Information Request for Section 401 Requirements [EPA ID 2603.01] (Emergency ICR)

Forms and Documents

Document Name	Status
Emergency ICR cover letter-signed.pdf Supporting Statement A	2019-08-09

IC Document Collections

IC ID	Document Title	Status
237204	Existing 401 Requirements - States, Territories, & Tribes	New
237203	Existing Section 401 Requirements	New

ICR Details

OMB Control No: 2040-0295	ICR Reference No: 201907-2040-001
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: EPA/OW	Agency Tracking No: 2603.01
Title: Information Request for Section 401 Requirements [EPA ID 2603.01] (Emergency ICR)
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/01/2019
OIRA Conclusion Action: Approved with change	Conclusion Date: 08/09/2019
	Date Received in OIRA: 07/31/2019
Terms of Clearance: In accordance with 5 CFR 1320.13, this information collection is approved for 90 days as an emergency clearance. As terms of clearance, EPA is required to gather additional information needed to more fully and accurately describe the parameters of the collection and to work concorurrently on a permanent ICR for after the expiration of this approval.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2020	6 Months From Approved
Responses	81,161	0	0
Time Burden (Hours)	324,644	0	0
Cost Burden (Dollars)	1,853,950	0	0

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Abstract: The EPA’s current water quality certification regulations were promulgated in 1971, prior to the 1972 amendments that enacted Clean Water Act (CWA) section 401. Congress enacted CWA section 401 to provide certifying authorities (including states, authorized tribes, and in some circumstances the EPA) with an important tool to help protect water quality within their borders in collaboration with federal agencies. Under section 401, a federal agency may not issue a permit or license that may result in any discharge into navigable waters unless the certifying authority where the discharge would originate grants, denies, or waives a section 401 water quality certification. CWA section 401 authorizes certifying authorities to collect project specific information to determine whether a discharge complies with applicable federal, state, and tribal water quality requirements. During the recent process of updating the regulations for section 401, the Agency was made aware that an existing ICR was not in place for the agency’s current certification regulations. The Agency did not develop an ICR for the current regulations at the time they were promulgated because they pre-date the establishment of both the 1972 CWA and 1980 Paperwork Reduction Act. The Agency is seeking OMB approval for a 6-month emergency ICR, during which time the Agency intends to gather additional information needed to more fully and accurately describe the parameters of this collection.

Emergency Justfication: During the recent process of updating the regulations for section 401, the Agency was made aware that an existing ICR was not in place for the agency’s current certification regulations. The Agency did not develop an ICR for the current regulations at the time they were promulgated because they pre-date the establishment of both the 1972 CWA and 1980 Paperwork Reduction Act. The Agency is seeking OMB approval for a 6-month emergency ICR, during which time the Agency intends to gather additional information needed to more fully and accurately describe the parameters of this collection.

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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:
	Not associated with rulemaking

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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: 2

IC Title	Form No.	Form Name
Existing Section 401 Requirements
Existing 401 Requirements - States, Territories, & Tribes

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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	81,161	0	0	0	0	81,161
Annual Time Burden (Hours)	324,644	0	0	0	0	324,644
Annual Cost Burden (Dollars)	1,853,950	0	0	0	0	1,853,950

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:

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Annual Cost to Federal Government: $3,700

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? 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: 07/31/2019

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