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
04/30/2023
36 Months From Approved
04/30/2020
194,000
0
81,161
1,067,000
0
324,644
8,000,000
0
1,853,950
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.
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.
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.
2603ss03 - REV.docx
Water Quality Certification Regulations - Certifying Authorities