Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 67713 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OW–2010–0852; FRL–9219–9] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; National Pollutant 

Discharge Elimination System 

(NPDES) Permits for Point Source 

Discharges From the Application of 

Pesticides to Waters of the United 

States (New); EPA ICR No. 2397.01, 

OMB Control No. 2040–NEW 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), this document 

announces that EPA is planning to 

submit a request for a new Information 

Collection Request (ICR) to the Office of 

Management and Budget (OMB). Before 

submitting the ICR to OMB for review 

and approval, EPA is soliciting public 

comments on specific aspects of the 

proposed information collection as 

described below. 

DATES: Comments must be submitted on 

or before January 3, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2010–0852, by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: ow-docket@epa.gov. 

• Mail: EPA Docket Center, Water 

Docket, Environmental Protection 

Agency, Mailcode: 28221T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460. 

• Hand Delivery: EPA Docket Center, 

EPA West Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. Such deliveries are only 

accepted during the Docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OW–2010– 

0852. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/dockets/. 

FOR FURTHER INFORMATION CONTACT: Jack 

Faulk, EPA Headquarters, Office of 

Water, Office of Wastewater 

Management, Mailcode 4203M, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW, Washington, 

DC 20460; telephone number: 202–564– 

0768; fax number: 202–564–6384; email address: faulk.jack@epa.gov. 

SUPPLEMENTARY INFORMATION: 

How can I access the docket and/or 

submit comments? 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–OW–2010–0852, which is available 

for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the Water Docket in the EPA 

Docket Center (EPA/DC), EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA/DC 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Reading Room 

is 202–566–1744, and the telephone 

number for the Water Docket is 202– 

566–2426. 

Use www.regulations.gov to obtain a 

copy of the draft collection of 

information, submit or view public 

comments, access the index listing of 

the contents of the docket, and to access 

those documents in the public docket 

that are available electronically. Once in 

the system, select ‘‘search,’’ then key in 

the docket ID number identified in this 

document. 

What information is EPA particularly 

interested in? 

Pursuant to section 3506(c)(2)(A) of 

the PRA, EPA specifically solicits 

comments and information to enable it 

to: 

(i) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; 

(ii) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(iii) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(iv) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. In 

particular, EPA is requesting comments 

from very small businesses (those that 

employ less than 25) on examples of 

specific additional efforts that EPA 

could make to reduce the paperwork 

burden for very small businesses 

affected by this collection. 

What should I consider when I prepare 

my comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible and provide specific examples. 

2. Describe any assumptions that you 

used. 

3. Provide copies of any technical 

information and/or data you used that 

support your views. 

4. If you estimate potential burden or 

costs, explain how you arrived at the 

estimate that you provide. 

5. Offer alternative ways to improve 

the collection activity. 

6. Make sure to submit your 

comments by the deadline identified 

under DATES. 

7. To ensure proper receipt by EPA, 

be sure to identify the docket ID number 

assigned to this action in the subject 

line on the first page of your response. 

You may also provide the name, date, 

and Federal Register citation. 

What information collection activity or 

ICR does this apply to? 

Affected Entities: Entities potentially 

affected by this action are those required 

to obtain an NPDES permit for their 


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67714 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 

point source discharges from the 

application of pesticides to waters of the 

United States. States responsible for 

permitting these entities are also 

affected. 

Title: National Pollutant Discharge 

Elimination System (NPDES) Permits for 

Point Source Discharges from the 

Application of Pesticides to Waters of 

the United States (New). 

ICR Numbers: EPA ICR No. 2397.01, 

OMB Control No. 2040–NEW. 

ICR Status: This ICR is for a new 

information collection activity. An 

Agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information, unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in title 40 of the Code 

of Federal Regulations (CFR), after 

appearing in the Federal Register when 

approved, are listed in 40 CFR part 9, 

are displayed either by publication in 

the Federal Register or by other 

appropriate means, such as on the 

related collection instrument or form, if 

applicable. The display of OMB control 

numbers in certain EPA regulations is 

consolidated in 40 CFR part 9. 

Abstract: This Information Collection 

Request (ICR) calculates the burden and 

costs associated with information 

collection and reporting activities from 

EPA and State NPDES general permits 

for point source discharges from the 

application of pesticides to waters of the 

United States. On November 27, 2006, 

EPA issued a final rule (hereinafter 

called the ‘‘2006 NPDES Pesticides 

Rule’’) clarifying circumstances in 

which an NPDES permit was not 

required to apply pesticide to, or over, 

including near, waters of the U.S. On 

January 9, 2009, the Sixth Circuit Court 

vacated EPA’s 2006 NPDES Pesticides 

Rule. As a result of the Court’s decision, 

on April 9, 2011 NPDES permits will be 

required for discharges to waters of the 

U.S. from the application of biological 

pesticides and chemical pesticides that 

leave a residue. Regulations governing 

permit requirements for NPDES 

discharges are codified at 40 CFR parts 

122. This ICR includes information 

submitted or recorded by permittees as 

well as information used primarily by 

permitting authorities. The permitting 

authority will use the information to 

assess permittee compliance and 

modify/add new permit requirements as 

appropriate. The estimated burden in 

this ICR is based on EPA’s proposed 

NPDES Pesticide General Permit (PGP). 

EPA published the PGP in a Federal 

Register notice on June 4, 2010 (75 FR 

31775) and received over 700 public 

comments. EPA is reviewing the 

comments and will address them in the 

final permit. The final ICR will reflect 

the final permit. 

Burden Statement: The annual 

permittees and permitting authorities 

(44 states and Virgin Islands) reporting 

and recordkeeping burden for this 

collection of information is estimated to 

average 0.8 hours per response. Burden 

means the total time, effort, or financial 

resources expended by permittees and 

permitting authorities to generate, 

maintain, retain, disclose or provide 

information to, or for, a Federal agency. 

This includes the time needed to review 

instructions; develop, acquire, install, 

and utilize technology and systems for 

the purposes of collecting, validating, 

and verifying information, processing 

and maintaining information, and 

disclosing and providing information; 

train personnel to be able to respond to 

a collection of information; search data 

sources; complete and review the 

collection of information; and transmit 

or otherwise disclose the information. 

The ICR provides a detailed 

explanation of the Agency’s estimate, 

which is only briefly summarized here: 

Estimated total number of potential 

respondents: 365,000 permittees, 45 

permitting authorities (44 states and 

Virgin Islands). 

Frequency of response: varies from 

once every 5 years to occasionally as 

needed 

Estimated total average number of 

responses for each respondent: 3.6. 

Estimated total annual burden hours: 

1,033,713 hours (987,904 hrs for 

permittees and 45,809 hrs for permitting 

authorities). 

Estimated total annual costs: 

$51,850,723 ($50,109,969 for permittees 

and $1,740,754 for permitting 

authorities). This includes an estimated 

labor burden cost of $51,850,723 and an 

estimated cost of $0 for capital 

investment or maintenance and 

operational costs. 

Change in the Estimates: This is a 

new ICR. The burden from this ICR will 

be consolidated in the existing ICR for 

the NPDES Program (ICR Number 

0229.19, OMB Number 2040–0004) 

during the next standard renewal cycle. 

The current annual burden in OMB’s 

inventory for the existing NPDES 

Program ICR is 30,943,308 hours. This 

ICR will add 1,033,713 hours, increasing 

the burden by 3.3%. 

What is the next step in the process for 

this ICR? 

EPA will consider the comments 

received and amend this ICR as 

appropriate. EPA will also revise the 

burden estimates based on the final 

PGP. The final ICR package will then be 

submitted to OMB for review and 

approval pursuant to 5 CFR 1320.12. At 

that time, EPA will issue another 

Federal Register notice pursuant to 5 

CFR 1320.5(a)(1)(iv) to announce the 

submission of the ICR to OMB and the 

opportunity to submit additional 

comments to OMB. If you have any 

questions about this ICR or the approval 

process, please contact the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Dated: October 27, 2010. 

Sheila E. Frace, 

Acting Director, Office of Wastewater 

Management. 

[FR Doc. 2010–27765 Filed 11–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0848; FRL–8851–2] 

Notice of Intent To Suspend Certain 

Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice, pursuant to 

section 6(f)(2) of the Federal Insecticide, 

Fungicide and Rodenticide Act (FIFRA), 

publishes a Notice of Intent to Suspend 

issued by EPA pursuant to section 

3(c)(2)(B) of FIFRA. The Notice of Intent 

to Suspend was issued following the 

Agency’s issuance of a Data Call-In 

notice (DCI), which required the 

registrants of the affected pesticide 

products listed in Table 1, containing a 

certain pesticide active ingredient, to 

take appropriate steps to secure the 

data, as listed in Table 2, and following 

the registrant’s failure to submit these 

data or to take other appropriate steps 

to secure the required data. The subject 

data were determined to be required to 

maintain in effect the existing 

registrations of the affected products. 

Failure to comply with the data 

requirements of a DCI is a basis for 

suspension of the affected registrations 

under section 3(c)(2)(B) of FIFRA. 

DATES: Each Notice of Intent to Suspend 

included in this Federal Register notice 

will become a final and effective 

suspension order automatically by 

operation of law 30 days after the date 

of the registrant’s receipt of the mailed 

Notice of Intent to Suspend, or 30 days 

after the date of publication of this 

notice in the Federal Register if the 

mailed Notice of Intent to Suspend is 

returned to the Administrator as 

undeliverable, if delivery is refused, or 

if the Administrator otherwise is unable 

to accomplish delivery to the registrant 


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