[Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
[Notices]
[Pages 22607-22608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10524]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6331-4]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Clean Water Act Section 404 State-Assumed Programs
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 document announces that EPA is planning to submit the
following continuing Information Collection Request (ICR) to the Office
of Management and Budget (OMB): Clean Water Act Section 404 State-
Assumed Programs; OMB No. 2040-0168; EPA ICR No. 0220.07; expiration
date 10/31/99. 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 June 28, 1999.
ADDRESSES: US Environmental Protection Agency, Wetlands Division
(4502F), 401 M Street SW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Lori Williams, 202-260-5084; fax 202-
260-8000; williams.lorraine@epa.gov
SUPPLEMENTARY INFORMATION:
Affected entities: Entities potentially affected by this action are
those states/tribes requesting assumption of the Clean Water Act
Section 404 permit program; states/tribes with approved assumed
programs; and permit applicants in states or tribes with assumed
programs.
Title: Clean Water Act Section 404 State-Assumed Programs (OMB
Control No. 2040-0168; EPA ICR No. 0220.07) expiring 10/31/99.
Abstract: Section 404(g) of the Clean Water Act authorizes states
[and tribes] to assume the Section 404 permit program. States/tribes
must demonstrate that they meet the statutory and regulatory
requirements (40 CFR part 233) for an approvable program. Specified
information and documents must be submitted by the state/tribe to EPA
to request assumption. Once the required information and documents are
submitted and EPA has a complete assumption request package, the
statutory time clock for EPA's decision to either approve or deny the
state/tribe's assumption request starts. The information contained in
the assumption request is made available to
[[Page 22608]]
the other involved federal agencies (Corps of Engineers, Fish and
Wildlife Service and National Marine Fisheries Service) and to the
general public for review and comment.
States/tribes must be able to issue permits that comply with the
404(b)(1) Guidelines, the environmental review criteria. States/tribes
and the reviewing federal agencies must be able to review proposed
projects to evaluate and/or minimize anticipated impacts. EPA's
assumption regulations establish recommended elements that should be
included in the state/tribe's permit application, so that sufficient
information is available to make a thorough analysis of anticipated
impacts. These minimum information requirements are based on the
information that must be submitted when applying for a section 404
permit from the Corps of Engineers.
EPA is responsible for oversight of assumed programs to ensure that
state/tribal programs are in compliance with applicable requirements
and that state/tribal permit decisions adequately consider and minimize
anticipated impacts. States/tribes must evaluate their programs
annually and submit an annual report to EPA assessing their program.
EPA's assumption regulations establish minimum requirements for the
annual report. 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 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.
Burden Statement: EPA's currently approved ICR includes 101,440
hours. The state/tribe's assumption request is a one-time request; a
permit application is made each time someone desires to do work that
involves the discharge of dredged or fill material into waters of the
United States, including wetlands; and a state/tribe with an approved
program must submit an annual report to EPA each year. This collection
is split into three pieces:
(i) We estimate that a state/tribe will need 520 hours
(approximately \1/4\ of a work year) to prepare the documentation for
EPA to determine that a state/tribe's assumption request is complete.
We estimate that $45,000 (mid-range of a GS-11) is an average state/
tribal employee salary. This results in a one-time cost of $11,250. We
estimate that 2 states or tribes may request program assumption over
the next three years. This results in a total one-time burden of 1,040
hours and a total cost of $22,500.
(ii) We estimate that the average time needed to complete a permit
application is five hours. The actual time to complete a permit
application will vary greatly depending on the size and location of a
planned project. Small projects will require less time; large, complex
projects could require significantly more time. We estimate that the
``average'' assumed program will process 5,000 permits a year. This
results in a burden of 25,000 burden hours per year per assumed
program. This figure will vary with the assumed program. It is likely
that some states/tribes will have significantly fewer permit
applications requested each year; others may have more. It is
impossible to estimate the cost of filing an ``average'' permit
application. The application for small projects can be completed by the
permit applicant with little or no cost incurred. The permit
application for larger, complex projects may require hiring outside
parties such as environmental and engineering firms, surveyors and
lawyers.
(iii) We estimate that a state/tribe will need 80 hours to collect
and analyze the information and prepare the annual report. Using the
$45,000 for an average state/tribal employee salary results in an
approximate cost of $1,800 to prepare the annual report.
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.
Dated: April 16, 1999.
Robert H. Wayland III,
Director, Office of Wetlands, Oceans and Watersheds.
[FR Doc. 99-10524 Filed 4-26-99; 8:45 am]
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