Agency Information Collection Activities: Proposed Collection; Comment Request; Clean Water Act Section 404 State-Assumed Programs

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; [email protected]

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

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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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