View Information Collection Request (ICR) Package

OMB Control No: 2040-0295	ICR Reference No: 201908-2040-001
Status: Historical Inactive	Previous ICR Reference No: 201907-2040-001
Agency/Subagency: EPA/OW	Agency Tracking No: 2603.02
Title: Information Request for Section 401 Requirements [EPA ID 2603.01] (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 10/08/2019
	Date Received in OIRA: 08/22/2019
Terms of Clearance: In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and will include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2020	36 Months From Approved	02/29/2020
Responses	81,161	0	81,161
Time Burden (Hours)	324,644	0	324,644
Cost Burden (Dollars)	1,853,950	0	1,853,950

Abstract: This Information Collection Request (ICR) describes the cost and burden associated with the proposed revisions to 40 CFR 121 included in the Updating Regulations on Water Quality Certification proposed rule. These proposed revisions are intended to modernize the EPAs existing regulations at 40 CFR 121 and make them consistent with the current text and structure of the Clean Water Act (CWA). These proposed revisions are also intended to provide additional regulatory procedures that the EPA believes will promote consistent implementation of section 401 and streamline the federal licensing and permitting process. Congress enacted CWA section 401 to provide certifying authorities (states, authorized tribes, and in limited circumstances, the EPA) with an important tool to help protect water quality within their borders in collaboration with federal agencies. Under section 401, a federal agency may not issue a permit or license that may result in any discharge into waters of the United States unless the certifying authority where the discharge would originate issues a section 401 water quality certification verifying that the discharge will comply with certain water quality requirements or waives the certification requirement. CWA section 401 requires project proponents to submit project specific information to certifying authorities. Certifying authorities may act on project specific information by either granting, granting with conditions, denying, or waiving section 401 certification. All states and tribes with treatment as a state (TAS) authorization for section 401 have authority to implement section 401 certification programs. The EPA has authority to implement section 401 certification programs on behalf of tribes without TAS for section 401 and on lands of exclusive federal jurisdiction. The EPA is also responsible for coordinating input from neighboring or downstream states and tribes affected by a discharge from a federally licensed or permitted project under section 401(a)(2). CWA section 401 requires certifying authorities to submit information to the relevant federal licensing or permitting agency to indicate the action taken on a request for certification. The revisions in the proposed rule clarify the information that project proponents must provide to request a section 401 certification, introduce a preliminary meeting requirement for project proponents where the EPA acts as the certifying authority, and remove the information requirement for project proponents in a section 401(a)(2) evaluation. The proposed revisions also clarify the information a certifying authority must provide in order to act on a request for section 401 certification and remove any information requirement in the certification modification context. The EPA expects these proposed revisions to provide greater clarity on section 401 requirements, reduce the overall preparation time spent by a project proponent on certification requests, and reduce the review time for certifying authorities.

Authorizing Statute(s): US Code: 33 USC 1341 Name of Law: Clean Water Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AF86	Proposed rulemaking	84 FR 44080	08/22/2019

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Certifying Authorities
Project Proponents

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The EPA expects that the revisions to 40 CFR 121 included in Updating Regulations on Water Quality Certification proposed rule will provide no net change in information collection burden. All changes between this ICR and the previously approved request (EPA ID # 2603.01) are a result of rounding. The revisions in the proposed rule clarify the information project proponents must provide to apply for section 401 certification, removes the information requirement for project proponents in a section 401(a)(2) evaluation, and introduce a preliminary meeting requirement for project proponents where the EPA acts as the certifying authority. The proposed revisions also clarify the information a certifying authority must provide to act on a request for section 401 certification and remove any information collection requirement in the certification modification context. The EPA expects these proposed revisions to provide greater clarity for project proponents and certifying authorities.

Annual Cost to Federal Government: $3,700

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination. No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination. No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Brian Frazer 202 566-1652 Frazer.brian@epa.gov

View ICR - OIRA Conclusion