Water Quality Certification Regulations (Final Rule)

Forms and Documents

Document Name	Status
2603ss08.docx Supporting Statement A	2023-10-10

IC Document Collections

IC ID	Document Title	Status
262519	Tribes Obtaining TAS	New
237204	Certifying Authorities	Modified
237203	Project Proponents	Modified

ICR Details

OMB Control No: 2040-0295	ICR Reference No: 202309-2040-001
Status: Received in OIRA	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	Date Submitted to OIRA: 10/12/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	09/30/2026
Responses	154,006	154,000
Time Burden (Hours)	861,274	860,500
Cost Burden (Dollars)	0	8,000,000

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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.

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

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? Yes

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

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

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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	154,006	154,000	0	6	0	0
Annual Time Burden (Hours)	861,274	860,500	0	774	0	0
Annual Cost Burden (Dollars)	0	8,000,000	0	0	-8,000,000	0

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.

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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

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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: 10/12/2023

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