[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Pages 65390-65391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25693]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2019-0566; FRL-10002-29-OW]


Proposed Information Collection Request; Comment Request; Water 
Quality Certification Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an 
information collection request (ICR), Water Quality Certification 
Regulations (EPA ICR No. 2603.03, OMB Control No. 2040-0295), to the 
Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act (PRA). Before doing so, EPA 
is soliciting public comments on specific aspects of the proposed 
information collection as described below. This is a proposed revision 
of an ICR (OMB Control No. 2040-0295), which is currently approved 
through February 29, 2020. 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 January 27, 2020.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2019-0566, 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.
    The 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 (CBI), or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Lauren Kasparek, Oceans, Wetlands, and 
Communities Division, Office of Wetlands, Oceans, and Watersheds, (MC 
4504T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460; telephone number: (202) 564-3351; email address: 
cwa401@epa.gov.

SUPPLEMENTARY INFORMATION: Supporting documents which 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 PRA, the 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., electronic submission of responses.

[[Page 65391]]

The 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, the 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: This ICR describes the cost and burden associated with 40 
CFR 121, the regulations that implement Clean Water Act (CWA) section 
401. Under section 401, a federal agency may not issue a permit or 
license that may result in any discharge into waters of the United 
States unless the certifying authority where the discharge would 
originate issues a section 401 water quality certification verifying 
that the discharge will comply with certain water quality requirements 
or waives the certification requirement. CWA section 401 requires 
project proponents to submit project specific information to certifying 
authorities. Certifying authorities may act on project specific 
information by either granting, granting with conditions, denying, or 
waiving section 401 certification. CWA section 401 requires certifying 
authorities to submit information to the relevant federal licensing or 
permitting agency to indicate the action taken on a request for 
certification. The EPA is also responsible for coordinating input from 
certain neighboring or downstream states and tribes affected by a 
discharge from a federally licensed or permitted project under section 
401(a)(2). Information collected directly collected by the EPA under 
section 401 in support of the section 402 permit program is already 
captured under an existing ICR (OMB Control Number 2040-0004, EPA ICR 
Number 0229.22) and therefore is not included in this analysis.
    Form Numbers: None.
    Respondents/affected entities: Applicants for certain federal 
licenses and permits; certifying authorities including states, 
territories, and authorized tribes.
    Respondent's obligation to respond: Project Proponents: required to 
obtain or retain a benefit (33 U.S.C. 1341).
    Certifying Authorities: Not mandatory.
    Estimated number of respondents: 41,119 (total).
    Frequency of response: Per Federal Application.
    Total estimated burden: 328,000 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $18,000,000 (per year), includes $0 
annualized capital or operation & maintenance costs.
    Changes in Estimates: There is a change in the total estimated 
respondent burden, number of respondents, and number of responses 
compared with the ICR currently approved by OMB (OMB Control No. 2040-
0295) due to refinements in how the estimates are calculated. See the 
Supporting Statement in the docket for more information on the changes 
in estimates.

    Dated: November 21, 2019.
John Goodin,
Director, Office of Wetlands, Oceans, and Watersheds, Office of Water, 
Environmental Protection Agency.
[FR Doc. 2019-25693 Filed 11-26-19; 8:45 am]
 BILLING CODE 6560-50-P


