[Federal Register: March 1, 2006 (Volume 71, Number 40)]
[Rules and Regulations]
[Page 10439-10442]
[DOCID:fr01mr06-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 63

[EPA-HQ-OAR-2003-0121; FRL-8039-2]
RIN 2060-AM43

National Emission Standards for Hazardous Air Pollutants:
Miscellaneous Organic Chemical Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendment.

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SUMMARY: This action amends the national emission standards for
hazardous air pollutants (NESHAP) for miscellaneous organic chemical
manufacturing. The amendment will extend the compliance date for
existing sources by 18 months. Under the promulgated rule, existing
affected sources would be required to be in compliance by November 10,
2006. With this final action, existing sources will be required to
comply with the rule by May 10, 2008.

DATES: Effective Date: March 1, 2006.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2003-0121. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in

the index, some information is not publicly available, i.e.,
confidential business information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or

in hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room
B102, 1301 Constitution Ave., NW., Washington, DC. The 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 Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the Air and
Radiation Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Randy McDonald, Coatings and
Chemicals Group (C504-04), Sector Policies and Programs Division,
Office of Air Quality Planning and Standards, U.S. EPA, Research
Triangle Park, NC 27711; telephone number:<PHONE_NUMBER>; fax number:
(919) 541-3470; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include:

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                                                         Examples of
          Category                 NAICS code*       regulated entities
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Industry....................  3251, 3252, 3253,     Producers of
                               3254, 3255, 3256,     specialty organic
                               and 3259, with        chemicals,
                               several exceptions.   explosives, certain
                                                     polymers and
                                                     resins, and certain
                                                     pesticide
                                                     intermediates.
------------------------------------------------------------------------
*North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.2435. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the final rule amendment will also be available
on the WWW through the Technology Transfer Network (TTN). Following
signature by the EPA Administrator, a copy of the final rule amendment
will be posted on the TTN's policy and guidance page for newly proposed
or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides

information and technology exchange in various areas of air pollution
control.
    Judicial Review. Under section 307(b)(1) of the Clean Air Act
(CAA), judicial review of the final rule amendment is available only by
filing a petition for review in the U.S. Court of Appeals for the
District of Columbia Circuit by May 1, 2006. Under section 307(d)(7)(B)
of the CAA, only an objection to the final rule amendment that was
raised with reasonable specificity during the period for public

comment can be raised during judicial review. Moreover, under section
307(b)(2) of the CAA, the requirements established by the final rule
amendment may not be challenged separately in any civil or criminal
proceedings brought by EPA to enforce these requirements.
    Outline. The information presented in this preamble is organized as
follows:

I. Background
II. Response to Comments on the Proposed Amendment to the Compliance
Date for Existing Sources
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Congressional Review Act

I. Background

    On November 10, 2003, we promulgated NESHAP for miscellaneous
organic chemical manufacturing as subpart FFFF in 40 CFR part 63 (the
``MON''). Petitions for review of the MON were filed in the U.S. Court
of Appeals for the District of Columbia Circuit by American Chemistry
Council, Eastman Chemical Company, Clariant LSM (America), Inc., Rohm
and Haas Company, General Electric Company, Coke Oven Environmental
Task Force (``COETF'') and Lyondell Chemical Company (collectively
``Petitioners'').\1\ These matters were consolidated into American
Chemistry Council, et al. v. EPA, No. 04-1004, 04-1005, 04-1008, 04-
1009, 04-1010, 04-1012, 04-1013 (D.C. Cir.). Issues raised by the
petitioners included applicability of the rule; leak detection and
repair requirements for connectors; definitions of process condenser,
continuous process vent, and Group 1 wastewater; treatment requirements
for wastewater that is Group 1 only for soluble hazardous air
pollutants (HAP); recordkeeping for Group 2 batch process vents; and
notification requirements for Group 2 emission points that become Group
1 emission points.
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    \1\ The Fertilizer Institute and Arteva Specialties S. `ar.1
also filed petitions for review but voluntarily withdrew their
petitions.
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    In early October 2005, the parties signed a settlement agreement.
Pursuant to section 113(g) of the CAA, notice of the settlement was
published in the Federal Register on October 26, 2005 (70 FR 61814).
The agreement established a schedule by which EPA would propose and
promulgate revisions to the NESHAP; it also includes preamble language
for the proposed amendments notice that was agreed to by the parties.
The settlement agreement provides that EPA would sign a notice of
proposed rulemaking, including an 18-month compliance extension for
existing sources, by November 30, 2005. The settlement agreement also
calls for EPA to take final action on the proposed 18-month compliance
extension within 30 days of the date the comment period on the proposed
amendments closes. According to the settlement agreement, notice of
final rulemaking on the other proposed amendments must be signed within
150 days of the date the comment period on the proposed amendments
closes.
    On December 8, 2005 (70 FR 73098), we proposed amendments to
address issues raised by the petitioners and correct and clarify other
provisions to ensure that the rule is implemented as intended. In this
action, we are promulgating the 18-month compliance extension for
existing sources. Final action on the other proposed amendments will
occur in a future notice of final rulemaking.

II. Response to Comments on the Proposed Amendment to the Compliance
Date for Existing Sources

    Eight commenters expressed support for our decision to extend the
compliance date for existing sources by 18 months, and no adverse
comments were received. The eight commenters agreed with our position
in the preamble to the proposed amendments that the proposed
amendments, if finalized, are sufficiently far-reaching and complex
that the amended rule would effectively be a new rule warranting a new
compliance date. Several of the commenters identified changes to
definitions and compliance options that will require regulated sources
to reevaluate applicability and control strategies, effectively
starting over with respect to a number of key provisions. They
indicated that significant time will be needed to review and revise
emissions modeling analyses and other calculations; develop revised
control strategies; redesign, order, and install control equipment; and
complete permitting activities. Several of the commenters also
concurred with our rationale in the preamble to the proposed amendments
that section 112(d)(6) of the CAA provides authority for the
Administrator to set new compliance dates for revised rules. They also
noted that there is precedent for such changes, including the extension
for the Pesticide Active Ingredient NESHAP (67 FR 38200, June 3, 2002).
Therefore, we are taking final action to extend the compliance date for
existing sources by 18 months.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must determine whether a regulatory action is ``significant''
and, therefore, subject to review by the Office of Management and
Budget (OMB) and the requirements of the Executive Order. The Executive
Order defines a ``significant regulatory action'' as one that is likely
to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    It has been determined that the final rule amendment is not a
``significant regulatory action'' under the terms of Executive Order
12866 and is, therefore, not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
Extending the compliance date does not alter the information collection
requirements for any source owner or operator. The OMB has previously
approved the information collection requirements contained in the
existing regulations under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq., and has assigned OMB control number 2060-
0533 (EPA ICR number 1969.02). A copy of the OMB-approved Information
Collection Request (ICR) may be obtained from Susan Auby, by mail at
the Office of Environmental Information, Collection

Strategies Division; U.S. EPA (2822T); 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, by e-mail at<EMAIL_ADDRESS>or by calling
(202) 566-1672. A copy may also be downloaded off the Internet at
http://www.epa.gov/icr. Include the ICR or OMB number in any

correspondence.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review 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
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory
flexibility analysis in connection with this final rule.
    For the purposes of assessing the impacts of the proposed rule on
small entities, small entity is defined as, (1) A small business as
defined by the Small Business Administration (SBA) at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise that is independently owned and operated and is not
dominant in its field.
    For sources subject to this final rule, the NAICS code is 325 and
associated small business employee sizes range from 750 to 1000.
Relevant NAICS and associated employee sizes are listed below:

NAICS 32511--Petrochemical Manufacturing--1,000 employees or fewer
NAICS 325192--Cyclic Crude and Intermediate Manufacturing--750
employees or fewer
NAICS 325199--All Other Organic Chemical Manufacturing--1,000
employees or fewer
NAICS 325211--Plastics Material and Resin Manufacturing--750
employees or fewer
NAICS 325212--Synthetic Rubber Manufacturing--1,000 employees or
fewer
NAICS 325411--Medicinal and Botanical Manufacturing--750 employees
or fewer
NAICS 325611--Soaps and Other Detergents Manufacturing--750
employees or fewer
NAICS 32592--Explosives Manufacturing--750 employees or fewer

    After considering the economic impacts of today's final rule
amendment on small entities, EPA has concluded that this action will
not have a significant economic impact on a substantial number of small
entities. In determining whether a rule has a significant economic
impact on a substantial number of small entities, the impact of concern
is any significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities.'' 5 U.S.C. 603
and 604. Thus, an agency may conclude that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. The
final rule amendment extends the compliance date, which will not impose
any additional requirements on small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local, and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any 1 year. Before promulgating an EPA rule for which a written
statement is needed, section 205 of the UMRA generally requires the EPA
to identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows the EPA to adopt an alternative other
than the least costly, most cost-effective, or least burdensome
alternative if the Administrator publishes with the final rule an
explanation why that alternative was not adopted. Before the EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
    The EPA has determined that the final rule amendment does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any 1 year. No costs are
attributable to the final rule amendment. Thus, the final rule
amendment is not subject to the requirements of sections 202 and 205 of
the UMRA. In addition, the final rule amendment contains no regulatory
requirements that might significantly or uniquely affect small
governments because it contains no requirements that apply to such
governments, and it imposes no obligations upon them. Therefore, the
final rule amendment is not subject to the requirements of section 203
of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999), requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
    The final rule amendment does not have federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. None of the affected
facilities are owned or operated by State or local governments. Thus,

Executive Order 13132 does not apply to the final rule amendment.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000), requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' The final rule amendment does not have
tribal implications, as specified in Executive Order 13175. The final
rule amendment extends the compliance date and, therefore, imposes no
additional burden on the sources. Thus, Executive Order 13175 does not
apply to the final rule amendment.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that the EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The final rule amendment is
not subject to Executive Order 13045 because it is based on technology
performance and not health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    The final rule amendment does not constitute a ``significant energy
action'' as defined in Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001)) because the final rule amendment
will not have a significant adverse effect on the supply, distribution,
or use of energy. Further, we have concluded that the final rule
amendment will not have any adverse energy effects.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 15 U.S.C. 272 note) directs
the EPA to use voluntary consensus standards in its regulatory and
procurement activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by one or more voluntary consensus bodies. The NTTAA directs
the EPA to provide Congress, through the OMB, with explanations when
the Agency decides not to use available and applicable voluntary
consensus standards.
    During the rulemaking, the EPA conducted searches to identify
voluntary consensus standards in addition to EPA test methods
referenced by the final rule. The search and review results have been
documented and placed in the docket for the NESHAP (Docket ID No. EPA-
HQ-OAR-2003-0121). The final rule amendment does not propose the use of
any additional technical standards beyond those cited in the final
rule. Therefore, the EPA is not considering the use of any additional
voluntary consensus standards for the final rule amendment.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing the final rule
amendment and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the final rule amendment in the Federal
Register. The final rule amendment is not a ``major rule'' as defined
by 5 U.S.C. 804(2). The final rule amendment is effective on March 1,
2006.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: February 23, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of the Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

Subpart FFFF--[Amended]

0
2. Section 63.2445 is amended by revising paragraph (b) to read as
follows:

Sec.  63.2445  When do I have to comply with this subpart?

* * * * *
    (b) If you have an existing source on November 10, 2003, you must
comply with the requirements for existing sources in this subpart no
later than May 10, 2008.
* * * * *
[FR Doc. 06-1918 Filed 2-28-06; 8:45 am]

BILLING CODE 6560-50-P


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U.S. ENVIRONMENTAL PROTECTION AGENCY
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INFORMATION COLLECTION REQUEST FOR
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REPORTING REQUIREMENTS FOR BEACH ACT GRANTS (RENEWAL)

                              EPA ICR No. 2048.05
                           OMB Control No. 2040-0244

                                 December 2015

Contents
Information Collection Request	3
1.	Identification of the Information Collection	3
1(a)	Title of the Information Collection	3
1(b)	Short Characterization/Abstract	3
2.	Need for and Use of the Collection	2
2(a)	Need/Authority for the Collection	2
2(b)	Practical Utility/Users of the Data	2
3.	Nonduplication, Consultations, and Other Collection Criteria	2
3(a)	Nonduplication	2
3(b)	Public Notice Required Prior to ICR Submission to OMB	2
3(c)	Consultations	2
3(d)	Effects of Less Frequent Collection	3
3(e)	General Guidelines	3
3(f)	Confidentiality	3
3(g)	Sensitive Questions	3
4.	The Respondents and the Information Requested	3
4(a)	Respondents	3
4(b)	Information Requested	3
1)	Risk-based Beach Evaluation and Classification Process	4
2)	Tiered Monitoring Plan	4
3)	Methods and Assessment Procedures	4
4)	Monitoring report submission	4
5)	Delegation of monitoring responsibilities	4
6)	Public notification and risk communication plan	4
7)	Actions to Notify the Public	4
8)	Notification Report Submission	4
9)	Delegation of notification responsibilities	5
10)	Adoption of new or revised WQS and identification and use of a beach notification threshold	5
11)	Public evaluation of program	5
5.	The Information Collected-Agency Activities, Collection Methodology, and Information Management	5
5(a)	Agency Activities	5
5(b)	Collection Methodology and Management	5
5(c)	Small Entity Flexibility	6
5(d)	Collection Schedule	6
6.	Estimating the Burden and Cost of the Collection	6
6(a)	Estimating Respondent Burden	6
6(b)	Estimating Respondent Cost	7
6(c)	Estimating Agency Burden and Cost	12
6(d)	Estimating the Respondent Universe and Total Burden and Costs	13
6(e)	Bottom Line Burden Hours and Cost Tables	14
6(f)	Reasons for Change in Burden	14
6(g)	Burden Statement	15

Information Collection Request
1.	Identification of the Information Collection
1(a)	Title of the Information Collection
BEACH Act Grant Program
1(b)	Short Characterization/Abstract
The Beaches Environmental Assessment and Coastal Health (BEACH) Act amends the Clean Water Act (CWA) in part and authorizes the U.S. Environmental Protection Agency (EPA) to award BEACH Act Program Development and Implementation Grants to coastal and Great Lakes states, tribes, and territories (collectively referred to as states) for their beach monitoring and notification programs. The grants will assist those states to develop and implement a consistent approach to monitor recreational water quality; assess, manage, and communicate health risks from waterborne microbial contamination; notify the public of pollution occurrences, and post beach advisories and closures to prevent public exposure to microbial pathogens. To qualify for a BEACH Act Grant, a state must submit information to EPA documenting that its beach monitoring and notification program is consistent with 11 performance criteria outlined in the National Beach Guidance and Required Performance Criteria for Grants, 2014 Edition. For EPA to award a BEACH Act Grant, a state must document that its coastal monitoring and notification program includes or will include the following:
 Risk-based beach evaluation and classification
 Tiered monitoring plan
 Methods and assessment procedures
 Monitoring report submission
 Delegation of monitoring responsibilities
 Public notification and risk communication plan
 Actions to notify the public
 Notification report submission
 Delegation of notification responsibilities
 Preparation and submittals of schedules for adoption of new or revised WQS and identification and use of a beach notification threshold
 Public evaluation of program
All beach program information will be collected by EPA's Office of Science and Technology, stored in the Beach Database, and displayed on EPA's Beaches website for use by the public, state environmental and public health agencies, and EPA.
2.	Need for and Use of the Collection
2(a)	Need/Authority for the Collection
The BEACH Act (Public Law 106-284) established a grant program to assist marine coastal and Great Lakes states in implementing a uniform monitoring and notification program for their coastal recreational waters. As a condition of receipt of a BEACH Act Grant, states must show evidence of meeting the 11 performance criteria and the conditions under the BEACH Act. Therefore, a state applying for a grant must submit information on its programs to its EPA Regional Coordinator to document that its program is consistent with the performance criteria.
2(b)	Practical Utility/Users of the Data
Data will be used by EPA, state and local environmental and public health agencies, and the public. EPA will use the information submitted by a state to determine whether the state's program is consistent with the performance criteria and the BEACH Act. State and local environmental and public health agencies will use the data as an indicator of program performance, and the public will use the data as reference to make informed decisions before going to the beach. The information provided by each state will also be used to report the status of beach monitoring and notification programs nationwide. A state must implement measures to notify EPA of the results of its water quality sampling. Therefore, these data will be used to create and maintain a national database of water quality trends, advisories, and closings.
3.	Non-duplication, Consultations, and Other Collection Criteria
3(a)	Non-duplication
The information requested from the states is required for receipt of a BEACH Act Grant and is not available from other sources. EPA has made every reasonable attempt to ensure that the beach monitoring and notification data and information requested through the BEACH Act Grant Program is not already available through less burdensome mechanisms.
3(b)	Public Notice Required Prior to ICR Submission to OMB
EPA published the first Federal Register notice for this ICR on October 13, 2015 (80 FR 61419) requesting comment from the public on this ICR. No comments were received.
3(c)	Consultations
EPA consulted with the following state beach coordinators, asking them to compare EPA's average national state burden estimates with their state's experience:  Donalea Dinsmore (Wisconsin), Vanessa Curran (Massachusetts), Debby Sargeant (Washington) and Craig Davis (Texas). Based on these comments, the proposed costs (September 2015) were adjusted for these final estimates. The result is (as compared to the 2011 estimates) no significant increase (4 hours of 2400) in labor hours but an increase in O&M costs. Specifically, the labor hours associated with quality control processes and EPA notification hours were decreased based on implementation of automated processes (Massachusetts and Wisconsin comments). The O&M cost of sampling was increased from $30 to $35 per sample based on comments from Washington and Massachusetts. Texas commented that the labor hours appeared appropriate.
3(d)	Effects of Less Frequent Collection
The requirement for a state to submit its monitoring and notification data is a statutory requirement under the BEACH Act. The frequency and format of such submittal is at the Administrator's discretion [see CWA section 406(b)(B)(3)]. Since 2003, EPA has required states to submit their monitoring and notification data annually. However, to provide more up-to-date information to the public on the state of their beaches, the Agency is encouraging more frequent reporting. The Agency continues to expect state grant performance reports annually.
3(e)	General Guidelines
The BEACH Act Grant Program will be conducted in accordance with the Paperwork Reduction Act [Title 5 of the Code of Federal Regulations (CFR) section 1320.5(d)(2)] and will adhere to OMB's general guidelines for information collections.
3(f)	Confidentiality
Measures to ensure the confidentiality of the collected beach monitoring and notification data are not necessary because the information submitted by the respondents is public information.
3(g)	Sensitive Questions
No information of sensitive nature will be collected as a result of this ICR.
4.	The Respondents and the Information Requested
4(a)	Respondents
Information collected by EPA under the BEACH Act will be submitted by environmental and public health agencies in coastal and Great Lakes states, territories, and tribes.
4(b)	Information Requested
EPA is requiring states to provide information on how a beach monitoring and notification program is consistent with the following 11 performance criteria, developed from the BEACH Act and summarized in Table 1.
Table 1. BEACH Act Grant performance criteria summary
Category
Performance criteria
Requirement
BEACH Act section
Evaluation and Classification
                                       1
Risk-based beach evaluation and classification
406(b)(2)(A)(ii-iv)
406(c)(1)
Monitoring
                                       2
Tiered monitoring plan
406(c)(3

                                       3
Methods and assessment procedures
406(c)(4)

                                       4
Monitoring report submission
406(b)(3)(A), (B)

                                       5
Delegation of monitoring responsibilities
406(c)(2)
Public Notification and Prompt Risk Communication
                                       6
Public notification and risk communication plan
406(c)(7)

                                       7
Actions to notify the public
406(c)(5)

                                       8
Notification report submission
406(b)(3)(A), (B)

                                       9
Delegation of notification responsibilities
406(c)(2)
Implementation Schedules
                                      10
Preparation and submittals of schedules for adoption of new or revised WQS and identification and use of a beach notification threshold
 406(a)(1)(A) and (B);
406(b)(2)(A)(i)
Public Evaluation
                                      11
Public evaluation of program
406(b)(2)(A)(v)

Risk-based beach evaluation and classification process
A state must develop a risk-based beach evaluation and classification process and apply it to their coastal recreation waters. A state must describe the factors used in its evaluation and classification process and explain how its beaches are ranked using this process. The process must result in a list of beaches in the state's beach program.
Tiered monitoring plan
A state must develop a tiered monitoring plan that can adapt to changing conditions and adequately protect public health. The plan must adequately address the frequency and locations and methods of monitoring and assessment of coastal waters.
Methods and assessment procedures
A state must develop a detailed methods and assessment procedures plan.
Monitoring report submission
A state must develop a mechanism to collect and report monitoring data in timely reports.
Delegation of monitoring responsibilities
A state must describe any delegation that they have made, or intend to make, to local governments to administer the beach monitoring program.
Public notification and risk communication plan
A state must develop public notification and risk communication plans.
Actions to notify the public
A state must give notice to the public that the coastal recreation waters are not meeting or are not expected to meet applicable water quality standards for pathogens and pathogen indicators.
Notification report submission
A state must compile their notification actions in timely reports submitted to EPA.
Delegation of notification responsibilities
A state must describe any delegation of notification responsibilities that they have made, or intend to make, to local governments to administer the beach notification program.
Adoption of new or revised WQS and identification and use of a beach notification threshold
A state must develop and implement schedules leading to adoption of new or revised WQS, or submit a request for a waiver, and for the identification and use of an appropriate beach notification threshold, including any support for an alternative threshold.
Public evaluation of program
A state must provide the public with an opportunity to review the program through public notice and an opportunity to comment.
5.	The Information Collected-Agency Activities, Collection Methodology, and Information Management
5(a)	Agency Activities
The BEACH Act Grant Program will be administered by EPA Headquarters and EPA Regional Offices, which have planned for and allocated resources for the efficient and effective management of the grant program. EPA is conducting the following activities in administering the BEACH Act grants:
EPA Headquarters is to monitor state programs annually to ensure compliance with the performance criteria.
EPA Regions are to monitor state programs annually to ensure compliance with the performance criteria.
EPA Regions and EPA Headquarters are to provide miscellaneous support to the states.
EPA Regions are to revise work plans and update the Quality Management Plan.
EPA Regions are to perform technical review of a Quality Assurance Project Plan and Grants Management Plan.
Regions are to ensure that a Quality Assurance Project Plan is complete before implementation.
5(b)	Collection Methodology and Management
The EPA Beach Program encourages states to electronically transmit beach monitoring and notification data directly to EPA. Electronic reporting is intended to achieve data collection efficiencies and reduce the possibility of data input error.
It is the state's responsibility to conduct ongoing data analysis, including performing data quality assurance/quality control to check for anomalies in the data that might be related to data entry or laboratory errors. Data quality review and analysis will include continuous analysis of laboratory results, pollution occurrence events, public notification, and review of all program data. The beach monitoring and notification data will be maintained in the eBEACHES data system. Reporting of beach data to EPA consists of beach program information, notification data, monitoring data, and locational data. The data collected under the BEACH Act Grant Program will be used for program performance evaluation to determine if a state program is consistent with the National Beach Guidance and Required Performance Criteria for Grants, 2014 Edition to analyze pollution occurrences at beaches across the nation and report to Congress on the status of the nation's recreation waters.
5(c)	Small Entity Flexibility
Measures to assist small entities are not applicable because the respondents for the BEACH Act Grant Program are state government agencies. However, EPA may make a grant to a local government for implementing a monitoring and notification program only if, after the 1-year period beginning on the date of publication of performance criteria, EPA determines that the state is not implementing a program that meets the performance criteria.
5(d)	Collection Schedule
A state must show evidence documenting its compliance with the 11 performance criteria as listed in the Federal Register and the National Beach Guidance and Required Performance Criteria for Grants, 2014 Edition to be eligible for a BEACH Act Grant.
6.	Estimating the Burden and Cost of the Collection
6(a)	Estimating Respondent Burden
The BEACH Act requires states to devote time and resources to implement a monitoring and notification program to meet the performance criteria outlined in the National Beach Guidance and Required Performance Criteria for Grants, 2014 Edition. To develop burden estimates, EPA estimated the number of hours that will be required by states to adhere to the following performance criteria:
::	Risk-based beach evaluation and classification
::	Tiered monitoring plan
::	Methods and assessment procedures
::	Monitoring report submission
::	Delegation of monitoring responsibilities
::	Public notification and risk communication plan
::	Actions to notify the public
::	Notification report submission
::	Delegation of notification responsibilities
::Preparation and submittal of schedules for the adoption of new or revised WQS and identification and use of a beach notification threshold
::	Public evaluation of program
The Agency estimated that implementing a monitoring and notification program in accordance with the 11 performance criteria will take an annual average of 91,276 hours and $11,353,146 O&M for all 38 respondents.
The following assumptions were made for this ICR on the basis of data collected by EPA and consultations with respondents listed in section 3(c):
The average beach (monitoring) season was assumed to be 26 weeks.
The average number of samples collected per week at each monitored beach during the beach season was assumed to be 2 samples.
The average cost of sample analysis was assumed to be $35 per sample.
The frequency of reporting to EPA is assumed to be quarterly.
6(b)	Estimating Respondent Cost
The annual cost for a state to implement the performance criteria necessary to comply with the BEACH Act Grant Program are attributed to labor costs and O&M costs. The total cost burden over 3 years for the 38 states is estimated to be $46,359,924 which consists of $12,300,486 in labor costs and $34,059,438 in O&M costs.
 Labor Costs
To develop labor costs, EPA multiplied the number of hours that will be required to implement the beach program by the state employee hourly rate to generate a cost estimate. Because labor rates vary so widely among the state government personnel involved in implementing a state monitoring and notification program, EPA used an average loaded hourly rate that is representative of the average salary for a managerial and technical state employee as listed by the Bureau of Labor Statistics for full-time state and local government workers in the May 2014, National Industry-Specific Occupational Employment and Wage Estimates. The managerial salary (state government Management 11-0000 median) is calculated as the hourly rate of $40.51 multiplied by an overhead factor of 1.6 ($64.82). The technical salary (19-4000 Life, Physical and Social Science Technicians) is calculated as $22.74 multiplied by an overhead factor of 1.6 ($36.38). Table 2 presents an estimate of the burden that state governments will incur to meet each performance criterion outlined in the National Beach Guidance and Required Performance Criteria for Grants, 2014 Edition. The table identifies the activities to be performed by the state, the associated hours required for each activity, and the labor cost for each activity. Annual totals are presented at the end of Table 2.
 Operation and Maintenance Costs
In addition to labor costs, the states and territories incur O&M costs associated with the analytical fees and shipping for the water quality samples. Non-labor costs for the 38 states are solely attributed to the laboratory fees that will be charged for analysis and to shipping charges for sending the sample bottles to the appropriate laboratory.

  Table 2. Individual respondent 3-year state burden hours

Performance criterion
State activity
                                    3-year
                                    3-year
                                     Total

                               managerial burden
                               technical burden
                                 3-year burden

                       Total burden per activity (hours)
                    Total labor cost $64.82/hour (dollars)1
                       Total burden per activity (hours)
                    Total labor cost $36.38/hour (dollar) 1
                       Total burden per activity (hours)
                               Total labor cost

                                   (dollars)

1 - Risk-based Beach Evaluation and Classification Process
Identify factors used to evaluate and rank beaches.
                                                                              3
                                                                           $194
                                                                             18
                                                                           $655
                                                                             21
                                                                           $849

Identify state or tribal coastal recreation waters.
                                                                              2
                                                                           $130
                                                                            180
                                                                         $6,548
                                                                            182
                                                                         $6,678

Notify EPA at least annually if the list of beaches changes significantly because of revised beach rankings or changes to monitoring and notification requirements and considerations.
                                                                             40
                                                                         $2,593
                                                                            240
                                                                         $8,731
                                                                            280
                                                                        $11,324

Provide for public review of the risk-based rank and classification.
                                                                             10
                                                                           $648
                                                                            150
                                                                         $5,457
                                                                            160
                                                                         $6,105

Performance Criterion 1 total
                                                                             55
                                                                        $3,565
                                                                            588
                                                                       $21,391
                                                                            643
                                                                       $24,956
2 - Tiered  Monitoring  Plan
Adequately prioritize, in the tiered monitoring plan, the frequency, locations, and methods of monitoring and assessment of coastal waters.
                                                                            100
                                                                         $6,482
                                                                            400
                                                                        $14,552
                                                                            500
                                                                        $21,034

Provide for public review of the tiered monitoring plan.
                                                                             20
                                                                         $1,296
                                                                            120
                                                                         $4,366
                                                                            140
                                                                         $5,662

Develop appropriate quality control policies and procedures and submit adequate quality management plans and quality assurance project plans to EPA for approval.
                                                                            300
                                                                        $19,446
                                                                             60
                                                                         $2,183
                                                                            360
                                                                        $21,629

Performance Criterion 2 total
                                                                            420
                                                                       $27,224
                                                                            580
                                                                       $21,101
                                                                           1000
                                                                       $48,325
3 - Methods and assessment procedures
Submit to EPA methods for characterizing water quality relative to human health in coastal recreation areas.
                                                                             50
                                                                         $3,241
                                                                            250
                                                                         $9,095
                                                                            300
                                                                        $12,336

Provide documentation of the performance of methods other than those that EPA recommended or approved or validated.
                                                                             40
                                                                         $2,593
                                                                            200
                                                                         $7,276
                                                                            240
                                                                         $9,869

Identify and submit to EPA procedures for assessing short-term increases in fecal indicator bacteria densities that indicate risk to human health in coastal recreation waters.
                                                                             50
                                                                         $3,241
                                                                            200
                                                                         $7,276
                                                                            250
                                                                        $10,517

Performance Criterion 3 Total
                                                                            140
                                                                         $9,075
                                                                            650
                                                                        $23,647
                                                                            790
                                                                        $32,722
4 - Monitoring report submission
Make monitoring data available to the public, including posting on a website.
                                                                            300
                                                                        $19,446
                                                                           1440
                                                                        $52,387
                                                                          1,740
                                                                        $71,833

Report monitoring data to EPA at least annually or a frequency that the EPA administrator determines. Reported data must be consistent with EPA reporting requirements. (See EPA grant website)
                                                                            600
                                                                        $38,892
                                                                            600
                                                                        $21,828
                                                                          1,200
                                                                        $60,720

Performance Criterion 4 Total
                                                                            900
                                                                        $58,338
                                                                           2040
                                                                        $74,215
                                                                           2940
                                                                       $132,553
5 - Delegation of monitoring responsibilities
If a state delegates monitoring responsibilities to local governments, the states grant recipient must describe the process that the state follows.
                                                                              6
                                                                           $389
                                                                             40
                                                                         $1,455
                                                                             46
                                                                         $1,844

Performance Criterion 5 Total
                                                                              6
                                                                           $389
                                                                             40
                                                                         $1,455
                                                                             46
                                                                         $1,844
6 - Public notification and risk communication plan
Identify measures to notify EPA and local governments (if applicable) when indicator bacteria levels exceed a beach notification threshold.
                                                                              2
                                                                           $130
                                                                             40
                                                                         $1,455
                                                                             42
                                                                         $1,585

Identify measures to notify the public when a beach notification threshold has been exceeded by posting a sign or functional equivalent.
                                                                              2
                                                                           $130
                                                                             40
                                                                         $1,455
                                                                             42
                                                                         $1,585

Identify measures that inform the public of the potential risks associated with water contact activities in the coastal recreation waters that do not meet applicable WQS.
                                                                              2
                                                                           $130
                                                                             40
                                                                         $1,455
                                                                             42
                                                                         $1,585

Provide for public review of the public notification and risk communication plan.
                                                                              2
                                                                           $130
                                                                             50
                                                                         $1,819
                                                                             52
                                                                         $1,949

Performance Criterion  6 Total
                                                                              8
                                                                           $520
                                                                            170
                                                                         $6,184
                                                                            178
                                                                         $6,704
7 - Actions to notify the public
Promptly issue a public notification for exceedance of the beach notification threshold when there is no reason to doubt the accuracy of the sample.
                                                                            100
                                                                         $6,482
                                                                            600
                                                                        $21,828
                                                                            700
                                                                        $28,310

If there is a reason to doubt the accuracy of the first sample, the state agency may resample before issuing a notification.
                                                                            100
                                                                         $6,482
                                                                            200
                                                                         $7,276
                                                                            300
                                                                        $13,758

Performance Criterion 7 Total
                                                                            200
                                                                        $12,964
                                                                            800
                                                                        $29,104
                                                                           1000
                                                                        $42,068
8 - Notification Report Submission
States and tribes must report to EPA at least annually, or at a frequency the EPA Administrator determines, on the occurrence, nature, location, pollutants involved, and extent of any exceedances of any WQS for pathogens and pathogen indicators.
                                                                            120
                                                                         $7,778
                                                                             72
                                                                         $2,619
                                                                            192
                                                                        $10,397

Performance Criterion 8 Total
                                                                            120
                                                                         $7,778
                                                                             72
                                                                         $2,619
                                                                            192
                                                                        $10,397
9 - Delegation of notification responsibilities
States must identify any local governments to which they have delegated responsibility for implementing a notification program and describe the process by which the state may delegate such authority.
                                                                              6
                                                                           $389
                                                                             18
                                                                           $655
                                                                             24
                                                                         $1,044

Performance Criterion 9 Total
                                                                              6
                                                                           $389
                                                                             18
                                                                           $655
                                                                             24
                                                                         $1,044
10  -  Adoption of new or revised WQS and identification and use of a beach notification threshold
Develop and implement two separate schedule to adopt new or revised WQS by FY 2016 and to identify and use a beach notification threshold by FY 2016.
                                                                            300
                                                                        $19,446
                                                                            100
                                                                         $3,638
                                                                            400
                                                                        $23,084

Before identification and use of a new beach notification threshold, continue to make beach notification decisions using the existing threshold based on the currently applicable WQS, e.g., SSM.
                                                                              0
                                                                             $0
                                                                              0
                                                                             $0
                                                                              0
                                                                             $0

Performance Criterion 10 Total
                                                                            300
                                                                        $19,446
                                                                            100
                                                                         $3,638
                                                                            400
                                                                        $23,084
11 - Public evaluation of program
Provide an opportunity for the public to comment on the: Beach evaluation and classification process; Sampling design and monitoring plan; and Public notification and risk communication plan. [Already accounted for under 1, 2 and 6.]
                                                                              0
                                                                             $0
                                                                              0
                                                                             $0
                                                                              0
                                                                             $0

Performance Criterion 11 Total
                                                                              0
                                                                             $0
                                                                              0
                                                                             $0
                                                                              0
                                                                             $0
Total

                                                                          2,155
                                                                       $139,688
                                                                          5,058
                                                                       $184,009
                                                                          7,213
                                                                       $323,697
Annual Total
                                                                            718
                                                                        $46,563
                                                                          1,686
                                                                        $61,336
                                                                          2,404
                                                                       $107,899

The O&M costs were calculated as an average for the 6,238 coastal and Great Lakes beaches identified in EPA's BEACON database (the most recent version available) for the 38 states and territories eligible to participate in the BEACH Act Grant Program. EPA obtained laboratory fees and shipping costs from testing labs and estimated the cost to be $35 per sample. The cost for each state was calculated using the equation below:
6,238 beaches x 2 samples (twice per week) x 26 week season x $35/sample      =      $298,767/state
                                   38 states
EPA estimates an annual O&M cost of $298,767 per state, an annual total O&M cost of $11,353,146 for all 38 states, and a total O&M cost of $34,059,438 for 38 states over 3 years.
6(c)	Estimating Agency Burden and Cost
The BEACH Act requires EPA to devote time and resources to manage the grant program. To develop burden estimates, EPA estimated the number of hours that will be required to administer the program. The Agency estimates that it will take approximately 85 hours per respondent to review and process the applications, monitor respondent programs, and provide miscellaneous support. When multiplied by 38 respondents, the annual Agency burden is 3,240 hours to administer the program and a total Agency burden of 9,720 hours over 3 years. EPA employee costs were estimated assuming a GS-12 Step 1 federal employee earning $61,486 per year and a $29.56 hourly rate plus a 1.6% overhead rate. That is, $29.56 x 1.6 = $47.30. The labor rate was obtained using 2015 salary tables provided by the Office of Personnel Management.
Table 3 presents an estimate of the burden that EPA will incur to manage the BEACH Act Grant Program for years 1 through 3 of this ICR. The annual totals are presented at the bottom of the table.
Table 3. Total Agency burden hours per activity over 3 years
Activities
Agency burden hours
Agency burden dollars
EPA Headquarters to monitor state programs annually to ensure compliance with the performance criteria.
                                                                          1,510
                                                                        $71,423
EPA Regions to monitor state programs annually to ensure compliance with the performance criteria.
                                                                          2,137
                                                                       $101,080
EPA Headquarters and EPA Regions to provide miscellaneous support to states.
                                                                          1,513
                                                                        $71,565
EPA Regions to revise work plans and update beach monitoring and notification program procedures.
                                                                          1,298
                                                                        $61,395
EPA Regions to perform technical review on Quality Assurance Project Plan and Grants Management Plan, DQOs and SOPs prior to implementation.
                                                                          3,262
                                                                       $154,293
Total over 3 years
                                                                          9,720
                                                                       $459,756
Annual total
                                                                          3,240
                                                                       $153,252

6(d)	Estimating the Respondent Universe and Total Burden and Costs
Table 4 presents an estimate of the total respondent burden and costs expected for the BEACH Act Grant Program. The total annual respondent burden is expected to be 91,276 hours and $11,353,146 O&M costs. There are no start-up costs.
Table 4. Annual respondent burden and cost
                             Performance Criteria
                             Respondent Hours/year
                          Respondent labor cost/year
                               O&M cost/year
                          Number of respondents/year
                               Total hours/year
                                Total cost/year
                                                                              1
                                                                            214
                                                                         $8,319
                                                                             $0
                                                                             38
                                                                          8,132
                                                                       $316,109
                                                                              2
                                                                            333
                                                                        $16,108
                                                                             $0
                                                                             38
                                                                         12,654
                                                                       $612,117
                                                                              3
                                                                            263
                                                                        $10,907
                                                                             $0
                                                                             38
                                                                          9,994
                                                                       $414,479
                                                                              4
                                                                            980
                                                                        $44,184
                                                                             $0
                                                                             38
                                                                         37,240
                                                                     $1,679,005
                                                                              5
                                                                             15
                                                                           $615
                                                                             $0
                                                                             38
                                                                            570
                                                                        $23,357
                                                                              6
                                                                             59
                                                                         $2,235
                                                                             $0
                                                                             38
                                                                          2,242
                                                                        $84,917
                                                                              7
                                                                            333
                                                                        $14,023
                                                                             $0
                                                                             38
                                                                         12,654
                                                                       $532,861
                                                                              8
                                                                             64
                                                                         $3,466
                                                                             $0
                                                                             38
                                                                          2,432
                                                                       $131,695
                                                                              9
                                                                              8
                                                                           $348
                                                                             $0
                                                                             38
                                                                            304
                                                                        $13,224
                                                                             10
                                                                            133
                                                                         $7,695
                                                                             $0
                                                                             38
                                                                          5,054
                                                                       $292,397
                                                                             11
                                                                              0
                                                                             $0
                                                                             $0
                                                                             38
                                                                              0
                                                                             $0
                                                                          Total
                                                                          2,402
                                                                       $107,899
                                                                    $11,353,146
                                                                             38
                                                                         91,276
                                                                     $4,100,161

6(e)	Bottom Line Burden Hours and Cost Tables
Table 5 presents an estimate of the total annual State and Agency burden and costs expected for the BEACH Act Grant Program. As shown in Table 5, the annual burden for the Agency and 38 states, tribes, and territories with coastal recreation waters is 94,516 hours and $15,606,560 including O&M costs.
Table 5. Total annual respondent and Agency burden and costs

                                    Annual
                                Burden (hours)
                                  Burden cost
O&M cost
Total cost
                                   38 states
                                    91,276
                                  $4,100,162
                                  $11,353,146
                                  $15,453,308
                                    Agency
                                     3,240
                                   $153,252
                                      $0
                                   $153,252
                                     Total
                                    94,516
                                  $4,253,414
                                  $11,353,146
                                  $15,606,560

6(f)	Reasons for Change in Burden
There is an increase of 2,464 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This is primarily due to one additional tribe having qualified for a BEACH grant. However, the net burden per respondent is similar because respondents have become more efficient in their reporting of data and information over the past several years due to EPA improvements to the eBEACHES data system. The annual O&M costs for all respondents increased from $3,943,080 to $11,353,146 for all states. That is because the number of beaches monitored and reported by grant recipients increased significantly from 3,651 (estimated from the 2010 Annual Swimming Season Report) to 6,238 (estimated from the EPA database, BEACON). EPA maintained its estimate of two samples collected each week per monitored beach; however, EPA increased the sample cost of $30 per sample to $35 and the estimated average beach season length of 18 weeks to 26 weeks based on the beach seasons reported by states in the BEACON database as well as in grant applications.
6(g)	Burden Statement
The annual public reporting and recordkeeping burden for this collection of information is estimated to average 91,276 hours. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. That includes the time needed to review instructions; develop, acquire, install, and use 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 currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR Part 9 and 48 CFR Part 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-2015-0641, which is available for public viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 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 Water Docket is<PHONE_NUMBER>. An electronic version of the public docket is available through Regulations.gov at http://www.regulations.gov/. 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, use the Regulations.gov website. Once there, click search, then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget via<EMAIL_ADDRESS>Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA-HQ-OW-2015-0641 and OMB control number 2040-0244 in any correspondence.
See the accompanying Federal Register notice for instructions to provide comments 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.


[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Notices]
[Pages 48364-48366]
[FR Doc No: 2019-19700]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002; Internal Agency Docket No. FEMA-B-1957]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before December 12, 2019.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA

Map Service Center at https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1957 to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Yavapai County, Arizona and Incorporated Areas
           Project: 18-09-0005S Preliminary Date: May 31, 2019
------------------------------------------------------------------------
Unincorporated Areas of Yavapai County.  Yavapai County Flood Control
                                          District Office, 1120 Commerce
                                          Drive, Prescott, AZ 86305.
------------------------------------------------------------------------
                Tama County, Iowa and Incorporated Areas
          Project: 17-07-0294S Preliminary Date: March 15, 2019
------------------------------------------------------------------------
City of Chelsea........................  City Hall, 600 Station Street,
                                          Chelsea, IA 52215.
City of Clutier........................  City Hall, 214 Main Street,
                                          Clutier, IA 52217.
City of Elberon........................  City Hall, 106 Main Street,
                                          Elberon, IA 52225.
City of Garwin.........................  City Hall, 208 Main Street,
                                          Garwin, IA 50632.
City of Gladbrook......................  City Hall, 319 2nd Street,
                                          Gladbrook, IA 50635.
City of Montour........................  City Hall, 102 East Elm Street,
                                          Montour, IA 50173.
City of Tama...........................  City Hall, 305 Siegel Street,
                                          Tama, IA 52339.
City of Toledo.........................  City Hall, 1007 South Prospect
                                          Drive, Toledo, IA, 52342.
City of Traer..........................  City Hall, 649 2nd Street,
                                          Traer, IA 50675.
City of Vining.........................  City Hall, 407 1st Street,
                                          Vining, IA 52348.
Sac and Fox Tribe of the Mississippi...  Natural Resource Office, 1826
                                          340th Street, Tama, IA 52339.
Unincorporated Areas of Tama County....  Tama County Administration
                                          Building, 104 West State
                                          Street, Toledo, IA 52342.
------------------------------------------------------------------------

[FR Doc. 2019-19700 Filed 9-12-19; 8:45 am]
BILLING CODE 9110-12-P