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OMB Control No: 2040-0290	ICR Reference No: 202302-2040-001
Status: Active	Previous ICR Reference No: 201910-2040-002
Agency/Subagency: EPA/OW	Agency Tracking No: 2553.04
Title: Treatment of Indian Tribes in a Similar Manner as States for Purposes of Section 303(d) of the Clean Water Act (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/09/2024
	Date Received in OIRA: 02/08/2023
Terms of Clearance: In accordance with 5 CFR 1320, EPA is required to include the following information in its submission for information collection request review and approval: (1) supporting statements to show compliance with PRA requirements and other associated laws; (2) a description of the regulatory text applicable to the ICR including submission specifications; (3) a clear description of the data elements being collected under the ICR; (4) copies of the data collection instrument(s) and/or screen shots of the electronic portal (ATTAINS or its successor) where the reporting requirements are submitted to EPA (with the control number and burden statement included); (5) a detailed discussion of how information is submitted and the extent to which electronic reporting is available; (6) evidence of consultation with respondents (by actively reaching out to stakeholders as permitted by the PRA) to ensure the supporting statement's accuracy on availability of data, frequency of collection, clarity of instructions, accuracy of burden estimate, relevance of data elements, and similar PRA matters; and (7) discussion of how EPA addressed substantive concerns raised by respondents and other stakeholders during consultation and in response to comments received on FR notices. In addition, supporting statement A should use the standard 18 question SS-A format. More information can be found at https://pra.digital.gov/clearance-process/supporting-statement/.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2027	36 Months From Approved	08/31/2024
Responses	5	0	5
Time Burden (Hours)	34,757	0	34,757
Cost Burden (Dollars)	12,443	0	12,443

Abstract: In 2016, EPA issued regulations establishing a process for federally recognized tribes to obtain treatment in a similar manner as states (TAS) for purposes of administrating the water quality restoration provisions of Clean Water Act (CWA) Section 303(d), including establishing lists of impaired waters on their reservations and developing total maximum daily loads (TMDLs). The CWA does not require tribes to administer the CWA Section 303(d) program. However, tribes seeking to be authorized must apply for and be found eligible for TAS through the procedures described in the regulations. Section 303(d) of the CWA requires states, territories, and authorized tribes to identify and establish a priority ranking for waters that do not meet EPA-approved or promulgated water quality standards (WQS) following the implementation of technology-based controls. For waters so identified, Section 303(d) requires states, territories, and authorized tribes to establish TMDLs in accordance with their priority ranking for those pollutants the Administrator identified as suitable for TMDL calculation. A TMDL is the calculation and allocation to point and nonpoint sources of the maximum amount of a pollutant that a water body can receive and still meet applicable WQS, with a margin of safety.

Authorizing Statute(s): PL: Pub.L. 92 - 500 518 Name of Law: Clean Water Act

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 43028	07/19/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 5874	01/24/2023
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Tribal Governments

ICR Summary of Burden

	Total Approved	Previously Approved
Annual Number of Responses	5	5
Annual Time Burden (Hours)	34,757	34,757
Annual Cost Burden (Dollars)	12,443	12,443

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:

Annual Cost to Federal Government: $138,187

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? No

Agency Contact: Edward Laird 202 566-2848 laird.edward@epa.gov

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