In accordance with 5 CFR 1320, OMB is filing comment and withholding approval at this time. The agency shall examine public comment in response to the proposed rulemaking and will include in the supporting statement of the next ICR--to be submitted to OMB at the final rule stage--a description of how the agency has responded to any public comments on the ICR, including comments on maximizing the practical utility of the collection and minimizing the burden.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
02/29/2020
36 Months From Approved
02/29/2020
81,161
0
81,161
324,644
0
324,644
1,853,950
0
1,853,950
This Information Collection Request (ICR) describes the cost and burden associated with the proposed revisions to 40 CFR 121 included in the Updating Regulations on Water Quality Certification proposed rule. These proposed revisions are intended to modernize the EPAs existing regulations at 40 CFR 121 and make them consistent with the current text and structure of the Clean Water Act (CWA). These proposed revisions are also intended to provide additional regulatory procedures that the EPA believes will promote consistent implementation of section 401 and streamline the federal licensing and permitting process.
Congress enacted CWA section 401 to provide certifying authorities (states, authorized tribes, and in limited 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 waters of the United States unless the certifying authority where the discharge would originate issues a section 401 water quality certification verifying that the discharge will comply with certain water quality requirements or waives the certification requirement.
CWA section 401 requires project proponents to submit project specific information to certifying authorities. Certifying authorities may act on project specific information by either granting, granting with conditions, denying, or waiving section 401 certification. All states and tribes with treatment as a state (TAS) authorization for section 401 have authority to implement section 401 certification programs. The EPA has authority to implement section 401 certification programs on behalf of tribes without TAS for section 401 and on lands of exclusive federal jurisdiction. The EPA is also responsible for coordinating input from neighboring or downstream states and tribes affected by a discharge from a federally licensed or permitted project under section 401(a)(2). CWA section 401 requires certifying authorities to submit information to the relevant federal licensing or permitting agency to indicate the action taken on a request for certification.
The revisions in the proposed rule clarify the information that project proponents must provide to request a section 401 certification, introduce a preliminary meeting requirement for project proponents where the EPA acts as the certifying authority, and remove the information requirement for project proponents in a section 401(a)(2) evaluation. The proposed revisions also clarify the information a certifying authority must provide in order to act on a request for section 401 certification and remove any information requirement in the certification modification context. The EPA expects these proposed revisions to provide greater clarity on section 401 requirements, reduce the overall preparation time spent by a project proponent on certification requests, and reduce the review time for certifying authorities.
The EPA expects that the revisions to 40 CFR 121 included in Updating Regulations on Water Quality Certification proposed rule will provide no net change in information collection burden. All changes between this ICR and the previously approved request (EPA ID # 2603.01) are a result of rounding.
The revisions in the proposed rule clarify the information project proponents must provide to apply for section 401 certification, removes the information requirement for project proponents in a section 401(a)(2) evaluation, and introduce a preliminary meeting requirement for project proponents where the EPA acts as the certifying authority. The proposed revisions also clarify the information a certifying authority must provide to act on a request for section 401 certification and remove any information collection requirement in the certification modification context. The EPA expects these proposed revisions to provide greater clarity for project proponents and certifying authorities.
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.
2603fr02.docx
Certifying Authorities