[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15216-15217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07440]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2019-0143; FRL-9992-28-OW]


Proposed Information Collection Request; Comment Request; 
Treatment of Indian Tribes in a Similar Manner as States for Purposes 
of Section 303(d) of the Clean Water Act (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``Treatment of Indian 
Tribes in a Similar Manner as States for Purposes of Section 303(d) of 
the Clean Water Act (Renewal)'' (EPA ICR No. 2553.03 OMB Control No. 
2040-0290), to the Office of Management and Budget (OMB) for review and 
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.). Before doing so, EPA is soliciting public comments on 
specific aspects of the proposed information collection as described 
below. This is a proposed extension of the ICR, which is currently 
approved through December 31, 2019. An Agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number.

DATES: Comments must be submitted on or before June 14, 2019.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2019-0143; FRL-9992-28-OW, online using www.regulations.gov (our 
preferred method) or by mail to: EPA Docket Center, Environmental 
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information, or other information 
whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Carol Peterson, Watershed Assessment, 
Restoration, and Protection Division, Office of Wetlands, Oceans, and 
Watersheds (4503T), Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460; telephone number: (202) 566-1304; fax 
number: (202) 566-1331; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents that explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket visit http://www.epa.gov/dockets.
    Pursuant to Section 3506(c)(2)(A) of the Paperwork Reduction Act, 
EPA is soliciting comments and information to

[[Page 15217]]

enable it to: (i) Evaluate whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Agency, including whether the information will have practical 
utility; (ii) evaluate the accuracy of the Agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used; (iii) enhance the 
quality, utility, and clarity of the information to be collected; and 
(iv) minimize the burden of the collection of information on those who 
are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. EPA will consider the comments received and 
amend the ICR as appropriate. The final ICR package will then be 
submitted to OMB for review and approval. At that time, EPA will issue 
another Federal Register notice to announce the submission of the ICR 
to OMB and the opportunity to submit additional comments to OMB.
    Abstract: In 2016, EPA issued regulations establishing a process 
for federally recognized tribes to obtain treatment in a similar manner 
as states (TAS) for purposes of administrating the water quality 
restoration provisions of Clean Water Act (CWA) Section 303(d), 
including establishing lists of impaired waters on their reservations 
and developing total maximum daily loads (TMDLs). The CWA does not 
require tribes to administer the CWA Section 303(d) program. However, 
tribes seeking to be authorized must apply for and be found eligible 
for TAS through the procedures described in the regulations.
    Section 303(d) of the CWA requires states, territories, and 
authorized tribes to identify and establish a priority ranking for 
waters that do not meet EPA-approved or promulgated water quality 
standards (WQS) following the implementation of technology-based 
controls. For waters so identified, Section 303(d) requires states, 
territories, and authorized tribes to establish TMDLs in accordance 
with their priority ranking for those pollutants the Administrator 
identified as suitable for TMDL calculation. A TMDL is the calculation 
and allocation to point and nonpoint sources of the maximum amount of a 
pollutant that a water body can receive and still meet applicable WQS, 
with a margin of safety.
    Form Numbers: None.
    Respondents/affected entities: Any federally recognized tribe with 
a reservation.
    Respondent's obligation to respond: Voluntary.
    Estimated number of respondents: Five.
    Frequency of response: Once for initial TAS status, thereafter 
biennially for lists of impaired waters, and from time to time for 
TMDLs.
    Total estimated burden: 34,757 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $2,003,045 (per year). This action does not 
include annualized capital or operation & maintenance costs.
    Changes in Estimates: There is a decrease of 55,147 hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. Similarly, there is a decrease of $2,182,387 in the 
total estimated cost compared with the ICR currently approved by OMB. 
Estimates decreased 61% and 52% respectively. These decreases are due 
to: (1) The estimated annual number of respondents decreasing from 
twelve to five; (2) new and better data that parses out labor and costs 
per activity; and (3) TAS application burden and cost estimates from 
post-final rule, Revised Interpretation of Clean Water Act Tribal 
Provision (Final Interpretive Rule) (the 2016 ICR for the CWA Section 
303(d) Program (ICR No. 2553.02) used pre-final rule estimates).

    Dated: April 8, 2019.
John Goodin,
Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. 2019-07440 Filed 4-12-19; 8:45 am]
 BILLING CODE 6560-50-P


