82_FR_30987 82 FR 30861 - Proposed Information Collection Request; Comment Request; Clean Water Act Section 404 State-Assumed Programs; EPA ICR No. 0220.13, OMB Control No. 2040-0168

82 FR 30861 - Proposed Information Collection Request; Comment Request; Clean Water Act Section 404 State-Assumed Programs; EPA ICR No. 0220.13, OMB Control No. 2040-0168

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 126 (July 3, 2017)

Page Range30861-30862
FR Document2017-13905

The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ``Clean Water Act Section 404 State-Assumed Programs'' (EPA ICR No. 0220.13, OMB Control No. 2040-0168) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR No. 0220.12, which is currently approved through November 30, 2017. 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.

Federal Register, Volume 82 Issue 126 (Monday, July 3, 2017) 
[Federal Register Volume 82, Number 126 (Monday, July 3, 2017)]
[Notices]
[Pages 30861-30862]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13905]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2005-0023; FRL-9961-97-OW]


Proposed Information Collection Request; Comment Request; Clean 
Water Act Section 404 State-Assumed Programs; EPA ICR No. 0220.13, OMB 
Control No. 2040-0168

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Clean Water Act 
Section 404 State-Assumed Programs'' (EPA ICR No. 0220.13, OMB Control 
No. 2040-0168) to the Office of Management and Budget (OMB) for review 
and approval in accordance with the Paperwork Reduction Act. Before 
doing so, EPA is soliciting public comments on specific aspects of the 
proposed information collection as described below. This is a proposed 
extension of the ICR No. 0220.12, which is currently approved through 
November 30, 2017. 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.

DATES: Comments must be submitted on or before August 2, 2017.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2005-0023, online using www.regulations.gov (our preferred method), by 
email to [email protected], or by mail to: EPA Docket Center, 
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Kathy Hurld, Wetlands Division, Office 
of Wetlands, Oceans, and Watersheds (4502T), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: 
202-566-1269; fax number: 202-566-1349; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it to: (i) Evaluate whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Agency, including whether the 
information will have practical utility; (ii) evaluate the accuracy of 
the Agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (iii) enhance the quality, utility, and clarity of the 
information to be collected; and (iv) minimize the burden of the 
collection of information on those who are to respond, including 
through the use of appropriate automated electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses. EPA 
will consider the comments received and amend the ICR as appropriate. 
The final ICR package will then be submitted to OMB for review and 
approval. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: Section 404(g) of the Clean Water Act authorizes states 
[and tribes] to assume the section 404 permit program for discharges of 
dredged or fill material into certain Waters of the U.S. This ICR 
covers the collection of information EPA needs to perform its program 
approval and oversight responsibilities and the state/tribe needs to 
implement its program.
    Request to assume CWA section 404 permit program. States/tribes 
must demonstrate that they meet the statutory and regulatory 
requirements (40 CFR 233) for an approvable program. Specified 
information and documents

[[Page 30862]]

must be submitted by the state/tribe to EPA to request assumption and 
must be sufficient to enable EPA to undertake a thorough analysis of 
the state/tribal program. The information contained in the assumption 
request submission is provided to the other involved federal agencies 
(U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, and 
National Marine Fisheries Service) and to the general public for review 
and comment.
    States/tribes with assumed programs must be able to issue permits 
that assure compliance with all applicable statutory and regulatory 
requirements, including the 404(b)(1) Guidelines. Sufficient 
information must be provided in the application so that states/tribes, 
and federal agencies reviewing the permit are able to evaluate, avoid, 
minimize and compensate for any anticipated impacts resulting from the 
proposed project. EPA's assumption regulations establish required and 
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. (40 CFR 233.30). These 
minimum information requirements generally reflect the information that 
must be submitted when applying for a section 404 permit from the U.S. 
Army Corps of Engineers. (CWA section 404(h); CWA section 404(j); 40 
CFR 230.10, 233.20, 233.21, 233.34, and 233.50; 33 CFR 325)).
    EPA has an oversight role for assumed 404 permitting programs to 
ensure that state/tribal programs are in compliance with applicable 
requirements and that state/tribal permit decisions adequately 
consider, avoid, minimize and compensate for anticipated impacts. 
States/tribes must evaluate their programs annually and submit the 
results in a report to EPA. EPA's assumption regulations establish 
minimum requirements for the annual report (40 CFR 233.52).
    The information included in the state/tribe's assumption request 
and the information included in a permit application is made available 
for public review and comment. The information included in the annual 
report to EPA is made available to the public. EPA does not make any 
assurances of confidentiality for this information.
    Form Numbers: None.
    Respondents/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/tribes with assumed 
programs.
    Respondent's obligation to respond: Required to obtain or retain a 
benefit (40 CFR 233).
    Estimated number of respondents: 2 states/tribes to request program 
assumption; 11,900 permit applicants (2,975 applications per state); 
and 4 states/tribes which have assumed the program (the two current 
programs and potentially two who may be approved under this ICR) which 
will submit an annual report.
    Frequency of response: States/tribes will respond one time to 
request assumption and once the program is approved they will respond 
annually for the annual report; permit applicants will respond one time 
when requesting a permit.
    Total estimated burden: The public reporting and recordkeeping 
burden for this collection of information is estimated to be 120,400 
hours per year (520 hours to request program assumption times two 
states/tribes (1,040 hours); 11,900 permit applicants times 10 hours 
per application (119,000 hours); and 90 hours to prepare an annual 
report times 4 state/tribal assumed programs (360 hours)). The burden 
to EPA for related activities is 8,560 hours per year (200 hours to 
review assumption requests times two states/tribes (400 hours); 100 
permit applications times 80 hours per application review (8,000 
hours); and 40 hours to review an annual report times 4 state/tribal 
assumed programs (160 hours)). Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: Costs to states/tribes for assumed section 
404 permit programs will vary widely by state/tribe and permit, however 
there are $0 capital or operation & maintenance costs. The cost to EPA 
for related activities is $420,513.28 in labor costs (per year), 
includes $0 annualized capital or operation & maintenance costs.
    Changes in Estimates: There is an increase of 29,440 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. This increase is an adjustment reflecting an increase 
in hours spent reviewing each permit. Michigan doubled its estimate of 
the number of hours spent reviewing each permit application, based upon 
the increase in number of applicants requesting a review of permit and 
mitigation options. New Jersey's estimate remained the same at 10 hours 
per permit application.

    Dated: April 21, 2017.
John Goodin,
Acting Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. 2017-13905 Filed 6-30-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices 30861 product formula rates for P–SMBP–ED clearance of this notice by the Office of of Wetlands, Oceans, and Watersheds under the Department of Energy (DOE) Management and Budget is required. (4502T), Environmental Protection Organization Act (42 U.S.C. 7152); the Dated: June 27, 2017. Agency, 1200 Pennsylvania Ave. NW., Reclamation Act of 1902 (ch. 1093, 32 Mark A. Gabriel, Washington, DC 20460; telephone: 202– Stat. 388), as amended and Administrator. 566–1269; fax number: 202–566–1349; supplemented by subsequent email address: hurld.kathy@epa.gov. [FR Doc. 2017–13981 Filed 6–30–17; 8:45 am] enactments, particularly section 9(c) of SUPPLEMENTARY INFORMATION: BILLING CODE 6450–01–P the Reclamation Project Act of 1939 (43 Supporting documents which explain in U.S.C. 485h(c)) and section 5 of the detail the information that the EPA will Flood Control Act of 1944 (16 U.S.C. be collecting are available in the public 825s); and other acts specifically ENVIRONMENTAL PROTECTION docket for this ICR. The docket can be applicable to the projects involved. AGENCY viewed online at www.regulations.gov By Delegation Order No. 00–037.00B, [EPA–HQ–OW–2005–0023; FRL–9961–97– or in person at the EPA Docket Center, effective November 19, 2016, the OW] WJC West, Room 3334, 1301 Secretary of Energy delegated: (1) The Constitution Ave. NW., Washington, authority to develop power and Proposed Information Collection DC. The telephone number for the transmission rates to WAPA’s Request; Comment Request; Clean Docket Center is 202–566–1744. For Administrator; (2) the authority to Water Act Section 404 State-Assumed additional information about EPA’s confirm, approve, and place such rates Programs; EPA ICR No. 0220.13, OMB public docket, visit http://www.epa.gov/ into effect on an interim basis to the Control No. 2040–0168 dockets. Deputy Secretary of Energy; and (3) the AGENCY: Environmental Protection Pursuant to section 3506(c)(2)(A) of authority to confirm, approve, and place Agency (EPA). the PRA, EPA is soliciting comments into effect on a final basis, to remand or ACTION: Notice. and information to enable it to: (i) to disapprove such rates to FERC. Evaluate whether the proposed Existing DOE procedures for public SUMMARY: The Environmental Protection collection of information is necessary participation in power rate adjustments Agency (EPA) is planning to submit an for the proper performance of the (10 CFR part 903) were published on information collection request (ICR), functions of the Agency, including September 18, 1985 (50 FR 37835). ‘‘Clean Water Act Section 404 State- whether the information will have Assumed Programs’’ (EPA ICR No. practical utility; (ii) evaluate the Availability of Information 0220.13, OMB Control No. 2040–0168) accuracy of the Agency’s estimate of the All brochures, studies, comments, to the Office of Management and Budget burden of the proposed collection of letters, memorandums, or other (OMB) for review and approval in information, including the validity of documents WAPA initiates or uses to accordance with the Paperwork the methodology and assumptions used; develop the proposed rates will be Reduction Act. Before doing so, EPA is (iii) enhance the quality, utility, and available for inspection and copying at soliciting public comments on specific clarity of the information to be the Upper Great Plains Regional Office, aspects of the proposed information collected; and (iv) minimize the burden located at 2900 4th Avenue North, 6th collection as described below. This is a of the collection of information on those Floor, Billings, Montana. These proposed extension of the ICR No. who are to respond, including through documents and supporting information 0220.12, which is currently approved the use of appropriate automated will be posted on WAPA’s Web site as through November 30, 2017. An Agency electronic, mechanical, or other they become available under the ‘‘2018 may not conduct or sponsor and a technological collection techniques or Firm Rate Adjustment’’ section located person is not required to respond to a other forms of information technology, at https://www.wapa.gov/regions/UGP/ collection of information unless it e.g., permitting electronic submission of rates/Pages/2018-firm-rate- displays a currently valid OMB control responses. EPA will consider the adjustment.aspx. number. comments received and amend the ICR Ratemaking Procedure Requirements DATES: Comments must be submitted on as appropriate. The final ICR package or before August 2, 2017. will then be submitted to OMB for Environmental Compliance ADDRESSES: Submit your comments, review and approval. At that time, EPA In compliance with the National referencing Docket ID No. EPA–HQ– will issue another Federal Register Environmental Policy Act (NEPA) of OW–2005–0023, online using notice to announce the submission of 1969, 42 U.S.C. 4321–4347; the Council www.regulations.gov (our preferred the ICR to OMB and the opportunity to on Environmental Quality Regulations method), by email to ow-docket@ submit additional comments to OMB. for implementing NEPA (40 CFR parts epa.gov, or by mail to: EPA Docket Abstract: Section 404(g) of the Clean 1500–1508); and DOE NEPA Center, Environmental Protection Water Act authorizes states [and tribes] Implementing Procedures and Agency, Mail Code 28221T, 1200 to assume the section 404 permit Guidelines (10 CFR part 1021), WAPA Pennsylvania Ave. NW., Washington, program for discharges of dredged or fill is in the process of determining whether DC 20460. material into certain Waters of the U.S. an environmental assessment or an EPA’s policy is that all comments This ICR covers the collection of environmental impact statement should received will be included in the public information EPA needs to perform its be prepared or if this action can be docket without change including any program approval and oversight personal information provided, unless responsibilities and the state/tribe needs sradovich on DSK3GMQ082PROD with NOTICES categorically excluded from those requirements. the comment includes profanity, threats, to implement its program. information claimed to be Confidential Request to assume CWA section 404 Determination Under Executive Order Business Information (CBI) or other permit program. States/tribes must 12866 information whose disclosure is demonstrate that they meet the statutory WAPA has an exemption from restricted by statute. and regulatory requirements (40 CFR centralized regulatory review under FOR FURTHER INFORMATION CONTACT: 233) for an approvable program. Executive Order 12866; accordingly, no Kathy Hurld, Wetlands Division, Office Specified information and documents VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\03JYN1.SGM 03JYN1

30862 Federal Register / Vol. 82, No. 126 / Monday, July 3, 2017 / Notices must be submitted by the state/tribe to Respondent’s obligation to respond: Dated: April 21, 2017. EPA to request assumption and must be Required to obtain or retain a benefit (40 John Goodin, sufficient to enable EPA to undertake a CFR 233). Acting Director, Office of Wetlands, Oceans, thorough analysis of the state/tribal Estimated number of respondents: 2 and Watersheds. program. The information contained in [FR Doc. 2017–13905 Filed 6–30–17; 8:45 am] states/tribes to request program the assumption request submission is BILLING CODE 6560–50–P assumption; 11,900 permit applicants provided to the other involved federal agencies (U.S. Army Corps of Engineers, (2,975 applications per state); and 4 U.S. Fish and Wildlife Service, and states/tribes which have assumed the ENVIRONMENTAL PROTECTION National Marine Fisheries Service) and program (the two current programs and AGENCY to the general public for review and potentially two who may be approved under this ICR) which will submit an [EPA- HQ–OAR–2007–0482; FRL 9959–80– comment. annual report. OAR] States/tribes with assumed programs must be able to issue permits that assure Frequency of response: States/tribes EPA Information Collection Request compliance with all applicable statutory will respond one time to request Number 2265.03; Proposed Information and regulatory requirements, including assumption and once the program is Collection Request; Comment the 404(b)(1) Guidelines. Sufficient approved they will respond annually for Request; Information Collection information must be provided in the the annual report; permit applicants Activities Associated With the application so that states/tribes, and SmartWay Transport Partnership will respond one time when requesting federal agencies reviewing the permit a permit. are able to evaluate, avoid, minimize AGENCY: Environmental Protection and compensate for any anticipated Total estimated burden: The public Agency (EPA). impacts resulting from the proposed reporting and recordkeeping burden for ACTION: Notice. project. EPA’s assumption regulations this collection of information is establish required and recommended estimated to be 120,400 hours per year SUMMARY: The Environmental Protection elements that should be included in the (520 hours to request program Agency is planning to submit an state/tribe’s permit application, so that assumption times two states/tribes information collection request (ICR), sufficient information is available to (1,040 hours); 11,900 permit applicants ‘‘Information Collection Activities make a thorough analysis of anticipated times 10 hours per application (119,000 Associated with the SmartWay impacts. (40 CFR 233.30). These hours); and 90 hours to prepare an Transport Partnership’’ (EPA ICR No. minimum information requirements annual report times 4 state/tribal 2265.03, OMB Control No. 2060–0663) generally reflect the information that assumed programs (360 hours)). The to the Office of Management and Budget must be submitted when applying for a burden to EPA for related activities is (OMB) for review and approval in section 404 permit from the U.S. Army accordance with the Paperwork 8,560 hours per year (200 hours to Corps of Engineers. (CWA section Reduction Act. Before doing so, EPA is review assumption requests times two 404(h); CWA section 404(j); 40 CFR soliciting public comments on specific 230.10, 233.20, 233.21, 233.34, and states/tribes (400 hours); 100 permit aspects of the proposed information 233.50; 33 CFR 325)). applications times 80 hours per collection as described below. This is a EPA has an oversight role for assumed application review (8,000 hours); and 40 proposed extension of the ICR, which is 404 permitting programs to ensure that hours to review an annual report times currently approved through July 31, state/tribal programs are in compliance 4 state/tribal assumed programs (160 2017. An Agency may not conduct or with applicable requirements and that hours)). Burden is defined at 5 CFR sponsor and a person is not required to state/tribal permit decisions adequately 1320.3(b). respond to a collection of information consider, avoid, minimize and Total estimated cost: Costs to states/ unless it displays a currently valid OMB compensate for anticipated impacts. tribes for assumed section 404 permit control number. States/tribes must evaluate their programs will vary widely by state/tribe DATES: Comments must be submitted on programs annually and submit the and permit, however there are $0 capital or before September 1, 2017. results in a report to EPA. EPA’s or operation & maintenance costs. The ADDRESSES: Submit your comments, assumption regulations establish cost to EPA for related activities is referencing Docket ID No. EPA–HQ– minimum requirements for the annual $420,513.28 in labor costs (per year), OAR–2007–0482 online using report (40 CFR 233.52). The information included in the state/ includes $0 annualized capital or www.regulations.gov (our preferred tribe’s assumption request and the operation & maintenance costs. method), by email to smartway_ information included in a permit Changes in Estimates: There is an transport@epa.gov, or by mail to: EPA application is made available for public increase of 29,440 hours in the total Docket Center, Environmental review and comment. The information estimated respondent burden compared Protection Agency, Mail Code 28221T, included in the annual report to EPA is 1200 Pennsylvania Ave. NW., with the ICR currently approved by made available to the public. EPA does Washington, DC 20460. OMB. This increase is an adjustment not make any assurances of EPA’s policy is that all comments reflecting an increase in hours spent received will be included in the public confidentiality for this information. reviewing each permit. Michigan Form Numbers: None. docket without change including any doubled its estimate of the number of personal information provided, unless Respondents/affected entities: Entities sradovich on DSK3GMQ082PROD with NOTICES hours spent reviewing each permit the comment includes profanity, threats, potentially affected by this action are application, based upon the increase in information claimed to be Confidential those states/tribes requesting assumption of the Clean Water Act number of applicants requesting a Business Information (CBI) or other section 404 permit program; states/ review of permit and mitigation options. information whose disclosure is tribes with approved assumed programs; New Jersey’s estimate remained the restricted by statute. and permit applicants in states/tribes same at 10 hours per permit application. FOR FURTHER INFORMATION CONTACT: with assumed programs. Kathleen Martz, U.S. Environmental VerDate Sep<11>2014 17:53 Jun 30, 2017 Jkt 241001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\03JYN1.SGM 03JYN1


Document Created: 2018-11-14 10:20:13
Document Modified: 2018-11-14 10:20:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesComments must be submitted on or before August 2, 2017.
ContactKathy Hurld, Wetlands Division, Office of Wetlands, Oceans, and Watersheds (4502T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone:
FR Citation82 FR 30861 
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