ICR:
PHASE
II
OF
THE
NATIONAL
POLLUTANT
DISCHARGE
ELIMINATION
SYSTEM
STORM
WATER
PROGRAM
July
19,
1999
Prepared
for
U.
S.
Environmental
Protection
Agency
Office
of
Wastewater
Management
401
M
Street
S.
W.
Washington,
D.
C.
20460
Prepared
by
Science
Applications
International
Corporation
11251
Roger
Bacon
Dr.
Reston,
VA
20190
EPA
Contract
Number
68­
C4­
0034
EPA
Work
Assignment
Number
IM­
4­
4
(
P)
SAIC
Project
Number
01­
0833­
08­
6232­
008
TABLE
OF
CONTENTS
CHAPTER
1
SHORT
CHARACTERIZATION
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1
CHAPTER
2
NEED
FOR
AND
USE
OF
THE
COLLECTION
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2
2.1
NEED
AND
AUTHORITY
FOR
THE
COLLECTION
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2
2.2
PRACTICAL
UTILITY
AND
USES
OF
THE
INFORMATION
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3
CHAPTER
3
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
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4
3.1
NONDUPLICATION
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4
3.2
PUBLIC
NOTICE
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4
3.3
CONSULTATIONS
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4
3.4
EFFECTS
OF
LESS
FREQUENT
COLLECTION
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4
3.5
GENERAL
GUIDELINES
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4
3.6
CONFIDENTIALITY
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5
3.7
SENSITIVE
QUESTIONS
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5
CHAPTER
4
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
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6
4.1
INDUSTRIAL
NO
EXPOSURE
RESPONDENTS
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6
4.1.1
Information
Requested
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7
4.1.2
Data
Items,
Including
Recordkeeping
Requirements
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7
4.1.3
Respondent
Activities
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8
4.2
NPDES­
AUTHORIZED
STATES
AND
TERRITORIES
RESPONDENTS
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8
4.2.1
Information
Requested
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8
4.2.2
Data
Items,
Including
Recordkeeping
Requirements
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4.2.3
Respondent
Activities
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9
CHAPTER
5
THE
INFORMATION
COLLECTED:
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
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5.1
AGENCY
ACTIVITIES
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11
5.2
COLLECTION
METHODOLOGY
AND
MANAGEMENT
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11
5.3
SMALL
ENTITY
FLEXIBILITY.
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11
5.4
COLLECTION
SCHEDULE
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12
CHAPTER
6
ESTIMATING
THE
BURDEN
&
COST
OF
THE
COLLECTION
PER
ACTIVITY
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13
6.1
ESTIMATING
RESPONDENT
BURDEN
AND
COST
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13
6.1.1
Industrial
No
Exposure
Respondents
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13
6.1.2
NPDES­
Authorized
States
and
Territories
Respondents
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14
6.2
ESTIMATING
THE
RESPONDENT
UNIVERSE
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14
6.2.1
Industrial
No
Exposure
Respondents
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15
6.2.2
NPDES­
Authorized
States
and
Territories
Respondents
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15
6.3
ESTIMATING
AGENCY
(
EPA)
BURDEN
AND
COST
PER
ACTIVITY
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15
6.4
ESTIMATING
THE
AGENCY
UNIVERSE
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16
6.5
ESTIMATING
THE
RESPONDENT
TOTAL
ANNUAL
BURDEN
AND
COSTS
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6.5.1
Industrial
No
Exposure
Facilities
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17
6.5.2
NPDES­
Authorized
States
and
Territories
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17
6.6
ESTIMATING
THE
AGENCY
TOTAL
ANNUAL
BURDEN
AND
COSTS
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18
6.7
BOTTOM
LINE
BURDEN
HOURS
AND
COST
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18
6.8
REASON
FOR
CHANGE
IN
BURDEN
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19
6.9
BURDEN
STATEMENT
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20
APPENDIX
A
­
No
Exposure
Certification
Form
LIST
OF
EXHIBITS
Exhibit
6­
1.
No
Exposure
Average
Annual
Total
Burden
and
Cost
Estimates
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17
Exhibit
6­
2.
NPDES­
Authorized
States
Average
Annual
Total
Burden
and
Cost
Estimates
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17
Exhibit
6­
3.
Agency
Average
Annual
Total
Burden
and
Cost
Estimates
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18
Exhibit
6­
4.
Total
Estimated
Respondent
and
Agency
Burden
and
Cost
Summary
(
Bottom
Line
Totals)
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19
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
1
CHAPTER
1
SHORT
CHARACTERIZATION
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.
Through
the
NPDES
Program,
EPA
regulates
a
variety
of
different
types
of
discharges.
In
response
to
the
need
for
comprehensive
NPDES
requirements
for
discharges
of
storm
water,
Congress
amended
the
CWA
in
1987
to
require
the
EPA
to
establish
phased
NPDES
storm
water
permitting
requirements.
The
first
phase
of
the
regulatory
development
effort
applied
to
eleven
categories
of
storm
water
discharges
associated
with
industrial
activity
and
to
discharges
from
municipal
separate
storm
sewer
systems
located
in
municipalities
with
a
population
of
100,000
or
more
(
i.
e.,
Phase
I
sources).
These
permitting
regulations
were
promulgated
on
November
16,
1990
(
55
FR
47990).

This
Information
Collection
Request
(
ICR)
addresses
the
new
regulations
for
Phase
II
of
the
NPDES
storm
water
program.
This
ICR
only
covers
the
first
three
year
period
after
the
effective
date
of
the
final
rule.
Under
the
Phase
II
rule,
EPA
is
regulating
storm
water
discharges
from
construction
sites
with
activities
disturbing
equal
to
or
greater
than
one
acre
and
less
than
five
acres
of
land,
and
small
municipal
separate
storm
sewer
systems
(
MS4s)
located
in
Bureau
of
the
Census­
designated
"
urbanized
areas"
(
additional
construction
sites
and
small
MS4s
may
be
designated
by
the
NPDES
permitting
authority).
NPDES
permits
provide
the
mechanism
for
establishing
appropriate
controls
on
these
Phase
II
sources.
The
Phase
II
rule
also
includes
a
provision
that
allows
industrial
facilities
regulated
under
Phase
I
of
the
NPDES
storm
water
program
to
obtain
an
exclusion
from
NPDES
permitting
requirements
if
they
can
certify
to
a
condition
of
"
no
exposure"
on
their
site.

Permits
will
not
be
required
for
small
construction
sites
and
regulated
small
MS4s
during
the
first
three
years
of
the
program.
The
data
collection
efforts
during
this
first
three
year
period
will
consist
of
the
submission
and
review
of
no
exposure
certifications
and
the
designation
of
additional
MS4s
outside
of
urbanized
areas
by
the
NPDES
permitting
authorities.

After
general
permits
are
issued
(
approximately
three
years
after
the
Phase
II
rule
is
final),
the
NPDES
permitting
authorities
intend
to
use
the
data
contained
in
storm
water
permit
applications,
construction
waiver
certifications,
storm
water
pollution
prevention
plans
(
SWPPPs),
no
exposure
certifications,
records,
and
reports
(
as
required
by
the
Phase
II
regulation)
to
set
appropriate
permit
conditions,
track
discharges
covered
by
a
storm
water
permit,
and
assess
permit
compliance.
In
addition
to
the
NPDES
permitting
authorities,
EPA's
Office
of
Wastewater
Management
(
Office
of
Water),
the
Office
of
Enforcement
and
Compliance
(
OECA),
and
environmental
groups
will
most
likely
use
the
information
collected
to
assess
the
regulated
community's
level
of
compliance
and
to
measure
the
overall
effectiveness
of
the
NPDES
storm
water
program.
These
will
be
covered
in
a
subsequent
ICR.

It
is
expected
that
the
no
exposure
certifications
will
be
submitted
in
hard
copy
form
and
then
placed
into
a
computer
database,
while
the
original
document
is
filed.
The
information
will
be
submitted
by
the
respondents
directly
to
each
NPDES­
authorized
State
or
Territory,
or
to
the
Notice
of
Intent
(
NOI)
Processing
Center
in
areas
where
EPA
is
the
NPDES
permitting
authority.

The
calculations
performed
for
this
ICR
during
the
first
three
years
of
Phase
II
program
implementation
cover
the
burden
and
costs
for
the
Agency
(
EPA)
and
two
types
of
respondents:
1)
industrial
"
no
exposure"
facilities,
and
2)
NPDES­
authorized
States
and
Territories.
The
combined
annual
totals
for
both
respondent
types
are
36,421
respondents
performing
3
information
collection
activities
resulting
in
56,369
burden
hours
at
a
cost
of
$
2,151,305.
The
Agency's
annual
totals
have
been
estimated
as
2
activities
performed
for
6,180
respondents
resulting
in
4,087
burden
hours
at
a
cost
of
$
115,948.
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
2
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
1
EPA
defines
a
point
source
as
"
any
discernible,
confined,
and
discrete
conveyance,
including
but
not
limited
to,
any
pipe,
ditch,
channel,
tunnel,
conduit,
well,
stock,
concentrated
animal
feeding
operation,
landfill
leachate
collection
system,
vessel
or
other
floating
craft
from
which
pollutants
are
or
may
be
discharged.
This
term
does
not
include
return
flows
from
irrigated
agriculture
or
agricultural
storm
water
runoff"
(
40
CFR
122.2).

Page
3
CHAPTER
2
NEED
FOR
AND
USE
OF
THE
COLLECTION
2.1
NEED
AND
AUTHORITY
FOR
THE
COLLECTION
The
purpose
of
the
CWA
is
"
to
restore
and
maintain
the
chemical,
physical
and
biological
integrity
of
the
Nation's
waters"
(
Section
101(
a)).
CWA
Section
402
establishes
the
NPDES
program
to
regulate
the
discharge
of
any
pollutant
or
combination
of
pollutants
from
point
sources1
into
waters
of
the
United
States.
Section
402(
a),
as
amended,
authorizes
the
EPA
Administrator
(
Administrator)
to
issue
permits
for
the
discharge
of
pollutants
if
those
discharges
meet
the
following
requirements:


All
applicable
requirements
of
CWA
Sections
301,
302,
306,
307,
308,
and
403

Any
conditions
the
Administrator
determines
are
necessary
to
carry
out
the
provisions
and
objectives
of
the
CWA.

Section
402(
a)
empowers
the
Administrator
to
issue
permits
regulating
discharges.
Section
402(
p)
authorizes
the
Administrator
to
issue
permits
for
storm
water
discharges,
in
particular.
Storm
water
regulations
are
found
in
40
CFR
Part
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
occasionally
requests
information
that
supplements
information
it
obtains
from
permit
applications.
EPA
calls
this
information
request
a
Section
308
Request,
or
a
request
for
supplemental
information.

The
information
collection
and
reporting
activities
covered
in
this
ICR
include
those
activities
required
during
the
first
three
years
of
the
NPDES
storm
water
Phase
II
program.

EPA
and
NPDES
permitting
authorities
need
the
information
in
order
to:


Identify
the
facilities
that
are
applying
for
no
exposure
certification

Identify
new
pollutants
in
existing
discharges

Issue
NPDES
storm
water
permits
with
appropriate
limitations
and
conditions
that
will
protect
human
health
and
the
environment

Assist
NPDES
permitting
authorities
in
identifying
proper
controls
°
Assist
NPDES
permitting
authorities
in
determining
compliance
with
no
exposure
°
Assist
the
public
in
determining
compliance
with
no
exposure
certification
in
conjunction
with
complaints

Update
EPA's
databases,
in
particular
in
order
to
calculate
national
permit
issuance,
backlog,
and
compliance
statistics

Evaluate
national
water
quality

Assist
EPA
in
program
management
to
ensure
national
consistency
in
permitting
°
Assist
EPA
in
prioritizing
permit
issuance
activities

Assist
EPA
in
policy
development
and
budgeting
°
Assist
EPA
and
NPDES
permitting
authorities
in
performing
cost­
benefit
analyses
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
2
These
"
gaps"
are
unregulated
areas
that
are
surrounded
by
areas
regulated
under
Phase
I
of
the
storm
water
program.
The
existence
of
these
gaps
is
due
to
the
nature
of
the
definition
of
a
Phase
I
MS4,
which
was
based
solely
on
population.

Page
4

Assist
EPA
in
responding
to
Congressional
and
public
inquiries.

2.2
PRACTICAL
UTILITY
AND
USES
OF
THE
INFORMATION
It
is
expected
that
EPA
will
use
the
information
collected
from
industrial
facilities
to
allow
for
comprehensive
management
of
pollutant
sources.
Information
from
certain
small
MS4s
outside
of
urbanized
areas
will
be
used
to
apply
designation
criteria
developed
by
the
NPDES
permitting
authority
in
order
to
identify
where
water
quality
problems
from
storm
water
exist.

The
Phase
I
storm
water
rule
(
55
FR
47990,
November
16,
1990)
does
not
regulate
all
sources
of
storm
water
discharges
known
to
contribute
pollutants.
As
such,
the
overall
effectiveness
of
the
storm
water
program
can
be
greatly
enhanced
by
the
adoption
of
the
limited
additional
controls
on
additional
sources
required
by
Phase
II.
Controlling
storm
water
runoff
from
construction
sites
that
disturb
equal
to
or
greater
than
one
but
less
than
five
acres
of
land
complements
the
Phase
I
construction
permit
program,
which
regulates
sites
disturbing
five
acres
or
greater
of
land.
Similarly,
regulating
small
MS4s
that
may
contribute
pollutant
discharges
to
already
regulated
MS4s
will
allow
for
enhanced
storm
water
control
and
pollutant
reduction
for
the
entire
urbanized
area.
A
principle
aim
of
the
Phase
II
rule's
regulation
of
small
MS4s
is
to
fill
in
the
unregulated
gaps
that
exist
at
present
in
many
of
the
Nation's
metropolitan
areas.
2
Such
current
regulatory
inequity
results
in
uncontrolled
discharges
of
storm
water
runoff
to
rivers,
lakes,
and
streams,
thus
reducing
the
probability
of
attaining
water
quality
standards.

All
entities
covered
under
the
Phase
II
rule
are
required
to
submit
some
information.
However,
this
information
will
vary
in
its
detail
and
scope.
Information
can
be
categorized
into
two
sets:
general
information
such
as
name,
location,
and
description
of
the
permit
applicant's
operations;
and
site
specific
information
related
to
the
applicant's
discharges.
The
NPDES
permitting
authorities
will
use
the
collected
information
in
the
ways
discussed
below.

General
Information:
Identification,
Location,
and
Description
of
Operations
NPDES
permitting
authorities
will
use
information
such
as
the
name,
location,
and
description
of
operations
to
identify
the
applicants
who
are
seeking
coverage
under
the
no
exposure
provision.
EPA
expects
that
those
seeking
coverage
will
use
the
no
exposure
certification
form
(
Appendix
A)
to
provide
such
information.
EPA
will
store
the
information
submitted
on
a
central
database,
referred
to
as
EPA's
NOI
Database,
housed
at
EPA's
NOI
Processing
Center.
The
NOI
Database
will
provide
EPA
with
an
­
inventory
of
storm
water
permit
holders
and
industries
applying
for
the
no
exposure
exclusion.
EPA
Headquarters
can
use
the
information
contained
in
the
NOI
Database
to
develop
reports
on
permit
issuance,
backlog,
and
compliance
rates.
The
Agency
also
expects
to
use
the
information
to
respond
to
public
and
Congressional
inquiries,
develop
and
guide
its
policies,
formulate
its
budgets,
and
manage
its
programs
to
ensure
national
consistency
in
permitting.
Authorized
governmental
entities
are
expected
to
use
the
information
submitted
to
them
in
similar
ways
to
manage
their
individual
programs.

Information
Related
to
Discharges
The
operators
of
Phase
I
industrial
facilities
who
seek
to
obtain
the
"
no
exposure"
exclusion
from
permitting
requirements
will
need
to
submit
detailed
site
information
as
requested
in
a
no
exposure
certification
form
(
see
Appendix
A
for
EPA's
No
Exposure
Certification
for
Exclusion
from
NPDES
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
5
Storm
Water
Permitting).
This
form
allows
operators
of
Phase
I
industrial
facilities
to
characterize
their
storm
water
discharge.
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
6
CHAPTER
3
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3.1
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,
it
has
no
other
way
to
obtain
the
information
addressed
in
this
ICR.

3.2
PUBLIC
NOTICE
The
ICR
was
published
as
part
of
the
proposed
rule
notice
in
the
Federal
Register
on
January
9,
1998.
The
notice
included
a
request
for
comments
on
the
content
and
impact
of
the
proposed
rule
on
the
regulated
community.
Comments
received
during
this
period
were
used
partly
to
substantiate
or
refute
the
burden
estimates
for
respondents.

3.3
CONSULTATIONS
EPA
finalized
the
requirements
addressed
in
this
ICR
after
receiving
comments
from
the
public
and
the
regulated
community.
EPA
allowed
90
days
for
comments
to
be
submitted
on
the
ICR
for
the
proposed
Phase
II
rule.
In
addition,
the
Agency
actively
sought
comment
and
input
as
it
developed
the
regulations.
EPA
chartered
a
Federal
Advisory
Committee
under
the
Federal
Advisory
Committee
Act
(
FACA)
that
included
a
Storm
Water
Phase
II
Subcommittee
to
provide
direction,
input
and
comment
throughout
the
development
of
the
Phase
II
regulations.
The
Subcommittee
consisted
of
a
variety
of
interested
stakeholders
including
industry
and
trade
organizations,
environmental
groups,
environmental
justice
representatives,
and
municipal,
State,
and
public
works
associations.

3.4
EFFECTS
OF
LESS
FREQUENT
COLLECTION
The
storm
water
regulations
require
permitted
entities
(
including
industrial
facilities
claiming
no
exposure)
to
reapply
for
coverage
under
NPDES
storm
water
permits
before
their
existing
permits
expire,
generally
once
every
five
years.
The
CWA
prohibits
NPDES
permits
to
have
terms
longer
than
five
years.
Less
frequent
permit
renewal
would
not
provide
the
NPDES
permitting
authority
with
sufficiently
current
data
to
establish
effective
permit
conditions.
Less
frequent
permit
issuance
would
also
hinder
the
ability
of
EPA
and
the
regulated
community
to
take
advantage
of
technological
improvements
as
they
occur,
or
to
track
long­
term
water
quality
trends.

3.5
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.
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
7
3.6
CONFIDENTIALITY
Although
highly
unlikely,
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.

3.7
SENSITIVE
QUESTIONS
No
exposure
certification
requirements
addressed
in
this
ICR
do
not
include
sensitive
questions.
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
3
Found
in
the
original
introductory
paragraph
of
40
CFR
§
122.26(
b)(
14).
The
Phase
II
rule
revised
this
paragraph
so
that
it
no
longer
addresses
the
no
exposure
exemption
for
category
(
xi)
facilities.
The
no
exposure
"
exemption"
is
now
a
no
exposure
"
exclusion"
found
in
the
revised
§
122.26(
g)
and
is
available
to
all
industrial
categories
with
a
condition
of
no
exposure.

Page
8
CHAPTER
4
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
This
chapter
discusses
the
information
requested
by
the
rule
for
the
following
respondents:
Phase
I
industrial
facilities
with
no
exposure
and
all
NPDES­
authorized
States
and
Territories.
As
described
earlier,
this
ICR
covers
only
the
initial
three
year
period
of
the
rule.
Information
requested
from
small
construction
and
regulated
small
MS4s
will
be
collected
after
this
initial
three
year
period
and
therefore
are
not
included
herein
as
respondents.
Section
4.1
describes
the
Phase
I
industrial
facilities
that
are
eligible
to
certify
to
"
no
exposure"
and
the
information
required
to
be
submitted
in
order
to
qualify
for
the
no
exposure
exclusion.
Section
4.2
describes
the
universe
of
NPDES­
authorized
States
and
Territories
and
their
information
collection
responsibilities
under
the
rule.

4.1
INDUSTRIAL
NO
EXPOSURE
RESPONDENTS
The
Phase
II
rule
deleted
the
sentence
regarding
a
"
no
exposure"
exemption
for
the
category
(
xi)
facilities
at
40
CFR
§
122.26(
b)(
14)
and
added
a
new
section
at
§
122.26(
g),
Conditional
Exclusion
for
No
Exposure
of
Industrial
Activities
and
Materials
to
Storm
Water.
Unlike
the
old
no
exposure
provision3
which
only
applied
to
category
(
xi),
"
light
industry"
facilities,
the
new
no
exposure
provision
applies
to
all
classes
of
industrial
activities
discharging
storm
water
that
are
defined
at
§
§
122.26(
b)(
14)(
i)­(
xi),
except
for
construction
activity
defined
at
§
122.26(
b)(
14)(
x)
or
industrial
sources
individually
designated
by
the
NPDES
permitting
authority,
that
can
certify
to
a
condition
of
no
exposure.
The
rule
allows
Phase
I
regulated
industrial
facilities
that
can
certify
that
they
have
no
exposure
of
industrial
activities,
materials
and
product
handling
equipment
to
storm
water
to
be
excluded
from
the
NPDES
industrial
permitting
requirements
as
long
as
they
maintain
a
condition
of
no
exposure.

Six
of
the
eleven
categories
of
industrial
activity
provide
narrative
descriptions
of
the
industrial
activity,
and
five
of
the
categories
are
identified
by
SIC
code.
The
affected
categories
include:

$
Category
(
i):
Facilities
subject
to
storm
water
effluent
limitations
guidelines,
new
source
performance
standards,
or
toxic
pollutants
effluent
standards
under
40
CFR,
Subchapter
N
$
Category
(
ii):
24
(
except
2434),
26
(
except
265
and
267),
28
(
except
283and
285),
29,
311,
32
(
except
323),
33,
3441,
and
373
$
Category
(
iii):
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):
5015
and
5093
$
Category
(
vii):
Steam
electric
power
generating
facilities,
including
coal
handling
sites
$
Category
(
viii):
Transportation
facilities
classified
as
40,
41,
42
(
except
4221­
45),
43,
44,
45,
and
5171
which
have
vehicle
maintenance
shops,
equipment
cleaning
operations,
or
airport
deicing
operations
$
Category
(
ix):
Treatment
works
treating
domestic
sewage
or
any
other
sewage
sludge
or
wastewater
treatment
device
or
system
[
for
further
details
see
40
CFR
122.26(
b)(
14)(
ix)]
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
9
$
Category
(
xi):
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
[
Facilities
in
these
SIC
codes
are
included
only
if
have
exposure
of
industrial
activities
and
materials
to
storm
water].

4.1.1
Information
Requested
In
order
to
obtain
the
no
exposure
exclusion
from
permitting,
the
Phase
II
rule
requires
operators
of
industrial
facilities
identified
in
the
categories
under
§
122.26(
b)(
14)
to
submit
to
the
NPDES
permitting
authority
a
written
certification
that
no
exposure
conditions
exist.
The
Phase
II
rule
includes
a
form
for
this
purpose
entitled
No
Exposure
Certification
for
Exclusion
from
NPDES
Storm
Water
Permitting,
which
is
included
in
this
ICR
as
Appendix
A.
The
certification
must
be
re­
submitted
once
every
five
years.
If
conditions
change
during
the
five­
year
period
such
that
exposure
exists,
the
operator
must
obtain
an
NPDES
permit
immediately.

Under
the
original
Phase
I
no
exposure
provision,
the
operators
of
category
(
xi)
facilities
with
no
exposure
were
not
required
to
notify,
or
certify
to,
the
NPDES
permitting
authority
that
no
exposure
conditions
existed.
They
simply
did
not
submit
a
permit
application.

4.1.2
Data
Items,
Including
Recordkeeping
Requirements
No
Exposure
Certification
In
order
to
obtain
the
no
exposure
exclusion,
submission
of
a
written
certification
of
no
exposure
is
required
under
revised
§
122.26(
g)
of
the
Phase
II
rule.
The
following
information,
requested
in
the
No
Exposure
Certification
for
Exclusion
from
NPDES
Storm
Water
Permitting
form
(
Appendix
A),
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/
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
yes,
the
permit
number

The
SIC/
Activity
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:

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


Materials
or
products
during
loading/
unloading
or
transporting
activities

Materials
or
products
stored
outdoors
(
except
final
products
intended
for
outside
use
[
e.
g.,
new
cars]
where
exposure
to
storm
water
does
not
result
in
the
discharge
of
pollutants

Materials
contained
in
open,
deteriorated
or
leaking
storage
drums,
barrels,
tanks,
and
similar
containers
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
4
Both
Florida
and
Texas
have
NPDES
program
authorization
but
have
chosen
not
to
administer
the
storm
water
portion
of
the
NPDES
program
until
2000
(
until
then,
EPA
is
the
permitting
authority
for
the
storm
water
program
in
these
states).
However,
these
two
states
are
still
included
in
the
total
count
of
NPDES­
authorized
States
for
the
purposes
of
this
ICR
because
implementation
of
the
Phase
II
rule
will
just
be
beginning
by
2000.

Page
10

Materials
or
products
handled/
stored
on
roads
or
railways
owned
or
maintained
by
the
discharger

Waste
materials
(
except
waste
in
covered,
non­
leaking
containers
[
e.
g.,
dumpsters])

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

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

4.1.3
Respondent
Activities
The
main
respondent
activity
will
be
completion
and
submission
of
the
no
exposure
certification.
Respondent
activities
can
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,
drafting
letters,
and
mailing
completed
forms/
letters
to
the
NPDES
permitting
authority
and
the
operator
of
the
MS4
that
the
industrial
site
discharges
into.


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


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

4.2
NPDES­
AUTHORIZED
STATES
AND
TERRITORIES
RESPONDENTS
Clean
Water
Act
§
402(
b)
allows
States
and
Territories
to
acquire
authority
for
the
NPDES
program.
There
are
43
States
and
one
Territory,
the
Virgin
Islands,
that
have
received
NPDES
program
authorization.
4
In
these
NPDES­
authorized
areas,
the
State
or
Territory
acts
as
the
NPDES
permitting
authority
and
administers
the
NPDES
programs,
including
the
storm
water
program.
In
the
remaining
nine
States
and
Territories,
EPA
serves
as
the
NPDES
permitting
authority.

4.2.1
Information
Requested
The
Phase
II
rule
does
not
require
information
submitted
to
the
authorized
States
and
Territories
to
be
forwarded
to
EPA,
but
they
must
process
and
review
the
data
items
submitted
by
industrial
facilities
with
no
exposure.
They
must
also
gather
information
for
the
designation
of
additional
small
MS4s
outside
of
urbanized
areas.
After
the
initial
three
year
period
of
this
ICR,
authorized
States
and
Territories
must
process
and
review
data
items
submitted
by
the
operators
of
small
construction
sites
and
regulated
small
MS4s.
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
11
The
development
of
information
collection
forms
by
the
NPDES­
authorized
States
and
Territories
has
not
been
included
in
this
ICR.
EPA
expects
all
necessary
forms
to
be
part
of
the
final
rule
package
and
EPA
Headquarter's
implementation
efforts.
Furthermore,
some
forms
have
already
been
developed
by
the
NPDES
permitting
authorities.
Therefore,
because
the
NPDES
permitting
authorities
may
simply
adopt
the
EPA
forms
or
use
their
pre­
existing
forms
with
minor
modifications,
EPA
estimates
that
the
NPDES
permitting
authorities
will
not
incur
any
additional
burden
for
the
development
of
forms.

Section
4.2.2
describes
each
data
item
submitted
to
the
NPDES
permitting
authority
and
the
designation
of
additional
small
MS4s,
and
section
4.2.3
describes
the
activities
associated
with
each.

4.2.2
Data
Items,
Including
Recordkeeping
Requirements
Small
MS4
Program
Designation
of
Additional
Small
MS4s
The
NPDES
permitting
authorities
are
required
to
assess
small
MS4s
located
outside
of
urbanized
areas
for
possible
inclusion
in
the
Phase
II
storm
water
program.
In
doing
so,
they
are
required
to
develop
designation
criteria
and
apply
them
to
all
areas
outside
of
Bureau
of
the
Census
urbanized
areas
that
have
a
population
of
at
least
10,000
and
a
population
density
of
at
least
1,000
in
order
to
determine
if
a
community's
characteristics
signal
the
need
for
storm
water
permit
coverage.
They
must
designate
any
small
MS4s
meeting
the
designation
criteria.
Such
criteria
may
include
some
of
the
following:
discharge
to
sensitive
waters,
high
growth
or
growth
potential,
high
population
density,
contiguity
to
an
urbanized
area,
and
significant
contributor
of
pollutants
to
waters
of
the
United
States.

The
NPDES
permitting
authorities
must
also
designate
any
small
MS4
that
they
find
is
contributing
substantially
to
the
pollutant
loadings
of
a
physically
interconnected
MS4
that
is
already
regulated
under
the
NPDES
storm
water
program.

Industrial
No
Exposure
No
Exposure
Certification
Processing
and
Review
The
no
exposure
certification
submitted
to
the
NPDES
permitting
authority
by
the
operators
of
industrial
facilities
will
likely
be
placed
into
a
database
upon
receipt.
The
NPDES
permitting
authorities
must
then
review
the
certifications
for
completeness
and
compliance
with
the
conditions
of
the
no
exposure
provision
in
the
Phase
II
rule.

4.2.3
Respondent
Activities
The
two
main
respondent
activities
for
NPDES­
Authorized
States
and
Territories
is
the
designation
of
additional
MS4s
and
no
exposure
certification
processing
and
review.
Respondent
activities
can
vary
depending
on
the
characteristics
of
the
particular
authorized
State
or
Territory
and
the
methodology,
or
approach,
they
chose
in
administering
the
program.
However,
any
NPDES
permitting
authority
may
be
expected
to
engage
in
the
following
types
of
activities:


Preparing
basic
information.
This
can
include
reading
instructions
and
regulations
for
the
Phase
II
storm
water
program,
consulting
technical/
legal/
political
staff,
reviewing
guidance
materials,
gathering
general
information,
typing
or
completing
forms,
and
drafting
letters.


Gathering
detailed
information.
Detailed
information
gathered,
particularly
for
designation
purposes,
may
include
visual
inspection
information,
monitoring
data,
an
inventory
of
industrial
and
commercial
activities,
information
on
the
topography
and
geography
of
certain
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
12
areas
(
e.
g.,
population,
density,
percent
impervious,
watershed
characteristics,
location
of
sensitive
waters),
data
on
local
development
patterns,
or
any
other
information
that
would
aid
in
the
determination
of
the
impact
of
a
small
MS4
on
receiving
water
quality.


Maintaining
records.
Respondents
may
need
to
develop
a
recordkeeping
system,
develop
master
databases
for
the
data
items
received,
train
personnel,
enter
data,
and
distribute
the
information
to
interested
parties,
such
as
the
reviewers
and
the
enforcers.

°
Reviewing
submitted
data
items.
This
includes
answering
respondent
questions
and
a
careful
review
by
technical
staff
to
assess
the
completeness
and
compliance
(
with
the
rule
and/
or
permit)
of
the
no
exposure
certifications.
They
may
also
need
to
assess
whether
an
applicant
submitting
a
no
exposure
certification
for
exclusion
should
be
permitted
instead.
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
13
CHAPTER
5
THE
INFORMATION
COLLECTED:
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5.1
AGENCY
ACTIVITIES
The
Agency's
activities
as
the
NPDES
permitting
authority
for
nine
States
and
Territories
are
exactly
the
same
as
those
for
the
NPDES­
authorized
States
and
one
Territory's
activities.
See
Section
4.2
for
a
profile
of
the
NPDES­
authorized
States
and
Territories
activities
under
the
rule.

5.2
COLLECTION
METHODOLOGY
AND
MANAGEMENT
As
each
application
or
information
collection
activity
contains
unique
information,
and
because
respondents
submit
information
infrequently
(
once
every
five
years),
improved
information
technology
would
not
reduce
respondent
burden
in
a
cost­
effective
manner.

For
this
ICR,
the
following
items
have
been
estimated
and
cost
calculated:


For
operators
of
industrial
facilities
that
are
eligible
for
a
no
exposure
exclusion
from
the
NPDES
permitting
requirements:


preparation
and
submittal
of
a
no
exposure
certification
(
see
Appendix
A).


For
Federal,
State,
and
Territorial
governments
acting
as
NPDES
permitting
authorities
the
following
activities
have
been
estimated
and
cost
calculated:


Developing
and
applying
small
MS4
designation
criteria,
including
designating
small
MS4s
polluting
physically
interconnected
MS4s
that
are
already
regulated
under
the
storm
water
program

Processing
and
reviewing
industrial
no
exposure
certifications.

5.3
SMALL
ENTITY
FLEXIBILITY
The
rule
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).

The
RFA
defines
small
governmental
jurisdictions
and
organizations
(
U.
S.
EPA,
1992).
A
small
government
is
the
government
of
a
city,
county,
town,
school
district,
or
special
district
or
tribal
jurisdiction
with
a
population
of
fewer
than
50,000.
EPA
identified
approximately
4,746
small
governments
that
meet
this
definition
and
are
covered
by
the
rule.
A
small
organization
is
any
not­
forprofit
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.

For
many
reasons,
EPA
believes
the
reporting
requirements
discussed
in
this
ICR
do
not
place
an
unreasonable
burden
on
small
business
or
operators
of
small
MS4s.
Over
the
last
few
years,
EPA
has
made
efforts
to
reduce
application
and
reporting
burdens
on
businesses
of
all
sizes.
The
Agency
specifically
developed
the
general
permit
procedures
to
greatly
reduce
burden
hours
and
costs
associated
with
the
individual
application
process.
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
14
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,
but
insignificantly,
by
an
estimated
1
hour.
Therefore,
small
entities
are
not
unreasonably
burdened
by
the
no
exposure
provision.

5.4
COLLECTION
SCHEDULE
Construction
Program
Waiver
Certification,
NOI
and
NOT
Permits
will
not
be
required
from
small
construction
sources
for
up
to
three
years
and
90
days
from
the
effective
date
of
the
final
rule,
so
the
burden
for
these
activities
will
be
covered
in
a
subsequent
ICR.

Small
MS4
Program
NOI
and
Annual
Reports
Permits
will
not
be
required
from
regulated
small
MS4s
for
up
to
three
years
and
90
days
from
the
effective
date
of
the
final
rule,
so
the
burden
for
these
activities
will
be
covered
in
a
subsequent
ICR.

Designation
of
Additional
MS4s
The
gathering
of
the
information
required
to
develop
designation
criteria
and
assess
small
MS4s
outside
of
urbanized
areas
should
be
completed
within
the
first
three
years
after
promulgation
of
the
Phase
II
rule.

Industrial
No
Exposure
No
Exposure
Certification
A
no
exposure
certification
must
be
submitted
to
the
NPDES
permitting
authority
at
least
once
every
five
years,
with
five
years
being
the
maximum
life
of
the
certification.
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
5
Labor
rates
are
inflated
from
1997
dollars
using
the
wages
and
salaries
employment
cost
index
as
reported
by
Bureau
of
Labor
Statistics.

Page
15
CHAPTER
6
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6.1
ESTIMATING
RESPONDENT
BURDEN
AND
COST
PER
ACTIVITY
In
this
section,
EPA
explains
its
respondent
burden
and
cost
estimates
for
each
information
request
for
the
first
three
years
of
the
Phase
II
rule.
The
respondents
include
Phase
I
industrial
facilities
with
a
condition
of
no
exposure.
The
44
NPDES­
authorized
States
and
Territories
are
also
included
as
respondents
within
this
section.
The
burden
hours
and
labor
cost
estimates
are
provided
in
Exhibits
6­
1
and
6­
2
for
industrial
no
exposure
respondents
and
NPDES­
Authorized
States
(
in
accordance
with
OMB's
instructions,
this
ICR
calculates
burden
and
costs
to
respondents
on
an
annual
basis)
and
are
discussed
herein
by
individual
respondent
in
Section
6.1.
These
respondent
estimates
are
then
discussed
in
terms
of
total
burden
hours
and
total
costs
in
Section
6.5.

The
NPDES
program
is
administered
by
EPA
in
the
nine
remaining
States
and
Territories.
A
discussion
of
the
Agency
burden
and
cost
estimates
associated
with
the
rule
can
be
found
in
Section
6.3,
and
a
discussion
of
total
Agency
burden
hours
and
total
costs
can
be
found
in
Section
6.6.
The
Bottom
Line
burden
hours
and
cost
estimates
are
presented
in
Section
6.7.

An
ICR
must
include
in
the
total
cost
for
each
respondent
activity,
the
labor
cost,
capital/
start­
up
cost,
and
operation
and
maintenance
cost.
However,
this
ICR
only
includes
labor
costs.
EPA
has
determined
that
there
are
no
capital
or
operation
and
maintenance
costs
associated
with
any
of
the
information
collection
activities
required
by
the
Phase
II
rule.
The
no
exposure
provision,
revised
by
the
Phase
II
rule,
does
not
mandate
operators
of
industrial
facilities
to
construct
structures
to
ensure
that
no
exposure
conditions
exist.
Respondents
also
will
not
be
required
to
pay
for
capital
equipment
or
operations
and
maintenance
to
respond
to
the
additional
information
requests.

6.1.1
Industrial
No
Exposure
Respondents
The
single
respondent
activity
for
operators
of
industrial
facilities
certifying
to
a
condition
of
no
exposure
is
the
preparation
and
submission
of
a
no
exposure
certification,
such
as
the
one
included
in
Appendix
A.
See
Exhibit
6­
1
for
a
summary
of
the
burden
and
cost
estimates
for
this
respondent
activity.

Burden
Estimates
An
informal
poll
of
contractor
and
EPA
professionals
knowledgeable
of
the
storm
water
program
for
industrial
facilities
was
conducted.
Through
the
poll,
it
was
estimated
that
it
would
take
on
average
1
hour
to
complete
a
no
exposure
certification
form,
such
as
the
one
in
Appendix
A.

Cost
Estimates
All
cost
calculations
in
this
ICR
account
for
labor
costs
only.
EPA
calculated
the
respondent
cost
for
operators
of
industrial
facilities
certifying
to
a
condition
of
no
exposure.
The
average
hourly
wage
for
private
sector
industrial
employees
(
including
overhead
and
G&
A)
is
estimated
to
be
$
44.35
in
1998
dollars.
5
This
figure
is
based
on
the
average
hourly
compensation
for
all
employees
in
the
manufacturing
sector
(
SIC
codes
20
through
39)
and
includes
50
percent
for
overhead,
67
percent
for
fringe,
and
15
percent
for
inflation
(
also
presented
in
section
9.3
of
the
Economic
Analysis).
The
source
of
the
number
of
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
6
Adjusted
to
1998
dollars
using
the
employment
cost
index
for
State
and
local
governments
wages
and
salaries
as
reported
by
the
Bureau
of
Labor
Statistics.

Page
16
employees
is
U.
S.
Department
of
Commerce,
Bureau
of
the
Census.
1995.
1993
Annual
Survey
of
Manufactures:
Statistics
for
Industry
Groups
and
Industries,
M93(
AS)­
1.
Table
2,
page
1­
8.

The
labor
rate
of
$
44.35
an
hour
was
used
for
facilities
to
certify
a
condition
of
no
exposure.

6.1.2
NPDES­
Authorized
States
and
Territories
Respondents
The
Office
of
Management
and
Budget
requires
the
State
administrative
burden
and
cost
to
be
included
in
the
compliance
section
of
the
ICR.
The
two
respondent
activities
for
the
NPDES­
authorized
States
and
one
Territory,
who
act
as
the
NPDES
permitting
authority
in
their
States
and
Territory,
are
to:
(
1)
designate
additional
small
MS4s,
and
(
2)
process
and
review
industrial
no
exposure
forms.
See
Exhibit
6­
2
for
a
summary
of
the
burden
and
cost
estimates
for
the
two
activities
performed
by
the
NPDESauthorized
entities.

Burden
Estimates
Industrial
No
Exposure
EPA
has
estimated
that
it
will
take
NPDES
permitting
authorities
an
average
of
30
minutes
to
process
each
no
exposure
certification
form
submitted
by
the
operator
of
a
Phase
I
industrial
facility.

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

This
estimate
is
based
on
an
informal
poll
of
contractor
and
EPA
professionals
knowledgeable
of
the
storm
water
program
for
industrial
facilities.

Cost
Estimates
All
cost
calculations
in
this
ICR
account
for
labor
costs
only.
The
hourly
labor
rate
for
NPDESauthorized
States
and
Territories
was
based
on
the
the
average
hourly
wage
for
State
employees
as
determined
by
the
U.
S.
Department
of
Labor
for
State
employees
in
U.
S.
Department
of
Labor
Employment
Cost
Indexes
and
Levels
1975­
95,
Bulletin
2466,
October
1995,
page
17
and
seen
in
exhibit
9­
8
of
the
Economic
Analysis.
The
mean
hourly
wage
rate
is
$
26.91
(
including
50%
for
overhead
expenditures)
compensation
in
1998
dollars.
6
The
labor
rate
of
$
26.91
an
hour
was
used
for
all
NPDES­
authorized
States
and
Territories
respondent
activities
defined
in
this
ICR.

6.2
ESTIMATING
THE
RESPONDENT
UNIVERSE
The
number
of
respondents
for
each
activity
is
referred
to
as
the
respondent
universe
and
is
discussed
in
the
subsections
below.
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
7
U.
S.
Environmental
Protection
Agency,
Office
of
Wastewater
Management.
July
2,
1999.
Economic
Analysis
of
Storm
Water
Phase
II
Rule:
Initial
Final
Draft.
Section
9.3.

8
44/
53
*
36,377
=
30,200
industrial
facilities.
There
are
forty­
four
NPDES­
authorized
States
and
Territories.
Fifty­
three
is
the
total
number
of
States,
Territories,
and
the
District
of
Columbia.

Page
17
6.2.1
Industrial
No
Exposure
Respondents
The
total
number
of
Phase
I
industrial
facilities
defined
by
the
categories
under
§
122.26(
b)(
14)
that
are
estimated
to
be
eligible
for
the
no
exposure
provision
and,
therefore,
expected
to
complete
the
no
exposure
certification
form,
is
approximately
181,885.7
Dividing
the
total
of
181,885
by
five,
for
the
five
years
during
which
each
no
exposure
certification
is
effective,
results
in
an
annual
total
of
36,377
industrial
no
exposure
respondents.
EPA
estimates
that
36,377
industrial
facilities
would
be
eligible
for
the
no
exposure
provision
in
each
of
the
three
years
covered
by
this
ICR.

6.2.2
NPDES­
Authorized
States
and
Territories
Respondents
The
respondent
universe
for
NPDES­
authorized
States
and
Territories
falls
within
the
activities
of
no
exposure
certification
processing
and
review,
and
designation
of
additional
small
MS4s.
The
respondent
universe
is
dependent
upon
the
fact
that
only
44
States
and
Territories
are
NPDES­
authorized
for
the
storm
water
program
by
2000.
The
remaining
nine
States
and
Territories
are
under
the
NPDES
authority
of
the
Agency.
This
ratio
was
used
to
determine
the
respondents
per
year
for
the
NPDES
authorized
States
and
Territories.

Industrial
No
Exposure
Provision
Applying
the
percentage
of
NPDES­
authorized
States
and
Territories
to
the
average
annual
total
of
36,377
industrial
"
no
exposure"
facilities
results
in
30,200
industrial
facilities
within
NPDES­
authorized
States
and
Territories.
8
Small
MS4
Program
For
the
activity
of
developing
designation
criteria
and
using
them
to
assess
small
MS4s
located
outside
of
an
urbanized
area,
a
respondent
universe
of
44
is
used
to
represent
each
of
the
NPDESauthorized
States
and
Territories
for
which
this
activity
must
be
done.
EPA
assumes
that
collection
of
information
for
designation
of
additional
small
MS4s
will
occur
in
the
year
before
permits
are
issued.
Therefore,
the
respondent
universe
divided
by
the
three
years
of
this
ICR
gives
an
average
annual
number
of
15
respondents.

6.3
ESTIMATING
AGENCY
(
EPA)
BURDEN
AND
COST
PER
ACTIVITY
The
Agency
burden
and
costs
associated
with
the
Phase
II
storm
water
program
will
impact
the
Agency
where
it
is
acting
as
the
NPDES
permitting
authority
in
the
nine
non­
NPDES­
authorized
States
and
Territories.
An
estimate
of
the
burden
and
costs
for
the
Agency
results
from
the
Phase
II
affected
entities
complying
with
the
application,
certification,
reporting,
and
notice
requirements
in
the
rule.
See
Exhibit
6­
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
9
Source:
U..
S.
Office
of
Personnel
Management,
1998
General
Schedule.

10
9/
53
*
36,377
annual
total
of
industrial
no
exposure
facilities
=
6,177
industrial
no
exposure
facilities
in
non­
NPDESauthorized
States
and
Territories
annually.
There
are
nine
non­
NPDES­
authorized
States
and
Territories.
Fifty­
three
is
the
total
number
of
States,
Territories,
and
the
District
of
Columbia.

Page
18
3
for
a
summary
of
the
Agency
activities,
and
the
burden
and
cost
estimates
associated
with
those
activities.

Burden
Estimates
The
Agency
burden
associated
with
managing
and
implementing
the
rule
as
an
NPDES
permitting
authority
is
exactly
the
same
as
the
burden
estimated
for
NPDES­
authorized
States
and
Territories.
See
Section
6.1.4.

Cost
Estimates
All
cost
calculations
in
this
ICR
account
for
labor
costs
only.
The
hourly
labor
rate
for
the
Federal
government
was
based
on
the
average
annual
salary
for
Federal
employees
of
$
39,338,
which
is
equivalent
to
the
salary
of
a
GS­
9,
Step
10
Federal
employee9.
At
2,080
labor
hours
per
year,
the
hourly
rate
is
$
18.91.
Overhead
costs
for
Federal
employees
are
estimated
to
be
50%,
or
$
9.46
per
hour,
yielding
a
fully
loaded
hourly
rate
of
$
28.37
in
1998
dollars
and
presented
in
Exhibit
9­
9
of
the
Economic
Analysis.

The
hourly
rate
of
$
28.37
was
used
for
all
Agency
activities
defined
in
this
ICR.

6.4
ESTIMATING
THE
AGENCY
UNIVERSE
The
respondent
universe
for
the
Agency
falls
within
the
activities
of
no
exposure
certification
processing
and
review,
and
designation
of
additional
MS4s.
The
respondent
universe
is
dependent
upon
the
fact
that
only
nine
States
and
Territories
are
under
the
NPDES
authority
of
the
Agency.
The
remaining
44
States
and
Territories
are
NPDES­
authorized
for
the
storm
water
program
by
2000.

Small
MS4
Program
For
the
activity
of
developing
designation
criteria
and
using
them
to
assess
small
MS4s
located
outside
of
an
urbanized
area,
a
respondent
universe
of
nine
is
used
to
represent
each
of
the
non­
NPDESauthorized
States
and
Territories
for
which
the
Agency
must
perform
this
activity.
EPA
assumes
that
collection
of
information
for
designation
of
additional
small
MS4s
will
occur
in
the
year
before
permits
are
issued.
Therefore,
the
respondent
universe
(
9)
divided
by
the
three
years
of
this
ICR
gives
an
average
annual
number
of
3
respondents.

Industrial
No
Exposure
Provision
Applying
the
percentage
of
non­
NPDES­
authorized
States
and
Territories
to
the
average
annual
total
of
36,377
industrial
"
no
exposure"
facilities
results
in
6,177
facilities
in
non­
NPDES­
authorized
States
and
Territories.
10
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
19
6.5
ESTIMATING
TOTAL
ANNUAL
BURDEN
AND
TOTAL
ANNUAL
COSTS
Using
the
burden
and
costs
per
activity
calculated
for
all
respondents
as
discussed
in
Section
6.1,
the
total
burden
and
total
cost
for
all
respondents
can
be
calculated.

6.5.1
Industrial
No
Exposure
Facilities
Based
on
a
universe
of
36,377
respondents
per
year,
the
total
annual
burden
for
preparing
and
submitting
a
no
exposure
certification
form
is
estimated
to
be
36,377
hours
at
a
total
annual
cost
of
$
1,613,320.

Exhibit
6­
1.
No
exposure
Average
Annual
Total
Burden
and
Cost
Estimates
Information
Collection
Activity
A
Avg.
Annual
Respondents
B
Burden
Hours
Per
Respondent
(
A)
x
(
B)
=
C
Annual
Respondent
Burden
Hours
D
Respondent
Labor
Cost
($/
hr)
(
1998
$)
(
C
)
x
(
D)
=
E
Annual
Cost
($)

No
Exposure
Certification
(
completion
&
submittal)
36,377
1.0
36,377
$
44.35
$
1,613,320
6.5.2
NPDES­
Authorized
States
and
Territories
The
associated
total
burdens
and
costs
for
NPDES­
authorized
States
and
Territories
is
best
presented
with
the
two
general
areas
(
1)
the
small
MS4
program
and
(
2)
industrial
no
exposure
provision.

For
both
of
the
information
collection
activities
for
which
NPDES­
authorized
States
and
Territories
are
responsible,
the
total
annual
burden
is
19,992
hours
at
a
total
annual
cost
of
$
537,985.
The
average
annual
respondents
is
44,
for
the
44
NPDES­
Authorized
States
and
Territories.

Small
MS4
Program
Using
an
average
annual
respondent
universe
of
15
States
and
Territories,
the
burden
for
designating
additional
small
MS4s
is
estimated
at
4,892
hours
annually
at
a
cost
of
$
131,644.

Industrial
No
Exposure
Provision
Based
on
the
average
annual
respondent
universe
of
30,200,
the
annual
burden
for
processing
and
reviewing
the
no
exposure
certifications
is
15,100
hours
at
a
cost
of
$
406,341.

Exhibit
6­
2.
NPDES­
Authorized
States
Average
Annual
Total
Burden
and
Cost
Estimates
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
20
Information
Collection
Activity
A
Avg.
Annual
Respondents
B
Burden
Hours
Per
Respondent
(
A)
x
(
B)
=
C
Annual
Respondent
Burden
Hours
D
Respondent
Labor
Cost
($/
hr)
(
1998
$)
(
C
)
x
(
D)
=
E
Annual
Cost
($)

No
Exp.
Cert.
Process
&
Review
30,200
0.5
15,100
26.91
406,341
Designation
Of
Add.
MS4s
15
332.8
4,892
26.91
131,644
Annual
Totals
30,215
19,992
537,985
6.6
ESTIMATING
THE
AGENCY
TOTAL
BURDEN
AND
TOTAL
COSTS
The
associated
total
burdens
and
costs
for
the
Agency
falls
within
the
activities
of
no
exposure
certification
processing
and
review,
and
designation
of
additional
MS4s
For
both
of
the
information
collection
activities
for
which
the
Agency
is
responsible,
the
total
annual
burden
is
4,087
hours
at
a
total
annual
cost
of
$
115,948
(
see
Exhibit
6­
3).

Small
MS4
Program
Using
an
annual
respondent
universe
of
three,
the
burden
for
designating
additional
small
MS4s
is
estimated
at
998
hours
annually
at
a
cost
of
$
28,313.

Industrial
No
Exposure
Provision
Based
on
the
annual
respondent
universe
of
6,177,
the
annual
burden
for
processing
and
reviewing
the
no
exposure
certifications
is
3,089
hours
at
a
cost
of
$
87,635.

Exhibit
6­
3.
Agency
Average
Annual
Total
Burden
and
Cost
Estimates
Information
Collection
Activity
A
Avg.
Annual
Respondents
B
Burden
Hours
Per
Respondent
(
A)
x
(
B)
=
C
Annual
Respondent
Burden
Hours
D
Respondent
Labor
Cost
($/
hr)
(
1998
$)
(
C
)
x
(
D)
=
E
Annual
Cost
($)

No
Exp.
Cert.
Process
&
Review
6,177
0.5
3,089
28.37
87,635
Designation
Of
Additional
small
MS4s
3
332.8
998
28.37
28,313
Annual
Totals
6,180
4,087
115,948
6.7
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
and
the
Agency.
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
21
Exhibit
6­
4
provides
a
summary
of
Exhibits
6­
1,
6­
2
and
6­
3.
This
exhibit
presents
the
total
number
of
respondents,
activities,
annual
burden
hours,
and
annual
cost
for
Phase
II
respondents
and
the
Agency
to
comply
with
and
implement
the
rule
over
the
first
three
years.

Respondent
Tally
This
ICR
calculated
burden
and
cost
for
two
types
of
respondents:
1)
industrial
"
no
exposure"
facilities
and
2)
NPDES­
authorized
States
and
Territories.
The
combined
annual
(
bottom
line)
totals
for
both
respondent
types
are
36,421
respondents
performing
3
information
collection
activities
resulting
in
56,369
burden
hours
at
a
cost
of
$
2,151,305.

Agency
Tally
The
Agency's
annual
(
bottom
line)
totals
have
been
estimated
to
be
6,180
respondents
performing
two
activities
resulting
in
4,087
burden
hours
at
a
cost
of
$
115,948.

Total
Tally
The
sum
of
both
respondent
and
Agency
annual
(
bottom
line)
totals
include
42,601
respondents
per
year,
5
information
collection
activities,
60,456
burden
hours
per
year,
and
a
cost
of
$
2,267,253
per
year.

Exhibit
6­
4.
Total
Estimated
Respondent
and
Agency
Burden
and
Cost
Summary
(
Bottom
Line
Totals)

Number
of
Respondents
Number
of
Activities
Total
Burden
Per
Year
(
Hours)
Total
Cost
Per
Year
($)

Industrial
No
Exposure
Facilities
36,377
1
36,377
1,613,320
NPDES
Authorized
States
44
2
19,992
537,985
Annual
Subtotal
36,421
3
56,369
2,151,305
Agency
(
EPA)
6,180
2
4,087
115,948
Annual
Subtotal
6,180
2
4,087
115,948
Annual
Total
42,601
5
60,456
2,267,253
6.8
REASON
FOR
CHANGE
IN
BURDEN
The
Phase
II
rule's
no
exposure
provision
will
result
in
an
increase
in
burden
for
some
industrial
entities
and
a
decrease
in
burden
for
others
due
to
two
program
changes:
1)
the
provision
now
applies
to
all
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
11
Source:
U.
S.
Environmental
Protection
Agency,
Office
of
Wastewater
Management.
July
2,
1999.
Economic
Analysis
for
the
Storm
Water
Phase
II
Rule:
Initial
Final
Draft.
Section
9.3.

12
Source:
U.
S.
Environmental
Protection
Agency,
Office
of
Wastewater
Management.
July
2,
1999.
Economic
Analysis
for
the
Storm
Water
Phase
II
Rule:
Initial
Final
Draft.
Section
9.4.

13
See
Note
11.

14
19,992
(
total
burden
hours
for
all
44
NPDES­
authorized
States
and
Territories)/
44
=
454
Page
22
industrial
facilities
defined
by
the
Phase
I
regulated
categories,
and
2)
all
facilities
claiming
no
exposure
must
submit
written
certification
of
no
exposure.

There
are
an
estimated
76,239
industrial
facilities
that
are
required
to
obtain
a
permit
under
Phase
I
of
the
NPDES
storm
water
program
but
have
no
exposure
of
industrial
activities
or
materials
to
storm
water.
11
For
these
entities,
obtaining
the
no
exposure
exclusion,
versus
having
to
comply
with
a
permit,
will
result
in
an
estimated
cost
savings
ranging
from
$
317,615,622
to
$
1,864,433,088,
in
1998
dollars.
12
An
estimated
105,646
industrial
facilities
with
no
exposure
of
industrial
activities
or
materials
to
storm
water
were
defined
under
the
Phase
I
industrial
program
as
category
(
xi)
facilities.
13
Any
category
(
xi)
facilities
with
no
exposure
were
not
required
to
submit
a
permit
or
any
other
information.
These
facilities
were
simply
exempt
from
the
program
without
further
action.
However,
the
Phase
II
rule's
no
exposure
provision
now
requires
them
to
submit
a
written
certification
of
no
exposure,
such
as
the
form
in
Appendix
A,
resulting
in
an
increase
of
1.0
burden
hours
at
a
cost
of
$
44.35
for
each
industrial
facility.

6.9
BURDEN
STATEMENT
The
burden
for
collecting
information
required
by
the
rule
is
estimated
to
be
1.0
hour
per
industrial
"
no
exposure"
facility,
454
total
hours
per
NPDES­
authorized
State
or
Territory14,
and
4,087
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.

Burden
means
the
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
Part
9
and
48
CFR
Chapter
15.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
OPPE
Regulatory
Information
Division,
U.
S.
Environmental
Protection
Agency
(
2137),
401
M
St.,
S.
W.,
Washington,
D.
C.
20460;
and
to
the
Office
of
Storm
Water
Phase
II
Rule
ICR
July
19,
1999
Page
23
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
to
EPA.
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.
APPENDIX
A
