Revised National Pollutant Discharge Elimination System Permit Regulations for Concentrated Animal Feeding Operations (SNPRM)

Forms and Documents

Document Name	Status
1989ss05 (2008-03-05 SNPRM).doc Supporting Statement A	2008-03-06

IC Document Collections

IC ID	Document Title	Status
44013	Revised National Pollutant Discharge Elimination System Permit Regulations for Concentrated Animal Feeding Operations (SNPRM) -- Private	Modified
184071	Revised National Pollutant Discharge Elimination System Permit Regulations for Concentrated Animal Feeding Operations (SNPRM) -- State	New

ICR Details

OMB Control No: 2040-0250	ICR Reference No: 200803-2040-001
Status: Historical Inactive	Previous ICR Reference No: 200607-2040-002
Agency/Subagency: EPA/OW	Agency Tracking No: 1989.05
Title: Revised National Pollutant Discharge Elimination System Permit Regulations for Concentrated Animal Feeding Operations (SNPRM)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 11/19/2008
	Date Received in OIRA: 03/07/2008
Terms of Clearance: This ICR is not approved. EPA should calculate new burden based on requirements in final rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2009	11/30/2009	11/30/2009
Responses	196,453	0	196,453
Time Burden (Hours)	3,500,000	0	3,500,000
Cost Burden (Dollars)	9,120,000	0	9,120,000

---

Abstract: On February 28, 2005, the United States Court of Appeals for the Second Circuit vacated certain provisions of EPA's 2003 NPDES CAFO regulations and remanded others to EPA (Waterkeeper Alliance et al. v. EPA, 399 F.3d 486 (2nd Cir. 2005)). In response to the court decision, EPA is revising the original 2003 CAFO regulations. This SNPRM is an addendum to the 2006 proposed CAFO regulations (71 FR 37744; June 30, 2006). The ICR supporting the SNPRM estimates the information collection burden associated specifically with the proposed revisions in the supplemental notice.

---

Authorizing Statute(s): US Code: 33 USC 301-501 Name of Law: null
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AE94	Proposed rulemaking	73 FR 12321	03/07/2008

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Revised National Pollutant Discharge Elimination System Permit Regulations for Concentrated Animal Feeding Operations (SNPRM) -- Private
Revised National Pollutant Discharge Elimination System Permit Regulations for Concentrated Animal Feeding Operations (SNPRM) -- State

---

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This ICR describes changes in burden deriving from additional changes EPA is proposing to NPDES regulations in response to the Waterkeeper decision. The Agency previously proposed original revisions to the regulations in 2006, but is proposing additional changes in the SNPRM. Since the SNPRM contains a number of new regulatory requirements, these changes would alter the burden described in the ICR for the 2006 proposed CAFO regulations. In addition, EPA has adjusted the baseline burden estimate as shown in the 2006 ICR renewal for the NPDES CAFO program at large to reflect industry growth.

---

Annual Cost to Federal Government: $318,832

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 03/07/2008

---