Proposed Information Collection Request; Comment Request; Clean Water Act Water Quality Certification, 20165-20166 [2023-07060]

Download as PDF Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices update to Section 4.2. A redlined version of the P–13A Rate Schedule, which shows the revision proposed by the P–13B Rate Schedule, will be made available upon request. Public Review and Comment In accordance with 10 CFR part 903, Southwestern’s proposed change to its P–13A Rate Schedule is considered a minor rate adjustment, as there is no change in annual revenues. 10 CFR part 903 provides that neither a public information forum nor a public comment forum is required in conjunction with the consultation and comment period for a minor rate adjustment. Therefore, Southwestern finds that holding a public information and comment forum in conjunction with the consultation and comment period is not necessary. In accordance with 10 CFR 903.14, Southwestern is initiating a 30-day consultation and comment period (see DATES section) during which Southwestern will accept written comments from interested persons. Following review and consideration of written comments, the Administrator will determine whether to confirm, approve, and place the proposed P–13B Rate Schedule into effect on an interim basis, and subsequently submit to the Federal Energy Regulatory Commission (FERC) for confirmation and approval on a final basis. The FERC will allow the public an opportunity to provide written comments on the proposed rate schedule change before making a final decision. lotter on DSK11XQN23PROD with NOTICES1 Legal Authority By Delegation Order No. S1–DEL– RATES–2016, effective November 19, 2016, the Secretary of Energy delegated: (1) the authority to develop power and transmission rates to Southwestern’s Administrator; (2) the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and (3) the authority to confirm, approve, and place into effect on a final basis, or to remand or disapprove such rates, to FERC. By Delegation Order No. S1–DEL–S3– 2022–2, effective June 13, 2022, the Secretary of Energy also delegated the authority to confirm, approve, and place such rates into effect on an interim basis to the Under Secretary for Infrastructure. By Redelegation Order No. S3–DEL–SWPA1–2022, effective June 13, 2022, the Under Secretary for Infrastructure redelegated the authority to confirm, approve, and place such rates into effect on an interim basis to the Administrator, Southwestern. VerDate Sep<11>2014 17:44 Apr 04, 2023 Jkt 259001 Environmental Impact Southwestern previously determined that the rate change actions, placed into effect on October 1, 2013, fit within the following class of categorically excluded actions as listed in Appendix B to Subpart D of 10 CFR part 1021, DOE’s Implementing Procedures and Guidelines of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321–4347): B4.3 (Electric power marketing rate changes). Categorically excluded actions do not require preparation of either an environmental impact statement or an environmental assessment. On March 14, 2023, Southwestern determined that categorical exclusion B4.3 applies to the current action as well. Determination Under Executive Order 12866 Southwestern has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. Signing Authority This document of the Department of Energy was signed on March 27, 2023, by Mike Wech, Administrator for Southwestern Power Administration, pursuant to delegated authority from the Secretary of Energy. That document, with the original signature and date, is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DOE. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on March 31, 2023. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2023–07059 Filed 4–4–23; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OW–2023–0095; FRL–10844–01– OW] Proposed Information Collection Request; Comment Request; Clean Water Act Water Quality Certification Environmental Protection Agency (EPA). AGENCY: PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 ACTION: 20165 Notice. The Environmental Protection Agency (EPA) is planning to submit an information collection request (ICR), ‘‘ICR Supporting Statement Information Collection Request for Clean Water Act Water Quality Certification’’ (EPA ICR No. 2603.07, 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 extension of an ICR (OMB Control No. 2040–0295), which is currently approved through July 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 June 5, 2023. ADDRESSES: Submit your comments, referencing Docket ID No. EPA–HQ– OW–2023–0095, 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 (CBI), or other information whose disclosure is restricted by statute. FOR FURTHER INFORMATION CONTACT: Liana Prudencio, 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 https://www.epa.gov/dockets. Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting comments SUMMARY: E:\FR\FM\05APN1.SGM 05APN1 lotter on DSK11XQN23PROD with NOTICES1 20166 Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices 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. EPA will consider the comments received and amend the ICR as appropriate. EPA will then submit the final ICR package 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: This ICR describes the cost and burden associated with 40 CFR part 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. Certifying authorities are states, tribes with treatment as a state (TAS) authorization, and in limited circumstances, EPA. 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. To demonstrate it has acted on the certification request, the certifying authority must provide a decision document to the relevant federal licensing or permitting agency. If the certifying authority fails or refuses to act on a certification request within a reasonable period of time (which shall not exceed one year) after receipt, the requirement to obtain certification is waived. EPA is also responsible for coordinating input from certain neighboring or downstream states and tribes affected by a discharge from a VerDate Sep<11>2014 17:44 Apr 04, 2023 Jkt 259001 federally licensed or permitted project under section 401(a)(2). Information collected directly collected by 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: Project proponents, State and tribal reviewers (certifying authorities). Respondent’s obligation to respond: required to obtain 401 certification (33 U.S.C. 1341(a)(1)). Estimated number of respondents: 154,000 responses from 77,138 respondents annually. Frequency of response: one per Federal application. Total estimated burden: 860,500 hours (per year). Burden is defined at 5 CFR 1320.03(b). Total estimated cost: $48 Million (per year), includes $0 annualized capital or operation and maintenance costs. Changes in Estimates: There are changes 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). Brian Frazer, Acting Director, Office of Wetlands, Oceans, and Watersheds, Office of Water. [FR Doc. 2023–07060 Filed 4–4–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OGC–2023–0198; FRL–10838–01– OGC] Proposed Consent Decree, Clean Air Act Citizen Suit Environmental Protection Agency (EPA). ACTION: Notice of proposed consent decree; request for public comment. AGENCY: In accordance with the Clean Air Act, as amended (CAA or the Act), notice is given of a proposed consent decree in Center for Biological Diversity et al., v. Regan, No. 3:22–cv–03309–RS (N.D. Cal.). On June 7, 2022, Plaintiffs Center for Biological Diversity and Center for Environmental Health filed a complaint in the United States District Court for the Northern District of California. On September 12, 2022, Plaintiffs filed an amended complaint. Plaintiffs alleged that the Environmental Protection Agency (EPA or the Agency) SUMMARY: PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 failed to perform certain nondiscretionary duties in accordance with the Act to timely respond to numerous state implementation plan (SIP) submissions from the State of North Dakota, the State of California, the State of Colorado, and the State of Pennsylvania. Plaintiffs also alleged that EPA failed to promulgate a federal implementation plan (FIP) for the State of California and the State of New Hampshire. Certain claims included in the Amended Complaint have since been rendered moot, and the proposed consent decree would establish deadlines for EPA to sign a notice of final rulemaking on the remaining claims. DATES: Written comments on the proposed consent decree must be received by May 5, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OGC–2023–0198, online at https:// www.regulations.gov (EPA’s preferred method). Follow the online instructions for submitting comments. Instructions: All submissions received must include the Docket ID number for this action. Comments received may be posted without change to https:// www.regulations.gov/, including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the ‘‘Additional Information about Commenting on the Proposed Consent Decree’’ heading under the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Elizabeth Pettit, Air and Radiation Law Office, Office of General Counsel, U.S. Environmental Protection Agency; telephone (202) 566–2879; email address pettit.elizabetha@epa.gov. SUPPLEMENTARY INFORMATION: I. Obtaining a Copy of the Proposed Consent Decree The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2023–0198) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OEI Docket is (202) 566–1752. E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Notices]
[Pages 20165-20166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07060]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2023-0095; FRL-10844-01-OW]


Proposed Information Collection Request; Comment Request; Clean 
Water Act Water Quality Certification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is planning to 
submit an information collection request (ICR), ``ICR Supporting 
Statement Information Collection Request for Clean Water Act Water 
Quality Certification'' (EPA ICR No. 2603.07, 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 
extension of an ICR (OMB Control No. 2040-0295), which is currently 
approved through July 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 June 5, 2023.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2023-0095, 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 (CBI), or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Liana Prudencio, 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: 
[email protected].

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 https://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting 
comments

[[Page 20166]]

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. EPA will consider the comments 
received and amend the ICR as appropriate. EPA will then submit the 
final ICR package 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: This ICR describes the cost and burden associated with 40 
CFR part 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. Certifying authorities are 
states, tribes with treatment as a state (TAS) authorization, and in 
limited circumstances, EPA. 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. To demonstrate it has acted on the certification 
request, the certifying authority must provide a decision document to 
the relevant federal licensing or permitting agency. If the certifying 
authority fails or refuses to act on a certification request within a 
reasonable period of time (which shall not exceed one year) after 
receipt, the requirement to obtain certification is waived. 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 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: Project proponents, State and tribal 
reviewers (certifying authorities).
    Respondent's obligation to respond: required to obtain 401 
certification (33 U.S.C. 1341(a)(1)).
    Estimated number of respondents: 154,000 responses from 77,138 
respondents annually.
    Frequency of response: one per Federal application.
    Total estimated burden: 860,500 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $48 Million (per year), includes $0 
annualized capital or operation and maintenance costs.
    Changes in Estimates: There are changes 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).

Brian Frazer,
Acting Director, Office of Wetlands, Oceans, and Watersheds, Office of 
Water.
[FR Doc. 2023-07060 Filed 4-4-23; 8:45 am]
BILLING CODE 6560-50-P
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