
[Federal Register: December 29, 2008 (Volume 73, Number 249)]
[Notices]               
[Page 79467-79470]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de08-58]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0033, FRL-8758-2]

 
Agency Information Collection Activities: Proposed Collection; 
Comment Request; Modification of Secondary Treatment Requirements for 
Discharges Into Marine Waters, EPA ICR Number 0138.09, OMB Control 
Number 2040-0088

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44

[[Page 79468]]

U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on May 31, 2009. Before submitting the ICR to OMB 
for review and approval, EPA is soliciting comments on specific aspects 
of the proposed information collection as described below.

DATES: Comments must be submitted on or before February 27, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OW-2003-0033, to EPA by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: OW-Docket@epa.gov.
     Fax: (202) 566-9744
     Mail: Water Docket, Environmental Protection Agency, Mail 
Code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, 1301 Constitution Ave., 
NW., EPA West, Room 3334, Washington, DC 20004. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
     Instructions: Direct your comments to Docket ID No. EPA-
HQ-OW-2003-0033. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Virginia Fox-Norse, Office of 
Wetlands, Oceans and Watersheds: Oceans and Coastal Protection Division 
(Mail Code 4504T), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
566-1266; fax number: (202) 566-1337; e-mail address: fox-
norse.virginia@epa.gov.

SUPPLEMENTARY INFORMATION:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
number EPA-HQ-OW-2003-0033, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Water Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC 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 Reading Room is (202) 566-1744, 
and the telephone number for the Water Docket is (202) 566-2426. Use 
http://www.regulations.gov to obtain a copy of the draft collection of 
information, submit or view public comments, access the index listing 
of the contents of the public docket, and to access those documents in 
the public docket that are available electronically. Once in the 
system, select ``search,'' then key in the docket ID number identified 
in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible, and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Docket ID No. EPA-HQ-OW-2003-0033.
    Affected entities: Entities potentially affected by this action are 
those municipalities that currently have section 301(h) waivers from 
secondary treatment, have applied for a renewal of a section 301(h) 
waiver, or those with a pending section 301(h) waiver application, and 
the states within which these municipalities are located.
    Title: Modification of Secondary Treatment Requirements for 
Discharges Into Marine Waters.
    ICR numbers: EPA ICR No. 0138.09, OMB Control No. 2040-0088.
    ICR status: This ICR is currently scheduled to expire on May 31, 
2009. An Agency may not conduct or sponsor,

[[Page 79469]]

and a person is not required to respond to, a collection of 
information, unless it displays a currently valid OMB control number. 
The OMB control numbers for EPA's regulations in title 40 of the CFR, 
after appearing in the Federal Register when approved, are listed in 40 
CFR part 9, are displayed either by publication in the Federal Register 
or by other appropriate means, such as on the related collection 
instrument or form, if applicable. The display of OMB control numbers 
in certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: Regulations implementing section 301(h) of the Clean 
Water Act (CWA) are found at 40 CFR part 125, subpart G. The section 
301(h) program involves collecting information from two sources: (1) 
The municipal wastewater treatment facility, commonly called a 
publicly-owned treatment works (POTW), and (2) the state in which the 
POTW is located. Municipalities had the opportunity to apply for a 
waiver from secondary treatment requirements, but that opportunity 
closed in December, 1982. A POTW that seeks a section 301(h) waiver 
does so voluntarily to obtain or retain a benefit. A section 301(h) 
waiver modifies secondary treatment requirements of CWA section 
301(b)(1)(B). Secondary treatment requirements establish technology-
based effluent limitations for biochemical oxygen demand (BOD), 
suspended solids (SS), and pH (a measure of acidity or alkalinity) (40 
CFR part 133). A POTW seeking to obtain a section 301(h) waiver, 
holding a current waiver, or reapplying for a waiver, provides 
application, monitoring, and toxic control program information. The 
state provides information on its determination whether the discharge 
under the proposed conditions of the waiver ensures the protection of 
water quality, biological habitats, and beneficial uses of receiving 
waters. The state also provides information on whether the discharge 
will result in additional treatment, pollution control, or any other 
requirement for any other point or nonpoint sources. The state also 
provides information to certify that the discharge will meet all 
applicable state laws, and that the state accepts all permit 
conditions.
    There are four situations where information will be required under 
the section 301(h) program:
    (1) A POTW continuing the application process for a section 301(h) 
waiver, or reapplying for a waiver: As the permits with section 301(h) 
waivers reach their expiration dates, EPA must have updated information 
on the discharge to determine whether the section 301(h) criteria are 
still being met, and whether the section 301(h) waiver should be 
reissued. Under 40 CFR 125.59(f), each section 301(h) permittee is 
required to submit an application for a new section 301(h) modified 
permit within 180 days of the existing permit's expiration date. 40 CFR 
125.59(c) lists the information required for a modified permit. The 
information that EPA needs to determine whether the POTW's 
reapplication meets the section 301(h) criteria is outlined in the 
questionnaire attached to 40 CFR part 125, subpart G.
    (2) Monitoring and toxic control program information: Once a waiver 
has been granted, EPA must continue to assess whether the discharge is 
meeting section 301(h) criteria, and that the receiving water quality, 
biological habitats, and beneficial uses of the receiving waters are 
protected. To do this, EPA needs monitoring information furnished by 
the permittee. According to 40 CFR 125.68(d), any permit issued with a 
section 301(h) waiver must contain the monitoring requirements of 40 
CFR 125.63(b), (c), and (d) for biomonitoring, water quality criteria 
and standards monitoring, and effluent monitoring, respectively. 
Section 125.68(d) also requires reporting at the frequency specified in 
the monitoring program. In addition to monitoring information, EPA 
needs information on the toxics control program required by section 
125.66 to ensure that the permittee is effectively minimizing 
industrial and nonindustrial toxic pollutant and pesticide discharges 
into the treatment works.
    (3) Application revision information: Section 125.59(d) of 40 CFR 
allows a POTW to revise its application one time only, following a 
tentative decision by EPA to deny the waiver request. In its 
application revision, the POTW usually corrects deficiencies and 
changes proposed treatment levels, as well as outfall and diffuser 
locations. The application revision is a voluntary submission for the 
applicant, and a letter of intent to revise the application must be 
submitted within 45 days of EPA's tentative decision (40 CFR 
125.59(f)). EPA needs this information to evaluate revised applications 
to determine whether the modified discharge will ensure protection of 
water quality, biological habitats, and beneficial uses of receiving 
waters.
    (4) State determination and state certification information: For 
revised or renewal applications for section 301(h) waivers, EPA needs a 
state determination. The state determines whether all state laws 
(including water quality standards) are satisfied. This helps ensure 
that water quality, biological habitats, and beneficial uses of 
receiving waters are protected. Additionally, the state must determine 
if the applicant's discharge will result in additional treatment, 
pollution control, or any other requirement for any other point or 
nonpoint sources. This process allows the state's views to be taken 
into account when EPA reviews the section 301(h) application and 
develops permit conditions. For revised and renewed section 301(h) 
waiver applications, EPA also needs the CWA section 401(a)(1) 
certification information to ensure that all state water quality laws 
are met by any permit it issues with a section 301(h) modification, and 
that the state accepts all the permit conditions. This information is 
the means by which the state can exercise its authority to concur with 
or deny a section 301(h) decision made by the EPA Regional Office.
    The information covered by this information collection request 
involves treatment plant operating data, effects of POTWs' discharges 
on marine environments, and states' viewpoints on issues concerning 
effects of discharges from POTWs on marine environments. None of this 
information is confidential; thus confidentiality is not an issue.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 652 
hours per response for POTWs and 86 hours per response for states. 
Burden means the total time, effort, or financial resources expended by 
persons to generate, maintain, retain, or disclose or provide 
information to or for a Federal agency. This includes the time needed 
to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements 
which have subsequently changed; train personnel to be able to respond 
to a collection of information; search data sources; complete and 
review the collection of information; and transmit or otherwise 
disclose the information.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 50.
    Frequency of response: The frequency of response varies from once 
every five years, to case-by-case, depending on the category of 
information.

[[Page 79470]]

    Estimated total average number of responses for each respondent: 
This varies from once every five years, to case-by-case, depending on 
the category of information.
    Estimated total annual burden hours: 61,377 hours.
    Estimated total annual costs: $1.3 million. This includes an 
estimated burden cost of $1.3 million and an estimated cost of $0 for 
capital investment or maintenance and operational costs. The average 
annual reporting burden varies depending on the size of the respondent 
and the category of the information collection.

Are There Changes in the Estimates From the Last Approval?

    There will be a decrease in hours in the total estimated respondent 
burden compared with that identified in the ICR currently approved by 
OMB. This decrease reflects EPA's estimate of a decrease in the number 
of respondents, with a corresponding decrease in the total estimated 
respondent burden. The new revised estimates will be presented when the 
final ICR package is submitted to OMB review and approval. This change 
is an adjustment.

What is the Next Step in the Process for This ICR?

    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 pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: December 19, 2008.
Craig E. Hooks,
Director, Office of Wetlands, Oceans and Watersheds.
 [FR Doc. E8-30817 Filed 12-24-08; 8:45 am]

BILLING CODE 6560-50-P
