2336ss02

INFORMATION COLLECTION REQUEST
SUPPORTING STATEMENT
FOR
TURBIDITY MONITORING REQUIREMENTS FOR CONSTRUCTION SITES
REGULATED BY THE EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS
FOR THE CONSTRUCTION AND DEVELOPMENT POINT SOURCE CATEGORY
(40 CFR PART 450)

EPA ICR No. 2336.02

January 19, 2010

U.S. Environmental Protection Agency
Office of Water
Engineering and Analysis Division
1200 Pennsylvania Avenue NW
Washington, D.C. 20460

Turbidity Monitoring Requirements for Construction Sites

TABLE OF CONTENTS

1. IDENTIFICATION OF THE INFORMATION COLLECTION............................................ 1
1(a) Title of the Information Collection................................................................................ 1
1(b) Short Characterization/Abstract .................................................................................... 1
2. NEED FOR AND USE OF THE COLLECTION...................................................................... 2
2(a) Need/Authority for the Collection ................................................................................. 2
2(b) Practical Utility/Users of the Data................................................................................. 2
3. NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION
CRITERIA ............................................................................................................................ 3
3(a) Non-duplication ............................................................................................................ 3
3(b) Public Notice Required Prior to ICR Submission ........................................................ 3
3(c) Consultations .................................................................................................................. 3
3(d) Effects of Less Frequent Data Collection...................................................................... 3
3(e) General Guidelines ....................................................................................................... 4
3(f) Confidentiality................................................................................................................ 4
3(g) Sensitive Questions........................................................................................................ 4
4. THE RESPONDENTS AND THE INFORMATION REQUESTED........................................ 5
4(a) Respondents ................................................................................................................... 5
4(b) Information Requested .................................................................................................. 5
5. THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT........................................... 8
5(a) Agency Activities .......................................................................................................... 8
5(b) Collection Methodology and Management ................................................................... 8
5(c) Small Entity Flexibility.................................................................................................. 8
5(d) Collection Schedule ....................................................................................................... 9
6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION .................................. 10
6(a) Estimating Respondent Burden ................................................................................... 10
6(b) Estimating Respondent Cost........................................................................................ 11
6(c) Estimating Agency Burden and Cost ........................................................................... 12
6(d) Estimating the Respondent Universe and Total Burden and Costs.............................. 13
6(e) Bottom Line Burden Hours and Costs.......................................................................... 14
6(f) Burden Statement.......................................................................................................... 14

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Turbidity Monitoring Requirements for Construction Sites

LIST OF TABLES
Table 4.1

Turbidity Monitoring Requirements for Construction Sites………………………5

Table 4.2

NPDES-authorized State Requirements (As Users of Data)……………………...7

Table 6.1

Total Respondent Burden………………………………………………………..11

Table 6.2

Summary of Annual Agency Burden and Costs…………………………………13

Table 6.3

Summary of Annual Respondents………………...……………………………..13

Table 6.4

Summary of Annual Responses…………………...……………………………..14

Table 6.5

Summary of Annual Respondent Burden………………………………………..14

Table 6.6

Summary of Annual Respondent Costs………………...………………………..14

Table 6.7

Respondent Bottom-Line Burden and Cost..…………...………………………..14

Table 6.8

Agency Bottom-Line Burden and Cost.………………...………………………..15

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Turbidity Monitoring Requirements for Construction Sites

1. IDENTIFICATION OF THE INFORMATION COLLECTION
1(a)

Title of the Information Collection

ICR: Turbidity Monitoring Requirements For Construction Sites Regulated By The Effluent
Limitations Guidelines and Standards For The Construction and Development Point Source
Category (40 CFR Part 450) (EPA ICR No. 2336.02).
1(b)

Short Characterization/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). This is a new ICR.
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.

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Turbidity Monitoring Requirements for Construction Sites

2. NEED FOR AND USE OF THE COLLECTION
2(a)

Need/Authority for the Collection

As mentioned above, EPA established monitoring requirements for construction sites
under authority of Clean Water Act (CWA) Section 308 to demonstrate compliance with effluent
limitations and standards for turbidity promulgated under 40 CFR Part 450. Sediment, created as
a result of construction and development (C&D) activity and measured by turbidity, is the
primary pollutant that causes water quality impairment for streams and rivers. It is also one of
the leading causes of lake and reservoir water quality impairment and wetland degradation. The
sediment entrained in stormwater discharges from construction activity can harm aquatic
ecosystems, increase drinking water treatment costs, and degrade recreational uses of impacted
waters. Sediment can also accumulate in rivers, lakes, and reservoirs, leading to the need for
dredging or other mitigation. Additionally, Section 402(a)(2) of the CWA directs EPA to
prescribe permit conditions to assure compliance with requirements “including conditions on
data and information collection, reporting and such other requirements as [the Administrator]
deems appropriate.”
2(b)

Practical Utility/Users of the Data

The primary users of the data are the owners and operators of construction sites and
NPDES permitting and enforcement authorities. Citizen groups also use this data to
independently assess compliance.
EPA expects that the monitoring reports will be used by NPDES control authorities to
determine compliance with the effluent limitations and standards. EPA, States, and local
authorities also analyze monitoring data when establishing permit conditions and revise permit
requirements based on data from monitoring reports. Furthermore, EPA and States refer to
discharge monitoring reports and monitoring data on pollutants when developing lists of waters
not meeting applicable water quality standards. EPA anticipates that State NPDES permitting
authorities will only need to conduct detailed technical reviews of monitoring reports in the event
the monitoring reports indicate noncompliance with the NPDES permit conditions.
EPA anticipates that permittees will use the monitoring data to track the effectiveness and
progress of reducing pollutant discharges. Collection and reporting of data to permitting
authorities also provides permittees with an incentive to remain in compliance with their
established permit limitations and conditions.
As public information, monitoring data is used by public environmental/citizen groups
for a variety of purposes. Citizen groups review monitoring data to independently assess
discharger compliance. In some instances the data forms the basis for citizen suits that are
authorized under Section 505 of the CWA. In addition, environmental groups, academicians and
others use monitoring data to estimate pollutant loadings to streams, lakes, oceans, and estuaries.

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Turbidity Monitoring Requirements for Construction Sites

3.

NON-DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION
CRITERIA
3(a)

Non-duplication

EPA has examined all other reporting requirements contained in the Clean Water Act and
40 CFR Parts 122, 123, 124, 125, 430, 501, and 503. The Agency also has consulted the
following sources of information to determine if similar or duplicate information is available
elsewhere:
•

EPA Information Systems Inventory,

•

State permits,

•

Government Information Locator System (GILS), and

•

Toxic Chemical Release Inventory.

Examination of these databases revealed no duplicate collection requirements. EPA has
concluded that there is no other way to obtain the compliance demonstration information
addressed in this ICR.
3(b)

Public Notice Required Prior to ICR Submission

EPA solicited comment on the draft version of this ICR when proposing effluent
limitations under 40 CFR 450 (73 FR 72562), prior to formal submission to OMB. Commenters
made no significant comments about the draft ICR.
3(c)

Consultations

EPA consulted with the public, industry, and States on the monitoring requirements
during the rulemaking process.
3(d)

Effects of Less Frequent Data Collection

EPA has established its turbidity monitoring frequency to coincide with effluent
discharges from construction sites. Since this frequency depends on local weather conditions
and sediment basin characteristics, monitoring will be somewhat sporadic. EPA determined that
this minimum required monitoring frequency was necessary because of the degree of the
temporal variability in effluent discharges from construction sites that can and do occur
frequently and at any time. Therefore, EPA was concerned that less frequent monitoring would
not provide the information necessary to ensure compliance with the effluent limitations
guidelines and standards promulgated for this industry.
In establishing the minimum monitoring frequency for turbidity, EPA has struck a
balance between the cost of the monitoring regimen and the need to ensure that sufficient data is
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Turbidity Monitoring Requirements for Construction Sites

consistently available to permitting authorities. Permitting authorities need to have an adequate
basis to verify compliance with the effluent limitations guidelines and standards, given the
environmental significance of large discharges of sediment, and the generation of which is
variable, as available data clearly demonstrate. This monitoring regimen also ensures sufficient
data is available to the site operator so that it may quickly become aware of noncompliance with
the limits of the rule and remedy it as soon as practicable.
3(e)

General Guidelines

This information collection is consistent with OMB guidelines contained in 5 CFR
1320.5(d)(2).
3(f)

Confidentiality

EPA does not expect that confidential business information (CBI) or trade secrets will be
required from C&D site operators as part of this ICR. Where information submitted in
conjunction with this ICR contains CBI, the respondent may request that this information be
treated as confidential business information. All data so designated will be handled pursuant to
40 CFR Part 2 when EPA is the permitting authority, and pursuant to applicable state rules and
regulations governing CBI when states are the permitting authorities. Pursuant to Section 308(b)
of the Clean Water Act, effluent data may not be treated as confidential.
3(g)

Sensitive Questions

The reporting requirements addressed in this ICR do not include sensitive questions.

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Turbidity Monitoring Requirements for Construction Sites

4.

THE RESPONDENTS AND THE INFORMATION REQUESTED
4(a)

Respondents and SIC Codes

The respondent universe for this ICR will be new construction projects with disturbed
areas 20 acres or larger at some point during the year. Because some projects can last multiple
years, the number of new and on-going projects in year two is estimated to be 1,233 projects that
generate 9,222 DMRs for control authority review during a year. In year three, the number of
new and on-going projects is expected to be 5,199 that generate 38,251 DMRs.
4(b)

Information Requested

The following sections outline the monitoring, reporting, and recordkeeping requirements
for construction sites under 40 CFR 450. Table 4.1 outlines the information requirements for
respondents and the data requirements are listed by regulation number.
Table 4.1: Turbidity Monitoring Requirements for Construction Sites
Regulatory Description
Monitoring and/or
Reporting Frequency
Monitoring Requirements: Sample Collection and Analysis
450.22(a)(1 and 2)
For each site at which construction activity disturbs 10 or
more acres at one time, including non-contiguous land
disturbances that take place at the same time and are part of a
larger common plan of development or sale:
• Turbidity…………………………………………….. Upon all instances of
discharge of stormwater;
at least three samples are
required per day from
each discharge point
when a discharge occurs
during normal working
hours.
Reporting and Recording Requirements
122.41(l)(4)
Requires direct dischargers to report all monitoring results to
Permit-specific/At Least
the permitting authority using Discharge Monitoring Reports
Annually
(DMRs).
122.41(j)(2)
Requires direct dischargers to retain ongoing monitoring
records and copies of all reports for at least 3 years from the
date of the sample.
40 CFR Citation

Should a permittee choose to collect and analyze more samples than specified in its
permit, the permittee must include all monitoring data in the reports. See 40 CFR
122.41(j)(4)(ii). As indicated in Table 4.1, submission of reports shall be at the frequency
established by the NPDES permit authority, but in no case less than once per year. Also, the
permittee must collect and analyze representative samples and must conduct all monitoring
requirements according to permit specific conditions and/or approved test procedures as set forth
under 40 CFR Parts 136, 430, and 503. See 40 CFR 122.41(j).
A sample of a pre-printed discharge monitoring form may be obtained from the

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Turbidity Monitoring Requirements for Construction Sites

NPDES/Sewage Sludge Monitoring Reports ICR. Direct dischargers are required to maintain
monitoring records, copies of all reports required by the NPDES permit agreement and records
of all data used to complete the permit application for at least 3 years. See 40 CFR 122.41(j)(2).
Construction site respondent activities include the following:
•

Preparing basic information. All permittees must conduct a variety of basic
activities, including reviewing regulatory and permit requirements, conducting
monitoring; preparing DMRs, and submitting reports to the NPDES permit
authority.

•

Maintaining records. All permittees must keep records of monitoring
information as required by the regulation.

NPDES-authorized States respondent activities include the following:
•

DMR Review

•

Follow-up Activities

•

Reporting and Recordkeeping Requirements

Data review varies from State to State. Generally, the permitting authority routinely
screens data to identify permit violations and conducts a more thorough technical review and
follow-up when violations are detected. Follow-up activities may include informal contact with
the permittee (by telephone or letter) requesting prompt corrective action, technical assistance,
field inspections to further substantiate violations, or a formal enforcement action, such as an
Administrative Order or referral to the EPA regional office and/or the U.S. Attorney (or State's
Attorney General in the case of NPDES-authorized States). Table 4.2, on the next page,
summarizes NPDES-authorized State requirements.

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Turbidity Monitoring Requirements for Construction Sites

40 CFR Citation
DMR Data Review
123.26(a)

Table 4.2: NPDES-authorized State Requirements (As Users of Data)
Regulatory Description
Response Frequency

123.26(e)

Recordkeeping Requirements
123.26(e)(4)

Requires the NPDES permitting
authority to have procedures for
reviewing DMR submissions, using
the reported data to evaluate
permittee compliance. The
permitting authority must also have
procedures for conducting an initial
screening of compliance-related
information.
When warranted, requires the
permitting authority to have
procedures to follow-up the initial
screening with a substantive
technical evaluation to determine
permittee compliance with permit
conditions.

Variable/Permit-specific

Requires the permitting authority to
have the procedures and ability for
maintaining a management
information system that supports the
compliance evaluation activities.

Ongoing

7

As Necessary

Turbidity Monitoring Requirements for Construction Sites

5.

THE INFORMATION COLLECTED--AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT
5(a)

Agency Activities

Activities undertaken by EPA under this information collection primarily include
oversight of the NPDES programs and, where EPA is the NPDES permitting authority, review of
monitoring data and, where necessary, follow-up actions.
The extent to which EPA reviews data in assessing permit compliance may vary. For
example, EPA may conduct a more extensive review of permittees that are, or have been, in
violation of their permit requirements, than of permittees who have been in full compliance. In
cases of continued noncompliance, EPA may use monitoring report data to identify patterns of
non-compliance and/or to support Agency enforcement efforts. EPA and/or the permitting
authorities may limit its review of data submitted by fully compliant permittees to a simple
determination of continuing compliance. EPA may also review data from minor permittees that
may cause water quality problems (i.e., significant minors). EPA may review data from other
minor permittees less frequently. In most cases, EPA will forward copies of reports to the States.
EPA does not require the unauthorized States to review data, but several States voluntarily
conduct the review and use the results in their own programs.
EPA regions may also review data from major direct discharging permittees while
performing program oversight functions (e.g., during file audits and when compiling statistical
compliance summaries). Reported data is often stored in the Permit Compliance System (PCS)
for reference. EPA and States may use this data to evaluate potential compliance problems,
focus inspection efforts, conduct spot check reviews and determine appropriate enforcement
action. PCS is available for public review at the following location:
http://www.epa.gov/enviro/html/pcs/pcs_overview.html.
5(b)

Collection Methodology and Management

Respondents typically report collected compliance data for all pollutant parameters on
Discharge Monitoring Reports (DMRs). Use of preprinted DMR forms is one method that EPA
has used to improve its collection methodology. EPA has developed policy guidance for the
electronic submission of data (see 61 FR 46683-46694). The electronic submission of DMR data
is voluntary and will be an alternative to the paper submissions. EPA makes use of the PCS
database to store, track and access this information.
5(c)

Small Entity Flexibility

EPA has certified that effluent guidelines for C&D sites, including the monitoring
requirements considered by this ICR, will not have a significant economic impact on a
substantial number of small entities and therefore is not establishing any reporting or
recordkeeping alternatives for small entities. See Section XII.7 of the Preamble.

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Turbidity Monitoring Requirements for Construction Sites

5(d)

Collection Schedule

The information collection activities included in this ICR are anticipated to coincide with
existing reporting schedules. The timeframes for submitting compliance assessment information
and associated activities are outlined below:
•

Monitoring, reporting, and recordkeeping are performed on a continual basis;

•

Reports are to be prepared for submission to NPDES permit authorities at a
frequency to be determined by these authorities, but no less than once per year. EPA
expects that such reporting frequencies will be consistent with existing reporting
requirements already applicable to permittees. For the purpose of this ICR, EPA
assumes that sites will be required to submit DMRs on a monthly basis.

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Turbidity Monitoring Requirements for Construction Sites

6.

ESTIMATING THE BURDEN AND COST OF THE COLLECTION
6(a)

Estimating Respondent Burden

This section describes the methods EPA used to estimate the burden to respondents
associated with the monitoring and reporting requirements reports of 40 CFR Part 450. The
number of sites potentially affected during the three year covered under the ICR reporting is
estimated at 6,432, with the number of rain events that would subsequently require effluent
monitoring being set at two per month. These 6,432 projects are expected to generate an
estimated total of 47,473 DMRs during the three year period.
(i)

Sampling and Reporting Activities

During the ICR approval period, all construction sites with total disturbed areas greater
than 20 acres at any given point in time will be required to monitor effluent turbidity following
rain events that lead to stormwater discharges from the sites. The Agency assumes the use of
simple turbidimeters and four hours per rain event per laborer for sampling, recordkeeping, and
reporting, with larger sites requiring more laborers to make measurements at a greater number of
outfalls. The Agency also assumed that larger projects would require larger numbers of
sampling laborers. The monthly permittee burden per laborer is, therefore, estimated as follows:
Sites greater disturbing 10 or more acres, but less than 40 acres
(4 hours/laborer)*(1 laborer)*(2 rain events/site/month) = 8 hours/month
Sites greater disturbing 40 or more acres, but less than 100 acres
(4 hours/laborer)*(2 laborers)*(2 rain events/site/month) = 16 hours/month
Sites greater disturbing 100 or more acres
(4 hours/laborer)*(3 laborer)*(2 rain events/site/month) = 24 hours/month
This information was combined with EPA’s analysis of the distribution of project sizes
and duration to produce a final estimate of annual permittee burden of 116,398 hours during year
two and 483,877 during year three.
(ii)

NPDES-authorized State Respondent Burden

The burden and associated costs to NPDES-authorized State authorities for reviewing
DMRs, revising NPDES permits, and conducting follow-up actions are estimated at 0.55 hour
per report. The annual State respondent burden is, therefore, estimated as follows:
(0.55 hour/report)*(6,746 reports/year 2) = 3,710 hours/year 2
(0.55 hour/report)*(32,554 reports/year 3) = 17,905 hours/year 3
The Agency’s estimate for total respondent burden is presented in Table 6.1 below.

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Turbidity Monitoring Requirements for Construction Sites

Table 6.1 Total Respondent Burden (hours)
Respondent Type

Activity

Year 1
Burden

Year 2
Burden

Year 3
Burden

Total Burden

Permittee (construction site)

Sampling &
Recording

0

116,398

483,877

600,275

NPDES-authorized States

Review and
Process DMR

0

3,710

17,905

21,615

0

120,108

501,782

621,890

Total Respondent Burden

6(b)

Estimating Respondent Cost

(i)

Estimating Annual Labor Costs

Estimates for respondent labor costs were prepared using industry-specific labor rates
identical to those used for the cost model in the rulemaking and are assumed to be $30/hour for
permittees and $39.25/hour for control authorities. Annual labor costs for permittees are,
therefore, estimated as follows:
($30/hour)*(116,398 hours/year 2) = $3,491,926/year 2
($30/hour)*(483,877 hours/year 3) = $14,516,311/year 3

Similarly, annual labor costs for NPDES-authorized States are as follows:
($39.25/hour)*(3,710 /year 2) = $145,629/year 2
($39.25/hour)*(17,905 /year 3) = $702,766/year 3
(ii)

Capital/Start-up and Operations and Maintenance (O&M) Costs

The principle capital/start-up cost for the industry is the purchase and O&M costs
associated with monitoring. EPA assumes that a firm will use one turbidimeter per project and
that the firm will purchase a calibration kit for each year that the project is active. So to estimate
the total number of turbidimeters and calibration kits that would be required, EPA had to
determine how many projects may be simultaneously active at any one time during the year. For
the engineering and economic analyses, EPA distributed the estimated new projects over 12
duration categories that range from 1 month to 3 years in length. Since larger projects will likely
have more monitoring sights EPA estimates that projects over 40 disturbed acres will need two
turbidimeters and projects over 100 acres will need three turbidimeters. Using the distribution of
project sizes and durations, the Agency has estimated that there will need to be 1,507
turbidimeters used during the course of year two, and 6,270 active projects during year three.
The total cost of a turbidimeter is approximately $750. The annualized turbidimeter cost,
assuming a 10-year useful life for the equipment and an industry-average cost of capital of 14.3
percent is approximately $145. Therefore, total capital/start-up cost for regulated sites are as
follows:
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Turbidity Monitoring Requirements for Construction Sites

($145/turbidimeter)*(7,777 turbidimeters) = $1,127,735
EPA has estimated that the use of each turbidimeter will require the purchase of an
annual calibration kit, at a price of $100/turbidimeter. The total O&M cost for permittees is,
therefore, estimated to be as follows:
($100/turbidimeter)*(7,777 turbidimeters) = $777,748
The Agency has also estimated that each State will incur capital/start-up costs of $31,280
per State. The estimated cost for data gathering infrastructure is $25,000 and the cost for
program development is $6,280 ($39.25/hr*160 labor hours). EPA assumes that states will
develop these programs during the same year that they renew their construction general permit,
and there will be five states during the first year, seven in year two, and twelve in year three. The
total capital/start-up costs for NPDES-authorized States is, therefore, estimated to be as follows:
($31,280/NPDES-authorized State)*(23 NPDES-authorized States) = $719,440
The Agency has assumed no additional O&M costs for the NPDES-authorized States,
since it expects that maintenance agreements will be part of the cost of acquiring the necessary
infrastructure to receive DMRs from the industry.
6(c)

Estimating Agency Burden and Cost
(i) Estimating Labor Costs

EPA burden is based on management and support activities for construction sites located
in the following:
States without NPDES authority: EPA activities include analysis of monitoring data
and review of DMRs; this would translate to an incremental burden in addition to current
activities. Recurring incremental EPA burden for processing and analyzing monitoring
data, including entry into the PCS database (reporting and recordkeeping), is estimated to
be 0.55 hour per site per DMR. EPA assumes that these sites submit DMRs at a similar
rate to those in NPDES-authorized states. In addition, EPA assumes that approximately
10 percent of all DMRs submitted will require follow-up action, with an estimated burden
of one hour per DMR.
States with NPDES control authority: EPA activities include program support, such as
review of NPDES permit renewal applications and draft permits, and review of
monitoring data (39,300 DMRs). To estimate Agency burden support activities, EPA
assumes that approximately 10 percent of all DMRs submitted will require follow-up
assistance from EPA with an estimated burden of one hour per DMR.
The Agency anticipates renewing its construction general permit for the four unauthorized states
(Massachusetts, New Hampshire, New Mexico, Idaho) and the District of Columbia during the
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Turbidity Monitoring Requirements for Construction Sites

second year. The total annual Agency burden and costs are summarized in Table 6.2, assuming
an hourly rate of $50, as follows:

Activity
Processing and analyzing
monitoring data from
Unauthorized States
Follow-up actions for 10
percent of DMRs from All
States
Total Agency Burden and
Costs

(ii)

Table 6.2: Summary of Annual Agency Burden and Costs
Labor Hours
Labor Cost
Labor Hours Labor Cost
Year 2
Year 2
Year 3
Year 3
1,362
$68,093
3,133
$156,656

922

2,284

$46,110

$114,203

Total
Hours
4,495

Total
Cost
$224,749

3,825

$191,254

4,747

$237,365

6,958

$347,910

9,242

$462,114

Capital/Start-up and Operations and Maintenance (O&M) Costs

The Agency has estimated that it will incur capital/start-up costs of $33,000 ($25,000 for
data gathering infrastructure and $8,000 for program development) for each State that it manages
the NPDES program for. EPA assumes that it will develop these programs during the same year
that it renews its construction general permit. The total capital/start-up costs for NPDESunauthorized States and the District of Columbia is, therefore, estimated to be as follows:
($33,000/NPDES-authorized State)*(5 NPDES-unauthorized States) = $165,000
The Agency has assumed no additional O&M costs, since it expects that maintenance
agreements will be part of the cost of acquiring the necessary infrastructure to receive DMRs
from the industry.
6(d)

Estimating the Respondent Universe and Total Burden and Costs

The following four tables (6.3, 6.4, 6.5, and 6.6) summarize the annual number of
respondents, responses, hourly burden, and costs for the three years covered under the ICR. The
activities covered by these tables are the sampling, analysis, reporting, and recordkeeping by
sites, as well as the program start-up and DMR review and processing by State NPDES
permitting authorities.

Respondent Category
Construction Sites
NPDES-authorized States
Total Annual Respondents

Table 6.3: Summary of Annual Respondents
Year 1
Year 2
Year 3
0
1,233
5,199
4
11
23
4
1,244
5,222

13

Total Respondents
6,432
23
6,455

Turbidity Monitoring Requirements for Construction Sites

Table 6.4: Summary of Annual Responses
Year 1
Year 2
0
18,444
4
6,753
4
25,197

Respondent Category
Construction Sites
NPDES-authorized States
Total Annual Responses

Construction
Sites
NPDESauthorized
States
Total Annual
Cost

Total Responses
94,946
39,319
134,269

Table 6.5: Summary of Annual Respondent Burden
Labor Hours Year 1 Labor Hours Year 2 Labor Hours Year 3
0
116,398
483,877
640
4,830
19,825
640
121,228
503,702

Respondent Category
Construction Sites
NPDES-authorized States
Total Annual Burden

Respondent
Category

Year 3
76,502
32,566
109,068

Table 6.6: Summary of Annual Respondent Costs
Year 1
Year 2
Year 3

Total Hours
600,275
25,295
625,570

Total Costs

Capital
and O&M

Labor

Capital
and O&M

Labor

Capital
and O&M

Labor

0

0

$369,287

$3,491,926

$1,536,196

$14,516,311

$19,913,720

$100,000

$25,120

$175,000

$189,589

$300,000

$778,126

$1,567,835

$100,000

$25,120

$544,287

$3,681,515

$1,836,196

$15,294,437

$21,481,555

6(e)

Bottom Line Burden Hours and Costs

(i)

Respondent Tally
The bottom line burden and costs for respondents are presented in Table 6.7
below.

Respondent
Category
Construction Sites
NPDESauthorized States

(ii)

Table 6.7: Respondent Bottom-Line Burden and Cost
Responses
Burden
Labor Costs
3-year Total
Annual
3-year Total
Annual

94,946
31,649
39,319
13,106

600,275
200,092
25,295
8,432

$18,008,237
$6,002,746
$992,835
$330,945

Capital/O&M
Costs
$1,905,483
$635,161
$575,000
$191,667

Agency Tally

The bottom line annual Agency tally for DMR review and follow-up is presented
in Table 6.8.

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Turbidity Monitoring Requirements for Construction Sites

Respondent
Category
Agency

6(f)

Table 6.8: Agency Bottom-Line Burden and Cost
Responses
Burden
Labor Costs
3-year Total
Annual

94,946
31,649

10,042
3,347

$462,114
$154,038

Capital/O&M
Costs
$165,000
$55,000

Burden Statement

EPA estimates that for the Construction and Development Point Source Category there
are no projects during year one, 1,233 new and on-going projects during year two and 5,199
during year three that have information collection requirements. These sites will perform
additional sample collection and pollutant analyses and reporting and recordkeeping to permit
authorities, as part of NPDES permit requirements. For monitoring and reporting activities, EPA
estimates affected sites to incur no burden in year one, due to the phase–in of monitoring
requirements, a burden of 116,398 hours in year two, and a burden of 483,877 hours in year
three. The costs corresponding to these burden estimates are $3,491,926 in year two and
$14,516,311 in year three. On a per-site basis, the average number of monitoring events is 14.8
per year resulting in an average of 7.4 DMRs submitted each year. Sites are anticipated to incur
an average of 93 hours per year for sampling, reporting and recordkeeping for monthly DMRs.
This burden corresponds to an average annual cost of $3,096 for labor and equipment.
NPDES-authorized States are estimated to incur 6,746 burden hours in year two and
32,554 in year three for processing and analyzing monitoring data captured in submitted DMRs.
This hourly burden translates to an estimated $145,629 cost for year two and a $702,766 cost for
year three.
EPA is not anticipating any cost or burden during the first year. EPA burden is estimated
to be 3,084 hours in year two and 6,958 in year three for support of State follow-up activities, as
well as acting as the NPDES permit authority where the States are not authorized NPDES
authorities. These yearly burdens correspond to a cost of $279,203 in year two and $347,910 in
year three.
Burden means the total time, effort, or financial resources expended by persons to
generate, maintain, retain, or 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; adjust the existing ways to
comply with any previously applicable instructions and requirements; 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. 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 are listed in 40 CFR Part 9 and 48 CFR Chapter 15.
To comment on the Agency's need for this information, the accuracy of the provided
burden estimates, and any suggested methods for minimizing respondent burden, including the
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Turbidity Monitoring Requirements for Construction Sites

use of automated collection techniques, EPA has established a public docket for this ICR under
Docket ID Number [EPA-HQ-OW-2008-0465], which is available for online viewing at
www.regulations.gov, or in person viewing at the Water Docket in the EPA Docket Center
(EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The
EPA Docket Center 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) 5661744, and the telephone number for the Water Docket is (202) 566-2426. An electronic version
of the public docket is available at www.regulations.gov. This site can be used to submit or view
public comments, access the index listing of the contents of the public docket, and to access
those documents in the public docket that are available electronically. When in the system,
select “search,” then key in the Docket ID Number identified above. Also, you can send
comments to the Office of Information and Regulatory Affairs, Office of Management and
Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please
include the EPA Docket ID Number EPA-HQ-OW-2008-0465 and EPA ICR Number 2336.02
in any correspondence.

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