[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Pages 67713-67714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27765]



[[Page 67713]]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2010-0852; FRL-9219-9]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; National Pollutant Discharge Elimination System 
(NPDES) Permits for Point Source Discharges From the Application of 
Pesticides to Waters of the United States (New); EPA ICR No. 2397.01, 
OMB Control No. 2040-NEW

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request for a new Information Collection Request (ICR) to the 
Office of Management and Budget (OMB). Before submitting the ICR to OMB 
for review and approval, EPA is soliciting public comments on specific 
aspects of the proposed information collection as described below.

DATES: Comments must be submitted on or before January 3, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2010-0852, by one of the following methods:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#4a253d672e2529212f3e0a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="4629316b2229252d23320623362768212930">[email protected]</span></a>.
    <bullet> Mail: EPA Docket Center, Water Docket, Environmental 
Protection Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    <bullet> Hand Delivery: EPA Docket Center, EPA West Room 3334, 1301 
Constitution Avenue, NW., Washington, DC 20004. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OW-2010-
0852. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through www.regulations.gov 
or e-mail. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket visit the 
EPA Docket Center homepage at http://www.epa.gov/dockets/.

FOR FURTHER INFORMATION CONTACT: Jack Faulk, EPA Headquarters, Office 
of Water, Office of Wastewater Management, Mailcode 4203M, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW, 
Washington, DC 20460; telephone number: 202-564-0768; fax number: 202-
564-6384; e-mail address: <a href="/cdn-cgi/l/email-protection#462027332a2d682c27252d0623362768212930"><span class="__cf_email__" data-cfemail="bcdaddc9d0d792d6dddfd7fcd9ccdd92dbd3ca">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OW-2010-0852, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Water Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Reading Room is 202-566-1744, 
and the telephone number for the Water Docket is 202-566-2426.
    Use www.regulations.gov to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the docket, and to access those documents in the 
public docket that are available electronically. Once in the system, 
select ``search,'' then key in the docket ID number identified in this 
document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What information collection activity or ICR does this apply to?

    Affected Entities: Entities potentially affected by this action are 
those required to obtain an NPDES permit for their

[[Page 67714]]

point source discharges from the application of pesticides to waters of 
the United States. States responsible for permitting these entities are 
also affected.
    Title: National Pollutant Discharge Elimination System (NPDES) 
Permits for Point Source Discharges from the Application of Pesticides 
to Waters of the United States (New).
    ICR Numbers: EPA ICR No. 2397.01, OMB Control No. 2040-NEW.
    ICR Status: This ICR is for a new information collection activity. 
An Agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information, unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
in title 40 of the Code of Federal Regulations (CFR), after appearing 
in the Federal Register when approved, are listed in 40 CFR part 9, are 
displayed either by publication in the Federal Register or by other 
appropriate means, such as on the related collection instrument or 
form, if applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: This Information Collection Request (ICR) calculates the 
burden and costs associated with information collection and reporting 
activities from EPA and State NPDES general permits for point source 
discharges from the application of pesticides to waters of the United 
States. On November 27, 2006, EPA issued a final rule (hereinafter 
called the ``2006 NPDES Pesticides Rule'') clarifying circumstances in 
which an NPDES permit was not required to apply pesticide to, or over, 
including near, waters of the U.S. On January 9, 2009, the Sixth 
Circuit Court vacated EPA's 2006 NPDES Pesticides Rule. As a result of 
the Court's decision, on April 9, 2011 NPDES permits will be required 
for discharges to waters of the U.S. from the application of biological 
pesticides and chemical pesticides that leave a residue. Regulations 
governing permit requirements for NPDES discharges are codified at 40 
CFR parts 122. This ICR includes information submitted or recorded by 
permittees as well as information used primarily by permitting 
authorities. The permitting authority will use the information to 
assess permittee compliance and modify/add new permit requirements as 
appropriate. The estimated burden in this ICR is based on EPA's 
proposed NPDES Pesticide General Permit (PGP). EPA published the PGP in 
a Federal Register notice on June 4, 2010 (75 FR 31775) and received 
over 700 public comments. EPA is reviewing the comments and will 
address them in the final permit. The final ICR will reflect the final 
permit.
    Burden Statement: The annual permittees and permitting authorities 
(44 states and Virgin Islands) reporting and recordkeeping burden for 
this collection of information is estimated to average 0.8 hours per 
response. Burden means the total time, effort, or financial resources 
expended by permittees and permitting authorities to generate, 
maintain, retain, disclose or provide information to, or for, a Federal 
agency. This includes the time needed to review instructions; develop, 
acquire, install, and utilize technology and systems for the purposes 
of collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 365,000 
permittees, 45 permitting authorities (44 states and Virgin Islands).
    Frequency of response: varies from once every 5 years to 
occasionally as needed
    Estimated total average number of responses for each respondent: 
3.6.
    Estimated total annual burden hours: 1,033,713 hours (987,904 hrs 
for permittees and 45,809 hrs for permitting authorities).
    Estimated total annual costs: $51,850,723 ($50,109,969 for 
permittees and $1,740,754 for permitting authorities). This includes an 
estimated labor burden cost of $51,850,723 and an estimated cost of $0 
for capital investment or maintenance and operational costs.
    Change in the Estimates: This is a new ICR. The burden from this 
ICR will be consolidated in the existing ICR for the NPDES Program (ICR 
Number 0229.19, OMB Number 2040-0004) during the next standard renewal 
cycle. The current annual burden in OMB's inventory for the existing 
NPDES Program ICR is 30,943,308 hours. This ICR will add 1,033,713 
hours, increasing the burden by 3.3%.

What is the next step in the process for this ICR?

    EPA will consider the comments received and amend this ICR as 
appropriate. EPA will also revise the burden estimates based on the 
final PGP. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: October 27, 2010.
Sheila E. Frace,
Acting Director, Office of Wastewater Management.
[FR Doc. 2010-27765 Filed 11-2-10; 8:45 am]
BILLING CODE 6560-50-P


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