

[Federal Register: December 12, 2006 (Volume 71, Number 238)]
[Notices]               
[Page 74524-74525]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de06-90]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2005-0023; FRL-8254-1]

 
Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Clean Water Act Section 404 
State-Assumed Programs; EPA ICR No. 0220.10, OMB Control Number 2040-
0168

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that an Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. This is a request to renew an 
existing approved collection. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before January 11, 
2007.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2005-0023, to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to ow.docket@epa.gov, or by mail to: EPA 

Docket Center, Environmental Protection Agency, Water Docket Mail Code: 
4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB 
by mail to: Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th 
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Kathy Hurld, Office of Wetlands, 
Oceans, and Watersheds, Wetlands Division (4502T), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: 202-566-1348; fax number: 202-566-1349; e-mail address: 
hurld.kathy@epa.gov.


SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On July 11, 2006, (71 FR 39102), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OW-2005-0023, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Water Docket in 

the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 
8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. 
The telephone number for the Reading Room is 202-566-1744, and the 
telephone number for the Water Docket is 202-566-2426.
    Use EPA's electronic docket and comment system at http://www.regulations.gov
, to submit or view public comments, access the 

index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at http://www.regulations.gov as EPA 

receives them and without change, unless the comment contains 
copyrighted material, CBI, or other

[[Page 74525]]

information whose public disclosure is restricted by statute. For 
further information about the electronic docket, go to http://www.regulations.gov
.

    Title: Clean Water Act Section 404 State-Assumed Programs.
    ICR Numbers: EPA ICR No. 0220.10, OMB Control No. 2040-0168.
    ICR Status: This ICR is scheduled to expire on January 31, 2007. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
An Agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information, unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: This information collection request has three parts: A. 
Information needed for States or Tribes to request program assumption; 
B. Information needed from permit applicants; and C. Information 
included in the State or Tribe's annual report.
    A. Section 404(g) of the Clean Water Act authorizes States [and 
Tribes] to assume the Section 404 permit program. States/Tribes must 
demonstrate that they meet the statutory and regulatory requirements 
(40 CFR part 233) for an approvable program. Specified information and 
documents must be submitted by the State/Tribe to EPA to request 
assumption. Once the required information and documents are submitted 
and EPA has a complete assumption request package, the statutory time 
clock for EPA's decision to either approve or deny the State/Tribe's 
assumption request starts. The information contained in the assumption 
request is made available to the other involved Federal agencies (Corps 
of Engineers, U.S. Fish and Wildlife Service, and National Marine 
Fisheries Service) and to the general public for review and comment. 
These minimum information requirements are based on the information 
that must be submitted when applying for a Section 404 permit from the 
Corps of Engineers. [33 CFR part 328].
    B. States/Tribes must be able to issue permits that comply with the 
404(b)(1) Guidelines, the environmental review criteria. States/Tribes 
and the reviewing Federal agencies must be able to review proposed 
projects to evaluate, avoid, minimize and compensate for anticipated 
impacts. EPA's assumption regulations establish recommended elements 
that should be included in the State/Tribe permit application, so that 
sufficient information is available to make a thorough analysis of 
anticipated impacts. These minimum information requirements are based 
on the information that must be submitted when applying for a Section 
404 permit from the Corps of Engineers (CWA Section 404(h)(1)(A)(i) and 
Section 404(j) and 40 CFR 230.10, 233.20, 233.21, 233.34, and 233.50) 
(33 CFR 325.1).
    C. EPA is responsible for oversight of assumed programs to ensure 
that State/Tribal programs are in compliance with applicable 
requirements and that State/Tribal permit decisions adequately 
consider, avoid, minimize and compensate for anticipated impacts. 
States/Tribes must evaluate their programs annually and submit the 
results in a report to EPA. EPA's assumption regulations establish 
minimum requirements for the annual report (40 CFR 233.52).
    If a State or Tribe chooses to assume the CWA Section 404 Program, 
the information collected during the approval process is required and 
the reporting requirements for each permit and the annual report are 
mandatory (CWA Section 404(h)(1)(A)(i) and Section 404(j) and 40 CFR 
230.10, 233.20, 233.21, 233.34, and 233.50) (33 CFR 325.1). The nature 
and extent of confidentiality is addressed in Section 404(o) of the 
Clean Water Act which requires that all permits and permit applications 
under this section be made available to the public.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is listed below. Burden means 
the total time, effort, or financial resources expended by persons to 
generate, maintain, retain, or disclose or provide information to or 
for a Federal agency. This includes the time needed to review 
instructions; develop, acquire, install, and utilize technology and 
systems for the purposes of collecting, validating, and verifying 
information, processing and maintaining information, and disclosing and 
providing information; adjust the existing ways to comply with any 
previously applicable instructions and requirements which have 
subsequently changed; train personnel to be able to respond to a 
collection of information; search data sources; complete and review the 
collection of information; and transmit or otherwise disclose the 
information.
    Respondents/Affected Entities: States and Tribes.
    Estimated Number of Respondents: 2 States/Tribes to request 
assumption; 20,000 permit applicants; and 4 States/Tribes to submit 
annual report to EPA.
    Frequency of Response: One time when requesting assumption; one 
time when filing a permit; and annually for program annual report (once 
the program is assumed).
    Estimated Total Annual Hour Burden: 101,360 hours.
    Estimated Total Annual Cost: There are no capital or O&M costs 
associated with this collection.

    Dated: December 4, 2006.
Richard T. Westlund,
Acting Director, Collection Strategies Division.
[FR Doc. E6-21116 Filed 12-11-06; 8:45 am]

BILLING CODE 6560-50-P
