View Information Collection Request (ICR) Package

OMB Control No: 2040-0295	ICR Reference No: 202309-2040-001
Status: Active	Previous ICR Reference No: 202307-2040-001
Agency/Subagency: EPA/OW	Agency Tracking No: 2603.08
Title: Water Quality Certification Regulations (Final Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/10/2024
	Date Received in OIRA: 10/12/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2027	36 Months From Approved	09/30/2026
Responses	154,006	0	154,000
Time Burden (Hours)	861,274	0	860,500
Cost Burden (Dollars)	0	0	8,000,000

Abstract: This Information Collection Request (ICR) describes the cost and burden associated with final revisions to 40 CFR 121, the regulations that implement Clean Water Act (CWA) section 401. Under these regulations, project proponents must submit specific project information to EPA when it acts as a certifying authority. Certifying authorities must submit information to the relevant federal licensing or permitting agency to indicate the action taken, if any, on a request for certification.

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-AG12	Final or interim final rulemaking	87 FR 35318	06/09/2022

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? Yes

Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Certifying Authorities
Project Proponents
Tribes Obtaining TAS

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	154,006	154,000	6	0
Annual Time Burden (Hours)	861,274	860,500	774	0
Annual Cost Burden (Dollars)	0	8,000,000	0	-8,000,000

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: There are changes in this collection due to the final rule. First, the non-labor costs for project proponents decreased because of the removal of certification fees from the burden estimate. EPA removed consideration of CWA section 401 fees since they represent a transfer from project proponents to certifying authorities. As previously discussed above, EPA had included an $8 million (mid-point) estimate for fees paid by project proponents for certification requests in the previous collection request. However, the $8 million estimate for certification fees represents a burden faced by project proponents, but these fees are a transfer from a benefit-cost analysis standpoint. Second, the overall annual hourly burden and annual burden costs increased from the existing collection due to the adoption of regulations for Tribes to seeking authorization for CWA section 401 TAS. In several areas, the final rule codifies existing practices that have been widely implemented consistent with nearly 50 years of case law and Agency guidance on the 1971 Rule. As such, the final rule’s impacts on small governmental jurisdictions, businesses, and organizations are expected to be minimal. Key changes under the final rule may reduce the burden on project proponents (that may be considered small entities) by promoting early project coordination and transparency among parties and increasing flexibility when establishing the reasonable period of time to respond to requests for certification.

Annual Cost to Federal Government: $164,616

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: Liana Prudencio 202 564-2143 prudencio.liana@epa.gov

View ICR - OIRA Conclusion