
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30861-30862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13905]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2005-0023; FRL-9961-97-OW]


Proposed Information Collection Request; Comment Request; Clean 
Water Act Section 404 State-Assumed Programs; EPA ICR No. 0220.13, OMB 
Control No. 2040-0168

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Clean Water Act 
Section 404 State-Assumed Programs'' (EPA ICR No. 0220.13, OMB Control 
No. 2040-0168) to the Office of Management and Budget (OMB) for review 
and approval in accordance with the Paperwork Reduction Act. 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 No. 0220.12, which is currently approved through 
November 30, 2017. 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 August 2, 2017.

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, Wetlands Division, Office 
of Wetlands, Oceans, and Watersheds (4502T), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: 
202-566-1269; 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

[[Page 30862]]

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. The information contained in the assumption 
request submission is provided to the other involved federal agencies 
(U.S. Army Corps of Engineers, U.S. 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 U.S. 
Army 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/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; 11,900 permit applicants (2,975 applications per state); 
and 4 states/tribes which have assumed the program (the two current 
programs and potentially two who may be approved under this ICR) which 
will submit an annual report.
    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 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 120,400 
hours per year (520 hours to request program assumption times two 
states/tribes (1,040 hours); 11,900 permit applicants times 10 hours 
per application (119,000 hours); and 90 hours to prepare an annual 
report times 4 state/tribal assumed programs (360 hours)). The burden 
to EPA for related activities is 8,560 hours per year (200 hours to 
review assumption requests times two states/tribes (400 hours); 100 
permit applications times 80 hours per application review (8,000 
hours); and 40 hours to review an annual report times 4 state/tribal 
assumed programs (160 hours)). Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: Costs to states/tribes for assumed section 
404 permit programs will vary widely by state/tribe and permit, however 
there are $0 capital or operation & maintenance costs. The cost to EPA 
for related activities is $420,513.28 in labor costs (per year), 
includes $0 annualized capital or operation & maintenance costs.
    Changes in Estimates: There is an increase of 29,440 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. This increase is an adjustment reflecting an increase 
in hours spent reviewing each permit. Michigan doubled its estimate of 
the number of hours spent reviewing each permit application, based upon 
the increase in number of applicants requesting a review of permit and 
mitigation options. New Jersey's estimate remained the same at 10 hours 
per permit application.

    Dated: April 21, 2017.
John Goodin,
Acting Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. 2017-13905 Filed 6-30-17; 8:45 am]
 BILLING CODE 6560-50-P


