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View ICR - OIRA Conclusion



2040-0071 200005-2040-001
Historical Active 199903-2040-001
EPA/OW
National Water Quality Inventory Reports (TMDL Final Rule: Clean Water Act Sections 305(b), 303(d), 314(a) and 106(e)).
Revision of a currently approved collection   No
Regular
Approved without change 07/10/2000
Retrieve Notice of Action (NOA) 05/22/2000
This information collection request, submitted to OMB under the provisions of 5 CFR 1320.11, is approved for three years pursuant to 5 CFR 1320.11(g), subject to the following terms of clearance. OMB notes that this ICR, associated with EPA's proposed rule revising its regulatory requirements for establishing Total Maximum Daily Loads (TMDLs) and amending the National Pollutant Discharge Elimination System regulations under the Clean Water Act, was submitted following publication of the proposed rule, as specified in the preamble to the proposed rule at 64 FR 46043. Since the ICR was received by OMB, EPA has supplemented the supporting statement with information intended to reflect changes made between the proposed and final rule. Nevertheless, OMB is concerned that the ICR may not fully reflect all of the changes associated with EPA's final rule. Specifically, OMB is concerned that EPA may not have accounted for the following potential sources of burden associated with the final rule: -- additional burden to States associated with revising TMDLs for Part 3 waterbodies for which a State or EPA determines that substantial progress towards attaining water quality standards is not being made; -- additional burden to States associated with reasonable revisions to the methodology for setting priorities required by 40 CFR 130.23 and 130.24; -- additional burden to States associated with making future listing decisions using the new listing format required by 40 CFR 130.27; OMB notes that some of this burden may not be borne during the three-year period for which this collection is approved. Nevertheless, EPA should account for the burden, and include it in future ICRs. OMB also notes that EPA has failed to account for financial (non-labor) costs associated with the final rule. EPA should provide OMB an estimate of these costs, including costs associated with monitoring, public notification, storage and processing of public comments by States, mailing and photocopying the various materials the rule requires to be submitted to EPA or other parties, and any other costs that the supporting statement does not account. EPA should also provide more complete documentation of the basis for its estimates of the burden hours associated with individual aspects of the collection. In addition, EPA should submit to OMB a detailed line-item accounting of the burden associated with carrying out the implementation plan required by 40 CFR 130.32(b)(11) and 130.32(c). Within sixty days of implementing the final rule, EPA should submit to OMB documentation addressing the issues described above, and, as appropriate, amend its estimated of burden hours and costs associated with the collection. At that time, EPA may amend its burden estimate to reflect any changes in the expected schedule for implementing the final rule. EPA also agrees to work with OMB in developing guidance for States to assist them in developing the benefit-cost analyses required by Clean Water Act section 305(b).
  Inventory as of this Action Requested Previously Approved
07/31/2003 07/31/2003 04/30/2003
59 0 59
4,489,147 0 245,676
0 0 0