Notice2021-13426
Information Collection Request; Submitted to OMB for Review and Approval; Comment Request; Clean Water Act 404 State-Assumed Programs (Renewal); Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 24, 2021
Issuing agencies
Environmental Protection Agency
Abstract
EPA published a notice in the Federal Register of May 27, 2021, requesting comment on a proposed Information Collection Request renewal (EPA ICR Number 0220.14, OMB Control Number 2040-0168) being submitted to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. That notice contained errors which need to be corrected.
Full Text
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<title>Federal Register, Volume 86 Issue 119 (Thursday, June 24, 2021)</title>
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[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33281-33282]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13426]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2013-0610; FRL-10025-15-OMS]
Information Collection Request; Submitted to OMB for Review and
Approval; Comment Request; Clean Water Act 404 State-Assumed Programs
(Renewal); Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice; correction.
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SUMMARY: EPA published a notice in the Federal Register of May 27,
2021, requesting comment on a proposed Information Collection Request
renewal (EPA ICR Number 0220.14, OMB Control Number 2040-0168) being
submitted to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. That notice
contained errors which need to be corrected.
DATES: Comments must be received on or before July 26, 2021. EPA is
extending the comment period to provide the public with a full 30 days
to review and comment on the docket and this revised notice. Comments
already received in response to the original, May 27, 2021 will be
considered but may also be supplemented with additional submissions if
necessary.
FOR FURTHER INFORMATION CONTACT: Kathy Hurld, Oceans, Wetlands and
Communities Division, Environmental Protection Agency, 1200
Pennsylvania Ave. NW (4504T), Washington, DC 20460; telephone number:
202-564-5700; email address:<a href="/cdn-cgi/l/email-protection#b4808480d399c6c1d8d1d9d5dfdddad3f4d1c4d59ad3dbc2"><span class="__cf_email__" data-cfemail="efdbdfdb88c29d9a838a828e84868188af8a9f8ec1888099">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of May 27, 2021 in notice FR Doc. 2021-
11276, beginning on page 28596, make the following corrections:
1. On page 25896, third column, in the ``For Further Information
Contact:'' section, the contact person listed was incorrect. Please
contact Kathy Hurld using the contact information in the ``For Further
Information Contact:'' section of this document.
2. On page 28596, third column, and continuing on the first column
of page 28597, in the ``Supplementary Information:'' section, correct
the five full paragraphs of the ``Abstract'' section, to read as
follow:
``Abstract: Section 404(g) of the Federal Water Pollution Control
Act (FWPCA/Clean Water Act (CWA)), authorizes states and tribes to
assume the section 404 permit program for discharges of dredged or fill
material into certain waters of the United States. This ICR covers the
collection of information that EPA needs to perform its program
approval and oversight responsibilities and that the state or tribe
needs to implement its program.
Request to assume CWA section 404 permit program. States and tribes
must demonstrate that they meet the statutory and regulatory
requirements at 40 CFR part 233 for an approvable program. Specified
information and documents must be submitted by the state or tribe to
EPA to request assumption and must be sufficient to enable EPA to
conduct an analysis of the state or tribal program. The information
contained in the assumption request submission is provided to the other
involved federal agencies and to the general public for review and
comment.
Permit application information. States and tribes with assumed
programs must be able to issue permits that assure compliance with all
applicable statutory and regulatory requirements, including the CWA
section 404(b)(1) Guidelines. Sufficient information must be provided
in the application so that states or tribes and federal agencies
reviewing the permit are able to evaluate, avoid, minimize, and
compensate for any anticipated impacts resulting from the proposed
project. EPA's assumption regulations at 40 CFR 233.30 establish
required and recommended elements that should be included in the state
or tribe's permit application, so that sufficient information is
available to assess anticipated impacts. These minimum information
requirements generally reflect the information that must be submitted
when applying for a section 404 permit from the U.S. Army Corps of
Engineers. (CWA section 404(h); CWA section 404(j); 40 CFR 230.10,
233.20, 233.21, 233.34, and 233.50; 33 CFR 325)).
Annual report and program information. EPA has an oversight role
for assumed section 404 permit programs to ensure that state or tribal
programs comply with applicable
[[Page 33282]]
requirements. States and tribes must evaluate their programs annually
and submit the results in a report to EPA. EPA's assumption regulations
at 40 CFR 233.52 establish minimum requirements for the annual report.
The information included in the state or tribe's assumption request
and the information included in a permit application is made available
for public review and comment. The information included in the annual
report to EPA is made available to the public. EPA does not make any
assurances of confidentiality for this information.''
3. On page 28597, in the first and second columns, the paragraphs
with the italicized headings: ``Estimated number of respondents:'', ''
Total estimated burden:'', ``Total estimated cost:'', and ``Changes in
estimates:'' are corrected to read as follows:
``Estimated number of respondents: Two states to request program
assumption; 11,278 permit applicants; and five state annual reports.''
``Total estimated burden: 218,880 hours (per year). Burden is
defined at 5 CFR 1320.03(b).''
``Total estimated cost: Costs to states for assumed section 404
permit programs will vary widely by state and permit; however, the
total estimated costs for five programs is $7,183,445 and costs to
permittees in state-assumed programs is $1,900,236. There are $0
capital or operation and maintenance costs.
Changes in estimates: There is an increase of 89,920 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. There are several reasons for this increase: (1) On
December 17, 2020, Florida assumed the program; (2) a small increase in
the estimate of hours required to assume a program based on information
provided by Michigan and New Jersey, the two states that were approved
by EPA to administer a state dredge and fill program at the time of the
60 day notice; (3) EPA's new interpretation regarding its obligation to
conduct consultation under the Endangered Species Act and the National
Historic Properties Act when considering requests from States and
Tribes to assume the program; (4) the burden to state permittees has
been included; and (5) a small increase in the estimated hours for
permit review by Michigan and New Jersey, for compiling the annual
report. EPA has reduced its estimate for the number of permits per
state based on data provided by Michigan and New Jersey.''
Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-13426 Filed 6-23-21; 8:45 am]
BILLING CODE 6560-50-P
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