INFORMATION COLLECTION REQUEST:

APPLICATIONS FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM DISCHARGE PERMITS AND THE SEWAGE SLUDGE MANAGEMENT PERMITS EPA ICR Number: 0226.17 OMB Control Number: 2040 0086 March 2003 TABLE OF CONTENTS Section Page 1. SHORT CHARACTERIZATION................................................................................................................................................. 1 2. NEED FOR AND USE OF THE COLLECTION......................................................................................................................... 3 2( a) Need/ Authority For The Collection............................................................................................................................. 3 2( b) Practical Utility/ Users of the Data ............................................................................................................................... 5 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA....................................................................................................................................... 7 3( a) Nonduplication............................................................................................................................................................... 7 3( b) Public Notice Required Prior to ICR Submission to OMB ......................................................................................... 7 3( c) Consultations .................................................................................................................................................................. 7 3( d) Effects of Less Frequent Collection............................................................................................................................... 9 3( e) General Guidelines......................................................................................................................................................... 9 3( f) Confidentiality ................................................................................................................................................................ 9 3( g) Sensitive Questions ...................................................................................................................................................... 10 4. THE RESPONDENTS AND THE INFORMATION REQUESTED......................................................................................... 11 4( a) Respondents/ Standard Industrial Classification ( SIC) Codes................................................................................. 11 4( b) Information Requested ................................................................................................................................................ 11 4( c) Respondent Activities .................................................................................................................................................. 21 5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY,

AND INFORMATION MANAGEMENT .......................................................................................................................... 22 5( a) Agency Activities ......................................................................................................................................................... 22 5( b) Collection Methodology And Management .............................................................................................................. 22 5( c) Small Entity Flexibility................................................................................................................................................. 22 5( d) Collection Schedule ..................................................................................................................................................... 23 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION..................................................................................... 25 6( a)( i) Estimating Applicant Respondent Burden............................................................................................................. 25 6( a)( ii) Estimating State Respondent Burden ................................................................................................................... 44 6( a)( iii) Total Respondent Burden....................................................................................................................................... 46 6( b)( i) Estimating Applicant Respondent Cost ................................................................................................................. 46 6( b)( ii) Estimating State Respondent Costs ........................................................................................................................ 50 6( b)( iii) Total Respondent Costs .......................................................................................................................................... 52 6( c) Estimating Agency Burden And Cost......................................................................................................................... 52 6( d) Total Burden Hours And Costs, Master Tables......................................................................................................... 55 6( e) Reasons for Change in Burden.................................................................................................................................... 56 6( f) Burden Statement.......................................................................................................................................................... 60 LIST OF EXHIBITS Exhibit 1. Application Forms and Information Requests ............................................................................................................ 12 Exhibit 2. Number of Applicants and Information Respondents ............................................................................................... 25 Exhibit 3. Applicant Recordkeeping Burden ................................................................................................................................ 28 Exhibit 4. Form 2A  Burden per Applicant Respondent by Section .......................................................................................... 29 Exhibit 5. Form 2A Applicant Respondent Burden...................................................................................................................... 30 Exhibit 6. Annual Municipal Applicant Respondents For Section 308 Requests ...................................................................... 31 Exhibit 7. Total Annual Applicant Burden to Municipal Facilities For Section 308 Requests.................................................. 31 Exhibit 8. Form 2D Applicant Burden........................................................................................................................................... 32 Exhibit 9. Annual Non municipal Applicant Respondents for Section 308 Requests............................................................... 33 Exhibit 10. Total Annual Applicant Burden to Non Municipal Facilities for Section 308 Requests ........................................ 34 Exhibit 11. Form 2E Applicant Respondent Burden .................................................................................................................... 34 Exhibit 12. Form 2F Applicant Respondent Burden..................................................................................................................... 35 Exhibit 16. Burden for SWPPP ....................................................................................................................................................... 39 Exhibit 17. Applicant Respondent Burden for Applications for ................................................................................................................................... Municipal Separate Storm Sewer Systems 40 Exhibit 18. Annual Applicant Respondent Burden...................................................................................................................... 43 Exhibit 19. Annual State Respondent Burden............................................................................................................................... 45 Exhibit 20a. Estimate of Form 2A Facilities That Currently Do Not Test................................................................................... 47 Exhibit 20b. Estimate of Form 2S Facilities That Currently Do Not Test ................................................................................... 47 Exhibit 21. Testing/ Contractor Costs ( O& M Costs) ..................................................................................................................... 48 Exhibit 22. Applicant Respondent Costs ....................................................................................................................................... 49 Exhibit 23. Annual State Respondent Costs.................................................................................................................................. 51 Exhibit 24. Annual Agency Burden............................................................................................................................................... 53 Exhibit 25. Annual Agency Costs .................................................................................................................................................. 54 Exhibit 26. Total Annual Burden for Respondents and Agency ................................................................................................. 56 Exhibit 27. Change in Applicant Respondent Burden ................................................................................................................. 56 Exhibit 28. Change in State Respondent Burden.......................................................................................................................... 58 Exhibit 29. Explanations for Substantial Changes in Applicant Respondent Burden............................................................... 59 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) TITLE OF THE INFORMATION COLLECTION Title: Applications for the National Pollutant Discharge Elimination System Discharge Permit and the Sewage Sludge Management Permit EPA ICR Number: 0226.17 OMB Control Number: 2040 0086 1( b) SHORT CHARACTERIZATION/ ABSTRACT This Information Collection Request ( ICR) calculates the burden and costs associated with permit applications for National Pollutant Discharge Elimination System ( NPDES) discharges and sewage sludge management activities. It is an update of the 2000 Information Collection Request for Applications for the National Pollutant Discharge Elimination System Discharge Permit and the Sewage Sludge Management Permit ( OMB Control No. 2040 0086, ICR No. 0226.15,

supporting statement dated August 1999). The 2000 ICR integrated and updated application requirements discussed in the amendment ICR approved by OMB entitled National Pollutant Elimination System Permit Application Requirements

Form 2A and 2S ( Final Rule) ( OMB Control No. 2040 0086, ICR No. 0226.14, approved April 11, 2000).

The Clean Water Act ( CWA) authorizes the Environmental Protection Agency ( EPA) to issue permits for the discharge of pollutants to waters of the United States. The Act also authorizes EPA to issue permits for the use and disposal of sewage sludge. EPA regulates discharges of pollutants to waters of the United States under its NPDES program. Such discharges include domestic wastewater, industrial wastewater, and storm water. The Agency regulates sewage sludge use and disposal activities under its Sludge Management program. EPA issues permits as a regulatory control mechanism for both types of activities.

CWA Section 402( b) allows States ( defined to include Indian Tribes and U. S. territories) to acquire authority for the NPDES and Sludge Management programs. This authority enables them to issue and administer NPDES permits. As of November 2002, 45 States and the Virgin Islands have NPDES permit program authority, and 5 States ( Oklahoma, Utah,

Texas, South Dakota, and Wisconsin) have an approved sewage sludge management program. No Indian Tribes have NPDES Authority as yet. In States that do not have authority for these programs, EPA issues and administers NPDES 2 permits. Because some permit applications are processed by States and some by EPA, this ICR calculates government burden and costs for States and EPA.

For most NPDES permits, EPA has developed standard application forms. In some cases, such as requests for additional information and storm water applications from municipal separate sewer systems, standard forms do not exist either because EPA is currently developing them or because standard forms are not appropriate for the information collected. For those application forms that have been developed, each form requests information necessary for issuing permits to the respective applicants. Applicants include publicly owned treatment works ( POTWs), privately owned treatment works, new and existing industrial manufacturing and commercial dischargers, storm water dischargers,

treatment works treating domestic sewage ( TWTDS), and others. Depending on the application form they are using,

applicants may be required to supply information about their facilities, discharges, treatment systems, sewage sludge use and disposal practices, pollutant sampling data, or other relevant information.

In addition, Section 308 of the CWA requires EPA to request from dischargers any information that may be reasonably required to carry out the objectives and provisions of the Act. Under this authority, EPA sometimes requests information supplemental to that contained in permit applications. In its burden and cost calculations, this ICR includes requests for information supplemental to permit applications.

In addition to Section 308, other parts of the CWA and federal regulations authorize EPA to collect information that supplements permit applications. For instance, CWA Section 403( c) requires that facilities discharging into the oceans provide more information than other NPDES permit applicants. This ICR calculates the burden and costs for all information collection activities associated with permit applications specific to individual permits and Notices of Intent ( NOIs) for general permits.

EPA uses the data contained in applications and supplemental information requests to set appropriate permit conditions, issue permits, and assess permit compliance. EPA maintains national applications information in databases,

which assist permit writers in determining permit conditions.

The calculations performed for this ICR cover the burden and costs for the Agency ( EPA), NPDES authorized States, and owner/ operators of regulated facilities. This ICR estimates a burden of 1,306,704 hours annually for 291,898 respondents at a cost of $ 50,664,584.14. Burden for the state respondents is 92,033 hours annually at a cost of $ 2,881,439.58. Agency 3 burden is 10,205 hours annually at a cost of $ 330,646.84. 4 2. NEED FOR AND USE OF THE COLLECTION 2( a) NEED/ AUTHORITY FOR THE COLLECTION The purpose of the CWA is " to restore and maintain the chemical, physical and biological integrity of the nation's waters" ( Section 101( a)). CWA Section 402( a) establishes the NPDES program to regulate the discharge of any pollutant from point sources1 into waters of the United States. Point source dischargers include POTWs, privately owned treatment works, industrial manufacturing facilities, concentrated animal feeding operations, aquatic animal production facilities,

mining operations, and other types of facilities or industries. Section 402( a) of the CWA, as amended, authorizes the EPA Administrator to issue permits for the discharge of pollutants if those discharges meet the following requirements:

C all applicable requirements of CWA sections 301, 302, 306, 307, 308, and 403; and C any conditions the Administrator determines are necessary to carry out the provisions and objectives of the CWA.

The CWA also establishes an administrative framework for this permitting program. Section 402( b) authorizes " States" ( which includes U. S. territories and Indian Tribes that have been approved in the same manner as a State) to administer the NPDES program once the Agency has approved the States' programs and is assured that they meet minimum federal requirements. As of November 2002, 45 States and one territory ( U. S. Virgin Islands) ( referred to as " approved States") had received approval from EPA to administer the NPDES program. Approved States are considered permitting authorities and are responsible for issuing, administering, and enforcing permits for all point source discharges within their borders. In States without NPDES program approval, EPA is the permitting authority and undertakes all permitting activities.

1 EPA defines a point source as " any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,

concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff" ( 40 CFR § 122.2). 5 Section 405 of the Act requires EPA to regulate the use and disposal of sewage sludge produced by POTWs and other TWTDS. In 1987, Congress passed the Water Quality Act ( WQA), which amended the CWA sludge requirements.

The WQA directed EPA to develop technical standards for sewage sludge use and disposal. Section 405( a) authorizes the Administrator to issue permits for the use and disposal of sewage sludge. Regulations governing permit requirements for NPDES discharges and sewage sludge management activities are contained in 40 CFR Parts 122 and 501 and 503,

respectively. EPA has developed its NPDES discharge and sewage sludge application requirements to ensure that it obtains adequate information about permittees before it issues permits. As of November 2002 five States ( Oklahoma,

Utah, Texas, South Dakota, and Wisconsin) have an approved sewage sludge management program.

CWA Section 402( p) empowers the Administrator to issues permits for storm water discharges. Under the NPDES program for wastewater discharges, most POTW and industrial direct sources are issued individual NPDES permits,

following the opportunity for public comment. In the NPDES program for storm water and in a growing number of situations including a class or category of similar situated applicants   coverage of wastewater/ storm water dischargers may be sought under a NPDES general permit. These applicants usually complete a Notice of Intent ( NOI) and submit their information as directed under the provisions of the general permit.

Section 308 of the Clean Water Act authorizes the Administrator to require the owner or operator of any point source to maintain records, submit reports, conduct monitoring and/ or sampling, and provide any other information reasonably necessary to carry out the objectives of the Act. Under this authority, the Agency occasionally requests information that supplements information it obtains from permit applications; this is called a Section 308 Request, or a request for supplemental information.

The information collection and reporting activities covered in this ICR can be divided into two categories:

C Information routinely submitted when facilities apply for new or reissued permits or submit an NOI.

Applicants typically provide this information on application forms consistent with EPA regulations. For some activities, however, such as the application for a Municipal Separate Storm Sewer System ( MS4) permit, EPA does not have standard forms.

C Information that supplements applications/ NOIs. In some cases, applicants must submit additional information or develop materials, e. g., a storm water pollution prevention plan ( SWPPP) for an NOI for 6 discharges associated with industrial activity ( NOI Storm water).

EPA and permitting authorities need the information routinely collected in the NPDES and sludge application process for the following reasons:

C to identify the facilities that require permits ( i. e., those that are operating and discharging into the waters of the United States or using and disposing of sewage sludge);

C to identify new pollutants in existing discharges;

C to issue NPDES and sewage sludge permits with appropriate limitations and conditions that will protect human health and the environment;

C to update information in EPA's databases which permitting authorities use to determine permit conditions;

C to calculate national permit issuance, backlog, and compliance statistics;

C to evaluate national water quality;

C to assist EPA in program management and other activities that ensure national consistency in permitting;

C to assist EPA in prioritizing permit issuance activities;

C to assist EPA in policy development and budgeting; and C to assist EPA in responding to Congressional and public inquiries.

EPA and permitting authorities need supplemental information for the following reasons:

C to issue or modify permits;

C to assess compliance with permit requirements;

C to develop effluent limitations or prohibitions;

C to develop pretreatment standards or standards of performance;

C to determine violations;

C to issue NPDES permits with appropriate permit conditions in special circumstances ( such as discharges into the oceans); and Cto identify measures to control the discharge of pollutants or combinations of pollutants to waters of the United States under the storm water program ( such as for the Multi Sector General Permit ( MSGP)).

The collection of information by permittees may also be useful for the permittees/ applicants, e. g., to identify 7 potential pollutant discharges and commence implementation of the SWPPP control measures.

2( b) PRACTICAL UTILITY/ USERS OF THE DATA This ICR includes both information that must be submitted to permitting authorities and that which must be collected and maintained on site by the permittee. Although different applicants submit widely differing information,

information can be categorized into two sets: identification information and information related to the facility's discharges or practices. Permitting authorities use specific information in the ways discussed below.

Identification Information Permitting authorities use information such as the name, location, and description of facilities to identify facilities that apply for NPDES permits or are requesting coverage under a general permit. EPA and authorized NPDES States store basic permit information in EPA's Permit Compliance System ( PCS) database. PCS is used to track permit limits, permit expiration dates, monitoring data, and other data, and provides EPA with a nationwide inventory of permit holders. EPA and most states store basic NOI information submitted for coverage under an NPDES general permit in databases, that provide an inventory of storm water permit holders.

EPA Headquarters uses the information contained in PCS and the NOI databases to develop reports on permit issuance, backlog, and compliance rates. The Agency also uses the information to respond to public and Congressional inquiries, develop and guide its policies, formulate its budgets, assist States in acquiring authority for permitting programs, and manage the NPDES program and sewage sludge use and disposal program to ensure national consistency in permitting.

Information Related to Discharges, Uses and Practices In the applications and requests for supplemental information, permitting authorities gather information about treatment systems, pollutant characteristics, discharge rates and volumes, sewage sludge use and disposal practices,

sewage sludge quality, and other data such as pollution prevention practices. The information is used to formulate effluent limitations, compliance schedules, and other routine and special conditions in permits. Discharge data are also entered into EPA's Storage and Retrieval ( STORET) database for ambient water quality data. EPA may use these data to 8 re evaluate testing requirements, or to develop or revise effluent standards on a national basis. EPA may also use NOI and SWPPP data as part of a compliance evaluation to ensure that the permittee adheres to conditions as stated in these documents. NPDES permits may not exceed a duration of five years. The re application process is the primary mechanism for obtaining up to date information on discharges and sewage sludge quality, particularly new pollutant information.

Although existing permittees provide pollutant data from self monitoring activities in routine reports, these reports are usually limited to pollutants listed in existing permits. Permitting authorities use re application data to identify new pollutants or other information that could lead the permit writers to take the following actions:

C specify additional permit limitations;

C assess compliance with applicable effluent and sludge guidelines; and C place appropriate special conditions in permits.

Permittees use discharge or sewage sludge quality data to perform routine operations at their facilities. Regardless of federal regulatory requirements, many permittees collect discharge and sewage sludge data as part of their normal operations. In addition, they may need to collect this information to comply with State specific program requirements or to administer pretreatment programs. 2 2 POTWs especially larger POTWs often accept wastewater from industries. To meet their NPDES pollutant discharge limitations and satisfy the sludge conditions in their permits, some of these POTWs administer pretreatment programs, in which they regulate industrial wastewater entering their facilities. POTWs impose pollutant discharge limitations on industries as part of their pretreatment programs. Information requirements associated with the Pretreatment program are included in a separate ICR ( OMB Control No. 2040

0009, ICR No. 0002.08). 9 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) NONDUPLICATION EPA has examined all other reporting requirements contained in the Clean Water Act and 40 CFR Parts 122, 123,

124, 125, 403, 501, and 503. The Agency also has consulted the following sources of information to determine if similar or duplicate information is available elsewhere:

$ the EPA Information Systems Inventory;

$ the EPA Inventory of Information Collection Requests; and $ the Federal Information Locator System.

Examination of these databases revealed no duplicate requirements. EPA has concluded that it has no other way to obtain the information addressed in this ICR.

Except for Form 1, all of the reporting requirements in the permit application forms involve original data that facilities are not required, through other regulations, to submit to EPA or other federal agencies. Much of Form 1 pertains to basic information regarding the facility for identification purposes. In cases where similar or equivalent information has already been collected or prepared by the applicant, the Agency provided that such information can be re submitted, i. e.,

applicants may photocopy and submit existing information in lieu of new, equivalent information. For example:

C Form 2A requires that certain POTWs list the results of the whole effluent toxicity tests in Section D. However,

respondents may submit laboratory test results report in lieu of completing Section D, as long as the reports contain certain information.

C The individual industrial storm water application form ( Form 2F) requests information on significant spills.

EPA has already collected this information from some dischargers under a previous request for supplemental information authorized by OMB ( Control No. 2040 0110). EPA will use the existing information when it is available; in other words, the Agency will only require this information from those applicants who have not 10 submitted this information before, unless more detailed information is necessary. Therefore, there is no duplication associated with spill information collection.

3( b) PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB In compliance with the 1995 Paperwork Reduction Act ( PRA), any agency developing a non rule related ICR must solicit public comments prior to submitting the ICR to OMB. These comments, which are used partly to determine realistic burden estimates for respondents, must be considered when completing the Supporting Statement that is submitted to OMB. This ICR was published in the Federal Register on January 10, 2003. The notice included a request for comments on the content and impact of the information collection on the respondent universe. No comments were received.

3( c) CONSULTATIONS EPA finalized all regulations containing the application requirements addressed in this ICR after receiving comments from the public and the regulated community. EPA Headquarters staff responsible for program oversight in the applicable program areas were contacted to provide revised information and data for this ICR.

3( d) EFFECTS OF LESS FREQUENT COLLECTION Permitted facilities must reapply for NPDES and sewage sludge management permits before their existing permits expire, generally once every five years. The CWA prohibits NPDES permits from having terms longer than five years.

Less frequent permit applications would not provide the permitting authority with sufficiently current data to establish effective limitations or conditions when reissuing permits. Less frequent permit issuance would also hinder the ability of EPA and the regulated community to take advantage of technological improvements as they occur. Permits must contain conditions that reflect, for example, the following criteria:

C new industrial processes and waste treatment technologies;

C new kinds of discharges ( such as toxic chemicals);

C new detection methods; and 11 C changes in the quality of receiving waters.

3( e) GENERAL GUIDELINES This information collection complies with Paperwork Reduction Act guidelines ( 5 CFR § 1320.5( d)( 2)). Requests for supplemental information for the purposes of emergency response or enforcement activities are exempt from the Paperwork Reduction Act requirements.

3( f) CONFIDENTIALITY Permit applications may contain confidential business information. If this is the case, the respondent may request that such information be treated as confidential. All confidential data will be handled in accordance with 40 CFR Section 122.7, 40 CFR Part 2. However, CWA Section 308( b) specifically states that effluent data may not be treated as confidential.

3( g) SENSITIVE QUESTIONS Reporting requirements addressed in this ICR do not include sensitive questions. 12 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) RESPONDENTS/ STANDARD INDUSTRIAL CLASSIFICATION ( SIC) CODES NPDES permits are required for discharges of wastewater or storm water to waters of the United States, regardless of a discharger's industrial sector. A relatively large portion of permitted facilities, including municipal dischargers, are classified in the sanitary service ( SIC 495) industrial sector. Other permittees include, but are not limited to, those industries classified in the electric services ( SIC 491), bituminous coal ( SIC 121), industrial organic ( SIC 286), petroleum refining ( SIC 291), and gold ores ( SIC 104) industrial sectors. Facilities subject to Form 2S reporting requirements, i. e.,

POTW and privately owned treatment works, fall under the sanitary service ( SIC 495) category.

4( b) INFORMATION REQUESTED Federal regulations at § 122.21 detail application requirements for NPDES permits. EPA has developed standard application forms for most applicants, references to which are specified in § 122.21( a)( 2). This ICR addresses specific application requirements detailed in the following sections:

$ § 122.21( b)  Who applies?

$ § 122.21( c)  Time to apply $ § 122.21( d)  Duty to reapply $ § 122.21( e)  Completeness $ § 122.21( f)  Information requirements $ § 122.21( g)  Application requirements for existing manufacturing, commercial, mining, and silvicultural dischargers $ § 122.21( h)  Application requirements for manufacturing, commercial, mining, and silvicultural facilities which discharge only non process wastewater $ § 122.21( i)  Application requirements for new and existing concentrated animal feeding operations and aquatic animal production facilities $ § 122.21( j)  Application requirements for new and existing POTWs $ § 122.21( k)  Application requirements for new sources and new discharges $ § 122.21( l)  Special provisions for applications from new sources 13 $ § 122.21( p)  Recordkeeping $ § 122.21( q)  Sewage sludge management Standardized application forms covered under this ICR include: Forms 1, 2A, 2B, 2C, 2D, 2E, 2F, and 2S; Notice of Intent ( NOI) for NPDES General Permits; Uniform Federal Transportation/ Utility System Application Form; and the storm water Notice of Termination ( NOT). This ICR does not address permit application requirements for either storm water discharges associated with large construction activity or storm water discharges covered by the Phase II Storm Water Regulations. Those activities are addressed in separate ICRs, OMB Control Nos. 2040 0188 and 2040 0211, respectively.

This ICR does include application requirements for medium and large municipal separate storm sewer systems ( MS4s),

requirements for industrial storm water dischargers, and Notice of Termination ( NOT) requirements for large construction activities. This section summarizes the information requested by the forms included under this ICR ( OMB Control No.

2040 0086).

For some permits, EPA has not developed standard application forms. Whether or not standard forms exist, this ICR calculates the burden to respondents for supplying the information. No forms exist for the following information collection activities:

C requests for additional information ( Section 308 Requests);

C applications for MS4 permits from either large or medium municipalities; 3 C petitions for individual storm water permits;

C permit consolidation requests;

C notification of construction prior to wastewater permit issuance; and C requests for ocean discharge information.

Permit requirements for particular facilities vary according to the following factors:

C the type of facility;

C the manufacturing process it uses;

3 Large municipal separate storm sewer systems serve 250,000 people or more. Medium storm sewer systems serve 100,000 to 250,000 people. 14 C the waste treatment it provides;

C the pollutants it discharges;

C the pollutants contained in its sludge; and C the quality of the waters receiving the discharge.

Applications request information that permit writers need to issue permits to particular types of permittees. A facility that employs complex industrial processes and discharges several toxic pollutants, for example, must provide more information to the permitting authority than a facility that discharges non contact cooling waters or storm water.

Similarly, a facility that discharges into waters considered impaired may have to submit more information than a facility discharging into waters that do not have water quality problems.

Because discharges vary in complexity and character, and because discharges and activities from particular industry groups or treatment works are often similar, EPA has developed several different NPDES application forms.

Exhibit 1 lists the application forms and other application requirements, the length of each application form ( where applicable), the respondents to the request, and the ICR in which the burden for the request is currently estimated.

Exhibit 1. Application Forms and Information Requests FORM/ REQUEST RESPONDENT TYPE Form 1 Non municipal NPDES applicants, general permit applicants, and applicants in Alaska Form 2A All POTWs.

Additional NPDES Application Requirements for Municipal Dischargers ( Section 308 Request) Municipal facilities ( i. e., POTWs)

Form 2B Concentrated animal feeding operations and aquatic animal production facilities Form 2C Existing manufacturing, commercial, mining, and silvicultural operations that discharge process wastewater Form 2D New manufacturing and commercial facilities that discharge process wastewater 15 Exhibit 1. Application Forms and Information Requests FORM/ REQUEST RESPONDENT TYPE Additional NPDES Application Requirements for Non municipal Dischargers ( Section 308 Requests) Non municipal facilities Form 2E New or existing Non municipal facilities that discharge nonprocess wastewater Form 2F Industrial storm water dischargers applying for an individual permit Form 2S POTWs and other TWTDS Notice of Intent  Industrial Activity ( NOI Storm water) Industrial storm water dischargers applying for a Multi Sector General Permit ( MSGP)

Uniform Federal Transportation/ Utility Systems Application Form ( Alaskan Lands Applications) Builders and operators of transportation and utility projects on Alaskan public lands ( substitutes for Forms 1, 2B, and 2C)

Application for Large and Medium Municipal Separate Storm Sewer Systems ( MS4s) MS4s Petitions for Individual Permit MS4 operators or any person Notice of Intent ( NOI) Municipal, Non municipal, and sewage sludge management facilities applying for general permit coverage Permit Consolidation Request Facilities with multiple permits Notification of Construction Facilities classified as new sources Ocean Discharge Information Ocean dischargers Notice of Termination General permittees ( storm water). 16 Form 1 EPA originally developed Form 1 to be used by any facility applying for any EPA permit. On Form 1, applicants provide basic information necessary to all EPA permit programs, including name, address, type of facility, SIC code, and number of outfalls. Applicants must also submit topographic maps and lists of all EPA and State permits presently held.

Most facilities applying for a NPDES permit must submit Form 1 along with a second form ( Form 2B, 2C, 2D, 2E, or 2F)

requesting information specific to the type of applicant. Facilities with more than one type of discharge submit Form 1 and several of the other forms.

As EPA developed specific forms, submission of Form 1 was no longer mandatory since the specific forms requested essentially the same data. Facilities that submit NOIs for coverage under general permits are exempt from completing Form 1. They provide similar, but less detailed information in the NOIs they prepare to request general permit coverage. Alaskan applicants who submit the Uniform Federal Transportation/ Utility System Application, discussed below, do not complete Form 1. Large and medium municipal separate storm sewer systems also do not submit this form.

Form 2A Previously, POTWs were subject to Form 1, Standard Form A or Short Form A, and/ or biological testing reporting requirement4. Form 2A consolidates the application requirements for POTWs into a 3 part application: Introductory Application Overview, Basic Application Information and Supplemental Application Information. The introductory section directs the applicant to complete the basic section as well as applicable portions of the supplemental section based on the applicants responses to specific questions. As suggested by the title, the Basic Application Information section collects elementary data for drafting a POTW NPDES permit, e. g., facility name, location, service area data, receiving stream, WWTP design criteria, etc. The supplemental section consists of four parts. Applicants are instructed to complete the section if they meeting the following:

C Expanded Effluent Testing Data:  1 MGD treatment design capacity, has or is required to have a pretreatment program, or is instructed by the permitting authority that they must.

4 As required under 40 CFR § 122.21( j), all POTWs meeting any of the following criteria must provide the results of valid whole effluent biological toxicity testing to the Director: those with design influent flows equal or greater than one million gallons per day, those with an approved pretreatment program,

those required to develop a pretreatment program, or those designated by the Director. 17 C Toxicity Testing Data:  1 MGD treatment design capacity, has or is required to have a pretreatment program, or is instructed by the permitting authority that they must.

C Industrial User ( IU) Discharges and RCRA/ CERCLA wastes: accept IU process wastewater or receive RCRA or CERCLA wastes.

C Combined Sewer Systems: have a combined sewer system.

Additional NPDES Application Requirements for Municipal Dischargers ( Section 308 Requests)

As explained above, municipal facilities ( i. e., POTWs) must complete Form 2A to apply for NPDES permits. Often,

permit writers require additional information from municipal facilities in order to establish permit conditions. Section 308 grants permit authorities the power to require the owner or operator of any point source to provide supplemental information reasonably necessary to carry out the objectives of the Act. Section 308 Requests vary in complexity and burden depending on such factors as facility size or effluent characteristics. Because Section 308 Requests can vary substantially, EPA has not created standard forms for the requests.

Form 2B Concentrated animal feeding operations ( CAFOs) and aquatic animal production facilities complete Form 2B. EPA revised Form 2B as part of the CAFO rulemaking ( published in February 2003). Burden associated with CAFO applications are included in the CAFO rule related ICR and are no longer included in this ICR. Aquatic animal production facilities are still included in this ICR and are required to provide data on the flow rates, the number of ponds, raceways,

and similar structures, the species held at the facility, and the total pounds of production.

Form 2C Existing manufacturing, commercial, mining, and silvicultural operations that discharge process wastewater complete Form 2C. Usually, privately owned treatment works also use Form 2C to apply for individual NPDES permits.

The thirteen page form requests information about a discharger's outfall locations, flow rates, and treatment. Respondents must also perform the following tasks: 18 C prepare a water flow process line drawing;

C identify levels of production, wastewater treatment plant construction or improvements, and effluent characteristics; and C sample and analyze wastewater for pollutant characteristics.

Form 2C requires comprehensive monitoring data, i. e., all applicants must test for and report quantitative data for seven listed conventional and nonconventional pollutants. In addition, all applicants must provide information on the presence of toxic pollutants in accordance with a scheme set forth in the regulations. In establishing testing requirements for toxic pollutants, EPA balances the likelihood of the presence of the pollutants against the costs and burdens for applicants to analyze the effluent. In some industries there is no reasonable expectation that certain pollutants are present.

Therefore, mandatory testing for any toxic pollutants applies only where EPA data have indicated a likelihood that the pollutant will be present in the discharge.

Testing requirements for toxic pollutants fall into two groups. First, all process discharges in primary industrial categories must be tested for the presence of metals, cyanide, and total phenols. However, testing is not required for all organic toxic pollutants in all primary industrial categories. The specific organic pollutants for which an industry must test are listed by industry type in the regulations [ 40 CFR § 122.21( g)( 7)]. Second, in addition to the mandatory testing explained above, all industrial dischargers must report quantitative data for any toxic pollutant, conventional pollutant,

listed nonconventional pollutant, or radioactivity that they know or have reason to believe is present in the discharge.

Form 2D New facilities applying for NPDES permits to discharge process wastewater complete Form 2D. The five page form requests information that helps permitting authorities determine if a facility is a new source of process wastewater. 5 5 EPA classifies new facilities into two groups: new sources and new dischargers. Generally, a facility is considered a new source, as opposed to a new discharger, if EPA has developed a New Source Performance Standard ( NSPS) applicable to the new facility. If not classified as a new source, an applicant is classified as a new discharger. The distinction is important because new sources must prepare Environmental Impact Statements under the National Environmental Policy Act in States where EPA is the permitting authority. 19 Respondents must report the locations of all outfalls and the names of the receiving waters, describe all operations contributing to the wastewater and the treatment applied to it, and estimate the concentration and mass of pollutants to be discharged from each outfall. The form also stipulates that applicants must submit sampling data no later than two years after they begin discharging. Permittees must submit these data to appraise permit authorities of discrepancies between the estimated data and the actual discharge. Permitting authorities need this information to evaluate permit conditions and revise them if necessary.

Additional NPDES Application Requirements for Non municipal Dischargers ( Section 308 Requests)

Permit authorities occasionally request supplemental application information under the authority of CWA Section 308. Supplemental information may also be requested under 40 CFR § 122.21( g)( 13), which enables the Director to request " other information as the Director may reasonably require to assess the discharges of the facility and to determine whether to issue a NPDES permit." CWA Section 308 requires EPA and approved State NPDES programs to request that the owner or operator of any point source maintain records, make reports, conduct monitoring and/ or sampling, and provide any other information reasonably necessary to carry out the objectives of the Act.

Section 308 Requests vary in complexity and burden, and permit authorities may issue Requests for a variety of reasons. Authorities may request simple narrative descriptions or existing discharge information, for example. More burdensome requests include comprehensive sampling and analyses, biomonitoring, fish tissue analyses, wastewater data and related ambient water quality data, sewage sludge characterization, or facility production or process information. In general, requested information relates to discharges or control of particular pollutants. EPA may issue Section 308 Requests to formulate permit limitations, especially limitations necessary to protect the environment from toxic pollutants or the effects of toxicity. In addition, EPA may request information necessary to assess national pollutant limitations standards, assess compliance with permit conditions, evaluate permit modifications, revise or add permit standards,

impose prohibitions or other special requirements, revoke a permit, issue a permit, or renew a permit. Because Section 308 Requests vary substantially, EPA has not created standard forms for the requests.

Form 2E Facilities discharging only non process wastewater that is not regulated by effluent limitations guidelines or new 20 source performance standards submit this two page form. The primary respondents include dischargers of nonprocess wastewater, primarily sanitary waste and non contact cooling water. On Form 2E, applicants provide outfall locations,

identify receiving waters, specify effluent characteristics, and describe treatment systems. Form 2E also requires minimal sampling for conventional pollutants such as BOD.

Form 2F Dischargers of storm water associated with industrial activity wishing to obtain an individual permit, as opposed to a general permit, submit Form 2F. This five page form requests information about outfall locations, scheduled improvements, flow rates, the history of leaks and spills at the facility, treatment applied to discharges, the drainage and surface area associated with discharges, and contractors used by the facility. It solicits narrative descriptions of pollutant sources, including the materials present at the site. It requires applicants to sample discharges for conventional pollutants and other pollutants regulated in NPDES permits held by the facility. The form also requests biological toxicity testing data. Form 2S Form 2S replaces the Interim Sewage Sludge Permit Application Form and is the mechanism by which POTWs and other treatment works treating domestic sewage ( TWTDS) will apply for permits containing standards for use and disposal of sewage sludge. Form 2S consists of 2 main sections, " Limited Background Information" and " Permit Application Information", and a preliminary information section which directs the applicant to complete either of the 2 main sections. Facilities that are not requesting site specific permit limitations, do not have a currently effective NPDES permit, and/ or have not been directed by the permitting authority to apply for a permit, complete the first part, i. e.,

" Limited Background Information". All other applicants complete Part 2, i. e., the " Permit Application Information".

Notice of Intent for Storm Water Discharge Associated with Industrial Activity ( NOI Storm water)

Based on fundamental information requested in the NOI for Storm Water Discharges Associated with Industrial Activity under the NPDES Multi Sector General Permit ( MSGP), it is not necessary for the applicant to complete Form 1.

In addition to basic information, this form requests applicant data on storm water runoff, storm water management and Best Management Practices ( BMPs), monitoring, spills, construction, etc. 21 All new facilities submitting an NOI Storm water must develop a SWPPP as part of the MSGP requirements. The two stated objectives of these plans are: ( 1) to identify sources of pollution potentially affecting the quality of storm water discharges associated with industrial activity from the facility; and ( 2) to describe and ensure implementation of practices to minimize and control pollutants in storm water discharges associated with industrial activity from the facility and to ensure compliance with the terms and conditions of the permit. While this is not a new requirement, it is being evaluated for the first time as part of the ICR process.

The development of a SWPPP is unique to each facility, even to the extent that the MSGP has sector specific SWPPP requirements for all 30 sectors. Common requirements of all SWPPPs include:

( 1) Identifying the pollution prevention team members responsible for developing and implementing the SWPPP.

( 2) Describing potential pollution sources ( i. e., activities, materials, and physical features) of the facility that may contribute significant amounts of pollutants to storm water. This should include a drainage map, an inventory of exposed materials, a list of any significant spills and leaks, a certification that discharges from the site have been tested or evaluated for the presence of non storm water discharges, any existing sampling data, and a summary of potential pollutant sources.

( 3) Considering and implementing measures and controls to prevent or reduce the discharge of pollutants in storm water runoff. These measures and controls include good housekeeping, preventative maintenance, inspections,

employee training, recordkeeping and internal reporting procedures, sediment and erosion control, and management of runoff.

( 4) Describing the scope and content of the comprehensive site evaluations that will be conducted to evaluate the adequacy and effectiveness of the SWPPP, including with respect to compliance with terms and conditions of the MSGP.

The MSGP regulations include additional special requirements for facilities that ( 1) discharge storm water through large and medium municipal separate storm sewer systems, ( 2) are subject to Emergency Planning Commission and Rightto Know Act ( EPCRA) Section 313 requirements, and ( 3) discharge from salt storage facilities. However, information 22 required to address these three areas has negligible impact on SWPPP development burden and costs. Rather, these requirements primarily impact SWPPP implementation. As such, the cost and burden to develop a SWPPP as presented in this ICR is independent of whether or not the facility meets any of the three special criteria identified above. The greatest impact on SWPPP development burden and cost will be the amount of industrial activities associated with storm water discharges that is actually performed at each facility, based primarily on facility size and complexity and the extent to which pollution prevention measures are already employed at the facility.

Uniform Federal Transportation/ Utility System Application Form ( Alaskan Lands Application)

Persons constructing or operating transportation and utility projects on Alaskan public lands submit Uniform Federal Transportation/ Utility System Applications instead of application Forms 1, 2B, and 2C. EPA uses the information on this form to determine whether a permit should be issued to these dischargers. The form is also used by the Forest Service, Air Force, Bureau of Land Management, Federal Aviation Agency, Coast Guard, NASA, and by EPA in its Resource Conservation and Recovery Act and Underground Injection Control programs.

Respondents must do the following:

C gather information demonstrating the need for, and economic feasibility of, the transportation or utility system;

C gather information indicating alternative routes and modes of access;

C gather information on social and environmental impacts;

C prepare a map covering the project area; and C complete and transmit the application.

Application for Large and Medium Municipal Separate Storm Sewer Systems ( MS4s)

Municipal separate storm sewer systems typically consist of many outfalls. Permitting authorities issue one permit covering all discharges from a system. To apply for a system wide permit, MS4 operators submit a two part application. 23 Part 1 consists of the following:

C general information about the applicant;

C a statement of the applicant's legal authority to control storm water discharges and a plan to augment legal authority if necessary;

C identification of the industrial facilities that discharge into the system;

C information about the historic use of ordinances or other controls to prevent non storm water discharges from entering the system;

C information characterizing discharges from the system, including existing quantitative data and results of field screening analyses to detect illicit discharges and illegal dumping to the municipal system;

C a plan to characterize MS4 discharges by estimating discharge pollutant levels, and a plan to obtain limited representative sampling data; and C a description of existing structural and non structural controls to reduce the discharge of pollutants from the MS4.

Once permit authorities have received and assessed Part 1 of the application, the applicant is required to complete Part 2. Part 2 includes the following requirements:

C a demonstration that the applicant's legal authority satisfies the regulatory criteria;

C source identification information augmenting Part 1 and ensuring that all major outfalls are identified;

C additional quantitative data;

C a management program to control the discharge of pollutants to the maximum extent practicable; 24 C an assessment of the performance of proposed controls; and C a financial estimate of the cost of implementing the proposed management programs. The estimate must identify sources of revenue.

Petitions for Individual Permit EPA may receive a petition requesting that a facility covered under an NPDES storm water general permit obtain an individual permit. Depending on the circumstances, these petitions may come from MS4 operators or any other person.

Federal regulations ( 55 FR 48072) allow MS4 operators to petition EPA to require industrial facilities discharging through the MS4 to obtain individual NPDES permits. Ordinarily, dischargers of storm water associated with industrial activity who discharge through MS4s are eligible for coverage under general permits provided they meet the eligibility provisions of the permit. In addition, any person may petition EPA to require an individual permit for a storm water discharge that contributes to a water quality standard violation or is a significant contributor of pollutants to waters of the United States.

The previous ICR included a discussion of petitions submitted by MS4s to reduce the population served by the separate storm sewer. As this was a one time request and is not available to newly designated MS4s, this element is not included in this ICR.

Notice of Intent ( NOI) to be Covered Under a Non Storm Water General Permit Permitting authorities issue general permits to cover multiple permittees requiring similar permit conditions within a designated geographic area for other types of discharges as well as storm water associated with industrial or construction activity. General permits may cover certain NPDES discharges and sewage sludge management facilities.

Rather than submitting an individual application, an applicant seeking coverage under a general permit must submit a NOI. Federal regulations require, at a minimum, that applicants provide the following information in their NOI: the legal name and address of the owner or operator, the facility name and address, the type of facility or discharges, and the receiving stream( s). When they issue general permits, permitting authorities may impose additional information to be submitted with the NOI that they regard as necessary to ensure that facilities covered under the permits comply with the objectives and provisions of the CWA. 25 Although permitting authorities may impose any information requirements in NOI, they typically use general permits in cases where they wish to minimize the burden associated with reviewing application information.

Consequently, applicants are usually required to provide simple, easily obtainable data in their NOI. 26 Permit Consolidation Request Facilities that are required to obtain permits for more than one EPA program may request that their permit application processing be consolidated. This is a voluntary request, made by submitting a letter to the permit authority.

Notification of Construction Prior to Wastewater Permit Issuance Generally, construction of a new source that requires an Environmental Impact Statement ( EIS) is prohibited until the permit authority issues a final NPDES permit that incorporates requirements related to the EIS. Permit applicants who wish to begin construction before the NPDES permit has been issued must notify the permit authority.

NPDES Ocean Discharge Information During the first two years of operation, facilities that discharge into territorial seas, the contiguous zone, and the oceans must provide information that supplements the data they provide in Form 1. This supplemental information is site specific and highly variable. It ranges from routine water quality and sediment analyses to complex impact analyses that involve studies of large magnitude and area. Permitting authorities use the information to modify permit conditions before a permit expires or when dischargers apply for new permits. The permit authority reviews all other available sources of information, including EISs and CWA Section 301( h) variance requests, before requesting dischargers to submit additional information.

Notice of Termination ( NOT)

When all storm water discharges associated with construction activity authorized by a general permit are eliminated, or when the operator of storm water discharges associated with construction activity at a facility changes, the operator of the facility must submit a Notice of Termination ( NOT). This is also a requirement for MSGPs. This one page form requires basic facility information, operator information, permit number, reason for the termination, and a certification statement. NOTs are submitted to EPA and authorized states.

4( c) RESPONDENT ACTIVITIES 27 Respondent activities can vary substantially, depending on the type of applicant and the application used. This ICR explains these activities in detail for each set of application requirements ( see Section 6.1 of the ICR, " Estimating Respondent Burden"). However, any particular respondent may engage in the following types of activities:

C Preparing basic information. This includes reading instructions on application forms or reviewing regulatory application requirements, gathering general information, typing or filling out forms, drafting letters, reviewing applications or other materials, and mailing completed submissions.

C Generating detailed information. Detailed information may include topographic maps, water flow process line drawings, data on production levels, data on effluent characteristics, management programs, financial estimates,

engineering data, or other information required by permitting authorities, such as developing a SWPPP.

C Sampling and analyzing discharges and sludge. This may involve pollutant scans, biological toxicity testing,

impact analyses, field monitoring, or other scientific analyses.

C Maintaining records. All NPDES and sewage sludge permit applicants must keep records of the data used to complete their applications for at least three years. SWPPPs must be maintained on site for the duration of the MSGP. First time applicants may need to develop a recordkeeping system, enter data, train personnel, and file information. For existing facilities, recordkeeping entails collecting and filing raw data. The ICR for Compliance Assessment estimates the recordkeeping burden for existing facilities in association with monitoring information such as monitoring data and reports. The present ICR estimates recordkeeping burden in association with the application process. 28 5. THE INFORMATION COLLECTED:

AGENCY ACTIVITIES, COLLECTION METHODOLOGY,

AND INFORMATION MANAGEMENT 5( a) AGENCY ACTIVITIES When NPDES permitting authorities receive applications, they must review them for completeness. If an application is incomplete, the authorities must notify the applicant and request the missing information. Completed applications must be assigned to permit writers, who review the applications in more detail as they develop permit conditions. 6 Permitting authorities also enter application data into PCS, STORET, and/ or an NOI database.

Other information requests, such as requests for supplemental information ( Section 308 Requests), may demand more extensive or immediate review.

When a permitting authority issues a general permit, it may notify those dischargers or facilities eligible for coverage under the permit. Notification may include newspaper announcements, direct mailings, or other methods of communication.

When permitting authorities receive applications for general permits, they must determine which facilities, if any,

would be more appropriately governed by individual permits. As part of these activities, permitting authorities may notify dischargers or sludge facilities that they need to apply for individual permits.

Permittees are not required to submit SWPPPs to permitting authorities for review. These plans are to be maintained on site at the facility where the industrial activity is taking place and must be available for review as requested.

5( b) COLLECTION METHODOLOGY AND MANAGEMENT 6 This ICR does not calculate the burden and costs associated with issuing permits. It does, however,

estimate the burden and costs associated with reviewing applications for permits. 29 Because each application or information collection activity contains some unique information, and because applicants submit applications infrequently ( once every five years), improved information technology would not significantly reduce respondent burden.

EPA maintains some application data in the Agency's databases, PCS, STORET, and NOI database. This technology reduces the burden to EPA Headquarters for gathering and analyzing national permit and water quality data.

5( c) SMALL ENTITY FLEXIBILITY For many reasons, EPA believes the reporting requirements discussed in this ICR do not place an unreasonable burden on small business. EPA developed several application forms, and it promulgated different application requirements to tailor the information collection demands, considering, among other factors, the size and complexity of the facility. Generally, as the size of a facility increases, the amount of required information increases correspondingly.

Several of the applications ( e. g., Form 1 and NOIs) request minimal information, such as the name and location of the facility, or merely direct the applicant to complete specific sections of the application ( e. g., Forms 2A and 2S).

Furthermore, facilities submit applications infrequently, typically once every five years. The burden represented by these applications cannot be further reduced for small businesses. Permitting authorities need certain basic information to make permitting decisions. This basic information is not dependent on a facility's size.

Over the last few years, EPA has reduced reporting burdens on businesses of all sizes. The Agency developed general permit procedures to reduce burdens associated with the application process, especially the burden associated with storm water discharges. Applicants for storm water general permits, for instance, do not need to submit any sampling data.

Some facilities that do not have toxic pollutants in their effluent are not required to provide as much monitoring information on Form 2C as those with toxic discharges. For example, coal mines with a probable total annual production less than 100,000 tons per year and other applicants with gross total annual sales averaging less than $ 100,000 per year ( in second quarter 1980 dollars) may qualify for reduced monitoring requirements. 7 7 See Editorial Notes, 40 CFR § 122.21. 30 EPA also developed Form 2E specifically to reduce the reporting burden for certain small businesses. These businesses are new or existing manufacturing, commercial, mining, and silvicultural NPDES permit applicants that do not discharge process wastewater. This form is easier to complete and requires the submission of existing sampling data ( i. e.,

sampling and analysis is not required to be conducted as part of the application process). The Permit Consolidation Request may also affect small businesses. Small businesses ( like all applicants) will request consolidated permitting when they determine that the benefits of consolidation outweigh the additional minimal burden imposed by the consolidation request. Minimizing burden to small entities also comes in the form of guidance materials. For example, to assist facilities of all sizes, but potentially most useful for small businesses, EPA has developed numerous guidance manuals, fact sheets,

training courses, etc. that describe procedures for developing SWPPPs.

Finally, many small businesses do not discharge any pollutants. Of the small businesses that do discharge, many of them discharge pollutants to a sewage treatment plant. These businesses are not required to have NPDES permits and thus are not subject to the reporting requirements contained in this ICR.

5( d) COLLECTION SCHEDULE Federal regulations require permittees to reapply for permits at least every five years, although the regulations also grant permit writers the authority to impose more frequent reissuance. Most respondents submit applications every five years. When calculating burden, this ICR assumes that all permit applicants follow this schedule.

In addition, this ICR assumes that every five years, permittees will perform a comprehensive re evaluation of the existing SWPPP and modify the plan as appropriate. This re evaluation is anticipated to require less cost and burden than the initial cost and burden of developing the plan.

With regard to sewage sludge, these permit applications were originally required in three phases. The first phase,

those due within 180 days after promulgation of 40 CFR part 503 ( by August 18, 1993), consisted of applications from TWTDS required to have ( or requesting) site specific limits. These facilities were primarily sewage sludge incinerators.

The second phase required limited background information from sludge only TWTDS that were not addressed in the first 31 phase. This information was due within one year of Part 503 publication ( by February 19, 1994). The last phase required TWTDS with NPDES permits ( that were not addressed in the first phase) to submit sewage sludge information during the NPDES permit renewal process ( i. e., over the five year permit cycle).

Since the first year of implementation of the sewage sludge permitting program ( i. e., from March 22, 1993 to March 21, 1994) has passed, EPA anticipates three groups of respondents: 1) one fifth of the NPDES permittees will need to submit applications each year; 2) new sludge only facilities will submit limited background information each year; and 3)

some sludge only facilities that have already submitted the limited background information will be required by EPA to submit permit applications each year.

Some information collection activities included in this ICR do not follow routine schedules. For example,

permittees request permit consolidations and permit authorities request supplemental information as needed. Please see Section 6 of this ICR for detailed estimates of collection schedules for these activities. 32 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) ESTIMATING RESPONDENT BURDEN 6( a)( i) Estimating Applicant Respondent Burden EPA estimates that the total annual burden to applicant respondents is approximately 1,398,737 hours.

To calculate the total annual applicant respondent burden, EPA first calculated the annual burden for each permit application and for each information request associated with permit applications. The Agency then added these together.

Thus, the total annual burden is the sum of the annual burdens for all permit applications and associated information requests. In this section, EPA explains its applicant respondent burden estimates for each application and information request. Exhibit 2 estimates the number of respondents that must provide application information or information associated with applications. EPA uses these figures to calculate burden and costs. Exhibit 15, at the end of this section, summarizes burden estimates for all applications and information requests. It also presents the total annual burden to applicant respondents.

In accordance with OMB's instructions, this ICR calculates burden and costs to respondents on an annual basis. These calculations are somewhat complicated because there are two types of respondents discussed in this ICR: applicants renewing existing permits, and applicants applying for new permits. Generally, existing permits must be renewed every five years. For these respondents, the ICR assumes that the number of applicants renewing per year equals one fifth the total number of existing permitted facilities.

For those facilities applying for new permits, this ICR only calculates burden and cost for a three year period. At the end of that period this ICR will be revised with new calculations for the following three years. Therefore, for the burden and cost calculations for respondents applying for new permits, the estimate of the total number of applicants expected over the next three years is divided by three to obtain the estimated number of applicants per annum.

OMB requires agencies to calculate the average burden per response. To determine the average burden, EPA developed 33 a cumulative total for each reporting item. The average applicant burden of 4.5 hours is based on the total annual burden estimate of 1,306,704 hours divided by 291,897, the total number of applicant respondents. It should be noted, however,

that the burden will vary greatly among applicants. For example, the applicant burden for a large MS4 is 30 hours, but the applicant burden for a facility providing a notice of termination equals only 0.5 hour. It should also be noted that in some cases, applicant respondents may complete more than one information item.

Exhibit 2. Number of Applicants and Information Respondents Information Collection Activity Respondents ( Per Year)

Recordkeeping: Existing POTWs 2,946 Existing Facilities ( Non Municipal) 7,566 Major New Non Municipal Facilities 40 MS4s 212 Minor New Non Municipal Facilities and Individual SW Permits 520 Sludge Only Facilities ( Municipal) 910 Sludge Only Facilities ( Non municipal) 128 NOI IA's SWPPP 18,426 Applicant Recordkeeping Subtotal 30,748 Form 1: New Facilities 520 Existing Facilities 7,566 Form 2A: POTWs  1.0 MGD 821 POTWs 0.1  1.0 MGD 1,953 POTWs   0.1 MGD 1,582 Sec. 308 Requests  Major Municipals:

Routine 79 Medium 14 Complex 7 Sec. 308 Requests  Minor Municipals: 34 Information Collection Activity Respondents ( Per Year)

Routine 70 Form 2B: 26 Form 2C: 4,813 Form 2D: Major New Facilities 40 Minor New Facilities 322 Sec. 308 Requests  Major Non Municipal:

Routine 46 Medium 24 Sec. 308 Requests  Minor Non Municipal:

Routine 141 Form 2E: New Facilities 138 Existing Facilities 2,592 Form 2F: 60 Form 2S: NPDES POTWs ( public) 2,945 NPDES PrOTWs ( private) 496 Sludge Only POTWs ( new) 910 Sludge Only POTWs ( required to submit) 128 NOI Storm water:

NOI Storm water Form 18,426 SWPPP 520 Alaskan Lands: 3 MS4s: Large 106 Medium 106 NOI: ( non storm water) 8,469 Petition for Individual Permit: 24 35 Information Collection Activity Respondents ( Per Year)

Permit Consolidation: 100 Notice of Construction: 3 Ocean Discharge: 30 Notice of Termination ( NOT)

Construction 201,213 MSGP ( Industrial  Storm water) 6,857 Applicant Respondent Subtotal 291,897 * Totals may not add exactly due to rounding errors ( the data were developed using spreadsheets).

** Some double counting of respondents may occur, e. g., a MSGP facility filing an NOI and an NOT during the life of this ICR.

Recordkeeping All permit applicants must maintain, for at least three years, records of all data used to complete their permit applications. The burden associated with recordkeeping depends on the type of permit, the size of the facility, and whether the facility already has a recordkeeping system. EPA estimates the burden for this activity as follows:

Exhibit 3. Applicant Recordkeeping Burden Type of Permittee Activity Burden ( hours)

Existing Facility Collect and file raw data provided on application 1 Major New Facility; Large or Medium MS4 Develop recordkeeping system; enter data; train personnel; and file information 5 Minor New Facility; Individual Storm Water Permit Applicant;

Sludge Only Facility; NOI Storm water SWPPP Develop recordkeeping system; enter data; train personnel; and file information 1.5 Estimates from EPA and the Permit Compliance System ( PCS) lists a total of 52,559 existing facilities. These include 36 37,830 non municipal facilities ( 2,445 major and 35,385 minor) filing individual permits and 14,729 municipal facilities.

Assuming that one fifth of all permittees file applications each year, the annual number of existing facilities with recordkeeping burden is 10,512.

EPA estimates that 40 major new non municipal facilities will apply for permits each year and 106 large and 106 medium MS4s will apply for separate storm sewer system permits. The Agency predicts 460 minor new non municipal facilities will apply for permits and 60 facilities will apply for individual storm water permits each year. Finally, EPA estimates that 5,192 sludge only facilities ( 4,552 municipal and 640 non municipal) will apply for sludge permits. This equals 1,016 sludge only facilities ( 910 municipal and 106 non municipal) filing applications per year. Most of the SWPPPs required as part of the NOI Storm water application have been filed and EPA estimates that 520 SWPPPs will be filed a year along with the new non municipal facility permits.

Each of the 10,512 existing facilities applying for an NPDES permit are expected to spend one ( 1) hour maintaining records each year, thus the annual burden will be 10,512 hours. The 40 major new facilities and 212 MS4s are expected to spend 5 hours each, resulting in an annual burden of 1260 hours. The 460 new non municipal minor facilities, 60 individual storm water permit applicants, 1,016 sludge only facilities, and 18,426 NOI Storm water facilities are expected to spend 1.5 hours each, resulting in an annual burden of 29,997 hours.

Taken together, the total annual burden to respondents for recordkeeping is estimated to be 41,748 hours.

Except for SWPPPs required by the NOI Storm water, this ICR does not include the recordkeeping burden associated with NOIs and NOTs. Most applicants need only provide the name and address of the owner or operator and of the facility, the type of facility or discharge, and the receiving water. As such, applicants will not need to maintain any records for this basic information.

Form 1 37 EPA estimates that Form 1 requires three ( 3) hours to complete for the first time. New respondents must read and fill out the form, prepare a topographic map, and review and mail the completed application. Applicants renewing existing permits will spend one ( 1) hour completing Form 1 because these applicants need only send a duplicate of the previously submitted form, updating material if necessary. This applies to NPDES applicants who have permits in other EPA programs; these applicants also submit copies of existing forms.

PCS identifies 37,830 existing non municipal facilities that must submit Form 1. If one fifth of these file applications each year, the annual number of respondents in this group is 7,566. If each respondent spends 1 hour submitting the form,

the annual burden will be 7,566 hours.

EPA estimates that 460 new non municipal facilities and will submit Form 1 each year. In addition, the Agency estimates that 60 facilities will submit Form 1 each year with their applications for individual storm water permits. If each of these respondents needs 3 hours to complete the form, their annual burden will be 1,560 hours.

Altogether, the estimated annual burden to respondents of Form 1 is 9,126 hours.

Form 2A EPA estimates that POTWs will spend the following amount of time completing the various sections of Form 2A ( see Exhibit 4). 38 Exhibit 4. Form 2A  Burden per Applicant Respondent by Section*

BURDEN ( HOURS)

ACTIVITY Basic A B C D Major POTWS Review Form 1.5 0.5 0.5 0.5 0.5 Gather Information 2.5 4.0 2.5 4.0 7.5 Record Information 2.5 1.5 1.5 0.5 1.0 Subtotal 6.5 6.0 4.5 5.0 9.0 Minor POTWS ( 0.1  1.0 MGD)

Review Form 1.5 0.5 0.5 0.5 0.5 Gather Information 1.5 2.0 2.5 1.0 5.5 Record Information 2.0 1.0 1.5 0.5 1.0 Subtotal 5.0 3.5 4.5 2.0 7.0 Minor POTWS (  0.1 MGD)

Review Form 1.5 0.5 0.5 0.5 0.5 Gather Information 1.0 2.0 2.5 1.0 5.5 Record Information 1.5 1.0 1.5 0.5 1.0 Subtotal 4.0 3.5 4.5 2.0 7.0 * Most applicants do not complete every section.

Of the possible 4,356 Form 2A annual respondents, all majors and minors will complete the basic application information section. All major POTWS and all minor POTWS with pretreatment programs will complete Sections a. and B.

EPA assumes 90% of major POTWS, 15% of large minors, and 1% of small minors have SIUs and therefore, will complete Section C. With regard to Section D, EPA assumes 20% of the major POTWS and 3.6% of minor POTWS have CSOs. 39 Exhibit 5 below details Form 2A annual respondent burden based on these assumptions and the burden per respondent by section estimates.

Exhibit 5. Form 2A Applicant Respondent Burden Major POTWS Minor POTWS ( 0.1 1.0 MGD) Minor POTWS (  0.1 MGD)

Section ( a) Respondents per year ( B) Burden/ respondent ( hours) ( C)

Annual Burden ( hours) ( D) Respondents per year ( E) Burden/ respondent ( hours) ( F)

Annual Burden ( hours) ( G) Respondents per year ( H) Burden/ respondent ( hours) ( I)

Annual Burden ( hours)

Basic 821 6.5 5,337 1,953 5.0 9,765 1,582 4.0 6,328 A 821 6.0 4,926 0 3.5 116 70 3.5 245 B 821 4.5 3,695 0 4.5 0 70 4.5 315 40 C 739 5.0 3,695 293 2.0 586 16 2.0 32 D 164 9.0 1,478 70 7.0 492 57 7.0 399 Total* 821 19,130 1,953 11,105 1,582 9,070 * Note, the total respondents per year are based on the entire application, not the respondent per application section.

The estimated burden for the 4,356 respondents filing a Form 2A application each year is 39,305 hours.

Additional NPDES Application Requirements for Municipal Dischargers ( Section 308 Request)

Because requests for supplemental information vary in complexity, this ICR calculates burden according to the complexity of the request. EPA estimates that facilities spend 5 hours responding to routine requests. This includes 1 hour to read and understand the request, 2 hours to obtain information, and 2 hours to write a response. Requests of medium complexity require, on average, 50 hours. EPA estimates that complex requests demand 1,000 hours.

EPA may request additional information from a facility at any time. Generally, facilities are more likely to receive Section 308 Requests when they apply or re apply for permits than at other times. Therefore, this ICR divides municipal respondents into two categories: those that are applying for permits in a particular year, and those that are not. Since permits typically last 5 years, one fifth of all facilities apply for permits each year.

Based on the newly developed Form 2A, EPA estimates a 90 percent reduction in the number of 308 requests made during the application process. Previously EPA estimated that 75% of the major municipal and 10% of the minor facilities receive Section 308 Requests in the year they apply for permits. Therefore, EPA currently estimates 7.5% major facilities 41 and 1% of minors will receive a 308 request as part of the application process.

With regard to 308 requests not made during the application process, EPA previously estimated 5% of the remaining major facilities will receive such a request. This assumption remains unchanged. For minor municipals, EPA previously assumed 1% of the remaining minor facilities receive them each year. This assumption too remains unchanged. The following exhibit summarizes the number of respondents for these requests. 42 Exhibit 6. Annual Municipal Applicant Respondents For Section 308 Requests Respondent Type Total Existing ( a) Applying Annually ( B) Not Applying ( Annual) ( a) + ( B)

Total Annual Major Facility 4,105 62 38 100 Minor Facility 17,675 35 35 70 TOTAL RESPONDENTS: 21,780 170 The following table calculates the burden for municipal respondents based on the complexity of the request, and it calculates the total annual burden. It also estimates the number of facilities responding to routine, medium, and complex requests. 43 Exhibit 7. Total Annual Applicant Burden to Municipal Facilities For Section 308 Requests Respondent/ Request ( a) Respondents Per Year ( B)

Burden ( Hrs.)

Per Respondent ( a) * ( B)

Total Annual Burden ( Hrs.)

Major Facilities Routine requests 79 5 395 Medium requests 14 50 700 Complex requests 7 1,000 7,000 Subtotal 100 8,095 Minor Facilities Routine requests 70 5 350 TOTALS: 170 8,445 Based on the calculations above, EPA estimates that the total annual burden to municipal facilities for Section 308 Requests is 8,445 hours. In addition, 50% of POTWS that receive complex requests pay contract laboratories to conduct the tests. 44 Form 2B EPA estimates that respondents will spend six ( 6) hours reading the instructions, gathering the necessary information,

and completing and mailing Form 2B. The Agency estimates that there are 16,100 CAFO or aquatic animal production facilities. Ninety five percent ( 0.95) of these facilities file for general permits. Of the remaining respondents ( i. e., 805),

approximately 675 of these are CAFOs and are covered under the January 2003 rule related ICR. Of the remaining 130 aquatic animal production facilities, on average one fifth of these facilities will file an application annually ( i. e., 26). At 6 hours per respondent, the estimated annual burden for Form 2B is 156 hours.

Form 2C Form 2C requires approximately 33 hours to complete, EPA estimates.

PCS reports 37,830 existing non municipal facilities. Of these, 805 are animal feeding and aquatic production facilities,

which must complete Form 2B. Therefore, 37,025 facilities must submit either Form 2C or Form 2E. Those that discharge process wastewater use Form 2C, and those that discharge nonprocess wastewater use Form 2E. EPA assumes that 65 percent of these facilities discharge process wastewater, yielding 24,066 facilities subject to the requirements of Form 2C. If one fifth ( 0.2) of all permittees file applications each year, the annual number of respondents is 4,813. Assuming that each respondent spends 33 hours preparing the form, EPA estimates the annual burden for Form 2C to be 158,829 hours.

This ICR does not separate the burden for major and minor facilities. The burden will probably be lower for minor facilities because facilities monitor only for pollutants believed to be present. Minor facilities typically discharge fewer pollutants than majors.

Form 2D EPA estimates that major new facilities will spend 46 hours completing Form 2D, and minor facilities will spend 32 hours.

The following table summarizes burden estimates for particular activities associated with Form 2D. 45 Exhibit 8. Form 2D Applicant Burden Activity Burden ( Hrs.) for Major New Facility Burden ( Hrs.) for Minor New Facility Read Form and Instructions 8 2 Gather General File Information 2 4 Prepare Graphics Materials 2 2 Obtain Engineering Data ( estimates) 2 4 Type the Information 13 3 Review by Management 5 6 Transmit the Application 2 3 Sample and Analyze Discharge After Operation Begins 12 8 Total Burden per Respondent: 46 32 The Agency estimates that 40 new major non municipal facilities and 460 new minor facilities will apply for permits each year. Of the minor facilities, EPA estimates that 70 percent will discharge process wastewater. This yields an estimated 40 respondents filing Form 2D as new major facilities and 322 completing Form 2D as new minor facilities. ( The remaining 138 minor new facilities use Form 2E.) The estimated annual burden for Form 2D is 1,840 hours for major new facilities and 10,304 hours for minor new facilities, or 12,144 hours altogether.

Additional NPDES Application Requirements for Non municipal Dischargers ( Section 308 Request)

Because requests for supplemental information vary in complexity, this ICR calculates burden according to the complexity of the request. EPA estimates that facilities spend 5 hours responding to routine requests. This includes 1 hour to read and understand the request, 2 hours to obtain information, and 2 hours to write a response. Requests of medium complexity require, on average, 50 hours.

EPA may request supplemental information from a facility at any time. Generally, facilities are more likely to receive Section 308 Requests when they apply or re apply for permits than at other times. Therefore, this ICR divides non 46 municipal respondents into two categories: those that are applying for permits in a particular year, and those that are not.

Since permits typically last 5 years, one fifth of all facilities apply for permits each year.

The Agency assumes that 5 percent of the major non municipals receive requests when they apply for permits, and 10 percent of the remaining receive requests at other times. Of the minor non municipals, 1 percent receive requests when they apply for permits and 1 percent of the remaining receive requests at other times. The following table summarizes the number of non municipal respondents for these requests.

Exhibit 9. Annual Non municipal Applicant Respondents for Section 308 Requests Respondent Type Total Existing ( a) Applying Annually ( B) Not Applying ( Annual) ( a) + ( B)

Total Annual Major Facility 2,445 24 46 71 Minor Facility 35,385 71 70 141 Total Respondents: 37,830 212 The following table calculates the burden for each group of respondents based on the complexity of the request, and it calculates the total annual burden. It also estimates the number of facilities responding to routine and medium requests. 47 Exhibit 10. Total Annual Applicant Burden to Non Municipal Facilities for Section 308 Requests Respondent/ Request ( a) Respondents Per Year ( B)

Burden ( Hrs.)

Per Respondent ( a) * ( B)

Total Annual Burden ( Hrs.)

Major Facilities Routine requests 46 5 230 Medium requests 24 50 1,200 Subtotal 71 1,430 Minor Facilities Routine requests 141 5 705 Total: 212 2,135 Based on the calculations above, EPA estimates that the total annual burden to non municipal facilities for Section 308 requests is 2,135 hours. In addition, 25% percent of major non municipal facilities that receive medium requests pay contract laboratories to conduct the tests. 48 Form 2E EPA estimates that applicants non municipal facilities that discharge nonprocess wastewater will spend 14 hours completing Form 2E. The table below estimates the burden for specific activities associated with Form 2E.

Exhibit 11. Form 2E Applicant Respondent Burden Activity Burden ( Hrs.)

Read Form and Instructions 1 Gather General Information 2 Obtain or Estimate Engineering Data 2 Sample and Analyze or Estimate Pollutants in Discharge 4 Type Information 1 Review by Management 2 Transmit Application 2 TOTAL BURDEN PER RESPONDENT: 14 EPA and PCS reports 37,830 existing non municipal facilities. Of these, 805 are animal feeding and aquatic production facilities, which must complete Form 2B. Therefore, 37,025 facilities must submit either Form 2C or Form 2E. Those that discharge process wastewater use Form 2C, and those that discharge nonprocess wastewater use Form 2E. EPA assumes that 35 percent of these facilities discharge nonprocess wastewater, creating 12,959 existing facilities subject to the requirements of Form 2E. If one fifth of all existing permittees file applications each year, the annual number of respondents is 2,592. Assuming that each of these respondents spends 14 hours preparing the form, EPA estimates the annual burden to existing facilities to be 36,288 hours.

To this figure, the Agency adds new non municipal facilities that discharge nonprocess wastewater. EPA estimates that 138 new non municipal facilities will file Form 2E each year. The total annual burden to these facilities will be 1,932 hours.

Adding the burden for existing facilities and new facilities, EPA calculates that the total annual burden to Form 2E respondents will be 38,220 hours. 49 Form 2F On average, respondents will spend 28.6 hours completing Form 2F. The following table estimates the burden for specific activities required by Form 2F. Exhibit 12. Form 2F Applicant Respondent Burden Activity Burden ( Hrs.)

Prepare Site Map 1 Describe Significant Materials 1 Certify That All Outfalls Have Been Tested for Non

Storm Water Discharges 5.6 Gather Existing Information on Spills and Leaks 1 Sample and Analyze Wastewater for Pollutants 20 TOTAL BURDEN PER RESPONDENT: 28.6 EPA estimates that 122,000 facilities have storm water discharges associated with industrial activities and must apply for NPDES permits. The Agency bases its estimate on the number of NOIs received for storm water general permits by EPA and the States, number of group applicants, and the total number of 2Fs received.

Of these 122,000 dischargers, very few have or will apply for individual storm water permits due to the availability of less burdensome options ( i. e., general permits). PCS indicates that only 298 facilities have submitted a Form 2F since the beginning of the storm water program in 1990. Dividing this number by the five permit years, gives approximately 60 individual applicants per year. The estimated annual burden for Form 2F facilities is 1,716 hours.

Form 2S 50 EPA estimates that respondents will spend 8.7 hours completing Form 2S based on the analysis conducted in the 1999 ICR. The annual number of 4,479 respondents consists of publically owned treatment works ( POTWS) and privately owned treatment works ( PrOTWs) renewing their NPDES permits, new sludge only facilities submitting limited background information ( Part 1 of Form 2S), and sludge only facilities requested by the permitting authority to submit a permit application ( Part 2). This ICR assumes that permits issued to these respondents will be up for renewal and that on average, one fifth of these total respondents will respond annually. EPA assumes that one fifth of all other existing facilities will reapply annually.

Utilizing the burden estimate of 8.7 hours per respondent and the estimated annual number of respondents, EPA anticipates 4,479 annual respondents with a total annual burden for Form 2S of 38,967 hours. 51 Exhibit 13. Annual Number of Form 2S Applicant Respondents Total Number of Respondents Average Annual Number of Respondents Type of Applicant POTWs PrOTWs Subtotal POTWs PrOTWs Subtotal Generate Only Existing 3,830 254 4,084 766.0 50.8 816.8 New 0 5 5 0.0 1.7 1.7 Generate & Land Apply Existing 8,470 578 9,048 1,694.0 115.6 1,809.6 New 0 10 10 0.0 3.3 3.3 Generate & Surface Disposal ( site specific)

Existing 2 0 2 0.4 0.0 0.4 New 0 0 0 0.0 0.0 0.0 Generate & Surface Disposal ( not site specific) Existing 3,655 243 3,898 731.0 48.6 779.6 New 0 4 4 0.0 1.3 1.3 Generate & Incinerate Existing 170 0 170 34.0 0.0 34.0 N P D E S P E R M I T T E E S New 0 0 0 0.0 0.0 0.0 Generate Only Existing  Part 1 only 1,605 105 1,710 321.0 21.0 342.0 Existing  Part 2 0 0 0 0.0 0.0 0.0 New  Part 1 only 74 6 80 24.7 2.0 26.7 New  Part 2 0 0 0 0.0 0.0 0.0 Surface Disposal Only ( site specific)

Existing 2 2 4 0.4 0.4 0.8 New 0 0 0 0.0 0.0 0.0 Surface Disposal Only ( not site specific)

Existing  Part 1 only 369 23 392 73.8 4.6 78.4 Existing  Part 2 41 3 44 8.2 0.6 8.8 New  Part 1 only 13 1 14 4.3 0.3 4.7 New  Part 2 6 0 6 2.0 0.0 2.0 Incinerate Only S L U D G E O N L Y Existing 0 0 0 0.0 0.0 0.0 52 Exhibit 13. Annual Number of Form 2S Applicant Respondents Total Number of Respondents Average Annual Number of Respondents Type of Applicant POTWs PrOTWs Subtotal POTWs PrOTWs Subtotal New 0 0 0 0.0 0.0 0.0 Total 18,237 1,234 19,471 3,660 250 3,910 Exhibit 14. Form 2S Applicant Burden per Respondent by Section ( Hours)

Section Burden Activity Part 1 Part 2, a Part 2, B Part 2, C Part 2, D Part 2, E Review Form 1.0 0.5 1.0 1.5 1.5 1.5 Gather Information 1.0 1.1 1.3 2.0 2.5 2.5 Record Information on Form 0.5 0.7 1.0 1.5 1.5 1.5 Total 2.5 2.3 3.3 5.0 5.5 5.5 Exhibit 15. Form 2S Annual Applicant Respondent Burden ( Hours)

Annual Respondent Total Annual Burden Type of Applicant POTWS PrOTWS Required Information Burden/ Respons e POTWS PrOTWS Subtotal Generate Only Existing 766.0 50.8 AB 5.6 4,290 8 284 9 4,574 New 0.0 1.7 AB 5.6 0 9 9 Generate & Land Apply N P D E S Existing 1,694.0 115.6 ABC 10.6 17,956 1,225 19,182 53 Exhibit 15. Form 2S Annual Applicant Respondent Burden ( Hours)

Annual Respondent Total Annual Burden Type of Applicant POTWS PrOTWS Required Information Burden/ Respons e POTWS PrOTWS Subtotal New 0.0 3.3 ABC 10.6 0 35 35 Generate & Surface Disposal ( site specific)

Existing 0.4 0.0 ABD 11.1 4 0 4 New 0.0 0.0 ABD 11.1 0 0 0 Generate & Surface Disposal ( not site specific)

Existing 731.0 48.6 ABD 11.1 8,114 539 8,654 New 0.0 1.3 ABD 11.1 0 15 15 Generate & Incinerate Existing 34.0 0.0 ABE 11.1 377 0 377 P E R M I T T E E S New 0.0 0.0 ABE 11.1 0 0 0 Generate Only Existing  Part 1 only 321.0 21.0 1 2.5 803 53 855 Existing  Part 2 0.0 0.0 AB 5.6 0 0 0 New  Part 1 only 24.7 2.0 1 2.5 62 5 67 New  Part 2 0.0 0.0 AB 5.6 0 0 0 Surface Disposal Only ( site specific) Existing 0.4 0.4 AD 7.8 3 3 6 New 0.0 0.0 AD 7.8 0 0 0 Surface Disposal Only ( not site specific)

S L U D G E O N L Y Existing  Part 1 only 73.8 4.6 1 2.5 185 12 196 8 766.0 ( POTWs Annual Respondent) * 5.6 ( Burden/ Response)

9 50.8 ( PrOTWs Annual Respondent) * 5.6 ( Burden/ Response) 54 Exhibit 15. Form 2S Annual Applicant Respondent Burden ( Hours)

Annual Respondent Total Annual Burden Type of Applicant POTWS PrOTWS Required Information Burden/ Respons e POTWS PrOTWS Subtotal Existing  Part 2 8.2 0.6 AD 7.8 64 5 69 New  Part 1 only 4.3 0.0 1 2.5 11 0 11 New  Part 2 2.0 0.0 AD 7.8 16 0 16 Incinerate Only Existing 0.0 0.0 AE 7.8 0 0 0 New 0.0 0.0 AE 7.8 0 0 0 Total 3,660 250 31,884 2,186 34,070 NOI Storm water ( MSGP Applicants)

EPA estimates that respondents will spend approximately 0.5 hours completing the NOI Storm water form. EPA estimated the number of industrial facilities ( 16,350) that would re apply for coverage under the modified MSGP per year based on 1990 U. S. Census Bureau estimates ( 1990 US population 252,510,216). Scaling that number up based on 2000 U. S.

Census data ( 2000 US population 284,796,887) provides an estimate of 18,426 respondents per year. Respondent burden is therefore 9,213 hours to fill out the form.

Facilities completing an NOI with regard to industrial activity must develop a SWPPP. The SWPPP is a one time development activity and existing facilities have already developed them. Therefore, in this ICR EPA assumes that the 520 new non municipal applicants a year will be required to develop SWPPPs Despite the fact that components of a SWPPP are similar, facility design, size and function, as well as the level of effort involved, will vary for each facility. As such,

EPA identified a " typical" respondent and then estimated the burden for that respondent to prepare a SWPPP.

Respondent burden estimates for SWPPP preparation activities are provided in the exhibit below. EPA estimates the average time for a respondent to develop a SWPPP is 80 hours.

Exhibit 16. Burden for SWPPP Read regulations 8.00 Select Team 2.00 55 Describe Sources a. drainage map 8.00 b. inventory of exposed materials 4.00 c. list of significant spills/ leaks 1.00 d. certification of non storm water 2.00 e. sampling data summary 2.00 f. summary of potential sources 3.00 Measures and Controls a. good housekeeping 6.00 b. preventative maintenance 8.00 c. inspections 6.00 d. employee training 6.00 e. sediment and erosion control 8.00 f. runoff management 8.00 Comprehensive Site Evaluation a. determine scope and content 8.00 SWPPP SUBTOTAL 80.00 At 80 hours per respondent and an estimated 520 respondents, the estimated annualized burden for SWPPP is 41,600 hours. Altogether, the estimated annual burden for the NOI Storm water and SWPPP is 50,813 hours.

Uniform Federal Transportation/ Utility System Application ( Alaskan Lands Application)

EPA estimates that the average respondent can complete the Alaskan Lands Application is 30 hours. When preparing this estimate, EPA considered the potential variation among applicants; depending on the nature and location of the proposed facility, a respondent may spend much longer preparing the form.

The Agency further estimates that three ( 3) respondents will file this application each year, yielding 90 hours expected annual burden.

Application for Large and Medium Municipal Separate Storm Sewer Systems ( MS4s)

There are a total of 1,064 large and medium municipal separate storm sewer systems ( MS4s). It is assumed that one 56 fifth of them will be submitting applications per year ( 212). As in the 1999 ICR it is assumed that 50% of the MS4s that are responding in any given year will be large MS4s and 50% will be medium MS4s ( 106 large, 106 medium).

Large MS4s will spend more time preparing applications for their storm water discharges than medium MS4s. EPA estimates that an average large system will spend 4,432.4 hours completing an application. a medium system will spend 2,812.9 hours completing one. The following table estimates the burden for particular activities associated with the application.

Based on these figures, EPA calculates that the total annual burden for large MS4s is 469,834 hours and for medium MS4s is 298,167 hours, for an altogether MS4 total annual burden of 768,001 hours.

Exhibit 17. Applicant Respondent Burden for Applications for Municipal Separate Storm Sewer Systems Activity Burden ( Hrs.) for Large System Burden ( Hrs.) for Medium System Part 1 neral Information 0.5 0.5 gal Authority 0.5 0.5 rces 40 40 e Discharges 40 40 ld Screening Analysis ( dry weather sampling) 430 215 aracterization Plan 2.2 2.2 isting Management Programs 2.2 2.2 otal 515.4 300.4 Part 2 e Adequate Legal Authority 40 40 t Source Identification Information 80 50 presentative Storm Sample 1,749 874.5 llective Annual Pollutant Load from All Outfalls 40 40 chedule to Update Topographic Map to Include Seasonal ad for Each Major Outfall 8 8 anagement Program 2,000 1,500 otal 3,917 2,512.5 57 Exhibit 17. Applicant Respondent Burden for Applications for Municipal Separate Storm Sewer Systems Activity Burden ( Hrs.) for Large System Burden ( Hrs.) for Medium System TOTAL BURDEN PER RESPONDENT: 4,432.4 2,812.9 Notice of Intent ( NOI)

EPA estimates that respondents will spend, on average, one ( 1) hour to file a Notice of Intent for general permit.

PCS data indicate that 42,345 general permittees exist. EPA assumes that none of these general permits apply to storm water discharges. One fifth of the existing permittees, or 8,469 respondents, will file NOIs each year. Each of these respondents will spend 1 hour filing the NOI, so the estimated annual burden to these respondents is 8,469 hours.

When calculating the burden to respondents for NOIs, this ICR does not include sludge management facilities seeking coverage under general permits. Although general permits may be used to control sludge use or disposal, general permits of this kind are rare. Consequently, EPA does not yet have sufficient information to determine the burden to sludge management facilities. When EPA is better able to estimate the number of facilities potentially covered by general permits, it may revise this ICR accordingly.

Petitions for Individual Permit Based on information supplied by contractors, EPA estimates that an average petition requires 40 hours to prepare.

There are two types of petitions. Both types may be submitted by MS4s, and one may be submitted by anyone.

Municipal sewer systems may petition permitting authorities to require dischargers using their systems to obtain individual permits. Anyone may petition authorities to require an individual permit for a storm water discharge that contributes to water quality violations or is a significant contributor of pollutants. For purposes of simplicity, this ICR assumes that all petitions are submitted by MS4s. 58 EPA anticipates that it will receive 24 petitions each year over the next three years. The Agency estimates that 10 of these petitions will come from large MS4s each year, and the remaining 14 will come from medium MS4s.

Thus, the total annual burden is 400 hours for large MS4s and 560 hours for medium MS4s. The estimated total annual burden to all respondents petitioning for an individual permit is 960 hours.

Permit Consolidation Request Facilities that must obtain permits for more than one EPA program may request that their permit application processes be consolidated. EPA estimates that a facility will spend two ( 2) hours writing, typing, editing, and mailing a request. Based on past experience, the Agency anticipates that 100 facilities will file Permit Consolidation Requests each year; hence, the total estimated annual burden for this information collection is 200 hours.

Notification of Construction EPA estimates that an average respondent will spend one ( 1) hour reading regulations and preparing a letter notifying EPA of unauthorized construction. The Agency also estimates that three ( 3) facilities will report construction violations each year. Thus, the total estimated annual burden is 3 hours.

Ocean Discharge Information Permittees generally hire environmental consultants to conduct ocean discharge studies. These studies may include site surveys, effluent monitoring, field monitoring, and data analysis. Field monitoring may require scuba diving and the help of a marine biologist. This ICR includes consultant labor hours in its estimates of respondent burden. The Agency estimates that a respondent will spend 778 hours supplying Ocean Discharge information. Burden estimates are based on EPA's experience with field monitoring programs in ocean dumping and NPDES permit monitoring. The following table calculates the average amount of time a respondent will spend preparing ocean discharge information.

Based on permit issuance estimates, EPA believes that approximately 30 permittees will be require to submit ocean discharge information each year. Assuming 30 respondents spend an average of 778 hours supplying this information each year, the estimated total annual burden for this information request is 23,340 hours. 59 Notice of Termination ( NOT)

EPA estimates that on average, general permittees will spend 0.5 hours filling out a notice of termination ( NOT).

Based on the Economic Analysis for Phase II Storm Water Regulations 201,213 large construction start ups occur annually.

It is assumed that they will all submit an NOT. Based on the previous ICR EPA estimates that 6,857 MSGP NOTs will be filed annually.

With an estimated filing burden of 0.5 hours, EPA estimates that 100,607 hours will be incurred by construction general permittees filing NOTs annually while 3,429 hours will be incurred by MSGP permittees filing NOTs annually. 60 Exhibit 18. Annual Applicant Respondent Burden INFORMATION COLLECTION ACTIVITY RESPONDENTS ( PER YEAR) BURDEN HOURS PER TASK BURDEN ( TOTAL HOURS)

Recordkeeping:

Existing POTWs 2,946 1.0 2,946 Existing Facilities ( Non Municipal) 7,566 1.0 7,566 Major New Non Municipal Facilities 40 5.0 200 MS4s 212 5.0 1,060 Minor New Non Municipal Facilities and Individual SW Permits 520 1.5 780 Sludge Only Facilities ( Municipal) 910 1.5 1,365 Sludge Only Facilities ( Non Municipal) 128 1.5 192 NOI Storm water's SWPPP 18,426 1.5 27,639 Applicant Recordkeeping Subtotal 30,748 41,748 Form 1:

New Facilities 520 3.0 1,560 Existing Facilities 7,566 1.0 7,566 Form 2A: POTWs  1.0 MGD 821 23.3 19,130 POTWs 0.1  1.0 MGD 1,953 5.7 11,105 POTWs   0.1 MGD 1,582 5.7 9,070 Sec. 308 Requests  Major Municipals:

Routine 79 5.0 395 Medium 14 50.0 700 Complex 7 1,000.0 7,000 Sec. 308 Requests  Minor Municipals:

Routine 70 5.0 350 Form 2B: 26 6.0 156 Form 2C: 4,813 33.0 158,829 Form 2D: 61 INFORMATION COLLECTION ACTIVITY RESPONDENTS ( PER YEAR) BURDEN HOURS PER TASK BURDEN ( TOTAL HOURS)

Major New Facilities 40 46.0 1,840 Minor New Facilities 322 32.0 10,304 Sec. 308 Requests  Major Non Municipal:

Routine 46 5.0 230 Medium 24 50.0 1,200 Sec. 308 Requests  Minor Non Municipal:

Routine 141 5.0 705 Form 2E:

New Facilities 138 14.0 1,932 Existing Facilities 2,592 14.0 36,288 Form 2F: 60 28.6 1,716 Form 2S: NPDES POTWs 2,945 8.7 25,622 NPDES PrOTWs 496 8.7 4,315 Sludge Only POTWs 910 8.7 7,917 Sludge Only PrOTWs 128 8.7 1,114 NOI Storm water ( MSGP):

NOI Storm water Form 18,426 0.5 9,213 SWPPP 520 80.0 41,600 Alaskan Lands: 3 30.0 90 MS4s: Large 106 4,432.4 469,834 Medium 106 2,812.9 298,167 NOI 8,469 1.0 8,469 Petition for Individual Permit: 24 40.0 960 Permit Consolidation: 100 2.0 200 Notice of Construction: 3 1.0 3 Ocean Discharge: 30 778.0 23,340 NOTs 62 INFORMATION COLLECTION ACTIVITY RESPONDENTS ( PER YEAR) BURDEN HOURS PER TASK BURDEN ( TOTAL HOURS)

Construction 201,213 0.5 100,607 MSGP ( Industrial  storm water) 6,857 0.5 3,429 Applicant Respondent Subtotal 291,898 1,306,704 6( a)( ii) Estimating State Respondent Burden EPA estimates that the state government will spend approximately 92,033 hours reviewing application information each year. Exhibit 16 calculates the estimated burden to State governments for handling and reviewing application information discussed in this ICR. Because most State governments have authority for the NPDES programs, State governments will incur the majority of the burden and costs. There are, however, some exceptions to this rule: the federal government will always process Form 2D, Alaskan Lands Applications, and construction notifications. As a result, the burden and costs for these activities will belong to the federal government exclusively.

Estimates of the burden do not include analysis of the data, since this activity is associated with preparation and issuance of the permit. As Exhibit 16 indicates, the burden ranges from 60 hours ( for NOI) to 0.5 hours ( for Ocean Discharge Information). Exhibit 19. Annual State Respondent Burden10 Information Collection Activity Respondents per year Respondents to State Burden Per Response Total State Burden Form 1:

10 Utilizing 2000 US Census data, 95.79% ( i. e., 272,801,536/ 284,796,887) of the population resides in NPDES states, i. e., NPDES delegated states. An estimated 11.66% ( i. e., 33,213,410/ 284,796,887) of the population resides in sludge states, i. e., sludge delegated states. An estimated 95.70% ( i. e., 272,801,536/ 284,796,887 ) of the population resides in general permit states, i. e., general permit delegated states. ( Note: The same states that do not have NPDES authorization also do not have general permit program authorization.) These population percentages have been applied to the respondent values to estimate those that report directly to States. 63 Information Collection Activity Respondents per year Respondents to State Burden Per Response Total State Burden New Facilities 520 498 0.5 249 Existing Facilities 7,566 7,247 0.5 3,624 Form 2A: POTWs  1.0 MGD 821 786 2 1,572 POTWs 0.1  1.0 MGD 1,953 1,871 2 3,742 POTWs   0.1 MGD 1,582 1,515 2 3,030 Sec. 308 Requests  Major Municipals:

Routine 79 75 1 75 Medium 14 13 10 130 Complex 7 7 20 140 Sec. 308 Requests  Minor Municipals:

Routine 70 67 1 67 Form 2B: 26 25 0.5 13 Form 2C: 4,813 4,610 2 9,220 Form 2D: Major New Facilities 40 0 0.5 0 Minor New Facilities 322 0 0.5 0 Sec. 308 Requests  Major Non

Municipal: Routine 46 44 1 44 Medium 24 23 10 230 Sec. 308 Requests  Minor Non

Municipal: Routine 141 135 1 135 Form 2E: New Facilities 138 132 0.5 66 Existing Facilities 2,592 2,483 0.5 1,242 64 Information Collection Activity Respondents per year Respondents to State Burden Per Response Total State Burden Form 2F: 60 57 2.2 125 Form 2S: 11 Part 1 only 424 49 0.67 33 Full application 3,236 377 1.42 535 NOI Storm water:

NOI Storm water Form 18,426 17,650 0.25 4,413 SWPPP 520 498 0.25 125 Alaskan Lands: 3 0 0.6 0 MS4s: Large 106 102 60 6,120 Medium 106 102 40 4,080 NOI: 8,469 8,122 0.25 2,031 Petition for Individual Permit: 24 23 8 184 Permit Consolidation: 100 96 0.5 48 Notice of Construction: 3 0 0.6 0 Ocean Discharge: 30 29 88 2,552 NOT: Construction 201,213 186,323 0.25 46,581 MSGP ( Industrial  storm water 6,857 6,518 0.25 1,630 Total State Burden 291,897 239,477 92,033 6( a)( iii) Total Respondent Burden As detailed in Exhibits 18 and 19, EPA estimates the total respondent burden to be 1,398,737 hours.

6( b)( i) Estimating Applicant Respondent Cost 11 Estimates are based on assumptions made in 1999 ICR for number of respondents per year. Adjusted per 2000 Census data. 65 Applicant respondent costs are a function of labor costs and testing/ contractor costs. The testing/ contractor costs are summarized in Exhibit 21. Exhibit 22 shows the estimated cost to applicant respondents for providing all information discussed in this ICR. Based on the calculations in Exhibit 22, EPA estimates that the total annual cost to applicant respondents is approximately $ 50,664,584.

Most calculations in the ICR account for labor costs only. Respondents will not be required to pay for capital equipment to respond to the information requests. The ICR does, however, account for testing/ contractor costs incurred by respondents that must collect additional data. Note, respondents who already have the required effluent testing information on hand, either because they monitored for the compounds during the term of their permits or because they are already required by the permitting authority to provide the information, are not required to retest. Therefore, this ICR does not reflect costs for respondents with existing data. Assumptions and estimates for these O& M costs ( i. e.,

testing/ contractor costs) are detailed in Exhibits 20 and 21. 66 Exhibit 20a. Estimate of Form 2A Facilities That Currently Do Not Test Basic Conventional And Nonconventional Additional Conventional and Nonconventional Priority Pollutants and State WQS Multiple Species Biomonitoring Facility Type Annual # of Respondents % currently testing # not testing % currently testing # not testing % currently testing # not testing % currently testing # not testing   0.1 MGD, no priority pollutants. 1,512 60 605 0.1 1.0 MGD,

no priority pollutants. 1,953 80 391 80 391 Minors, with priority pollutants. 70 85 11 85 11 50 35 85 11 Majors, no priority pollutants. 814 85 122 85 122 10 733 75 204 Majors, with priority pollutants. 7 90 1 90 1 70 2 85 1 Total minors 3,535 1,006 401 35 11 Total majors 821 123 123 735 205 Exhibit 20b. Estimate of Form 2S Facilities That Currently Do Not Test Round 1 Metals Type Annual # of Respondents % currently testing # not testing NPDES POTWs 2,945 95 147 NPDES PrOTWs 496 95 25 67 Sludge Only POTWs 910 50 455 Sludge Only PrOTWs 128 50 64 Exhibit 21. Testing/ Contractor Costs ( O& M Costs)

RESPONDENTS TESTS/ YEAR COST PER TEST ($) TOTAL $

Form 2A Basic conventional and nonconventional 1,129 3 $ 100.00 $ 338,610.00 Additional conventional and nonconventional 524 3 $ 200.00 $ 314,340.00 Priority Pollutants/ state WQS 770 3 $ 1,150.00 $ 2,655,465.00 Multiple Species Biomonitoring 215 1 $ 8,000.00 $ 1,720,400.00 Form 2S NPDES and sludge only facilities 691 1 $ 200.00 $ 138,210.00 Section 308 Requests Municipal ( complex) 12 4 1 $ 1,150.00 $ 4,025.00 Non municipal ( medium) 13 6 1 $ 1,000.00 $ 6,112.50 Total $ 5,177,162.50 When calculating applicant respondent costs, EPA makes the following assumptions:

12 Assumes priority pollutant scan testing would be required.

13 Assumes a relatively simple biomonitoring test would be required. 68 ! The average hourly rate for municipal employees as determined by the U. S. Department of Labor, Bureau of Labor Statistics is $ 24.76. Updated rates are derived from Employer Costs for Employee Compensation, Table 4

Employer costs per hour worked for employee compensation and costs as a percent of total compensation: State and local government, by occupational and industry group, June 2002.

! The average annual salary in the private sector is assumed to be 14 percent higher than the average of the federal, State and municipal rates, creating an average hourly cost of $ 56.76.

Exhibit 22. Applicant Respondent Costs Information Collection Activity Burden ( Total Hours/ Yr.) Respondent Labor Rate Respondent Costs Recordkeeping:

Existing POTWS 2,946 24.76 $ 72,942.96 Existing Facilities ( Non Municipal) 7,566 54.76 $ 414,314.16 Major New Non Municipal Facilities 200 54.76 $ 10,952.00 MS4s 1,060 24.76 $ 26,245.60 Minor New Non Municipal Facilities and Individual SW Permits 780 54.76 $ 42,712.80 Sludge Only Facilities ( Municipal) 1,365 31.20 $ 42,588.00 Sludge Only Facilities ( Non Municipal) 192 54.76 $ 10,513.92 NOI Storm water's SWPPP 27,639 54.76 $ 1,513,511.64 Recordkeeping Subtotal 41,748 $ 2,133,781.08 Form 1:

New Facilities 1,560 24.76 $ 38,625.60 Existing Facilities 7,566 24.76 $ 187,334.16 Form 2A: POTWs  1.0 MGD 19,130 24.76 $ 473,658.80 POTWs 0.1  1.0 MGD 11,105 24.76 $ 274,959.80 POTWs   0.1 MGD 9,070 24.76 $ 224,573.20 Testing/ Contract Costs $ 5,028,815.00 Sec. 308 Requests  Major Municipals: 69 Information Collection Activity Burden ( Total Hours/ Yr.) Respondent Labor Rate Respondent Costs Routine 395 24.76 $ 9,780.20 Medium 700 24.76 $ 17,332.00 Complex 7,000 24.76 $ 173,320.00 Testing/ Contractor Costs $ 4,025.00 Sec. 308 Requests  Minor Municipals:

Routine 350 24.76 $ 8,666.00 Form 2B: 156 54.76 $ 8,542.56 Form 2C: 158,829 54.76 $ 8,697,476.04 Form 2D:

Major New Facilities 1,840 54.76 $ 100,758.40 Minor New Facilities 10,304 54.76 $ 564,247.04 Sec. 308 Requests  Major Non

Municipal:

Routine 230 54.76 $ 12,594.80 Medium 1,200 54.76 $ 65,712.00 Testing/ Contractor Costs $ 6,112.50 Sec. 308 Requests  Minor Non

Municipal:

Routine 705 54.76 $ 38,605.80 Form 2E:

New Facilities 1,932 54.76 $ 105,796.32 Existing Facilities 36,288 54.76 $ 1,987,130.88 Form 2F: 1,716 54.76 $ 93,968.16 Form 2S: NPDES POTWs 25,622 24.76 $ 634,400.72 NPDES PrOTWs 4,315 24.76 $ 106,839.40 Sludge Only POTWs 7,917 24.76 $ 196,024.92 Sludge Only PrOTWs 1,114 24.76 $ 27,582.64 Testing/ Contractor Costs $ 138,210.00 70 Information Collection Activity Burden ( Total Hours/ Yr.) Respondent Labor Rate Respondent Costs NOI Storm water:

NOI Storm water Form 9,213 54.76 $ 504,503.88 SWPPP 41,600 54.76 $ 2,278,016.00 Alaskan Lands: 90 54.76 $ 4,928.40 MS4s: Large 469,834 24.76 $ 11,633,089.84 Medium 298,167 24.76 $ 7,382,614.92 NOI: 8,469 54.76 $ 463,762.44 Petition for Individual Permit: 960 54.76 $ 52,569.60 Permit Consolidation: 200 54.76 $ 10,952.00 Notice of Construction: 3 54.76 $ 164.28 Ocean Discharge: 23,340 54.76 $ 1,278,098.40 NOT: Construction 100,607 54.76 $ 5,509,239.32 MSGP ( Industrial  storm water) 3,429 54.76 $ 187,772.04 Respondent Subtotal 1,264,956 $ 48,530,803.06 Total 1,306,704 $ 50,664,584.14 6( b)( ii) Estimating State Respondent Costs State respondent costs are a function of labor costs. When calculating State respondent costs, EPA assumes the average hourly rate for State employees as determined by the U. S. Department of Labor, Bureau of Labor Statistics is $ 31.20. Updated rates are derived from Employer Costs for Employee Compensation, Table 3  Employer costs per hour worked for employee compensation and costs as a percent of total compensation: State and local government, by selected characteristics, June 2002. Cost for each information collection activity are detailed in Exhibit 23. This Exhibit utilizes the burden hours as detailed in Exhibit 19 and hourly rate of $ 31.20. 71 Exhibit 23. Annual State Respondent Costs Information Collection Activity State Cost Form 1: New Facilities $ 7,768.80 Existing Facilities $ 113,053.20 Form 2A: POTWs  1.0 MGD $ 49,046.40 POTWs 0.1  1.0 MGD $ 116,750.40 POTWs   0.1 MGD $ 94,536.00 Sec. 308 Requests  Major Municipals:

Routine $ 2,340.00 Medium $ 4,056.00 Complex $ 4,368.00 Sec. 308 Requests  Minor Municipals:

Routine $ 2,090.40 Form 2B: $ 390.00 Form 2C: $ 287,664.00 Form 2D:

Major New Facilities $ 0.00 Minor New Facilities $ 0.00 Sec. 308 Requests  Major Non Municipal:

Routine $ 1,372.80 Medium $ 7,176.00 Sec. 308 Requests  Minor Non Municipal:

Routine $ 4,212.00 Form 2E:

New Facilities $ 2,059.20 Existing Facilities $ 38,734.80 Form 2F: $ 3,912.48 Form 2S: 72 Information Collection Activity State Cost Part 1 only $ 1,024.30 Full application $ 16,702.61 NOI Storm water: $ 141,554.40 Alaskan Lands: $ 0.00 MS4s: Large $ 190,944.00 Medium $ 127,296.00 NOI: $ 63,367.20 Petition for Individual Permit: $ 15,740.80 Permit Consolidation: $ 1,497.60 Notice of Construction: $ 0.00 Ocean Discharge: $ 79,622.40 NOT: Construction $ 1,453,319.40 MSGP ( Industrial  storm water) $ 50,840.40 Total $ 2,881,439.58 6( b)( iii) Total Respondent Costs As detailed in Exhibits 22 and 23, EPA estimates the total respondent cost to be $ 54,546,024.

6( c) Estimating Agency Burden And Cost EPA estimates that the federal government will spend approximately 10,205 hours reviewing application information each year at a cost of $ 330,646.84.

Exhibit 24 calculates the estimated burden to federal governments for handling and reviewing application information discussed in this ICR. Because most State governments have authority for the NPDES programs, governments will incur the minority of the burden and costs. There are, however, some exceptions to this rule: the federal government will always 73 process Form 2D, Part 1 of Group Applications, Alaskan Lands Applications, and construction notifications. As a result,

the burden and costs for these activities will belong to the federal government exclusively.

The hourly employment cost of Federal employees was determined using the methodology established in previous ICRs. According to the U. S. Office of Personnel Management, 2002 General Schedule ( Table 2002 GS), the average annual salary of a government employee at the GS 9, Step 10 level is $ 44,783. At 2,080 hours per year, the hourly wage is $ 21.53.

Assuming overhead costs of 50 percent, or $ 10.76 per hour, the fully loaded cost of employment for a federal employee is $ 32.39. Exhibit 25 uses the burden estimates in Exhibit 24 to calculate annual costs to federal governments. Estimates of the burden and costs do not include analysis of the data, since this activity is associated with preparation and issuance of the permit. As Exhibit 24 indicates, the burden ranges from 0.25 hours ( for Notices of Intent) to 88 hours ( for Ocean Discharge Information). 74 Exhibit 24. Annual Agency Burden14 Information Collection Activity Respondents per year Federal Burden Burden Per Response Total Federal Burden Form 1: New Facilities 520 22 0.5 11 Existing Facilities 7,566 319 0.5 160 Form 2A: POTWs  1.0 MGD 821 35 2 70 POTWs 0.1  1.0 MGD 1,953 82 2 164 POTWs   0.1 MGD 1,582 67 2 134 Sec. 308 Requests  Major Municipals:

Routine 79 4 1 4 Medium 14 1 10 10 Complex 7 0 20 0 Sec. 308 Requests  Minor Municipals:

Routine 70 3 1 3 Form 2B: 26 1 0.5 1 Form 2C: 4,813 203 2 406 Form 2D: Major New Facilities 40 40 0.5 20 Minor New Facilities 322 322 0.5 161 Sec. 308 Requests  Major Non

Municipal: Routine 46 2 1 2 Medium 24 1 10 10 Sec. 308 Requests  Minor Non

Municipal: Routine 141 6 1 6 14 2000 US Census data population percentages have been applied to the respondent values to estimate those that report directly to EPA. 75 Information Collection Activity Respondents per year Federal Burden Burden Per Response Total Federal Burden Form 2E: New Facilities 138 6 0.5 3 Existing Facilities 2,592 109 0.5 54 Form 2F: 60 3 2.2 6 Form 2S: Part 1 only 424 375 0.67 251 Full application 3,236 2,859 1.42 4,060 NOI Storm water: 18,946 776 0.25 194 Alaskan Lands: 3 3 0.6 2 MS4s: Large 106 4 60 240 Medium 106 4 40 240 NOI: 8,469 347 0.25 87 Petition for Individual Permit: 24 1 8 8 Permit Consolidation: 100 4 0.5 2 Notice of Construction: 3 3 0.6 2 Ocean Discharge: 30 1 88 88 NOI: Construction 201,213 14,890 0.25 3,723 MSGP ( Industrial  storm water) 6,857 339 0.25 85 Total 260,330 20,831 10,205 Exhibit 25. Annual Agency Costs INFORMATION COLLECTION ACTIVITY FEDERAL COST Form 1: New Facilities $ 349.81 Existing Facilities $ 5,166.21 76 INFORMATION COLLECTION ACTIVITY FEDERAL COST Form 2A: POTWs  1.0 MGD $ 2,267.30 POTWs 0.1  1.0 MGD $ 5,311.96 POTWs   0.1 MGD $ 4,340.26 Sec. 308 Requests  Major Municipals:

Routine $ 129.56 Medium $ 323.90 Complex $ 0.00 Sec. 308 Requests  Minor Municipals:

Routine $ 97.17 Form 2B: $ 129.56 Form 2C: $ 13,150.34 Form 2D: Major New Facilities $ 647.80 Minor New Facilities $ 5,214.79 Sec. 308 Requests  Major Non Municipal:

Routine $ 64.78 Medium $ 323.90 Sec. 308 Requests  Minor Non Municipal:

Routine $ 194.34 Form 2E: New Facilities Existing Facilities $ 1,749.06 Form 2F: $ 194.34 77 INFORMATION COLLECTION ACTIVITY FEDERAL COST Form 2S: Part 1 only $ 8,129.89 Full application $ 131,503.40 NOI Storm water: $ 6,283.66 Alaskan Lands: $ 64.78 MS4s: Large $ 7,773.60 Medium $ 7,773.60 NOI: $ 2,809.83 Petition for Individual Permit: $ 259.12 Permit Consolidation: $ 64.78 Notice of Construction: $ 64.78 Ocean Discharge: $ 2,850.32 NOI: Construction $ 120,571.78 MSGP ( Industrial  storm water) $ 2,745.05 Total $ 330,646.84 6( d) Total Burden Hours And Costs, Master Tables Exhibit 26 presents the figures for total annual burden and costs to respondents and Agency. It summarizes burden and cost calculations in Exhibits 18, 19, 22, 23, 24, and 25.

EPA does not anticipate the annual respondent burden and cost will not vary significantly ( more than 25 percent) over the next three years. Therefore, this ICR does not include a separate master table for any of the years in particular. 78 Exhibit 26. Total Annual Burden for Respondents and Agency Annual Burden ( Hours) Annual Costs*

Applicant Respondents 1,306,704 $ 50,664,584.14 State Government Respondents 92,033 $ 2,881,439.58 Federal Agency 10,205 $ 330,646.84 Totals 1,408,941 $ 53,876,670.56 79 6( e) Reasons for Change in Burden Exhibits 27 and 28 present the change in the respondent burden for each information item covered by this ICR. ( Note

Previous burden estimates are drawn from the previous applications ICR ( OMB Control No. 2040 0086, ICR No. 0226.15,

approved April 11, 2000)). As shown in the following tables, this ICR estimates a decrease in applicant respondent burden from 1,990,775 to 1,306,704 which represents a ( 34.4)% decrease in applicant respondent burden. Alternatively, the state respondent burden has increased from 47,918 to 92,033 which represents a 92.1% increase in state respondent burden.

Exhibit 27. Change in Applicant Respondent Burden Information Collection Activity Burden Current ICR Burden Previous ICR Change ( hours) Type of Change Recordkeeping:

Existing Facilities 10,512 16,984 ( 6,472) Adjustment Major New Non Municipal Facilities 200 200 0

MS4s 1,060 190 870 Adjustment Minor New Non Municipal Facilities and Individual SW Permits 780 779 1 Adjustment Sludge Only Facilities ( Municipal) 1,365 652 713 Adjustment Sludge Only Facilities ( Non Municipal) 192 43 149 Adjustment NOI Storm water SWPPP 27,639 24,524 3,115 Adjustment Applicant Recordkeeping Subtotal: 41,748 43,373 ( 1,625)