Water Quality Certification Regulations (Proposed Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2603ss09.pdf	Supporting Statement A	Uploaded 2026-08-10	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
262519	Tribes Obtaining TAS		Removed
237204	Certifying Authorities		Modified
237203	Applicants		Modified

ICR Details

OMB Control No: 2040-0295	ICR Reference No: 202606-2040-002
Status: Historical Inactive	Previous ICR Reference No: 202309-2040-001
Agency/Subagency: EPA/OW	Agency Tracking No: 2603.09
Title: Water Quality Certification Regulations (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: 08/10/2026
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/10/2026
Terms of Clearance: 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 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.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2027	02/28/2027	02/28/2027
Responses	154,006	0	154,006
Time Burden (Hours)	861,274	0	861,274
Cost Burden (Dollars)	0	0	0

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Abstract: This Information Collection Request (ICR) describes the burden (hours) and cost (dollars) associated with Clean Water Act (CWA) section 401, including the changes as a result of the proposed revisions to the regulations at 40 CFR part 121. This supporting statement relies on data provided in previously approved information collection requests (OMB Control No. 2040-0295, EPA ICR No. 2603.08) to establish burden and cost related to the current implementing regulations at 40 CFR part 121 (henceforth referred to as the 2023 Rule). Proposed revisions to the implementing regulations for CWA section 401, as described in the EPA’s Federal Register notice , serve as the basis for estimating the change in regulatory burden in this ICR supporting statement. Section 401 provisions being proposed for revision that would affect information collection requirements include: contents of a request for certification, contents of a certification decision, certification modifications procedures, and “treatment in a similar manner as a State,” or TAS, provisions for sections 401 and 401(a)(2). The agency relies on the best available data to estimate changes in burden associated with the proposed revisions. For activities with no data available, the agency provided its best estimate.

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Authorizing Statute(s): US Code: 33 USC 1341 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-AG47	Proposed rulemaking	91 FR 2008	01/15/2026

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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: 2

table that charts list of burden

IC Title	Form No.	Form Name
Applicants
Certifying Authorities
Tribes Obtaining TAS

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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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: Based on the midpoint values, the total annual burden and costs for respondents (certifying authorities and applicants) is anticipated to be 786,965 hours and $49.7 million, respectively. Overall, this is a 12% decrease from the previous annual burden and cost estimates. The burden reduction is primarily associated with the revised scope of certification from activity to discharge from a point source into waters of the United States. This proposed revision would reduce the scope of information that applicants provide in a request for certification and that certifying authorities review in making a certification decision. Additionally, the EPA’s proposed rule would remove the regulatory text which allowed certifying authorities the option to develop additional requirements for a request for certification. While removing this option from the regulatory text would not result in a change in burden for certifying authorities, it would reduce the applicants’ burden because it eliminates the possibility of certifying authorities introducing additional requirements. Collectively, these changes reduce the burden and costs to certifying authorities and applicants by 13.9% and 12.5%, respectively. While this proposed change may increase the burden on certifying authorities and applicants to review and agree on the modification language, the EPA anticipates a small fraction of granted certifications are modified, and certifying authority, Federal agency, and applicant would be able to identify ways to modify certifications in the most cost-effective manner possible. The proposed rule removes the standalone TAS provisions for sections 401 and 401(a)(2). This proposed change reduces the associated annual hourly burden and annual burden costs to 0 hours and $0. Finally, minor differences in burden and costs estimates between collections are the result of minor corrections to underlying calculations and updated hourly wage rates.

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Annual Cost to Federal Government: $164,616

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: 08/10/2026

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