[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Notices]
[Pages 54682-54684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26458]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5319-8]
Agency Information Collection Activities Up for Renewal; Water
Quality Standards Regulation
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 the Information Collection Request
(ICR) listed below is coming up for renewal. Before submitting the
renewal package to the Office of Management and Budget (OMB), EPA is
soliciting comments on specific aspects of the collection as described
below.
DATES: Comments must be submitted on or before December 26, 1995.
ADDRESSES: Water Quality Standards Branch, U.S. EPA, 401 M Street SW.,
Mailcode 4305, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Karen Gourdine, Telephone Number:
(202) 260-1328, Facsimile Number: (202) 260-9830.
SUPPLEMENTARY INFORMATION:
Affected entities: Entities affected by this action are Indian
Tribes that are seeking or have EPA authorization to administer the
water quality standards program contained in Section 303 of the Clean
Water Act and the 50 States and 7 Territories (the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Trust Territory of the Pacific Islands, the
Commonwealth of the Northern Mariana Island).
Title: Information Collection Request for the Water Quality
Standards Regulation (OMB Control #2040-0049; Expiration Date: February
26, 1996).
Abstract: Water quality standards are provisions of Tribal, State,
or Federal law which consist of designated uses for the waters of the
United States, water quality criteria for the waters based on such
uses, and an antidegradation policy to prevent the degradation of water
quality. Water quality standards are established to protect the public
health or welfare, protect and enhance the quality of water, and serve
the purposes of the Clean Water Act (``CWA''). Such standards serve two
primary purposes. First, they define water quality goals for water
bodies. Second, they serve as a regulatory basis for establishing water
quality-based treatment controls and strategies beyond technology-based
treatment required by Sections 301 and 306 of the CWA. At a minimum,
water quality standards must contain use designations for waterbodies,
water quality criteria that protect the use designations, and an
antidegradation policy that protect the both existing uses and high
quality waters.
States are required by Federal law to establish water quality
standards. Currently, CWA Section 303(c) of the CWA (33 U.S.C. 1313(c))
governs the water quality standards program. Section 303(c) requires
Indian Tribes (that have received EPA authorization to adminster the
water quality standards program and have had their water quality
standards approved by EPA) as well as States to review and revise their
water quality standards at least once every three years and to submit
to EPA the results of the revisions. EPA then reviews each State or
Tribal submission for approval or disapproval.
The Water Quality Standards Regulation (40 CFR Part 131) is the EPA
regulation governing the implementation of the water quality standards
program. The Water Quality Standards Regulation (the Regulation)
describes requirements and procedures for the States and Tribes to
develop, review, and revise their water quality standards and for EPA
to review and approve the water quality standards. Section 131.6
establishes the following minimum requirements for a water quality
standards submission: (a) use designations consistent with Section
101(a)(2) and 303(c)(2) of the Act, (b) methods used and analyses
conducted to support water quality standards revisions, (c) water
quality criteria sufficient to protect the designated uses, (d) an
antidegradation policy consistent with 40 CFR 131.12, (e) certification
by the State Attorney General or other appropriate legal authority that
the water quality standards were duly adopted pursuant to State or
Tribal law, and (f) information which will aid EPA in determining the
adequacy of the scientific basis of the standards that do not include
the uses specified in Section 101(a)(2) of the Act and information on
general policies that may affect the application and implementation of
the standards.
EPA's review of State and Tribal submissions is implemented through
Section 131.5 of the Regulation. The review criteria are: (a) whether
the adopted use designations are consistent with CWA requirements, (b)
whether the criteria protect the designated water uses, (c) whether the
State or Tribe has followed its legal procedures for revising or
adopting standards, (d) whether the standards which do not include uses
specified in Section 101(a)(2) of the Act are based on appropriate
technical and scientific data and analyses, and (e) whether the
submission meets the minimum elements from section 131.6 (above).
CWA Section 518(e) requires EPA to promulgate regulations
specifying how Indian Tribes would qualify to administer the water
quality standards program, and to establish a mechanism to resolve
disputes which arise between States and Tribes over water quality
standards on common waterbodies. Implementation of the regulatory
revisions will likely include collection of information by EPA for
purposes of determining if a Tribe is qualified to administer the water
quality standards program, and determining if initiation of a formal
EPA dispute resolution action is justified. Tribes are not required to
apply for administering the water quality standards program, nor are
Tribes/States required to request EPA assistance in resolving disputes.
However, where Tribes desire to be authorized to administer the water
quality standards program, or where Tribes/States desire a formal EPA
dispute resolution action, information collection will be necessary.
Based on the review of their existing water quality standards,
State and Tribal agencies make recommendations on any justified changes
to the water quality standards. The State or Tribe must then provide an
opportunity for at least one
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public hearing (at least once every three years) for the purpose of
receiving public input on the review and proposed revisions to the
standards. Based on the record developed according to the State's or
Tribe's administrative procedures requirements, the State and Tribes
adopts those changes deemed justified.
The results of the review and other materials are submitted to the
EPA for review (performed at the Regional offices). If the standards
are consistent with the CWA, EPA must approve the standards within 60
days; if the standards are not consistent with the CWA, EPA will
disapprove the standards. If the State or Tribe does not make changes
necessary to the standards within 90 days, EPA may propose to
promulgate a Federal regulation to remedy the disapproval.
Where an Indian Tribe desires to seek authorization for
administering its own water quality standards program, the Tribe will
be required to submit an application containing sufficient information
for EPA to determine if the Tribe is qualified. The application
includes: (a) Evidence that the Tribe is recognized by the Secretary of
the Interior; (b) A narrative statement that the Tribe is currently
carrying out substantial governmental duties and powers over a Federal
Indian reservation; and, (c) A narrative statement of the Tribe's
authority to regulate the quality of reservation waters, and a
narrative statement describing the capability of the Tribe to
administer an effective water quality standards program. Because the
application process to seek authorization of the water quality
standards program is a one-time effort on the part of Tribes, there are
no reporting frequencies associated with this information submission.
Where a dispute arises between a Tribe and a State over a common
waterbody, and the Tribe or State desires EPA to initiate a formal
dispute resolution action, the Tribe or State will be required to
submit a written request to EPA. Some of the information needed
includes: (a) A statement of the alleged unreasonable consequences that
have arisen due to the differing water quality standards; (b) A
description of the actions which have been taken to resolve the dispute
(c) An identification of the water quality standards provision(s) which
has resulted in the dispute, and (d) A statement of the relief sought.
State and Tribal water quality standards are used in several ways
including serving as water quality goals for each waterbody, helping
Federal, State, Tribal, and local governments develop water quality
management plans and objectives, helping land use planners plan future
growth helping industries make facility citing decisions, and helping
State and local governments plan for and protect water supplies. Most
importantly, water quality standards serve as the foundation of
regulatory requirements for controlling pollutant discharges. The water
quality standards program provides the basis for water quality-based
pollutant controls which must be implemented where technology-based
controls do not enable the water quality standards to be met. The water
quality standards program also identifies situations where non-point
sources need controlling and serve as the basis for establishing
wasteload allocations and water quality-based permit limits for point
source dischargers. If this activity were not carried out, explicit
requirements of the Clean Water Act would be violated.
EPA will use the information submitted by the State or Tribes for
initiation of a formal EPA dispute resolution action to determine if
initiation of such a dispute resolution is justified under CWA Section
518(e). Because requesting EPA dispute resolution is optional, there
are no reporting frequencies associated with any of the dispute
resolution request information submission requirements. EPA assumes
that requests for dispute resolution will occur only where desired by
States or Tribes, and only once per dispute.
To minimize the information submission burden on States and Tribes
pertaining to dispute resolution, the submission of a formal written
request is not necessary where informal EPA mediation of disputes is
desired. Written requests and information submission are only required
where a State or Tribe desires a formal EPA dispute resolution action.
Because each dispute over water quality standards will be unique, and
the information required to be submitted pertains solely to the dispute
it is very unlikely that Tribes will be required to re-submit
information which has previously been provided when requesting an EPA
dispute resolution action.
EPA has developed numerous detailed program and technical guidance
documents to assist States and Tribes in reviewing their standards,
performing UAAs, deriving site-specific criteria, conducting wasteload
allocations, and incorporating water quality-based control requirements
into National Pollution Discharge Elimination System (NPDES) permits.
EPA also provides assistance to help States and Tribes address certain
water quality issues. Additionally, EPA provides a computerized system
(STORET) which States and Tribes may use and which minimizes the burden
to maintain records on water quality data. Furthermore, efforts has
been made to to reduce the burden on Tribes that choose to apply for
any CWA or SDWA programs.
The information collection schedule is pursuant to the mandates of
Section 303(c) of the CWA and, thus, is not adjustable by the EPA. The
triennial review cycle ensures that the latest scientific and other
information are reflected in the standards. Application by Indian
Tribes to administer the water quality standards program is a one-time
collection of information per respondent. Requests for dispute
resolution also will be a one-time collection of information per
respondent.
An Agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are displayed in 40 CFR Part 9. This ICR renewal does not
involve third party and public disclosures not previously reviewed and
approved by OMB.
The CWA and EPA's water quality standards regulation require
reporting from 50 States and 7 commonwealths and territories, and
Indian Tribes (that have developed their water quality standards and
have EPA authorization to administer the water quality standards
program). The reporting consists of submitting the reviewed, revised,
and adopted water quality standards to EPA at least once every three
years. Also, the reporting includes Tribal applications to administer
the water quality standards program and State/Tribal requests for
dispute resolution. The ICR renewal will not include the burden for
third-party and public disclosures not previously reviewed and approved
by OMB.
EPA would like to solicit comments 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;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
[[Page 54684]]
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Burden Statement: The existing estimated total annual burden to the
respondents is 193,440 hours per year (based on 77 jurisdictions with
20 Indian Tribes qualifying for administer the water quality standards
program). 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.
Send comments regarding these matters, or any other aspect of the
information collection, including suggestions for reducing the burden,
to: Karen Gourdine, Water Quality Standards Branch, U.S. EPA, 401 M
Street SW., Mailcode 4305, Washington, DC 20460.
Dated: October 19, 1995.
Tudor T. Davies,
Director, Office of Science and Technology.
[FR Doc. 95-26458 Filed 10-24-95; 8:45 am]
BILLING CODE 6560-50-P
