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.

Abstract: This ICR describes the cost and burden associated with 40 CFR 121, the regulations that implement Clean Water Act (CWA) section 401. Under ( printed page 11986) 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. If the certifying authority fails or refuses to act on a request for certification, within a reasonable period of time (which shall not exceed one year) after receipt of such request, the certification requirements of this subsection shall be waived with respect to such Federal application. The EPA is also responsible for providing notification to 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 0229.23) and therefore is not included in this analysis.

Form Numbers: None.

Respondents/affected entities: Applicants (Project Proponents) 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: 97,119 (total).

Frequency of response: Per Federal Application.

Total estimated burden: 1,067,000 hours (per year). Burden is defined at 5 CFR 1320.03(b).

Total estimated cost: $64 million (per year), includes $8 million annualized capital or operation & maintenance costs.

Changes in the Estimates: There is an increase of 739,000 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. There is an increase in the total estimated respondent burden, number of respondents, and number of responses compared with the ICR currently approved by OMB due to refinements in how the estimates are calculated. See the Supporting Statement in the docket for more information on the changes in estimates.

85 FR 11985