[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Notices]
[Pages 6018-6019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02792]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0033; FRL-9974-08-OEI]


Information Collection Request Submitted to OMB for Review and 
Approval; Comment Request; Modification of Secondary Treatment 
Requirements for Discharges Into Marine Waters

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an 
information collection request (ICR), ``Modification of Secondary 
Treatment Requirements for Discharges into Marine Waters'' (EPA ICR No. 
0138.11, OMB Control No. 2040-0088) to the Office of Management and 
Budget (OMB) for review and approval in accordance with the Paperwork 
Reduction Act. Public comments were previously requested via the 
Federal Register on June 29, 2017, during a 60-day comment period. This 
notice allows for an additional 30 days for public comments. A fuller 
description of the ICR is given below, including its estimated burden 
and cost to the public. 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: Additional comments may be submitted on or before March 14, 
2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OW-2003-0033, to (1) EPA online using www.regulations.gov (our 
preferred method), by email to [email protected], or by mail to: EPA 
Docket Center, Environmental

[[Page 6019]]

Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460, and (2) OMB via email to 
[email protected]. Address comments to OMB Desk Officer for 
EPA.
    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: Virginia Fox-Norse, Oceans, Wetlands 
and Communities Division, Office of Water, (4504T), Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone number: 202 566-1266; fax number: 202 566-1337; 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, EPA 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: 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. A POTW 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 and 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 4 situations where information will be required under the 
section 301(h) program: (1) A POTW reapplying for a section 301(h) 
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. (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. 
(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)). (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. 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 
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.
    Form Numbers: None.
    Respondents/affected entities: Municipalities that currently have 
section 301(h) waivers from secondary treatment, or have applied for a 
renewal of a section 301(h) waiver, and the states within which these 
municipalities are located.
    Respondent's obligation to respond: Required to obtain or retain a 
benefit.
    Estimated number of respondents: 34 (total).
    Frequency of response: From once every five years, to varies case-
by-case, depending on the category of information.
    Total estimated burden: 40,040 hours (per year). Burden is defined 
at 5 CFR 1320.3(b).
    Total estimated cost: $1.1 million (per year), includes $0 
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is a decrease of hours in the total 
estimated respondent burden compared with the ICR currently approved by 
OMB. This decrease is due to changes in respondent universe, program 
status, information needs, and use of technology.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-02792 Filed 2-9-18; 8:45 am]
 BILLING CODE 6560-50-P


