INFORMATION COLLECTION REQUEST: NPDES AND SEWAGE SLUDGE MANAGEMENT STATE PROGRAM REQUIREMENTS March 2003 EPA ICR No.: 0168.08 OMB Control No.: 2040 0057 NPDES and Sewage Sludge Management State Program Requirements March 2003 NPDES and Sewage Sludge Management State Program Requirements March 2003 Page i TABLE OF CONTENTS Section Page 1. Identification of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( a) Title of the Information Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( b) Short Characterization/ Abstract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( c) Statutory and Regulatory Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1( d) Current State NPDES/ Sludge Program Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Need for and Use of the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2( a) Need/ Authority for the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2( b) Practical Utility and Users of the Data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ( i) State Program Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ( ii) State Program Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ( a) Report on Compliance Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ( b) Recordkeeping of NPDES and Sludge Program Information . . . . . . . . . . . . . . . . . . . . 4 ( c) Inspection and Investigation of NPDES Permittees . . . . . . . . . . . . . . . . . . . . . . . . . 4 ( d) Certification of EPA issued Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ( iii) State Program Oversight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ( a) Submittal of NPDES Permit Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ( b) Submittal of Sludge Permit Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ( c) Quarterly, Semi annual, and Annual Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ( d) Submittal of Noncompliance Information for Sludge Management Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3. Non Duplication, Consultations, and Other Collection Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3( a) Non Duplication . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3( b) Consultations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3( c) Effects of Less Frequent Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3( d) General Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3( e) Confidentiality and Sensitive Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3( f) Public Notice Required Prior to ICR Submission to OMB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4. The Respondents and the Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4( a) Respondents and Standard Industrial Classification Codes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4( b) Information Requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ( i) State Program Requests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ( a) Request for NPDES Program Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ( b) Request for Partial NPDES Program Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ( c) Request for NPDES Program Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ( d) Request for Program Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ( e) Request for Sludge Program Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4( c) NPDES State Program Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ( i) Report on Compliance Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ( ii) Recordkeeping of NPDES Program Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 NPDES and Sewage Sludge Management State Program Requirements March 2003 Page ii ( iii) Recordkeeping for Sludge Program Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ( iv) Inspection and Investigation of NPDES Permittees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 ( v) State Certification of EPA issued Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 4( d) EPA Oversight of NPDES State Program Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ( i) Submittal of NPDES Permit Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ( a) Submittal of Sludge Permit Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ( b) Quarterly, Semi annual, and Annual Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ( ii) Submittal of Noncompliance Information for Sludge Management Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5. The Information Collected   Agency Activities, Collection Methodology, and Information Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5( a) Agency Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5( b) Collection Methodology and Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5( c) Small Entity Flexibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 5( d) Collection Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 6. Estimating the Burden and Cost of the Collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6( a) Estimating Respondent Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6( b) Estimating Respondent Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6( c) Estimating the Agency Burden and Cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 6( d) Total Burden Hours and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6( e) Reasons for Changes in Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 6( f) Burden Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Attachment 1. Indian Tribal Entities Within The Contiguous 48 States Recognized And Eligible to Receive Services From The United States Bureau of Indian Affairs . . . . . . . . . . . . . . . . . 33 Attachment 2. State, Tribes, and U. S. Territories, NPDES/ Sludge Program Status . . . . . . . . . . . . . . . . . 44 NPDES and Sewage Sludge Management State Program Requirements March 2003 Page iii LIST OF EXHIBITS Section Page Exhibit 1. Reporting Requirement Descriptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Exhibit 2. Annual Number of Responses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Exhibit 3 A. Number of NPDES and Sludge Permits Administered by EPA and the States ( Source PCS November 2002) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Exhibit 3 B. Number of Local Pretreatment Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Exhibit 4 A. Annual Burden for Compliance Inspections, Municipal Facilities . . . . . . . . . . . . . . . . . . 25 Exhibit 4 B. Annual Burden for Compliance Inspections, Non Municipal Facilities . . . . . . . . . . . . . . 26 Exhibit 5. Reporting Frequency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Exhibit 6. Annual Respondent Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Exhibit 7. Annual Federal Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Exhibit 8. Total Annual Burden and Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Exhibit 9. Changes in Respondent Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Exhibit 10. Changes in Total Burden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 NPDES and Sewage Sludge Management State Program Requirements March 2003 Page iv NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 1 1. IDENTIFICATION OF THE INFORMATION COLLECTION 1( a) Title of the Information Collection ICR: NPDES and Sewage Sludge Management State Program Requirements OMB Control No.: 2040 0057.

1( b) Short Characterization/ Abstract This ICR is entitled Information Collection Request for NPDES and Sewage Sludge Management State Program Requirements. It is a revision and request for extension of OMB No. 2040 0057 which expires on April 30, 2003. OMB Control No. 2040 0128 " State Sludge Management Program Requirements" has been incorporated by a previous State Program ICR, however it is not being duplicated in the current ICR. This ICR also includes State program requirements for 567 Federally Recognized Indian Tribes and 7 U. S. Territories. It was prepared according to the guidance contained in the Office of Environmental Information's ( OEI's) February 1999 ICR Handbook. This handbook is the Agency's most current guidance document for preparing an ICR and follows the provisions of the Paperwork Reduction Act of 1995 and the Office of Management and Budget ( OMB) guidelines. The total respondent burden for the activities covered in this ICR is estimated to equal 966,966 hours, at a labor cost of $ 30,169,349 The purpose of the ICR is to revise and extend the current recordkeeping and reporting requirements associated with State NPDES and sludge programs. There are three categories of reporting requirements that are the subject of this ICR:

° State Program Requests. This category includes the activities States, Tribes, and U. S. Territories must complete to request a new NPDES or sludge program, or to modify an existing program;

° State Program Implementation. This category includes the activities that approved States, Tribes, and U. S. Territories must complete to implement an existing program, such as recordkeeping and permit enforcement activities. The category also includes certification of EPA issued permits by non NPDES States, Tribes, and U. S. Territories;

° State Program Oversight. This category includes the activities required of NPDES States, Tribes, and U. S. Territories so that EPA may satisfy its statutory requirements for State program oversight.

° Exhibit 1 briefly describes the specific information activities included in each category.

1( c) Statutory and Regulatory Background The objective of the Clean Water Act ( CWA) is to " restore and maintain the chemical, physical, and biological integrity of the nation's waters" ( CWA Section 101). The Environmental Protection Agency ( EPA) control and limits discharges of pollutants into United States waters from all point sources. The NPDES program, established under CWA Section 402, is an important tool for controlling pollutant discharges. Under this program, discharges of pollutants to waters of the United States must be covered by an NPDES permit. Permits contain limitations on the amount of pollutants dischargers may emit.

In addition, Section 405 of the CWA requires EPA to regulate the use and disposal of sludge produced by publicly owned treatment works ( POTWs) and other treatment works treating domestic sewage. These treatment works must obtain permits that incorporate EPA's technical standards for sludge use and NPDES and Sewage Sludge Management State Program Requirements March 2003 1 Requests for pretreatment authority and State implementation of pretreatment programs are covered by a separate ICR ( OMB No. 2040 0009). 2 All delegated States, Tribes or U. S. Territories will henceforth be referred to as States.

Page 2 disposal. The sludge requirements may be included in the facility's NPDES permit, or they may be included in a separate " sludge only" permit.

Under the NPDES program, States, Federally Recognized Indian Tribes ( see Attachment 1), and U. S. Territories ( District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands) may acquire the authority to issue permits. In the absence of an approved State program, EPA issues permits. States, Tribes, and U. S. Territories that administer NPDES programs are also required to obtain pretreatment authority1 ( authority to require POTWs to establish pretreatment programs and to require that indirect dischargers meet pretreatment standards) and authority to issue permits to federal facilities. States, Tribes, and U. S. Territories also have the option of acquiring authority to issue general permits ( permits that cover a group of similar discharges). If these program areas were not covered in the original authorization, States, Tribes, and U. S. Territories with existing NPDES programs must submit requests for program modifications to add pretreatment, Federal facilities, or general permit authority. In addition, as federal statutes and regulations are modified, States, Tribes, and U. S. Territories must submit program modifications to ensure that their program continues to meet federal requirements.

States, Tribes, and U. S. Territories also have the option of acquiring authority to operate a sludge management program. This program may be a component of a State NPDES Program, or it may be administered as a separate program. To obtain authority to operate a NPDES or sludge program, a State, Tribe, or Territory must submit an application that includes a program description, Attorney General's Statement, draft Memorandum of Agreement ( MOA) with the EPA Region, and copies of the State's statutes and regulations.

Once a State, Tribe, or Territory obtains authority for a NPDES or sludge program, it becomes responsible for implementing the program in that jurisdiction. The State, Tribe, or Territory must retain records on the permittees and perform inspections. In addition, when a State, Tribe, or Territory obtains NPDES or sludge authority, EPA must oversee the program. Thus, States, Tribes, and U. S. Territories must submit permit information and compliance reports to the EPA.

When EPA issues a permit in an unauthorized State, Tribe, or Territory, that State, Tribe, or Territory must certify that the permit requirements comply with State, Tribe, or Territory water laws. According to the CWA ( Section 510), States, Tribes, and U. S. Territories may adopt discharge requirements that are equal to or more stringent than requirements in the CWA or Federal regulations.

1( d) Current State NPDES/ Sludge Program Status As of December 2002, a total of 45 of the 50 States and 1 of the 7 U. S. Territories have obtained NPDES authority. This is a total of 46 delegated NPDES programs for the universe of 624 potential program delegations ( 50 States, 567 Federally Recognized Indian Tribes, and 7 U. S. Territories). Of these 46 States, Tribes, or U. S. Territories, 34 have approved pretreatment programs, 40 have authority to issue permits to federal facilities, 45 have general permit programs, and 5 have sludge programs ( see Attachment 2).

As shown on Attachment 2, 31 of the 46 NPDES States2 have full NPDES authority, including the authority to issue pretreatment permits, the authority to issue permits to federal facilities, and the authority to issue general permits, which is an optional component. Several of the remaining authorized NPDES States are working with EPA to put necessary statutes, regulations, and other provisions in place. 578 States, Tribes, or U. S. Territories ( 624 minus 46) do not administer any part of the NPDES program and are at NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 3 various stages of program approval. Some of the States, Tribes, or U. S. Territories without NPDES authority are working with EPA to develop a program, while others have not and may never request any part of the NPDES program.

2. NEED FOR AND USE OF THE COLLECTION 2( a) Need/ Authority for the Collection Section 402( a) of the CWA established the NPDES program, which requires issuance of a permit to control the discharge of pollutants, ensuring compliance with provisions of the CWA. In addition, Section 402( b) of the Act provides that any States, Tribes, or Territory may administer the NPDES program if it requests authority and receives EPA approval. The CWA requires submittal and approval of " a full and complete description of the program it ( the State) proposes to establish and administer under State law...". The CWA further requires the State to submit " a statement from the Attorney General... that the laws of such State... provide adequate authority to carry out the described program."

Section 405 of the CWA requires EPA to regulate the use and disposal of sludge produced by POTWs and other treatment works treating domestic sewage. On February 4, 1987, Congress passed the Water Quality Act of 1987 ( WQA), which included significant changes to Section 405 of the CWA. Most significantly, it requires that technical standards be promulgated and that those standards be implemented through permits issued by EPA or approved States. The Office of Science and Technology is responsible for promulgating the technical standards for sewage sludge use and disposal. The Office of Wastewater Management is charged with administering the sludge permitting program and the State permit programs.

The CWA also provides for EPA oversight of States, Tribes, and U. S. Territories that have been approved to administer the NPDES program. CWA Section 309 deals with the enforcement of permits, and Section 402( c) and ( d) deals with overall program oversight including permit review and program withdrawal.

In the absence of an approved State, Tribe, or Territory program, EPA administers the NPDES program. CWA Section 401 requires States to certify that EPA issued NPDES permits establish " effluent limitations, and monitoring requirements necessary to assure that any applicant... will comply with any applicable effluent limitations and other limitations ( pursuant to the CWA) and with any other appropriate requirement of State law...". States, Tribes, and U. S. Territories may waive their right to certify permits if they wish. Section 510 provides that States, Tribes, and U. S. Territories may adopt requirements equal to or more stringent than standards established pursuant to CWA provisions.

EPA has promulgated regulations, 40 CFR Parts 122 through 125, that establish procedures and requirements of the NPDES program. Part 123 outlines State program requirements and establishes the information that must accompany a State's request for program approval. The submission requirements for States requesting modification of an existing NPDES program are also established under Part 123. Part 501 contains requirements for States to gain approval of a sludge management program.

2( b) Practical Utility and Users of the Data ( i) State Program Requests The information collected by EPA is used to evaluate the adequacy of a State's NPDES or sludge program and to provide EPA with the information necessary to fulfill its statutory oversight functions over State program performance and individual permit actions. EPA will also use this information to evaluate State's requests for full or partial program approval and program modifications. In order to evaluate the adequacy of a NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 4 State's proposed program, appropriate information must be provided to ensure that proper procedures, regulations, and statutes are in place and consistent with CWA requirements.

( ii) State Program Implementation ( a) Report on Compliance Evaluation Section 123.26 of 40 CFR requires States to have a program that is capable of making comprehensive surveys of all facilities and activities subject to the State Director's authority. The purpose of this survey is to identify persons subject to regulations who have failed to comply with permit application or other program requirements. States must make any compilation, index, or inventory of such facilities and activities available to the Regional Administrator ( of EPA) upon request. EPA and NPDES States can use comprehensive survey information for several purposes. One of the major uses includes compliance assessment of a specific permittee or permittees. Additionally, such data can be used to assess the trends of pollutant loading as well as identify new control needs for a group or category of permitted facilities. Survey data could lead to enforcement action, permit modification or revocation and reissuance, or a change in permit conditions.

( b) Recordkeeping of NPDES and Sludge Program Information States must maintain records of NPDES permit applications, inspection reports, and noncompliance and enforcement information. States must have a management system in place to support compliance evaluation activities, to allow for the review of the effectiveness of State permitting and enforcement programs, and to generate noncompliance rates. The data is used by the State in overseeing the permittees and in generating reports on noncompliance and enforcement.

( c) Inspection and Investigation of NPDES Permittees EPA and NPDES States use inspection data to assess compliance with permit conditions. Inspection data, in conjunction with other data ( i. e., permittee selfmonitoring data) is used to evaluate the need for EPA to initiate enforcement action. EPA headquarters uses inspection data to assess the adequacy of Regional and State programs.

( d) Certification of EPA issued Permits When EPA issues permits in non NPDES States, the Agency must comply with State laws, including water quality standards. In order to comply with State laws, EPA Regions use State certification information when they determine permit effluent limits. The CWA requires that no permit may be issued by EPA unless such certification has been granted or the State waives certification.

( iii) State Program Oversight The information included in this category is used to evaluate program implementation in approved States. EPA uses the information when reviewing permits, assessing compliance, evaluating State and Regional enforcement measures, generating noncompliance rates, establishing Agency priorities, formulating budgets, and analyzing Federal and State programs. Monitoring of approved State programs also NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 5 ensures continued compliance with the goals and requirements of the CWA and State programs themselves. Much of the information collected under this category is also used by the State in administering its program. The information is essential for adequate implementation of an NPDES program.

( a) Submittal of NPDES Permit Information In the Memoranda of Agreement ( MOA), EPA Regions and NPDES States define which permits the Region will review and which permits it will not review. Generally, the Region will review all permits for major facilities, all general permits, and a small percentage of permits for minor facilities. The information submitted by States consists of all appropriate data necessary for permit review ( application form, fact sheets, draft permits, etc.). The information submitted by States is used by EPA to review State issued permits for compliance with Federal laws.

( b) Submittal of Sludge Permit Information The information submitted by States is used by EPA to review State issued permits for compliance with Federal laws.

( c) Quarterly, Semi annual, and Annual Reports Ongoing monitoring of approved State programs by EPA ensures continued compliance with the goals and requirements of the CWA and State programs. EPA uses information about the permittee noncompliance to:

° Evaluate the effectiveness of State compliance enforcement programs; ° Support its own enforcement actions, if any, against dischargers in approved States; and ° Generate and publish noncompliance rates to be used in reports to offices within EPA and to OMB and Congress. ( d) Submittal of Noncompliance Information for Sludge Management Programs Sewage sludge noncompliance reports serve the same use as NPDES effluent noncompliance reports, which are described above. However, sewage sludge reports are only required annually. NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 6 3. NON DUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 3( a) Non Duplication EPA has examined all other reporting and recordkeeping requirements contained in the CWA and in the NPDES regulations. In addition, it has consulted the Federal Information Locator system to determine whether similar or duplicate information is available elsewhere. EPA has determined that the information collection and reporting requirements considered in this ICR are not duplicated in other reports.

All of the information collection and reporting requirements covered in this ICR involve original information which is not submitted under any other Federal program or regulation. Consequently, there are no alternative means available to collect the information.

3( b) Consultations EPA finalized all regulations containing the requirements addressed in this ICR after receiving comments from the public and the regulated community. EPA Headquarters staff responsible for program oversight in the applicable program areas were contacted to provide revised information and data for this ICR.

EPA Regional officials and representatives of approved States meet at least annually to review State activities, evaluate progress toward meeting program goals, etc. In addition, the MOA between approved States and the Regions provides mechanisms for discussions about the program. The result is a process of on going discussions between EPA and State officials to resolve problems as they arise and to ensure the smooth operation of both NPDES and sludge programs nationwide.

EPA Headquarters staff responsible for program oversight in the applicable program areas were contacted to provide revised information and data for this ICR.

3( c) Effects of Less Frequent Collection Most of the reporting and information collection requirements relating to State programs are submitted one time or on an as needed basis. The only exceptions are the quarterly noncompliance reports ( QNCRs), semi annual sludge reports, and annual reports. These are submitted at regular, specified intervals.

To fulfill its oversight responsibilities, EPA needs current information about all State NPDES and sludge programs, including information about individual permits, enforcement cases, and State program performance. EPA must track permits, compliance activities, and enforcement actions to ensure that State programs are carrying out provisions of the CWA in a timely manner. If reporting occurred less frequently, data would not be current enough for EPA to effectively provide guidance for State programs, to review or comment on State actions, or to intervene in compliance or enforcement cases as necessary.

3( d) General Guidelines This information collection is in compliance with the Paperwork Reduction Act guidelines ( 5 CFR § 1320.5( d)( 2)).

3( e) Confidentiality and Sensitive Questions No confidential or sensitive information is requested. NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 7 3( f) Public Notice Required Prior to ICR Submission to OMB In compliance with the 1995 Paperwork Reduction Act ( PRA), EPA is soliciting comments for a 60 day period prior to submission of the ICR to OMB. Comments from the public on the burden and cost estimates for collecting and submitting information will be addressed following the comment period and a copy of the Federal Register Notice soliciting public comments will be submitted to OMB. NPDES and Sewage Sludge Management State Program Requirements March 2003 3 As discussed previously, Federally Recognized American Indian Tribes are considered States in this ICR. The burden and costs will be included in the total burden and costs for this ICR.

Page 8 4. THE RESPONDENTS AND THE INFORMATION REQUESTED 4( a) Respondents and Standard Industrial Classification Codes The respondents to this information request are all 50 states, 7 U. S. Territories, and 567 Federally Recognized American Indian Tribes, which are not classified under the Standard Industrial Classification ( SIC) system.

As shown on Exhibit 2, EPA anticipates an average of 19,226 responses each year for the information items in this ICR. In some cases, the number of responses for an information item depends on the number of NPDES permittees which is summarized in Exhibits 3 A and 3 B. In most cases, the number of responses also depends on either the number of States requesting new NPDES or sludge programs, or on the number of States with existing programs. In calculating these numbers, the following was assumed:

° During the next three years, one State will request full NPDES program authority, and one State will request partial NPDES program authority.

° During the next three years, the average number of States with NPDES authority will be 46. This is calculated as follows:

  Currently, 46 States have NPDES authority.

  EPA estimates that two States will receive full or partial NPDES authority by 2005, bringing the total to 48. This would result in an average of 47 authorized ( either fully or partially authorized) States in each year.

  Although an average of 47 States would have approved programs, States with newlyacquired programs will not submit all the information items, such as annual reports. Also States with partial programs may not submit all the information items, because they administer only part of the program. Therefore, this ICR assumes that the equivalent of 46 States per year administer the NPDES program.

° During the next three years, nine States will request a sewage sludge program. Since there are five currently approved programs, the addition of three new programs each year will result in an average of 11 approved programs operating per year.

In most cases, the respondents to this information collection will be required to submit several of the items listed in Exhibit 2. The respondents include States requesting new NPDES or sludge programs, States that administer NPDES or sludge programs, and States that do not administer NPDES programs.

Because all States are required to respond to at least one information item, this ICR assumes an average of 624 respondents per year ( all States plus seven U. S. Territories and 567 Federally Recognized Indian Tribes) 3.

4( b) Information Requested ( i) State Program Requests ( a) Request for NPDES Program Approval States requesting NPDES program approval must submit 3 copies of a program submission ( 40 CFR § 123.21). Each submission must contain the following: NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 9 1) A letter from the State's Governor ( or Tribal Authority) requesting program approval;

2) A complete program description that summarizes the structure, scope, coverage, and processes of the proposed State program and outlines the State's permitting and review procedures. In addition, copies of all relevant permit forms, application forms, and reporting forms must be submitted;

3) A statement from the State Attorney General certifying that the State laws provide adequate authority to carry out the program requirements as outlined in the program description;

4) A MOA between the State Director and the EPA Regional Administrator. The MOA must clarify the division of responsibilities between the State agency and EPA. It also must specify the procedures that will ensure adequate coordination between EPA and the State, and it must discuss this coordination in detail. In particular, it must address compliance activities, enforcement activities, and the transfer of information between the State and EPA. It must also describe which classes and categories of permits the Regional Administrator must review before a permit is issued by the State and further specify those classes for which the Regional Administrator will waive review; and 5) Copies of all relevant State regulations and statutes.

As mentioned previously, one State is expected to request full program approval during the life of the ICR ( an average of 0.33 States per year). The estimated average time to prepare a State NPDES program application can vary from a relatively small burden ( predominately reflecting copying time) to several work years where complete regulatory and statutory changes are necessary. In most cases, at least some regulatory changes are necessary. It is impossible to determine the " average" burden for this reporting requirement since it depends on many different issues. For the purpose of this ICR, one work year 2080 hours is estimated to reflect the burden for States requesting program approval. The average Federal government burden for the review of State program requests is 1248 hours.

( b) Request for Partial NPDES Program Approval The 1987 WQA authorizes EPA to approve States for two types of partial programs ( CWA § 402( n)):

1) major category partial programs, and 2) phased partial programs.

States apply for major category partial program authority if more than one State agency has jurisdiction over discharges. Any State applying for a major category partial program must comply with existing 40 CFR § 123, Subpart B State Program Submission requirements. Under the phased partial program, States obtain authority for the entire NPDES program over a five year period. The requirements for submissions of major category partial program and phased partial program requests are essentially the same as the requirements for the submission of a full NPDES program request, as discussed above.

EPA anticipates that one State will seek partial program approval during the life of NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 10 this ICR ( an average of 0.33 States per year). Since the elements of the partial program application are expected to be the same as for program approval, it is assumed that the burden for partial programs equals the burden for a full program ( one work year, or 2080 hours). Like full NPDES program requests, the average Federal government burden for the review of State program requests is 1248 hours.

( c) Request for NPDES Program Modifications Either EPA or an approved State may initiate a program revision. A program revision may be necessary when the controlling Federal statutes and/ or regulations are modified. Where necessary, the State is required to submit a modified program description, an Attorney General's statement, a MOA, or other documents necessary to describe and evaluate whether the program revision is substantial and requires public notice. States may modify their programs to obtain pretreatment authority ( covered by a separate ICR), authority to issue general permits, or authority to issue permits to Federal facilities. They must also update other areas of their programs as necessary.

° Request for Authority to Issue General Permits. General permits cover a class of similar dischargers with similar effluent limitation in a defined geographic area. Authority to issue general permits is an optional component of the NPDES program. Currently, 45 States have general permit authority. EPA intends to increase its use of general permits and is encouraging States without general permit authority to obtain it. States seeking to modify their NPDES programs to obtain general permit authority must revise their Attorney General's Statement, program description, and MOA. Is some cases, they must also revise their statutes and regulations.

° Request for Authority to Issue Permits to Federal Facilities. NPDES States are required to obtain authority to issue NPDES permits to Federal facilities. Currently 40 States are approved to regulate Federal facilities. States seeking to modify their NPDES programs to obtain this authority in most cases revise their Attorney General's Statement, program description, and MOA. In some cases, they must also revise their statutes and regulations.

° Request to Update Legal Authority in other Areas. Under 40 CFR § 123.62( e), State NPDES and sludge programs must at all times be in compliance with Federal regulations. If new Federal requirements are enacted, States have one year to update their regulations to meet the Federal requirement. States have two years if they must also update statutes. States seeking to modify their NPDES programs to update their authority must normally revise their statutes or regulations. They must also in some cases revise their Attorney General's Statement, program description, or MOA.

As discussed previously, one of the 46 approved NPDES States does not have authority to issue general permits, and six do not have authority to issue permits to Federal facilities. It is not expected that these States will request such authorities during the next three years. It is anticipated that four States will revise their programs in order to update their authorities. Therefore, the number of requests for program modification expected during the next three years is four. This results in NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 11 an average of 1.33 States per year.

For purposes of this ICR, a burden estimate of 250 hours is used for program modifications. EPA staff will require 50 hours to review each request for program modification.

( d) Request for Program Transfers A State may request that an approved program be transferred back to EPA. Transfers back to EPA require 180 days notice by the State, as well as a plan for the orderly transfer of all relevant program information. If necessary, EPA may require that the State provide further information. In addition, EPA may initiate proceedings to determine whether an approved State program should be withdrawn due to the State's failure to administer its program in accordance with Federal requirements.

Withdrawal proceedings not only may be initiated unilaterally by EPA, but also in response to a petition submitted by an interested party. Currently, EPA has received 19 petitions for withdrawal of NPDES programs in 12 authorized States. EPA estimates based on the number of petitions submitted in the past few years that an average of 3 petitions per year will be submitted in the next several years. It is estimated that on average, each petition will require 480 State hours and 240 EPA hours to review.

( e) Request for Sludge Program Approval On August 24, 1998, EPA promulgated revised regulations setting forth minimum requirements for State sludge programs. These revisions specify that all State sludge management program submissions be submitted under 40 CFR Part 501, whether they seek a revision to an NPDES program or a non NPDES program. The requirements for a sewage sludge program are contained in 40 CFR Part 501.

The first requirement for submission of a State sludge program is the program description, which contains the scope, structure, coverage, and processes of the State program. The State must also submit a statement from the State Attorney General outlining its legal authority to impose the sludge requirements. The program submission shall also include a MOA between the State Director and the EPA Regional Administrator that, in part, sets forth the State's approach to administering the sludge program and EPA's role in overseeing the State's administration.

Nine States are expected to seek approval of sludge management programs over the life of the ICR. This results in an average of three requests States per year. States requesting authority to implement a sludge program will expend an estimated 750 hours per request per year. The Federal government will be required to review and process each State program submission expending approximately 400 hours per request per year.

4( c) NPDES State Program Implementation ( i) Report on Compliance Evaluation 40 CFR § 123.26 requires State to have a program that is capable of making comprehensive surveys of all facilities and activities subject to the State Director's NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 12 authority. The purpose of this survey is to identify persons subject to regulations who have failed to comply with permit application or other program requirements. States must make any compilation, index, or inventory of such facilities and activities available to the EPA Regional Administrator upon request. Comprehensive surveys and inspections are covered under " Inspection and Investigation of NPDES Permittees," discussed below. Surveys of any facilities and activities can be conducted, subject to NPDES program authority, to identify persons that are subject to regulation who have failed to comply with permit application or other program requirements. Any compilation, index, inventory of such facilities and activities shall be made available to EPA Regions upon request. During the life of this ICR, EPA does not expect to request any of this information.

( ii) Recordkeeping of NPDES Program Information 40 CFR § 123.26( e) requires that " any information obtained or used in the administration of a State program shall be available to EPA upon request without restriction." It also requires an NPDES State to keep such records and to submit such information as is reasonable to ascertain whether the State program complies with the requirements of the CWA and the NPDES regulations. Recordkeeping shall include all notices and reports required of permittees and other regulated persons.

The respondents to this information item are the 46 NPDES States. Although the burden for this activity can vary widely, the average burden to NPDES States has been determined to be 50 hours, based on past burden estimates. Since this requirement pertains only to the State program, there is no Federal burden associated with this information requirement.

( iii) Recordkeeping for Sludge Program Information States with EPA approved sludge management programs must continually retain information about program and permittee compliance with Federal requirements. This information is the same as that required of States with approved NPDES program, as noted above.

As discussed above, EPA expects nine requests for State sewage sludge programs over the next three years ( three in the first year, with an additional three in the second and third years). Thus, this requirement will affect an average of 11 States per year ( average of existing five programs and additional three new programs per year). The average burden to States with sludge programs is estimated to be the same as the recordkeeping burden for NPDES States, 50 hours. Since this requirement pertains only to the State programs, there is no Federal burden associated with this information requirement.

( iv) Inspection and Investigation of NPDES Permittees The respondents to this item are the 46 NPDES States. As part of NPDES program implementation, inspections are performed on permitted facilities to assess compliance with permit requirements. NPDES regulations at 40 CFR § 123.26( e)( 5) require major permittees to be inspected at least once annually. In addition, an estimated 20 percent of minor facilities are inspected each year.

When facilities are inspected, States must submit their findings to EPA. The information collected and reported by the State can include sampling data, status of compliance with permit requirements such as construction schedules and reports, and evaluation of a NPDES and Sewage Sludge Management State Program Requirements March 2003 4 The descriptions of the inspections are taken from the NPDES Compliance Inspection Manual, U. S. EPA, OECA, September 1994.

Page 13 permittee's sample collection and analysis methodology. The information varies depending on the type of inspection conducted; it is used to assess compliance with NPDES permit requirements and to verify permittee reporting. The various types of inspections4 include:

° Compliance Sampling Inspections ( CSI). During the CSI, representative samples required by the permit are obtained. Chemical analyses are performed and the results are used to verify the accuracy of the permittee's self monitoring program and reports, determine the quantity and quality of effluents, develop permits, and provide evidence for enforcement proceedings where appropriate. In addition, CSIs include the same objections and tasks as a Compliance Evaluation Inspection, discussed below. The estimated burden for the inspection is 120 hours.

° Compliance Evaluation Inspections ( CEI). The CEI is a nonsampling inspection designed to verify permittee compliance with applicable permit self monitoring requirements and compliance schedules. This inspection involves record reviews, visual observations, and evaluations of the treatment facilities, effluents, receiving waters, etc. The CEI examines both chemical and biological self monitoring and forms the basis for all other inspection types except the Reconnaissance Inspection. The estimated burden for this inspection is 24 hours.

° Performance Audit Inspections ( PAI). The PAI is used to evaluate the permittee's selfmonitoring program. As with a CEI, the PAI is used to verify the permittee's reported data and compliance through a records check. In a CEI, the inspector makes a cursory visual observation of the facility, effluents, and receiving waters. In a PAI, the inspector actually observes the permittee performing the self monitoring process from sample collection and flow measurement through laboratory analyses, data workup, and reporting. The PAI inspector may leave a check sample for the permittee to analyze. Compared to a CSI, the PAI is less resource intensive because sample collection and analyses by the State are not included. The estimated burden for this inspection is 96 hours.

° Diagnostic Inspections ( DI). The DI primarily focuses on POTWs that have not achieved permit compliance. POTWs that are having difficulty diagnosing their problems are targeted. The purpose of the DI is to identify the causes of noncompliance and to suggest immediate remedies that will help the POTW achieve compliance. Once the cause of noncompliance is defined, an administrative order is usually issued that requires the permittee to conduct a detailed analysis and develop a composite correction plan. The estimated burden for this inspection is 128 hours.

° Compliance Biomonitoring Inspection ( CBI). The CBI uses acute and chronic toxicity testing techniques to evaluate the biological effect of a permittee's effluent discharge( s) on test organisms. In addition, this inspection includes the same objectives and tasks as a CEI. The estimated burden for this inspection is 240 hours.

° Toxic Sampling Inspection ( XSI). The XSI has the same objectives as a conventional CSI. However, it places increased emphasis on toxic substances regulated by the NPDES permit. The XSI covers priority pollutants other than heavy metals, phenols, and cyanide, which are typically included in a CSI. A XSI uses more resources than a NPDES and Sewage Sludge Management State Program Requirements March 2003 5 As discussed above, States are not required to use these forms. However, the Federal burden is not likely to depend greatly on the format in which results are reported. Therefore, for simplicity, it is assumed that States use these forms.

Page 14 CSI because highly sophisticated techniques are required to sample and analyze toxic pollutants. The estimated burden for this inspection is 280 hours.

° Reconnaissance Inspection ( RI). The RI is used to obtain a preliminary overview of a permittee's compliance program. The inspector permits a brief visual inspection of the permittee's treatment facility, effluents, and receiving waters. The RI uses the inspector's experience and judgement to quickly summarize any potential compliance problems. The objective of the RI is to expand inspection coverage without increasing inspection resources. The RI is the briefest of all NPDES inspections; the estimated burden for this inspection is 8 hours.

° Pretreatment Compliance Inspections ( PCI). The PCI evaluates the POTW's implementation of its approved pretreatment program. It includes a review of the POTW's records on monitoring, inspections, and enforcement activities for its industrial users ( IUs). THE PCI may be supplemented with IU inspections. The estimated burden for this inspection is 24 hours.

A Compliance Inspection Report ( CIR) form was developed for inspectors to use when submitting qualitative results of CSIs, CEIs, PAIs, and DIs. In most cases, the form is not used, but the information collected and reported is generally the same, except for those States that require and collect more information.

Exhibits 4 A, and 4 B summarize the number of inspections, the burden associated with each type of inspection, and the total burden for this information activity. For this calculation, it is assumed that there are a total of 2,077 major and 33,103 minor non municipal facilities, and 3,582 major and 9,795 minor municipal facilities ( see Exhibit 3 A and 3 B). Of the major facilities ( both non municipal and municipal), 15 percent receive CSIs, 60 percent receive CEIs, 15 percent receive PAIs, 17 percent receive CBIs, four receive XSIs, and 40 percent receive RIs. In addition, 5 percent of municipal facilities receive DIs and 80 percent of POTWs with approved pretreatment programs receive PCIs. Of the minor facilities ( both non municipal and municipal), 3 percent receive CSIs and 17 percent receive CEIs. Therefore, the total annual number of inspections conducted is estimated to be 18,066 ( 6,350 + 1,959 + 3,136 + 6,621) inspections at 947,897 hours ( 406,586 + 75,226 + 211,854 + 254,231).

The burden for the Federal government is based on the time required to review the CIRs or the pretreatment checklists5. Based on previous experience, 90 percent ( 16,260) of the inspection reports will require an initial review of one half hour, while the remaining 10 percent ( 1,807) will require a more intensive review of five hours. Thus, the total annual review time is estimated at 17,163 hours, calculated as follows:

Total burden for Federal government to review CIR forms requiring only an initial review:

16,259.8 reports X 0.5 hour = 8,130 hours NPDES and Sewage Sludge Management State Program Requirements March 2003 6 As discussed in 4( a), this ICR assumes an average of 46 States, Tribes, or U. S. Territories will have NPDES programs. Thus, 579 States, Tribes, and U. S. Territories will not have programs.

Page 15 Total burden for Federal government to review CIR forms requiring an intensive review:

1,806.6 reports X 5 hours = 9,033 hours Total annual Federal burden for this information requirement: 17,163 hours ( v) State Certification of EPA issued Permits When EPA issues permits in non NPDES States, EPA must ensure that the permits are in compliance with State laws, including water quality standards. EPA may not issue a permit in an unapproved State until the State certifies that the permit is in compliance with State laws. Certification is usually supplied by the State with the permittee's application form or at the time the draft permit has been developed.

The regulations require that certifications be in writing and that they identify conditions necessary to ensure compliance with applicable provisions of the CWA and State laws. When certification accompanies a draft permit, it shall include any conditions more stringent than those in the draft permit that the State finds necessary to meet the CWA or State requirements. It must also list permit conditions that can be made less stringent without violating State law requirements, including water quality standards. States may waive their certification rights, and a certification is considered waived if the State does not specifically certify or deny certification within a reasonable time period.

The respondents to this information item are the 579 States without NPDES programs6 As of November 2002, there were 4002 EPA issued permits, 893 major permits and 3109 minor permits. It is assumed that each year, EPA reissues 20 percent of these permits, or an average of 800 each year. It is assumed on average, that new permits issued each year will equal permits removed from the program. The respondent burden for certifying these permits varies due to State procedures, level of involvement with EPA in developing the permit, and permit complexity. Average respondent burden is estimated to be 4 hours. The burden to the Federal government is not applicable, because the Federal activities are part of the permitting process and impose no further burden.

4( d) EPA Oversight of NPDES State Program Implementation ( i) Submittal of NPDES Permit Information Federal regulations require that " any information obtained or used in the administration of a State program shall be available to EPA upon request without restriction" ( 40 CFR § 123.41( a)). Information submitted to EPA includes permit program forms and any other relevant information specified in the MOA between EPA and the State. At a minimum, required information includes copies of completed permit application forms, draft and final permits, permit modification, and related information ( e. g., notices of State actions, public comments, etc.) unless EPA waives permit review.

The respondents to this information item are the estimated 46 States with NPDES programs. It is assumed that the States treat this information collection as an ongoing activity, rather than as a set of discrete reports. Burden estimates for the remainder of this ICR is based on 45 States having program authorization. Arizona, having received NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 16 program authorization in the past month, is excluded from that estimate. Arizona will be added in the final ICR that is to be submitted to OMB.

The annual burden for these States is estimated to average 25.2 ( 1,107 hours for 45 States) hours per State, calculated as follows:

° States must submit all major permits, about 5 percent of minor permits, and all general permits;

° As of November 2002, there were 5,659 major, 42,898 minor, and approximately 400 general permits in the 45 NPDES States. Each permit can have a life span of five years, so an average of 1,132 major, 8,580 minor, and approximately 80 general permits are issued each year;

° In addition, EPA estimates that authorized States will issue 98 new major, 895 new minor, and 44 new general permits each year. Accordingly, the estimated number of major permits for each year of the ICR is 1,230 ( 1,132 + 98), the estimated number of minor permits is 9,475 ( 8,580 + 895), and the estimated number of general permits is 125 ( 80 + 45);

° 70 percent of the major ( 859), 5 percent of the minors ( 473), and 100 percent of the general permits ( 125) require 10 minutes ( 0.17 hours) for transmittal to EPA. The remaining 30 percent of major permits ( 368) require two hours of transmittal time. The total number of NPDES certifications equals an average of 1,825 per year ( 859 + 473 + 125 + 368));

° Thus, the total annual burden is as follows:

( 859 Majors + 473 Minors + 125 General ) X 0.17 Hours = 248 Hours 368 Majors X 2 Hours = 737 Hours Total = 984 Hour ( a) Submittal of Sludge Permit Information EPA expects to receive 45 reports of sludge permits over a three year period, yielding an average of 15 permits per year. Each permit will require 10 minutes ( 0.17 hours) to be transmitted to EPA. The total burden for this reporting requirement is 2.5 hours ( 14.7 reports x 0.17 hours), or 0.21 hours per State. There is no Federal burden associated with this information item.

( b) Quarterly, Semi annual, and Annual Reports NPDES regulations require that each EPA Region and approved State prepare quarterly, semi annual, and annual noncompliance reports. These reports include:

° Quarterly Noncompliance Reports ( QNCRs)   40 CFR § 123.45: Approved States must submit to EPA quarterly reports of noncompliance by major permittees. These reports include the name, location, and permit number of the facility; the date and a brief description of each instance of noncompliance; the date and a brief description of action taken by the State; the status of noncompliance or the date noncompliance was resolved; and any details that explain or mitigate the noncompliance. NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 17 ° Semi annual Statistical Summary Reports   40 CFR § 123.45: Each semi annual report must indicate the number of major permittees with two or more violations of the same monthly average limitation during the past six months. Approved States must submit these reports along with the first and third QNCRs.

° Annual Statistical Summary Reports  40 CFR § 123.45: These reports must indicate the number of all non major permittees reviewed; the number in noncompliance; the number of enforcement actions taken; and the number of permits modified to extend compliance deadlines. A list of non majors that are one or more years behind the construction phases of the compliance schedule is also required.

The respondents to this information item are the estimated 45 NPDES States. Each year, these 45 States must develop four QNCRs, two semi annual summary reports, and one annual summary report. Since the semi annual and annual summary reports are normally prepared along with the QNCRs, and because States indicate that the burden for these reports is lessened, this ICR assumes ( for simplicity) that each NPDES State prepares the equivalent of five QNCRs each year. The work involved ranges from manually preparing reports, which includes reviewing individual inspection reports, to copying data generated by the EPA PCS onto QNCR forms. This results in 225 annual responses ( 45 States x 5). EPA estimates an average respondent burden of 25 hours per report. The government burden for this information item is estimated at 15 hours, including eight hours review by EPA Regions and seven hours of review by EPA Headquarters.

( ii) Submittal of Noncompliance Information for Sludge Management Programs ( a) Annual Sewage Sludge Program Reports   40 CFR § 501.21 Under 40 CFR § 501.21, annual reports must provide, at a minimum, updated inventory information of all sewage sludge generators and sludge disposal facilities and a summary of all incidences of noncompliance over the previous year.

The respondents for this item are the average of 11 States with sewage sludge programs. The estimated burden for completing this report is 84 hours, and the Federal review time is estimated at 55 hours per report. NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 18 5. THE INFORMATION COLLECTED   AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION MANAGEMENT 5( a) Agency Activities This ICR includes all of the reporting requirements relating to State program requests, State NPDES and sludge program implementation, and EPA overview of State NPDES and sludge programs. Under CWA § 402( c) & ( d), EPA must ensure that State program requests and State program modification requests meet all the necessary Federal requirements. Thus, EPA must review State program submissions to ensure that all the necessary requirements are met. EPA's review includes an analysis of the State's statutes and regulations, and an in depth examination of the program description, Attorney General's Statement, and MOA. All of the information submitted by States is filed in the State Program files at EPA Headquarters.

Once a State acquires NPDES authorization, EPA must oversee the program to ensure that it meets the requirements set forth in the Federal regulations. Consequently, EPA is required to regularly review Stateissued permits, State compliance reports, and State inspection forms. The majority of these tasks are delegated to the individual Regions. Lists of the reporting requirements, with statutory and regulatory citations, imposed on States relating to the CWA provisions and NPDES and Sludge regulations are found in Exhibit 1 of this ICR.

5( b) Collection Methodology and Management The information reported in this ICR is limited to State efforts including EPA review of State information; it does not reflect the burden on the permittee. For general reports, EPA and States are moving toward greater automation   for example, computer generated QNCRs and SSVRs   however, much of the information dealing with a State's overview does not lend itself to automation. Much of the information centers on day to day on going program information some of which is case specific.

EPA has an automated data management system known as Permit Compliance System ( PCS). This system provides EPA with a nationwide inventory of all permit holders. EPA Headquarters uses this information to assess permit compliance.

5( c) Small Entity Flexibility Small businesses are unaffected by this information collection request; all respondents are State governments.

5( d) Collection Schedule The reporting requirements and reporting frequencies are outlined in Exhibit 5. NPDES and Sewage Sludge Management State Program Requirements March 2003 7 Source: U. S. Office of Personnel Management, 1998 General Schedule.

Page 19 6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION 6( a) Estimating Respondent Burden The annual burden for State NPDES and sludge programs is a function of the number of States responding to the collection and average time required for States to complete each information item. The assumptions and calculations used to derive the burdens for the individual information items are summarized in Section 4( b).

Exhibit 6 summarizes the average burden for the information items in this ICR. To determine the average burden hours for the ICR, a cumulative total for each reporting item was calculated. The estimated annual burden is 966,966 hours. Approximately 98 percent of this burden ( 947,897 hours) is associated with the inspection and investigation of NPDES permittees.

As discussed above, the total number of respondents is 624. However, 579 of these 624 States respond to only 1 information item ( certification of EPA Issued permits). The average burden per respondent varies, depending on whether the State has NPDES authority, on the number of permitted facilities in the State, and on other factors.

6( b) Estimating Respondent Cost The cost imposed on the States as respondents to the information requirement discussed in this ICR is a function of the burden placed on them in collecting, compiling, and reporting the information described above and the wages of the typical State worker performing these activities. There are no respondent capital/ start up costs and no O& M costs associated with this ICR.

A labor rate of $ 31.20 an hour was used for all NPDES authorized State and Territory respondent activities defined in this ICR. This is based on the mean hourly cost of employment for all occupations, including benefits. This hourly rate was based on the average hourly wage for State and municipal employees as determined by the U. S. Department of Labor. It is based on U. S. Department of Labor, Bureau of Labor Statistics. Employer Costs for Employee Compensation, Table 3 Employer costs per hour worked for employee compensation and costs as a percent of total compensation: State and local government, by selected characteristics, June 2002.

As shown in Exhibit 6, the total respondent cost is $ 30,169,349.

6( c) Estimating the Agency Burden and Cost In general, Federal government burden and costs arise from reviewing, analyzing, and processing reports and information provided by the States. Section 4( b) of this document details the level of effort expended by the Federal government as the recipient and user of this information.

All cost calculations in this ICR account for labor costs only. The hourly labor rate for the Federal government is based on an average annual salary for Federal employees of $ 44,738, which is equivalent to the salary of a GS 9, Step 10 Federal employee. 7 At 2,080 hours per year, the hourly rate is $ 21.53. Overhead costs for Federal employees are estimated to be 50 percent, or $ 10.76 per hour, yielding a fully loaded rate of $ 32.39. The hourly rate of $ 32.39 was used for all Agency activities defined in this ICR.

Exhibit 7 summarizes the annual burden and cost to the Federal government associated with NPDES and sludge requirements on State programs. The annual government burden equals 27,813 hours, and the average annual cost is $ 900,864. NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 20 6( d) Total Burden Hours and Costs Exhibit 8 displays the total burden ( 994,779 hours) and cost ($ 31,070,213) for the respondents and the Federal government.

6( e) Reasons for Changes in Burden Exhibit 9 outlines the changes in the respondent burden estimates between the previous NPDES and Sewage Sludge Management State Program Requirements ICR and this revised ICR. The current burden is 1,140,794 hours. The estimate for this revised ICR is 966,966 hours, a decrease of ( 173,828) hours or  15.2 percent over the current inventory. This change is due to changes and adjustments in the number and types of permits administered by the States and EPA under the NPDES program. EPA has conducted and continues to improve the quality of data in its Permit Compliance System ( PCS) database and part of this adjustment is due to this effort. In addition, this adjustment is due partly to shifts towards the use of general permits to cover certain categories of dischargers. Finally, non NPDES authorized states continue to apply for NPDES program and sludge program authorization.

Exhibit 10 outlines the changes in the total burden estimates between the previous NPDES and Sewage Sludge Management State Program Requirements ICR and this revised ICR. The total estimate for this ICR is 994,779 hours, a decrease of ( 173,643) hours or ( 14.9) percent over the current inventory. As discussed above, this change is due primarily to a reduction in the number of municipal and non municipal permits administered by delegated states. As noted above, this reduction may reflect more accurate data rather than a significant change in the number of permits actually administered.

6( f) Burden Statement The public reporting and burden for collecting information is estimated to average 966,966.0 hours annually. This estimate includes the time required to review the instructions, search existing data sources, gather and maintain all necessary data, and complete and review the information collected. The respondents are the 624 States, Tribes and U. S. Territories defined under the NPDES program; the burden per respondent is variable.

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 purposed of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are list in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OW 2002 0063, which is available for 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 through EPA Dockets ( EDOCKET) at NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 21 http:// www. epa. gov/ edocket. Use EDOCKET 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. Once 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, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. ( OW 2002 0063) and OMB control number ( 2040 0057) in any correspondence. NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 22 Exhibit 1. Reporting Requirement Descriptions Reporting Requirements Citation Description State Program Requests Request for NPDES Program Approval 40 CFR Part 123,

Subpart B Contains requirements for States that wish to obtain an NPDES program.

Request for NPDES Partial Program Approval CWA § 402( n) Allows States to request authority to administer portions of the NPDES program. Reporting requirements parallel requests for full NPDES program approval.

Request for NPDES Program Modification 40 CFR § 123.62 Contains requirements for States that wish to modify an existing NPDES program.

Request for Program Transfer/ Withdrawal 40 CFR § § 123.63, 123.64, 501.34 Outlines procedures for States to voluntarily transfer their NPDES program responsibilities back to EPA and for withdrawal o f State programs due to unilateral EPA decision or in response to an interested party petition.

Request for Sewage Sludge Program Approval 40 CFR § 501.11 Contains requirements for States that wish to obtain a sludge management program.

State Program Implementation Report on Compliance Evaluation 40 CFR § 123.26( b)( 1) Requires States to submit information on compliance evaluation programs.

Recordkeeping of NPDES Program Information 40 CFR § 123.26( e) Requires States to maintain a management information system for compliance evaluation activities.

Recordkeeping for Sludge Program Implementation 40 CFR § 501.16 Requires States with sludge management programs to comply with the recordkeeping requirements as outlined in 40 CFR § 123.26.

Inspection and Investigation of NPDES permittees 40 CFR § § 123.26( b)( 2) & ( 3) Requires States to inspect facilities to determine permit compliance, verify monitoring and other data supplied by permittees, and investigate violation reports from the public.

Certification of EPA Issued Permits 40 CFR § § 124.53 & 124.54 Requires States to certify permit conditions and to ensure conformity with all applicable State laws. ( Does not apply to sludge programs.)

State Program Oversight Submittal of NPDES Permit Information 40 CFR § § 123.43 & 123.44( j) Requires States to submit proposed NPDES permits and sludge permits for certain permittee categories to EPA.

Submittal of Sludge Permit Information 40 CFR § 501.14( b) Requires States to submit proposed sludge permits to EPA as agreed to in the MOA.

NPDES Quarterly, Semi Annual, and Annual Reports 40 CFR § 123.45 Requires quarterly and semi annual reports of major permittee violations, and annual statistical reports of non major permittee violations and enforcement actions.

Sludge Noncompliance Reports 40 CFR § 501.21 Requires annual reports providing inventory information and compliance monitoring summaries. NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 23 Exhibit 2. Annual Number of Responses Type of Response ( Regulation) Responses Per Year 1 Request for NPDES Program Approval ( 40 CFR § 123.21) 0.33 2 Request for Partial NPDES Program Approval ( CWA § 402( n)) 0.33 3 Request for NPDES Program Modification ( 40 CFR § 123.62) 1.33 4 Request for Program Transfers/ Withdrawals ( 40 CFR § 123.64) 3 5 Request for NPDES Sludge Program Approval ( 40 CFR § 123.62) 0 6 Request for Sewage Sludge Program Approval ( 40 CFR § 501.11) 3 7 Report on Compliance Evaluation ( 40 CFR § 123.26( b)( 1)) 0 8 Recordkeeping of NPDES Program Information ( 40 CFR § 123.26( e)) 45 9 Recordkeeping for Sewage Sludge Program Information ( 40 CFR § 501.16) 11 10 Inspection and Investigation of NPDES Permittees ( 40 CFR § § 123.26( b)( 2) and ( 3)) 18,066 11 Inspection of Class I Sludge Management Facilities ( 40 CFR § § 123.26( e)( 5) and 501.16) 0 12 Certification of EPA  Issued Permits ( 40 CFR § § 124.53 and 124.54) 800 13 Submittal of NPDES Permit Information ( 40 CFR § § 123.43 and 123.44( j)) 45 14 Submittal of Sludge Permit Information by NPDES States ( 40 CFR § § 123.43 and 123.44( j)) 0 15 Submittal of Sludge Permit Information ( 40 CFR § 501.14( b)) 15 16 Quarterly, Semi annual, and Annual Reports ( 40 CFR § 123.45) 225 17 Semi annual Sludge Noncompliance Program Reports from NPDES States ( 40 CFR § 123.45) 0 18 Semi annual Sludge Noncompliance Program Reports from Non NPDES States ( 40 CFR § 501.21) 0 19 Annual Sludge Program Reports from NPDES States ( 40 CFR § 123.45) 0 20 Annual Sewage Sludge Program Reports ( 40 CFR § 501.21) 11 Total Number of Responses 19,226 NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 24 Exhibit 3 A. Number of NPDES and Sludge Permits Administered by EPA and the States ( Source PCS November 2002)

Type of Permittee States EPA Total Major NPDES Permits Municipal 3,582 525 4,107 Non municipal 2,077 368 2,445 ( Federal) ( 72) ( 27)

Subtotal 5,659 893 6,552 Minor NPDES Permits Municipal 9,795 827 10,622 Non municipal 33,103 2,282 35,385 ( Federal) ( 484) ( 215)

Subtotal 42,898 3,109 46,007 General NPDES Permits Approx. 400 Approx. 40 Approx. 440 Total 48,957 4,042 52,999 Sludge Permits 645 4,547 5,192 Exhibit 3 B. Number of Local Pretreatment Programs States EPA Total Number of Local Pretreatment Programs 953 488 1,441 NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 25 Exhibit 4 A. Annual Burden for Compliance Inspections, Municipal Facilities Number of Major Municipal Facilities: 3,582 Percent covered (%) Facilities Covered Hours per Inspection Total Hours Number of Minor Municipal Facilities: 9,795 Type of Inspection Majors Minors Majors Minors Majors Minors Majors Minors Compliance Sampling Inspection ( CSI) 15.0 3.0 537.3 293.9 120.0 120.0 64,476.0 35,262.0 Compliance Evaluation Inspection ( CEI) 60.0 17.0 2,149.2 1,665.2 24.0 24.0 51,580.8 39,963.6 Performance Audit ( PAI) 15.0 0.0 537.3 0.0 96.0 96.0 51,580.8 0.0 Diagnostic Inspection ( DI) 5.0 0.0 179.1 0.0 128.0 128.0 22,924.8 0.0 Compliance Biomonitoring Inspection ( CBI) 17.0 0.0 608.9 0.0 240.0 240.0 146,145.6 0.0 Toxics Sampling Inspection( XSI) 4.0 0.0 143.3 0.0 280.0 280.0 40,118.4 0.0 Reconnaissance Inspection( RI) 40.0 0.0 1,432.8 0.0 8.0 8.0 11,462.4 0.0 Pretreatment Compliance 80.0 762.4 24.0 18,297.6 Inspection ( PCI)

Total   6,350.3 1,959.1   406,586.4 75,225.6 NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 26 Exhibit 4 B. Annual Burden for Compliance Inspections, Non Municipal Facilities Number of Major Non Municipal Facilities: 2,077 Percent covered (%) Facilities Covered Hours per Inspection Total Hours Number of Minor Non Municipal Facilities: 33,103 Type of Inspection Majors Minors Majors Minors Majors Minors Majors Minors Compliance Sampling Inspection ( CSI) 15.0 3.0 311.6 993.1 120.0 120.0 37,386.0 119,170.8 Compliance Evaluation Inspection ( CEI) 60.0 17.0 1,246.2 5,627.5 24.0 24.0 29,908.8 135,060.2 Performance Audit ( PAI) 15.0 0.0 311.6 0.0 96.0 96.0 29,908.8 0.0 Compliance Biomonitoring Inspection ( CBI) 17.0 0.0 353.1 0.0 240.0 240.0 84,741.6 0.0 Toxics Sampling Inspection( XSI) 4.0 0.0 83.1 0.0 280.0 280.0 23,262.4 0.0 Reconnaissance Inspection( RI) 40.0 0.0 830.8 0.0 8.0 8.0 6,646.4 0.0 Total 151.0 20.0 3,136.4 6,620.6   211,854.0 254,231.0 NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 27 Exhibit 5. Reporting Frequency Reporting Requirements Citation Frequency of Response State Program Requests Request for NPDES Program Approval 40 CFR Part 123, Subpart B One time only Request for NPDES Partial Program Approval CWA § 402( n) One time only Request for NPDES Program Modification 40 CFR § 123.62 As needed or one time only Request for Program Transfer/ Withdrawal 40 CFR § § 123.63, 123.64, 501.34 One time only/ As needed Request for Sewage Sludge Program Approval 40 CFR Part 501.11 One time only State Program Implementation Report on Compliance Evaluation 40 CFR § 123.26( b)( 1) As needed Recordkeeping of NPDES Program Information 40 CFR § 123.26( e) On going Recordkeeping for Sludge Program Implementation 40 CFR § 501.16 On going Inspection and Investigation of NPDES permittees 40 CFR § § 123.26( b)( 2) & ( 3) Upon inspection completion Certification of EPA Issued Permits 40 CFR § § 124.53 & 124.54 Every five years or as permits are reissued State Program Oversight Submittal of NPDES Permit Information 40 CFR § § 123.43 & 123.44( j) Every five years or as permits are issued Submittal of Sewage Sludge Permit Information 40 CFR § 501.14( b) Every five years or as permits are issued NPDES Quarterly, Semi Annual, and Annual Reports 40 CFR § 123.45 Quarterly, semi annually, and annually Sewage Sludge Noncompliance Reports 40 CFR § 501.21 Annually NPDES and Sewage Sludge Management State Program Requirements March 2003 8 Please see 4( c)( iv) Inspection and Investigation of NPDES Permittees.

Page 28 Exhibit 6. Annual Respondent Burden and Costs Reporting Requirement/ Citation Responses per Year Hours per Response Total Hours Respondent per Hour Labor Cost ($) Total Respondent Cost ($)

State Program Requests Request for NPDES Program Approval ( 40 CFR Part 123, Subpart B) 0.33 2,080 686 31.20 21,416 Request for NPDES Partial Program Approval ( CWA § 402( n)) 0.33 2,080 686 31.20 21,416 Request for NPDES Program Modification ( 40 CFR § 123.62) 1.33 250 333 31.20 10,374 Request for Program Transfer/ Withdrawal ( 40 CFR § § 123.63, 123.64, 501.34) 3.00 480 1,440 31.20 44,928 Request for NPDES Sludge Program Approval under 40 CFR Part 123 ( 40 CFR § 123.62) 0.00 0 0 31.20 0 Request for Sewage Sludge Program Approval under 40 CFR Part 501 ( 40 CFR Part 501.11) 3.00 750 2,250 31.20 70,200 State Program Implementation Report on Compliance Evaluation ( 40 CFR § 123.26( b)( 1)) 0.00 0 0 31.20 0 Recordkeeping of NPDES Program Information ( 40 CFR § 123.26( e)) 45.00 50 2,250 31.20 70,200 Recordkeeping for Sewage Sludge Program Implementation ( 40 CFR § 501.16) 11.00 50 550 31.20 17,160 Inspection and Investigation of NPDES permittees ( 40 CFR § § 123.26( b)( 2) & ( 3)) 18,066.40 varies8 947,897 31.20 29,574,386 Inspection of Class I Sludge Management Facilities ( 40 CFR § 501.16) 0.00 0 0 31.20 0 Certification of EPA Issued Permits ( 40 CFR § § 124.53 & 124.54) 800.00 4 3,200 31.20 99,840 State Program Oversight Submittal of NPDES Permit Information ( 40 CFR § § 123.43 and 123.44( j)) 45.00 25 1,125 31.20 35,100 Submittal of Sludge Permit Information ( 40 CFR § § 123.43 and 123.44( j)) 0.00 0 0 31.20 0 Submittal of Sewage Sludge Permit Information ( 40 CFR § 501.14( b)) 15.00 0 0 31.20 0 NPDES Quarterly, Semi Annual, and Annual Reports ( 40 CFR § 123.45) 225.00 25 5,625 31.20 175,500 Semi Annual Sludge Noncompliance Reports ( 40 CFR § 123.45) 0.00 0 0 31.20 0 Semi Annual Sludge Noncompliance Reports ( 40 CFR § 501.21) 0.00 0 0 31.20 0 Annual Sludge Noncompliance Reports ( 40 CFR § 123.45) 0.00 0 0 31.20 0 Annual Sewage Sludge Noncompliance Reports ( 40 CFR § 501.21) 11.00 84 924 31.20 28,829 Total Burden and Costs 19,226.39 966,966 30,169,349 NPDES and Sewage Sludge Management State Program Requirements March 2003 9 Please see 4.( c)( iv) Inspection and Investigation of NPDES Permittees.

Page 29 Exhibit 7. Annual Federal Burden and Costs Reporting Requirement/ Citation Responses per Year Hours per Response Total Hours Federal Hour Labor Cost Total Federal Cost State Program Requests Request for NPDES Program Approval ( 40 CFR Part 123, Subpart B) 0.33 1,248 412 32.39 13,345 Request for NPDES Partial Program Approval ( CWA § 402( n)) 0.33 1,248 412 32.39 13,345 Request for NPDES Program Modification ( 40 CFR § 123.62) 1.33 50 67 32.39 2,170 Request for Program Transfer/ Withdrawal ( 40 CFR § § 123.63, 123.64, 501.34) 3.00 240 720 32.39 23,321 Request for NPDES Sludge Program Approval under 40 CFR Part 123 ( 40 CFR § 123.62) 0.00 0 0 32.39 0 Request for Sewage Sludge Program Approval under 40 CFR Part 501 ( 40 CFR Part 501.11) 3.00 400 1,200 32.39 38,868 State Program Implementation Report on Compliance Evaluation ( 40 CFR § 123.26( b)( 1)) 0.00 0 0 32.39 0 Recordkeeping of NPDES Program Information ( 40 CFR § 123.26( e)) 45.00 0 0 32.39 0 Recordkeeping for Sewage Sludge Program Implementation ( 40 CFR § 501.16) 11.00 0 0 32.39 0 Inspection and Investigation of NPDES permittees ( 40 CFR § § 123.26( b)( 2) & ( 3)) 18,066.40 varies9 21,022 32.39 680,903 Inspection of Class I Sludge Management Facilities ( 40 CFR § 501.16) 0.00 2 0 32.39 0 Certification of EPA Issued Permits ( 40 CFR § § 124.53 & 124.54) 800.00 0 0 32.39 0 State Program Oversight Submittal of NPDES Permit Information ( 40 CFR § § 123.43 and 123.44( j)) 45.00 0 0 32.39 0 Submittal of Sludge Permit Information ( 40 CFR § § 123.43 and 123.44( j)) 0.00 0 0 32.39 0 Submittal of Sewage Sludge Permit Information ( 40 CFR § 501.14( b)) 15.00 0 0 32.39 0 NPDES Quarterly, Semi Annual, and Annual Reports ( 40 CFR § 123.45) 225.00 15 3,375 32.39 109,316 Semi Annual Sludge Noncompliance Reports ( 40 CFR § 123.45) 0.00 0 0 32.39 0 Semi Annual Sludge Noncompliance Reports ( 40 CFR § 501.21) 0.00 0 0 32.39 0 Annual Sludge Noncompliance Reports ( 40 CFR § 123.45) 0.00 0 0 32.39 0 Annual Sludge Noncompliance Reports ( 40 CFR § 501.21) 11.00 55 605 32.39 19,596 Total Burden and Costs 19,226.39 27,813 900,864 NPDES and Sewage Sludge Management State Program Requirements March 2003 10 The frequency of the information collection has been taken into account in calculating the annual number of responses. 11 Please see <IP_ADDRESS> Inspection of Class I Sewage Sludge Management Facilities Page 30 Exhibit 8. Total Annual Burden and Costs Reporting Requirement/ Citation Total Response Hours Total Response Cost ($) Total Federal Hours Total Federal Cost ($) Total Burden ( Hours) Total Cost ($)

State Program Requests Request for NPDES Program Approval ( 40 CFR Part 123, Subpart B) 686 21,416 412 13,345 1,098 34,761 Request for NPDES Partial Program Approval ( CWA § 402( n)) 686 21,416 412 13,345 1,098 34,761 Request for NPDES Program Modification ( 40 CFR § 123.62) 333 10,374 67 2,170 400 12,544 Request for Program Transfer/ Withdrawal ( 40 CFR § § 123.63, 123.64, 501.34) 1,440 44,928 720 23,321 2,160 68,249 Request for NPDES Sludge Program Approval under 40 CFR Part 123 ( 40 CFR § 123.62) 0 0 0 0 0 0 Request for Sewage Sludge Program Approval under 40 CFR Part 501 ( 40 CFR Part 501.11) 2,250 70,200 1,200 38,868 3,450 109,068 State Program Implementation Report on Compliance Evaluation ( 40 CFR § 123.26( b)( 1)) 0 0 0 0 0 0 Recordkeeping of NPDES Program Information ( 40 CFR § 123.26( e)) 2,250 70,200 0 0 2,250 70,200 Recordkeeping for Sewage Sludge Program Implementation ( 40 CFR § 501.16) 550 17,160 0 0 550 17,160 Inspection and Investigation of NPDES permittees ( 40 CFR § § 123.26( b)( 2) & ( 3)) 947,897 29,574,386 21,022 680,903 968,919 30,255,289 Inspection of Class I Sludge Management Facilities ( 40 CFR § 501.16) 0 0 0 0 0 0 Certification of EPA Issued Permits ( 40 CFR § § 124.53 & 124.54) 3,200 99,840 0 0 3,200 99,840 State Program Oversight Submittal of NPDES Permit Information ( 40 CFR § § 123.43 and 123.44( j)) 1,125 35,100 0 0 1,125 35,100 Submittal of Sludge Permit Information ( 40 CFR § § 123.43 and 123.44( j)) 0 0 0 0 0 0 Submittal of Sewage Sludge Permit Information ( 40 CFR § 501.14( b)) 0 0 0 0 0 0 NPDES Quarterly, Semi Annual, and Annual Reports ( 40 CFR § 123.45) 5,625 175,500 3,375 109,316 9,000 284,816 Semi Annual Sludge Noncompliance Reports ( 40 CFR § 123.45) 10 0 0 0 0 0 0 Semi Annual Sludge Noncompliance Reports ( 40 CFR § 501.21) 11 0 0 0 0 0 0 Annual Sludge Noncompliance Reports ( 40 CFR § 123.45) 0 0 0 0 0 0 Annual Sewage Sludge Noncompliance Reports ( 40 CFR § 501.21) 924 28,829 605 19,596 1,529 48,425 Total Burden and Costs 966,966 30,169,349 27,813 900,864 994,779 31,070,213 NPDES and Sewage Sludge Management State Program Requirements March 2003 12 The frequency of the information collection has been taken into account in calculating the annual number of responses.

Page 31 Exhibit 9. Changes in Respondent Burden Regulation/ Type of Response Previous ICR Revised ICR Change % Change Adjustment or Program Change State Program Requests Request for NPDES Program Approval ( 40 CFR Part 123, Subpart B) 686.0 686 0.0 0.0 No Change Request for NPDES Partial Program Approval ( CWA § 402( n)) 686.0 686 0.0 0.0 No Change Request for NPDES Program Modification ( 40 CFR § 123.62) 333.0 333 0.0 0.0 No Change Request for Program Transfer/ Withdrawal ( 40 CFR § § 123.63, 123.64, 501.34) 1,440.0 1,440 0.0 0.0 No Change Request for NPDES Sludge Program Approval under 40 CFR Part 123 ( 40 CFR § 123.62) 0.0 0 0.0 0.0 No Change Request for Sewage Sludge Program Approval under 40 CFR Part 501 ( 40 CFR Part 501.11) 2,250.0 2,250 0.0 0.0 No Change State Program Implementation Report on Compliance Evaluation ( 40 CFR § 123.26( b)( 1)) 0.0 0 0.0 0.0 Recordkeeping of NPDES Program Information ( 40 CFR § 123.26( e)) 2,200.0 2,250 50.0 2.3 Adjustment Recordkeeping for Sewage Sludge Program Implementation ( 40 CFR § 501.16) 450.0 550 100.0 22.2 Adjustment Inspection and Investigation of NPDES permittees ( 40 CFR § § 123.26( b)( 2) & ( 3)) 1,123,004.0 947,897  175,107.0  15.6 Adjustment Inspection of Class I Sludge Management Facilities ( 40 CFR § 501.16) 0.0 0 0.0 0.0 No Change Certification of EPA Issued Permits ( 40 CFR § § 124.53 & 124.54) 2,433.0 3,200 767.0 31.5 Adjustment State Program Oversight Submittal of NPDES Permit Information ( 40 CFR § § 123.43 and 123.44( j)) 1,056.0 1,125 69.0 6.5 Adjustment Submittal of Sludge Permit Information ( 40 CFR § § 123.43 and 123.44( j)) 0.0 0 0.0 0.0 No Change Submittal of Sewage Sludge Permit Information ( 40 CFR § 501.14( b)) 0.0 0 0.0 0.0 No Change NPDES Quarterly, Semi Annual, and Annual Reports ( 40 CFR § 123.45) 5,500.0 5,625 125.0 2.3 Adjustment Semi Annual Sludge Noncompliance Reports ( 40 CFR § 123.45) 12 0.0 0 0.0 0.0 No Change Semi Annual Sludge Noncompliance Reports ( 40 CFR § 501.21) 12 0.0 0 0.0 0.0 No Change Annual Sludge Noncompliance Reports ( 40 CFR § 123.45) 0.0 0 0.0 0.0 No Change Annual Sewage Sludge Noncompliance Reports ( 40 CFR § 501.21) 756.0 924 168.0 22.2 Adjustment ( 173,828 hrs) Program ( 0 hrs)

Totals 1,140,794 966,966  173,828  15.2 Adjustment  173,828 Program 0 NPDES and Sewage Sludge Management State Program Requirements March 2003 13 The frequency of the information collection has been taken into account in calculating the annual number of responses.

Page 32 Exhibit 10. Changes in Total Burden Regulation/ Type of Response Previous ICR Revised ICR Change % Change Adjustment or Program Change State Program Requests Request for NPDES Program Approval ( 40 CFR Part 123, Subpart B) 1,098 1,098 0 0.0 No Change Request for NPDES Partial Program Approval ( CWA § 402( n)) 1,098 1,098 0 0.0 No Change Request for NPDES Program Modification ( 40 CFR § 123.62) 400 400 0 0.0 No Change Request for Program Transfer/ Withdrawal ( 40 CFR § § 123.63, 123.64, 501.34) 2,160 2,160 0 0.0 No Change Request for NPDES Sludge Program Approval under 40 CFR Part 123 ( 40 CFR § 123.62) 0 0 0 0.0 No Change Request for Sewage Sludge Program Approval under 40 CFR Part 501 ( 40 CFR Part 501.11) 3,450 3,450 0 0.0 No Change State Program Implementation Report on Compliance Evaluation ( 40 CFR § 123.26( b)( 1)) 0 0 0 0.0 No Change Recordkeeping of NPDES Program Information ( 40 CFR § 123.26( e)) 2,200 2,250 50 2.3 Adjustment Recordkeeping for Sewage Sludge Program Implementation ( 40 CFR § 501.16) 450 550 100 22.2 Adjustment Inspection and Investigation of NPDES permittees ( 40 CFR § § 123.26( b)( 2) & ( 3)) 1,144,026 968,919  175,107  15.3 Adjustment Inspection of Class I Sludge Management Facilities ( 40 CFR § 501.16) 0 0 0 0.0 No Change Certification of EPA Issued Permits ( 40 CFR § § 124.53 & 124.54) 2,433 3,200 767 31.5 Adjustment State Program Oversight Submittal of NPDES Permit Information ( 40 CFR § § 123.43 and 123.44( j)) 1,056 1,125 69 6.5 Adjustment Submittal of Sludge Permit Information ( 40 CFR § § 123.43 and 123.44( j)) 0 0 0 0.0 No Change Submittal of Sewage Sludge Permit Information ( 40 CFR § 501.14( b)) 0 0 0 0.0 No Change NPDES Quarterly, Semi Annual, and Annual Reports ( 40 CFR § 123.45) 8,800 9,000 200 2.3 Adjustment Semi Annual Sludge Noncompliance Reports ( 40 CFR § 123.45) 13 0 0 0 0.0 No Change Semi Annual Sludge Noncompliance Reports ( 40 CFR § 501.21) 13 0 0 0 0.0 No Change Annual Sludge Noncompliance Reports ( 40 CFR § 123.45) 0 0 0 0.0 No Change Annual Sewage Sludge Noncompliance Reports ( 40 CFR § 501.21) 1,251 1,529 278 22.2 Adjustment Totals 1,168,422 994,779  173,643  14.9 Adjustment  173,643 Program 0 NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 33 Attachment 1. Indian Tribal Entities Within The Contiguous 48 States Recognized And Eligible to Receive Services From The United States Bureau of Indian Affairs List of Federally Recognized American Indian Tribes in the contiguous 48 states and in Alaska as of December 30, 1998. There have been 11 new tribal entities added to the list. The listed entities are acknowledged to have the immunities and privileges available to federally acknowledged Indian tribes by virtue of their government to government relationship with the United States as well as the responsibilities, powers, limitations and obligations of such tribes.

ALABAMA 1 Poarch Band of Creek Indians of Alabama ALASKA 2 Agdaagux Tribe of King Cove 3 Akiachak Native Community 4 Akiak Native Community 5 Alatna Village 6 Algaaciq Native Village ( St. Mary's)

7 Allakaket Village 8 Angoon Community Association 9 Anvik Village 10 Arctic Village ( See Native Village of Venetie Tribal Government)

11 Asa'carsarmiut Tribe ( formerly Native Village of Mountain Village)

12 Atqasuk Village ( Atkasook)

13 Beaver Village 14 Birch Creek Village 15 Central Council of the Tlingit & Haida Indian Tribes 16 Chalkyitsik Village 17 Chevak Native Village 18 Chickaloon Native Village 19 Chignik Lake Village 20 Chilkat Indian Village ( Kluckwan)

21 Chilkoot Indian Association ( Haines)

22 Chinik Eskimo Community ( Golovin)

23 Chuloonawick Native Village 24 Circle Native Community 25 Craig Community Association 26 Curyung Tribal Council ( formerly Native Village of Dillingham)

27 Douglas Indian Association 28 Egegik Village 29 Eklutna Native Village 30 Ekwok Village 31 Emmonak Village NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 34 32 Evansville Village ( AKA Bettles Field)

33 Galena Village ( AKA Louden Village)

34 Gulkana Village 35 Healy Lake Village 36 Holy Cross Village 37 Hoonah Indian Association 38 Hughes Village 39 Huslia Village 40 Hydaburg Cooperative Association 41 Igiugig Village 42 Inupiat Community of the Arctic Slope 43 Iqurmuit Traditional Council ( formerly Native Village of Russian Mission)

44 Ivanoff Bay Village 45 Kaguyak Village 46 Kaktovik Village ( AKA Barter Island)

47 Kenaitze Indian Tribe 48 Ketchikan Indian Corporation 49 King Island Native Community 50 Klawock Cooperative Association 51 Knik Tribe 52 Kokhanok Village 53 Koyukuk Native Village 54 Levelock Village Lesnoi Village ( AKA Woody Island)

55 Lime Village 56 Manley Hot Springs Village 57 Manokotak Village 58 McGrath Native Village 59 Mentasta Traditional Council ( formerly Mentasta Lake Village)

60 Metlakatla Indian Community, Annette Island Reserve 61 Naknek Native Village 62 Native Village of Akhiok 63 Native Village of Akutan 64 Native Village of Aleknagik 65 Native Village of Ambler 66 Native Village of Atka 67 Native Village of Barrow Inupiat Traditional Government ( formerly Native Village of Barrow)

68 Native Village of Belkofski 69 Native Village of Brevig Mission 70 Native Village of Buckland 71 Native Village of Cantwell 72 Native Village of Chanega ( aka Chenega)

73 Native Village of Chignik NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 35 74 Native Village of Chignik Lagoon 75 Native Village of Chistochina 76 Native Village of Chitina 77 Native Village of Chuathbaluk ( Russian Mission, Kuskokwim)

78 Native Village of Council 79 Native Village of Deering 80 Native Village of Diomede ( AKA Inalik)

81 Native Village of Eagle 82 Native Village of Eek 83 Native Village of Ekuk 84 Native Village of Elim 85 Native Village of Eyak ( Cordova)

86 Native Village of False Pass 87 Native Village of Fort Yukon 88 Native Village of Gakona 89 Native Village of Gambell 90 Native Village of Georgetown 91 Native Village of Goodnews Bay 92 Native Village of Hamilton 93 Native Village of Hooper Bay 94 Native Village of Kanatak 95 Native Village of Karluk 96 Native Village of Kasigluk 97 Native Village of Kiana 98 Native Village of Kipnuk 99 Native Village of Kivalina 100 Native Village of Kluti Kaah ( AKA Copper Center)

101 Native Village of Kobuk 102 Native Village of Kongiganak 103 Native Village of Kotzebue 104 Native Village of Koyuk 105 Native Village of Kwigillingok 106 Native Village of Kwinhagak ( AKA Quinhagak)

107 Native Village of Larsen Bay 108 Native Village of Marshall ( AKA Fortuna Ledge)

109 Native Village of Mary's Igloo 110 Native Village of Mekoryuk 111 Native Village of Minto 112 Native Village of Nanwalek ( AKA English Bay)

113 Native Village of Napaimute 114 Native Village of Napakiak 115 Native Village of Napaskiak NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 36 116 Native Village of Nelson Lagoon 117 Native Village of Nightmute 118 Native Village of Nikolski 119 Native Village of Noatak 120 Native Village of Nuiqsut ( AKA Nooiksut)

121 Native Village of Nunapitchuk 122 Native Village of Ouzinkie 123 Native Village of Paimiut 124 Native Village of Perryville 125 Native Village of Pilot Point 126 Native Village of Pitka's Point 127 Native Village of Point Hope 128 Native Village of Point Lay 129 Native Village of Port Graham 130 Native Village of Port Heiden 131 Native Village of Port Lions 132 Native Village of Ruby 133 Native Village of Saint Michael 134 Native Village of Savoonga 135 Native Village of Scammon Bay 136 Native Village of Selawik 137 Native Village of Shaktoolik 138 Native Village of Sheldon's Point 139 Native Village of Shishmaref 140 Native Village of Shungnak 141 Native Village of Stevens 142 Native Village of Tanacross 143 Native Village of Tanana 144 Native Village of Tatitlek 145 Native Village of Tazlina 146 Native Village of Teller 147 Native Village of Tetlin 148 Native Village of Toksook Bay 149 Native Village of Tuntutuliak 150 Native Village of Tununak 151 Native Village of Tyonek 152 Native Village of Unalakleet 153 Native Village of Unga 154 Native Village of Venetie Tribal Government ( Arctic Village and Village of Venetie)

155 Native Village of Wales 156 Native Village of White Mountain 157 Nenana Native Association NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 37 158 New Koliganek Village Council ( formerly Koliganek Village)

159 New Stuyahok Village 160 Newhalen Village 161 Newtok Village 162 Nikolai Village 163 Ninilchik Village 164 Nome Eskimo Community 165 Nondalton Village 166 Noorvik Native Community 167 Northway Village 168 Nulato Village 169 Organized Village of Grayling ( AKA Holikachuk)

170 Organized Village of Kake 171 Organized Village of Kasaan 172 Organized Village of Kwethluk 173 Organized Village of Saxman 174 Orutsararmuit Native Village ( AKA Bethel)

175 Oscarville Traditional Village 176 Pauloff Harbor Village 177 Pedro Bay Village 178 Petersburg Indian Association 179 Pilot Station Traditional Village 180 Platinum Traditional Village 181 Portage Creek Village ( AKA Ohgsenakale)

182 Pribilof Islands Aleut Communities of St. Paul & St. George Island 183 Qagan Toyagungin Tribe of Sand Point Village 184 Qawalangin Tribe of Unalaska 185 Rampart Village 186 Saint George ( See Pribilof Islands Aleut Communities of St. Paul & St. George Islands)

187 Saint Paul ( See Pribilof Islands Aleut Communities of St. Paul & St. George Islands)

188 Seldovia Village Tribe 189 Shageluk Native Village 190 Sitka Tribe of Alaska 191 Skagway Village 192 South Naknek Village 193 Stebbins Community Association 194 Takotna Village 195 Telida Village 196 Traditional Village of Togiak 197 Tuluksak Native Community 198 Twin Hills Village 199 Ugashik Village NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 38 200 Umkumiute Native Village 201 Village of Afognak 202 Village of Alakanuk 203 Village of Anaktuvuk Pass 204 Village of Aniak 205 Village of Atmautluak 206 Village of Bill Moore's Slough 207 Village of Chefornak 208 Village of Clark's Point 209 Village of Crooked Creek 210 Village of Dot Lake 211 Village of Iliamna 212 Village of Kalskag 213 Village of Kaltag 214 Village of Kotlik 215 Village of Lower Kalskag 216 Village of Ohogamiut 217 Village of Old Harbor 218 Village of Red Devil 219 Village of Salamatoff 220 Village of Sleetmute 221 Village of Solomon 222 Village of Stony River 223 Village of Venetie ( See Native Village of Venetie Tribal Government)

224 Village of Wainwright 225 Wrangell Cooperative Association 226 Yakutat Tlingit Tribe 227 Yupiit of Andreafski ARIZONA 228 Ak Chin Indian Community of the Maricopa ( Ak Chin) Indian Reservation 229 Cocopah Tribe 230 Colorado River Indian Tribes of the Colorado River Indian Reservation 231 Fort McDowell Mohave Apache Community of the Fort McDowell Indian Reservation 232 Fort Mojave Indian Tribe 233 Gila River Indian Community of the Gila River Indian Reservation 234 Havasupai Tribe of the Havasupai Reservation 235 Hopi Tribe 236 Hualapai Indian Tribe of the Hualapai Indian Reservation 237 Kaibab Band of Paiute Indians of the Kaibab Indian Reservation 238 Navajo Nation 239 Pascua Yaqui Tribe 240 Quechan Tribe of the Fort Yuma Indian Reservation NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 39 241 Salt River Pima Maricopa Indian Community of the Salt River Reservation 242 San Carlos Apache Tribe of the San Carlos Reservation 243 San Juan Southern Paiute Tribe 244 Tohono O'odham Nation 245 Tonto Apache Tribe 246 White Mountain Apache Tribe of the Fort Apache Reservation 247 Yavapai Apache Nation of the Camp Verde Indian Reservation 248 Yavapai Prescott Tribe of the Yavapai Reservation CALIFORNIA 249 Agua Caliente Band of Cahuilla Indians of the Agua Caliente Indian Reservation 250 Alturas Indian Rancheria 251 Augustine Band of Cahuilla Mission Indians of the Augustine Reservation 252 Barona Group of Capitan Grande Band of Mission Indians of the Barona Reservation 253 Bear River Band of the Rohnerville Rancheria 254 Berry Creek Rancheria of Maidu Indians 255 Big Lagoon Rancheria 256 Big Pine Band of Owens Valley Paiute Shoshone Indians of the Big Pine Reservation 257 Big Sandy Rancheria of Mono Indians 258 Big Valley Rancheria of Pomo & Pit River Indians 259 Blue Lake Rancheria 260 Bridgeport Paiute Indian Colony 261 Buena Vista Rancheria of Me Wuk Indians 262 Cabazon Band of Cahuilla Mission Indians of the Cabazon Reservation 263 Cachil DeHe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria 264 Cahto Indian Tribe of the Laytonville Rancheria 265 Cahuilla Band of Mission Indians of the Cahuilla Reservation 266 Campo Band of Diegueno Mission Indians of the Campo Indian Reservation 267 Capitan Grande Band of Diegueno Mission Indians 268 Cedarville Rancheria 269 Chemehuevi Indian Tribe of the Chemehuevi Reservation 270 Cher Ae Heights Indian Community of the Trinidad Rancheria 271 Chicken Ranch Rancheria of Me Wuk Indians 272 Cloverdale Rancheria of Pomo Indians 273 Cold Springs Rancheria of Mono Indians 274 Colorado River Indian Tribes of the Colorado River Indian Reservation 275 Cortina Indian Rancheria of Wintun Indians 276 Coyote Valley Band of Pomo Indians 277 Cuyapaipe Community of Diegueno Mission Indians of the Cuyapaipe Reservation 278 Death Valley Timbi Sha Shoshone Band 279 Dry Creek Rancheria of Pomo Indians 280 Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria 281 Elk Valley Rancheria NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 40 282 Enterprise Rancheria of Maidu Indians 283 Fort Bidwell Indian Community of the Fort Bidwell Reservation 284 Fort Independence Indian Community of Paiute Indians of the Fort Independence Reservation 285 Fort Mojave Indian Tribe 286 Greenville Rancheria of Maidu Indians 287 Grindstone Indian Rancheria of Wintun Wailaki Indians 288 Guidiville Rancheria 289 Hoopa Valley Tribe 290 Hopland Band of Pomo Indians of the Hopland Rancheria 291 Inaja Band of Diegueno Mission Indians of the Inaja and Cosmit Reservation 292 Ione Band of Miwok Indians 293 Jackson Rancheria of Me Wuk Indians 294 Jamul Indian Village 295 Karuk Tribe 296 Kashia Band of Pomo Indians of the Stewarts Point Rancheria 297 La Jolla Band of Luiseno Mission Indians of the La Jolla Reservation 298 La Posta Band of Diegueno Mission Indians of the La Posta Indian Reservation 299 Los Coyotes Band of Cahuilla Mission Indians of the Los Coyotes Reservation 300 Lytton Rancheria 301 Manchester Band of Pomo Indians of the Manchester Point Arena Rancheria 302 Manzanita Band of Diegueno Mission Indians of the Manzanita Reservation 303 Mechoopda Indian Tribe of Chico Rancheria 304 Mesa Grande Band of Diegueno Mission Indians of the Mesa Grande Reservation 305 Middletown Rancheria of Pomo Indians 306 Mooretown Rancheria of Maidu Indians 307 Morongo Band of Cahuilla Mission Indians of the Morongo Reservation 308 Northfork Rancheria of Mono Indians 309 Paiute Shoshone Indians of the Bishop Community of the Bishop Colony 310 Paiute Shoshone Indians of the Lone Pine Community of the Lone Pine Reservation 311 Pala Band of Luiseno Mission Indians of the Pala Reservation 312 Paskenta Band of Nomlaki Indians 313 Pauma Band of Luiseno Mission Indians of the Pauma & Yuima Reservation 314 Pechanga Band of Luiseno Mission Indians of the Pechanga 315 Pinoleville Rancheria of Pomo Indians of California 316 Pit River Tribe ( includes Big Bend, Lookout, Montgomery Creek & Roaring Creek Rancherias & XL Ranch 317 Potter Valley Rancheria of Pomo Indians 318 Quartz Valley Indian Community of the Quartz Valley Reservation 319 Quechan Tribe of the Fort Yuma Indian Reservation 320 Ramona Band or Village of Cahuilla Mission Indians 321 Redding Rancheria NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 41 322 Redwood Valley Rancheria of Pomo Indians 323 Reservation Picayune Rancheria of Chukchansi Indians 324 Resighini Rancheria ( formerly known as the Coast Indian Community of Yurok Indians of the Resighini Rancheria 325 Rincon Band of Luiseno Mission Indians of the Rincon Reservation 326 Robinson Rancheria of Pomo Indians 327 Round Valley Indian Tribes of the Round Valley Reservation ( formerly known as the Covelo Indian Community)

328 Rumsey Indian Rancheria of Wintun Indians 329 San Manual Band of Serrano Mission Indians of the San Manual Reservation 330 San Pasqual Band of Diegueno Mission Indians 331 Santa Rosa Band of Cahuilla Mission Indians of the Santa Rosa Reservation 332 Santa Rosa Indian Community of the Santa Rosa Rancheria 333 Santa Ynez Band of Chumash Mission Indians of the Santa Ynez Reservation 334 Santa Ysabel Band of Diegueno Mission Indians of the Santa Ysabel Reservation 335 Scotts Valley Band of Pomo Indians 336 Sheep Ranch Rancheria of Me Wuk Indians 337 Sherwood Valley Rancheria of Pomo Indians 338 Shingle Springs Band of Miwok Indians, Shingle Springs Rancheria ( Verona Tract)

339 Smith River Rancheria 340 Soboba Band of Luiseno Mission Indians of the Soboba Reservation 341 Susanville Indian Rancheria 342 Sycuan Band of Diegueno Mission Indians 343 Table Bluff Reservation  Wiyot Tribe 344 Table Mountain Rancheria 345 Torres Martinez Band of Cahuilla Mission Indians 346 Tule River Indian Tribe of the Tule River Reservation 347 Tuolumne Band of Me Wuk Indians of the Tuolumne Rancheria 348 Twenty Nine Palms Band of Luiseno Mission Indians 349 United Auburn Indian Community of the Auburn Rancheria 350 Upper Lake Band of Pomo Indians of Upper Lake Rancheria 351 Utu Utu Gwaitu Paiute Tribe of the Benton Paiute Reservation 352 Viejas ( Baron Long) Group of Capitan Grande Band of Mission Indians of the Viejas Reservation 353 Washoe Tribe of Nevada & California ( Carson Colony, Dresslerville Colony Woodfords Community, Stewart Community, & Washoe Ranches)

354 Yurok Tribe of the Yurok Reservation COLORADO 355 Southern Ute Indian Tribe of the Southern Ute Reservation CONNECTICUT 356 Mashantucket Pequot Tribe 357 Mohegan Indian Tribe FLORIDA NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 42 358 Miccosukee Tribe of Indians 359 Seminole Tribe of Florida, Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations IDAHO 360 Coeur D'Alene Tribe of the Coeur D'Alene Reservation 361 Kootenai Tribe 362 Nez Perce Tribe 363 Shoshone Bannock Tribes of the Fort Hall Reservation IOWA 364 Sac & Fox Tribe of the Mississippi KANSAS 365 Iowa Tribe 366 Kickapoo Tribe of Indians of the Kickapoo Reservation 367 Prairie Band of Potawatomi Indians 368 Sac & Fox Nation of Missouri LOUISIANA 369 Chitimacha Tribe 370 Coushatta Tribe 371 Jena Band of Choctaw Indians 372 Tunica Biloxi Indian Tribe MAINE 373 Aroostook Band of Micmac Indians 374 Houlton Band of Maliseet Indians 375 Passamaquoddy Tribe 376 Penobscot Tribe MASSACHUSETTS 377 Wampanoag Tribe of Gay Head ( Aquinnah)

MICHIGAN 378 Bay Mills Indian Community of the Sault Ste. Marie Band of Chippewa Indians, Bay Mills Reservation 379 Grand Traverse Band of Ottawa & Chippewa Indians 380 Hannahville Indian Community of Wisconsin Potawatomie Indians 381 Huron Potawatomi, Inc.

382 Keweenaw Bay Indian Community of L'Anse and Ontonagon Bands of Chippewa Indians of the L'Anse Reservation 383 Lac Vieux Desert Band of Lake Superior Chippewa Indians 384 Little River Band of Ottawa Indians 385 Little Traverse Bay Bands of Odawa Indians 386 Pokagon Band of Potawatomi Indians 387 Saginaw Chippewa Indian Tribe, Isabella Reservation 388 Sault Ste. Marie Tribe of Chippewa Indians MINNESOTA 389 Lower Sioux Indian Community of Minnesota Mdewakanton Sioux Indians of the Lower Sioux Reservation NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 43 390 Minnesota Chippewa Tribe ( Six component reservations: Bois Forte Band ( Nett Lake); Fond du Lac Band; Grand Portage Band; Leech Lake Band; Mille Lacs Band; White Earth Band)

391 Prairie Island Indian Community of Minnesota Mdewakanton Sioux Indians of the Prairie Island Reservation 392 Red Lake Band of Chippewa Indians of the Red Lake Reservation 393 Shakopee Mdewakanton Sioux Community ( Prior Lake)

394 Upper Sioux Indian Community of the Upper Sioux Reservation MISSISSIPPI 395 Mississippi Band of Choctaw Indians MONTANA 396 Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation 397 Blackfeet Tribe of the Blackfeet Indian Reservation 398 Chippewa Cree Indians of the Rocky Boy's Reservation 399 Confederated Salish & Kootenai Tribes of the Flathead Reservation 400 Crow Tribe 401 Fort Belknap Indian Community of the Fort Belknap Reservation 402 Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation NEBRASKA 403 Iowa Tribe 404 Omaha Tribe 405 Ponca Tribe 406 Sac & Fox Nation of Missouri 407 Santee Sioux Tribe of the Santee Reservation 408 Winnebago Tribe NEVADA 409 Confederated Tribes of the Goshute Reservation 410 Duckwater Shoshone Tribe of the Duckwater Reservation 411 Ely Shoshone Tribe 412 Fort McDermitt Paiute and Shoshone Tribes of the Fort McDermitt Indian Reservation 413 Fort Mojave Indian Tribe of Arizona 414 Las Vegas Tribe of Paiute Indians of the Las Vegas Indian Colony 415 Lovelock Paiute Tribe of the Lovelock Indian Colony 416 Moapa Band of Paiute Indians of the Moapa River Indian Reservation 417 Paiute Shoshone Tribe of the Fallon Reservation and Colony 418 Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation 419 Reno Sparks Indian Colony 420 Shoshone Paiute Tribes of the Duck Valley Reservation 421 Summit Lake Paiute Tribe 422 Te Moak Tribes of Western Shoshone Indians ( Four constituent bands: Battle Mountain Band; Elko Band; South Fork Band and Wells Band)

423 Walker River Paiute Tribe of the Walker River Reservation 424 Washoe Tribe of Nevada & California ( Carson Colony, Dresslerville Colony, Woodfords Community, Stewart Community, & Washoe Ranches) NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 44 425 Winnemucca Indian Colony 426 Yerington Paiute Tribe of the Yerington Colony & Campbell Ranch 427 Yomba Shoshone Tribe of the Yomba Reservation NEW MEXICO 428 Jicarilla Apache Tribe of the Jicarilla Apache Indian Reservation 429 Mescalero Apache Tribe of the Mescalero Reservation 430 Navajo Nation 431 Pueblo of Acoma 432 Pueblo of Cochiti 433 Pueblo of Isleta 434 Pueblo of Jemez 435 Pueblo of Laguna 436 Pueblo of Nambe 437 Pueblo of Picuris 438 Pueblo of Pojoaque 439 Pueblo of San Felipe 440 Pueblo of San Ildefonso 441 Pueblo of San Juan 442 Pueblo of Sandia 443 Pueblo of Santa Ana 444 Pueblo of Santa Clara 445 Pueblo of Santo Domingo 446 Pueblo of Taos 447 Pueblo of Tesuque 448 Pueblo of Zia 449 Ute Mountain Tribe of the Ute Mountain Reservation 450 Zuni Tribe of the Zuni Reservation NEW YORK 451 Cayuga Nation 452 Oneida Nation 453 Onondaga Nation 454 Seneca Nation 455 St. Regis Band of Mohawk Indians 456 Tonawanda Band of Seneca Indians 457 Tuscarora Nation NORTH CAROLINA 458 Eastern Band of Cherokee Indians NORTH DAKOTA 459 Spirit Lake Tribe ( formerly known as the Devils Lake Sioux Tribe)

460 Standing Rock Sioux Tribe 461 Three Affiliated Tribes of the Fort Berthold Reservation 462 Turtle Mountain Band of Chippewa Indians NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 45 OKLAHOMA 463 Absentee Shawnee Tribe of Indians 464 Alabama Quassarte Tribal Town 465 Apache Tribe 466 Caddo Indian Tribe 467 Cherokee Nation of Oklahoma 468 Cheyenne Arapaho Tribes 469 Chickasaw Nation 470 Choctaw Nation 471 Citizen Potawatomi Nation 472 Comanche Indian Tribe 473 Delaware Tribe of Indians 474 Delaware Tribe of Western Oklahoma 475 Eastern Shawnee Tribe 476 Fort Sill Apache Tribe 477 Iowa Tribe 478 Kaw Nation 479 Kialegee Tribal Town 480 Kickapoo Tribe 481 Kiowa Indian Tribe 482 Miami Tribe 483 Modoc Tribe 484 Muscogee ( Creek) Nation 485 Osage Tribe 486 Otoe Missouria Tribe of Indians 487 Ottawa Tribe 488 Pawnee Indian Tribe 489 Peoria Tribe of Indians 490 Ponca Tribe of Indians 491 Quapaw Tribe of Indians 492 Sac & Fox Nation 493 Seminole Nation of Oklahoma 494 Seneca Cayuga Tribe 495 Thlopthlocco Tribal Town 496 Tonkawa Tribe of Indians 497 United Keetoowah Band of Cherokee Indians 498 Wichita and Affiliated Tribes ( Wichita, Keechi, Waco & Tawakonie)

499 Wyandotte Tribe OREGON 500 Burns Paiute Tribe of the Burns Paiute Indian Colony 501 Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians 502 Confederated Tribes of the Grand Ronde Community NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 46 503 Confederated Tribes of the Siletz Reservation 504 Confederated Tribes of the Umatilla Indian Reservation 505 Confederated Tribes of the Warm Springs Reservation of Oregon 506 Coquille Tribe 507 Cow Creek Band of Umpqua Indians 508 Fort McDermitt Paiute and Shoshone Tribes of the Fort McDermitt Indian Reservation 509 Klamath Indian Tribe RHODE ISLAND 510 Narragansett Indian Tribe SOUTH CAROLINA 511 Catawba Indian Nation ( aka Catawba Tribe of South Carolina)

SOUTH DAKOTA 512 Cheyenne River Sioux Tribe of the Cheyenne River Reservation 513 Crow Creek Sioux Tribe of the Crow Creek Reservation 514 Lower Brule Sioux Tribe of the Lower Brule Reservation 515 Oglala Sioux Tribe of the Pine Ridge Reservation 516 Rosebud Sioux Tribe of the Rosebud Indian Reservation 517 Sisseton Wahpeton Sioux Tribe of the Lake Traverse Reservation 518 Standing Rock Sioux Tribe 519 Yankton Sioux Tribe TEXAS 520 Alabama Coushatta Tribes 521 Kickapoo Traditional Tribe 522 Ysleta Del Sur Pueblo UTAH 523 Confederated Tribes of the Goshute Reservation 524 Navajo Nation 525 Northwestern Band of Shoshoni Nation ( Washakie)

526 Paiute Indian Tribe 527 Skull Valley Band of Goshute Indians 528 Ute Indian Tribe of the Uintah & Ouray Reservation 529 Ute Mountain Tribe of the Ute Mountain Reservation WASHINGTON 530 Confederated Tribes and Bands of the Yakama Indian Nation of the Yakama Reservation 531 Confederated Tribes of the Chehalis Reservation 532 Confederated Tribes of the Colville Reservation 533 Hoh Indian Tribe of the Hoh Indian Reservation 534 Jamestown S'Klallam Tribe 535 Kalispel Indian Community of the Kalispel Reservation 536 Lower Elwha Tribal Community of the Lower Elwha Reservation 537 Lummi Tribe of the Lummi Reservation 538 Makah Indian Tribe of the Makah Indian Reservation NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 47 539 Nisqually Indian Tribe of the Nisqually Reservation 540 Nooksack Indian Tribe 541 Port Gamble Indian Community of the Port Gamble Reservation 542 Puyallup Tribe of the Puyallup Reservation 543 Quileute Tribe of the Quileute Reservation 544 Quinault Tribe of the Quinault Reservation 545 Samish Indian Tribe 546 Sauk Suiattle Indian Tribe 547 Shoalwater Bay Tribe of the Shoalwater Bay Indian Reservation 548 Skokomish Indian Tribe of the Skokomish Reservation 549 Spokane Tribe of the Spokane Reservation 550 Squaxin Island Tribe of the Squaxin Island Reservation 551 Stillaguamish Tribe 552 Suquamish Indian Tribe of the Port Madison Reservation 553 Swinomish Indians of the Swinomish Reservation 554 Tulalip Tribes of the Tulalip Reservation 555 Upper Skagit Indian Tribe WISCONSIN 556 Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation 557 Ho Chunk Nation ( formerly known as the Wisconsin Winnebago Tribe)

558 Lac Courte Oreilles Band of Lake Superior Chippewa Indians of the Lac Courte Oreilles Reservation 559 Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation 560 Menominee Indian Tribe 561 Oneida Tribe 562 Red Cliff Band of Lake Superior Chippewa Indians 563 Sokaogon Chippewa Community of the Mole Lake Band of Chippewa Indians 564 St. Croix Chippewa Indians 565 Stockbridge Munsee Community of Mohican Indians WYOMING 566 Arapahoe Tribe of the Wind River Reservation 567 Shoshone Tribe of the Wind River Reservation NPDES and Sewage Sludge Management State Program Requirements March 2003 Page 48 Attachment 2. State, Tribes, and U. S. Territories, NPDES/ Sludge Program Status Approved NPDES Program Approved to Regulate Federal Facilities Approved Pretreatment Program Approved General Permits Program Approved Sludge Program Alabama

Alaska American Samoa Arkansas

Arizona

California

Colorado

Connecticut

Delaware

District of Columbia Florida

Georgia

Guam Hawaii

Idaho Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire New Jersey

New Mexico New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pacific Trust Territories Pennsylvania

Puerto Rico Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virgin Islands

Virginia

Washington

West Virginia

Wisconsin

Wyoming

Federally Recognized Indian Tribes Totals 44 39 33 44 5