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

Forms and Documents

Document	Type	Status	Availability
2515.02 - Strategy For Reviewing Applications for TAS 01-23-08.pdf	Supplementary Document	Uploaded 2016-07-14	Available
2515ss02 - CWA TAS Reinterpretation amended 6-23-16.docx	Supporting Statement A	Uploaded 2016-07-14	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
217855	Tribal Governments - Treatment as State (TAS) Applications	Other-Template for WQS TAS Application	Modified

ICR Details

OMB Control No: 2040-0289	ICR Reference No: 201605-2040-001
Status: Historical Active	Previous ICR Reference No: 201508-2040-003
Agency/Subagency: EPA/OW	Agency Tracking No: 2515.02
Title: Revised Interpretation of Clean Water Act Tribal Provision (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 07/19/2016
	Date Received in OIRA: 05/16/2016
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2019	36 Months From Approved
Responses	6	0	0
Time Burden (Hours)	9,642	0	0
Cost Burden (Dollars)	263,520	0	0

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Abstract: 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.

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Authorizing Statute(s): PL: Pub.L. 100 - 4 518(e) Name of Law: Clean Water Act Amendments of 1987
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AA99	Final or interim final rulemaking	81 FR 30183	05/16/2016

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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: 1

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

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ICR Summary of Burden

	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

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government: $58,572

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? 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? Uncollected

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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: 05/16/2016

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