Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights (Proposed Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2700ss01.docx	Supporting Statement A	Uploaded 2022-12-06	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
257267	State WQS Triennial Review Reporting on Protection of Tribal Reserved Rights		New

ICR Details

OMB Control No: 2040-0309	ICR Reference No: 202212-2040-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: EPA/OW	Agency Tracking No: 2700.01
Title: Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 03/27/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/14/2022
Terms of Clearance: In accordance with 1320.10(a), the agency is reminded to submit the ICR for OMB review the day of Federal Register publication for the proposed rule. The agency shall examine public comment in response to the proposed rulemaking and 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. Upon resubmission at the final rule stage, the agency should update the supporting statement to align with the general 18 question supporting statement template that the federal government uses for supporting documentation for OMB reviews.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: EPA will use the information required by this proposed rule to carry out its responsibilities under the CWA to review and approve or disapprove new and revised WQS submitted by states. In reviewing state WQS submissions, EPA considers whether those submissions are consistent with the WQS regulation at Part 131. The current regulation requires states to include supporting information to accompany WQS submissions to help EPA determine whether the submitted new and revised WQS are consistent with Part 131. This rule will add a new requirement to Part 131 to require, where applicable, that state WQS submissions provide additional supporting information about whether the submitted WQS protect tribal reserved rights, including information about the scope, nature, and current and historical use of the tribal reserved rights, and data and methods used to develop the WQS. This mandatory information collection will provide EPA with information necessary to review standards and make approvals or disapprovals in accordance with the CWA, 40 CFR Part 131, and other federal laws.

---

Authorizing Statute(s): US Code: 40 USC 1313c Name of Law: Clean Water Act (CWA)
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AG17	Proposed rulemaking	87 FR 74361	12/05/2022

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
State WQS Triennial Review Reporting on Protection of Tribal Reserved Rights

---

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: EPA is proposing changes to the WQS regulation at 40 CFR Part 131. The rule would create new burden for respondents. This ICR provides estimates of burden and cost to states to implement new collection requirements in the proposed rule. These estimates represent the incremental burden and cost over and above the estimates presented in the ICR entitled Water Quality Standards Regulation (Renewal) (EPA ICR Number 0988.15, OMB Control Number 2040 0049).

---

Annual Cost to Federal Government: $989,112

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? No

---

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: 12/14/2022

---