  SEQ CHAPTER \h \r 1 SUPPORTING STATEMENT FOR APPROVAL OF

STATE COASTAL NONPOINT POLLUTION CONTROL PROGRAMS

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

	1(a) TITLE OF THE INFORMATION COLLECTION

Approval of State Coastal Nonpoint Pollution Control Programs 

	OMB Control Number 2040-0153; EPA ICR Number 1569.06 (Renewal)

	1(b) SHORT CHARACTERIZATION

	This ICR renewal explains reporting requirements that coastal States
and Territories (referred to as States) must fulfill in order to obtain
final approval of their Coastal Nonpoint Pollution Control Programs
(referred to hereafter as “Coastal Nonpoint Programs”) under Section
6217 (Protecting Coastal Waters) of the Coastal Zone Act Reauthorization
Amendments of 1990 (CZARA).  This ICR renewal also assesses whether
State program requirements for management measure implementation will
impose any reporting of record-keeping requirements on affected
entities.

	Section 6217 requires coastal States and Territories with
Federally-approved coastal zone management programs to develop Coastal
Nonpoint Programs.  The Program Development and Approval Guidance for
Section 6217 coastal nonpoint pollution control programs was prepared by
the U.S. Environmental Protection Agency (EPA) and the National Oceanic
and Atmospheric Administration (NOAA).  The document implements Section
6217, providing guidance to States on the development and content of
their Coastal Nonpoint Programs.

	Section 6217 addresses persistent coastal pollution problems by
improving coordination of Federal and State coastal zone management
programs and water quality programs. In the past, there was limited
integration of State Nonpoint Source Management Programs approved by EPA
under Section 319 of the Clean Water Act (CWA) and State Coastal Zone
Management Programs approved by NOAA under Section 306 of the Coastal
Zone Management Act (CZMA).  Section 6217 formalizes coordination of the
Section 319 and Section 306 programs by requiring EPA and NOAA to
oversee preparation and review of the State Coastal Nonpoint Programs.

	The program guidance describes the contents that each coastal State
must include in the Coastal Nonpoint Program documentation and the
criteria for program approval.  Rather than create an independent
program, the Section 6217 program guidance encourages States to
implement their Coastal Nonpoint Programs through changes to existing
Section 319 and Section 306 programs. States failing to submit
satisfactory Coastal Nonpoint Programs face reductions in Federal grants
issued under CWA Section 319 and under Section 306 of the CZMA.

	Section 6217 requires States with approved coastal management programs
to submit Coastal Nonpoint Programs within 30 months of the publication
of the final program guidance (January 1993).  Twenty-nine States and
five Territories have submitted their Coastal Nonpoint Programs to the
Nonpoint Source Control Branch, Assessment and Watershed Protection
Division, Office of Wetlands, Oceans, and Watersheds (OWOW), Office of
Water, within EPA, and to the Office of Ocean and Coastal Resource
Management within NOAA.  The two agencies have jointly reviewed the
State Coastal Nonpoint Programs as required by Section 6217.

	EPA and NOAA have approved programs from 13 States and four
Territories, and conditionally approved programs from 16 States and one
Territory.  The conditional approvals require States and Territories to
submit additional information in order to obtain final program approval.
 CZARA Section 6217 requires States and Territories to obtain final
approval of their Coastal Nonpoint Pollution Control Programs in order
to retain their full share of funding available to them under CWA
Section 319 and under Section 306 of the CZMA.

2.	NEED FOR AND USE OF THE COLLECTION

	2(a) NEED/AUTHORITY FOR THE COLLECTION

	Section 6217(g)(1) of CZARA required EPA to issue guidance for coastal
nonpoint source pollution control:

“The Administrator [of EPA], in consultation with the Secretary [of
Commerce, overseeing NOAA] and the Director of the United States Fish
and Wildlife Service and other Federal agencies, shall publish (and
periodically revise thereafter) guidance for specifying management
measures for sources of nonpoint pollution in coastal waters.”

	In response to Section 6217(g)(1), EPA convened a work group to prepare
a technical document specifying management measures for controlling
nonpoint source pollution in coastal waters.  The draft technical
guidance document was issued in June 1991; the final technical guidance
document was issued in January 1993.  EPA and NOAA proposed program
guidance in October 1992 for preparing the State Coastal Nonpoint
Programs, which document State efforts to implement the management
measures described in the technical guidance.  This document was issued
in final form in January 1993.

	EPA and NOAA issued the program guidance to explain how States should
prepare their Coastal Nonpoint Programs in order to comply with CZARA
Section 6217(a):

	“Not later than 30 months after the date of the publication of final
guidance under subsection (g), each State for which a management program
has been approved pursuant to Section 306 of the Coastal Zone Management
Act of 1972 shall prepare and submit to the Secretary and the
Administrator a Coastal Nonpoint Pollution Control Program for approval
pursuant to this section.  The purpose of the program shall be to
develop and implement management measures for nonpoint source pollution
to restore and protect coastal waters, working in close conjunction with
other State and local authorities.”

	Section 6217(b) of CZARA specifies the contents of the Coastal Nonpoint
Programs, which are incorporated into the program guidance requirements.
 Table 1 presents a summary of the program contents required by Section
6217(b).  Additional justification for each reporting item is provided
in section 3(b) of this supporting statement.

	In addition, Section 306(d)(16) of CZARA requires State Coastal
Nonpoint Pollution Control Programs to include enforceable policies and
mechanisms to implement the applicable requirements of Section 6217.

	Subsequent to the publication of the program and technical guidance,
EPA and NOAA provided further program clarification in a January 6,
1995, letter and a March 16, 1995, document entitled Flexibility for
State Coastal Nonpoint Programs.  These actions provided greater
flexibility to States in prioritizing their activities; extended the
implementation period for Section 6217(g) management measures from three
years to eight years; and clarified a range of enforceable policies and
mechanisms that could be used by States to implement their programs.  

	In April 1997, NOAA, EPA, the States and other interested parties began
discussions regarding the progress made to date in developing and
implementing State coastal nonpoint programs and the significant
impediments to further progress. Based on these discussions, EPA and
NOAA drafted a set of proposed administrative changes the agencies would
use to guide future implementation of the CZARA program and made them
available for a 60 day public comment period beginning March 11, 1998. 
After reviewing and responding to public comments on the proposed
changes, NOAA and EPA issued final administrative changes to the program
guidance, reflecting the comments received.  In some cases, the
administrative changes impacted previous findings and conditions on
State Coastal Nonpoint Programs.  In such cases, EPA and NOAA reviewed
those findings and conditions and made adjustments (including, where
appropriate, elimination of conditions).

	At this time, EPA and NOAA have approved programs from 13 States and
four Territories, conditionally approved 16 States and one Territory. 
In order for conditionally approved programs to gain final approval,
certain conditions must be met within a specified time frame (usually
five years).  Such conditions could include the completion of a
particular program element or the development of additional authority to
ensure implementation of certain management measures.  This ICR renewal
is needed so that the remaining States may complete development and
obtain final approval of their programs.

	2(b) PRACTICAL UTILITY/USERS OF THE DATA

	EPA and NOAA will use the Coastal Nonpoint Program submittals to
determine whether to grant final approval of the State Coastal Nonpoint
Programs.  States not receiving final approval may lose a portion of
both their CWA Section 319 and CZMA Section 306 funds under the penalty
provisions of CZARA.  The requested information will ensure the
efficient distribution of Federal funds to States with comprehensive
plans for controlling coastal water pollution.  EPA and NOAA will also
use the requested information to ensure that State recipients of Federal
funds provide adequate opportunities for public participation during
program development.  States will use the information requested as part
of management measure implementation in conformity with EPA’s
technical guidance.

	Table 1.  Statutory Requirements in CZARA §6217

CZARA Citation	Statutory Requirements for Coastal Nonpoint Programs     
                                

§6217(b)	Specify general management measures to protect coastal waters.

§6217(b)(1)	Identify land uses which contribute significantly to the
degradation of coastal waters.

§6217(b)(2)	Identify critical coastal areas adjacent to impaired or
threatened coastal waters, where the general management measures will be
insufficient to maintain water quality standards and/or designated uses.

§6217(b)(3)	Identify additional management measures needed to attain or
maintain water quality standards under CWA §303 and designated uses in
the critical coastal areas identified in §6217(b)(2).

§6217(b)(4)	Provide technical assistance to local governments and the
public for implementing the additional management measures identified in
§6217(b)(3).

§6217(b)(5)	Designate opportunities for public participation in all
aspects of the coastal nonpoint program.

§6217(b)(6)	Establish mechanisms for coordinating State and local
agency implementation of the coastal nonpoint programs.

§6217(b)(7)	Propose modified coastal zone boundary, as the State deems
necessary, so that the State has adequate geographic jurisdiction to
implement the management measures (NOAA reviewed the adequacy of
existing boundaries for each coastal management program and recommended
changes where necessary).

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA			

	3(a) NONDUPLICATION

	Under the original ICR, the EPA Assessment and Watershed Protection
Division consulted with OPPE Desk Officer Harold Woodley and Masi
Okasaki of NOAA to ensure that the information requested in the Section
6217 program guidance could not be acquired from other sources.  EPA
reviewed existing ICRs prepared by EPA’s Office of Water and NOAA’s
Office of Ocean and Coastal Resource Management to identify possible
duplications of reporting requirements.

	Upon reviewing ICR Number 1560.1 (EPA National Water Quality Inventory
Reports), EPA recognized similarities between the reporting requirements
for the biennial State Section 305(b) reports and those in the Section
6217 program guidance.  The Section 305(b) program guidance requires
States and Territories to summarize total impaired estuarine and ocean
waters and the sources of impairment in their 305(b) reports.  We
anticipate that States will be able to conduct monitoring activities
associated with the Section 6217 program guidance through their existing
Section 305(b) processes.

	3(b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB

	EPA published a Federal Register notice on May 16, 2006 on pages 28319
– 28320 to announce the renewal of this ICR.  No comments were
received.

	3(c) CONSULTATIONS

	Under the original ICR, NOAA and EPA held regional meetings to acquire
respondent input during the initial development of the Section 6217
program guidance.  The regional meetings were attended	by
representatives of State coastal management programs, State water
quality control programs, the Coastal States Organization (CSO), and the
Association of State and Interstate Water Pollution Control
Administrators (ASIWPCA).  EPA and NOAA also distributed options papers
and requested comments from each of the approved State coastal
management programs.

	NOAA and EPA issued proposed program guidance in October 1992 and
provided a 60 day public comment period.  The agencies held a series of
focus group meetings with representatives from State coastal management
and water quality agencies and began a second series of regional
meetings with States and EPA regional offices during the summer of 1992.
 The State respondents expressed concern about flexibility to tailor
their Coastal Nonpoint Programs to specific water quality problems in
their coastal zones.  EPA and NOAA have provided flexibility by allowing
respondents to propose alternative management measures to those included
in the technical guidance.  The respondents must document that the
alternative management measures are as effective as the pre-approved
management measures in the technical guidance prepared by EPA.

	The final program guidance was published in January 1993.  In response
to State concerns about potential burden requirements, EPA and NOAA made
every effort to integrate components of existing CWA Section 319 and
CZMA Section 306 programs into the Coastal Nonpoint Program
requirements.  In order to minimize respondent burden, States may
satisfy some reporting requirements contained in Section 6217 by
identifying existing program activities that already meet Coastal
Nonpoint Program objectives.

	EPA issued proposed management measures guidance in June 1991 and
provided a six-month comment period on the management measures guidance.
 EPA convened technical workgroups composed of Federal and State experts
in preparing both the proposed and the final management measures
guidance.  In addition, EPA held focus group meetings with various
industry groups (agriculture, forestry, and marinas, in particular). 
The final technical guidance was published in January 1993.

	In 1993 and 1994, EPA and NOAA worked closely with States to assist
them in developing their programs.  This assistance included highly
detailed reviews of draft State Coastal Nonpoint Programs, as well as
extensive meetings with individual States.  Subsequently, on January 6,
1995, EPA and NOAA wrote letters to the State organizations that
represent State nonpoint source and coastal zone management agencies to
provide increased flexibility to the States with respect to criteria for
program approval and schedules for implementation.

	In April 1997, NOAA, EPA, the States, and other interested parties
began discussions regarding the progress made to date in developing and
implementing State Coastal Nonpoint Programs and the significant
impediments to further progress.  Both the States and Federal agencies
recognized that while the goals of CZARA remain valid, the program and
schedules originally conceived by NOAA and EPA were extremely ambitious,
and additional flexibility would be needed to enable the States to
successfully implement their programs.  Based on this understanding, the
parties proceeded to discuss in detail the specific aspects of the
program that would require modification while maintaining the overall
objective that States implement management measures needed to protect
coastal waters.

	Based on these discussions, EPA and NOAA drafted a set of proposed
administrative changes the agencies would use to guide future
implementation of the CZARA program and made them available for a 60 day
public comment period beginning March 11, 1998.  After reviewing and
responding to public comments on the proposed changes, NOAA and EPA
issued final administrative changes to the program guidance, reflecting
the comments received.  In some cases, the administrative changes
impacted previous findings and conditions on State Coastal Nonpoint
Programs.  In such cases, EPA and NOAA reviewed those findings and
conditions and made adjustments (including, where appropriate,
elimination of conditions.)

	On October 25, 2002 (67 FR 65563), EPA sought comments on a previous
renewal of this ICR pursuant to 5 CFR 1320.8(d).  On November 20, 2002
(67 FR 70070), EPA extended the comment period 30 days.  EPA received
one comment from NOAA, providing recommendations for adjusting the
Federal government burden hours to more accurately reflect the
assessment of hours incurred by the agencies’ review of State
programs.  EPA incorporated NOAA’s recommendations to increase the
estimate of the burden hours to the Federal government to more
accurately reflect actual burdens (see Table 3).

	NOAA and EPA have continued to consult with States and public interest
groups throughout the process of formulating strategies for final
approval and criteria for fulfilling conditions.

	3(d)  EFFECTS OF LESS FREQUENT COLLECTION

	The development and approval of State Coastal Nonpoint Programs is a
one-time collection activity.  Seventeen coastal States and Territories
have completed development and obtained conditional approval of their
Coastal Nonpoint Programs, and now need only to remove the existing
conditions to obtain final approval.

		

	3(e) GENERAL GUIDELINES

	The guidance does not include any information collection activities
that exceed the PRA-imposed guidelines contained in 5 CFR 1320.6.

	3(f) CONFIDENTIALITY

	The information collected under Section 6217 and this ICR renewal will
not require States and Territories to collect any confidential
information.

	3(g) SENSITIVE QUESTIONS

		Information to be reported is not of a sensitive nature.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED

	4(a) RESPONDENTS/SIC CODES

	The respondent community consists of the 29 coastal States and five
coastal Territories with approved Coastal Zone Management Programs.  The
SIC Code for State respondents is 9511 (Administration of Environmental
Quality Programs: Air and Water Resources and Solid Waste Management).

	4(b) INFORMATION REQUESTED

	(i) Data Items, including Record Keeping Requirements

	The respondents have reported on the following items in their Coastal
Nonpoint Program submittals under Section 6217. (The CZARA section
requiring each item is listed in brackets.)  No record keeping
requirements are imposed on the respondents.

1.	Categories and subcategories of nonpoint sources that generally
impair or threaten coastal water quality within the respondent’s
jurisdiction [CZARA §6217(b)].

2.	Management measures selected from the CZARA §6217(g) technical
guidance to address each significant nonpoint source category and
subcategory identified above [CZARA §6217(b)].

3.	Alternative management measures and technical documentation.  (This
optional item is included to allow the States additional flexibility in
designing their Coastal Nonpoint Programs.)

4.	Coastal waters not maintaining water quality standards and coastal
waters threatened by increased pollution from new or expanding uses
[§6217(b)(1)].

5.	Land uses that are sources of nonpoint pollution entering impaired or
threatened coastal waters [§6217(b)(1)].

6.	Critical coastal areas adjacent to waters not maintaining water
quality standards [CZARA §6217(b)(3)].

7.	Additional management measures developed by the State or Territory to
address threats or impairments identified in #5 above and for
application in critical coastal areas [§6217(b)(3)].

8.	Plans for revising additional management measures [CZARA
§6217(b)(3)].

9.	Plans for providing technical assistance for implementing additional
management measures to local governments and the public [CZARA
§6217(b)(4) and §6217(b)(5)].

10.	The organization, structure, authority, and resources of lead
agencies selected to implement management measures.  (This information
is needed to ensure that implementation of the Coastal Nonpoint Program
is delegated to agencies with adequate authority and resources.)

11.	Schedules for implementation of management measures.  (This
information is needed to evaluate State progress towards implementing
their Coastal Nonpoint Programs.)

12.	Legislative and administrative authorities for implementing
management measures.  (This information is needed to ensure that the
State has the authority to implement the Coastal Nonpoint Program.)

13.	Mechanisms for coordinating State agency and local government
participation in the Coastal Nonpoint Programs [CZARA §6217(b)(6)].

14.	Procedures to ensure implementation of management measures including
operation and maintenance, inspection, and monitoring activities.  (This
information is needed to ensure that the State can implement selected
management measures in the Coastal Nonpoint Program.)

15.	Plans to modify coastal zone boundaries [CZARA §6217(b)(6)].

16.	Mechanisms for coordinating Coastal Nonpoint Programs with CWA
programs under Sections 208, 303, 319, and 320 [CZARA §6217(a)(2) and
§6217(b)(6)].

17.	Provisions for public participation [CZARA §6217(b)(5)].

	(ii) Respondent Activities

	Section 6217 required each respondent to prepare a one-time document
describing their Coastal Nonpoint Program.  The respondents have already
performed the following activities and submitted their coastal Nonpoint
Programs to NOAA and EPA in compliance with the program and technical
guidances:

	

	Reviewed the program and technical guidance documents describing the
contents required in the Coastal Nonpoint Programs and the management
measures for controlling nonpoint sources of water quality degradation
in coastal areas.

	Planned activities (i.e., delegate collection tasks, plan interagency
meetings, establish reviewers, and delegate writing activities) to
complete development of the Coastal Nonpoint Program.

	Collected information relevant to the data items listed above (e.g.,
lists of impaired coastal waters, lists of management measures to be
adopted, legal and geographical jurisdiction of agencies implementing
management measures).  The States acquired all of the information from
existing sources.

	Analyzed the information and constructed the Coastal Nonpoint Program,
including revising coastal zone boundaries and planning new or modified
State and local regulations to implement the Coastal Nonpoint Program.

	Wrote draft and final Coastal Nonpoint Programs, provided notice and
opportunity for public comment on their programs, and submitted the
programs to EPA and NOAA for approval.

	Under this ICR renewal, States that have received conditional approval
for their Coastal Nonpoint Programs will be required to submit
additional information to obtain final program approval.

5.	THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION METHODOLOGY,
AND INFORMATION MANAGEMENT

	5(a) AGENCY ACTIVITIES

	EPA and NOAA activities under this ICR renewal will consist of the
review of Coastal Nonpoint Program amendments and/or informational
updates submitted by States to fulfill specified conditional approval
requirements necessary to obtain final program approvals.

	5(b) COLLECTION METHODOLOGY AND MANAGEMENT

	The States will submit amendments to their Coastal Nonpoint Programs
when such amendments are required to fulfill and therefore remove the
conditions set out in the conditional approval and obtain final program
approval.

	5(c) SMALL ENTITY FLEXIBILITY

	This section is not applicable because respondents are States and
Territories, and are not small businesses or organizations as defined in
the Regulatory Flexibility Act, 5 U.S.C. Sections 601(3) and (4).

	5(d) COLLECTION SCHEDULE

	There is no uniform schedule for the submission of State amendments to
Coastal Nonpoint Programs when such amendments are required to fulfill
conditions established in conditional approvals.  Rather, EPA and NOAA
have set forth specific schedules for completion of conditions tailored
to each State’s program.

6.	ESTIMATING THE BURDEN AND COST OF THE COLLECTION

	6(a) ESTIMATING RESPONDENT BURDEN

	The burden hour estimates for the original ICR were based upon
discussions with Regional NOAA and EPA personnel who have direct contact
with State respondents and past experience with Coastal Nonpoint Program
submittal procedures.  Burden estimates for specific elements were also
acquired from a small sample of State respondents (Wisconsin, Maine,
North Carolina, and Washington).  The detailed breakdown of burden
estimates for each activity is presented in Table 2.

	Based on our analyses of State Coastal Nonpoint Programs that have been
submitted to EPA and NOAA under Section 6217, we have estimated that the
collection burden under this ICR renewal for the conditionally approved
programs will be approximately 15 percent of the burden estimated in the
original ICR.  This estimate is based on States’ successful completion
of the majority of program elements, and the additional work already
underway by many States to complete program elements that require
further development.  In addition, while States will submit information
under this ICR renewal more than once to address different aspects of
their Coastal Nonpoint Program that require additional work specified
under a conditional approval, other States may not submit any
information under this ICR renewal because the conditions in their
conditional approvals may be resolved through State rulemaking or
legislative processes as a result of other forces at work or as a result
of investigations conducted for other reasons that support exemptions to
existing conditions.  Therefore, the estimate of the collection burden
under this ICR renewal is an approximate prediction.

	6(b) ESTIMATING RESPONDENT COSTS

	The associated collection under this ICR renewal will have a moderate
financial impact on the respondents.

(i) Estimating Labor Costs

This respondent labor cost estimate under the original ICR was based
upon an average hourly rate and benefits comparable to a Federal GS
Grade 10, Step 7.  The total hourly rate, including benefits, was
estimated in the original ICR to be $33.  For this ICR renewal, the
estimated hourly rate was increased to $36 to account for inflation. 
Table 2 presents a detailed breakdown of the labor cost estimates for
each activity.

TABLE 2.	ESTIMATE OF BURDEN TO STATE RESPONDENTS WITH CONDITIONALLY
APPROVED PROGRAMS, LABOR COSTS

 

Collection Activity	-A -

Burden hours per respondent	-B-

Number of respondents	-C-

Person-hours

C = A x B	-D-

Cost in Dollars

D = C x $36

1. Review documents

a. Program guidance

b. Technical guidance	

 1

 4	

17

17	

   17

   68	

    612

  2,448

2. Plan activities	16	17	 272	  9,792

3. Collect information

a. Identify general NPS categories and identify general management
measures

b. Technical documentation for alternatives

c. Identify impaired coastal waters

d. Identify land uses

e. Identify critical coastal areas

f. Identify supplemental management measures

g. Identify lead agencies

h. Schedule

i. Legislative/administrative authority

j. Coordination mechanisms

k. Operation & maint. procedures

l. Inspection procedures

m. Monitoring procedures

n. Coastal zone boundaries

o. Technical assistance options

p. Public participation mechanisms   	

70

10

 4

24

10

16

 4

12

15

15

 8

 8

26

 4

 4

 4	

17

17

17

17

17

17

17

17

17

17

17

17

17

17

17

17	

1,190

  170

    68

  408

  170

  272

    68

  204

  255

  255

  136

  136

  442

   68

   68

   68	

 42,840

  6,120

  2,448

 14,688

  6,120

  9,792

  2,448

  7,344

  9,180

  9,180

  4,896

  4,896

 15,912

  2,448

  2,448

  2,448

4. Compile, review and analyze information

a. Develop State and local regulations

b. Revise coastal zone boundaries

c. Other analysis	

60

 5

30	

17

17

17	

1,020

    85

  510	

 36,720

  3,060

 18,360

5. Write Coastal Nonpoint Program

a. Draft program report

b. Final program report	

10

15	

17

17	

  170

  255	

  6,120

  9,180

6. Recordkeeping requirements	Not applicable	-	-	-

TOTAL: ALL BURDEN ITEMS	375	17	6,375	$229,500



(ii) Estimating Capital and Operations and Maintenance Costs

	No capital costs or operation and maintenance costs are associated with
this ICR renewal.

(iii) Capital/Start-up Operations and Maintenance Costs

	No capital/start-up operation and maintenance costs are associated with
this ICR renewal.

(iv) Annualizing Capital Costs

	As there are no capital costs associated with this ICR renewal, this
section is not applicable.

	6(c) ESTIMATING AGENCY BURDEN AND COST

	The agency burden in the original ICR was based on discussions with EPA
Regional 319 Coordinators and NOAA Regional personnel.  The cost was
based upon an average hourly rate of $33, which included salary and
benefits for a Federal employee Grade 10, Step 7.  The total number of
burden hours in the original ICR to the Federal government was estimated
to be 13,240, and the total cost was estimated to be $466,420.  Based on
comments received from NOAA in 2003, these figures were determined to be
underestimates.

	Under this ICR renewal, the Federal government burden will include the
burden associated with EPA and NOAA review of amendments submitted by
States to fulfill conditional approval requirements.  To calculate the
Federal government burden, the estimated hourly rate was increased to
$36 to account for inflation.  Table 3 presents a breakdown of the
burden and cost estimates for each agency.

TABLE 3.	ESTIMATE OF BURDEN TO FEDERAL GOVERNMENT

 

Collection Activity	-A -

Burden hours

(person-hours)	-B-

Personnel Costs

A x $36.00	-C-

Other direct costs	-D-

Total Dollars

B + C



1. EPA review of amendments to State Coastal Nonpoint Programs	10,500
$378,000	-	$378,000

2. NOAA review of amendments to State Coastal Nonpoint Programs	13,000
468,000	-	468,000

TOTAL	23,500	$846,000	-	$846,000



6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS

The universe of respondents is precisely known to be comprised of the 17
States and Territories that remain conditionally approved with regard to
their Coastal Nonpoint Programs.

The total burden and costs for these 17 respondents are summarized in
6(e)(i), with detail provided in Table 2.

	6(e) BOTTOM LINE BURDEN HOURS AND COSTS/MASTER TABLES

	(i) The Respondent Tally

		States

	The one-time total burden to the respondents is:

	Total hours (375) X Number of Respondents (17) = 6,375 hours

		The one-time total cost to the respondents is:

	Total cost (6,375 X $36/hour) = $229,500

	The respondents will perform the burden items over the three-year ICR
renewal period.  Thus, the average annual burden/cost is equivalent to
the total one-time burden/cost divided by three years:

	Total burden (6,375 hours)/3 years = 2,125 hours/year

	Total cost ($229,500)/3 years = $76,500/year (for all respondents)

	Total cost per respondent per year = $76,500/17 respondents = $4,500

	

	The master table for respondent burden and costs is:

	Total Burden	Total

	Hours	Costs

Bottom Line	6,375 hours	$229,500

	(ii) The Agency Tally

	The total cost to the Federal government is estimated at 23,500 hours,
or $846,000.  The Federal government will perform the collection
activities over the three-year period of this ICR renewal.

EPA burden hours are estimated at approximately 3,500 hours per year
over three years, resulting in a total burden of 10,500 hours.

NOAA burden hours are estimated at approximately 4,333 hours per year
over three years, resulting in a total burden of 13,000 hours.

		Total Federal Agency Hours = 10,500 (EPA) + 13,000 (NOAA) = 23,500

	The average annual burden/cost is equivalent to the total burden/cost
divided by three years:

		Total burden (23,500 hours)/3 years = 7,833 hours/year

		Total cost at $36/hour = ($846,000)/3 years = $282,000

	The master table for agency burden and costs is:

	Total Burden	Total

	Hours	Costs

Bottom Line	23,500 hours	$846,000

	(iii) Variations in the Annual Bottom Line

For many reasons, variations for State respondents and for Federal
agencies are problematic to estimate.  Some of the factors that affect
these variations are described in section 6(a).  In general, activities
associated with Federal approvals of State Coastal Nonpoint Programs
have decreased over time, both for State respondents and for Federal
agencies, as more States have achieved full program approvals.  Indeed,
during the first several years of the Coastal Nonpoint Program
development period, there were comparatively higher levels of activity
among both the Federal partners (who developed program guidance and
conducted “threshold reviews” of initial State program submittals)
and the State respondents (who submitted materials for most or all 56
management measures specified in Congressionally-mandated program
guidance, as well as information on State enforceable policies and
mechanisms).  Since that initial start-up period, activity has declined.
 However, since at least 2003, activity levels for CZARA remain moderate
among both State respondents and Federal agencies.  Two factors seem to
account for this:

Five States joined the Coastal Nonpoint Program as late entrants:
Georgia, Minnesota, Ohio, Texas and Indiana.  Minnesota’s program was
recently approved (July 2006).

Among the 29 original participating States, the 13 States that remain
conditionally approved have challenging and unique obstacles that
account for their continued conditionally approved status, and these
States, along with the Federal partners (NOAA and EPA), are working with
due diligence to overcome the more difficult hurdles that remain.  So
while the number of conditions per State has greatly decreased, the few
conditions that remain are the most challenging to resolve, and thus
require disproportionately greater efforts.

	6(f) REASONS FOR CHANGE IN BURDEN

	The respondent burden in the original ICR is reduced under this ICR
renewal because States have already completed most activities in this
one-time CZARA Section 6217 requirement.

	6(g) BURDEN STATEMENT

	The annual public reporting and recordkeeping burden for this
collection of information is estimated to average 125 hours per
response.  Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, 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.     

	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.
EPA-HQ-OW-2006-0394, which is available for online viewing at
www.regulations.gov, or in-person viewing at the Water Docket in the EPA
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Avenue,
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 at
www.regulations.gov.  This site can be used 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 Number
(EPA-HQ-OW-2006-0394) and OMB Control Number (2040-0153) in any
correspondence.

NOTE:  The EPA Docket Center suffered damage due to flooding during the
last week of June 2006.  The Docket Center is continuing to operate. 
However, during the cleanup, there will be temporary changes to Docket
Center telephone numbers, addresses, and hours of operation for people
who wish to make hand deliveries or visit the Public Reading Room to
view documents.  Consult EPA's Federal Register notice at 71 FR 38147
(July 5, 2006) or the EPA website at
http://www.epa.gov/epa/home/dockets.htm for current information on
docket operations, locations and telephone numbers.  The Docket
Center’s mailing address for U.S. mail and the procedure for
submitting comments to http://www.regulations.gov are not affected by
the flooding and will remain the same.

B.	COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

	This section is not applicable because no statistical procedures are
employed for the data collection.

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