Stormwater  Construction NOI ICR June 2006 INFORMATION COLLECTION REQUEST: NOTICE OF INTENT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY UNDER A NPDES GENERAL PERMIT June 2006 Prepared for U. S. Environmental Protection Agency Office of Wastewater Management 1200 Pennsylvania Avenue, NW Washington, DC 20460 EPA Contract Number EP C 05 046 EPA Work Assignment Number 0 24 Stormwater  Construction NOI ICR June 2006 This page intentionally left blank Stormwater  Construction NOI ICR June 2006 TABLE OF CONTENTS 1. IDENTIFICATION OF THE INFORMATION COLLECTION ..................................................... 1 1( a). TITLE OF THE INFORMATION COLLECTION.................................................................. 1 1( b). SHORT CHARACTERIZATION/ ABSTRACT................................................................... 1 2. NEED FOR AND USE OF THE COLLECTION............................................................................ 2 2( a). NEED/ AUTHORITY OF THE COLLECTION ...................................................................... 2 2( b). PRACTICAL UTILITY/ USERS OF THE DATA................................................................... 3 3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA................ 4 3( a). NONDUPLICATION.............................................................................................................. 4 3( b). PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB ............................ 4 3( c). CONSULTATIONS................................................................................................................ 4 3( d). EFFECTS OF LESS FREQUENT COLLECTION.................................................................. 5 3( e). GENERAL GUIDELINES...................................................................................................... 5 3( f). CONFIDENTIALITY............................................................................................................. 5 3( g). SENSITIVE QUESTIONS...................................................................................................... 5 4. THE RESPONDENTS AND THE INFORMATION REQUESTED .............................................. 5 4( a). RESPONDENTS/ SIC CODES................................................................................................ 5 4( b). INFORMATION REQUESTED ............................................................................................. 6 5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT...................................................... 8 5( a). AGENCY ACTIVITIES ......................................................................................................... 8 5( b). COLLECTION METHODOLOGY AND MANAGEMENT................................................... 9 5( c). SMALL ENTITY FLEXIBILITY ........................................................................................... 9 5( d). COLLECTION SCHEDULE ................................................................................................ 10 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION......................................... 10 6( a) ESTIMATING RESPONDENT BURDEN........................................................................... 10 6( b). ESTIMATING RESPONDENT COST ................................................................................. 13 6( c). ESTIMATING AGENCY BURDEN AND COST ................................................................ 15 6( d). ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS.. 16 6( e). BOTTOM LINE BURDEN HOURS AND COST TABLES ................................................. 19 6( f). REASONS FOR CHANGE IN BURDEN AND COST......................................................... 20 6( g). BURDEN STATEMENT...................................................................................................... 20 ATTACHMENTS ATTACHMENT A. Summary of Response to National Association of Homebuilders ( NAHB) Comments on Draft ICR ATTACHMENT B. Calculation of National Estimate of Construction NOIs ( 2004) Stormwater  Construction NOI ICR June 2006 LIST OF TABLES Table 1. Burden on Each Respondent ................................................................................................ 12 Table 2. Burden on NPDES authorized States................................................................................... 12 Table 3. Costs to Each Respondent ................................................................................................... 14 Table 4. Costs to NPDES Authorized States..................................................................................... 15 Table 5. Agency Costs ...................................................................................................................... 15 Table 6. Relative Number of Respondents ......................................................................................... 16 Table 7. Total Respondent Burden and Cost Estimates...................................................................... 17 Table 8. Total NPDES Authorized State Burden and Costs............................................................... 18 Table 9. Annual Respondent Burden and Cost Summary ................................................................... 19 Table 10. Total Agency Burden and Costs........................................................................................... 19 Table 11. Change in Annual Burden .................................................................................................... 20 Table 12. Burden Statement ................................................................................................................ 21 Stormwater  Construction NOI ICR June 2006 Page 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a). TITLE OF THE INFORMATION COLLECTION Title: Notice of Intent for Stormwater Discharges Associated with Construction Activity Under a NPDES General Permit EPA ICR No: 1842.05 OMB Control No: 2040 0188 1( b). SHORT CHARACTERIZATION/ ABSTRACT This Information Collection Request ( ICR) renews OMB Number 2040 0188 ( Notice of Intent for Stormwater Discharges Associated with Construction Activity).

EPA's National Pollutant Discharge Elimination System ( NPDES) Permitting Program, as authorized by the Clean Water Act ( CWA), establishes regulations for the discharge of pollutants or combinations of pollutants to waters of the United States, including discharges of stormwater. Phase I of the stormwater program, promulgated on November 16, 1990 ( 55 FR 47990), applied to eleven categories of stormwater discharges associated with industrial activity ( including construction activities disturbing five acres or more) and to discharges from large and medium municipal separate storm sewer systems. Phase II of the regulatory development effort, promulgated on December 8, 1999 ( 64 FR 68722), regulates stormwater discharges from small municipal separate storm sewer systems and construction sites with activities disturbing one to five acres of land. Together, Phase I and Phase II of the NPDES Stormwater Program now regulate all construction activities of one acre or more. However, this ICR only covers the burden on construction sites of five or more acres, as small construction activities are addressed in the Stormwater Phase II ICR ( OMB Control Number 2040 0211, EPA ICR No. 1820.03).

The primary permitting mechanism for construction site operators is the Construction General Permit ( CGP), issued by EPA or a state authorized to administer the NPDES Program. To obtain coverage under the CGP, a construction site operator must submit a Notice of Intent ( NOI) to the permitting authority. Upon submission of a complete NOI, operators meeting the CGP eligibility requirements are authorized to discharge at some pre determined point in time ( e. g., 7 days after submission of a complete NOI).

One of the main components of the CGP is the requirement for permittees to develop a Stormwater Pollution Prevention Plan ( SWPPP). The SWPPP serves as the primary condition of the permit of which facilities must comply. Although the SWPPP is not typically submitted to the permitting authority, burden and costs associated with its preparation is included in this ICR because it must be prepared at the time of permit application ( i. e., when the NOI is submitted). The permitting authority is not required to review and approve these plans; rather, these are to be implemented by the permitted facility, and generally must be available for review as requested.

The information collection and reporting activities covered in this ICR include only those activities related to completing and submitting an NOI form, developing a SWPPP, and conducting routine biweekly inspections. Other activities, such as monitoring or submission of a Notice of Termination ( NOT) upon the cessation of the stormwater discharge associated with construction activity, are addressed in Stormwater  Construction NOI ICR June 2006 Page 2 other NPDES ICRs ( i. e., monitoring burden is addressed in the " DMR ICR" ( OMB Control No. 2040 0004) and NOT burden is addressed in the " NPDES Applications ICR" ( OMB Control No. 2040 0086).

It is expected that respondents will submit information in hard copy or electronic form. The information will be entered into a database and any original document filed. The information is submitted by the respondents directly to each NPDES authorized state or Territory, or to EPA in areas where EPA is the NPDES permitting authority. In 2003 EPA launched an electronic, completely paperless, online permit application system ( eNOI) to be used in areas where EPA is the NPDES permitting authority. In 2005 approximately 70% of applications from these areas were filed electronically. Several authorized states have also developed and are implementing similar electronic systems while many other states are in various stages of planning and development of these electronic systems. EPA estimates a similar burden for operators to prepare, submit, and retain this information. The benefit, however, is that operators are able to obtain authorization to discharge much more quickly using the electronic system for three primary reasons: ( 1) an electronic submission arrives at EPA instantaneously unlike paper forms that must come through the mail system; ( 2) handwritten forms submitted on paper are often difficult to read; and ( 3) the electronic system incorporates certain data check functions that prevent operators from submitting incomplete forms or certain incorrect information.

The calculations performed for this ICR cover the burden and costs for the Agency ( EPA), NPDESauthorized states, and operators of construction sites of five acres or more. This ICR estimates a burden of 8,098,958 hours annually for 157,500 respondents, excluding state respondents. Burden for the state respondents is 148,680 hours annually. Agency burden is 17,780 hours.

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

EPA and NPDES permitting authorities issue permits to discharge stormwater from construction sites under the NPDES stormwater program and need the information collection in order to:

  Ensure coverage of construction sites under an NPDES general permit for construction activity,   Identify the location of the construction activity,   Identify the responsible party or parties on site,   Identify the need to issue an individual permit in cases where a general permit will not adequately meet the objectives of the CWA,   Provide a data source from which future NPDES stormwater general permits will be developed with appropriate requirements and permit conditions that meet the objectives of the CWA,   Determine compliance with general permits and no exposure requirements,   Compile statistics on national permit issuance, backlog, and compliance rates,   Evaluate nationwide or area wide water quality,   Ensure consistency in stormwater permitting,   Prioritize permit issuance activities, Stormwater  Construction NOI ICR June 2006 Page 3   Develop appropriate policy and budgets,   Perform cost benefit analyses,   Respond to complaints from the public of possible non compliance with permit conditions, and   Respond to Congressional and public inquiries.

CWA Section 402( a), as amended, authorizes the EPA Administrator to issue permits for the discharge of pollutants if those discharges meet all applicable requirements of CWA Sections 301, 302, 306, 307, 308, and 403, or any conditions the Administrator determines are necessary to carry out the provisions and objectives of the CWA. The authorization to issue permits for stormwater discharges in particular is provided at Section 402( p). NPDES stormwater regulations are found in 40 CFR § 122.26.

2( b). PRACTICAL UTILITY/ USERS OF THE DATA Generally, construction general permit applicants submit similar basic information: the NOI for construction activities. The data contained in the NOI can be split into two types: locational information details ( e. g., name, location, description of the construction activity), and site characteristics ( e. g., site size, estimated construction start and end dates).

Permitting authorities use locational information to uniquely identify the construction activities requesting coverage under the CGP.

Permitting authorities gather site characteristics from the CGP NOI to use in estimating environmental impacts. Permitting authorities can also use the data from the CGP NOI, as well as from the SWPPP, as part of a compliance evaluation to ensure that the permittee adheres to conditions as stated in the CGP and SWPPP.

For construction sites permitted by EPA, the agency stores all information submitted on the NOI in a database housed at the NOI Processing Center. The NOI database provides an inventory of construction sites permitted by EPA. EPA uses the information contained in the NOI database to develop reports on permit issuance, backlog, and compliance rates. EPA also uses the information to respond to public and Congressional inquiries, develop and guide its policies, formulate its budgets, and manage its programs to ensure national consistency in permitting. The database serves as a source of general information and a mailing list. This provides EPA with a comprehensive recordkeeping system on permit issuance and the overall implementation of the NPDES permitting program. For the most part, States and territories authorized to implement the NPDES permitting program manage and use the data in a similar fashion to EPA and as such incur similar types of burden.

Facilities must reapply for coverage under the CGP at least every five years. The re application process is the only mechanism for obtaining up to date information on discharges.

To meet its obligations under the Clean Water Act, National Historic Preservation Act ( NHPA), and Endangered Species Act ( ESA), and to promote those Acts' goals, EPA is seeking to ensure that discharges covered under the CGP are protective of historic properties, endangered and threatened species, and critical habitat. Applicants for coverage under the CGP are required to assess the impacts of their stormwater discharges on historic properties, federally listed endangered and threatened species, and designated critical habitat. Information from this assessment is provided in the NOI and therefore Stormwater  Construction NOI ICR June 2006 Page 4 contained in the NOI database. NPDES authorized states are not required by EPA to meet the ESA and NHPA obligations and as such, no ESA or NHPA burden is associated with State ( or Territory) issued permits.

3. NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a). NONDUPLICATION EPA has examined all other reporting requirements contained in the Clean Water Act and 40 CFR Parts 122, 123, 124, 125, 403, 501, and 503. The Agency also has consulted the following sources of information to determine if similar or duplicate information is available elsewhere:

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

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

3( b). PUBLIC NOTICE REQUIRED PRIOR TO ICR SUBMISSION TO OMB This ICR was published in the Federal Register on March 7, 2006. The notice included a request for comments on the content and impact of the proposed rule on the regulated community. EPA received one set of comments on this ICR, specifically, from the National Association of Homebuilders ( NAHB). In general, NAHB comments that:

 EPA incorrectly used estimates based on data from 2003 2006 rather than from the period to be covered by this ICR, namely 2006 2008,  EPA underestimate the universe of covered sites, and  EPA underestimates costs for completion of NOIs, SWPPPs, and NOTs.

EPA's response to NAHB's comments are addressed by this ICR and summarized in Attachment A of this supporting statement.

3( c). CONSULTATIONS EPA finalized the requirements addressed in this ICR after receiving comments from the public and the regulated community. In addition, the Agency actively solicits comments when it develops its regulations. EPA holds public meetings, assembles workgroups of experts and potential respondents, and consults government agencies, such as OMB, before finalizing requirements.

In developing regulations for stormwater dischargers, EPA met with potential respondents, industry and trade organizations, environmental groups, and municipal, state, and public works associations. EPA made several changes to its regulations based on comments presented at meetings. For example, at a meeting in 1987, the National Homebuilders Association pointed out that sampling data for construction sites would be extremely variable because construction activities are continually changing. Based on this comment, EPA's CGP does not include monitoring requirements. EPA expects that adequately Stormwater  Construction NOI ICR June 2006 Page 5 implemented BMPs will be protective of water quality. Additionally, several data fields on the CGP NOI were included per comments from the Urban Wet Weather Flows Federal Advisory Committee.

3( d). EFFECTS OF LESS FREQUENT COLLECTION The CWA prohibits NPDES permits from having terms longer than five years. It is a statutory requirement that permitted entities reapply for coverage under NPDES stormwater permits before their existing permits expire, generally once every five years. Therefore, less frequent collection of information could be a violation of the CWA.

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

3( f). CONFIDENTIALITY Permit applications may contain confidential business information. If this is the case, the respondent may request that such information be treated as confidential. All confidential data will be handled in accordance with 40 CFR § 122.7, 40 CFR Part 2, and EPA's Security Manual Part III, Chapter 9, dated August 9, 1976. However, CWA § 308( b) specifically states that effluent data may not be treated as confidential.

3( g). SENSITIVE QUESTIONS Reporting requirements addressed in this ICR do not include sensitive questions.

4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a). RESPONDENTS/ SIC CODES Entities that wish to apply for coverage of stormwater discharges related to large construction activity under the EPA NPDES CGP must complete and submit an NOI, develop and maintain a SWPPP, and perform routine site inspections. Construction activities that result in a disturbance of less than 5 acres of total land area are also required to submit an NOI and develop a SWPPP, but the burden on those respondents is accounted for in the Stormwater Phase II ICR ( OMB Control Number 2040 0211, EPA ICR Number 1820.03). Typically, construction site operators are required to submit one NOI for their role in construction activities that are part of a common plan of development or sale that in total disturbs more than five acres ( e. g., an operator disturbing 100 acres as part of a common plan would submit one NOI while an operator disturbing 3 acres as part of a larger common plan of development which disturbs five acres or more would also be required to submit one NOI for their activities). Operators working on multiple common plans generally are required to submit NOIs for their role in each common plan.

The largest portion of construction activities will be carried out by builders, local developers, and contractors. Relevant SIC codes include the following: 1531, 1541, 1542, 1611, 1622, 1623, 1629, and 1764. Stormwater  Construction NOI ICR June 2006 Page 6 At present, 45 states and one Territory have received authorization from EPA to act as the NPDES permitting authority in those respective areas. Because they incur burden in administering the program, permitting authorities are considered respondents for the purposes of this ICR.

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

Data Items, Including Recordkeeping Requirements Notice of Intent Construction site operators are required to complete an NOI or an individual application and develop and implement a stormwater pollution prevention plan that includes proper erosion and sediment controls.

Stormwater discharges associated with construction activity exist in vast numbers. EPA has recognized that the burden to issue individual permits to each discharger would be prohibitive. EPA currently uses, and expects to continue and encourage the use of, a general permit option and standardized application forms for construction activities. EPA expects that all operators of construction sites of five or more acres will submit a Notice of Intent ( NOI) for coverage under a general permit consistent with the requirements of 40 CFR § 122.28( b)( 2).

Although the NPDES regulations allow the option of submitting individual applications instead of an NOI, EPA does not anticipate any operator will choose this option. Because EPA expects no respondents for this activity, the burden and costs associated with the preparation and submittal of an individual application are not necessary for this ICR. However, the information required for an individual application, Forms 1 and 2F, was estimated in the ICR that was developed to assess the information collection burden of the stormwater regulations as promulgated in 1990. Federal regulations require, at a minimum, that applicants provide the following information in their NOI:

  the legal name and address of the operator,   the facility name and address,   the type of facility or discharges, and   the name of the receiving water( s).

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

EPA has developed an NOI form that applies to both Phase I and Phase II of the construction stormwater program. Entities within the construction industry and their industry organizations are familiar with an NOI as a means of seeking coverage under Phase I of the stormwater program.

Generally, the following type of information is requested from Phase I construction operators: Stormwater  Construction NOI ICR June 2006 Page 7   Name, address, and phone number of the construction site operator,   Ownership class of the construction site ( i. e., Federal, state, public, or private),   Name and location of the construction site,   Whether the facility is located on Indian Lands,   Latitude and longitude of the construction site,   Whether a SWPPP has been developed,   Address of the location of the SWPPP,   Estimated construction start date and completion date,   Estimated land area to be disturbed,   Whether any endangered or threatened species are in proximity to stormwater discharges or best management practices ( BMPs) to be constructed for the discharges, and   Whether any historic properties are in proximity to stormwater discharges or BMPs to be constructed for the discharge.

Stormwater Pollution Prevention Plan ( SWPPP) As an NPDES construction permit condition, EPA requires operators of construction sites to develop a SWPPP. A SWPPP is typically kept on site and not submitted. The development of a SWPPP is unique to each construction site even though it is based on common required elements. The SWPPP typically includes:

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

EPA requires SWPPPs consistent with the best management practices requirements specified in 40 CFR § 122.44( k)( 2).

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

Record Maintenance The CGP requires that the SWPPP and copies of the NOI ( or other permit application) are kept on site. The SWPPP also requires the construction site operator to keep records of bi weekly inspections of BMPs used for erosion and sediment control. These requirements are consistent with the requirements of § § 122.41( h)( j) & ( l).

Respondent Activities Respondent activities can vary depending on the characteristics of the applicant and of the particular authorized state or Territory. This ICR explains these activities for each set of application requirements ( see Section 6 of this ICR, " Estimating Respondent Burden"). Respondent activities are summarized below for both permittees and NPDES authorized states and territories. Stormwater  Construction NOI ICR June 2006 Page 8 Construction Permittees Any particular construction respondent preparing and submitting an NOI may engage in the following types of activities:

  Preparing basic information for the NOI. This includes reading and reviewing instructions and regulations for the current CGP NOI, reviewing guidance materials, gathering general information, typing/ completing the CGP NOI form, submitting the form, and maintaining a record of the NOI.   Preparing basic information for the SWPPP. This includes reading and reviewing instructions and regulations for SWPPP requirements, gathering general information, and developing a plan for SWPPP preparation.   Generating detailed information for the SWPPP. Detailed information may include topographic maps, data on effluent characteristics, management programs, financial estimates, engineering data, or other information required to be included in SWPPPs.   Performing routine inspections. The CGP requires operators to perform routine site inspections to assess the effectiveness of the SWPPP and associated BMPS in protecting water quality.   Maintaining records. The CGP requires that the permittee keep records for at least three years from the date that the site is finally stabilized. Also, SWPPPs must be maintained on site from the date of project initiation to the date of final stabilization. Applicants may need to develop a recordkeeping system, enter data, train personnel, and file information.

NPDES Authorized States and Territories Respondent activities can vary depending on the characteristics of the particular authorized state or Territory and the methodology they chose in administering the program. However, any NPDES permitting authority may be expected to engage in the following types of activities:

  Maintaining records. States and territories need to develop a recordkeeping system, develop a master database, train personnel, enter data, and distribute the information to interested parties, such as reviewers and enforcement personnel.   Reviewing submitted data. States and territories may need to answer respondent questions and provide a review of CGP NOIs for completeness and technical accuracy. In addition, states and territories need to notify applicants of receipt/ approval of CGP NOI submissions. Because the NPDES regulations do not require SWPPPs to be submitted to the permitting authority, there are no SWPPP related respondent activities for any NPDES authorized state or territory.

5. THE INFORMATION COLLECTED  AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a). AGENCY ACTIVITIES The Agency's activities as the NPDES permitting authority for five states, the District of Columbia, and all U. S. territories except the Virgin Islands are the same as the activities performed by the 45 NPDESauthorized states and the Virgin Islands. The sole activity is the processing and review of CGP NOIs. Stormwater  Construction NOI ICR June 2006 Page 9 The development of information collection forms by the NPDES authorized states has not been included in this ICR. For the active ICR ( OMB Control Number 2040 0188, EPA ICR Number 1842.04) EPA expected that all necessary forms had been developed as part of EPA Headquarters' rule implementation efforts. Furthermore, because the NPDES permitting authorities could simply adopt the EPA forms or use their pre existing NOI forms, EPA estimated that the NPDES permitting authorities would not incur any additional burden for the development of forms.

As EPA receives NOIs, they must be reviewed for completeness. If an NOI is incomplete, applicants are notified and instructed to submit the missing information. If the NOI is complete, an acceptance letter is sent to the permittee, along with a unique permit number. The NOI data is maintained in the NOI database at the NOI Processing Center.

The Fish and Wildlife Service ( FWS) and National Marine Fisheries Service ( NMFS) must assist some applicants with obtaining information relating to endangered species and critical habitat and participate in formal and informal Endangered Species Act ( ESA) consultations when endangered species or critical habitat are present or will be impacted by construction activity. NPDES authorized states are not required to include these requirements in their general permits, and therefore neither the NPDESauthorized states nor the construction sites within those states incur any burden for ESA consultations.

As mentioned previously, permittees are not required to submit SWPPPs to EPA for review. These plans are to be maintained on site where the construction activities are taking place and must be available for EPA review as requested. Therefore, for the purposes of this ICR, the pollution prevention plans are integral to the day to day operational control of each construction site, but are not included as a component of Agency activities.

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

5( c). SMALL ENTITY FLEXIBILITY For many reasons, EPA believes the reporting requirements discussed in this ICR do not place an unreasonable burden on small business. Over the last decade, EPA has reduced reporting burdens on businesses of all sizes. The Agency developed the general permit procedures to reduce burdens associated with the application process, especially the burden associated with stormwater discharges.

The NOI requests minimal information required to characterize the site and construction activity. Most site related information is contained in the SWPPP, which is not required to be submitted to the Agency. Furthermore, sites submit NOIs once every five years and the burden represented by these NOIs cannot easily be reduced for small businesses because EPA needs certain basic information to make permitting decisions. This basic information is not dependent on an organization's size. One of the measures taken by EPA to reduce burden and costs is that facilities submitting NOIs for coverage under EPA's CGP, for instance, do not need to submit any sampling data. Stormwater  Construction NOI ICR June 2006 Page 10 The CGP NOI ( EPA form 3510 9) was developed specifically to reduce the burden for construction activities. The pre existing NOI form ( EPA form 3510 6) that was replaced in 1998 required more detailed information since the form was also used for industrial activities requesting coverage under a general permit. The current NOI is simplified and only relevant information for construction activities is requested.

5( d). COLLECTION SCHEDULE Federal regulations require permittees to reapply for permits at least every five years, although the regulations also grant permit writers the authority to impose more frequent reissuance. General permits are issued only for a five year term. All facilities that wish to be covered under the general permit must reapply or notify EPA once every five years using the CGP NOI. When calculating burden, this ICR assumes that all permit applicants follow this schedule.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) ESTIMATING RESPONDENT BURDEN In this section, EPA presents estimated burden for each information request on construction sites disturbing five or more acres. Per EPA ICR guidance, the 45 NPDES authorized states and the Virgin Islands are also included as respondents in this section.

Burden on Construction Respondents The respondent activities for construction sources are preparation and submittal of an NOI, the development of a SWPPP, conduct of routine site inspections, and associated recordkeeping. Burden for other activities associated with permit coverage for stormwater discharges from large construction activities ( such as the preparation and submittal of a NOT) is included in other ICRs ( e. g., NPDES Applications ICR  OMB Control Number 2040 0086 for NOTs).

EPA estimates that all construction sources required to seek coverage will use the NOI rather than seek coverage using an application for an individual permit. To determine the average burden for the NOI, EPA developed an estimate of the time increment necessary to complete the form. A poll of contractor and EPA staff familiar with the NOI requests indicated that the current form would take a typical applicant a total of 1.5 hours to complete if there were no endangered species or critical habitat listed for the project area. Should the permittee need to informally consult with the Fish and Wildlife Service ( FWS) or National Marine Fisheries Service ( NMFS) to determine if species or critical habitat may be present and if an adverse impact is likely to occur, then an average of 6 hours would be needed to complete the form. EPA estimates that 37.3% of applicants would need to perform informal consultations. Based on information provided by FWS, EPA estimates that 2.7 percent of applicants would need formal consultation for actions that are likely to adversely affect species or critical habitat, and thus incur 20 hours of burden preparing biological evaluations and related correspondence. EPA assumes that 60 percent would not have listed endangered species or critical habitat in the project area. A discussion with FWS staff confirmed this assumption was a good estimate given the areas that the permit covered. However, in NPDES authorized states, the ESA requirement of the CGP does not necessarily apply, unless specifically provided for by the state. Therefore, for the purposes of this ICR, Stormwater  Construction NOI ICR June 2006 Page 11 only construction sites in non NPDES authorized states might incur burden in consultations with FWS and/ or NMFS. In other words, in NPDES authorized states, the burden is 1.5 hours for completion of the NOI, while in areas where EPA is the permitting authority, the burden is dependent on the required level of consultation with FWS and NMFS.

The burden to develop a SWPPP was estimated using best professional judgment of contractor staff familiar with the stormwater CGP process and the design of SWPPPs. Despite the fact that the components of a SWPPP are similar, the design, size, function, and level of effort involved, will vary for each site. To calculate the burden to prepare a SWPPP, EPA and EPA contractor staff identified a " typical" respondent and then estimated the burden for that respondent to prepare a SWPPP. The various activities carried out in the preparation of a SWPPP are presented in Section 4( b). EPA estimates that the average time for a respondent to develop a SWPPP is 36.4 hours. This is a one time development activity. The breakdown of cost and burden by labor category is provided in Section 6( b).

The burden to conduct routine site inspections was estimated using best professional judgment This ICR assumes inspections will be conducted by a project manager, bi weekly, with each inspection expected to take 30 minutes, including documentation of findings. Based on data from EPA's NOI database, the median and mean large construction projects lasts approximately one year and as such, assumes 26 biweekly inspections will be conducted.

The estimated recordkeeping burden for the CGP NOI and SWPPP is expected to be 0.4 hours per construction start, based on a poll of contractor and EPA staff familiar with the recordkeeping activities associated with the construction stormwater program. The burden is estimated at 0.2 hours each for the CGP NOI and SWPPP, respectively.

A summary of estimated respondent burden is presented below in Table 1. Stormwater  Construction NOI ICR June 2006 Page 12 Table 1. Burden on Each Respondent Information Collection Activity Annual Burden on Each Respondent ( hours) In NPDES Authorized States NOI preparation & submittal 1.5 Development of SWPPP 36.4 Routine site inspection 13.0 Recordkeeping 0.4 Annual Total 51.3 In States where EPA is the Permitting Authority For sites where no ESA consultation is necessary NOI preparation & submittal 1.5 Development of SWPPP 36.4 Routine site inspection 13.0 Recordkeeping 0.4 Annual Total 51.3 For sites where an informal ESA consultation is necessary NOI preparation & submittal 6.0 Development of SWPPP 36.4 Routine site inspection 13.0 Recordkeeping 0.4 Annual Total 55.8 For sites where a formal ESA consultation is necessary NOI preparation & submittal 20.0 Development of SWPPP Routine site inspection 36.4 13.0 Recordkeeping 0.4 Annual Total 69.8 Burden on NPDES Authorized States The Office of Management and Budget requires the state administrative burden and cost to be included in the respondent burden section of the ICR. The burden incurred by the NPDES authorized states in managing and implementing the construction stormwater program is consistent with that incurred by the Agency. Burden and costs will impact the Agency where it is the NPDES permitting authority, and NPDES authorized states will incur burden and costs where EPA is not the permitting authority.

The sole activity required for administration of the construction program in NPDES authorized states is the processing and review of NOIs. This includes data entry of the NOI information into a database and for responding to any inquiries. Most NPDES authorized states and territories use a CGP NOI process similar to that implemented by EPA. This greatly reduces the burden upon governments to develop new forms and new databases to record information and track applicants. The burden estimate for administration of the construction program is based on a poll of contractor and EPA staff familiar with the conditions of the waivers and the level of review necessary. It is presented below in Table 2.

Table 2. Burden on NPDES authorized States Information Collection Activity Burden Per Respondent ( hours) NOI processing & review 1.0 Stormwater  Construction NOI ICR June 2006 Page 13 Total NOI processing & review 1.0 6( b). ESTIMATING RESPONDENT COST Because EPA has determined that there are no capital or operation and maintenance costs associated with any of the respondent activities, this ICR only includes labor costs in its estimates. The CGP does not require construction site operators to expend funds for capital assets. Respondents are not required to pay for capital equipment or operations and maintenance to respond to the additional information requests.

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

Costs to Construction Respondents EPA used the following labor categories and hourly rates to estimate labor costs for activities by construction sources. Hourly wage rates are inflated to January 2006 dollars using the Employment Cost Index and fully loaded assuming overhead costs of 52 percent. 1 ° Project manager: $ 65.60, ° Engineering assistant, $ 46.46, ° Drafter, $ 31.73, and ° Clerical support, $ 27.19.

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

EPA used an hourly labor cost of $ 65.60 for the project manager to prepare and submit the NOI and perform routine site inspections, and a combination of all four staff labor categories for the development of a SWPPP. Specifically, EPA assumed the following hourly distribution for SWPPP development: project manager ( 1.0 hours), engineering assistant ( 13.0 hours), drafter ( 22.0 hours), and clerical support ( 0.4 hours). That labor mix equates to an effective hourly rate of $ 37.87. Recordkeeping activities for both the CGP NOI and SWPPP are based on hourly rates for clerical staff.

EPA calculated the administrative costs for each of the information collection activities by multiplying the estimated burden by the appropriate hourly labor rate. The results are presented below in Table 3.

1 U. S. Department of Labor, Bureau of Labor Statistics. Employer Costs for Employee Compensation  December 2005, Table 9. Employer costs per hour worked for employee compensation and costs as a percent of total compensation: Private industry workers, goods producing and service providing industries, by occupational group, December 2005. Stormwater  Construction NOI ICR June 2006 Page 14 Table 3. Costs to Each Respondent Information Collection Activity Annual Burden for Each Respondent ( hours) Labor Rate ($ per hour) Annual Cost to Each Respondent In NPDES Authorized States NOI preparation & submittal 1.5 $ 65.60 $ 98.40 Development of SWPPP 36.4 $ 37.87 $ 1,378.47 Routine site inspections 13.0 $ 65.60 $ 852.80 Recordkeeping 0.4 $ 27.19 $ 10.88 Annual Total 51.3  $ 2,340.55 In States where EPA is the Permitting Authority For sites where no ESA consultation is necessary NOI preparation & submittal 1.5 $ 65.60 $ 98.40 Development of SWPPP 36.4 $ 37.87 $ 1,378.47 Routine site inspections 13.0 $ 65.60 $ 852.80 Recordkeeping 0.4 $ 27.19 $ 10.88 Annual Total 51.3  $ 2,340.55 For sites where an informal ESA consultation is necessary NOI preparation & submittal 6.0 $ 65.60 $ 393.60 Development of SWPPP 36.4 $ 37.87 $ 1,378.47 Routine site inspections 13.0 $ 65.60 $ 852.80 Recordkeeping 0.4 $ 27.19 $ 10.88 Annual Total 55.8  $ 2,635.75 For sites where a formal ESA consultation is necessary NOI preparation & submittal 20.0 $ 65.60 $ 1,312.00 Development of SWPPP 36.4 $ 37.87 $ 1,378.47 Routine site inspections 13.0 $ 65.60 $ 852.80 Recordkeeping 0.4 $ 27.19 $ 10.88 Annual Total 69.8  $ 3,554.15 Costs to NPDES Authorized States The hourly labor rate for NPDES authorized states was based on the average hourly wage for state employees as determined by the U. S. Department of Labor. 2 The mean hourly cost of employment for all occupations is $ 36.55, including benefits. This hourly rate was used for all activities performed by NPDES authorized states in this ICR.

EPA calculated the administrative costs of the information collection activities by multiplying the estimated burden by the hourly labor rate. The results are presented below in Table 4.

2 U. S. Department of Labor, Bureau of Labor Statistics. Employer Costs for Employee Compensation, Table 4 Employer costs per hour worked for employee compensation and costs as a percent of total compensation: State and local government workers, by occupational and industry group, December 2005. Stormwater  Construction NOI ICR June 2006 Page 15 Table 4. Costs to NPDES Authorized States Information Collection Activity Annual Burden Per Respondent ( hours) State Labor Cost ($/ hr) Annual Cost Per Respondent ($) NOI processing & review 1.0 $ 36.55 $ 36.55 6( c). ESTIMATING AGENCY BURDEN AND COST The Agency burden and costs are included where EPA is the NPDES permitting authority in the non NPDES authorized states and territories. An estimate of the burden and costs for the Agency result from activities as described in Section 5( a). These burden and costs are identical to those for NPDESauthorized states and territories, with the exception of the need to provide FWS and NMFS consultations in areas where threatened or endangered species may be in the project area.

Burden Estimates For NOIs, Agency burden is expected to be 1.0 hours per respondent for data entry of the NOI information into a database and to respond to any inquiries. The FWS and NMFS will incur a burden due to ESA related questions and consultations. EPA estimates that the FWS and NMFS will incur 10 hours of burden for formal consultations and 2 hours for informal consultations.

No burden is included for SWPPPs as described in Section 5( a).

Cost Estimates All cost calculations in this ICR account for labor costs only. The hourly labor rate for the Federal government is based on the following:

The hourly employment cost of Federal employees was determined using methodology established in previous ICRs. According to the U. S. Office of Personnel Management, 2006 General Schedule ( 2006 GS), the average annual salary of a government employee at the GS 9, Step 10 level is $ 49,632. At 2,080 hours per year, the hourly wage is $ 23.86. Assuming overhead costs of 50 percent, or $ 11.93 per hour, the fully loaded cost of employment for a federal employee is $ 35.79. Costs incurred by the Agency are presented in Table 5.

Table 5. Agency Costs Information Collection Activity Annual Burden Per Respondent ( hours) Agency Labor Cost ($/ hr) Annual Cost Per Respondent ($)

NOI processing & review 1.0 $ 35.79 $ 35.79 FWS/ NMFS informal consultation 2.0 $ 35.79 $ 71.58 FWS/ NMFS formal consultation 10.0 $ 35.79 $ 357.90 Stormwater  Construction NOI ICR June 2006 Page 16 6( d). ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS The total burden and cost on the all respondents as a group can be calculated by multiplying the burden and cost per respondent by the number of respondents in the regulated universe.

Estimating the Universe of Construction Respondents EPA estimates that nationwide, there will be an annual average of 157,500 construction starts of five acres or more in 2006, 2007, and 2008. This number was calculated based on permittee data from 2004 and communication with EPA and state permitting authorities. As documented in Attachment B, EPA estimates approximately 100,000 NOIs are received annually by all NPDES permitting authorities combined. Based on communication with EPA Regional offices, the Agency estimates a non filer rate of approximately 60 percent for this industry. This equates to a total regulated universe of 250,000 construction sites annually disturbing greater than one acre of land. Based on the Economic Analysis ( EA) for the Final Phase II Stormwater Rule, approximately 63 percent of construction sites disturb five acres or above. The Agency believes this estimate provides a reasonable estimate of the universe of large construction activities regulated by the NPDES program for the next three year period.

Estimating the NPDES Authorized State Universe To determine what percentage of the 157,500 annual construction starts take place in NPDES authorized states, where the burden of administering the program falls on the state, EPA assembled data from the U. S. Census Bureau. 3 According to the 2000 Census, approximately 5.6 percent of the population lives in the five non NPDES authorized states, Washington, DC, and all non NPDES authorized territories. Applying this percentage to the total universe of construction sites yields approximately 8,820 sites in non NPDES authorized states and territories, and 148,680 sites ( 94.4 percent) in NPDES authorized states and the Virgin Islands. These estimates are summarized in Table 6.

Table 6. Relative Number of Respondents Information Collection Activity Number of Annual Respondents In NPDES Authorized States NOI preparation & submittal 148,680 Development of SWPPP 148,680 Routine site inspections 148,680 Recordkeeping 148,680 In States where EPA is the Permitting Authority For sites where no ESA consultation is necessary ( 60% of starts in non NPDES authorized states) NOI preparation & submittal 5,292 Routine site inspections 5,292 Development of SWPPP 5,292 Recordkeeping 5,292 3 http:// www. census. gov/ population/ cen2000/ tab02. xls http:// www. census. gov/ Press Release/ www/ 2002/ GUAMSTATELEVEL. xls http:// www. census. gov/ Press Release/ www/ 2002/ amsamstatelevel. xls http:// www. census. gov/ Press Release/ www/ 2002/ USVISTATELEVEL. xls Stormwater  Construction NOI ICR June 2006 Page 17 For sites where an informal ESA consultation is necessary ( 37.3% of starts in non NPDES authorized states) NOI preparation & submittal 3,290 Routine site inspections 3,290 Development of SWPPP 3,290 Recordkeeping 3,290 For sites where a formal ESA consultation is necessary ( 2.7% of starts in non NPDES authorized states) NOI preparation & submittal 238 Routine site inspections 238 Development of SWPPP 238 Recordkeeping 238 Total Burden and Costs Table 7 presents the estimated annual average burden and costs for construction activities. Table 8 presents the estimated annual average burden and costs for NPDES authorized states. Total burden and costs are calculated by multiplying the cost associated with each activity by the number of estimated respondents.

Table 7. Total Respondent Burden and Cost Estimates Information Collection Activity Annual Number of Respondents Annual Burden Hours Per Respondent Annual Burden ( hours) Respondent Labor Cost ($/ hr) Annual Cost ($)

In NPDES Authorized States NOI preparation & submittal 148,680 1.5 223,020 $ 65.60 $ 14,630,112 Development of SWPPP 148,680 36.4 5,411,952 $ 37.87 $ 204,950,622 Routine site inspections 148,680 13.0 1,932,840 $ 65.60 $ 126,794,304 Recordkeeping 148,680 0.4 59,472 $ 27.19 $ 1,617,044 Annual Subtotal 51.3 7,627,284 $ 347,992,082 In States where EPA is the Permitting Authority For sites where no ESA consultation is necessary NOI preparation & submittal 5,292 1.5 7,938 $ 65.60 $ 520,733 Development of SWPPP 5,292 36.4 192,629 $ 37.87 $ 7,294,853 Routine site inspections 5,292 13.0 68,796 $ 65.60 $ 4,513,018 Recordkeeping 5,292 0.4 2,117 $ 27.19 $ 57,556 Annual Subtotal 51.3 271,480 $ 12,386,159 For sites where an informal ESA consultation is necessary NOI preparation & submittal 3,290 6.0 19,740 $ 65.60 $ 1,294,944 Development of SWPPP 3,290 36.4 119,756 $ 37.87 $ 4,535,160 Routine site inspections 3,290 13.0 42,770 $ 65.60 $ 2,805,712 Recordkeeping 3,290 0.4 1,316 $ 27.19 $ 35,782 Annual Subtotal 55.8 183,582 $ 8,671,598 For sites where a formal ESA consultation is necessary NOI preparation & submittal 238 20.0 4,760 $ 65.60 $ 312,256 Development of SWPPP 238 36.4 8,663 $ 37.87 $ 328,075 Routine site inspections 238 13.0 3,094 $ 65.60 $ 202,966 Recordkeeping 238 0.4 95 $ 27.19 $ 2,588 Annual Subtotal 69.8 16,612 $ 845,886 Stormwater  Construction NOI ICR June 2006 Page 18 ANNUAL TOTAL 157,500 8,098,958 $ 369,895,725 Table 8. Total NPDES Authorized State Burden and Costs Information Collection Activity Annual Number of Respondents Burden Per Respondent ( hours) Annual Burden ( hours) Labor Cost ($/ hr) Annual Cost ($)

NOI processing & review 148,680 1.0 148,680 $ 36.55 $ 5,434,254 TOTAL 148,680 148,680 $ 5,434,254 Stormwater  Construction NOI ICR June 2006 Page 19 6( e). BOTTOM LINE BURDEN HOURS AND COST TABLES The bottom line burden hours and cost are the sum of all the hours and costs incurred for all activities by construction operators, NPDES authorized states, and the Agency.

Respondent Tally This ICR calculated burden and cost for two types of respondents: 1) construction sites disturbing five acres or more, and 2) NPDES authorized states. The combined bottom line totals for the two respondent types are 157,546 respondents performing 5 information collection activities resulting in an average of 8,247,638 annual burden hours at an annual cost of $ 375,329,979. The respondent tally is presented in Table 9.

Table 9. Annual Respondent Burden and Cost Summary Respondent Type Annual Number of Respondents Number of Activities Annual Burden ( hours) Average Annual Cost ($) Construction sources 157,500 4 8,098,958 $ 369,895,725 NPDES authorized states a 46 1 148,680 $ 5,434,254 TOTAL 157,546 5 8,247,638 $ 375,329,979 a 45 states and one territory ( Virgin Islands)

Agency Tally Agency activities associated with information collection burden and costs are similar to those for the NPDES authorized states. The difference between the two is that the Agency has authorized 45 states and the Virgin Islands to implement the NPDES stormwater program and as such, Agency burden is only included for the remaining states and territories ( as described in 6( d)).

The Agency's total burden and costs is presented in Table 10. Bottom line annual burden is 17,780 hours at an annual cost of $ 636,346.

Table 10. Total Agency Burden and Costs Information Collection Activity Annual Number of Respondents Number of Activities Annual Burden ( hours) Average Annual Cost ($) NOI processing & review 8,820 1 8,820 $ 315,668 FWS/ NMFS informal consultation 3,290 1 6,580 $ 235,498 FWS/ NMFS formal consultation 238 1 2,380 $ 85,180 TOTAL 12,348 3 17,780 $ 636,346 Total Tally The sum of respondent, NPDES authorized state, and Agency bottom line totals are 8,265,418 burden hours per year at an annual cost of $ 375,966,325.

Variations in the Annual Bottom Line There will not be a significant variation in the annual respondent reporting/ recordkeeping burden or cost over the course of the clearance period. Stormwater  Construction NOI ICR June 2006 Page 20 6( f). REASONS FOR CHANGE IN BURDEN AND COST Table 11 presents the change in the respondent burden from the previous ICR for each information item covered by this ICR. The increase in applicant respondent and NPDES authorized state burden is primarily the result of one change, that being the addition of routine site inspection burden for existing large construction sites ( previously not addressed in any ICR). A portion of the burden is reduced based on EPA's estimate of the number of entities affected by this information collection.

Based on data collected from EPA Regional and State NPDES permitting authorities, the Agency revised its estimate of the number of large construction sites covered by this regulation downward from 190,549 to 157,500 sites annually.

Table 11. Change in Annual Burden Information Collection Activity Current ICR Previous ICR Change between Previous ICR and Current ICR Construction Sources: NOI preparation & submittal 255,458 325,047  69,589 Development of SWPPP 5,733,000 7,324,164  1,591,164 Routine site inspections 2,047,500 2,047,500 Recordkeeping 63,000 80,485  17,485 Subtotal 8,098,958 7,729,696 369,262 NPDES Authorized States NOI processing & review 148,680 190,549  41,869 Subtotal 148,680 190,549  41,869 Respondent Total 8,247,638 7,920,245 327,393 Agency NOI processing & review 8,820 10,664  1,844 FWS/ NMFS informal consultation 6,580 7,956  1,376 FWS/ NMFS formal consultation 2,380 2,879  499 Agency Total 17,780 21,499  3,719 No capital operations and maintenance costs are associated with this ICR.

6( g). BURDEN STATEMENT The annual public reporting and recordkeeping burden for this collection of information is estimated to average 51.3 hours per respondent in NPDES authorized states and 53.5 hours per respondent in states and territories where EPA is the permitting authority. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of Stormwater  Construction NOI ICR June 2006 Page 21 information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

Table 12. Burden Statement Respondent Average Annual Burden ( hours) Construction Sources Each Construction Source in an NPDES Authorized State 51.30 Each Construction Source in a non NPDES Authorized State 53.48 Each NPDES Authorized State 3,232 Agency ( EPA) 17,780 To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA HQ OW 2003 0011 which is available for online viewing at www. regulations. gov, or in person at the public viewing at the Water Docket in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Water Docket is ( 202) 566 2426. An electronic version of the public docket is available at www. regulations. gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. EPA HQ OW 2003 0011 and OMB control number 2040 0188 in any correspondence. Stormwater  Construction NOI ICR June 2006 Page 22 ATTACHMENT A.

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

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

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

NAHB Comment: The Agency has significantly underestimated the regulated universe.

EPA Response: The Agency has updated the number of sites covered under this ICR to reflect data collected from EPA Regional and State NPDES permitting authorities. As detailed in Attachment B, Agency data suggests the actual number of construction sites affected by the Phase I rule is approximately 157,500. This estimate is lower than the previous ICR but reflects actual NOI data plus communication with the permitting authorities on the approximate non filer rate ( 60%) for this segment of the regulated universe. The Agency believes its prior estimates are higher than actual.

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

EPA Response: EPA is adding a burden for routine site inspections to this ICR. EPA is estimating 26 routine inspections per year per site ( i. e., bi weekly) and assumes that these assessments will be performed by a site/ project manager and will take approximately 30 minutes per inspection, including documentation of any findings. The burden for the annual comprehensive site inspection is already included in the Compliance Assessment/ Certification ICR ( OMB Control No. 2040 0110). Burden hours for NOTs are included in the NPDES Applications ICR ( OMB 2040 0086).

NAHB Comment: EPA provides misleading information on the number of NOIs that are typically submitted within a five year period. Small businesses will generally conduct more than one project in a five year period and as such, are subject to multiple permits and absorb the costs associated with the activities in this ICR potentially several times within any given year.

EPA Response: EPA clarifies in the supporting statement the fact that operators generally are required to submit an NOI for their role in each common plan that disturbs five acres or more. Stormwater  Construction NOI ICR June 2006 Page 23 NAHB Comment: NAHB believes the Agency should do more to reduce the burden associated with small business ( such as developing a permit specific to single lot building).

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

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

EPA Response: The Agency uses data supplied by the U. S. Department of Labor, Bureau of Labor Statistics ( BLS) for estimating labor costs associated with regulatory burdens. The Agency did modify the appropriate personnel responsible for preparing the NOI to reflect that generally this would be prepared by a project manager rather than an engineering assistant. However, EPA does not have BLS information to suggest hourly rates provided by NAHB are representative of the nation. NAHB did provide information in its 2003 letter suggesting that the Agency's estimated burden for preparation of a SWPPP ( i. e., ~ 36 hours) is reasonable. Stormwater  Construction NOI ICR June 2006 Page 24 ATTACHMENT B.

Calculation of National Estimate of Construction NOIs ( 2004)

Stat e EPA Region 2004 NOIs 2000 Pop. N/ A 1 1,720 N/ A 2 200 N/ A 3 37 N/ A 4 1 N/ A 5 45 N/ A 6 1,873 N/ A 7 6 N/ A 8 215 N/ A 9 127 N/ A 10 1,007 AK Reg 10 x 626,932 ID Reg 10 x 1,293,953 MA Reg 10 x 6,349,097 NH Reg 10 x 1,235,786 PR Reg 2 x EPA 3,808,610 EPA DC Reg 3 x NOI Total 572,059 NOI Pop. % of Total Pop. NM Reg 6 x 5,231 1,819,046 15,705,483 5.5% CT 1 150 3,405,565 VT 1 150 608,827 DE 3 410 783,600 WV 3 1,315 1,808,344 AL 4 4,500 4,447,100 FL 4 5,562 15,982,378 KY 4 1,738 4,041,769 MS 4 1,540 2,844,658 SC 4 1,690 4,012,012 TN 4 2,250 5,689,283 MN 5 3,229 4,919,479 AR 6 605 2,673,400 LA 6 415 4,468,976 OK 6 1,566 3,450,654 KS 7 790 2,688,418 NE 7 1,700 1,711,263 MT 8 699 902,195 UT 8 1,800 2,233,169 AZ 9 3,200 5,130,632 CA 9 6,773 33,871,648 HI 9 278 1,211,537 NV 9 1,600 State 1,998,257 State OR 10 622 NOI Total 3,421,399 NOI Pop. % of Total Pop. WA 10 350 42,932 5,894,121 118,198,684 41.4% ME 1 * 1,274,923 RI 1 * 1,048,319 NJ 2 * 8,414,350 NY 2 * 18,976,457 Stormwater  Construction NOI ICR June 2006 Page 25 Stat e EPA Region 2004 NOIs 2000 Pop. MD 3 * 5,296,486 PA 3 * 12,281,054 VA 3 * 7,078,515 GA 4 * 8,186,453 NC 4 * 8,049,313 IL 5 * 12,419,293 IN 5 * 6,080,485 MI 5 * 9,938,444 OH 5 * 11,353,140 WI 5 * 5,363,675 TX 6 * 20,851,820 IA 7 * 2,926,324 MO 7 * 5,595,211 Total CO 8 * 4,301,261 NOI Pop. % of total Pop. ND 8 * 642,200 133,904,167 46.9% SD 8 * 754,844 Non NOI Pop. % of Total Pop. WY 8 * 493,782 151,326,349 53.1% Total 48,163 285,230,516 *  Data not collected. 48,163 NOIs from 29 states+ ( actual) 54,429 NOIs from 50 states+ ( estimated) 102,592 Total NOIs 100,000 Total NOIs received nationwide Assumed based on 1 significant figure