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[Federal Register Volume 75, Number 24 (Friday, February 5, 2010)]
[Notices]
[Pages 6022-6023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2538]

[[Page 6022]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2005-0023; FRL-9110-7]

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Clean Water Act Section 404 
State-Assumed Programs (Renewal); EPA ICR No. 0220.11, OMB Control No. 
2040-0168

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA)(44 U.S.C. 
3501 et seq.), this document announces that an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. The ICR, which is abstracted below, describes the 
nature of the information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before March 8, 2010.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2005-0023, to (1) EPA online using http://www.regulations.gov (our 
preferred method), by e-mail to [email protected], or by mail to: EPA 
Docket Center, Environmental Protection Agency, Water Docket, 
Environmental Protection Agency, Mailcode: 28221T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460, and (2) OMB by mail to: Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Kathy Hurld, Office of Wetlands, 
Oceans, and Watersheds, Wetlands Division (4502T), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone: 202-566-1348; fax number: 202-566-1349; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On August 26, 2009 (74 FR 43116) EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OW-2005-0023, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Water Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Reading Room is 202-566-1744, 
and the telephone number for the Water Docket is 202-566-2426.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at http://www.regulations.gov as EPA 
receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose public disclosure is restricted by statute. For 
further information about the electronic docket, go to http://www.regulations.gov.
    Title: Clean Water Act Section 404 State-Assumed Programs 
(Renewal).
    ICR numbers: EPA ICR No. 0220.11, OMB Control No. 2040-0168.
    ICR Status: This ICR is scheduled to expire on February 28, 2010. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
An Agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information, unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: Section 404(g) of the Clean Water Act authorizes States 
and Tribes to assume the section 404 permit program. States/Tribes must 
demonstrate that they meet the statutory and regulatory requirements 
(40 CFR part 233) for an approvable program. Specified information and 
documents must be submitted by the State/Tribe to EPA to request 
assumption. Once the required information and documents are submitted 
and EPA has a complete assumption request package, the statutory time 
clock for EPA's decision to either approve or deny the State/Tribe's 
assumption request starts. The information contained in the assumption 
request is made available to the other involved Federal agencies (Corps 
of Engineers, U.S. Fish and Wildlife Service, and National Marine 
Fisheries Service) and to the general public for review and comment. 
These minimum information requirements are based on the information 
that must be submitted when applying for a section 404 permit from the 
Corps of Engineers (33 CFR part 325).
    States/Tribes must be able to issue permits that comply with the 
404(b)(1) Guidelines, the environmental review criteria. States/Tribes 
and the reviewing Federal agencies must be able to review proposed 
projects to evaluate, avoid, minimize and compensate for anticipated 
impacts. EPA's assumption regulations establish recommended elements 
that should be included in the State/Tribes' permit application, so 
that sufficient information is available to make a thorough analysis of 
anticipated impacts. These minimum information requirements are based 
on the information that must be submitted when applying for a section 
404 permit from the Corps of Engineers (CWA section 404(h)(1)(A)(i) and 
section 404(j) and 40 CFR 230.10, 233.20, 233.21, 233.34, and 233.50) 
(33 CFR 325.1).
    EPA is responsible for oversight of assumed programs to ensure that 
State/Tribal programs are in compliance with applicable requirements 
and that State/Tribal permit decisions adequately consider, avoid, 
minimize and compensate for anticipated impacts. States/Tribes must 
evaluate their programs annually and submit the results in a report to 
EPA. EPA's assumption regulations establish minimum requirements for 
the annual report (40 CFR 233.52).
    Burden Statement: This collection of information is separated into 
three pieces. The annual public reporting and record keeping burden for 
this collection of information is estimated to average 520 hours to 
request program assumption, 5 hours to complete a permit application 
and 80 hours to prepare the annual report. 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 
Federal agency. This includes the time needed

[[Page 6023]]

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 
which have subsequently changed; train personnel to be able to respond 
to a collection of information; search data sources; complete and 
review the collection of information; and transmit or otherwise 
disclose the information.
    Respondents/Affected Entities: States and Tribes seeking to or 
having assumed section 404 permit programs.
    Estimated Number of Respondents: 6.
    Frequency of Response: Once, On Occasion, Annually.
    Estimated Total Annual Hour Burden: 101,360.
    Estimated Total Annual Cost: There are no annualized capital or O&M 
costs.
    Changes in the Estimates: There is no change in the total estimated 
burden currently identified in the OMB Inventory of Approved ICR 
Burdens.

    Dated: February 1, 2010.
John Moses,
Acting Director, Collection Strategies Division.
[FR Doc. 2010-2538 Filed 2-4-10; 8:45 am]
BILLING CODE 6560-50-P
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