i SUPPORTING STATEMENT For Renewal of Information Collection Requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq .

40 CFR Part 6: Procedures for Implementing the National Environmental Policy Act and Assessing the Env ironmental Effects Abroad of EPA Actions

Table of Contents 1. ID ENTIFICATION OF THE INFORMATION COLLECTION
................................ ............ 1 1(a) Title of the Information Co llection

................................ ................................ ................. 1 1(b) Abstract

................................ ................................ ................................ ........................... 1 2. NEED FOR AND USE OF THE COLLECTION
................................ ................................ ... 3 2(a) Need/Authorit y for the Collection

................................ ................................ ................... 3 2(b) Practical Utility

/Users of the Data

................................ ................................ ................... 3 3. NONDUPLICATION, CONSUL TATIONS, AND OTH ER COLLECTION CRI TERIA
..... 3 3(a) Nonduplication

................................ ................................ ................................ ................ 3 (b) Public Notice Requirement Regarding IC R Submission to OMB

................................ .. 4 3(c) Consultations

................................ ................................ ................................ ................... 4 3(d) Effects of Less Frequent Collection

................................ ................................ ................ 4 3(e) General Guid elines

................................ ................................ ................................ .......... 4 3(f) Confidentiality

................................ ................................ ................................ ................. 5 3(g) Sensitive Questions

................................ ................................ ................................ ......... 5 4. TH E RESPONDENTS AND THE INFORMATION REQUESTED
................................ ..... 5 4(a) Respondents

................................ ................................ ................................ ..................... 5 4(b) In formation Required

................................ ................................ ................................ ...... 7 5. THE INFORMATION COLLECTED
-- AGENCY ACTIVITIES, COLLECTI ON METHODOLOGY, AND INFORMATION MANAGEMENT
................................ ................... 11 5(a) Agency

Activities

................................ ................................ ................................ .......... 11 5(b) Collection Methodology and Management

................................ ................................ ... 11 5(c) Small Entity

Flexibility

................................ ................................ ................................ . 11 5(d) Collection S chedule

................................ ................................ ................................ ....... 13 6. ESTI MATING THE BURDEN OF THE COLLECTI ON
................................ .................... 13 6(a) Estimated Respondent Burden

................................ ................................ ...................... 14 6(b) Estimated Federal Government Burden

................................ ................................ ........ 22 6(c) Estimated Annual and 3

- Year Aggregate Burden

................................ ......................... 29 6( d) Burden Statement Summary and Burden Statement

................................ ..................... 32 Part B of the Statistical Survey

– Statistical Survey

................................................ ....36ii

Attachments Attachment 1 : Exemptions from NEPA for Certain EPA Actions and EPA’s Voluntary NEPA

Policy and Procedures Attachment 2: Estimates of Hours and Contractor Costs for Applicants and EPA
List of Acron ym s CE Categorical Exclusion CEQ Regulations Council on Environmental Quality ’s Regulations, 40 CFR 1500

– 1508 EA Environmental as sessment EI D Environmental information document EI S Environmental Impact Statement EPA Environmental Protection Agency FONSI Finding of no significant impact FMSD Facilities Management and Services Division ICR In formation collection request MP RSA Marine Protection, Research and Sanctuaries Act, 33 U.S.C. 1401 et seq . NEPA National Environmental Policy Act of 1969, 42 U.S.C. 4321

– 4347 NPDES National Pollutant Discharge Elimination Sy stem OMB Office of Management and Budget PRF Paperwor k Reduction Act, 44 U.S.C. 3501 et seq . RFA Regulatory Flexibility

Act, 5 U.S.C. 601 et seq . ROD Record of Decision SBREFA Small Business Regulatory Enforcement Fairness Act of 1996 STAG State and Tribal Assistance Grants1 SUPPORTING STATEMENT For R enewal of Information Collection Requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

40 CFR Part 6: Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions
1. IDE NTIFICATION OF THE INFORMATION COLLECTION 1(a) Title of the Information Collection : "Procedures for Implementing the Nationa l Environmental Policy

Act and Assessing the Environmental Effects Abroad of EPA Actions”

– i.e., 40 CFR Part 6 1(b) Abstract : In September 2007, the Environmental Protection Agency (EPA or Agency) amended its procedur es for implementing the requirements of the National Environmental Policy Act of 1969 (NEPA). The final rule also includes the Agency ’s procedures for implementing Executive Order 12114, “Environmental Effects Abroad of Major Federal Actions.” EPA’s Pro cedures for Implementing the National Environmental Policy Act . The National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321

- 4347 establishes the federal government’s national policy for protection of the environment. The Council on Environmental Quality Regulations (CEQ Regulations) at 40 CFR parts 1500 through 1508 establish procedures implementing the national policy . The CEQ Regulations (40 CFR 1505.1) require federal agencies to adopt and, as needed, revise their own implementing procedures to supplement the CEQ Regulations and to ensure their decision

- making processes are consistent with NEPA. EPA amended its procedures for implementing the requirements of the CEQ Regulations for NEPA. Specifically , the final rule amended EPA’s NEPA imple menting procedures b y: (1) consolidating and standardizing the procedural provisions and requirements of the Agency ’s environmental review process under NEPA; (2) clarify ing the general procedures associated with categorical exclusions, consolidating the categories of actions subject to categorical exclusion, amending existing and adding new categorical exclusions, and consolidating and amending existing and adding new extraordinary circumstances; (3) consolidating and amending the listing of actions that generall y require an environmental impact statement; (4) clarifying the procedural requirements for consideration of applicable environmental review laws and executive orders; and (5) incorporating other revisions consistent with CEQ’s Regulations. Those subject to the final NEPA rule include EPA officials who must comply with NEPA2

and certain grant or permit applicants who must submit environmental information documentation to EPA for their proposed projects. The final NEPA regulations consolidate and s tandardize the environmental review process applicable to all EPA actions subject to NEPA, including those actions now specifically

addressed in the regulations and other actions subject to NEPA but not specificall y addressed in the regulations (e.g., cert ain grants awarded for special projects authorized by

Congress through the Agency ’s annual Appropriations Act). 1 Compliance with 40 CFR Part 6 is the responsibility of EPA's Responsible Officials. For applicant

- proposed actions, certain procedures apply to applicants (that is grantees and permit applicants) who must submit environmental information to EPA as part of the environmental review process. The EPA Responsible Official is responsible for the environmental review process, including an y categoric al exclusion determination or the scope, accuracy , and contents of a final environmental assessment (EA) or environmental impact statement (EI S) and any supporting documents. The applicant contributes by submitting environmental information to EPA as part of the environmental review process. For actions subject to NEPA, the Responsible Official may determine that the proposed action does not individually or cumulativel y have a significant effect on the human environment and may , therefore, be categorical ly excluded from further NEPA review. If the proposed action is not categoricall y excluded, the Responsible Official may prepare an EA in order to determine whether to prepare an EIS or a finding of no significant impact (FONSI). If necessary , the Respon sible Official must prepare an EIS if the proposed action will have a significant effect on the human environment. For applicant

- proposed actions, the applicant may submit information to the Responsible Official regarding the applicability of a categorica l exclusion and request a determination by

the Responsible Official. Unless the applicant

- proposed action is categoricall y excluded, the Responsible Official may gather the information and prepare the NEPA documents without assistance from the applicant, or have the applicant prepare an environmental information document (EID) or a draft EA and supporting documents or implement a third

- part y contract agreement with the applicant. EPA’s Procedures for Implementing Executive Order 12114 . 40 CFR Part 6 als o includes EPA’s procedures, “Assessing the Environmental Effects Abroad of EPA Actions,” that implement Executive Order 12114, “Environmental Effects Abroad of Major Federal Actions" (see 46 FR 3364). EPA’s Executive Order 12114 procedures further the pu rpose of NEPA and provide that EPA may

be guided b y its NEPA procedures to the extent they are applicable. 2

1 Certain EPA actions are exempt from the procedural requirements of NEPA and the CEQ Regulations. See Attachment 1.

2 The courts have determined, and CEQ has issued guidelines, that NEPA does not apply to Federal agency actions significantly affecting the environment of the global commons or the environment of a foreign nation not participating with the United States and not otherwise i nvolved in the action. The Executive Order is “... solely for3

Therefore, when EPA conducts an environmental assessment pursuant to its Executive Order 12114 procedures, the Agency generall y follows its NEPA pr ocedures. Compliance with the procedures is the responsibility of EPA’s Responsible Officials and for applicant

- proposed actions, applicants may

be required to provide environmental information to EPA as part of the environmental review process. For this In formation Collection Request (ICR), applicant

proposed projects subject to either NEPA or Executive Order 12114 (and that are not addressed in other EPA programs’ IC Rs) are addressed through the NEPA process. 2. NEED FOR AND USE OF THE COLLECTION 2(a) Need/Authority for the Collection : The CEQ Regulations (40 CFR 1505.1) require federal agencies to adopt and, as needed, revise their own implementing procedures to supplement the CEQ Regulations. The purpose of 40 CFR Part 6 is to satisfy the procedural requirements of the CEQ Regulations for NEPA. Additionally , 40 CFR Part 6 includes EPA's environment review procedures implementing Exec utive Order 12114. EPA is collecting information from certain applicants as part of the process of comply ing with either NEPA or Executive Order 12114. 2(b) Practical Utility/Users of the Data : EPA’s NEPA regulations appl y to the actions of EPA that are subject to NEPA in order to ensure that environmental information is available to the Agency 's decision

- makers and the public before decisions are made and before actions are taken. This inclu des actions such as wastewater treatment construction grants under Title II of the Clean Water Act, EPA’s issuance of new source National Pollutant Discharge Elimination Sy stem (NPDES) permits, certain research and development projects, EPA actions involvi ng renovations at or new construction of EPA facilities, and certain grants awarded for special projects authorized by Congress through the Agency ’s annual Appropriations Act. EPA actions subject to NEPA that are based on applicant proposals may include any

of these except EPA actions for construction of special purpose facilities or facility renovations of EPA facilities. The Part 6 regulations also include EPA’s procedures implementing Executive Order 12114. These procedures ensure that environmental i nformation is available to the Agency ’s decision

makers and other appropriate Federal agencies and officials for actions subject to Executive Order 12114. 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3(a) Nonduplication : For both the NEPA and Executive Order 12114 implementing procedures, the information submitted by an applicant does not duplicate information otherwise submitted to the government. For an EPA action subject to NEPA that is based on an applicant proposal, the applicant (e.g., grantee or permit applicant) would submit information used by the the purpose of establishing internal procedures for Federal agencies to consider the significant effects of their actions on the environment outside the [U.S.], its territories and possessions ...” [Executive 0rder 12114, Section 3

- 1]4

Responsible Official during the environmental review proc ess. This one

- time submission is specific to the applicant's proposed action in order to provide project

- specific information necessary for the Responsible Official’s environmental review of the proposed action. 3(b) Public Notice Requirement Regarding ICR Submission to O MB: On May 7, 2010 (75 FR 25237), EPA sought comments on this I CR pursuant to 5 CFR 1320.8( d). EPA received no comments. 3(c) Consultations : EPA’s NEPA Practitioners : EPA actions subject to NEPA or Executive Order 12114 that are based on applicant proposals are one

- time only and involve various government jurisdictions and businesses rather than repeated request s for information from specific government jurisdictions and businesses. EPA relied on information available from its NEPA practitioners and their experience working with grantees and permit applicants to prepare the burden estimates in this ICR. These are the same EPA practitioners that conduct the assessments of applicant

- proposed actions subject to NEPA or Executive Order 12114 as further discussed in Section 4(a) of this Supporting Statement. As provided for in Executive Order 12114, EPA’s NEPA proce dures may be used for assessing these projects. EPA has, however, requested public comment on this I CR as discussed in Section 3(b), above. Council on Environmental Quality (CEQ) : 40 CFR Part 6 was developed in consultation with CEQ (see 40 CFR 1507.3(a )). 3(d) Effects of Less Frequent Collection : Under 40 CFR Part 6, respondents submit project

- specific information only for EPA actions subject to NEPA or Executive Order 12114 that are based on applicant proposals (as further discussed in Section 4(a)). Such actions are generally one - time requests from EPA for environmental information from applicants requesting grant assistance for specific projects subject to NEPA or for new source NPDES pe rmits to be issued by EPA. There are no ongoing or periodic reporting or recordkeeping requirements. 3(e) General Guidelines : The information submitted by applicants would be consistent with the guidelines of the Office of Management and Budget (OMB) in 5 CFR 1320.6. For an applicant

- proposed action, the applicant (e.g., grantee or permit applicant) submits information to EPA's Responsible Official as part of the environmental review process. This is a one - t ime submission specific to the applicant's proposed action in order to provide project

specific information necessary for the environmental review of the proposed action. The Responsible Official, however, may ask the applicant to provide additional infor mation if the Responsible Official needs it to prepare the EA or EI S. There are no schedule requirements or requirements on the number of copies of the documentation to be submitted or requirements for ongoing reporting or recordkeeping or to conduct stat istical survey s.5

3(f) Confidentiality : 40 CFR Part 6 does not require applicants to submit confidential, proprietary

or trade secret information. 3(g) Sensitive Questions : 40 CFR Part 6 does not require applicant response to sensitive questions (e.g., questions concerning sexual behavior or attitudes, religious beliefs, or other matters usuall y considered private). 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4(a) Respondents : Those subject to 40 CFR Part 6 include EPA officials who must comply with NEPA or Executive Order 12114, and certain grant or permi t applicants who must submit environmental information documentation to EPA for their projects. For purposes of delineating the information collection requirements under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. , "applicants" (e.g., grantees or permit applicants) are the respondents (e.g., the persons who must generate, maintain, or provide information to or for a Federal agency). EPA actions generally

subject to NEPA include: wastewater treatment construction grants, issuance of new source NP DES permits by EPA, certain research and development grants, EPA actions for construction of special purpose facilities or facility renovations of EPA facilities, and certain grants awarded for projects authorized by Congress through the Agency ’s annual Appropriations Act. EPA actions subject to NEPA that are based on applicant proposals may include an y of these except EPA actions for construction of special purpose facilities or facility renovations of EPA facilities. The EPA Responsible Official is res ponsible for the environmental review process, including an y categorical exclusion determination or the scope, accuracy , and contents of a final EA or EI S and any supporting documents. The applicant may contribute by submitting environmental information t o EPA as part of the environmental review process. EPA actions ty

pically subject to Executive Order 12114 include major EPA actions which affect the environment of a foreign nation or the global commons and may include: major research or demonstration p rojects, ocean dumping activities carried out under section 102 of the Marine Protection, Research, and Sanctuaries Act (MPRSA) (33U.S.C. 1401 et seq. ), major permitting or licensing of facilities by EPA, 3 Wastewater Treatment Construction Grant Program un der section 201 of the Clean Water Act when activities addressed in the facility plan would have environmental effects abroad, and other EPA activities as determined by EPA. Wastewater Treatment Construction Grants Program facilities or new source NPDES permits to be issued by

EPA for facilities in the U.S. bordering Mexico or Canada are subject to

3 This may include such actions as EPA

- issued permits for hazardous w aste treatment, storage, or disposal facility under section 3005 of the Resource Conservation and Recovery Act (42 U.S.C. 6925), NPDES permits un der section 402 of the Clean Water Act (33 U.S.C. 1342), and prevention of significant deterioration approvals under Part C of the Clean Air Act (42 U.S.C. 7470 et seq. ).6

EPA’s NEPA implementing procedures. If these facilities could have significant environmental effects abroad, generall y they would also be subject to EPA’s pro cedures implementing Executive Order 12114. In addition, EPA has determined that certain grants awarded for special projects authorized by

Congress through the Agency ’s annual Appropriations Act are subject to NEPA. STAG special projects in the U.S. bord ering Mexico or Canada and that could have significant environmental effects abroad generally would also be subject to EPA’s procedures implementing Executive Order 12114. Further, certain actions subject to EPA’s Executive Order 12114 implementing proce dures are not subject to EPA’s NEPA implementing procedures. As with EPA’s current Part 6 regulations, EPA’s Executive Order 12114 implementing procedures (with only minor, technical amendments) provide that: (a) for ocean dumping activities, the information submitted under 40 CFR part 221 is sufficient to satisfy the environmental assessment requirements; and (b) for permits issued under section 3005 of the Resource Conservation and Recovery Act, section 402 of the Clean Water Act, and section 165 of the Clean Air Act, the information submitted by applicants for such permits or approvals under the applicable consolidated permit regulations (40 CFR parts 122 and 124) and Prevention of Significant Deterioration regulations (40 CFR part 52) satisfy the envir onmental document requirements of Executive Order 12114. In summary , the applicant burden for an y applicant

- proposed actions, including permitting or licensing, under these authorities is alread y addressed under EPA’s ICRs for these programs and is not f

urther addressed in this I CR. However, the applicant burden for any EPA action subject to NEPA and/or Executive Order 12114 that is based on an applicant proposal, including Wastewater Treatment Construction Grants Program facilities, STAG actions subject to NEPA and new source NPDES permits issued by EPA, is addressed in this ICR. EPA’s Executive Order 12114 implementing procedures further the purpose of NEPA and provide that EPA may be guided b y the CEQ Regulations to the extent they are applicable. Th erefore, when EPA conducts an environmental assessment pursuant to its Executive Order 12114 procedures, the Agency generall y follows the CEQ Regulations and the procedures in EPA’s NEPA implementing regulations. For these reasons, for applicant

- proposed actions subject to either NEPA or Executive Order 12114 (and that are not addressed in other EPA programs’ I CRs), the remainder of this I CR Supporting Statement will evaluate the respondent burden only with regard to EPA’s NEPA implementing procedures. F or purposes of this I CR, EPA considers the model respondents to be two ty pes of applicants:

 Grant applicants apply ing to EPA for funding of special projects identified in the STAG account authorized b y C ongress through the Agency ’s annual Appropriations A ct. These applicants are generall y governmental jurisdictions. 4

4 Approximately 75% of EPA’s grants are under the ST AG appropriations account. Certa in line items in the7

 Permit applicants apply ing to EPA for issuance of new source NPDES permits under §402 CWA. EPA issues new source NPDES permits only in states and U.S. territories that have not assumed auth ority

for this program (i.e., New Hampshire, Massachusetts, Puerto Rico, New Mexico, Oklahoma (for concentrated animal feeding operations only), Alaska, and Id aho), the District of Columbia, off

- shore waters (e.g., the inter

- continental shelf for Texas, al l outer

- continental shelf areas, all deep

- water port areas), and on federall y recognized Indian tribal lands. These permit applicants are not limited to a specific business sector. EPA has permitted, and anticipates continued permit activity , with projec ts ty

picall y involving: oil and gas extraction from off

- shore waters, hardrock mining (recentl y gold, silver, lead and zinc, and copper), dairy cattle and milk production, seafood processing, and concentrated animal feeding operations (CAFOs), including p oultry , cattle, hogs and pigs. NAI CS Code 5 Crude petroleum and natural gas extraction 211111 Hardrock mining Gold ore mining 212221 Silver ore mining 212222 Lead ore and zinc ore mining 212231 Copper ore and nickel ore mining 212234 Dairy cattle and milk production 112120 Seafood fresh and frozen processing 311712 Poultry and egg production Chicken egg production 112310 Broilers and other meat type chicken production 112320 Turkey production 112330 Poultry hatcheries 112340 Cattle feedlots 112112 Hog and pig farming 112210 4(b) Information Required : For EPA actions subject to NEPA, the Responsible Official may

determine t hat the proposed action does not individually or cumulatively

have a significant effect on the human environment and may , therefore, be categorically excluded from further NEPA review. If the proposed action is not categorically excluded, the Responsible STAG appropriations account are not subject to NEPA (see Attachment 1). Grantee actions subject to NEPA are predominately under the STAG appropriations account (including consideration of the Wastewater Treatment Construction Grants P rogram and other actions subject to NEPA, including those under the Agency’s Environmental Programs and Management (EPM) account).

5 North American Industry Classification System (NAICS) codes, NAICS 2002, http://www.census.gov/epcd/www/naics.html, and htt p://www.sba.gov/size/sizetable2002.html.8

Official may

prepare an EA in order to determine whether to prepare an EIS or a FONSI. The Responsible Official prepares an EI S if the proposed action will have a significant effect on the human environment. For EPA actions subject to NEPA that are based on applicant proposals, the Responsible Official may gather the information and prepare the NEPA documents without environmental information submitted by the applicant, or have the applicant prepare an EID, or a draft EA and supporting documents, or imple ment a third

- part y agreement with the applicant. 6 The level of NEPA documentation and the project

- specific information the Responsible Official needs for decision

- making is determined by the potential for environmental impact of the action, or the facili ty

to be permitted or the project to be funded by the action rather than the dollar amount of the project or whether the applicant is a grantee or permit applicant. 7 Table 1 summarizes the information to be submitted by an applicant for a categorical excl usion (CE) determination, an EA and FONSI, and an EIS and Record of Decision (ROD). There are no schedule requirements or requirements on the number of copies of the information document to be submitted or requirements for ongoing reporting or recordkeepi ng.

6 If an EA or EIS is to be prepared for an action subject to NEPA, the Responsible Official and the applicant may enter into an agreement whereby the applicant engages and pays for the services of a third

- party con tractor to prepare an EA or EIS and any supporting documents. The Responsible Official has sole authority for approval and mo dification of the statements, analyses, and conclusions of the EA or EIS and any supporting documents. Because EISs are generall y more complex than EAs in terms of the issues to be addressed and the associated analyses, it has generally been EPA’s experience that grantees and permit applicants will enter into third

- party agreements with EPA for preparation of the EIS and supporting documents.

7 For example, a grantee action for renovation of an existing wastewater treatment or drinking water supply system may be categorically excluded. An EA may be required for a grantee action to construct a ne w sewage treatment system in a smal l governmental jurisdiction; or to assess a new source NPDES permit for a discharge from a confined animal feedlot operation for chickens, cattle, hogs or pigs. An EIS may be required for a grantee action to construct a new sewage treatment plant with pot ential for significant impacts to w etlands, or cultural or archaeological features; or to assess a new source NPDES permit for discharges from an oil and gas extraction facility, or mining operation, or a confined animal feedlot operation with potential fo r significant impacts to w etlands, or cultural or archaeological features, or threatened or endangered species.9

Table 1. Summary

of Information Submitted by Applicants for CEs, EAs/FONSI s, and EI Ss/RODs Categorical Exclusion (CE) means a category of actions which do not individually or cumulatively

have a significant effect on the human environment and have be en found b y EPA to have no such effect. To find that a proposed action is categoricall y excluded, the Responsible Official needs to determine that the proposed action fits within a categorical exclusion that is listed in the regulations, and the proposed action does not involve any extraordinary

circumstances as listed in the regulations. “ E xtraordinary circumstances” mean those circumstances in which a normall y excluded action may have a significant environmental effect. Based on review of information i n the applicant’s application and other available information, the Responsible Official notifies the applicant if the action is categorically excluded, or if EPA needs additional information to support the application of a categorical exclusion. In formati on Submitted by Applicant : The applicant may provide statements or documents to the Responsible Official to verify that the proposed action would not involve an y of the listed extraordinary

circumstances. For example, the applicant might submit informatio n to support a categorical exclusion determination for an action that meets the criteria for “Actions in unsewered communities relating to the use of proposed wastewater on

- site technologies where such technologies replace existing sy stems.” If the projec t area is known to be near a propert y with nationall y significant historic value, the applicant would likely enclose a letter from the State Historic Preservation Officer that confirms the proposed project will not have a significant environmental effect o n the historic propert y. The applicant letter may also verify

there are no wetlands in the project area. Environmental Assessments (EAs) need to include sufficient information and anal ys is for the Responsible Official to determine whether to prepare an E IS or to issue a FONSI

. In formation Submitted by Applicant : The applicant submits an EI D of sufficient scope to enable the Responsible Official to prepare an EA, and then determine whether to issue a FONSI or prepare an EI S. At the discretion of the Re sponsible Official, the applicant may prepare a draft EA and supporting documents in lieu of an EID. An EID for an EA, or a draft EA and supporting documents, generally will: (1) include brief discussions of the need for the proposed action; the alternat ives, including the no action alternative; description of the affected environment; and the environmental impacts of the proposed action and alternatives; (2) include a listing or summarize any

coordination or consultation undertaken with any federal agenc y, state or local government, or federall y - recognized Indian tribe, including compliance with applicable laws and executive orders; (3) identify and describe any

mitigation measures that must be considered, including an y mitigation measures that must be ad opted to ensure the action will not have significant impacts; and (4) incorporate documents by

reference.10

Environmental Impact Statements (EISs) are generally prepared for major actions that may significantl y affect the quality of the human environment, o r when an EA indicates that significant impacts may

occur that cannot be reduced or eliminated by changes to or mitigation of the proposed action. A Record of Decision (ROD) documents the decision of the Responsible Official. In formation Submitted by App licant : The applicant submits an EI D of sufficient scope to enable the Responsible Official to prepare an EIS and ROD. In lieu of submitting documentation, the Responsible Official and the applicant may enter into a third

- part y contract agreement. The in formation needed for an EIS parallels the information needed for an EA with a focus on assessment of significant environmental issues and alternatives. An EID for an EIS generally will: (1) provide EPA with information the Agency will use to prepare an EI S; (2) anal yz e all reasonable alternatives and the no action alternative; (3) describe the potentially affected environment including, as appropriate, the size and location of new and existing facilities, land requirements, operation and maintenance requir ements, auxiliary structures such as pipelines or transmission lines, and construction schedules; (4) summarize an y coordination or consultation undertaken with any federal agency , state or local government, or federall y - recognized Indian tribe, including compliance with applicable laws and executive orders; (5) the draft EI S must summarize any

public meetings during the scoping process, and the final EI S must summarize the public participation process held after publication of the draft EI S; (6) the draft EI S must consider substantive comments received during the scoping process, and the final EIS must summarize all comments on the draft EIS and respond to any substantive comments and explain any changes to a revised draft EIS or the final EI S and the reaso ns for the changes; and (7) include the names and qualifications of the persons primaril y responsible for preparing the EI S including significant background papers.11

5. THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5(a) Agency Activities : Compliance with the regulations is th e responsibility of EPA's Responsible Officials. For applicant

- proposed actions, grantees or permit applicants must submit environmental information to EPA as part of the environmental review process unless the Responsible Official decides to prepare the NEPA documents without assistance from the applicant. As noted in Table 1 above, the Responsible Official may determine that the action is categorically

excluded, or prepare an EA in order to determine whether to prepare an EI S or issue a FONSI, or prepar e an EIS and ROD. 5(b) Collection Methodology and Management : Whether the NEPA documents are based on environmental information developed b y the Responsible Official or submitted by the appl icant, the NEPA review and resulting documents generall y rel y on the use of existing data and information, including data and information from other federal agencies, state or local governments, or federally

- recognized Indian tribes with jurisdiction by la w or special expertise. Whether the NEPA documents are prepared b y the Responsible Official or based on environmental information submitted by the applicant, the qualit y of the information provided b y an applicant must be sufficient to enable the Respons ible Official to make a decision. This is accomplished under EPA’s NEPA implementing procedures through: (1) early coordination and cooperation with federal agencies, state and local governments, and federally

- recognized Indian tribes with jurisdiction by law or special expertise (see final rule § 6.202); and (2) the public participation process associated with actions other than those categoricall y excluded 8 (see final rule § 6.203). 9 When the environmental information is provided by the applicant, the R esponsible Official is responsible for the statements, anal ys es, and conclusions of the EA or EIS and an y supporting documents. The information compiled is a one

- time submission in narrative text format (see final rule §§ 6.205 and 6.207) rather than computerized compilations of data and information. There are no forms, checklists, or ongoing reporting, recordkeeping or file

- maintenance requirements for applicants (see proposed rule Subpart C). EPA maintains file records for each action. 5(c) Small E ntity Flexibility : 10 The 1995 Paperwork Reduction Act (PRA)

8 Categorical exclusions are subject to notice and comment rulemaking and, thus, public scrutiny. 9 EPA’s Peer Review Guidelines recognize the p ublic revie w process for NEPA documents. Also, EPA’s Quality System may apply to certain information gathering activities undertaken directly by EPA.

10 Information, including quoted material, taken from: "ICR Handbook, EPA's Guide to Writing Informatio n12

incorporated the Regulatory Flexibility

Act (RFA) into it. The RFA requires EPA to prepare a regulatory

flexibility

analy sis for any

rule that ha s a "significant economic impact on a substantial number of small entities." As part of the certification requirement, the EPA must show that the collection: "reduces to the extent practicable and appropriate the burden on persons who shall provide info rmation to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act (5 U.S.C. 601(6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or "( 3) an exemption from coverage of the collection of information, or any part thereof

” The requirements of the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 must also be considered. The information collected under this I CR is one

- time only for applicant

- proposed actions; e.g., actions proposed b y grantees seeking funding assistance from EPA or for an NPDES permit application initiated by

the permit applicant. In either case, EPA assumes the action will directl y benefit the applicant (such as a grantee seeking grant funding for renovation of a community drinking water s ys tem, or a permit applicant seeking a new source NPDES permit from EPA to further the applicant’s business interests). Nonetheless, if the applicant cannot afford to provide the required environmental information to EPA, then EPA would undertake the environmental review without input from the applicant. 11 Further, grantees may be grant

- eligible for certain costs associated with providing environmental information to EPA. 12 Permit applicants are not eligible for EPA financial assistance. EPA has att empted to reduce the burden on small entities (including businesses and government jurisdictions) through the following provisions in the final rule: Collection Requests Under the Paperw ork Reduction Act of 1995, U.S. Environmental Protection Agency, Office of Policy, Planning, and Evaluation, Regulatory Information Division, revised February 1999.

11 Applicants would normally be requested to demonstra te financial hardship, including inability to provide the requested environmental information. If so demonstrated, then EPA would undertake the environmental revie w necessary for the grant or permit action.

12 Under appropriate grant conditions, grantees g enerally may use EPA financial assistance to prepare an EID but not to prepare a draft EA and supporting documents. Third

- party contract costs for an EID may also be grant - eligible. For grantee contractor costs to be reimbursable, grantees must meet cert ain contractor requirements, including procurement criteria.13

 Section 6.300 : An EID is not required when the action is categoricall y excluded, or the applicant will pr epare a draft EA and supporting documents. The Responsible Official may prepare the NEPA documents without environmental information submitted by the applicant.

 Section 6.302: o The Responsible Official may prepare generic guidance for categories of action s involving a large number of applicants; and must ensure earl y involvement of applicants, consult with the applicant and provide guidance describing the scope and level of environmental information required, and provide guidance on a project

- by

- project ba sis to any applicant seeking assistance.

o The Responsible Official must consider the extent to which the applicant is capable of providing the required information, may not require the applicant to gather data or perform analy ses that unnecessaril y duplicate either existing data or the results of existing analy ses available to EPA, and must limit the request for environmental information to that necessary for the environmental review.

 Section 6.303: An applicant may enter into a third

- part y agreement with EPA. (For grantees, certain third

- party contractor costs may

be eligible for cost reimbursement; see footnote 12. However, new source NPDES permit applicants are not eligible for EPA financial assistance.) 5(d) Collection Schedule : In formation must be submitted by an applicant onl y for EPA actions subject to NEPA that are based on applicant proposals unless EPA will prepare the NEPA documents without environmental information submitted by the applicant. The information to be submitted is required onl y when an applicant applies for a grant for an action subject to NEPA or a new source NPDES permit to be issued by EPA, a one
- time application process. The Responsible Official, however, may ask the applicant to provide additional information if the Responsible Official needs it to prepare the EA or EIS. There are no schedules in the regulations for this collection process. 6. ESTIMATING THE BURDEN OF THE COLLECTION The content of the environmental information submitted by an applicant for a draft EA and supporting documents and an EID for a draft EA and supporting documents is similar. There may be a financial difference for grantees in that EPA financial assistance generall y ma y be used to prepare an EID but not to prepare a draft EA and supporting documents (see footnote 12). New source NPDES permit applicants are not eligible for EPA financial assistance. The applicant may also enter into a third

- party agreement whereby

the applicant engages and pay s for the services of a contractor to prepare the draft EA and supporting documents. EPA’s experience with applicants14

has generally

been that they

contract directl y for preparation of an EID or a draft EA and supporting documents. 13 Therefore, for purposes of estimating the maximum burden, the calculations will be based on preparation of a draft EA by a contractor whose services will be paid for b y the applicant. The content of the environmental information submitted by an applicant for a draft EI S and supporting documents and an EID for a draft EI S and supporting documents is similar. For grantees, third

- part y contractor costs may be eligible for cost reimbursement (see footnote 12). New sourc e NPDES permit applicants are not eligible for EPA financial assistance. Although an applicant may

contract for preparation of an EID for a draft EI S, because EISs are generall y more complex than EAs in terms of the issues to be addressed and the associat ed anal ys es, it has generall y been EPA’s experience that applicants will enter into a third

- party agreement with EPA for preparation of the EIS and supporting documents. Therefore, for purposes of estimating the maximum burden for this I CR, EPA assumes th e applicant will enter into a third

- part y agreement for the environmental review process and preparation of the documents for the project. 14 6(a) Estimated Respondent Burden : For an EPA action subject to NEPA that is based on an applicant proposal, the applicant would generall y submit information to the EPA Responsible Official as part of the environmental review process as delineated in Section 4(b), Table 1. As noted above, EPA assumes the applicant will use a contractor to compile and prepare the environmental information to be submitted to the Responsible Official. For the applicant, the burden 15 includes the time and costs needed to:
1. Procure contractor services. 2. Review instructions (such as the regulations and any program - specific guidelines the Responsible Official may also provide) and/or meet with the Responsible Official. 3. Research data sources.

13 It has been EPA’s experience that applicants often use in

- house engineering contractors for preparing CE

and EA

- related environmental documents usually without seeking cost reimbursement.

14 EP A believes the calculations for this ICR are representative of most projects. EPA’s experience with a limited number of EISs has included one

- time costs ranging from nominal for information submitted by letter to supplement an existing oil and gas extract ion EIS to over a million dollars for new EISs for a mining project and an oil and gas extraction project with multiple complex issues.

15 For purposes of this ICR: Burden means the total time, effort, or financial resources expended by persons to generat e, m aintain, 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 verifyi ng 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 info rmation; research data sources; complete and review the collection of information; and transmit or otherwise disclose the information.15

4. Complete and review the collection of environmental information. 5. Transmit the information to the R esponsible Official. 6. Meet with the Responsible Official on the need for an y revisions to the environmental information, and prepare and submit any necessary

revisions to the information. The applicant would not be required to develop, acquire, install, o r utilize technology and sy stems for the purposes of collecting, validating, and verify ing information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply with an y previously

applicable instructions and requirements; or train personnel to be able to respond to a collection of information; nor would there be requirements for ongoing reporting or recordkeeping. In summary , EPA assumes an applicant would expend time and incur contractor costs to submit: (1) information to support application of a categorical exclusion with environmental information prepared directly by the applicant’s contractor, or (2) a draft EA and supporting documents prepared directly by the applicant’s contractor, or (3) a draft and final EI S and supporting documents prepared b y the applicant’s contractor under a third

- party agreement with EPA. Respondents include grant applicants apply ing to EPA for funding of special projects identified in the STAG account authorized by Congress through the Agency ’s annual Appropriations Act. These applicants are generally governmental jurisdictions. Until recentl y, such grants authorized by Congress, and subsequently awarded by

EPA, had generally

been increasing annually . However, for the 3

- ye ar period 2007 through 2009, the number of grants awarded stabilized at about 300 annually . Therefore, EPA anticipates that approximately 900 STAG grants will be awarded during the 3

- ye ar life of this I CR, with approximately 300 awarded annual ly . EPA estimated that about 60% of the STAG projects were documented with a CE, and about 40% with an EA/FONSIalthough EPA anticipates that the STAG projects documented with a CE may increase 10% to 15%. Thus, based on experience, EPA anticipates there will be approximately

300 grantee projects annuall y with about 75% of these projects documented with a CE, and about 25% with an EA/FONSI . In addition, EPA estimates that one project (less than one percent of the total annual grantee projects) will have an EIS/ROD completed during the 3

- ye ar period of this I CR. EPA estimated contractor costs and hours, and hours for grantees and EPA for CE, EA/FONSIand EI S/ROD documentation are summarized in Table 2 (also see Section 6(b) for further information on esti mates for EPA’s burden).16

Table 2. Summary

of Estimated Contractor Costs and Hours for Grantees and EPA CE Documents Project Current 3 - Yr ICR Period EA/FONSI Documents Project Current 3 - Year ICR Period EIS/ROD Documents Project Current 3 - Yr ICR Period Grantee $3,000

5 hrs $3,000*

5 hrs $15,000

60 hrs $19,000*

60 hrs $300,000

440 hrs $372,000*

440 hrs *Contractor: $75/hour (a) $75/hr x 40 hrs = $3,000 *Contractor: $95/hour $95/hr x 200 hrs = $19,000 *Contractor: $155/hour $155/hr x 2400 hrs = $372,000 EPA $0 $0 $5,000 for 25% of projects $5,000 for 25%

of projects $0 $0 30 hrs 60% 40 hrs

75% 120 hrs

40% 120 hrs

25% 440 hrs

1 per 3
- yrs 530 hrs

1 per 3
- yrs a Contractor cost/hour assumed to include consolidated wages for all personnel working on the project, project expenses, overhead and profit. Respondents also include permit applicants appl yi ng to EPA for issuance of new source NPDES permits under §402 CWA. EPA issues new source NPDES permits only in states and U.S. territorie s that have not assumed authority for this program (see Section (4(a)). Because most states have assumed the NPDES program, few new source NPDES permits are issued b y EPA. Regions 4, 6 and 10 currentl y handle the majority of these projects. As presented in Section 4(a) of this Supporting Statement, most projects involve oil and gas extraction in off

shore waters areas, hardrock mining, concentrated animal feeding operations (CAFOs), dairy farming, and seafood processing. None of these projects have been documented with a CE and, during the 3

- year life of this I CR, EPA does not anticipate any projects will be documented initially with a CE. Further, for the 3

- ye ar life of this I CR, EPA estimates that annually about 11 projects will be documented with EAs /FONSIs. In addition, EPA estimates one project will have an EI S/ROD completed annually . EPA estimated contractor costs and hours, and hours for permit applicants and EPA for EA/FONSI and EI S/ROD documentation are summarized in Table 3 (also see Section 6(b) for further information on estimates for EPA’s burden).17

Table 3. Summary

of Estimated Contractor Costs and Hours for Permit Applicants and EPA CE Documents Project Current 3 - Yr ICR Prd EA/FONSI Documents Project Current 3 - Y

ear ICR Period EIS/ROD Documents Project

Current 3 - Yr ICR Period Perm it Applicant None None $50,000 60 hrs $62,000*

60 hrs $300,000*

440 hrs $372,000*

440 hrs * Contractor: $155/hour a $155/hr x 400 hrs = $62,000 *Contractor: $155/hour $155/hr x 2400 hrs = $372,000 EPA None None $10,000 for 50% of projects $10,000 for

50% of projects $0 $0
120 hrs 11 projects 120 hrs

11 projects 440 hrs

1 per year 530 hrs

1 per year a Contractor cost/hour assumed to include consolidated wages for all personn el working on the project, project expenses, overhead and profit. EPA does not anticipate any applicant capital or start up costs. 16 Operating and maintenance (O&M) costs are the recurring dollar amount of cost associated with O&M or purchasing services. EPA assumes the O&M costs associated with the paperwork requirements for respondents would be costs for photocop yi ng and mailing the compiled environmental information for a CE, EA or EI S. For a CE, EPA assumes up to 20 pages may be copied at 10¢ per pa ge, or $2.00. For maximum cost estimate purposes, EPA assumes the documentation is express mailed at a cost of $15.00, for a total cost of $17.00 per CE. For an EA, EPA assumes 100 pages will be submitted at a cost of $10.00 for cop yi ng and $30.00 for ex press mail for a total cost of $40.00 per EA. For an EIS, EPA assumes 800 pages will be submitted (4 x 200 pages per EI S
- preliminary

draft EIS, draft EIS, preliminary final EI S, final EIS) at a cost of $80.00 for copy ing and $200.00 for express mail (4 x $50 per document) for a total cost of $280.00 per EIS. Based on the above assumptions and estimates for grantees and permit applicants, Tables 4 and 5 list the estimated one

- time, annual and three

- year contractor hours and costs, and hours, direct la bor and O&M costs for grantees and permit applicants (three ye ars represents the approval period for this ICR). The direct labor rate, including benefits, for state and local government (management and professional) applicants is assumed to be $48; loaded at 25% for other non

- benefits overhead, this rate is $60. The direct labor rate for federally

- recognized Indian tribe applicants is assumed to be the same as for state and local government applicants. Grantee

16 One
- time capital/start

- up costs usually include any produced physical good needed to provide the necessary information. Start
- up capital must be purchased for the specific purpose of satisfying EPA's reporting or recordkeeping requirements. Capital goods include computers, machinery, or equipment. Start

- up capital costs are usually incurred at the beginning of an inform ation collection period and are usually incurred only once.18

applicants are assumed to be state and local governments and federall y - recognized Indian tribes. The direct labor rate, including benefits, for civilian worker (professional) applicants is assumed to be $48; loaded at 50% for other non

- benefits overhead and including profit, this rate is about $72. Permit applicants are assumed to be civilian worker applicants. (Labor rates, including benefits, from the Bureau of Labor Statistics, “Employ er Costs for Employee Compensation

– March 2010,” http://www.bls.gov/news.release/ecec.nr0.htm )19

Table 4. One

- Time, Annual and 3

- Year Total Estimated Costs and Hours for Grant Applicants Respondent CE Projects EA/FONSI Projects EIS/ROD Projects Totals Grantee
Annual: Number of Pr ojects Contractor Hour s Contractor Costs Grantee Hours Grantee Labor Costs O&M
Totals on One
- Time Pr oj. Basis 75% x 300 proj = 225 proj

225 proj x 40 hrs/proj = 9,0 00 hours 225 proj x $3,000/proj = $ 675 ,000 225 proj x 5 hrs/proj = 1,125 hours 1,125 hours x $ 60 /hou r = $ 67,500 225 proj x $17/proj = $ 3,825 40 + 5 = 45 hours/project $3,000 + ($ 60 x 5) + $17 = $3, 317 /project 25% x 300 proj = 75 proj
75 proj x 200 hrs/proj = 15 ,000 hours 75 proj x $1 8 ,000/proj = $1, 35 0,000 75 proj x 60 hrs/proj = 4,5 00 hours 4, 500 hours x $ 60 /hour = $ 270,000 75 proj x $40/proj = $ 3,000 200 + 60 = 260 hours/proj $1 8 ,000 + ($ 60 x 60) + $40= $ 21,640 /project (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) ( None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) Grantee
Annual: 300 projects
24,0 00 hours $2, 025 ,000 5,625 hours $ 337,500 $ 6,825

Gran tee 3
- Yr Total: Number of Pr ojects Contractor Hours Contractor Costs Grantee Hours Grantee Labor Costs O&M Totals on One
- Time Pr oj. Basis 3 yrs x 225 proj = 675 proj

3 yrs x 9,000 hours = 2 7,0 00 hours 3 yrs x $ 675 ,000/yr = $ 2,025,000 3 yrs x 1,125 hours = 3,375 hours 3 yrs x $ 67 ,500/yr = $ 202,500 3 yrs x $3, 825 /yr = $ 11,475 3 yrs x 75 proj = 225 proj 3 yrs x 15 ,000 hours = 45 ,000 hours 3 yrs x $1, 35 0,000/yr = $ 4,050,000 3 yrs x 4,500 hours = 13,500 hours 3 yrs x $ 270 ,000/yr = $ 810 ,00 0 3 yrs x $ 3,000 /yr = $9,000 1 project on a 3

- year basis 1 proj x 2,400 hours/proj = 2,400 hours 1 proj x $3 72 ,000/proj = $3 72 ,000 1 proj x 440 hours/proj = 440 hours 440 hrs x $ 60 /hour = $ 26,400 1 proj x $280/proj = $280 2,400 + 440 = 2,840 ho urs $3 72 ,000 + ($ 60 x 440) + $280 = $3 98,680 Grantee
3
- Yr Total: 90 1 projects
74,4 00 hours $ 6,447 ,000 17,315 hours $ 1,038,900 $ 2 0,75520

Table 5. One

- Time, Annual and 3

- Year Total Estimated Costs and Hours for Permit Applicants Respondent C

E Projects EA/FONSI Projects EIS/ROD Projects Totals Permitee

Annual: Number of Pr ojects Contractor Hours Contractor Costs Permitee Hours Permitee Labor Costs O&M Totals on One
- Time Pr oj. Basis None

None
None
None
None None (None) 1 1 projects/year 11 proj x 400 hrs/proj = 4,400 hours 11 proj x $ 62 ,000/proj = $ 682 ,000 11 proj x 60 hrs/proj = 660 hours 660 hours x $ 72 /hour = $4 7,52 0 11 proj x $40/proj = $440 400 + 60 = 460 hours $ 62 ,000 + ($ 72 x 60) + $40 = $ 66,360 1 project/year 1 proj x 2,400 hrs/proj = 2,400 hours 1proj x $3 72 ,000/proj = $3 72 ,000 1 proj x 440 hrs/proj = 440 hours 440 hours x $ 72 /hour = $ 31,680 1 proj x $280/proj = $280 2,400 + 440 = 2,840 hours $3 72 ,000 + ($ 72 x 440) + $280 = $ 403,960 Permitee

Annua l: 12 projects 6,800 hours $ 1,054,000 1,100 hours $ 79,200 $ 720

Permitee

3
- Yr Total: Number of Pr ojects Contractor Hours
Contractor Costs Permitee Hours Permitee Labor Costs O&M None

None

None
None
None None 3 yrs x 11 proj/yr = 33 proj 3 yrs x 4,400 hours = 13,200 hours 3 yrs x $ 682 ,000/yr = $ 2,046,000 3 yrs x 660 hours = 1,980 hours 3 yrs x $ 47,520 = $ 142,560 3 yrs x $440/yr = $1,320 3 yrs x 1 proj/yr = 3 proj 3 yrs x 2,400 hours = 7,200 hours 3 yrs x $ 372,000 /yr = $ 1,116,000 3 yrs x 440 hrs/yr = 1,320 hours 3 yrs x $ 31,680 = $ 95,040 3 yrs x $280/yr = $840 Permitee

3
- Yr Total: 36 projects
20,400 hours $ 3,162,000 3,300 hours $ 237,600 $ 2,160 As discussed in Section 5, the information collected under this I CR is one

- time only for applicant

- proposed actions. Grantees or permit applicants must submit environmental information to EPA as part of the environmental review process unless the Responsible Official decides to prepare the NE PA documents without assistance from the applicant. If the applicant cannot afford to provide the required environmental information to EPA, then EPA would undertake the environmental review without input from the applicant (see footnote 11). Further, gr antees may

be grant

- eligible for certain costs associated with providing environmental information to EPA (see footnote 12); permit applicants are not eligible for EPA financial21

assistance. Table 6 summarizes the one

- time total estimated applicant costs, including contractor hours and costs, applicant hours and direct labor costs, and O&M for documentation to support a CE, or an EA/FONSI, or an EI S/ROD. Based on EPA experience, under 40 CFR Part 6, EPA anticipates that for grantees there will be approximately 300 projects with about 75% of the projects documented with a CE, and about 25% with an EA/FONSI. In addition, EPA estimates that one project (less than one percent of the total annual grantee projects) will have an EIS/ROD completed during the 3

- year life of this I CR. For permit applicants, EPA assumes there will be approximately

12 projects annually

with about 11 of the projects documented with an EA/FONSI. In addition, EPA estimates one project will have an EI S/ROD completed annually . None will be documented initially

with a CE. Table 6. Summary

of Estimated One

- Time Total Costs and Hours for Applicants Respondent One- Time Total Costs and Hours CE EA/FONSI EIS/ROD Grant Applicant Contractor Hrs/Cost Direct Hrs/Labor Cost O&M T otal Hours Cost Hours Cost Hours Cost 40 $3,000 200 $1 8 ,000 2,400 $3 72 ,000 5 300 60 3, 6 00 440 2 6,4 00

$17 $40 $ 280 45 $3, 317 260 $ 21,640 2,840 $ 398,680 ONE PER 3
- YEARS Permit Applicants Contractor Hrs/Cost Direct Hrs/Labor Cost O&M Total Hours Cost Hours Cost Hours Cost None None 400 $ 62,000 2,400 $3 72 ,000 N one None 60 4,320 440 31,680 None None $ 40 $ 280 None None 460 $ 66,360 2,840 $ 403,960 The information collected under this I CR is one

- time only for EPA actions subject to NEPA that are based on applicant proposals ( see Section 5). For purposes of this I CR, Table 7 summarizes the estimated total annual and 3

- ye ar applicant costs, including contractor hours and costs, applicant hours and direct labor costs, and O&M for the three

- ye ar period of this I CR. Based on EPA ’s experience, EPA anticipates there will be approximately 300 grantee projects annually with about 75% of these projects documented with a CE, and about 25% with an EA/FONSI. In addition, EPA estimates that one project (less than one percent of the total annual grantee projects) will have an EIS/ROD completed during the 3

- year life of this I CR. For permit applicants, EPA assumes there will be approximately 12 projects annually

with about 11 of the projects documented with an EA/FONSI . In addition, EPA e stimates one project will have an EI S/ROD completed annually . None will be documented initially with a CE.22

Table 7. Summary

of Total Estimated Annual and 3

- Year Costs and Hours for Applicants Respondent Annual 3 - Year Life of ICR Grant Applicant Contractor Hrs/Cost Direct Hrs/Labor Cost O&M Number of Projects Sub

- Totals Hours Cost 24,000 $2, 025 ,000 5,625 337,500

$6,825 300 300 29,625 $2, 369,325 Hours Cost 74,400 $ 6,447,000 17,315 1, 038,900

$ 2 0,755 901 901 91,715 $ 7,506,655 Permit Applicant Contra ctor Hrs/Cost Direct Hrs/Labor Cost O&M Number of Projects Sub

- Totals Hours Cost 6,800 $ 1,054,000 1,100 79,200

$ 720 12 12 7,900 $ 1,133,920 Hours Cost 20,400 $ 3,162,000 3,300 237,600

$ 2,160 36 36 23,700 $ 3,401,760 Totals 312 47,200 $3, 503,245 937 144,440 $ 10,908,415 6(b) Estimated Federal Government Burden : 17 For EPA actions subject to NEPA that are based on applicant proposals, EPA may : (1) prepare the NEPA documents without assistance from the applican t, with or without using EPA contractor support; or (2) prepare the NEPA documents based on information submitted by the applicant (and any

other supplemental information) with or without using EPA contractor support. If an EPA contractor is used, the con tractor is generally

tasked with technical assistance for reviewing any applicant

- submitted information, gathering any other necessary information, and preparing the EA or EIS and supporting documents for EPA’s Responsible Official. EPA generally does not use its contractors on projects documented with a CE or for which EPA and the applicant enter into a third

- party agreement.

 For CEs, EPA estimates it prepares CE documentation without assistance from the applicant for five STAG projects per ye ar based on the information in a grantee’s grant application and supplemental information gathered directly by EPA using about 50 hours per project. For CE

- documented projects based on grantee

- submitted information, EPA uses an estimated 40 hours.

 For EAs, EPA es timates contractor costs for technical assistance with reviewing an applicant’s draft EA and supporting documents and subsequent preparation of the EA at $5,000, with EPA using an estimated 120 hours. EPA estimates use of a contractor on about 25% of the grantee projects and 50% of the permit applicant projects.

 Most applicant EI Ss are prepared under a third

- party agreement with EPA directly

17 EPA actions for construction of special purpose facilities or facility renovations of EPA facilities are actions undertaken directly by EPA and do not involve applicants. Therefore, EPA’s burde n (contractor costs and hours) for these actions is not included in this ICR Supporting Statement.23

reviewing the third

- part y contractor - prepared EI S and supporting documents using an estimated 530 hours per proje ct. EPA has also, and will likely continue to prepare EISs for new source NPDES permit projects in conjunction with other federal agencies. In these cases, EPA is usually a Cooperating Agency and either adopts or supplements and reissues the lead agency ’ s EI S. EPA may also supplement and reissue one of its own EI Ss for a project. EPA generally uses a contractor in these cases with contractor costs ranging widely with an average of $50,000 per project . For purposes of this ICR and based on EPA’s experie nce with adoption or supplementation of another EI S, EPA estimates that for direct preparation of one such EIS/ROD annually , EPA’s contractor costs are estimated to be $50,000 with EPA using an estimated 530 hours. Estimated contractor costs and hours for EPA for applicant

- proposed projects are compiled on a document

- ty pe basis with the burden assumed to be the same for environmental information submitted by either a grantee or permit applicant. The following lists EPA’s tasks generall y associated with preparation of NEPA documents based on environmental information submitted by

an applicant and the estimated hours for these tasks: 1. Consult with the applicant as earl y as possible in the planning process to provide guidance with respect to the appropriat e level and scope of information that EPA may require; for CEs, EPA estimates 10 hours, for EAs 20 hours, and for EISs 40 hours. 2. Review and independently evaluate the applicant

- submitted and other project

- related documents, including the grant or permit ap plication and any appropriate public comments, and provide comments or guidance to the applicant about any additional information needed. For purposes of this I CR, these cost and hour estimates include using EPA contractor technical assistance during the review process for EAs. For CEs, EPA estimates 5 hours, for EAs 40 hours, and for EI Ss 160 hours. 3. Meet with the applicant on the need for an y revisions to the environmental information and supporting documents, and review an y revised documentation; for CE s, EPA estimates 5 hours, for EAs 10 hours, and for EI Ss 40 hours. 4. Consult with the applicant, when appropriate, on a third

- part y agreement. EPA assumes this will generally

be done only

for an EI S and estimates 20 hours for this task. 5. Complete the require d environmental review and NEPA documentation before rendering a final decision regarding the applicant’s proposed action; for CEs, EPA estimates 5 hours, for EAs 40 hours, and for EI Ss 160 hours. 6. Maintain files; for CEs, EPA estimates 5 hours, for EAs 10 hours, and for EI Ss 20 hours. On occasion, EPA may

prepare the NEPA documentation without assistance from the applicant for an applicant’s project, using an EPA contractor for technical assistance with preparation of EAs/FONSI s and EI Ss/RODs. EPA tasks, and the estimated hours for these tasks, generall y include the following: 1. Issue a Statement of Work for the project; for CEs EPA estimates 0 hours, for EAs 15 hours, and for EI Ss 40 hours.24

2. For EPA’s direct consultations for CEs, and for coordination with the contractor and/or for direct consultations during EA or EIS preparation, on issues related to consulting with federal agencies, states or federall y - recognized Indian tribes regarding extraordinary circumstances and/or potential impacts; for CEs EPA es timates 23 hours, for EAs 20 hours, and for EI Ss 60 hours. 3. Review the contractor

- prepared documents; for CEs EPA estimates 0 hours, for EAs 40 hours, and for EI Ss 160 hours. 4. Complete the required NEPA review and documents; for CEs EPA estimates 15 hours, f or EAs 35 hours, and for EISs 160 hours. 5. Maintain files; for CEs EPA estimates 2 hours, for EAs 10 hours, and for EISs 20 hours. There are no one

- time capital/start

- up costs for EPA, and the O&M hours for maintaining files are included in the EPA hours e stimate. For EPA actions subject to NEPA that are based on applicant proposals with applicants submitting environmental information, EPA’s annual and three

- ye ar estimated contractor costs and hours are summarized in Table 8 for grantee projects and Table 9 for permit applicant projects. Table 10 summarizes EPA’s annual and three

- ye ar estimated contractor costs and hours for preparation of CE, EA and EIS documentation by EPA without assistance from the applicant and with EI S preparation based on adoption of another federal agency ’s EIS or supplementation of another E IS . For purposes of this Supporting Statement, EPA assumes its contractor rate is $75 /hour for CE’s, $95/hour for EA/FONSI’s and $155/hour for EIS’s which includes consolidated wages for all p ersonnel working on a project, project expenses and profit. EPA’s hourly salary rate of about $6 5 is based on the pay for a GS

- 12, step 10, with 70% overhead, including benefits, O&M and other overhead expenses; see federal wages at: http://www.opm.gov. For this Supporting Statement, O&M is listed as a zero line item in the tables for ease of comparison to the applicant tables; specific O&M expenses are not included as these are included in EPA’s overhead.25

Table 8. Grantee Projects

- Annual and 3

- Year E stimated Costs and Hours Per Document Ty pe for EPA Respondent CE Projects EA/FONSI Projects EIS/ROD Projects Totals Grantees
- Annual Number of Pr ojects Contractor Hours Contractor Costs EPA Hours
EPA Direct Labor Costs O&M
Totals on One

Time Proj ect Basis 225 projects

0 $0 225 proj x 40 hrs/proj = 9,000 hours 9,000 hrs x $ 65 /hr = $ 585,000 $0
0hrs + 4 0hrs = 4 0 hrs $0 + ( 4 0hrs x $6 5 /hr) + $0 = $2,600 75 projects
25% x 75 proj x

70 hrs/proj = 1,313 hours 25% x 75 proj x $5,000/proj = $ 93,750 75 proj x 120 hrs/proj = 9,000 hours 9,000 hrs x $6 5 /hr = $ 585,000 $0
70hrs + 120hrs = 190 hours $5,000 + (120hrs x $6 5 /hr) + $0 = $12, 8 00 (None annually, one on a 3
- ye ar basis) (N one annually, one on a 3
- ye ar basis) (None annually, one on a 3
- ye ar basis) (None annually, one on a 3
- ye ar basis) (None annually, one on a 3
- ye ar basis) (None annually, one on a 3
- ye ar basis 300 projects
1,313 hours $ 93,750 18,000 hours $ 1 ,170,000 $0

Grantees
- 3
- Yr Total: Number of Pr ojects Contractor Hours Contractor Costs EPA Hours
EPA Direct Labor Costs O&M Totals on One

Time Project Basis 3 yrs x 225 proj/yr = 675

proj 3 yrs x 0 hours/yr = 0 3 yrs x $0 =$0 3 yrs x 9 , 0 00 hrs/yr = 27,0 00 hours 3 yrs x $ 585,000 /yr = $ 1,755,000 3 yrs x $0/yr = $0 3 yrs x 75 proj/yr = 225 projects 3 yrs x 1,313 hours/yr = 3,939 hour s 3 yrs x $ 93,750 /yr = $ 281,250 3 yrs x 9,000 hrs/yr = 27,000 hours 3 yrs x $ 585,000 /yr = $ 1,755,000 3 yrs x $0/yr = $0 1 project on a 3

- yr basis 1 proj x 0 hrs/yr = 0 hours 1 proj x $0 = $0 1 proj x 530 hours = 530 hours 530 hrs x $ 65 /hr = $ 34,450 $0 0 + 530 hrs = 530 hrs $0 + $ 34,450 + $0 = $ 34,450 901 projects 3,939 hours $ 218,250 54,530 hours $ 3,544,450 $0

a Project assumed to be under third

- party contract with no technical support by EPA’s contractor.26

Table 9. Permit Applicant Projects

- Annual and 3

- Year Estimated Costs and Hours Per Document Ty

pe for EPA Respondent CE Projects EA/FONSI Projects EIS/ROD Projects Totals Permitees

- Annual No. Projects Contractor Hours Contractor Costs EPA Hours EPA Direct Labor Costs O&M Totals on One

Time Project Basis None

None
None
None
None None (None) 11 projects/year

50 % x 11 proj x

135 hr/proj =

~ 740 hours 50% x 11 proj x $10,000/proj = $55,000 11 proj x 120 hrs/pr= 1,320 hrs 1,320 hrs x $6 5 /hr = $ 85,800 $0 135 hrs + 120 hrs = 255 hours $10,000 + (120 hr x $6 5 /hr) + $0 = $17, 8 00 1 project/year 1 proj x 0 h r/proj = 0 hours 1 proj x $0/proj = $0 1 proj x 53 0hrs/proj = 530 hours
530 hrs x $6 5 /hr = $ 34,450 $0 0 hrs + 53 0 hrs = 53 0 hours $0 + $ 34,450 + $0 = $ 34,450 12 projects

~ 740 hours $55,000 1,850 hours $ 120,250 $0

PERMITEES
- 3
- Yr Tota l: No. Projects Contractor Hours Contractor Costs EPA Hours EPA Direct Labor Costs O&M None

None
None None
None None 3 yrs x 11 proj/yr = 33 projects

3 yrs x 740 hrs/yr = 2,220 hours 3 yrs x $55,000/yr = $165,000 3 yrs x 1320 hrs/yr = 3,960 hrs 3 yrs x $ 85,800 /yr = $ 257,400 3 yrs x $0/yr = 0 3 yrs x 1 proj/yr = 3 proj 3 yrs x 0 hrs/yr = 0 hours 3 yrs x $0/yr = $0 3 yrs x 530 hrs/yr = 1,59 0 hrs 3 yrs x $ 34,450 /yr = $ 103,350 3 yrs x $0/yr = $0 36 projects

~ 2,200 hours $165,000 5,550 hours $ 360,750 $0 a Project assumed to be under third

- party contract with no technical support by EPA’s contractor.27

Table 10. Annual and 3

- Year E stimated Costs and Hours by Document Type for Direct Preparation of Documents by EPA for Applicant Projects Respondent CE Projects EA/FONSI Projects EIS/ROD Projects Totals Annually No. Projects

- Grantees only Contractor Hours Contractor Costs EPA Hou rs
EPA Direct Labor Costs O&M
Totals on One

Time Project Basis 5 projects

0 $0 5 proj x 5 0 hrs/proj = 2 50 hrs 2 50 hrs x $6 5 /hr = $ 16,250 $0 0 + 50 hrs = 5 0 hrs $0 + ( 5 0hr x $6 5 /hr) + $0 = $ 3,250 (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3
- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis) (None annually, one on a 3

- year basis 5 projects

0 $0
2 5 0 hours $ 16,250 $0

3
- Yr Total No. Projects Grante es and Permitees Contractor Hours Contractor Costs
EPA Hours
EPA Direct Labor Costs O&M Totals on One

Time Project Basis 3 yrs x 5 proj =

15 proj 3 yrs x 0 hrs/yr = 0 hours 3 yrs x $0/yr = $0 3 yrs x 2 50 hrs/yr = 750 hours 3 yrs x $1 6,25 0/yr = $ 48,750 3 yrs x $0/yr = $0 1 proj/3

- yrs = 1 project
1 proj x 670 hours/proj = 670 hours 1 proj x $ 62 ,000/proj = $ 62 ,000 1 proj x 120 hrs/yr = 120 hours 120 hrs x $6 5 /hr = $7, 8 00 $0 670hr + 120hr = 790 hrs $ 62 ,000 + $7, 8 00 + $0 = $ 69,8 0 0 1 proj/3

- yrs = 1 project
1 proj x 670 hours/proj = 670 hours 1 proj x $50,000/proj = $50,000 (adopt/supplement) 1 proj x 53 0 hrs/proj = 530 hrs 53 0 hours x $6 5 /hr = $ 34,450 $0 670hrs + 53 0hrs = 1,20 0 hrs $50,000 + $ 34,45 0 + $0 = $ 84,450 17 p rojects
1,340
$ 1 12 ,000 1,400 hours $ 91,000 $0

As discussed in Section 5, the information collected under this I CR is one

- time only for EPA actions subject to NEPA that are based on applicant proposals. Grantees or permit applicants submit e nvironmental information to EPA as part of the environmental review process unless the Responsible Official decides to prepare the NEPA documents without assistance from the applicant. Table 11 summarizes the one

- time total estimated EPA costs, including contractor28

hours and costs and EPA hours and direct labor costs for preparation of a CE, or an EA/FONSI, or an EIS/ROD. For this Supporting Statement, O&M is listed as a zero line item in the table for ease of comparison to the applicant tables; specific O&M expenses are not included as these are included in EPA’s overhead. Based on EPA’s experience , EPA anticipates that for grantees there will be approximately

300 projects with about 75 % of the projects documented with a CE, and about 25 % with an EA/FONSI . In addition, EPA estimates one project (less than one percent of the total annual grantee projects) will have an EIS/ROD completed during the 3

- year life of this ICR. For permit applicants, EPA assumes there will be approximately 12 projects annuall y w ith about 11 of the projects documented with an EA/FONSI . In addition, EPA estimates one project will have an EIS/ROD completed annuall y. None will be documented initially with a CE. Table 11. Summary

of Estimated One

- Time Total Costs and Hours for EPA Respondent One- Time Total Costs and Hours CE EA/FONSI EIS/ROD Grant Applicant Projects Contractor Hrs/Cost Direct Hrs/Labor Cost O&M Total Hours Cost Hours Cost Hours Cost 0 $ 0 70 $ 5,000 0 $ 0 4 0 2,6 00 120 7, 8 00 53 0 34,450

$ 0 $ 0 $ 0 4 0 $ 2,6 00 190 $12, 8 00 53 0 $ 34,450 Permit Applicant Projects Contractor Hrs/Cost Direct Hrs/Labor Cost O&M Total Hours Cost Hours Cost Hours Cost None None 135 $10,000 0 $ 0 None None 120 7, 8 00 53 0 34,450 None None $ 0 $ 0 None None 255 $17, 8 00 53 0 $ 34,450 Prepared Directly by EPA Contractor Hrs/Cost Direct Hrs/Labor Cost O&M Total Hours Cos t Hours Cost Hours Cost 0 $ 0 670 $ 62 ,000 670 $50,000 5 0 3,25 0 120 7, 8 00 53 0 34,450

$ 0 $ 0 $ 0 5 0 $ 3,25 0 790 $ 69,800 1,200 $ 84,450 The information collected under this I CR is one

- time only for EPA actions subject to NEPA that are based on applicant proposals (see Section 5). For purposes of this I CR, Table 12 summarizes the total annual and 3

- ye ar estimated EPA costs, including contractor hours and costs and EPA hours an d direct labor costs for the three

- ye ar period of this ICR. For this Supporting Statement, O&M is listed as a zero line item in the table for ease of comparison to the applicant tables; specific O&M expenses are not included as these are included in EPA’s overhead. Based on EPA’s experience, under the final rule, EPA anticipates there will be approximately 300 grantee projects annually with about 75 % of these projects documented with a CE, and about 25 % with an EA/FONSI. In addition, EPA estimates that o ne project (less than one percent of the total annual grantee projects) will have an EIS/ROD completed during the 3

- ye ar life of this I CR. For permit applicants, EPA assumes there will be approximately 12 projects annually

with about 11 of the projects do cumented with an EA/FONSI. In addition, EPA estimates one project will have an EI S/ROD completed annually . None will be documented initially with a CE.29

Table 12. Summary

of Total Annual and 3

- Year Estimated Costs and Hours for EPA for Applicant

- Proposed Projects Respondent Annual 3 - Year Grant Applicant Projects Contractor Hrs/Cost Direct Hrs/Labor Cost O&M Number of Projects Sub

- Totals Hours Cost 1,313 $ 93,750 1 8,000 1,170, 000

$ 0 300 300 19,313 $1, 263 , 75 0 Hours Cost 3,939 $ 218,250 5 4,530 3,5 44 ,4 5 0

$ 0 901 901 58,469 $ 3,762,700 Permit Applicant Projects Contractor Hrs/Cost Direct Hrs/Labor Cost O&M Number of Projects Sub

- Totals Hours Cost 740 $ 55,000 1, 85 0 1 20 , 25 0 $ 0 12 12 2,590 $ 175,250 Hours Cost 2,200 $165,000 5, 55 0 360,750

$ 0 36 36 7, 75 0 $ 525,750 Prepared Directly by EPA Contractor Hrs/Cost Direct Hrs/Labor Cost O&M Number of Projects Sub

- Totals Hours Cost 0 $ 0 2 5 0 1 6 , 25 0

$ 0 5 5 2 5 0 $ 1 6 , 25 0 Hours Cost 1,340 $ 1 12 ,000 1, 40 0 91,000 $ 0 17 17 2, 74 0 $ 203,000 Totals 317 22,153 $ 1,455,250 954 68,959 $ 4,491,450 6(c) Estimated Annual and 3 - Year Aggregate Burden : As discussed in Sections 5, 6(a) and 6(b), the information collected under this I CR is one

- time onl y for EPA actions subject to NEPA that are based on applicant proposals. Grantees or permit ap plicants must submit environmental information to EPA as part of the environmental review process unless the Responsible Official decides to prepare the NEPA documents without assistance from the applicant. If the applicant cannot afford to provide the re quired environmental information to EPA, then EPA would undertake the environmental review without input from the applicant (see footnote 11). Further, grantees may be grant

- eligible for certain costs associated with providing environmental information to EPA (see footnote 12); permit applicants are not eligible for EPA financial assistance. Table 13 summarizes the aggregate one

- time total estimated applicant and EPA costs, including contractor hours and costs, direct labor hours and costs, and O&M for do cumentation to support a CE, or an EA/FONSI, or an EIS/ROD. For an y specific project, only one of these levels of documentation is generall y prepared. Based on experience, EPA anticipates that for grantees there will be approximately 300 projects with ab out 75 % documented with a CE, and about 25 % with an EA/FONSI. In addition, EPA estimates that one project (less than one percent of the total annual grantee projects) will have an EIS/ROD completed during the 3

- year life of this I CR. For permit applicant s, EPA assumes there will be approximately 12 projects annually with about 11 of the projects documented with an EA/FONSI. In addition, EPA estimates one project will have an EIS/ROD completed annuall y. None will be documented initially with a CE.30

Table 13. Summary

of Aggregate One

- Time Estimated Costs and Hours for Applicants and EPA One- Time Total Costs and Hours CE EA/FONSI EIS/ROD Hours Cost Hours Cost Hours Cost Grant Applicants Permit Applicants EPA Grant Applicant Projects Permit Applicant Projects Prepared Directly by EPA 45 $3, 317 260 $ 21,640 2,840 $3 98,680 One per 3
- years None None 460 $ 66,360 2,840 $ 403 ,960 One annually 4 0 $ 2,6 00 190 $12, 8 00 53 0 $ 34,45 0 One per 3
- ye ars None None 255 $17, 8 00 53 0 $ 34,45 0 One annually 5 0 $ 3,25 0 790 $ 69,8 00 1, 20 0 $ 84,450 Totals 1 35 $ 9,167 1,955 $188,400 7, 940 $ 955,990 “Third

- Year” calculation represents maximum hours/costs in a year The information collected under this I CR is one

- time only on a per - project basis for EPA actions subject to NEPA that are based on applicant proposals. Grantees or permit applicants submit environmen tal information to EPA as part of the environmental review process unless the Responsible Official decides to prepare the NEPA documents without assistance from the applicant. The NEPA review for a project may result in a CE, or an EA/FONSI , or an EIS/ROD

. For an y specific project, only one of these levels of documentation is generally prepared. Based on EPA’s experience, under the final rule, EPA anticipates there will be approximately 300 grantee projects annually with about 75 % of these projects docum ented with a CE, and about 25 % with an EA/FONSI. In addition, EPA estimates that one project (less than one percent of the total annual grantee projects) will have an EIS/ROD completed during the 3

- ye ar life of this I CR. For permit applicants, EPA assume s there will be approximately 12 projects annually

with about 11 of the projects documented with an EA/FONSI. In addition, EPA estimates one project will have an EI S/ROD completed annually . None will be documented initially with a CE. Table 14 summarize s the aggregate total annual and 3

- ye ar estimated applicant and EPA hours and costs, including contractor hours and costs, direct labor hours and costs, and O&M for documentation to support a CE, or an EA/FONSI , or an EIS/ROD.31

Table 14. Summar y of Aggregate Total Annual and 3

- Year Estimated Costs and Hours for Applicants and EPA Respondents and EPA Annual Projects Hours Cost 3 - Year Projects Hours Costs Grant Applicants Permit Applicants Sub

- Totals 300 30,572 $2, 369,325 12 7,900 1,133,920 312 3 8 , 472 $3, 503,245 901 91,715 $ 7,506,655 36 23,700 3,401,760 937 115,415 $ 10,908,415 EPA Grant Applicant Projects Permit Applicant Projects Prepared Dire ctly by EPA Sub

- Totals 300 19,313 $1, 263,75 0 12 2,5 90 1 75 , 25 0 5 2 5 0 1 6,25 0 317 2 2 , 153 $1, 455 , 25 0 901 58,469 $ 3,762,700 36 7,750 525,750 17 2, 74 0 203,000 954 68,959 $ 4,491,450 Totals 629 60,625 $ 4,958,495 1,891 184,374 $ 15,399,865 6(d) Change in Burden: Currently Approved Hours Requested

Hours Change Currently Approved Costs a Requested

Costs Change
Grant Applicants

- CE 8,100 10,125 +2,025 $3,060.00 $3,825 +$765 Grant Applicants

- EA 31,200 19,500
- 11,700 $4,800.00 $3,000

- $1,800 Grant Applicants

EIS b 947 947 0 $93.34 c $93.34 $0
Permit Applicants

- EA 5,060 5,060 0 $440.00 $440 $0 Permit Applic ants - EIS 2,840 2,840 0 $280.00 $280 $0 Total 48,147 38,472
- 9,675 $8,673.34 $7,638.34

- $1,035 a The costs only include O&M. b Approximately 1 EIS is completed every three years; for this table, the cost and hour estimates have been annualized. c This is an adjustment from the previous burden, where the cost of an EIS had not been annualized. The other changes in burden are due to program changes, based on the regulation changes. The reduction in burden is achieved b y increasing the number of projects that are documented with a categorical exclusion (CE) rather than an environmental assessment (EA). Under the current IC R , approximately 60 % of the annual 300 grant projects were documented with a CE, and 40 % with an EA. Under the renewal I CR , however, we est imate that out of the 300 annual grant projects, 75 % will be documented with a CE and 25 % will be documented with an EA. Annuall y, then, the burden would shift to 10,125 hours and $3, 825 for CE documentation, and 19,500 hours and $ 3,000 for EA documentati on. With the current IC R , the total annual burden is 48,147 hours and $ 8,673.34 . Under the renewal I CR , the total annual burden is 38,472 hours and $ 7,638.34 . The renewal ICR reduce s the total annual burden b y 9,675 hours and $ 1,035
.32

6(e) Burden State ment Summary and Burden Statement : EPA is collecting information from certain applicants as part of the process of comply ing with either NEPA or Executive Order 12114. EPA’s procedure s further the purpose of NEPA and provide that EPA may be guided by

these procedures to the extent they are applicable. Therefore, when EPA conducts an environmental assessment pursuant to its Executive Order 12114 procedures, the Agency generall y follows its NEPA procedures. For this I CR, applicant

- proposed projects subject to either NEPA or Executive Order 12114 (and that are not addressed in other EPA programs’ ICRs), are addressed through the NEPA assessment process. Those subject to 40 CFR Part 6 i nclude EPA officials who must comply with NEPA and certain grant and permit applicants who must submit environmental information to EPA for their proposed projects. The EPA Responsible Official is responsible for the environmental review process, includin g an y categorical exclusion determination or the scope, accuracy , and contents of an EA or EIS and an y supporting documents. The applicant contributes by submitting environmental information to EPA as part of the environmental review process. The information collected from grant or permit applicants is one

- time only on a per - project basis for EPA actions subject to NEPA that are based on applicant proposals. Grantees (primarily grants for special projects identified in EPA’s annual Appropriations Act ) o r permit applicants (for new source NPDES permits issued by EPA) are required to provide environmental information to EPA as part of the environmental review process unless the EPA Responsible Official decides to prepare the NEPA documents without assistan ce from the applicant. If the applicant cannot afford to provide the required environmental information to EPA, then EPA would undertake the environmental review without input from the applicant. Further, certain grantees may be grant

- eligible for certai n costs associated with providing environmental information to EPA; permit applicants are not eligible for EPA financial assistance. The NEPA review for a project may result in a categorical exclusion (CE), or an EA documented with a FONSI , or an EIS doc umented with a record of decision (EI S/ROD). (EPA assumes a project may

be documented with a CE only for grantee

- proposed projects. EPA does not anticipate that an initial new source NPDES permit application would be documented with a CE.) For an y speci fic project, only one of these levels of documentation is generall y prepared. Applicants may

submit an environmental information document (EID) to EPA as part of the environmental review process. Alternately , an applicant may submit a draft EA or a draft EI S and supporting documents. Applicants may prepare and submit the information directly , or may enter a third

- part y contract agreement with EPA for preparation of an EA or EIS and supporting documentation. For purposes of determining the maximum costs to applicants for this I CR, EPA assumed that grant and permit applicants would expend time and contractor costs to submit: (1) information to support application of a CE with environmental information prepared directly by the applicant’s contractor; or (2 ) a draft EA and supporting documents prepared directl y b y the applicant’s contractor; or (3) a draft and final EI S and supporting documents prepared by the applicant’s contractor under a third

- part y contract agreement with EPA. Based on experience, EPA anticipates there will be approximately 300 grantee projects33

annually with about 75 % of these projects documented with a CE, and about 25 % with an EA/FONSI. In addition, EPA estimates that one project (less than one percent of the total annual grantee pro

jects) will have an EIS/ROD completed during the 3

- year period of this I CR. For permit applicants, EPA assumes there will be approximately 12 projects annually

with about 11 of the projects documented with an EA/FONSI. In addition, EPA estimates one proj ect will have an EI S/ROD completed annually . None will be documented initially with a CE. EPA estimated the one - time costs for applicants to prepare the environmental documentation by including contractor hours and costs, direct labor hours and costs, an d O&M for documentation submitted to EPA to support a CE determination, or an EA/FONSI, or an EI S/ROD. For a grantee, EPA estimates an applicant’s one

- time costs for submitting environmental information will be: 45 hours and $3, 317 for CE documentation, or 260 hours and $ 21,640 for EA/FONSI documentation, or 2,840 hours and $ 398,680 for EIS/ROD documentation. For a permit applicant, EPA estimates an applicant’s one - time costs for submitting environmental information will be: 460 hours and $ 66,360 for EA/FONSI documentation, or 2,840 hours and $ 403,960 for EIS/ROD documentation. These figures may

vary depending on the complexity of issues associated with the project and the availability

of relevant information, particularly for EI Ss. (For example, EPA’s experience with a limited number of EI Ss has included one

- time costs ranging from nominal for information submitted by

letter to supplement an existing oil and gas extraction EI S to over a million dollars for new E IS s for a mining project and an oil and g as extraction project with multiple complex issues.) EPA believes the calculations for this I CR are representative of most projects. Burden Statement : The total annual public reporting and recordkeeping burden for this collection of information is esti mated at 38,472 hours and $3, 503,245 for contractor hours and costs, direct labor hours and costs, and O&M costs. This burden reflects an annual one

- time submission of documentation for an anticipated 312 applicant

- proposed projects that may be documented with a CE, or an EA/FONSI, or an EIS/ROD. Under the ICR renewal , EPA assumes there will be approximately 300 grantee projects annually with about 75 % of these projects documented with a CE, and about 25 % with an EA/FONSI. In addition, EPA estimates that one project will have an EI S/ROD completed during the 3

- year period of this ICR. For permit applicants, EPA assumes there will be approximately 12 projects annually

with about 11 documented with an EA/FONSI. In addition, EPA estimates one project will h ave an EIS/ROD completed annuall y. None will be documented initially with a CE. Over the 3

- year period of this ICR, EPA anticipates 937 applicant

- proposed projects with a 3

- ye ar total burden estimate of 115,415 hours and $1 0,908,415 . Burden means the to tal 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 technol ogy

and sy stems for the purposes of collecting, validating, and verify ing information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply with an y previously

applicable instructions and requ irements; train personnel to be able to respond to a collection of information; research 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 perso n is not required to respond to, a collection of information unless it display s a currently valid OMB control number. The OMB34

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 thi s 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 I CR under Docket ID Number EPA
- HQ
- O ECA
- 2005
- 0062 , which is available for online viewing at www.regulations.gov, or in person viewing at the Enforcement and Compliance Docket and In formation Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washingt on, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday , excluding legal holiday s. The telephone number for the Reading Room is (202) 566

- 1744, and the telephone number for the Enforcement and Compliance Docket and Information Center is (202) 566

- 1752 . 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, a nd to access those documents in the public docket that are available electronically . When in the sy stem, select “search,” then key

in the Docket ID Number identified above. Also, y ou can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA
- HQ
- OECA
- 2005
- 0062 and OMB Control Number 2020
- 0033 in an y correspondence.35

PART B OF THE SUPPORTING STATEMENT STATISTICAL SURVEY This collection of information does not use or is otherwise based on a statistical survey

.36 ATTACHMENT 1 TO THE SUPPORTING STATEMENT Exemptions from NEPA for Certain EPA Actions and EPA’s Voluntary NEPA Policy and Pro cedures Exemptions from NEPA for Certain EPA Actions Certain EPA actions are exempt from the procedural requirements of NEPA, including the CEQ Regulations. Congress has provided specific statutory exemptions for certain EPA actions taken under the Cl ean Water Act (CWA) and all EPA actions taken under the Clean Air Act (CAA). Specifically , under CWA Section 511(c)(1), EPA is exempt from preparing EI Ss for all actions taken under the CWA except for issuance of NPDES permits under CWA Section 402 for
“ new sources” as defined in Section 306, and for Federal financial assistance provided for assisting construction of publicly owned treatment works under CWA Section 201 (33 U.S.C. 1371(c)). Under the Energy Suppl y and Environmental Coordination Act of 197 4 (15 U.S.C. 793(c)(1)), all actions taken under the CAA are deemed not to be major federal actions significantl y affecting the environment. Further, the courts have exempted certain EPA actions from the procedural requirements of NEPA through the functi onal equivalence doctrine. Under the functional equivalence doctrine, courts have found EPA to be exempt from the procedural requirements of NEPA for certain actions under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Resource Conse rvation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), the Safe Drinking Water Act (SDWA), and the Marine Protection, Research, and Sanctuaries Act (MPRSA). The courts reasoned that EPA actions under these statutes are functionally equi valent to the anal ys is required under NEPA because they are undertaken with full consideration of environmental impacts and opportunities for public involvement. See, e.g. , EDF v. EPA , 489 F.2d 1247 (D.C. Cir. 1973) (FIFRA); State of Alabama v. EPA , 911 F . 2d 499 (11 th Cir. 1990) (RCRA); Wa rren County v. North Carolina , 528 F. Supp. 276 (E.D. N.C. 1981) (TSCA); Western Nebraska Resources Council v. US EPA , 943 F.2d 867 (8 th Cir. 1991) (SDWA); Maryland v. Train , 415 F. Supp. 116 (D. Md. 1976) (MPRSA). Age ncy actions exempt from the requirements of NEPA remain exempt under this final rule. If a question arises regarding the applicability of the NEPA requirements to certain actions, the Responsible Official should consult with the NEPA Official and the Offi ce of General Counsel. EPA's Voluntary NEPA Policy and Procedures In 1974, EPA Administrator Russell Train determined that the Agency could voluntarily prepare EISs for certain regulatory activities that were exempt from NEPA. In 1998, Administrator Carol Browner amended this policy to permit the preparation of non

- EI S NEPA37

documents for certain EPA regulatory actions. The Agency ’s current "Notice of Policy and Procedures for Voluntary Preparation of National Environmental Policy Act (NEPA) Documents" (see 63 FR 58045) sets out the policy and procedures EPA uses when preparing environmental review documents under the Voluntary NEPA Policy . This final rule does not make any changes to the voluntary

NEPA policy

and procedures. However, the final rule can serve as a framework for the preparation of voluntary NEPA documents.38 ATTACHMENT 2 TO THE SUPPORTING STATEMENT

List of Tables Table 1

- 1. Summary

of STAG Awards by

Region for the 3

- Year Period 2002 Through 2004 Tab le 1

- 2. Estimated Hours for Applicants and EPA for Preparation of NEPA

Documentation39

Table 1

- 1 . Summary

of STAG Awards by

Region for the 5
- Year Period 200 5 Through 2009 Region Year 1 2 3 4 5 6 7 8 9 10 HQ Total 2005 34 43 32 61 75 40 29 18 61 20 1 414 2006 48 26 61 108 104 49 23 46 75 50 6 596 2007 44 6 35 84 58 20 15 9 29 10 1 311 2008 10 3 34 29 27 3 11 11 10 12 1 151 2009 30 16 36 61 37 8 10 17 18 12 2 247

Table 1

- 2 . Estimated Hours for Applicants and EPA for Preparation of NEPA Documentation CE Documents Project EA/FONSI Documents Project EIS/ROD Documents Project Applicants assume 5 hours 120 hrs for EPA/2 = 60 hours Sam e as EPA = 440 hours EPA Applicant submits info: 4 0 hours

Direct preparation: 5 0 hours Applicant subm its info: 120 hours Direct preparation: 170 hours Applicant submits info: 530 hours Direct preparation: 570 hours