

[Federal Register: June 27, 2007 (Volume 72, Number 123)]
[Notices]               
[Page 35227-35230]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn07-55]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2007-0142; FRL-8332-1]

 
Agency Information Collection Activities; Proposed Collection; 
Comment Request; See List of ICRs Planned To Be Submitted in Section A

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that EPA is planning to submit a 
request to renew three existing Information Collection Requests (ICR) 
to the Office of Management and Budget (OMB). Before submitting the 
ICRs to OMB for review and approval, EPA is soliciting comments on 
specific aspects of the information collections as described at the 
beginning of SUPPLEMENTARY INFORMATION.

DATES: Comments must be submitted on or before August 27, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2007-0142, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions 

for submitting comments.
     E-mail: ow-docket@epa.gov (Identify Docket ID No. EPA-HQ-
OW-2007-0142 in the subject line).
     Mail: Water Docket, Environmental Protection Agency, 
Mailcode: 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Please include a total of three copies.
     Hand Delivery: EPA Docket Center, EPA West, Room 3334, 
1301 Constitution Avenue, NW., Washington, DC 20460. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments identified by the Docket ID No. 
EPA-HQ-OW-2007-0142. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 

information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov
 or e-mail. The www.regulations.gov Web site is an 

``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 

automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.


FOR FURTHER INFORMATION CONTACT: Amelia Letnes, State and Regional 
Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental 
Protection Agency, 1200 Pennsylvania

[[Page 35228]]

Ave., NW., Washington, DC 20460; telephone number: (202) 564-5627; e-
mail address: letnes.amelia@epa.gov.

SUPPLEMENTARY INFORMATION:

For All ICRS

    An Agency may not conduct or sponsor, and a person is not required 
to respond to collection information unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
are displayed in 40 CFR part 9.
    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; 
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.

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for these ICRs under Docket ID 
No. EPA-HQ-OW-2007-0142, 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 http://www.regulations.gov to obtain a copy of the draft 

collection of information, submit or view public comments, access the 
index listing of the contents of the 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 in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of technical information/data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

A. List of ICRS Planned To Be Submitted

    (1) Concentrated Aquatic Animal Production Point Source Category 
Effluent Guidelines Reporting and Recordkeeping Requirements, EPA ICR 
Number 2087.03, OMB Control Number 2040-0258, expiration date 09/30/
2007.
    (2) National Pollutant Discharge Elimination System (NPDES)/
Compliance Assessment/Certification Information, EPA ICR Number 
1427.08, OMB Control Number 2040-0110, expiration date 09/30/2007.
    (3) National Pretreatment Program, EPA ICR Number 0002.13, OMB 
Control Number 2040-0009, expiration date 09/30/2007.

B. Individual ICRS

    (1) Concentrated Aquatic Animal Production Point Source Category 
Effluent Guidelines Reporting and Recordkeeping Requirements, EPA ICR 
Number 2087.03, OMB Control Number 2040-0258, expiration date 09/30/
2007.
    Affected Entities: Entities potentially affected by this action are 
a subset of facilities engaged in aquatic animal production defined to 
40 CFR part 451.
    Abstract: This ICR requests OMB renewal of the ICR for the: 
``Effluent Limitations Guidelines and Standards for Concentrated 
Aquatic Animal Production (CAAP) Point Source Category'' (Effluent 
Guidelines). The rule establishes specific reporting requirements for a 
segment of CAAP facilities through NPDES permits. The rule covers 
facilities which are defined as CAAP facilities (see 40 CFR 122.24 and 
40 CFR part 122 Appendix C) and produce at least 100,000 pounds per 
year in flow through, recirculating and net pen systems.
    The rule includes special reporting and recordkeeping requirements 
which are the subject of this ICR. CAAP facility owners or operators 
are also required to file reports with the permitting authority when 
drugs with special approvals are applied to the production units or a 
failure in the structural integrity occurs in the aquatic animal 
containment system.
    When CAAP facilities apply either an Investigational New Animal 
Drug (INAD) or a drug that has been prescribed extra-label by a 
veterinarian to treat the aquatic animals at their facility, the owner 
or operator must report this use to the permitting authority. In 
addition, the owner or operator of a CAAP facility must notify the 
permitting authority upon agreeing to participate in an INAD study.
    Whenever a structural failure occurs in the aquatic animal 
containment system, the owner or operator must report this to the 
permitting authority. For the purposes of this requirement, the aquatic 
animal containment system is defined as the unit(s) that contain(s) the 
aquatic animals and in which their culture takes place, as well as the 
wastewater handling and treatment units associated with aquatic animal 
production.
    CAAP facilities subject to this regulation are also required to 
develop and implement a Best Management

[[Page 35229]]

Practices (BMP) plan that ensures that the regulatory requirements will 
be met. Upon completion of this BMP plan, the owner or operator must 
certify to the permitting authority that the plan has been developed.
    CAAP facilities are also expected to keep records of the feed 
inputs along with an estimate of the number and weight of the animals 
being raised. These records are to be used to calculate the feed 
conversion ratios for the facility. Records must also be kept 
documenting the frequency of facility inspections, maintenance and 
repairs, along with the cleaning of the rearing units at flow through 
and recirculating facilities or changing the nets at net pen 
facilities.
    This information collection may contain CBI, especially the 
reporting requirements associated with investigational drug use. 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. 
However, Clean Water Act (CWA) sec. 308(b) specifically states that 
effluent data may not be treated as confidential.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 180 
hours per respondent per year, or 60 hours per response.
    Estimated total number of potential respondents: 245 (200 
facilities and 45 States).
    Frequency of response: Once every five years, on occasion, on-
going.
    Estimated total average number of responses for each respondent: 
Three.
    Estimated total annual burden hours: 44,196 hours.
    Estimated total annual costs: $971,500. This includes an estimated 
burden cost of $971,500 and an estimated cost of $0 for capital 
investment or maintenance and operational costs.
    Change in Burden: There is a decrease of 4 hours in the total 
estimated respondent burden compared with that identified in the ICR 
currently approved by OMB. This decrease reflects EPA's corrections to 
the 2004 ICR and is not the result of changes to the requirements 
covered by this ICR.
    (2) National Pollutant Discharge Elimination System (NPDES)/
Compliance Assessment/Certification Information, EPA ICR Number 
1427.08, OMB Control Number 2040-0110, expiration date 09/30/2007.
    Affected Entities: Entities potentially affected by this action are 
most facilities required to have NPDES permit coverage, including but 
not limited to publicly owned treatment works (POTWs), privately owned 
treatment works (PrOTWs), manufacturing and commercial dischargers, 
mining operations, and Concentrated Animal Feeding Operations (CAFOs).
    Abstract: The purpose of this ICR is to calculate the burden and 
costs associated with the data requirements necessary for a permitting 
authority (either an authorized State or the Environmental Protection 
Agency (EPA)) to determine whether an existing NPDES or sewage sludge 
permittee is in compliance with the conditions of its permit.
    A permitting authority collects information necessary to determine 
a permittee's compliance with specific permit requirements during the 
effective term of a given permit. Compliance assessment reporting 
requirements include routine submittals (e.g., annual certifications 
and reports submitted when a compliance schedule milestone is reached) 
and non-routine submittals (e.g., required when certain conditions 
occur, such as an unanticipated bypass). NPDES staff may use this 
information to determine if follow-up activities are necessary.
    This ICR includes burden hours and costs associated with 
noncompliance reports for Concentrated Animal Feeding Operations 
(CAFOs) not accounted for in the NPDES Regulation and Effluent 
Limitation Guidelines and Standards for Concentrated Animal Feeding 
Operations ICR (EPA ICR No. 1989.04; OMB No. 2040-0250).
    Five additional effluent limitations guidelines development ICRs 
are set to expire in the next three years prior to the next renewal of 
this Compliance Assessment/Certification ICR. The burden for direct 
dischargers associated with those five ICRs has been incorporated into 
the Compliance Assessment/Certification ICR as part of this renewal 
process. The five ICRs include:
    1. Milestone Plans for the Bleached Papergrade Kraft and Soda 
Subcategory of the Pulp, Paper, and Paperboard Point Source Category 
(40 CFR part 430), EPA ICR No. 1877.02, OMB Control No. 2040-0202;
    2. Best Management Practices (BMPs) for Bleached Papergrade Kraft 
and Soda Subcategory and the Papergrade Kraft Sulfite Subcategory of 
the Pulp, Paper, and Paperboard Point Source Category (40 CFR part 
430), EPA ICR No. 1829.02, OMB Control No. 2040-0207;
    3. Baseline Standards and Best Management Practices for the Coal 
Mining Point Source Category (40 CFR part 434)--Coal Remining 
Subcategory and Western Alkaline Coal Mining Subcategory, EPA ICR No. 
1944.02, OMB Control No. 2040-0239;
    4. Voluntary Certification in Lieu of Chloroform Minimum Monitoring 
Requirements for Direct and Indirect Discharging Mills in the Bleached 
Papergrade Kraft and Soda Subcategory of the Pulp, Paper and Paperboard 
Manufacturing Category (40 CFR part 430), EPA ICR No. 2015.01, OMB 
Control No. 2040-0242; and
    5. Minimum Monitoring Requirements for Direct and Indirect 
Discharging Mills in the Bleached Papergrade Kraft and Soda Subcategory 
and the Papergrade Sulfite Subcategory of the Pulp, Paper and 
Paperboard Manufacturing Category (40 CFR part 430), EPA ICR No. 
1878.01, OMB Control No. 2040-0243.
    Burden Statement: The annual average reporting and recordkeeping 
burden for this collection of information by facilities responding is 
estimated to be 4.47 hours per respondent (i.e., an annual average of 
2,015,231 hours of burden divided among an anticipated annual average 
of 450,509 unique facilities). The State reporting and recordkeeping 
burden is estimated to average 1,117 hours per State respondent (i.e., 
an annual average of 51,384 hours of burden divided among 46 States).
    Estimated total number of potential respondents: 450,555 (450,509 
facilities and 46 States).
    Frequency of response: Every five years, annual, semiannual, 
quarterly, monthly, on occasion.
    Estimated total average number of responses for each respondent: 
2.41 (1.1 for facilities, 637 for States)
    Estimated total annual burden hours: 2,066,615 hours.
    Estimated total annual costs: $92,351,594. This includes an 
estimated burden cost of $92,351,594 and an estimated cost of $0 for 
capital investment or maintenance and operational costs.
    Change in Burden: There is an increase of 257,035 hours (14.2%) in 
the total estimated respondent burden compared with that identified in 
the ICR currently approved by OMB. This increase is the result of the 
migration of burden from the five ICRs listed above to this ICR and the 
increase in the number of expected stormwater construction and other 
non-stormwater general permittees. It is not the result of changes to 
the requirements covered by this ICR.
    (3) National Pretreatment Program, EPA ICR Number 0002.13, OMB 
Control

[[Page 35230]]

Number 2040-0009, expiration date 09/30/2007.
    Affected Entities: Various industrial categories, publicly owned 
treatment works (POTWs), Local and State governments
    Abstract: This ICR calculates the burden and costs associated with 
managing and implementing the National Pretreatment Program as mandated 
under CWA sections 402(a) and (b) and 307(b). This ICR includes all 
existing tasks under the National Pretreatment Program, as amended by 
the EPA's recent Streamlining Rule. It integrates key elements from two 
existing ICRs whose approvals are due to expire shortly: (1) 
Information Collection Request for the National Pretreatment Program, 
OMB Control No.: 2040-0009, EPA ICR No.: 0002.11, June 7, 2005, and (2) 
Revision of the Information Collection Request for the National 
Pretreatment Program (Pretreatment Streamlining ICR) (Title 40 of the 
Code of Federal Regulations [CFR] Part 403), OMB Control No. 2040-0009, 
EPA ICR No. 0002.12, September 22, 2005.
    EPA's Office of Wastewater Management (OWM) in the Office of Water 
(OW) is responsible for the management of the pretreatment program. The 
CWA requires EPA to develop national pretreatment standards to control 
discharges from Industrial Users (IUs) into POTWs. These standards 
limit the level of certain pollutants allowed in non-domestic 
wastewater that is discharged to a POTW. EPA administers the 
pretreatment program through the NPDES permit program. Under the NPDES 
permit program, EPA may approve State or individual POTW implementation 
of the pretreatment standards at their respective levels. Data 
collected from IUs during implementation of the pretreatment program 
include the mass, frequency, and content of IU discharges and IU 
schedules for installing pretreatment equipment. Data also include 
actual or anticipated IU discharges of wastes that violate pretreatment 
standards, have the potential to cause problems at the POTW, or are 
considered hazardous under the Resource Conservation and Recovery Act 
(RCRA). OWM uses the data collected under the pretreatment program to 
monitor and enforce compliance with the pretreatment regulations, as 
well as to authorize program administration at the State or Local 
(POTW) level. States and POTWs applying for approval of their 
pretreatment programs submit data concerning their legal, procedural, 
and administrative bases for establishing such programs. This 
information may include surveys of IUs, local limits for pollutant 
concentrations, and schedules for completion of major project 
requirements. IUs and POTWs submit written reports to the approved 
State or EPA. These data may then be entered into the NPDES databases 
by the approved State or by EPA.
    Four additional effluent limitations guidelines development ICRs 
are set to expire within the next three years, before the next renewal 
of this Pretreatment Program ICR. The burden for indirect dischargers 
associated with those four ICRs has been incorporated into this 
Pretreatment Program ICR as part of this renewal process. The four ICRs 
are the following:
    1. Pollution Prevention Compliance Alternative; Transportation 
Equipment Cleaning Point Source Category (40 CFR part 442), EPA ICR No. 
2018.02, OMB Control No. 2040-0235.
    2. Voluntary Certification in Lieu of Chloroform Minimum Monitoring 
Requirements for Direct and Indirect Discharging Mills in the Bleached 
Papergrade Kraft and Soda Subcategory of the Pulp, Paper and Paperboard 
Manufacturing Category (40 CFR part 430), EPA ICR No. 2015.01, OMB 
Control No. 2040-0242.
    3. Best Management Practices (BMPs) for Bleached Papergrade Kraft 
and Soda Subcategory and the Papergrade Kraft Sulfite Subcategory of 
the Pulp, Paper, and Paperboard Point Source Category (40 CFR part 
430), EPA ICR No. 1829.02, OMB Control No. 2040-0207.
    4. Minimum Monitoring Requirements for Direct and Indirect 
Discharging Mills in the Bleached Papergrade Kraft and Soda Subcategory 
and the Papergrade Sulfite Subcategory of the Pulp, Paper and 
Paperboard Manufacturing Category (40 CFR part 430), EPA ICR No. 
1878.01, OMB Control No. 2040-0243.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 67.8 
hours per respondent per year, or 68 hours per response.
    Estimated total number of potential respondents: 24,740 (35 States, 
1,512 POTWs and 23,193 industrial users).
    Frequency of response: On occasion, semi-annually, annually, and as 
needed.
    Estimated total average number of responses for each respondent: 
4.1.
    Estimated total annual burden hours: 1,806,020 hours.
    Estimated total annual costs: $80,688,312. This includes an 
estimated burden cost of $80,698,312 and an estimated cost of $10,000 
for capital investment or maintenance and operational costs.
    Change in Burden: There is a decrease of 142,439 (7.3%) hours in 
the total estimated respondent burden compared with that identified in 
the ICR currently approved by OMB. There are burden increases reflected 
in this ICR due to increases in the estimates of state respondents, 
number of approved programs, and incorporation of burden from other 
ICRs. However, the main change in burden is reflected in a decrease in 
the number of SIUs. EPA revised the estimated number of SIUs and 
pretreatment programs after extensive consultation with the EPA regions 
and a thorough examination of PCS data. This resulted in an overall 
decrease in the burden of this ICR.

    Dated: June 22, 2007.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. E7-12445 Filed 6-26-07; 8:45 am]

BILLING CODE 6560-50-P
