97-4617. Agency Information Collection: Proposed and Continuing Collection; Comment Request; Combined Sewer Overflow Information Collection Activities Being Proposed and Continued (OMB Control Number 2040-0170)

[Federal Register Volume 62, Number 37 (Tuesday, February 25, 1997)]
[Notices]
[Pages 8445-8446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4617]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5694-1]


Agency Information Collection: Proposed and Continuing 
Collection; Comment Request; Combined Sewer Overflow Information 
Collection Activities Being Proposed and Continued (OMB Control Number 
2040-0170)

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that EPA plans to submit the following 
continued Information Collection Request (ICR) to the Office of 
Management and Budget (OMB): Combined Sewer Overflow Information 
Collection Activities (OMB Control Number 2040-0170, EPA ICR number 
1680.02, current expiration date 4/30/97). Before submitting the ICR to 
OMB for review and approval, EPA is soliciting comments on specific 
aspects of the amended information collection as described below.

DATES: Comments must be submitted on or before April 28, 1997.

ADDRESSES: Environmental Protection Agency, Office of Wastewater 
Management (Mail Code 4203), 401 M Street S.W., Washington, D.C. 20460. 
Interested persons may obtain a copy of the ICR amendment and 
supporting analysis without charge by contacting the individual listed 
below.

FOR FURTHER INFORMATION CONTACT: Timothy Dwyer, EPA Office of 
Wastewater Management (Mail Code 4203), 401 M Street S.W., Washington, 
D.C. 20460. Telephone: [phone]. Fax: [phone].

SUPPLEMENTARY INFORMATION:

    Affected entities: Entities affected by this action are 
municipalities with combined sewer systems, which are covered by EPA's 
Combined Sewer Overflow (CSO) Control Policy.
    Title: ICR for the Combined Sewer Overflow Control Policy (OMB 
Control Number 2040-0170; EPA ICR Number 1680.02) expiring on April 30, 
1997.
    Abstract: EPA is proposing to continue its ICR for the Combined 
Sewer Overflow (CSO) Control Policy that was approved in April 1994 and 
to amend that ICR to include the burden associated with third-party 
notification provisions under the Policy. That amendment was proposed 
in the Federal Register on January 31, 1996 (61 FR 3396) and was 
prepared to reflect changes to ICR requirements identified in the 
Paperwork Reduction Act of 1995. Specifically, it addresses the 
expanded scope of the Act in redefining ``collection of information'' 
to include ``disclosure to third parties or the public.'' Information 
collection burden other than third-party notification is reflected in 
the existing ICR for the CSO Control Policy. This ICR will also include 
the estimated burden for the reporting and recordkeeping associated 
with monitoring CSOs during wet weather events. This monitoring is 
necessary to determine the effectiveness of selected CSO control 
measures to comply with CWA requirements and to achieve compliance with 
applicable State water quality standards.
    Combined sewer systems (CSSs) serve approximately 950 
municipalities, primarily in the Northeast and Great Lakes regions. 
This number is smaller than that in the initial ICR largely because the 
Agency has better data on the number of municipalities with combined 
sewer systems nationwide. CSOs occur when these systems overflow and 
discharge to receiving waters prior to treatment in a publicly owned 
treatment works (POTW).
    The CSO Control Policy, published on April 19, 1994 (59 FR 18688), 
is a national framework for controlling CSOs through the National 
Pollutant Discharge Elimination System (NPDES) permitting program. The 
Policy represents a comprehensive national strategy to ensure that 
municipalities with CSSs, NPDES permitting authorities, water quality 
standards authorities, and the public engage in a comprehensive and 
coordinated planning effort to achieve cost-effective CSO controls that 
ultimately meet appropriate health and environmental objectives, 
including compliance with water quality standards.
    Among the provisions in the CSO Policy are the ``nine minimum 
controls'' (NMC), which are technology-based actions or measures 
designed to reduce the magnitude, frequency, and duration of CSOs and 
their effects on receiving water quality. The CSO Control Policy 
provided for implementation of the NMC by January 1, 1997.
    One of the NMC is public notification of CSO occurrences and 
impacts. Public notification is of particular concern at beach and 
recreation areas directly or indirectly affected by CSOs, where public 
exposure is likely to be significant. Although the information 
collection burden associated with implementing and documenting the NMC 
is included in the ICR for the CSO Control Policy, that ICR does not 
include any burden associated with third-party notification. That 
burden is included in this renewal.
    The CSO Control Policy also contains a provision for the 
development of long-term control plans. The policy recommends that 
permit writers require permittees to develop a long-term plan within 
two years of the issuance of an NPDES permit or other enforceable 
mechanism containing such a requirement. The core of the plan is the 
development and evaluation of long-term control alternatives. One of 
the elements of the long-term plan is the development of a post-
construction

[[Page 8446]]

compliance monitoring program to be implemented when selected controls 
are completed. OMB's approval of the initial ICR for the CSO Control 
Policy recommended that the renewal ICR include EPA's best estimate of 
the burden associated with a reasonable and targeted compliance 
monitoring program.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
    The EPA would like to solicit comments on its ICR amendment. 
Specifically, we would like comments to help us 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.
    Burden Statement: The estimated burden reflected in this ICR is 
1,861,528 hours and a cost of $58,737,887.
    Of this total, the portion for municipalities with combined sewer 
systems is 1,774,319 hours at a cost of $55,975,099, including start-up 
costs of $180,080 for the third party notification under the Nine 
Minimum Controls (NMC) in the CSO policy. The estimated burden on each 
of 238 municipalities for DMR reporting and recordkeeping is 291 hours 
and $9,219. The estimated burden on each of 570 municipalities for NMC 
reporting and long-term control plan development and submission is 
2,978 hours and $93,598 and for third-party notification, 24 hours and 
$756.
    The estimated burden for Federal and State governments is 8896.5 
hours and $281,844 and 78,312.5 hours and $2,480,944, respectively. 
This includes the burden associated with reviewing the DMRs, the NMC 
documentations, and the long-term control plans submitted by the 
respondents and reissuing NPDES permits or issuing other enforceable 
mechanisms to municipalities with CSSs to implement the CSO Control 
Policy. The annual average burden for Federal and State review of DMRs, 
NMC documentations, and long-term control plans is 2,445.5 hours and 
$77,475 and 21,157.5 hours and $670,271, respectively. The annual 
average burden associated with reissuing NPDES permits or issuing other 
enforceable mechanisms to CSO municipalities is 520 hours and $16,474 
for the Federal government and 4,547 hours and $144,039 for State 
governments.
    The estimated burden on the States to report summary information to 
EPA for oversight of the EPA's CSO Control Policy and for GPRA purposes 
is 1,200 hours and $38,016.
    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.
    Interested parties may obtain a copy of the draft supporting 
statement, including the burden analysis, from Timothy Dwyer, EPA 
Office of Wastewater Management, at [phone].

    Dated: February 14, 1997.
Michael B. Cook,
Director, Office of Wastewater Management.
[FR Doc. 97-4617 Filed 2-24-97; 8:45 am]
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