**INFORMATION COLLECTION REQUEST:**

**APPLICATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
DISCHARGE PERMITS AND THE SEWAGE SLUDGE MANAGEMENT PERMITS**

June 2006

*Prepared for*

U.S. Environmental Protection Agency

Office of Wastewater Management

1200 Pennsylvania Avenue, N.W.

Washington, DC 20460

EPA Contract Number EP-C-05-046

EPA Work Assignment Number 0-24

**TABLE OF CONTENTS**

[**1.** **IDENTIFICATION OF THE INFORMATION COLLECTION**
1](#identification-of-the-information-collection)

[*1(a).* *TITLE OF THE INFORMATION COLLECTION*
1](#a.-title-of-the-information-collection)

[*1(b).* *SHORT CHARACTERIZATION/ABSTRACT*
1](#b.-short-characterizationabstract)

[**2.** **NEED FOR AND USE OF THE COLLECTION**
3](#need-for-and-use-of-the-collection)

[*2(a).* *NEED/AUTHORITY FOR THE COLLECTION*
3](#a.-needauthority-for-the-collection)

[*2(b).* *PRACTICAL UTILITY/USERS OF THE DATA*
5](#b.-practical-utilityusers-of-the-data)

[**3.** **NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA**
7](#nonduplication-consultations-and-other-collection-criteria)

[*3(a).* *NONDUPLICATION* 7](#a.-nonduplication)

[*3(b).* *PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB*
8](#b.-public-notice-required-prior-to-icr-submission-to-omb)

[*3(c).* *CONSULTATIONS* 8](#c.-consultations)

[*3(d).* *EFFECTS OF LESS FREQUENT COLLECTION*
8](#d.-effects-of-less-frequent-collection)

[*3(e).* *GENERAL GUIDELINES* 9](#e.-general-guidelines)

[*3(f).* *CONFIDENTIALITY* 9](#f.-confidentiality)

[*3(g).* *SENSITIVE QUESTIONS* 9](#g.-sensitive-questions)

[**4.** **THE RESPONDENTS AND THE INFORMATION REQUESTED**
9](#the-respondents-and-the-information-requested)

[*4(a).* *RESPONDENTS/STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODES*
9](#a.-respondentsstandard-industrial-classification-sic-codes)

[*4(b).* *INFORMATION REQUESTED* 9](#b.-information-requested)

[*4(c).* *RESPONDENT ACTIVITIES* 19](#c.-respondent-activities)

[**5.** **THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT**
20](#the-information-collected-agency-activities-collection-methodology-and-information-management)

[*5(a).* *AGENCY ACTIVITIES* 20](#a.-agency-activities)

[*5(b).* *COLLECTION METHODOLOGY AND MANAGEMENT*
21](#b.-collection-methodology-and-management)

[*5(c).* *SMALL ENTITY FLEXIBILITY* 21](#c.-small-entity-flexibility)

[*5(d).* *COLLECTION SCHEDULE* 22](#d.-collection-schedule)

[**6.** **ESTIMATING THE BURDEN AND COST OF THE COLLECTION**
23](#estimating-the-burden-and-cost-of-the-collection)

[*6(a).* *ESTIMATING RESPONDENT BURDEN*
23](#a.-estimating-respondent-burden)

[6(a)(i). Estimating Applicant Respondent Burden
23](#ai.-estimating-applicant-respondent-burden)

[6(a)(ii). Estimating State Respondent Burden
38](#aii.-estimating-state-respondent-burden)

[6(a)(iii). Total Respondent Burden 40](#aiii.-total-respondent-burden)

[*6(b).* *ESTIMATING RESPONDENT COST*
40](#b.-estimating-respondent-cost)

[6(b)(i). Estimating Applicant Respondent Cost
40](#bi.-estimating-applicant-respondent-cost)

[6(b)(ii). Estimating State Respondent Costs
43](#bii.-estimating-state-respondent-costs)

[6(b)(iii). Total Respondent Costs 44](#biii.-total-respondent-costs)

[*6(c).* *ESTIMATING AGENCY BURDEN AND COST*
44](#c.-estimating-agency-burden-and-cost)

[*6(d).* *TOTAL BURDEN HOURS AND COSTS, MASTER TABLES*
47](#d.-total-burden-hours-and-costs-master-tables)

[*6(e).* *REASONS FOR CHANGE IN BURDEN*
48](#e.-reasons-for-change-in-burden)

[6(f). BURDEN STATEMENT 50](#f.-burden-statement)

**LIST OF TABLES**

[**Table 1. Application Forms and Information Requests**
11](#__RefHeading___Toc137696027)

[**Table 2. Number of Applicants and Information Respondents**
24](#__RefHeading___Toc137696028)

[**Table 3. Applicant Recordkeeping Burden**
25](#__RefHeading___Toc137696029)

[**Table 4. Form 2A - Burden per Applicant Respondent by Section\***
27](#__RefHeading___Toc137696030)

[**Table 5. Form 2A Applicant Respondent Burden**
27](#__RefHeading___Toc137696031)

[**Table 6. Annual Municipal Applicant Respondents For Section 308
Requests** 28](#__RefHeading___Toc137696032)

[**Table 7. Total Annual Applicant Burden to Municipal Facilities For
Section 308 Requests** 28](#__RefHeading___Toc137696033)

[**Table 8. Form 2D Applicant Burden** 30](#__RefHeading___Toc137696034)

[**Table 9. Annual Non-municipal Applicant Respondents for Section 308
Requests** 30](#__RefHeading___Toc137696035)

[**Table 10. Total Annual Applicant Burden to Non-Municipal Facilities
for Section 308 Requests** 31](#__RefHeading___Toc137696036)

[**Table 11. Form 2E Applicant Respondent Burden**
31](#__RefHeading___Toc137696037)

[**Table 12. Form 2F Applicant Respondent Burden**
32](#__RefHeading___Toc137696038)

[**Table 13. Form 2S Applicant Burden per Respondent by Section
(Hours)** 32](#__RefHeading___Toc137696039)

[**Table 14. Burden for SWPPP** 33](#__RefHeading___Toc137696040)

[**Table 15. Applicant Respondent Burden for Applications for Municipal
Separate Storm Sewer Systems** 34](#__RefHeading___Toc137696041)

[**Table 16. Annual Applicant Respondent Burden**
37](#__RefHeading___Toc137696042)

[**Table 17. Annual State Respondent Burden**
38](#__RefHeading___Toc137696043)

[**Table 18. Estimate of Form 2A Facilities That Currently Do Not Test**
40](#__RefHeading___Toc137696044)

[**Table 19. Estimate of Form 2S Facilities That Currently Do Not Test**
40](#__RefHeading___Toc137696045)

[**Table 20. Testing/Contractor Costs (O&M Costs)**
41](#__RefHeading___Toc137696046)

[**Table 21. Applicant Respondent Costs**
41](#__RefHeading___Toc137696047)

[**Table 22. Annual State Respondent Costs**
43](#__RefHeading___Toc137696048)

[**Table 23. Annual Agency Burden** 45](#__RefHeading___Toc137696049)

[**Table 24. Annual Agency Costs** 46](#__RefHeading___Toc137696050)

[**Table 25. Total Annual Burden for Respondents and Agency**
47](#__RefHeading___Toc137696051)

[**Table 26. Total Annual Burden for Respondents and Agency, Including
Transfers** 48](#__RefHeading___Toc137696052)

[**Table 27. Change in Applicant Respondent Burden**
48](#__RefHeading___Toc137696053)

[Table 28. Change in State Respondent Burden
49](#__RefHeading___Toc137696054)

# 1. IDENTIFICATION OF THE INFORMATION COLLECTION

## 1(a). TITLE OF THE INFORMATION COLLECTION

Title: Applications for the National Pollutant Discharge Elimination
System (NPDES) Discharge Permits and the Sewage Sludge Management
Permits

EPA ICR No: 0226.18

OMB Control No: 2040-0086

## 1(b). SHORT CHARACTERIZATION/ABSTRACT

This Information Collection Request (ICR) renews Office of Management
and Budget (OMB) No. 2040-0086 (Applications for the National Pollutant
Discharge Elimination System \[NPDES\] Discharge Permits and the Sewage
Sludge Management Permits).

This Information Collection Request (ICR) calculates the burden and
costs associated with permit applications for National Pollutant
Discharge Elimination System (NPDES) discharges and sewage sludge
management activities. It is an update of the 2003 Information
Collection Request for Applications for the National Pollutant Discharge
Elimination System Discharge Permit and the Sewage Sludge Management
Permit (OMB Control No. 2040-0086, ICR No. 0226.17, supporting statement
dated March 2003).

The Clean Water Act (CWA) authorizes the Environmental Protection Agency
(EPA) to issue permits for the discharge of pollutants to waters of the
United States. The Act also authorizes EPA to issue permits for the use
and disposal of sewage sludge. EPA regulates point source discharges of
pollutants to waters of the United States under its NPDES program. Such
discharges include domestic wastewater, industrial wastewater, and
stormwater. The Agency regulates sewage sludge use and disposal
activities under its Sewage Sludge Management program. EPA issues
permits as a regulatory control mechanism for both types of activities.

CWA Section 402(b) allows states (defined to include Indian Tribes and
U.S. territories) to acquire authority for the NPDES and Sewage Sludge
Management programs. This authority enables them to issue and administer
NPDES permits. At present, 45 states and the Virgin Islands have NPDES
permit program authority. Seven states (Arizona, Ohio, Oklahoma, South
Dakota, Texas, Utah and Wisconsin) have approved Sewage Sludge
Management programs. No Indian Tribes have NPDES Authority as yet. In
states that do not have authority for these programs, EPA issues and
administers NPDES permits. Because some permit applications are
processed by states and some by EPA, this ICR calculates government
burden and costs for both states and EPA.

-   For most NPDES permits, EPA has developed standard application
    forms. In some cases, such as requests for additional information
    and stormwater applications from municipal separate sewer systems,
    standard forms do not exist either because EPA is currently
    developing them or because standard forms are not appropriate for
    the information collected. For those application forms that have
    been developed, each form requests information necessary for issuing
    permits to the respective applicants. Applicants include publicly
    owned treatment works (POTWs), privately owned treatment works, new
    and existing industrial manufacturing and commercial dischargers,
    stormwater dischargers, treatment works treating domestic sewage
    (TWTDS), and others.

Depending on the application form they are using, applicants may be
required to supply information about their facilities, discharges,
treatment systems, sewage sludge use and disposal practices, pollutant
sampling data, or other relevant information. In addition, Section 308
of the CWA requires EPA to request from dischargers any information that
may be reasonably required to carry out the objectives and provisions of
the Act. Under this authority, EPA sometimes requests information
supplemental to that contained in permit applications. This ICR includes
burden and cost calculations for requests for information supplemental
to permit applications.

In addition to Section 308, other parts of the CWA and federal
regulations authorize EPA to collect information that supplements permit
applications. For instance, CWA Section 403(c) requires that facilities
discharging into the oceans provide more information than other NPDES
permit applicants. This ICR calculates the burden and costs for all
information collection activities associated with permit applications
specific to individual permits and Notices of Intent (NOIs) for general
permits. Specifically, this ICR addresses the following:

-   Applications for individual permits to cover discharges from:

    -   municipal facilities (including POTWs, Privately owned treatment
        works, large and medium MS4s

    -   non-municipal NPDES individual permits

    -   Aquatic animal production facilities

    -   Sludge Only facilities (municipal and non-municipal)

    -   industrial Stormwater

-   NOIs and Storm water pollution prevention plans (SWPPP) for
    industrial stormwater discharges to be covered by the Multi-sector
    General Permit (MSGP)

-   NOIs for municipal, non-municipal, and sewage sludge management
    facilities applying for general permit coverage other than the MSGP)

-   Supplemental information required by Builders and operators of
    transportation and utility projects on Alaskan public lands

-   Petitions for Individual Permit: MS4 operators or any person

-   Notice of Termination (NOT) requirements for large construction
    activities.

-   Information required for Ocean dischargers

-   Permit consolidation requests

-   Notifications of construction prior to wastewater permit issuance

This ICR does not address:

-   NOIs for stormwater discharges associated with large construction
    activity. These are covered by OMB Control No. 2040-0188

-   NOIs and waivers for stormwater discharges covered by the Phase II
    Stormwater Regulations (construction sites with activities
    disturbing equal to or greater than one acre and less than five
    acres of land, MS4s located in Bureau of the Census-designated
    \"urbanized areas\" that are not previously regulated as a medium or
    large MS4, and industrial and construction stormwater waivers).
    These are covered by OMB Control No. 2040-0211

-   Applications for individual permits to cover discharges from
    concentrated animal feed operations (CAFOs). These are covered by
    OMB Control No. 2040-0258.

EPA uses the data contained in applications and supplemental information
requests to set appropriate permit conditions, issue permits, and assess
permit compliance. EPA maintains national application information in
databases, which assist permit writers in determining permit conditions.

The calculations performed for this ICR cover the burden and costs for
the Agency (EPA), NPDES‑authorized state, and owner/operators of
regulated facilities. This ICR estimates a burden of 1,278,241 hours
annually for 249,448 owner/operators respondents at a cost of
\$45,662,808. Burden for the state respondents is 80,012 hours annually
at a cost of \$2,924,420. Agency burden is 9,817 hours annually at a
cost of \$351,355.

# 2. NEED FOR AND USE OF THE COLLECTION

## 2(a). NEED/AUTHORITY FOR THE COLLECTION

The purpose of the CWA is \"to restore and maintain the chemical,
physical and biological integrity of the nation\'s waters\" (Section
101(a)). CWA Section 402(a) establishes the NPDES program to regulate
the discharge of any pollutant from point sources[^1] into waters of the
United States. Point source dischargers include POTWs, privately owned
treatment works, industrial manufacturing facilities, concentrated
animal feeding operations, aquatic animal production facilities, mining
operations, and other types of facilities or industries. Section 402(a)
of the CWA, as amended, authorizes the EPA Administrator to issue
permits for the discharge of pollutants if those discharges meet the
following requirements:

-   all applicable requirements of CWA sections 301, 302, 306, 307, 308,
    and 403; and

-   any conditions the Administrator determines are necessary to carry
    out the provisions and objectives of the CWA.

The CWA also establishes an administrative framework for the NPDES
permitting program. Section 402(b) authorizes Astates@ (which include
U.S. territories and Indian Tribes that have been approved in the same
manner as a state) to administer the NPDES program once the Agency has
approved the states' programs and is assured that they meet minimum
federal requirements. At present, 45 states and one territory (U.S.
Virgin Islands) (referred to as Aapproved states@) have received
approval from EPA to administer the NPDES program. Approved states are
considered permitting authorities and are responsible for issuing,
administering, and enforcing permits for most point source discharges
within their borders. In states without NPDES program approval, EPA is
the permitting authority and undertakes all permitting activities.

Section 405 of the Act requires EPA to regulate the use and disposal of
sewage sludge produced by POTWs and other TWTDS. In 1987, Congress
passed the Water Quality Act (WQA), which amended the CWA sludge
requirements. The WQA directed EPA to develop technical standards for
sewage sludge use and disposal. Section 405(a) authorizes the
Administrator to issue permits for the use and disposal of sewage
sludge. Regulations governing permit requirements for NPDES discharges
and sewage sludge management activities are contained in 40 CFR Parts
122 and 501 and 503, respectively. EPA has developed its NPDES discharge
and sewage sludge application requirements to ensure that it obtains
adequate information about permittees before it issues permits. At
present, 7 states (Arizona, Ohio, Oklahoma, Utah, Texas, South Dakota,
and Wisconsin) have approved sewage sludge management programs.

CWA Section 402(p) empowers the Administrator to issues permits for
stormwater discharges. Under the NPDES program for wastewater
discharges, most POTW and industrial direct sources are issued
individual NPDES permits, following the opportunity for public comment.
In the NPDES program for stormwater and in a growing number of
situations including a class or category of similarly situated
applicants---coverage of wastewater/stormwater dischargers may be sought
under a NPDES general permit. These applicants usually complete a NOI to
be covered and submit their information as directed under the provisions
of the general permit.

Section 308 of the Clean Water Act authorizes the Administrator to
require the owner or operator of any point source to maintain records,
submit reports, conduct monitoring and/or sampling, and provide any
other information reasonably necessary to carry out the objectives of
the Act. Under this authority, the Agency occasionally requests
information that supplements information it obtains from permit
applications; this is called a Section 308 Request, or a request for
supplemental information.

The information collection and reporting activities covered in this ICR
can be divided into two categories:

-   **Information routinely submitted when facilities apply for new or
    reissued permits or submit an NOI.** Applicants typically provide
    this information on application forms consistent with EPA
    regulations. For some activities, however, such as the application
    for an MS4 permit, EPA does not have standard forms.

-   **Information that supplements applications/NOIs.** In some cases,
    applicants must submit additional information or develop materials,
    e.g., a SWPPP for an NOI for stormwater discharges associated with
    industrial activity (NOI-Stormwater).

EPA and permitting authorities need the information routinely collected
in the NPDES and sewage sludge application process for the following
reasons:

-   to identify the facilities that require permits (i.e., those that
    are operating and discharging into the waters of the United States
    or using and disposing of sewage sludge);

-   to identify new pollutants in existing discharges;

-   to issue NPDES and sewage sludge permits with appropriate
    limitations and conditions that will protect human health and the
    environment;

-   to update information in EPA\'s databases which permitting
    authorities use to determine permit conditions;

-   to calculate national permit issuance, backlog, and compliance
    statistics;

-   to evaluate national water quality;

-   to assist EPA in program management and other activities that ensure
    national consistency in permitting;

-   to assist EPA in prioritizing permit issuance activities;

-   to assist EPA in policy development and budgeting; and

-   to assist EPA in responding to Congressional and public inquiries.

EPA and permitting authorities need supplemental information for the
following reasons:

-   to issue or modify permits;

-   to assess compliance with permit requirements;

-   to develop effluent limitations or prohibitions;

-   to develop pretreatment standards or standards of performance;

-   to determine violations;

-   to issue NPDES permits with appropriate permit conditions in special
    circumstances (such as discharges into the oceans); and

-   to identify measures to control the discharge of pollutants or
    combinations of pollutants to waters of the United States under the
    stormwater program (such as for the Multi-Sector General Permit
    (MSGP)).

The collection of information by permittees may also be useful for the
permittees/applicants, e.g., to identify potential pollutant discharges
and commence implementation of the SWPPP control measures.

## 2(b). PRACTICAL UTILITY/USERS OF THE DATA

This ICR includes both information that must be submitted to permitting
authorities and that which must be collected and maintained on-site by
the permittee. Although different applicants submit widely differing
information, information can be categorized into two sets:
identification information and information related to the facility\'s
discharges or practices. Permitting authorities use specific information
in the ways discussed below.

**Identification Information**

Permitting authorities use information such as the name, location, and
description of facilities to identify facilities that apply for NPDES
permits or are requesting coverage under a general permit. EPA and
authorized NPDES states store basic permit information in EPA's Permit
Compliance System (PCS) and the new ICIS-NPDES database. PCS and ICIS
are used to track permit limits, permit expiration dates, monitoring
data, enforcement and compliance data, and other data, and provide EPA
with a nationwide inventory of permit holders. EPA and most states store
basic NOI information submitted for coverage under an NPDES general
permit in databases that provide an inventory of stormwater and other
general permit holders. ICIS will be used for this, except that
construction NOIs will not be required.

EPA Headquarters uses the information contained in PCS, ICIC-NPDES and
the NOI databases to develop reports on characteristics of permittees
and permits, permit issuance, backlog, and compliance rates. The Agency
also uses the information to respond to public and Congressional
inquiries, develop and guide its policies, formulate its budgets, assist
states in acquiring authority for permitting programs, and manage the
NPDES program and sewage sludge use and disposal program to ensure
national consistency in permitting.

**Information Related to Discharges, Uses and Practices**

In the applications and requests for supplemental information,
permitting authorities gather information about industrial processes,
treatment systems, pollutant characteristics, discharge rates and
volumes, sewage sludge use and disposal practices, sewage sludge
quality, and other data such as pollution prevention practices. The
information is used to formulate effluent limitations, compliance
schedules, and other routine and special conditions in permits.
Discharge data are also entered into EPA's [Sto]{.underline}rage and
[Ret]{.underline}rieval (STORET) database for ambient water quality
data. EPA may use these data to re-evaluate testing requirements, or to
develop or revise effluent standards on a national basis. EPA may also
use NOI and SWPPP data as part of a compliance evaluation to ensure that
the permittee adheres to conditions as stated in these documents.

NPDES permits may not exceed a duration of five years. The
re-application process is the primary mechanism for obtaining up-to-date
information on discharges and sewage sludge quality, particularly new
pollutant information. Although existing permittees provide pollutant
data from self-monitoring activities in routine reports, these reports
are usually limited to pollutants listed in existing permits. Permitting
authorities use re-application data to identify new pollutants or other
information that could lead the permit writers to take the following
actions:

-   specify additional permit limitations;

-   assess compliance with applicable effluent and sewage sludge
    guidelines; and

-   place appropriate special conditions in permits.

Permittees use discharge or sewage sludge quality data to perform
routine operations at their facilities. Regardless of federal regulatory
requirements, many permittees collect discharge and sewage sludge data
as part of their normal operations. In addition, they may need to
collect this information to comply with state-specific program
requirements or to administer pretreatment programs.[^2]

# 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA

## 3(a). NONDUPLICATION

EPA has examined all other reporting requirements contained in the Clean
Water Act and 40 CFR Parts 122, 123, 124, 125, 403, 501, and 503. The
Agency also has consulted the following sources of information to
determine if similar or duplicate information is available elsewhere:

-   the EPA Information Systems Inventory;

-   the EPA Inventory of Information Collection Requests; and

-   the Federal Information Locator System.

Examination of these databases revealed no duplicate requirements. EPA
has concluded that it has no other way to obtain the information
addressed in this ICR.

Except for Form 1, all of the reporting requirements in the permit
application forms involve original data that facilities are not
required, through other regulations, to submit to EPA or other federal
agencies. Much of Form 1 pertains to basic information regarding the
facility for identification purposes. In cases where similar or
equivalent information has already been collected or prepared by the
applicant, the Agency provided that such information can be
re-submitted, i.e., applicants may photocopy and submit existing
information in lieu of new, equivalent information. For example:

-   Form 2A requires that certain POTWs list the results of the whole
    effluent toxicity tests in Section D. However, respondents may
    submit laboratory test results reports in lieu of completing Section
    D, as long as the reports contain certain information.

-   The individual industrial stormwater application form (Form 2F)
    requests information on significant spills. EPA has already
    collected this information from some dischargers under a previous
    request for supplemental information authorized by OMB (Control No.
    2040-0110). EPA will use the existing information when it is
    available; in other words, the Agency will only require this
    information from those applicants who have not submitted this
    information before, unless more detailed information is necessary.
    Therefore, there is no duplication associated with spill information
    collection.

## 3(b). PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB

In compliance with the 1995 Paperwork Reduction Act (PRA), any agency
developing a non-rule-related ICR must solicit public comments prior to
submitting the ICR to OMB. These comments, which are used partly to
determine realistic burden estimates for respondents, must be considered
when completing the Supporting Statement that is submitted to OMB.

This ICR was published in the *Federal* Register on March 7, 2006. The
notice included a request for comments on the content and impact of
these information collection requirements on the regulated community.
EPA received one set of comments on this ICR, specifically, from the
Federal Stormwater Association (FSWA). In general, FSWA comments that:

-   EPA has created additional reporting and compliance liabilities by
    allowing the existing Multi-Sector General Permit (MSGP) to expire
    too quickly after a new MSGP is issued. EPA should allow a lengthier
    period (e.g., one year) between the date the new MSGP is promulgated
    and the date that the existing MSGP expires to minimize unreasonable
    application process burdens during the transition.

-   EPA should not require separate permits and permit applications for
    interrelated stormwater compliance activities.

    EPA's response to FSWA's comments are summarized in Attachment A of
    this supporting statement. The issues raised by the commenter are
    site-specific issues and outside the scope of this ICR which
    calculates national burdens and costs for application requirements
    and supplemental information under the NPDES program. These issues
    are more appropriately addressed by permitting authorities on a
    case-by-case basis.

## 3(c). CONSULTATIONS

EPA finalized all regulations containing the application requirements
addressed in this ICR after receiving comments from the public and the
regulated community. EPA Headquarters staff responsible for program
oversight in the applicable program areas were contacted to provide
revised information and data for this ICR.

The current ICR (EPA ICR No. 0226.17) was published in the Federal
Register on April 24, 2003. EPA received no comments on the ICR.

## 3(d). EFFECTS OF LESS FREQUENT COLLECTION 

Permitted facilities must reapply for NPDES and sewage sludge management
permits before their existing permits expire, generally once every five
years. The CWA prohibits NPDES permits from having terms longer than
five years. Less frequent permit applications would not provide the
permitting authority with sufficiently current data to establish
effective limitations or conditions when reissuing permits. Less
frequent permit issuance would also hinder the ability of EPA and the
regulated community to take advantage of technological improvements as
they occur. Permits must contain conditions that reflect, for example,
the following criteria:

-   new industrial processes and waste treatment technologies;

-   new kinds of discharges (such as toxic chemicals);

-   new detection methods; and

-   changes in the quality of receiving waters.

## 3(e). GENERAL GUIDELINES

This information collection complies with Paperwork Reduction Act
guidelines (5 CFR \' 1320.5(d)(2)). Requests for supplemental
information for the purposes of emergency response or enforcement
activities are exempt from the Paperwork Reduction Act requirements.

## 3(f). CONFIDENTIALITY

Permit applications may contain confidential business information. If
this is the case, the respondent may request that such information be
treated as confidential. All confidential data will be handled in
accordance with 40 CFR Section 122.7, 40 CFR Part 2. However, CWA
Section 308(b) specifically states that effluent data may not be treated
as confidential.

## 3(g). SENSITIVE QUESTIONS

Reporting requirements addressed in this ICR do not include sensitive
questions.

# 4. THE RESPONDENTS AND THE INFORMATION REQUESTED

## 4(a). RESPONDENTS/STANDARD INDUSTRIAL CLASSIFICATION (SIC) CODES

NPDES permits are required for discharges of wastewater or stormwater to
waters of the United States, regardless of a discharger\'s industrial
sector. A relatively large portion of permitted facilities, including
municipal dischargers, are classified in the sanitary service (SIC 495)
industrial sector. Other permittees include, but are not limited to,
those industries classified in the electric services (SIC 491),
bituminous coal (SIC 121), industrial organic (SIC 286), petroleum
refining (SIC 291), and gold ores (SIC 104) industrial sectors.
Facilities subject to Form 2S reporting requirements, i.e., POTW and
privately owned treatment works, fall under the sanitary service (SIC
495) category.

## 4(b). INFORMATION REQUESTED

Federal regulations at \'122.21 detail application requirements for
NPDES permits. EPA has developed standard application forms for most
applicants, references to which are specified in \'122.21(a)(2). This
ICR addresses specific application requirements detailed in the
following sections:

-   \'122.21(b) - Who applies?

-   \'122.21(c) - Time to apply

-   \'122.21(d) - Duty to reapply

-   \'122.21(e) - Completeness

-   \'122.21(f) - Information requirements

-   \'122.21(g) - Application requirements for existing manufacturing,
    commercial, mining, and silvicultural dischargers

-   \'122.21(h) - Application requirements for manufacturing,
    commercial, mining, and silvicultural facilities which discharge
    only non-process wastewater

-   \'122.21(i) - Application requirements for new and existing aquatic
    animal production facilities

-   \'122.21(j) - Application requirements for new and existing POTWs

-   \'122.21(k) - Application requirements for new sources and new
    discharges

-   \'122.21(l) - Special provisions for applications from new sources

-   \'122.21(p) - Recordkeeping

-   \'122.21(q) - Sewage sludge management

Standardized application forms covered under this ICR include: Forms 1,
2A, 2B, 2C, 2D, 2E, 2F, and 2S; Notice of Intent (NOI) for NPDES General
Permits; Uniform Federal Transportation/Utility System Application Form;
and the stormwater Notice of Termination (NOT). This ICR does not
address permit application requirements for stormwater discharges
associated with large construction activities, stormwater discharges
covered by the Phase II Stormwater Regulations, cooling water intake
structures, or concentrated animal feeding operations (CAFO). Those
activities are addressed in separate ICRs, OMB Control Nos. 2040-0188,
2040-0211, 2040-0241, 2040-0257, 2040-0268, and 2040-0258. This ICR does
include application requirements for medium and large municipal separate
storm sewer systems (MS4s), requirements for industrial stormwater
dischargers, and Notice of Termination (NOT) requirements for large
construction activities. This section summarizes the information
requested by the forms included under this ICR (OMB Control No.
2040-0086).

For some permits, EPA has not developed standard application forms.
Whether or not standard forms exist, this ICR calculates the burden to
respondents for supplying the information. No forms exist for the
following information collection activities:

-   requests for additional information (Section 308 Requests);

-   applications for MS4 permits from either large or medium
    municipalities;[^3]

-   petitions for individual stormwater permits;

-   permit consolidation requests;

-   notification of construction prior to wastewater permit issuance;
    and

-   requests for ocean discharge information.

Permit requirements for particular facilities vary according to the
following factors:

-   the type of facility;

-   the manufacturing process it uses;

-   the waste treatment it provides;

-   the pollutants it discharges;

-   the pollutants contained in its sludge; and

-   the quality of the waters receiving the discharge.

Applications request information that permit writers need to issue
permits to particular types of permittees. A facility that employs
complex industrial processes and discharges several toxic pollutants,
for example, must provide more information to the permitting authority
than a facility that discharges non-contact cooling waters or
stormwater. Similarly, a facility that discharges into waters considered
impaired may have to submit more information than a facility discharging
into waters that do not have water quality problems.

Because discharges vary in complexity and character, and because
discharges and activities from particular industry groups or treatment
works are often similar, EPA has developed several different NPDES
application forms. Table 1 lists the application forms and other
application requirements and the respondents to the request.

[]{#__RefHeading___Toc137696027 .anchor}Table 1. Application Forms and
Information Requests

  -----------------------------------------------------------------------
  **FORM/REQUEST**             **RESPONDENT TYPE**
  ---------------------------- ------------------------------------------
  Form 1                       Non-municipal NPDES applicants, general
                               permit applicants, and applicants in
                               Alaska

  Form 2A                      All POTWs

  Additional NPDES Application Municipal facilities (i.e., POTWs)
  Requirements for Municipal   
  Dischargers (Section 308     
  Request)                     

  Form 2B                      Concentrated animal feeding operations
                               \[Not covered under this ICR\] and aquatic
                               animal production facilities

  Form 2C                      Existing manufacturing, commercial,
                               mining, and silvicultural operations that
                               discharge process wastewater

  Form 2D                      New manufacturing and commercial
                               facilities that discharge process
                               wastewater

  Additional NPDES Application Non-municipal facilities
  Requirements for             
  Non-municipal Dischargers    
  (Section 308 Requests)       

  Form 2E                      New or existing Non-municipal facilities
                               that discharge non-process wastewater

  Form 2F                      Industrial stormwater dischargers applying
                               for an individual permit

  Form 2S                      POTWs and other TWTDS

  Notice of Intent -           Industrial stormwater dischargers applying
  Industrial Activity          for a Multi-Sector General Permit (MSGP)
  (NOI-Storm water)            

  Uniform Federal              Builders and operators of transportation
  Transportation/Utility       and utility projects on Alaskan public
  Systems Application Form     lands (substitutes for Forms 1, 2B, and
  (Alaskan Lands Applications) 2C)

  Application for Large and    MS4s
  Medium Municipal Separate    
  Storm Sewer Systems (MS4s)   

  Petitions for Individual     MS4 operators or any person
  Permit                       

  Notice of Intent (NOI)       Municipal, Non-municipal, and sewage
                               sludge management facilities applying for
                               general permit coverage

  Permit Consolidation Request Facilities with multiple permits

  Notification of Construction Facilities classified as new sources

  Ocean Discharge Information  Ocean dischargers

  Notice of Termination        General permittees (stormwater).
  -----------------------------------------------------------------------

**Form 1**

EPA originally developed Form 1 to be used by any facility applying for
any EPA permit. On Form 1, applicants provide basic information
necessary to all EPA permit programs, including name, address, type of
facility, SIC code, and number of outfalls. Applicants must also submit
topographic maps and lists of all EPA and state permits presently held.
Most facilities applying for a NPDES permit must submit Form 1 along
with a second form (Form 2B, 2C, 2D, 2E, or 2F) requesting information
specific to the type of applicant. Facilities with more than one type of
discharge submit Form 1 and several of the other forms.

As EPA developed specific forms, submission of Form 1 was no longer
mandatory since the specific forms requested essentially the same data.
Facilities that submit NOIs for coverage under general permits are
exempt from completing Form 1. They provide similar, but less detailed
information in the NOIs they prepare to request general permit coverage.
Alaskan applicants who submit the Uniform Federal Transportation/Utility
System Application, discussed below, do not complete Form 1. Large and
medium municipal separate storm sewer systems also do not submit this
form.

**Form 2A**

Previously, POTWs were subject to Form 1, Standard Form A or Short Form
A, and/or biological testing reporting requirement.[^4] Form 2A
consolidates the application requirements for POTWs into a 3 part
application: Introductory Application Overview, Basic Application
Information and Supplemental Application Information. The introductory
section directs the applicant to complete the basic section as well as
applicable portions of the supplemental section based on the applicants
responses to specific questions. As suggested by the title, the Basic
Application Information section collects elementary data for drafting a
POTW NPDES permit, e.g., facility name, location, service area data,
receiving stream, WWTP design criteria, etc. The supplemental section
consists of four parts. Applicants are instructed to complete the
section if they meeting the following:

-   Expanded Effluent Testing Data: 1 MGD treatment design capacity, has
    or is required to have a pretreatment program, or is instructed by
    the permitting authority that they must.

-   Toxicity Testing Data: 1 MGD treatment design capacity, has or is
    required to have a pretreatment program, or is instructed by the
    permitting authority that they must.

-   Industrial User (IU) Discharges and RCRA/CERCLA wastes: accept IU
    process wastewater or receive RCRA or CERCLA wastes.

-   Combined Sewer Systems: have a combined sewer system.

**Additional NPDES Application Requirements for Municipal Dischargers
(Section 308 Requests)**

As explained above, municipal facilities (i.e., POTWs) must complete
Form 2A to apply for NPDES permits. Often, permit writers require
additional information from municipal facilities in order to establish
permit conditions. Section 308 grants permit authorities the power to
require the owner or operator of any point source to provide
supplemental information reasonably necessary to carry out the
objectives of the Act. Section 308 Requests vary in complexity and
burden depending on such factors as facility size or effluent
characteristics. Because Section 308 Requests can vary substantially,
EPA has not created standard forms for the requests.

**Form 2B**

Concentrated animal feeding operations (CAFOs) and aquatic animal
production facilities complete Form 2B. EPA revised Form 2B as part of
the CAFO rulemaking (published in February 2003). Burden associated with
CAFO applications are included in the CAFO rule-related ICR and are no
longer included in this ICR (See OMB Control No. 2040-0258). Aquatic
animal production facilities are still included in this ICR and are
required to provide data on the flow rates, the number of ponds,
raceways, and similar structures, the species held at the facility, and
the total pounds of production.

**Form 2C**

Existing manufacturing, commercial, mining, and silvicultural operations
that discharge process wastewater complete Form 2C. Usually, privately
owned treatment works also use Form 2C to apply for individual NPDES
permits. The thirteen-page form requests information about a
discharger\'s outfall locations, flow rates, and treatment. Respondents
must also perform the following tasks:

-   prepare a water flow process line drawing;

-   identify levels of production, wastewater treatment plant
    construction or improvements, and effluent characteristics; and

-   sample and analyze wastewater for pollutant characteristics.

Form 2C requires comprehensive monitoring data, i.e., all applicants
must test for and report quantitative data for seven listed conventional
and nonconventional pollutants. In addition, all applicants must provide
information on the presence of toxic pollutants in accordance with a
scheme set forth in the regulations. In establishing testing
requirements for toxic pollutants, EPA balances the likelihood of the
presence of the pollutants against the costs and burdens for applicants
to analyze the effluent. In some industries there is no reasonable
expectation that certain pollutants are present. Therefore, mandatory
testing for any toxic pollutants applies only where EPA data have
indicated a likelihood that the pollutant will be present in the
discharge.

Testing requirements for toxic pollutants fall into two groups. First,
all process discharges in primary industrial categories must be tested
for the presence of metals, cyanide, and total phenols. However, testing
is not required for all organic toxic pollutants in all primary
industrial categories. The specific organic pollutants for which an
industry must test are listed by industry type in the regulations \[40
CFR \'122.21(g)(7)\]. Second, in addition to the mandatory testing
explained above, all industrial dischargers must report quantitative
data for any toxic pollutant, conventional pollutant, listed
nonconventional pollutant, or radioactivity that they know or have
reason to believe is present in the discharge.

**Form 2D**

New facilities applying for NPDES permits to discharge process
wastewater complete Form 2D. The five-page form requests information
that helps permitting authorities determine if a facility is a new
source of process wastewater.[^5]

Respondents must report the locations of all outfalls and the names of
the receiving waters, describe all operations contributing to the
wastewater and the treatment applied to it, and estimate the
concentration and mass of pollutants to be discharged from each outfall.
The form also stipulates that applicants must submit sampling data no
later than two years after they begin discharging. Permittees must
submit these data to appraise permit authorities of discrepancies
between the estimated data and the actual discharge. Permitting
authorities need this information to evaluate permit conditions and
revise them if necessary.

**Additional NPDES Application Requirements for Non-municipal
Dischargers (Section 308 Requests)**

Permit authorities occasionally request supplemental application
information under the authority of CWA Section 308. Supplemental
information may also be requested under 40 CFR \'122.21(g)(13), which
enables the Director to request \"other information as the Director may
reasonably require to assess the discharges of the facility and to
determine whether to issue a NPDES permit.\" CWA Section 308 requires
EPA and approved state NPDES programs to request that the owner or
operator of any point source maintain records, make reports, conduct
monitoring and/or sampling, and provide any other information reasonably
necessary to carry out the objectives of the Act.

Section 308 Requests vary in complexity and burden, and permit
authorities may issue Requests for a variety of reasons. Authorities may
request simple narrative descriptions or existing discharge information,
for example. More burdensome requests include comprehensive sampling and
analyses, biomonitoring, fish tissue analyses, wastewater data and
related ambient water quality data, sewage sludge characterization, or
facility production or process information. In general, requested
information relates to discharges or control of particular pollutants.
EPA may issue Section 308 Requests to formulate permit limitations,
especially limitations necessary to protect the environment from toxic
pollutants or the effects of toxicity. In addition, EPA may request
information necessary to assess national pollutant limitations
standards, assess compliance with permit conditions, evaluate permit
modifications, revise or add permit standards, impose prohibitions or
other special requirements, revoke a permit, issue a permit, or renew a
permit. Because Section 308 Requests vary substantially, EPA has not
created standard forms for the requests.

**Form 2E**

Facilities discharging only non-process wastewater that is not regulated
by effluent limitations guidelines or new source performance standards
submit this two-page form. The primary respondents include dischargers
of nonprocess wastewater, primarily sanitary waste and non-contact
cooling water. On Form 2E, applicants provide outfall locations,
identify receiving waters, specify effluent characteristics, and
describe treatment systems. Form 2E also requires minimal sampling for
conventional pollutants such as BOD.

**Form 2F**

Dischargers of stormwater associated with industrial activity wishing to
obtain an individual permit, as opposed to a general permit, submit Form
2F. This five-page form requests information about outfall locations,
scheduled improvements, flow rates, the history of leaks and spills at
the facility, treatment applied to discharges, the drainage and surface
area associated with discharges, and contractors used by the facility.
It solicits narrative descriptions of pollutant sources, including the
materials present at the site. It requires applicants to sample
discharges for conventional pollutants and other pollutants regulated in
NPDES permits held by the facility. The form also requests biological
toxicity testing data.

**Form 2S**

Form 2S replaces the Interim Sewage Sludge Permit Application Form and
is the mechanism by which POTWs and other treatment works treating
domestic sewage (TWTDS) will apply for permits containing standards for
use and disposal of sewage sludge. Form 2S consists of 2 main sections,
ALimited Background Information@ and APermit Application Information@,
and a preliminary information section which directs the applicant to
complete either of the 2 main sections. Facilities that are not
requesting site-specific permit limitations, do not have a currently
effective NPDES permit, and/or have not been directed by the permitting
authority to apply for a permit, complete the first part, i.e., ALimited
Background Information@. All other applicants complete Part 2, i.e., the
APermit Application Information@.

**Notice of Intent for Stormwater Discharges Associated with Industrial
Activity (NOI‑Stormwater)**

Based on fundamental information requested in the NOI for Stormwater
Discharges Associated with Industrial Activity under the NPDES
Multi-Sector General Permit (MSGP), it is not necessary for the
applicant to complete Form 1. In addition to basic information, this
form requests applicant data on stormwater runoff, stormwater management
and Best Management Practices (BMPs), monitoring, spills, construction,
etc.

All new facilities submitting an NOI-Stormwater must develop a SWPPP as
part of the MSGP requirements. The two stated objectives of these plans
are: (1) to identify sources of pollution potentially affecting the
quality of stormwater discharges associated with industrial activity
from the facility; and (2) to describe and ensure implementation of
practices to minimize and control pollutants in stormwater discharges
associated with industrial activity from the facility and to ensure
compliance with the terms and conditions of the permit.

The development of a SWPPP is unique to each facility, even to the
extent that the MSGP has sector-specific SWPPP requirements for all 30
sectors. Common requirements of all SWPPPs include:

1.  Identifying the pollution prevention team members responsible for
    developing and implementing the SWPPP.

2.  Describing potential pollution sources (i.e., activities, materials,
    and physical features) of the facility that may contribute
    significant amounts of pollutants to stormwater. This should include
    a drainage map, an inventory of exposed materials, a list of any
    significant spills and leaks, a certification that discharges from
    the site have been tested or evaluated for the presence of
    non-stormwater discharges, any existing sampling data, and a summary
    of potential pollutant sources.

3.  Considering and implementing measures and controls to prevent or
    reduce the discharge of pollutants in stormwater runoff. These
    measures and controls include good housekeeping, preventative
    maintenance, inspections, employee training, recordkeeping and
    internal reporting procedures, sediment and erosion control, and
    management of runoff.

4.  Describing the scope and content of the comprehensive site
    evaluations that will be conducted to evaluate the adequacy and
    effectiveness of the SWPPP, including with respect to compliance
    with terms and conditions of the MSGP.

The MSGP regulations include additional special requirements for
facilities that (1) discharge stormwater through large and medium
municipal separate storm sewer systems, (2) are subject to Emergency
Planning Commission and Right-to-Know Act (EPCRA) Section 313
requirements, and (3) discharge from salt storage facilities. However,
information required to address these three areas has negligible impact
on SWPPP development burden and costs. Rather, these requirements
primarily impact SWPPP implementation. As such, the cost and burden to
develop a SWPPP as presented in this ICR is independent of whether or
not the facility meets any of the three special criteria identified
above. The greatest impact on SWPPP development burden and cost will be
the amount of industrial activities associated with stormwater
discharges that is actually performed at each facility, based primarily
on facility size and complexity and the extent to which pollution
prevention measures are already employed at the facility.

**Uniform Federal Transportation/Utility System Application Form
(Alaskan Lands Application)**

Persons constructing or operating transportation and utility projects on
Alaskan public lands submit Uniform Federal Transportation/Utility
System Applications instead of application Forms 1, 2B, and 2C. EPA uses
the information on this form to determine whether a permit should be
issued to these dischargers. The form is also used by the Forest
Service, Air Force, Bureau of Land Management, Federal Aviation Agency,
Coast Guard, NASA, and by EPA in its Resource Conservation and Recovery
Act and Underground Injection Control programs.

Respondents must do the following:

-   gather information demonstrating the need for, and economic
    feasibility of, the transportation or utility system;

-   gather information indicating alternative routes and modes of
    access;

-   gather information on social and environmental impacts;

-   prepare a map covering the project area; and

-   complete and transmit the application.

**Application for Large and Medium Municipal Separate Storm Sewer
Systems (MS4s)**

Municipal separate storm sewer systems typically consist of many
outfalls. Permitting authorities issue one permit covering all
discharges from a system. To apply for a system-wide permit, MS4
operators submit a two-part application.

Part 1 consists of the following:

-   general information about the applicant;

-   a statement of the applicant\'s legal authority to control
    stormwater discharges and a plan to augment legal authority if
    necessary;

-   identification of the industrial facilities that discharge into the
    system;

-   information about the historic use of ordinances or other controls
    to prevent non-stormwater discharges from entering the system;

-   information characterizing discharges from the system, including
    existing quantitative data and results of field screening analyses
    to detect illicit discharges and illegal dumping to the municipal
    system;

-   a plan to characterize MS4 discharges by estimating discharge
    pollutant levels, and a plan to obtain limited representative
    sampling data; and

-   a description of existing structural and non-structural controls to
    reduce the discharge of pollutants from the MS4.

Once permit authorities have received and assessed Part 1 of the
application, the applicant is required to complete Part 2. Part 2
includes the following requirements:

-   a demonstration that the applicant\'s legal authority satisfies the
    regulatory criteria;

-   source identification information augmenting Part 1 and ensuring
    that all major outfalls are identified;

-   additional quantitative data;

-   a management program to control the discharge of pollutants to the
    maximum extent practicable;

-   an assessment of the performance of proposed controls; and

-   a financial estimate of the cost of implementing the proposed
    management programs. The estimate must identify sources of revenue.

**Petitions for Individual Permit**

EPA may receive a petition requesting that a facility covered under an
NPDES stormwater general permit obtain an individual permit. Depending
on the circumstances, these petitions may come from MS4 operators or any
other person. Federal regulations (55 [FR]{.underline} 48072) allow MS4
operators to petition EPA to require industrial facilities discharging
through the MS4 to obtain individual NPDES permits. Ordinarily,
dischargers of stormwater associated with industrial activity who
discharge through MS4s are eligible for coverage under general permits
provided they meet the eligibility provisions of the permit. In
addition, any person may petition EPA to require an individual permit
for a stormwater discharge that contributes to a water quality standard
violation or is a significant contributor of pollutants to waters of the
United States. Petitions submitted by MS4s to reduce the population
served by the separate storm sewer were one-time requests and are not
available to newly designated MS4s; this element is not included in this
ICR.

**Notice of Intent (NOI) to be Covered Under a Non-Stormwater General
Permit**

Permitting authorities issue general permits to cover multiple
permittees requiring similar permit conditions within a designated
geographic area for other types of discharges as well as stormwater
associated with industrial or construction activity. General permits may
cover certain NPDES discharges and sewage sludge management facilities.
Rather than submitting an individual application, an applicant seeking
coverage under a general permit must submit a NOI. Federal regulations
require, at a minimum, that applicants provide the following information
in their NOI:

-   the legal name and address of the owner or operator;

-   the facility name and address; and

-   the type of facility or discharges, and the receiving stream(s).

When they issue general permits, permitting authorities may impose
additional information to be submitted with the NOI that they regard as
necessary to ensure that facilities covered under the permits comply
with the objectives and provisions of the CWA.

Although permitting authorities may impose any information requirements
in NOI, they typically use general permits in cases where they wish to
minimize the burden associated with reviewing application information.
Consequently, applicants are usually required to provide simple, easily
obtainable data in their NOI.

**Permit Consolidation Request**

Facilities that are required to obtain permits for more than one EPA
program may request that their permit application processing be
consolidated. This is a voluntary request, made by submitting a letter
to the permit authority.

**Notification of Construction Prior to Wastewater Permit Issuance**

Generally, construction of a new source that requires an Environmental
Impact Statement (EIS) is prohibited until the permit authority issues a
final NPDES permit that incorporates requirements related to the EIS.
Permit applicants who wish to begin construction before the NPDES permit
has been issued must notify the permit authority.

**NPDES Ocean Discharge Information**

During the first two years of operation, facilities that discharge into
territorial seas, the contiguous zone, and the oceans must provide
information that supplements the data they provide in Form 1. This
supplemental information is site-specific and highly variable. It ranges
from routine water quality and sediment analyses to complex impact
analyses that involve studies of large magnitude and area. Permitting
authorities use the information to modify permit conditions before a
permit expires or when dischargers apply for new permits. The permit
authority reviews all other available sources of information, including
EISs and CWA Section 301(h) variance requests, before requesting
dischargers to submit additional information.

**Notice of Termination (NOT)**

When all stormwater discharges associated with construction activity
authorized by a general permit are eliminated, or when the operator of
stormwater discharges associated with construction activity at a
facility changes, the operator of the facility must submit a Notice of
Termination (NOT). This is also a requirement for MSGPs. This one page
form requires basic facility information, operator information, permit
number, reason for the termination, and a certification statement. NOTs
are submitted to EPA and authorized states.

## 4(c). RESPONDENT ACTIVITIES

Respondent activities can vary substantially, depending on the type of
applicant and the application used. This ICR explains these activities
in detail for each set of application requirements (see Section 6.1 of
the ICR, \"Estimating Respondent Burden\"). However, any particular
respondent may engage in the following types of activities:

-   **Preparing basic information.** This includes reading instructions
    on application forms or reviewing regulatory application
    requirements, gathering general information, typing or filling out
    forms, drafting letters, reviewing applications or other materials,
    and mailing completed submissions.

-   **Generating detailed information.** Detailed information may
    include topographic maps, water flow process line drawings, data on
    production levels, data on effluent characteristics, management
    programs, financial estimates, engineering data, or other
    information required by permitting authorities, such as developing a
    SWPPP.

-   **Sampling and analyzing discharges and sludge.** This may involve
    pollutant scans, biological toxicity testing, impact analyses, field
    monitoring, or other scientific analyses.

-   **Maintaining records.** All NPDES and sewage sludge permit
    applicants must keep records of the data used to complete their
    applications for at least three years. SWPPPs must be maintained
    on-site for the duration of the MSGP. First-time applicants may need
    to develop a recordkeeping system, enter data, train personnel, and
    file information. For existing facilities, recordkeeping entails
    collecting and filing raw data. The ICR for Compliance Assessment
    estimates the recordkeeping burden for existing facilities in
    association with monitoring information such as monitoring data and
    reports. The present ICR estimates recordkeeping burden in
    association with the application process.

# 5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT

## 5(a). AGENCY ACTIVITIES

When NPDES permitting authorities receive applications, they must review
them for completeness. If an application is incomplete, the authorities
must notify the applicant and request the missing information. Completed
applications must be assigned to permit writers, who review the
applications in more detail as they develop permit conditions.[^6]
Permitting authorities also enter application data into PCS, ICIS-NPDES,
STORET, and/or an NOI database.

Other information requests, such as requests for supplemental
information (Section 308 Requests), may demand more extensive or
immediate review.

When a permitting authority issues a general permit, it may notify those
dischargers or facilities eligible for coverage under the permit.
Notification may include newspaper announcements, direct mailings, or
other methods of communication.

When permitting authorities receive applications for general permits,
they must determine which facilities, if any, would be more
appropriately governed by individual permits. As part of these
activities, permitting authorities may notify dischargers or sludge
facilities that they need to apply for individual permits.

Permittees are not required to submit SWPPPs to permitting authorities
for review. These plans are to be maintained on-site at the facility
where the industrial activity is taking place and must be available for
review as requested.

## 5(b). COLLECTION METHODOLOGY AND MANAGEMENT

Because each application or information collection activity contains
some unique information, and because applicants submit applications
infrequently (once every five years), improved information technology
would not significantly reduce respondent burden.

EPA maintains some application data in the Agency\'s databases, PCS,
ICIS-NPDES, STORET, and NOI database. This technology reduces the burden
to EPA Headquarters for gathering and analyzing national permit and
water quality data.

## 5(c). SMALL ENTITY FLEXIBILITY

For many reasons, EPA believes the reporting requirements discussed in
this ICR do not place an unreasonable burden on small business. EPA
developed several application forms, and it promulgated different
application requirements to tailor the information collection demands,
considering, among other factors, the size and complexity of the
facility. Generally, as the size of a facility increases, the amount of
required information increases correspondingly.

Several of the applications (e.g., Form 1 and NOIs) request minimal
information, such as the name and location of the facility, or merely
direct the applicant to complete specific sections of the application
(e.g., Forms 2A and 2S). Furthermore, facilities submit applications
infrequently, typically once every five years. The burden represented by
these applications cannot be further reduced for small businesses.
Permitting authorities need certain basic information to make permitting
decisions. This basic information is not dependent on a facility\'s
size.

In the recent past, EPA has reduced reporting burdens on businesses of
all sizes. The Agency developed general permit procedures to reduce
burdens associated with the application process, especially the burden
associated with stormwater discharges. Applicants for stormwater general
permits, for instance, do not need to submit any sampling data.

Some facilities that do not have toxic pollutants in their effluent are
not required to provide as much monitoring information on Form 2C as
those with toxic discharges. For example, coal mines with a probable
total annual production less than 100,000 tons per year and other
applicants with gross total annual sales averaging less than \$100,000
per year (in second quarter 1980 dollars) may qualify for reduced
monitoring requirements.[^7]

EPA also developed Form 2E specifically to reduce the reporting burden
for certain small businesses. These businesses are new or existing
manufacturing, commercial, mining, and silvicultural NPDES permit
applicants that do not discharge process wastewater. This form is easier
to complete and requires the submission of existing sampling data (i.e.,
sampling and analysis is not required to be conducted as part of the
application process). The Permit Consolidation Request may also affect
small businesses. Small businesses (like all applicants) will request
consolidated permitting when they determine that the benefits of
consolidation outweigh the additional minimal burden imposed by the
consolidation request.

Minimizing burden to small entities also comes in the form of guidance
materials. For example, to assist facilities of all sizes, but
potentially most useful for small businesses, EPA has developed numerous
guidance manuals, fact sheets, training courses, etc. that describe
procedures for developing SWPPPs.

Finally, many small businesses do not discharge any pollutants. Of the
small businesses that do discharge, many of them discharge pollutants to
a sewage treatment plant. These businesses are not required to have
NPDES permits and thus are not subject to the reporting requirements
contained in this ICR.

## 5(d). COLLECTION SCHEDULE

Federal regulations require permittees to reapply for permits at least
every five years, although the regulations also grant permit writers the
authority to impose more frequent reissuance. Most respondents submit
applications every five years. When calculating burden, this ICR assumes
that all permit applicants follow this schedule.

In addition, this ICR assumes that every five years, permittees will
perform a comprehensive re-evaluation of the existing SWPPP and modify
the plan as appropriate. This re-evaluation is anticipated to require
less cost and burden than the initial cost and burden of developing the
plan.

With regard to sewage sludge, these permit applications were originally
required in three phases. The first phase, those due within 180 days
after promulgation of 40 CFR part 503 (by August 18, 1993), consisted of
applications from TWTDS and were required to have (or request)
site-specific limits. These facilities were primarily sewage sludge
incinerators. The second phase required limited background information
from sludge-only TWTDS that were not addressed in the first phase. This
information was due within one year of Part 503 publication (by February
19, 1994). The last phase required TWTDS with NPDES permits (that were
not addressed in the first phase) to submit sewage sludge information
during the NPDES permit renewal process (i.e., over the five-year permit
cycle).

Since the first year of implementation of the sewage sludge permitting
program (i.e., from March 22, 1993 to March 21, 1994) has passed, EPA
anticipates three groups of respondents: 1) one-fifth of the NPDES
permittees will need to submit applications each year; 2) new
sludge-only facilities will submit limited background information each
year; and 3) some sludge-only facilities that have already submitted the
limited background information will be required by EPA to submit permit
applications each year.

Some information collection activities included in this ICR do not
follow routine schedules. For example, permittees request permit
consolidations and permit authorities request supplemental information
as needed. Please see Section 6 of this ICR for detailed estimates of
collection schedules for these activities.

# 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION

## 6(a). ESTIMATING RESPONDENT BURDEN

### 6(a)(i). Estimating Applicant Respondent Burden

EPA estimates that the total annual burden to applicant respondents is
approximately 1,278,241 hours.

To calculate the total annual applicant respondent burden, EPA first
calculated the annual burden for each permit application and for each
information request associated with permit applications. The Agency then
added these together. Thus, the total annual burden is the sum of the
annual burdens for all permit applications and associated information
requests. In this section, EPA explains its applicant respondent burden
estimates for each application and information request.

Table 2 estimates the number of respondents that must provide
application information or information associated with applications. EPA
uses these figures to calculate burden and costs. Table 16, at the end
of this section, summarizes burden estimates for all applications and
information requests. It also presents the total annual burden to
applicant respondents.

In accordance with OMB\'s instructions, this ICR calculates burden and
costs to respondents on an annual basis. These calculations are somewhat
complicated because there are two types of respondents discussed in this
ICR: applicants renewing existing permits, and applicants applying for
new permits. Generally, existing permits must be renewed every five
years. For these respondents, the ICR assumes that the number of
applicants renewing per year equals one-fifth the total number of
existing permitted facilities.

For those facilities applying for new permits, this ICR only calculates
burden and cost for a three year period. At the end of that period this
ICR will be revised with new calculations for the following three years.
Therefore, for the burden and cost calculations for respondents applying
for new permits, the estimate of the total number of applicants expected
over the next three years is divided by three to obtain the estimated
number of applicants per annum.

OMB requires agencies to calculate the average burden per response. To
determine the average burden, EPA developed a cumulative total for each
reporting item. The average applicant burden of 5.1 hours is based on
the total annual burden estimate of 1,278,241 hours divided by 249,448,
the total number of applicant respondents. It should be noted, however,
that the burden will vary greatly among applicants. For example, the
applicant burden for a large MS4 is 30 hours, but the applicant burden
for a facility providing a notice of termination equals only 0.5 hour.
It should also be noted that in some cases, applicant respondents may
complete more than one information item.

[]{#__RefHeading___Toc137696028 .anchor}Table 2. Number of Applicants
and Information Respondents

+----------------------------------------------------------+-----------+
| **Information Collection Activity**                      | **Re      |
|                                                          | spondents |
|                                                          | (Per      |
|                                                          | Year)**   |
+==========================================================+===========+
| **Recordkeeping:**                                       |           |
+----------------------------------------------------------+-----------+
| Existing POTWs                                           | 3,001     |
+----------------------------------------------------------+-----------+
| Existing Facilities (Non-Municipal)                      | 7,982     |
+----------------------------------------------------------+-----------+
| Major New Non-Municipal Facilities                       | 40        |
+----------------------------------------------------------+-----------+
| MS4s                                                     | 204       |
+----------------------------------------------------------+-----------+
| Minor New Non-Municipal Facilities and Individual SW     | 520       |
| Permits                                                  |           |
+----------------------------------------------------------+-----------+
| Sludge Only Facilities (Municipal)                       | 853       |
+----------------------------------------------------------+-----------+
| Sludge Only Facilities (Non-municipal)                   | 107       |
+----------------------------------------------------------+-----------+
| NOI-IA's SWPPP                                           | 19,310    |
+----------------------------------------------------------+-----------+
| **Applicant Recordkeeping Subtotal**                     | 32,017    |
+----------------------------------------------------------+-----------+
|                                                          |           |
+----------------------------------------------------------+-----------+
| **Form 1:**                                              |           |
+----------------------------------------------------------+-----------+
| New Facilities                                           | 520       |
+----------------------------------------------------------+-----------+
| Existing Facilities                                      | 7,982     |
+----------------------------------------------------------+-----------+
| **Form 2A:**                                             |           |
+----------------------------------------------------------+-----------+
| POTWs ≽1.0 MGD                                           | 918       |
+----------------------------------------------------------+-----------+
| POTWs 0.1 - 1.0 MGD                                      | 1,304     |
+----------------------------------------------------------+-----------+
| POTWs ≺0.1 MGD                                           | 779       |
+----------------------------------------------------------+-----------+
| **Sec. 308 Requests - Major Municipals:**                |           |
+----------------------------------------------------------+-----------+
| Routine                                                  | 88        |
+----------------------------------------------------------+-----------+
| Medium                                                   | 16        |
+----------------------------------------------------------+-----------+
| Complex                                                  | 8         |
+----------------------------------------------------------+-----------+
| **Sec. 308 Requests - Minor Municipals:**                |           |
+----------------------------------------------------------+-----------+
| Routine                                                  | 42        |
+----------------------------------------------------------+-----------+
| **Form 2B:**                                             | 38        |
+----------------------------------------------------------+-----------+
| **Form 2C:**                                             | 4,825     |
+----------------------------------------------------------+-----------+
| **Form 2D:**                                             |           |
+----------------------------------------------------------+-----------+
| Major New Facilities                                     | 40        |
+----------------------------------------------------------+-----------+
| Minor New Facilities                                     | 322       |
+----------------------------------------------------------+-----------+
| **Sec. 308 Requests - Major Non-Municipal:**             |           |
+----------------------------------------------------------+-----------+
| Routine                                                  | 45        |
+----------------------------------------------------------+-----------+
| Medium                                                   | 23        |
+----------------------------------------------------------+-----------+
| **Sec. 308 Requests - Minor Non-Municipal:**             |           |
+----------------------------------------------------------+-----------+
| Routine                                                  | 149       |
+----------------------------------------------------------+-----------+
| **Form 2E:**                                             |           |
+----------------------------------------------------------+-----------+
| New Facilities                                           | 138       |
+----------------------------------------------------------+-----------+
| Existing Facilities                                      | 2,598     |
+----------------------------------------------------------+-----------+
| **Form 2F:**                                             | 91        |
+----------------------------------------------------------+-----------+
| **Form 2S:**                                             |           |
+----------------------------------------------------------+-----------+
| NPDES-POTWs (public)                                     | 3,001     |
+----------------------------------------------------------+-----------+
| NPDES-PrOTWs (private)                                   | 485       |
+----------------------------------------------------------+-----------+
| Sludge Only-POTWs (new)                                  | 853       |
+----------------------------------------------------------+-----------+
| Sludge Only-POTWs (required to submit)                   | 107       |
+----------------------------------------------------------+-----------+
| **NOI-Storm water:**                                     |           |
+----------------------------------------------------------+-----------+
| NOI Storm water Form                                     | 19,310    |
+----------------------------------------------------------+-----------+
| SWPPP                                                    | 520       |
+----------------------------------------------------------+-----------+
| **Alaskan Lands:**                                       | 3         |
+----------------------------------------------------------+-----------+
| **MS4s:**                                                |           |
+----------------------------------------------------------+-----------+
| Large                                                    | 102       |
+----------------------------------------------------------+-----------+
| Medium                                                   | 102       |
+----------------------------------------------------------+-----------+
| **NOI: (non storm water)**                               | 8,508     |
+----------------------------------------------------------+-----------+
| **Petition for Individual Permit:**                      | 24        |
+----------------------------------------------------------+-----------+
| **Permit Consolidation:**                                | 100       |
+----------------------------------------------------------+-----------+
| **Notice of Construction:**                              | 3         |
+----------------------------------------------------------+-----------+
| **Ocean Discharge:**                                     | 30        |
+----------------------------------------------------------+-----------+
| **Notice of Termination (NOT)**                          |           |
+----------------------------------------------------------+-----------+
| Construction                                             | 157,500   |
+----------------------------------------------------------+-----------+
| MSGP (Industrial - Storm water)                          | 6,857     |
+----------------------------------------------------------+-----------+
| **Applicant Respondent Subtotal**                        | 249,448   |
+----------------------------------------------------------+-----------+
|                                                          |           |
+----------------------------------------------------------+-----------+
| Notes:                                                   |           |
|                                                          |           |
| Totals may not add exactly due to rounding errors (the   |           |
| data were developed using spreadsheets).                 |           |
|                                                          |           |
| Some double counting of respondents may occur, e.g., a   |           |
| MSGP facility filing an NOI and an NOT during the life   |           |
| of this ICR.                                             |           |
+----------------------------------------------------------+-----------+

**Recordkeeping**

All permit applicants must maintain, for at least three years, records
of all data used to complete their permit applications. The burden
associated with recordkeeping depends on the type of permit, the size of
the facility, and whether the facility already has a recordkeeping
system. EPA estimates the burden for this activity as follows:

[]{#__RefHeading___Toc137696029 .anchor}Table 3. Applicant Recordkeeping
Burden

  ----------------------------- ---------------------------------- -----------
  **Type of Permittee**         **Activity**                       **Burden
                                                                   (hours)**

  Existing Facility             Collect and file raw data provided 1
                                on application                     

  Major New Facility; Large or  Develop recordkeeping system;      5
  Medium MS4                    enter data; train personnel; and   
                                file information                   

  Minor New Facility;           Develop recordkeeping system;      1.5
  Individual Storm Water Permit enter data; train personnel; and   
  Applicant; Sludge-Only        file information                   
  Facility; NOI-Storm water                                        
  SWPPP                                                            
  ----------------------------- ---------------------------------- -----------

Estimates from EPA and the Permit Compliance System (PCS) lists a total
of 54,917 existing facilities. These include 39,910 non-municipal
facilities (2,346 major and 37,564 minor)[^8] filing individual permits
and 15,007 municipal facilities. Assuming that one-fifth of all
permittees file applications each year, the annual number of existing
facilities with recordkeeping burden is 10,983.

EPA estimates that 40 major new non-municipal facilities will apply for
permits each year and 102 large and 102 medium MS4s will apply for
separate storm sewer system permits.[^9] The Agency predicts 460 minor
new non-municipal facilities will apply for permits and 60 facilities
will apply for individual stormwater permits each year. Finally, EPA
estimates that 4,799 sludge-only facilities (4,266 municipal and 533
non-municipal) will apply for sludge permits. This equals 960 sludge
only facilities (853 municipal and 107 non-municipal) filing
applications per year. Most of the SWPPPs required as part of the
NOI-Stormwater application have been filed and EPA estimates that 520
SWPPPs will be filed a year along with the new non-municipal facility
permits.

Each of the 10,983 existing facilities applying for an NPDES permit are
expected to spend one (1) hour maintaining records each year, thus the
annual burden will be 10,983 hours. The 40 major new facilities and 204
MS4s are expected to spend 5 hours each, resulting in an annual burden
of 1,220 hours. The 460 new non-municipal minor facilities, 60
individual stormwater permit applicants, 960 sludge-only facilities, and
19,310 NOI-Stormwater facilities are expected to spend 1.5 hours each,
resulting in an annual burden of 31,185 hours.

Taken together, the total annual burden to respondents for
**recordkeeping** is estimated to be **43,388 hours**.

Except for SWPPPs required by the NOI-Stormwater, this ICR does not
include the recordkeeping burden associated with NOIs and NOTs. Most
applicants need only provide the name and address of the owner or
operator and of the facility, the type of facility or discharge, and the
receiving water. As such, applicants will not need to maintain any
records for this basic information.

**Form 1**

EPA estimates that Form 1 requires three (3) hours to complete for the
first time. New respondents must read and fill out the form, prepare a
topographic map, and review and mail the completed application.
Applicants renewing existing permits will spend one (1) hour completing
Form 1 because these applicants need only send a duplicate of the
previously submitted form, updating material if necessary. This applies
to NPDES applicants who have permits in other EPA programs; these
applicants also submit copies of existing forms.

PCS identifies 39,910 existing non-municipal facilities that must submit
Form 1. If one-fifth of these file applications each year, the annual
number of respondents in this group is 7,982. If each respondent spends
1 hour submitting the form, the annual burden will be 7,982 hours.

EPA estimates that 460 new non-municipal facilities and will submit Form
1 each year. In addition, the Agency estimates that 60 facilities will
submit Form 1 each year with their applications for individual
stormwater permits. If each of these respondents needs 3 hours to
complete the form, their annual burden will be 1,560 hours.

Altogether, the estimated annual burden to respondents of **Form 1** is
**9,542 hours**.

**Form 2A**

EPA estimates that POTWs will spend the following amount of time
completing the various sections of Form 2A (see Table 4).

[]{#__RefHeading___Toc137696030 .anchor}Table 4. Form 2A - Burden per
Applicant Respondent by Section\*

  -------------------- ---------------- -------- -------- -------- --------
  **Activity**         **Burden                                    
                       (Hours)**                                   

                       **Basic**        **A**    **B**    **C**    **D**

  **Major POTWS**                                                   

  Review Form          1.5              0.5      0.5      0.5      0.5

  Gather Information   2.5              4        2.5      4        7.5

  Record Information   2.5              1.5      1.5      0.5      1

  Subtotal             6.5              6        4.5      5        9

  **Minor POTWS (0.1 -                                              
  1.0 MGD)**                                                       

  Review Form          1.5              0.5      0.5      0.5      0.5

  Gather Information   1.5              2        2.5      1        5.5

  Record Information   2                1        1.5      0.5      1

  Subtotal             5                3.5      4.5      2        7

  **Minor POTWS (≺0.1                                               
  MGD)**                                                           

  Review Form          1.5              0.5      0.5      0.5      0.5

  Gather Information   1                2        2.5      1        5.5

  Record Information   1.5              1        1.5      0.5      1

  Subtotal             4                3.5      4.5      2        7

  Note: Most                                                       
  applicants do not                                                
  complete every                                                   
  section.                                                         
  -------------------- ---------------- -------- -------- -------- --------

Of the possible 3,001 Form 2A annual respondents, all majors and minors
will complete the basic application information section. All major POTWS
and all minor POTWS with pretreatment programs will complete Sections a.
and b. EPA assumes 90% of major POTWS, 15% of large minors, and 1% of
small minors have SIUs and therefore, will complete Section C. With
regard to Section D, EPA assumes 20% of the major POTWS and 3.6% of
minor POTWS have CSOs. Table 5 below details Form 2A annual respondent
burden based on these assumptions and the burden per respondent by
section estimates.

[]{#__RefHeading___Toc137696031 .anchor}Table 5. Form 2A Applicant
Respondent Burden[^10]

  -------------- ------------- ------------ --------- ------------- ------------ --------- ------------- ------------ ---------
  **Section**    **Major                              **Minor POTWS                        **Minor POTWS              
                 POTWS**                              (0.1-1.0                             (≺0.1 MGD)**               
                                                      MGD)**                                                          

                 Respondents   Burden/      Annual    Respondents   Burden/      Annual    Respondents   Burden/      Annual
                 per year      respondent   Burden    per year      respondent   Burden    per year      respondent   Burden
                               (hours)      (hours)                 (hours)      (hours)                 (hours)      (hours)

                 \(a\)         \(B\)        \(C\)     \(D\)         \(E\)        \(F\)     \(G\)         \(H\)        \(I\)

  Basic          918           6.5          5967      1,304         5            6,520     779           4            3,116

  A              918           6            5508      0             3.5          0         42            3.5          147

  B              918           4.5          4131      0             4.5          0         42            4.5          189

  C              826           5            4130      196           2            392       8             2            16

  D              184           9            1656      47            7            329       28            7            196

  Total\*        918                        21,392    1,304                      7,241     779                        3,664

  \* Note the                                                                                                         
  total                                                                                                               
  respondents                                                                                                         
  per year are                                                                                                        
  based on the                                                                                                        
  entire                                                                                                              
  application,                                                                                                        
  not the                                                                                                             
  respondent per                                                                                                      
  application                                                                                                         
  section.                                                                                                            
  -------------- ------------- ------------ --------- ------------- ------------ --------- ------------- ------------ ---------

The estimated burden for the 3,001 respondents filing a Form 2A
application each year is 32,297 hours.

**Additional NPDES Application Requirements for Municipal Dischargers
(Section 308 Request)**

Because requests for supplemental information vary in complexity, this
ICR calculates burden according to the complexity of the request. EPA
estimates that facilities spend 5 hours responding to routine requests.
This includes 1 hour to read and understand the request, 2 hours to
obtain information, and 2 hours to write a response. Requests of medium
complexity require, on average, 50 hours. EPA estimates that complex
requests demand 1,000 hours.

EPA may request additional information from a facility at any time.
Generally, facilities are more likely to receive Section 308 Requests
when they apply or re-apply for permits than at other times. Therefore,
this ICR divides municipal respondents into two categories: those that
are applying for permits in a particular year, and those that are not.
Since permits typically last 5 years, one-fifth of all facilities apply
for permits each year. EPA currently estimates 7.5% major facilities and
1% of minors will receive a 308 request as part of the application
process.

With regard to 308 requests not made during the application process, EPA
estimates 5% of the remaining major facilities will receive such a
request. For minor municipals, EPA assumes 1% of the remaining minor
facilities receive them each year. The following table summarizes the
number of respondents for these requests.

[]{#__RefHeading___Toc137696032 .anchor}Table 6. Annual Municipal
Applicant Respondents For Section 308 Requests

  --------------- ------------ ---------------- ------------------ ------------
  **Respondent    **Total      **Applying       **Not Applying     **Total
  Type**          Existing**   Annually**       (annual)**         Annual**

                               **(a)**          **(b)**            **(a) +(b)**

  Major Facility  4,590        69               42                 111

  Minor Facility  10,415       21               21                 42

  Total           15,005                                           153
  Respondents:                                                     
  --------------- ------------ ---------------- ------------------ ------------

The following table calculates the burden for municipal respondents
based on the complexity of the request, and it calculates the total
annual burden. It also estimates the number of facilities responding to
routine, medium, and complex requests.

[]{#__RefHeading___Toc137696033 .anchor}Table 7. Total Annual Applicant
Burden to Municipal Facilities For Section 308 Requests

  ------------------------ ---------------- -------------------- -----------------
  **Respondent/Request**   **Respondents    **Burden (Hrs.) Per  **Total Annual
                           Per Year**       Respondent**         Burden (hrs)**

                           **(a)**          **(B)**              **(a) \* (B)**

  Major Facilities                                               

  Routine requests         88               5                    440

  Medium requests          16               50                   800

  Complex requests         8                1,000                8,000

  Subtotal                 112                                   9,240

  Minor Facilities                                               

  Routine requests         42               5                    210

  Totals:                  154                                   9,450
  ------------------------ ---------------- -------------------- -----------------

Based on the calculations above, EPA estimates that the total annual
burden to municipal f**acilities** for **Section 308 Requests** is
**9,450 hours**. In addition, 50% of POTWS that receive complex requests
pay contract laboratories to conduct the tests.

**Form 2B**

EPA estimates that respondents will spend six (6) hours reading the
instructions, gathering the necessary information, and completing and
mailing Form 2B. The Agency estimates that there are 245 aquatic animal
production facilities. CAFOs are covered under the January 2003
rule-related ICR. From PCS it is estimated that 23 percent of aquatic
animal production facilities file for general permits. Of the remaining
189 aquatic animal production facilities, on average one-fifth of these
facilities will file an application annually (i.e., 38). At 6 hours per
respondent, the estimated annual burden for **Form 2B** is **228
hours**.

**Form 2C**

EPA estimates form 2C requires approximately 33 hours to complete.

PCS reports 39,910 existing non-municipal facilities. Of these, 2,794
are animal feeding and aquatic production facilities, which must
complete Form 2B (see discussion above). Therefore, 37,116 facilities
must submit either Form 2C or Form 2E. Those that discharge process
wastewater use Form 2C, and those that discharge nonprocess wastewater
use Form 2E. EPA assumes that 65 percent of these facilities discharge
process wastewater, yielding 24,125 facilities subject to the
requirements of Form 2C. If one‑fifth (0.2) of all permittees file
applications each year, the annual number of respondents is 4,825.
Assuming that each respondent spends 33 hours preparing the form, EPA
estimates the annual burden for **Form 2C** to be **159,225 hours**.

This ICR does not separate the burden for major and minor facilities.
The burden will probably be lower for minor facilities because
facilities monitor only for pollutants believed to be present. Minor
facilities typically discharge fewer pollutants than majors.

**Form 2D**

EPA estimates that major new facilities will spend 46 hours completing
Form 2D, and minor facilities will spend 32 hours. The following table
summarizes burden estimates for particular activities associated with
Form 2D.

The Agency estimates that 40 new major non-municipal facilities and 460
new minor facilities will apply for permits each year. Of the minor
facilities, EPA estimates that 70 percent will discharge process
wastewater. This yields an estimated 40 respondents filing Form 2D as
new major facilities and 322 completing Form 2D as new minor facilities.
(The remaining 138 minor new facilities use Form 2E.) The estimated
annual burden for **Form 2D** is 1,840 hours for major new facilities
and 10,304 hours for minor new facilities, or **12,144 hours**
altogether.

[]{#__RefHeading___Toc137696034 .anchor}Table 8. Form 2D Applicant
Burden

  ------------------------------------ ----------------- -----------------
  **Activity**                         **Burden (Hrs.)   **Burden (Hrs.)
                                       for Major New     for Minor New
                                       Facility**        Facility**

  Read Form and Instructions           8                 2

  Gather General File Information      2                 4

  Prepare Graphics Materials           2                 2

  Obtain Engineering Data (estimates)  2                 4

  Type the Information                 13                3

  Review by Management                 5                 6

  Transmit the Application             2                 3

  Sample and Analyze Discharge After   12                8
  Operation Begins                                       

  Total Burden per Respondent:         46                32
  ------------------------------------ ----------------- -----------------

**Additional NPDES Application Requirements for Non-municipal
Dischargers (Section 308 Request)**

Because requests for supplemental information vary in complexity, this
ICR calculates burden according to the complexity of the request. EPA
estimates that facilities spend 5 hours responding to routine requests.
This includes 1 hour to read and understand the request, 2 hours to
obtain information, and 2 hours to write a response. Requests of medium
complexity require, on average, 50 hours.

EPA may request supplemental information from a facility at any time.
Generally, facilities are more likely to receive Section 308 Requests
when they apply or re-apply for permits than at other times. Therefore,
this ICR divides non-municipal respondents into two categories: those
that are applying for permits in a particular year, and those that are
not. Since permits typically last 5 years, one-fifth of all facilities
apply for permits each year.

The Agency assumes that 5 percent of the major non-municipals receive
requests when they apply for permits, and 10 percent of the remaining
receive requests at other times. Of the minor non-municipals, 1 percent
receive requests when they apply for permits and 1 percent of the
remaining receive requests at other times. The following table
summarizes the number of non-municipal respondents for these requests.

[]{#__RefHeading___Toc137696035 .anchor}Table 9. Annual Non-municipal
Applicant Respondents for Section 308 Requests

  ----------------- ------------ ------------ -------------- -------------
  **Respondent      **Total      **Applying   **Not Applying **Total
  Type**            Existing**   Annually**   (Annual)**     Annual**

                                 **(a)**      **(B)**        **(a) + (B)**

  Major Facility    2,346        23           45             68

  Minor Facility    37,564       75           74             149

                                                             

  Total             39,910                                   217
  Respondents:                                               
  ----------------- ------------ ------------ -------------- -------------

The following table calculates the burden for each group of respondents
based on the complexity of the request, and it calculates the total
annual burden. It also estimates the number of facilities responding to
routine and medium requests.

[]{#__RefHeading___Toc137696036 .anchor}Table 10. Total Annual Applicant
Burden to Non-Municipal Facilities for Section 308 Requests

  ------------------------ --------------- ------------------ -----------------
  **Respondent/Request**   **Respondents   **Burden (Hrs.)    **Total Annual
                           Per Year**      Per Respondent**   Burden (Hrs.)**

                           **(a)**         **(B)**            **(a) \* (B)**

  Major Facilities                                            

  Routine requests         45              5                  225

  Medium requests          23              50                 1,150

  Subtotal                 68                                 1,375

  Minor Facilities                                            

  Routine requests         149             5                  745

  Total:                   217                                2,120
  ------------------------ --------------- ------------------ -----------------

Based on the calculations above, EPA estimates that the total annual
burden to **non-municipal facilities** for **Section 308** requests is
**2,120 hours**. In addition, 25% percent of major non-municipal
facilities that receive medium requests pay contract laboratories to
conduct the tests.

**Form 2E**

EPA estimates that applicants---non-municipal facilities that discharge
nonprocess wastewater---will spend 14 hours completing Form 2E. The
table below estimates the burden for specific activities associated with
Form 2E.

[]{#__RefHeading___Toc137696037 .anchor}Table 11. Form 2E Applicant
Respondent Burden

  ----------------------------------------------------- -----------------
  **Activity**                                          **Burden (Hrs.)**

  Read Form and Instructions                            1

  Gather General Information                            2

  Obtain or Estimate Engineering Data                   2

  Sample and Analyze or Estimate Pollutants in          4
  Discharge                                             

  Type Information                                      1

  Review by Management                                  2

  Transmit Application                                  2

  Total Burden per Respondent:                          14
  ----------------------------------------------------- -----------------

EPA and PCS reports 39,910 existing non-municipal facilities. Of these,
2,794 are animal feeding and aquatic production facilities, which must
complete Form 2B. Therefore, 37,116 facilities must submit either Form
2C or Form 2E. Those that discharge process wastewater use Form 2C, and
those that discharge nonprocess wastewater use Form 2E. EPA assumes that
35 percent of these facilities discharge nonprocess wastewater, creating
12,991 existing facilities subject to the requirements of Form 2E. If
one-fifth of all existing permittees file applications each year, the
annual number of respondents is 2,598. Assuming that each of these
respondents spends 14 hours preparing the form, EPA estimates the annual
burden to existing facilities to be 36,372 hours.

To this figure, the Agency adds new non-municipal facilities that
discharge nonprocess wastewater. EPA estimates that 138 new
non-municipal facilities will file Form 2E each year. The total annual
burden to these facilities will be 1,932 hours.

Adding the burden for existing facilities and new facilities, EPA
calculates that the total annual burden to **Form 2E** respondents will
be **38,304 hours**.

**Form 2F**

On average, respondents will spend 28.6 hours completing Form 2F. The
following table estimates the burden for specific activities required by
Form 2F.

[]{#__RefHeading___Toc137696038 .anchor}Table 12. Form 2F Applicant
Respondent Burden

  --------------------------------------------------------- -------------
  **Activity**                                              **Burden
                                                            (Hrs.)**

  Prepare Site Map                                          1

  Describe Significant Materials                            1

  Certify That All Outfalls Have Been Tested for Non-Storm  5.6
  Water Discharges                                          

  Gather Existing Information on Spills and Leaks           1

  Sample and Analyze Wastewater for Pollutants              20

  Total Burden per Respondent:                              28.6
  --------------------------------------------------------- -------------

EPA estimates that 122,000 facilities have stormwater discharges
associated with industrial activities and must apply for NPDES permits.
The Agency bases its estimate on the number of NOIs received for
stormwater general permits by EPA and the states, number of group
applicants, and the total number of 2Fs received.

Of these 122,000 dischargers, very few have or will apply for individual
stormwater permits due to the availability of less burdensome options
(i.e., general permits). PCS indicates that there are only 457
facilities with industrial stormwater permits. Dividing this number by
the five permit years, gives approximately 91 individual applicants per
year. The estimated annual burden for **Form 2F** facilities is **2,603
hours**.

**Form 2S**

EPA estimates that respondents will spend 8.7 hours completing Form 2S
based on the analysis conducted in the 1999 ICR. The annual number of
4,446 respondents consists of publicly owned treatment works (POTWS) and
privately owned treatment works renewing their NPDES permits, new
sludge-only facilities submitting limited background information (Part 1
of Form 2S), and sludge-only facilities requested by the permitting
authority to submit a permit application (Part 2). This ICR assumes that
permits issued to these respondents will be up for renewal and that on
average, one-fifth of these total respondents will respond annually. EPA
assumes that one-fifth of all other existing facilities will reapply
annually.

Utilizing the burden estimate of 8.7 hours per respondent and the
estimated annual number of respondents, EPA anticipates 4,446 annual
respondents with a total annual burden for **Form 2S** of **38,680
hours**.

[]{#__RefHeading___Toc137696039 .anchor}Table 13. Form 2S Applicant
Burden per Respondent by Section (Hours)

  -------------------- ----------- -------- --------- -------- -------- --------
  **Activity**         **Section                                        
                       Burden**                                         

                       **Part 1**  **Part   **Part 2, **Part   **Part   **Part
                                   2, a**   B**       2, C**   2, D**   2, E**

  Review Form          1           0.5      1         1.5      1.5      1.5

  Gather Information   1           1.1      1.3       2        2.5      2.5

  Record Information   0.5         0.7      1         1.5      1.5      1.5
  on Form                                                               

  Total                2.5         2.3      3.3       5        5.5      5.5
  -------------------- ----------- -------- --------- -------- -------- --------

**NOI-Stormwater (MSGP Applicants**)

EPA estimates that respondents will spend approximately 1.5 hours
completing the NOI‑Stormwater form, except for those facilities covered
by an EPA issued permit which will spend 3.7 hours. EPA estimates that
only 10% of applicants will be covered by EPA issued permits, therefore
the weighted average time spent will be 1.72 hours. EPA estimated the
number of industrial facilities (16,350) that would re-apply for
coverage under the modified MSGP per year based on 1990 U.S. Census
Bureau estimates (1990 US population 252,510,216). Scaling that number
up based on 2006 U.S. Census projections[^11] (2006 US population
298,217,215) provides an estimate of 19,310 respondents per year.
Respondent burden is therefore 33,213 hours to fill out the form.

Facilities completing an NOI with regard to industrial activity must
develop a SWPPP. The SWPPP is a one-time development activity and
existing facilities have already developed them. Therefore, in this ICR
EPA assumes that the 520 new non-municipal applicants a year will be
required to develop SWPPPs Despite the fact that components of a SWPPP
are similar, facility design, size and function, as well as the level of
effort involved, will vary for each facility. As such, EPA identified a
Atypical@ respondent and then estimated the burden for that respondent
to prepare a SWPPP. Respondent burden estimates for SWPPP preparation
activities are provided in the table below. EPA estimates the average
time for a respondent to develop a SWPPP is 80 hours.

[]{#__RefHeading___Toc137696040 .anchor}Table 14. Burden for SWPPP

  --------------------------------------------------------- -------------
  Read regulations                                          8

                                                            

  Select Team                                               2

                                                            

  Describe Sources                                          

  a\. drainage map                                          8

  b\. inventory of exposed materials                        4

  c\. list of significant spills/leaks                      1

  d\. certification of non-storm water                      2

  e\. sampling data summary                                 2

  f\. summary of potential sources                          3

                                                            

  Measures and Controls                                     

  a\. good housekeeping                                     6

  b\. preventative maintenance                              8

  c\. inspections                                           6

  d\. employee training                                     6

  e\. sediment and erosion control                          8

  f\. runoff management                                     8

  Comprehensive Site Evaluation                             

  a\. determine scope and content                           8

                                                            

  SWPPP SUBTOTAL                                            80
  --------------------------------------------------------- -------------

At 80 hours per respondent and an estimated 520 respondents, the
estimated annualized burden for SWPPP is 41,600 hours. Altogether, the
estimated annual burden for the **NOI‑Stormwater** and **SWPPP** is
**74,813** hours.

**Uniform Federal Transportation/Utility System Application (Alaskan
Lands Application)**

EPA estimates that the average respondent can complete the Alaskan Lands
Application is 30 hours. When preparing this estimate, EPA considered
the potential variation among applicants; depending on the nature and
location of the proposed facility, a respondent may spend much longer
preparing the form.

The Agency further estimates that three (3) respondents will file this
application each year, yielding **90 hours** expected annual burden.

**Application for Large and Medium Municipal Separate Storm Sewer
Systems (MS4s)**

There are a total of 1,018 large and medium municipal separate storm
sewer systems (MS4s). It is assumed that one-fifth of them will be
submitting applications per year (204). It is assumed that 50% of the
MS4s that are responding in any given year will be large MS4s and 50%
will be medium MS4s (102 large, 102 medium).

Large MS4s will spend more time preparing applications for their
stormwater discharges than medium MS4s. EPA estimates that an average
large system will spend 4,432.4 hours completing an application; a
medium system will spend 2,812.9 hours completing one. The following
table estimates the burden for particular activities associated with the
application.

Based on these figures, EPA calculates that the total annual burden for
large MS4s is 452,105 hours and for medium MS4s is 286,916 hours, for an
altogether **MS4** total annual burden of **739,021 hours**.

[]{#__RefHeading___Toc137696041 .anchor}Table 15. Applicant Respondent
Burden for Applications for Municipal Separate Storm Sewer Systems

  -------------- --------------------------------------- ------------- -------------
  **Activity**                                           **Burden      **Burden
                                                         (Hrs.) for    (Hrs.) for
                                                         Large         Medium
                                                         System**      System**

                                                                       

  Part 1                                                               

                 Provide General Information             0.5           0.5

                 Describe Legal Authority                0.5           0.5

                 Identify Sources                        40            40

                 Characterize Discharges                 40            40

                 Perform Field Screening Analysis (dry   430           215
                 weather sampling)                                     

                 Develop Characterization Plan           2.2           2.2

                 Describe Existing Management Programs   2.2           2.2

                 Part 1 Subtotal                         515.4         300.4

  Part 2                                                               

                 Demonstrate Adequate Legal Authority    40            40

                 Supplement Source Identification        80            50
                 Information                                           

                 Analyze Representative Storm Sample     1,749         874.5

                 Estimate Collective Annual Pollutant    40            40
                 Load from All Outfalls                                

                 Propose a Schedule to Update            8             8
                 Topographic Map to Include Seasonal                   
                 Pollutant Load for Each Major Outfall                 

                 Develop a Management Program            2,000         1,500

                 Part 2 Subtotal                         3,917         2,513

                                                                       

  Total Burden                                           4,432.4       2,812.9
  per                                                                  
  Respondent:                                                          
  -------------- --------------------------------------- ------------- -------------

N**otice of Intent (NOI)**

EPA estimates that respondents will spend, on average, one (1) hour to
file a Notice of Intent for general permit.

PCS data indicate that 42,540 general permittees exist. EPA assumes that
none of these general permits apply to stormwater discharges. One-fifth
of the existing permittees, or 8,508 respondents, will file NOIs each
year. Each of these respondents will spend 1 hour filing the **NOI**, so
the estimated annual burden to these respondents is **8,508 hours**.

When calculating the burden to respondents for NOIs, this ICR does not
include sludge management facilities seeking coverage under general
permits. Although general permits may be used to control sludge use or
disposal, general permits of this kind are rare. Consequently, EPA does
not yet have sufficient information to determine the burden to sludge
management facilities. When EPA is better able to estimate the number of
facilities potentially covered by general permits, it may revise this
ICR accordingly.

**Petitions for Individual Permit**

Based on information supplied by contractors, EPA estimates that an
average petition requires 40 hours to prepare.

There are two types of petitions. Both types may be submitted by MS4s,
and one may be submitted by anyone. Municipal sewer systems may petition
permitting authorities to require dischargers using their systems to
obtain individual permits. Anyone may petition authorities to require an
individual permit for a stormwater discharge that contributes to water
quality violations or is a significant contributor of pollutants. For
purposes of simplicity, this ICR assumes that all petitions are
submitted by MS4s.

EPA anticipates that it will receive 24 petitions each year over the
next three years. The Agency estimates that 10 of these petitions will
come from large MS4s each year, and the remaining 14 will come from
medium MS4s.

Thus, the total annual burden is 400 hours for large MS4s and 560 hours
for medium MS4s. The estimated total annual burden to all respondents
**petitioning for an individual permit** is **960 hours**.

**Permit Consolidation Request**

Facilities that must obtain permits for more than one EPA program may
request that their permit application processes be consolidated. EPA
estimates that a facility will spend two (2)hours writing, typing,
editing, and mailing a request. Based on past experience, the Agency
anticipates that 100 facilities will file **Permit Consolidation
Requests** each year; hence, the total estimated annual burden for this
information collection is **200 hours**.

**Notification of Construction**

EPA estimates that an average respondent will spend one (1) hour reading
regulations and preparing a letter notifying EPA of unauthorized
construction. The Agency also estimates that three (3) facilities will
report construction violations each year. Thus, the total estimated
annual burden is **3 hours**.

**Ocean Discharge Information**

Permittees generally hire environmental consultants to conduct ocean
discharge studies. These studies may include site surveys, effluent
monitoring, field monitoring, and data analysis. Field monitoring may
require scuba diving and the help of a marine biologist. This ICR
includes consultant labor hours in its estimates of respondent burden.
The Agency estimates that a respondent will spend 778 hours supplying
Ocean Discharge information. Burden estimates are based on EPA\'s
experience with field monitoring programs in ocean dumping and NPDES
permit monitoring. The following table calculates the average amount of
time a respondent will spend preparing ocean discharge information.

Based on permit issuance estimates, EPA believes that approximately 30
permittees will be require to submit ocean discharge information each
year. Assuming 30 respondents spend an average of 778 hours supplying
this information each year, the estimated total annual burden for this
information request is **23,340 hours**.

**Notice of Termination (NOT)**

EPA estimates that on average, general permittees will spend 0.5 hours
filling out a notice of termination (NOT). EPA estimates that
nationwide, there will be an annual average of 157,500 construction
starts of five acres or more in 2006, 2007, and 2008. This number was
calculated based on permittee data from 2004 and communication with EPA
and state permitting authorities. EPA estimates approximately 100,000
NOIs are received annually by all NPDES permitting authorities combined.
Based on communication with EPA Regional offices, the Agency estimates a
non-filer rate of approximately 60 percent for this industry. This
equates to a total regulated universe of 250,000 construction sites
annually disturbing greater than one acre of land. Based on the Economic
Analysis (EA) for the Final Phase II Stormwater Rule, approximately 63
percent of construction sites disturb five acres or above. The Agency
believes this estimate provides a reasonable estimate of the universe of
large construction activities regulated by the NPDES program for the
next three year period. It is assumed that they will all submit an NOT.
Based on the previous ICR EPA estimates that 6,857 MSGP NOTs will be
filed annually.

With an estimated filing burden of 0.5 hours, EPA estimates that
**78,750 hours** will be incurred by construction general permittees
filing NOTs annually while **3,429 hours** will be incurred by MSGP
permittees filing NOTs annually.

[]{#__RefHeading___Toc137696042 .anchor}Table 16. Annual Applicant
Respondent Burden

  ----------------------------------------------------------------------------
  **Information Collection Activity**  **Respondents   **Burden    **Burden
                                       (Per Year)**    Hours Per   (Total
                                                       Task**      Hours)**
  ------------------------------------ --------------- ----------- -----------
  **Recordkeeping:**                                               

  Existing POTWs                       3,001           1.0         3,001

  Existing Facilities (Non-Municipal)  7,982           1.0         7,982

  Major New Non-Municipal Facilities   40              5.0         200

  MS4s                                 204             5.0         1,020

  Minor New Non-Municipal Facilities   520             1.5         780
  and Individual SW Permits                                        

  Sludge Only Facilities (Municipal)   853             1.5         1,280

  Sludge Only Facilities               107             1.5         161
  (Non-municipal)                                                  

  NOI-IA's SWPPP                       19,310          1.5         28,965

  **Applicant Recordkeeping Subtotal** 32,017                      43,388

  **Form 1:**                                                      

  New Facilities                       520             3           1,560

  Existing Facilities                  7,982           1           7,982

  **Form 2A:**                                                     

  POTWs ≽1.0 MGD                       918             23.3        21,392

  POTWs 0.1 - 1.0 MGD                  1,304           5.6         7,241

  POTWs ≺0.1 MGD                       779             4.7         3,664

  **Sec. 308 Requests - Major                                      
  Municipals:**                                                    

  Routine                              88              5           440

  Medium                               16              50          800

  Complex                              8               1,000       8,000

  **Sec. 308 Requests - Minor                                      
  Municipals:**                                                    

  Routine                              42              5           210

  **Form 2B:**                         38              6           228

  **Form 2C:**                         4,825           33          159,225

  **Form 2D:**                                                     

  Major New Facilities                 40              46          1,840

  Minor New Facilities                 322             32          10,304

  **Sec. 308 Requests - Major                                      
  Non-Municipal:**                                                 

  Routine                              45              5           225

  Medium                               23              50          1,150

  **Sec. 308 Requests - Minor                                      
  Non-Municipal:**                                                 

  Routine                              149             5           745

  **Form 2E:**                                                     

  New Facilities                       138             14          1,932

  Existing Facilities                  2,598           14          36,372

  **Form 2F:**                         91              28.6        2,603

  **Form 2S:**                                                     

  NPDES-POTWs (public)                 3,001           8.7         26,109

  NPDES-PrOTWs (private)               485             8.7         4,220

  Sludge Only-POTWs (new)              853             8.7         7,421

  Sludge Only-POTWs (required to       107             8.7         931
  submit)                                                          

  **NOI-Storm water:**                                             

  NOI Storm water Form                 19,310          1.72        33,213

  SWPPP                                520             80          41,600

  **Alaskan Lands:**                   3               30          90

  **MS4s:**                                                        

  Large                                102             4432.4      452,105

  Medium                               102             2812.9      286,916

  **NOI: (non storm water)**           8,508           1           8,508

  **Petition for Individual Permit:**  24              40          960

  **Permit Consolidation:**            100             2           200

  **Notice of Construction:**          3               1           3

  **Ocean Discharge:**                 30              778         23,340

  **Notice of Termination (NOT)**                                  

  Construction                         157,500         0.5         78,750

  MSGP (Industrial - Storm water)      6,857           0.5         3,429

  **Applicant Respondent Subtotal**    249,448                     1,277,094
  ----------------------------------------------------------------------------

### 6(a)(ii). Estimating State Respondent Burden

EPA estimates that the state government will spend approximately
**79,915 hours** reviewing application information each year.

Table 17 calculates the estimated burden to state governments for
handling and reviewing application information discussed in this ICR.
Because most state governments have authority for the NPDES programs,
state governments will incur the majority of the burden and costs. There
are, however, some exceptions to this rule: the federal government will
always process Form 2D, Alaskan Lands Applications, and construction
notifications. As a result, the burden and costs for these activities
will belong to the federal government exclusively.

Estimates of the burden do not include analysis of the data, since this
activity is associated with preparation and issuance of the permit. As
Table 16 indicates, the burden ranges from 60 hours (for NOI) to 0.5
hours (for Ocean Discharge Information).

[]{#__RefHeading___Toc137696043 .anchor}Table 17. Annual State
Respondent Burden[^12]

  -------------------------------------------------------------------------------------
  **Information Collection        **Respondents   **Respondents   **Burden   **Burden
  Activity**                      (Per Year)**    to State**      Hours Per  (Total
                                                                  Task**     Hours)**
  ------------------------------- --------------- --------------- ---------- ----------
  **Form 1:**                                                                

  New Facilities                  520             491             0.5        246

  Existing Facilities             7,982           7,535           0.5        3,768

  **Form 2A:**                                                               

  POTWs ≽1.0 MGD                  918             867             2          1,734

  POTWs 0.1 - 1.0 MGD             1,304           1,231           2          2,462

  POTWs ≺0.1 MGD                  779             735             2          1,470

  **Sec. 308 Requests - Major                                                
  Municipals:**                                                              

  Routine                         88              83              1          83

  Medium                          16              15              10         150

  Complex                         8               8               20         160

  **Sec. 308 Requests - Minor                                                
  Municipals:**                                                              

  Routine                         42              40              1          40

  **Form 2B:**                    38              36              0.5        18

  **Form 2C:**                    4,825           4,555           2          9,110

  **Form 2D:**                                                               

  Major New Facilities            40              0               0.5        \-

  Minor New Facilities            322             0               0.5        \-

  **Sec. 308 Requests - Major                                                
  Non-Municipal:**                                                           

  Routine                         45              42              1          42

  Medium                          23              22              10         220

  **Sec. 308 Requests - Minor                                                
  Non-Municipal:**                                                           

  Routine                         149             141             1          141

  **Form 2E:**                                                               

  New Facilities                  138             130             0.5        65

  Existing Facilities             2,598           2,453           0.5        1,227

  **Form 2F:**                    91              86              2.2        189

  **Form 2S:**                                                               

  Part 1 only                     515             89              0.67       60

  Full Application                3,931           676             1.42       960

  **NOI-Storm water:**                                                       

  NOI Storm water Form            19,310          18,229          0.25       4,557

  SWPPP                           520             491             0.25       123

  **Alaskan Lands:**              3               0               0.6        \-

  **MS4s:**                                                                  

  Large                           102             96              60         5,760

  Medium                          102             96              40         3,840

  **NOI: (non storm water)**      8,508           8,032           0.25       2,008

  **Petition for Individual       24              23              8          184
  Permit:**                                                                  

  **Permit Consolidation:**       100             94              0.5        47

  **Notice of Construction:**     3               0               0.6        \-

  **Ocean Discharge:**            30              28              88         2,464

  **Notice of Termination (NOT)**                                            

  Construction                    157,500         148,680         0.25       37,170

  MSGP (Industrial - Storm water) 6,857           6,473           0.25       1,618

  **Applicant Respondent          249,448                                    79,915
  Subtotal**                                                                 

  Estimates are based on the                                                 
  distribution assumptions made                                              
  in 1999 and 2003, but with                                                 
  current PCS data.                                                          
  -------------------------------------------------------------------------------------

### 6(a)(iii). Total Respondent Burden

As detailed in Tables 16 and 17, EPA estimates the **total respondent
burden** to be **1,357,009 hours**.

## 6(b). ESTIMATING RESPONDENT COST

### 6(b)(i). Estimating Applicant Respondent Cost

Applicant respondent costs are a function of labor costs and
testing/contractor costs. The testing/contractor costs are summarized in
Table 20. Table 21 shows the estimated cost to applicant respondents for
providing all information discussed in this ICR. Based on the
calculations in Table 21, EPA estimates that the **total annual cost to
applicant respondents** is approximately **\$45,612,936**.

Most calculations in the ICR account for labor costs only. Respondents
will not be required to pay for capital equipment to respond to the
information requests. The ICR does, however, account for
testing/contractor costs incurred by respondents that must collect
additional data. Note, respondents who already have the required
effluent testing information on hand, either because they monitored for
the compounds during the term of their permits or because they are
already required by the permitting authority to provide the information,
are not required to retest. Therefore, this ICR does not reflect costs
for respondents with existing data. Assumptions and estimates for these
O&M costs (i.e., testing/contractor costs) are detailed in Tables 20 and
21.

[]{#__RefHeading___Toc137696044 .anchor}Table 18. Estimate of Form 2A
Facilities That Currently Do Not Test

  ------------- --------------- ------------------- --------- ------------------- --------- ------------ --------- ----------------- ---------
  **Facility    **Annual \# of  **Basic                       **Additional                  **Priority             **Multiple        
  Type**        Respondents**   Conventional And              Conventional and              Pollutants             Species           
                                Nonconventional**             Nonconventional**             and State              Biomonitoring**   
                                                                                            WQS**                                    

                                \% currently        \# not    \% currently        \# not    \% currently \# not    \% currently      \# not
                                testing             testing   testing             testing   testing      testing   testing           testing

  ≺0.1 MGD, no  737             60%                 295                                                                              
  priority                                                                                                                           
  pollutants.                                                                                                                        

  0.1-1.0 MGD,  1,304           80%                 261       80%                 261                                                
  no priority                                                                                                                        
  pollutants.                                                                                                                        

  Minors, with  42              85%                 6         85%                 6         50%          21        85%               6
  priority                                                                                                                           
  pollutants.                                                                                                                        

  Majors, no    910             85%                 137       85%                 137       10%          819       75%               228
  priority                                                                                                                           
  pollutants.                                                                                                                        

  Majors, with  8               90%                 1         90%                 1         70%          2         85%               1
  priority                                                                                                                           
  pollutants.                                                                                                                        

  Total minors  2,083                               562                           267                    21                          6

  Total majors  918                                 138                           138                    821                         229
  ------------- --------------- ------------------- --------- ------------------- --------- ------------ --------- ----------------- ---------

[]{#__RefHeading___Toc137696045 .anchor}Table 19. Estimate of Form 2S
Facilities That Currently Do Not Test

  --------------- --------------------- ------------------- ---------------
  **Facility      **Annual \# of        **Basic             
  Type**          Respondents**         Conventional and    
                                        Nonconventional**   

                                        **% currently       **\# not
                                        testing**           testing**

  NPDES POTWs     3,001                 95%                 150

  NPDES PrOTWs    485                   95%                 24

  Sludge Only     853                   50%                 427
  POTWs                                                     

  Sludge Only     107                   50%                 54
  PrOTWs                                                    
  --------------- --------------------- ------------------- ---------------

[]{#__RefHeading___Toc137696046 .anchor}Table 20. Testing/Contractor
Costs (O&M Costs)

  ------------------------- ----------------- ---------- ------------- ----------------
                            **Respondents**   **Tests/   **Cost Per    **Total \$**
                                              Year**     Test (\$)**   

  **Form 2A**                                                          

  Basic conventional and    700               3          \$100.00      \$210,000.00
  nonconventional                                                      

  Additional conventional   405               3          \$200.00      \$243,000.00
  and nonconventional                                                  

  Priority Pollutants/state 842               3          \$1,150.00    \$2,904,900.00
  WQS                                                                  

  Multiple Species          235               1          \$8,000.00    \$1,880,000.00
  Biomonitoring                                                        

  **Form 2S**                                                          

  NPDES and sludge-only     655               1          \$200.00      \$131,000.00
  facilities                                                           

  **Section 308 Requests**                                             

  Municipal (complex)       4                 1          \$1,150.00    \$4,600.00

  Non-municipal (medium)    6                 1          \$1,000.00    \$6,000.00

  **Total**                                                            \$5,379,500.00
  ------------------------- ----------------- ---------- ------------- ----------------

When calculating applicant respondent costs, EPA makes the following
assumptions:

-   The average hourly rate for municipal employees as determined by the
    U.S. Department of Labor, Bureau of Labor Statistics is \$25.13
    (including overhead). Updated rates are derived from U.S. Department
    of Labor, Bureau of Labor Statistics in a table entitled *May 2005
    National Industry-Specific Occupational Employment and Wage
    Estimates* and adjusted to a 2006 dollars using the March 2006
    ECI.[^13]

-   EPA assumes the average hourly rate in the private sector is \$43.48
    as determined by the U.S. Department of Labor, Bureau of Labor
    Statistics, Total Compensation for Management, professional, and
    related in 2006 dollars. *Employer Costs for Employee Compensation,
    Table 5- Employer costs per hour worked for employee compensation
    and costs as a percent of total compensation: State and local
    government workers, by occupational and industry group, December
    2005.*

[]{#__RefHeading___Toc137696047 .anchor}Table 21. Applicant Respondent
Costs

  --------------------------------------------------------------------------------
  **Information Collection Activity**    **Burden    **Respondent   **Respondent
                                         (Total      Labor Rate**   Costs**
                                         Hours)**                   
  -------------------------------------- ----------- -------------- --------------
  **Recordkeeping:**                                                

  Existing POTWs                         3,001       \$25.13        \$75,415

  Existing Facilities (Non-Municipal)    7,982       \$43.48        \$347,057

  Major New Non-Municipal Facilities     200         \$43.48        \$8,696

  MS4s                                   1,020       \$25.13        \$25,633

  Minor New Non-Municipal Facilities and 780         \$43.48        \$33,914
  Individual SW Permits                                             

  Sludge Only Facilities (Municipal)     1,280       \$36.55        \$46,766

  Sludge Only Facilities (Non-municipal) 161         \$43.48        \$6,979

  NOI-IA's SWPPP                         28,965      \$43.48        \$1,259,398

  **Applicant Recordkeeping Subtotal**   43,388                     \$1,803,858

                                                                    

  **Form 1:**                                                       

  New Facilities                         1,560       \$25.13        \$39,203

  Existing Facilities                    7,982       \$25.13        \$200,588

  **Form 2A:**                                                      

  POTWs ≽1.0 MGD                         21,392      \$25.13        \$537,581

  POTWs 0.1 - 1.0 MGD                    7,241       \$25.13        \$181,966

  POTWs ≺0.1 MGD                         3,664       \$25.13        \$92,076

  Testing/Contract Cost                                             \$5,237,900

  **Sec. 308 Requests - Major                                       
  Municipals:**                                                     

  Routine                                440         \$25.13        \$11,057

  Medium                                 800         \$25.13        \$20,104

  Complex                                8,000       \$25.13        \$201,040

  Testing/Contract Cost                                             \$4,600

  **Sec. 308 Requests - Minor                                       
  Municipals:**                                                     

  Routine                                210         \$25.13        \$5,277

  **Form 2B:**                           228         \$43.48        \$9,913

  **Form 2C:**                           159,225     \$43.48        \$6,923,103

  **Form 2D:**                                                      

  Major New Facilities                   1,840       \$43.48        \$80,003

  Minor New Facilities                   10,304      \$43.48        \$448,018

  **Sec. 308 Requests - Major                                       
  Non-Municipal:**                                                  

  Routine                                225         \$43.48        \$9,783

  Medium                                 1,150       \$43.48        \$50,002

  Testing/Contract Cost                                             \$6,000

  **Sec. 308 Requests - Minor                                       
  Non-Municipal:**                                                  

  Routine                                745         \$43.48        \$32,393

  **Form 2E:**                                                      

  New Facilities                         1,932       \$43.48        \$84,003

  Existing Facilities                    36,372      \$43.48        \$1,581,455

  **Form 2F:**                           2,603       \$43.48        \$113,161

  **Form 2S:**                                                      

  NPDES-POTWs (public)                   26,109      \$25.13        \$656,112

  NPDES-PrOTWs (private)                 4,220       \$25.13        \$106,036

  Sludge Only-POTWs (new)                7,421       \$25.13        \$186,492

  Sludge Only-POTWs (required to submit) 931         \$25.13        \$23,394

  Testing/Contract Cost                                             \$131,000

  **NOI-Storm water:**                                              

  NOI Storm water Form                   33,213      \$43.48        \$1,444,110

  SWPPP                                  41,600      \$43.48        \$1,808,768

  **Alaskan Lands:**                     90          \$43.48        \$3,913

  **MS4s:**                                                         

  Large                                  452,105     \$25.13        \$11,361,394

  Medium                                 286,916     \$25.13        \$7,210,194

  **NOI: (non storm water)**             8,508       \$43.48        \$369,928

  **Petition for Individual Permit:**    960         \$43.48        \$41,741

  **Permit Consolidation:**              200         \$43.48        \$8,696

  **Notice of Construction:**            3           \$43.48        \$130

  **Ocean Discharge:**                   23,340      \$43.48        \$1,014,823

  **Notice of Termination (NOT)**                                   

  Construction                           78,750      \$43.48        \$3,424,050

  MSGP (Industrial - Storm water)        3,429       \$43.48        \$149,071

  **Applicant Respondent Subtotal**      1,277,094                  \$45,612,936
  --------------------------------------------------------------------------------

### 6(b)(ii). Estimating State Respondent Costs

State respondent costs are a function of labor costs. When calculating
state respondent costs, EPA assumes the average hourly rate for state
employees as determined by the U.S. Department of Labor, Bureau of Labor
Statistics is \$36.55 (including benefits) in 2006 dollars. Updated
rates are derived from *Employer Costs for Employee Compensation, Table
4- Employer costs per hour worked for employee compensation and costs as
a percent of total compensation: State and local government workers, by
occupational and industry group, December 2005.*

Cost for each information collection activity are detailed in Table 22.
This Table utilizes the burden hours as detailed in Table 17 and hourly
rate of \$36.55

[]{#__RefHeading___Toc137696048 .anchor}Table 22. Annual State
Respondent Costs

  ------------------------------------------------------------------------
  **Information Collection Activity**       **Burden\      **State Cost**
                                            (Total         
                                            Hours)**       
  ----------------------------------------- -------------- ---------------
  **Form 1:**                                              

  New Facilities                            246            \$8,973

  Existing Facilities                       3,768          \$137,702

  **Form 2A:**                                             

  POTWs ≽1.0 MGD                            1,734          \$63,378

  POTWs 0.1 - 1.0 MGD                       2,462          \$89,986

  POTWs ≺0.1 MGD                            1,470          \$53,729

  **Sec. 308 Requests - Major Municipals:**                

  Routine                                   83             \$3,034

  Medium                                    150            \$5,483

  Complex                                   160            \$5,848

  **Sec. 308 Requests - Minor Municipals:**                

  Routine                                   40             \$1,462

  **Form 2B:**                              18             \$658

  **Form 2C:**                              9,110          \$332,971

  **Form 2D:**                                             

  Major New Facilities                      \-             \$-

  Minor New Facilities                      \-             \$-

  **Sec. 308 Requests - Major                              
  Non-Municipal:**                                         

  Routine                                   42             \$1,535

  Medium                                    220            \$8,041

  **Sec. 308 Requests - Minor                              
  Non-Municipal:**                                         

  Routine                                   141            \$5,154

  **Form 2E:**                                             

  New Facilities                            65             \$2,376

  Existing Facilities                       1,227          \$44,829

  **Form 2F:**                              189            \$6,915

  **Form 2S:**                                             

  Part 1 only                               60             \$2,179

  Full Application                          960            \$35,085

  **NOI-Storm water:**                                     

  NOI Storm water Form                      4,557          \$166,567

  SWPPP                                     123            \$4,487

  **Alaskan Lands:**                        \-             \$-

  **MS4s:**                                                

  Large                                     5,760          \$210,528

  Medium                                    3,840          \$140,352

  **NOI: (non storm water)**                2,008          \$73,392

  **Petition for Individual Permit:**       184            \$6,725

  **Permit Consolidation:**                 47             \$1,718

  **Notice of Construction:**               \-             \$-

  **Ocean Discharge:**                      2,464          \$90,059

  **Notice of Termination (NOT)**                          \$-

  Construction                              37,170         \$1,358,564

  MSGP (Industrial - Storm water)           1,618          \$59,147

  **Applicant Respondent Subtotal**         79,915         \$2,920,875
  ------------------------------------------------------------------------

### 6(b)(iii). Total Respondent Costs

As detailed in Tables 21 and 22, EPA estimates the **total respondent
cost** to be **\$48,533,811**.

## 6(c). ESTIMATING AGENCY BURDEN AND COST

EPA estimates that the **federal government** will spend approximately
**9,817 hours** reviewing application information each year at a cost of
**\$351,355.**

Table 23 calculates the estimated burden to federal governments for
handling and reviewing application information discussed in this ICR.
Because most state governments have authority for the NPDES programs,
governments will incur the minority of the burden and costs. There are,
however, some exceptions to this rule: the federal government will
always process Form 2D, Part 1 of Group Applications, Alaskan Lands
Applications, and construction notifications. As a result, the burden
and costs for these activities will belong to the federal government
exclusively.

The hourly employment cost of Federal employees was determined using
methodology established in previous ICRs. According to the U.S. Office
of Personnel Management, 2006 General Schedule (2006-GS), the average
annual salary of a government employee at the GS-9, Step 10 level is
\$49,632. At 2,080 hours per year, the hourly wage is \$23.86. Assuming
overhead costs of 50 percent, or \$11.93 per hour, the fully loaded cost
of employment for a federal employee is \$35.79.

Table 24 uses the burden estimates in Table 23 to calculate annual costs
to federal governments. Estimates of the burden and costs do not include
analysis of the data, since this activity is associated with preparation
and issuance of the permit. As Table 23 indicates, the burden ranges
from 0.25 hours (for Notices of Intent) to 88 hours (for Ocean Discharge
Information).

[]{#__RefHeading___Toc137696049 .anchor}Table 23. Annual Agency
Burden[^14]

  ------------------------------------------------------------------------------------
  **Information Collection       **Respondents   **Respondents   **Burden   **Burden
  Activity**                     (Per Year)**    to EPA**        Hours Per  (Total
                                                                 Task**     Hours)**
  ------------------------------ --------------- --------------- ---------- ----------
  **Form 1:**                                                               

  New Facilities                 520             29              0.5        15

  Existing Facilities            7,982           447             0.5        224

  **Form 2A:**                                                              

  POTWs ≽1.0 MGD                 918             51              2          102

  POTWs 0.1 - 1.0 MGD            1,304           73              2          146

  POTWs ≺0.1 MGD                 779             44              2          88

  **Sec. 308 Requests - Major                                               
  Municipals:**                                                             

  Routine                        88              5               1          5

  Medium                         16              1               10         10

  Complex                        8               0               20         \-

  **Sec. 308 Requests - Minor                                               
  Municipals:**                                                             

  Routine                        42              2               1          2

  **Form 2B:**                   38              2               0.5        1

  **Form 2C:**                   4,825           270             2          540

  **Form 2D:**                                                              

  Major New Facilities           40              40              0.5        20

  Minor New Facilities           322             322             0.5        161

  **Sec. 308 Requests - Major                                               
  Non-Municipal:**                                                          

  Routine                        45              3               1          3

  Medium                         23              1               10         10

  **Sec. 308 Requests - Minor                                               
  Non-Municipal:**                                                          

  Routine                        149             8               1          8

  **Form 2E:**                                                              

  New Facilities                 138             8               0.5        4

  Existing Facilities            2,598           145             0.5        73

  **Form 2F:**                   91              5               2.2        11

  **Form 2S:**                                                              

  Part 1 only                    515             426             0.67       285

  Full Application               3,931           3,255           1.42       4,622

  **NOI-Storm water:**                                                      

  NOI Storm water Form           19,310          1,081           0.25       270

  SWPPP                          520             29              0.25       7

  **Alaskan Lands:**             3               3               0.6        2

  **MS4s:**                                                                 

  Large                          102             6               60         360

  Medium                         102             6               40         240

  **NOI: (non storm water)**     8,508           476             0.25       119

  **Petition for Individual      24              1               8          8
  Permit:**                                                                 

  **Permit Consolidation:**      100             6               0.5        3

  **Notice of Construction:**    3               3               0.6        2

  **Ocean Discharge:**           30              2               88         176

  **Notice of Termination                                                   
  (NOT)**                                                                   

  Construction                   157,500         8,820           0.25       2,205

  MSGP (Industrial - Storm       6,857           384             0.25       96
  water)                                                                    

  **Applicant Respondent         249,448                                    9,817
  Subtotal**                                                                
  ------------------------------------------------------------------------------------

[]{#__RefHeading___Toc137696050 .anchor}Table 24. Annual Agency Costs

  ------------------------------------------------------------------------
  **Information Collection Activity**     **Burden\          **Agency
                                          (Total Hours)**    Cost**
  --------------------------------------- ------------------ -------------
  **Form 1:**                                                

  New Facilities                          15                 \$519

  Existing Facilities                     224                \$7,999

  **Form 2A:**                                               

  POTWs ≽1.0 MGD                          102                \$3,651

  POTWs 0.1 - 1.0 MGD                     146                \$5,225

  POTWs ≺0.1 MGD                          88                 \$3,150

  **Sec. 308 Requests - Major                                
  Municipals:**                                              

  Routine                                 5                  \$179

  Medium                                  10                 \$358

  Complex                                 \-                 \$-

  **Sec. 308 Requests - Minor                                
  Municipals:**                                              

  Routine                                 2                  \$72

  **Form 2B:**                            1                  \$36

  **Form 2C:**                            540                \$19,327

  **Form 2D:**                                               

  Major New Facilities                    20                 \$716

  Minor New Facilities                    161                \$5,762

  **Sec. 308 Requests - Major                                
  Non-Municipal:**                                           

  Routine                                 3                  \$107

  Medium                                  10                 \$358

  **Sec. 308 Requests - Minor                                
  Non-Municipal:**                                           

  Routine                                 8                  \$286

  **Form 2E:**                                               

  New Facilities                          4                  \$143

  Existing Facilities                     73                 \$2,595

  **Form 2F:**                            11                 \$394

  **Form 2S:**                                               

  Part 1 only                             285                \$10,215

  Full Application                        4,622              \$165,425

  **NOI-Storm water:**                                       

  NOI Storm water Form                    270                \$9,672

  SWPPP                                   7                  \$259

  **Alaskan Lands:**                      2                  \$64

  **MS4s:**                                                  

  Large                                   360                \$12,884

  Medium                                  240                \$8,590

  **NOI: (non storm water)**              119                \$4,259

  **Petition for Individual Permit:**     8                  \$286

  **Permit Consolidation:**               3                  \$107

  **Notice of Construction:**             2                  \$64

  **Ocean Discharge:**                    176                \$6,299

  **Notice of Termination (NOT)**                            \$

  Construction                            2,205              \$78,917

  MSGP (Industrial - Storm water)         96                 \$3,436

  **Applicant Respondent Subtotal**       9,817              \$351,355
  ------------------------------------------------------------------------

## 6(d). TOTAL BURDEN HOURS AND COSTS, MASTER TABLES

Table 25 presents the figures for total annual burden and costs to
respondents and Agency. It summarizes burden and cost calculations in
Tables 18, 19, 22, 23, 24, and 25. Table 26 presents the figures for
total annual burden and costs to respondents and Agency, including the
hours transferred from the ICR: Milestones Plans Effluent Limitations
Guidelines and Standards Bleached Papergrade Kraft and Soda Subcategory
Pulp, Paper, And Paperboard Manufacturing Category (EPA ICR No. 1877.03,
OMB Control Number 2040-0202)[^15]

EPA does not anticipate the annual respondent burden and cost will not
vary significantly (more than 25 percent) over the next three years.
Therefore, this ICR does not include a separate master table for any of
the years in particular.

[]{#__RefHeading___Toc137696051 .anchor}Table 25. **Total Annual Burden
for Respondents and Agency**

  ------------------------------------------ --------------- --------------
                                             **Annual Burden **Annual
                                             (Hours)**       Costs\***

  Applicant Respondents                      1,277,094       \$45,612,936

  State Government Respondents               79,915          \$2,920,875

  Federal Agency                             9,817           \$351,355
  ------------------------------------------ --------------- --------------

[]{#__RefHeading___Toc137696052 .anchor}Table 26. Total Annual Burden
for Respondents and Agency, Including Transfers

  ------------------------------------------ --------------- --------------
                                             **Annual Burden **Annual
                                             (Hours)**       Costs\***

  Applicant Respondents                      1,278,241       \$45,662,808

  State Government Respondents               80,012          \$2,924,420

  Federal Agency                             9,817           \$351,355
  ------------------------------------------ --------------- --------------

## 6(e). REASONS FOR CHANGE IN BURDEN

Tables 27 and 28 present the change in the respondent burden for each
information item covered by this ICR. (Note - Previous burden estimates
are drawn from the previous applications ICR (OMB Control No. 2040-0086,
ICR No. 0226.17, dated March 2003) corrected with OMB's budget changes
since publication. As shown in the following tables, this ICR estimates
a decrease in applicant respondent burden from 1,307,851 to 1,278,241
which represents a 2.3% decrease in applicant respondent burden.
Additionally, the state respondent burden has decreased from 92,134 to
80,012.

Changes in burden are the result of changes in the number of permits
reported in PCS, update in the estimate time to complete MSGP NOI
applications, and EPA's estimate of the number of construction sites
affected by this information collection.

[]{#__RefHeading___Toc137696053 .anchor}Table 27. Change in Applicant
Respondent Burden

+-----------------------------------+--------+--------+------+--------+
| **Information Collection          | **     | **     | **Ch | **Type |
| Activity**                        | Burden | Burden | ange | of     |
|                                   | C      | Pr     | (    | ch     |
|                                   | urrent | evious | hour | ange** |
|                                   | ICR**  | ICR**  | s)** |        |
+===================================+========+========+======+========+
| **Recordkeeping:**                |        |        |      |        |
+-----------------------------------+--------+--------+------+--------+
| Existing Facilities               | 10,983 | 10,512 | 471  | Adju   |
|                                   |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Major New Non-Municipal           | 200    | 200    | \-   |        |
| Facilities                        |        |        |      |        |
+-----------------------------------+--------+--------+------+--------+
| MS4s                              | 1,020  | 1,060  | \(   | Adju   |
|                                   |        |        | 40\) | stment |
+-----------------------------------+--------+--------+------+--------+
| Minor New Non-Municipal           | 780    | 780    | \-   |        |
| Facilities and Individual SW      |        |        |      |        |
| Permits                           |        |        |      |        |
+-----------------------------------+--------+--------+------+--------+
| Sludge Only Facilities            | 1,280  | 1,365  | \(   | Adju   |
| (Municipal)                       |        |        | 86\) | stment |
+-----------------------------------+--------+--------+------+--------+
| Sludge Only Facilities            | 161    | 192    | \(   | Adju   |
| (Non-Municipal)                   |        |        | 32\) | stment |
+-----------------------------------+--------+--------+------+--------+
| NOI-Storm water SWPPP             | 28,965 | 27,639 | 1    | Adju   |
|                                   |        |        | ,326 | stment |
+-----------------------------------+--------+--------+------+--------+
| **Applicant Recordkeeping         | 43,388 | 41,748 | 1    | Adju   |
| Subtotal:**                       |        |        | ,640 | stment |
+-----------------------------------+--------+--------+------+--------+
|                                   |        |        | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Form 1:                           | 9,542  | 9,126  | 416  | Adju   |
|                                   |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2A:                          |        |        | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| POTWs ≽1.0 MGD                    | 21,392 | 19,130 | 2    | Adju   |
|                                   |        |        | ,262 | stment |
+-----------------------------------+--------+--------+------+--------+
| POTWs 0.1 - 1.0 MGD               | 7,241  | 11,105 | (3,  | Adju   |
|                                   |        |        | 864) | stment |
+-----------------------------------+--------+--------+------+--------+
| POTWS ≺0.1 MGD                    | 3,664  | 9,070  | (5,  | Adju   |
|                                   |        |        | 406) | stment |
+-----------------------------------+--------+--------+------+--------+
| Sec. 308 Requests - Major         | 9,240  | 8,095  | 1    | Adju   |
| Municipals:                       |        |        | ,145 | stment |
+-----------------------------------+--------+--------+------+--------+
| Sec. 308 Requests - Minor         | 210    | 350    | \(1  | Adju   |
| Municipals:                       |        |        | 40\) | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2B:                          | 228    | 156    | 72   | Adju   |
|                                   |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2C:                          | 1      | 1      | 396  | Adju   |
|                                   | 59,225 | 58,829 |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2D:                          |        |        | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Major New Facilities              | 1,840  | 1,840  | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Minor New Facilities              | 10,304 | 10,304 | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Sec. 308 Requests - Major         | 1,375  | 1,430  | \(   | Adju   |
| Non-Municipal:                    |        |        | 55\) | stment |
+-----------------------------------+--------+--------+------+--------+
| Sec. 308 Requests - Minor         | 745    | 705    | 40   | Adju   |
| Non-Municipal:                    |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2E:                          | 38,304 | 38,220 | 84   | Adju   |
|                                   |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2F:                          | 2,603  | 1,716  | 887  | Adju   |
|                                   |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2S:                          |        |        | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| POTWs                             | 33,530 | 33,539 | \    | Adju   |
|                                   |        |        | (9\) | stment |
+-----------------------------------+--------+--------+------+--------+
| PrOTWs                            | 5,150  | 5,429  | \(2  | Adju   |
|                                   |        |        | 79\) | stment |
+-----------------------------------+--------+--------+------+--------+
| NOI-Storm water and NOI:          | 83,321 | 59,282 | 24   | Adju   |
|                                   |        |        | ,039 | stment |
+-----------------------------------+--------+--------+------+--------+
| Alaskan Lands:                    | 90     | 90     | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| MS4s:                             |        |        | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Large                             | 4      | 4      | (17, | Adju   |
|                                   | 52,105 | 69,834 | 729) | stment |
+-----------------------------------+--------+--------+------+--------+
| Medium                            | 2      | 2      | (11, | Adju   |
|                                   | 86,916 | 98,167 | 251) | stment |
+-----------------------------------+--------+--------+------+--------+
| Petition for Individual Permit:   | 960    | 960    | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Permit Consolidation:             | 200    | 200    | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Notice of Construction:           | 3      | 3      | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Ocean Discharge:                  | 23,340 | 23,340 | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| NOT:                              |        |        | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Construction                      | 78,750 | 1      | (21, | Adju   |
|                                   |        | 00,607 | 857) | stment |
+-----------------------------------+--------+--------+------+--------+
| MSGP (Industrial - storm water)   | 3,429  | 3,429  | \    | Adju   |
|                                   |        |        | (1\) | stment |
+-----------------------------------+--------+--------+------+--------+
| **Applicant Respondent            | 1,2    | 1,2    | (31, |        |
| Subtotal:**                       | 33,706 | 64,956 | 250) |        |
+-----------------------------------+--------+--------+------+--------+
|                                   |        |        |      |        |
+-----------------------------------+--------+--------+------+--------+
| Pulp, Paper, And Paperboard \*    | 1,147  | 1,147  | \-   |        |
+-----------------------------------+--------+--------+------+--------+
|                                   |        |        |      |        |
+-----------------------------------+--------+--------+------+--------+
| **Applicant Respondent Total:**   | 1,2    | 1,3    | (29, |        |
|                                   | 78,241 | 07,851 | 610) |        |
+-----------------------------------+--------+--------+------+--------+
| \* Note:                          |        |        |      |        |
|                                   |        |        |      |        |
| 1,147 hours for facilities to     |        |        |      |        |
| develop the milestone plans are   |        |        |      |        |
| already in OMB's burden budget.   |        |        |      |        |
+-----------------------------------+--------+--------+------+--------+

[]{#__RefHeading___Toc137696054 .anchor}Table 28. Change in State
Respondent Burden

+-----------------------------------+--------+--------+------+--------+
| **Information Collection          | **     | **     | **Ch | **Type |
| Activity**                        | Burden | Burden | ange | of     |
|                                   | C      | Pr     | (    | ch     |
|                                   | urrent | evious | hour | ange** |
|                                   | ICR**  | ICR**  | s)** |        |
+===================================+========+========+======+========+
|                                   |        |        |      |        |
+-----------------------------------+--------+--------+------+--------+
| Form 1:                           | 4,013  | 3,873  | 140  | Adju   |
|                                   |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2A:                          | 5,666  | 8,344  | (2,  | Adju   |
|                                   |        |        | 678) | stment |
+-----------------------------------+--------+--------+------+--------+
| Sec. 308 Requests - Municipals:   | 433    | 412    | 21   | Adju   |
|                                   |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2B:                          | 18     | 13     | 5    | Adju   |
|                                   |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2C:                          | 9,110  | 9,220  | \(1  | Adju   |
|                                   |        |        | 10\) | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2D:                          | \-     | \-     | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Sec. 308 Requests -               | 403    | 409    | \    | Adju   |
| Non-Municipal:                    |        |        | (6\) | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2E:                          | 1,292  | 1,308  | \(   | Adju   |
|                                   |        |        | 17\) | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2F:                          | 189    | 125    | 64   | Adju   |
|                                   |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Form 2S:                          | 1,020  | 568    | 452  | Adju   |
|                                   |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| NOI-Storm water and NOI:          | 6,688  | 6,570  | 118  | Adju   |
|                                   |        |        |      | stment |
+-----------------------------------+--------+--------+------+--------+
| Alaskan Lands:                    | \-     | \-     | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| MS4s:                             | 9,600  | 10,200 | \(6  | Adju   |
|                                   |        |        | 00\) | stment |
+-----------------------------------+--------+--------+------+--------+
| Petition for Individual Permit:   | 184    | 184    | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Permit Consolidation:             | 47     | 48     | \    | Adju   |
|                                   |        |        | (1\) | stment |
+-----------------------------------+--------+--------+------+--------+
| Notice of Construction:           | \-     | \-     | \-   |        |
+-----------------------------------+--------+--------+------+--------+
| Ocean Discharge:                  | 2,464  | 2,552  | \(   | Adju   |
|                                   |        |        | 88\) | stment |
+-----------------------------------+--------+--------+------+--------+
| NOT:                              | \-     |        |      |        |
+-----------------------------------+--------+--------+------+--------+
| Construction                      | 37,170 | 46,581 | (9,  | Adju   |
|                                   |        |        | 411) | stment |
+-----------------------------------+--------+--------+------+--------+
| MSGP (Industrial - storm water)   | 1,618  | 1,630  | \(   | Adju   |
|                                   |        |        | 12\) | stment |
+-----------------------------------+--------+--------+------+--------+
|                                   |        |        |      |        |
+-----------------------------------+--------+--------+------+--------+
| Pulp, Paper, And Paperboard \*    | 97     | 97     | \-   |        |
+-----------------------------------+--------+--------+------+--------+
|                                   |        |        |      |        |
+-----------------------------------+--------+--------+------+--------+
| **State Respondent Total:**       | 80,012 | 92,134 | (12, |        |
|                                   |        |        | 123) |        |
+-----------------------------------+--------+--------+------+--------+
| \* Note:                          |        |        |      |        |
|                                   |        |        |      |        |
| 97 hours for states to review the |        |        |      |        |
| milestone plans are already in    |        |        |      |        |
| OMB's burden budget.              |        |        |      |        |
+-----------------------------------+--------+--------+------+--------+

## 6(f). BURDEN STATEMENT

The calculations performed for this ICR cover the burden and costs for
the Agency (EPA), NPDES‑authorized state, and owner/operators of
regulated facilities. This ICR estimates a burden of 1,278,241 hours
annually for 249,448 owner/operators respondents at a cost of
\$45,662,808. Burden for the state respondents is 80,012 hours annually
at a cost of \$2,924,420. Agency burden is 9,817 hours annually at a
cost of \$351,355. The annual public reporting and recordkeeping burden
for this collection of information is estimated to average less than 5
hours per response.

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. 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.

To comment on the Agency\'s need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
EPA-HQ-OW-2006-0138 which is available for online viewing at
www.regulations.gov, or in person at the public viewing at the Water
Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301
Constitution Ave., NW, Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
(202) 566-1744, and the telephone number for the Water Docket is (202)
566-2426. An electronic version of the public docket is available at
www.regulations.gov. This site can be used to submit or view public
comments, access the index listing of the contents of the public docket,
and to access those documents in the public docket that are available
electronically. Also, you can send comments to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please
include the EPA Docket ID No. EPA-HQ-OW-2006-0138 and OMB control number
2040-0086 in any correspondence.

[^1]:
    > EPA defines a point source as \"any discernible, confined, and
    > discrete conveyance, including but not limited to, any pipe,
    > ditch, channel, tunnel, conduit, well, discrete fissure,
    > container, rolling stock, concentrated animal feeding operation,
    > landfill leachate collection system, vessel or other floating
    > craft from which pollutants are or may be discharged. This term
    > does not include return flows from irrigated agriculture or
    > agricultural stormwater runoff\" (40 CFR \'122.2).

[^2]:
    > POTWs---especially larger POTWs\--often accept wastewater from
    > industries. To meet their NPDES pollutant discharge limitations
    > and satisfy the sewage sludge conditions in their permits, some of
    > these POTWs administer pretreatment programs, in which they
    > regulate industrial wastewater entering their facilities. POTWs
    > impose pollutant discharge limitations on industries as part of
    > their pretreatment programs. Information requirements associated
    > with the Pretreatment program are included in a separate ICR (OMB
    > Control No. 2040-0009, ICR No. 0002.08).

[^3]:
    > Large municipal separate storm sewer systems serve 250,000 people
    > or more. Medium storm sewer systems serve 100,000 to 250,000
    > people.

[^4]:
    > As required under 40 CFR \'122.21(j), all POTWs meeting any of the
    > following criteria must provide the results of valid whole
    > effluent biological toxicity testing to the Director: those with
    > design influent flows equal or greater than one million gallons
    > per day, those with an approved pretreatment program, those
    > required to develop a pretreatment program, or those designated by
    > the Director.

[^5]:
    > EPA classifies new facilities into two groups: new sources and new
    > dischargers. Generally, a facility is considered a new source, as
    > opposed to a new discharger, if EPA has developed a New Source
    > Performance Standard (NSPS) applicable to the new facility. If not
    > classified as a new source, an applicant is classified as a new
    > discharger. The distinction is important because new sources must
    > prepare Environmental Impact Statements under the National
    > Environmental Policy Act in States where EPA is the permitting
    > authority. (See 40 CFR 122.2)

[^6]:
    > This ICR does not calculate the burden and costs associated with
    > issuing permits. It does, however, estimate the burden and costs
    > associated with reviewing applications for permits.

[^7]:
    > See Editorial Notes, 40 CFR \'122.21.

[^8]: PCS PTYP codes: A, B, C, H, I, and J

[^9]: As of January 1, 2004, 1,018 Phase I NDPES MS4 permits, covering
    887 municipal entities in 44 States, had been issued. (EPA CWNS 2004
    Report to Congress). Assuming equal distribution between large and
    medium MS4s (EPA ICR No. 0226.17)

[^10]: Design flow from PCS was used as a proxy for flow. EPA is aware
    that designs flow is usually greater that actual flow, and that the
    results represents a conservative estimate. Permits not reporting
    flow in PCS, were proportionally allocated to each of the flow
    categories.

[^11]: http://www.census.gov/ipc/www/usinterimproj/

[^12]: Utilizing 2000 US Census data, 94.40% of the population resides
    in NPDES states, i.e., NPDES delegated states. An estimated 17.20%
    of the population resides in sludge states, i.e., sludge delegated
    states. An estimated 94.40% of the population resides in general
    permit states, i.e., general permit delegated states. (Note: The
    same states that do not have NPDES authorization also do not have
    general permit program authorization.) These population percentages
    have been applied to the respondent values to estimate those that
    report directly to States.

[^13]: U.S. Department of Labor, Bureau of Labor Statistics. Employment
    Cost Index -- March 2006.

[^14]: 2000 US Census data population percentages have been applied to
    the respondent values to estimate those that report directly to EPA.

[^15]: A total of 1,244 hours were transferred, corresponding to 1,147
    hours for facilities to develop the milestone plans, and 97 hours
    for state review. The agency tally was not changed. Faulk Jack,
    personal communication (May 17. 2006)