
and
industrial)
per
year
for
the
NPDES
authorized
States
and
Territories.
The
breakdown
of
the
number
of
regulated
small
MS4s
that
exist
in
either
authorized
or
non­
authorized
States
and
Territories
was
based
on
EPA's
internal
analysis.
Unlike
the
construction
and
industrial
universes,
using
a
ratio
was
not
necessary
due
to
the
existence
of
complete
data
for
each
State
and
Territory.
The
estimated
NPDES­
authorized
State
universe
is
presented
in
Table
13.

7
http://
www.
census.
gov/
population/
cen2000/
tab02.
xls
http://
www.
census.
gov/
Press­
Release/
www/
2002/
GUAMSTATELEVEL.
xls
http://
www.
census.
gov/
Press­
Release/
www/
2002/
amsamstatelevel.
xls
http://
www.
census.
gov/
Press­
Release/
www/
2002/
USVISTATELEVEL.
xls
Stormwater
Phase
II
ICR
June
2006
Page
27
Table
13.
Number
of
Respondents
in
the
NPDES­
Authorized
State
Universe
Information
Collection
Activity
Number
of
Annual
Respondents
Small
MS4
Program
NOI
processing
&
review
1,324
Report
processing
&
review
6,618
Construction
Program
Waiver
certification
processing
&
review
4,366
NOI
processing
&
review
82,956
NOT
processing
82,956
Industrial
No
Exposure
No
Exposure
certification
processing
&
review
34,341
Total
Burden
and
Costs
Table
14
presents
the
estimated
annual
average
burden
and
costs
for
the
small
MS4s,
small
construction
activities,
and
industrial
no
exposure
respondents.
Table
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.

Table
14.
Total
Respondent
Burden
and
Cost
Estimates
Information
Collection
Activity
Average
Annual
Number
of
Respondents
Burden
Per
Respondent
Average
Annual
Burden
(
hours)
Respondent
Labor
Cost
($/
hr)
Average
Annual
Cost
($)

Regulated
Small
MS4s
NOI
preparation
&
submittal
1,397
100.0
139,720.0
$
25.13
$
3,511,164
Record
keeping
6,986
2.8
19,560.8
$
25.13
$
491,563
Report
prep.
&
submittal
6,986
100.0
698,600.0
$
25.13
$
17,555,818
Subtotal
202.8
857,880.8
$
21,558,545
Construction
Sources
Construction
Waivers
Waiver
cert.
prep.
&
submittal
4,625
1.0
4,625.0
$
65.60
$
303,400
Subtotal
1.0
4,625.0
$
303,400
Construction
Permits
NOI
preparation
&
submittal
87,875
3.7
325,137.5
$
65.60
$
21,329,020
Development
of
SWPPP
87,875
22.7
1,994,762.5
$
45.41
$
90,582,165
Record
keeping
87,875
1.0
87,875.0
$
27.19
$
2,389,321
NOT
preparation
&
submittal
87,875
0.5
43,937.5
$
65.60
$
2,882,300
Routine
Inspections
87,875
2.0
175,750.0
$
65.60
$
11,529,200
Subtotal
29.9
2,627,462.5
$
128,712,006
Industrial
No
Exposure
Facilities
No
Exposure
Certification
36,377
0.75
27,282.8
$
29.53
$
805,661
Subtotal
0.75
27,282.8
$
805,661
Total
3,517,251.1
$
151,379,612
Stormwater
Phase
II
ICR
June
2006
Page
28
Table
15.
Total
NPDES
Authorized
State
Burden
and
Costs
Information
Collection
Activity
Average
Annual
Number
of
Respondents
Burden
Per
Respondent
Average
Annual
Burden
(
hours)
Permitting
Authority
Labor
Cost
($/
hr)
Average
Annual
Cost
($)

Small
MS4
Program
NOI
processing
&
review
1,324
4.0
5,294
$
36.55
$
193,510
Report
processing
&
review
6,618
1.6
10,589
$
36.55
$
387,021
Construction
Program
Waiver
certification
processing
&
review
4,366
1.0
4,366
$
36.55
$
159,581
NOI
processing
&
review
82,956
1.0
82,956
$
36.55
$
3,032,056
NOT
processing
82,956
0.5
41,478
$
36.55
$
1,516,028
Industrial
No
Exposure
No
exposure
certification
processing
&
review
34,341
1.0
34,341
$
36.55
$
1,255,160
Total
179,025
­
$
6,543,356
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
135,908
respondents
performing
16
information
collection
activities
resulting
in
3,696,276
average
annual
burden
hours
at
an
average
annual
cost
of
$
157,922,968.
The
respondent
tally
is
presented
in
Table
16.

Table
16.
Annual
Estimated
Respondent
Burden
and
Cost
Summary
Information
Collection
Activity
Total
Number
of
Respondents
Number
of
Activities
Average
Annual
Burden
(
hours)
Average
Annual
Cost
($)
Respondents
Regulated
Small
MS4s
6,986
3
857,881
$
21,558,545
Construction
Sources
(
waiver)
4,625
1
4,625
$
303,400
Construction
Sources
(
permitted)
87,875
5
2,627,463
$
128,712,006
Industrial
No
Exposure
Facilities
36,377
1
27,283
$
805,661
Subtotal
135,863
10
3,517,251
$
151,379,612
NPDES­
Authorized
States
NPDES­
Authorized
States
45
6
179,025
$
6,543,356
Subtotal
45
6
179,025
$
6,543,356
TOTAL
135,908
16
3,696,276
$
157,922,968
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
the
Virgin
Islands
to
implement
the
NPDES
stormwater
program
and
as
such,
Agency
burden
is
only
Stormwater
Phase
II
ICR
June
2006
Page
29
included
for
five
remaining
States,
the
District
of
Columbia
and
all
Territories
except
the
Virgin
Islands
(
as
described
in
6(
d)).

The
Agency's
total
burden
and
costs
is
presented
in
Table
17.
Bottom
line
annual
burden
is
10,556
hours
at
an
average
annual
cost
of
$
346,193.

Table
17.
Total
Agency
Burden
and
Costs
Information
Collection
Activity
Average
Annual
Number
of
Respondents
Burden
Per
Respondent
Average
Annual
Burden
(
hours)
Agency
Labor
Cost
($/
hr)
Average
Annual
Cost
($)

Small
MS4
Program
NOI
processing
&
review
74
4.0
294
$
35.79
$
10,537
Report
processing
&
review
368
1.6
589
$
35.79
$
21,073
Construction
Program
Waiver
certification
processing
&
review
259
1.0
259
$
35.79
$
9,266
NOI
processing
&
review
4,919
1.0
4,919
$
35.79
$
176,037
NOT
processing
4,919
0.5
2,459
$
35.79
$
88,018
Industrial
No
Exposure
No
exposure
certification
processing
&
review
2,036
1.0
2,036
$
35.79
$
72,872
Total
10,556
$
346,193
6(
f).
REASON
FOR
CHANGES
IN
BURDEN
This
ICR
represents
a
decrease
in
overall
burden,
primarily
based
on
EPA's
estimate
of
the
number
of
construction
sites
affected
by
this
information
collection.
Based
on
data
collected
from
EPA
Regional
and
State
NPDES
permitting
authorities,
the
Agency
revised
its
estimate
of
the
number
of
large
construction
sites
covered
by
this
regulation
downward
from
140,131
to
92,500
sites
annually.

In
addition,
the
burden
to
NPDES
authorized
states
was
adjusted
due
to
a
change
in
the
methodology
to
estimate
the
number
of
respondents
(
construction
and
industrial)
per
year
for
the
NPDES
authorized
States
and
Territories.
Other
adjustments
were
made
to
the
estimate
of
the
percentage
of
construction
sites
eligible
for
the
low
erosivity
waivers
(
reduced
from
15%
to
5%)
and
the
NOI
burden
for
MS4s.

Table
18
presents
the
change
in
respondent
and
Agency
burden
for
each
information
collection
activity
discussed
in
this
ICR.
Stormwater
Phase
II
ICR
June
2006
Page
30
Table
18.
Change
in
Annual
Burden
and
Costs
Reported
Annual
Burden
(
hours)
Respondent
Previous
ICR
OMB
Inventory
Current
ICR
Change
Reason
Respondents
Regulated
Small
MS4s
1,136,726
857,881
­
278,845
Reduction
in
NOI
burden
Construction
Sources
(
waiver)
21,020
4,625
­
16,395
Change
in
construction
sites
Reduced
estimate
of
use
Construction
Sources
(
permitted)
3,561,439
2,627,463
­
933,976
Change
of
industry
universe
Industrial
No
Exposure
Facilities
27,283
27,283
0
­
Subtotal
4,746,467
3,517,251
­
1,229,216
NPDES­
Authorized
States
NPDES­
Authorized
States
211,885
179,025
­
32,860
Change
in
construction
sites
Adjustment
to
population
in
authorized
states.
Subtotal
211,885
179,025
­
32,860
TOTAL
4,958,351
3,696,276
­
1,262,076
Agency
(
EPA)
Agency
(
EPA)
36,424
10,556
­
25,868
Change
in
construction
sites
Adjustment
to
population
in
non­
authorized
states.
Annual
Subtotal
36,424
10,556
­
25,868
6(
g).
BURDEN
STATEMENT
Table
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
45
NPDES­
authorized
States
and
one
Territory
by
46
to
derive
an
average
burden
per
State
or
Territory.
Thus,
average
annual
burden
is
estimated
at
123
hours
at
each
regulated
small
MS4,
1.0
hours
at
each
small
construction
site
seeking
a
permit
waiver,
29.9
hours
for
each
small
construction
site
seeking
a
permit,
0.75
hours
per
industrial
no
exposure
facility,
3,892
hours
per
NPDES­
authorized
State
or
Territory,
and
10,556
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.

Table
19.
Burden
Statement
for
Each
Respondent
Respondent
Annual
Burden
Per
Respondent
(
hours)

Regulated
Small
MS4s
123
Construction
Sources
(
waiver)
1.00
Construction
Sources
(
permitted)
29.90
Industrial
No
Exposure
Facilities
0.75
NPDES­
Authorized
States
3,892
Agency
(
EPA)
10,556
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
Stormwater
Phase
II
ICR
June
2006
Page
31
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.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
EPA­
HQ­
OW­
2002­
0053
which
is
available
for
online
viewing
at
www.
regulations.
gov,
or
in
person
at
the
public
viewing
at
the
Water
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
1301
Constitution
Ave.,
NW,
Washington,
DC.
The
EPA
Docket
Center
Public
Reading
Room
is
open
from
8:
30
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
Reading
Room
is
(
202)
566­
1744,
and
the
telephone
number
for
the
Water
Docket
is
(
202)
566­
2426.
An
electronic
version
of
the
public
docket
is
available
at
www.
regulations.
gov.
This
site
can
be
used
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
EPA­
HQ­
OW­
2002­
0053
and
OMB
control
number
2040­
0211
in
any
correspondence.
Stormwater
Phase
II
ICR
June
2006
Page
32
ATTACHMENT
A.

Summary
of
Response
to
National
Association
of
Homebuilders
(
NAHB)
Comments
on
Draft
ICR
On
May
8,
2006,
NAHB
submitted
comments
to
EPA
on
both
the
stormwater
construction
ICR
(
OMB
Control
No.
2040­
0188)
and
the
Stormwater
Phase
II
ICR
(
OMB
Control
No.
2040­
0211).
NAHB
also
references
comments
it
submitted
on
April
28,
2003
on
the
previous
version
of
this
ICR.
Following
is
a
summary
of
comments
and
EPA's
response
to
comments
specific
to
the
Stormwater
Phase
II
ICR.

NAHB
Comment:
EPA
has
not
met
its
obligation
to
repeat
the
review
required
for
a
new
collection
of
information;
rather,
the
Agency
simply
requested
comments
on
the
supporting
statement
document
from
2003.

EPA
Response:
EPA
did
provide
notice
of
the
ICR
using
burden
estimates
from
the
previous
ICR.
However,
this
ICR
includes
no
new
paperwork
requirements
and
the
Agency
expected
burdens
to
be
similar
to
those
of
past
ICRs.
EPA
is
incorporating
relevant
NAHB
comments
on
the
ICR
that
was
public
noticed
on
March
7,
2006
(
71
FR
11407­
11411),
consistent
with
public
notice
procedures
for
ICRs.

NAHB
Comment:
The
Agency
has
significantly
underestimated
the
regulated
universe
of
construction
sites.
Additionally,
NAHB
believes
EPA's
estimate
of
the
percentage
of
sites
eligible
for
the
low
erositivy
waiver
is
much
higher
than
reality
and
thus,
underestimates
burden
to
the
industry.

EPA
Response:
The
Agency
has
updated
the
number
of
sites
covered
under
this
ICR
to
reflect
data
collected
from
EPA
Regional
and
State
NPDES
permitting
authorities.
As
detailed
in
Attachment
B,
Agency
data
suggests
the
actual
number
of
construction
sites
affected
by
the
Phase
II
rule
is
approximately
92,500.
This
estimate
is
lower
than
the
previous
ICR
but
reflects
actual
NOI
data
plus
communication
with
the
permitting
authorities
on
the
approximate
non­
filer
rate
(
60%)
for
this
segment
of
the
regulated
universe.
The
Agency
believes
its
prior
estimates
are
higher
than
actual.
The
Agency
revised
its
estimate
of
the
number
of
sites
obtaining
the
low
erosivity
waiver
from
15%
to
5%
based
on
data
received
at
EPA's
NOI
Processing
Center
(
i.
e.,
in
2005,
approximately
250
sites
were
waived
out
of
the
approximately
5,000
sites
covered).

NAHB
Comment:
EPA
fails
to
include
a
burden
estimate
for
inspections
(
including
recordkeeping)
to
be
conducted
by
site
operators
and
for
the
Notice
of
Termination
(
NOT).

EPA
Response:
EPA
clarifies
in
this
ICR
does
include
burden
hours
for
site
inspections
(
estimate
of
8
routine
inspections
per
site,
15
minutes
per
inspection)
but
burden
hours
for
NOTs
are
included
in
the
NPDES
Applications
ICR
(
OMB
2040­
0086).

NAHB
Comment:
EPA
provides
misleading
information
on
the
number
of
NOIs
that
are
typically
submitted
within
a
five
year
period.
Small
businesses
will
generally
conduct
more
than
one
project
in
a
five
year
period
and
as
such,
are
subject
to
multiple
permits
and
absorb
the
costs
associated
with
the
activities
in
this
ICR
potentially
several
times
within
any
given
year.
Stormwater
Phase
II
ICR
June
2006
Page
33
EPA
Response:
EPA
clarifies
in
the
supporting
statement
the
fact
that
operators
generally
are
required
to
submit
an
NOI
for
their
role
in
each
common
plan
that
disturbs
five
acres
or
more.

NAHB
Comment:
NAHB
believes
the
Agency
should
do
more
to
reduce
the
burden
associated
with
small
business
(
such
as
developing
a
permit
specific
to
single
lot
building).

EPA
Response:
The
ICR
is
not
the
proper
mechanism
for
the
Agency
to
modify
its
regulations
or
permits
to
address
public
comments.
The
Agency
is
aware
of
NAHB's
concerns
related
to
burdens
associated
with
small
businesses
and
will
consider
NAHB's
comments
during
the
next
construction
general
permit
drafting
process
(
to
commence
in
2006
with
permit
issued
in
2008).

NAHB
Comment:
The
Agency
underestimates
hourly
rates
charged
for
performing
activities
identified
under
this
ICR.

EPA
Response:
The
Agency
uses
data
supplied
by
the
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics
(
BLS)
for
estimating
labor
costs
associated
with
regulatory
burdens.
The
Agency
did
modify
the
appropriate
personnel
responsible
for
preparing
the
NOI
to
reflect
that
generally
this
would
be
prepared
by
a
project
manager
rather
than
an
engineering
assistant.
However,
EPA
does
not
have
BLS
information
to
suggest
hourly
rates
provided
by
NAHB
are
representative
of
the
nation.
Stormwater
Phase
II
ICR
June
2006
Page
34
ATTACHMENT
B.

Calculation
of
National
Estimate
of
Construction
NOIs
(
2004)

State
EPA
Region
2004
NOIs
2000
Pop.
N/
A
1
1,720
N/
A
2
200
N/
A
3
37
N/
A
4
1
N/
A
5
45
N/
A
6
1,873
N/
A
7
6
N/
A
8
215
N/
A
9
127
N/
A
10
1,007
AK
Reg
10
x
626,932
ID
Reg
10
x
1,293,953
MA
Reg
10
x
6,349,097
NH
Reg
10
x
1,235,786
PR
Reg
2
x
EPA
3,808,610
EPA
DC
Reg
3
x
NOI
Total
572,059
NOI
Pop.
%
of
Total
Pop.
NM
Reg
6
x
5,231
1,819,046
15,705,483
5.5%
CT
1
150
3,405,565
VT
1
150
608,827
DE
3
410
783,600
WV
3
1,315
1,808,344
AL
4
4,500
4,447,100
FL
4
5,562
15,982,378
KY
4
1,738
4,041,769
MS
4
1,540
2,844,658
SC
4
1,690
4,012,012
TN
4
2,250
5,689,283
MN
5
3,229
4,919,479
AR
6
605
2,673,400
LA
6
415
4,468,976
OK
6
1,566
3,450,654
KS
7
790
2,688,418
NE
7
1,700
1,711,263
MT
8
699
902,195
UT
8
1,800
2,233,169
AZ
9
3,200
5,130,632
CA
9
6,773
33,871,648
HI
9
278
1,211,537
NV
9
1,600
State
1,998,257
State
OR
10
622
NOI
Total
3,421,399
NOI
Pop.
%
of
Total
Pop.
WA
10
350
42,932
5,894,121
118,198,684
41.4%
ME
1
*
1,274,923
RI
1
*
1,048,319
NJ
2
*
8,414,350
Stormwater
Phase
II
ICR
June
2006
Page
35
State
EPA
Region
2004
NOIs
2000
Pop.
NY
2
*
18,976,457
MD
3
*
5,296,486
PA
3
*
12,281,054
VA
3
*
7,078,515
GA
4
*
8,186,453
NC
4
*
8,049,313
IL
5
*
12,419,293
IN
5
*
6,080,485
MI
5
*
9,938,444
OH
5
*
11,353,140
WI
5
*
5,363,675
TX
6
*
20,851,820
IA
7
*
2,926,324
MO
7
*
5,595,211
Total
CO
8
*
4,301,261
NOI
Pop.
%
of
total
Pop.
ND
8
*
642,200
133,904,167
46.9%
SD
8
*
754,844
Non­
NOI
Pop.
%
of
Total
Pop.
WY
8
*
493,782
151,326,349
53.1%
Total
48,163
285,230,516
*
­
Data
not
collected.
48,163
NOIs
from
29
states+
(
actual)
54,429
NOIs
from
50
states+
(
estimated)
102,592
Total
NOIs
100,000
Total
NOIs
received
nationwide
Assumed
based
on
1
significant
figure
