Agency Information Collection Activities: Submission for OMB Review; Comment Request; Clean Water Act Section 404 State-Assumed Programs

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6431-6]

Agency Information Collection Activities: Submission for OMB

Review; 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 the following Information

Collection Request (ICR) has been forwarded to the Office of Management

and Budget (OMB) for review and approval: Clean Water Act Section 404

State-Assumed Programs; OMB No. 2040-0168; EPA ICR No. 0220.08;

expiration date 10/31/99. The ICR describes the nature of the

information collection and its expected burden and cost; where

appropriate, it includes the actual data collection instrument.

DATES: Comments must be submitted on or before October 1, 1999.

FOR FURTHER INFORMATION CONTACT: Sandy Farmer at EPA by phone at (202)

260-2740, by email at [email protected], or download a copy of the

ICR off the Internet at

http://www.epa.gov/icr and refer to EPA ICR No. 0220.08.

SUPPLEMENTARY INFORMATION:

Title: Clean Water Act Section 404 State-Assumed Programs (OMB

Control No. 2040-0168; EPA ICR No. 0220.08) expiring 10/31/99. This is

a request for extension of a currently approved collection.

Abstract: 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. When EPA has a complete assumption

request, the statutory time clock for EPA's decision starts. This

information is made available to 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.

EPA's assumption regulations establish recommended elements that

should be included in a state/tribe's permit application, to ensure a

thorough analysis of anticipated impacts and to comply with the

404(b)(1) Guidelines. These minimum information requirements are based

on the information that must be submitted when applying for a federal

Section 404 permit.

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

Federal Register document required under 5 CFR 1320.8(d), soliciting

comments on this collection of information was published on April 27,

1999 (64 FR 22607); no comments were received.

Burden Statement: This collection of information is separated into

three pieces. The annual public reporting and record keeping burden for

this collection of information is estimated to average 520 hours to

request program assumption, 5 hours to complete a permit application

and 80 hours 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.

Respondents/Affected Entities: States, Tribes, permit applicants.

[[Page 47784]]

Estimated Number of Respondents: 20,005.

Frequency of Response: One time; annually.

Estimated Total Annual Hour Burden: 100,667 hours.

Estimated Total Annualized Cost Burden (non-labor): $0.

Send comments on the Agency's need for this information, the

accuracy of the provided burden estimates, and any suggested methods

for minimizing respondents burden, including through the use of

automated collection techniques to the following addresses. Please

refer to the EPA ICR No. 0220.08 and OMB Control No. 2040-0168 in any

correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, Office of

Policy, Regulatory Information Division (2137), 401 M Street, SW,

Washington, DC 20460

and

Office of Information and Regulatory Affairs, Office of Management

and Budget, Attention: Desk Officer for EPA, 725 17th Street, NW,

Washington, DC 20503

Dated: August 26, 1999.

Joseph Retzer,

Director, Regulatory Information Division.

[FR Doc. 99-22742 Filed 8-31-99; 8:45 am]

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