                 Information Collection Request (ICR) for the
       NPDES Electronic Reporting Rule  -  Phase 2 Extension (Proposal)
                      (EPA No. 2617.01, OMB No. 2020-NEW)
IDENTIFICATION OF THE INFORMATION COLLECTION
Title of the Information Collection
Title: NPDES Electronic Reporting Rule  -  Phase 2 Extension (Proposal)
EPA ICR No.: 2617.01
OMB Control No.: 2020-NEW

Short Characterization/ Abstract
EPA published the National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule ("NPDES eRule") on 22 October 2015. The 2015 rule required EPA and states to modernize Clean Water Act (CWA) reporting for municipalities, industries and other facilities. That rule replaced most paper-based NPDES reporting requirements with electronic reporting. These reports include: (1) Discharge Monitoring Reports (DMRs); (2) general permit reports (e.g., Notices of Intent to discharge in compliance with a general permit); and (3) other specified program reports. The NPDES eRule included a phased implementation schedule (40 CFR 127.26). Most states and permittees have successfully implemented Phase 1 of the NPDES eRule, which includes DMRs and the Federal Biosolids Annual Report where EPA is the Regulatory Authority. All other reports and notices are part of Phase 2 implementation.
EPA is proposing to postpone the compliance date for Phase 2 implementation by three years and to provide states with additional flexibility to request even more time as needed. Further, the proposed rule accompanying this ICR would also clarify existing requirements and eliminate some duplicative or outdated reporting requirements. These changes will help ensure a smoother transition from paper to electronic reporting for the NPDES program. Taken together, the flexibility afforded by the proposed rule and the implementation of electronic reporting will help NPDES authorized programs save considerable resources, make reporting easier for NPDES-regulated entities, streamline permit renewals (as permit writers typically review previous noncompliance events during permit renewal), ensure full exchange of NPDES program data between states and EPA to the public, improve environmental decision-making, and protect human health and the environment.
This rule-related ICR addresses the incremental burden to authorized NPDES programs under the proposed changes to the 2015 NPDES eRule. The incremental burden is associated with the submittal of alternative Phase 2 compliance deadlines requests to EPA and the sharing of information related to state-issued general permits and program reports. This ICR does not impose any new reporting requirements on NPDES-regulated entities.
The respondents to this ICR are the 48 authorized NPDES programs (47 states and the U.S. Virgin Islands). The total annual burden for the 48 authorized EPA programs is 416 hours. Burden is defined at 5 CFR 1320.3(b). EPA estimates that this burden will reduce as more and more general permits and program reports are switched from paper to electronic reporting.
NEED FOR AND USE OF THE COLLECTION
Need/Authority for the Collection
Need for the Collection
EPA published the National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule ("NPDES eRule") on 22 October 2015. The 2015 rule required EPA and states to modernize Clean Water Act (CWA) reporting for municipalities, industries and other facilities. That rule replaced most paper-based NPDES reporting requirements with electronic reporting.
Congress and the public expect environmental program managers at every level of government  -  local, state, tribal, territorial, and federal  -  to design and implement programs that deliver environmental results. To target the most important pollution problems and most serious noncompliance, better ensure environmental protection and public health, and enable more integrated program assessment and planning at the national level, data used by EPA and authorized NPDES programs should have the following characteristics:
    The data should be current;
    The data should generally be comparable in format, reporting units, frequency, etc;
    The data should be complete; and
    The data should be made available so that the basis for EPA program evaluation and subsequent planning is transparent and reproducible.

The proposed rule would extend the NPDES eRule Phase 2 implementation period and provide for additional flexibility for authorized NPDES programs. The overall impact of these proposed changes would allow states to more efficiently implement the NPDES eRule. EPA proposes postponing the compliance date for Phase 2 implementation by three years (from December 21, 2020 to December 21, 2021) and providing states with additional flexibility to request even more time as needed. Under the proposed rule, authorized NPDES programs can submit an alternative Phase 2 compliance deadlines request to EPA for review and approval or rejection. This ICR covers the burden associated with the process for authorized NPDES programs to request additional time from EPA as needed for Phase 2 implementation.
Finally, this ICR covers the burden associated with authorized NPDES programs sharing basic information with EPA about their Phase 2 implementation of the NPDES eRule. Under the NPDES eRule authorized NPDES programs must share basic information with EPA regarding their general permits and program reports so that EPA can assess the corresponding electronic reporting participation rates [see 40 CFR 127.26(j)]. This ICR covers the burden associated with creating a complete inventory of NPDES general permits and program reports and the related electronic reporting tools. This inventory will help ensure that EPA has nationally consistent, complete, accurate, and timely information on general permits and program reports and the related electronic reporting tools so that it can accurately tracking Phase 2 implementation of the NPDES eRule. This information sharing will help EPA, authorized NPDES programs, and NPDES-regulated entities identify progress in implementing the NPDES eRule. With the implementation of this information collection activity, NPDES-regulated entities would be able to ensure that they are fully aware of the compliance dates and electronic reporting tools for their reporting obligations.

Authority for the Collection
The Clean Water Act (CWA) establishes a comprehensive program for protecting and restoring our nation's waters. The National Pollutant Discharge Elimination System (NPDES) permit program was established by the CWA to authorize and control the discharges of pollutants to waters of the United States (CWA Section 402(a)). This information collection activity flows from the NPDES Electronic Reporting Rule (see October 22, 2015; 80 FR 64064), which is intended to reduce the burden associated with the existing paper-based reporting system. Echoing the goals of CWA section 101(f), the rule would increase the speed, quality and scope of information received by EPA, authorized NPDES programs, and the public.
EPA is taking this action pursuant to CWA sections 101(f), 304(i), 308, 402, and 501:
 Section 101(f) encourages, to the extent possible, the minimization of paperwork and interagency decision procedures and the best use of available manpower and funds, so as to prevent needless duplication and unnecessary delays at all levels of government.
 Section 304(i) authorizes EPA to establish minimum procedural and other elements of State programs under section 402, including reporting requirements and procedures to make information available to the public.
 Section 308 authorizes EPA to require the submittal of information needed to carry out the objectives of the Act, including sections 301, 305, 306, 307, 311, 402, 404, 405, and 504.
 Sections 402(b) and (c) establish the NPDES permit program for the control of the discharge of pollutants into the nation's waters, and require each authorized state, tribe, or territory to ensure that permits meet certain substantive requirements, and to provide EPA information from point sources, industrial users, and the authorized program in order to ensure proper oversight by EPA.
 Section 501 authorizes EPA to prescribe such regulations as are necessary to carry out provisions of the act.

Practical Utility/Users of the Data
EPA has primary responsibility for ensuring the CWA's NPDES program is effectively and consistently implemented nationwide, thus ensuring that public health and environmental protection goals of the CWA are met. EPA is taking this action pursuant to CWA sections 101(f), 304(i), 308, 402, and 501. The accurate, complete, and timely information collected under this ICR will help EPA and states more efficiently implement the 2015 NPDES eRule. The improved information sharing would increase transparency and accountability and help EPA and authorized NPDES programs collaborate and measure progress in implementing the 2015 NPDES eRule. This information collection would provide EPA with more timely, consistent, and accurate inventory of all general permits and program reports, the number of facilities that must electronically submit reports, and the online location of state electronic reporting tools.
Receiving current high-level data on general permits and program reports is critical to EPA's ability to oversee and manage authorized NPDES programs. Authorizing the burden under this ICR will allow EPA to provide timely assistance to authorized NPDES programs as they implementation the NPDES eRule. The general permits and program reports inventory will help promote efficiencies in NPDES eRule implementation as states will be able to use this information to identify other states that have already developed electronic reporting tools. Additionally, with the implementation of this information collection activity, NPDES-regulated entities would be able to ensure that they are fully aware of the compliance dates and electronic reporting tools for their reporting obligations.
NON-DUPLICATION, CONSULTATIONS AND OTHER COLLECTION CRITERIA
Non-Duplication
This ICR covers a new provision in the NPDES eRule that allows authorized NPDES programs to request an alternative Phase 2 compliance deadline for specific facilities, general permits, program reports, or data elements. This ICR covers the burden associated with the alternative Phase 2 compliance deadlines requests and is not duplicated in any other ICR or NPDES regulation. This ICR also covers the information sharing between authorized NPDES programs and EPA to compile and maintain key information related to the general permits and program reports that must switch to electronic reporting. This data collection is non-duplicative as these data are not collected elsewhere.
Public Notice Required Prior to ICR Submission to OMB
This ICR will be made available to the public for comment concurrent with the proposed rule published in the Federal Register. Responses to comments will be considered in developing the final rulemaking.
Consultations
EPA has held many consultations with authorized NPDES program during the implementation of this final rule. The authorized NPDES programs recommended that EPA extend the Phase 2 compliance date and include more implementation flexibility in implementation. EPA has organized these consultations around the NPDES sectors [e.g., biosolids, stormwater, pretreatment) and other major topics (e.g., data exchange, development of general permits and program reports in EPA's NPDES Electronic Report Tool (or "NeT"), NPDES Noncompliance Report development]. These consultations were usually held on a bi-weekly schedule and involved most of the authorized NPDES programs. Additionally, EPA held two meetings with Association of Clean Water Administrators (ACWA) and several authorized NPDES programs to review the major aspects of the proposed rule associated with this ICR.
Effects of Less Frequent Collection
EPA recognizes the importance of balancing the need for data collection efforts against burden and costs to the respondents. EPA has already seen cost saving benefits in implementing the 2015 NPDES eRule. This included savings for regulated entities, states, and EPA through the elimination of requirements associated with mailing and processing paper reports.
Less frequent reporting would make it more difficult for EPA to perform its oversight role on NPDES eRule Phase 2 implementation, hamper its ability to effectively provide guidance to state programs, severely limit its ability to provide meaningful review and comment on the alternative Phase 2 compliance deadlines requests for general permits and program reports. Less frequent reporting would impair EPA's ability to have a nationally consistent, complete, accurate, and timely information on general permits and program reports and the related electronic reporting tools.
Finally, this ICR does not alter the reporting frequencies associated with the NPDES program (see OMB Control No. 2040-0004). The effects of less frequent collection of NPDES data are discussed in this approved ICR.
General Guidelines
This information collection is consistent with the requirements of the Paperwork Reduction Act (PRA), Office of Management and Budget (OMB) implementing regulations (5 CFR 1320.6), and OMB Guidance.
Confidentiality
None of the information collected under this ICR is confidential business information (CBI), enforcement sensitive, or contain personally identifiable information.
Sensitive Questions
The requirements addressed in this ICR do not include sensitive questions. Sensitive questions are defined in EPA's ICR Handbook, Guide to Writing Information Collection Requests Under the Paperwork Reduction Act of 1995 as "questions concerning sexual behavior or attitudes, religious beliefs, or other matters usually considered private."  The information addressed in this ICR is generally related to due dates for general permits and program reports and related electronic reporting tools. Under this ICR there is no information collected on individuals.
THE RESPONDENTS AND THE INFORMATION REQUESTED
Respondents/ North American Industry Classification System (NAICS) Codes
The reporting requirements associated with this information collection activity would apply to EPA and state authorized NPDES programs.
EPA issues NPDES permits except where a state demonstrates that it has adequate legal, technical, and financial capabilities in place to administer the NPDES program. To date, 47 states and one U.S. territory are authorized by EPA to administer the NPDES program, or parts of it. EPA is the authorized NPDES program for the entire program in the other 3 states and all tribes and the remaining territories. EPA is also the authorized NPDES program for any subprogram for which authorized states have declined to assume responsibility, and for certain national subprograms such as vessels. The authorized states and territories are considered respondents for evaluating paperwork burden in this ICR.
Information Requested
Data Items, Including Recordkeeping Requirements
EPA is proposing to postpone the compliance date for Phase 2 implementation by three years (from December 21, 2020, to December 21, 2023) and to provide states with additional flexibility to request even more time as needed. The proposed new regulatory provision [40 CFR 127.24(e)] would allow authorized NPDES programs to request even more time to implement Phase 2 of the NPDES eRule beyond December 21, 2023. This ICR covers the burden associated with the submission of alternative Phase 2 compliance deadlines requests from authorized NPDES programs and EPA's review and determination.
Under this provision authorized NPDES program would send a request for EPA to review and determination. This request would identify the facilities, general permits, program reports, or data elements for which the authorized NPDES program needs additional time beyond December 21, 2023. A waiver request submission can cover one or more general permits and program reports. For example, under this option a state could seek approval from the EPA to postpone implementation of electronic reporting for a NPDES general permit until some agreed upon time after December 21, 2023, but no later than December 21, 2026. This waiver might be helpful if a state has a permit or program report that is a lower priority for electronic reporting (e.g., a general permit that provides coverage for 10 or fewer NPDES-regulated entities).
The alternative Phase 2 compliance deadlines request must:
 be submitted to EPA by the Director, as defined in 40 CFR 122.2;
 identify each general permit, program report, and related data elements covered by the request and the corresponding alternative Phase 2 compliance deadlines;
 identify each facility covered by the request and the corresponding alternative Phase 2 compliance deadlines (Note: This only applies if the request covers some but not all facilities with the general permit or program report requirement);
 be submitted at least 120 days prior to the compliance dates in Table 1 to 40 CFR 127.16 or a previously EPA approved alternative Phase 2 compliance deadline; and
 provide a rationale for the delay and enough details (e.g., tasks, milestones, roles and responsibilities, necessary resources) to clearly describe how the program will successfully implement electronic reporting for general permit, program report, and related data element covered by the request.
EPA will review each alternative Phase 2 compliance deadline request and approve or reject the request within 120 days. EPA will provide notice to the authorized NPDES program. The authorized NPDES program may re-apply if the initial request is rejected by EPA. EPA will update its website with each alternative Phase 2 compliance deadline and the corresponding Agency approval or rejection notice. EPA will provide updated information at: https://www.epa.gov/compliance/npdes-ereporting. EPA will update its website to clearly identify the approved alternative Phase 2 compliance deadline for each facility, general permit report, program report, and related data element by authorized NPDES program.
EPA and states also need to share information to create a common and complete inventory of general permits and program reports and related electronic reporting tools. This inventory will help promote efficiencies in NPDES eRule implementation. Under the NPDES eRule authorized NPDES programs must share basic information with EPA regarding their general permits and program reports so that EPA can assess the corresponding electronic reporting participation rates [see 40 CFR 127.26(j)]. This ICR covers the burden associated with the authorized NPDES program providing information to EPA to compile and maintain this inventory of general permits and program reports and related electronic reporting tools. The general permit data to be shared with EPA includes:

 NPDES General Permit ID
 State
 NPDES General Permit Name
 Link to NPDES General Permit (URL)
 Link to Electronic Reporting Tool (URL)
 Electronic Reporting Tool Initial Deployment Date
 General Permit Issued Date
 General Permit Effective Date
 General Permit Expired Date
 Estimate Number of General Permit Covered Facilities
 EPA Issued General Permit
 General Permit will use EPA's NPDES Electronic Reporting Tool (or "NeT")
 General Permit Requires DMR Submissions
 General Permit Requires Program Report
 Industrial Category
 General Permit Requires NOI Submission
 Timing of General Permit NOI Submissions
 General Permit Will Be Renewed

The program report data to be shared with EPA includes:

 State
 Program Report Type
 Link to Electronic Reporting Tool (URL)
 Electronic Reporting Tool Initial Deployment Date
 Estimate Number of Program Report Filers
 EPA Issued Program Report
 Program Report will use EPA's NPDES Electronic Reporting Tool (or "NeT")

Authorized NPDES programs will share these data with EPA as their general permits and program reports and the related electronic reporting tools are updated or deployed. Authorized NPDES programs will also annually review and update EPA's inventory of general permits and program reports and the related electronic reporting tools. EPA will make these data available to authorized NPDES programs and NPDES-regulated entities for review through an easy to use online dashboard. EPA will also supplement these data with the "Electronic Reporting Deadline" for each general permit and program report. This will provide a single source of information on "who" needs to report, "what" reports must be submitted electronically, "when" these reports must be electronically submitted, and the location of the electronic reporting tool (i.e., the "where").

Respondent Activities
State authorized NPDES programs would need to complete the following activities:
 Authorized NPDES programs will need to email a waiver request to EPA when they are seeking an alternative Phase 2 compliance deadline for general permits or program reports. This will involve complete a two- or three-page memorandum or form with information listed above so that EPA can make an informed decision on whether to approve or deny the request. This request should be submitted at least 120 days prior to the compliance dates in Table 1 to 40 CFR 127.16 or a previously EPA approved alternative Phase 2 compliance deadline. A waiver request submission can cover one or more general permits and program reports.
 Authorized NPDES programs will need to send an email to EPA with the information listed above as they update or deploy their general permits and program reports and the related electronic reporting tools. These updates should be timely in that the authorized NPDES program sends an email to EPA within 40 days of the completed activity. EPA may also create an online form for authorized NPDES programs to submit these data.
 Authorized NPDES programs will need to annually review EPA's inventory of general permits and program reports and the related electronic reporting tools. Authorized NPDES programs will summarize this review in an email to EPA. This email will confirm that EPA's inventory is complete and accurate as well as identify any necessary changes. EPA may also create an online form for authorized NPDES programs to submit these data.

THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION METHODOLOGY AND INFORMATION MANAGEMENT
Agency Activities
EPA will review each alternative Phase 2 compliance deadline request and approve or reject the request within 120 days. EPA will provide notice to the authorized NPDES program. The authorized NPDES program may re-apply if the initial request is rejected by EPA. EPA will update its website with each alternative Phase 2 compliance deadline request and the corresponding Agency approval or rejection notice. EPA will provide updated information at: https://www.epa.gov/compliance/npdes-ereporting. EPA will update its website to clearly identify the approved alternative Phase 2 compliance deadlines for each facility, general permit report, program report, and related data element by authorized NPDES program.
EPA will also update its online inventory of general permits and program reports and the related electronic reporting tools to make sure that it is nationally consistent, complete, accurate, and updated as new information is shared with EPA. EPA will update its website to provide the inventory through an easy to use online dashboard and make the dashboard available to authorized NPDES programs and NPDES-regulated entities.
Collection Methodology and Management
Authorized NPDES programs will need to submit a waiver request when they are seeking an alternative Phase 2 compliance deadline for general permits or program reports. This will involve complete a two- or three-page memorandum or form with information listed above so that EPA can make an informed decision on whether to approve or deny the request. This memorandum or form will be email to EPA (NPDESeReporting@epa.gov).
Authorized NPDES programs will need to provide updates to EPA's inventory of general permits and program and the related electronic reporting tools by sending an email to EPA (NPDESeReporting@epa.gov). Authorized NPDES programs will also need to annually confirm through a memorandum or form that the EPA's inventory of general permits and program reports and the related electronic reporting tools are accurate and complete.
Small Entity Flexibility
Authorized NPDES programs would also incur costs during the period of this ICR, but by definition are not considered to be small entities.
Collection Schedule
This ICR covers only those activities that occur within the first three years after the effective date of the proposed rule. The analysis makes a conservative assumption regarding the number of authorized NPDES program that will need to submit an alternative Phase 2 compliance deadline request. Specifically, the analysis assumes that one third of the 47 authorized NPDES program that have elected to build one or more electronic reporting tools (approximately 15 programs) will need to complete an alternative Phase 2 compliance deadline request within the time period covered by this ICR. This estimate does not account for the state-electronic reporting tools that are already deployed (i.e., no alternative Phase 2 compliance deadline needed).
Additionally, all 48 programs will need to submit general permits and program report data to EPA on a regular basis (within 40 days of completed activity) and annually confirm its accuracy.
ESTIMATING THE BURDEN AND COST OF THE COLLECTION
This section presents the burden and cost estimates associated with the proposed rule associated with this ICR. EPA estimates that approximately 48 respondents would annually incur paperwork-related burden following promulgation of the rule. This number is based on the number of NPDES authorized NPDES programs.
Estimating Total Respondent Burden
EPA estimates that state authorized NPDES programs would incur additional burden in carrying out the additional activities required by the rule. Specifically, they would incur burden to:
 Prepare and send a waiver request to EPA when they are seeking an alternative Phase 2 compliance deadline for general permits or program reports. This will involve complete a two- or three-page memorandum or form with information listed above so that EPA can make an informed decision on whether to approve or deny the request. This request should be submitted at least 120 days prior to the compliance dates in Table 1 to 40 CFR 127.16 or a previously EPA approved alternative Phase 2 compliance deadline.
 Prepare and send basic information to EPA as they update or deploy their general permits and program reports and the related electronic reporting tools. These updates should be timely in that the authorized NPDES program sends an email to EPA within 40 days of the completed activity. EPA may also create an online form for authorized NPDES programs to submit these data.
 Annually review EPA's inventory of general permits and program reports and the related electronic reporting tools. Authorized NPDES programs will summarize this review in an email to EPA. This email will confirm that EPA's inventory is complete and accurate as well as identify any necessary changes. EPA may also create an online form for authorized NPDES programs to submit these data.

 The sections below identify the assumptions used to estimate the burden associated with those activities that occur during the ICR period. Under the NPDES eRule Authorized NPDES programs can elect to use EPA's NPDES Electronic Reporting Tool (or "NeT") or build their own electronic reporting tools. This ICR uses the following terms to estimate the burden associated with the proposed rule. In total there are 932 NPDES general permits and 409 program reports. EPA administers the entire NPDES program in three states (e.g., Massachusetts, New Hampshire, and New Mexico), all tribal lands and territories except for the US. Virgin Islands, and parts of the NPDES program in other states (e.g., pretreatment program for PA) as well as tribal lands and territories. The U.S. Virgin Islands has elected to use NeT for all of their general permits and program reports. The remaining 47 states authorized for the core NPDES program have elected to build electronic reporting tools for one or more of their general permits or program reports. The following are the counts of general permits and program reports by issuer and planned usage status for NeT.

                           NPDES General Permit Count

                                 Issuing Agency
        Usage of EPA's NPDES Electronic Reporting Tool (or "NeT")
       No usage of EPA's NPDES Electronic Reporting Tool (or "NeT")
                                     State
                                       80
                                      681
                                    U.S. EPA
                                      160
                                       11
                                   Subtotal:
                                      240
                                      692

                           NPDES Program Report Count

                                 Issuing Agency
        Usage of EPA's NPDES Electronic Reporting Tool (or "NeT")
       No usage of EPA's NPDES Electronic Reporting Tool (or "NeT")
                                     State
                                       49
                                      220
                                    U.S. EPA
                                      104
                                       36
                                   Subtotal:
                                      153
                                      256

Implementation costs for authorized NPDES programs will vary depending on whether the authorized NPDES program is planning on deploying an electronic reporting tool for a general permit or program report. Under the proposed rule accompanying this ICR the 47 states that have elect to build their own electronic reporting tools may re	quest additional time for implementation. These states will need to submit an alternative Phase 2 compliance deadline request to EPA for review and determination. EPA estimates that one third of the 47 authorized NPDES program that have elected to build one or more electronic reporting tools (approximately 15 programs) will need to complete an alternative Phase 2 compliance deadline request within the three-year period covered by this ICR. EPA estimates that each waiver review will require 16 hours to prepare and send to EPA. This results in total burden of 240 hours during the three-year period covered by this ICR.
All 48 authorized NPDES programs (47 states and U.S. Virgin Islands) will need to email to EPA with the information listed above as they update or deploy their general permits and program reports and the related electronic reporting tools. These updates should be timely in that the authorized NPDES program sends an email to EPA within 40 days of the completed activity. EPA estimates that there are 726 state-issued general permits based on information previously submitted by EPA Regions and states. Under the Clean Water Act, EPA and states, territories, or tribes with authorized NPDES programs issue NPDES permits with terms no longer than five years. See 33 U.S.C. §1342(b)(1)(B). Authorized NPDES programs may have different schedules for permit applications, but their schedules may be no less stringent than the federal deadlines. Using a five-year renewal frequency, this means that on average states are re-issuing 145 general permits each year. Using a conservative costing methodology, this ICR assumes that twelve of the 48 authorized programs will each renew a general permit in any given month of the year and provide an update to EPA within 40 days. This is an overestimate of the burden as most states do not have more than 12 general permits. This means that EPA is expecting to receive 12 updates on general permits renewals each month. EPA estimates that updated information on general permit and program report electronic reporting tools can be submitted with these monthly updates as deployment of these tools are one-time events. EPA estimates that these will be monthly updates and each update will take 1 hour to prepare and send to EPA. This results in an annual burden of 144 hours and a total burden of 432 hours during the three-year period covered by this ICR.
All 48 authorized NPDES programs will also need to annually review EPA's inventory of general permits and program reports and the related electronic reporting tools. Authorized NPDES programs will summarize this review in an email to EPA. This email will confirm that EPA's inventory is complete and accurate as well as identify any necessary changes. EPA estimates that these will be monthly updates and each update will take 4 hours to prepare and send to EPA. This results in an annual burden of 192 hours and a total burden of 576 hours during the three-year period covered by this ICR.
Because EPA does not have independent estimates of the comparable system costs for each state, tribe, and territory, EPA's estimate of the burden for those NPDES-authorized programs is 1,248 hours during the three-year period covered by this ICR. This equates to an annual average total burden of approximately 9 hours per authorized NPDES program.
Total Respondent Costs
To estimate the total respondent costs, EPA multiplies the burden estimates derived in Section 6(a) by the labor rate costs. This analysis uses State and local government workers wages in the "Management, professional, and related" category from the Bureau of Labor Statistics (June 2019). The total compensation is $61.10 per hour.

        Table 1: Estimate of Burden Costs to Authorized NPDES Programs
                           Activity Covered This ICR
            Total Burden Over Three-Year Period Covered by this ICR
                             BLS Hourly Wage Rate
             Total Cost Over Three-Year Period Covered by this ICR
Alternate Compliance Date for General Permit and Program Report
                                      240
                                    $61.10
                                    $14,664
Monthly Updates of General Permit and Program Report Information
                                      432
                                    $61.10
                                    $26,395
Annual Review of General Permit and Program Report Information
                                      576
                                    $61.10
                                    $35,194
                                                                         TOTAL:
                                     1,248

                                    $76,253

The annual burden for all authorized EPA programs is 416 hours (= 1,248 / 3) with an associated annual cost of $25,418 (= $76,253 / 3). The Average Annual Incremental Burden per Authorized NPDES program is approximately 8.7 hours [= 1,248 / (48 * 3)] and the Average Annual Incremental Cost per Authorized NPDES program is approximately $530 [= $76,253 / (48 * 3)].

Estimating Agency Burden and Cost
EPA Headquarters and EPA Regions would incur burden and cost associated with the proposed rule associated with this ICR. When calculating the Agency cost, EPA uses the loaded hourly costs for government workers shown in Table 1.
EPA Headquarters
EPA Headquarters is responsible for the following activities:

Reviewing alternative Phase 2 compliance deadline requests and making determinations; and
Updating the inventory of EPA Regional and state-issued general permits and program reports and related electronic reporting tools.

The sections below discuss the burden associated with each of these activities.

EPA will review each alternative Phase 2 compliance deadline request and approve or reject the request within 120 days. These requests will only come from state that have elected to build their own electronic reporting tools and will not come from NeT-States or EPA Regions. EPA will provide notice to the authorized NPDES program. The authorized NPDES program may re-apply if the initial request is rejected by EPA. EPA will update its website with each alternative Phase 2 compliance deadline request and the corresponding Agency approval or rejection notice. EPA will provide updated information at: https://www.epa.gov/compliance/npdes-ereporting. EPA will update its website to clearly identify the approved alternative Phase 2 compliance deadline for each facility, general permit report, program report, and related data element by authorized NPDES program. EPA estimates that the review and approval or rejection of each alternative Phase 2 compliance deadline request is 16 hours per response. This results in total burden of 240 hours during the three-year period covered by this ICR.

EPA will also update its inventory of general permits and program reports and the related electronic reporting tools to make sure that it is nationally consistent, complete, accurate, and updated as new information is shared with EPA. EPA will update its website to provide the inventory through an easy to use dashboard and make the dashboard available to authorized NPDES programs and NPDES-regulated entities. EPA estimates that this will take approximately 4 hours each month. This results in an overall total of 144 hours during the three-year period covered by this ICR.
EPA update its inventory of general permits and program reports and the related electronic reporting tools to make sure that it is nationally consistent, complete, accurate, and updated through the annual state verifications. EPA estimates that this will take approximately 16 hours each year. This results in an overall total of 48 hours during the three-year period covered by this ICR.

             Table 2: Estimate of Burden Costs to EPA Headquarters
                           Activity Covered This ICR
            Total Burden Over Three-Year Period Covered by this ICR
                             BLS Hourly Wage Rate
             Total Cost Over Three-Year Period Covered by this ICR
Alternate Compliance Date for General Permit and Program Report
                                      240
                                    $61.10
                                    $14,664
Monthly Updates of General Permit and Program Report Information
                                      144
                                    $61.10
                                    $26,395
Annual Review of General Permit and Program Report Information
                                      48
                                    $61.10
                                    $35,194
                                                                         TOTAL:
                                      432

                                    $26,395

EPA Regions
Where EPA Regions are the permitting authority, they would incur costs similar to those incurred by authorized state programs (discussed in Section 6(a) above). Specifically, they would incur costs for the following activities:
 Prepare and send basic information to EPA as they update general permits. These updates should be timely in that the authorized NPDES program sends an email to EPA within 40 days of the completed activity.
 Annually review EPA's inventory of general permits and program reports. Authorized NPDES programs will summarize this review in an email to EPA Headquarters. This email will confirm that EPA's inventory is complete and accurate as well as identify any necessary changes.
The sections below discuss the burden associated with each of these activities.

EPA Regions will need to would modify permits for regulated entities in states where the EPA Region is the permitting authority to require electronic reporting (and, where applicable, remove language that explicitly requires paper reporting). EPA estimates that there are seven EPA Regions with 43 general permits (EPA Region 1, 2, 4, 6, 8, 9, and 10). Using a five-year renewal frequency, this means that EPA Regions are re-issuing approximately 9 general permits each year. EPA estimates that these will be monthly updates and each update will take 1 hour to prepare and send to EPA Headquarters. This results in an annual burden of 9 hours and a total burden of 27 hours during the three-year period covered by this ICR.
The seven EPA Regions will need to annual verify EPA's inventory of general permits and program reports and sending this information to EPA. EPA estimates that this annual review will take 4 hours to prepare and send to EPA Headquarters. This results in an annual burden of 28 hours and a total burden of 84 hours during the three-year period covered by this ICR.

               Table 3: Estimate of Burden Costs to EPA Regions
                           Activity Covered This ICR
            Total Burden Over Three-Year Period Covered by this ICR
                             BLS Hourly Wage Rate
             Total Cost Over Three-Year Period Covered by this ICR
Alternate Compliance Date for General Permit and Program Report
                                      N/A
                                      N/A
                                      N/A
Monthly Updates of General Permit and Program Report Information
                                      27
                                    $61.10
                                    $1,650
Annual Review of General Permit and Program Report Information
                                      84
                                    $61.10
                                     5,132
                                                                         TOTAL:
                                      111

                                    $6,782

Estimating the Respondent Universe
The respondent universe is comprised of authorized state programs. As previously noted, 47 states and one U.S. territory are authorized by EPA to administer some or all the NPDES program. EPA estimates that there are seven EPA Regions with 43 general permits (EPA Region 1, 2, 4, 6, 8, 9, and 10).
Bottom Line Burden Hours and Cost Tables
The incremental burden and cost to authorized NPDES programs is presented in Table 1.

The Agency Tally
The incremental burden and cost to EPA is presented in Tables 1 and 2.

Reasons for Change in Burden
Receiving current high-level data on general permits and program reports is critical to EPA's ability to oversee and manage authorized NPDES programs. Authorizing the burden under this ICR will allow EPA to provide timely assistance to authorized NPDES programs as they implementation the NPDES eRule. The general permits and program reports inventory will help promote efficiencies in NPDES eRule implementation as states will be able to use this information to identify other states that have already developed electronic reporting tools. Additionally, with the implementation of this information collection activity, NPDES-regulated entities would be able to ensure that they are fully aware of the Phase 2 compliance deadlines and the electronic reporting tools for their reporting obligations.
Burden Statement
The calculations made for this ICR cover the burden and costs for authorized EPA programs, EPA Regions, and EPA Headquarters. Burden for authorized EPA programs is 416 hours annually for 48 state respondents at a cost of $25,418. The average annual burden per respondent is 8.7 hours per state. Agency burden is 181 hours annually at a net cost increase of $11,059.
Burden means the total time, effort, or financial resources expended by persons to generate, maintain, 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 existing ways to comply with any previously applicable instructions and requirements;
 Train personnel to be able to respond to a collection of information;
 Search data sources;
 Complete and review the collection of information; and
 Transmit or otherwise disclose 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.
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 Number EPA-HQ-OECA-2009-0274, which is available for online viewing at www.regulations.gov, or in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. 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<PHONE_NUMBER>, and the telephone number for the OECA Docket is<PHONE_NUMBER>. 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. When in the system, select "search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OECA-2019-0408 and OMB Control Number 2020-NEW in any correspondence.
Attachment 1  -  Draft State NPDES eRule Phase 2 Alternative Phase 2 Compliance
                               Deadline Request

                          STATE NPDES ERULE PHASE 2
                ALTERNATIVE PHASE 2 COMPLIANCE DEADLINE REQUEST

                          FORM OMB APPROVED 2020-NEW
                                 EXP. MM/YYYY
                               FOR EPA USE ONLY

                                [Date Received]

Director Information

Director Email Address
Director Telephone Number

ALTERNATIVE PHASE 2 COMPLIANCE DEADLINE REQUEST SUPPORTING INFORMATION
INSTRUCTIONS: Identify each general permit, program report, and/or related data elements covered by the request and the corresponding alternative Phase 2 compliance deadline(s).

Provide a rationale for the delay and enough details (e.g., tasks, milestones, roles and responsibilities, necessary resources) to clearly describe how the program will successfully implement electronic reporting for general permit, program report, and/or related data element covered by the request.

If the request covers some but not all facilities subject to the general permit or program report requirement use this form to identify each facility covered by the request and the corresponding alternative Phase 2 compliance deadline(s).

                      (Attach additional pages if needed)

SIGNATURE
SCAN TO PDF AND RETURN COMPLETED APPLICATION TO:

<EMAIL_ADDRESS>Director Printed Name

Signature
Date

Attachment 2  -  NPDES General Permit and Program Report Inventory Update Form

                                     NPDES
           GENERAL PERMIT AND PROGRAM REPORT INVENTORY UPDATE FORM

                          FORM OMB APPROVED 2020-NEW
                                 EXP. MM/YYYY
                               FOR EPA USE ONLY

                     [Date Received  -  SYSTEM GENERATED]

NPDES General Permit Inventory Update

NPDES General Permit ID
(Note: This is the unique identifier for the NPDES general permit, not the NPDES ID of the general permit covered facilities.)
State
(Note: This is the state where the NPDES general permit provides permit coverage.)
NPDES General Permit Name

Link to NPDES General Permit (URL)
(if available)
Link to Electronic Reporting Tool (URL)
(if available)
Electronic Reporting Tool Initial Deployment Date
(if available)
General Permit Issued Date

General Permit Effective Date

General Permit Expired Date

Estimate Number of General Permit Covered Facilities

EPA Issued General Permit
(Yes/No)
General Permit will use EPA's NPDES Electronic Reporting Tool (or "NeT")
(Yes/No)
General Permit Requires DMR Submissions
(Yes/No)
General Permit Requires Program Report
(Yes/No)

(Note: The list of program reports is found in Table 1, Appendix A to 40 CFR part 127.)
Industrial Category

General Permit Requires NOI Submission
(Yes/No)
Timing of General Permit NOI Submissions
(NOI Submissions Mostly Made Upon General Permit Renewal, NOI Submissions Made Throughout General Permit Term, Not Applicable)
General Permit Will Be Renewed
(Yes/No)
                      (Attach additional pages if needed)

NPDES Program Report Inventory Update

State
(Note: This is the state of the NPDES program report filers.)
Program Report Type
(Note: The list of program reports is found in Table 1, Appendix A to 40 CFR part 127.)
Link to Electronic Reporting Tool (URL)
(if available)
Electronic Reporting Tool Initial Deployment Date
(if available)
Estimate Number of Program Report Filers

EPA Issued Program Report
(Yes/No)
Program Report will use EPA's NPDES Electronic Reporting Tool (or "NeT")
(Yes/No)
                      (Attach additional pages if needed)

HOW TO SUBMIT: Please report this information electronically using the instructions at: https://www.epa.gov/compliance/npdes-ereporting


[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Rules and Regulations]
[Pages 34316-34318]
[FR Doc No: 2015-14797]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0317]
RIN 1625-AA00

Safety Zone, Indian River Bay; Millsboro, Delaware

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Indian River Bay adjacent to Millsboro, Delaware. The safety
zone will restrict vessel traffic in Indian River Bay within a 200 foot
radius of a fireworks barge. This safety zone is necessary to protect
the surrounding public and vessels from the hazards associated with a
fireworks display.

DATES: This safety zone is effective without actual notice from June
16, 2015, until July 5, 2015. For the purposes of enforcement, actual
notice will be used from May 23, 2015 until June 16, 2015. It will be
enforced on May 23 and July 4, 2015 with rain dates of May 24 and July
5, respectively, from 8:45 p.m. (EST) to 10:15 p.m. (EST), unless
cancelled earlier by the Captain of the Port.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0317]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email. If you have questions on this temporary rule, call or
email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware
Bay, Chief Waterways Management Division, Coast Guard; telephone (215)
271-4851, email<EMAIL_ADDRESS>If you have questions on
viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
    Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause
exists for not publishing a notice of proposed rulemaking (NPRM) with
respect to this rule because a safety zone is in the public interest in
that the final details for this event were not received by the Coast
Guard until April 20, 2015, and the first event is scheduled for May
23, 2015. Further, allowing this event to go forward without a safety
zone in place would expose mariners and the public to unnecessary
dangers associated with fireworks displays.
    For similar reasons, under 5 U.S.C. 553(d)(3), the Coast Guard
finds that good cause exists for making this rule effective less than
30 days after publication in the Federal Register.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
    On May 23 and July 4, 2015, with rain dates of May 24 and July 5,
2015, fireworks will be launched from a barge with a fall out zone that
covers part of Indian River Bay near Millsboro, Delaware. The purpose
of the rule is to promote public and maritime safety during a fireworks
display, and to protect mariners transiting the area from the potential
hazards associated with a fireworks display, such as accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris.

C. Discussion of the Final Rule

    To mitigate the risks associated with a fireworks display, the
Captain of the Port, Delaware Bay will establish a temporary safety
zone on the Indian River Bay, near Millsboro, Delaware. The safety zone
will encompass all waters of Indian River Bay, within a 200 foot radius
of the fireworks barge in approximate position 38-36.58 N., 075-09.00
W., adjacent to Millsboro, Delaware. The safety zone will be enforced
from 8:45 p.m. to 10:15 p.m. on May 23 and July 4, 2015, unless
cancelled earlier by the Captain of the Port. Should inclement weather
require cancellation of the fireworks display on the above scheduled
dates, the safety zone will be enforced from 8:45 p.m. to 10:15 p.m. on
May 24 and July 5, 2015, respectively.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Delaware Bay,
or her designated representative. The Captain of the Port, Delaware
Bay, or her representative may be contacted via VHF channel 16 or at
215-271-4807.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. Although this regulation
will restrict access to the regulated area, the effect of this rule
will not be significant because: (i) The Coast Guard will make
extensive notification of the Safety Zone to the maritime public via
maritime advisories so mariners can alter their plans accordingly; (ii)
entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Delaware Bay;
(iii) this rule will be enforced for only the duration of the fireworks
display, and (iv) the size and duration of the zone are relatively
limited in scope.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to anchor or transit along a portion of Indian River Bay,
adjacent to Millsboro, Delaware, on May 23 and July 4, 2015, with rain
dates of May 24 and July 5, 2015, from 8:45 p.m. to 10:15 p.m., unless
cancelled earlier by the Captain of the Port.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reason: The
safety zone is limited in size and duration. Sector Delaware Bay will
issue maritime advisories widely available to users of the Indian River
Bay.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves implementation of regulations within 33
CFR part 165, applicable to safety zones on the navigable waterways.
This zone will temporarily restrict vessel traffic from anchoring or
transiting a portion of Indian River Bay near Millsboro, Delaware in
order to protect the safety of life and property on the waters while a
firework display is conducted. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add temporary Sec.  165.T05-0317, to read as follows:

Sec.  165.T05-0317  Safety Zone, Indian River Bay; Millsboro, DE.

    (a) Regulated Area. The following area is a safety zone: All waters
of Indian River Bay within a 200 foot radius of a fireworks barge
located approximately at position 38-36.58N, 075-09.00W near Millsboro,
Delaware.
    (b) Regulations. The general safety zone regulations found in 33
CFR 165.23 apply to the safety zone created by this section (Sec.
165.T05-0317).
    (1) All persons and vessels are prohibited from entering this zone,
except as authorized by the Coast Guard Captain of the Port or her
designated representative.
    (2) This section applies to all vessels wishing to transit through
the safety zone except vessels that are engaged in the following
operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation, and
    (iii) Emergency response vessels.
    (3) No person or vessel may enter or remain in a safety zone
without the permission of the Captain of the Port;
    (4) Each person and vessel in a safety zone shall obey any
direction or order of the Captain of the Port;
    (5) No person may board, or take or place any article or thing on
board, any vessel in a safety zone without the permission of the
Captain of the Port; and
    (6) No person may take or place any article or thing upon any
waterfront facility in a safety zone without the permission of the
Captain of the Port.
    (c) Definitions--(1) Captain of the Port means the Commander, Coast
Guard Sector Delaware Bay, or any Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port to act
on her behalf.
    (2) Designated representative means any Coast Guard commissioned,
warrant or petty officer who has been authorized by the Captain of the
Port, Delaware Bay, to assist in enforcing the safety zone described in
paragraph (a) of this section.
    (d) Enforcement. The U.S. Coast Guard may be assisted by Federal,
State, and local agencies in the patrol and enforcement of the zone.
    (e) Enforcement period. This section will be enforced between 8:45
p.m. to 10:15 p.m. on May 23 and July 4, 2015, unless cancelled earlier
by the Captain of the Port. Should inclement weather require
cancellation of the fireworks display on the above scheduled dates, the
safety zone will be enforced between 8:45 p.m. and 10:15 p.m. on May 24
and July 5, 2015, unless cancelled earlier by the Captain of the Port.

    Dated: May 7, 2015.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2015-14797 Filed 6-15-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Pages 11243-11245]
[FR Doc No: 2011-4505]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-RCRA-2011-0185; FRL-9273-7]

Solicitation of Input From Stakeholders To Inform the National
Framework for Electronics Stewardship

AGENCY: Environmental Protection Agency.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA), General Services
Administration (GSA), and Council on Environmental Quality (CEQ) are
requesting written stakeholder input to inform the national framework
for electronics stewardship that is being developed by the Interagency
Task Force on Electronics Stewardship. On November 15, 2010, President
Obama signed a presidential proclamation celebrating the strides the
country has made in recycling, while also highlighting the need for
greater attention on used electronics management throughout the product
lifecycle. CEQ Chair Nancy Sutley established an interagency task force
on November 8, 2010 to provide a national strategy and recommendations
for areas of Federal agency operational and managerial improvement
associated with electronics stewardship. The Task Force is scheduled to
deliver to CEQ a national framework for electronics stewardship by May
6, 2011. By this notice, the Environmental Protection Agency, on behalf
of the Task Force, is soliciting public comment from interested parties
regarding the national framework.

DATES: All comments must be received on or before March 11, 2011.

ADDRESSES: You may submit your comments, identified by EPA-HQ-RCRA-
2011-0185, using one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for
submitting comments. Note, while this request is not a federal
regulation, input on the plan can be submitted through this federal Web
site.
    E-mail: Comments may be sent by electronic mail (e-mail) to
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-RCRA-2011-
0185.
    Mail: Comments may be submitted by mail to: OSWER Docket, Office of
Resource Conservation and Recovery, U.S. Environmental Protection
Agency, Mailcode: 28221T, 1200 Pennsylvania Avenue, NW., Washington, DC
20460, Attention Docket ID No. EPA-HQ-RCRA-2011-0185. Please include a
total of two copies of your comments.
    Hand Delivery: Deliver two copies of your comments to: EPA Docket
Center, Public Reading Room, Room 3334, EPA West Building, 1301
Constitution Avenue, NW., Washington, DC 20460, Attention Docket ID No.
EPA-HQ-RCRA-2011-0185. Such deliveries are only accepted during the
Docket's normal hours of operation (8:30 a.m. to 4:30 p.m.), Monday
through Friday, excluding legal holidays and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-RCRA-
2011-0185. All comments must be in English or be accompanied by an
English translation. EPA's policy is that all comments received will be
included in the docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided. The regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your

comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the
OSWER Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334,
1301 Constitution Avenue, NW., Washington, DC 20460. The Public Meeting
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the OSWER Docket and
the Public Reading Room is<PHONE_NUMBER>. Docket visitors are required
to show photographic identification, pass through a metal detector, and
sign the EPA visitor log. All visitor bags are processed through an X-
ray machine and subject to search. Visitors will be provided an EPA/DC
badge that must be visible at all times in the building and returned
upon departure.

FOR FURTHER INFORMATION CONTACT: Shayla Powell, Resource Conservation
and Sustainability Division (5306P), Office of Resource Conservation
and Recovery, Environmental Protection Agency, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>or visit http://www.epa.gov/wastes/conserve/materials/ecycling/taskforce/.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be interested in providing input if you manufacture,
distribute, sell, label, certify, verify, refurbish, recycle, purchase
or use consumer, commercial, or industrial electronics, or conduct
research in any of these areas. Potentially interested entities may
include, but are not limited to:
     Manufacturing (NAICS code 33).
     Wholesale trade (NAICS code 42).
     Electronics and Appliance Stores (NAICS code 443).
     Consumer Goods Rental (NAICS code 5322).
     Computer System Design and Related Services (NAICS code
5415)
     Waste Management and Remediation Services (NAICS code 562)
     Electronic and Precision Equipment Repair and Maintenance
(NAICS code 8112).
     Public Administration (NAICS code 92).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be interested in this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this applies to certain entities. If you have any questions
regarding the applicability of this action to a particular entity,
consult the technical person listed under FOR FURTHER INFORMATION
CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Submit all comments in English or have them be accompanied by
an English translation.
    iii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iv. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    v. Describe any assumptions and provide any technical information
and/or data that you used.
    vi. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vii. Explain your views as clearly as possible.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    The increased use of electronics and technology in society brings
the challenge of protecting human health and the environment from
potentially harmful effects of the improper handling and disposal of
these products. Discarded electronics comprise a small, but rapidly
growing part of our municipal waste.
    Currently, there are no federal mandates that require electronics
recycling or restrict unwanted electronics equipment from solid waste
landfills in the United States. EPA does, however, control how cathode
ray tube (CRT) monitors (e.g., from TV and computers) that are subject
to hazardous waste regulation are managed domestically and requires
notifications if CRT monitors are exported for recycling. A growing
number of states are mandating collection and recycling of used
electronics. In addition, there are now two electronics recycling
standards and accredited certification programs that address the
handling of used electronics throughout the recycling chain. (Basel
Action Network; e-Stewards Certification; http://e-stewards.org/. R2
Solutions; R2 certification; http://www.r2solutions.org/.)
    Unwanted or discarded electronics not reused or recycled represents
a lost opportunity to reuse functioning electronic equipment and
components, such as cell phone and computers/laptops or recover
valuable resources, such as precious metals, plastics or minerals that
are found in scarce or critical supply. Additionally, used electronics
may be exported to developing countries that lack capacity to manage
them appropriately and result in negative impacts to human health and
the environment. The majority of electronics recyclers in the United
States refurbish, repair, or pre-process (demanufacture, shred, sort)
used electronics to prepare them for the final recovery step.
Facilities that further recover raw materials, through smelting and
refining (end-processing), are mostly located outside the United
States. These facilities convert electronics scrap into: (1) High grade
copper and precious metals (e.g., gold, silver, and palladium); (2) new
CRTs; or (3) new plastics, all materials that can be reused in the
marketplace.
    To address the problems related to used electronics both here and
abroad, American businesses, government, and citizens must work
together to manage these electronics throughout the product lifecycle--
from design and manufacturing through their use and eventual recycling,
recovery, and disposal. On November 8, 2010, CEQ Chair Nancy Sutley
established an interagency working group that is co-chaired by EPA, GSA
and CEQ to develop a national strategy and recommendations for
improving Federal

stewardship of used electronics. By May 6, 2011, the Task Force will
deliver to CEQ a national framework for:
    1. Directing Federal agencies to exercise all appropriate
authorities to achieve the electronic stewardship goals, consistent
with domestic and international law;
    2. Developing a system-based approach to the long-term design,
management and disposal of Federal used electronics;
    3. Information gathering and tracking, regulatory options, and best
management practices for used electronics that can be used by the
Federal agencies and leveraged to the private sector;
    4. Building partnerships in the public and private sector for
sustainable electronics management nationwide;
    5. Reducing exports of used electronics to developing countries
that lack the capacity to properly manage them, and assess how federal
agencies can improve their ability to deter these exports; and,
    6. Building capacity within and share best practices with
developing countries, so they can improve their ability to safely
handle used electronics, while promoting economic development.

A. What action is the Agency taking?

    EPA and the Interagency Task Force are soliciting input from
individuals and organizations to inform the electronics stewardship
national framework. More specifically, EPA and the Interagency Task
Force would appreciate your individual views regarding the following
questions:
    1. What actions should the federal government take to further
encourage the design, manufacture, procurement, and use of greener
electronics?
    2. What are the challenges to designing and manufacturing products
in which rare and valuable materials are 100% recyclable, and are
recycled at end of product life? What can the federal government do to
help address those challenges?
    3. What are best practices for used electronics management that the
federal government should adopt? What examples of best management
practices of used electronics have been implemented in your community,
organization or institution?
    4. How can the amount of electronics that are recycled in the
United States be increased, while ensuring that they are managed safely
and properly?
    5. What additional infrastructure is needed, and what can be done
to encourage its development, in the United States to responsibly reuse
and recycle used electronics from governments, businesses and private
consumers?
    6. What innovations in electronic design exist that would enable
electronics to be tracked until disposal?
    7. What information would be most helpful to you when deciding how
to dispose of used electronics?
    8. What projects, practices or efforts, are you aware of that
addresses the problem of used electronics from the United States being
exported and being handled in a way that causes harm to health and the
environment?
    9. How could public-private partnerships help resolve any or all
the questions above?
    The framework that is released on May 6, 2011 will include
additional follow on steps to engage all stakeholders.
    For your convenience the questions above are also available for
viewing at http://www.epa.gov/wastes/conserve/materials/ecycling/taskforce/.

B. What is the Agency's authority for taking this action?

    Executive Order (E.O.) 13514 specifies Federal Leadership in
Environmental, Energy, and Economic Performance. An overall goal of EO
13514 is ``to establish an integrated strategy towards sustainability
in the Federal Government.'' Section 2(i) of E.O. 13514 establishes
electronics stewardship goals. In the spirit of E.O. 13514, the
government will lead by example in this effort by ensuring that the
departments and agencies of the federal government, some of the largest
consumers of electronics in the country, are also the most responsible
consumers.
Comments Consideration
    The EPA and the Interagency Task Force on Electronics Stewardship
will consider stakeholder input received from written comments in
developing the Framework. There will be another opportunity to comment
on the Framework developed by the Task Force after it is delivered to
the Council on Environmental Quality.

List of Subjects

    Environmental protection, Electronics stewardship, Sustainability,
E-waste.

    Dated: February 23, 2011.
Lisa Feldt,
Deputy Assistant Administrator, Office of Solid Waste and Emergency
Response.
[FR Doc. 2011-4505 Filed 2-28-11; 8:45 am]
BILLING CODE 6560-50-P