In accordance
with 5 CFR 1320, the information collection is approved for three
years. As terms of clearance and as required by 5 CFR 1320.8(d)(1),
before the agency submits a renewal request for this collection it
is required to consult with up to 9 members of the public and
affected agencies concerned with this collection on matters
including the accuracy of the burden estimate, ways to minimize the
burden, and ways to improve the quality and utility of the
collection.
Inventory as of this Action
Requested
Previously Approved
12/31/2021
36 Months From Approved
06/30/2019
2,643
0
274
507,887
0
292,305
263,520
0
0
The Water Quality Standards (WQS)
regulation establishes the framework for states and authorized
tribes to adopt WQS for waters of the United States, and for the
EPA to review and approve or disapprove the WQS. For the purposes
of this ICR, the WQS regulation consists of 40 CFR part 131 (Water
Quality Standards), and portions of part 132 (Water Quality
Guidance for the Great Lakes System) that are related to WQS. This
ICR is for information collections needed to implement the WQS
regulation, required to obtain or retain benefits (e.g., relaxed
regulatory requirements) under the WQS regulation, and to collect
voluntary program information useful in administering WQS programs
effectively and efficiently. This ICR renews the WQS Regulation
ICR, OMB control no. 2040–0049, and consolidates the burden and
costs associated with activities previously reported in two related
ICRs: the WQS Regulatory Revisions ICR, OMB control no. 2040–0286;
and the Revised Interpretation of Clean Water Act Tribal Provision
ICR, OMB control no. 2040–0289. This ICR renewal and consolidation
describes the estimated information collection burden for states,
authorized tribes, tribes seeking authorization, and certain Great
Lakes dischargers to: adopt, review, and revise WQS; comply with
certain specific requirements of the regulation; submit tribal
applications to be treated in a similar manner as a state (TAS);
and request certain EPA dispute resolution assistance. This ICR
also covers responses to periodic requests for voluntary WQS
program information from, or voluntary participation in workgroups
by, state and tribes to further cooperative federalism. The effect
of this ICR renewal and consolidation is a reduction of the number
of WQS-related ICRs from three to one. Upon approval, the overall
estimated burden associated with this ICR is 505,387 hours, a
decrease of 235,640 hours (31.8 percent) from the combined
OMB-approved burdens of all three stand-alone ICRs.
US Code:
33
USC 1313c Name of Law: Clean Water Act
The current OMB approved burden
for the existing WQS Regulation ICR (OMB Control Number 2040-0049)
is 292,305 hours. In this renewal, two other current ICRs – WQS
Regulatory Revisions ICR (OMB Control Number 2040-0286) and Revised
Interpretation of Clean Water Act Tribal Provision ICR (OMB Control
Number 2040-0289) – are being consolidated into the WQS Regulation
ICR. They have OMB approved burden hours of 439,080 and 9,642,
respectively. If the three collections were combined without any
changes, the total annual burden would be 741,027. However, EPA is
reducing the estimated burden of the new collection by 233,140
hours (31.5 percent) from the combined OMB approved burden of the
three stand-alone ICRs. This is due to changes in the estimated
number of responses. Specifically, the decrease of 233,140
respondent burden hours from the previously approved levels
reflects the net effects of the following revised estimates (no
program changes were made): • A downward revision in the estimated
number of state and tribal responses submitted to the EPA annually
from 960 to 50 under (B)(8) WQS Variances: Submission Requirements
and (B)(9) WQS Variances: Reevaluations. Because the average number
of variances issued annually has been 25 per year nationally, the
Agency found that the estimate of 960 in the currently approved ICR
was unrealistic. Instead, the Agency projects a doubling of the
historic rate to 50 variances per year (¬¬¬-226,730 burden hours);
• A decrease in the estimated number of remaining one-time
responses under (B)(1) Rulemaking and (B)(5) Antidegradation: Tier
2 Waters Designations to reflect one-time actions completed in
2015-2017 ( 16,900 hours); • An increase of two authorized tribes
with EPA approved WQS, from 42 to 44, affecting state and tribal
burden under (A) WQS Adoption, Review, and Revision (WQS Base
Program) and (B)(3) Triennial Review: Criteria Explanations (+5,900
hours); • An increase in the average number of new or updated EPA
water quality criteria recommendations to 10 per year (formerly 9
per year) under (B)(3) Triennial Review: Criteria Explanations
(+2,500 hours); • An increase due to quantifying voluntary state
and tribal responses under (E) Periodic Requests for WQS Program
Information which were previously authorized but not quantified
(+2,000 hours); and • A net increase from minor adjustments
including changes in rounding (+90 hours). The changes in burden
for each collection are provided in Table 3 in section 7.
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.
0988ss13-V3( 12-10-18).docx
Water Quality Standards Regulation - Private Sector