Clean Water Act Section 404 State-Assumed Programs (Renewal)

Forms and Documents

Document Name	Status
0220ss18.docx Supporting Statement A	2025-02-28

IC Document Collections

IC ID	Document Title	Status
46263	Annual Report	Removed
46262	States or Tribes Administering an Approved 404 Program	Modified
248088	Regulated Community (i.e., Permittees)	Modified
23640	Program Assumption Requests	Modified

ICR Details

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	02/28/2025
Responses	10,163	18,051
Time Burden (Hours)	130,600	218,881
Cost Burden (Dollars)	0	0

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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.

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Authorizing Statute(s): PL: Pub.L. 92 - 500 404 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:
	Not associated with rulemaking

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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

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

IC Title	Form No.	Form Name
Annual Report
Program Assumption Requests
Regulated Community (i.e., Permittees)
States or Tribes Administering an Approved 404 Program

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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	10,163	18,051	0	0	-7,888	0
Annual Time Burden (Hours)	130,600	218,881	0	0	-88,281	0
Annual Cost Burden (Dollars)	0	0	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: 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.

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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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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: 02/28/2025

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