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.
table that charts list comparision
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. 2040â0049, and consolidates the burden and costs associated with activities previously reported in two related ICRs: the WQS Regulatory Revisions ICR, OMB control no. 2040â0286; and the Revised Interpretation of Clean Water Act Tribal Provision ICR, OMB control no. 2040â0289. 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.
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 â WQS Regulatory Revisions ICR (OMB Control Number 2040-0286) and Revised Interpretation of Clean Water Act Tribal Provision ICR (OMB Control Number 2040-0289) â 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