Water Quality Certification Regulations (Renewal)

Forms and Documents

Document Name	Status
2603ss03 - REV.docx Supporting Statement A	2020-04-02

IC Document Collections

IC ID	Document Title	Status
237204	Water Quality Certification Regulations - Certifying Authorities	Modified
237203	Water Quality Certification Regulations - Project Proponents	Modified

ICR Details

OMB Control No: 2040-0295	ICR Reference No: 202002-2040-003
Status: Active	Previous ICR Reference No: 201911-2040-001
Agency/Subagency: EPA/OW	Agency Tracking No: 2603.03
Title: Water Quality Certification Regulations (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 04/02/2020
	Date Received in OIRA: 02/28/2020
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. As terns if clearance, EPA is reminded that if it finalizes any changes to regulations relating to this program that involve changes to information collection, it would be required to submit and have approved by OMB a revised ICR reflecting those changes before it could implement them.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2023	36 Months From Approved	04/30/2020
Responses	194,000	0	81,161
Time Burden (Hours)	1,067,000	0	324,644
Cost Burden (Dollars)	8,000,000	0	1,853,950

---

Abstract: This Information Collection Request (ICR) describes the cost and burden associated with 40 CFR 121, the regulations that implement Clean Water Act (CWA) section 401. 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. 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. If the certifying authority fails or refuses to act on a request for certification, within a reasonable period of time (which shall not exceed one year) after receipt of such request, the certification requirements of this subsection shall be waived with respect to such Federal application. The EPA is also responsible for coordinating input from certain neighboring or downstream states and tribes affected by a discharge from a federally licensed or permitted project under section 401(a)(2). Information collected directly by the EPA under section 401 in support of the section 402 permit program is already captured under an existing ICR (OMB Control Number 2040-0004) and is therefore not included in this analysis.

---

Authorizing Statute(s): US Code: 33 USC 1341 Name of Law: Clean Water Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 65390	11/27/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 11985	02/28/2020
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Water Quality Certification Regulations - Project Proponents
Water Quality Certification Regulations - Certifying Authorities

---

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	194,000	81,161	0	0	112,839	0
Annual Time Burden (Hours)	1,067,000	324,644	0	0	742,356	0
Annual Cost Burden (Dollars)	8,000,000	1,853,950	0	0	6,146,050	0

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: There is an increase in the estimated burden, number of respondents, and number of responses when compared to the estimates presented in the currently approved ICR. These changes are due to refinements in how the estimates are calculated in addition to newly collected and updated data made available since the first notice. The EPA evaluated additional information, in addition to consulting with certifying authorities, to compile suitable data for estimation of potential fees where appropriate.

---

Annual Cost to Federal Government: $11,340

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

---

Common Form ICR:  No

---

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: 02/28/2020

---