This information
collection request, submitted to OMB under the provisions of 5 CFR
1320.11, is approved for three years pursuant to 5 CFR 1320.11(g),
subject to the following terms of clearance. OMB notes that this
ICR, associated with EPA's proposed rule revising its regulatory
requirements for establishing Total Maximum Daily Loads (TMDLs) and
amending the National Pollutant Discharge Elimination System
regulations under the Clean Water Act, was submitted following
publication of the proposed rule, as specified in the preamble to
the proposed rule at 64 FR 46043. Since the ICR was received by
OMB, EPA has supplemented the supporting statement with information
intended to reflect changes made between the proposed and final
rule. Nevertheless, OMB is concerned that the ICR may not fully
reflect all of the changes associated with EPA's final rule.
Specifically, OMB is concerned that EPA may not have accounted for
the following potential sources of burden associated with the final
rule: -- additional burden to States associated with revising TMDLs
for Part 3 waterbodies for which a State or EPA determines that
substantial progress towards attaining water quality standards is
not being made; -- additional burden to States associated with
reasonable revisions to the methodology for setting priorities
required by 40 CFR 130.23 and 130.24; -- additional burden to
States associated with making future listing decisions using the
new listing format required by 40 CFR 130.27; OMB notes that some
of this burden may not be borne during the three-year period for
which this collection is approved. Nevertheless, EPA should account
for the burden, and include it in future ICRs. OMB also notes that
EPA has failed to account for financial (non-labor) costs
associated with the final rule. EPA should provide OMB an estimate
of these costs, including costs associated with monitoring, public
notification, storage and processing of public comments by States,
mailing and photocopying the various materials the rule requires to
be submitted to EPA or other parties, and any other costs that the
supporting statement does not account. EPA should also provide more
complete documentation of the basis for its estimates of the burden
hours associated with individual aspects of the collection. In
addition, EPA should submit to OMB a detailed line-item accounting
of the burden associated with carrying out the implementation plan
required by 40 CFR 130.32(b)(11) and 130.32(c). Within sixty days
of implementing the final rule, EPA should submit to OMB
documentation addressing the issues described above, and, as
appropriate, amend its estimated of burden hours and costs
associated with the collection. At that time, EPA may amend its
burden estimate to reflect any changes in the expected schedule for
implementing the final rule. EPA also agrees to work with OMB in
developing guidance for States to assist them in developing the
benefit-cost analyses required by Clean Water Act section
305(b).
Inventory as of this Action
Requested
Previously Approved
07/31/2003
07/31/2003
04/30/2003
59
0
59
4,489,147
0
245,676
0
0
0
These revisions would increase the
burden to States for four Secton 303)d) activities related to
preparation of the Section 303(d) lists: revising the listing
methodology, establishing schedules for TMDL development, increased
public participation, and providing the listing methodology in a
new format.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
National Water Quality Inventory Reports (TMDL Final Rule: Clean Water Act Sections 305(b), 303(d), 314(a) and 106(e)).