Turbidity Monitoring Requirements for Construction Sites Regulated by the Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category (Final Rule)

Forms and Documents

Document	Type	Status	Availability
2336ss02.pdf	Supporting Statement A	Uploaded 2010-01-29	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
187390	NPDES-authorized States		Modified
187389	Construction Sites		Modified

ICR Details

OMB Control No: 2040-0280	ICR Reference No: 201001-2040-004
Status: Historical Inactive	Previous ICR Reference No: 200812-2040-002
Agency/Subagency: EPA/OW	Agency Tracking No: 2336.02
Title: Turbidity Monitoring Requirements for Construction Sites Regulated by the Effluent Limitations Guidelines and Standards for the Construction and Development Point Source Category (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Withdrawn	Conclusion Date: 09/30/2011
	Date Received in OIRA: 01/29/2010
Terms of Clearance: Withdrawn at agency request.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: This Information Collection Request (ICR) presents estimates of the burden and costs to the regulated community associated with implementation of the monitoring requirements of the Effluent Limitations Guidelines and Standards For The Construction and Development Point Source Category (40 CFR Part 450). The guidelines require regulated operators to perform turbidity monitoring through the measurement and recording the levels of effluent nephelometric turbidity units (NTU) EPA estimates that total burden and costs of the proposed guidelines for the first three years after promulgation are 635,612 hours and $22.1 million, affecting approximately 6,432 new and on-going construction projects. The burden and costs are associated with the monitoring and reporting requirements of the rule. These requirements are being phased, and do not become effective until 18 months after promulgation, at which time the requirements will apply to projects disturbing 20 or more acres. Four years after promulgation, the monitoring and reporting requirements will apply to projects disturbing 10 or more acres. As a result of the phase-in of the requirements there are no affected projects during the first year. However, during the second year, some on-going projects from earlier years will be affected. Construction projects vary considerably by start date and duration, with some projects lasting more than one year. Please note that, for purposes of burden and costs calculations, because of this project scheduling and duration variability, there are an estimated 1,233 new and on-going projects that are active at some point during year two and 5,199 during year three. These projects are estimated to generate 47,473 Discharge Monitoring Reports (DMRs) over the course of the ICR approval period.

---

Authorizing Statute(s): US Code: 33 USC 1318 Name of Law: Clean Water Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AE91	Final or interim final rulemaking	74 FR 62995	12/01/2009

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

---

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

IC Title	Form No.	Form Name
Construction Sites
NPDES-authorized States

---

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: No

Burden Reduction Due to:

Short Statement: This is a new final rule.

---

Annual Cost to Federal Government: $209,038

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

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: 01/29/2010

---