FR 2025-03281

Overview

Title

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for Stormwater Discharges From Construction Activities (Renewal)

Agencies

ELI5 AI

The EPA is asking for approval to continue a system that helps limit water pollution from construction sites. They want to add new rules that will take more time and money for people who build things, which could make the total cost go up.

Summary AI

The Environmental Protection Agency (EPA) has submitted a request to renew the 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for stormwater discharges from construction activities. This renewal request, which is part of the Paperwork Reduction Act process, is necessary as the current permit is set to expire on February 28, 2025. The public can comment on this proposal until March 31, 2025. The renewal will affect approximately 3,631 operators per year and involves changes like new questions and requirements for notices and inspections, contributing to an increased estimated cost of over $15 million per year.

Abstract

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for Stormwater Discharges from Construction Activities (EPA ICR Number 2686.03, OMB Control Number 2040-0305), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through February 28, 2025. Public comments were previously requested via the Federal Register on November 14, 2024 during a 60-day comment period. This notice allows for an additional 30 days for public comments.

Type: Notice
Citation: 90 FR 10921
Document #: 2025-03281
Date:
Volume: 90
Pages: 10921-10922

AnalysisAI

The document from the Environmental Protection Agency (EPA) details a proposed renewal of the 2022 National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP). This permit governs stormwater discharges from construction activities, ensuring that pollutants are minimized. The request for renewal is part of the Paperwork Reduction Act process, necessitated by the impending expiration of the current permit on February 28, 2025. The public is encouraged to submit comments on this renewal until March 31, 2025.

Summary and Key Issues

The proposal indicates several changes to current practices, including new requirements for notices and inspections, which seem to aim at enhancing the permit's effectiveness. However, there are notable gaps in the explanation of these changes. For instance, the increase in the hourly labor rate from $62.77 to $73.47 is mentioned without detailed justification, which makes it difficult to fully understand the rationale behind such cost escalation. Furthermore, the increase in the estimated number of respondents from 2,600 to 3,631 per year raises questions about what drives this anticipated growth and whether it truly reflects market conditions or administrative adjustments.

Another critical point omitted in the document is a detailed breakdown of how the estimated annual cost of $15,610,581 is calculated. Without this, stakeholders might find it challenging to assess whether funds are being appropriately allocated and utilized efficiently.

Impact on the Public

For the general public, the document represents a commitment by regulatory bodies to mitigate environmental impacts from construction activities, a vital step towards sustainable development. The proposed changes may lead to improved water quality and environmental health, benefiting communities in areas affected by construction runoffs.

Implications for Stakeholders

For operators in the construction industry, the renewal could imply stricter regulatory compliance and possibly increased operational costs due to added requirements. The introduction of new notice questions, dewatering inspections, and turbidity monitoring points to an increased administrative burden. However, some construction businesses may view these changes positively, seeing them as an opportunity to demonstrate environmental stewardship.

Conclusion

Overall, the document underscores an essential regulatory function that balances environmental protection needs with industry operation. Yet, the lack of detailed explanations for the increased cost and number of respondents might lead to skepticism or concern among stakeholders. Greater transparency regarding the changes, the rationales behind them, and the cost analysis could enhance understanding and acceptance among the affected parties. Future communications could benefit from simplifying technical jargon, making the document more accessible to a broader audience, thereby encouraging informed public participation.

Financial Assessment

The document outlines the financial elements associated with the renewal of the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) for Stormwater Discharges from Construction Activities. The Environmental Protection Agency (EPA) has put forward several key financial estimates and references, which are critical for evaluating the potential impacts on stakeholders, especially those operating in construction sectors under federal water quality regulations.

Summary of Financial Allocations

The document discusses an estimated $15,610,581 per year as the total information collection cost for the NPDES 2022 Construction General Permit. This figure represents the expenses necessary to cover various operational and compliance tasks involved in managing stormwater discharges under the specified permit. Additionally, the annual cost increase of approximately $5,973,563 is noted, which is attributed to changes in labor rates and an increase in the number of respondents.

Labor Costs and Rate Increases

A pivotal component of the financial references is the change in labor rates, which have increased from $62.77 to $73.47 per hour. This increase directly contributes to the rise in total estimated costs. However, the document fails to provide a detailed explanation or justification for this increase in labor rates. It leaves readers with unanswered questions about the market or regulatory factors driving these changes.

Increase in Respondents

The document identifies an increase in the number of respondents from 2,600 to 3,631 operators per year. This growth leads to an additional 73,816 burden hours per year, subsequently affecting the associated costs. Nevertheless, there is no detailed breakdown or explanation of why there is an increase in respondents. Understanding the reasons behind this spike is crucial for stakeholders who need to prepare for potentially higher compliance burdens and costs.

Lack of Detailed Financial Breakdown

While the annual cost of $15,610,581 is clear, the document does not provide an explicit breakdown of how these costs are derived. Without a detailed financial allocation description, stakeholders are challenged in assessing the cost efficiency and budgetary fairness of the planned activities. Transparent financial articulation would aid in auditing and understanding the administration's fiscal management.

Conclusion

In summary, the document presents critical financial details about the NPDES 2022 CGP but lacks sufficient explanation and transparency in several areas. The identified gaps in labor rate justification, respondent increase rationale, and cost allocation breakdown highlight the need for more accessible and detailed financial communication. These improvements are essential for engaging stakeholders effectively and ensuring compliance plans are efficiently and transparently funded.

Issues

  • • The document does not provide detailed explanations or justifications for the increased labor rate from $62.77 per hour to $73.47 per hour, which is essential for understanding cost increases.

  • • The estimated increase in respondents from 2,600 to 3,631 operators per year is not explained in detail, which could be important for understanding the increase in expected activity and costs.

  • • There is no explicit breakdown of how the $15,610,581 annual cost is derived, making it difficult to audit the efficiency of the budget allocation.

  • • The description of changes to information collection requirements is vague. Specific details about what constitutes 'new NOI questions,' 'dewatering inspection requirements,' and 'turbidity monitoring requirements' are lacking, which could help clarify potential compliance burdens.

  • • The document lacks a detailed analysis of cost vs. benefit regarding the new requirements for stormwater discharges, which would help justify the investment.

  • • The document references the consolidation of burdens and costs into the NPDES Program ICR in the future but does not provide a timeline or specifics on when this will occur.

  • • The language and terms such as 'permit coverage,' 'notice of intent,' and 'notice of termination,' while standard in regulatory contexts, may be complex for lay readers, making the document less accessible to the public.

Statistics

Size

Pages: 2
Words: 1,278
Sentences: 46
Entities: 126

Language

Nouns: 447
Verbs: 86
Adjectives: 42
Adverbs: 14
Numbers: 96

Complexity

Average Token Length:
5.06
Average Sentence Length:
27.78
Token Entropy:
5.33
Readability (ARI):
19.83

Reading Time

about 4 minutes