NPDES CAFO 308 Reporting Rule (Proposed Rule)

Forms and Documents

Document	Type	Status	Availability
1989ss08.docx	Supporting Statement A	Uploaded 2011-10-20	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
44013	Private Entities (Permittees)		Modified
187272	Public Entities		Modified

ICR Details

OMB Control No: 2040-0250	ICR Reference No: 201110-2040-001
Status: Historical Inactive	Previous ICR Reference No: 201009-2040-001
Agency/Subagency: EPA/OW	Agency Tracking No: 1989.08
Title: NPDES CAFO 308 Reporting Rule (Proposed Rule)
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: 12/08/2011
	Date Received in OIRA: 10/21/2011
Terms of Clearance: This ICR is continued, the changes corresponding to the proposed CAFO reporting rule are not approved. It is not clear that the reporting and recordkeeping requirements associated with this proposed rule have practial utility and reduce to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including small entities, as required by 5 CFR 1320.9. As the agency develops the final rule, it should ensure that the rule complies with all requiremetns of the PRA and its implementing regulations.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2014	36 Months From Approved	05/31/2016
Responses	2,971,079	0	2,971,079
Time Burden (Hours)	3,273,678	0	3,273,678
Cost Burden (Dollars)	8,780,398	0	8,780,398

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Abstract: This proposed rule will revise the National Pollutant Discharge Elimination System (NPDES) regulations for Concentrated Animal Feeding Operations (CAFOs) to include a new requirement for all CAFOs to submit basic facility information to EPA. The purpose of this proposed rulemaking is to address water quality issues associated with discharges of manure pollutants from CAFOs and to allow EPA to more efficiently and effectively achieve the water quality protection goals and objectives of the CWA, with respect to the implementation and management of the National Pollutant Discharge Elimination System (NPDES) program for CAFOs. The need for this action also derives from the May 2010 settlement agreement that the Agency reached with environmental petitioners in litigation concerning the 2008 NPDES CAFO rule revisions. Specifically, EPA agreed to propose to collect basic facility information from CAFOs, regardless of whether the CAFO has an NPDES permit. EPA will use Clean Water Act (CWA) Section 308 information collection authorities to require CAFO owners/operators to submit the data in question.

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Authorizing Statute(s): PL: Pub.L. 92 - 500 301-2, 306-8, 402-3 Name of Law: Clean Water Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AF22	Proposed rulemaking	76 FR 65431	10/21/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Private Entities (Permittees)
Public Entities

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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 ICR presents the burden impacts of EPA's proposed 308 rule, which creates additional reporting requirements for CAFOs. The analysis of net burden impacts from the proposed rule revisions presented in this ICR controls for an adjusted calculation of baseline impacts compared to baseline impacts originally presented in the 2010 Animals Sector ICR (EPA ICR No. 1989.07).

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Annual Cost to Federal Government: $964,273

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

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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: 10/21/2011

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