Treatment of Indian Tribes in a Similar Manner as States for Purposes of Section 303(d) of the Clean Water Act (Renewal)

ICR 201910-2040-002

OMB: 2040-0290

Federal Form Document

Forms and Documents
Document
Name
Status
Supporting Statement A
2020-03-20
IC Document Collections
IC ID
Document
Title
Status
219494
Modified
ICR Details
2040-0290 201910-2040-002
Active 201610-2040-001
EPA/OW 2553.03
Treatment of Indian Tribes in a Similar Manner as States for Purposes of Section 303(d) of the Clean Water Act (Renewal)
Extension without change of a currently approved collection   No
Regular
Approved with change 03/20/2020
Retrieve Notice of Action (NOA) 10/31/2019
In accordance with 5 CFR 1320, the information collection is approved for three years.
  Inventory as of this Action Requested Previously Approved
03/31/2023 36 Months From Approved 03/31/2020
5 0 12
34,757 0 89,904
12,443 0 132,000

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.

PL: Pub.L. 92 - 500 518 Name of Law: Clean Water Act
  
None

Not associated with rulemaking

  84 FR 15216 04/15/2019
84 FR 58155 10/30/2019
No

1
IC Title Form No. Form Name
Tribal Governments

  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 5 12 0 0 -7 0
Annual Time Burden (Hours) 34,757 89,904 0 0 -55,147 0
Annual Cost Burden (Dollars) 12,443 132,000 0 0 -119,557 0
No
No
There is a decrease of 55,147 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. These decreases are due to: (1) the estimated annual number of respondents decreasing from twelve to five; (2) new and better data that parses out labor and costs per activity; and (3) TAS application burden and cost estimates from post-final rule, Revised Interpretation of Clean Water Act Tribal Provision (the previous ICR used pre-final rule estimates).

$119,754
No
    No
    No
No
No
No
Uncollected
Carol Peterson 202 566-1304 peterson.carol@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.
10/31/2019


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