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OMB Control No: 2040-0168	ICR Reference No: 202502-2040-003
Status: Received in OIRA	Previous ICR Reference No: 202106-2040-002
Agency/Subagency: EPA/OW	Agency Tracking No: 0220.18
Title: Clean Water Act Section 404 State-Assumed Programs (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular	Date Submitted to OIRA: 02/28/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2025
Responses	10,163	18,051
Time Burden (Hours)	130,600	218,881
Cost Burden (Dollars)	0	0

Abstract: This information collection request describes the burden (hours) and labor cost (dollars) associated with 40 CFR 233, the regulations that implement Clean Water Act Section 404(g). The Clean Water Act authorizes states [tribes] to assume the section 404 permit program for discharges of dredged or fill material into certain waters of the U.S. Implementing regulations establish specific information that must be submitted to EPA when a state/tribe requests program assumption and while administering the program. There are three types of information collected for different needs. The three parts are: 1) Information needed for EPA to review and approve state or tribal requests to assume the program; 2) information needed from permit applicants for reviewing and processing the permit application; and 3) information the state or tribe must submit to EPA in their annual report summarizing program administration.

Authorizing Statute(s): PL: Pub.L. 92 - 500 404 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:
	88 FR 55276	08/14/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	90 FR 10897	02/28/2025
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	10,163	18,051	-7,888
Annual Time Burden (Hours)	130,600	218,881	-88,281
Annual Cost Burden (Dollars)	0	0	0

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: There is a decrease of 88,281 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. The primary factor contributing to the overall decrease in burden and labor costs between this renewal and the previous ICR was the reduction in the number of Tribes and states seeking assumption and administering a Section 404 program. Other factors that influenced the overall burden and costs estimates included revising scaling factors for individual activities (e.g., completing and reviewing permit applications, and program modification) and updating labor costs to 2024 hourly wages. Additionally, the agency recognized the seven state feasibility studies provided useful information to inform burden and costs associated with Section 404 program assumption. For this reason, this collection request incorporates data from those studies and presents a summary of that information in a new pre-submission activities category.

Annual Cost to Federal Government: $173,405

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

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