
Information Collection Request


Supporting Statement
for Information Collection Request
for the EPA's National Fish Program (previously referred to as Information Collection Request for the National Listing of Fish Advisories)


Renewal ICR







May 2018



EPA ICR Number 1959.06
OMB Control No. 2040-0226
(Non-Regulatory)






U.S. Environmental Protection Agency
Office of Water
Office of Science and Technology
1200 Pennsylvania Avenue, NW
Washington, DC 20460


TABLE OF CONTENTS

Section	Page
1.	Identification of the Information Collection	1
1(a)	Title of the Information Collection	1
1(b)	Short Characterization/Abstract	1
2.	Need for and Use of the Collection	2
2(a)	Need/Authority for the Collection	2
2(b)	Practical Utility/Users of the Data	2
3.	Non-duplication, Consultations, and Other Collection Criteria	3
3(a)	Non-duplication	3
3(b)	Public Notice Required Prior to ICR Submission to OMB	4
3(c)	Consultations	4
3(d) 	Effects of Less Frequent Collection	5
3(e)	General Guidelines	5
3(f) 	Confidentiality	5
3(g)	Sensitive Questions	5
4.	The Respondents and the Information Requested	5
4(a)	Respondents/SIC Codes	6
4(b)	Information Requested	6
(i)	Data items, including record keeping	6
(ii)	Respondent Activities	7
5(a)	Agency Activities	7
5(b)	Collection Methodology and Management	8
5(c)	Small Entity Flexibility	8
5(d)	Collection Schedule	9
6.	Estimating the Burden and the Cost of the Collection	9
6(a)	Estimating Respondent Burden	9
6(b)	Estimating Respondent Costs	10
(i)	Estimating Labor Costs	11
(ii)	Estimating Capital and Operations and Maintenance Costs	11
6(c)	Estimating Agency Burden and Cost	11
6(d)	Estimating the Respondent Universe and Total Burden and Costs	16
6(e)	Bottom Line Burden Hours and Cost Tables	16
(i)	Respondent Tally	16
(ii)	The Agency Tally	16
(iii)	Variations in the Annual Bottom Line	16
6(f)	Reasons for Change in Burden	17
6(g)	Burden Statement	17
Appendix A -  EPA Office of the Inspector General Report on 
	EPA's Fish Advisory Program	A-1
Appendix B  -  Relevant Sections of Statues, Regulations, or Judicial/Administrative Decrees Enabling the Collection of Information	B-1
Appendix C  -  Email Request to States and Fish Advisory and Tissue Templates	C-1

1.	Identification of the Information Collection
1(a)	Title of the Information Collection
EPA's National Fish Program.
1(b)	Short Characterization/Abstract
The Clean Water Act (CWA) section 101(a)(2) interim goal provides for the protection and propagation of fish, shellfish, and wildlife and for recreation in and on the water. The EPA includes the safe consumption of fish and shellfish as part of this fundamental CWA goal. There is a continuing need to maintain the overall quality and availability of public information concerning fish advisories, which includes, but is not limited to, water quality standards, monitoring and assessment activities, and the issuance of advisories and bans related to fish and shellfish consumption. Primary responsibility for these activities lies with state and tribes. However, within a state there are often several agencies that share responsibility for the water quality and advisory activities, which has led to inconsistent reporting of advisories.
The nationwide collection of fish advisory information began in 1994 with a survey of the 50 states, the District of Columbia, and U.S. territories (Guam, American Samoa, Puerto Rico, and the U.S. Virgin Islands) and the Great Lakes Indian Fish & Wildlife Commission, a total of 56 potential respondents. In 2000, 36 tribal organizations were added to the survey. There are currently 44 tribes with tribal-adopted water quality standards in effect under the Clean Water Act. Over the 3-year period of this ICR (2018-2021), the EPA will collect data/information from potentially 44 tribal organizations, as well as the original 56 respondents. 
       The current fish program survey is used to obtain both qualitative and quantitative advisory information on new advisories issued by each state, territory, and tribal organization annually and the fish tissue data that served as the basis for these advisories. The information requested includes: 
          Waterbody under advisory, including the geographic location and extent of the advisory.
         Fish or shellfish species (and size ranges) included in each advisory.
         Chemical contaminant(s) identified in the advisory and the chemical residue levels detected in various fish species sampled.
         Waterbody type encompassed by advisory (e.g., lake, river, estuary, coastal waters).
Since 1994, this information has been updated and maintained in the EPA's National Listing of Fish Advisories (NLFA) database. However, in an effort to reduce operations and maintenance costs, the EPA is transitioning from the NLFA database, and migrating the state/tribal fish tissue contaminant data in the NLFA to STORET/Water Quality Exchange (WQX). The EPA also plans to use an existing data system or schema to manage and maintain state advisory information. During the transition, the EPA will work collaboratively with states, territories and tribes to ensure that data migrated are accurate, complete, standardized and consistent with how these jurisdictions report their data. The EPA will also request feedback from states, territories and tribes on the data elements to be collected for future data requests, how data will be analyzed and what decisions will be made based on the results. The EPA's focus moving forward will be to create a comprehensive database/dataset of fish tissue data that includes data collected by the EPA and the states, territories and tribes. 
Information from this survey will allow the EPA's Office of Water to complete the commitments made in response to the recommendations in the EPA's Office of Inspector General (OIG) report of 2017 resulting from a review of the EPA's Fish Advisory Program (see report in Appendix A). For example, the EPA will use the information collected under the ICR to identify and clarify issues that could lead to the development of national guidance or revision of current guidance for states, territories and tribes on sampling and analysis, risk assessment procedures, risk management practices, and risk communication procedures that will further protect human health. 
The EPA estimates that up to 100 surveys will be sent to states, territories and tribes to request fish advisory and fish tissue data. The actual cost for a respondent to complete the survey is anticipated to increase due to revised burden estimates and the addition of two new activities to increase communication, engagement, information sharing and support between the EPA and the states, territories and tribes. When the fish program survey is implemented, the total annual respondent cost under this ICR is estimated to be $110,517.20 (35.08 hours per year at an average labor rate of $44.78 per hour per respondent for 100 respondents). 
2.	Need for and Use of the Collection 
2(a)	Need/Authority for the Collection
The EPA needs this information to determine whether recreational and subsistence fishers are at additional risk of exposure to chemical contaminants through their consumption of locally caught fish and shellfish. The fish program survey will provide information on the types of contaminants that trigger the issuance of advisories, the monitoring designs the states used with respect to the numbers of samples collected and number of stations surveyed, chemical contaminants being analyzed in fish tissue, how advisory information is being communicated to the target fish-consuming population and whether states and tribes have conducted an evaluation of their advisory program.
The EPA is collecting this information under the authority of CWA section 104, which provides for the collection of information to be used to protect human health and the environment. Copies of the relevant section of the CWA are provided in Appendix B. 
2(b)	Practical Utility/Users of the Data
The EPA uses the information collected to address issues in three specific areas for state, tribal and territorial fish advisory programs:
Enhancing the public's right-to-know about the safety of fish and shellfish harvested from local waters by making this information available online.
Improving the scientific and policy foundations in support of state, territorial, tribal, and local actions.
Providing up-to-date sampling and analysis methods, risk assessment, risk management, and risk communication procedures for the states, territories and tribes to use to better protect the health of recreational and subsistence fishers in a more timely and comprehensive manner.
      The information collected will be compiled to determine the status and nature of chemical contamination in the nation's waters, the level of effort by jurisdictions to monitor and evaluate fish tissue residue data at their monitoring sites, and the location and geographic extent of fish advisories and bans issued each year. The EPA will use the analysis to plan more effective research and policies to reduce risks to consumers of locally caught, chemically contaminated fish.
The Office of Water uses and will continue to use the information, especially the state/tribal and national summary data, to examine the success of current advisory programs. The Office of Water will share this information with other program offices, such as the Office of Research and Development and the Office of Policy, to evaluate scientific research needs and policy implications. The EPA Regions will use the information to address concerns regarding fish advisories and monitoring programs. The Centers for Disease Control and Prevention and other federal agencies will also be able to use this information. The information compiled in this survey will permit state, tribal, and local organizations, such as public health agencies, environmental protection agencies, and fish and wildlife departments, to easily review cumulative information on monitoring programs and fish advisories for the purpose of developing public information materials (e.g., fishing regulation brochures) and prioritizing resources to address water quality concerns directly related to chemical contamination of fish.
Summary and individual state/tribal data will also be made available to non-governmental organizations and to the public. By accessing the data through the Internet, the public will be able to readily determine whether the waterbody they want to fish has been monitored to assess the level of chemical contamination in the fish and whether an advisory or ban has been issued. This will provide the consumers with information that they can use to make informed decisions on waterbodies they fish in and the amount and types of fish they consume.
The information to be collected from respondents includes the name, address, and other contact information for the agency responsible for issuing the fish advisories and answering public or technical inquiries. These references provide a means for obtaining current fish advisory information, as well as professional networking resources and referrals for improving water quality at our nation's fishable waterbodies. 
3.	Non-duplication, Consultations, and Other Collection Criteria
3(a)	Non-duplication
The survey of fish advisories has been performed since 1994 under previously approved ICRs for the 305(b) Water Quality Collection Effort (OMB Control No. 2040-0071; EPA ICR No. 1560.03 and 1560.04); however, tribal organizations had not been comprehensively targeted by these surveys. The EPA examined the information collected from each of the previous surveys and determined that none of them addressed all of its needs to inventory the locations of the nation's waterbodies under advisories, as well as to compile nationwide information on state, territory, and tribal fish advisory programs.
In 2000, a new ICR was submitted to OMB for approval to cover additional questions and respondents not covered by the 305(b) Water Quality Collection Effort because the Office of Water wanted to obtain additional information on fish advisories from the 50 states, the District of Columbia, four U.S. territories, and additional Tribal groups. Since then, the survey of fish advisories has been performed under an approved ICR for the National Listing of Fish Advisories (OMB Control No. 2040-0226; EPA ICR No. 1959.01, expired on 01/31/2004; EPA ICR No. 1959.02, expired on 09/30/2007; EPA ICR No. 1959.03, expired on 02/28/2011; EPA ICR No. 1959.04, expired on 11/30/2014; EPA ICR No. 1959.05 expiring on 07/31/2018). This ICR is a renewal of that information collection, now under a new title: National Fish Program.
3(b)	Public Notice Required Prior to ICR Submission to OMB
In compliance with the 1995 Paperwork Reduction Act, the EPA solicited comments for a 60-day period on this ICR. Comments were requested on the proposed ICR renewal in the Federal Register on February 22, 2018 at 83 FR 7719. The notice included a request for comments and information to enable the EPA 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. The comment period closed on April 23, 2018. 
Seven comments were received during the comment period. Three comments were out of scope. The remaining comments were within the scope of the ICR and were submitted by the Oregon Health Authority, Great Lakes Consortium for Fish Consumption Advisories, New York State Department of Health and New York State Department of Environmental Conservation. Some commenters supported EPA's efforts in gathering fish advisory information and creating a comprehensive database of fish tissue data, while expressing concerns about providing data using the EPA templates because of the amount of time and effort involved. Other comments questioned the following: why EPA collects fish advisory information; the data elements included in the templates; and how EPA will ensure data quality, analyze data, and minimize the burden for data collection.  Recommendations were provided on how to improve the data collection and analysis process. Comments can be viewed on www.regulations.gov under Docket ID: EPA-HQ-OW-2014-0350. The ICR has been revised to address the comments raised by these commenters. EPA has clarified that use of the templates is optional and has explained how it will ensure data accuracy and completeness. Additionally, we will work with jurisdictions to revise the data elements to be collected and discuss ways to extract data directly from publicly available state databases using tools such as web services to minimize reporting burden.
3(c)	Consultations
Prior to revising the ICR, the EPA notified the states, territories and tribes fish advisory programs. To prepare this ICR renewal, the EPA sought input by email from 9 jurisdictions (Alaska, Arizona, Delaware, Maryland, Michigan, New York, Utah, Great Lakes Fish and Wildlife Consortium, and the Aroostook Band of Micmacs) so that the Agency would have more recent information upon which to update the amount of time it would take to respond to the information requested described in section 4b (i.e., burden hours). Delaware, Michigan and Utah provided estimates on the amount of time it would take to review instructions, enter fish advisory and fish tissue data into the templates, and respond to periodic requests for information. Delaware indicated that it was willing to provide the EPA with fish tissue data but did not plan to use the templates provided due to limited staff and the complexity of the information submitted on tissue data.  

3(d) 	Effects of Less Frequent Collection
Depending on the availability of resources, the fish advisory survey will be sent to respondents once per year in order to gather up-to-date information on monitoring and fish advisories that have occurred during the previous 12-month (calendar year) fishing season. Pollution sources and other circumstances change regularly, so it is important to document the changes in fish advisories after states, territories and tribes issue their yearly fishing regulations and advisories, typically during spring. Jurisdictions that are responsible for fish tissue monitoring generally collect fish tissue each year during summer and fall, and then send the fish tissue samples for analysis during fall and winter. Risk assessments are conducted when residue analysis of the fish tissue samples have been completed, typically in late winter. 
Regular annual information collection over a period of several years have shown that the number of fish advisories continues to increase nationwide. In addition, this information has helped to characterize the pollutants that triggered these advisories. For many years, mercury, dioxins/furans, polychlorinated biphenyls (PCBs), chlordane, and dichlorodiphenyl- trichloroethane (DDT) have accounted for most of the advisories issued nationwide. Regular annual collection of this information has also permitted the identification of advisory trends within various waterbodies so that resources can be better allocated to deal with the most pressing problems. Less frequent or irregularly scheduled reporting of advisory information is not sufficient to obtain information for the purposes of this survey because longer periods between reports or unequal periods of reporting would decrease the value of the information obtained, and respondents might have more difficulty in completing the survey if records were archived. In addition, regular annual collection of this information will permit the evaluation of whether or not waters under advisories are meeting water quality standards, so that trends can be identified and resources allocated to deal with the problems of greatest concern.
3(e)	General Guidelines
      This ICR does not exceed any of the OMB guidelines found 5 CFR 1320.5(d)(2).   
3(f) 	Confidentiality
Fish advisory information sought is maintained for public record by the state/tribal public health agency or other state/tribal agencies and no sensitive material is involved. 
3(g)	Sensitive Questions
No questions concerning sexual behavior or attitudes, religious beliefs, or other matters usually considered private are included in this information collection. 
4.	The Respondents and the Information Requested
4(a)	Respondents/SIC Codes 
The following categories of respondents will be surveyed:
State (or other entity) health departments
9431	Administration of public health programs (Administration of public health programs, including the following: Categorical health program administration -- government, communicable disease program administration -- government, environmental health programs -- government, and public health agencies -- non-operating).
State (or other entity) EPAs
9511	Air and Water Resource and Solid Waste Management (Administration of Environmental Quality, including the following: Water control and quality agencies -- government and environmental protection agencies -- government).
4(b)	Information Requested
(i)	Data items, including record keeping
	The data collection efforts covered under this ICR include:

(1) Specific information on each advisory or ban within the jurisdiction including (records to be maintained by the jurisdiction for the public record at least 2 years following completion of the survey each year that the questionnaire is conducted):
         Waterbody name, location, and narrative description of geographic extent of advisory.
         Waterbody type (lake, river, estuary, coastal marine waters, Great Lakes waters, multi-class, bayou, canal). 
         Chemical pollutant(s) detected in fish tissue samples that resulted in issuance of the advisory.
         Date advisory was issued.
         Species of fish and size ranges sampled for which the advisory was issued. 
         Type of advisory issued and population that is targeted (no consumption for the general population; no consumption for sensitive subpopulations, such as pregnant or nursing women and children; restricted consumption for the general population; restricted consumption for sensitive subpopulation; or commercial fishing ban).
         Meal size and frequency of consumption.
         Tissue data that supports the advisory determination including contaminant, residue concentration, type(s) of sample(s) (e.g., fillet, whole, plug, shellfish, wildlife, composite), sample length, and locational coordinates for the data/sample locations (e.g., station IDs, site names, locations, counties, latitude/longitude). 
(2) Mapping the location of each fish consumption advisory or ban (latitude/longitude coordinates for the advisory or hard copy of a marked map that shows the location and extent of the advisory or electronic shapefile/coverage of advisory locations).
 (3) Periodic requests (via email) for information from the EPA and other states/tribes about State/Tribal Fish Advisory Programs (e.g., contributions to the Fish & Shellfish newsletter, presenting on quarterly the EPA and State/Territories/Tribes Fish Program Calls, information on analytical methods for mercury, etc.). This is a new element under this ICR.  
(4) Periodic requests for review of draft program-related guidance documents; input for developing guidance or other materials; or participation on workgroups (e.g., Fish Forum planning workgroup). This is a new element under this ICR. 
(ii)	Respondent Activities
The following activities are required for a respondent to assemble and submit fish advisory information discussed above:
Review transmittal email with instructions on what data or information should be provided.  
Gather advisory information, fish tissue data, and geographic information (latitude/longitude coordinates for the advisory or hard copy of a marked map that shows the location and extent of the advisory or electronic shapefile/coverage of advisory locations).
Prepare transmittal email to submit data.
Respond to periodic requests about State/Territorial/Tribal Fish Advisory Programs. 
Review guidance documents, provide input on program documents and participate in workgroups.
 5. 	The Information Collected - Agency Activities, Collection Methodology, and Information Management
5(a)	Agency Activities 
Agency activities consist of the following:
Update current mailing list of all state, territory, and tribal organizations, and develop survey tracking database to track responses.
Prepare or revise survey materials (i.e., transmittal letter, templates for fish advisory information and fish tissue data, instructions for completing updates to the templates, and procedures for providing mapping/locational information). The use of the templates for submitting data is optional. States, territories and tribes have the flexibility to submit their data to the EPA in the manner that is most convenient and efficient for them. The EPA will work with jurisdictions to revise the data elements to be collected and discuss ways to extract data directly from publicly available state databases using tools such as web services to minimize their reporting burden. 
Submit survey materials to respondents and respond to questions. 
Record receipt of advisories, marked map(s) or shapefiles/GIS coverages or latitude/longitude files, and fish tissue residue data; submit reminders to nonrespondents via e-mail and telephone calls; review/verify advisory boundary markings on map(s); and review and reformat fish tissue residue data files as appropriate.
Enter information from survey into database, reformat tissue data if necessary, and review/verify data entries.
Perform data analysis summaries of national and state/tribal advisory information.
Archive the fish advisory locational data (maps, shapefile/GIS coverages, or electronic latitude/longitude files), and fish tissue data and questionnaire responses for at least 2 years.
5(b)	Collection Methodology and Management
All state, territorial, or tribal respondents in the mailing list will receive email requests to provide new advisory information and fish tissue data. The transmittal emails will explain the purpose of the data collection effort and provide instructions to permit the respondents to complete the advisory and fish tissue templates. Respondents will submit their fish advisory information and fish tissue data electronically to the EPA for incorporation into the STORET/WQX database. However, at a minimum, each respondent is requested to provide a shapefile/GIS coverage or latitude/longitude coordinates of advisory locations and tissue residue data supporting the issued advisories to the EPA by email. Email reminders will be sent to respondents who have not returned the requested information within 30 days. An example fish advisory email request and the fish advisory and tissue templates is provided in Appendix C. Use of these templates is optional. States, territories and tribes have the flexibility to submit their data to the EPA in the manner that is most convenient and efficient for them.  
The EPA will ensure the accuracy and completeness of collected information by reviewing each submission. Data reviews for accuracy and completeness will follow EPA's quality guidance (e.g., Guidance for Quality Assurance Project Plans, EPA QA/G-5, and Guidance for Evaluating and Documenting the Quality of Existing Scientific and Technical Information) and a project-specific quality assurance plan. Fish advisory information and fish tissue data will not be added to the existing database until approved by the EPA and meet minimum data requirements. Fish tissue residue data will be reviewed and reformatted as necessary to make it compatible in structure with other state/tribal/territorial fish tissue residue data in STORET/WQX.
Data analyses will be performed through queries and simple compilations of summary statistics (e.g., number of fish advisories reported; number of advisories issued for a specific chemical contaminant (e.g., mercury); or number of rivers, lakes, estuaries, or coastal marine waters under advisory). Maps received from respondents will be checked to determine whether instructions were followed and the maps marked so that the information can be entered into a GIS database. Back-up copies of the data will be made regularly and maintained in a separate location for at least 2 years.
Fish advisory and fish tissue data will be available to the public by searching the U.S. Geological Survey Water Quality Portal application at https://www.waterqualitydata.us/.  Individual state advisories will be accessible from links to state advisory programs on the EPA's Fish Advisory website at https://www.epa.gov/fish-tech/fish-advisory-contacts-and-partners. 
5(c)	Small Entity Flexibility
Because the information requested is not available online, no alternatives have been found to be more cost effective than direct solicitation of the state health departments or other state, territorial, or tribal entities responsible for issuing fish advisories and that generate this information as a matter of public information for distribution to their residents. No additional gathering of information is required by the state/tribal/territorial health departments or other entities responsible for each fish advisory because advisories and records are their public health responsibilities. "Small Governmental Jurisdictions" (defined for the purpose of this information collection as a government of a state, territory or tribe having a population of less than 50,000) may be included in this survey.
The completion of the surveys (including the addition of updated advisory information, marking maps, and providing fish tissue residue data) is voluntary. Thus, smaller entities that cannot provide the staff and resources to complete the survey are not required to do so. Identification of such smaller entities that do not initially respond will permit the EPA to develop options to assist the smaller entities in completing the survey, such as permitting more time for responding, simplifying the response procedures, or providing contractor assistance in completing the survey. The jurisdictions have been providing data electronically, which provide an easier and more effective means for transmitting and receiving the information. 
5(d)	Collection Schedule
The fish advisory survey will be available to the respondents in early spring to provide one and up to 3 years of fish advisories information and fish tissue data. If the completed survey materials are not returned within 30 days, then an e-mail reminder will be sent to all nonrespondents. In addition, follow-up telephone calls will be made to nonrespondents to determine what, if any, assistance they need to complete the survey. If the completed surveys are not returned within 60 days, the survey will be considered unobtainable. Data will be processed, reviewed, analyzed and summarized with input from these jurisdictions.
Periodic requests for information or to review draft fish program documents or to serve on a workgroup may be made to the states, territories and tribes. Response to these requests are voluntary. The EPA anticipates periodic requests for information to not exceed 6 requests per year. 
6.	Estimating the Burden and the Cost of the Collection
6(a)	Estimating Respondent Burden
      
The EPA considered its previous burden estimates for collecting fish advisory information and revised them based on responses received from three states. (The annual respondent burden and cost presented in Table 1 reflects the estimated average annual labor hours and costs, calculated to occur during the 3-year OMB-approved period of this ICR).
Labor hours are based on initial assumptions that up to 100 potential respondents will be asked to participate in the survey annually. Thus, the total number of surveys that might be processed during this ICR is 300 (3-year approval period).
Senior-level managers (e.g., director, chief) are most likely to receive the survey materials and review instructions; however, it is anticipated that a lower-level technical staff member would provide the new advisory information and fish tissue residue data electronically to the EPA; and mark fish advisory locations on maps, provide shapefiles/GIS coverages or latitude/longitude coordinates. Therefore, the average annualized respondent hour burden to review instructions is 0.50 hours, as shown below. 
	(0.10 hour - manager/year + 0.40 hour - technician/year) = 0.50 hours
The amount of time needed to gather advisory information varies considerably, depending on how many new fish advisories have been issued within the jurisdiction during the past year and/or how many revisions there are to previously issued advisories. Because the amount of time needed to complete the new advisory information or update existing information will vary depending on the number of advisories within the respondent's jurisdiction, a respondent with one fish advisory might require 0.25 hours while a respondent with 20 advisories might require 5 hours. The number of respondents with "low" and "high" fish advisory reporting burdens is unknown at this time. For the purposes of this ICR, the EPA estimates (based on the responses from three states), on the average, that it will require 15.67 hours to complete the new advisory information and revise existing data. This includes time to gather geographic data, develop shapefiles/GIS coverages, determine latitude/longitude coordinates, or manually mark locations of the advisories on a map which will vary depending how many new fish advisories have been issued within the jurisdiction during the past year. Information requested is compiled by each jurisdiction for the public record; hence little, if any, additional time will be needed to gather the information. We estimate that 15.67 hours may be needed each year to gather the advisory information as shown below.
         (2.0 hour - manager/year + 10.67 hour - technician/year + 3.0 hour - clerical/year) = 15.67 hours
Respondents have been submitting their fish advisory information, fish tissue data and mapping information electronically for the past several years and will require time to prepare a transmittal email to submit their data. We estimate that 0.08 hour - technician/year will be needed each year to email the data to the EPA.
The amount of time needed to respond to periodic requests about State and Tribal Fish Advisory Programs (e.g., contributions to the Fish & Shellfish newsletter, information on mercury analytical methods, etc.) may vary depending on the type of request. We estimate (based on responses from 3 states) that 5.83 hours will be needed to respond to 6 requests per year consisting of 3 questions each as shown below.
	(0.75 hour - manager/year + 5.08 hour - technician/year) = 5.83 hours
The amount of time needed to respond to periodic requests for review of draft program-related guidance documents; to provide input for developing guidance or other materials; or to participate on workgroups (e.g., Fish Forum planning workgroup) will depend on the activity and is difficult to adequately estimate the burden without detailed assumptions. We estimate (based on responses from 3 states) that 13 hours will be needed based on the following assumptions: one review per year; four requests for input per year and a best guess on workgroup time based on past experience. This burden is a conservative estimate and based on past experience, the EPA estimates that roughly 20% of respondents would participate in workgroup activities or provide comments on draft documents. 
	(2.0 hour - manager/year + 11 hour - technician/year) = 13.0 hours.
6(b)	Estimating Respondent Costs
The following resources and assumptions were made to estimate respondent costs for this information collection:
(i)	Estimating Labor Costs
Labor rates were obtained from the Bureau of Labor Statistics' Employer Costs for Employee Compensation  -  December 2017 (USDL-17-0451, March 20, 2018) at http://www.bls.gov/news.release/pdf/ecec.pdf, and the following categories were used:
 Manager (White collar: Executive, administrative, and managerial)
 
 $38.30/hour
 Technical (White collar)
 
 $27.52/hour
 Clerical (Administrative support, including clerical)
 
 $19.69/hour
	A benefits/overhead multiplication factor of 1.6 was used to obtain the total cost of employment for state (or other entity) respondents.
	 
(ii)	Estimating Capital and Operations and Maintenance Costs
No capital/start-up costs are anticipated for the jurisdictions participating in the survey because they already collect the information requested for the public record. 
No operations and maintenance (O&M) cost are anticipated. Jurisdictions already maintain the information requested in this collection for the public record and will submit this information to the EPA electronically. Currently, all jurisdictions provide these data via email.
6(c)	Estimating Agency Burden and Cost
	Agency burden is estimated based on the assumption that 10 percent of the labor hours per year for each activity will be work done by the EPA and 90 percent of the labor hours per year will be work done by a contractor. In addition, the EPA management oversight of work performed by technical staff is estimated to require 20 percent of the labor hours for two activities in Table 2. 
 Federal employee rates were obtained from the 2018 OPM General Schedule (GS) Salary Table for the Washington, DC, area for the midpoint (i.e., Step 5) of each salary grade (Available at the http://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2018/DCB_h.pdf), and the following categories were used:
Manager (GS 15)

$73.20/hour
Technical (GS 13)

$52.66/hour
A benefits/overhead multiplication factor of 1.6 was used to obtain the total labor cost for the EPA.
 There are no capital/startup costs anticipated for the Agency.
 O&M costs are anticipated for the Agency for revising the mailing list, survey and tracking database; and for storing/archiving advisory and fish tissue data. Table 2 includes the estimated costs for each year of the ICR period. The following resources and assumptions were used to prepare the burden estimate for each activity:
Preparation of the mailing list and survey tracking database is estimated based on initial assumptions that up to 100 potential respondents nationwide will be sent the fish advisory survey each year. Agency labor includes identifying potential respondents and sources for contact information (name, agency, address, phone number, fax number, and e-mail address) and is estimated to take 0.04 hours per respondent. O&M costs include contractor services to revise the mailing list and the survey tracking database, and enter and verify contact information, based on approximately 0.2 hours per respondent, with an estimated rate of $95.00/hour (labor, overhead, and other direct costs). Agency labor and contractor service estimates are based on an estimated 50 edits to the respondent contact names and addresses annually. It is not likely that the number of respondents will change significantly. Because the contact information will likely only need to be entered once, the Agency labor and contractor services are divided by three to provide an annualized estimate for the ICR.
To revise the existing survey package including the transmittal email, survey, instructions, and mapping procedures requires an estimated number of Agency hours of 0.05 hours per respondent. Fixed O&M costs include 16 contractor hours per year to modify survey materials.
The database for storing fish advisory information and fish tissue data is already in place. No Agency or contractor labor for this activity is anticipated. 
Each year, the Agency will submit a request for information on advisories for the preceding 12 months map(s) and fish tissue residue data for new advisories. The EPA's oversight of this activity is estimated to be 0.01 hours per respondent. Contractor services to send the request and respond to respondents' questions are estimated to be 0.05 hours per respondent per year. 
Survey operations may include recording receipt of marked map(s), electronic shape files/GIS coverages, and electronic fish tissue residue files; sending e-mail reminders to nonrespondents and making telephone contacts with nonrespondents and respondents in situations where additional information is required for clarification, if needed; e-mailing acknowledgment of materials that are received; and reviewing survey materials for completeness and accuracy of responses. The EPA estimates that it will not be involved in these operations except for minor oversight (0.02 hours per respondent per year). Contractor services to perform these operations are based on 1 hour per respondent per year.
The EPA expects that the new fish advisory information and fish tissue data will be provided electronically by respondents. Fish tissue residue data from all states will have to be reviewed and reformatted for uploading to the fish tissue database, and all data (fish advisory, mapping, and fish tissue residue data) will have to be entered into the database and reviewed and verified. The EPA estimates that it will not be involved in these operations except for minor oversight (0.03 hours per respondent per year). Contractor services to enter data for those respondents are expected to be 3 hours per respondent per year. Contractor services to reformat fish tissue data files for all respondents are expected to be 6 hours per respondent per year and contractor services for reviewing/revising all fish advisory information, mapping data, and fish tissue data are estimated to be 2 hours per respondent.
Data analysis of new and updated advisory information will be performed to obtain summary statistics. The EPA will work collaboratively with states, territories and tribes on how the data will be analyzed. The Agency will provide technical direction to a contractor to perform the analyses and discuss and review the results, estimated at 0.06 hours per respondent per year. Contractor services will require 0.5 hours per respondent per year for analysis.
Data obtained from the survey will be stored on the EPA servers. The EPA will provide technical oversight to ensure that data storage meets its requirements and program objectives. Labor is estimated at 0.03 hours per respondent per year. Fixed O&M costs include an estimate for computer equipment maintenance for this program of $1,000 per year. O&M costs for contractor services to maintain the database and perform troubleshooting, if needed, estimated at $5,000 per year.


Table 1. Annual Respondent Burden and Cost 
Information Collection Activity
                  Hours and Costs Per Respondent 
(Years 1-3)
                        Total Hours and Costs 
(Year 1)
                        Total Hours and Costs 
(Year 2)
                        Total Hours and Costs 
(Year 3)

                          Mgr. Hours at $38.30/ Hour
                          Tech. Hours at $27.52/ Hour
                        Clerical Hours at $19.69/ Hour
                                 Resp. Hours/
                                     Year
                          Labor Cost per Respondent/
                                    Year[1]
                             Capital Start-Up Cost
                                 O&M Cost
                                 No. of Resp.
                              Total Resp. Hours/
                                     Year
                             Total Resp. Cost/Year
                                 No. of Resp.
                              Total Resp. Hours/
                                     Year
                             Total Resp. Cost/Year
                                 No. of Resp.
                              Total Resp. Hours/
                                     Year
                           Total Respond. Cost/Year
                                       
Review instructions for fish advisory survey
                                     0.10
                                     0.40
                                     0.00
                                     0.50
                                    $23.74
                                     $0.00
                                     $0.00
                                      100
                                      50
                                   $2,374.08
                                       
                                      100
                                      50
                                   $2,374.08
                                       
                                      100
                                      50
                                   $2,374.08
                                       
Gather advisory, fish tissue and geographic information
                                     2.00
                                     10.67
                                     3.00
                                     15.67
                                    $686.89
                                     $0.00
                                     $0.00
                                      100
                                     1567
                                  $68,689.34
                                      100
                                     1567
                                  $68,689.34
                                      100
                                     1,567
                                  $68,689.34
Prepare transmittal email to submit data
                                     0.00
                                     0.08
                                     0.00
                                     0.08
                                       
                                     $3.52
                                       
                                     $0.00
                                     $0.00
                                      100
                                       8
                                       
                                    $352.26
                                       
                                      100
                                       8
                                    $352.26
                                       
                                      100
                                       8
                                       
                                    $352.26
                                       
Respond to periodic requests about State Fish Advisory Programs (new activity)
                                     0.75
                                     5.08
                                     0.00
                                     5.83
                                    $269.64
                                     $0.00
                                     $0.00
                                      100
                                      583
                                  $26,964.26
                                      100
                                      583
                                  $26,964.26
                                      100
                                      583
                                  $26,964.26
Review guidance documents, provide input on program documents and participate in workgroups (new activity)
                                     2.00
                                     11.00
                                     0.00
                                     13.00
                                    $606.91
                                     $0.00
                                     $0.00
                                      20
                                      260
                                  $12,138.24
                                      20
                                      260
                                  $12,138.24
                                      20
                                      260
                                  $12,138.24
Subtotals
                                     4.85
                                     27.23
                                     3.00
                                     35.08
                                   $1,590.70
                                     $0.00
                                     $0.00
                                   Varies[2]
                                     2,468
                                  $110,517.20
                                   Varies[2]
                                     2,468
                                  $110,517.20
                                   Varies[2]
                                     2,468
                                  $110,517.20
[1]Labor cost per respondent includes a benefits/overhead multiplication factor of 1.6.
[2]Calculations are based on the total number of respondents but actual responses may vary since survey is voluntary.



                        Information Collection Activity
                        Hours Burden and Cost (Year 1)
                                       
                             Total Hours and Costs

                          Mgr. Hours at $73.20/ Hour
                          Tech Hours at $52.66/ Hour
                                       
                          Agency Hours per Resp./Year
                         Labor Cost per Resp./Year[1]
                            Capital/ Start-Up Cost
                              Fixed O&M Cost
                            Non_Fixed O&M Cost2
                                Number of Resp.
                             Total Labor Cost/Year
                      Total O&M (fixed and non-fixed)
                            Total Agency Hours/Year
                            Total Agency Cost/Year
Prepare mailing list and survey tracking database
                                     0.00
                                     0.04
                                     0.04
                                     $3.37
                                    $0.00 
                                    $0.00 
                                    $19.00 
                                      100
                                    $337.00
                                  $1,900.00 
                                     4.00
                                   $2,237.00
Revise fish program survey materials
                                     0.01
                                     0.04
                                     0.05
                                     $4.54
                                    $0.00 
                                  $1,520.00 
                                    $0.00 
                                      100
                                    $454.00
                                  $1,520.00 
                                     5.00
                                   $1,974.00
Submit survey materials to respondents; answer respondents' questions
                                     0.00
                                     0.01
                                     0.01
                                     $0.84
                                    $0.00 
                                    $0.00 
                                    $4.75 
                                      100
                                    $84.00
                                    $475.00
                                     1.00 
                                    $559.00
Record receipt of completed survey materials; perform follow-up and quality control activities
                                     0.00
                                     0.02
                                     0.02
                                     $1.69
                                    $0.00 
                                    $0.00 
                                    $95.00 
                                      100
                                    $169.00
                                  $9,500.00 
                                     2.00 
                                   $9,669.00
Enter information from survey materials into database, if needed, reformat tissue data and review/verify data entries
                                     0.00
                                     0.03
                                     0.03
                                     $2.53
                                    $0.00 
                                    $0.00 
                                   $285.00 
                                      100
                                    $253.00
                                  $28,500.00 
                                     3.00 
                                  $104,753.00
 
                                       
                                       
                                       
                                       
                                       
                                       
                                   $570.00 
                                      100
                                       
                                  $57,000.00 
                                       
                                       
 
                                       
                                       
                                       
                                       
                                       
                                       
                                   $190.00 
                                      100
                                       
                                  $19,000.00 
                                       
                                       
Perform data analysis
                                     0.01
                                     0.05
                                     0.06
                                     $5.38
                                    $0.00 
                                    $0.00 
                                    $47.50 
                                      100
                                    $538.00
                                  $4,750.00 
                                     6.00 
                                   $5,288.00
Store the advisory and fish tissue data
                                     0.00
                                     0.03
                                     0.03
                                     $2.53
                                    $0.00 
                                  $6,000.00 
                                    $0.00 
                                      100
                                    $253.00
                                   $6,000.00
                                     3.00 
                                   $6,253.00
Subtotals
                                     0.02
                                     0.22
                                     0.24
                                    $20.88
                                    $0.00 
                                   $7,520.00
                                   $1,211.25
                                    Varies
                                   $2,088.00
                                  $128,645.00
                                    24.00 
                                  $130,733.00
Table 2. Agency Burden and Cost 
    [1]Labor cost includes a benefits/overhead multiplication factor of 1.6.
    [2]Includes costs of contractor services and postage.







6(d)	Estimating the Respondent Universe and Total Burden and Costs
The respondent universe for fish advisory collection activities for this ICR is calculated based on a total number of 300 surveys to be completed during the 3-year ICR period for an average of up to 100 respondents per year (representing fish advisory contacts from 50 states, District of Columbia, the Great Lakes Indian Fish & Wildlife Commission, four U.S. territories, and 44 Native American Tribes). The number of respondents involved in each activity varies and not all respondents may complete each activity. 
6(e)	Bottom Line Burden Hours and Cost Tables
(i)	Respondent Tally
One respondent table consisting of burden and cost for the respondent groups discussed above was prepared for this ICR.
Total Estimated Respondent Burden and Cost Summary
Technical and Financial Requirements
Number of Respondents
Number of Activities
Total Hours per Year
Total Labor Cost per Year
Total Annual Capital Costs
Total Annual O&M Costs 
Total Annual Labor Costs

Year 1
100
5
2,468
$110,517.20
$0.00
$0.00
$110,517.20
Year 2
100
5
2,468
$110,517.20
$0.00
$0.00
$110,517.20
Year 3
100
5
2,468
$110,517.20
$0.00
$0.00
$110,517.20
TOTAL
300
15
7,404
$331,551.60
$0.00
$0.00
$331,551.60
AVERAGE
100
5
2,468
$110,517.20
$0.00
$0.00
$110,517.20

(ii)	The Agency Tally
The Agency and contractor tables are summarized in the following table.

 Total Estimated Agency Burden and Cost Summary
Technical and Financial Requirements
Number of Respondents
Number of Activities
Total Hours per Year
Total Labor Cost per Year
Total Annual Capital Costs
Total Annual O&M Costs
Total Annual Labor Costs

Year 1
100
7
24
$2,088.00
$0.00
$128,645.00
$130,733.00
Year 2
100
7
24
$2,088.00
$0.00
$128,645.00
$130,733.00
Year 3
100
7
24
$2,088.00
$0.00
$128,645.00
$130,733.00
TOTAL
300
21
72
$6,264.00
$0.00
$385,935.00 
$392,199.00
AVERAGE
100
7
24
$2,088.00
$0.00
$128,645.00
$130,733.00

(iii)	Variations in the Annual Bottom Line
An increase in the collection activities or burden and costs per respondent is anticipated during the period of this ICR.	
6(f)	Reasons for Change in Burden
There is a 31 percent increase to the respondent average annual burden hours from the currently approved ICR (from 1,884 to 2,468), and a 51 percent increase to the respondent average annual cost from the currently approved ICR (from $73,116 to $110,527). The increase is due to revised hourly burden estimate of burden hours per fish advisory collection activity based on recent estimates provided by three states. Additionally, new activities have been added which includes responding to periodic requests; and reviews of guidance documents and/or participation on workgroups. These new activities are important because they allow for increase communication, engagement, information sharing and support between the EPA and the states, territories and tribes. 
6(g)	Burden Statement
The annual public reporting and record keeping burden for this collection of information is estimated to average 35.08 hours[1] per respondent. 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 requirement; 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. These numbers for the EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
To comment on the EPA'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, the EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OW-2014-0350, which is available for public viewing at the EPA Docket Center (EPA/DC), WJC West, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20460. 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. An electronic version of the public docket is available online for viewing at http://www.regulations.gov. Use http://www.regulations.gov 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 type 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 17[th] Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include EPA Docket ID (EPA-HQ-OW-2014-0350) and OMB Control Number (2040-0226) in any correspondence. 
