( h) Modification of secondary treatment requirements The Administrator, with the concurrence of the State, may issue a permit under section 1342 of this title which modifies the requirements of subsection ( b)( 1)( B) of this section with respect to the discharge of any pollutant from a publicly owned treatment works into marine waters, if the applicant demonstrates to the satisfaction of the Administrator that  ( 1) there is an applicable water quality standard specific to the pollutant for which the modification is requested, which has been identified under section 1314( a)( 6) of this title; ( 2) the discharge of pollutants in accordance with such modified requirements will not interfere, alone or in combination with pollutants from other sources, with the attainment or maintenance of that water quality which assures protection of public water supplies 50 50 and the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife, and allows recreational activities, in and on the water; ( 3) the applicant has established a system for monitoring the impact of such discharge on a representative sample of aquatic biota, to the extent practicable, and the scope of such monitoring is limited to include only those scientific investigations which are necessary to study the effects of the proposed discharge; ( 4) such modified requirements will not result in any additional requirements on any other point or nonpoint source; ( 5) all applicable pretreatment requirements for sources introducing waste into such treatment works will be enforced; ( 6) in the case of any treatment works serving a population of 50,000 or more, with respect to any toxic pollutant introduced into such works by an industrial discharger for which pollutant there is no applicable pretreatment requirement in effect, sources introducing waste into such works are in compliance with all applicable pretreatment requirements, the applicant will enforce such requirements, and the applicant has in effect a pretreatment program which, in combination with the treatment of discharges from such works, removes the same amount of such pollutant as would be removed if such works were to apply secondary treatment to discharges and if such works had no pretreatment program with respect to such pollutant; ( 7) to the extent practicable, the applicant has established a schedule of activities designed to eliminate the entrance of toxic pollutants from nonindustrial sources into such treatment works; ( 8) there will be no new or substantially increased discharges from the point source of the pollutant to which the modification applies above that volume of discharge specified in the permit; ( 9) the applicant at the time such modification becomes effective will be discharging effluent which has received at least primary or equivalent treatment and which meets the criteria established under section 1314( a)( 1) of this title after initial mixing in the waters surrounding or adjacent to the point at which such effluent is discharged. For the purposes of this subsection the phrase '' the discharge of any pollutant into marine waters'' refers to a discharge into deep waters of the territorial sea or the waters of the contiguous zone, or into saline estuarine waters where there is strong tidal movement and other hydrological and geological characteristics which the Administrator determines necessary to allow compliance with paragraph ( 2) of this subsection, and section 1251( a)( 2) of this title. For the purposes of paragraph ( 9), '' primary or equivalent treatment'' means treatment by screening, sedimentation, and skimming adequate to remove at least 30 percent of the biological oxygen demanding material and of the suspended solids in the treatment works influent, and disinfection, where appropriate. A municipality which applies secondary treatment shall be eligible to receive a permit pursuant to this 51 51 subsection which modifies the requirements of subsection ( b)( 1)( B) of this section with respect to the discharge of any pollutant from any treatment works owned by such municipality into marine waters. No permit issued under this subsection shall authorize the discharge of sewage sludge into marine waters. In order for a permit to be issued under this subsection for the discharge of a pollutant into marine waters, such marine waters must exhibit characteristics assuring that water providing dilution does not contain significant amounts of previously discharged effluent from such treatment works. No permit issued under this subsection shall authorize the discharge of any pollutant into saline estuarine waters which at the time of application do not support a balanced indigenous population of shellfish, fish and wildlife, or allow recreation in and on the waters or which exhibit ambient water quality below applicable water quality standards adopted for the protection of public water supplies, shellfish, fish and wildlife or recreational activities or such other standards necessary to assure support and protection of such uses. The prohibition contained in the preceding sentence shall apply without regard to the presence or absence of a causal relationship between such characteristics and the applicant's current or proposed discharge. Notwithstanding any other provisions of this subsection, no permit may be issued under this subsection for discharge of a pollutant into the New York Bight Apex consisting of the ocean waters of the Atlantic Ocean westward of 73 degrees 30 minutes west longitude and northward of 40 degrees 10 minutes north latitude.

( i) Municipal time extensions 52 52 ( 1) Where construction is required in order for a planned or existing publicly owned treatment works to achieve limitations under subsection ( b)( 1)( B) or ( b)( 1)( C) of this section, but ( A) construction cannot be completed within the time required in such subsection, or ( B) the United States has failed to make financial assistance under this chapter available in time to achieve such limitations by the time specified in such subsection, the owner or operator of such treatment works may request the Administrator ( or if appropriate the State) to issue a permit pursuant to section 1342 of this title or to modify a permit issued pursuant to that section to extend such time for compliance. Any such request shall be filed with the Administrator ( or if appropriate the State) within 180 days after February 4, 1987. The Administrator ( or if appropriate the State) may grant such request and issue or modify such a permit, which shall contain a schedule of compliance for the publicly owned treatment works based on the earliest date by which such financial assistance will be available from the United States and construction can be completed, but in no event later than July 1, 1988, and shall contain such other terms and conditions, including those necessary to carry out subsections ( b) through ( g) of section 1281 of this title, section 1317 of this title, and such interim effluent limitations applicable to that treatment works as the Administrator determines are necessary to carry out the provisions of this chapter. ( 2) ( A) Where a point source ( other than a publicly owned treatment works) will not achieve the requirements of subsections ( b)( 1)( A) and ( b)( 1)( C) of this section and   ( i) if a permit issued prior to July 1, 1977, to such point source is based upon a discharge into a publicly owned treatment works; or  ( ii) if such point source ( other than a publicly owned treatment works) had before July 1, 1977, a contract ( enforceable against such point source) to discharge into a publicly owned treatment works; or  ( iii) if either an application made before July 1, 1977, for a construction grant under this chapter for a publicly owned treatment works, or engineering or architectural plans or working drawings made before July 1, 1977, for a publicly owned treatment works, show that such point source was to discharge into such publicly owned treatment works, and such publicly owned treatment works is presently unable to accept such discharge without construction, and in the case of a discharge to an existing publicly owned treatment works, such treatment works has an extension pursuant to paragraph ( 1) of this subsection, the owner or operator of such point source may request the Administrator ( or if appropriate the State) to issue or modify such a permit pursuant to such section 1342 of this title to extend such time for compliance. Any such request shall be filed with the Administrator ( or if appropriate the State) within 180 days after December 27, 1977, or the filing of a request by the 53 53 appropriate publicly owned treatment works under paragraph ( 1) of this subsection, whichever is later. If the Administrator ( or if appropriate the State) finds that the owner or operator of such point source has acted in good faith, he may grant such request and issue or modify such a permit, which shall contain a schedule of compliance for the point source to achieve the requirements of subsections ( b)( 1)( A) and ( C) of this section and shall contain such other terms and conditions, including pretreatment and interim effluent limitations and water conservation requirements applicable to that point source, as the Administrator determines are necessary to carry out the provisions of this chapter. ( B) No time modification granted by the Administrator ( or if appropriate the State) pursuant to paragraph ( 2)( A) of this subsection shall extend beyond the earliest date practicable for compliance or beyond the date of any extension granted to the appropriate publicly owned treatment works pursuant to paragraph ( 1) of this subsection, but in no event shall it extend beyond July 1, 1988; and no such time modification shall be granted unless ( i) the publicly owned treatment works will be in operation and available to the point source before July 1, 1988, and will meet the requirements of subsections ( b)( 1)( B) and ( C) of this section after receiving the discharge from that point source; and ( ii) the point source and the publicly owned treatment works have entered into an enforceable contract requiring the point source to discharge into the publicly owned treatment works, the owner or operator of such point source to pay the costs required under section 1284 of this title, and the publicly owned treatment works to accept the discharge from the point source; and ( iii) the permit for such point source requires that point source to meet all requirements under section 1317( a) and ( b) of this title during the period of such time modification.

( j) Modification procedures ( 1) Any application filed under this section for a modification of the provisions of ( A) subsection ( b)( 1)( B) of this section under subsection ( h) of this section shall be filed not later that [ 1] the 365th day which begins after December 29, 1981, except that a publicly owned treatment works which prior to December 31, 1982, had a contractual arrangement to use a portion of the capacity of an ocean outfall operated by another publicly owned treatment works which has applied for or received modification under subsection ( h) of this section, may apply for a modification of subsection ( h) of this section in its own right not later than 30 days after February 4, 1987, and except as provided in paragraph ( 5); ( B) subsection ( b)( 2)( A) of this section as it applies to pollutants identified in subsection ( b)( 2)( F) of this section shall be filed not later than 270 days after the date of promulgation of an applicable effluent guideline under section 1314 of this title or not later than 270 days after December 27, 1977, whichever is later. 54 54 ( 2) Subject to paragraph ( 3) of this section, any application for a modification filed under subsection ( g) of this section shall not operate to stay any requirement under this chapter, unless in the judgment of the Administrator such a stay or the modification sought will not result in the discharge of pollutants in quantities which may reasonably be anticipated to pose an unacceptable risk to human health or the environment because of bioaccumulation, persistency in the environment, acute toxicity, chronic toxicity ( including carcinogenicity, mutagenicity, or teratogenicity), or synergistic propensities, and that there is a substantial likelihood that the applicant will succeed on the merits of such application. In the case of an application filed under subsection ( g) of this section, the Administrator may condition any stay granted under this paragraph on requiring the filing of a bond or other appropriate security to assure timely compliance with the requirements from which a modification is sought. ( 3) Compliance requirements under subsection ( g).  ( A) Effect of filing.  An application for a modification under subsection ( g) of this section and a petition for listing of a pollutant as a pollutant for which modifications are authorized under such subsection shall not stay the requirement that the person seeking such modification or listing comply with effluent limitations under this chapter for all pollutants not the subject of such application or petition. ( B) Effect of disapproval.  Disapproval of an application for a modification under subsection ( g) of this section shall not stay the requirement that the person seeking such modification comply with all applicable effluent limitations under this chapter. ( 4) Deadline for subsection ( g) decision.  An application for a modification with respect to a pollutant filed under subsection ( g) of this section must be approved or disapproved not later than 365 days after the date of such filing; except that in any case in which a petition for listing such pollutant as a pollutant for which modifications are authorized under such subsection is approved, such application must be approved or disapproved not later than 365 days after the date of approval of such petition. ( 5) Extension of application deadline.  ( A) In general.  In the 180 day period beginning on October 31, 1994, the city of San Diego, California, may apply for a modification pursuant to subsection ( h) of this section of the requirements of subsection ( b)( 1)( B) of this section with respect to biological oxygen demand and total suspended solids in the effluent discharged into marine waters. ( B) Application.  An application under this paragraph shall include a commitment by the applicant to implement a waste water reclamation program that, at a minimum, will  ( i) achieve a system capacity of 45,000,000 gallons of reclaimed waste water per day by January 1, 2010; and 55 55  ( ii) result in a reduction in the quantity of suspended solids discharged by the applicant into the marine environment during the period of the modification. ( C) Additional conditions.  The Administrator may not grant a modification pursuant to an application submitted under this paragraph unless the Administrator determines that such modification will result in removal of not less than 58 percent of the biological oxygen demand ( on an annual average) and not less than 80 percent of total suspended solids ( on a monthly average) in the discharge to which the application applies. ( D) Preliminary decision deadline.  The Administrator shall announce a preliminary decision on an application submitted under this paragraph not later than 1 year after the date the application is submitted.

( k) Innovative technology In the case of any facility subject to a permit under section 1342 of this title which proposes to comply with the requirements of subsection ( b)( 2)( A) or ( b)( 2)( E) of this section by replacing existing production capacity with an innovative production process which will result in an effluent reduction significantly greater than that required by the limitation otherwise applicable to such facility and moves toward the national goal of eliminating the discharge of all pollutants, or with the installation of an innovative control technique that has a substantial likelihood for enabling the facility to comply with the applicable effluent limitation by achieving a significantly greater effluent reduction than that required by the applicable effluent limitation and moves toward the national goal of eliminating the discharge of all pollutants, or by achieving the required reduction with an innovative system that has the potential for significantly lower costs than the systems which have been determined by the Administrator to be economically achievable, the Administrator ( or the State with an approved program under section 1342 of this title, in consultation with the Administrator) may establish a date for compliance under subsection ( b)( 2)( A) or ( b)( 2)( E) of this section no later than two years after the date for compliance with such effluent limitation which would otherwise be applicable under such subsection, if it is also determined that such innovative system has the potential for industrywide application.

( l) Toxic pollutants Other than as provided in subsection ( n) of this section, the Administrator may not modify any requirement of this section as it applies to any specific pollutant which is on the toxic pollutant list under section 1317( a)( 1) of this title.

( m) Modification of effluent limitation requirements for point sources ( 1) The Administrator, with the concurrence of the State, may issue a permit under section 1342 of this title which modifies the requirements of subsections ( b)( 1)( A) and 56 56 ( b)( 2)( E) of this section, and of section 1343 of this title, with respect to effluent limitations to the extent such limitations relate to biochemical oxygen demand and pH from discharges by an industrial discharger in such State into deep waters of the territorial seas, if the applicant demonstrates and the Administrator finds that ( A) the facility for which modification is sought is covered at the time of the enactment of this subsection by National Pollutant Discharge Elimination System permit number CA0005894 or CA0005282; ( B) the energy and environmental costs of meeting such requirements of subsections ( b)( 1)( A) and ( b)( 2)( E) of this section and section 1343 of this title exceed by an unreasonable amount the benefits to be obtained, including the objectives of this chapter; ( C) the applicant has established a system for monitoring the impact of such discharges on a representative sample of aquatic biota; ( D) such modified requirements will not result in any additional requirements on any other point or nonpoint source; ( E) there will be no new or substantially increased discharges from the point source of the pollutant to which the modification applies above that volume of discharge specified in the permit; ( F) the discharge is into waters where there is strong tidal movement and other hydrological and geological characteristics which are necessary to allow compliance with this subsection and section 1251( a)( 2) of this title; ( G) the applicant accepts as a condition to the permit a contractural [ 2] obligation to use funds in the amount required ( but not less than $ 250,000 per year for ten years) for research and development of water pollution control technology, including but not limited to closed cycle technology; ( H) the facts and circumstances present a unique situation which, if relief is granted, will not establish a precedent or the relaxation of the requirements of this chapter applicable to similarly situated discharges; and ( I) no owner or operator of a facility comparable to that of the applicant situated in the United States has demonstrated that it would be put at a competitive disadvantage to the applicant ( or the parent company or any subsidiary thereof) as a result of the issuance of a permit under this subsection. ( 2) The effluent limitations established under a permit issued under paragraph ( 1) shall be sufficient to implement the applicable State water quality standards, to assure the protection of public water supplies and protection and propagation of a balanced, indigenous population of shellfish, fish, fauna, wildlife, and other aquatic organisms, and to allow recreational activities in and on the water. In setting such limitations, the Administrator shall take into account any seasonal variations and the need for an adequate margin of safety, considering the lack of essential knowledge concerning the 57 57 relationship between effluent limitations and water quality and the lack of essential knowledge of the effects of discharges on beneficial uses of the receiving waters. ( 3) A permit under this subsection may be issued for a period not to exceed five years, and such a permit may be renewed for one additional period not to exceed five years upon a demonstration by the applicant and a finding by the Administrator at the time of application for any such renewal that the provisions of this subsection are met. ( 4) The Administrator may terminate a permit issued under this subsection if the Administrator determines that there has been a decline in ambient water quality of the receiving waters during the period of the permit even if a direct cause and effect relationship cannot be shown: Provided, That if the effluent from a source with a permit issued under this subsection is contributing to a decline in ambient water quality of the receiving waters, the Administrator shall terminate such permit.

( n) Fundamentally different factors ( 1) General rule The Administrator, with the concurrence of the State, may establish an alternative requirement under subsection ( b)( 2) of this section or section 1317( b) of this title for a facility that modifies the requirements of national effluent limitation guidelines or categorical pretreatment standards that would otherwise be applicable to such facility, if the owner or operator of such facility demonstrates to the satisfaction of the Administrator that  ( A) the facility is fundamentally different with respect to the factors ( other than cost) specified in section 1314( b) or 1314( g) of this title and considered by the Administrator in establishing such national effluent limitation guidelines or categorical pretreatment standards; ( B) the application  ( i) is based solely on information and supporting data submitted to the Administrator during the rulemaking for establishment of the applicable national effluent limitation guidelines or categorical pretreatment standard specifically raising the factors that are fundamentally different for such facility; or  ( ii) is based on information and supporting data referred to in clause ( i) and information and supporting data the applicant did not have a reasonable opportunity to submit during such rulemaking; ( C) the alternative requirement is no less stringent than justified by the fundamental difference; and ( D) the alternative requirement will not result in a non water quality environmental impact which is markedly more adverse than the impact considered by the Administrator in establishing such national effluent limitation guideline or categorical pretreatment standard. 58 58 ( 2) Time limit for applications An application for an alternative requirement which modifies the requirements of an effluent limitation or pretreatment standard under this subsection must be submitted to the Administrator within 180 days after the date on which such limitation or standard is established or revised, as the case may be. ( 3) Time limit for decision The Administrator shall approve or deny by final agency action an application submitted under this subsection within 180 days after the date such application is filed with the Administrator. ( 4) Submission of information The Administrator may allow an applicant under this subsection to submit information and supporting data until the earlier of the date the application is approved or denied or the last day that the Administrator has to approve or deny such application. ( 5) Treatment of pending applications For the purposes of this subsection, an application for an alternative requirement based on fundamentally different factors which is pending on February 4, 1987, shall be treated as having been submitted to the Administrator on the 180th day following February 4, 1987. The applicant may amend the application to take into account the provisions of this subsection. ( 6) Effect of submission of application An application for an alternative requirement under this subsection shall not stay the applicant's obligation to comply with the effluent limitation guideline or categorical pretreatment standard which is the subject of the application. ( 7) Effect of denial If an application for an alternative requirement which modifies the requirements of an effluent limitation or pretreatment standard under this subsection is denied by the Administrator, the applicant must comply with such limitation or standard as established or revised, as the case may be. ( 8) Reports By January 1, 1997, and January 1 of every odd numbered year thereafter, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the status of applications for alternative requirements which modify the requirements of effluent limitations under section 1311 or 1314 of this title or any national categorical pretreatment standard under section 1317( b) of this title filed before, on, or after February 4, 1987.

( o) Application fees 59 59 The Administrator shall prescribe and collect from each applicant fees reflecting the reasonable administrative costs incurred in reviewing and processing applications for modifications submitted to the Administrator pursuant to subsections ( c), ( g), ( i), ( k), ( 1) Application fees section 1326( a) of this title. All amounts collected by the Administrator under this subsection shall be deposited into a special fund of the Treasury entitled '' Water Permits and Related Services'' which shall thereafter be available for appropriation to carry out activities of the Environmental Protection Agency for which such fees were collected. ( p) Modified permit for coal remaining operations ( 1) In general Subject to paragraphs ( 2) through ( 4) of this subsection, the Administrator, or the State in any case which the State has an approved permit program under section 1342( b) of this title, may issue a permit under section 1342 of this title which modifies the requirements of subsection ( b)( 2)( A) of this section with respect to the pH level of any pre existing discharge, and with respect to pre existing discharges of iron and manganese from the remined area of any coal remining operation or with respect to the pH level or level of iron or manganese in any pre existing discharge affected by the remining operation. Such modified requirements shall apply the best available technology economically achievable on a case by case basis, using best professional judgment, to set specific numerical effluent limitations in each permit. ( 2) Limitations The Administrator or the State may only issue a permit pursuant to paragraph ( 1) if the applicant demonstrates to the satisfaction of the Administrator or the State, as the case may be, that the coal remining operation will result in the potential for improved water quality from the remining operation but in no event shall such a permit allow the pH level of any discharge, and in no event shall such a permit allow the discharges of iron and manganese, to exceed the levels being discharged from the remined area before the coal remining operation begins. No discharge from, or affected by, the remining operation shall exceed State water quality standards established under section 1313 of this title. ( 3) Definitions For purposes of this subsection  ( A) Coal remining operation The term '' coal remining operation'' means a coal mining operation which begins after February 4, 1987 at a site on which coal mining was conducted before August 3, 1977. ( B) Remined area The term '' remined area'' means only that area of any coal remining operation on which coal mining was conducted before August 3, 1977. ( C) Pre existing discharge 60 60 The term '' pre existing discharge'' means any discharge at the time of permit application under this subsection. ( 4) Applicability of strip mining laws Nothing in this subsection shall affect the application of the Surface Mining Control and Reclamation Act of 1977 ( 30 U. S. C. 1201 et seq.) to any coal remining operation, including the application of such Act to suspended solids.

Footnotes [ 1] So in original. Probably should be '' than''. [ 2] So in original. Probably should be '' contractual''. 61 United States Code Title 33 ( Navigation and Navigable Waters) Chapter 26 ( Water Pollution Prevention and Control) Subchapter III ( Standards and Enforcement)

Sec. 1318. Records and reports; inspections ( a) Maintenance; monitoring equipment; entry; access to information Whenever required to carry out the objective of this chapter, including but not limited to ( 1) developing or assisting in the development of any effluent limitation, or other limitation, prohibition, or effluent standard, pretreatment standard, or standard of performance under this chapter; ( 2) determining whether any person is in violation of any such effluent limitation, or other limitation, prohibition or effluent standard, pretreatment standard, or standard of performance; ( 3) any requirement established under this section; or ( 4) carrying out sections 1315, 1321, 1342, 1344 ( relating to State permit programs), 1345, and 1364 of this title  ( A) the Administrator shall require the owner or operator of any point source to ( i) establish and maintain such records, ( ii) make such reports, ( iii) install, use, and maintain such monitoring equipment or methods ( including where appropriate, biological monitoring methods), ( iv) sample such effluents ( in accordance with such methods, at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and ( v) provide such other information as he may reasonably require; and ( B) the Administrator or his authorized representative ( including an authorized contractor acting as a representative of the Administrator), upon presentation of his credentials  ( i) shall have a right of entry to, upon, or through any premises in which an effluent source is located or in which any records required to be maintained under clause ( A) of this subsection are located, and ( ii) may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under clause ( A), and sample any effluents which the owner or operator of such source is required to sample under such clause.

( b) Availability to public; trade secrets exception; penalty for disclosure of confidential information Any records, reports, or information obtained under this section ( 1) shall, in the case of effluent data, be related to any applicable effluent limitations, toxic, pretreatment, or new source performance standards, and ( 2) shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or particular part thereof ( other than effluent data), to which the Administrator has access under this section, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information, or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18. Any authorized representative of the Administrator ( including an 62 authorized contractor acting as a representative of the Administrator) who knowingly or willfully publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered confidential under this subsection shall be fined not more than $ 1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall prohibit the Administrator or an authorized representative of the Administrator ( including any authorized contractor acting as a representative of the Administrator) from disclosing records, reports, or information to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter or when relevant in any proceeding under this chapter.

( c) Application of State law Each State may develop and submit to the Administrator procedures under State law for inspection, monitoring, and entry with respect to point sources located in such State. If the Administrator finds that the procedures and the law of any State relating to inspection, monitoring, and entry are applicable to at least the same extent as those required by this section, such State is authorized to apply and enforce its procedures for inspection, monitoring, and entry with respect to point sources located in such State ( except with respect to point sources owned or operated by the United States).

( d) Access by Congress Notwithstanding any limitation contained in this section or any other provision of law, all information reported to or otherwise obtained by the Administrator ( or any representative of the Administrator) under this chapter shall be made available, upon written request of any duly authorized committee of Congress, to such committee. 63 United States Code Title 33 ( Navigation and Navigable Waters) Chapter 26 ( Water Pollution Prevention and Control) Subchapter IV ( Permits and Licenses)

Sec. 1341.  Certification ( a) Compliance with applicable requirements; application; procedures; license suspension ( 1) Any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates or will originate, or, if appropriate, from the interstate water pollution control agency having jurisdiction over the navigable waters at the point where the discharge originates or will originate, that any such discharge will comply with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title. In the case of any such activity for which there is not an applicable effluent limitation or other limitation under sections 1311( b) and 1312 of this title, and there is not an applicable standard under sections 1316 and 1317 of this title, the State shall so certify, except that any such certification shall not be deemed to satisfy section 1371( c) of this title. Such State or interstate agency shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications. In any case where a State or interstate agency has no authority to give such a certification, such certification shall be from the Administrator. If the State, interstate agency, or Administrator, as the case may be, fails or refuses to act on a request for certification, within a reasonable period of time ( which shall not exceed one year) after receipt of such request, the certification requirements of this subsection shall be waived with respect to such Federal application. No license or permit shall be granted until the certification required by this section has been obtained or has been waived as provided in the preceding sentence. No license or permit shall be granted if certification has been denied by the State, interstate agency, or the Administrator, as the case may be. ( 2) Upon receipt of such application and certification the licensing or permitting agency shall immediately notify the Administrator of such application and certification. Whenever such a discharge may affect, as determined by the Administrator, the quality of the waters of any other State, the Administrator within thirty days of the date of notice of application for such Federal license or permit shall so notify such other State, the licensing or permitting agency, and the applicant. If, within sixty days after receipt of such notification, such other State determines that such discharge will affect the quality of its waters so as to violate any water quality requirements in such State, and within such sixty day period notifies the Administrator and the licensing or permitting agency in writing of its objection to the issuance of such license or permit and requests a public hearing on such objection, the licensing or permitting agency shall hold such a hearing. The Administrator shall at such hearing submit his evaluation and recommendations with respect to any such objection to the licensing or permitting agency. Such agency, based upon the recommendations of such State, the Administrator, and upon any additional evidence, if any, presented to the agency at the hearing, shall condition such license or permit in such manner as may be necessary to insure compliance with applicable water 64 quality requirements. If the imposition of conditions cannot insure such compliance such agency shall not issue such license or permit. ( 3) The certification obtained pursuant to paragraph ( 1) of this subsection with respect to the construction of any facility shall fulfill the requirements of this subsection with respect to certification in connection with any other Federal license or permit required for the operation of such facility unless, after notice to the certifying State, agency, or Administrator, as the case may be, which shall be given by the Federal agency to whom application is made for such operating license or permit, the State, or if appropriate, the interstate agency or the Administrator, notifies such agency within sixty days after receipt of such notice that there is no longer reasonable assurance that there will be compliance with the applicable provisions of sections 1311, 1312, 1313, 1316, and 1317 of this title because of changes since the construction license or permit certification was issued in ( A) the construction or operation of the facility, ( B) the characteristics of the waters into which such discharge is made, ( C) the water quality criteria applicable to such waters or ( D) applicable effluent limitations or other requirements. This paragraph shall be inapplicable in any case where the applicant for such operating license or permit has failed to provide the certifying State, or, if appropriate, the interstate agency or the Administrator, with notice of any proposed changes in the construction or operation of the facility with respect to which a construction license or permit has been granted, which changes may result in violation of section 1311, 1312, 1313, 1316, or 1317 of this title. ( 4) Prior to the initial operation of any federally licensed or permitted facility or activity which may result in any discharge into the navigable waters and with respect to which a certification has been obtained pursuant to paragraph ( 1) of this subsection, which facility or activity is not subject to a Federal operating license or permit, the licensee or permittee shall provide an opportunity for such certifying State, or, if appropriate, the interstate agency or the Administrator to review the manner in which the facility or activity shall be operated or conducted for the purposes of assuring that applicable effluent limitations or other limitations or other applicable water quality requirements will not be violated. Upon notification by the certifying State, or if appropriate, the interstate agency or the Administrator that the operation of any such federally licensed or permitted facility or activity will violate applicable effluent limitations or other limitations or other water quality requirements such Federal agency may, after public hearing, suspend such license or permit. If such license or permit is suspended, it shall remain suspended until notification is received from the certifying State, agency, or Administrator, as the case may be, that there is reasonable assurance that such facility or activity will not violate the applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of this title. ( 5) Any Federal license or permit with respect to which a certification has been obtained under paragraph ( 1) of this subsection may be suspended or revoked by the Federal agency issuing such license or permit upon the entering of a judgment under this chapter that such facility or activity has been operated in violation of the applicable provisions of section 1311, 1312, 1313, 1316, or 1317 of this title. ( 6) Except with respect to a permit issued under section 1342 of this title, in any case where actual construction of a facility has been lawfully commenced prior to April 3, 1970, no certification shall be required under this subsection for a license or permit issued after April 3, 1970, to operate such facility, except that any such license or permit issued without certification shall terminate April 3, 1973, unless prior to such termination 65 date the person having such license or permit submits to the Federal agency which issued such license or permit a certification and otherwise meets the requirements of this section. ( b) Compliance with other provisions of law setting applicable water quality requirements Nothing in this section shall be construed to limit the authority of any department or agency pursuant to any other provision of law to require compliance with any applicable water quality requirements. The Administrator shall, upon the request of any Federal department or agency, or State or interstate agency, or applicant, provide, for the purpose of this section, any relevant information on applicable effluent limitations, or other limitations, standards, regulations, or requirements, or water quality criteria, and shall, when requested by any such department or agency or State or interstate agency, or applicant, comment on any methods to comply with such limitations, standards, regulations, requirements, or criteria. ( c) Authority of Secretary of the Army to permit use of spoil disposal areas by Federal licensees or permittees In order to implement the provisions of this section, the Secretary of the Army, acting through the Chief of Engineers, is authorized, if he deems it to be in the public interest, to permit the use of spoil disposal areas under his jurisdiction by Federal licensees or permittees, and to make an appropriate charge for such use. Moneys received from such licensees or permittees shall be deposited in the Treasury as miscellaneous receipts. ( d) Limitations and monitoring requirements of certification Any certification provided under this section shall set forth any effluent limitations and other limitations, and monitoring requirements necessary to assure that any applicant for a Federal license or permit will comply with any applicable effluent limitations and other limitations, under section 1311 or 1312 of this title, standard of performance under section 1316 of this title, or prohibition, effluent standard, or pretreatment standard under section 1317 of this title, and with any other appropriate requirement of State law set forth in such certification, and shall become a condition on any Federal license or permit subject to the provisions of this section. 66 United States Code Title 33 ( Navigation and Navigable Waters) Chapter 26 ( Water Pollution Prevention and Control) Subchapter IV ( Permits and Licenses)

Sec. 1342. National pollutant discharge elimination system ( a) Permits for discharge of pollutants ( 1) Except as provided in sections 1328 and 1344 of this title, the Administrator may, after opportunity for public hearing issue a permit for the discharge of any pollutant, or combination of pollutants, notwithstanding section 1311( a) of this title, upon condition that such discharge will meet either ( A) all applicable requirements under sections 1311, 1312, 1316, 1317, 1318, and 1343 of this title, or ( B) prior to the taking of necessary implementing actions relating to all such requirements, such conditions as the Administrator determines are necessary to carry out the provisions of this chapter. ( 2) The Administrator shall prescribe conditions for such permits to assure compliance with the requirements of paragraph ( 1) of this subsection, including conditions on data and information collection, reporting, and such other requirements as he deems appropriate. ( 3) The permit program of the Administrator under paragraph ( 1) of this subsection, and permits issued thereunder, shall be subject to the same terms, conditions, and requirements as apply to a State permit program and permits issued thereunder under subsection ( b) of this section. ( 4) All permits for discharges into the navigable waters issued pursuant to section 407 of this title shall be deemed to be permits issued under this subchapter, and permits issued under this subchapter shall be deemed to be permits issued under section 407 of this title, and shall continue in force and effect for their term unless revoked, modified, or suspended in accordance with the provisions of this chapter. ( 5) No permit for a discharge into the navigable waters shall be issued under section 407 of this title after October 18, 1972. Each application for a permit under section 407 of this title, pending on October 18, 1972, shall be deemed to be an application for a permit under this section. The Administrator shall authorize a State, which he determines has the capability of administering a permit program which will carry out the objectives of this chapter to issue permits for discharges into the navigable waters within the jurisdiction of such State. The Administrator may exercise the authority granted him by the preceding sentence only during the period which begins on October 18, 1972, and ends either on the ninetieth day after the date of the first promulgation of guidelines required by section 1314( i)( 2) of this title, or the date of approval by the Administrator of a permit program for such State under subsection ( b) of this section, whichever date first occurs, and no such authorization to a State shall extend beyond the last day of such period. Each such permit shall be subject to such conditions as the Administrator determines are necessary to carry out the provisions of this chapter. No such permit shall issue if the Administrator objects to such issuance.

( b) State permit programs At any time after the promulgation of the guidelines required by subsection ( i)( 2) of section 1314 of this title, the Governor of each State desiring to administer its own permit program 67 for discharges into navigable waters within its jurisdiction may submit to the Administrator a full and complete description of the program it proposes to establish and administer under State law or under an interstate compact. In addition, such State shall submit a statement from the attorney general ( or the attorney for those State water pollution control agencies which have independent legal counsel), or from the chief legal officer in the case of an interstate agency, that the laws of such State, or the interstate compact, as the case may be, provide adequate authority to carry out the described program. The Administrator shall approve each submitted program unless he determines that adequate authority does not exist: ( 1) To issue permits which  ( A) apply, and insure compliance with, any applicable requirements of sections 1311, 1312, 1316, 1317, and 1343 of this title; ( B) are for fixed terms not exceeding five years; and ( C) can be terminated or modified for cause including, but not limited to, the following:  ( i) violation of any condition of the permit;  ( ii) obtaining a permit by misrepresentation, or failure to disclose fully all relevant facts;  ( iii) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; ( D) control the disposal of pollutants into wells; ( 2) ( A) To issue permits which apply, and insure compliance with, all applicable requirements of section 1318 of this title; or ( B) To inspect, monitor, enter, and require reports to at least the same extent as required in section 1318 of this title; ( 3) To insure that the public, and any other State the waters of which may be affected, receive notice of each application for a permit and to provide an opportunity for public hearing before a ruling on each such application; ( 4) To insure that the Administrator receives notice of each application ( including a copy thereof) for a permit; ( 5) To insure that any State ( other than the permitting State), whose waters may be affected by the issuance of a permit may submit written recommendations to the permitting State ( and the Administrator) with respect to any permit application and, if any part of such written recommendations are not accepted by the permitting State, that the permitting State will notify such affected State ( and the Administrator) in writing of its failure to so accept such recommendations together with its reasons for so doing; ( 6) To insure that no permit will be issued if, in the judgment of the Secretary of the Army acting through the Chief of Engineers, after consultation with the Secretary of the department in which the Coast Guard is operating, anchorage and navigation of any of the navigable waters would be substantially impaired thereby; ( 7) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of enforcement; ( 8) To insure that any permit for a discharge from a publicly owned treatment works includes conditions to require the identification in terms of character and volume of pollutants of any significant source introducing pollutants subject to pretreatment standards under section 1317( b) of this title into such works and a program to assure compliance with such pretreatment standards by each such source, in addition to adequate notice to the permitting agency of ( A) new introductions into such works of pollutants 68 from any source which would be a new source as defined in section 1316 of this title if such source were discharging pollutants, ( B) new introductions of pollutants into such works from a source which would be subject to section 1311 of this title if it were discharging such pollutants, or ( C) a substantial change in volume or character of pollutants being introduced into such works by a source introducing pollutants into such works at the time of issuance of the permit. Such notice shall include information on the quality and quantity of effluent to be introduced into such treatment works and any anticipated impact of such change in the quantity or quality of effluent to be discharged from such publicly owned treatment works; and ( 9) To insure that any industrial user of any publicly owned treatment works will comply with sections 1284( b), 1317, and 1318 of this title.

( c) Suspension of Federal program upon submission of State program; withdrawal of approval of State program; return of State program to Administrator ( 1) Not later than ninety days after the date on which a State has submitted a program ( or revision thereof) pursuant to subsection ( b) of this section, the Administrator shall suspend the issuance of permits under subsection ( a) of this section as to those discharges subject to such program unless he determines that the State permit program does not meet the requirements of subsection ( b) of this section or does not conform to the guidelines issued under section 1314( i)( 2) of this title. If the Administrator so determines, he shall notify the State of any revisions or modifications necessary to conform to such requirements or guidelines. ( 2) Any State permit program under this section shall at all times be in accordance with this section and guidelines promulgated pursuant to section 1314( i)( 2) of this title. ( 3) Whenever the Administrator determines after public hearing that a State is not administering a program approved under this section in accordance with requirements of this section, he shall so notify the State and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such program. The Administrator shall not withdraw approval of any such program unless he shall first have notified the State, and made public, in writing, the reasons for such withdrawal. ( 4) Limitations on partial permit program returns and withdrawals.  A State may return to the Administrator administration, and the Administrator may withdraw under paragraph ( 3) of this subsection approval, of  ( A) a State partial permit program approved under subsection ( n)( 3) of this section only if the entire permit program being administered by the State department or agency at the time is returned or withdrawn; and ( B) a State partial permit program approved under subsection ( n)( 4) of this section only if an entire phased component of the permit program being administered by the State at the time is returned or withdrawn.

( d) Notification of Administrator ( 1) Each State shall transmit to the Administrator a copy of each permit application received by such State and provide notice to the Administrator of every action related to the consideration of such permit application, including each permit proposed to be issued by such State. ( 2) No permit shall issue 69 ( A) if the Administrator within ninety days of the date of his notification under subsection ( b)( 5) of this section objects in writing to the issuance of such permit, or ( B) if the Administrator within ninety days of the date of transmittal of the proposed permit by the State objects in writing to the issuance of such permit as being outside the guidelines and requirements of this chapter. Whenever the Administrator objects to the issuance of a permit under this paragraph such written objection shall contain a statement of the reasons for such objection and the effluent limitations and conditions which such permit would include if it were issued by the Administrator. ( 3) The Administrator may, as to any permit application, waive paragraph ( 2) of this subsection. ( 4) In any case where, after December 27, 1977, the Administrator, pursuant to paragraph ( 2) of this subsection, objects to the issuance of a permit, on request of the State, a public hearing shall be held by the Administrator on such objection. If the State does not resubmit such permit revised to meet such objection within 30 days after completion of the hearing, or, if no hearing is requested within 90 days after the date of such objection, the Administrator may issue the permit pursuant to subsection ( a) of this section for such source in accordance with the guidelines and requirements of this chapter.

( e) Waiver of notification requirement In accordance with guidelines promulgated pursuant to subsection ( i)( 2) of section 1314 of this title, the Administrator is authorized to waive the requirements of subsection ( d) of this section at the time he approves a program pursuant to subsection ( b) of this section for any category ( including any class, type, or size within such category) of point sources within the State submitting such program.

( f) Point source categories The Administrator shall promulgate regulations establishing categories of point sources which he determines shall not be subject to the requirements of subsection ( d) of this section in any State with a program approved pursuant to subsection ( b) of this section. The Administrator may distinguish among classes, types, and sizes within any category of point sources.

( g) Other regulations for safe transportation, handling, carriage, storage, and stowage of pollutants Any permit issued under this section for the discharge of pollutants into the navigable waters from a vessel or other floating craft shall be subject to any applicable regulations promulgated by the Secretary of the department in which the Coast Guard is operating, establishing specifications for safe transportation, handling, carriage, storage, and stowage of pollutants.

( h) Violation of permit conditions; restriction or prohibition upon introduction of pollutant by source not previously utilizing treatment works In the event any condition of a permit for discharges from a treatment works ( as defined in section 1292 of this title) which is publicly owned is violated, a State with a program approved under subsection ( b) of this section or the Administrator, where no State program is approved or where the Administrator determines pursuant to section 1319( a) of this title that a State with an approved program has not commenced appropriate enforcement action with respect to such permit, may proceed in a court of competent jurisdiction to restrict or prohibit 70 the introduction of any pollutant into such treatment works by a source not utilizing such treatment works prior to the finding that such condition was violated.

( i) Federal enforcement not limited Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to section 1319 of this title.

( j) Public information A copy of each permit application and each permit issued under this section shall be available to the public. Such permit application or permit, or portion thereof, shall further be available on request for the purpose of reproduction.

( k) Compliance with permits Compliance with a permit issued pursuant to this section shall be deemed compliance, for purposes of sections 1319 and 1365 of this title, with sections 1311, 1312, 1316, 1317, and 1343 of this title, except any standard imposed under section 1317 of this title for a toxic pollutant injurious to human health. Until December 31, 1974, in any case where a permit for discharge has been applied for pursuant to this section, but final administrative disposition of such application has not been made, such discharge shall not be a violation of ( 1) section 1311, 1316, or 1342 of this title, or ( 2) section 407 of this title, unless the Administrator or other plaintiff proves that final administrative disposition of such application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application. For the 180 day period beginning on October 18, 1972, in the case of any point source discharging any pollutant or combination of pollutants immediately prior to such date which source is not subject to section 407 of this title, the discharge by such source shall not be a violation of this chapter if such a source applies for a permit for discharge pursuant to this section within such 180 day period.

( l) Limitation on permit requirement ( 1) Agricultural return flows The Administrator shall not require a permit under this section for discharges composed entirely of return flows from irrigated agriculture, nor shall the Administrator directly or indirectly, require any State to require such a permit. ( 2) Stormwater runoff from oil, gas, and mining operations The Administrator shall not require a permit under this section, nor shall the Administrator directly or indirectly require any State to require a permit, for discharges of stormwater runoff from mining operations or oil and gas exploration, production, processing, or treatment operations or transmission facilities, composed entirely of flows which are from conveyances or systems of conveyances ( including but not limited to pipes, conduits, ditches, and channels) used for collecting and conveying precipitation runoff and which are not contaminated by contact with, or do not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct, or waste products located on the site of such operations.

( m) Additional pretreatment of conventional pollutants not required To the extent a treatment works ( as defined in section 1292 of this title) which is publicly owned is not meeting the requirements of a permit issued under this section for such 71 treatment works as a result of inadequate design or operation of such treatment works, the Administrator, in issuing a permit under this section, shall not require pretreatment by a person introducing conventional pollutants identified pursuant to section 1314( a)( 4) of this title into such treatment works other than pretreatment required to assure compliance with pretreatment standards under subsection ( b)( 8) of this section and section 1317( b)( 1) of this title. Nothing in this subsection shall affect the Administrator's authority under sections 1317 and 1319 of this title, affect State and local authority under sections 1317( b)( 4) and 1370 of this title, relieve such treatment works of its obligations to meet requirements established under this chapter, or otherwise preclude such works from pursuing whatever feasible options are available to meet its responsibility to comply with its permit under this section.

( n) Partial permit program ( 1) State submission The Governor of a State may submit under subsection ( b) of this section a permit program for a portion of the discharges into the navigable waters in such State. ( 2) Minimum coverage A partial permit program under this subsection shall cover, at a minimum, administration of a major category of the discharges into the navigable waters of the State or a major component of the permit program required by subsection ( b) of this section. ( 3) Approval of major category partial permit programs The Administrator may approve a partial permit program covering administration of a major category of discharges under this subsection if  ( A) such program represents a complete permit program and covers all of the discharges under the jurisdiction of a department or agency of the State; and ( B) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection ( b) of this section. ( 4) Approval of major component partial permit programs The Administrator may approve under this subsection a partial and phased permit program covering administration of a major component ( including discharge categories) of a State permit program required by subsection ( b) of this section if  ( A) the Administrator determines that the partial program represents a significant and identifiable part of the State program required by subsection ( b) of this section; and ( B) the State submits, and the Administrator approves, a plan for the State to assume administration by phases of the remainder of the State program required by subsection ( b) of this section by a specified date not more than 5 years after submission of the partial program under this subsection and agrees to make all reasonable efforts to assume such administration by such date.

( o) Anti backsliding ( 1) General prohibition In the case of effluent limitations established on the basis of subsection ( a)( 1)( B) of this section, a permit may not be renewed, reissued, or modified on the basis of effluent guidelines promulgated under section 1314( b) of this title subsequent to the original issuance of such permit, to contain effluent limitations which are less stringent than the comparable effluent limitations in the previous permit. In the case of effluent limitations established on the basis of section 1311( b)( 1)( C) or section 1313( d) or ( e) of this title, a permit may not be renewed, reissued, or modified to contain effluent limitations which 72 are less stringent than the comparable effluent limitations in the previous permit except in compliance with section 1313( d)( 4) of this title. ( 2) Exceptions A permit with respect to which paragraph ( 1) applies may be renewed, reissued, or modified to contain a less stringent effluent limitation applicable to a pollutant if  ( A) material and substantial alterations or additions to the permitted facility occurred after permit issuance which justify the application of a less stringent effluent limitation; ( B)  ( i) information is available which was not available at the time of permit issuance ( other than revised regulations, guidance, or test methods) and which would have justified the application of a less stringent effluent limitation at the time of permit issuance; or  ( ii) the Administrator determines that technical mistakes or mistaken interpretations of law were made in issuing the permit under subsection ( a)( 1)( B) of this section; ( C) a less stringent effluent limitation is necessary because of events over which the permittee has no control and for which there is no reasonably available remedy; ( D) the permittee has received a permit modification under section 1311( c), 1311( g), 1311( h), 1311( i), 1311( k), 1311( n), or 1326( a) of this title; or ( E) the permittee has installed the treatment facilities required to meet the effluent limitations in the previous permit and has properly operated and maintained the facilities but has nevertheless been unable to achieve the previous effluent limitations, in which case the limitations in the reviewed, reissued, or modified permit may reflect the level of pollutant control actually achieved ( but shall not be less stringent than required by effluent guidelines in effect at the time of permit renewal, reissuance, or modification). Subparagraph ( B) shall not apply to any revised waste load allocations or any alternative grounds for translating water quality standards into effluent limitations, except where the cumulative effect of such revised allocations results in a decrease in the amount of pollutants discharged into the concerned waters, and such revised allocations are not the result of a discharger eliminating or substantially reducing its discharge of pollutants due to complying with the requirements of this chapter or for reasons otherwise unrelated to water quality. ( 3) Limitations In no event may a permit with respect to which paragraph ( 1) applies be renewed, reissued, or modified to contain an effluent limitation which is less stringent than required by effluent guidelines in effect at the time the permit is renewed, reissued, or modified. In no event may such a permit to discharge into waters be renewed, reissued, or modified to contain a less stringent effluent limitation if the implementation of such limitation would result in a violation of a water quality standard under section 1313 of this title applicable to such waters.

( p) Municipal and industrial stormwater discharges ( 1) General rule Prior to October 1, 1994, the Administrator or the State ( in the case of a permit program approved under this section) shall not require a permit under this section for discharges composed entirely of stormwater. ( 2) Exceptions Paragraph ( 1) shall not apply with respect to the following stormwater discharges: 73 ( A) A discharge with respect to which a permit has been issued under this section before February 4, 1987. ( B) A discharge associated with industrial activity. ( C) A discharge from a municipal separate storm sewer system serving a population of 250,000 or more. ( D) A discharge from a municipal separate storm sewer system serving a population of 100,000 or more but less than 250,000. ( E) A discharge for which the Administrator or the State, as the case may be, determines that the stormwater discharge contributes to a violation of a water quality standard or is a significant contributor of pollutants to waters of the United States. ( 3) Permit requirements ( A) Industrial discharges Permits for discharges associated with industrial activity shall meet all applicable provisions of this section and section 1311 of this title. ( B) Municipal discharge Permits for discharges from municipal storm sewers   ( i) may be issued on a system or jurisdiction wide basis;  ( ii) shall include a requirement to effectively prohibit non stormwater discharges into the storm sewers; and  ( iii) shall require controls to reduce the discharge of pollutants to the maximum extent practicable, including management practices, control techniques and system, design and engineering methods, and such other provisions as the Administrator or the State determines appropriate for the control of such pollutants. ( 4) Permit application requirements ( A) Industrial and large municipal discharges Not later than 2 years after February 4, 1987, the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraphs ( 2)( B) and ( 2)( C). Applications for permits for such discharges shall be filed no later than 3 years after February 4, 1987. Not later than 4 years after February 4, 1987, the Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit. ( B) Other municipal discharges Not later than 4 years after February 4, 1987, the Administrator shall establish regulations setting forth the permit application requirements for stormwater discharges described in paragraph ( 2)( D). Applications for permits for such discharges shall be filed no later than 5 years after February 4, 1987. Not later than 6 years after February 4, 1987, the Administrator or the State, as the case may be, shall issue or deny each such permit. Any such permit shall provide for compliance as expeditiously as practicable, but in no event later than 3 years after the date of issuance of such permit. ( 5) Studies The Administrator, in consultation with the States, shall conduct a study for the purposes of  ( A) identifying those stormwater discharges or classes of stormwater discharges for which permits are not required pursuant to paragraphs ( 1) and ( 2) of this subsection; 74 ( B) determining, to the maximum extent practicable, the nature and extent of pollutants in such discharges; and ( C) establishing procedures and methods to control stormwater discharges to the extent necessary to mitigate impacts on water quality. Not later than October 1, 1988, the Administrator shall submit to Congress a report on the results of the study described in subparagraphs ( A) and ( B). Not later than October 1, 1989, the Administrator shall submit to Congress a report on the results of the study described in subparagraph ( C). ( 6) Regulations Not later than October 1, 1993, the Administrator, in consultation with State and local officials, shall issue regulations ( based on the results of the studies conducted under paragraph ( 5)) which designate stormwater discharges, other than those discharges described in paragraph ( 2), to be regulated to protect water quality and shall establish a comprehensive program to regulate such designated sources. The program shall, at a minimum, ( A) establish priorities, ( B) establish requirements for State stormwater management programs, and ( C) establish expeditious deadlines. The program may include performance standards, guidelines, guidance, and management practices and treatment requirements, as appropriate. 75 United States Code Title 33 ( Navigation and Navigable Waters) Chapter 26 ( Water Pollution Prevention and Control) Subchapter V ( General Provisions)

Sec. 1362.  Definitions Except as otherwise specifically provided, when used in this chapter:

( 1) The term '' State water pollution control agency'' means the State agency designated by the Governor having responsibility for enforcing State laws relating to the abatement of pollution. ( 2) The term '' interstate agency'' means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution as determined and approved by the Administrator. ( 3) The term '' State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. ( 4) The term '' municipality'' means a city, town, borough, county, parish, district, association, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 1288 of this title. ( 5) The term '' person'' means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body. ( 6) The term '' pollutant'' means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. This term does not mean ( A) '' sewage from vessels or a discharge incidental to the normal operation of a vessel of the Armed Forces'' within the meaning of section 1322 of this title; or ( B) water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil or gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if such State determines that such injection or disposal will not result in the degradation of ground or surface water resources. ( 7) The term '' navigable waters'' means the waters of the United States, including the territorial seas. ( 8) The term '' territorial seas'' means the belt of the seas measured from the line of ordinary low water along that portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, and extending seaward a distance of three miles. ( 9) The term '' contiguous zone'' means the entire zone established or to be established by the United States under article 24 of the Convention of the Territorial Sea and the Contiguous Zone. 76 ( 10) The term '' ocean'' means any portion of the high seas beyond the contiguous zone. ( 11) The term '' effluent limitation'' means any restriction established by a State or the Administrator on quantities, rates, and concentrations of chemical, physical, biological, and other constituents which are discharged from point sources into navigable waters, the waters of the contiguous zone, or the ocean, including schedules of compliance. ( 12) The term '' discharge of a pollutant'' and the term '' discharge of pollutants'' each means ( A) any addition of any pollutant to navigable waters from any point source, ( B) any addition of any pollutant to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft. ( 13) The term '' toxic pollutant'' means those pollutants, or combinations of pollutants, including disease causing agents, which after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of information available to the Administrator, cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions ( including malfunctions in reproduction) or physical deformations, in such organisms or their offspring. ( 14) The term '' point source'' means any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include agricultural stormwater discharges and return flows from irrigated agriculture. ( 15) The term '' biological monitoring'' shall mean the determination of the effects on aquatic life, including accumulation of pollutants in tissue, in receiving waters due to the discharge of pollutants ( A) by techniques and procedures, including sampling of organisms representative of appropriate levels of the food chain appropriate to the volume and the physical, chemical, and biological characteristics of the effluent, and ( B) at appropriate frequencies and locations. ( 16) The term '' discharge'' when used without qualification includes a discharge of a pollutant, and a discharge of pollutants. ( 17) The term '' schedule of compliance'' means a schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with an effluent limitation, other limitation, prohibition, or standard. ( 18) The term '' industrial user'' means those industries identified in the Standard Industrial Classification Manual, Bureau of the Budget, 1967, as amended and supplemented, under the category of '' Division D  Manufacturing'' and such other classes of significant waste producers as, by regulation, the Administrator deems appropriate. ( 19) The term '' pollution'' means the man made or man induced alteration of the chemical, physical, biological, and radiological integrity of water. ( 20) The term '' medical waste'' means isolation wastes; infectious agents; human blood and blood products; pathological wastes; sharps; body parts; contaminated bedding; surgical wastes and potentially contaminated laboratory wastes; dialysis wastes; and such additional medical items as the Administrator shall prescribe by regulation. ( 21) Coastal recreation waters.  ( A) In general.  The term '' coastal recreation waters'' means   ( i) the Great Lakes; and 77  ( ii) marine coastal waters ( including coastal estuaries) that are designated under section 1313( c) of this title by a State for use for swimming, bathing, surfing, or similar water contact activities. ( B) Exclusions.  The term '' coastal recreation waters'' does not include   ( i) inland waters; or  ( ii) waters upstream of the mouth of a river or stream having an unimpaired natural connection with the open sea. ( 22) Floatable material.  ( A) In general.  The term '' floatable material'' means any foreign matter that may float or remain suspended in the water column. ( B) Inclusions.  The term '' floatable material'' includes   ( i) plastic;  ( ii) aluminum cans;  ( iii) wood products;  ( iv) bottles; and  ( v) paper products. ( 23) Pathogen indicator.  The term '' pathogen indicator'' means a substance that indicates the potential for human infectious disease. 78 Clean Water Act Section 308. Inspections, monitoring, and entry ( a) Whenever required to carry out the objective of this Act, including but not limited to ( 1) developing or assisting in the development of any effluent limitation, or other limitation, prohibition, or effluent standard, pretreatment standard, or standard of performance under this Act; ( 2) determining whether any person is in violation of any such effluent limitation, or other limitation, prohibition or effluent standard, pretreatment standard, or standard of performance; ( 3) any requirement established under this section; or ( 4) carrying out section 305, 311, 402, 404 ( relating to State permit programs), 405, and 504 of this Act  ( A) the Administrator shall require the owner or operator of any point source to ( i) establish and maintains such records, ( ii) make such reports, ( iii) install, use, and maintain such monitoring equipment or methods ( including where appropriate, biological monitoring methods), ( iv) sample such effluents ( in accordance with such methods, at such locations, at such intervals, and in such manner as the Administrator shall prescribe), and ( v) provide such other information as he may reasonably require; and ( B) the Administrator or his authorized representative ( including an authorized contractor acting as a representative of the Administrator), upon presentation of his credentials  ( i) shall have a right of entry to, upon, or through any premises in which an effluent source is located in or which any records required to be maintained under clause ( A) of this subsection are located, and ( ii) may at reasonable times have access to any copy any records, inspect any monitoring equipment or method required under clause ( A), and sample any effluents which the owner or operator of such sources is required to sample under such clause.

( b) Any records, reports, or information obtained under this section ( 1) shall, in the case of effluent dat, be related to any applicable effluent limitations, toxic pretreatment, or new source performance, standards, and ( 2) shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that records, reports, or information, or particular part thereof ( other than the effluent data), to which the Administrator has access under this section, if made public would divulge methods or processes entitled to protection as trade secrets of such person, the Administrator shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United States Code. Any authorized representative of the Administrator ( including an authorized contractor acting as a representative of the Administrator) who knowingly or willfully publishes, divulged, discloses, or makes known in any manner or to any extent not authorized by law any information which is required to be considered confidential under this subsection shall be fined not more than $ 1,000 or imprisoned not more than 1 year, or both. Nothing in this subsection shall prohibit the Administrator or an authorized representative of the Administrator ( including any authorized contractor acting as a representative of the Administrator) from disclosing records, reports, or information to other officers, employees, 79 or authorized representatives of the United States concerned with carrying out this Act or when relevant in any proceeding under this Act.

( c) Each State may develop and submit to the Administrator procedures under State law for inspection, monitoring, and entry with respect to point sources located in such State. If the Administrator finds that the procedures and the law of any State relating to inspection, monitoring, and entry are applicable to at least the same extent as those required by this section, such State is authorized to apply and enforce its procedures for inspection, monitoring, and entry with respect to point sources located in such State ( except with respect to point sources owned or operated by the United States).

( d) Access by Congress. Notwithstanding any limitation contained in this section or any other provision of law, all information reported to or otherwise obtained by Administrator ( or any representative of the Administrator) under this Act shall be made available, upon written request of any duly authorized committee of Congress, to such committee. 80 Appendix 2. Permit Application Form 2B 81 81 EPA I. D. NUMBER ( copy from Item 1 of Form 1) DRAFT 8/ 02 FORM 2B NPDES EPA U. S. ENVIRONMENTAL PROTECTION AGENCY APPLICATIONS FOR PERMIT TO DISCHARGE WASTEWATER CONCENTRATED ANIMAL FEEDING OPERATIONS AND AQUATIC ANIMAL PRODUCTION FACILITIES 1. GENERAL INFORMATION A. TYPE OF BUSINESS B. CONTACT INFORMATION C. FACILITY OPERATION STATUS G 1. Concentrated Animal Feeding Operation ( complete items B, C, D, and Section II)

G 2. Concentrated Aquatic Animal Production Facility ( complete items B, C, and section III) Owner/ or Operator Name:____________________________ Telephone: ( ) Address:__________________________________ Facsimile:( ) City:_____________ State:____ Zip Code:_______ G 1. Existing Facility G 2. Expanding Facility G 3. Proposed Facility D. FACILITY INFORMATION Name:____________________________________________________ Telephone: ( )______________________________ Address: __________________________________________________ Facsimile: ( ) ______________________________ City: _____________________________________ State: ____________________ Zip Code: ___________________________ County: __________________________ Latitude: ____________________ Longitude: _______________________

If contract operation: Name of Integrator : _________________________________________ Address of Integrator: ________________________________________

II. CONCENTRATED ANIMAL FEEDING OPERATION CHARACTERISTICS A. TYPE AND NUMBER OF ANIMALS B. Manure, Litter and/ or Wastewater Production and Use 2. ANIMALS NO. IN OPEN CONFINEMENT NO. HOUSED UNDER ROOF 1. TYPE 1. How much manure, litter and wastewater is generated annually by the facility?________ tons ________ gallons 2. If land applied how many acres of land under the control of the applicant are available for applying the CAFOs manure/ litter/ wastewater?_______________ acres 3. How many tons of manure or litter, or gallons of wastewater produced by the CAFO will be transferred to other persons?_____________ tons/ gallons ( circle one)

C. TOTAL NUMBER OF ANIMALS CONFINED AT THE FACILITY______________________________

D. A TOPOGRAPHIC MAP OF THE ENTIRE OPERATION 82 82 E. TYPE OF CONTAINMENT, STORAGE AND CAPACITY 1. Type of containment:________________________ Total capacity: ______________________________ gallons 2. Report the number of acres contributing drainage: _____________________ acres 3. Type of storage:___________________________ Total capacity: ______________________________ days F. NUTRIENT MANAGEMENT PLAN 1. Has a nutrient management plan been developed and is being implemented for the facility? G Yes G No 2. If no, when will the nutrient management plan be developed? Date: _____________

3. The date of the last review or revision of the nutrient management plan. Date: _______________

4. If not land applying, describe alternative use( s) of manure, litter and or wastewater:

G. CONSERVATION PRACTICES Please check any of the following conservation practices that are being implemented at the facility to control runoff and protect water quality:

G Buffers G Setbacks G Conservation tillage G Constructed wetlands G Infiltration field G Grass filter G Terrace III. CONCENTRATED AQUATIC ANIMAL PRODUCTION FACILITY CHARACTERISTICS A. For each outfall give the maximum daily flow, maximum 30 day flow, and the long term average flow. B. Indicate the total number of ponds, raceways, and similar structures in your facility.

2. Flow ( gallons per day) 1. Ponds 2. Raceways 3. Other a. Maximum. Daily b. Maximum 30 Day c. Long Term Average C. Provide the name of the receiving water and the source of water used by your facility.

1. Receiving Water 2. Water Source 1. Outfall No.

D. List the species of fish or aquatic animals held and fed at your facility. For each species, give the total weight produced by your facility per year in pounds of harvestable weight, and also give the maximum weight present at any one time.

1. Cold Water Species 2. Warm Water Species b. Harvestable Weight ( pounds) b. Harvestable Weight ( pounds) a. Species ( 1) Total Yearly ( 2) Maximum a. Species ( 1) Total Yearly ( 2) Maximum 83 83 E. Report the total pounds of food during the calendar month of maximum feeding. 1. Month 2. Pounds of Food IV. CERTIFICATION I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

A. Name and Official Title ( print or type) B. Phone No. ( )

C. Signature D. Date Signed 84 84 GENERAL This form must be completed by all applicants who check " yes" to Item IIB in Form 1. Not all animal feeding operations or fish farms are required to obtain NPDES permits. Exclusions are based on size. See the description of these statutory and regulatory exclusions in the General Instructions that accompany Form 1.

For aquatic animal production facilities, the size cutoffs are based on whether the species are warm water or cold water, on the production weight per year in harvestable pounds, and on the amount of feeding in pounds of food ( for cold water species). Also, facilities which discharge less than 30 days per year, or only during periods of excess runoff ( for warm water fish) are not required to have a permit.

Refer to the Form 1 instructions to determine where to file this form.

Item I A See the note above and the General Instructions which accompany Form 1 to be sure that your facility is a " concentrated animal feeding operation" ( CAFO).

Item I B Use this space to give owner/ operator contact information.

Item I C Check " proposed" if your facility is not now in operation or " expanding" if your facility does not currently meet the definition of a CAFO in accordance with the information found in the General Instructions that accompany Form 1.

Item I D Use this space to give a complete legal description of your facilities location including name, address, and latitude/ longitude. Also, the if a contract grower, the name and address of the integrator.

Item II Supply all information in item II if you checked ( 1) in item I A.

Item II A Give the maximum number of each type of animal in open confinement or housed under roof ( either partially or totally) which are held at your facility for a total of 45 days or more in any 12 month period.

Use the following categories for types of animal:

Mature Dairy Cattle; Veal; Cattle ( other than mature dairy or veal); Swine ( over 25 kilograms); Swine ( less than 25 kilogram); Horses; Sheep or Lambs; Turkeys; Chickens ( Laying hens/ Broilers); Ducks, etc.

Item II B Provide the total amount of manure, litter and wastewater generated annually by the facility. Identify if manure, litter and wastewater generated by the facility is to be land applied and the number of acres, under the control of the CAFO operator, suitable for land application. If the answer to question 3 is yes, provide the estimated annual quantity of manure, litter and wastewater that the applicant plans to transfer off site.

Item II C Provide the total number of animals confined at the facility.

Item II D Provide a topographic map of the of the entire operation including the production area and land under the operational control of the CAFO operator where manure, litter and/ or wastewater are applied. Item II E 1. Provide information on the type of containment ( e. g., lagoon, holding pond, evaporation pond, etc) and the capacity of the containment structure. 2. The number of acres that are drained and collected in the containment structure. 3. Identify the type of storage ( e. g., anaerobic lagoon, storage pond, evaporation pond, aboveground storage tanks, belowground storage tanks, roofed storage shed, concrete pad, impervious soil pad, etc.) for the manure, litter and/ or wastewater. Give the capacity of this storage in days.

Item II F Provide information concerning the status of the development and implementation of a nutrient management plan for the facility. In those cases where the nutrient management plan has not been completed, provide an estimated date of development and implementation. If not land applying describe the alternative uses of the manure, litter and wastewater ( e. g., composting, pelletizing, energy generation, etc.).

Item II G Check any of the identified conservation practices that are being implemented at the facility to control runoff and protect water quality.

Item III Supply all information in Item III if you checked ( 2) in Item I A.

Item III A Outfalls should be numbered to correspond with the map submitted in Item XI of Form 1. Values given for flow should be representative of your normal operation. The maximum daily flow is the maximum measured flow occurring over a calendar day. The maximum 30 day flow is the average of measured daily flow over the calendar month of highest flow. The long term average flow is the average of measure daily flows over a calendar year.

Item III B Give the total number of discrete ponds or raceways in your facility. Under " other," give a descriptive name of any structure which is not a pond or a raceway but which results in discharge to waters of the United States.

Item III C Use names for receiving water and source of water which correspond to the map submitted in Item XI of Form 1.

Item III D The names of fish species should be proper, common, or scientific names as given in special Publication No. 6 of the American Fisheries Society. " A List of Common and Scientific Names of Fishes from the United States and Canada." The values given for total weight produced by your facility per year and the maximum weight present at any one time should be representative of your normal operation.

Item III E The value given for maximum monthly pounds of food should be representative of your normal operation.

Item IV The Clean Water Act provides for severe penalties for submitting false information on this application form.

Section 309( C)( 2) of the Clean Water Act provides that " Any person who knowingly makes any false statement, representation, or certification in any application... shall upon conviction, be punished by a fine of no more than $ 10,000 or by imprisonment for not more than six months, or both." 85 85 Federal regulations require the certification to be signed as follows:

A. For corporation, by a principal executive officer of at least the level of vice president.

B. For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or C. For a municipality, State, Federal, or other public facility, by either a principal executive officer or ranking elected official.

Paper Reduction Act Notice The Public reporting burden for this collection of information estimated to average 4 hours per response. The estimate includes time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information to the chief, Information Policy Branch ( PM 223), U. S. Environmental Protection Agency, 1200 Pennsylvania Avenue, N. W., Washington, D. C. 20460, and the Office of Information and Regulatory Afairs, Office of Management and Budget, washington, D. C. 20503, marked Attention: Desk Officer for EPA.

**** DRAFT 8/ 02**** 86 Appendix 3. Burden and Cost Exhibits 87 87 Exhibit A. 1 Exhibit A. 1a Start up Activities Respondents Burden per Response Annual Burden Annual Labor Cost1 Activity B C C* wage Read and Understand Rule 14,696 one 1 time 2 2 $ 44 Determine Requirements and Plan 14,696 one 1 time 1 1 $ 22 Exhibit A. 1b NPDES Permit Application Activities Respondents Burden per Response Annual Burden Annual Labor Cost1 Activity B C C* wage Complete Notice of Intent for General Permit 2 10,287 every 5 years 9 9 $ 196 Complete Individual Permit Application 3 4,409 every 5 years 9 9 $ 196 Inspection 4 2,939 every 5 years 4 4 $ 87 Exhibit A. 1c Annual NPDES Permit Activities Respondents Burden per Response Annual Burden Annual Labor Cost1 Activity B C C* wage Prepare and Submit Annual Report 14,696 every 1 year 1 1 $ 22 Record Off site Transfers of Manure 2 9,935 every 1 year 14 14 $ 154 Exhibit A. 1d Nutrient Management Plan Respondents Burden per Response Annual Burden Annual Labor Cost1 Activity B C C* wage Develop Nutrient Management Plan Land Appl. 2 14,696 every 5 years 53 53 $ 1,908 Response Frequency Response Frequency A 2. EPA assumes that large CAFOs will have 169 transfers per year requiring 4 minutes of record kjeeping per transfer. EPA also assumes that no weight tickets or truck scales are needed for recording transfers. A 2. The burden estimate is a weighted average of the burden estimates derived by animal subcategory. See Exhibit A. 1h for detail. 1. Labor cost assumes a farm manager labor cost of $ 21.83 per hour.

A 1. Labor cost assumes an agronomist labor cost of $ 36.23 for the plan development. Response Frequency 2. EPA assumes that 70% of CAFOs will receive General Permits.

1. Labor cost assumes a farm manager labor cost of $ 21.83 per hour to prepare the annual report and a laborer cost of $ 11 per hour to keep off site transfer records. Facility Cost and Burden Estimates for NPDES Permit Application and BAT Activities 3. EPA assumes that 30% of CAFOs will receive Individual Permits. 4. EPA assumes that approximately 20% of CAFOs possessing Permits will require inspections annually. Response Frequency A 1. Labor cost assumes a farm manager labor cost of $ 21.83 per hour. 88 89 Exhibit A. 1 continued Exhibit A. 1e ELG Requirements Respondents Burden per Response Annual Burden Annual Labor Cost1 Activity B C C* wage Visual Inspections 2 14,696 every 1 year 13 13 $ 143 Test/ Calibrate Manure Application Equipment 3 10,983 every 1 year 4 4 $ 44 Collect and Send Manure Sample 4 14,696 every 1 year 2 2 $ 25 Collect and Send Soil Sample 5 10,983 every 3 years 9 9 $ 96 Record Keeping 6 14,696 every 1 year 80 80 $ 880 Exhibit A. 1f Capital Costs for Facilities Respondents Capital Cost Annual Cost1 Activity B C Purchase of a Soil Auger for Sampling 14,696 one time $ 27 $ 3.88 Cost for Production Area portion NMP 2 10,983 one time $ 1,050 $ 149.50 Purchase of a Manure Sampler 14,696 one time $ 33 $ 4.66 Installation of Depth Markers 3 11,434 one time $ 33 $ 4.66 Scales for Calibrating Manure Spreader 10,983 one time $ 546 $ 77.70 Response Frequency Response Frequency 1. EPA estimates the annual cost on Capital Expenditures, over 10 years, using a amortization rate of 7%. 2. EPA assumes that the owner will consult an engineer and document waste management practices for the production area portion of the NMP. 2. The visual inspection burden per response assumes that weekly inspections require 15 minutes ( i. e., 52* 0.25 hours = 13 hours).

4. The manure sample burden and cost is based on a weighted average of estimates for wet and dry storage facilities. See Exhibit A. 1i for details. 5. The soil sample burden is based on a weighted average of estimates derived by animal subcategory. See Exhibit A. 1j for details. 1. The labor cost for all activities assumes a farm laborer cost of $ 11 per hour. A A 6. This incorporates time for various record keeping activities required by the proposed rule, including keeping inspection and maintenance records, on site application, and maintaining the NMP on site for inspection. 3. The analysis assumes that 76% of all CAFOs land apply manure to some extent.

3. Only those facilities with liquid waste storage facilities will install depth markers. 90 Exhibit A. 1 continued Exhibit A. 1g O& M Costs for Facilities Respondents Cost per Response Annual Cost Activity B C Laboratory Analysis of Soil Sample 1 10,983 every 3 years $ 95 $ 95 Laboratory Analysis of Manure Sample 2 14,696 every 1 year $ 117 $ 117 Use of Tractor during Manure Calibration 3 10,983 every 1 year $ 65 $ 65 Other Direct Costs for Record Keeping 4 14,696 every 1 year $ 88 $ 88 Exhibit A. 1h Weighted Average NMP Development Burden and Cost Respondents Burden Per Response1 Annual Burden Cost per Response CAFO Category ( average acreage) B C D Beef ( 1045 acres) 1,639 every 5 years 157 157 $ 5,703 Dairy ( 126 acres) 2,527 every 5 years 19 19 $ 688 Heifers ( 138 acres) 449 every 5 years 21 21 $ 753 Veal ( 100 acres) 18 every 5 years 15 15 $ 546 Swine ( 373 acres) 4,126 every 5 years 56 56 $ 2,035 Horses ( 356 acres) 185 every 5 years 54 54 $ 1,943 Layers ( 96 acres) 551 every 5 years 14 14 $ 524 Broilers: 1428 facilities ( 64 acres) 1,428 every 5 years 10 10 $ 349 Turkeys ( 270 acres) 249 every 5 years 41 41 $ 1,473 Ducks ( 143 acres) 21 every 5 years 22 22 $ 780 Weighted Averages 11,194 53 53 Exhibit A. 1i Weighted Average Manure Sample Burden and Cost Respondents Burden Per Response1 Annual Burden Annual Cost Storage Category B C C* wage Wet Storage ( collect and send 2 samples per year) 11,341 every 1 year 2 2 $ 22 Dry Storage ( collect and send 6 samples per year) 3,355 every 1 year 3 3 $ 33 Weighted Averages ( 2.9 samples) 14,696 2.5 2.23 2.23 $ 25 Response Frequency 4. Annual record keeping ODC costs are assumed to be 10% of the labor costs for record keeping.

Response Frequency 1. There are two sampling events per year. The burden estimates per sample taken assume that sample collection from dry poultry to obtain and prepare a sample from the main manure storage area and an additional 0.25 hours to collect samples from each poultry house. Assuming that facilities have an average of two houses, the total burden per sampling event is 1.5 hours. Other facilities will only collect a sample from the manure storage area and, thus, incur a burden of one hour per event. A A A 1. The burden estimates were derived from the per facility plan development cost estimates by dividing cost by an agronimic labor cost of $ 36.23 per hour. The total costs were based on an average cost of $ 5.46 per acre and the average CAFO acreages shown. 1. The soil sample O& M cost is based on a weighted average of estimates derived by animal subcategory. See Exhibit A. 1k for details. 2. The laboratory analysis cost per sample is $ 40.31. The cost reported here is based on the weighted average number of samples ( 2.2) shown in Exhibit A. 1i.

3. EPA assumes that calibratio of spreading equipment will require two hours of tractor usage at $ 32.50 an hour.

Response Frequency 91 Exhibit A. 1 continued Exhibit A. 1j Weighted Average Soil Sample Burden and Cost Respondents Burden Per Facility1 Annual Burden Annual Cost CAFO Category ( average acreage) B C C* wage Beef ( 1045 acres) 1,639 every 3 years 26.1 26.1 $ 287 Dairy ( 126 acres) 2,527 every 3 years 3.2 3.2 $ 35 Heifers ( 138 acres) 449 every 3 years 3.5 3.5 $ 38 Veal ( 100 acres) 18 every 3 years 2.5 2.5 $ 28 Swine ( 373 acres) 4,126 every 3 years 9.3 9.3 $ 103 Horses ( 356 acres) 185 every 3 years 8.9 8.9 $ 98 Layers ( 96 acres) 551 every 3 years 2.4 2.4 $ 26 Broilers: 1428 facilities ( 64 acres) 1,428 every 3 years 1.6 1.6 $ 18 Turkeys ( 270 acres) 249 every 3 years 6.8 6.8 $ 74 Ducks ( 143 acres) 21 every 3 years 3.6 3.6 $ 39 Weighted Averages 11,194 8.7 $ 96 Exhibit A. 1k Weighted Average Soil Sample O& M Cost Respondents Cost per Response1 Annual Cost CAFO Category ( average acreage) B C Beef ( 1045 acres) 1,639 every 3 years $ 285 $ 285 Dairy ( 126 acres) 2,527 every 3 years $ 34 $ 34 Heifers ( 138 acres) 449 every 3 years $ 38 $ 38 Veal ( 100 acres) 18 every 3 years $ 27 $ 27 Swine ( 373 acres) 4,126 every 3 years $ 102 $ 102 Horses ( 356 acres) 185 every 3 years $ 97 $ 97 Layers ( 96 acres) 551 every 3 years $ 26 $ 26 Broilers: 1428 facilities ( 64 acres) 1,428 every 3 years $ 17 $ 17 Turkeys ( 270 acres) 249 every 3 years $ 74 $ 74 Ducks ( 143 acres) 21 every 3 years $ 39 $ 39 Weighted Averages 11,194 $ 95 $ 95 1. The burden estimates were derived by dividing the average farm size by the laborer burden of 40 acres per hour.

1. The soil sample O& M costs assume an average cost to analyze samples of $ 1.09 per 4 acres. Response Frequency Response Frequency A A 92 Exhibit A. 2 State Burden and Cost Estimates for Activities Exhibit A. 2a Program Modification Request Burden per Response Annual Labor Cost1 Activity2 B Gather and Analyze Data one time 0.0 $ 0 Plan Activities one time 0.0 $ 0 Prepare MOA one time 0.0 $ 0 Prepare & Submit Application for Program one time 0.0 $ 0 Develop non NPDES Rules ( As Needed) one time 0.0 $ 0 one time 250 $ 7,445 Exhibit A. 2b Initial State General NPDES Permit Application Activities Burden per Response Annual Labor Cost1 Activity B Permit Development one time 300 $ 8,934 Public Notice/ response to comments one time 570 $ 16,975 Public Hearings one time 420 $ 12,508 Review and Approve NOIs/ Record Keeping 10,026 OsCAFOs 4 $ 119 Exhibit A. 2c State Individual Permit Application Activities Burden per Response Annual Labor Cost1 Activity B Review Form 1 & 2B, Notify Public, Respond to Comments 4,297 100 $ 2,978 Public Hearing 2 516 200 $ 5,956 A Response Frequency 1. Labor cost assumes a state inspector labor cost of $ 29.78 per hour.

1. Labor cost assumes a state inspector labor cost of $ 29.78 per hour. 2. EPA assumed that 12% of individual permits would require a public hearing. CAFOs 1. Labor cost assumes a state inspector labor cost of $ 29.78 per hour. Response Frequency A Response Frequency A CAFOs 2. EPA's labor hour estimate is based on program modification and approval burdens in an active ICR (" NPDES and Sewage Sludge Management State Program Requirements," OMB NO. 2040 0057, EPA ICR 0168.07), which estimates 250 hours per State to prepare and submit a r NPDES Program Modification request. 93 Exhibit A. 2 Continued Exhibit A. 2d State Annual Permit Reporting Activities Burden per Response Annual Labor Cost1 Activity B Facility Inspection 2 5,986 16 $ 476 Annual Report Review 14,323 4 $ 119 Exhibit A. 2e State O& M Costs Burden per Response Annual Cost1 Activity B Public Notice for General Permit one time  $ 1,060 Public Notice for Individual Permit 4,297 CAFOs $ 1,060 Public Hearing Notice 516 CAFOs $ 1,060 2. EPA assumed that 20% of CAFOs were inspected at an average burden per inspection of 16 hrs.

Response Frequency A Response Frequency A CAFOs CAFOs 1. Labor cost assumes a state inspector labor cost of $ 29.78 per hour. 94 Exhibit A. 3 Federal Burden and Cost Estimates for Activities Exhibit A. 3a Review of State Modification Request Burden per State Labor Cost per State Activity A B Review of State Modification Request 43 1 States 50 $ 1,997 Exhibit A. 3b Initial Federal General NPDES Permit Application Activities Burden per Response Annual Labor Cost1 Activity B Review and approve NOIs / Record Keeping 261 CAFOs 4 $ 160 Exhibit A. 3c Federal Individual Permit Application Activities Burden per Response Annual Labor Cost1 Activity B Review Form 1 & 2B, Notify Public, Respond to Comments 112 100 $ 3,994 Public Hearing 2 13 200 $ 7,988 Exhibit A. 3d Federal Annual Permit Activities Burden per Response Annual Labor Cost1 Activity B Facility Inspections 2 205 16 $ 639 Review Annual Reports 373 4 $ 160 2. EPA assumed 20% of facilities were inspected annually an average burden per inspection of 16 hrs.

Exhibit A. 3e Federal O& M Costs Burden per Response Annual Cost1 Activity B Public Notice for Individual Permit 112 1 CAFOs $ 1,060 Public Hearing Notice 13 1 CAFOs $ 1,060 1. The cost estimate assumes that each quarterly publication will cost $ 1060. Frequency of Response1 1. Labor cost assumes a cost of $ 39.94 per hour for a GS 12 Step 1 federal employee.

CAFOs Response Frequency A CAFOs 1. Labor cost assumes a cost of $ 39.94 per hour for a GS 12 Step 1 federal employee. Response Frequency A CAFOs CAFOs 1. This is a one time burden that EPA assumes it will incur for each NPDES authorized State.

A 1. Labor cost assumes a cost of $ 39.94 per hour for a GS 12 Step 1 federal employee.

Response Frequency 2. EPA assumed that 12% of individual permits would require a public hearing.

Response Frequency A 95 Exhibit A. 4 Respondents for the ICR Approval Period Year by Year by Activity Facilities 1 Year 1 Year 2 Year 3 Activities Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Start up Activities 9,874 1,294 3,527 14,695 4,898 Permit Application Activities General Permit Application Requirements 6,912 906 2,469 10,287 3,429 Individual Permit Application Requirements 2,962 388 1,058 4,409 1,470 Annual Report 9,874 11,168 14,695 35,737 11,912 Nutrient Management Plan Plan Development 9,874 1,294 3,527 14,695 4,898 NPDES Record Keeping Record Keeping of Off site Manure Transfers 5,419 6,679 9,935 22,032 7,344 Best Available Technology Requirements Visual Inspections 9,874 11,168 14,695 35,737 11,912 Manure Application Equipment Calibration 6,162 7,456 10,983 24,602 8,201 Manure Sampling 9,874 11,168 14,695 35,737 11,912 Soil Sampling 6,162 1,294 3,527 10,983 3,661 ELG Record Keeping 9,874 11,168 14,695 35,737 11,912 On Site Inspections Compliance Inspection 1,975 2,234 2,939 7,147 2,382 Total Respondents 9,874 11,168 14,695 35,737 11,912 States1 Year 1 Year 2 Year 3 Activities Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Program Modification Request 21 22 0 43 43 Review Annual Reports 4,784 10,822 14,323 29,929 9,976 General Permit Activities General Permit Development/ Public notice/ Response to comments/ Public Hearings 21 22 0 43 43 Review and Approve NOIs 3,349 4,227 2,451 10,027 3,342 Facility Inspections ( General Permit) 670 1,515 2,005 4,190 1,397 Individual Permit Activities Review Permit Applications/ Public Notification/ Response to Comments/ Issue Permit and Recordkeeping 1,435 1,811 1,050 4,296 1,432 Public Hearing 172 217 126 516 172 Facility Inspections ( Individual Permit) 287 649 859 1,795 598 Respondents 21 22 43 86 29 Total for Facilities and States Year 1 Year 2 Year 3 Respondent Sep. 2001 Aug. 2002 Sep. 2002 Aug. 2003 Sep. 2003 Aug. 2004 3 Year Total Annual Average Facilities 9,874 11,168 14,695 35,737 11,912 States and Territories 21 22 43 86 43 Yearly Total 9,895 11,190 14,738 35,823 11,955 1. It is assumed that facilities will begin annual activities in the same year that they recieve their permit. Thus, facilities applying for permits in 2003 will perform annual activities three times during the period and will be counted as three respondents.

1. To calculate the total respondents over three years, States are counted for each year they perform any type of response. Thus, the threeyear total estimate includes States counted more than once. 96 97 Exhibit A. 5 Responses for the ICR Approval Period Year by Year by Activity Facilities1 Year 1 Year 2 Year 3 Activities Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Start up Activities 9,874 1,294 3,527 14,695 4,898 Permit Application Activities General Permit Application Requirements 6,912 906 2,469 10,287 3,429 Individual Permit Application Requirements 2,962 388 1,058 4,409 1,470 Annual Report 9,874 11,168 14,695 35,737 11,912 Nutrient Management Plan Plan Development 9,874 1,294 3,527 14,695 4,898 NPDES Record Keeping Record Keeping of Off site Manure Transfers 5,419 6,679 9,935 22,032 7,344 Best Available Technology Requirements Visual Inspections 9,874 11,168 14,695 35,737 11,912 Manure Application Equipment Calibration 6,162 7,456 10,983 24,602 8,201 Manure Sampling 9,874 11,168 14,695 35,737 11,912 Soil Sampling 6,162 1,294 3,527 10,983 3,661 ELG Record Keeping 9,874 11,168 14,695 35,737 11,912 On Site Inspections Compliance Inspection 1,975 2,234 2,939 7,147 2,382 Total Responses 88,833 66,219 96,745 251,797 83,932 States Year 1 Year 2 Year 3 Activities Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Program Modification Request 21 22 0 43 14 Review Annual Reports 4784 10822 14323 29,929 9,976 General Permit Activities General Permit Development/ Public notice/ Response to comments/ Public Hearings 21 22 0 43 14 Review and Approve NOIs 3349 4227 2451 10,027 3,342 Facility Inspections ( General Permit) 0 0 0 0 0 Individual Permit Activities Review Permit Applications/ Public Notification/ Response to Comments/ Issue Permit and Recordkeeping 1435 1811 1050 4,296 1,432 Public Hearing 172 217 126 516 172 Facility Inspections 957 2164 2865 5,986 1,995 Total Responses 10,739 19,286 20,815 50,839 16,946 Total for Responses ( Facilities and States) Year 1 Year 2 Year 3 Sep. 2001 Aug. 2002 Sep. 2002 Aug. 2003 Sep. 2003 Aug. 2004 3 Year Total Annual Average Facilities 88,833 66,219 96,745 251,797 83,932 States and Territories 10,739 19,286 20,815 50,839 16,946 Yearly Total 99,572 85,504 117,560 302,637 100,879 1. It is assumed that facilities will begin annual activities in the same year that they receive their permit. 98 99 Exhibit A. 5 ( continued)

Federal Government Year 1 Year 2 Year 3 Activities Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Review of State Modification Request 21 22 0 43 14 Review Annual Reports 306 346 372 1,024 341 General Permit Activities Review and approve NOIs 214 28 18 260 87 Individual Permit Activities Review Permit Applications/ Public Notification/ Response to Comments/ Issue Permit and Recordkeeping 92 12 8 112 37 Public Hearing 11 1 1 13 4 Facility Inspections 61 69 74 205 68 Total Responses 705 479 473 1,657 552 100 Exhibit A. 6 Hourly Burden for the ICR Approval Period Year by Year for Respondents Facilities1 Year 1 Year 2 Year 3 Activities Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Start up Activities 29,621 3,883 10,581 44,085 14,695 Permit Application Activities General Permit Application Requirements 62,204 8,155 22,220 92,579 30,860 Individual Permit Application Requirements 26,659 3,495 9,523 39,677 13,226 Annual Report 9,874 11,168 14,695 35,737 11,912 Nutrient Management Plan Plan Development 520,106 68,184 185,788 774,077 258,026 NPDES Record Keeping Record Keeping of Off site Manure Transfers 75,861 93,501 139,085 308,448 102,816 Best Available Technology Requirements Visual Inspections 128,358 145,185 191,036 464,579 154,860 Manure Application Equipment Calibration 24,648 29,826 43,934 98,408 32,803 Manure Sampling 22,001 24,885 32,745 79,631 26,544 Soil Sampling 53,875 11,317 30,837 96,029 32,010 ELG Record Keeping 789,894 893,446 1,175,606 2,858,947 952,982 On Site Inspections Compliance Inspection 7,899 8,934 11,756 28,589 9,530 Total Burden 1,751,001 1,301,980 1,867,806 4,920,787 1,640,262 States Year 1 Year 2 Year 3 Activities Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Program Modification Request 5,250 5,500 0 10,750 3,583 Review Annual Reports 19,136 43,288 57,292 119,716 39,905 General Permit Activities General Permit Development/ Public notice/ Response to comments/ Public Hearings 27,090 28,380 0 55,470 18,490 Review and Approve NOIs 13,396 16,908 9,804 40,108 13,369 Individual Permit Activities Review Permit Applications/ Public Notification/ Response to Comments/ Issue Permit and Recordkeeping 143,500 181,100 105,000 429,600 143,200 Public Hearing 34,440 43,464 25,200 103,104 34,368 Facility Inspections 15,309 34,630 45,834 95,773 31,924 Total Burden 258,121 353,270 243,130 854,521 252,916 Total for Responses ( Facilities and States) Year 1 Year 2 Year 3 Sep. 2001 Aug. 2002 Sep. 2002 Aug. 2003 Sep. 2003 Aug. 2004 3 Year Total Annual Average Facilities 1,751,001 1,301,980 1,867,806 4,920,787 1,640,262 States and Territories 258,121 353,270 243,130 854,521 284,840 Yearly Total 2,009,121 1,655,251 2,110,936 5,775,308 1,925,103 1. It is assumed that facilities will begin annual activities in the same year that they receive their permit. 101 102 Exhibit A. 6 ( continued) Federal Government Year 1 Year 2 Year 3 Activities Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Review of State Modification Request 1,050 1,100 0 2,150 717 Review Annual Reports 1,224 1,384 1,488 4,096 1,365 General Permit Activities Review and approve NOIs 856 112 72 1,040 347 Individual Permit Activities Review Permit Applications/ Public Notification/ Response to Comments/ Issue Permit and Recordkeeping 9,200 1,200 800 11,200 3,733 Public Hearing 2,208 288 192 2,688 896 Facility Inspections 979 1,107 1,190 3,277 1,092 Total Burden 15,517 5,191 3,742 24,451 8,150 103 Exhibit A. 7 Costs for the ICR Approval Period Year by Year for Respondents Labor Costs for Facilities 1 Year 1 Year 2 Year 3 Activities Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Start up Activities $ 646,627 $ 84,770 $ 230,983 $ 962,381 $ 320,794 Permit Application Activities General Permit Application Requirements $ 1,357,917 $ 178,018 $ 485,065 $ 2,020,999 $ 673,666 Individual Permit Application Requirements $ 581,964 $ 76,293 $ 207,885 $ 866,143 $ 288,714 Annual Report $ 215,542 $ 243,799 $ 320,794 $ 780,135 $ 260,045 Nutrient Management Plan Plan Development $ 18,843,422 $ 2,470,298 $ 6,731,104 $ 28,044,824 $ 9,348,275 NPDES Record Keeping Record Keeping of Off site Manure Transfers $ 834,476 $ 1,028,516 $ 1,529,940 $ 3,392,933 $ 1,130,978 Best Available Technology Requirements Visual Inspections $ 1,411,936 $ 1,597,035 $ 2,101,396 $ 5,110,367 $ 1,703,456 Manure Application Equipment Calibration $ 271,132 $ 328,085 $ 483,273 $ 1,082,490 $ 360,830 Manure Sampling $ 242,013 $ 273,740 $ 360,190 $ 875,943 $ 291,981 Soil Sampling $ 592,628 $ 124,487 $ 339,203 $ 1,056,318 $ 352,106 ELG Record Keeping $ 8,688,836 $ 9,827,908 $ 12,931,668 $ 31,448,413 $ 10,482,804 On Site Inspections Compliance Inspection $ 172,434 $ 195,039 $ 256,635 $ 624,108 $ 208,036 Total Labor Cost $ 33,858,928 $ 16,427,989 $ 25,978,136 $ 76,265,054 $ 25,421,685 1. It is assumed that facilities will begin annual activities in the same year that they receive their permit.

Capital and O& M Costs For Facilities Year 1 Year 2 Year 3 Item Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Capital Costs Purchase of the Soil Auger $ 38,357 $ 43,386 $ 57,088 $ 138,831 $ 46,277 Engineering Cost for NMP $ 1,476,079 $ 1,669,587 $ 2,196,861 $ 5,342,527 $ 1,780,842 Purchase of a Manure Sampler $ 46,029 $ 52,063 $ 68,505 $ 166,597 $ 55,532 Installation of Depth Markers $ 35,813 $ 40,508 $ 53,301 $ 129,622 $ 43,207 Scale for Calibrating Manure Spreader $ 767,148 $ 867,718 $ 1,141,753 $ 2,776,620 $ 925,540 O& M Costs Laboratory Analysis of Soil Sample $ 585,398 $ 122,968 $ 335,065 $ 1,043,431 $ 347,810 Laboratory Analysis of Manure Sample $ 1,154,134 $ 1,305,437 $ 1,717,708 $ 4,177,279 $ 1,392,426 Use of Tractor during Manure Calibration $ 403,522 $ 488,286 $ 719,251 $ 1,611,059 $ 537,020 Other Direct Costs for Record Keeping $ 868,884 $ 982,791 $ 1,293,167 $ 3,144,841 $ 1,048,280 Subtotal Capital Costs $ 2,363,427 $ 2,673,263 $ 3,517,508 $ 8,554,197 $ 2,851,399 Subtotal O& M Costs $ 3,011,938 $ 2,899,482 $ 4,065,191 $ 9,976,610 $ 3,325,537 Total Capital and O& M Costs $ 5,375,365 $ 5,572,744 $ 7,582,699 $ 18,530,808 $ 6,176,936 104 Exhibit A. 7 ( continued)

States Year 1 Year 2 Year 3 Activities Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Program Modification Request $ 156,345 $ 163,790 $ 0 $ 320,135 $ 106,712 Review Annual Reports $ 569,296 $ 1,287,818 $ 1,704,437 $ 3,561,551 $ 1,187,184 General Permit Activities General Permit Development/ Public notice/ Response to comments/ Public Hearings $ 806,740 $ 845,156 $ 0 $ 1,651,897 $ 550,632 Review and Approve NOIs $ 398,933 $ 503,520 $ 291,963 $ 1,194,416 $ 398,139 Individual Permit Activities Review Permit Applications/ Public Notification/ Response to Comments/ Issue Permit and Recordkeeping $ 4,273,430 $ 5,393,158 $ 3,126,900 $ 12,793,488 $ 4,264,496 Public Hearing $ 1,025,623 $ 1,294,358 $ 750,456 $ 3,070,437 $ 1,023,479 Facility Inspections $ 455,896 $ 1,031,293 $ 1,364,925 $ 2,852,114 $ 950,705 Total Labor Costs $ 7,686,263 $ 10,519,094 $ 7,238,681 $ 25,444,038 $ 7,530,641 O& M Costs Public notice for general permit $ 22,260 $ 23,320 $ 0 $ 45,580 $ 15,193 Public notice for individual permit $ 1,521,100 $ 1,919,660 $ 1,113,000 $ 4,553,760 $ 1,517,920 Public notice for public hearing $ 182,532 $ 230,359 $ 133,560 $ 546,451 $ 182,150 Total O& M Costs $ 1,725,892 $ 2,173,339 $ 1,246,560 $ 5,145,791 $ 1,715,264 Total for Responses ( Facilities and States) Year 1 Year 2 Year 3 Item Sep. 2001 Aug. 2002 Sep. 2002 Aug. 2003 Sep. 2003 Aug. 2004 3 Year Total Annual Average Facilities Labor Costs $ 33,858,928 $ 16,427,989 $ 25,978,136 $ 76,265,054 $ 25,421,685 States and Territories Labor Costs $ 7,686,263 $ 10,519,094 $ 7,238,681 $ 25,444,038 $ 8,481,346 Subtotal Respondent Labor Costs $ 41,545,191 $ 26,947,083 $ 33,216,817 $ 101,709,092 $ 33,903,031 Respondent Capital and O& M Costs $ 7,101,257 $ 7,746,083 $ 8,829,259 $ 23,676,599 $ 7,892,200 Yearly Total $ 48,646,448 $ 34,693,166 $ 42,046,076 $ 125,385,691 $ 41,795,231 Federal Government Year 1 Year 2 Year 3 Activities Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 3 Year Total Annual Average Review of State Modification Request $ 41,937 $ 43,934 $ 0 $ 85,871 $ 28,624 Review Annual Reports $ 48,887 $ 55,277 $ 59,431 $ 163,594 $ 54,531 General Permit Activities Review and approve NOIs $ 34,189 $ 4,473 $ 2,876 $ 41,538 $ 13,846 Individual Permit Activities Review Permit Applications/ Public Notification/ Response to Comments/ Issue Permit and Recordkeeping $ 367,448 $ 47,928 $ 31,952 $ 447,328 $ 149,109 Public Hearing $ 88,188 $ 11,503 $ 7,668 $ 107,359 $ 35,786 Facility Inspections $ 39,109 $ 44,222 $ 47,545 $ 130,875 $ 43,625 Total Cost $ 619,757 $ 207,337 $ 149,471 $ 976,565 $ 325,522 105 Exhibit A. 8 Summary of the Burden, Respondents, Responses, and Costs for the ICR Approval Period by Year and Annual Averages Facilities Year 1 Year 2 Year 3 Item Source ( Exhibit)* Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 Net Burden ( hours) 1 A6 1,750,596 1,301,980 1,867,806 4,920,382 1,640,127 Respondents ( number) A4 9,874 11,168 14,695 35,737 11,912 Responses ( number) A5 88,833 66,219 96,745 251,797 83,932 Net Costs ( labor) 1 A7 $ 33,850,087 $ 16,427,989 $ 25,978,136 76,256,212 25,418,737 Costs ( Capital) A7 $ 2,363,427 $ 2,673,263 $ 3,517,508 $ 8,554,197 $ 2,851,399 Costs ( O& M) A7 $ 3,011,938 $ 2,899,482 $ 4,065,191 $ 9,976,610 $ 3,325,537 Total Costs $ 39,225,452 $ 22,000,733 $ 33,560,835 $ 94,787,020 $ 31,595,673 States Year 1 Year 2 Year 3 Item Source ( Exhibit)* Jan. 2003 Dec. 2003 Jan. 2004 Dec. 2004 Jan. 2005 Dec. 2005 Net Burden ( hours) 1 A6 258,076 353,270 243,130 854,521 252,916 Respondents ( number) A4 21 22 43 86 29 Responses ( number) A5 10,739 19,286 20,815 50,839 16,946 Net Costs ( Labor) 1 A7 $ 7,684,923 $ 10,519,094 $ 7,238,681 $ 25,444,038 $ 7,530,641 Costs ( O& M) A7 $ 1,725,892 $ 2,173,339 $ 1,246,560 $ 5,145,791 $ 1,715,264 Total Costs $ 9,410,815 $ 12,692,433 $ 8,485,241 $ 30,589,829 $ 9,245,905 Totals for Respondents ( Facilities and States) Three Year Total Annual Average Total Respondent Burden ( hours) 5,774,903 1,893,043 Total Respondents ( number) 35,823 11,941 Total Responses ( number) 302,637 100,879 Total Respondent Labor Costs $ 101,700,250 $ 32,949,379 Total Respondent Capital and O& M Costs $ 23,676,599 $ 7,892,200 Total Respondent Cost for All Activities $ 125,376,849 $ 40,841,579 1. The application burden for 45 individual permits has been included in the earlier Applications ICR, which expires after April 30, 2003. The amount of overlap has been removed from these burden estimates ( 9 hours per application for CAFOs and 1 hour per application for States). Annual Average Three Year Total Three Year Total Annual Average