INFORMATION
COLLECTION
REQUEST:

NOTICE
OF
INTENT
FOR
STORM
WATER
DISCHARGES
ASSOCIATED
WITH
CONSTRUCTION
ACTIVITY
UNDER
A
NPDES
GENERAL
PERMIT
February,
20,
2003
Prepared
for
U.
S.
Environmental
Protection
Agency
Office
of
Wastewater
Management
1200
Pennsylvania
Avenue,
N.
W.
Washington,
DC
20460
Prepared
by
Tetra
Tech,
Inc.
10306
Eaton
Place,
Suite
340
Fairfax,
VA
22030
EPA
Contract
Number
68­
C­
99­
253
EPA
Work
Assignment
Number
3­
15
Tetra
Tech
Project
Number
12695­
15­
01
TABLE
OF
CONTENTS
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
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Page
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1(
a)
TITLE
OF
THE
INFORMATION
COLLECTION
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Page
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1(
b)
SHORT
CHARACTERIZATION/
ABSTRACT
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Page
1
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
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Page
3
2(
a)
NEED/
AUTHORITY
OF
THE
COLLECTION
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Page
3
2(
b)
PRACTICAL
UTILITY/
USERS
OF
THE
DATA
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Page
4
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
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Page
5
3(
a)
NONDUPLICATION
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Page
5
3(
b)
PUBLIC
NOTICE
REQUIRED
PRIOR
TO
ICR
SUBMISSION
TO
OMB
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Page
5
3(
c)
CONSULTATIONS
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Page
5
3(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
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Page
5
3(
e)
GENERAL
GUIDELINES
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Page
6
3(
f)
CONFIDENTIALITY
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Page
6
3(
g)
SENSITIVE
QUESTIONS
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Page
6
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
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Page
7
4(
a)
RESPONDENTS/
SIC
CODES
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Page
7
4(
b)
INFORMATION
REQUESTED
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Page
7
Data
Items,
Including
Recordkeeping
Requirements
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Page
7
Respondent
Activities
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Page
9
5.
THE
INFORMATION
COLLECTED
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AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
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Page
11
5(
a)
AGENCY
ACTIVITIES
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Page
11
5(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
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Page
11
5(
c)
SMALL
ENTITY
FLEXIBILITY
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Page
12
5(
d)
COLLECTION
SCHEDULE
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Page
12
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
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Page
13
6(
a)
ESTIMATING
RESPONDENT
BURDEN
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Page
13
Burden
on
Construction
Respondents
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Page
14
Burden
on
NPDES­
Authorized
States
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Page
14
6(
b)
ESTIMATING
RESPONDENT
COSTS
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Page
15
Costs
to
Construction
Respondents
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Page
15
Costs
to
NPDES­
Authorized
States
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Page
16
6(
c)
ESTIMATING
AGENCY
BURDEN
AND
COST
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Page
17
Burden
Estimates
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Page
17
Cost
Estimates
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Page
17
6(
d)
ESTIMATING
THE
RESPONDENT
UNIVERSE
AND
TOTAL
BURDEN
AND
COSTS
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Page
17
Estimating
the
Universe
of
Construction
Respondents
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Page
17
Estimating
the
NPDES­
Authorized
State
Universe
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Page
18
Total
Burden
and
Costs
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Page
18
6(
e)
BOTTOM
LINE
BURDEN
HOURS
AND
COST
TABLES
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Page
19
Respondent
Tally
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Page
19
Agency
Tally
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Page
20
Total
Tally
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Page
20
Variations
in
the
Annual
Bottom
Line
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Page
20
6(
f)
REASONS
FOR
CHANGE
IN
BURDEN
AND
COST
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Page
20
6(
g)
BURDEN
STATEMENT
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Page
21
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
1
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
TITLE
OF
THE
INFORMATION
COLLECTION
Title:
Notice
of
Intent
for
Stormwater
Discharges
Associated
with
Construction
Activity
Under
a
NPDES
General
Permit
EPA
ICR
Number:
1842.04
OMB
Control
Number:
2040­
0188
1(
b)
SHORT
CHARACTERIZATION/
ABSTRACT
This
Information
Collection
Request
(
ICR)
renews
OMB
Number
2040­
0188
(
Notice
of
Intent
for
Storm
Water
Discharges
Associated
with
Construction
Activity).

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
or
combinations
of
pollutants
to
waters
of
the
United
States,
including
discharges
of
storm
water.
Phase
I
of
the
storm
water
program,
promulgated
on
November
16,
1990
(
55
FR
47990),
applied
to
eleven
categories
of
storm
water
discharges
associated
with
industrial
activity
(
including
construction
activities
disturbing
five
acres
or
more)
and
to
discharges
from
large
and
medium
municipal
separate
storm
sewer
systems.
Phase
II
of
the
regulatory
development
effort,
promulgated
on
December
8,
1999
(
64
FR
68722),
regulates
storm
water
discharges
from
small
municipal
separate
storm
sewer
systems
and
construction
sites
with
activities
disturbing
one
to
five
acres
of
land.
Together,
Phase
I
and
Phase
II
of
the
NPDES
Storm
Water
Program
now
regulate
all
construction
activities
of
one
acre
or
more.
However,
this
ICR
only
covers
the
burden
on
construction
sites
of
five
or
more
acres,
as
small
construction
activities
are
addressed
in
the
Storm
Water
Phase
II
ICR
(
OMB
Control
Number
2040­
0211,
EPA
ICR
Number
1820.03).

The
primary
permitting
mechanism
for
construction
site
owner/
operators
is
the
Construction
General
Permit
(
CGP),
issued
by
EPA
or
a
state
authorized
to
administer
the
NPDES
Program.
To
obtain
coverage
under
the
CGP,
a
construction
site
owner/
operator
must
submit
a
Notice
of
Intent
(
NOI)
to
the
permitting
authority.
Once
received,
CGP
NOIs
are
checked
for
completeness
and,
if
complete,
an
acceptance
letter
is
sent
to
the
applicant
notifying
them
of
their
permit
number.

One
of
the
main
components
of
the
CGP
is
the
requirement
for
permittees
to
develop
a
Storm
Water
Pollution
Prevention
Plan
(
SWPPP).
The
SWPPP
serves
as
the
primary
condition
of
the
permit
of
which
facilities
must
comply.
Although
the
SWPPP
is
not
typically
submitted
to
the
permitting
authority,
burden
and
costs
associated
with
its
preparation
is
included
in
this
ICR
because
it
must
be
prepared
at
the
time
of
permit
application
(
i.
e.,
when
the
NOI
is
submitted).
The
permitting
authority
is
not
required
to
review
and
approve
these
plans;
rather,
these
are
to
be
implemented
by
the
permitted
facility,
and
must
be
available
for
review
as
requested
by
the
permitting
authority.
Facilities
retain
the
SWPPP
on­
site
unless
the
permitting
authority
specifically
requests
that
it
be
submitted.

The
information
collection
and
reporting
activities
covered
in
this
ICR
include
only
those
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
2
activities
related
to
completing
and
submitting
an
NOI
form
and
those
resulting
from
the
development
of
a
SWPPP.
The
CGP
also
requires
submittal
of
a
Notice
of
Termination
(
NOT)
upon
the
cessation
of
the
storm
water
discharge
associated
with
construction
activity,
but
the
burden
associated
with
completing
the
NOT
is
not
included
in
this
ICR
because
it
is
provided
in
the
NPDES
Applications
ICR
(
OMB
Control
Number
2040­
0086,
EPA
ICR
Number
0226.15).

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

The
calculations
performed
for
this
ICR
cover
the
burden
and
costs
for
the
Agency
(
EPA),
NPDES­
authorized
states,
and
owner/
operators
of
construction
sites
of
five
acres
or
more.
This
ICR
estimates
a
burden
of
7,729,696
hours
annually
for
201,213
respondents,
excluding
state
respondents.
Burden
for
the
state
respondents
is
190,549
hours
annually.
Agency
burden
is
21,499
hours.
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
3
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
NEED/
AUTHORITY
OF
THE
COLLECTION
The
purpose
of
the
CWA
is
to
restore
and
maintain
the
chemical,
physical
and
biological
integrity
of
the
nation's
waters.
To
meet
that
end,
the
CWA
establishes
the
NPDES
program
to
regulate
the
discharge
of
any
pollutant
or
combination
of
pollutants
from
point
sources
into
waters
of
the
United
States.

EPA
and
NPDES
permitting
authorities
issue
permits
to
discharge
storm
water
from
construction
sites
under
the
NPDES
storm
water
program
and
need
the
information
collection
in
order
to:

°
Ensure
coverage
of
construction
sites
under
an
NPDES
general
permit
for
construction
activity,

°
Identify
the
location
of
the
construction
activity,

°
Identify
the
responsible
party
or
parties
on
site,

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

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

°
Determine
compliance
with
general
permits
and
no
exposure
requirements,

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

°
Evaluate
nationwide
or
area­
wide
water
quality,

°
Ensure
consistency
in
storm
water
permitting,

°
Prioritize
permit
issuance
activities,

°
Develop
appropriate
policy
and
budgets,

°
Perform
cost­
benefit
analyses,

°
Respond
to
complaints
from
the
public
of
possible
non­
compliance
with
permit
conditions,
and
°
Respond
to
Congressional
and
public
inquiries.

CWA
Section
402(
a),
as
amended,
authorizes
the
EPA
Administrator
to
issue
permits
for
the
discharge
of
pollutants
if
those
discharges
meet
all
applicable
requirements
of
CWA
Sections
301,
302,
306,
307,
308,
and
403,
or
any
conditions
the
Administrator
determines
are
necessary
to
carry
out
the
provisions
and
objectives
of
the
CWA.
The
authorization
to
issue
permits
for
storm
water
discharges
in
particular
is
provided
at
Section
402(
p).
NPDES
storm
water
regulations
are
found
in
40
CFR
§
122.26.
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
4
2(
b)
PRACTICAL
UTILITY/
USERS
OF
THE
DATA
Generally,
construction
general
permit
applicants
submit
similar
basic
information:
the
NOI
for
construction
activities.
The
data
contained
in
the
NOI
can
be
split
into
two
types:
locational
information
details
(
e.
g.,
name,
location,
description
of
the
construction
activity),
and
site
characteristics
(
e.
g.,
site
size,
estimated
construction
start
and
end
dates).

Permitting
authorities
use
locational
information
to
uniquely
identify
the
construction
activities
requesting
coverage
under
the
CGP.

Permitting
authorities
gather
site
characteristics
from
the
CGP
NOI
to
use
in
estimating
environmental
impacts.
Permitting
authorities
can
also
use
the
data
from
the
CGP
NOI,
as
well
as
from
the
SWPPP,
as
part
of
a
compliance
evaluation
to
ensure
that
the
permittee
adheres
to
conditions
as
stated
in
the
CGP
NOI
and
SWPPP.

EPA
stores
all
information
submitted
on
the
NOI
in
a
database
housed
at
the
NOI
Processing
Center.
The
NOI
database
provides
an
inventory
of
construction
sites
permitted
by
EPA.
EPA
uses
the
information
contained
in
the
NOI
database
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.
The
database
serves
as
a
source
of
general
information
and
a
mailing
list.
This
provides
EPA
with
a
comprehensive
record
keeping
system
on
permit
issuance
and
the
overall
assimilation
of
the
NPDES
permitting
program.
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.

Facilities
must
reapply
for
coverage
under
the
CGP
at
least
every
five
years.
The
reapplication
process
is
the
only
mechanism
for
obtaining
up­
to­
date
information
on
discharges.

To
meet
its
obligations
under
the
Clean
Water
Act,
National
Historic
Preservation
Act
(
NHPA),
and
Endangered
Species
Act
(
ESA),
and
to
promote
those
Acts'
goals,
EPA
is
seeking
to
ensure
that
discharges
covered
under
the
CGP
are
protective
of
historic
properties,
endangered
and
threatened
species,
and
critical
habitat.
Applicants
for
coverage
under
the
CGP
are
required
to
assess
the
impacts
of
their
storm
water
discharges
on
historic
properties,
Federally
listed
endangered
and
threatened
species,
and
designated
critical
habitat.
Information
from
this
assessment
is
provided
in
the
NOI
and
therefore
entered
into
the
NOI
database.
NPDESauthorized
states
are
not
required
by
EPA
to
meet
the
ESA
and
NHPA
obligations
and
as
such,
no
ESA
or
NHPA
burden
is
associated
with
State
(
or
Territory)
issued
permits.
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
5
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
NONDUPLICATION
EPA
has
examined
all
other
reporting
requirements
contained
in
the
Clean
Water
Act
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
it
has
no
other
way
to
obtain
the
information
addressed
in
this
ICR.

3(
b)
PUBLIC
NOTICE
REQUIRED
PRIOR
TO
ICR
SUBMISSION
TO
OMB
This
ICR
was
published
in
the
Federal
Register
on
December
6,
2002.
The
notice
included
a
request
for
comments
on
the
content
and
impact
of
the
proposed
rule
on
the
regulated
community.
No
comment
were
received.

3(
c)
CONSULTATIONS
EPA
finalized
the
requirements
addressed
in
this
ICR
after
receiving
comments
from
the
public
and
the
regulated
community.
In
addition,
the
Agency
actively
solicits
comments
when
it
develops
its
regulations.
EPA
holds
public
meetings,
assembles
workgroups
of
experts
and
potential
respondents,
and
consults
government
agencies,
such
as
OMB,
before
finalizing
requirements.

In
developing
regulations
for
storm
water
dischargers,
EPA
met
with
potential
respondents,
industry
and
trade
organizations,
environmental
groups,
and
municipal,
state,
and
public
works
associations.
EPA
made
several
changes
to
its
regulations
based
on
comments
presented
at
meetings.
For
example,
at
a
meeting
in
1987,
the
National
Homebuilders
Association
pointed
out
that
sampling
data
for
construction
sites
would
be
extremely
variable
because
construction
activities
are
continually
changing.
Based
on
this
comment,
EPA
now
requires
general
information
on
construction
activities
rather
than
quantitative
sampling
data,
since
general
information
will
adequately
indicate
any
potential
problems
from
storm
water
runoff
at
construction
sites.
Additionally,
several
data
fields
on
the
CGP
NOI
were
included
per
comments
from
the
Urban
Wet
Weather
Flows
Federal
Advisory
Committee.

3(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
The
CWA
prohibits
NPDES
permits
to
have
terms
longer
than
five
years.
It
is
a
statutory
requirement
that
permitted
entities
reapply
for
coverage
under
NPDES
storm
water
permits
before
their
existing
permits
expire,
generally
once
every
five
years.
Therefore,
less
frequent
collection
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
6
of
information
could
be
a
violation
of
the
CWA.

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

3(
f)
CONFIDENTIALITY
Permit
applications
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
Reporting
requirements
addressed
in
this
ICR
do
not
include
sensitive
questions.
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
7
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
RESPONDENTS/
SIC
CODES
Entities
that
wish
to
apply
for
coverage
of
storm
water
discharges
related
to
construction
activity
under
the
NPDES
CGP
must
complete
and
submit
an
NOI
and
develop
and
maintain
a
SWPPP.
For
the
purposes
of
this
ICR,
operations
that
may
include
any
clearing,
grading,
or
excavation
activities
that
disturb
five
or
more
acres
of
land
must
apply
for
coverage
under
the
CGP.
Construction
activities
that
result
in
a
disturbance
of
less
than
5
acres
of
total
land
area
are
also
required
to
submit
an
NOI
and
develop
a
SWPPP,
but
the
burden
on
those
respondents
is
already
accounted
for
in
the
Storm
Water
Phase
II
ICR
(
OMB
Control
Number
2040­
0211,
EPA
ICR
Number
1820.03).

The
largest
portion
of
construction
activities
will
be
carried
out
by
builders,
local
developers,
and
contractors.
Relevant
SIC
codes
include
the
following:
1531,
1541,
1542,
1611,
1622,
1623,
1629,
and
1764.

At
present,
45
states
and
one
Territory
have
received
authorization
from
EPA
to
act
as
the
NPDES
permitting
authority
in
those
respective
areas.
Because
they
incur
burden
in
administering
the
program,
permitting
authorities
are
considered
respondents
for
the
purposes
of
this
ICR.

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

Data
Items,
Including
Recordkeeping
Requirements
Notice
of
Intent
Construction
site
operators
are
required
to
complete
an
NOI
or
an
individual
application
and
develop
and
implement
a
storm
water
pollution
prevention
plan
that
includes
proper
erosion
and
sediment
controls.

Storm
water
discharges
associated
with
construction
activity
exist
in
vast
numbers.
EPA
has
recognized
that
the
burden
to
issue
individual
permits
to
each
discharger
would
be
prohibitive.
EPA
currently
uses,
and
expects
to
continue
and
encourage
the
use
of,
a
general
permit
option
and
standardized
application
forms
for
construction
activities.
EPA
expects
that
all
operators
of
construction
sites
of
five
or
more
acres
will
submit
a
Notice
of
Intent
(
NOI)
for
coverage
under
a
general
permit
consistent
with
the
requirements
of
40
CFR
§
122.28(
b)(
2).

Although
the
NPDES
regulations
allow
the
option
of
submitting
individual
applications
instead
of
an
NOI,
EPA
does
not
anticipate
any
operator
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
application,
Forms
1
and
2F,
was
estimated
in
the
ICR
that
was
developed
to
assess
the
information
collection
burden
of
the
storm
water
regulations
as
promulgated
in
1990.
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
8
Federal
regulations
require,
at
a
minimum,
that
applicants
provide
the
following
information
in
their
NOI:

°
the
legal
name
and
address
of
the
owner
or
operator,

°
the
facility
name
and
address,

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

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

EPA
has
issued
an
NOI
that
applies
to
both
Phase
I
and
Phase
II
of
the
construction
storm
water
program.
Entities
within
the
construction
industry
and
their
industry
organizations
are
familiar
with
the
idea
of
an
NOI
as
a
means
of
seeking
coverage
under
Phase
I
of
the
storm
water
program.

The
following
information
is
requested
from
both
Phase
I
and
Phase
II
construction
operators:

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

°
County
in
which
the
construction
site
is
located,

°
Ownership
class
of
the
construction
site
(
i.
e.,
Federal,
state,
public,
or
private),

°
Name
and
location
of
the
construction
site,

°
Whether
the
facility
is
located
on
Indian
Lands,

°
Latitude
and
longitude
of
the
construction
site,

°
Whether
a
SWPPP
has
been
developed,

°
Address
of
the
location
of
the
SWPPP,

°
Estimated
construction
start
date
and
completion
date,

°
Estimated
land
area
to
be
disturbed,

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

Storm
Water
Pollution
Prevention
Plan
(
SWPPP)

As
an
NPDES
construction
permit
condition,
EPA
requires
operators
of
construction
sites
to
develop
a
SWPPP.
A
SWPPP
is
typically
kept
on
site
and
not
submitted.
The
development
of
a
SWPPP
is
unique
to
each
construction
site
even
though
they
are
based
on
common
required
elements.
The
SWPPP
typically
includes:
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
9
°
a
site
plan,
including
proper
erosion
and
sediment
controls
and
storm
water
management,

°
a
pollution
prevention
site
map,
and
°
an
inspection
and
maintenance
plan.

EPA
requires
SWPPPs
consistent
with
the
best
management
practices
requirements
specified
in
40
CFR
§
122.44(
k)(
2).

Record
Maintenance
The
CGP
requires
that
the
SWPPP
and
copies
of
the
NOI
(
or
other
permit
application)
are
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.
These
requirements
are
consistent
with
the
requirements
of
§
§
122.41(
h)(
j)
&
(
l).

Respondent
Activities
Respondent
activities
can
vary
depending
on
the
characteristics
of
the
applicant
and
of
the
particular
authorized
state
or
Territory.
This
ICR
explains
these
activities
for
each
set
of
application
requirements
(
see
Section
6
of
this
ICR,
"
Estimating
Respondent
Burden").
Respondent
activities
are
summarized
below
for
both
permittees
and
NPDES­
authorized
states
and
territories.

Construction
Permittees
Any
particular
construction
respondent
preparing
and
submitting
an
NOI
may
engage
in
the
following
types
of
activities:

Preparing
basic
information
for
the
NOI.
This
includes
reading
and
reviewing
instructions
and
regulations
for
the
current
CGP
NOI,
reviewing
guidance
materials,
gathering
general
information,
typing/
completing
the
CGP
NOI
form,
submitting
the
form,
and
maintaining
a
record
of
the
NOI.

Preparing
basic
information
for
the
SWPPP.
This
includes
reading
and
reviewing
instructions
and
regulations
for
SWPPP
requirements,
gathering
general
information,
and
developing
a
plan
for
SWPPP
preparation.

Generating
detailed
information
for
the
SWPPP.
Detailed
information
may
include
topographic
maps,
data
on
effluent
characteristics,
management
programs,
financial
estimates,
engineering
data,
or
other
information
required
to
be
included
in
SWPPPs.

Maintaining
records.
The
CGP
requires
that
the
permittee
keep
records
for
at
least
three
years
from
the
date
that
the
site
is
finally
stabilized.
Also,
SWPPPs
must
be
maintained
on­
site
from
the
date
of
project
initiation
to
the
date
of
final
stabilization.
Applicants
may
need
to
develop
a
recordkeeping
system,
enter
data,
train
personnel,
and
file
information.

NPDES­
Authorized
States
and
Territories
Respondent
activities
can
vary
depending
on
the
characteristics
of
the
particular
authorized
state
or
Territory
and
the
methodology
they
chose
in
administering
the
program.
However,
any
NPDES
permitting
authority
may
be
expected
to
engage
in
the
following
types
of
activities:
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
10
Maintaining
records.
states
and
territories
need
to
develop
a
recordkeeping
system,
develop
a
master
database,
train
personnel,
enter
data,
and
distribute
the
information
to
interested
parties,
such
as
reviewers
and
enforcement
personnel.

Reviewing
submitted
data.
states
and
territories
may
need
to
answer
respondent
questions
and
provide
a
review
of
CGP
NOIs
for
completeness
and
technical
accuracy.
In
addition,
states
and
territories
need
to
notify
applicants
of
receipt/
approval
of
CGP
NOI
submissions.
Because
the
NPDES
regulations
do
not
require
SWPPPs
to
be
submitted
to
the
permitting
authority,
there
are
no
SWPPP­
related
respondent
activities
for
any
NPDES­
authorized
state
or
Territory.
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
11
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
the
same
as
the
activities
performed
by
the
45
NPDES­
authorized
states
and
the
Virgin
Islands.
The
sole
activity
is
the
processing
and
review
of
CGP
NOIs.

The
development
of
information
collection
forms
by
the
NPDES­
authorized
states
has
not
been
included
in
this
ICR.
EPA
expects
all
necessary
forms
to
be
developed
as
part
of
EPA
Headquarters'
ongoing
rule
implementation
efforts.
Furthermore,
because
the
NPDES
permitting
authorities
may
simply
adopt
the
EPA
forms
or
use
their
pre­
existing
NOI
forms,
EPA
estimates
that
the
NPDES
permitting
authorities
will
not
incur
any
additional
burden
for
the
development
of
forms.

As
EPA
receives
NOIs,
they
must
be
reviewed
for
completeness.
If
an
NOI
is
incomplete,
applicants
are
notified
and
instructed
to
submit
the
missing
information.
If
the
NOI
is
complete,
an
acceptance
letter
is
sent
to
the
permittee,
along
with
a
unique
permit
number.
The
NOI
data
are
entered
and
maintained
in
the
NOI
database
at
the
NOI
Processing
Center.

The
Fish
and
Wildlife
Service
(
FWS)
and
National
Marine
Fisheries
Service
(
NMFS)
must
assist
some
applicants
with
obtaining
information
relating
to
endangered
species
and
critical
habitat
and
participate
in
formal
and
informal
Endangered
Species
Act
(
ESA)
consultations
when
endangered
species
or
critical
habitat
are
present
or
will
be
impacted
by
construction
activity.
NPDES­
authorized
states
are
not
required
to
include
these
requirements
in
their
general
permits,
and
therefore
neither
the
NPDES­
authorized
states
nor
the
construction
sites
within
those
states
incur
any
burden
for
ESA
consultations.

As
mentioned
previously,
permittees
are
not
required
to
submit
SWPPPs
to
EPA
for
review.
These
plans
are
to
be
maintained
on­
site
where
the
construction
activities
are
taking
place
and
must
be
available
for
EPA
review
as
requested.
Therefore,
for
the
purposes
of
this
ICR,
the
pollution
prevention
plans
are
integral
to
the
day­
to­
day
operational
control
of
each
construction
site,
but
are
not
included
as
a
component
of
Agency
activities.

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

In
the
future,
EPA
plans
to
analyze
the
use
of
Internet­
based
forms
to
facilitate
the
transfer
of
information
such
as
that
contained
in
NOIs
between
the
regulated
community
and
EPA
to
see
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
12
if
there
are
any
potential
reductions
in
burden
or
costs.
This
ICR
will
be
revised
at
that
time
to
address
the
likely
reduction
in
burden.

5(
c)
SMALL
ENTITY
FLEXIBILITY
For
many
reasons,
EPA
believes
the
reporting
requirements
discussed
in
this
ICR
do
not
place
an
unreasonable
burden
on
small
business.
Over
the
last
decade,
EPA
has
reduced
reporting
burdens
on
businesses
of
all
sizes.
The
Agency
developed
the
general
permit
procedures
to
reduce
burdens
associated
with
the
application
process,
especially
the
burden
associated
with
storm
water
discharges.

The
NOI
requests
minimal
information
required
to
characterize
the
site
and
construction
activity.
Most
site
related
information
is
contained
in
the
SWPPP,
which
is
not
required
to
be
submitted
to
the
Agency.
Furthermore,
sites
submit
NOIs
once
every
five
years
and
the
burden
represented
by
these
NOIs
cannot
easily
be
reduced
for
small
businesses
because
EPA
needs
certain
basic
information
to
make
permitting
decisions.
This
basic
information
is
not
dependent
on
an
organization's
size.
One
of
the
measures
taken
by
EPA
to
reduce
burden
and
costs
is
that
facilities
submitting
NOIs
for
coverage
under
EPA's
CGP,
for
instance,
do
not
need
to
submit
any
sampling
data.

The
CGP
NOI
(
EPA
form
3510­
9)
was
developed
specifically
to
reduce
the
burden
for
construction
activities.
The
pre­
existing
NOI
form
(
EPA
form
3510­
6)
that
was
replaced
in
1998
required
more
detailed
information
since
the
form
was
also
used
for
industrial
activities
requesting
coverage
under
a
general
permit.
The
current
NOI
is
simplified
and
only
relevant
information
for
construction
activities
is
requested.

5(
d)
COLLECTION
SCHEDULE
Federal
regulations
require
permittees
to
reapply
for
permits
at
least
every
five
years,
although
the
regulations
also
grant
permit
writers
the
authority
to
impose
more
frequent
reissuance.
General
permits
are
issued
only
for
a
five­
year
term.
All
facilities
that
wish
to
be
covered
under
the
general
permit
must
reapply
or
notify
EPA
once
every
five
years
using
the
CGP
NOI.
When
calculating
burden,
this
ICR
assumes
that
all
permit
applicants
follow
this
schedule.
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
13
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
ESTIMATING
RESPONDENT
BURDEN
In
this
section,
EPA
presents
estimated
burden
for
each
information
request
on
construction
sites
disturbing
five
or
more
acres.
Per
EPA
ICR
guidance,
the
45
NPDES­
authorized
states
and
the
Virgin
Islands
are
also
included
as
respondents
in
this
section.

Burden
on
Construction
Respondents
The
respondent
activities
for
construction
sources
are
preparation
and
submittal
of
an
NOI,
the
development
of
a
SWPPP,
and
record
keeping.
Burden
associated
with
the
preparation
and
submittal
of
an
NOT
is
included
in
the
NPDES
Applications
ICR
(
OMB
Control
Number
2040­
0086,
EPA
ICR
Number
0226.15).

EPA
estimates
that
all
construction
sources
required
to
seek
coverage
will
use
the
NOI
rather
than
seek
coverage
using
an
application
for
an
individual
permit.
To
determine
the
average
burden
for
the
NOI,
EPA
developed
an
estimate
of
the
time
increment
necessary
to
complete
the
form.
A
poll
of
contractor
and
EPA
staff
familiar
with
the
NOI
requests
indicated
that
the
current
form
would
take
a
typical
applicant
a
total
of
1.5
hours
to
complete
if
there
were
no
endangered
species
or
critical
habitat
listed
for
the
project
area.
Should
the
permittee
need
to
informally
consult
with
the
Fish
and
Wildlife
Service
(
FWS)
or
National
Marine
Fisheries
Service
(
NMFS)
to
determine
if
species
or
critical
habitat
may
be
present
and
if
an
adverse
impact
is
likely
to
occur,
then
an
average
of
6
hours
would
be
needed
to
complete
the
form.
EPA
estimates
that
37.3%
of
applicants
would
need
to
perform
informal
consultations.
Based
on
information
provided
by
FWS,
PA
estimates
that
2.7
percent
of
applicants
would
need
formal
consultation
for
actions
that
are
likely
to
adversely
affect
species
or
critical
habitat,
and
thus
incur
20
hours
of
burden
preparing
biological
evaluations
and
related
correspondence.
EPA
assumes
that
60
percent
would
not
have
listed
endangered
species
or
critical
habitat
in
the
project
area.
A
discussion
with
FWS
staff
confirmed
this
assumption
was
a
good
estimate
given
the
areas
that
the
permit
covered.
However,
in
NPDES­
authorized
states,
the
ESA
requirement
of
the
CGP
does
not
necessarily
apply,
unless
specifically
provided
for
by
the
state.
Therefore,
for
the
purposes
of
this
ICR,
only
construction
sites
in
non­
NPDES­
authorized
states
might
incur
burden
in
consultations
with
FWS
and/
or
NMFS.
In
other
words,
in
NPDES­
authorized
states,
the
burden
is
1.5
hours
for
completion
of
the
NOI,
while
in
areas
where
EPA
is
the
permitting
authority,
the
burden
is
dependent
on
the
required
level
of
consultation
with
FWS
and
NMFS.

The
burden
to
develop
a
SWPPP
was
estimated
using
best
professional
judgement
of
contractor
staff
familiar
with
the
storm
water
CGP
process
and
the
design
of
SWPPPs.
Despite
the
fact
that
the
components
of
a
SWPPP
are
similar,
each
site's
design
and
size
and
function,
as
well
as
the
level
of
effort
involved,
will
vary
for
each
site.
To
calculate
the
burden
to
prepare
a
SWPPP,
EPA
and
EPA
contractor
staff
identified
a
"
typical"
respondent
and
then
estimated
the
burden
for
that
respondent
to
prepare
a
SWPPP.
The
various
activities
carried
out
in
the
preparation
of
a
SWPPP
are
presented
in
Section
4(
b).
EPA
estimates
that
the
average
time
for
a
respondent
to
develop
a
SWPPP
is
36.4
hours.
This
is
a
one­
time
development
activity.
The
breakdown
of
cost
and
burden
by
labor
category
is
provided
in
Section
6(
b).
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
14
The
estimated
recordkeeping
burden
for
the
CGP
NOI
and
SWPPP
is
expected
to
be
0.4
hours
per
construction
start,
based
on
a
poll
of
contractor
and
EPA
staff
familiar
with
the
recordkeeping
activities
associated
with
the
construction
storm
water
program.
The
burden
is
estimated
at
0.2
hours
each
for
the
CGP
NOI
and
SWPPP,
respectively.

A
summary
of
estimated
respondent
burden
is
presented
below
in
Table
1.

Table
1.
Burden
on
Each
Respondent
Information
Collection
Activity
Annual
Burden
on
Each
Respondent
(
hours)
In
NPDES­
Authorized
States
NOI
preparation
&
submittal
1.5
Development
of
SWPPP
36.4
Recordkeeping
0.4
Annual
Total
38.3
In
States
where
EPA
is
the
Permitting
Authority
For
sites
where
no
ESA
consultation
is
necessary
NOI
preparation
&
submittal
1.5
Development
of
SWPPP
36.4
Recordkeeping
0.4
Annual
Total
38.3
For
sites
where
an
informal
ESA
consultation
is
necessary
NOI
preparation
&
submittal
6.0
Development
of
SWPPP
36.4
Recordkeeping
0.4
Annual
Total
42.8
For
sites
where
a
formal
ESA
consultation
is
necessary
NOI
preparation
&
submittal
20.0
Development
of
SWPPP
36.4
Recordkeeping
0.4
Annual
Total
56.8
Burden
on
NPDES­
Authorized
States
The
Office
of
Management
and
Budget
requires
the
state
administrative
burden
and
cost
to
be
included
in
the
respondent
burden
section
of
the
ICR.
The
burden
incurred
by
the
NPDESauthorized
states
in
managing
and
implementing
the
construction
storm
water
program
is
consistent
with
that
incurred
by
the
Agency.
Burden
and
costs
will
impact
the
Agency
where
it
is
the
NPDES
permitting
authority,
and
NPDES­
authorized
states
will
incur
burden
and
costs
where
EPA
is
not
the
permitting
authority.

The
sole
activity
required
for
administration
of
the
construction
program
in
NPDESauthorized
states
is
the
processing
and
review
of
NOIs.
This
includes
data
entry
of
the
NOI
information
into
a
database
and
for
responding
to
any
inquiries.
Most
NPDES­
authorized
states
and
territories
use
a
CGP
NOI
process
similar
to
that
implemented
by
EPA.
This
greatly
reduces
the
burden
upon
governments
to
develop
new
forms
and
new
databases
to
record
information
and
track
applicants.
The
burden
estimate
for
administration
of
the
construction
program
is
based
on
a
poll
of
contractor
and
EPA
staff
familiar
with
the
conditions
of
the
waivers
and
the
level
of
review
necessary.
It
is
presented
below
in
Table
2.
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
15
Table
2.
Burden
on
NPDES­
authorized
States
Information
Collection
Activity
Burden
Per
Respondent
(
hours)
NOI
processing
&
review
1.0
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
CGP
does
not
require
construction
site
operators
expend
funds
for
capital
assets.
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
June,
2002
dollars
and
are
derived
from
statistics
provided
by
the
U.
S.
Department
of
Labor.

Costs
to
Construction
Respondents
EPA
used
the
following
labor
categories
and
hourly
rates
to
estimate
labor
costs
for
activities
by
construction
sources:

°
Project
manager:
$
47.20,

°
Engineering
assistant,
$
38.50,

°
Drafter,
$
30.03,
and
°
Clerical
support,
$
20.95.

For
purposes
of
this
analysis,
EPA
used
data
provided
by
the
U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics
in
a
table
entitled
Employer
Costs
for
Employee
Compensation,
Table
11:
Employer
costs
per
hour
worked
for
employee
compensation
and
costs
as
a
percent
of
total
compensation:
Private
industry
goods­
producing
and
service­
producing
workers,
by
occupational
group,
June
2002.
EPA
assumes
that
the
a
project
manager's
compensation
equates
to
the
"
Executive,
administrative,
and
managerial"
level
of
White
Collar
Occupations
shown
in
Table
11.
Similarly,
an
Engineering
Assistant's
compensation
is
assumed
to
be
the
same
as
the
"
Professional
Specialty
and
Technical"
level,
a
Drafter's
compensation
equates
to
the
"
Technical"
level,
and
Clerical
Support
personnel's
compensation
is
equal
to
the
"
Administrative
support,
including
clerical"
level.

EPA
used
an
hourly
labor
cost
of
$
38.50
for
an
engineering
assistant
to
prepare
and
submit
the
NOI,
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
(
13.0
hours),
drafter
(
22.0
hours),
and
clerical
support
(
0.4
hours).
That
labor
mix
equates
to
an
effective
hourly
rate
of
$
33.42.
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
3.
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
1U.
S.
Department
of
Labor,
Bureau
of
Labor
Statistics.
Employer
Costs
for
Employee
Compensation,
Table
3­
Employer
costs
per
hour
worked
for
employee
compensation
and
costs
as
a
percent
of
total
compensation:
State
and
local
government,
by
selected
characteristics,
June
2002
Page
16
Table
3.
Costs
to
Each
Respondent
Information
Collection
Activity
Annual
Burden
for
Each
Respondent
(
hours)
Labor
Rate
($
per
hour)
Annual
Cost
to
Each
Respondent
In
NPDES­
Authorized
States
NOI
preparation
&
submittal
1.5
$
38.50
$
57.75
Development
of
SWPPP
36.4
$
33.42
$
1,216.49
Recordkeeping
0.4
$
20.95
$
8.38
Annual
Total
38.3
­
$
1,282.62
In
States
where
EPA
is
the
Permitting
Authority
For
sites
where
no
ESA
consultation
is
necessary
NOI
preparation
&
submittal
1.5
$
38.50
$
57.75
Development
of
SWPPP
36.4
$
33.42
$
1,216.49
Recordkeeping
0.4
$
20.95
$
8.38
Annual
Total
38.3
­
$
1,282.62
For
sites
where
an
informal
ESA
consultation
is
necessary
NOI
preparation
&
submittal
6.0
$
38.50
$
231.00
Development
of
SWPPP
36.4
$
33.42
$
1,216.49
Recordkeeping
0.4
$
20.95
$
8.38
Annual
Total
42.8
­
$
1,455.87
For
sites
where
a
formal
ESA
consultation
is
necessary
NOI
preparation
&
submittal
20.0
$
38.50
$
770.00
Development
of
SWPPP
36.4
$
33.42
$
1,216.49
Recordkeeping
0.4
$
20.95
$
8.38
Annual
Total
56.8
­
$
1,994.87
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
Labor1.
The
mean
hourly
cost
of
employment
for
all
occupations
is
$
31.20,
including
benefits.
This
hourly
rate
was
used
for
all
activities
performed
by
NPDES­
authorized
states
in
this
ICR.

EPA
calculated
the
administrative
costs
of
the
information
collection
activities
by
multiplying
the
estimated
burden
by
the
hourly
labor
rate.
The
results
are
presented
below
in
Table
4.

Table
4.
Costs
to
NPDES­
Authorized
States
Information
Collection
Activity
Annual
Burden
Per
Respondent
(
hours)
State
Labor
Cost
($/
hr)
Annual
Cost
Per
Respondent
($)
NOI
processing
&
review
1.0
$
31.20
$
31.20
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
17
6(
c)
ESTIMATING
AGENCY
BURDEN
AND
COST
The
Agency
burden
and
costs
are
included
where
EPA
is
the
NPDES
permitting
authority
in
the
non­
NPDES­
authorized
states
and
territories.
An
estimate
of
the
burden
and
costs
for
the
Agency
result
from
activities
as
described
in
Section
5(
a).
These
burden
and
costs
are
identical
to
those
for
NPDES­
authorized
states
and
territories,
with
the
exception
of
the
need
to
provide
FWS
and
NMFS
consultations
in
areas
where
threatened
or
endangered
species
may
be
in
the
project
area.

Burden
Estimates
For
NOIs,
Agency
burden
is
expected
to
be
1.0
hours
per
respondent
for
data
entry
of
the
NOI
information
into
a
database
and
to
respond
to
any
inquiries.
The
FWS
and
NMFS
will
incur
a
burden
due
to
ESA­
related
questions
and
consultations.
EPA
estimates
that
the
FWS
and
NMFS
will
incur
10
hours
of
burden
for
formal
consultations
and
2
hours
for
informal
consultations.

No
burden
is
included
for
SWPPPs
as
described
in
Section
5(
a).

Cost
Estimates
All
cost
calculations
in
this
ICR
account
for
labor
costs
only.
The
hourly
labor
rate
for
the
Federal
government
is
based
on
the
following:

The
hourly
employment
cost
of
Federal
employees
was
determined
using
methodology
established
in
previous
ICRs.
According
to
the
U.
S.
Office
of
Personnel
Management,
2002
General
Schedule
(
Table
2002­
GS),
the
average
annual
salary
of
a
government
employee
at
the
GS­
9,
Step
10
level
is
$
44,783.
At
2,080
hours
per
year,
the
hourly
wage
is
$
21.53.
Assuming
overhead
costs
of
50
percent,
or
$
10.76
per
hour,
the
fully
loaded
cost
of
employment
for
a
federal
employee
is
$
32.39.
Costs
incurred
by
the
Agency
are
presented
in
Table
5.

Table
5.
Agency
Costs
Information
Collection
Activity
Annual
Burden
Per
Respondent
(
hours)
Agency
Labor
Cost
($/
hr)
Annual
Cost
Per
Respondent
($)

NOI
processing
&
review
1.0
$
32.39
$
32.39
FWS/
NMFS
informal
consultation
2.0
$
32.39
$
64.78
FWS/
NMFS
formal
consultation
10.0
$
32.39
$
323.90
6(
d)
ESTIMATING
THE
RESPONDENT
UNIVERSE
AND
TOTAL
BURDEN
AND
COSTS
The
total
burden
and
cost
on
the
all
respondents
as
a
group
can
be
calculated
by
multiplying
the
burden
and
cost
per
respondent
by
the
number
of
respondents
in
the
regulated
universe.

Estimating
the
Universe
of
Construction
Respondents
EPA
estimates
that
nationwide,
there
will
be
an
annual
average
of
201,213
construction
starts
of
five
acres
or
more
in
2003,
2004,
and
2005.
This
number
was
calculated
based
on
information
contained
in
the
Economic
Analysis
(
EA)
for
the
Final
Phase
II
Storm
Water
Rule.
As
indicated
in
Exhibit
3­
3
of
the
EA,
EPA
estimates
that
there
were
186,198
construction
starts
in
1998
that
were
five
acres
or
more
in
size.
The
EPA
further
estimates
that
the
number
of
annual
construction
starts
increases
by
1.3%
per
year.
Using
these
estimates
to
projecting
out
the
number
of
construction
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
18
starts
in
2003,
2004,
and
2005
and
averaging
the
number
over
three
years,
one
is
able
to
estimate
that
there
will
be
an
average
of
201,213
construction
starts
per
year
during
the
course
of
this
ICR.

Estimating
the
NPDES­
Authorized
State
Universe
To
determine
what
percentage
of
the
201,213
annual
construction
starts
take
place
in
NPDES­
authorized
states,
where
the
burden
of
administering
the
program
falls
on
the
state,
EPA
assembled
data
from
the
U.
S.
Census
Bureau,
Table
ST­
2001EST­
01
website
at
the
following
address:
(
http://
eire.
census.
gov/
popest/
data/
states/
populartables/
table01.
php).
According
to
the
2000
Census,
approximately
5.3
percent
of
the
population
lives
in
the
five
non­
NPDESauthorized
states,
Washington,
DC,
and
all
non­
NPDES­
authorized
territories.
Applying
this
percentage
to
the
total
universe
of
construction
sites
yields
approximately
10,664
sites
in
non­
NPDES­
authorized
states
and
territories,
and
190,549
sites
(
94.7
percent)
in
NPDES­
authorized
states
and
the
Virgin
Islands.
These
estimates
are
summarized
in
Table
6.

Table
6.
Relative
Number
of
Respondents
Information
Collection
Activity
Number
of
Annual
Respondents
In
NPDES­
Authorized
States
NOI
preparation
&
submittal
190,549
Development
of
SWPPP
190,549
Recordkeeping
190,549
In
States
where
EPA
is
the
Permitting
Authority
For
sites
where
no
ESA
consultation
is
necessary
(
60%
of
starts
in
non­
NPDES­
authorized
states)
NOI
preparation
&
submittal
6,399
Development
of
SWPPP
6,399
Recordkeeping
6,399
For
sites
where
an
informal
ESA
consultation
is
necessary
(
37.3%
of
starts
in
non­
NPDES­
authorized
states)
NOI
preparation
&
submittal
3,978
Development
of
SWPPP
3,978
Recordkeeping
3,978
For
sites
where
a
formal
ESA
consultation
is
necessary
(
2.7%
of
starts
in
non­
NPDES­
authorized
states)
NOI
preparation
&
submittal
288
Development
of
SWPPP
288
Recordkeeping
288
Total
Burden
and
Costs
Table
7
presents
the
estimated
annual
average
burden
and
costs
for
construction
activities.
Table
8
presents
the
estimated
annual
average
burden
and
costs
for
NPDES­
authorized
states.
Total
burden
and
costs
are
calculated
by
multiplying
the
cost
associated
with
each
activity
by
the
number
of
estimated
respondents.
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
19
Table
7.
Total
Respondent
Burden
and
Cost
Estimates
Information
Collection
Activity
Annual
Number
of
Respondents
Annual
Burden
Hours
Per
Respondent
Annual
Burden
(
hours)
Respondent
Labor
Cost
($/
hr)
Annual
Cost
($)

In
NPDES­
Authorized
States
NOI
preparation
&
submittal
190,549
1.5
285,823.5
$
38.50
$
11,004,205
Development
of
SWPPP
190,549
36.4
6,935,983.6
$
33.42
$
231,800,572
Recordkeeping
190,549
0.4
76,219.6
$
20.95
$
1,596,801
Annual
Subtotal
­
38.3
7,298,026.7
­
$
244,401,577
In
States
where
EPA
is
the
Permitting
Authority
For
sites
where
no
ESA
consultation
is
necessary
NOI
preparation
&
submittal
6,399
1.5
9,597.9
$
38.50
$
369,518
Development
of
SWPPP
6,399
36.4
232,908.1
$
33.42
$
7,783,788
Recordkeeping
6,399
0.4
2,559.4
$
20.95
$
53,620
Annual
Subtotal
­
38.3
245,065.4
­
$
8,206,925
For
sites
where
an
informal
ESA
consultation
is
necessary
NOI
preparation
&
submittal
3,978
6.0
23,866.7
$
38.50
$
918,867
Development
of
SWPPP
3,978
36.4
144,791.2
$
33.42
$
4,838,921
Recordkeeping
3,978
0.4
1,591.1
$
20.95
$
33,334
Annual
Subtotal
­
42.8
170,249.0
­
$
5,791,122
For
sites
where
a
formal
ESA
consultation
is
necessary
NOI
preparation
&
submittal
288
20.0
5,758.7
$
38.50
$
221,711
Development
of
SWPPP
288
36.4
10,480.9
$
33.42
$
350,270
Recordkeeping
288
0.4
115.2
$
20.95
$
2,413
Annual
Subtotal
­
56.8
16,354.8
­
$
574,394
ANNUAL
TOTAL
­
­
7,729,695.8
­
$
258,974,019
Table
8.
Total
NPDES­
Authorized
State
Burden
and
Costs
Information
Collection
Activity
Annual
Number
of
Respondents
Burden
Per
Respondent
(
hours)
Annual
Burden
(
hours)
Labor
Cost
($/
hr)
Annual
Cost
($)

NOI
processing
&
review
190,549
1.0
190,549
$
31.20
$
5,945,129
TOTAL
190,549
­
190,549
­
$
5,945,129
6(
e)
BOTTOM
LINE
BURDEN
HOURS
AND
COST
TABLES
The
bottom
line
burden
hours
and
cost
are
the
sum
of
all
the
hours
and
costs
incurred
for
all
activities
by
construction
operators,
NPDES­
authorized
states,
and
the
Agency.

Respondent
Tally
This
ICR
calculated
burden
and
cost
for
two
types
of
respondents:
1)
construction
sites
disturbing
five
acres
or
more,
and
2)
NPDES­
authorized
states.
The
combined
bottom
line
totals
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
20
for
the
two
respondent
types
are
201,259
respondents
performing
4
information
collection
activities
resulting
in
an
average
of
7,920,245
annual
burden
hours
at
an
annual
cost
of
$
264,919,148.
The
respondent
tally
is
presented
in
Table
9.

Table
9.
Annual
Respondent
Burden
and
Cost
Summary
Respondent
Type
Total
Number
of
Respondents
Number
of
Activities
Annual
Burden
(
hours)
Average
Annual
Cost
($)
Construction
sources
201,213
3
7,729,696
$
258,974,019
NPDES
authorized
states
46
1
190,549
$
5,945,129
TOTAL
201,259
4
7,920,245
$
264,919,148
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
storm
water
program
and
as
such,
Agency
burden
is
only
included
for
the
remaining
states
and
territories
(
as
described
in
6(
d)).

The
Agency's
total
burden
and
costs
is
presented
in
Table
10.
Bottom
line
annual
burden
is
21,499
hours
at
an
annual
cost
of
$
696,359.

Table
10.
Total
Agency
Burden
and
Costs
Information
Collection
Activity
Annual
Number
of
Respondents
Number
of
Activities
Annual
Burden
(
hours)
Annual
Cost
($)

NOI
processing
&
review
10,664
1
10,664
$
345,416
FWS/
NMFS
informal
consultation
3,978
1
7,956
$
257,681
FWS/
NMFS
formal
consultation
288
1
2,879
$
93,262
TOTAL
14,930
3
21,499
$
696,359
Total
Tally
The
sum
of
respondent,
NPDES­
authorized
state,
and
Agency
bottom
line
totals
are
7,941,744
burden
hours
per
year
at
an
annual
cost
of
$
265,615,507.

Variations
in
the
Annual
Bottom
Line
There
will
not
be
a
significant
variation
in
the
annual
respondent
reporting/
recordkeeping
burden
or
cost
over
the
course
of
the
clearance
period.

6(
f)
REASONS
FOR
CHANGE
IN
BURDEN
AND
COST
Table
11
presents
the
change
in
the
respondent
burden
from
the
previous
ICR
for
each
information
item
covered
by
this
ICR.
The
increase
in
applicant
respondent
and
NPDESauthorized
state
burden
is
due
to
a
technical
correction
to
the
methodology
used
to
estimate
the
number
of
construction
sites
covered
by
a
permit.
The
small
decrease
in
Agency
burden
because
of
the
use
of
population
data
to
more
accurately
determine
the
ratio
of
construction
starts
in
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
21
NPDES­
and
non­
NPDES­
authorized
states.
Table
11
also
includes
data
from
the
second
Federal
Register
Notice
for
the
previous
ICR
that
was
published
on
July
30,
1999
(
64
FR
41416).
That
column
presents
data
based
on
the
number
of
construction
starts
using
a
methodology
that
is
consistent
with
the
methodology
used
in
this
current
ICR.
The
burden
that
was
approved
in
the
previous
ICR
was
based
on
an
inaccurate
estimation
of
construction
starts
that
has
since
been
corrected.

Table
11.
Change
in
Annual
Burden
and
Costs
Information
Collection
Activity
Reported
Annual
Burden
(
hours)
Change
Current
ICR
Previous
ICR
Federal
Register
Notice
from
July
30,
1999
Change
between
Previous
ICR
and
Current
ICR
Change
between
July
30,
1999
Federal
Register
Notice
and
Current
ICR
Construction
Sources:
NOI
preparation
&
submittal
325,047
416,853
N/
A
­
91,806
N/
A
Development
of
SWPPP
7,324,164
4,100,933
N/
A
3,223,231
N/
A
Recordkeeping
80,485
45,066
N/
A
35,419
N/
A
Subtotal
7,729,696
4,562,852
7,697,707
3,166,844
31,989
NPDES­
Authorized
States
NOI
processing
&
review
190,549
190,600
N/
A
­
51
N/
A
Subtotal
190,549
190,600
N/
A
­
51
N/
A
Respondent
Total
7,920,245
4,753,452
N/
A
3,166,793
N/
A
Agency
NOI
processing
&
review
10,664
18,121
N/
A
­
7,457
N/
A
FWS/
NMFS
informal
consultation
7,956
13,518
N/
A
­
5,562
N/
A
FWS/
NMFS
formal
consultation
2,879
4,890
N/
A
­
2,011
N/
A
Agency
Total
21,499
36,529
N/
A
­
15,030
N/
A
No
capital
operations
and
maintenance
costs
are
associated
with
this
ICR.
As
such
the
estimated
capital
cost
of
$
2,045,000
from
the
previous
ICR
was
adjusted
to
$
0.

6(
g)
BURDEN
STATEMENT
Burden
Statement:
The
annual
public
reporting
and
recordkeeping
burden
for
this
collection
of
information
is
estimated
to
average
38.3
hours
per
response
in
NPDES­
authorized
states
and
40.5
hours
per
response
in
states
and
territories
where
EPA
is
the
permitting
authority.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15.
Storm
Water
Construction
General
Permit
ICR
February
20,
2003
Page
22
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.
OW­
2003­
0010,
which
is
available
for
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
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
public
docket,
and
to
access
those
documents
in
the
public
docket
that
are
available
electronically.
Once
in
the
system,
select
"
search,"
then
key
in
the
docket
ID
number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
(
OW­
2003­
0010)
and
OMB
control
number
(
2040­
0188)
in
any
correspondence.

Table
12.
Burden
Statement
Respondent
Average
Annual
Burden
(
hours)
Construction
Sources
Each
Construction
Source
in
an
NPDES­
Authorized
State
38.30
Each
Construction
Source
in
a
non­
NPDES­
Authorized
State
40.50
Each
NPDES­
Authorized
State
4,142.37
Agency
(
EPA)
21,499.21
