Notice2025-03311

Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Clean Water Act Section 404 State-Assumed Programs (Renewal)

Primary source

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Published
February 28, 2025

Issuing agencies

Environmental Protection Agency

Abstract

The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Clean Water Act Section 404 State-Assumed Programs (OMB Control Number 2040-0168; EPA ICR Number 0220.18) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through February 28, 2025. Public comments were previously requested via the Federal Register on August 14, 2023, during a 60-day comment period. This notice allows for an additional 30 days for public comments.

Full Text

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<title>Federal Register, Volume 90 Issue 39 (Friday, February 28, 2025)</title>
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[Federal Register Volume 90, Number 39 (Friday, February 28, 2025)]
[Notices]
[Pages 10897-10898]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03311]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2020-0276; FRL-12660-01-OMS]


Agency Information Collection Activities; Submission to the 
Office of Management and Budget for Review and Approval; Comment 
Request; Clean Water Act Section 404 State-Assumed Programs (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an 
information collection request (ICR), Clean Water Act Section 404 
State-Assumed Programs (OMB Control Number 2040-0168; EPA ICR Number 
0220.18) to the Office of Management and Budget (OMB) for review and 
approval in accordance with the Paperwork Reduction Act. This is a 
proposed extension of the ICR, which is currently approved through 
February 28, 2025. Public comments were previously requested via the 
Federal Register on August 14, 2023, during a 60-day comment period. 
This notice allows for an additional 30 days for public comments.

DATES: Comments may be submitted on or before March 31, 2025.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OW-2020-0276, to EPA online using <a href="http://www.regulations.gov">www.regulations.gov</a> (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 (CBI) or other 
information whose disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed 
information collection within 30 days of publication of this notice to 
<a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Christine Maietta, Oceans, Wetlands, 
and Communities Division, Office of Wetlands, Oceans, and Watersheds, 
(Mail Code 4504T), Environmental Protection Agency, 1200 Pennsylvania 
Ave. NW, Washington, DC 20460; telephone number: (202) 564-3351; email 
address: <a href="/cdn-cgi/l/email-protection#12262226753f60677e777f73797b7c75527762733c757d64"><span class="__cf_email__" data-cfemail="c6f2f6f2a1ebb4b3aaa3aba7adafa8a186a3b6a7e8a1a9b0">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR, 
which is currently approved through February 28, 2025. 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.
    Public comments were previously requested via the Federal Register 
on August 14, 2023 during a 60-day comment period (88 FR 55276). This 
notice allows for an additional 30 days for public comments. 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 <a href="http://www.regulations.gov">www.regulations.gov</a> or in person at the EPA 
Docket Center, WJC West, Mail Code 28221T, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460. The telephone number for the Docket Center is 
202-566-1744. For additional information about EPA's public docket, 
visit <a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.
    Abstract: This information collection request describes the burden 
(hours) and labor cost (dollars) associated with 40 CFR 233, the 
regulations that implement Clean Water Act Section 404(g). The Clean 
Water Act authorizes states [tribes] to assume the section 404 permit 
program for discharges of dredged or fill material into certain waters 
of the U.S. Implementing regulations establish specific information 
that must be submitted to EPA when a state/tribe requests program 
assumption and while administering the program. There are three types 
of information collected for different needs. The three parts are: (1) 
Information needed for EPA to review and approve state or tribal 
requests to assume the program; (2) information needed from permit 
applicants for reviewing and processing the permit application; and (3) 
information the state or tribe must submit to EPA in their annual 
report summarizing program administration.
    Form Numbers: None.
    Respondents/affected entities: Tribes, states, and the regulated 
community (i.e., permittees)
    Respondent's obligation to respond: Required to obtain or retain 
benefits. (40 CFR 233)
    Estimated number of respondents: During the three-year collection 
period, the agency estimated a total of three (3) states will be 
approved to administer the Section 404 program (noting that two states 
have already received approval to administer a Section 404 program, and 
the agency assumed one (1) state and zero (0) Tribes will submit a new 
request during this collection period); and a total of 15,237 
permittees are expected to seek a Section 404 permit across the three 
states approved to administer the Section 404 programs.
    Frequency of response: Frequency of information collected from 
Tribes, states, and permittees depends on the

[[Page 10898]]

associated activity. Collection frequencies vary from regular to 
irregular or rare.
    Total estimated burden: 130,600 (per year). Burden is defined at 5 
CFR 1320.03(b).
    Total estimated cost: $6,576,054 (per year), includes $0 annualized 
capital or operation & maintenance costs.
    Changes in the estimates: There is a decrease of 88,281 hours in 
the total estimated respondent burden compared with the ICR currently 
approved by OMB. The primary factor contributing to the overall 
decrease in burden and labor costs between this renewal and the 
previous ICR was the reduction in the number of Tribes and states 
seeking assumption and administering a Section 404 program. Other 
factors that influenced the overall burden and costs estimates included 
revising scaling factors for individual activities (e.g., completing 
and reviewing permit applications, and program modification) and 
updating labor costs to 2024 hourly wages. Additionally, the agency 
recognized the seven state feasibility studies provided useful 
information to inform burden and costs associated with Section 404 
program assumption. For this reason, this collection request 
incorporates data from those studies and presents a summary of that 
information in a new ``pre-submission activities'' category.

Courtney Kerwin,
Director, Information Engagement Division.
[FR Doc. 2025-03311 Filed 2-27-25; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on February 28, 2025.

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