Information Collection Request

Supporting Statement

for the National Listing of Fish Advisories

Renewal ICR

August 31, 2014

EPA ICR Number 1959.05

OMB Control No. 2040-0226

(Non-Regulatory)

U.S. Environmental Protection Agency

Office of Water

Office of Science and Technology

1200 Pennsylvania Avenue, NW

Washington, DC 20460
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TABLE OF CONTENTS

Section Page

1. Identification 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 ICR Submission to OMB ............................................ 5

3(c) Consultations................................................................................................................... 5

3(d) Effects 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/SIC Codes.................................................................................................. 6

4(b) Information 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 Tally ............................................................................................. 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-1
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Appendix B – 2011 Fish Advisory Fact Sheet............................................................................ B-1

Appendix C – Federal Register Notice for Original and Renewal ICR (2000, 2003, 2007, 2010)

............................................................................................................................................... C-1
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1. Identification of the Information Collection

1(a) Title of the Information Collection

Information 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 Clean Water Action Plan to protect public health and restore the nation’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) implemented 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 

regularly eat. This survey is one of the key actions under the Clean Water Action Plan. In April 

1999, the Agency 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 National Water Program. 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 water quality in our nation’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 nation’s 

recreational waters. These adverse effects have been one of EPA’s long-standing concerns. They

are also directly 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 2011 National Listing of Fish Advisories (NLFA) fact sheet, there are currently 

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 consumption 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 consistently 

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 not 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 responsible for issuing the 

advisories. To obtain the most updated information, EPA’s Office of Water began conducting a 

voluntary annual Fish Advisory Survey in 1994 as part of the data collection activities of the 

National Water Quality Inventory Reports (CWA Sections 305[b], 303[d], 314[a], and 106[e]) 

(EPA ICR No. 1560.04; Office of Management and Budget [OMB] Control No. 2040-007) to 
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obtain the most up-to-date information on fish advisories. The Agency 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 Fish Advisory Program

Survey 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 quality standards, and Tribal groups with delegated power pending.

The current NLFA survey questionnaire is used 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 by advisory (e.g., lake, river, estuary, coastal waters).

As in previous years, this information will be used to update the NLFA advisory

information, compile and update the geographic information system (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 Collection 

request (ICR) into an electronic database and graphic formats that can be readily analyzed 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 general 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.

Information from these surveys 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 Islands) and the Great Lakes Indian Fish & Wildlife Commission, 

involving a total of 56 potential respondents. In 2000, the fish advisory survey added 36 Tribal 

agencies and will continue to survey these same Tribal agencies, as well as the original 56 

respondents over the 3-year period of this ICR (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 only information that has changed during the preceding year will be requested. 

When the survey is implemented, the total annual respondent cost under this ICR is estimated to 
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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 provide 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 

analyzed in fish tissue, the risk assessment methodology currently 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 under the Clean Water Action Plan. In February

1998, the Clean Water Action Plan was initiated to protect public health and restore the nation’s 

waters by 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 nationwide 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 by 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 and analysis 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 

nation’s waters, the level of effort by jurisdictions to monitor and evaluate fish tissue residue 

data at their monitoring sites, and the location and geographic extent of fish advisories and bans 

issued each year. EPA will use the analysis to plan more effective research and policies to reduce 

risks to consumers of locally caught, chemically contaminated fish.

The Office of Water uses and will continue to use the information, especially the state 

and national summary data, to examine the success of current advisory programs. The Office of 
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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, Tribal, 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 information 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 

organizations and to the public. By accessing the data through the Internet, the public will be 

able to readily 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 types of fish they consume.

The information to be collected from all respondents includes 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 professional 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 currently available from any other 

sources. The survey of fish advisories has been performed since 1994 under previously approved 

ICRs for the 305(b) Water Quality Collection Effort (OMB Control No. 2040-007; EPA ICR No. 

1560.03 and 1560.04); however, Tribal organizations had not been comprehensively targeted by 

these surveys. EPA examined the information collected from each of the previous surveys 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 ICR 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 National Listing of 

Advisories (OMB Control No. 2040-0226; EPA ICR No. 1959.01, expiring on 01/31/2004; EPA 

ICR No. 1959.02, expiring on 09/30/2007; EPA ICR No. 1959.03, expiring on 02/28/2011; EPA 

ICR No. 1959.04, expiring on 11/30/2014). A copy of these Federal Register notices is provided 

in Appendix C.
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3(b) Public Notice Required Prior to ICR Submission to OMB

In compliance with the 1995 Paperwork Reduction Act, EPA solicited comments for a 

60-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 

participation, and improve data analysis 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 by 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 early spring. The information 

is needed annually 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 yearly fishing regulations, including 

advisories, typically during spring. Jurisdictions that are responsible for fish monitoring 

generally collect fish each year during summer and fall, and then send the fish tissue samples for 

analysis during fall and winter. Risk assessments are conducted when residue analysis of the fish 

tissue samples have been completed, typically in late winter. 

Regular annual collections of this information over a period of several years 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 81 percent of all advisories issued 

nationwide and five pollutants (mercury, dioxins/furans, polychlorinated biphenyls [PCBs], 

chlordane, and dichlorodiphenyltrichloroethane [DDT]) accounted for 94 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 yearly 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.
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3(e) General Guidelines

This survey adheres to OMB’s general guidelines for information collection.

3(f) Confidentiality

Information 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) health departments

9431 Administration of public health programs (Administration of public health 

programs, including the following: Categorical health program administration—

government, communicable disease program administration—government, 

environmental health programs—government, and public health agencies—nonoperating).

State (or other entity) EPAs

9511 Air and Water Resource and Solid Waste Management (Administration of 

Environmental Quality, including the following: Water 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 the public record at least 2 years following completion of the 

survey each year that the questionnaire is conducted):

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

advisory.

 Waterbody type (lake, river, estuary, coastal marine waters, 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.

 Type of advisory issued and population that is targeted (no consumption for the 

general population, no consumption for sensitive subpopulations, such as pregnant or 
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nursing women and children, restricted consumption for the general population, 

restricted consumption for sensitive subpopulation, or commercial fishing ban).

 Tissue data that supports the advisory determination including contaminant, residue 

concentration, type(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/longitude). 

(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 shows the location 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 abovementioned 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 type of advisory), and fish 

tissue residue data files.

 Gather geographic data by creating shapefiles/GIS coverages, providing 

latitude/longitude coordinates, and/or by marking locations of current fish advisories 

on electronic or hard copy maps.

 Return marked maps, shapefiles/GIS coverages showing advisory locations, or listing 

of latitude/longitude coordinates, and fish tissue residue data for new advisories by 

email or on diskette by 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 recommended fish tissue data format.

 Modify/populate the existing 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.
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 Enter appropriate geographic information on location of updated or new advisories 

into GIS database, and review/verify data entries.

 Perform data analysis summaries of national and state advisory information.

 Prepare an annual update of the Fish Advisory fact sheet.

 Distribute results of the advisory updates in the Fish Advisory fact sheet 

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 analyze the information associated with this ICR, EPA will primarily use 

an electronic questionnaire, paper maps, PCs, 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 

emails 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 electronically to EPA for 

incorporation into the NLFA database. However, at a minimum, each respondent is requested to 

return the marked map or a shapefile/GIS 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 reminders will be sent to respondents who have not returned their 

advisory map(s), electronic shapefile/GIS coverage, electronic file of tissue residue data, and 

updated fish advisory data information within 30 days.

EPA will ensure the accuracy and completeness of collected information by reviewing 

each submission. Fish advisory information and fish tissue data will be submitted electronically 

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 Access file as necessary to make it compatible in structure with 

other state fish tissue residue data in the NLFA.

Data analyses 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 

GIS database. Back-up copies of the data will be made regularly during the survey and 

maintained in a separate location for at least 2 years.

Summary results of the annual surveys will be posted on EPA’s NLFA webpage. 

Individual state reports will be accessible by 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 the same website. 
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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 that 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 fish advisory because advisories and records are their public 

health responsibilities. “Small 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 voluntary. Thus, smaller entities that 

cannot provide the staff and resources to complete the survey are not required to do so. 

Identification 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 procedures, or providing contractor assistance in 

completing the survey. The option of completing the fish advisory survey electronically 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 Tribal 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 early spring to provide 

information on the previous year’s fish advisories, sampling, and analysis programs, and risk 

assessment, risk management, and risk communication procedures. If the completed survey

materials are not been returned within 30 days, then an e-mail reminder will be sent to all 

nonrespondents. In addition, follow-up telephone calls will be made to the nonrespondents to 

determine what, if any, assistance they need to complete the questionnaire. If the completed 

survey materials have not been returned within 60 days, the survey will be considered to be 

unobtainable. Data will be analyzed, and summary advisory information will be made available 

to the public by December each year.

6. Estimating the Burden and the Cost of the Collection

6(a) Estimating Respondent Burden

EPA reviewed burden estimates generated by 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 states. (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-year OMB-approved period of this ICR).

 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 surveys that 

might be processed during this ICR is 276 (3-year approval period).

 Senior-level managers (e.g., director, chief) are most likely to receive the survey

materials and review instructions; however, it is anticipated that a lower-level 
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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/GIS 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 hour–manager/year + 0.25 hour–technician/year) = 0.35 hours

 The amount of time needed to gather advisory information to update the NLFA varies 

considerably, 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 

previously issued advisories. For example, during the 2011 cycle, 18 states reported 

no new advisories for the year, while 21 states reported 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 ICR, 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 requested 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 hour–manager/year + 6.25 hour–technician/year + 2.0 hour–clerical/year) = 9.25 

hours

 The amount of time needed to gather geographic data, develop shapefiles/GIS 

coverages, determine latitude/longitude coordinates, or manually 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 year 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 

years. Information requested is compiled by each jurisdiction for the public record;

hence little, if any, additional time will be needed to gather the information. We 

estimate (based on the responses from four states) that 7 hours will be needed each 

year to gather the geographic data, create a shapefile/GIS coverage, determine 

latitude/longitude coordinates, or mark advisory locations on a map as shown below.

(0.5 hour–manager/year + 4.5 hour–technician/year + 2.0 hour–clerical/year) = 7.0 

hours.

 Respondents submitting their fish advisory information electronically will require less 

clerical time than in the past for preparing and copying advisory information. We 
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estimate that 2.25 hours will be needed each year to update advisory data as shown 

below.

(0.5 hour–manager/year + 1.25 hour–technician/year + 0.5 hour–clerical/year) = 2.25 

hours

 All respondents will likely have to mail back some types of information to EPA each 

year 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 

cannot enter data electronically), hard copies of maps with advisories marked, or 

electronic shapefiles/GIS coverages, or hard copy 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 hour–technician/year + 0.25 hour–clerical/year) = 1.63 hours

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’ Employment 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 

employment 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. 

All 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 

$0.60), 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). Currently, 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/GIS 

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 Activity

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

Clerical

Hours at 

$17.79/ 

Hour

Resp. 

Hours

Labor 

Cost

Capital 

StartUp 

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 $358.40 $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 $24,628.03 92 644 $24,628.03 92 644 $24,638.03

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 

mail

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 by EPA and 90 percent of the labor hours per year 

will be work done by a contractor. In addition, management oversight of work performed by 

technical and clerical staff is estimated to require 20 percent of the labor hours for each activity. 

 Federal employee 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/salarieswages/salary-tables/pdf/2014/DCB_h.pdf), and the following categories were used:

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. Table 2 includes the estimated costs 

for each year of the ICR 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 year. Agency labor includes identifying potential respondents and 

sources for contact information (name, agency, address, phone 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. It is not likely that the 

number of respondents will change significantly. Because the contact information 

will likely only need to be entered once, the Agency labor and contractor services are 

divided by three to provide an annualized 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 year 

to modify survey materials.

 The NLFA database for storing and analyzing 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 year, 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 tissue
Information Collection Request

15

residue data only 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 respondent per year to prepare the materials and answer respondents’ questions 

about the survey. 

 Survey operations include recording receipt of completed questionnaires and marked 

map(s), electronic shape files/GIS coverages, and electronic fish tissue residue 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 

received; 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 electronically by respondents. Fish 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) will have to be 

entered into the database and reviewed and verified. EPA estimates that it will not be 

involved in these operations except for minor oversight (0.03 hours per respondent 

per year). Contractor services to enter data for those respondents 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 year 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 analysis 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 analyses and discuss and 

review the results, estimated at 0.06 hours per respondent per year. Contractor

services will require 0.5 hours per respondent per year for analysis.

 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 reviewing drafts and the final fact sheet, which is estimated at 0.55 hours 

per respondent per year. It is anticipated that the contractor will require 1 hours per 

respondent per year to produce the fact sheet, including a hard copy and an electronic 

version suitable for posting on the Fish Advisory website.

 EPA will distribute the summary results of the NLFA database (Fish Advisory fact 

sheet) in an electronic version that will be posted on the Fish Advisory website. EPA

also will provide technical oversight of 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 automatically view the 

fish advisory information pertaining to the waterbody of interest. O&M costs include 
Information Collection Request

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Table 2. Agency Burden and Cost

Information Collection 

Activity

Hours Burden and Cost (Year 1) Total Hours and Costs

Mgr. 

Hours at 

$67.88/ 

Hour

Tech 

Hours at 

$57.70/ 

Hour

Clerical 

Hours at 

$23.15/ 

Hour

Agency

Hours/ 

Resp.

Labor 

Cost/Resp.

Capital/ 

Start-Up 

Cost

Fixed O&M 

Cost

Non_Fixed 

O&M Cost1

Number 

of Resp.

Total O&M 

(fixed and 

non-fixed)

Total 

Agency

Hours

Total Agency

Cost

Prepare mailing list and 

survey tracking database

0.01 0.02 0.01 0.04 $3.30 $0.00 $0.00 $19.00 92 $1,748.00 3.68 $2,051.86

Revise survey materials 0.01 0.1 0 0.11 $10.32 $0.00 $3,800.00 $0.00 92 $3,800.00 10.12 $4,749.26

Set up database for storing 

and tracking questionnaire 

responses and electronic

options for answering the 

questionnaire

0.02 0 0 0.02 $2.17 $0.00 $7,600.00 $0.00 92 $7,600.00 1.84 $7,799.84

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 $8,924.85

Enter information from 

survey materials into 

database, if needed, 

reformat tissue data and 

review/verify data entries

0 0.03 0 0.03 $2.77 $0.00 $0.00 $285.00 92 $26,220.00 2.76 $96,394.80

$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 $4,894.59

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 $3.88 $0.00 $1,000.00 $0.00 92 $1,000.00 5.52 $1,357.03

Subtotals 0.12 0.8 0.04 0.96 $88.37 $0.00 $17,400.00 $1,320.70 Varies $138,904.40 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 year.

6(d) Estimating the Respondent Universe and Total Burden and Costs

The respondent universe for this ICR is calculated based on a total number of 276 

surveys to be completed during the 3-year ICR period for an average of up to 92 respondents 

(representing fish advisory contacts from 50 states, District of Columbia, five U.S. territories and 

36 Native American Tribes). The number of respondents involved in each activity varies. It is 

anticipated that 90 percent of respondents will exercise that option.

6(e) Bottom Line Burden Hours and Cost 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 88.37 $8,130.09 $0.00 $138,904.40 $147,034.49

Year 2 92 10 88.37 $8,130.09 $0.00 $138,904.40 $147,034.49

Year 3 92 10 88.37 $8,130.09 $0.00 $138,904.40 $147,034.49

TOTAL 276 30 265.11 $24,390.27 $0.00 $416,713.20 $441,103.47

AVERAGE 92 10 88.37 $8,130.09 $0.00 $138,904.40 $147,034.49
Information Collection Request

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(iii) Variations in the 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 primarily 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 federal agency. This includes the time needed to review 

instructions; develop, acquire, install, and utilize technology and systems for the purposes of 

collecting, validating, and verifying information, processing and maintaining information, and 

disclosing and providing information; adjust the existing ways to comply with any previously

applicable instructions and requirements; train personnel to be able to respond to a collection of 

information 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 displays 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 ICR under Docket 

ID No. EPA-HQ-OW-2014-0350, 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 electronically. Once in the system, select “search,” then type in 

the docket ID number identified above. Also, you can send comments to the Office of 

Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, 

Washington, DC 20503, Attention: Desk Office for EPA. Please include EPA Docket ID (EPAHQ-OW-2014-0350) and OMB Control Number (2040-0226) in any correspondence.