Revised Interpretation of Clean Water Act Tribal Provision (Final Rule)

ICR 201605-2040-001

OMB: 2040-0289

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2016-07-14
Supporting Statement A
2016-07-14
IC Document Collections
ICR Details
2040-0289 201605-2040-001
Historical Active 201508-2040-003
EPA/OW 2515.02
Revised Interpretation of Clean Water Act Tribal Provision (Final Rule)
New collection (Request for a new OMB Control Number)   No
Regular
Approved with change 07/19/2016
Retrieve Notice of Action (NOA) 05/16/2016
In accordance with 5 CFR 1320, the information collection is approved for three years.
  Inventory as of this Action Requested Previously Approved
07/31/2019 36 Months From Approved
6 0 0
9,642 0 0
263,520 0 0

The final rule streamlines how tribes apply for treatment in a similar manner as a state (TAS) for the water quality standards (WQS) program and other Clean Water Act (CWA) regulatory programs. EPA concludes definitively that section 518 includes an express delegation of authority by Congress to eligible Indian tribes to administer regulatory programs over their entire reservations. This reinterpretation eliminates the need for applicant tribes to demonstrate inherent authority to regulate under the CWA, thus allowing tribes to implement the congressional delegation of authority unhindered by requirements not specified in the statute. The rule reduces the burden on applicant tribes and advances cooperative federalism by facilitating tribal involvement in the protection of reservation water quality as intended by Congress.

PL: Pub.L. 100 - 4 518(e) Name of Law: Clean Water Act Amendments of 1987
  
None

2040-AA99 Final or interim final rulemaking 81 FR 30183 05/16/2016

No

1
IC Title Form No. Form Name
Tribal Governments - Treatment as State (TAS) Applications

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 6 0 0 6 0 0
Annual Time Burden (Hours) 9,642 0 0 9,642 0 0
Annual Cost Burden (Dollars) 263,520 0 0 263,520 0 0
Yes
Changing Regulations
No
The programmatic changes associated with the interpretive rule would result in a reduction in total burden and cost to tribes and EPA for developing and processing TAS applications. There is an overall burden increase however, as more tribes are expected to apply for TAS during the first few years following the reinterpretation.

$58,572
No
No
No
No
No
Uncollected
Fred Leutner 202 566-0378 leutner.fred@epa.gov

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
05/16/2016


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