NPDES Animal Sectors (Renewal)

Forms and Documents

Document Name	Status
1989.09 - Form 2b - CAFO Application.pdf Supplementary Document	2016-04-12
1989.09 - Form 1 - Application for Permit.pdf Supplementary Document	2016-04-12
1989supp09 - Appendix B and C.pdf Supplementary Document	2014-01-09
1989supp09 - Appendix A.pdf Supplementary Document	2014-01-09
1989ss09 - Animal Sectors ICR SS Revised 4-12-16.docx Supporting Statement A	2016-05-12

IC Document Collections

IC ID	Document Title	Status
44013	Private Entities (Permittees) Instruction	Modified
187272	Public Entities Instruction	Modified

ICR Details

OMB Control No: 2040-0250	ICR Reference No: 201401-2040-003
Status: Historical Active	Previous ICR Reference No: 201009-2040-001
Agency/Subagency: EPA/OW	Agency Tracking No: 1989.09
Title: NPDES Animal Sectors (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 05/12/2016
	Date Received in OIRA: 01/16/2014
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. The Agency is reminded that an ICR's burden must reflect the time needed for respondents to review all instructions related to the collection of information.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2019	36 Months From Approved	05/31/2016
Responses	3,167,930	0	2,971,079
Time Burden (Hours)	3,136,800	0	3,273,678
Cost Burden (Dollars)	8,607,000	0	8,780,398

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Abstract: This ICR covers the information collection burden imposed under the NPDES and Effluent Limitations Guidelines (ELG) regulations for Concentrated Animal Feeding Operations (CAFO) and Concentrated Aquatic Animal Production (CAAP) facilities.

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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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 57150	09/17/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 2825	01/16/2014
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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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	3,167,930	2,971,079	0	0	196,851	0
Annual Time Burden (Hours)	3,136,800	3,273,678	0	0	-136,878	0
Annual Cost Burden (Dollars)	8,607,000	8,780,398	0	0	-173,398	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This updated ICR estimates a total burden that is 136,879 hours less (4.2%) than the currently approved amount. This is due primarily as a result of a 2011 decision by the United States Court of Appeals for the Fifth Circuit regarding the NPDES CAFO permitting program (National Pork Producers Council v. EPA, 635 F.3d 738, 756 (5th Cir. 2011)). Although the court decision did not alter the Effluent Limitations Guidelines for NPDES-permitted CAFOs or recordkeeping and reporting requirements faced by those CAFOs that do seek NPDES permit coverage, it significantly narrowed the scope of CAFOs that need to seek NPDES permit coverage.

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Annual Cost to Federal Government: $1,622,627

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: 01/16/2014

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