
[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62629-62630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24693]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2005-0023; FRL--9901-73-OW]


Proposed Information Collection Request; Comment Request; Clean 
Water Act Section 404 State-Assumed Programs (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an 
information collection request (ICR), ``Clean Water Act Section 404 
State-Assumed Programs'' (EPA ICR No. 0220.12, OMB Control No. 2040-
0168) to the Office of Management and Budget (OMB) for review and 
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.). Before doing so, EPA is soliciting public comments on 
specific aspects of the proposed information collection as described 
below. This is a proposed extension of the ICR, which is currently 
approved through January 31, 2014. 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.

DATES: Comments must be submitted on or before December 23, 2013.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2005-0023, online using www.regulations.gov (our preferred method), by 
email to ow-docket@epa.gov, or by mail to: EPA Docket Center, 
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

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; email address: 
hurld.kathy@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Supporting documents which explain in detail the information that 
the EPA will be collecting are available in the public docket for this 
ICR. The docket can be viewed online at www.regulations.gov or in 
person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution 
Ave. NW., Washington, DC. The telephone number for the Docket Center is 
202-566-1744. For additional information about EPA's public docket, 
visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it to: (i) Evaluate whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Agency, including whether the 
information will have practical utility; (ii) evaluate the accuracy of 
the Agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (iii) enhance the quality, utility, and clarity of the 
information to be collected; and (iv) minimize the burden of the 
collection of information on those who are to respond, including 
through the use of appropriate automated electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses. EPA 
will consider the comments received and amend the ICR as appropriate. 
The final ICR package will then be submitted to OMB for review and 
approval. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: Section 404(g) of the Clean Water Act authorizes States 
[and Tribes] to assume the section 404 permit program for discharges of 
dredged or fill material into certain Waters of the U.S. This ICR 
covers the collection of information EPA needs to perform its program 
approval and oversight responsibilities and the State/Tribe needs to 
implement its program.
    Request to assume CWA section 404 permit program. States/Tribes 
must demonstrate that they meet the statutory and regulatory 
requirements (40 CFR 233) for an approvable program. Specified 
information and documents must be submitted by the State/Tribe to EPA 
to request assumption and must be sufficient to enable EPA to undertake 
a thorough analysis of the State/Tribal program. 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 disapprove the State/Tribe's assumption request 
starts. The information contained in the assumption request submission 
is provided to the other involved Federal agencies (Corps of Engineers, 
US Fish and Wildlife Service, and National Marine Fisheries Service) 
and to the general public for review and comment.
    States/Tribes with assumed programs must be able to issue permits 
that assure compliance with all applicable statutory and regulatory 
requirements, including the 404(b)(1) Guidelines. Sufficient 
information must be provided in the application so that States/Tribes, 
and Federal agencies reviewing the permit, are able to evaluate, avoid, 
minimize and compensate for any anticipated impacts resulting from the 
proposed project. EPA's assumption regulations establish required and 
recommended elements that should be included in the State/Tribe's 
permit application, so that sufficient information is available to make 
a thorough analysis of anticipated impacts. (40 CFR 233.30). These 
minimum information requirements generally reflect the information that 
must be submitted when applying for a section 404 permit from the Corps 
of Engineers. (CWA section 404(h); CWA section 404(j); 40 CFR 230.10, 
233.20, 233.21, 233.34, and 233.50; 33 CFR 325).
    EPA has an oversight role for assumed 404 permitting 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).
    The information included in the State/Tribe's assumption request 
and the information included in a permit application is made available 
for public review and comment. The information included in the annual 
report to EPA is made available to the public. EPA does not make any 
assurances of confidentiality for this information.
    Form numbers: None.
    Respondents/affected entities: Entities potentially affected by 
this action are those States/Tribes requesting assumption of the Clean 
Water Act section 404 permit program; States/

[[Page 62630]]

Tribes with approved assumed programs; and permit applicants in States/
Tribes with assumed programs.
    Respondent's obligation to respond: Required to obtain or retain a 
benefit (40 CFR 233)
    Estimated number of respondents: 2 States/Tribes to request program 
assumption; 20,000 permit applicants; and 4 States/Tribes which have 
assumed the program.
    Frequency of response: States/Tribes will respond one time to 
request assumption and once the program is approved they will respond 
annually for the annual permit and annual report; permit applicants 
will respond one time when requesting a permit.
    Total estimated burden: The public reporting and recordkeeping 
burden for this collection of information is estimated to be 101,360 
hours per year. Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: Costs to states for assumed Section 404 
permit programs will vary widely by state and permit, however there are 
$0 capital or operation & maintenance costs.
    Changes in Estimates: There is no change in hours in the total 
estimated respondent burden compared with the ICR currently approved by 
OMB.

    Dated: September 27, 2013.
Benita Best-Wong,
Acting Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. 2013-24693 Filed 10-21-13; 8:45 am]
BILLING CODE 6560-50-P


