ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2009-0817]

Agency Information Collection Activities; Proposed Collection; Comment
Request; Stormwater Management Including Discharges From Newly Developed
and Redeveloped Sites; EPA ICR No. 2366.01, OMB Control No. 2040-NEW.  

AGENCY:	Environmental Protection Agency.

ACTION:	Notice.

SUMMARY:	In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C.
3501 et seq.), this document announces that EPA is planning to submit a
request for a new Information Collection Request (ICR) to the Office of
Management and Budget (OMB).  Before submitting the ICR to OMB for
review and approval, EPA is soliciting comments on specific aspects of
the proposed information collection as described below. 

DATES:  Comments must be submitted on or before [insert date 60 days
after publication in the Federal Register].  

ADDRESSES:  Submit your comments, identified by Docket ID No.
EPA-HQ-OW-2009-0817, by one of the following methods:

  HYPERLINK "http://www.regulations.gov"  www.regulations.gov : Follow
the on-line instructions for submitting comments.

     	•	Email:  OW-Docket@epa.gov, Attention Docket ID No.
EPA-HQ-OW-2009-0817

     	•	Fax:  202-566-9744

Mail: Water Docket, U.S. Environmental Protection Agency, Mail code:
4203M, 1200 Pennsylvania Ave., NW, Washington, DC 20460.  Attention
Docket ID No. EPA-HQ-OW-2009-0817.

 Hand Delivery: Water Docket, EPA Docket Center, EPA West Building Room
3334, 1301 Constitution Ave., NW, Washington, DC, Attention Docket ID
No. EPA-HQ-OW-2009-0817.  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 to Docket ID No.
EPA-HQ-OW-2009-0817.  EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at   HYPERLINK "http://www.regulations.gov"  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 www.regulations.gov or e-mail.  The   HYPERLINK
"http://www.regulations.gov"  www.regulations.gov  website 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 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   HYPERLINK
"http://www.epa.gov/epahome/dockets.htm" 
http://www.epa.gov/epahome/dockets.htm . 

FOR FURTHER INFORMATION CONTACT:  Jan Matuszko, Engineering and Analysis
Division, Office of Water, (4303T), Environmental Protection Agency,
1200 Pennsylvania Ave., NW, Washington, DC 20460; telephone number:
202-566-1035; fax number: 202-566-1053; email address:   HYPERLINK
"mailto:matuszko.jan@epa.gov"  matuszko.jan@epa.gov  or Jonathan Angier,
Water Permits Division, (4203M), Environmental Protection Agency, 1200
Pennsylvania Ave., NW, Washington, DC 20460; telephone number:
202-564-0729; fax number: 202-564-6392; email address:
angier.jonathan@epa.gov

SUPPLEMENTARY INFORMATION:  

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

	EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-OW-2009-0817, which is available for   SEQ CHAPTER \h \r 1 online
viewing at   HYPERLINK "http://www.regulations.gov"  www.regulations.gov
,   SEQ CHAPTER \h \r 1 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   SEQ CHAPTER \h \r
1 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.  

	Use   HYPERLINK "http://www.regulations.gov"  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 any technical information and/or 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.

What Information Collection Activity or ICR Does this Apply to?

Docket ID No. EPA-HQ-2009-0817

Affected entities:  EPA is proposing to distribute three separate
questionnaires focusing on gathering data pertaining to current
stormwater management practices, including those used to control
discharges from newly developed and redeveloped sites.  The first
questionnaire (“Industry Questionnaire”) targets establishments that
develop and redevelop sites in the United States. Establishments
receiving this questionnaire are classified by the following eight North
American Industry Classification System (NAICS) codes:

236115:  New Single-Family Housing Construction (except operative
builders);

236116:  New Multifamily Housing Construction (except operative
builders);

236117:  New Housing Operative Builders;

236210:  Industrial Building Construction;

236220:  Commercial and Institutional Building Construction;

237210:  Land Subdivision;

237310:  Highway, Street and Bridge Construction; and

237990:  Other Heavy and Civil Engineering Construction.

	The second questionnaire (“MS4 Questionnaire”) targets owners or
operators of municipal separate storm sewer systems (MS4s).  This
includes MS4 communities regulated under NPDES stormwater Phase I and
Phase II regulations and other local government entities.

	Lastly, EPA designed the third questionnaire (“States
Questionnaire”) to obtain information from the states and territories.


Title:  Information Collection Request for Stormwater Management
Including Discharges from Newly Developed and Redeveloped Sites

ICR numbers: EPA ICR No. 2366.01, OMB Control No. 2040-NEW  

ICR status:  This ICR is for a new information collection activity.  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: As the urban, suburban and exurban human environment expands,
there is an increase in impervious land cover and stormwater discharges.
 This increase in impervious land cover on developed sites reduces or
eliminates the natural infiltration of precipitation.  The resulting
stormwater flows across roads, rooftops, and other impervious surfaces,
picking up pollutants that are then discharged to our nation’s waters.
 In addition, the increased volume of stormwater discharges results in
the scouring of rivers and streams, degrading the physical integrity of
aquatic habitats, stream function and overall water quality.

In order to make EPA’s stormwater program more effective in protecting
our nation’s water quality, EPA commissioned the National Research
Council (NRC) to review the Agency’s program for controlling
stormwater discharges under the CWA and recommend any steps the Agency
should take.  The NRC released its report, entitled Urban Stormwater
Management in the United States, National Academy of Sciences Press, in
October 2008, with recommendations for EPA on how to strengthen the
national stormwater program (available at    HYPERLINK
"http://cfpub.epa.gov/npdes/home.cfm?program_id=6" 
http://cfpub.epa.gov/npdes/home.cfm?program_id=6 ).  The NRC found that
the current regulatory approach by EPA under the CWA is not adequately
controlling all sources of stormwater discharge that are contributing to
waterbody impairment.  The NRC recommended that EPA address stormwater
discharges from impervious land cover and promote practices that
harvest, infiltrate and evapotranspirate stormwater to reduce or prevent
it from being discharged, which is critical to reducing the volume and
pollutant loading to our nation’s waters. 

	In order to protect our nation’s water quality, EPA is committing to
move forward with a nationwide rulemaking pursuant to CWA section
402(p), 33 U.S.C. § 1342(p), to propose requirements, including design
or performance standards, for stormwater discharges from, at minimum,
newly developed and redeveloped sites. EPA intends to propose regulatory
options that would revise the NPDES regulations and establish a
comprehensive program to address stormwater discharges from newly
developed and redeveloped sites and to take final action no later than
November 2012. As part of this effort, EPA needs to gather data to
assess current practices and regulatory mechanisms; the effectiveness
and feasibility of various control technologies, best management
practices (BMPs), and pollution prevention opportunities and their
associated potential pollutant reductions and costs; and the possible
financial impacts associated with implementing regulations for
stormwater discharges in developed and developing areas.  Therefore, EPA
is seeking Office of Management and Budget (OMB) approval for an ICR.  

	In order to evaluate current stormwater management practices, the scope
of the current state and local programs, and any EPA regulation to
control these discharges, EPA is proposing several data collection
activities. Because a regulation could impact, among others,
establishments responsible for developing or redeveloping sites, MS4s,
and the states, the ICR announced today is composed of three
questionnaires: an Industry Questionnaire, an MS4 Questionnaire, and a
State Questionnaire.  

	EPA is distributing the Industry Questionnaire to collect technical
feasibility, effectiveness, and cost information on various controls,
pollution prevention technologies, and BMPs applied to stormwater
discharges from newly developed and redeveloped sites.  Some of these
BMPs include promoting onsite stormwater retention. This information
will be used to assist EPA in evaluating various regulatory options and
determining the site level and nationwide costs for regulating the
pollutant discharges associated with stormwater from newly developed and
redeveloped sites.  Additionally, EPA will collect firm level financial
data to assess the economic impact if these controls were the basis of a
regulation.  

	The MS4 and State Questionnaires will collect information on the scope
of the current regulatory program and the stormwater management
practices that are currently required for controlling stormwater
discharges.  This includes information on site plan review, performance
standards or design criteria, retention practices and associated
financial information.  EPA intends to use this information to assess
existing conditions and the impact to MS4s and states that may result
from a regulation.  

EPA intends to submit this information collection request to the Office
of Management and Budget (OMB) for approval to distribute three
mandatory questionnaires under the authority of Section 308 of the CWA,
33 U.S.C. 1318.  All questionnaire recipients will be required to
complete and return the questionnaire to EPA.  

EPA solicits comment on the following items regarding this ICR.

1) Are there alternate means of gathering data from the MS4s and/or
states that would obviate the need for a questionnaire?

2) Are there other commercial enterprises that should be included as
respondents, as a means of obtaining maintenance and installation cost
information for stormwater controls?

3) Are there alternate means of gathering information on general project
design and costs, and the changes in general project design and costs
that could result from implementing national standards for stormwater
discharges from newly developed and redeveloped sites?    

4) Are there alternate means of distributing the “Industry
Questionnaire” in order to get representative information while
causing less burden to the respondents, such as a short questionnaire
that goes out to a larger sample of respondents while a smaller subset
of respondents receives a more detailed questionnaire?

Burden Statement: The annual public reporting and recordkeeping burden
for this collection of information is estimated to average 53 hours per
response.  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.   

	The ICR provides a detailed explanation of the Agency’s estimate,
which is only briefly summarized here:

	Estimated total number of potential respondents: 2,060

	Frequency of response:  One occasion.

	Estimated total average number of hours for each respondent:  53

	Estimated total annual burden hours: 108,675

	Estimated total annual costs: $4.07 million.  This includes an
estimated burden cost of $4.05 million for labor and $17,150 for
operations and maintenance. 

What is the Next Step in the Process for this ICR?

	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 pursuant to 5 CFR 1320.12.  At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv)
to announce the submission of the ICR to OMB and the opportunity to
submit 

additional comments to OMB.  If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

Dated: ________________      

  

__________________________________

Ephraim S. King, Director

Office of Science and Technology.

BILLING CODE 6560-50

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