[Federal Register Volume 87, Number 137 (Tuesday, July 19, 2022)]
[Notices]
[Pages 43028-43029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15370]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2019-0143; FRL-9957-01-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 . Before doing 
so, EPA is soliciting public comments on specific aspects of the 
proposed information collection as described below. This is a proposed 
3-year extension of the ICR, which is currently approved through March 
31, 2023. 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 September 19, 2022.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2019-0143, online using www.regulations.gov (our preferred method), by 
email to [email protected], 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: Edward Laird, Watershed Restoration, 
Assessment, and Protection Division (WRAPD), Office of Wetlands, 
Oceans, and Watersheds, Mail Code: 4503T, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone 
number: (202) 566-2848; fax number: (202) 566-1437; 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 (Docket ID EPA-HQ-OW-2019-0143). 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 
(44 U.S.C. 3501 et seq.), EPA is soliciting comments and information to 
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: $2,309,452 (per year). This action does not 
include annualized capital or operation & maintenance costs.
    Changes in Estimates: There is no change of hours in the total 
estimated

[[Page 43029]]

respondent burden compared with the ICR currently approved by OMB.

John Goodin,
Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. 2022-15370 Filed 7-18-22; 8:45 am]
BILLING CODE 6560-50-P


