Water Quality Certification Regulations (Final Rule)

Forms and Documents

Document Name	Status
2603ss05.docx Supporting Statement A	2020-07-13

IC Document Collections

IC ID	Document Title	Status
237204	Certifying Authorities	Modified
237203	Project Proponents	Modified

ICR Details

OMB Control No: 2040-0295	ICR Reference No: 202007-2040-001
Status: Received in OIRA	Previous ICR Reference No: 202002-2040-003
Agency/Subagency: EPA/OW	Agency Tracking No: 2603.05
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	Date Submitted to OIRA: 07/13/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2023
Responses	194,000	194,000
Time Burden (Hours)	931,000	1,067,000
Cost Burden (Dollars)	8,000,000	8,000,000

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Abstract: This Information Collection Request (ICR) describes the estimated cost and burden associated with the revisions to 40 CFR 121, promulgated in the Clean Water Act Section 401 Certification Rule. These revisions update and modernize the EPAs 1971 certification regulations at 40 CFR 121 (36 FR 22487, Nov. 25, 1971; re-designated at 37 FR 21441, October 11, 1972; further re-designated at 44 FR 32899, June 7, 1979) and make them consistent with the current text and structure of the Clean Water Act (CWA). These revisions are also intended to provide clarity on procedures so that the EPA can promote more consistent implementation of section 401 and streamline the federal licensing and permitting process.

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Authorizing Statute(s): US Code: 33 USC 1341 Name of Law: Clean Water Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AF86	Final or interim final rulemaking	85 FR 42210	07/13/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Certifying Authorities
Project Proponents

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ICR Summary of Burden

	Total Request	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	194,000	194,000	0	0	0	0
Annual Time Burden (Hours)	931,000	1,067,000	0	-136,000	0	0
Annual Cost Burden (Dollars)	8,000,000	8,000,000	0	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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The final rule results in an estimated marginal burden decrease of 136,000 hours. This marginal decrease is associated with the reduction of information requirements in the final rule and a projected decrease in certifying authority review times associated with the clearer scope of certification in section 121.3 of the final rule.

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Annual Cost to Federal Government: $9,072

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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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 07/13/2020

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