SUPPORTING STATEMENT FOR APPROVAL OF

STATE COASTAL NONPOINT POLLUTION CONTROL PROGRAMS

1. IDENTIFICATION OF THE INFORMATION COLLECTION 1(a) TITLE OF THE INFORMATION COLLECTION Approval of State Coastal Nonpoint Pollution Control Programs (Renewal) OMB Control Number 2040

- 0153; EPA I CR Number 1569.0 7 1(b) SHORT CHARACTERIZATION This I CR renewal explains reporting requirements that coastal States and Territories ( collectivel y referred to as States) must fulfill in order to obt ain final approval of their Coastal Nonpoint Pollution Control Programs (referred to hereafter as “Coastal Nonpoint Programs”) under Section 6217 (Protecting Coastal Waters) of the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA). This ICR rene wal also assesses whether State program requirements for implementation of management measure s will impose any reporting of record

- keeping requirements on affected entities.
CZARA requires States with Federal ly

- approved coastal zone management programs t o develop Coastal Nonpoint Programs. The U.S. Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA) established Program Development and Approval Guidance for Section 6217 coastal nonpoint pollution control programs. Section 6217 addresses persistent coastal pollution problems by improving coordination of Federal and State coastal zone management programs and water qualit y programs. In the past, there wa s limited integration of State N onpoint S ource Management P rograms approved by EPA under Section 319 of the C lean Water Act (CWA) and State Coastal Zone Management P rograms approved b y NOAA under Section 306 of the Coastal Zone Management Act (CZMA). Section 6217 formalizes coordination of the Section 319 and Section 306 programs b y requiring EPA and NOAA to oversee preparation and review of the State Coastal Nonpoint Programs. The program guidance describes the contents that each coastal State must include in the Coastal Nonpoint Program documentation and th e criteria for program approval. Rather than create an independent program, the Section 6217 program guidance encourages States to implement their Coastal Nonpoint Programs through changes to existing CWA Section 319 and CZMA Section 306 programs. States failing to submit satisfactory

Coastal Nonpoint Programs face reductions in Federal grants issued under CWA Section 319 and under CZMA Section 306.2 Section 6217 requires States with approved coastal management programs to submit Coastal Nonpoint Programs within 30 months of the publication of the final program guidance (January 1993). Twent y - nine States and five Territories have submitted their Coastal Nonpoint Programs to the Office of Water within EPA, and to the Office of Ocean and Coastal Resource Management within NOAA. The two agencies have jointly

reviewed the State Coastal Nonpoint Programs as required by Section 6217. EPA and NOAA have approved programs from 16 States and five Territories, and conditionally

approved programs from 1 3 States. T he conditional approvals require States to submit additional information in order to obtain final program approval. CZARA Section 6217 requires States to obtain final approval of their Coastal Nonpoint Pollution Control Programs in order to retain their f ull share of funding available to them under CWA Section 319 and under CZ MA Section 306.
2. NEED FOR AND USE OF THE COLLECTION 2(a) NEED/AUTHORITY FOR THE COLLECTION CZARA Section 6217(g)(1) requires EPA to issue guidance for coastal nonpoint source p ollution control: “The Administrator [of EPA], in consultation with the Secretary [of Commerce, overseeing NOAA] and the Director of the United States Fish and Wildlife Service and other F ederal agencies, shall publish (and periodicall y revise thereafter) guidance for specifying management measures for sources of nonpoint pollution in coastal waters.” In response to Section 6217(g)(1), EPA issued a draft technical document specifying management measures for controlling nonpoint source pollution in coasta l waters in June 1991 and issued the final technical guidance document in January 1993. CZARA Section 6217(a) requires EPA and NOAA to issue program guidance that explain how States should prepare their Coastal Nonpoint Programs :

“Not later than 30 months after the date of the publication of final guidance under subsection (g), each State for which a management program has been approved pursuant to Section 306 of the Coastal Zone Management Act of 1972 shall prepare and submit to the Secretary and the A dministrator a Coastal Nonpoint Pollution Control Program for approval pursuant to this section. The purpose of the program shall be to develop and implement management measures for nonpoint source pollution to restore and protect coastal waters, working in close conjunction with other State and local authorities.” EPA and NOAA proposed program guidance in October 1992 for preparing the3

State Coastal Nonpoint Programs, which document State efforts to implement the management measures described in the tec hnical guidance. EPA and NOAA issued the final program guidance in January 1993. CZ ARA Section 6217(b) specifies the contents of the Coastal Nonpoint Programs, which are incorporated into the program guidance requirements. Table 1 presents a summary of the program contents required by Section 6217(b). Additional justification for each reporting item is provided in section 3(b) of this supporting statement. In addition, CZARA Section 306( d)(16) requires State C oastal Nonpoint Pollution Control P rograms to include enforceable policies and mechanisms to implement the applicable requirements of Section 6217. Subsequent to the publication of the program and technical guidance, EPA and NOAA provided further program clarification in a January 6, 1995 letter and a March 16, 1995 document entitled Flexibility for State Coastal Nonpoint Programs. These actions provide greater flexibility to States in prioritizing their activities; extend the implementation period for Section 6217(g) management measures from three ye ars to eight ye ars; and clarif

y a range of enforceable policies and mechanisms that could be used by State s to implement their programs. In April 1997, NOAA, EPA, the States and other interested parties began discussions regarding the progress made to date in developing and implementing State coastal nonpoint programs and the significant impediments to further progress. Based on these discussions, EPA and NOAA drafted a set of proposed administrative changes the agencies would use to guide future implementation of the CZARA program and made them available for a 60 day public comment period beginning March 11, 1998. After reviewing and responding to public comments on the proposed changes, NOAA and EPA issued final administrative changes to the program guidance. In some cases, the administrative changes impact ed previous findings and condi tions on State Coastal N onpoint P rograms. In such cases, EPA and NOAA review ed those findings and conditions and ma d e adjustments (including, where appropriate, el imination of conditions). At this time, EPA and NOAA have approved programs from 1 6 States and five Territ ories, and conditionally approved programs from 1 3 other States . In order for conditionally

approved programs to gain final approval, certain condi tions must be met within a specified time frame (usuall y five ye ars). Such conditions could include the completion of a particular program element or the development of additional authority to ensure implementation of certain management measures. This IC R renewal is needed so that the remaining 13 States may complete development and obtain final approval of their programs. 2(b) PRACTICAL UTILITY/USERS OF THE DATA4 EPA and NOAA will use the Coastal Nonpoint Program submittals to determine whether to grant final approval of the State Coastal Nonpoint Programs. States not receiving final approval may lose a portion of both their CWA Section 319 and CZMA Section 306 funds under the penalt y provisions of CZARA. The requested information will ensure the eff

icient distribution of Federal funds to States with comprehensive plans for controlling coastal water pollution. EPA and NOAA will also use the requested information to ensure that State recipients of Federal funds provide adequate opportunities for publi c participation during program development. States will use the information requested as part of management measure implementation in conformity with EPA’s technical guidance.

Table 1. Statutory Requirements in CZARA §6217
CZARA Citation Statutory Req uirements for Coastal Nonpoint Programs §6217(b) Specify general management measures to protect coastal waters. §6217(b)(1) Id entify land uses which contribute significantly to the degradation of coastal waters. §62 17(b)(2) Id entify critical coastal areas adjacent to impaired or threatened coastal waters, where the general management measures will be insufficient to maintain water quality standards and/or designated uses. §6217(b)(3) Id entify additional management m easures needed to attain or maintain water quality standards under CWA §303 and designated uses in the critical coastal areas identified in §6217(b)(2). §6217(b)(4) Provide technical assistance to local governments and the public for implementing the addi tional management measures identified in §6217(b)(3). §6217(b)(5) Designate opportunities for public participation in all aspects of the coastal nonpoint program. §6217(b)(6) Establish mechanisms for coordinating State and local agency implementation of the coastal nonpoint programs. §6217(b)(7) Propose modified coastal zone boundary , as the State deems necessary , so that the State has adequate geographic jurisdiction to implement the management measures (NOAA5 reviewed the adequacy

of existing b oundaries for each coastal management program and recommended changes where necessary).

3
. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA
3 (a) NONDUPLICATION Under the original ICR, the EPA Assessment and Watershed Protection Division consult ed with OPPE Desk Officer Harold Woodley and Masi Okasaki of NOAA to ensure that the information requested in the CZARA Section 6217 program guidance could not be acquired from other sources. EPA reviewed existing I CRs prepared by EPA’s Office of Water an d NOAA’s Office of Ocean and Coastal Resource Management to identify

possible duplications of reporting requirements. Upon reviewing ICR Number 1560.1 (EPA National Water Quality Inventory Reports), EPA recognized similarities between the reporting requi rements for the biennial State CWA Section 305(b) reports and those in the CZARA Section 6217 program guidance. The CWA Section 305(b) program guidance requires States and Territories to summarize total impaired estuarine and ocean waters and the sources of impairment in their 305(b) reports. We anticipate that States will be able to conduct monitoring activities associated with the CZARA Section 6217 program guidance through their existing CWA Section 305(b) processes. 3(b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB EPA published a F ederal Register notice on July 31, 2009 (74 FR 38182

– 38184 ) to announce the renewal of this I CR. No comments were received.
3(c) CONSULTATIONS Under the original ICR, NOAA and EPA held regional meetings to acquire respondent input during the initial development of the CZARA Section 6217 program guidance. The regional meetings were attended by representatives of State coastal management programs, State water quality control programs, the Coastal States Or ganization (CSO), and the Association of State and Interstate Water Pollution Control Administrators (ASIWPCA). EPA and NOAA also distributed options papers and requested comments from each of the approved State coastal management programs. EPA issued p roposed management measures guidance in June 1991 and provided a six

- month comment period on the management measures guidance. EPA convened6

technical workgroups composed of Federal and State experts in preparing both the proposed and the final management measures guidance. In addition, EPA held focus group meetings with various industry groups (agriculture, forestry , and marinas, in particular). The final technical guidance was published in January 1993. NOAA and EPA issued proposed program guidance in October 1992 and provided a 60 day

public comment period. The agencies held a series of focus group meetings with representatives from State coastal management and water quality agencies and began a second series of regional meetings with States and EPA regional offices during the summer of 1992. The State respondents expressed concern about flexibility to tailor their Coastal Nonpoint Programs to specific water quality problems in their coastal zones. EPA and NOAA have provided flexibility by allowing respondents to propose alternative management measures to those included in the technical guidance. The respondents must document that the alternative management measures are as effective as the pre

- approved management measures in the technical guidance p repared by EPA. The final program guidance was published in January 1993. In response to State concerns about potential burden requirements, EPA and NOAA made every effort to integrate components of existing CWA Section 319 and CZMA Section 306 programs into the Coastal Nonpoint Program requirements. In order to minimize respondent burden, States may

satisfy some reporting requirements contained in CZARA Section 6217 by identifying existing program activities that already m eet Coastal Nonpoint Program o bjectives. In 1993 and 1994, EPA and NOAA worked closely with States to assist them in developing their programs. This assistance included highl y detailed reviews of draft State Coastal Nonpoint Programs, as well as extensive meetings with individual St ates. Subsequently , on January 6, 1995, EPA and NOAA wrote letters to the State organizations that represent State nonpoint source and coastal zone management agencies to provide increased flexibility to the States with respect to criteria for program app roval and schedules for implementation. In April 1997, NOAA, EPA, the States, and other interested parties began discussions regarding the progress made to date in developing and implementing State Coastal Nonpoint Programs and the significant impediment s to further progress. Both the States and Federal agencies recognized that while the goals of CZARA remain valid, the program and schedules originall y conceived b y NOAA and EPA were extremely ambitious, and additional flexibility would be needed to enabl e the States to successfull y implement their programs. Based on this understanding, the parties proceeded to discuss in detail the specific aspects of the program that would require modification while maintaining the overall objective that States implement management measures needed to protect coastal waters. Based on these discussions, EPA and NOAA drafted a set of proposed7

administrative changes to guide future implementation of the CZARA program and made them available for a 60 day public comment peri od beginning March 11, 1998. After reviewing and responding to public comments on the proposed changes, NOAA and EPA issued final administrative changes to the program guidance. In some cases, the administrative changes impacted previous findings and con ditions on State Coastal Nonpoint Programs. In such cases, EPA and NOAA reviewed those findings and conditions and made adjustments (including, where appropriate, elimination of conditions). On October 25, 2002 (67 FR 65563), EPA sought comments on a pr evious renewal of this I CR pursuant to 5 CFR 1320.8(d). On November 20, 2002 (67 FR 70070), EPA extended the comment period 30 days. EPA received one comment from NOAA, providing recommendations for adjusting the Federal government burden hours to more a ccuratel y reflect the assessment of hours incurred b y the agencies’ review of State programs. EPA incorporated NOAA’s recommendations to increase the estimate of the burden hours to the Federal government to more accuratel y reflect actual burdens (see Tab le 4). NOAA and EPA have continued to consult with States and public interest groups throughout the process of formulating strategies for final approval and criteria for fulfilling conditions. 3(d) EFFECTS OF LESS FREQUENT COLLECTION The development and approval of State Coastal Nonpoint Programs is a one

- time collection activity , therefore less frequent collection is not possible

. Of the 34 States that participate in CZARA Section 6217, 21 have Coastal Nonpoint Programs that have been fully approved by

NOAA and EPA. 13 other S tates have completed development and obtained conditional approval of their Coastal Nonpoint Programs, and now need onl y to remove the existing conditions to obtain final approval. 3(e) GENERAL GUIDELINES The guidance does not include an y information collection activities that exceed the PRA

- imposed guidelines contained in 5 CFR 1320.6. 3(f) CONFIDENTIALITY The information collected under CZARA Section 6217 and this I CR renewal will not require States to collect an y c on fidential information. 3(g) SENSITIVE QUESTIONS
In formation to be reported is not of a sensitive nature.8

4
. THE RESPONDENTS AND THE INFORMATION REQUESTED
4 (a) RESPONDENTS/SIC CODES The respondent community consists of the 29 coastal States and fi ve coastal Territories with approved Coastal Zone Management Programs. The SIC Code for State respondents is 9511 (Administration of Environmental Quality Programs: Air and Water Resources and Solid Waste Management).
4 (b) INFORMATION REQUESTED (i) Da ta Items , including Record Keeping Requirements The respondents have reported on the following items in their Coastal Nonpoint Program submittals under CZARA Section 6217

. ( Where applicable, the CZARA section requiring each item is listed in brackets

. ) No record keeping requirements are imposed on the respondents.
1. Categories and subcategories of nonpoint sources that generally impair or threaten coastal water quality within the respondent’s jurisdiction [CZARA §6217(b)].
2. Management measures selec ted from the CZARA §6217(g) technical guidance to address each significant nonpoint source category and subcategory identified above [CZARA §6217(b)].
3. Alternative management measures and technical documentation. (This optional item is included to allo w the States additional flexibility in designing their Coastal Nonpoint Programs.)
4. Coastal water s not maintaining water qualit y standards and coastal waters threatened b y increased pollution from new or expanding uses [§6217(b)(1)].
5. Land uses that are sources of nonpoint pollution entering impaired or threatened coastal waters [§6217(b)(1)].
6. Critical coastal areas adjacent to waters not maintaining water qualit y standards [CZARA §6217(b)(3)].
7. Additional management measures developed b y the S tate or Territory to address threats or impairments identified in #5 above and for application in critical coastal areas [§6217(b)(3)].9 8. Plans for revising additional management measures [CZARA §6217(b)(3)].
9. Plans for providing technical assistance for implementing additional management measures to local governments and the public [CZARA §6217(b)(4) and §6217(b)(5)].
10. The organization, structure, authority, and resources of lead agencies selected to implement management measures. (This informati on is needed to ensure that i mplementation of the Coastal Nonpoint Program is delegated to agencies with adequate authority and resources.)
11. Schedules for implementation of management measures. (This information is needed to e valuate State progress to wards implementing their Coastal Nonpoint Programs.)
12. Legislative and administrative authorities for implementing management measures. (This information is needed to ensure that the State has the authority to implement the Coastal Nonpoint Program.)
13. Mechanisms for coordinating State agency and local government participation in the Coastal Nonpoint Programs [CZARA §6217(b)(6)].
14. Procedures to ensure implementation of management measures including operation and maintenance, inspection, and monit oring activities. (This information is needed to ensure that the State can implement selected management measures in the Coastal Nonpoint Program.)
15. Plans to modify

coastal zone boundaries [CZARA §6217(b)(6)].
16. Mechanisms for coordinating Coastal Nonpoint Programs with CWA programs under Section s 208, 303, 319, and 320 [CZARA §6217(a)(2) and §6217(b)(6)].
17. Provisions for public participation [CZARA §6217(b)(5)]. (ii) Respondent Activities CZARA Section 6217 require s each respondent to prepare a one - time document describing their Coastal Nonpoint Program. The respondents have already performed the following activities and submitted their coastal Nonpoint Programs to NOAA and EPA in compliance with the program and technical guidances:10

$ Revi ewed the program and technical guidance documents describing the contents required in the Coastal Nonpoint Programs and the management measures for controlling nonpoint sources of water quality degradation in coastal areas.

$ Planned activities (i.e., dele gate collection tasks, plan interagency meetings, establish reviewers, and delegate writing activities) to complete development of the Coastal Nonpoint Program.

$ Collected information relevant to the data items listed above (e.g., lists of impaired coasta l waters, lists of management measures to be adopted, legal and geographical jurisdiction of agencies implementing management measures). The States acquired all of the information from existing sources.

$ Analyzed the information and constructed the Coast al Nonpoint Program, including revising coastal zone boundaries and planning new or modified State and local regulations to implement the Coastal Nonpoint Program.

$ Wrote draft and final Coastal Nonpoint Programs, provided notice and opportunity

for publi c comment on their programs, and submitted the programs to EPA and NOAA for approval. Under this I CR renewal , the 13 States that have received conditional approval for their Coastal Nonpoint Programs will be required to submit additional information to o btain final program approval.
5 . THE INFORMATION COLLECTED
-- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT
5 (a) AGENCY ACTIVITIES EPA and NOAA activities under this I CR renewal will consist of the review of Coastal Nonpoint Program amendments and/or informational updates submitted by States to fulfill specified conditional approval requirements necessary to obtain final program approval s
. 5 (b) COLLECTION METHODOLOGY AND MANAGEMENT The States will submit amendments to their Co astal Nonpoint Programs when such amendments are required to fulfill and therefore remove the conditions set out in the conditional approval and obtain final program approval.
5 (c) SMALL ENTITY FLEXIBILITY This section is not applicable because respond ents are States and Territories , and11

are not small businesses or organizations as defined in the Regulatory Flexibility

Act, 5 U.S.C. Sections 601(3) and (4).
5 (d) COLLECTION SCHEDULE There is no uniform schedule for the submission of State amendments to Coastal Nonpoint Programs. Rathe r, EPA and NOAA have set forth specific schedule s for completion of conditions tailored to each State’s program

. 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6(a) ESTIMATING RESPONDENT BURDEN The burden hour estimates for the original ICR were based upon discussions with Regional EPA and NOAA personnel who have direct contact with State respondents and past experience with Coastal Nonpoint Program submittal procedures. Burden estimates for specific elements w ere also acquired from a small sample of State respondents (Wisconsin, Maine, North Carolina, and Washington). The detailed breakdown of burden estimates for each activity is presented in Table 2. Based on our analy ses of State Coastal Nonpoint Programs that have been submitted to EPA and NOAA under Section 6217, we have estimated that the collection burden under this ICR renewal for the conditionally approved p rograms will be approximately 15 percent of the burden estimated in the original IC R. This es timate is based on States’ successful completion of the majority of program elements, and the additional work already underway by many States to complete program elements that require further development. In addition, while States will submit information under this ICR renewal more than once to address different aspects of their Coastal Nonpoint Program that require additional work specified under a conditional approval, other States may not submit any

information under this I CR renewal because the conditi ons in their conditional approval s may be resolved through State rule making or legislative processes or as a result of investigations conducted for other reasons that support exemptions to existing conditions. Therefore, the estimate of the collection burden under this I CR renewal is an approximate calculation

. 6(b) ESTIMATING RESPONDENT COSTS The associated collection under this I CR renewal will have a moderate financial impact on the respondents. (i) Estimating Labor Costs Th e respondent labor cost estimate under the original I CR was based upon an average hourly rate and benefits comparable to a Federal GS Grade 10, Step 7. The total hourly12

rate, including benefits, was estimated in the original I CR to be $33. For this I CR renewal , the estimated h ourly rate was increased to $3 7 t o account for inflation. Table 2 present s a detailed breakdown of the labor cost estimates for each activity. TABLE 2. ESTIMATE OF BURDEN TO STATE RESPONDENTS WITH

CONDITIONALLY APPROVED PROGRAMS , LABOR COSTS

Collectio n Activity - A

- Burden hours per respondent - B

Number of respondents - C

Person

hours C = A x B - D

Cost in Dollars D = C x $3 7 1. Review documents a. Program guidance b. Technical guidance 1 4 13

13 13

52 481

1,924 2. Plan activities 16 13 208 7,696 3. Collect information a. Identify

general NPS categories and identify

general management measures b. Technical documentation for alternatives c. Identify

impaired coastal waters d. I dentify

land uses e. Identify

critical coastal areas f. Identify supplemental management measures g. Identify

lead agencies h. Schedule i. L egislative/administrative authority j. Coordination mechanisms k. Operation & maint. procedures l. Inspection procedures m. Monitoring procedures n. Coastal zone boundaries o. Technical assistance options p. Public participation mechanisms 70

10
4 24 10 16
4 12 15 15 8 8 26 4 4 4 13

13
13 13 13 13
13 13 13 13 13 13 13 13 13 13 910

130
52 312 130 208
52 156 195 195 104 104 338 52 52 52 33,670

4,810 1,924 11,544 4,810 7,696 1,924 5,772 7,215 7,215 3,848 3,848 1 2 , 506 1,924 1,924 1,924 4. Compile, review and analyze information a. Develop State and local regulations b. Revise coa stal zone boundaries c. Other anal ys is 60 5 30 13

13 13 780

6 5 390 28,860

2,405 14,43013

5. Write Coastal Nonpoint Program a. Draft program report b. Final program report 10 15 13

13 130

195 4,810

7,215 6. Recordkeeping requi rements Not applicable - - - TOTAL : ALL BURDEN I TEMS 375 13 4,875 $180,375 (i i) Estimating Capital and Operations and Maintenance Costs No capital costs or operation and maintenance costs are associated with this ICR renewal

. (i ii) Capital/Start
- up O perations and Maintenance Costs No capital/start

- up operation and maintenance costs are associated with this ICR renewal

. (iv) Annualizing Capital Costs As there are no capital costs associated with this ICR renewal , this section is not applicable. 6(c) ESTIMATING AGENCY BURDEN AND COST The agency

burden in the original ICR was based on discussions with EPA Regional Nonpoint Source Program Coordinators and NOAA Regional personnel. The cost was based upon an average hourl y rate of $33, which includ ed salary and benefits for a Federal employee Grade 10, Step 7. The total number of burden hours in the original ICR to the Federal government was estimated to be 13,240, and the total cost was estimated to be $466,420 , based on the original 29 respondent s
. Based on comments received from NOAA in 2003, these figures were later determined to be underestimates due to more updated and precise knowledge of staff time at NOAA and EPA devoted to reviewing State coastal nonpoint program submissions

. Under this IC R renewal , the Federal government burden will include the burden associated with EPA and NOAA review of amendments submitted by the 13 States that still need to fulfill conditional approval requirements. To calculate the Federal government burden, the estimated hourly rate was increased to $3 7 to account for inflatio n. Table 3 presents a breakdown of the burden and cost estimates for each agency
. TABLE 3. ESTIMATE OF BURDEN TO FEDERAL GOVERNMENT14 Collection Activity

- A

- Burden hours (person

hours) - B

Personnel Costs A x $37 .00 - C

Other direct costs - D

Total Dollars B + C

1. EPA review of amendments to State Coastal Nonpoint Programs 10,500 $3 8 8, 5 00

- $3 88,5 00

2. NOAA review of amendments to State Coastal Nonpoint Programs 13,000 4 81 ,000

- 4 81 ,0 00

TOTAL 23,500 $8 69 , 5 00

- $8 69 , 5 00 6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS The universe of respondents consists of the 13 conditionally approved States

. The total burden and costs for these 1 3 respondents are summarized in 6(e)(i), with detail provided in Table 2

. 6(e ) BOTTOM LINE BURDEN HOURS AND COSTS/MASTER TABLES (i) The Respondent Tally States The one

- time total burden to the respondents is: Total hours ( 375) X Number of Respondents (1 3 ) = 4,875 hours The o ne - time total cost to the respondents is: Total cost (4,875 X $3 7 /hour) = $ 180 , 375 The respondents will perform the burden items over the three

- ye ar ICR renewal period. Thus, the average annual burden/cost is equivalent to the total one

- time burden/cos t divided by three ye ars: Total burden ( 4,875 hours)/3 years = 1,625 hours/year Total cost ($ 180,375 )/3 years = $ 60 , 125 /year (for all respondents) Total cost per respondent per year = $ 60,125 /1 3 respondents = $4,625 The master table for respondent b urden and costs is :

Total Burden Total15 Hours Costs Bottom L ine 4,875 hours $ 180 , 37 5 (ii) The Agency Tally The total cost to the Federal government is estimated at 2 3 , 500 hours, or $ 869 , 5 00 . The Federal g overnment will perform the c ollection activiti es over the three

ye ar period of this I CR renewal

. EPA burden hours are estimated at approximately 3,500 hours per year over three ye ars, resulting in a total burden of 10,500 hours. NOAA burden hours are estimated at approximately 4,333 hours per year o ver three ye ars, resulting in a total burden of 13,000 hours. Total Federal Agency

Hours = 1 0 , 5 00 (EPA) + 1 3 , 000 (NOAA) = 2 3,500 The average annual burden/cost is equivalent to the total burden/cost divided by three ye ars: Total burden (2 3 , 500 hours )/3 years = 7,833 hours/year Total cost at $37 /hour = ($ 8 69 , 5 00 )/3 years = $ 289 , 833 annually The master table for agency burden and costs is : Total Burden Total Hours Costs Bottom L ine 2 3 , 500 hours $ 8 69,500 (iii) Variations in the Annual Bottom Lin e For man y reasons, variations for State respondents and for Federal agencies are problematic to estimate

. Some of the factors that affect these variations are described in section 6(a). In general, activities associated with Federal approvals of State Coastal Nonpoint Programs have decrease d over time, both for State respondents and for Federal agencies, as more States have achieve d full program approvals. Indeed, during the first several ye ars of the Coastal Nonpoint Program development period, there were comparativel y high er levels of activity among both the Federal partners (who developed program guidance and conduct ed “threshold reviews” of initial State program submittals) and the State respondents (who submitted materials for most or all 56 management measures specified in Congressionally

- mandated program guidance, as well as information on State enforceable policies and mechanisms). Since that initial start

- up period, activity

has dec line d . However, since at least 2003, activity levels for CZARA remain moderate among both State respondents and Federal agencies

. Two factors seem to account for this:16 1) Five States joined the Coastal Nonpoint Program as late entrants: Georgia, Minnesota, Ohio, Texas and Indiana. Minnesota’s program was approved in July

2006

. 2) Among the 29 original participating States and Territories , the 13 States

that remain conditionally approved have challenging and unique obstacles that account for their continued conditionally approved status, and these States , along with the Federal partners (NOAA and EPA) , are working with due diligence to overcome the more difficult hurdles that remain . So while the number of conditions per State has greatl y decreased, the few conditions that remain are the most challenging to resolve, and thus require disproportionately greater efforts. 6(f ) REASONS FOR CHANGE IN BURDEN The respondent burden in the original IC R is reduced under this ICR renewal because States have already completed most activities in this one

- time CZARA Section 6217 requirement. 6( g ) BURDEN STATEMENT The annual public reporting and recordkeeping burden for this collection of information is estimated to average 12 5 hours per response. Burden means the total time, effort, or financial resources expended b y persons 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; adjust the existing way s to comply with an y previously

applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency

may not conduct or sponsor, and a person is not required to respond to, a collection of information unless i t displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. To comment on the Agency 's need for this information, the accuracy of the provided burden estimates, and an y suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA

- HQ

- OW

- 200 6

- 0 394 , which is available for online viewing at www.regulations.gov , or in

- person viewing at the Office of Water Docket, Environmental Protection Agency , Public Reading Room, Room 3334 , EPA West Building, 1301 Constitution Ave ., NW, Washington, DC 20004

. The EPA Docket C enter Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday17

through Friday , excluding legal holiday s. The telephone number for the Reading Room is 202

- 566

- 1744, and the telephone number for the Water Docket is 202

- 566

- 2426. An electronic versio n of the public docket is available at www.regulations.gov

. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents i n the public docket that are available electronically . Once in the sy stem, se lect “search,” then key in the Docket ID Number identified above.
B. COLLECTIONS OF INFORMATION EMPLOYIN G STATISTICAL METHODS

This section is not applicable because no statist ical procedures are employed for the data collection.