OW Emergency ICR COVID 19-CWA SDWA_05.29.2020.cb.ck

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF WATER

MEMORANDUM
SUBJECT:

Emergency Information Collection Request for CWA and SDWA Data Collection of
Resource Needs for Utilities During the COVID-19 National Emergency
(OMB No. 2040-NEW; EPA ICR No. 2625.01)

FROM:

Charlotte Bertrand, Deputy Assistant Administrator

THRU:

Courtney Kerwin, Director
Regulatory Support Division, OEIP
Office of Mission Support

TO:

Vlad Dorjets, OMB Desk Officer
Office of Information & Regulatory Affairs
Office of Management and Budget

COURTNEY
KERWIN

CHARLOTTE
BERTRAND

Digitally signed by
CHARLOTTE BERTRAND
Date: 2020.06.01 08:47:38
-04'00'

Digitally signed by
COURTNEY KERWIN
Date: 2020.06.01 13:22:47
-04'00'

The U.S Environmental Protection Agency (EPA) requests an emergency information collection request
(ICR) under the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA) that will enable us
to rapidly obtain information from the water sector for coronavirus disease (COVID-19) related needs.
As a result of COVID-19, the water utility sector is facing potential supply chain, workforce, and
revenue shortages. The EPA needs to collect data quickly to assess whether water sector utilities have
sufficient resources to continue their operations and provide safe drinking water and wastewater
treatment during the COVID-19 national emergency and while America reopens. Additionally,
information is necessary to facilitate planning for a rapid response, if necessary, should there be a
recurrence of COVID-19 later this year. In accordance with the implementing regulations of the
Paperwork Reduction Act of 1995 (PRA), the EPA is requesting emergency review under 5 CFR
1320.13(a)(2)(i) because public harm is reasonably likely to result if the regular clearance procedures
were followed. Additionally, this request for an emergency ICR is consistent with 5 CFR
1320.13(a)(2)(ii), “an unanticipated event has occurred.” Per the PRA, clearance for the provisions
approved by this emergency ICR request will automatically expire after 180 days. Maintaining them, if
necessary, will require the Agency to carry-out, and OMB to approve, an ICR for a new collection,
complete with 60- and 30-day public comment periods.
Section 1445 of the SDWA states that public water systems (PWSs) shall conduct monitoring, maintain
records, and provide information as needed to implement their monitoring and enforcement
responsibilities with respect to the Act. In addition, the National Pollutant Discharge Elimination
System (NPDES) program, established under CWA Section 402, is an important tool for controlling
pollutant discharges. The CWA authorizes the Agency to issue permits for the discharge of pollutants to
waters of the United States, and the Agency uses the NPDES program to regulate point source
discharges. Under both the SDWA and the CWA, the EPA has the authority to collect certain data from
drinking water and wastewater treatment facilities; however, the EPA has determined that existing

provisions of the monitoring, recordkeeping, and reporting provisions at Section 1445 of SDWA and
Section 402 of the CWA are insufficient to obtain the data necessary and in a timely manner to address
drinking water and waste water issues related to the novel COVID-19 national emergency.
The EPA needs to obtain data quickly from the water utilities and associated chemical and other
manufacturing sectors to answer questions regarding potential shortages in their supply chains.
Respondents would be water utilities like PWSs of all sizes, Publicly-Owned Treatment Works
(POTWs), and other entities that manufacture, produce, and/or supply products, equipment, and services
used by PWSs and POTWs. As soon as the EPA receives an indication that a problem may exist, the
Agency may request information about the chemicals, equipment, or other critical materials potentially
in short supply and viable alternatives that can be used in their treatment process. Personnel shortages
are another potential issue that could impact utilities’ operations during the COVID-19 crisis. We would
seek information to determine if there are potential or on-going shortages of certified operators or other
trained personnel needed to keep Community Water Systems (CWS) and POTWs running safely. This
includes contractors performing critical functions to maintain operations. Additionally, the EPA may
also request information regarding financial impacts that drinking water, wastewater, and stormwater
utilities are experiencing. These impacts may include revenue losses, cost increases, and other impacts
to their cash flow due to the COVID-19 emergency. These impacts may adversely affect a utility’s
ability to maintain operations and compliance with SDWA and CWA requirements. Finally, the Office
of Water may seek information on whether drinking water and wastewater systems are able to complete
required sampling and laboratory analysis needed to operate their treatment systems and to determine
compliance with National Primary Drinking Water Regulations or NPDES permits. Additionally, the
information described above is necessary to ensure the water sector is prepared should there be a
recurrence of COVID-19 later this year. The sample collection techniques will include telephone
contacts and electronic web-based requests. The EPA would collect information from a representative
sample of CWSs, POTWs and other entities. The sample design will be determined based upon the data
quality objectives including the desired confidence interval.
Preparing these data will require respondents to project the normal operational resource needs in this
COVID-19 emergency situation. The estimated costs include the time for utility plant personnel to
compile the information requested. As shown in the table attached below, the range of CWS respondents
is expected to be greater than the range of POTW respondents because there are approximately 148,000
PWSs in the U.S. compared to approximately 17,000 POTWs. The total public data collection and
reporting burden over six months is estimated to be 21,000 hours. This equates to approximately
$735,000 in total labor costs. No operation and maintenance (O&M) or capital costs are anticipated.
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.
Thank you for your quick attention to this important matter. If you have any questions regarding this
emergency ICR, please contact me at (202) 564-2453 or Macara Lousberg, Office of Water, at (202)
564-5576.
Attachment
cc:

Macara Lousberg, Janita Aguirre, Sandy Evalenko, OW
Jennifer McLain, OGWDW
Andrew Sawyers, OWM
Vaughn Noga, Courtney Kerwin, Eric Schultz, OMS

Estimated Respondent Burden Hours and Cost for Emergency CWA and SDWA ICR
(June 2020 – November 2020)

Publicly Owned
Treatment
Works (POTWs)
Community
Water Systems
(CWS)
Per respondent
Total

Number of
Respondents
Per 6 Months
(A)

Number of
Hours per
Activity

Number of
Activities
Per 6
Months

Total
Number of
Hours per 6
Months

Total Labor
Cost Per 6
Months ($)(B)

200 – 1400
(800 average)

1-6
(3.5 average)

1-3
(2 average)

5,600

$196,000.00

400 – 4,000
(2,200 average)

1-6
(3.5 average)

1-3
(2 average)

15,400

$539,000.00

3.5

2

7.0

$245.00

10,500

6,000

21,000

$735,000.00

3,000

A. EPA anticipates a 40 percent non-response rate. The estimates above are for those systems that choose to
respond.
B. Labor rates $35/hr. Two sources:
o June 2019 National Primary Drinking Water Regulation: Perchlorate Proposed Rule. The EPA
calculated a weighted average fully loaded hourly wage rate for water systems of $34.71
https://www.federalregister.gov/documents/2019/06/26/2019-12773/national-primary-drinkingwater-regulations-perchlorate.
o Draft Proposed National Pollutant Discharge Elimination System (NPDES) 2020 reissuance of
the Multi-Sector General Permit for Industrial Stormwater Discharges ICR (March 2020): The
average rate of private sector labor was $34.49. [Bureau of Labor Statistics (BLS). (2019,
March). EMPLOYER COSTS FOR EMPLOYEE COMPENSATION – MARCH 2019.
Retrieved from https://www.bls.gov/news.release/pdf/ecec.pdf.]