Stormwater Phase II ICR June 2006 INFORMATION COLLECTION REQUEST: NPDES STORMWATER PROGRAM PHASE II June 2006 Prepared for U. S. Environmental Protection Agency Office of Wastewater Management 1200 Pennsylvania Avenue, N. W. Washington, DC 20460 EPA Contract Number EP C 05 046 EPA Work Assignment Number 0 24 Stormwater Phase II ICR June 2006 TABLE OF CONTENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION................................................... 1 1( a). TITLE OF THE INFORMATION COLLECTION................................................................ 1 1( b). SHORT CHARACTERIZATION/ ABSTRACT .................................................................... 1 2. NEED FOR AND USE OF THE COLLECTION......................................................................... 2 2( a). NEED AND AUTHORITY FOR THE COLLECTION......................................................... 2 2( b). PRACTICAL UTILITY AND USES OF THE INFORMATION .......................................... 3 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA............. 4 3( a). NONDUPLICATION............................................................................................................ 4 3( b). PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB .......................... 4 3( c). CONSULTATIONS.............................................................................................................. 4 3( d). EFFECTS OF LESS FREQUENT COLLECTION................................................................ 5 3( e). GENERAL GUIDELINES.................................................................................................... 5 3( f). CONFIDENTIALITY ........................................................................................................... 5 3( g) SENSITIVE QUESTIONS.................................................................................................... 5 4. THE RESPONDENTS AND THE INFORMATION REQUESTED............................................ 6 4( a). RESPONDENTS/ SIC CODES.............................................................................................. 6 Small MS4s....................................................................................................................... 6 Small Construction Sites.................................................................................................... 6 Industrial Facilities with No Exposure ............................................................................... 7 4( b). INFORMATION REQUESTED ........................................................................................... 7 Data Items, Including Recordkeeping Requirements .......................................................... 7 Respondent Activities...................................................................................................... 12 5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT .................................................. 15 5( a). AGENCY ACTIVITIES...................................................................................................... 15 5( b). COLLECTION METHODOLOGY AND MANAGEMENT............................................... 15 5( c). SMALL ENTITIY FLEXIBILITY...................................................................................... 15 Small MS4 Program........................................................................................................ 16 Construction Program..................................................................................................... 16 Industrial No Exposure.................................................................................................... 16 5( d). COLLECTION SCHEDULE............................................................................................... 16 Small MS4 Program........................................................................................................ 16 Construction Program..................................................................................................... 17 Industrial No Exposure.................................................................................................... 17 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION....................................... 17 6( a). ESTIMATING RESPONDENT BURDEN ......................................................................... 17 Burden on Small MS4 Respondents................................................................................. 17 Burden on Construction Respondents.............................................................................. 19 Burden on Industrial No Exposure Respondents .............................................................. 19 Burden on NPDES Authorized States ............................................................................. 20 6( b). ESTIMATING RESPONDENT COSTS ............................................................................. 21 Costs to Small MS4 Respondents .................................................................................... 21 Costs to Construction Respondents ................................................................................. 22 Stormwater Phase II ICR June 2006 Costs to Industrial No Exposure Respondents ................................................................. 23 Costs to NPDES Authorized States................................................................................. 23 6( c). ESTIMATING AGENCY BURDEN AND COST .............................................................. 24 Burden on the Agency..................................................................................................... 24 Agency Costs .................................................................................................................. 24 6( d). ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS25 Universe of Small MS4 Respondents ............................................................................... 25 Universe of Construction Respondents ............................................................................ 25 Universe of Industrial No Exposure Respondents ............................................................ 26 Estimating the NPDES Authorized State Universe .......................................................... 26 Total Burden and Costs................................................................................................... 27 6( e). BOTTOM LINE BURDEN HOURS AND COST............................................................... 28 Respondent Tally............................................................................................................. 28 Agency Tally................................................................................................................... 28 6( f). REASON FOR CHANGES IN BURDEN........................................................................... 29 6( g). BURDEN STATEMENT.................................................................................................... 30 ATTACHMENT A. Summary of Response to National Association of Homebuilders ( NAHB) Comments on Draft ICR ATTACHMENT B. Calculation of National Estimate of Construction NOIs ( 2004) Stormwater Phase II ICR June 2006 LIST OF TABLES Table 1. Burden on Each Small MS4 Respondent ........................................................................... 19 Table 2. Burden on Each Construction Respondent ........................................................................ 19 Table 3. Burden on Each Industrial No Exposure Respondent ........................................................ 20 Table 4. Burden on NPDES Authorized States for Administration of the Small MS4 Program........ 20 Table 5. Burden on NPDES Authorized States for Administration of the Small Construction Program............................................................................................................................ 21 Table 6. Burden on NPDES Authorized States for Processing and Review of Industrial No Exposure Forms ............................................................................................................................... 21 Table 7. Annual Costs to Each MS4 Respondent ............................................................................ 22 Table 8. Costs to Construction Respondents................................................................................... 22 Table 9. Costs to Industrial No Exposure Respondents................................................................... 23 Table 10. Costs to NPDES Authorized States .................................................................................. 23 Table 11. Agency Costs.................................................................................................................... 25 Table 12. Number of Respondents.................................................................................................... 26 Table 13. Number of Respondents in the NPDES Authorized State Universe ................................... 27 Table 14. Total Respondent Burden and Cost Estimates................................................................... 27 Table 15. Total NPDES Authorized State Burden and Costs ............................................................ 28 Table 16. Annual Estimated Respondent Burden and Cost Summary ................................................ 28 Table 17. Total Agency Burden and Costs........................................................................................ 29 Table 18. Change in Annual Burden and Costs ................................................................................. 30 Table 19. Burden Statement for Each Respondent ............................................................................ 30 Stormwater Phase II ICR June 2006 Page 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a). TITLE OF THE INFORMATION COLLECTION Title: NPDES Stormwater Program Phase II EPA ICR No. 1820.04 OMB Control No. 2040 0211 1( b). SHORT CHARACTERIZATION/ ABSTRACT This Information Collection Request ( ICR) renews OMB Number 2040 0211 ( NPDES Stormwater Program Phase II).

EPA's National Pollutant Discharge Elimination System ( NPDES) Permitting Program, as authorized by the Clean Water Act ( CWA), establishes regulations for the discharge of pollutants to waters of the United States, including discharges of stormwater. The first phase of the regulatory development effort applied to eleven categories of stormwater discharges associated with industrial activity and to discharges from municipal separate storm sewer systems ( MS4s) located in municipalities with a population of 100,000 or more. These are known as " Phase I" sources. The Phase I permitting regulations were promulgated on November 16, 1990 ( 55 FR 47990). Phase II of the regulatory development effort, promulgated on December 8, 1999 ( 64 FR 68722), regulates stormwater discharges from small municipal separate storm sewer systems and construction sites with activities disturbing one to five acres of land This Information Collection Request ( ICR) addresses Phase II of the NPDES stormwater program. Under the Phase II Rule, EPA regulates stormwater discharges from construction sites with activities disturbing equal to or greater than one acre and less than five acres of land, and MS4s located in Bureau of the Census designated " urbanized areas" that have not been previously regulated as a medium or large MS4. Additional construction sites and small MS4s may be designated by the NPDES permitting authority. NPDES permits provide the mechanism for establishing appropriate controls on these Phase II sources. The Phase II Rule also includes a provision that allows industrial facilities regulated under Phase I of the NPDES stormwater program to obtain an exclusion from NPDES permitting requirements if they can certify to a condition of " no exposure" on their site. Small construction sites and small MS4s were required to apply for permit coverage effective March 10, 2003.

NPDES permitting authorities, including the Water Permits Division of the EPA Office of Wastewater Management, use the data contained in stormwater permit applications, construction waiver certifications, stormwater pollution prevention plans ( SWPPPs), no exposure certifications, and reports to set appropriate permit conditions, track discharges covered by stormwater permits, and assess permit compliance. Other organizations, including EPA's Office of Enforcement and Compliance ( OECA) and environmental groups, use the same collected information to assess the regulated community's level of compliance and to measure the overall effectiveness of the NPDES stormwater program.

Respondents submit information for construction sites with activities disturbing equal to or greater than one acre and less than five acres of land in both electronic and paper form. In either case, the information is entered into a computer database and any original documents are be filed. The information is submitted by the respondents directly to each NPDES authorized state or Territory, or to EPA in areas Stormwater Phase II ICR June 2006 Page 2 where EPA is the NPDES permitting authority. In 2003 EPA launched an electronic, completely paperless, online permit application system ( eNOI) to be used by areas where EPA is the NPDES permitting authority. In 2005 as many as 70% of applications were filed electronically. Approximately five NPDES authorized states also allow for electronic submission of applications with numerous others in the process of developing similar systems. EPA estimates the burden for applicants is similar for filing a paper NOI or filing electronically ( although operators will be authorized to discharge more quickly by filing electronic submissions).

The calculations performed for this ICR cover the burden and costs for the Agency ( EPA), NPDESauthorized States, and three types of respondents, including regulated small MS4s, small construction sites, and industrial " no exposure" facilities. This ICR estimates a burden of 3,517,251 hours annually for 135,863 respondents, excluding state respondents. Burden for the state respondents is179,025 hours annually. Agency burden is 10,556 hours.

2. NEED FOR AND USE OF THE COLLECTION 2( a). NEED AND AUTHORITY FOR THE COLLECTION The purpose of the Clean Water Act ( CWA) is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters. To meet that end, the CWA establishes the NPDES program to regulate the discharge of any pollutant or combination of pollutants from point sources into waters of the United States.

EPA and state NPDES permitting authorities issue permits to discharge stormwater under Phase II of the NPDES stormwater program and need the information collection in order to:   Ensure coverage of small regulated MS4s and small construction sites, primarily under NPDES general permits,   Identify facilities that wish to forego NPDES stormwater permit coverage by certifying that a condition of no exposure exists on their site,   Identify the need to issue an individual permit in cases where a general permit will not adequately meet the objectives of the CWA,   Provide a data source from which future NPDES stormwater general permits will be developed with appropriate requirements and permit conditions that meet the objectives of the CWA,   Identify proper Best Management Practices in small MS4s,   Determine compliance with general permits and no exposure requirements,   Compile statistics on national permit issuance, backlog, and compliance rates,   Evaluate nationwide or area wide water quality,   Ensure consistency in stormwater permitting,   Prioritize permit issuance activities,   Develop appropriate policy and budgets,   Perform cost benefit analyses,   Respond to complaints from the public of possible non compliance with permit conditions or no exposure certifications, and   Respond to Congressional and public inquiries. Stormwater Phase II ICR June 2006 Page 3 CWA Section 402( a), as amended, authorizes the EPA Administrator to issue permits for the discharge of pollutants if those discharges meet all applicable requirements of CWA Sections 301, 302, 306, 307, 308, and 403, or any conditions the Administrator determines are necessary to carry out the provisions and objectives of the CWA. The authorization to issue permits for stormwater discharges in particular is provided at Section 402( p). NPDES stormwater regulations are found in 40 CFR ' 122.26.

CWA Section 308 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 not only requires the submittal of basic permit information or applications, but also occasionally requests information that supplements such information. EPA calls this information request a Section 308 Request, or a request for supplemental information.

2( b). PRACTICAL UTILITY AND USES OF THE INFORMATION Information is collected from three types of respondents: small MS4s, small construction sites, and industrial no exposure facilities. All entities covered under the Phase II Rule are required to submit some information. This information will vary in its detail and scope based on the type of respondent. The majority of small MS4s and small construction sites use Notice of Intent ( NOI) and Notice of Termination ( NOT) forms appropriate for the type of general permit they are seeking as a means to provide basic information. In some instances, small MS4s are expected to file individual permit applications for coverage under an individual permit. For small MS4s, the burden associated with applying for and operating under an individual permit is assumed to be identical to that of obtaining coverage under a small MS4 general permit. Industrial facilities seeking the no exposure exclusion from permitting use the No Exposure Certification Form ( NPDES Form 3510 11).

EPA and NPDES authorized States use basic information ( i. e., name, location, contact person, address, phone number) collected from regulated small MS4s to uniquely identify each applicant seeking permit coverage and to establish a contact person. More detailed information collected is used for identifying Best Management Practices ( BMPs) used within MS4s, evaluating the effectiveness of BMPs, determining compliance with the terms of the permit, identifying where problems associated with attaining the Maximum Extent Practicable ( MEP) standard exist, and recommending adjustment to such problems and/ or BMPs as necessary. In addition, this information can be used further at the time of permit renewal to ensure that appropriate measures are taken by the operator to revise its stormwater control program as needed. Operators of small MS4s are also required to provide annual reports that include a self assessment of progress toward measurable goals that were established as permit conditions.

Like the information collected from small MS4s, EPA and NPDES authorized States use basic information ( i. e., name, location, contact person, address, telephone number) collected from small construction sites to uniquely identify each applicant seeking permit coverage and to establish a contact person. Operators of small construction sites also have to provide information that can be used by the NPDES permitting authority to track the site= s compliance with permit requirements. EPA and other NPDES permitting authorities use the Notice of Termination ( NOT) to end permit coverage for the construction site, which submits the NOT, assuming that all construction activity has ended or the operator has changed. Stormwater Phase II ICR June 2006 Page 4 NPDES permitting authorities use information collected from operators of Phase I industrial facilities to uniquely identify each operator and to ensure that a condition of no exposure indeed exists.

Ultimately, EPA uses information collected under Phase II of the stormwater program in conjunction with data that has been and continues to be collected under Phase I, allowing for more comprehensive and holistic management of pollutant sources.

EPA uses the information submitted under the Phase II Rule to develop reports on permit issuance, backlog, and compliance rates. EPA also uses the information to respond to public and Congressional inquiries, develop and guide its policies, formulate its budgets, and manage its programs to ensure national consistency in permitting. For the most part, States and territories authorized to implement the NPDES permitting program manage and use the data in a similar fashion to that of EPA and as such incur similar types of burden.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a). NONDUPLICATION EPA has examined all other reporting requirements contained in the CWA 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 no government information collection activity duplicates the information requested by the Phase II Rule and therefore has no other way to obtain the information addressed in this ICR.

3( b). PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB The ICR was published in the Federal Register on March 7, 2006. The notice included a request for comments on the content and impact on the regulated community. EPA received one set of comments, from the National Association of Homebuilders ( NAHB). A summary of comment responses is provided as Attachment A of this supporting statement.

3( c). CONSULTATIONS EPA finalized the requirements addressed in this ICR after receiving comments from the public and the regulated community during rulemaking. The Agency actively sought comment and input as it developed the regulations and allowed 90 days for comments to be submitted on the original ICR, which was published on July 19, 1999. EPA chartered a Federal Advisory Committee under the Federal Advisory Committee Act ( FACA) that included a Stormwater Phase II Subcommittee to provide direction, input, and comment throughout the development of the Phase II Rule. The Subcommittee consisted of a variety Stormwater Phase II ICR June 2006 Page 5 of interested stakeholders including industry and trade organizations, environmental groups, environmental justice representatives, and municipal, State, and public works associations.

3( d). EFFECTS OF LESS FREQUENT COLLECTION The CWA prohibits NPDES permits from having terms longer than five years. It is a statutory requirement that permitted entities reapply for coverage under NPDES stormwater permits before their existing permits expire, generally once every five years. Similarly, industrial activities claiming no exposure must notify their permitting authority at least once every five years.

The Phase II Rule requires operators of regulated small MS4s to submit reports to the NPDES permitting authority on an annual basis during the first term, and in permit years two and four in subsequent permit terms. These reports must include information on the status of the operator= s chosen stormwater management activities and practices ( and may include monitoring data) which will provide the NPDES permitting authority with information to adequately assess the effectiveness of the small MS4 program. These periodic reports are essential to provide the appropriate feedback on the MS4= s implemented and planned pollutant controls for its program and to ensure that the MS4 is in compliance with the conditions of its permit. Once the information gathered and reports submitted during the first permit term have adequately characterized the discharges and the controls used to reduce the addition of pollutants to discharges, the need to submit information regarding the performance of the small MS4 program decreases. This is reflected by the requirement that, instead of annual reports, the operator of a regulated small MS4 must submit a report at the end of years two and four of subsequent permit terms. Under this ICR the majority of regulated MS4s will still be covered by their first NPDES permit, and it will be assumed that these MS4s will submit annual reports for each of the three years of this ICR.

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 Although highly unlikely, this information collection 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 ' 122.7, 40 CFR Part 2, and EPA's Security Manual Part III, Chapter 9, dated August 9, 1976. However, CWA ' 308( b) specifically states that effluent data may not be treated as confidential.

3( g) SENSITIVE QUESTIONS This information collection does not include sensitive questions. Stormwater Phase II ICR June 2006 Page 6 4. THE RESPONDENTS AND THE INFORMATION REQUESTED This chapter discusses the information requested from regulated small MS4s, small construction sites, and Phase I industrial facilities with no exposure.

4( a). RESPONDENTS/ SIC CODES Small MS4s An MS4 is any publicly owned conveyance or system of conveyances ( including roads with drainage systems, municipal streets, gutters, and ditches) that is/ are designed or used for collecting or conveying stormwater. 1 A small MS4 is any MS4 not already covered by Phase I of the NPDES stormwater program as a medium or large MS4. A Phase II regulated small MS4 is any small MS4 that is:

  Located in a Bureau of the Census designated urbanized area,   Located in an area that meets the criteria for designation by the NPDES permitting authority ( the designation criteria must be applied to those governmental entities located outside of an urbanized area with a population of at least 10,000 and a population density of at least 1,000 persons per square mile), or   Found by the NPDES permitting authority to be contributing substantially to the stormwater pollutant loadings of a physically interconnected regulated MS4.

Small Construction Sites The construction activities subject to Phase II permit coverage include clearing, grading, and excavation activities that result in a disturbance of equal to or greater than 1 acre and less than 5 acres of total land area. Activities that disturb less than one acre are not required to submit a permit application unless they are part of a larger common plan of development or sale resulting in a planned disturbance of 1 acre or more, or are designated by the NPDES permitting authority to be permitted due to the potential to contribute to water quality impairment.

Relevant SIC codes may include the following:

  1522: General Contractors  Residential Buildings, Other than Single Family   1531: Operative Builders   1541: General Contractors  Industrial Buildings and Warehouses   1542: General Contractors  Nonresidential Buildings, Other Than Industrial Buildings and Warehouses   1611: Highway and Street Construction, Except Elevated Highways   1622: Bridge, Tunnel, and Elevated Highway Construction   1623: Water, Sewer, Pipeline, and Communications and Power Line   1629: Heavy Construction, Not Elsewhere Classified   1794: Excavation Work 1 The full definition of an MS4 may be found at 40 CFR ' 122.26( b)( 8) Stormwater Phase II ICR June 2006 Page 7 Industrial Facilities with No Exposure With the Phase II Rule came a change in the scope of facilities that could be excluded from permit requirements under a provision of Ano <EMAIL_ADDRESS>Formerly, only light industrial facilities in category ( xi) of the definition of stormwater associated with industrial activity were able to forego permit coverage, and then only if a condition of no exposure existed. Phase II added a section at 40 CFR ' 122.26( g) called the Conditional Exclusion for No Exposure of Industrial Activities and Materials to Stormwater. This no exposure provision applies to all classes of industrial activities discharging stormwater that are defined at 40 CFR '' 122.26( b)( 14)( i)( xi), except for construction activity defined at 40 CFR ' 122.26( b)( 14)( x) or industrial sources individually designated by the NPDES permitting authority. It excludes them from the requirement to seek coverage under an NPDES stormwater permit if they can certify that they have no exposure of industrial activities, materials, or product handling equipment to stormwater.

The affected categories include:

  Category ( i): Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutants effluent standards under 40 CFR, Subchapter N,   Category ( ii): SIC codes 24 ( except 2434), 26 ( except 265 and 267), 28 ( except 283and 285), 29, 311, 32 ( except 323), 33, 3441, and 373,   Category ( iii): SIC codes 10, 11, 12, 13, and 14,   Category ( iv): Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA,   Category ( v): Landfills, land application sites, and open dumps that receive or have received any industrial wastes including those that are subject to regulation under Subtitle D of RCRA,   Category ( vi): SIC codes 5015 and 5093,   Category ( vii): Steam electric power generating facilities, including coal handling sites,   Category ( viii): Transportation facilities classified as SIC codes 40, 41, 42 ( except 4221 45), 43, 44, 45, and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport de icing operations,   Category ( ix): Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, and   Category ( xi): SIC codes 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 ( except 311), 323, 34 ( except 3441), 35, 36, 37 ( except 373), 38, 39, 4221, 4222, and 4225.

4( b). INFORMATION REQUESTED This section presents the data items, including recordkeeping requirements, and required respondent activities involved in preparing and submitting those data items.

Data Items, Including Recordkeeping Requirements Small MS4s A waiver from the permitting requirements may be available for certain regulated small MS4s as determined by the NPDES permitting authority. EPA expects that all waiver determinations will be made by the NPDES permitting authorities prior to issuance of the small MS4 general permit, thus negating the Stormwater Phase II ICR June 2006 Page 8 need to submit a waiver request. Therefore, this ICR does not include any costs associated with a waiver request.

Operators of small MS4s that are to be covered under a Phase II municipal stormwater permit must prepare and submit a permit application or NOI, perform recordkeeping, and prepare and submit annual reports.

EPA provides three options that an operator can follow to apply for Phase II permit coverage: ( 1) complete and file an NOI under a general permit; ( 2) complete and file an individual application for an individual permit; or ( 3) apply to be a co permittee under an existing Phase I MS4 individual permit through a modification of the permit. EPA expects few of the small MS4 respondents to submit an individual permit application or seek a modification of an existing Phase I permit, due in part to the fact that the burden hours and costs associated with a general permit typically are less than the burden and costs associated with these other two options. If a small MS4 chooses to submit an individual permit, the Phase II Rule includes simplified individual permit application requirements that are consistent with those for the general permit NOI. Therefore, this ICR assumes that the burden associated with the individual or general permit are the same.

Notice of Intent ( NOI) or Individual Permit Application Permit coverage, and submittal of an NOI if the general permit option is chosen or a permit application if the individual permit option is chosen, is required under 40 CFR ' 122.33( a). The information requested on the NOI or application must include, at a minimum, the following elements:

  Name of the small MS4 and the name, address, and phone number of a contact person at the MS4,   A list of the BMPs that are to be implemented for each of the six required minimum control measures,   A schedule detailing when the BMPs are to be implemented and completed, or an indication of the frequency of the actions to be undertaken,   The measurable goals to be achieved for each of the required six minimum control measures, and   A certification that the information provided is true and complete.

Annual Reports Under 40 CFR ' 122.34( g)( 3), the Phase II Rule requires operators of regulated small MS4s to prepare and submit annual reports to the NPDES permitting authority during the first five year permit term and twice per permit term thereafter. EPA intends the report to be either a narrative document or an annual report form provided by the permitting authority. The rule requires the following information to be submitted:

  Status of compliance with permit conditions, including identified BMPs and progress toward achievement of measurable goals for each minimum measure,   Any information collected and analyzed, including monitoring data,   A summary of activities to be undertaken in next reporting cycle, and   Any change in identified measurable goals that apply to program elements. Stormwater Phase II ICR June 2006 Page 9 Recordkeeping Under 40 CFR ' 122.34( g)( 2), the Phase II Rule requires records related to the permit application and any supporting documentation for the annual reports to be filed and kept for at least three years.

Small Construction Sites Waiver Certification The Phase II Rule allows for a waiver to be provided to any operator of a construction site covered by Phase II that can certify to at least one of the two waiver conditions. To obtain a waiver, a written certification by the operator must be provided to the NPDES permitting authority. The waiver conditions are:

  Low rainfall potential. The value of the rainfall erosivity factor ( AR@ in the Revised Universal Soil Loss Equation) must be less than 5 during the period of construction activity, or   A determination that stormwater controls are not needed based on an EPA approved Atotal maximum daily load@ ( TMDL) that addresses the pollutants of concern or, if a TMDL has not been developed or approved, an equivalent analysis that determines sources and allocations for the pollutants of concern.

The information requested on the Waiver Certification form includes, at a minimum, the following elements:

  Name and address of the small construction site operator, and   R factor calculation, including the final calculated R factor for the site, and   A signed certification statement.

Notice of Intent ( NOI) The rule requires operators covered under Phase II of the stormwater program to complete an NOI or an individual application and develop and implement a stormwater pollution prevention plan that includes proper erosion and sediment controls.

Stormwater discharges associated with construction activity exist in vast numbers. EPA has recognized that the burden to issue individual permits to each discharger would be prohibitive. EPA expects to use, and encourage the use of, a general permit option and standardized application forms for construction activities regulated under Phase II. EPA expects that all operators of Phase II construction sites will submit a Notice of Intent ( NOI) for coverage under a general permit, similar to the NOI required for the Phase I construction permit.

Although the rule allows the option of submitting individual applications instead of an NOI, EPA expects few, if any, operators will choose this option. Because EPA expects no respondents for this activity, the burden and costs associated with the preparation and submittal of an individual application are not necessary for this ICR. However, the information required for an individual stormwater application, Forms 1 and 2F, is included in the " NPDES Applications" ICR, OMB Control Number 2040 0086.

Federal regulations require, at a minimum, that applicants provide the following information in their NOI: Stormwater Phase II ICR June 2006 Page 10   The legal name and address of the owner or operator,   The facility name and address,   The type of facility or discharges, and   The name of the receiving water( s).

When NPDES permitting authorities issue general permits, they may require additional information to be submitted with the NOI that is deemed necessary to ensure that facilities covered under the permits comply with the objectives and provisions of the CWA. However, NPDES permitting authorities typically use general permits to minimize the burden associated with reviewing application information. Consequently, applicants are usually required to provide simple, easily obtainable data in their NOIs.

EPA has issued an NOI that applies to both Phase I and Phase II of the construction stormwater program. Entities within the construction industry and their industry organizations are familiar with the idea of an NOI as a means of seeking coverage under Phase I of the stormwater program. This approach therefore avoids requiring affected entities to learn a new application method or form. Authorized state NPDES permitting authorities use similar approaches to that of EPA. Burden and costs associated with the Phase I NOI for construction activity is included in the " NPDES Phase I Stormwater Construction" ICR, OMB Control Number 2040 0188.

Following, is the type of information requested in stormwater construction NOIs for coverage under a general permit:

  Name, address, and phone number of the construction site operator,   Name and location of the construction site,   Address of the location of the stormwater pollution prevention plan ( SWPPP),   Estimated construction start date and completion date,   Estimated land area to be disturbed, and   For EPA issued permits, whether any endangered or threatened species or historic properties are in proximity to stormwater discharges or best management practices ( BMPs) to be constructed for the discharges.

NOT Upon completion of construction and final stabilization of the disturbed area, the operator of the permitted construction site is required to submit an NOT to the NPDES permitting authority. Similar to an NOI, the NOT is an existing form that is already being used by the operators of Phase I construction sites. Following, is the type of information generally required on NOT forms:

  NPDES stormwater permit number,   Name, address, and phone number of the site operator,   Name and address of the site, and   Certification of eligibility for filing the NOT ( e. g., the stormwater discharge has been eliminated or the person filing the NOT is no longer the operator of the site).

Stormwater Pollution Prevention Plan ( SWPPP) Stormwater Phase II ICR June 2006 Page 11 As a Phase I NPDES construction permit condition, EPA requires operators of construction sites regulated under Phase II to develop a SWPPP, the main components of which are required under 40 CFR ' 122.26( c)( 1)( ii). Typically, a SWPPP is maintained on site and not submitted to the permitting authority. The development of a SWPPP is unique to each construction site even though they are based on common required elements. The SWPPP should include:

  A site plan, including proper erosion and sediment controls and stormwater management,   A pollution prevention site map, and   An inspection and maintenance plan.

The Construction General Permit ( CGP) also requires that operators perform routine site inspections to assess the effectiveness of the SWPPP and associated BMPs and maintain records of those inspections on site as part of the SWPPP documentation.

Recordkeeping The rule requires that the SWPPP and copies of the NOI ( or other permit application) or waiver certification be kept on site. The SWPPP also requires the construction site owner or operator to keep records of bi weekly inspections of their BMPs used for erosion and sediment control. The operator must also keep a copy of the NOT and supporting documentation on file for a period of three years.

Industrial Facilities with No Exposure No Exposure Certification To obtain the no exposure exclusion from permitting, the Phase II Rule requires operators of industrial facilities identified in the categories under 40 CFR ' 122.26( b)( 14) to submit to the NPDES permitting authority a written certification that a condition of no exposure exists. The Phase II Rule includes a form for this purpose entitled No Exposure Certification for Exclusion from NPDES Stormwater Permitting ( NPDES Form 3510 11).

The following information, requested in the No Exposure Certification for Exclusion from NPDES Stormwater Permitting form, is required to be submitted in the certification:

  Name, address, phone number of facility operator   Name and address of facility   Whether the facility is located on Indian lands or is a Federal Facility   The latitude and longitude location of the facility   The total size of the site associated with industrial activity   Whether the facility or site was previously covered by a NPDES permit and, if so, the permit number   The primary and secondary SIC codes for the facility   Whether any formerly exposed, pervious area has been paved or roofed over and, if so, how much   Whether any of the following materials or activities are exposed to precipitation, now or in the foreseeable future: o Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed Stormwater Phase II ICR June 2006 Page 12 to stormwater o Materials or residuals on the ground or in stormwater inlets from spills/ leaks o Materials or products from past industrial activity o Material handling equipment ( except adequately maintained vehicles) o Materials or products during loading/ unloading or transporting activities o Materials or products stored outdoors ( except final products intended for outside use [ e. g., new cars] where exposure to stormwater does not result in the discharge of pollutants) o Materials contained in open, deteriorated or leaking storage drums, barrels, tanks, and similar containers o Materials or products handled/ stored on roads or railways owned or maintained by the discharger o Waste materials ( except waste in covered, non leaking containers [ e. g., dumpsters]) o Application or disposal of process wastewater ( unless otherwise permitted) o Particulate matter or visible deposits of residuals from roof stacks and/ or vents not otherwise regulated ( i. e., under an air quality control permit) and in quantities detectable in the stormwater outflow.

The certification must be re submitted once every five years. If conditions change during the five year period such that exposure exists, the operator must obtain coverage under an NPDES permit immediately.

Respondent Activities Small MS4s Respondent activities can vary substantially depending on the characteristics of the regulated small MS4 respondent and the area being served. However, the common activities for each of the data items listed are explained in this section.

Notice of Intent ( NOI) or Individual Permit Application Any particular regulated small MS4 respondent preparing and submitting an NOI or individual permit application may engage in the following types of activities:   Preparing basic information. This can include reading instructions and regulations for application requirements, consulting technical and legal and elected officials, reviewing guidance materials, gathering general information, typing or completing forms, and mailing completed forms to the NPDES permitting authority.   Gathering detailed information. Detailed information gathered may include topographic maps, data on effluent characteristics, financial estimates ( i. e., available funds and staff resources), engineering data, data on effective erosion and sediment and stormwater management BMPs, data on local development patterns, information on stormwater management programs and related activities being performed by another entity, or any information required by the NPDES permitting authorities to be submitted.   Maintaining records. All NPDES permit applicants must keep records of the data used to complete their applications for at least three years. Applicants may need to develop a recordkeeping system, enter data, train personnel, and file information. Stormwater Phase II ICR June 2006 Page 13 Annual Reports Any particular regulated small MS4 respondent preparing and submitting an annual report may engage in the following types of activities:

  Preparing basic information. This can include reading instructions and regulations for report requirements, consulting technical, legal, and political staff, reviewing guidance materials, gathering general information, typing or completing forms or generating reports, and mailing completed forms or reports to the NPDES permitting authority.   Gathering detailed information. Detailed information gathered may include progress reports from those persons/ governmental departments responsible for implementing the chosen BMPs, financial estimates, monitoring data, visual inspection data, compliance/ enforcement data, public opinion and awareness surveys, or any information required by the NPDES permitting authorities to be submitted with the annual reports.   Maintaining records. All NPDES permit applicants must keep records of the data used to complete their annual reports for at least three years. Applicants may need to develop a recordkeeping system, enter data, train personnel, and file information.

Small Construction Sites Respondent activities can vary substantially, depending on the type of construction and the characteristics of the construction site. However, the common activities for each of the data items listed are explained in this section.

Waiver Certification Any particular construction respondent preparing and submitting a waiver certification may engage in the following types of activities:

  Preparing basic information. This can include reading instructions and regulations for waiver requirements, consulting technical and legal staff, reviewing guidance materials, gathering general information, typing or completing forms, and mailing completed forms and/ or letters to the NPDES permitting authority.   Maintaining records. All NPDES permit applicants must keep records of the data used to complete their certification form/ letter for at least three years. Respondents may need to develop a recordkeeping system, enter data, train personnel, and file information.

Notice of Intent ( NOI) Any particular construction respondent preparing and submitting an NOI may engage in the following types of activities:

  Preparing basic information. This can include reading instructions and regulations for application requirements, consulting technical and legal staff, reviewing guidance materials, gathering general information, typing or completing forms, and mailing completed forms to the NPDES permitting authority.   Maintaining records. All NPDES permit applicants must keep records of the data used to complete their applications for at least three years. Applicants may need to develop a Stormwater Phase II ICR June 2006 Page 14 recordkeeping system, enter data, train personnel, and file information.

SWPPP Any particular construction respondent developing a SWPPP may engage in the following types of activities:

  Preparing basic information. This can include reading instructions and regulations for SWPPP requirements, consulting technical staff, reviewing guidance materials, gathering general site information ( e. g., area, slope, soils, runoff coefficient), and developing a plan for SWPPP preparation.   Gathering detailed information. Detailed information gathered may include a pollution prevention site map, topographic maps, water flow process line drawings, data on production levels, data on effluent characteristics, financial estimates, engineering data, data on effective erosion and sediment and stormwater management BMPs, or other information required by NPDES permitting authorities to be included in a SWPPP.   Maintaining records. All NPDES permit applicants must keep records for at least three years. This includes generating records of bi weekly inspections of the site for proper implementation and maintenance of BMs. Also, SWPPPs must be maintained on site for the duration of the permit. Respondents may need to develop a recordkeeping system, enter data, train personnel, and file information.

NOT Any particular construction respondent preparing and submitting an NOT may engage in the following types of activities:

  Preparing basic information. This can include reading instructions and regulations for report requirements, consulting technical staff, gathering general information, typing or completing forms, and mailing completed forms to the NPDES permitting authority.   Maintaining records. All NPDES permit applicants must keep records of the data used to complete their NOTs for at least three years.

Industrial Facilities with No Exposure The only respondent activity will be completion and submittal of the no exposure certification. The level of effort involved in this activity may vary substantially, depending on the size and number of activities occurring at an industrial site. However, any particular industrial no exposure respondent may be expected to engage in the following types of activities:

  Preparing basic information. This can include reading instructions and regulations for no exposure requirements, consulting technical and legal staff, reviewing guidance materials, gathering general information, typing or completing forms, and mailing completed forms to the NPDES permitting authority and the operator of the MS4 that the industrial site discharges into.   Gathering detailed information. Detailed information gathered may include visual inspection information, an inventory of site activities and materials, or any information required by NPDES permitting authorities to be submitted with the no exposure certification.   Maintaining records. All NPDES permit applicants must keep records of the data used to Stormwater Phase II ICR June 2006 Page 15 complete their certifications for at least three years. Applicants may need to develop a recordkeeping system, enter data, train personnel, and file information.

5. THE INFORMATION COLLECTED: AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a). AGENCY ACTIVITIES The Agency's activities as the NPDES permitting authority for five states, the District of Columbia, and all U. S. Territories except the Virgin Islands are exactly the same as the activities of the 45 NPDES authorized States and the Virgin Islands and consist of the following:

  Processing and reviewing small MS4 NOIs and annual reports,   Processing and reviewing construction permit waiver certifications, NOIs, and NOTs, and   Processing and reviewing industrial no exposure certifications.

5( b). COLLECTION METHODOLOGY AND MANAGEMENT In collecting and analyzing the information associated with this ICR, EPA will use paper based forms, personal computers, and a database to ultimately store the information. EPA will ensure accuracy and completeness of the information by reviewing each submittal. Any form that is considered inaccurate or incomplete will not be accepted and will be returned to the sender with a letter requesting the missing and/ or inaccurate information.

5( c). SMALL ENTITIY FLEXIBILITY Phase II of the stormwater program is subject to the requirements of the Regulatory Flexibility Act of 1980 ( RFA) as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 ( SBREFA). For the SBREFA analysis, EPA used the definitions of small businesses, municipalities, and not for profit organizations established by the Small Business Administration ( SBA) and the RFA. The SBA defines small businesses based on Standard Industrial Classification ( SIC) and size standards expressed either in number of employees or annual receipts in millions of dollars ( 13 CFR ' 121.20). To evaluate the economic impact on small entities involved in the construction activity affected by the rule, EPA looked at the number of building contractors considered to be small businesses. For this SIC ( SIC 15XX), the size standard is up to $ 17 million in annual revenues. As part of rulemaking, EPA estimated that approximately 187,610 small construction businesses met this definition, out of a total of 189,453 covered by the rule.

The RFA defines small governmental jurisdictions and organizations ( EPA, 1992). A small government is the government of a city, county, town, school district, or special district or tribal jurisdiction with a population of fewer than 50,000. EPA identified 4,746 small governments that meet this definition and are covered by the rule. A small organization is any not for profit enterprise that is independently owned and operated, and is not dominant in its field. EPA did not identify any not for profit organizations that would be affected by the rule. Stormwater Phase II ICR June 2006 Page 16 Over the last few years, EPA has reduced reporting burdens on entities of all sizes. Applicants for stormwater permits, for instance, do not need to submit any sampling data. The Agency specifically developed the general permit procedures to greatly reduce burden hours and costs associated with the individual application process.

Small MS4 Program EPA believes that the application requirements in the Phase II Rule provide the minimum information required to adequately assess the current and future impacts of the small MS4 discharges upon waters of the United States. The NOI and individual permit application requirements for regulated small MS4s represent substantially reduced application requirements from those of the Phase I stormwater regulation for medium and large MS4s.

Construction Program The construction NOI, which EPA expects will be by far the most widely used form of application for construction sources, requests minimal information required to characterize the facility and the construction activity. NOIs are submitted infrequently, typically once for each construction activity; twice if the construction activity continues beyond the expiration date of the general permit. The rule allows the NPDES permitting authority the discretion not to require submittal of NOIs under their general permit for Phase II construction sources. Even through they have this option, EPA expects that all NPDES permitting authorities will require NOIs ( or something similar) for tracking purposes.

Industrial No Exposure In general, the no exposure provision of the Phase II Rule allows regulatory relief for small industrial entities with no exposure. For a few small entities, defined later in this ICR, the information collection burden will increase slightly by an estimated 45 minutes due to the need to submit a waiver certification.

5( d). COLLECTION SCHEDULE Small MS4 Program NOI and Individual Permit Application Federal regulations specify that permits be issued for a maximum five year term. Therefore permittees must reapply for permits at least every five years, although the regulations grant permit writers the authority to impose more frequent reissuance. When calculating burden, this ICR assumes that all permit applicants follow this schedule.

Annual Reports Under 40 CFR ' 122.34( g)( 3), the Phase II Rule requires operators of regulated small MS4s to prepare and submit annual reports to the NPDES permitting authority during the first five year permit term and twice per permit term thereafter. Stormwater Phase II ICR June 2006 Page 17 Construction Program Waiver Certification The waiver certification is to be submitted prior to the start of construction activity.

NOI Federal regulations require that general permits be issued for a maximum five year term. Therefore permittees must reapply for permits at least every five years, although the regulations grant permit writers the authority to impose more frequent reissuance. All small construction sites that wish to be covered under a general permit must apply for the general permit that is available at the time. When calculating burden, this ICR assumes that all permit applicants follow this schedule.

SWPPP The SWPPP is typically not collected from construction operators unless the permitting authority finds it necessary to review it for compliance assurance purposes.

NOT An NOT is submitted once for a construction site when coverage under the permit is no longer necessary.

Industrial No Exposure No Exposure Certification Similar to an NOI, a no exposure certification must be submitted to the NPDES permitting authority at least once every five years.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a). ESTIMATING RESPONDENT BURDEN This section presents estimated respondent burden for each information request under the Phase II Rule. The respondents include regulated small MS4s, small construction sites, and Phase I industrial facilities with a condition of no exposure. The 45 NPDES authorized States and the Virgin Islands are also included as respondents in this section.

Burden on Small MS4 Respondents The respondent activities for operators of regulated small MS4s include the submittal of an NOI or individual permit application, recordkeeping, and the preparation and submittal of annual reports. Total burden estimates for regulated small MS4s are presented here in Table 1. Annual burden is estimated by dividing the total burden incurred over a five year permit term by five. The MS4 NOI/ permit application burden estimates provided in the following Tables are presented as " NOI" estimates but do include those MS4s that opt to use the individual permit application option available in 40 CFR ' 122.33( b)( 2). The Phase II Rule required regulated small MS4s to have submitted their initial NOIs or permit applications by March 2003. The burden estimates in this ICR for NOIs are significantly lower than the previous ICR to account for the fact that renewal NOIs require creation of little new information and represent more of a compilation of existing activities performed to date, similar to the burden estimated previously for annual reports. Stormwater Phase II ICR June 2006 Page 18 Stormwater Phase II ICR June 2006 Page 19 Table 1. Burden on Each Small MS4 Respondent Information Collection Activity Five Year MS4 Burden ( hours) Average Annual MS4 Burden ( hours) NOI preparation & submittal 100 20.0 Record keeping 14 2.8 Annual report preparation & submittal 500 100.0 Total 122.8 Burden on Construction Respondents The respondent activities for construction sources include the preparation and submittal of a waiver certification or the preparation and submittal of an NOI, the development of a SWPPP, preparation and submittal of an NOT, routine inspections, and recordkeeping. Burden estimates for small construction respondents are presented in Table 2. Although construction activities may be covered by an NPDES permit for five years or longer, based on data from EPA= s NOI Processing Center, the mean and median duration of permit coverage is approximately one year. As such, burden estimates for each construction permittee are based on operation for one year. Estimates are based on the steps necessary to determine eligibility under the Phase II Rule's construction waiver provision and the permit application, recordkeeping, SWPPP requirements, and NOT for Phase I construction activities.

The estimated burden of 22.7 hours for development of the SWPPP represents the median value of the low ( 10.6 hours) and high ( 34.7 hours) burden estimates determined in the Economic Analysis for the Phase II Rule. Burden for routine inspections is based on small construction activities operating for an average of four months, with bi weekly inspections ( 8 total) and each lasting approximately 15 minutes.

Table 2. Burden on Each Construction Respondent Information Collection Activity Estimated Annual Burden on Each Construction Respondent ( hours) Construction Waivers Waiver certification preparation & submittal 1.0 Total 1.0 Construction Permits NOI preparation & submittal 3.7 Development of SWPPP 22.7 Record keeping 1.0 NOT preparation & submittal 0.5 Routine Inspections 2.0 Total 29.9 Burden on Industrial No Exposure Respondents The single respondent activity for operators of industrial facilities certifying to a condition of no exposure is the preparation and submittal of a no exposure certification. Burden estimates for industrial no exposure respondents are from the Economic Analysis and are presented in Table 3. No exposure certifications are for five years, and as such, each respondent will incur one fifth of the full burden of this activity each year. Stormwater Phase II ICR June 2006 Page 20 Table 3. Burden on Each Industrial No Exposure Respondent Information Collection Activity Five Year Burden ( hours) Average Annual Burden ( hours)

No Exposure Certification 0.75 0.15 Total 0.15 Burden on NPDES Authorized States The burden incurred in managing and implementing the Phase II Rule is the same on a per state basis for the Agency and the NPDES authorized States. Burden and costs associated with administration of the Phase II stormwater program will impact the Agency for five states, the District of Columbia, and all U. S. territories except the Virgin Islands where it is the NPDES permitting authority, and each NPDESauthorized State will incur burden and costs for its Phase II program.

The six activities that NPDES authorized States must perform fall into three general areas: ( 1) administration of the small MS4 program, ( 2) administration of the small construction program, and ( 3) processing and review of industrial no exposure forms.

Administration of the Small MS4 Program The activities required for administration of the small MS4 program include the processing and review of NOIs and individual permit applications and annual reports. All burden estimates for administration of the small MS4 program come from the Economic Analysis and are presented in Table 4.

Table 4. Burden on NPDES Authorized States for Administration of the Small MS4 Program Information Collection Activity Total Permitting Authority Burden Per MS4 Respondent Per 5 Year Permit Term ( hours) Average Annual Permitting Authority Burden Per MS4 Respondent ( hours)

NOI processing & review 4.0 0.8 Report processing & review 8.0 1.6 Total 2.4 Administration of the Small Construction Program The activities required for administration of the small construction program include the processing and review of waiver certification forms, NOIs, and NOTs. Burden estimates for administration of the small MS4 program come from the Economic Analysis and are presented in Table 5. They were based on the conditions of the waivers and the level of review necessary and on consultations with NPDES permitting authorities knowledgeable of the similar information requests in the NOIs and NOTs for Phase I construction sources. Stormwater Phase II ICR June 2006 Page 21 Table 5. Burden on NPDES Authorized States for Administration of the Small Construction Program Information Collection Activity Permitting Authority Burden Per Construction Respondent ( hours) Construction Waivers Waiver certification processing & review 1.0 Total 1.0 Construction Permits NOI processing & review 1.0 NOT processing 0.5 Total 1.5 Process and Review of Industrial No Exposure Forms The activities required for processing and review of industrial no exposure forms include review of the form for completeness and applicability and entry of the information into a database or tracking system. A burden estimate for the processing and review of industrial no exposure forms comes from the Economic Analysis and is presented in Table 6.

Table 6. Burden on NPDES Authorized States for Processing and Review of Industrial No Exposure Forms Information Collection Activity Permitting Authority Burden Per Industrial Respondent ( hours) Average Annual Permitting Authority Burden Per Industrial Respondent ( hours) No Exposure certification processing & review 1.0 0.2 Total 1.0 0.2 6( b). ESTIMATING RESPONDENT COSTS Because EPA has determined that there are no capital or operation and maintenance costs associated with any of the respondent activities, this ICR only includes labor costs in its estimates. The Phase II Rule does not require construction site operators or small MS4 operators to expend funds for capital assets, nor does it mandate that owners or operators of industrial facilities construct structures to ensure that no exposure conditions exist. Respondents are not required to pay for capital equipment or operations and maintenance to respond to the additional information requests.

Hourly wage rates are fully loaded ( i. e., including fringe benefits and overhead and profit, if applicable) in January, 2006 dollars and are derived from statistics provided by the U. S. Department of Labor.

Costs to Small MS4 Respondents The average hourly labor rate for regulated small MS4s was based on U. S. Department of Labor, Bureau of Labor Statistics in a table entitled May 2005 National Industry Specific Occupational Employment and Wage Estimates and adjusted to a 2006 dollars using the March 2006 ECI. 2 The mean hourly wage rate for municipal employees including overhead is $ 25.13. This labor rate was used for all regulated small MS4 respondent activities defined in this ICR.

2 U. S. Department of Labor, Bureau of Labor Statistics. Employment Cost Index   March 2006. Stormwater Phase II ICR June 2006 Page 22 The costs for each of the information collection activities are established by multiplying the burden incurred over the term of this ICR by the hourly labor rate. The results are presented below in Table 7.

Table 7. Annual Costs to Each MS4 Respondent Information Collection Activity Average Annual Burden for Each MS4 Respondent ( hours) Labor Rate ($ per hour) Average Annual Cost to Each MS4 Respondent ($)

NOI preparation & submittal 20.0 $ 25.13 $ 502.60 Record keeping 2.8 $ 25.13 $ 70.36 Annual report preparation & submittal 100.0 $ 25.13 $ 2,513.00 Annual Total 122.8 $ 3,085.96 Costs to Construction Respondents EPA used the following labor categories and hourly rates to estimate labor costs for activities by construction sources. Hourly wage rates are inflated to January 2006 dollars using the Employment Cost Index and fully loaded assuming overhead costs of 52 percent. 3 ° Project manager: $ 65.60, ° Engineering assistant, $ 46.46, ° Drafter, $ 31.73, and ° Clerical support, $ 27.19.

For purposes of this analysis, EPA used data provided by the U. S. Department of Labor, Bureau of Labor Statistics in a table entitled November 2004 National Industry Specific Occupational and Employment Wage Estimates: NAICS 236000   Construction of Buildings. EPA assumes that an Engineering Assistant's compensation is assumed to be the same as the " Civil Engineers" level, and a Drafter's compensation equates to the " Architectural and Civil Drafters" level of Architecture and Engineering Occupations. Clerical Support personnel's compensation is equal to the " Executive Secretaries and Administrative Assistants" level of Office and Administrative Support Occupations in the table.

EPA used an hourly labor cost of $ 65.60 for the project manager to prepare and submit the NOI or the waiver certification, and a combination of all four staff labor categories for the development of a SWPPP. Specifically, EPA assumed the following hourly distribution for SWPPP development: project manager ( 1.0 hours), engineering assistant ( 18.9 hours), drafter ( 2.4 hours), and clerical support ( 0.4 hours). That labor mix equates to an effective hourly rate of $ 45.41. Recordkeeping activities for both the CGP NOI and SWPPP are based on hourly rates for clerical staff.

EPA calculated the administrative costs for each of the information collection activities by multiplying the estimated burden by the appropriate hourly labor rate. The results are presented below in Table 8.

Table 8. Costs to Construction Respondents 3 U. S. Department of Labor, Bureau of Labor Statistics. Employer Costs for Employee Compensation, Table 10. Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Private industry workers by industry group, December 2005. Stormwater Phase II ICR June 2006 Page 23 Information Collection Activity Average Annual Burden for Each Construction Respondent ( hours) Labor Rate ($ per hour) Average Annual Cost to Each Construction Respondent ($)

Construction Waivers Waiver certification preparation & submittal 1.0 $ 65.60 $ 65.60 Annual Total 1.0 $ 65.60 Construction Permits NOI preparation & submittal 3.7 $ 65.60 $ 242.72 Development of SWPPP 22.7 $ 45.41 $ 1,030.81 Record keeping 1.0 $ 27.19 $ 27.19 NOT preparation & submittal 0.5 $ 65.60 $ 32.80 Routine Inspections 2.0 $ 65.60 $ 131.20 Annual Total 29.9 $ 1,464.72 Costs to Industrial No Exposure Respondents The average hourly wage for private sector industrial employees was based on the average hourly wage for all employees in the manufacturing sector as determined by the U. S. Department of Labor. 4 The mean hourly cost of employment for all occupations in the manufacturing sector is $ 29.53 ( including benefits) in 2006 dollars.

EPA calculated the administrative costs for each of the information collection activities by multiplying the estimated burden by the hourly labor rate. The results are presented below in Table 9.

Table 9. Costs to Industrial No Exposure Respondents Information Collection Activity Annual Burden for Each Industrial Respondent ( hours) Labor Rate ($ per hour) Average Annual Cost to Each Industrial Respondent ($)

No Exposure Certification 0.15 $ 29.53 $ 4.43 Annual Total 0.15 $ 4.43 Costs to NPDES Authorized States The hourly labor rate for NPDES authorized States was based on the average hourly wage for State employees as determined by the U. S. Department of Labor. 5 The mean hourly wage rate is $ 36.55 ( including benefits) in 2006 dollars. This hourly rate was used for all activities performed by NPDESauthorized States in this ICR.

EPA calculated the administrative costs for each of the information collection activities by multiplying the estimated burden by the hourly labor rate. The results are presented below in Table 10.

Table 10. Costs to NPDES Authorized States 4 U. S. Department of Labor, Bureau of Labor Statistics. Employer Costs for Employee Compensation, Table 10. Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Private industry workers by industry group, December 2005 5 U. S. Department of Labor, Bureau of Labor Statistics. 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 workers, by occupational and industry group, December 2005. Stormwater Phase II ICR June 2006 Page 24 Information Collection Activity Annual State Burden Per Respondent ( hours) State Labor Cost ($/ hr) Average Annual State Cost Per Respondent ($)

Small MS4 Program NOI processing & review 0.8 $ 36.55 $ 29.24 Report processing & review 1.6 $ 36.55 $ 58.48 Total Per MS4 Respondent 2.4 $ 87.72 Construction Program Waiver certification processing & review 1.0 $ 36.55 $ 36.55 Total Per Construction Waiver Respondent 1.0 $ 36.55 NOI processing & review 1.0 $ 36.55 $ 36.55 NOT processing 0.5 $ 36.55 $ 18.28 Total Per Construction Permit Respondent 1.5 $ 54.83 Industrial No Exposure No exposure certification processing & review 0.2 $ 36.55 $ 7.31 Total Per Industrial Respondent 0.2 $ 7.31 6( c). ESTIMATING AGENCY BURDEN AND COST In this section, EPA presents the estimated burden and costs for the Agency to implement and administer the Phase II Rule.

Burden on the Agency The Agency burden incurred in managing and implementing the Phase II Rule as an NPDES permitting authority is exactly the same as the burden for NPDES authorized States. See ABurden on NPDES Authorized States in Section 6( a) above.

Agency Costs The hourly employment cost of Federal employees was determined using methodology established in EPA ICR No. 1842.04.6 According to the U. S. Office of Personnel Management, 2006 General Schedule ( 2006 GS), the average annual salary of a government employee at the GS 9, Step 10 level is $ 49,632. At 2,080 hours per year, the hourly wage is $ 23.86. Assuming overhead costs of 50 percent, or $ 11.93 per hour, the fully loaded cost of employment for a federal employee is $ 35.79.

EPA calculated the administrative costs for each of the information collection activities by multiplying the estimated burden by the hourly labor rate. The results are presented below in Table 10.

6 Notice of Intent for Stormwater Discharges Associated with Construction Activity Under a NPDES General Permit. Stormwater Phase II ICR June 2006 Page 25 Table 11. Agency Costs Information Collection Activity Annual Agency Burden Per Respondent ( hours) Agency Labor Cost ($/ hr) Average Annual Cost Per Respondent ($)

Small MS4 Program NOI processing & review 0.8 $ 35.79 $ 28.63 Report processing & review 1.6 $ 35.79 $ 57.26 Total Per MS4 Respondent 2.4 $ 85.89 Construction Program Waiver certification processing & review 1.0 $ 35.79 $ 35.79 Total Per Construction Waiver Respondent 1.0 $ 35.79 NOI processing & review 1.0 $ 35.79 $ 35.79 NOT processing 0.5 $ 35.79 $ 17.90 Total Per Construction Permit Respondent 1.5 $ 53.69 Industrial No Exposure No exposure certification processing & review 0.2 $ 35.79 $ 7.16 Total Per Industrial Respondent 0.2 $ 7.16 6( d). ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS The number of respondents in the regulated community for each activity is referred to as the respondent universe and is discussed in the subsections below. Table 12 presents a summary of the number of respondents for each activity.

Universe of Small MS4 Respondents Based on EPA's internal analysis, the agency estimates that there are 6,986 permitted small MS4s that will be covered by the rule during the three year duration of this ICR.

Universe of Construction Respondents EPA estimates that nationwide, there will be an annual average of 95,500 construction starts eligible for coverage under the Phase II Rule in 2006, 2007, and 2008. This number was calculated based on permittee data from 2004 and communication with EPA and state permitting authorities. As documented in Attachment B, EPA estimates approximately 100,000 NOIs are received annually by all NPDES permitting authorities combined. Based on communication with EPA Regional offices, the Agency estimates a non filer rate of approximately 60 percent for this industry. This equates to a total regulated universe of 250,000 construction sites annually disturbing greater than one acre of land. Based on the Economic Analysis ( EA) for the Final Phase II Stormwater Rule, approximately 37 percent of construction sites disturb an area equal to or greater than one acre and less than five acres of land. The Agency believes this estimate provides a reasonable estimate of the universe of large construction activities regulated by the NPDES program for the next three year period. The total number of starts for these three years was reduced by 5 percent according to EPA's estimate of the number of construction Stormwater Phase II ICR June 2006 Page 26 starts that should be eligible for a waiver under the rule, thus resulting in a total of 87,875 per year. These construction respondents are expected to perform all of the activities defined in this ICR, except for preparation and submittal of a waiver certification in lieu of an NOI. Subtracting 87,875 from the 95,500 total construction starts gives us an estimate of 4,625 construction sources that will qualify for a permit waiver each year.

Universe of Industrial No Exposure Respondents There are an estimated 181,885 industrial respondents that are expected to be eligible for the no exposure provision over the course of the five year permit and, therefore, are expected to complete the no exposure certification form.

Table 12. Number of Respondents Information Collection Activity Average Number of Annual Respondents Small MS4 Program NOI preparation & submittal 1,397 Record keeping 6,986 Annual report preparation & submittal 6,986 Construction Program Waiver certification preparation & submittal 4,625 NOI preparation & submittal 87,875 Development of SWPPP 87,875 Record keeping 87,875 NOT preparation & submittal 87,875 Routine Inspections 87,875 No Exposure Program No Exposure Certification 36,377 Estimating the NPDES Authorized State Universe The universe of the NPDES authorized States consists of 45 NPDES authorized states and the Virgin Islands. The remaining five States, the District of Columbia and all U. S. territories except the Virgin Islands are under the NPDES authority of the Agency. EPA assembled data from the U. S. Census Bureau. 7 According to the 2000 Census, approximately 5.6 percent of the population lives in the five non NPDES authorized states, Washington, DC, and all non NPDES authorized territories. The above percentage of population is used to estimate the respondents ( construction and industrial) per year for the NPDES authorized States and Territories. The breakdown of the number of regulated small MS4s that exist in either authorized or non authorized States and Territories was based on EPA's internal analysis. Unlike the construction and industrial universes, using a ratio was not necessary due to the existence of complete data for each State and Territory. The estimated NPDES authorized State universe is presented in Table 13.

7 http:// www. census. gov/ population/ cen2000/ tab02. xls http:// www. census. gov/ Press Release/ www/ 2002/ GUAMSTATELEVEL. xls http:// www. census. gov/ Press Release/ www/ 2002/ amsamstatelevel. xls http:// www. census. gov/ Press Release/ www/ 2002/ USVISTATELEVEL. xls Stormwater Phase II ICR June 2006 Page 27 Table 13. Number of Respondents in the NPDES Authorized State Universe Information Collection Activity Number of Annual Respondents Small MS4 Program NOI processing & review 1,324 Report processing & review 6,618 Construction Program Waiver certification processing & review 4,366 NOI processing & review 82,956 NOT processing 82,956 Industrial No Exposure No Exposure certification processing & review 34,341 Total Burden and Costs Table 14 presents the estimated annual average burden and costs for the small MS4s, small construction activities, and industrial no exposure respondents. Table 15 presents the estimated annual average burden and costs for NPDES authorized States. Total burden and costs are calculated by multiplying the cost associated with each activity by the number of estimated respondents.

Table 14. Total Respondent Burden and Cost Estimates Information Collection Activity Average Annual Number of Respondents Burden Per Respondent Average Annual Burden ( hours) Respondent Labor Cost ($/ hr) Average Annual Cost ($)

Regulated Small MS4s NOI preparation & submittal 1,397 100.0 139,720.0 $ 25.13 $ 3,511,164 Record keeping 6,986 2.8 19,560.8 $ 25.13 $ 491,563 Report prep. & submittal 6,986 100.0 698,600.0 $ 25.13 $ 17,555,818 Subtotal 202.8 857,880.8 $ 21,558,545 Construction Sources Construction Waivers Waiver cert. prep. & submittal 4,625 1.0 4,625.0 $ 65.60 $ 303,400 Subtotal 1.0 4,625.0 $ 303,400 Construction Permits NOI preparation & submittal 87,875 3.7 325,137.5 $ 65.60 $ 21,329,020 Development of SWPPP 87,875 22.7 1,994,762.5 $ 45.41 $ 90,582,165 Record keeping 87,875 1.0 87,875.0 $ 27.19 $ 2,389,321 NOT preparation & submittal 87,875 0.5 43,937.5 $ 65.60 $ 2,882,300 Routine Inspections 87,875 2.0 175,750.0 $ 65.60 $ 11,529,200 Subtotal 29.9 2,627,462.5 $ 128,712,006 Industrial No Exposure Facilities No Exposure Certification 36,377 0.75 27,282.8 $ 29.53 $ 805,661 Subtotal 0.75 27,282.8 $ 805,661 Total 3,517,251.1 $ 151,379,612 Stormwater Phase II ICR June 2006 Page 28 Table 15. Total NPDES Authorized State Burden and Costs Information Collection Activity Average Annual Number of Respondents Burden Per Respondent Average Annual Burden ( hours) Permitting Authority Labor Cost ($/ hr) Average Annual Cost ($)

Small MS4 Program NOI processing & review 1,324 4.0 5,294 $ 36.55 $ 193,510 Report processing & review 6,618 1.6 10,589 $ 36.55 $ 387,021 Construction Program Waiver certification processing & review 4,366 1.0 4,366 $ 36.55 $ 159,581 NOI processing & review 82,956 1.0 82,956 $ 36.55 $ 3,032,056 NOT processing 82,956 0.5 41,478 $ 36.55 $ 1,516,028 Industrial No Exposure No exposure certification processing & review 34,341 1.0 34,341 $ 36.55 $ 1,255,160 Total 179,025  $ 6,543,356 6( e). BOTTOM LINE BURDEN HOURS AND COST The bottom line burden hours and cost are the sum of all the hours and costs incurred for all activities by the Phase II respondents, NPDES authorized States, and the Agency.

Respondent Tally This ICR calculated burden and cost for four types of respondents: 1) small MS4s, 2) small construction sites, 3) industrial " no exposure" facilities, and 4) NPDES authorized States. The combined bottom line totals for the four respondent types are 135,908 respondents performing 16 information collection activities resulting in 3,696,276 average annual burden hours at an average annual cost of $ 157,922,968. The respondent tally is presented in Table 16.

Table 16. Annual Estimated Respondent Burden and Cost Summary Information Collection Activity Total Number of Respondents Number of Activities Average Annual Burden ( hours) Average Annual Cost ($) Respondents Regulated Small MS4s 6,986 3 857,881 $ 21,558,545 Construction Sources ( waiver) 4,625 1 4,625 $ 303,400 Construction Sources ( permitted) 87,875 5 2,627,463 $ 128,712,006 Industrial No Exposure Facilities 36,377 1 27,283 $ 805,661 Subtotal 135,863 10 3,517,251 $ 151,379,612 NPDES Authorized States NPDES Authorized States 45 6 179,025 $ 6,543,356 Subtotal 45 6 179,025 $ 6,543,356 TOTAL 135,908 16 3,696,276 $ 157,922,968 Agency Tally Agency activities associated with information collection burden and costs are similar to those for the NPDES authorized States. The difference between the two is that the Agency has authorized 45 States and the Virgin Islands to implement the NPDES stormwater program and as such, Agency burden is only Stormwater Phase II ICR June 2006 Page 29 included for five remaining States, the District of Columbia and all Territories except the Virgin Islands ( as described in 6( d)).

The Agency's total burden and costs is presented in Table 17. Bottom line annual burden is 10,556 hours at an average annual cost of $ 346,193.

Table 17. Total Agency Burden and Costs Information Collection Activity Average Annual Number of Respondents Burden Per Respondent Average Annual Burden ( hours) Agency Labor Cost ($/ hr) Average Annual Cost ($)

Small MS4 Program NOI processing & review 74 4.0 294 $ 35.79 $ 10,537 Report processing & review 368 1.6 589 $ 35.79 $ 21,073 Construction Program Waiver certification processing & review 259 1.0 259 $ 35.79 $ 9,266 NOI processing & review 4,919 1.0 4,919 $ 35.79 $ 176,037 NOT processing 4,919 0.5 2,459 $ 35.79 $ 88,018 Industrial No Exposure No exposure certification processing & review 2,036 1.0 2,036 $ 35.79 $ 72,872 Total 10,556 $ 346,193 6( f). REASON FOR CHANGES IN BURDEN This ICR represents a decrease in overall burden, primarily based on EPA's estimate of the number of construction sites affected by this information collection. Based on data collected from EPA Regional and State NPDES permitting authorities, the Agency revised its estimate of the number of large construction sites covered by this regulation downward from 140,131 to 92,500 sites annually.

In addition, the burden to NPDES authorized states was adjusted due to a change in the methodology to estimate the number of respondents ( construction and industrial) per year for the NPDES authorized States and Territories. Other adjustments were made to the estimate of the percentage of construction sites eligible for the low erosivity waivers ( reduced from 15% to 5%) and the NOI burden for MS4s.

Table 18 presents the change in respondent and Agency burden for each information collection activity discussed in this ICR. Stormwater Phase II ICR June 2006 Page 30 Table 18. Change in Annual Burden and Costs Reported Annual Burden ( hours) Respondent Previous ICR OMB Inventory Current ICR Change Reason Respondents Regulated Small MS4s 1,136,726 857,881  278,845 Reduction in NOI burden Construction Sources ( waiver) 21,020 4,625  16,395 Change in construction sites Reduced estimate of use Construction Sources ( permitted) 3,561,439 2,627,463  933,976 Change of industry universe Industrial No Exposure Facilities 27,283 27,283 0  Subtotal 4,746,467 3,517,251  1,229,216 NPDES Authorized States NPDES Authorized States 211,885 179,025  32,860 Change in construction sites Adjustment to population in authorized states. Subtotal 211,885 179,025  32,860 TOTAL 4,958,351 3,696,276  1,262,076 Agency ( EPA) Agency ( EPA) 36,424 10,556  25,868 Change in construction sites Adjustment to population in non authorized states. Annual Subtotal 36,424 10,556  25,868 6( g). BURDEN STATEMENT Table 19 presents the average annual burden for collecting information required by the rule. For NPDES authorized States, the burden is estimated for each State by dividing the total burden for administering the program in all 45 NPDES authorized States and one Territory by 46 to derive an average burden per State or Territory. Thus, average annual burden is estimated at 123 hours at each regulated small MS4, 1.0 hours at each small construction site seeking a permit waiver, 29.9 hours for each small construction site seeking a permit, 0.75 hours per industrial no exposure facility, 3,892 hours per NPDES authorized State or Territory, and 10,556 total hours for the Agency. These burden estimates include the time required to review the instructions, search existing data sources, gather and maintain ( usually in electronic databases) all necessary data, and complete and review the information required to be collected.

Table 19. Burden Statement for Each Respondent Respondent Annual Burden Per Respondent ( hours)

Regulated Small MS4s 123 Construction Sources ( waiver) 1.00 Construction Sources ( permitted) 29.90 Industrial No Exposure Facilities 0.75 NPDES Authorized States 3,892 Agency ( EPA) 10,556 Burden means the time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review Stormwater Phase II ICR June 2006 Page 31 instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA HQ OW 2002 0053 which is available for online viewing at www. regulations. gov, or in person at the public viewing at the Water Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Water Docket is ( 202) 566 2426. An electronic version of the public docket is available at www. regulations. gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA HQ OW 2002 0053 and OMB control number 2040 0211 in any correspondence. Stormwater Phase II ICR June 2006 Page 32 ATTACHMENT A.

Summary of Response to National Association of Homebuilders ( NAHB) Comments on Draft ICR On May 8, 2006, NAHB submitted comments to EPA on both the stormwater construction ICR ( OMB Control No. 2040 0188) and the Stormwater Phase II ICR ( OMB Control No. 2040 0211). NAHB also references comments it submitted on April 28, 2003 on the previous version of this ICR. Following is a summary of comments and EPA's response to comments specific to the Stormwater Phase II ICR.

NAHB Comment: EPA has not met its obligation to repeat the review required for a new collection of information; rather, the Agency simply requested comments on the supporting statement document from 2003.

EPA Response: EPA did provide notice of the ICR using burden estimates from the previous ICR. However, this ICR includes no new paperwork requirements and the Agency expected burdens to be similar to those of past ICRs. EPA is incorporating relevant NAHB comments on the ICR that was public noticed on March 7, 2006 ( 71 FR 11407 11411), consistent with public notice procedures for ICRs.

NAHB Comment: The Agency has significantly underestimated the regulated universe of construction sites. Additionally, NAHB believes EPA's estimate of the percentage of sites eligible for the low erositivy waiver is much higher than reality and thus, underestimates burden to the industry.

EPA Response: The Agency has updated the number of sites covered under this ICR to reflect data collected from EPA Regional and State NPDES permitting authorities. As detailed in Attachment B, Agency data suggests the actual number of construction sites affected by the Phase II rule is approximately 92,500. This estimate is lower than the previous ICR but reflects actual NOI data plus communication with the permitting authorities on the approximate non filer rate ( 60%) for this segment of the regulated universe. The Agency believes its prior estimates are higher than actual. The Agency revised its estimate of the number of sites obtaining the low erosivity waiver from 15% to 5% based on data received at EPA's NOI Processing Center ( i. e., in 2005, approximately 250 sites were waived out of the approximately 5,000 sites covered).

NAHB Comment: EPA fails to include a burden estimate for inspections ( including recordkeeping) to be conducted by site operators and for the Notice of Termination ( NOT).

EPA Response: EPA clarifies in this ICR does include burden hours for site inspections ( estimate of 8 routine inspections per site, 15 minutes per inspection) but burden hours for NOTs are included in the NPDES Applications ICR ( OMB 2040 0086).

NAHB Comment: EPA provides misleading information on the number of NOIs that are typically submitted within a five year period. Small businesses will generally conduct more than one project in a five year period and as such, are subject to multiple permits and absorb the costs associated with the activities in this ICR potentially several times within any given year. Stormwater Phase II ICR June 2006 Page 33 EPA Response: EPA clarifies in the supporting statement the fact that operators generally are required to submit an NOI for their role in each common plan that disturbs five acres or more.

NAHB Comment: NAHB believes the Agency should do more to reduce the burden associated with small business ( such as developing a permit specific to single lot building).

EPA Response: The ICR is not the proper mechanism for the Agency to modify its regulations or permits to address public comments. The Agency is aware of NAHB's concerns related to burdens associated with small businesses and will consider NAHB's comments during the next construction general permit drafting process ( to commence in 2006 with permit issued in 2008).

NAHB Comment: The Agency underestimates hourly rates charged for performing activities identified under this ICR.

EPA Response: The Agency uses data supplied by the U. S. Department of Labor, Bureau of Labor Statistics ( BLS) for estimating labor costs associated with regulatory burdens. The Agency did modify the appropriate personnel responsible for preparing the NOI to reflect that generally this would be prepared by a project manager rather than an engineering assistant. However, EPA does not have BLS information to suggest hourly rates provided by NAHB are representative of the nation. Stormwater Phase II ICR June 2006 Page 34 ATTACHMENT B.

Calculation of National Estimate of Construction NOIs ( 2004)

State EPA Region 2004 NOIs 2000 Pop. N/ A 1 1,720 N/ A 2 200 N/ A 3 37 N/ A 4 1 N/ A 5 45 N/ A 6 1,873 N/ A 7 6 N/ A 8 215 N/ A 9 127 N/ A 10 1,007 AK Reg 10 x 626,932 ID Reg 10 x 1,293,953 MA Reg 10 x 6,349,097 NH Reg 10 x 1,235,786 PR Reg 2 x EPA 3,808,610 EPA DC Reg 3 x NOI Total 572,059 NOI Pop. % of Total Pop. NM Reg 6 x 5,231 1,819,046 15,705,483 5.5% CT 1 150 3,405,565 VT 1 150 608,827 DE 3 410 783,600 WV 3 1,315 1,808,344 AL 4 4,500 4,447,100 FL 4 5,562 15,982,378 KY 4 1,738 4,041,769 MS 4 1,540 2,844,658 SC 4 1,690 4,012,012 TN 4 2,250 5,689,283 MN 5 3,229 4,919,479 AR 6 605 2,673,400 LA 6 415 4,468,976 OK 6 1,566 3,450,654 KS 7 790 2,688,418 NE 7 1,700 1,711,263 MT 8 699 902,195 UT 8 1,800 2,233,169 AZ 9 3,200 5,130,632 CA 9 6,773 33,871,648 HI 9 278 1,211,537 NV 9 1,600 State 1,998,257 State OR 10 622 NOI Total 3,421,399 NOI Pop. % of Total Pop. WA 10 350 42,932 5,894,121 118,198,684 41.4% ME 1 * 1,274,923 RI 1 * 1,048,319 NJ 2 * 8,414,350 Stormwater Phase II ICR June 2006 Page 35 State EPA Region 2004 NOIs 2000 Pop. NY 2 * 18,976,457 MD 3 * 5,296,486 PA 3 * 12,281,054 VA 3 * 7,078,515 GA 4 * 8,186,453 NC 4 * 8,049,313 IL 5 * 12,419,293 IN 5 * 6,080,485 MI 5 * 9,938,444 OH 5 * 11,353,140 WI 5 * 5,363,675 TX 6 * 20,851,820 IA 7 * 2,926,324 MO 7 * 5,595,211 Total CO 8 * 4,301,261 NOI Pop. % of total Pop. ND 8 * 642,200 133,904,167 46.9% SD 8 * 754,844 Non NOI Pop. % of Total Pop. WY 8 * 493,782 151,326,349 53.1% Total 48,163 285,230,516 *  Data not collected. 48,163 NOIs from 29 states+ ( actual) 54,429 NOIs from 50 states+ ( estimated) 102,592 Total NOIs 100,000 Total NOIs received nationwide Assumed based on 1 significant figure