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.
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