NPDES Permit Regulations and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations (Final Rule)

Forms and Documents

Document Name	Status
1989supp06 - Appendix2 - Burden Change.doc Supplementary Document	2009-06-09
Appendix 061608.pdf Supplementary Document	2008-06-16
1989ss06 _073108_.pdf Supporting Statement A	2008-07-31

IC Document Collections

IC ID	Document Title	Status
44013	Final Revised National Pollutant Discharge Elimination System Permit Regulations for Concentrated Animal Feeding Operations -- Private	Modified
187272	Final Revised National Pollutant Discharge Elimination System Permit Regulations for Concentrated Animal Feeding Operations -- State	New

ICR Details

OMB Control No: 2040-0250	ICR Reference No: 200907-2040-001
Status: Historical Active	Previous ICR Reference No: 200607-2040-002
Agency/Subagency: EPA/OW	Agency Tracking No: 1989.06
Title: NPDES Permit Regulations and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations (Final Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/29/2009
	Date Received in OIRA: 07/29/2009
Terms of Clearance: Although this is a revision of an ICR that would normally expire in November 2009, the Agency has requested that a three year approval be granted at this time, since the renewal request would be virtually identical to this revision, and the new burden estimtes reflect a notice and comment rule making that was completed less than a year ago. OMB concurs that this is a reasonable request and has granted a three-year approval as requested.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2012	36 Months From Approved	11/30/2009
Responses	179,483	0	196,453
Time Burden (Hours)	2,998,603	0	3,500,000
Cost Burden (Dollars)	7,780,524	0	9,120,000

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Abstract: EPA is revising its existing, active ICR, No. 1989.04, which covers the paperwork burden associted with the National Pollutant Discharge Elimination System (NPDES) permitting requirements (Sec. 122) and Effluent Limitations Guidelines and Standards (ELGs) (Sec. 412) requirements for concentrated animal feeding operations (CAFOs). The revisions accompany the Agency's final rulemaking amending the CAFO regulations in response to the Waterkeeper court decision.

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AE80	Final or interim final rulemaking	73 FR 70417	11/20/2008

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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

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

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	179,483	196,453	0	11,163	-28,133	0
Annual Time Burden (Hours)	2,998,603	3,500,000	0	-25,514	-475,883	0
Annual Cost Burden (Dollars)	7,780,524	9,120,000	0	-488,432	-851,044	0

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 final revisions to NPDES regulations in response to the Waterkeeper court decision. The Agency previously proposed original revisions to the regulations in 2006 and additional changes in an SNPRM in March 2008. Since the final rulemaking contains both new and revised regulatory requirements, these changes alter the burden currently approved by OMB for ICR 1989.04. In addition, EPA has adjusted the baseline burden estimate for the NPDES CAFO program at large to reflect industry growth.

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Annual Cost to Federal Government: $770,542

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

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Common Form ICR:  No

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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: 11/19/2008

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