Clean Water Act Section 404 State-Assumed Programs (Proposed Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
0220ss16.docx	Supporting Statement A	Uploaded 2023-08-16	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
46263	Annual Report		Modified
46262	Review of Permits-State		Modified
261606	Tribes Applying for TAS		New
248088	Review of Permits-Permittee		Modified
23640	Program Assumption Requests		Modified

ICR Details

OMB Control No: 2040-0168	ICR Reference No: 202308-2040-002
Status: Historical Inactive	Previous ICR Reference No: 202106-2040-002
Agency/Subagency: EPA/OW	Agency Tracking No: 0220.16
Title: Clean Water Act Section 404 State-Assumed Programs (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 06/21/2024
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/16/2023
Terms of Clearance: Please update final rule PRA language for clarity, including to more clearly identify PRA burden related to Permit Application and Enforcement and Compliance Information. In accordance with 5 CFR 1320, EPA is required to include the following information in its final rule submission for information collection request review and approval: (1) supporting statements to show compliance with PRA requirements and other associated laws; (2) a description of the regulatory text applicable to the ICR including submission specifications; (3) a clear description of the data elements being collected under the ICR; (4) copies of the data collection instrument(s) and/or screen shots of the electronic portal where the reporting requirements are submitted to EPA (with the control number and burden statement included); (5) a detailed discussion of how information is submitted and the extent to which electronic reporting is available; (6) evidence of consultation with respondents (by actively reaching out to stakeholders as permitted by the PRA) to ensure the supporting statement's accuracy on availability of data, frequency of collection, clarity of instructions, accuracy of burden estimate, relevance of data elements, and similar PRA matters; and (7) discussion of how EPA addressed substantive concerns raised by respondents and other stakeholders during consultation and in response to comments received on the proposed rule. In addition, supporting statement A should use the standard 18 question SS-A format. More information can be found at https://pra.digital.gov/clearance-process/supporting-statement/.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2025	36 Months From Approved	08/31/2026
Responses	18,051	0	18,051
Time Burden (Hours)	218,881	0	218,881
Cost Burden (Dollars)	0	0	0

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Abstract: The ICR associated with this rulemaking is functioning simultaneously as a renewal of the standing ICR for the section 404(g) program. The ICR accounts for changes to the existing three categories of information collection (IC) within the standing ICR in place for the section 404(g) program, as well as an additional IC. These categories include requests for information associated with program assumption requests, substantial program modifications, and withdrawal procedures; permit application information; annual reports and program information; and Tribes applying for TAS status for the purpose of commenting as downstream States. The ICR does not require the collection of any information of a confidential nature or status.

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Authorizing Statute(s): PL: Pub.L. 92 - 500 404 Name of Law: Clean Water Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AF83	Proposed rulemaking	88 FR 55276	08/14/2023

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

table that charts list of burden

IC Title	Form No.	Form Name
Annual Report
Program Assumption Requests
Review of Permits-Permittee
Review of Permits-State
Tribes Applying for TAS

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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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The ICR Renewal in 2021 included burden associated with EPA carrying out consultations under the Endangered Species Act, the National Historic Preservation Act and Magnuson-Stevens Act. As these consultations are tied to separate regulatory programs from the section 404(g) program, the burden of collection under these acts should not be included in this ICR. Removing consultation burdens lowered the annual burdens associated with the requests for program assumption by 161 hours. This decrease in burden is offset by the increase in burden associated with the rulemaking. Also, prior numbers were based on the 2020 questionnaire sent to Michigan and New Jersey and did not include information from the State of Florida, nor did they consider national trends in permitting. Furthermore, the number of permit applications reviewed by EPA and hours required to review each permit application were updated based on input from EPA regional staff. While the estimated number of permit applications reviewed by EPA has increased from prior estimates, the estimated number of hours to review these applications has decreased substantially, and the outcome is the total burden hours have decreased. Wages have been updated to reflect the most current values.

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Annual Cost to Federal Government: $474,201

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

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Common Form ICR:  No

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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: 08/16/2023

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