## Information Collection Request **Supporting Statement for the**  **National Listing of Fish**  **Ad vi**  **sories**

**Renew al ICR** 

**Au gust 31**  **, 2014**  **EPA ICR Number 1959.**  **05 O**  **MB Control No.**  **2040 -**  **0226 (Non**  **- Regulatory)** 

U.S. Environmental Protection Agency

Office of W ater Office of Science and Technology 1200 Pennsylvania Ave nue , N W Wa shington, DC 20460Information Collection Request

i **TA BLE OF CONTENTS**  **Section Page**  1. Id entification of the Information Collection ................................ ................................ ............. 1 1(a) Title of the Information Collection ................................ ................................ ................. 1 1(b) Short Characterization/Abstract ................................ ................................ ...................... 1 2. Need for and Use of the Collection ................................ ................................ ........................... 3 2(a) Need/Authority for the Collection ................................ ................................ .................. 3 2(b) Practical Utility

/Users of the Data ................................ ................................ .................. 3 3. Non - duplication, Consultations, and Other Collection Criteria ................................ ................ 4 3(a) Non - duplication ................................ ................................ ................................ .............. 4 3(b) Public Notice Required Prior to I CR Submission to OMB ................................ ............ 5 3(c) Consultations ................................ ................................ ................................ ................... 5 3(d) Effe cts of Less Frequent Collection ................................ ................................ ................ 5 3(e) General Guidelines ................................ ................................ ................................ .......... 6 3(f) Confidentiality ................................ ................................ ................................ ................ 6 3(g) Sensitive Questions ................................ ................................ ................................ ......... 6 4. The Respondents and the Information Requested ................................ ................................ .... 6 4(a) Respondents/SI C Codes ................................ ................................ ................................ .. 6 4(b) In formation Requested ................................ ................................ ................................ .... 6 (i) Data items, including record keeping ................................ ................................ . 6 (ii) Respondent Activities ................................ ................................ ......................... 7 5. The Information Collected

–Agency Activities, Collection Methodology , and Information Management ................................ ................................ ................................ .............................. 7 5(a) Agency

Activities ................................ ................................ ................................ ............ 7 5(b) Collection Methodology and Management ................................ ................................ ..... 8 5(c) Small Entity

Flexibility ................................ ................................ ................................ ... 9 5(d) Collection Schedule ................................ ................................ ................................ ........ 9 6. Estimating the Burden and the Cost of the Collection ................................ .............................. 9 6(a) Estimating Respondent Burden ................................ ................................ ....................... 9 6(b) Estimating Respondent Costs ................................ ................................ ....................... 11 (i) Estimating Labor Costs ................................ ................................ ..................... 11 (ii) Estimating Capital and Operations and Maintenance Costs ............................. 11 (iii) Capital/Start - up vs. Operating and Maintenance Costs ................................ .... 12 (iv) Annualizing Capital Costs ................................ ................................ ................ 12 6(c) Estimating Agency Burden and Cost ................................ ................................ ............ 14 6(d) Estimating the Respondent Universe and Total Burden and Costs .............................. 17 6(e) Bottom Line Burden Hours and Cost Tables ................................ ................................ 17 (i) Respondent Tally ................................ ................................ .............................. 17 (ii) The Agency

Tall y ................................ ................................ ............................. 17 (iii) Variations in the Annual Bottom Line ................................ .............................. 18 6(f) Reasons for Change in Burden ................................ ................................ ..................... 18 6(g) Burden Statement ................................ ................................ ................................ .......... 18 Appendix A

– Relevant Sections of Statues, Regulations, or Judicial/Administrative Decrees Enabling the Collection of Information for the National Listing of Fish Advisories ........... A - 1Information Collection Request

ii Appendix B

– 2011 Fish Advisory Fact Sheet ................................ ................................ ............ B - 1 Appendix C

– Federal Register Notice for Original and Renewal I CR (2000, 2003 , 2007 , 2010 )

................................ ................................ ................................ ................................ ............... C - 1Information Collection Request

1 

### 1. **Identification of the Information Collection 1(a)**  **Title of the Information Collection** In formation Collection Request for the National Listing of Fish Advisories **1(b) Short Characterization/Abstract**  The National Listing of Fish Advisories is an integral component of several key environmental assessment activities. In February 1998, U.S. President Bill Clinton announced the Cl ean Water Action Plan to protect public health and restore the n ation’s waterways by providing states, Tribes, and communities with appropriate tools and resources . Under the Clean Water Action Plan, the U.S. Environmental Protection Agency ( EPA) implement ed a series of key actions to ensure effective public notice of fish and shellfish consumption risks and reduce chemical contamination to levels that assure that locally caught fish and shellfish are safe to regularl y eat . This survey is one of the key actions under the Clean Water Action Plan. In April 1999, the A gency sent letters concerning fish consumption advisories to the heads of all state public health, environmental, and natural resource management agencies , as well as to Tribes that operate the N ational W ater P rogram . This letter emphasized the importance of a risk- based fish advisory

program to protect the health of women of child - bearing age, children, and people who eat large amounts of locally caught fish for economic or cultural reasons . A critical concern to EPA is w ater quality in our n ation’s waters . The release of chemical contaminants from industrial production, increasing urbanization, and the introduction of new pesticides in agriculture pose potentially serious human health problems for the n ation’s recreational waters . These adverse effects have been one of EPA’s long - standing concerns . They are also directl y related to such Clean Water Act (CWA) responsibilities as water quality standards and surface water quality , and to the Agency ’s effort to ensure that U.S. waters are “fishable” and “swimmable . ” In addition, recent studies have confirmed that adverse health effects can result from consumption of fish from chemically contaminated waters . Based on results from the 20 11 National Lis ting of Fish A dvisories (NLFA) fact sheet , there are currentl y 4,821 advisories in effect in all 50 states, the District of Columbia, the U.S. Territories of American Samoa and Guam , and five Native American Tribes , advising consumers to limit or avoid con sumption of certain species of chemically contaminated fish. EPA believes there is a continuing need to maintain the overall quality and availability

of public information concerning fish advisories, which includes, but is not limited to , water quality standards, monitoring and assessment activities, and the issuance of advisories and bans . Primary responsibility

for these activities lies with each state; however, several state agencies often share responsibilities for these activities and the advisory results have not always been consistentl y reported . In 1993, EPA began compiling information on fish advisories provided by the states in its biannual 305(b) Water Quality Inventory Reports; however, EPA soon determined that some states did n ot report up - to - date information about fish advisories in their 305(b) reports. In many states, the water quality

or environmental agencies were responsible for preparing the 305(b) report, while the state health department was generally primarily responsib le for issuing the advisories . T o obtain the most updated information, EPA’s Office of Water began conducting a voluntary annual F ish A dvisory S urvey in 1994 as part of the data collection activities of the National Water Quality Inventory Reports ( CWA Se ctions 305[b], 303[d], 314[a], and 106[e]) (EPA I CR No. 1560.04; Office of Management and Budget [ OMB ] Control No. 2040 - 007) toInformation Collection Request

2 obtain the most up - to - date information on fish advisories . The A gency began surveying the state health departments or other state agencies specifically responsible for the issuance of fish advisories . This information has been archived in EPA’s NLFA database since 1994 . In 2000, a new collection instrument was developed for the state F ish A dvisory P rogram S urvey because there were material changes in the proposed collection instrument and the number of respondents from which the information was to be collected included additional Tribal groups that have issued advisories, Tribal groups with delegated power with respect to water qual ity

standards, and Tribal groups with delegated power pending. The current NLFA survey questionnaire is use d to obtain quantitative advisory information on the number of new advisories issued by each state, territory, and Tribal organization annually , including information on the :  Waterbody

under advisory , including the geographic location and extent of the advisory .  Fish or shellfish species (and size ranges) included in each advisory .  Chemical contaminant(s) identified in the advisory and the chemical residue levels detected in various fish species sampled .  Waterbody

type encompassed b y advisory (e.g., lake, river, estuary, coastal waters) . As in previous years, this information will be used to update the NLFA advisory inf ormation, compile and update the geographic information sy stem (GIS) database for all advisories, and enhance and update the electronic fish tissue contaminant residue datafile. EPA assembled the information collected under the previous Information Collec tion request ( ICR) into an electronic database and graphic formats that can be readily anal yz ed and shared with responsible parties (e.g., EPA program and regional offices and other federal, state, territorial, and Tribal agencies), as well as with the gen eral public . Survey results are distributed in Fish Advisory

Fact Sheets and are available on the Internet at EPA’s “National Listing of Fish Advisories ” Web site at http://water.epa.gov/scitech/swguidance/fishshellfish/fishadvisories/advisories_index.cfm . In formation from these survey s has stimulated nationwide dialogue on fish consumption advisories involving agencies and the public; it is being used to identify and clarify

issues that will lead to the continued development of national guidance for states on sampling and analysis, risk assessment procedures, risk management practices, and risk communication procedures that will further protect human health. The nationwide collection of fish advisory information began in 1994 with a survey of the 50 states, the District of Columbia, and U.S. territories (Guam, American Samoa, Puerto Rico, and the U.S. Virgin I slands) and the Great Lakes Indian Fish & Wildlife Commission, involving a total of 56 potential respondents. In 2000, the fish advisory survey added 3 6 T ribal agencies and will continue to survey these same Tribal agencies , as well as the original 56 respondents over the 3 - year period of this I CR ( 2014 to 2017 ); thus the EPA estimates that up to 92 questionnaires will be sent . The actual cost for a respondent to complete the questionnaire is anticipated to decrease with the elimination of the State Fish Advisory Program Questionnaire and because onl y information that has changed during the preceding year will be requested . When the survey

is implemented, the total annual respondent cost under this IC R is estimated toInformation Collection Request

3 be $ 73,116.05 ( 20.48 hours per year at an average labor rate of $ 38.48 per hour per respondent for 92 respondents ). 

### 2. **Need for and Use of the Collection 2(a)**  **Need /Authority for the Collection**  EPA needs this information to determine whether recreational and subsistence fishers are at additional risk of exposure to chemical contaminants through their consumption of locally caught fish and shellfish . The survey will p rovide data on the types of contaminants that trigger the issuance of advisories, the monitoring designs the states used with respect to the numbers of samples collected and number of stations surveyed, the number of chemical contaminants being anal yz ed in fish tissue, the risk assessment methodology currentl y being used to evaluate the potential health risk to fish consumers, and how advisory information is being communicated to the target fish - consuming population . This survey

is one of the key

actions un der the Clean Water Action Plan . In February 1998, the Clean Water Action Plan was initiated to protect public health and restore the n ation’s waters b y providing states, territories, and Tribes with appropriate tools and resources . Under the Clean Water Action Plan, EPA is implementing a series of key actions to ensure that recreational and subsistence caught fish are safe for human consumption . The national survey is central to EPA’s efforts to assess and improve existing fish advisory programs nationwid e and to provide important public health information. EPA is collecting this information under the authority of CWA section 104, which provides for the collection of information to be used to protect human health and the environment. Copies of the relevant section of the CWA are provided in Appendix A. **2(b) Practical Utility/Users of the Data**  EPA uses information collected in the NLFA to address issues in three specific areas for state fish advisory

programs :  Enhancing the public’s right - to - know about the safety of fish and shellfish harvested from local waters b y making this information available in the NLFA database .  Improving the scientific and policy foundation in support of state, territorial, Tribal, and local actions .  Providing up - to - date sampling an d anal ys is methods, risk assessment, risk management, and risk communication procedures for the states to use to better protect the health of recreational and subsistence fishers in a more timely and comprehensive manner. The information collected in this survey will be used to update the existing NLFA database . This information will be compiled to determine the status and nature of chemical contamination in the n ation’s waters, the level of effort by jurisdictions to monitor and evaluate fish tissue residu e data at their monitoring sites, and the location and geographic extent of fish advisories and bans issued each ye ar . EPA will use the anal ys is to plan more effective research and policies to reduce risks to consumers of locally caught, chemically contaminated fish. The Office of Water use s and will continue to use the information, especially the state and national summary

data, to examine the success of current advisory programs . The Office ofInformation Collection Request

4 Water will share this information with other program offices, such as the Office of Research and Development and the Office of Policy , Economics and Innovation , to evaluate scientific research needs and policy

implications . EPA Regions will use the information to address concerns regarding fish advisories and monitoring programs . The Centers for Disease Control and Prevention and other federal agencies will also be able to use this information . The information compiled in this survey

will permit state, Trib al, and local agencies, such as public health agencies, environmental protection agencies, and fish and wildlife departments, to easily review cumulative information on monitoring programs and fish advisories for the purpose of developing public informatio n materials (e.g. , fishing regulation brochures) and prioritizing resources to address water quality concerns directly

related to chemical contamination of fish. Summary and individual state data will also be made available to non - governmental organization s and to the public . By accessing the data through the Internet, the public will be able to readil y determine whether the waterbody they want to fish has been monitored to assess the level of chemical contamination in the fish and whether an advisory or ban has been issued . This will provide the consumers with information that they can use to make informed decisions concerning the waterbodies they fish in and the amount and ty pes of fish they

consume. The information to be collected from all respondents inc ludes the name, address, and other contact information for the agency responsible for issuing the fish advisories and answering public or technical inquiries . These references provide a means for obtaining current fish advisory

information, as well as prof essional networking resources and referrals for improving water quality at our nation’s fishable waterbodies. A copy of the most recent fish advisory fact sheet distributed to the public via the Internet is provided in Appendix B . 

### 3. **Non -**  **duplication, Consultations, and Other Collection Criteria**  **3(a) Non**  **- duplication**  The fish advisory

program information requested from respondents under this renewal ICR has been collected in some form since 1994 and is not currentl y available from any other sources. The survey

of fish advisories has been performed since 1994 under previousl y approved ICRs for the 305(b) Water Quality Collection Effort (OMB Control No. 2040 - 007; EPA I CR No. 1560.03 and 1560.04); however, T ribal organizations had not been comprehensively targeted b y these surveys . EPA examined the information collected from each of the previous survey s and determined that none of them addressed all of its needs to inventory the locations of the nation’s waterbodies under advisories , as well as to compile nationwide information on state, territory , and Tribal fish advisory

programs. In 2000, because the Office of Water wanted to obtain additional information on fish advisories from the 50 states, the District of Columbia, five U.S. territories, and additional Tribal groups, a new IC R was submitted to OMB for approval to cover additional questions and respondents not covered by the 305(b) Water Quality Collection Effort. Since 2000, the survey of fish advisories has been performed under an approved ICR for the N ational Listing of Advisories (OMB Control No. 2040 - 0 2 26; EPA ICR No. 1959.0 1 , expiring on 01/31/2004 ; EPA ICR No. 1959.0 2 , expiring on 0 9/30 /200 7 ; EPA I CR No. 1959.03, expiring on 02/28/2011 ; EPA ICR No. 1959.04, expiring on 11/30/2014 ) . A copy of th ese F

ederal Register n otice s is provided in Appendix C.Information Collection Request

5 **3(b) Public Notice Required Prior to ICR Submission to OMB**  In compliance with the 1995 Paperwork Reduction Act, EPA solicited comments for a 6 0 - day period on this ICR . Comments were requested on the proposed ICR renewal in the Federal Register on June 10, 2014 at 79 FR 33188. The comment period expired on August 11 , 2014. No comments were received during the comment period. **3(c) Consultations**  To prepare the survey for the collection effort covered under this renewal ICR, EPA reviewed the questionnaire used to collect information for the 2010 NLFA data collection efforts. The results were used to refine the questionnaire in order to encourage greater respondent particip ation, and improve data anal ys is and interpretation . The current survey instrument is based on this review ; consultation with the states and tribes at the 2000, 2001, 2002 , 2004, 2005 , 2007, and 2009 EPA Fish Forums attended b y state fish advisory contacts ; recent internal EPA discussions with various program offices ; and other considerations . **3(d) Effects of Less Frequent Collection**  The survey

will be sent to respondents once per year, in the earl y spring . The information is needed annual ly to provide up - to - date information on monitoring and fish advisories that occurred during the previous 12 - month (calendar year) fishing season. Pollution sources and other circumstances change regularly , so it is important to document the changes in fish advisories as soon as possible after the states’ issue their yearl y fishing regulations , including advisories, ty

pically during spring . Jurisdictions that are responsible for fish monitoring generall y collect fish each year during summer and fall , and then send the fish tissue samples for anal ys is during fall and winter . Risk assessments are conducted when residue anal ys is of the fish tissue samples have been completed , ty pically in late winter. Regular annual collections of this information over a period o f several ye ars have shown that the number of fish advisories continues to increase nationwide . In addition, this information has helped to characterize the pollutants that triggered these advisories . For example, as of 2011 , mercury was the chemical contaminant responsible for 8 1 percent of all advisories issued nationwide and five pollutants (mercury , dioxins/furans, pol ychlorinated biphenyls [ PCBs ] , chlordane, and dichlorodiphenyltrichloroethane [ DDT ] ) accounted for 9 4 percent of the advisories issued. Regular annual collection of this information has also permitted the identification of advisory trends within various waterbodies so that trends can be identified and resources allocated to deal with the most pressing problems . Less frequent or irregularly scheduled reporting of advisory information is not sufficient to obtain information for the purposes of this survey because longer periods between reports or unequal periods of reporting would decrease the value of the information obtained , and respondents might have more difficulty in completing the survey if past yearl y records were archived . In addition, regular annual collection of this information over several years will permit the evaluation of water quality standards compliance and pollution problems occurring in waterbodies under advisory , so that trends can be identified and resources allocated to deal with the problems of greatest concern .Information Collection Request

6 **3(e) General Guidelines**  This survey

adheres to OMB’s general guidelines for information collection . **3(f) Conf** 

**identiality** In formation sought is maintained for public record by the state public health agency or other state agencies and no sensitive material is involved. **3(g) Sensitive Questions**  No questions concerning sexual behavior or attitudes, religious beliefs , or other matters usually considered private are included in this information collection. 

### 4 **. The Respondents and the Information Requested**  **4(a) Respondents/SIC Codes**  The following categories of respondents will be surveyed: State (or other entity) h ealth departments 9431 Administration of public h ealth programs (Administration of public h ealth p rograms , including the following : C ategorical health program administration

— government, communicable disease program administration

—government, environmental health programs

—government, and public health agencies

—non operating). State (or other entity) EPAs 9511 Air and Water Resource and Solid Waste Management (Administration of Environmental Quality , including the following : W ater control and quality agencies

—government and environmental protection agencies

—government) . **4(b) Information Requested**  **(i) Data items, including record keeping**  (1) Specific information on each advisory or ban within the jurisdiction (records to be maintained by

the jurisdiction for th e public record at least 2 ye ars following completion of the survey each ye ar that the questionnaire is conducted) :  Waterbody

name, location, and narrative description of geographic extent of advisory .  Waterbody

type (lake, river, estuary, coastal marine w aters, Great Lakes waters, multi - class, bayou, canal) .  Chemical pollutant(s) detected in fish tissue samples that resulted in issuance of the advisory .  Date advisory

was issued .  Species of fish and size ranges sampled for which the advisory was issued .  Ty pe of advisory

issued and population that is targeted (no consumption for the general population, no consumption for sensitive subpopulations , such as pregnant orInformation Collection Request

7 nursing women and children, restricted consumption for the general population, restricted c onsumption for sensitive subpopulation, or commercial fishing ban) .  Tissue data that supports the advisory determination including contaminant, residue concentration, ty

pe(s) of sample (s) (e.g., fillet, whole, plug), and locational coordinates for the data

/sample locations (e.g., station IDs, site names, locations, counties, latitude/long itude ). ( 2 ) Mapping the location of each fish consumption advisory or ban (latitude/longitude coordinates for the advisory or hard copy

of a marked map that show s the loc ation and extent of the advisory

or electronic shapefile/coverage of advisory locations) . **(ii) Respondent Activities**  The following activities are required for a respondent to assemble and submit the above mentioned data items:  Review transmittal email with instructions on what data should be provided .  Gather advisory

data to update the NLFA database (including waterbody name and geographic extent, fish species/size class, pollutant, and ty pe of advisory), and fish tissue residue data files .  Gather geographic data by creating shapefiles/GIS coverages, providing latitude/longitude coordinates, and/or b y marking locations of current fish advisories on electronic or hard copy maps .  Return marked maps, shapefiles/GIS coverages showing advisory locations, or l isting of latitude/longitude coordinates, and fish tissue residue data for new advisories by email or on diskette b y mail to EPA. 

### 5. **The Information Collected –** **Agency Activities, Collection Methodology, and Information Management**  **5(a) Agency Activities**  Agency activities associated with the collection of information by this survey

consist of the following:  Update current mailing list of all state, territory , and Tribal organizations, and develop survey

tracking database to track responses .  Develop the transmittal letter, templates for fish advisory information and fish tissue data , instructions for completing updates to the templates , procedures for providing mapping/locational information, and recommend ed fish tissue data format .  Modify

/populate the exis ting NLFA database with new fish advisory information .  Record receipt of advisories , marked map(s) or shapefiles/GIS coverages or latitude/longitude files, and fish tissue residue data; submit reminders to nonrespondents via e - mail and telephone calls ; review/verify advisory boundary markings on map(s) ; and review and reformat fish tissue residue data files as appropriate .Information Collection Request

8  Enter appropriate geographic information on location of updated or new advisories into GI S database, and review/verify data entries .  Perform data anal ys is summaries of national and state advisory information .  Prepare an annual update of the Fish Advisory fact s heet .  Distribute results of the advisory updates in the Fish Advisory f act s heet electronically on the Internet .  Archive the fish advisory locational data (maps, shapefile/GIS coverages, or electronic latitude/longitude files), and fish tissue residue data for at least 2 years. **5(b) Collection Methodology and Management**  To collect and anal yz e the information associated with this I CR , EPA will primarily use an electronic questionnaire, paper maps, PC s, and applicable database and digitizing software. All potential state, territorial, or Tribal respondents in the mailing list database will receive email requests to provide new advisory information and fish tissue data . The transmittal email s will explain the purpose of the NLFA data collection effort and provide instructions to permit the respondents to complete the advisory and fish tissue templates . Respondents will submit their fish advisory information and fish tissue data electronicall y to EPA for incorporation into the NLFA database. However , at a minimum , each respondent is requested to return the marked map or a shapefile/GI S coverage or latitude/longitude coordinates of advisory locations and tissue residue data supporting the issued advisories to EPA by email or on a diskette by mail . Email reminder s will be sent to respondents who have not returned their advisory map(s) , electronic shapefile/GIS coverage , electronic file of tis sue residue data, and updated fish advisory

data information within 30 day s. EPA will ensure the accuracy and completeness of collected information by reviewing each submission . Fish advisory information and fish tissue data will be submitted electronicall y to EPA for incorporation into the NLFA . Fish advisory information and fish tissue data will not be added to the existing database until approved by EPA . Tissue residue data will be reviewed and reformatted into a Microsoft A ccess file as necessary to mak e it compatible in structure with other state fish tissue residue data in the NLFA. Data analy ses will be performed through queries and simple compilations of summary statistics (e.g., number of fish advisories reported ; number of advisories issued for a specific chemical contaminant (e.g., mercury); or number of rivers, lakes, estuaries, or coastal marine waters under advisory) . Maps received from respondents will be checked to determine whether instructions were followed and the maps marked so that the information can be entered into a GI S database . Back- up copies of the data will be made regularl y during the survey and maintained in a separate location for at least 2 years. Summary results of the annual survey s will be posted on EPA’s NLFA webpage . Individual state reports will be accessible b y the public links available to state advisory programs on the EPA’s Fish Advisory website . An annual fish advisory fact sheet summarizing the most current information on fish advisories will also be available on th e same w eb site.Information Collection Request

9 **5(c) Small Entity Flexibility**  No alternatives have been found to be more cost effective than direct solicitation of the state health departments or other state, territorial, or Tribal entities responsible for issuing fish advisories and th at generate this information as a matter of public information for distribution to their residents . No additional gathering of information is required by the state health departments or other entities responsible for each fis h advisory because advisories and records are their public health responsibilities . “Sm all Governmental Jurisdictions” (defined for the purpose of this information collection as a government or territories or Tribes having a population of less than 50,000) may

be included in this survey . The completion of the survey (including the addition of updated advisory information, marking maps, and providing fish tissue residue data is v oluntary . Thus, smaller entities that cannot provide the staff and resources to complete the survey are not req

uired to do so . Id entification of such smaller entities that do not initially respond will permit the development of options to assist the smaller entities in completing the survey , such as permitting more time for responding, simplifying the response proc edures, or providing contractor assistance in completing the survey . The option of completing the fish advisory survey electronicall y will be encouraged, which should provide an easier and more effective means for transmitting and receiving the information . Based on past experience with state health departments and other state, territorial, and T ribal entities involved in issuing fish advisories have email or Internet access . **5(d) Collection Schedule**  The survey

materials will be available to the respondents in earl y spring to provide information on the previous year’s fish advisories, sampling , and anal ys is programs , and risk assessment, risk management, and risk communication procedures . If the completed survey materials are not been returned within 30 day s, then an e - mail reminder will be sent to all nonrespondents . In addition, follow - up telephone call s will be made to the nonrespondents to determine what, if any, assistance they need to complete th e questionnaire . If the completed survey materials hav e not been returned within 60 day s, the survey will be considered to be unobtainable . Data will be anal yz ed , and summary advisory information will be made available to the public by December each ye ar. 

### 6. **Estimating the Burden and the**  **Cost of the Collection**  **6(a )**  **Estimating Respondent Burden** EPA reviewed burden estimates generated b y an e - mailed inquiry of nine state health departments in 2000 and made the following assumptions in determining respondent burden based on responses obtained from four s tates . ( The annual respondent burden and cost presented in Table 1 reflects the estimated average annual labor hours and costs, calculated to occur during the 3 - ye ar OMB - approved period of this I CR) .  Labor hours are based on initial assumptions that up to 92 potential respondents will be asked to participate in the survey annually . Thus, the total number of survey s that might be processed during this ICR is 276 (3 - year approval period).  Senior- level managers (e.g., director, chief) are most likely to receiv e the survey materials and review instructions; however, it is anticipated that a lower- levelInformation Collection Request

10 technical staff member would provide the new advisory information and fish tissue residue data electronically to EPA, and mark the fish advisory locations on the maps, provide shapefiles/GI S coverages or latitude/longitude coordinates . Therefore, the average annualized respondent hour burden to review instructions for the NLFA is 0. 35 hours, as shown below . (0. 10 h our

–manager/year + 0. 2 5 h our –technician/year) = 0. 35 h ours  The amount of time needed to gather advisory information to update the NLFA varies considerabl y, depending on how many new fish advisories have been issued within the jurisdiction during the past year and/or how many revisions there are to previ ously

issued advisories. For example, during the 2011 cycl e, 18 states reported no new advisories for the year, while 2 1 states repo rted from 1 to 104 new advisories. However, approximately 15 states also made revisions to existing advisory files. Similar differences among the states in the number of new and revised advisories reported have been observed over the past several years . Because the amount of time needed to complete the new advisory information or update existing information will vary depending on the number of advisories within the respondent’s jurisdiction, a respondent with one fish advisory might require 0.25 hours while a respondent with 20 advisories might require 5 hours . The number of respondents with “low” and “high” fish advisory

reporting burdens is unknown at this time . For the purposes of this I CR, EPA estimates (based on the responses from four states), on the average, that it will require 9.25 hours to complete the new advisory information and revise existing data. Information reque sted is compiled by each jurisdiction for the public record; hence little, if any , additional time will be needed to gather the information . We estimate that 9.25 hours will be needed each year to gather the advisory information as shown below . (1.0 h our –manager/year + 6.25 h our –technician/year + 2.0 h our –clerical/year) = 9.25 h ours  The amount of time needed to gather geographic data , develop shapefiles/GIS coverages, determine latitude/longitude coordinates, or manuall y mark locations of the advisories on a map also varies considerably , depending on how many new fish advisories have been issued within the jurisdiction during the past year. For example, during the 2011 cycle, 18 states reported no new advisories for the ye ar while 21 states reported from 1 to 104 new advisories . Similar differences among the states in the number of new advisories reported have been observed over the past several ye ars . In formation requested is compiled by each jurisdiction for the public record; hence little, if any, additio nal time will be needed to gather the information . We estimate (based on the responses from four states) that 7 hours will be needed each ye ar to gather the geographic data, create a shapefile/GI S coverage, determine latitude/longitude coordinates, or mark advisory locations on a map as shown below . (0.5 h our –manager/year + 4.5 h our –technician/year + 2.0 h our – clerical/year) = 7.0 h ours.  Respondents submitting their fish advisory information electronically will require less clerical time than in the past for preparing and copyingadvisory information. WeInformation Collection Request

11 estimate that 2 .25 hours will be needed each ye ar to update advisory data as shown below . (0.5 h our –manager/year + 1 . 25 h our –technician/year + 0 . 5 h our –clerical/year) = 2 .25 h ours  A ll respondents will likely have to mail back some ty pes of information to EPA each ye ar even if they

report the fish advisory information . Products that may need to be mailed back to EPA include hard copies of new advisory information (if a respondent cann ot enter data electronically), hard cop ies of maps with advisories marked, or electronic shapefiles/GIS coverages, or hard cop y listings or electronic listings of latitude/longitude coordinates (all respondents with new advisories), and a diskette containing fish tissue residue data that supports new advisories (all respondents with new advisories . Based on the responses from four states, we estimate 1.63 hours will be needed to complete this activity as shown below: (1.38 h our

–technician/year + 0.25 h our – clerical/year) = 1.63 h ours **6(b) Estimating Respondent Costs**  The following resources and assumptions were made to estimate respondent costs for this information collection: **(i) Estimating Labor Costs**   Labor rates were obtained from the Bureau of Labor Statistics ’ Employ ment Cost Trends at http://www.bls.gov/news.release/pdf/ecec.pdf , and the following categories were used: Manager (White collar: Executive, administrative, and managerial) $ 34.92 /hour Technical (White collar) $ 24 . 56 /hour Clerical (Administrative support, including clerical) $ 17. 79 /hour A benefits/overhead multiplication factor of 1.6 was used to obtain the total cost of employ ment for state (or other entity) respondents. **(ii) Estimating Capital and Operations and Maintenance**  **Costs**  No capital/start - up costs are anticipated for the jurisdictions participating in the survey because they

already collect the information requested for the public record . A ll respondents have Internet access ; however, it is not required for participating in the survey .  The only

operations and maintenance (O&M) cost required for this information collection by

the respondent is the purchase of a state map (estimated to cost $ 6 .00), which will be used to mark the advisories, and a compact disk ( estimated to cost $0. 6 0), which will be used to download his or her latitude/longitude coordinate data, shapefiles/GIS coverages or fish tissue residue data . Jurisdictions already maintain the information requested in this collection for the public record . EPA will provide return postage for the map, the tissue residue data diskette, and fish advisory information (as applicable) . Currentl y, all jurisdictions provide these data via email.Information Collection Request

12  EPA estimates that all respondents would submit the fish advisory survey electronically , but anticipates all states, at a minimum, will be returning the marked up state map showing advisory locations and one diskette containing shapefile/GI S coverage, latitude/longitude coordinates , or tissue residue data . **(iii) Capital/Start** 

**- up vs. Operating and Maintenance Costs**   It is believed that the capital/start - up and O&M costs have been appropriately derived for this information collection. **(iv) Annualizing Capital Costs**   No capital costs are anticipated for this information collection . The electronic version of the NLFA survey is offered as an option, not as a requirement . Completion of the survey is voluntary .Information Collection Request

13 **Table 1. Annual Respondent Burden and Cost** 

**Information Collection**  **Ac tivity**  **Hours and Costs Per Respondent (Years 1**  **- 3)**  **Total Hours and Costs (Year 1)**  **Total Hours and Costs (Year 2)**  **Total Hours and Costs (Year 3)**  **Mgr. Hours**  **at $**  **34.92 /**  **hour Tech.** 

**Hours at**  **$ 24.56** **/ Hour**  **Cler ical**  **Hours at $**  **17.79 /**  **Hour Resp.**  **Hours Labor** 

**Cost Capital** 

**Start**   ** Up** **Cost O&M**  **Cost No. of**  **Resp. Total** 

**Resp. Hours**  **Total Resp.**

**Cost No. of** 

**Resp. Total** 

**Resp. Hours**  **Total**

**Resp. Cost**  **No. of**

**Resp. Total** 

**Resp. Hours**  **Total**

**Respond. Cost**  Review instructions for new advisories 0.10 0.25 0.00 0.35 $15.41 $0.00 $0.00 92 32.2 $1,417.83 92 32.2 $1,417.83 92 32.2 $1,417.83 Gather advisory data including fish tissue data 1.00 6.25 2.00 9.25 $ 3 58.40 $0.00 $0.60 92 851 $ 33,028.00 92 851 $ 33,028.00 92 851 $ 33,028.00 Gather geographic information and mark maps 0.50 4.50 2.00 7.00 $ 261.70 $0.00 $ 6 .00 92 644 $ 2 4 , 628.03 92 644 $ 24,628.03 92 644 $ 2 4 , 638.03 Enter advisory data electronically or via paper copy 0.50 1.25 0.5 2 .25 $ 91.29 $0.00 $0.00 92 207 $ 8,398.50 92 207 $ 8,398.50 92 207 $ 8,398.50 Return maps, residue data, diskette, advisory information and questionnaire by ma il 0.00 1.38 0.25 1.63 $ 61.34 $0.00 $0.00 92 149.96 $ 5 , 643.69 .58 92 149.96 $ 5, 643.69 92 149.96 $ 5, 643.69

Subtotals 2.10 13.63 4.75 20.48 $ 788.14 $0.00 $ 6.60 varies 1,884.16 $ 73,116.05 varies 1,884.16 $ 73,116.05 varies 1,884.16 $ 73,116.05 1 Labor cost includes a benefits/overhead multiplication factor of 1.6.Information Collection Request

14 **6(c) Estimating Agency Burden and Cost**  Agency burden is estimated based on the assumption that 10 percent of the labor hours per year for each activity will be work done b y EP A and 90 percent of the labor hours per year will be work done b y a contractor . In addition, management oversight of work performed b y technical and clerical staff is estimated to require 20 percent of the labor hours for each activity .  Federal emplo ye e rates were obtained from the 2014 OPM General Schedule (GS ) Salary Table for the Washington, DC , area for the midpoint of each salary grade (Available at the Web http://www.opm.gov/policy - data - oversight/pay- leave/salaries wages/salary- tables/pdf/2014/DCB_h.pdf ), and the following categories were use d: Manager (GS 15) $ 67. 88 /hour Technical (GS 14) $ 57. 70 /hour Clerical (GS 7) $ 23.15 /hour A benefits/overhead multiplication factor of 1.6 was used to obtain the total labor cost for EPA.  No capital/startup costs are anticipated for the Agency .  No O& M costs are anticipated for the Agency . T able 2 includes the estimated costs for each ye ar of the IC R period . The following resources and assumptions were used to prepare the burden estimate for each activity :  Preparation of the mailing list and survey tracking database is estimated based on initial assumptions that up to 92 potential respondents nationwide will be sent the survey each ye ar . Agency labor includes identifying potential respondents and sources for contact information (name, agency , address, p hone number, fax number, and e - mail address) and is estimated to take 0.04 hours per respondent . O&M costs include contractor services to revise the mailing list and the survey tracking database, and enter and verify

contact information, based on approximately 0.2 hours per respondent, with an estimated rate of $ 95 .00/hour (labor, overhead, and other direct costs) . Agency

labor and contractor service estimates are based on an estimated 50 edits to the respondent contact names and addresses annually . Itis n ot likel y that the number of respondents will change significantly . Because the contact information will likely

onl y need to be entered once, the Agency labor and contractor services are divided by three to provide an annu alized estimate for the ICR.  To revise the existing survey package including the transmittal email , survey , instructions, and mapping procedures requires an estimated number of Agency hours of 0.11 hours per respondent . Fixed O&M costs include 40 contractor hours per ye ar to modify survey materials .  The NLFA database for storing and anal yz ing the fish advisory information is already in place . Agency

labor for this activity

is estimated at 0.02 hours per respondent. Fixed O&M costs include 80 contractor hours per year to modify this database .  Each ye ar, the Agency will submit the survey materials to respondents . (The materials to be submitted will include a request for information on advisories that have been issued , rescinded or revised during the preceding 12 months, map(s) and fish tissueInformation Collection Request

15 residue data onl y need to be submitted for the new advisories issued during the previous year . EPA ’s oversight of this activity is estimated to be 0.02 hours per respondent . Contractor services required to conduct this activity include 0.16 hours per resp ondent per year to prepare the materials and answer respondents’ questions about the survey .  Survey

operations includ e recording receipt of completed questionnaires and marked map(s), electronic shape files/GI S coverages, and electronic fish tissue residu e files; sending e - mail reminders to nonrespondents and making telephone contacts with nonrespondents and respondents in situations where additional information is required for clarification, if needed ; e - mailing acknowledgment of materials that are receiv ed ; and reviewing survey materials for completeness and accuracy of responses . EPA estimates that it will not be involved in these operations except for minor oversight (0.02 hours per respondent per year) . Contractor services to perform these operations are based on 1 hour per respondent per year.  EPA expects that the new fish advisory information and fish tissue data will be provided electronicall y by respondents . F ish tissue residue data from all states will have to be reviewed and reformatted for uploading to the fish tissue database, and all data entries (fish advisory , mapping, and fish tissue residue data) wil l have to be entered into the database and reviewed and verified . EPA estimates that it will not be involved in these operations except for mino r oversight (0.03 hours per respondent per year) . Contractor services to enter data for those respondent s are expected to be 3 hours per respondent per year. Contractor services to reformat fish tissue data files for all respondents are expected to be 6 hours per respondent per ye ar and contractor services for reviewing/revising all fish advisory information , mapping data, and fish tissue data are estimated to be 2 hours per respondent.  Data analy sis of new and updated advisory information will be performed to obtain summary statistics for inclusion in the fish advisory fact sheet . The Agency will provide technical direction to a contractor to perform the anal ys es and discuss and review the results, estimated at 0.06 hours per respondent per ye ar . Contractor services will require 0.5 hours per respondent per year for anal ys is.  EPA will prepare a summary report of fish advisory

information (Fish Advisory fact sheet) . EPA will provide technical direction to a contractor to prepare the fact sheet , including revi ewing drafts and the final fact sheet, which is estimated at 0.55 hours per respondent per ye ar. It is anticipated that the contractor will require 1 hours per respondent per year to produce the fact sheet, including a hard cop y and an electronic version s uitable for posting on the Fish Advisory web site .  EPA will distribute the summary results of the NLFA database (Fish Advisory fact s heet) in an electronic version that will be posted on the Fish Advisory website . EPA also will provide technical oversight o f the publication process, estimated at 0.05 hours per respondent per year . The Internet version of the NLFA database containing the Fish Advisory fact sheet and the updated fish advisory data will be designed so that the states, territories, Tribes, and the general public can automaticall y view the fish advisory

information pertaining to the waterbody of interest. O&M costs includeInformation Collection Request

16 **Table 2. Agency Burden and Cost**

**Information Collection Ac**  **tivity Hours Burden and Cost (Year 1)**  **Total Hours and Cost s** 

**Mgr. Hours at**  **$ 67.**  **88 /**  **Hour Tech** 

**Hours at $**  **57. 70**  **/ Hour**  **Clerical**

**Hours at $**  **2 3**  **. 15** **/ Hour**  **Ag ency** 

**Hours/ Resp.**  **Labor**

**Cost/Resp. Capital/** 

**Start -**  **Up Cost**  **Fixed O&M**

**Cost Non_Fixed** 

**O&M Cost 1**  **Number**

**of Resp. Total O&M** 

**(fixed and non**  **- fixed)**  **Total**

**Ag ency**  **Hours Total**  **Ag ency** 

**Cost** Prepare mailing list and survey tracking database 0.01 0.02 0.01 0.04 $ 3. 30 $0.00 $0.00 $1 9 .00 92 $1, 748 .00 3.68 $ 2,0 51 .86 Revise survey materials 0.01 0.1 0 0.11 $ 10. 3 2 $0.00 $3, 8 00.00 $0.00 92 $3, 8 00.00 10.12 $ 4,7 49 . 26 Set up database for storing and tracking questionnaire responses and electronic options for answering the questionnaire 0.02 0 0 0.02 $ 2.1 7 $0.00 $ 7,6 00.00 $0.00 92 $ 7,600 .00 1.84 $ 7,79 9 .8 4 Submit survey materials to respondents; answer respondents’ questions 0.01 0.01 0 0.02 $ 2.01 $0.00 $0.00 $ 19.20 92 $ 1 , 766.40 1.84 $ 1,951.25 Record receipt of completed survey materials; perform follow- up and quality control activities 0.01 0.01 0 0.02 $ 2.01 $0.00 $0.00 $ 95 .00 92 $ 8,740 .00 1.84 $ 8,92 4 . 85 Enter information from survey materials into database, if needed, reformat tissue data and review/verify data entries 0 0.03 0 0.03 $ 2.7 7 $0.00 $0.00 $ 2 85 .00 9 2 $2 6,220.00 2.76 $ 9 6 , 39 4 . 80

$ 570 .00 92 $ 52,440 .00 $ 190 .00 92 $ 17,480 .00 Perform data analysis 0.01 0.05 0 0.06 $ 5. 70 $0.00 $0.00 $ 47.50 92 $ 4,370 .00 5.52 $ 4,8 94 . 59 Prepare fact sheet and summary report of information obtained from the survey 0.05 0.5 0 0.55 $ 51. 59 $0.00 $0.00 $ 95 .00 92 $ 8 , 740 .00 50.60 $ 13,486 . 32 Distribute results of the survey 0 0.05 0 0.05 $ 4. 62 $0.00 $ 5, 000 .00 $0.00 92 $ 5,000.00 4.60 $ 5,424.67 Store the advisory data, questionnaire responses and advisory location data 0 0.03 0.03 0.06 $ 3.8 8 $0.00 $1,000.00 $0.00 92 $1,000.00 5.52 $1,3 5 7.03 Subtotals 0.12 0.8 0.04 0.96 $ 88.37 $0.00 $ 17,400 .00 $1, 320.70 Varies $ 13 8 ,904.40 88.32 $ 147,034.49 1 Includes costs of contractor services and postage.Information Collection Request

17 funds for contractor services to maintain the database and perform troubleshooting, if needed, estimated at $5,000 per year.  Data obtained from the NLFA survey , including mapping and fish tissue residue data will be stored in appropriate media . EPA will provide technical oversight to ensure that data storage meets its requirements and program objectives . Labor is estimated at 0.06 hours per respondent per year . Fixed O&M costs include an estimate for computer equipment maintenance for this program of $1,000 per ye ar. **6(d) Estimating the Respondent**  **Universe and Total Burden and Costs** The respondent universe for this I CR is calculated based on a total number of 276 survey s to be completed during the 3 - year ICR period for an average of up to 92 respondents (representing fish advisory contacts from 50 s tates, District of Columbia, five U.S. t erritories and 36 Native American Tribes ) . The number of respondents involved in each activity varies . Itis anticipated that 90 percent of respondents will exercise that option. **6(e) Bottom Line Burden Hours and Cos**  **t Tables (i)**  **Respondent Tally** Only one respondent table was prepared for this ICR. **Total Estimated Respondent Burden and Cost Summary Technical and**  **Financial Requirements**  **Number of**

**Respondents Number** 

**of Activities**  **Total**

**Hours Total Labor** 

**Cost Total** 

**Capital Costs**  **Total**

**O&M Costs**  **Total Costs** Year 1 92 5 1, 884.16 $72,508.85 $0.00 $607.20 $73,116.05 Year 2 92 5 1,884.16 $72,508.85 $0.00 $607.20 $73,116.05 Year 3 92 5 1,884.16 $72,508.85 $0.00 $607.20 $73,116.05 **TOTAL 276**  **15 5,652.48**  **$217,526.55 $0.00**  **1,821.60 $219,348.15**  AVERAGE 92 5 1,884.16 $$72,508.85 $0.00 $607.20 $73,116.05 **(ii) The Agency Tally**  The Agency

and contractor tables are summarized in the following table. **Total Estimated Agency Burden and Cost Summary Technical and**  **Financial Requirements**  **Number of**

**Respondents Number** 

**of Activities**  **Total**

**Hours Total** 

**Labor Cost**  **Total**

**Capital Costs**  **Total O&M**

**Costs Total Costs**  Year 1 92 10 88.3 7 $8,130.09 $0.00 $138,904.40 $ 14 7,0 34 . 49 Year 2 92 10 88.3 7 $8,130.09 $0.00 $138,904.40 $147,034.49 Year 3 92 10 88.3 7 $8,130.09 $0.00 $138,904.40 $147,034.49 **TOTAL 276**  **30 26**  **5 .**  **11 $24,390.27**  **$0.00 $**  **416,713.20 $**  **441,103.47** AVERAGE 92 10 88.3 7 $8,130.09 $0.00 $138,904.40 $147,034.49Information Collection Request

18 **(iii) Variations**  **i**

**n t**  **he Annual Bottom Line** A decrease in the collection activities or burden and costs per respondent is anticipated during the course of this ICR. **6(f) Reasons for Change in Burden**  There is a 42 percent reduction to the respondent burden from the currently approved ICR. The reduction in the burden is due prim arily to the elimination of the State Fish Advisory Program Questionnaire. **6(g) Burden Statement**  The annual public reporting and record keeping burden for this collection of information is estimated to average 20.48 hours per respondent . Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Tribal or f ederal agency . This includes the time needed to review instructions; develop, acquire, install, and util ize technology and s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to compl y with any previously applicable instructio ns and requirements; train personnel to be able to respond to a collection of information requirement; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information . An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it display s a currently valid OMB control number . These numbers for EPA ’ s regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. To comment on EPA ’ s need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden, including the use of automated collection techniques , EPA has established a public docket for this I CR under Docket ID No. EPA - HQ - OW - 20 1 4 - 0350 , which is available for public viewing at the Water Docket in the EPA Docket Center (EPA/DC) , WJC West, Room 3334 , 1301 Constitution Avenue , NW, Washington, DC 20460 . The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday

through Friday , excluding legal holidays . The telephone number for the Reading Room is (202) 566 - 1744, and the telephone number for the Water Docket and is (202) 566 - 2426 . An electronic version of the public docket is available online for viewing at http://www.regulations.gov . Use http://www.regulations.gov to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronicall y . Once in the sy stem, select “search,” then ty pe in the docket ID number identified above . Also, you can send comments to the Office of In formation and Regulatory Affairs, Office of Management and Budget, 725 17 th Street, NW, Washington, DC 20503, Attention: Desk Offic e for EPA . Please include EPA Docket ID (EPA HQ - OW - 20 14 - 0 350 ) and OMB Control Number (2040 - 0226) in any correspondence.