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Appendix A – Relevant Sections of Statues, Regulations, or Judicial/Administrative Decrees Enabling the Collection of Information for the National Listing of Fish Advisories A-1

Appendix B – 2008 Fish Advisory Fact Sheet B-1

Appendix C – Federal Register Notice for Original and Renewal ICR (2000, 2003, 2007) C-1

Appendix D – Survey Instrument for 2010–2012 NLFA Reporting Cycles and the State Fish Advisory Program Questionnaire D-1

1. Identification of the Information Collection

1(a) Title of the Information Collection

Information Collection Request for the National Listing of Fish Advisories

1(b) Short Characterization/Abstract

The National Listing of Fish Advisories is an integral component of several key environmental assessment activities. In February 1998, U.S. President Bill Clinton announced the Clean Water Action Plan to protect public health and restore the nation’s waterways by providing states, Tribes, and communities with appropriate tools and resources. Under the Clean Water Action Plan, the U.S. Environmental Protection Agency (EPA) implemented a series of key actions to ensure effective public notice of fish and shellfish consumption risks and reduce chemical contamination to levels that assure that locally caught fish and shellfish are safe to regularly eat. This survey is one of the key actions under the Clean Water Action Plan. In April 1999, the Agency sent letters concerning fish consumption advisories to the heads of all state public health, environmental, and natural resource management agencies, as well as to Tribes that operate the National Water Program. This letter emphasized the importance of a risk-based fish advisory program to protect the health of women of child-bearing age, children, and people who eat large amounts of locally caught fish for economic or cultural reasons.

A critical concern to EPA is water quality in our nation’s waters. The release of chemical contaminants from industrial production, increasing urbanization, and the introduction of new pesticides in agriculture pose potentially serious human health problems for the nation’s recreational waters. These adverse effects have been one of EPA’s long-standing concerns. They are also directly related to such Clean Water Act (CWA) responsibilities as water quality standards and surface water quality, and to the Agency’s effort to ensure that U.S. waters are “fishable” and “swimmable.” In addition, recent studies have confirmed that adverse health effects can result from consumption of fish from chemically contaminated waters. Based on results from the 2008 National Listing of Fish Advisories (NLFA) database, there are currently 4,249 advisories in effect in all 50 states, the District of Columbia, the U.S. Territories of American Samoa and Guam, and five Native American Tribes, advising consumers to limit or avoid consumption of certain species of chemically contaminated fish.

EPA believes there is a continuing need to maintain the overall quality and availability of public information concerning fish advisories, which includes, but is not limited to, water quality standards, monitoring and assessment activities, and the issuance of advisories and bans. Primary responsibility for these activities lies with each state; however, several state agencies often share responsibilities for these activities and the advisory results have not always been consistently reported. In 1993, EPA began compiling information on fish advisories provided by the states in its biannual 305(b) Water Quality Inventory Reports; however, EPA soon determined that some states did not report up-to-date information about fish advisories in their 305(b) reports. In many states, the water quality or environmental agencies were responsible for preparing the 305(b) report, while the state health department was generally primarily responsible for issuing the advisories. To obtain the most updated information, EPA’s Office of Water began conducting a voluntary annual Fish Advisory Survey in 1994 as part of the data collection activities of the National Water Quality Inventory Reports (CWA Sections 305[b], 303[d], 314[a], and 106[e]) (EPA ICR No. 1560.04; Office of Management and Budget [OMB] Control No. 2040-007) to obtain the most up-to-date information on fish advisories. The Agency began surveying the state health departments or other state agencies specifically responsible for the issuance of fish advisories. This information has been archived in EPA’s NLFA database since 1994.

In 2000, a new collection instrument was developed for the state Fish Advisory Program Survey because there were material changes in the proposed collection instrument that required the inclusion of additional questions in the fish advisory program’s areas of concern (State Fish Advisory Program Questionnaire), and the number of respondents from which the information was to be collected included additional Tribal groups that have issued advisories, Tribal groups with delegated power with respect to water quality standards, and Tribal groups with delegated power pending.

The changes to the 2004 to 2006 survey instrument were not substantive material changes from the previously approved 2000 survey instrument. The current instrument contains the same number of questions (98) as the 2000 and 2003 OMB-approved survey instrument. The only changes made to the 2000 questionnaire for the 2004 to 2006 reporting cycles were as follows: minor grammatical changes or revised wording to clarify the question for the respondent and the addition of checkable boxes to reflect additional choices where respondents previously were required to type in answers under an “Other (please specify)” category. The addition of new answer boxes was made after an analysis of the state responses from 2001 to 2003. New boxes were added only when five or more states provided the same response in the “Other (please specify)” category. The minor rewording of the 2004 to 2006 survey instrument included questions and answers changes. Minor changes to the questions were made in 2003 to provide clarification of the question, and changes to the answer categories were made to add selections that could be easily checked by the respondents, thereby removing the need for respondents to key in lengthier answers.

The current NLFA survey questionnaire for the 2010 to 2012 cycles collects quantitative advisory information on the number of new advisories issued by each state, territory, and Tribal organization annually using the same basic survey questionnaire that was developed in 2000 (with only minor rewording), including information on the

Waterbody under advisory, including the geographic location and extent of the advisory
Fish or shellfish species (and size ranges) included in each advisory
Chemical contaminant(s) identified in the advisory and the chemical residue levels detected in various fish species sampled
Waterbody type encompassed by advisory (e.g., lake, river, estuary, coastal waters)
Target populations (e.g., general population, pregnant women, nursing mothers, and young children) to which the advisory refers.

As in previous years, this information will be used to update the 2010, 2011, and 2012 NLFA narrative advisory information, compile and update the geographic information system (GIS) database for all advisories, and enhance and update the electronic fish tissue contaminant residue datafile.

In addition, the State Fish Advisory Program Questionnaire part of the survey will request information on the

Differences in monitoring procedures used to collect fish and shellfish samples
Types of advisories issued by the state
Sample preparation and chemical analysis procedures used to assess chemical residues
State fish advisory program funding sources
Other uses of state fish advisory data
Risk assessment methodologies used to evaluate chemical residue data and issue fish consumption advisories and bans
State efforts for targeting fish consumers (e.g., recreational and subsistence fishers)
Risk management practices and authority for issuing fish advisories within the state
Risk communication procedures used to communicate the human health risks associated with the consumption of chemically contaminated fish and shellfish species.

From this information, EPA can determine what steps to take, if any, to provide assistance to state, territorial, and Tribal fish advisory programs to improve consistency in fish advisory programs among entities through the use of consistent sampling and analysis procedures and risk assessment, risk management, and risk communication procedures. Note: The current survey instrument proposed for use in the 2010 through 2012 reporting cycles is the same basic instrument that was developed for the previous 2004 to 2006 and 2007 to 2009 reporting cycles.

EPA assembled the information collected under the previous Information Collection request (ICR) into an electronic database and graphic formats that can be readily analyzed and shared with responsible parties (e.g., EPA program and regional offices and other federal, state, territorial, and Tribal agencies), as well as with the general public. Survey results are distributed in Fish Advisory Fact Sheets and are available on the Internet at EPA’s “National Listing of Fish Advisories” Web site at http://water.epa.gov/scitech/swguidance/fishshellfish/fishadvisories/advisories_index.cfm. Information from these surveys has stimulated nationwide dialogue on fish consumption advisories involving agencies and the public; it is being used to identify and clarify issues that will lead to the continued development of national guidance for states on sampling and analysis, risk assessment procedures, risk management practices, and risk communication procedures that will further protect human health.

The nationwide collection of fish advisory information began in 1994 with a survey of the 50 states, the District of Columbia, and U.S. territories (Guam, American Samoa, Puerto Rico, and the U.S. Virgin Islands) and the Great Lakes Indian Fish & Wildlife Commission, involving a total of 56 potential respondents. In 2000, the fish advisory survey added 36 Tribal agencies during the first year and will continue to survey these same Tribal agencies, as well as the original 56 respondents over the 3-year period of this ICR (2011 to 2014); thus the EPA estimates that up to 92 questionnaires will be sent out the first year and in the two succeeding years. The actual cost for a respondent to complete the questionnaire is anticipated to decrease each year because each person will be requested to provide only information that has changed during the preceding year. When the survey is implemented, the total annual respondent cost under this ICR is estimated to be $125,697.09 (36.26 hours per year at an average labor rate of $37.52 per hour per respondent for 92 respondents).

2. Need for and Use of the Collection

2(a) Need/Authority for the Collection

EPA needs this information to determine whether recreational and subsistence fishers are at additional risk of exposure to chemical contaminants through their consumption of locally caught fish and shellfish. The survey will provide data on the types of contaminants that trigger the issuance of advisories, the monitoring designs the states used with respect to the numbers of samples collected and number of stations surveyed, the number of chemical contaminants being analyzed in fish tissue, the risk assessment methodology currently being used to evaluate the potential health risk to fish consumers, and how advisory information is being communicated to the target fish-consuming population.

This survey is one of the key actions under the Clean Water Action Plan. In February 1998, the Clean Water Action Plan was initiated to protect public health and restore the nation’s waters by providing states, territories, and Tribes with appropriate tools and resources. Under the Clean Water Action Plan, EPA is implementing a series of key actions to ensure that recreational and subsistence caught fish are safe for human consumption. The national survey is central to EPA’s efforts to assess and improve existing fish advisory programs nationwide and to provide important public health information.

EPA is collecting this information under the authority of CWA 104, which provides for the collection of information to be used to protect human health and the environment. Copies of the relevant section of the CWA are provided in Appendix A.

2(b) Practical Utility/Users of the Data

EPA uses information collected in the NLFA to address issues in three specific areas for state fish advisory programs

Enhancing the public’s right-to-know about the safety of fish and shellfish harvested from local waters by making this information available on a NLFA database
Improving the scientific and policy foundation in support of state, territorial, Tribal, and local actions
Providing up-to-date sampling and analysis methods, risk assessment, risk management, and risk communication procedures for the states to use to better protect the health of recreational and subsistence fishers in a more timely and comprehensive manner.

The information collected in this survey will be used to update the existing NLFA database. This information will be compiled to determine the status and nature of chemical contamination in the nation’s waters, the level of effort directed by jurisdictions to monitor and evaluate fish tissue residue data at their monitoring sites, and the location and geographic extent of the fish advisories and bans issued each year. EPA will use the analysis to plan more effective research and policies to reduce risks to consumers of locally caught, chemically contaminated fish.

The Office of Water uses and will continue to use the information, especially the state and national summary data, to examine the success of current advisory programs. The Office of Water will share this information with other program offices, such as the Office of Research and Development and the Office of Policy, Economics and Innovation, to evaluate scientific research needs and policy implications. EPA Regions will use the information to address concerns regarding fish advisories and monitoring programs. The Centers for Disease Control and Prevention and other federal agencies will also be able to use this information. The information compiled in this survey will permit state, Tribal, and local agencies, such as public health agencies, environmental protection agencies, and fish and wildlife departments, to easily review cumulative information on monitoring programs and fish advisories for the purpose of developing public information materials (e.g., state fish advisory Web sites and/or fishing regulation brochures) and prioritizing resources to address water quality concerns directly related to chemical contamination of fish.

Summary and individual state data will also be made available to non-governmental organizations and to the public. By accessing the data through the Internet, the public will be able to readily determine whether the waterbody they want to fish has been monitored to assess the level of chemical contamination in the fish and whether an advisory or ban has been issued. This will provide the consumers with information that they can use to make informed decisions concerning the waterbodies they fish in and the amount and types of fish they consume.

The information to be collected from all respondents includes the name, address, and other contact information for the agency responsible for issuing the fish advisories and answering public or technical inquiries. These references provide a means for obtaining current fish advisory information, as well as professional networking resources and referrals for improving water quality at our nation’s fishable waterbodies. A copy of the most recent fish advisory fact sheet distributed to the public via the Internet is provided in Appendix B.

3. Non-duplication, Consultations, and Other Collection Criteria

3(a) Non-duplication

The fish advisory program information requested from respondents under this renewal ICR has been collected in some form since 1994 and is not currently available from any other sources. The survey of fish advisories has been performed since 1994 under previously approved ICRs for the 305(b) Water Quality Collection Effort (OMB Control No. 2040-007; EPA ICR No. 1560.03 and 1560.04); however, Tribal organizations had not been comprehensively targeted by these surveys. EPA examined the information collected from each of the previous surveys and determined that none of them addressed all of its needs to inventory the locations of the nation’s waterbodies under advisories, as well as to compile nationwide information on state, territory, and Tribal fish advisory programs.

In 2000, because the Office of Water wanted to obtain additional information on fish advisories from the 50 states, the District of Columbia, five U.S. territories, and additional Tribal groups, a new ICR was submitted to OMB for approval to cover additional questions and respondents not covered by the 305(b) Water Quality Collection Effort. Since 2000, the survey of fish advisories has been performed under an approved ICR for the National Listing of Advisories (OMB Control No. 2040-0226; EPA ICR No. 1959.01, expiring on 01/31/2004; EPA ICR No. 1959.02, expiring on 09/30/2007; EPA ICR No. 1959.03, expiring on 02/28/2011). A copy of these Federal Register notices is provided in Appendix C.

EPA developed a new questionnaire in 2000, which was reviewed by fish advisory contacts from nine states. To reduce respondent burden and eliminate duplication, EPA worked to design concise and comprehensive questions for the 2000 State Fish Advisory Program Questionnaire. The 2003 questionnaire was modified only slightly for the survey effort to be covered under the ICR for 2004–2006. The questionnaire has not been modified for the survey effort to be covered under the current ICR for 2010–2012 reporting cycles. EPA anticipates no change in the survey’s ability to meet the needs of the federal government and other interested parties.

3(b) Public Notice Required Prior to ICR Submission to OMB

In compliance with the Paperwork Reduction Act of 1995, EPA issued a public notice in the Federal Register on October 25, 2011 (75 FR 65479), soliciting comments for a 60-day period. EPA received no comments on this ICR in response to the Federal Register notice.

3(c) Consultations

(i) Questionnaire Preparation and Consultation

To prepare the survey for the collection effort covered under this renewal ICR, EPA reviewed all questionnaires that had previously been used to collect information for the 2007–2009 NLFA data collection efforts, as well as respondent comments from these surveys. The results were used to refine the questionnaire in order to encourage greater respondent participation, and improve data analysis and interpretation. The final survey for the 2010–2012 cycles is based on these reviews, consultation with the states and Tribes at the 2000, 2001, 2002, 2004, 2005, 2007, and 2009 biennial EPA Fish Forums attended by state fish advisory contacts, recent internal EPA discussions with various program offices, and other considerations.

3(d) Effects of Less Frequent Collection

The survey will be sent to respondents once per year, in the early spring. The information is needed annually to provide up-to-date information on monitoring and fish advisories that occurred during the previous 12-month (calendar year) fishing season. Pollution sources and other circumstances change regularly, so it is important to document the changes in fish advisories as soon as possible after the states’ issue their yearly fishing regulations, including advisories, typically during spring. Jurisdictions that are responsible for fish monitoring generally collect fish each year during summer and fall, and then send the fish tissue samples for analysis during fall and winter. Risk assessments are conducted when residue analysis of the fish tissue samples have been completed, typically in late winter.

Regular annual collections of this information over a period of several years have shown that the number of fish advisories continues to increase nationwide. In addition, this information has helped to characterize the pollutants that triggered these advisories. For example, as of 2008, mercury was the chemical contaminant responsible for 80 percent of all advisories issued nationwide and five pollutants (mercury, dioxins/furans, polychlorinated biphenyls [PCBs], chlordane, and dichlorodiphenyltrichloroethane [DDT]) accounted for 97 percent of the advisories issued. Regular annual collection of this information has also permitted the identification of advisory trends within various waterbodies so that trends can be identified and resources allocated to deal with the most pressing problems. Less frequent or irregularly scheduled reporting of advisory information is not sufficient to obtain information for the purposes of this survey because longer periods between reports or unequal periods of reporting would decrease the value of the information obtained, and respondents might have more difficulty in completing the survey if past yearly records were archived. In addition, regular annual collection of this information over several years will permit the evaluation of water quality standards compliance and pollution problems occurring in waterbodies under advisory, so that trends can be identified and resources allocated to deal with the problems of greatest concern.

3(e) General Guidelines

This survey adheres to OMB’s general guidelines for information collection.

3(f) Confidentiality

Information sought is maintained for public record by the state public health agency or other state agencies and no sensitive material is involved.

3(g) Sensitive Questions

No questions concerning sexual behavior or attitudes, religious beliefs, or other matters usually considered private are included in this information collection.

4. The Respondents and the Information Requested

4(a) Respondents/SIC Codes

The following categories of respondents will be surveyed:

State (or other entity) health departments

9431 Administration of public health programs (Administration of public health programs, including the following: Categorical health program administration—government, communicable disease program administration—government, environmental health programs—government, and public health agencies—non-operating).

State (or other entity) EPAs

9511 Air and Water Resource and Solid Waste Management (Administration of Environmental Quality, including the following: Water control and quality agencies—government and environmental protection agencies—government).

4(b) Information Requested

(i) Data items, including record keeping

(1) Specific Information on Each Advisory or Ban Within the Jurisdiction (records to be maintained by the jurisdiction for the public record at least 2 years following completion of the survey each year that the questionnaire is conducted)

Waterbody name, location, and narrative description of geographic extent of advisory
Waterbody type (lake, river, estuary, coastal marine waters, Great Lakes waters, multi-class, bayou, canal)
Chemical pollutant(s) detected in fish tissue samples that resulted in issuance of the advisory
Date advisory was issued
Species of fish and size ranges sampled for which the advisory was issued
Type of advisory issued and population that is targeted (no consumption for the general population, no consumption for sensitive subpopulations, such as pregnant or nursing women and children, restricted consumption for the general population, restricted consumption for sensitive subpopulation, or commercial fishing ban)
Tissue data that supports the advisory determination including contaminant, residue concentration, type(s) of sample(s) (e.g., fillet, whole, plug), and locational coordinates for the data/sample locations (e.g., station IDs, site names, locations, counties, latitude/longitude).

(2) General Information on State Fish Advisory Programs within the Jurisdiction

Name, address, phone number, fax number, and e-mail address of respondent (State fish advisory contact)
Agency or agencies with overall responsibility for fish advisories or bans in the jurisdiction
Establishment of risk assessment procedures for issuing advisories
Monitoring and chemical analysis program implementation and costs
Advisory program implementation and costs
Agency responsibility for risk management and for issuing advisories or bans
Public notification procedures for communicating information on advisories and bans.

(3) Mapping the Location of Each Fish Consumption Advisory or Ban (latitude/longitude coordinates for the advisory or hard copy of a marked map that shows the location and extent of the advisory or electronic shapefile/coverage of advisory locations)

A copy of the proposed survey instrument for the 2010 through 2012 NLFA reporting cycles and the State Fish Advisory Program Questionnaire is included as Appendix D.

(ii) Respondent Activities

The following activities are required for a respondent to assemble and submit the above-mentioned data items:

Review transmittal email with instructions on what data should be provided
Gather advisory data to update the NLFA database (including waterbody name and geographic extent, fish species/size class, pollutant, and type of advisory), and fish tissue residue data files
Gather geographic data by creating shapefiles/GIS coverages, providing latitude/longitude coordinates, and/or by marking locations of current fish advisories on electronic or hard copy maps
Review instructions and questions in the State Fish Advisory Program Questionnaire (approximately 100 questions)
Gather information needed to complete all questions on the survey
Complete survey answers electronically by typing in information on an electronic questionnaire
Return marked maps, shapefiles/GIS coverages showing advisory locations, or listing of latitude/longitude coordinates, and fish tissue residue data for new advisories by email or on diskette by mail to EPA.

5. The Information Collected–Agency Activities, Collection Methodology, and Information Management

5(a) Agency Activities

Agency activities associated with the collection of information by this survey consist of the following:

Update current mailing list of all state, territory, and Tribal organizations, and develop survey tracking database to track responses
Develop the transmittal letter, the State Fish Advisory Program Questionnaire, instructions for completing updates to the NLFA database, procedures for providing mapping/locational information, and recommended fish tissue data format
Modify/populate the existing NLFA database with new fish advisory information
Load the electronic questionnaire into a data entry tool
Record receipt of completed State Fish Advisory Program Questionnaires, advisory revisions, marked map(s) or shapefiles/GIS coverages or latitude/longitude files, and fish tissue residue data; submit reminders to nonrespondents via e-mail and telephone calls; review State Fish Advisory Program Questionnaires for completeness and correctness of responses; review/verify advisory boundary markings on map(s); and review and reformat fish tissue residue data files as appropriate
Enter appropriate geographic information on location of updated or new advisories into GIS database, and review/verify data entries
Perform data analysis summaries of national and state advisory information
Prepare an annual update of the Fish Advisory Fact Sheet and an annual update of the State Fish Advisory Program Summary Report of information obtained from the State Fish Advisory Program Questionnaire
Distribute results of the advisory updates in the Fish Advisory Fact Sheet electronically on the Internet and in hard copy reports to up to 92 state and Tribal participants and other interested members of the general public (total of 200 copies)
Archive the State Fish Advisory Questionnaire responses, fish advisory locational data (maps, shapefile/GIS coverages, or electronic latitude/longitude files), and fish tissue residue data for at least 2 years.

5(b) Collection Methodology and Management

To collect and analyze the information associated with this ICR, EPA will primarily use an electronic questionnaire, paper maps, PCs, and applicable database and digitizing software.

All potential state, territorial, or Tribal respondents in the mailing list database will receive email requests to provide new advisory information and complete the State Fish Advisory Program Questionnaire. The transmittal emails will explain the purpose of the NLFA update survey and the State Fish Advisory Program Questionnaire and provide procedures to permit the respondents to complete the State Fish Advisory Program Questionnaire electronically. Respondents will submit their fish advisory data electronically to EPA for incorporation into the NLFA database. However, at a minimum, each respondent is requested to return the marked map or a shapefile/GIS coverage or latitude/longitude coordinates of advisory locations and tissue residue data supporting the issued advisories to EPA by email or on a diskette by mail. Email reminders will be sent to respondents who have not returned their advisory map(s), electronic shapefile/GIS coverage, electronic file of tissue residue data, and updated fish advisory data; or have not completed the electronic State Fish Advisory Program Questionnaire within 30 days.

EPA will ensure the accuracy and completeness of collected information by reviewing each submission. Fish advisory data will be submitted electronically to EPA for incorporation into the NLFA and data will not be added to the existing database until approved by EPA. The State Fish Advisory Questionnaire will be available electronically to be completed by respondents. In the event that a state, territory, or Tribal agency cannot access the questionnaire electronically, the survey will be completed manually. Manual data entries will be double-checked to ensure the accuracy and completeness of data entry. Data entries of survey answers made electronically by respondents will also be reviewed to ensure that all questions were completed. Tissue residue data will be reviewed and reformatted into a Microsoft Access file as necessary to make it compatible in structure with other state fish tissue residue data in the NLFA tissue residue data repository.

Data analyses will be performed through queries and simple compilations of summary statistics (e.g., number of fish advisories reported; number of advisories issued for a specific chemical contaminant (e.g., mercury); number of advisories issued for the general population as opposed to number of advisories issued to protect pregnant women, nursing mothers, and children; or number of rivers, lakes, estuaries, or coastal marine waters under advisory). Maps received from respondents will be checked to determine whether instructions were followed and the maps marked so that the information can be entered into a GIS database. Back-up copies of the data will be made regularly during the survey and maintained in a separate location for at least 2 years.

Summary results of the annual surveys will be posted on EPA’s NLFA Web page. Individual state reports will be accessible by the public through querying EPA’s Web page. Annual Fish Advisory Fact Sheets summarizing the most current information on fish advisories will also be available on the same Web site.

5(c) Small Entity Flexibility

No alternatives have been found to be more cost effective than direct solicitation of the state health departments or other state, territorial, or Tribal entities responsible for issuing fish advisories and that generate this information as a matter of public information for distribution to their residents. No additional gathering of information is required by the state health departments or other entities responsible for each fish advisory because advisories and records are their public health responsibilities. “Small Governmental Jurisdictions” (defined for the purpose of this information collection as a government or territories or Tribes having a population of less than 50,000) may be included in this survey.

The completion of the survey (including the addition of updated advisory information, marking maps, providing fish tissue residue data, and completing the State Fish Advisory Program Questionnaire) is voluntary. Thus, smaller entities that cannot provide the staff and resources to complete the survey are not required to do so. Identification of such smaller entities that do not initially respond will permit the development of options to assist the smaller entities in completing the survey, such as permitting more time for responding, simplifying the response procedures, or providing contractor assistance in completing the survey. The option of completing the fish advisory survey and State Fish Advisory Program Questionnaire electronically will be encouraged, which should provide an easier and more effective means for transmitting and receiving the information, provided the entities have email or Internet access. Based on past experience with state health departments and other state, territorial, and Tribal entities involved in issuing fish advisories, the vast majority have email or Internet access.

5(d) Collection Schedule

The survey materials will be available to the respondents in early spring to obtain information on the previous year’s fish advisories, sampling, and analysis programs, and risk assessment, risk management, and risk communication procedures. If the completed survey materials have not been returned within 30 days, then an e-mail reminder will be sent to all nonrespondents. In addition, follow-up telephone calls will be made to the nonrespondents to determine what, if any, assistance they need to complete the questionnaire. If the completed survey materials have not been returned within 60 days, the survey will be considered to be unobtainable. Data will be analyzed, and summary advisory information will be made available to the public by September each year.

6. Estimating the Burden and the Cost of the Collection

6(a) Estimating Respondent Burden

EPA reviewed burden estimates generated by an e-mailed inquiry of nine state health departments in 2000 and made the following assumptions in determining respondent burden based on responses obtained from four states. (The annual respondent burden and cost presented in Table 1 reflects the estimated average annual labor hours and costs, calculated to occur during the 3-year OMB-approved period of this ICR).

Labor hours are based on initial assumptions that up to 92 potential respondents will be asked to participate in the survey annually. Thus, the total number of surveys that might be processed during this ICR is 276 (3-year approval period).
Senior-level managers (e.g., director, chief) are most likely to receive the survey materials and review instructions; however, it is anticipated that a lower-level technical staff member would provide the new advisory data electronically, copy fish residue data onto a diskette for mailing to EPA, fill out the State Fish Advisory Program Questionnaire electronically, and mark the fish advisory locations on the maps, provide shapefiles/GIS coverages or latitude/longitude coordinates. Therefore, the average annualized respondent hour burden to review instructions for the NLFA is 0.75 hours, as shown below.

(0.25 hour–manager/year + 0.5 hour–technician/year) = 0.75 hours

The amount of time needed to gather advisory data to update the NLFA varies considerably, depending on how many new fish advisories have been issued within the jurisdiction during the past year and/or how many revisions there are to previously issued advisories. For example, during the 2003 cycle, 25 states reported no new advisories for the year, while the 31 remaining states reported from 1 to 73 new advisories. However, approximately 20 states also made revisions to existing advisory files. Similar differences among the states in the number of new and revised advisories reported have been observed over the past several years. Because the amount of time needed to complete the new advisory information or update existing information will vary depending on the number of advisories within the respondent’s jurisdiction, a respondent with one fish advisory might require 0.25 hours while a respondent with 20 advisories might require 5 hours. The number of respondents with “low” and “high” fish advisory reporting burdens is unknown at this time. For the purposes of this ICR, EPA estimates (based on the responses from four states), on the average, that it will require 9.25 hours to complete the new advisory information and revise existing data. Information requested is compiled by each jurisdiction for the public record; hence little, if any, additional time will be needed to gather the information. We estimate that 9.25 hours will be needed each year to gather the advisory information as shown below.

(1.0 hour–manager/year + 6.25 hour–technician/year + 2.0 hour–clerical/year) = 9.25 hours

The amount of time needed to gather geographic data, develop shapefiles/GIS coverages, determine latitude/longitude coordinates, or manually mark locations of the advisories on a map also varies considerably, depending on how many new fish advisories have been issued within the jurisdiction during the past year. For example, during the 2003 cycle, 25 states reported no new advisories for the year while the remaining states reported from 1 to 73 new advisories. Similar differences among the states in the number of new advisories reported have been observed over the past several years. Information requested is compiled by each jurisdiction for the public record; hence little, if any, additional time will be needed to gather the information. We estimate (based on the responses from four states) that 7 hours will be needed each year to gather the geographic data, create a shapefile/GIS coverage, determine latitude/longitude coordinates, or mark advisory locations on a map as shown below.

(0.5 hour–manager/year + 4.5 hour–technician/year + 2.0 hour–clerical/year) = 7.0 hours.

Respondents submitting their fish advisory data electronically will require less clerical time than in the past for preparing and copying advisory information. We estimate that 2.25 hours will be needed each year to update advisory data as shown below.

(0.5 hour–manager/year + 1.25 hour–technician/year + 0.5 hour–clerical/year) = 2.25 hours

Senior-level managers (e.g., director, chief) are most likely to receive the survey materials relating to the State Fish Advisory Program Questionnaire; however, it is anticipated that a lower-level technical staff member would actually complete the questionnaire electronically. Thus, it is estimated that both the manager and the technical person could spend 3.13 hours each year reviewing the instructions and questions on the State Fish Advisory Program Questionnaire; therefore, the average annualized respondent hour burden to review instructions and answer questions is 3.13 hours, as shown below.

( 0.5 hour-manager/year + 2.63 hour-technician/year) = 3.13 hours

The amount of time needed to gather all information to update the State Fish Advisory Program Questionnaire should be relatively comparable across jurisdictions depending on how many state agencies are involved in the fish advisory activities. All states are requested to complete every question to their best knowledge. Information requested is compiled by each jurisdiction for the public record, hence little, if any, additional time will be needed to gather the information. We estimate that 7.25 hours will be needed each year to gather the advisory information needed to complete the State Fish Advisory Program Questionnaire as shown below.

(1.5 hour–manager/year + 5.75 hour–technician/year) = 7.25 hrs.

For the 2010 through 2012 survey reporting cycles, each state fish contact will receive an electronic copy of the questionnaire with the previous year’s answers filled in. In this way, respondents will only need to report information that has changed during the previous reporting period, based on a review of their questionnaire responses submitted for the 2009 cycle. We estimate that 5.0 hours will be needed each year to complete the answers to the State Fish Advisory Program Questionnaire electronically as shown below.

(4.25 hour–technician/year + 0.75 hour–clerical/year) = 5.0 hours

All respondents will likely have to mail back some types of information to EPA each year even if they report the fish advisory data and complete the State Fish Advisory Program Questionnaire electronically. Products that may need to be mailed back to EPA include hard copies of new advisory information (if a respondent cannot enter data electronically), hard copies of maps with advisories marked, or electronic shapefiles/GIS coverages, or hard copy listings or electronic listings of latitude/longitude coordinates (all respondents with new advisories), a diskette containing fish tissue residue data that supports new advisories (all respondents with new advisories), and/or the hard copy of the State Fish Advisory Program Questionnaire (if a respondent cannot enter data electronically). Based on the responses from four states, we estimate 1.63 hours will be needed to complete this activity as shown below:

(1.38 hour–technician/year + 0.25 hour–clerical/year) = 1.63 hours

6(b) Estimating Respondent Costs

The following resources and assumptions were made to estimate respondent costs for this information collection:

(i) Estimating Labor Costs

Labor rates were obtained from the Bureau of Labor Statistics’ Employment Cost Trends at http://www.bls.gov/news.release/pdf/ecec.pdf, and the following categories were used:

Manager (White collar: Executive, administrative, and managerial)		$33.09/hour
Technical (White collar)		$23.24/hour
Clerical (Administrative support, including clerical)		$17.03/hour

A benefits/overhead multiplication factor of 1.6 was used to obtain the total cost of employment for state (or other entity) respondents.

(ii) Estimating Capital and Operations and Maintenance Costs

No capital/start-up costs are anticipated for the jurisdictions participating in the survey because they already collect the information requested for the public record. Ninety percent of all respondents who were surveyed in 2002 (during the 2003 reporting cycle) have Internet access; however, it is not required for participating in the survey.
The only operations and maintenance (O&M) cost required for this information collection by the respondent is the purchase of a state map (estimated to cost $5.00), which will be used to mark the advisories, and a compact disk (estimated to cost $0.60), which will be used to download his or her latitude/longitude coordinate data, shapefiles/GIS coverages, or fish tissue residue data. Jurisdictions already maintain the information requested in this collection for the public record. EPA will provide return postage for the map, the tissue residue data diskette, fish advisory information (as applicable), and the State Fish Advisory Program Questionnaire (as applicable). Currently, most jurisdictions provide these data electronically via email.
EPA estimates that all respondents would submit the fish advisory survey and the State Fish Advisory Program Questionnaire electronically, but anticipates all states, at a minimum, will be returning the marked up state map showing advisory locations and one diskette containing shapefile/GIS coverage, latitude/longitude coordinates, or tissue residue data. We assume an average of five fish advisories per jurisdiction and a 20-page questionnaire at $0.10 per page copying charge ($2.50). This is based on the average number of new advisories issued nationwide during the 2000–2002 reporting years.

(iii) Capital/Start-up vs. Operating and Maintenance Costs

It is believed that the capital/start-up and O&M costs have been appropriately derived for this information collection.

(iv) Annualizing Capital Costs

No capital costs are anticipated for this information collection. The electronic version of the NLFA survey and the State Fish Advisory Program Questionnaire is offered as an option, not as a requirement. Completion of either the electronic version or a paper version is voluntary.

Table 1. Annual Respondent Burden and Cost

Information Collection Activity	Hours and Costs Per Respondent (Years 1-3)							Total Hours and Costs (Year 1)			Total Hours and Costs (Year 2)			Total Hours and Costs (Year 3)
Information Collection Activity	Mgr. Hours at $33.09/ hour	Tech. Hours at $23.24/ Hour	Cler. Hours at $17.03/ Hour	Resp. Hours	Labor Cost	Capital Start-Up Cost	O&M Cost	No. of Resp.	Total Resp. Hours	Total Resp. Cost	No. of Resp.	Total Resp. Hours	Total Resp. Cost	No. of Resp.	Total Resp. Hours	Total Respond. Cost
Review instructions for new advisories	0.25	0.5	0.00	0.75	$31.83	$0.00	$0.00	92	69	$2,928.18	92	69	$2,928.18	92	69	$2,928.18
Gather advisory data including fish tissue data	1.00	6.25	2.00	9.25	$339.84	$0.00	$0.60	92	851	$31,320.48	92	851	$31,320.48	92	851	$31,320.48
Gather geographic information and mark maps	0.50	4.50	2.00	7.00	$248.30	$0.00	$5.00	92	644	$23,303.23	92	644	$23,303.23	92	644	$23,303.23
Enter advisory data electronically or via paper copy	0.50	1.25	0.5	2.25	$86.58	$0.00	$0.00	92	207	$7,969.49	92	207	$9,969.49	92	207	$7,969.49
											9			9
Review instructions and questionnaire questions	0.50	2.63	0.00	3.13	$124.27	$0.00	$0.00	92	287.96	$11,432.46	92	287.96	$11,432.46	92	287.96	$11,432.46
Gather information for questionnaire	1.50	5.75	0.00	7.25	$293.22	$0.00	$0.00	92	667	$26,976.61	92	667	$26,976.61	92	667	$26,976.61
Enter answers to questionnaire electronically or on paper	0.00	4.25	0.75	5.00	$178.47	$0.00	$0.00	92	460	$16,419.06	92	460	$16,419.06	92	460	$16,419.06

Return maps, residue data, diskette, advisory information and questionnaire by mail	0.00	1.38	0.25	1.63	$58.13	$0.00	$0.00	92	149.96	$5,347.58	92	149.96	$5,347.58	92	149.96	$5,347.58
Subtotals	4.25	26.51	5.50	36.26	$1,360.62	$0.00	$5.60	varies	3,335.92	$125,697.09	varies	3,335.92	$125,697.09	varies	3,335.92	$125,697.09

¹ Labor cost includes a benefits/overhead multiplication factor of 1.6.

6(c) Estimating Agency Burden and Cost

Agency burden is estimated based on the assumption that 10 percent of the labor hours per year for each activity will be work done by EPA and 90 percent of the labor hours per year will be work done by a contractor. In addition, management oversight of work performed by technical and clerical staff is estimated to require 20 percent of the labor hours for each activity.

Federal employee rates were obtained from the 2010 OPM General Schedule (GS) Salary Table for the Washington, DC, area for the midpoint of each salary grade (Available at the Web site http://www.opm.gov/oca/10tables/pdf/dcb_h.pdf), and the following categories were used:

Manager (GS 15)		$67.21/hour
Technical (GS 14)		$57.13/hour
Clerical (GS 7)		$22.92/hour

A benefits/overhead multiplication factor of 1.6 was used to obtain the total labor cost for EPA.

No capital/startup costs are anticipated for the Agency.
O&M costs include costs of contractor services (including printing survey materials and computer time) and outgoing and return postage for each survey to return map(s) and/or survey and/or State Fish Advisory Program Questionnaires each year.

Table 2 includes the estimated costs for each year of the ICR period. The following resources and assumptions were used to prepare the burden estimate for each activity:

Preparation of the mailing list and survey tracking database is estimated based on initial assumptions that up to 92 potential respondents nationwide will be sent the survey each year. Agency labor includes identifying potential respondents and sources for contact information (name, agency, address, phone number, fax number, and e-mail address) and is estimated to take 0.04 hours per respondent. O&M costs include contractor services to revise the mailing list and the survey and questionnaire tracking database, and enter and verify contact information, based on approximately 0.2 hours per respondent, with an estimated rate of $95.00/hour (labor, overhead, and other direct costs). Agency labor and contractor service estimates are based on an estimated 100 edits to the respondent contact names and addresses annually. It is not likely that the number of respondents will change significantly after the first year because all state, territorial, and Tribal organizations will be identified and contacted for the first mailing. Because the contact information will likely only need to be entered once, the Agency labor and contractor services are divided by three to provide an annualized estimate for the ICR.
To revise the existing 2009 survey package including the transmittal email, survey, instructions, and mapping procedures requires an estimated number of Agency hours of 0.11 hours per respondent. Fixed O&M costs include 40 contractor hours per year to modify survey materials.
The NLFA database for storing and analyzing the fish advisory information is already in place. Agency labor for this activity is estimated at 0.02 hours per respondent. Fixed O&M costs include 80 contractor hours per year to modify this database.
Each year, the Agency will submit the survey materials to respondents. (The materials to be submitted will include a request for information on advisories that have been issued or revised during the preceding 12 months, map(s) and fish tissue residue data only need to be submitted for the new advisories issued during the previous year, and the previous year’s State Fish Advisory Program Questionnaire with the request that responses be updated to reflect information that has changed during the preceding calendar year. EPA’s oversight of this activity is estimated to be 0.02 hours per respondent. Contractor services required to conduct this activity include 0.25 hours per respondent per year to prepare the materials and answer respondents’ questions about the survey. O&M costs also include outgoing and return postage paid by the Agency ($2.00 per survey x 2 = $4.00 per year).
Survey operations include recording receipt of completed questionnaires and marked map(s), electronic shape files/GIS coverages, and electronic fish tissue residue files; sending e-mail reminders to nonrespondents and making telephone contacts with nonrespondents and respondents in situations where additional information is required for clarification, if needed; e-mailing acknowledgment of materials that are received; and reviewing survey materials for completeness and accuracy of responses. EPA estimates that it will not be involved in these operations except for minor oversight (0.02 hours per respondent per year). Contractor services to perform these operations are based on 1 hour per respondent per year.
EPA expects that the new fish advisory data and State Fish Advisory Program Questionnaires will be provided electronically by respondents. Fish tissue residue data from all states will have to be reviewed and reformatted for uploading to the fish tissue database, and all data entries (fish advisory, mapping, fish tissue residue data, and State Fish Advisory Program Questionnaire responses) will have to be entered into the database and reviewed and verified. EPA estimates that it will not be involved in these operations except for minor oversight (0.03 hours per respondent per year). Contractor services to enter data for those respondents are expected to be 3 hours per respondent per year. Contractor services to reformat fish tissue data files for all respondents are expected to be 6 hours per respondent per year and contractor services for reviewing/revising all fish advisory data, mapping data, State Fish Advisory Program Questionnaires, and fish tissue data are estimated to be 2 hours per respondent.
Data analysis of new and updated advisory information and state fish advisory program information will be performed to obtain summary statistics for inclusion in the Fish Advisory Fact Sheet and the annual State Fish Advisory Program Summary Report, respectively. The Agency will provide technical direction to a contractor to perform the analyses and discuss and review the results, estimated at 0.06 hours per respondent per year. Contractor services will require 0.5 hours per respondent per year for analysis.
EPA will prepare a summary report of fish advisory information (Fish Advisory Fact Sheet) and a summary report of information obtained from the survey (State Fish Advisory Program Summary Report). EPA will provide technical direction to a contractor to prepare both the fact sheet and the summary report, including reviewing drafts and the final fact sheet and report, which is estimated at 0.55 hours per respondent per year. It is anticipated that the contractor will require 2 hours per respondent per year to produce the fact sheet and summary report, including a hard copy and an electronic version of each suitable for posting on the NLFA Web site.
EPA will distribute the summary results of the NLFA database (Fish Advisory Fact Sheet) in an electronic version that will be posted on the NLFA Web site. EPA also will provide technical oversight of the publication process, estimated at 0.05 hours per respondent per year. Fixed O&M costs include estimated Government Printing Office costs of $50 per paper report (approximately 500 pages) x 200 copies plus postage of $4.30 per copy x 200 copies (total = $10,860). The Internet version of the NLFA database containing the Fish Advisory Fact Sheet and the updated fish advisory data will be designed so that the states, territories, Tribes, and the general public can automatically view the fish advisory information pertaining to the waterbody of interest. O&M costs also include funds for contractor services to maintain the database and perform troubleshooting, if needed, estimated at $5,000 per year.

Table 2. Agency Burden and Cost

Information Collection Activity	Hours Burden and Cost (Year 1)								Total Hours and Costs
Information Collection Activity	Mgr. Hours at $67.21/ Hour	Tech Hours at $57.13/ Hour	Clerical Hours at $22.92/ Hour	Agency Hours/ Resp.	Labor Cost/Resp.	Capital/ Start-Up Cost	Fixed O&M Cost	Non_Fixed O&M Cost¹	Number of Resp.	Total O&M (fixed and non-fixed)	Total Agency Hours	Total Agency Cost
Prepare mailing list and survey tracking database	0.01	0.02	0.01	0.04	$3.27	$0.00	$0.00	$19.00	92	$1,748.00	3.68	$2,048.86
Revise survey materials	0.01	0.1	0	0.11	$10.22	$0.00	$3,800.00	$0.00	92	$3,800.00	10.12	$4,739.89
Set up database for storing and tracking questionnaire responses and electronic options for answering the questionnaire	0.02	0	0	0.02	$2.15	$0.00	$7,600.00	$0.00	92	$7,600.00	1.84	$7,797.87
Submit survey materials to respondents; answer respondents’ questions	0.01	0.01	0	0.02	$1.99	$0.00	$0.00	$27.75	92	$2,553.00	1.84	$2,736.03
Record receipt of completed survey materials; perform follow-up and quality control activities	0.01	0.01	0	0.02	$1.99	$0.00	$0.00	$95.00	92	$8,740.00	1.84	$8,923.03
Enter information from survey materials into database, if needed, reformat tissue data and review/verify data entries	0	0.03	0	0.03	$2.74	$0.00	$0.00	$285.00	92	$26,220.00	2.76	$92,392.29
								$570.00	92	$52,440.00
								$190.00	92	$17,480.00
Perform data analysis	0.01	0.05	0	0.06	$5.65	$0.00	$0.00	$47.50	92	$4,370.00	5.52	$4,889.41
Prepare fact sheet and summary report of information obtained from the survey	0.05	0.5	0	0.55	$51.08	$0.00	$0.00	$190.00	92	$17,480.00	50.60	$22,179.43
Distribute results of the survey	0	0.05	0	0.05	$4.57	$0.00	$15,860.00	$0.00	92	$15,860.00	4.60	$16,280.48
Store the advisory data, questionnaire responses and advisory location data	0	0.03	0.03	0.06	$3.84	$0.00	$1,000.00	$0.00	92	$1,000.00	5.52	$1,353.50
Subtotals	0.12	0.8	0.04	0.96	$87.50	$0.00	$28,260.00	$1,424.25	Varies	$159,291	88.32	$167,230.57

¹ Includes costs of contractor services and postage.

Data obtained from the NLFA survey, including mapping and fish tissue residue data, and State Fish Advisory Program Questionnaire, will be stored in appropriate media. EPA will provide technical oversight to ensure that data storage meets its requirements and program objectives. Labor is estimated at 0.06 hours per respondent per year. Fixed O&M costs include an estimate for computer equipment maintenance for this program of $1,000 per year.

6(d) Estimating the Respondent Universe and Total Burden and Costs

The respondent universe for this ICR is calculated based on a total number of 276 surveys to be completed during the 3-year ICR period for an average of up to 92 respondents (representing fish advisory contacts from 50 states, District of Columbia, five U.S. territories and 36 Native American Tribes). The number of respondents involved in each activity varies. It is anticipated that 90 percent of respondents will exercise that option.

6(e) Bottom Line Burden Hours and Cost Tables

(i) Respondent Tally

Only one respondent table was prepared for this ICR.

Total Estimated Respondent Burden and Cost Summary

Technical and Financial Requirements	Number of Respondents	Number of Activities	Total Hours	Total Labor Cost	Total Capital Costs	Total O&M Costs	Total Costs
Year 1	92	8	3,335.92	$125,177.39	$0.00	$519.70	$125,697.09
Year 2	92	8	3,335.92	$125,177.39	$0.00	$519.70	$125,697.09
Year 3	92	8	3,335.92	$125,177.39	$0.00	$519.70	$125,697.09
TOTAL	276	24	10,007.76	$375,532.17	$0.00	$1,559.10	$377,091.28
AVERAGE	92	8	3,335.92	$125,177.39	$0.00	$519.70	$125,697.09

(ii) The Agency Tally

The Agency and contractor tables are summarized in the following table.

Total Estimated Agency Burden and Cost Summary

Technical and Financial Requirements	Number of Respondents	Number of Activities	Total Hours	Total Labor Cost	Total Capital Costs	Total O&M Costs	Total Costs
Year 1	92	10	88.32	$8,049.78	$0.00	$159,291.00	$167,340.78
Year 2	92	10	88.32	$8,049.78	$0.00	$159,291.00	$167,340.78
Year 3	92	10	88.32	$8,049.78	$0.00	$159,291.00	$167,340.78
TOTAL	276	30	264.96	$24,149.34	$0.00	$477,873.00	$502,022.34
AVERAGE	92	10	88.32	$8,049.78	$0.00	$159,291.00	$167,340.78

(iii) Variations in the Annual Bottom Line

No change in collection activities or burden and costs per respondent is anticipated during the course of this ICR.

6(f) Reasons for Change in Burden

There is a decrease of 229 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects a change in how the states, tribes and territories provide the fish advisory data to EPA. The data tool is no longer being used by states to enter data into the NLFA database.

6(g) Burden Statement

The annual public reporting and record keeping burden for this collection of information is estimated to average approximately 36 hours per respondent. 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 Tribal or federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information requirement; 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. These numbers for EPA’s regulations are listed in 40 CFR Part 9 and 48 CFR Chapter 15.

To comment on EPA’s need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. EPA-HQ-OW-2007-0201, which is available for public viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20460. 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 and is (202) 566-2426. An electronic version of the public docket is available online for viewing at http://www.regulations.gov. Use http://www.regulations.gov 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 type 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 17^th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include EPA Docket ID (EPA-HQ-OW-2007-0201) and OMB Control Number (2040-0226) in any correspondence.

File Type	application/vnd.openxmlformats-officedocument.wordprocessingml.document
File Title	INFORMATION COLLECTION REQUEST
Author	Donna C. Colville-Taylor
File Modified	0000-00-00
File Created	2021-02-01