Establishing
No­
discharge
Zones
(
NDZs)
Under
the
Clean
Water
Act
§
312
Prepared
by
Environmental
Protection
Agency
Oceans
and
Coastal
Protection
Division
Washington,
D.
C.

Prepared
by
Oceans
and
Coastal
Protection
Division
of
the
Office
of
Wetlands,
Oceans,
and
Watersheds
i
TABLE
OF
CONTENTS
Part
A
Introduction
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1
Organization
of
Information
Collection
Request
Statement
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1
Approach
Taken
in
this
Information
Collection
Request
Statement
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2
CHAPTER
I
Chapter
I
Supporting
Statement
for
the
Establishment
of
No­
discharge
Zones
for
Discharges
Incidental
to
the
Normal
Operation
of
Armed
Forces
Vessels
Under
CWA
Section
312(
n)
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3
SECTION
1:
Identification
of
the
Information
Collection
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3
1(
a):
Title
of
the
Information
Collection
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3
1(
b):
Short
Characterization/
Abstract
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3
SECTION
2:
Need
for
and
Use
of
the
Collection
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3
2(
a):
Need/
Authority
for
the
Collection
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3
2(
b):
Practical
Utility/
Users
of
the
Data
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4
SECTION
3:
Non­
duplication,
Public
Notice,
Consultations,
and
Other
Collection
Criteria
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5
3(
a):
Non­
duplication
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5
3(
b):
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
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5
3(
c):
Consultations
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5
3(
d):
Effects
of
Less
Frequent
Collection
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5
3(
e):
General
Guidelines
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5
3(
f):
Confidentiality
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6
3(
g):
Sensitive
Questions
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6
SECTION
4:
The
Respondents
and
the
Information
Requested
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6
4(
a):
Respondents/
SIC
Codes
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6
4(
b):
Information
Requested
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6
SECTION
5:
The
Information
Collected
 
Agency
Activities,
Collection
Methodology,
and
Information
Management
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8
5(
a):
Agency
Activities
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8
5(
b):
Collection
Methodology
and
Management
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9
5(
c):
Small
Entity
Flexibility
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9
5(
d):
Collection
Schedule
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9
SECTION
6:
Estimating
the
Burden
and
Costs
of
the
Collection
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10
6(
a):
Estimating
Respondent
Burden
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10
6(
b):
Estimating
Respondent
Costs
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10
6(
c):
Estimating
Agency
(
EPA)
Burden
and
Cost
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11
6(
d):
Bottom
Line
Burden
Hours
and
Cost
Tables
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12
6(
e):
Burden
Statement
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13
TABLE
OF
CONTENTS
(
Cont'd.)

ii
CHAPTER
II
Chapter
II
Supporting
Statement
for
the
Establishment
of
No­
discharge
Zones
for
Vessel
Sewage
Under
CWA
Section
312(
f)(
3)
and
312(
f)(
4)(
A)
and
(
B)
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22
SECTION
1:
Identification
of
the
Information
Collection
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22
1(
a):
Title
of
the
Information
Collection
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22
1(
b):
Short
Characterization/
Abstract
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22
SECTION
2:
Need
for
and
Use
of
the
Collection
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22
2(
a):
Need/
Authority
for
the
Collection
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22
2(
b):
Practical
Utility/
Users
of
the
Data
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24
SECTION
3:
Non­
duplication,
Public
Notice,
Consultations,
and
Other
Collection
Criteria
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25
3(
a):
Non­
duplication
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25
3(
b):
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
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25
3(
c):
Consultations
(
Not
applicable)
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26
3(
d):
Effects
of
Less
Frequent
Collection
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26
3(
e):
General
Guidelines
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26
3(
f):
Confidentiality
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26
3(
g):
Sensitive
Questions
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26
SECTION
4:
The
Respondents
and
the
Information
Requested
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26
4(
a):
Respondents/
SIC
Codes
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26
4(
b):
Information
Requested
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27
SECTION
5:
The
Information
Collected
 
Agency
Activities,
Collection
Methodology,
and
Information
Management
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29
5(
a):
Agency
Activities
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29
5(
b):
Collection
Methodology
and
Management
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30
5(
c):
Small
Entity
Flexibility
.
.
.
.
.
.
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.
30
5(
d):
Collection
Schedule
.
.
.
.
.
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.
.
30
SECTION
6:
Estimating
the
Burden
and
Costs
of
the
Collection
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
.
31
6(
a):
Estimating
Respondent
Burden
.
.
.
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.
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.
31
6(
b):
Estimating
Respondent
Costs
.
.
.
.
.
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.
.
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.
32
6(
c):
Estimating
Agency
(
EPA)
Burden
and
Cost
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
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.
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.
.
.
.
33
6(
d):
Bottom
Line
Burden
Hours
and
Cost
Tables
.
.
.
.
.
.
.
.
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.
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.
35
6(
e):
Burden
Statement
.
.
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.
.
.
.
36
TABLES
Table
1
Establishment
of
No­
discharge
Zone
by
State
Prohibition,
Respondent
(
State
Agency)
Burden
Hours
and
Costs
[
40
CFR
§
1700.9]
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
14
TABLE
OF
CONTENTS
(
Cont'd.)

iii
Table
2
Establishment
of
No­
discharge
Zone
by
EPA
Prohibition,
Respondent
(
State
Agency)
Burden
Hours
and
Costs
[
40
CFR
§
1700.10]
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
15
Table
3
Petition
for
Review,
Respondent
(
State
Agency)
Burden
Hours
and
Costs
[
40
CFR
§
1700.12]
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
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.
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.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
16
Table
4
Establishment
of
No­
discharge
Zone
by
State
Prohibition,
Agency
(
EPA)
Burden
Hours
and
Costs
[
40
CFR
§
1700.9]
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
17
Table
5
Establishment
of
No­
discharge
Zone
by
EPA
Prohibition,
Agency
(
EPA)
Burden
Hours
and
Costs
[
40
CFR
§
1700.10]
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
18
Table
6
Petition
for
Review,
Agency
(
EPA)
Burden
Hours
and
Costs
[
40
CFR
§
1700.12]
.
.
.
19
Table
7
Total
Estimated
Respondent
(
State
Agency)
Burden
and
Cost
Summary
.
.
.
.
.
.
.
.
.
.
20
Table
8
Total
Estimated
Agency
(
EPA)
Burden
and
Cost
Summary
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
21
Table
9
State
No­
discharge
Zone
Applications
Under
40
CFR
140.4(
a)
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
37
Table
10
No­
discharge
Zone
Application
Review
by
EPA
Under
40
CFR
140.4(
a)
.
.
.
.
.
.
.
.
.
38
Table
11
State
No­
discharge
Zone
Applications
Under
40
CFR
140.4(
b)
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
39
Table
12
No­
discharge
Zone
Application
Review
by
EPA
Under
40
CFR
140.4(
b)
.
.
.
.
.
.
.
.
.
40
Table
13
State
No­
discharge
Zone
Applications
Under
40
CFR
140.4(
c)
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
41
Table
14
No­
discharge
Zone
Application
Review
by
EPA
Under
40
CFR
140.4(
c)
.
.
.
.
.
.
.
.
.
42
Table
15
Total
Estimated
Respondent
(
State
Agency)
Burden
and
Cost
Summary
for
Establishing
NDZs
for
Vessel
Sewage
.
.
.
.
.
.
.
.
.
.
.
.
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.
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.
.
.
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.
.
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
43
Table
16
Total
Estimated
Agency
(
EPA)
Burden
and
Cost
Summary
for
Establishing
NDZs
for
Vessel
Sewage
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
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.
.
44
ATTACHMENTS
Attachment
A:
Summary
Table
for
Information
Collection
Under
CWA
Section
312
Attachment
B:
40
CFR
1700
(
Uniform
National
Discharge
Standards
for
Vessels
of
the
Armed
Forces
TABLE
OF
CONTENTS
(
Cont'd.)

iv
Attachment
C:
CWA
Section
312
(
Marine
Sanitation
Devices)

Attachment
D:
40
CFR
140
(
Marine
Sanitation
Device
Standard)
1
ESTABLISHING
NO­
DISCHARGE
ZONES
(
NDZs)

UNDER
CLEAN
WATER
ACT
SECTION
312
ICR
#
1791.03
OMB
Control
#
2040­
0187
PART
A
Introduction
This
document
responds
to
the
requirements
of
the
Paperwork
Reduction
Act.
The
purposes
of
the
Paperwork
Reduction
Act
of
1980
(
P.
L.
96­
511)
and
implementing
regulations
(
44
U.
S.
C.

Chapter
35)
are
to:
1)
minimize
the
Federal
paperwork
burden
for
small
businesses,
State
and
local
governments,
and
other
individuals;
2)
minimize
the
Federal
government's
cost
of
collecting,

maintaining,
using,
and
disseminating
information;
and
3)
maximize
the
usefulness
of
information
collected
by
Federal
agencies.

This
application
is
made
by
the
Oceans
and
Coastal
Protection
Division
in
the
Office
of
Water,

U.
S.
Environmental
Protection
Agency
(
EPA).
As
will
be
demonstrated
in
this
application,
the
proposed
information
collection
activities
are
accomplished
by
the
least
burdensome
and
costly
means;
are
not
duplicated
by
other
sources;
and
are
pivotal
to
EPA's
responsibilities
in
establishing
No­
discharge
Zones
(
NDZs)
for
treated
or
untreated
vessel
sewage
discharges
and
for
discharges
incidental
to
the
normal
operation
of
Armed
Forces
vessels
under
Clean
Water
Act
(
CWA)
section
312.

Organization
of
Information
Collection
Request
Statement
This
document
follows
the
format
for
Information
Collection
Requests
(
ICR)
outlined
in
the
Information
Collection
Review
Handbook
(
Office
of
Management
and
Budget,
1989)
and
the
Instructions
for
Standard
Form
83
(
revised
version
dated
September
1983).
No
exceptions
to
this
format
are
taken.
Those
topics
identified
in
the
Information
Collection
Review
Handbook,
which
are
not
relevant
to
this
application,
are
noted
and
the
basis
for
this
determination
stated.
EPA's
Information
Resources
Management
Policy
Manual
(
July
1987),
Regulation
Development
in
EPA
(
September
1992),
and
EPA's
Instructions
for
Preparing
Information
Collection
Requests
(
June
1992)
also
guided
the
development
of
this
document.
This
document
also
combines
two
previous
ICRs
developed
for
the
implementation
of
different
programs
under
Section
312
of
CWA.
This
ICR
combines
information
collection
activities
associated
with
the
following
programs
under
2
Section
312:

I.
Establishment
of
No­
discharge
Zones
for
Discharges
Incidental
to
the
Normal
Operation
of
Armed
Forces
vessels
under
CWA
Section
312(
n).

II.
Establishment
of
No­
discharge
Zones
for
Vessel
Sewage
Under
CWA
Section
312(
f)(
3)

and
(
f)(
4)(
A)
and
(
f)(
4)(
B).

Approach
Taken
in
this
Information
Collection
Request
This
ICR
combines
information
collection
analysis
for
activities
associated
with
NDZ
designations
for
vessel
sewage
and
for
incidental
discharges
from
Armed
Forces
vessels.
It
addresses
these
activities
separately
in
Chapters
I
and
II.
The
term
NDZ
will
be
used
to
refer
to
the
designation
as
it
pertains
to
that
chapter.
For
example,
NDZs
discussed
in
Chapter
I
refer
to
designations
that
prohibit
the
incidental
discharges
from
Armed
Forces
vessels,
and
NDZs
in
Chapter
II
refer
to
those
areas
where
the
discharge
of
vessel
sewage
is
prohibited.

Some
of
the
information
collection
and
record
keeping
requirements
under
this
program
are
"
borderline"
relative
to
the
requirements
to
prepare
and
submit
an
ICR
as
defined
in
the
Information
Collection
Review
Handbook.
However,
a
conservative
approach
(
i.
e.,
overstate
potential
burden
and
costs)
has
been
taken
throughout
this
analysis,
and
all
information
collection
and
record
keeping
requirements
associated
with
establishing
NDZs
have
been
described,

regardless
of
the
magnitude
of
the
burden.

This
ICR
was
developed
based
on
program
office
knowledge
of
the
process,
a
review
of
selected
NDZ
applications
similar
to
those
being
called
for
under
this
ICR,
a
review
of
EPA's
guidance
on
establishing
NDZs
under
§
312
of
the
Clean
Water
Act,
a
review
of
the
literature
on
vessel
discharge,
and
interviews
with
Federal
and
local
officials
working
on
vessel
discharge
issues.
3
Chapter
I.
Supporting
Statement
for
the
Establishment
of
No­
discharge
Zones
for
Discharges
Incidental
to
the
Normal
Operation
of
Armed
Forces
Vessels
Under
CWA
Section
312(
n).

SECTION
1:
Identification
of
the
Information
Collection
1(
a):
Title
of
the
Information
Collection
Establishment
of
No­
discharge
Zones
under
Clean
Water
Act
Section
312
1(
b):
Short
Characterization/
Abstract
Section
312(
n)
of
the
Clean
Water
Act
("
Uniform
National
Discharge
Standards
for
Vessels
of
the
Armed
Forces"
or
"
UNDS")
calls
for
the
promulgation
of
standards
and
regulations
for
the
control
of
discharges
(
other
than
sewage)
incidental
to
the
normal
operation
of
Armed
Forces
vessels.
Once
such
regulations
have
been
promulgated,
States
and
their
political
subdivisions
will
be
pre­
empted
from
adopting
or
enforcing
any
of
their
own
statutes
or
regulations
regarding
these
discharges.
However,
No­
discharge
Zones
("
NDZs")
may
be
established
by
either
State
prohibition
or
EPA
prohibition
following
the
procedures
in
proposed
40
CFR
Part
139.
The
purpose
of
this
chapter
of
the
ICR
is
to
discuss
the
information
that
will
be
required
from
a
State
if
it
decides
to
establish
a
NDZ
by
State
prohibition
or
apply
for
a
NDZ
by
EPA
prohibition.

UNDS
also
provides
that
the
Governor
of
any
State
may
petition
EPA
and
the
Secretary
of
Defense
to
review
any
determination
or
standard
promulgated
under
the
UNDS
program
if
there
is
significant
new
information
that
could
reasonably
result
in
a
change
to
the
determination
or
standard.
This
chapter
of
the
ICR
also
discusses
the
information
that
will
be
required
from
a
State
if
it
decides
to
submit
such
a
petition.

SECTION
2:
Need
for
and
Use
of
the
Collection
2(
a):
Need/
Authority
for
the
Collection
1)
NDZ
by
State
Prohibition:
In
order
for
a
State
to
prohibit
a
discharge
incidental
to
the
normal
operation
of
an
Armed
Forces
vessel,
EPA
must
make
the
following
determinations:
I)
that
adequate
facilities
for
the
safe
and
sanitary
removal
of
the
discharge
are
reasonably
available
for
4
the
waters
to
which
the
prohibition
would
apply;
and
ii)
that
the
prohibition
will
not
have
the
effect
of
discriminating
against
a
vessel
of
the
Armed
Forces
by
reason
of
the
ownership
or
operation
by
the
Federal
Government,
or
the
military
function,
of
the
vessel
(
see
CWA
section
312(
n)(
7)(
A),
33
USC
1322(
n)(
7)(
A)).
The
State
must
provide
EPA
enough
information
to
be
able
to
make
those
determinations.
The
specific
information
being
requested
is
listed
in
proposed
40
CFR
1700.9(
a).

2)
NDZ
by
EPA
Prohibition:
In
order
for
EPA
to
prohibit
a
discharge
incidental
to
the
normal
operation
of
an
Armed
Forces
vessel
(
upon
application
of
a
State),
EPA
must
make
the
following
determinations:
I)
that
the
protection
and
enhancement
of
the
quality
of
the
specified
waters
require
a
prohibition
of
the
discharge;
ii)
that
adequate
facilities
for
the
safe
and
sanitary
removal
of
the
discharge
are
reasonably
available
for
the
waters
to
which
the
prohibition
would
apply;
and
iii)
that
the
prohibition
will
not
have
the
effect
of
discriminating
against
a
vessel
of
the
Armed
Forces
by
reason
of
the
ownership
or
operation
by
the
Federal
Government,
or
the
military
function,
of
the
vessel
(
see
CWA
section
312(
n)(
7)(
B),
33
USC
1322(
n)(
7)(
B)).
The
State
must
provide
EPA
enough
information
to
be
able
to
make
those
determinations.
The
specific
information
being
requested
is
listed
in
proposed
40
CFR
1700.10(
a).

3)
Petition
for
review:
A
State
may
request
that
EPA
and
the
Secretary
of
Defense
review
I)
a
determination
of
whether
an
UNDS
discharge
will
require
a
control,
or
ii)
a
standard
of
performance
for
a
control
on
an
UNDS
discharge,
by
submitting
a
petition
which
discusses
significant
new
scientific
and
technical
information
that
could
reasonably
result
in
a
change
to
the
determination
or
standard
(
see
CWA
section
312(
n)(
5)(
D),
33
USC
1322(
n)(
5)(
D)).
The
State
must
provide
EPA
this
information
and
a
discussion
of
how
the
information
is
relevant
to
one
or
more
of
the
seven
factors
which
EPA
and
the
Secretary
of
Defense
are
required
to
consider
in
making
these
determinations
and
standards
(
see
CWA
section
312(
n)(
2)(
B),
33
USC
1322(
n)(
2)(
B)).

2(
b):
Practical
Utility/
Users
of
the
Data
1)
NDZ
by
State
Prohibition:
The
information
requested
from
the
State
will
be
used
by
EPA
to
make
the
determinations
it
is
required
to
make
by
law
in
order
for
a
State
prohibition
to
go
into
effect.

2)
NDZ
by
EPA
Prohibition:
The
information
requested
from
the
State
will
be
used
by
EPA
to
make
the
determinations
it
is
required
to
make
by
law
in
order
to
establish
a
NDZ.
5
3)
Petition
for
review:
The
information
requested
from
the
State
will
be
used
by
EPA
and
the
Secretary
of
Defense
in
order
to
review
any
determinations
and
standards
promulgated
under
UNDS.

SECTION
3:
Non­
duplication,
Public
Notice,
Consultations,
and
Other
Collection
Criteria
3(
a):
Non­
duplication
1)
NDZ
by
State
Prohibition:
EPA
is
responsible
for
two
determinations
necessary
for
a
NDZ
by
State
prohibition
to
be
effective
under
CWA
section
312(
n)(
7)(
A).
There
is
no
duplication
of
effort
in
the
NDZ
application
process.

2)
NDZ
by
EPA
Prohibition:
EPA
is
responsible
for
the
approval
of
a
NDZ
by
EPA
prohibition
under
CWA
section
312(
n)(
7)(
B).
There
is
no
duplication
of
effort
in
the
NDZ
application
process.

3)
Petition
for
review:
EPA
and
the
Secretary
of
Defense
are
responsible
for
reviewing
determinations
and
standards
upon
petition
by
a
State.
There
is
no
duplication
of
effort
in
the
Petition
for
review
process.

3(
b):
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
The
announcement
of
this
ICR
was
made
in
the
Federal
Register
on
AUGUST
26,
2004
(
VOL.

69,
NO.
165,
PP.
52505­
52506).
IT
WAS
TITLED
"
AGENCY
INFORMATION
COLLECTION
ACTIVITIES:
PROPOSED
COLLECTIONS;
COMMENT
REQUEST;

ESTABLISHING
NO­
DISCHARGE
ZONES
UNDER
CLEAN
WATER
ACT
SECTION
312."
EPA
did
not
receive
any
comments
on
this
notice.

3(
c):
Consultations
Three
representative
of
State
environmental
offices
were
contacted,
during
August
and
September
of
2004,
and
asked
to
provide
oral
comments
on
EPA's
burden
estimate
(
see
section
6(
e)):
Todd
Callaghan
(
MA
Department
of
Environmental
Protection,
617­
626­
1233);
Sally
Knowles
(
SC
Department
of
Health
and
Environmental
Control,
803­
898­
4175);
and
Alicia
Carlson
(
NH
Department
of
Environmental
Services,
603­
271­
0698).
While
two
of
the
representative
believe
6
the
estimate
is
reasonable,
one
representative
believes
that
the
estimate
may
be
low.

3(
d):
Effects
of
Less
Frequent
Collection
The
information
collection
requirements
related
to
the
NDZ
application
process
described
in
this
chapter
of
the
ICR,
and
the
Petition
for
review
are
submitted
on
a
one­
time
basis.
Reductions
below
this
level
are
not
feasible.

3(
e):
General
Guidelines
The
information
collection
activities
discussed
in
this
chapter
of
the
ICR
are
fully
consistent
with
all
guidelines
in
5
CFR
1320.5(
d)(
2).

3(
f):
Confidentiality
The
information
collection
activities
discussed
in
this
chapter
of
the
ICR
do
not
require
the
submission
of
any
confidential
information.

3(
g):
Sensitive
Questions
The
information
collection
activities
discussed
in
this
chapter
of
the
ICR
do
not
require
the
submission
of
any
sensitive
information.

SECTION
4:
The
Respondents
and
the
Information
Requested
4(
a):
Respondents/
SIC
Codes
State
governments
(
SIC
code
9511,
NAICS
code
924110)
are
the
only
respondents
to
the
data
collection
activities
described
in
this
chapter
of
the
ICR.

4(
b):
Information
Requested
No­
discharge
Zone
(
NDZ)
by
State
Prohibition
under
Section
1700.9
(
I)
Data
Items
7
!
Identification
of
discharge
!
Definition
of
waters
in
proposed
NDZ
!
Determination
of
necessity
for
greater
environmental
protection
!
Description
of
discharge
removal
facilities
!
Information
on
regulation
of
this
discharge
from
non­
Armed
Forces
vessels
(
ii)
Respondent
Activities
For
the
establishment
of
a
NDZ
by
State
Prohibition,
a
State
must:

!
Submit
to
EPA
a
certification
that
it
has
determined
that
the
protection
and
enhancement
of
the
quality
of
the
proposed
waters
require
greater
environmental
protection,
and
!
Submit
to
EPA
a
request
with
enough
information
for
EPA
to
determine
that:
(
1)

adequate
facilities
for
the
safe
and
sanitary
removal
of
the
discharge
are
reasonably
available
for
the
waters
to
which
the
prohibition
would
apply;
and
(
2)
the
prohibition
will
not
have
the
effect
of
discriminating
against
Armed
Forces
vessels
by
reason
of
the
ownership
or
operation
by
the
Federal
Government,
or
the
military
function,
of
the
vessel.

No­
discharge
Zone
(
NDZ)
by
EPA
Prohibition
under
Section
1700.10
(
I)
Data
Items
!
Identification
of
discharge
!
Definition
of
waters
in
proposed
NDZ
!
Technical
analysis
showing
why
protection
requires
a
prohibition
of
the
discharge
!
Description
of
discharge
removal
facilities
!
Information
on
regulation
of
this
discharge
from
non­
Armed
Forces
vessels
(
ii)
Respondent
Activities
For
the
establishment
of
a
NDZ
by
EPA
Prohibition,
a
State
must:

!
Submit
an
application
to
EPA
with
enough
information
for
EPA
to
determine
that:

(
1)
the
protection
and
enhancement
of
the
quality
of
the
proposed
waters
require
a
prohibition
of
the
discharge;

(
2)
adequate
facilities
for
the
safe
and
sanitary
removal
of
the
discharge
are
reasonably
available
for
the
waters
to
which
the
prohibition
would
apply;
and
(
3)
the
prohibition
will
not
have
the
effect
of
discriminating
against
Armed
Forces
vessels
by
reason
of
the
ownership
or
operation
by
the
Federal
Government,
or
the
military
function,
of
the
vessel.
8
Petition
for
Review
under
Sections
1700.11
­
1700.13
(
I)
Data
Items
!
Identification
of
discharge
or
standard
!
Scientific
and
technical
information
on
which
petition
is
based
!
An
explanation
of
why
the
State
believes
that
consideration
of
the
information
provided
should
result
in
a
change
to
the
determination
or
standard
on
a
nationwide
basis,
and
an
explanation
of
how
the
technical
information
provided
is
relevant
to
one
or
more
of
the
7
factors
considered
in
making
the
original
determination
or
standard
as
required
by
the
statute
(
CWA
312(
n)(
2)(
B))

(
ii)
Respondent
Activities
If
a
State
believes
there
is
significant
new
information
that
could
reasonably
result
in
a
change
to
a
determination
of
whether
a
particular
discharge
will
require
a
marine
pollution
control
device,
or
to
a
Federal
standard
of
performance
for
a
Marine
Pollution
Control
Device,
it
may
submit
a
petition
requesting
that
the
Secretary
of
Defense
and
EPA
review
the
determination
or
standard.

SECTION
5:
The
Information
Collected
­­
Agency
Activities,
Collection
Methodology
and
Information
Management
5(
a):
Agency
Activities
No­
discharge
Zone
(
NDZ)
by
State
Prohibition
under
Section
1700.9
Agency
activities
associated
with
a
request
by
a
State
to
establish
a
NDZ
by
State
Prohibition
consist
of
the
following:

!
Clarify
any
questions
from
State
applicants
!
Review
the
information
in
the
request
and
determine
whether:

(
1)
adequate
facilities
for
the
safe
and
sanitary
removal
of
the
discharge
are
reasonably
available
for
the
waters
to
which
the
prohibition
would
apply;
and
(
2)
the
prohibition
will
not
have
the
effect
of
discriminating
against
Armed
Forces
vessels
by
reason
of
the
ownership
or
operation
by
the
Federal
Government,
or
the
military
function,
of
the
vessel
!
Notify
the
State
in
writing
of
the
above
determinations
!
Copy,
store,
file
and
maintain
the
State's
request
and
EPA's
response
letter
No­
discharge
Zone
(
NDZ)
by
EPA
Prohibition
under
Section
1700.10
9
Agency
activities
associated
with
an
application
from
a
State
to
establish
a
NDZ
by
EPA
Prohibition
consist
of
the
following:

!
Clarify
any
questions
from
State
applicants
!
Review
the
information
in
the
application
and
determine
whether:

(
1)
the
protection
and
enhancement
of
the
quality
of
the
proposed
waters
require
a
prohibition
of
the
discharge;

(
2)
adequate
facilities
for
the
safe
and
sanitary
removal
of
the
discharge
are
reasonably
available
for
the
waters
to
which
the
prohibition
would
apply;
and
(
3)
the
prohibition
will
have
the
effect
of
discriminating
against
Armed
Forces
vessels
by
reason
of
the
ownership
or
operation
by
the
Federal
Government,
or
the
military
function,
of
the
vessel.

!
Notify
the
State
in
writing
whether
the
application
for
the
NDZ
was
approved
!
If
the
application
is
approved,
publish
notice
of
proposed
rulemaking
in
the
Federal
Register,
receive
and
review
public
comments,
then
issue
a
final
determination
taking
into
account
any
comments
submitted
!
Copy,
store,
file
and
maintain
the
State's
request
and
EPA's
response
letter
Petition
for
Review
under
Sections
1700.11
­
1700.13
Agency
activities
(
in
conjunction
with
the
Secretary
of
Defense)
associated
with
an
application
from
a
State
to
review
a
determination
or
standard
consist
of
the
following:

!
Clarify
any
questions
from
State
applicants
!
Review
petition
and
decide
whether
the
requested
change
will
be
made
within
2
years
after
receiving
the
complete
petition
!
If
the
change
requested
in
the
petition
is
approved,
publish
notice
of
proposed
rulemaking
in
the
Federal
Register,
receive
and
review
public
comments,
then
issue
a
final
determination
taking
into
account
any
comments
submitted
!
If
the
change
requested
in
the
petition
is
not
approved,
notify
the
State
of
the
reasons
in
writing
!
Copy,
store,
file
and
maintain
the
State's
request
and
EPA's
response
letter
5(
b):
Collection
Methodology
and
Management
The
information
described
in
this
chapter
of
the
ICR
will
be
given
to
EPA
by
States
in
the
form
of
a
request
letter,
application,
or
petition.
EPA
will
ensure
the
accuracy
and
completeness
of
this
information
by
reviewing
each
submittal.
This
information
will
be
made
available
to
the
public
when
necessary
for
rulemaking
through
the
Federal
Register.
10
5(
c):
Small
Entity
Flexibility
The
only
possible
respondents
to
the
activities
described
in
this
chapter
of
the
ICR
are
States.

Therefore,
there
are
no
small
entities
affected.

5(
d):
Collection
Schedule:

No­
discharge
Zone
(
NDZ)
by
State
Prohibition
under
Section
1700.9
EPA
expects
very
few
requests
for
NDZs
by
State
prohibition
because
the
discharges
which
will
be
regulated
by
this
rulemaking
are
not
currently
regulated
by
most
States.
This
is
not
a
reporting
requirement,
nor
are
there
any
deadlines
associated
with
these
requests.
If
a
State
determines
that
it
would
like
to
establish
a
NDZ
by
State
prohibition,
it
is
required
by
statute
to
secure
two
determinations
by
EPA,
and
this
chapter
of
the
ICR
specifies
the
information
EPA
requires
in
order
to
make
those
determinations.
EPA
is
estimating
4
requests
per
year.

No­
discharge
Zone
(
NDZ)
by
EPA
Prohibition
under
Section
1700.10
EPA
expects
very
few
applications
for
NDZs
by
EPA
prohibition
because
the
discharges
which
will
be
regulated
by
this
rulemaking
are
not
currently
regulated
by
most
States
and
because
this
process
is
more
complex
than
establishing
a
NDZ
by
State
prohibition.
This
is
not
a
reporting
requirement,
nor
are
there
any
deadlines
associated
with
these
requests.
If
a
State
determines
that
it
would
like
EPA
to
establish
a
NDZ
by
EPA
prohibition,
EPA
is
required
by
statute
to
make
three
determinations
before
doing
so,
and
this
chapter
of
the
ICR
specifies
the
information
EPA
requires
in
order
to
make
those
determinations.
EPA
is
estimating
1
application
per
year.

Petition
for
Review
under
Sections
1700.11
­
1700.13
EPA
expects
few
petitions
for
review
of
determinations
of
whether
a
discharge
incidental
to
the
normal
operation
of
an
Armed
Forces
vessel
requires
control,
or
of
standards
of
performance
for
Marine
Pollution
Control
Devices.
Such
petitions
may
only
be
used
by
a
State
if
there
is
significant
new
information,
not
considered
previously,
that
could
reasonably
result
in
a
change
to
a
particular
determination
or
standard.
This
is
not
a
reporting
requirement,
nor
are
there
any
deadlines
associated
with
these
petitions.
This
chapter
of
the
ICR
specifies
the
information
EPA
requires
in
order
to
consider
such
a
petition.
EPA
is
estimating
1
petition
per
year.

SECTION
6:
Estimating
the
Burden
and
Cost
of
the
Collection
11
Burden
and
cost
estimates
are
in
Tables
1
to
8,
at
the
end
of
this
section.
The
text
in
this
section
explains
how
these
estimates
were
derived.

6(
a):
Estimating
Respondent
Burden
Respondent
labor
burden
hours
listed
in
Tables
1
to
3
are
primarily
based
on
data
and
assumptions
presented
in
EPA's
1995
ICR
analysis
for
Clean
Water
Act
section
312
mandates
[
specifically,
information
collection
effort
under
for
CWA
section
312(
f)(
3),
(
f)(
4)(
A)
and
(
f)(
4)(
B)].
Where
necessary,
the
level­
of­
effort
determinations
in
the
1995
ICR
were
adjusted
to
correspond
to
the
specific
new
information
collection
requirements
resulting
from
the
proposed
requirements
of
§
§
1700.9,
1700.10,
and
1700.12.
All
of
the
level­
of­
effort
estimates
presented
in
Tables
1
to
3
have
been
reviewed
for
accuracy
and
reasonableness
by
EPA
managers
and
EPA
contractors,
all
of
whom
have
had
considerable
project­
management
experience
doing
information­
collection
work
similar
to
that
required
by
proposed
§
§
1700.9,
1700.10,
and
1700.12.

6(
b):
Estimating
Respondent
Costs
(
I)
Estimating
Labor
Costs
All
labor
cost­
rate
data
used
in
Tables
1
to
3
were
obtained
from
the
U.
S.
Bureau
of
Labor
Statistics
(
BLS)
Compensation
Cost
Trends
homepage
(
http://
www.
bls.
gov/
ncs/
ect/).
The
BLS
homepage
has
a
variety
of
links
to
publications
and
reports
related
to
labor
costs
by
category.

The
BLS
report
used
in
this
ICR
was
titled
Employer
Costs
for
Employee
Compensation,

available
on­
line
at:
ftp://
ftp.
bls.
gov/
pub/
news.
release/
ecec.
txt.

Table
4
of
the
BLS
report
(
http://
stats.
bls.
gov/
news.
release/
ecec.
t04.
htm)
contains
employee
compensation
data
for
State
and
Local
Government
Employers.
The
labor
rates
for
respondent
management,
technical,
and
clerical
personnel
in
Tables
1
to
3
of
the
ICR
were
obtained
from
the
"
White­
Collar
Occupations"
category.

BLS
Report
(
Table
4)

White­
Collar
Job
Classification
Titles
ICR
Respondent
Job
Classification
Titles
Used
in
ICR
Tables
1
­
3
Corresponding
Labor
Compensation
(
hourly
rate)

from
BLS
Report
Executive,
administrative,
and
managerial
Management
$
41.63
12
Professional
specialty
and
technical
Technical
$
41.36
Administrative
support
including
clerical
Clerical
$
23.31
The
above
labor
rate
data
are
"
fully
burdened"
and
include
wages/
salaries
and
benefits.
The
BLS
report
provides
a
breakdown
of
benefit
costs,
which
includes
paid
leave,
supplemental
pay,

insurance,
retirement,
and
legally
required
benefit.
Only
fully
burdened
BLS
labor
cost
data
(
i.
e.,

total
compensation)
are
used
in
the
analysis
described
in
this
chapter
of
the
ICR.

(
ii)
Estimating
Capital
and
Operations
and
Maintenance
(
O&
M)
Costs
There
are
no
predicted
respondent
capital
or
start­
up
costs
associated
with
the
activities
described
in
this
chapter
of
the
ICR.

Nonlabor
O&
M
includes
only
costs
for
photocopying,
postage,
telephone
charges,
and
similar
expenses.
Item
1b
of
ICR
Tables
1
to
3,
Clarify
Questions
with
EPA,
is
assumed
to
be
exclusively
telephone
and
facsimile
machine
expenses.
Other
O&
M
expenses
listed
in
Tables
1
to
3
(
i.
e.,
under
Items
3,
5,
and
6)
are
predominantly
photocopy,
postage,
and
related
paperwork
distribution
expenses.

6(
c):
Estimating
Agency
(
EPA)
Burden
and
Cost
EPA
labor
burden
hours
listed
in
Tables
4
to
6
are
primarily
based
on
data
and
assumptions
presented
in
EPA's
1995
ICR
analysis
for
Clean
Water
Act
section
312
mandates
[
specifically,

information
collection
effort
under
for
CWA
sections
312(
f)(
3),
(
f)(
4)(
A)
and
(
f)(
4)(
B)].
Where
necessary,
the
level­
of­
effort
determinations
in
the
1995
ICR
were
adjusted
to
correspond
to
the
specific
new
information
collection
requirements
resulting
from
the
proposed
requirements
of
§
§
1700.9,
1700.10,
and
1700.12.
All
of
the
level­
of­
effort
estimations
presented
in
Tables
4
to
6
have
been
reviewed
for
accuracy
and
reasonableness
by
EPA
managers
and
EPA
contractors,
all
of
whom
have
had
considerable
project­
management
experience
doing
information­
collection
work
similar
to
that
required
by
§
§
1700.9,
1700.10,
and
1700.12.

Agency
labor
costs
data
associated
with
this
chapter
of
the
ICR
were
obtained
using
pay
scale
rates
for
GS­
9,
GS­
12,
and
GS­
14
employees.
The
2004
General
Schedule
Locality
Pay
Tables
can
be
found
at
http://
www.
opm.
gov/
oca/
04tables/
html/
dcb.
asp.
The
salary
scales
contained
in
the
table
were
effective
January
2004.
13
Step
1
of
the
GS
salaries
was
used
in
this
chapter
of
the
ICR
analysis.
The
annual
GS
salary
rates
were
converted
to
hourly
rates
according
to
instructions
in
Section
6(
c)
of
the
EPA
ICR
Handbook
(
12/
96
version).
Total
salaries
were
divided
by
2,080,
which
represent
the
average
number
of
hours
work
in
a
calendar
year,
and
then
multiplied
by
a
factor
of
1.6.
The
multiplier
represents
the
benefits
multiplication
factor.
The
result
is
the
true
hourly
cost
to
the
Federal
government
to
employ
a
Federal
worker
for
one
hour.
These
calculated
hourly
rates
are
used
in
Tables
4
to
6
of
the
ICR.

ICR
Agency
Job
Classification
Title
Used
in
ICR
Tables
4
­
6
January
2000
Annual
GS
Salary
(
Step
1)
Work
Hours
Per
Year
Factor
Benefits
Factor
Calculated
Hourly
Rate
Used
in
Tables
4
­
6
Clerical
GS­
9,
$
41,815
÷
2,080
×
1.6
$
32.17/
hr
Technical
GS­
12,
$
60,638
÷
2,080
×
1.6
$
46.64/
hr
Management
GS­
14,
$
85,210
÷
2,080
×
1.6
$
65.55/
hr
6(
d):
Bottom
Line
Burden
Hours
and
Cost
Tables
Total
estimated
burdens
of
associated
with
the
requirements
under
§
§
1700.9,
§
1700.10,
and
§
1700.12
to
the
State
Agency
respondents
and
to
EPA
are
summarized
in
Tables
7
and
8,

respectively.
The
data
contained
in
both
of
these
tables
are
transcribed
from
preceding
Tables
1
to
6.
Table
7
data
can
be
found
in
the
Subtotal
lines
of
Tables
1
to
3,
and
Table
8
data
are
found
in
the
Subtotal
lines
of
Tables
4
to
6.

6(
e):
Burden
Statement
The
annual
public
reporting
and
recordkeeping
burden
for
this
collection
of
information
is
estimated
to
average
160
hours
per
response.
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;

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.
An
14
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.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OW­
2004­
0030,
which
is
available
for
public
viewing
at
the
Water
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
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
Reading
Room
is
(
202)
566­
1744,
and
the
telephone
number
for
the
Water
Docket
is
(
202)
566­
2426.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
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
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,

DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
(
OW­
2004­

0030)
and
OMB
control
number
(
2040­
0187)
in
any
correspondence.
15
Table
1.
Establishment
of
No­
discharge
Zone
by
State
Prohibition,
Respondent
(
State
Agency)
Burden
Hours
and
Costs
[
40
CFR
§
1700.9]

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
41.63/
hr
Technical
$
41.36/
hr
Clerical
$
23.31/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
4)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
3.00
20.00
4
92.00
$
3,808.36
b.
Clarify
questions
with
EPA
3.00
50
4
12.00
$
696.32
2.
Gather
Information
a.
Identification
of
discharge
0.25
4
1.00
$
41.36
b.
Definition
of
waters
in
NDZ
1.00
4
4.00
$
165.44
c.
Determination
of
necessity
for
greater
environmental
protection
5.00
4
20.00
$
827.20
d.
Description
of
discharge
removal
facilities
1.25
9.00
4
41.00
$
1,697.11
e.
Information
on
regulation
of
this
discharge
from
non­
Armed
Forces
vessels
2.75
4
11.00
$
454.96
3.
Create
Information
(
analyze
data
and
compile/
write
Request
Letter)
8.00
59.00
10.00
40
4
308.00
$
12,185.52
4.
Review
information
8.00
32.00
8.00
4
192.00
$
7,372.16
5.
Complete
paperwork
(
e.
g.,
Request
Letter)
3.00
3.00
10
4
24.00
$
819.28
6.
Copy,
store,
file,
and
maintain
information
3.00
50
4
12.00
$
479.72
Subtotal
(
hours
and
costs)
23.25
132.00
24.00
0.00
150.00
4
717.00
$
28,547.43
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.
16
Table
2.
Establishment
of
No­
discharge
Zone
by
EPA
Prohibition,
Respondent
(
State
Agency)
Burden
Hours
and
Costs
[
40
CFR
§
1700.10]

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
41.63/
hr
Technical
$
41.36/
hr
Clerical
$
23.31/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
3.00
20.00
1
23.00
$
952.09
b.
Clarify
questions
with
EPA
3.00
$
50.00
1
3.00
$
174.08
2.
Gather
Information
a.
Identification
of
discharge
0.25
1
0.25
$
10.34
b.
Definition
of
waters
in
NDZ
1.00
1
1.00
$
41.36
c.
Technical
analysis
showing
why
protection
requires
a
prohibition
of
the
discharge
9.00
1
9.00
$
372.24
d.
Description
of
discharge
removal
facilities
1.25
9.00
1
10.25
$
424.28
e.
Information
on
regulation
of
this
discharge
from
non­
Armed
Forces
vessels
2.75
1
2.75
$
113.74
3.
Create
Information
(
analyze
and
interpret
data)
8.00
70.00
10.00
$
40.00
1
88.00
$
3,501.34
4.
Review
information
and
make
determination
8.00
32.00
8.00
1
48.00
$
1,843.04
5.
Complete
paperwork
(
e.
g.,
Reply
Letter)
3.00
3.00
$
10.00
1
6.00
$
204.82
6.
Disclose
information
(
i.
e.,
Federal
Register
notices)
$
0.00
7.
Copy,
store,
file,
and
maintain
information
3.00
$
50.00
1
3.00
$
119.93
Subtotal
(
hours
and
costs)
23.25
147.00
24.00
$
0.00
$
150.00
1
194.25
$
7,757.26
17
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.
18
Table
3.
Petition
for
Review,
Respondent
(
State
Agency)
Burden
Hours
and
Costs
[
40
CFR
§
1700.12]

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
41.63/
hr
Technical
$
41.36/
hr
Clerical
$
23.31/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
1.00
4.00
1
5.00
$
207.07
b.
Clarify
questions
with
EPA
1.00
$
50.00
1
1.00
$
91.36
2.
Gather
Information
a.
Identification
of
discharge
or
standard
0.25
1
0.25
$
10.34
b.
Scientific
and
technical
information
on
which
petition
is
based
0.50
6.00
1
6.50
$
268.98
c.
Explanation
on
how
information
relates
to
statutory
factors
0.50
2.00
1
2.50
$
103.54
3.
Create
Information
(
analyze
and
interpret
data)
1.00
12.00
2.00
$
40.00
1
15.00
$
624.57
4.
Review
petition
information
for
accuracy
and
make
determination
2.00
4.00
4.00
$
10.00
1
10.00
$
351.94
5.
Complete
paperwork
(
e.
g.,
Petition)
2.00
2.00
1
4.00
$
129.88
6.
Disclose
Information
(
i.
e.,
Federal
Register
notices)
$
0.00
7.
Copy,
store,
file,
and
maintain
information
2.00
$
50.00
1
2.00
$
96.62
Subtotal
(
hours
and
costs)
7.00
29.25
10.00
$
150.00
1.00
46.25
$
1,884.29
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.
19
Table
4.
Establishment
of
No­
discharge
Zone
by
State
Prohibition,
Agency
(
EPA)
Burden
Hours
and
Costs
[
40
CFR
§
1700.9]

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
65.55/
hr
(
GS­
14)
Technical
$
46.64/
hr
(
GS­
12)
Clerical
$
32.17/
hr
(
GS­
9)
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
4)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
b.
Clarify
questions
with
EPA
2.00
4
8.00
$
373.12
2.
Gather
Information
a.
Identification
of
discharge
$
0.00
b.
Definition
of
waters
in
NDZ
$
0.00
c.
Determination
of
necessity
for
greater
environmental
protection
$
0.00
d.
Description
of
discharge
removal
facilities
$
0.00
e.
Information
on
regulation
of
this
discharge
from
non­
Armed
Forces
vessels
$
0.00
3.
Create
Information
(
analyze
data
and
compile/
write
Request)
$
0.00
4.
Review
information
and
make
determination
4.00
16.00
4
80.00
$
4,033.76
5.
Complete
paperwork
(
e.
g.,
Reply
Letter)
1.50
1.50
$
10.00
4
12.00
$
626.32
6.
Copy,
store,
file,
and
maintain
information
1.50
$
50.00
4
6.00
$
393.02
Subtotal
(
hours
and
costs)
5.50
18.00
3.00
$
60.00
4
106.00
$
5,426.22
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.
20
Table
5.
Establishment
of
No­
discharge
Zone
by
EPA
Prohibition,
Agency
(
EPA)
Burden
Hours
and
Costs
[
40
CFR
§
1700.10]

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
65.55/
hr
(
GS­
14)
Technical
$
46.64/
hr
(
GS­
12)
Clerical
$
32.17/
hr
(
GS­
9)
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
b.
Clarify
questions
with
EPA
2.00
1
2.00
$
93.28
2.
Gather
Information
$
0.00
a.
Identification
of
discharge
$
0.00
b.
Definition
of
waters
in
NDZ
$
0.00
c.
Technical
analysis
showing
why
protection
requires
a
prohibition
of
the
discharge
$
0.00
d.
Description
of
discharge
removal
facilities
$
0.00
e.
Information
on
regulation
of
this
discharge
from
non­
Armed
Forces
vessels
$
0.00
3.
Create
Information
(
analyze
and
interpret
data)
$
0.00
4.
Review
information
and
make
determination
4.00
16.00
1
20.00
$
1,008.44
5.
Complete
paperwork
(
e.
g.,
Reply
Letter)
1.50
1.50
$
10.00
1
3.00
$
156.58
6.
Disclose
information
(
i.
e.,
Federal
Register
notices)
1.00
4.00
2.00
1
7.00
$
316.45
7.
Copy,
store,
file,
and
maintain
information
1.50
$
50.00
1
1.50
$
98.26
Subtotal
(
hours
and
costs)
6.50
22.00
5.00
$
60.00
1
33.50
$
1,673.01
21
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.
22
Table
6.
Petition
for
Review,
Agency
(
EPA)
Burden
Hours
and
Costs
[
40
CFR
§
1700.12]

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
65.55/
hr
(
GS­
14)
Technical
$
46.64/
hr
(
GS­
12)
Clerical
$
32.17/
hr
(
GS­
9)
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
b.
Clarify
questions
with
EPA
2.00
1
2.00
$
93.28
2
Gather
Information
a.
Identification
of
discharge
or
standard
$
0.00
b.
Scientific
and
technical
information
on
which
petition
is
based
$
0.00
c.
Explanation
on
how
information
relates
to
statutory
factors
$
0.00
3.
Create
Information
(
analyze
and
interpret
data)
$
0.00
4.
Review
petition
information
for
accuracy
and
make
determination
4.00
16.00
1
20.00
$
1,008.44
5.
Complete
paperwork
(
e.
g.,
Reply
Letter)
1.50
1.50
$
10.00
1
3.00
$
156.58
6.
Disclose
Information
(
i.
e.,
Federal
Register
notices)
1.00
4.00
2.00
1
7.00
$
316.45
7.
Copy,
store,
file,
and
maintain
information
1.50
$
50.00
1
1.50
$
98.26
Subtotal
(
hours
and
costs)
6.50
22.00
5.00
$
60.00
1
33.50
$
1,673.01
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.
23
Table
7.
Total
Estimated
Respondent
(
State
Agency)
Burden
and
Cost
Summary
Number
of
Respondents
Number
of
Activities
Per
Year
Total
Number
of
Hours
Per
Year
Total
Labor
Cost
Per
Year
($)
Total
Annual
Capital
Costs
($)
Total
Annual
O&
M
Costs
($)

No­
discharge
Zone
by
State
Prohibition
[
40
CFR
§
1700.9;
Table
1]
4
4
717.00
$
27,947.43
$
0.00
$
600.00
No­
discharge
Zone
by
EPA
Prohibition
[
40
CFR
§
1700.10;
Table
2]
1
1
194.25
$
7,607.26
$
0.00
$
150.00
Petition
for
Review
[
40
CFR
§
1700.12;
Table
3]
1
1
46.25
$
1,734.29
$
0.00
$
150.00
TOTAL
6
6
957.50
$
37,288.98
$
0.00
$
900.00
24
Table
8.
Total
Estimated
Agency
(
EPA)
Burden
and
Cost
Summary
Number
of
Respondents
Number
of
Activities
Per
Year
Total
Number
of
Hours
Per
Year
Total
Labor
Cost
Per
Year
($)

No­
discharge
Zone
by
State
Prohibition
[
40
CFR
§
1700.9;
Table
4]
4
4
106.00
$
5,426.22
No­
discharge
Zone
by
EPA
Prohibition
[
40
CFR
§
1700.10;
Table
5]
1
1
33.50
$
1,673.01
Petition
for
Review
[
40
CFR
§
1700.12;
Table
6]
1
1
33.50
$
1,673.01
TOTAL
6
6
173.00
$
8,772.24
25
Chapter
II.
Supporting
Statement
for
the
Establishment
of
No­
discharge
Zones
for
Vessel
Sewage
Under
CWA
Sections
312(
f)(
3)
and
312(
f)(
4)(
A)
and
312(
f)(
4B)

SECTION
1:
Identification
of
the
Information
Collection
1(
a):
Title
of
the
Information
Collection
Establishment
of
No­
discharge
Zones
Under
Clean
Water
Act
Section
312.

1(
b):
Short
Characterization/
Abstract
EPA
requires
the
collection
of
information
by
States
interested
in
designating
all
or
portions
of
their
State
waters
under
the
Clean
Water
Act
§
312(
f)
as
areas
prohibiting
the
discharge
of
treated
or
untreated
sewage
from
vessels.
The
CWA
mandates
under
§
312
(
f)(
3)
and
(
f)(
4)(
A)
and
(
f)(
4)(
B),
that
EPA
review
State
applications
for
prohibiting
the
discharge
of
vessel
sewage
into
waters
identified
by
the
State.
If
the
State
applies
under
§
312(
f)(
3),
EPA
must
determine
from
the
State
application
whether
there
are
adequate
and
reasonably
available
pumpout
facilities
for
such
waters
to
which
such
a
prohibition
would
apply.
A
State
can
petition
EPA
to
designate
its
waters
as
an
NDZ
for
vessel
sewage
if
the
protection
of
the
waters
require
a
complete
prohibition
of
the
discharge
of
vessel
sewage.
Finally
if
under
§
312(
f)(
4)(
B),
upon
application
by
a
State,
EPA
may,
by
regulation,
establish
a
drinking
water
intake
zone
in
any
waters
within
that
State
and
prohibit
the
discharge
of
sewage
from
vessels
within
that
zone.
For
EPA
to
make
the
approvals
and
designations
related
to
establishing
No­
discharge
Zones
(
NDZs),
it
must
require
by
rule
that
the
State
provide
information
relevant
to
this
decision­
making
process,
therefore
requiring
preparation
of
an
ICR
in
compliance
with
the
Paperwork
Reduction
Act.

SECTION
2:
Need
for
and
Use
of
the
Collection
This
section
describes
the
statutory
and
regulatory
authorities
associated
with
this
information
collection.
It
also
summarizes
the
use
of
the
information
designating
NDZs.

2(
a):
Need/
Authority
for
the
Collection
The
need
for
EPA
to
obtain
information
to
establish
NDZs
stems
from
statutory
authority
and
subsequent
regulations.
The
establishment
of
NDZs
provide
State
and
local
governments
with
additional
protection
of
waters
from
treated
or
untreated
vessel
sewage
discharges,
which
is
one
of
many
types
of
water
pollution.
A
summary
of
the
statutory
authority
and
subsequent
regulations,
follows.

1)
Statutory
Authority:
Section
312(
f)
(
33
U.
S.
C.
1322)
of
the
Clean
Water
Act
(
CWA)
provides
States
with
the
opportunity
to
apply
to
EPA
for
a
complete
prohibition
of
vessel
sewage
26
(
treated
and
untreated)
in
all
or
some
of
a
State's
waters.
The
area
designated
as
no
discharge,
if
approved
by
EPA,
is
called
a
NDZ.
EPA
has
delegated
its
authority
to
establish
NDZs
under
§
§
312(
f)(
3),
(
f)(
4)(
A),
and
(
f)(
4)(
B)
to
EPA
Regional
Administrators
(
Administrator).
There
are
3
parts
of
CWA
§
312
that
are
related
to
the
establishment
of
NDZs.
They
are:

§
312(
f)(
3).
After
the
effective
date
of
the
initial
standards
and
regulations
promulgated
under
this
section,
if
any
State
determines
that
the
protection
and
enhancement
of
the
quality
of
some
or
all
of
the
waters
within
such
States
require
greater
environmental
protection,
such
State
may
completely
prohibit
the
discharge
from
all
vessels
of
any
sewage,
whether
treated
or
not,
into
such
waters,
except
that
no
such
prohibition
shall
apply
until
the
Administrator
determines
that
adequate
facilities
for
the
safe
and
sanitary
removal
and
treatment
of
sewage
from
all
vessels
are
reasonably
available
for
such
water
to
which
such
prohibition
would
apply.
Upon
application
of
the
State,
the
Administrator
shall
make
such
determination
within
90
days
of
the
date
of
such
application.

§
312(
f)(
4)(
A).
If
the
Administrator
determines
upon
application
by
a
State
that
the
protection
and
enhancement
of
the
quality
of
specified
waters
within
such
State
require
such
a
prohibition,
the
Administrator
shall
by
regulation
completely
prohibit
the
discharge
from
a
vessel
of
any
sewage
(
whether
treated
or
not)
into
such
waters.

§
312(
f)(
4)(
B).
Upon
application
by
a
State,
the
Administrator
shall,
by
regulation,
establish
a
drinking
water
intake
zone
in
any
waters
within
such
State
and
prohibit
the
discharge
of
sewage
from
vessels
within
that
zone.

Most
States
which
have
designated
and
gained
approval
of
NDZs
have
done
so
under
§
312(
f)(
3).

This
method
requires
the
State
to
demonstrate
a
need
for
the
discharge
prohibition
and
the
existence
of
adequate
sanitary
waste
reception
facilities
(
i.
e.,
pumpout
facilities).
The
other
two
methods
under
CWA
§
312(
f)
typically
have
fewer
conditions
to
meet
because
the
proposed
NDZ
is
an
area
of
particular
environmental
importance
[
§
312(
f)(
4)(
A)]
or
is
a
proposed
drinking
water
intake
zone
[
§
312(
f)(
4)(
B)].
The
relevant
regulations
promulgated
under
CWA
§
312
are
described
in
the
following
section.

2)
Regulatory
Authority:
CWA
§
312(
f)
authorizes
the
EPA
to
develop
regulations
on
the
standard
of
performance
for
marine
sanitation
devices
(
MSDs)
(
see
40
CFR
Part
140.3).
The
standard
only
applies
to
vessels
equipped
with
installed
toilets.
The
first
part
of
the
standard
applies
to
vessels
traveling
on
waters
which
are
land­
locked
and
do
not
have
interstate
traffic.

MSDs
on
these
vessels
must
be
designed
and
operated
so
that
no
discharge
of
sewage,
either
treated
or
untreated,
occurs.
The
second
part
of
the
standard
pertains
to
all
other
waters
and
provides
specific
effluent
levels
that
MSDs
must
meet.
27
As
provided
for
in
CWA
§
312,
the
EPA
regulations
also
provide
States
with
the
opportunity
to
apply
for
a
No­
discharge
Zone,
or
a
complete
prohibition
of
vessel
sewage
(
treated
and
untreated)

in
all
or
some
of
a
State's
waters.
The
regulations
are
found
at
40
CFR
140.4.

Under
40
CFR
140.4(
a),
the
Administrator
must
review
State
applications
for
prohibiting
the
discharge
of
vessel
sewage
into
waters
identified
by
the
State
and
must
determine
from
the
State
application
whether
there
are
adequate
and
reasonably
available
pumpout
facilities
for
such
waters
to
which
such
a
prohibition
would
apply.

Under
40
CFR
140.4(
b),
States
may
make
a
written
application
to
EPA
to
designate
an
NDZ
in
waters
which
are
of
particular
environmental
importance
(
e.
g.,
Boundary
Waters
Canoe
Area)

[
§
312(
f)(
4)(
A)].

Under
40
CFR
140.4(
c),
States
may
make
written
application
to
EPA
to
designate
an
NDZ
in
waters
which
are
used
for
drinking
purposes.

2(
b):
Practical
Utility/
Users
of
the
Data
The
State
environmental
agency
uses
the
information
collected
under
this
chapter
of
the
ICR
to
prepare
the
application
to
be
submitted
to
the
EPA
Regional
Administrator.
An
NDZ
application
is
submitted
by
a
State
environmental
agency
to
the
EPA
Regional
Administrator.
Depending
on
the
type
of
NDZ
sought
by
the
State,
EPA
uses
the
information
to
assist
the
State
NDZ
designation.
EPA
Headquarters
and
EPA
Regional
Offices
use
the
information
collected
under
this
ICR
to
carry
out
their
responsibilities
under
the
CWA
with
respect
to
reviewing
applications
for
proposed
NDZs
and
granting
approval
of
qualifying
NDZs.

(
1)
NDZ
Designation
Under
312(
f)(
3)
and
40
CFR
140(
a):
The
information
requested
from
the
State
will
be
used
by
EPA
to
make
the
determination
of
the
availability
of
pumpout
or
dump
stations
in
the
area
supporting
a
State's
potential
NDZ
for
vessel
sewage
designation.

(
2)
NDZ
Designation
Under
312(
f)(
4)(
A)
and
40
CFR
140(
b):
The
information
requested
by
EPA
from
the
State
will
be
used
by
EPA
to
designate
the
particular
waters
as
an
NDZ
for
vessel
sewage.
This
type
of
designation
is
sought
when
the
State
believes
and
EPA
certifies
that
the
waters
require
additional
protection
because
of
its
recreational,
economic,
ecological,
scientific
or
other
value.
28
(
3)
NDZ
Designation
Under
312(
f)(
4)(
B)
and
40
CFR
140(
c):
The
information
requested
by
EPA
from
the
State
will
be
used
by
EPA
to
designate
the
particular
waters
as
an
NDZ
for
vessel
sewage
because
the
waters
will
be
used
for
drinking
purposes.

SECTION
3:
Non­
duplication,
Public
Notice,
Consultations,
and
Other
Collection
Criteria
This
section
describes
EPA's
efforts
to
ensure
that
the
information
collected
for
the
establishment
of
NDZs
is
not
duplicative,
appropriate
consultations
have
occurred,
the
public
has
had
an
opportunity
to
comment
on
the
proposed
requirements,
and
other
collection
criteria.

3(
a):
Non­
duplication
No
similar
information
is
currently
available
in
the
form
required
for
EPA
to
make
a
decision
on
designating
waters
as
NDZs.
Each
application
for
a
NDZ
by
definition
needs
to
be
site­
specific.

NDZ
Designation
Under
40
CFR
140.4(
a)

If
a
State
applies
for
an
NDZ
under
40
CFR
140.4(
a),
EPA
is
responsible
for
determining
if
there
are
adequate
pumpout
and
dump
stations.
Upon
a
favorable
determination
by
EPA,
the
State
can
designate
its
waters
as
an
NDZ.
There
is
no
duplication
of
effort
in
the
NDZ
application
process.

NDZ
Designation
Under
40
CFR
140.4(
b)

If
a
State
applies
to
EPA
for
the
designation
of
its
waters
as
an
NDZ
under
40
CFR
140.4(
b)

because
of
the
environmental
or
economic
importance
of
the
waters,
EPA
can
designate
the
waters
as
an
NDZ
by
regulation.
There
is
no
duplication
of
effort
in
the
NDZ
application
process.

3)
NDZ
Designation
Under
40
CFR
140.4(
c)

If
a
State
applies
to
EPA
for
the
designation
of
its
waters
as
an
NDZ
under
40
CFR
140.4(
c)

because
of
the
waters
use
as
a
drinking
water
intake
zone,
EPA
can
designate
the
waters
as
an
NDZ
by
regulation.
There
is
no
duplication
of
effort
in
the
NDZ
application
process.

The
application
can
be
prepared
using
existing
sources.
EPA
has
developed
a
guidance
document
to
help
States
prepare
their
NDZ
for
vessel
sewage
applications,
and
it
includes
suggestions
on
where
to
find
the
information
required.
The
document
is
titled
"
Protecting
Coastal
Waters
from
Vessel
and
Marina
Discharges:
A
Guide
for
State
and
Local
Officials"
(
EPA
842­
B­
94­
004).
29
Only
when
secondary
sources
of
information
have
been
exhausted
will
primary
data
collection
be
required.

3(
b):
Public
Notice
Required
Prior
to
ICR
Submission
to
OMB
This
proposed
ICR
was
announced
in
the
Federal
Register
on
EPA
did
not
receive
any
comments
on
this
notice.

3(
c):
Consultations
Three
representative
of
State
environmental
offices
were
contacted,
during
August
and
September
of
2004,
and
asked
to
provide
oral
comments
on
EPA's
burden
estimate
(
see
section
6(
e)):
Todd
Callaghan
(
MA
Department
of
Environmental
Protection,
617­
626­
1233);
Sally
Knowles
(
SC
Department
of
Health
and
Environmental
Control,
803­
898­
4175);
and
Alicia
Carlson
(
NH
Department
of
Environmental
Services,
603­
271­
0698).
All
three
representative
believe
that
the
estimate
is
reasonable.

3(
d):
Effects
of
Less
Frequent
Collection
The
information
collection
requirements
related
to
the
NDZ
application
process
are
submitted
on
a
one­
time
basis.
Reductions
below
this
level
are
not
feasible.

3(
e):
General
Guidelines
The
information
collection
activities
discussed
in
this
chapter
of
the
ICR
are
fully
consistent
with
all
guidelines
in
5
CFR
1320.5(
d)(
2).

3(
f):
Confidentiality
The
information
collection
activities
discussed
in
this
chapter
of
the
ICR
do
not
require
the
submission
of
any
confidential
information.

3(
g):
Sensitive
Questions
30
The
information
collection
activities
discussed
in
this
chapter
of
the
ICR
do
not
require
the
submission
of
any
sensitive
information.

SECTION
4:
The
Respondents
and
the
Information
Requested
This
section
provides
a
description
of
the
information
collection
requirements
affiliated
with
the
NDZ
for
vessel
sewage
application
process.
Although
the
three
types
of
NDZ
applications
under
40
CFR
140.4
(
a­
c)
have
different
information
collection
requirements,
the
application
development
and
submittal
process
is
the
same.

4(
a):
Respondents/
SIC
Codes
Under
Section
312(
f)(
3)
and
(
f)(
4)(
A)
and
(
B)
of
the
CWA,
States
have
the
authority
to
designate
an
NDZ
for
vessel
sewage
with
EPA's
concurrence
or
have
EPA
designate
portions
of
their
waters
as
an
NDZ
for
vessel
sewage.
State
Governments
(
SIC
code
9511,
NAICS
code
924110)

are
the
only
respondents
to
the
data
collection
activities
described
in
this
chapter
of
the
ICR.

4(
b):
Information
Requested
NDZ
Designation
Under
40
CFR
140.4(
a)

(
I)
Data
Items
There
are
seven
application
and
information
requirements
listed
in
40
CFR
§
140.4(
a).
The
information
required
includes:

8.
A
certification
that
the
protection
and
enhancement
of
the
waters
described
in
the
petition
require
greater
environmental
protection
than
the
applicable
Federal
standard;
2.
A
map
showing
the
location
of
commercial
and
recreational
pumpout
facilities;
3.
A
description
of
the
location
of
pumpout
facilities
within
waters
designated
for
no
discharge;
4.
The
general
schedule
of
operating
hours
of
the
pumpout
facilities;
5.
The
drought
requirements
on
vessels
that
may
be
excluded
because
of
insufficient
water
depth
adjacent
to
the
facility;
6.
Information
indicating
that
treatment
of
wastes
from
such
pumpout
facilities
is
in
conformance
with
Federal
law;
and
7.
Information
on
vessel
population
and
vessel
usage
of
the
subject
waters.
31
(
ii)
Respondent
Activities
1.
An
NDZ
application
under
40
CFR
140.4(
a)
is
prepared
by
the
State
environmental
agency.

2.
The
State
environmental
agency,
in
turn,
submits
the
application
to
the
EPA
Regional
office
for
approval
of
an
NDZ
designation.

3.
This
approval
involves
the
determination
of
available
pumpout
and
dump
stations.

4.
Upon
a
finding
of
adequate
or
inadequate
pumpout
and/
or
dump
stations
availability,
EPA
issues
a
Notice
of
Determination
stating
such.

5.
A
State
then
may
designate
the
particular
waters
as
an
NDZ
depending
on
EPA's
finding.

6.
The
application
development
process
includes
seven
types
of
information
collection
activities
(
listed
above).

NDZ
Designation
Under
40
CFR
140.4
(
b)

If
a
State
applies
to
EPA
for
the
designation
of
its
waters
as
an
NDZ
under
40
CFR
140.4(
b)

because
of
the
environmental,
scientific,
recreational,
or
economic
importance
of
the
waters,
EPA
can
designate
the
waters
as
an
NDZ
by
regulation.

(
I)
Data
Items
The
regulations
at
40
CFR
140.4(
b)
require
the
following
information
to
be
submitted
for
the
establishment
of
an
NDZ
for
waters
of
particular
environmental
importance:

1.
Specification
of
the
waters
or
portions
thereof
for
which
a
complete
prohibition
is
desired;

2.
Identification
of
water
recreational
areas;

3.
Identification
of
aquatic
sanctuaries;

4.
Identification
of
identifiable
fish­
spawning
and
nursery
areas;

5.
Identification
of
areas
of
intensive
boating
activities;
and
6.
A
map
of
the
waters
to
be
designated
as
an
NDZ.

(
ii)
Respondent
Activities
1.
An
application
submitted
under
40
CFR
140.4(
b)
is
prepared
by
the
State
environmental
agency.

2.
The
State
environmental
agency,
in
turn,
submits
the
application
to
EPA
for
designation
of
an
NDZ.

3.
The
application
development
process
includes
five
types
of
information
collection
activities.
32
4.
EPA,
after
evaluation
of
the
application,
can
designate
by
regulation
an
NDZ
for
the
particular
waters.

5.
EPA
can
modify
the
size
of
the
NDZ
at
its
discretion.

NDZ
Designation
under
40
CFR
140.4(
c)

If
a
State
applies
to
EPA
for
the
designation
of
its
waters
as
an
NDZ
under
40
CFR
140.4(
c)

because
of
the
waters
use
as
a
drinking
water
intake
zone,
EPA
can
designate
the
waters
as
an
NDZ
by
regulation.

(
I)
Data
Items
According
to
40
CFR
140.4(
c),
to
establish
an
NDZ
under
these
provisions,
the
following
information
is
required
in
the
application:

1.
Specification
and
description
of
the
location
of
the
drinking
water
supply
intake(
s)

and
the
community
served
by
the
intakes;

2.
Specification
and
description
of
the
waters
for
which
a
complete
prohibition
is
desired;

3.
A
map
of
the
waters
to
be
designated
as
a
drinking
water
intake
zone;
and
4.
A
statement
justifying
the
size
of
the
requested
drinking
water
intake
zone.

(
ii)
Respondent
Activities
7.
An
application
submitted
under
40
CFR
140.4(
c)
is
prepared
by
the
State
environmental
agency.

8.
The
State
environmental
agency,
in
turn,
submits
the
application
to
the
EPA
Regional
office
for
approval
of
a
NDZ
designation.

9.
The
application
development
process
includes
four
types
of
information
collection
activities.

10.
EPA,
after
evaluation
of
the
application,
can
designate
by
regulation
an
NDZ
for
the
particular
waters.

11.
EPA
can
modify
the
size
of
the
NDZ
at
its
own
discretion.

SECTION
5:
The
Information
Collected
 
Agency
Activities,
Collection
Methodology,
and
Information
Management
This
section
describes
Agency
activities
involved
in
implementing
the
process
for
the
NDZ
for
vessel
sewage
designations.
33
5(
a):
Agency
Activities
NDZ
Designation
under
40
CFR
140.4(
a)

Agency
activities
associated
with
a
request
by
a
State
to
establish
an
NDZ
for
vessel
sewage
under
40
CFR
140.4(
a)
consist
of
the
following:

1.
Clarify
any
questions
from
State
applicants;

2.
Review
the
information
in
the
request
and
determine
whether:
adequate
facilities
for
the
safe
and
sanitary
removal
of
the
discharges
are
reasonably
available
for
the
waters
to
which
the
prohibition
would
apply;

3.
Notify
the
State
in
writing
of
the
above
determinations
including
a
Federal
Register
Notice
of
Determination;
and
4.
Copy,
store,
file,
and
maintain
the
State's
request
and
EPA's
response
letter.

NDZ
Designation
Under
40
CFR
140.4
(
b)

Agency
activities
associated
with
a
request
by
a
State
to
establish
an
NDZ
for
vessel
sewage
under
40
CFR
140.4
(
b)
consist
of
the
following:

1.
Clarify
any
questions
from
State
applicants;

2.
Review
the
information
in
the
request
and
determine
whether:
the
water
for
which
the
prohibition
would
apply
are
of
environmental
importance;

3.
Notify
the
State
in
writing
of
the
above
determinations;

4.
Prepare
the
regulation
for
the
NDZ
designation;

5.
Copy,
store,
file,
and
maintain
the
State's
request
and
EPA's
response
letter.

NDZ
Designation
under
40
CFR
140.4(
c)

Agency
activities
associated
with
a
request
by
a
State
to
establish
an
NDZ
for
vessel
sewage
under
40
CFR
140.4(
c)
consist
of
the
following:

1.
Clarify
any
questions
from
State
applicants;

2.
Review
the
information
in
the
request
and
determine
whether:
the
water
for
which
the
prohibition
would
apply
are
suitable
for
drinking
purposes;

3.
Notify
the
State
in
writing
of
the
above
determinations;

4.
Prepare
the
regulation
for
the
NDZ
designation;

5.
Copy,
store,
file,
and
maintain
the
State's
request
and
EPA's
response
letter.

5(
b):
Collection
Methodology
and
Management
34
The
information
collection
associated
with
this
chapter
of
the
ICR
will
be
given
to
EPA
by
States
in
the
form
of
a
request
letter
and/
or
application.
EPA
will
ensure
the
accuracy
and
completeness
of
this
information
by
reviewing
each
submittal.
This
information
will
be
made
available
to
the
public
when
necessary
for
rulemaking
through
the
Federal
Register.

5(
c):
Small
Entity
Flexibility
The
only
respondents
to
the
activities
described
in
this
chapter
of
the
ICR
are
States.
Therefore,

there
are
no
small
entities
affected.

5(
d):
Collection
Schedule
NDZ
Designation
Under
40
CFR
140.4(
a)

NDZ
designations
under
this
provision
have
been
established
significantly
more
frequently
than
under
the
other
two
provisions.
EPA
has
to
determine
if
there
are
adequate
pumpout
facilities
available.
The
designation
does
not
require
any
additional
information
collection
other
than
the
one­
time
application.

NDZ
Designation
Under
40
CFR
140.4(
b)

There
are
few
NDZs
designated
under
this
provision.
A
State
applies
for
the
NDZ
and
EPA
determines
if
such
an
NDZ
is
warranted
based
on
the
environmental
importance
of
the
waters.

Upon
a
favorable
determination,
EPA
establishes
the
NDZ
by
regulation.
The
designation
does
not
require
any
additional
information
collection
other
than
the
one­
time
application.

NDZ
Designation
Under
40
CFR
140.4(
c)

There
are
few
NDZs
designated
under
this
provision.
A
State
applies
for
the
NDZ
and
EPA
determines
if
the
waters
are
for
drinking
purposes
and
the
size
of
the
NDZ.
Upon
a
favorable
determination,
EPA
establishes
the
NDZ
by
regulation.
NDZs
established
under
this
provision
(
like
those
established
under
the
other
provisions)
does
not
require
any
additional
information
collection
other
than
the
one­
time
application.

SECTION
6:
Estimating
the
Burden
and
Cost
of
the
Collection
Burden
and
Costs
associated
with
the
information
collection
activities
described
in
this
chapter
are
35
in
Tables
9­
16
at
the
end
of
this
section.
The
text
below
explains
how
the
burden
and
costs
estimates
were
derived.

6(
a):
Estimating
Respondent
burden
Respondent
labor
burden
hours
listed
in
Tables
9,
11,
and
13
were
based
on
EPA's
experience
in
assisting
States
in
establishing
NDZs
for
vessel
sewage
in
their
waters.
These
burden
hours
were
also
derived
using
information
collection
activities
gathered
for
previous
ICRs
that
have
similar
information
collection
activities.
The
level­
of­
effort
estimates
presented
for
these
tables
were
reviewed
by
EPA's
staff
and
managers
all
of
whom
have
experience
in
assessing
information
collection
work
similar
to
that
described
in
this
chapter
of
the
ICR.

Burden
hours
by
task
for
each
of
the
three
application
types
were
estimated
based
on
the
amount
of
time
needed
to
complete
the
"
model"
application
in
the
guidance
document,
and
estimates
of
the
time
needed
to
complete
the
previously
submitted
applications
reviewed
as
part
of
the
development
of
the
ICR.
Each
application
is
assumed
to
be
reviewed
twice
by
the
State
government
and
by
EPA.
In
other
words,
EPA
is
assumed
to
request
additional
information
or
to
deny
the
application,
thus
triggering
a
second
round
of
review.
This
is
a
conservative
estimate
and
likely
overstates
the
associated
costs.

Listed
below
are
some
of
the
major
activities
associated
with
the
designation
of
NDZ
for
vessel
sewage
described
in
this
chapter
of
the
ICR
for
which
burden
hours
have
been
categorized:

°
The
application
preparation
process
includes
the
following
type
of
personnel
by
stage
of
the
process
1.
Read
regulation
and
review
guidance
document:
management
and
technical
2.
Information
gathering:
technical
3.
Preparing
application:
management,
technical,
and
clerical
°
The
application
review
process
includes
management
and
technical
personnel.

°
Information
storage
involves
clerical
time
for
State
personnel.

NDZ
Designation
Under
40
CFR
140.4(
a)

Applications
are
submitted
to
EPA
by
States.
Based
on
EPA
forecasts,
eight
applications
per
year
were
assumed.
The
average
application
was
assumed
to
be
about
15
pages
in
length.
This
is
based
on
the
average
number
of
pages
in
previously
submitted
applications
and
assumes
some
optional
information
is
provided
in
the
application
36
NDZ
Designation
Under
40
CFR
140.4(
b)

Applications
are
submitted
to
EPA
by
States.
Based
on
past
experience,
EPA
estimates
that
one
application
will
be
received
every
3
years.
The
average
application
was
assumed
to
be
about
50
pages
in
length.
This
is
based
on
the
number
of
pages
in
a
previously
submitted
application
which
provides
the
information
required
for
this
type
of
NDZ
application.

NDZ
Designation
Under
40
CFR
140.4(
c)

Applications
are
also
submitted
to
EPA
by
States.
EPA
estimates
that
there
will
be
one
application
each
year.
The
application
was
assumed
to
be
about
15
pages
in
length.
This
is
based
on
the
type
of
information
requested
and
examples
of
this
information
included
in
previously
submitted
NDZ
applications.

6(
b):
Estimating
Respondent
Costs
(
I)
Estimating
Labor
Costs
All
labor
cost­
rate
data
used
in
Tables
9,
11,
and
13
were
obtained
from
the
U.
S.
Bureau
of
Labor
Statistics
(
BLS)
Compensation
Cost
Trends
homepage
(
http://
www.
bls.
gov/
ncs/
ect/).
The
BLS
homepage
has
a
variety
of
links
to
publications
and
reports
related
to
labor
costs
by
category.

The
BLS
report
used
in
this
ICR
was
titled
Employer
Costs
for
Employee
Compensation,

available
on­
line
at:
ftp://
ftp.
bls.
gov/
pub/
news.
release/
ecec.
txt.

Table
4
of
the
BLS
report
(
http://
stats.
bls.
gov/
news.
release/
ecec.
t04.
htm)
contains
employee
compensation
data
for
State
and
Local
Government
Employers.
The
labor
rates
for
respondent
management,
technical,
and
clerical
personnel
in
Tables
9,
11,
and
13
of
the
ICR
were
obtained
from
the
"
White­
Collar
Occupations"
category.

BLS
Report
(
Table
4)

White­
Collar
Job
Classification
Titles
ICR
Respondent
Job
Classification
Titles
Used
in
ICR
Tables
9,
11,
and13
Corresponding
Labor
Compensation
(
hourly
rate)

from
BLS
Report
Executive,
administrative,
and
managerial
Management
$
41.63
Professional
specialty
and
technical
Technical
$
41.36
37
Administrative
support
including
clerical
Clerical
$
23.31
The
above
labor
rate
data
are
"
fully
burdened"
and
include
wages/
salaries
and
benefits.
The
BLS
report
provides
a
breakdown
of
benefit
costs,
which
includes
paid
leave,
supplemental
pay,

insurance,
retirement,
and
legally
required
benefit.
Only
fully
burdened
BLS
labor
cost
data
(
i.
e.,

total
compensation)
are
used
in
the
analysis
described
in
this
chapter
of
the
ICR.

The
unit
costs
were
multiplied
by
the
appropriate
units
of
activity
(
e.
g.,
burden
hours)
to
estimate
costs
per
application
for
States
seeking
an
NDZ
for
vessel
sewage.
Annualized
costs
were
based
on
the
number
of
applications
expected
per
year.

(
ii)
Estimating
Capital
and
Operations
and
Maintenance
(
O&
M)
Costs
There
are
no
predicted
respondent
capital
or
start­
up
costs
associated
with
the
activities
described
in
this
chapter
of
the
ICR.

Nonlabor
O&
M
includes
only
costs
for
photocopying,
postage,
telephone
charges,
and
similar
expenses.
Item
1b
of
ICR
Tables
9,
11,
and
13,
Clarify
Questions
with
EPA,
is
assumed
to
be
exclusively
telephone
and
facsimile
machine
expenses.
Other
O&
M
expenses
listed
in
Tables
9,

11,
and
13
are
predominantly
photocopy,
postage,
and
related
paperwork
distribution
expenses.

6(
c):
Estimating
Agency
(
EPA)
Burden
and
Cost
Agency
Burden
EPA
labor
burden
hours
listed
in
Tables
10,
12,
and
14
are
primarily
based
on
EPA's
experience
in
dealing
with
States
in
establishing
NDZs
for
vessel
sewage.
Also
data
from
the
1995
ICR
addressing
NDZs
for
vessel
sewage
were
evaluated.
Where
necessary,
the
level­
of­
effort
determinations
and
cost
estimates
in
the
1995
ICR
were
adjusted
to
correspond
to
the
new
cost
information.
All
of
the
level­
of­
effort
estimations
presented
in
Tables
10,
12
and
14
have
been
reviewed
for
accuracy
and
reasonableness
by
EPA
staff
and
managers,
all
of
whom
have
had
considerable
project­
management
experience
doing
information­
collection
work
similar
to
that
required
by
40
CFR
140.4
(
a­
c).

Listed
below
are
some
of
the
major
activities
associated
with
the
designation
of
NDZ
for
vessel
sewage
described
in
this
chapter
of
the
ICR
for
which
burden
hours
have
been
categorized:
38
°
Questions
from
the
applicant's
technical
personnel
are
answered
by
EPA
technical
personnel.

°
The
application
review
process
includes
management
and
technical
personnel.

°
The
Federal
Register
Notice
process
includes
the
following
type
of
personnel:

management,
technical,
and
clerical.

°
Information
storage
involves
clerical
time
The
estimation
of
EPA's
burden
hours
depends
on
the
type
of
NDZ
for
vessel
sewage
that
the
State
is
seeking.

NDZ
Designation
Under
40
CFR
140.4(
a)

EPA
reviews
application
by
States
focusing
on
the
availability
of
pumpout
facilities.
Based
on
EPA
forecasts,
eight
applications
per
year
were
assumed.
The
average
application
was
assumed
to
be
about
15
pages
in
length.
EPA
discloses
its
determination
in
the
Federal
Register
by
Notice
of
Determination.

NDZ
Designation
Under
40
CFR
140.4(
b)

EPA
reviews
application
from
States
focusing
on
the
preservation
of
environmentally
important
habitats.
Based
on
past
experience,
EPA
estimates
that
one
application
will
be
received
every
3
years.
The
average
application
was
assumed
to
be
about
50
pages
in
length.
EPA
discloses
its
determination
in
the
Federal
Register
either
by
rule
or
by
Notice
of
Determination.

NDZ
Designation
Under
40
CFR
140.4(
c)

EPA
reviews
application
from
States
focusing
on
the
use
of
the
waters
for
drinking
purposes.

EPA
estimates
that
there
will
be
one
application
each
year.
The
application
was
assumed
to
be
about
15
pages
in
length.
EPA
discloses
its
determination
in
the
Federal
Register
either
by
rule
or
by
Notice
of
Determination.

Agency
Costs
Agency
labor
costs
data
associated
with
this
chapter
of
the
ICR
were
obtained
using
pay
scale
rates
for
GS­
9,
GS­
12,
and
GS­
14
employees.
The
2004
General
Schedule
Locality
Pay
Tables
can
be
found
at
http://
www.
opm.
gov/
oca/
04tables/
html/
dcb.
asp.
The
salary
scales
contained
in
the
table
were
effective
January
2004.

Step
1
of
the
GS
salaries
was
used
in
this
chapter
of
the
ICR
analysis.
The
annual
GS
salary
rates
39
were
converted
to
hourly
rates
according
to
instructions
in
Section
6(
c)
if
the
EPA
ICR
Handbook
(
12/
96
version).
Total
salaries
were
divided
by
2,080,
which
represent
the
average
number
of
hours
work
in
a
calendar
year,
and
then
multiplied
by
a
factor
of
1.6.
The
multiplier
represents
the
benefits
multiplication
factor.
The
result
is
the
true
hourly
cost
to
the
Federal
government
to
employ
a
Federal
worker
for
one
hour.
These
calculated
hourly
rates
are
used
in
Tables
10,
12,
and
14
of
the
ICR.

ICR
Agency
Job
Classification
Title
Used
in
ICR
Tables
4
­
6
January
2000
Annual
GS
Salary
(
Step
1)
Work
Hours
Per
Year
Factor
Benefits
Factor
Calculated
Hourly
Rate
Used
in
Tables
4
­
6
Clerical
GS­
9,
$
41,815
÷
2,080
×
1.6
$
32.17/
hr
Technical
GS­
12,
$
60,638
÷
2,080
×
1.6
$
46.64/
hr
Management
GS­
14,
$
85,210
÷
2,080
×
1.6
$
65.55/
hr
The
unit
costs
were
multiplied
by
the
appropriate
units
of
activity
(
e.
g.,
burden
hours)
to
estimate
costs
per
application
for
EPA.
Annualized
costs
were
based
on
the
number
of
applications
expected
per
year.

6(
d):
Bottom
Line
Burden
Hours
and
Cost
Tables
Total
estimated
burdens
of
associated
with
40
CFR
140.4(
a­
c)
to
the
State
Agency
respondents
and
to
EPA
are
summarized
in
Tables
15
and
16,
respectively.
The
data
contained
in
both
of
these
tables
are
transcribed
from
preceding
Tables
9
to
14.

6(
e):
Burden
Statement
The
annual
public
reporting
and
recordkeeping
burden
for
this
collection
of
information
is
estimated
to
average
134
hours
per
response.
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;

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.
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.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
part
9
and
48
CFR
chapter
15.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OW­
2004­
0030,
which
is
available
for
public
viewing
at
the
Water
Docket
in
the
EPA
Docket
Center
(
EPA/
DC),
EPA
West,
Room
B102,
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
Reading
Room
is
(
202)
566­
1744,
and
the
telephone
number
for
the
Water
Docket
is
(
202)
566­
2426.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
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
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,

DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
(
OW­
2004­

0030)
and
OMB
control
number
(
2040­
0187)
in
any
correspondence.
Table
9.
State
No­
Discharge
Zone
Applications
Under
40
CFR
140.4(
a)

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
41.63/
hr
Technical
$
41.36/
hr
Clerical
$
23.31/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
0.00
4.00
0.00
$
0
$
0
8
32
$
1,323.52
b.
Clarify
questions
with
EPA
0.00
1.00
0.00
$
0
$
50
8
8
$
730.88
2.
Gather
Information
$
0.00
a.
Certification
of
necessity
for
greater
environmental
protection
1.00
6.00
0.00
$
0
$
0
8
56
$
2,318.32
b.
Pumpout
facility
map
1.00
2.00
0.00
$
0
$
0
8
24
$
994.80
c.
Description
of
pumpout
facilities
1.00
1.00
0.00
$
0
$
0
8
16
$
663.92
d.
Schedule
of
operating
hours
of
pumpout
facilities
1.00
1.00
0.00
$
0
$
0
8
16
$
663.92
e.
Drought
requirements
and
water
depth
adjacent
to
pumpout
facilities
1.00
2.00
0.00
$
0
$
0
8
24
$
994.80
f.
Waste
disposal
methods
for
pumpout
facilities
1.00
2.00
0.00
$
0
$
0
8
24
$
994.80
g.
Vessel
population
and
vessel
usage
1.00
2.00
0.00
$
0
$
0
8
24
$
994.80
3.
Create
information
(
analyze
data
and
compile/
write
application
2.00
35.00
10.00
$
0
$
40
8
376
$
14,431.68
4.
Review
and
edit
information
for
accuracy
8.00
32.00
8.00
$
0
$
0
8
384
$
14,744.32
5.
Complete
paperwork
(
e.
g.
submittal
letter)
1.00
3.00
3.00
$
0
$
10
8
56
$
1,965.12
6.
Disclose
information
(
i.
e.
Federal
Register
notices)
0.00
0.00
0.00
$
0
$
0
8
0
$
0.00
7.
Copy,
store,
file,
and
maintain
information
0.00
0.00
3.00
$
0
$
50
8
24
$
959.44
Subtotal
(
hours
and
costs)
18
91
24
$
0
$
150
8
1064
$
41,780.32
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.
Table
10.
No­
Discharge
Zone
Application
Review
by
EPA
Under
40
CFR
140.4(
a)

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
65.55/
hr
Technical
$
46.64/
hr
Clerical
$
32.17/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
0.00
0.00
0.00
$
0
$
0
8
0
$
0.00
b.
Clarify
questions
with
EPA
0.00
0.00
0.00
$
0
$
0
8
0
$
0.00
2.
Gather
Information
0
$
0.00
a.
Certification
of
necessity
for
greater
environmental
protection
0.00
0.00
0.00
$
0
$
0
8
0
$
0.00
b.
pumpout
facility
map
0.00
0.00
0.00
$
0
$
0
8
0
$
0.00
c.
Description
of
pumpout
facilities
0.00
0.00
0.00
$
0
$
0
8
0
$
0.00
d.
Schedule
of
operating
hours
of
pumpout
facilities
0.00
0.00
0.00
$
0
$
0
8
0
$
0.00
e.
Drought
requirements
and
water
depth
adjacent
to
pumpout
facilities
0.00
0.00
0.00
$
0
$
0
8
0
$
0.00
f.
Waste
disposal
methods
for
pumpout
facilities
0.00
0.00
0.00
$
0
$
0
8
0
$
0.00
g.
vessel
population
and
vessel
usage
0.00
0.00
0.00
$
0
$
0
8
0
$
0.00
3.
Create
information
(
analyze
data
and
compile/
write
application
0.00
0.00
0.00
$
0
$
0
8
0
$
0.00
4.
Review
and
edit
information
for
accuracy
4.00
16.00
0.00
$
0
$
0
8
160
$
8,067.52
5.
Complete
paperwork
(
e.
g.
submittal
letter)
1.50
0.00
1.50
$
0
$
10
8
24
$
1,252.64
6.
Disclose
information
(
i.
e.
Federal
Register
notices)
1.00
4.00
2.00
$
0
$
0
8
56
$
2,531.60
7.
Copy,
store,
file,
and
maintain
information
0.00
0.00
1.50
$
0
$
50
8
12
$
786.04
Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
65.55/
hr
Technical
$
46.64/
hr
Clerical
$
32.17/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

Subtotal
(
hours
and
costs)
6.5
20
5
$
0
$
60
8
252
$
12,637.80
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.
Table
11.
State
No­
Discharge
Zone
Applications
Under
40
CFR
140.4(
b)

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
41.63/
hr
Technical
$
41.36/
hr
Clerical
$
23.31/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
1.00
5.50
0.00
$
0
$
0
.33
2.145
$
88.81
b.
Clarify
questions
with
EPA
0.00
1.00
0.00
$
0
$
50
.33
0.33
$
30.15
2.
Gather
Information
$
0.00
a.
Specification
of
the
waters
or
portions
thereof
for
which
a
complete
prohibition
is
desired
1.00
2.00
0.00
$
0
$
0
.33
0.99
$
41.04
b.
Identification
of
water
recreational
areas
1.00
2.00
0.00
$
0
$
0
.33
0.99
$
41.04
c.
Identification
of
aquatic
sanctuaries
1.00
2.00
0.00
$
0
$
0
.33
0.99
$
41.04
d.
Identification
of
identifiable
fish­

spawning
and
nursery
areas
1.00
2.00
0.00
$
0
$
0
.33
0.99
$
41.04
e.
Identification
of
areas
of
intensive
boating
activities
1.00
2.00
0.00
$
0
$
0
.33
0.99
$
41.04
g.
A
map
of
the
waters
to
be
designated
as
an
NDZ
1.00
2.00
0.00
$
0
$
0
.33
0.99
$
41.04
3.
Create
information
(
analyze
data
and
compile/
write
application
2.00
35.00
10.00
$
0
$
40
.33
15.51
$
595.31
4.
Review
and
edit
information
for
accuracy
8.00
32.00
8.00
$
0
$
0
.33
15.84
$
608.20
5.
Complete
paperwork
(
e.
g.
submittal
letter)
1.00
3.00
3.00
$
0
$
10
.33
2.31
$
81.06
6.
Disclose
information
(
i.
e.
Federal
Register
notices)
0.00
0.00
0.00
$
0
$
0
.33
0
$
0.00
7.
Copy,
store,
file,
and
maintain
information
0.00
0.00
1.50
$
0
$
50
.33
0.495
$
28.04
Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
41.63/
hr
Technical
$
41.36/
hr
Clerical
$
23.31/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

Subtotal
(
hours
and
costs)
18
88.5
22.5
$
0
$
150
.33
42.57
$
1,677.78
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.
Table
12.
No­
Discharge
Zone
Application
Review
by
EPA
Under
40
CFR
140.4(
b)

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
65.55/
hr
Technical
$
46.64/
hr
Clerical
$
32.17/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
1.00
2.00
0.00
$
0
$
0
.33
0.99
$
52.41
b.
Clarify
questions
with
EPA
0.00
0.00
0.00
$
0
$
0
.33
0
$
0.00
2.
Gather
Information
0
$
0.00
a.
Specification
of
the
waters
or
portions
thereof
for
which
a
complete
prohibition
is
desired
1.00
3.00
0.00
$
0
$
0
.33
1.32
$
67.81
b.
Identification
of
water
recreational
areas
1.00
2.00
0.00
$
0
$
0
.33
0.99
$
52.41
c.
Identification
of
aquatic
sanctuaries
1.00
3.00
0.00
$
0
$
0
.33
1.32
$
67.81
d.
Identification
of
identifiable
fish­

spawning
and
nursery
areas
1.00
2.00
0.00
$
0
$
0
.33
0.99
$
52.41
e.
Identification
of
areas
of
intensive
boating
activities
1.00
2.00
0.00
$
0
$
0
.33
0.99
$
52.41
f.
A
map
of
the
waters
to
be
designated
as
an
NDZ
1.00
2.00
0.00
$
0
$
0
.33
0.99
$
52.41
3.
Create
information
(
analyze
data
and
compile/
write
application
0.00
0.00
0.00
$
0
$
0
.33
0
$
0.00
4.
Review
and
edit
information
for
accuracy
1.00
4.00
2.00
$
0
$
0
.33
2.31
$
104.43
5.
Complete
paperwork
(
e.
g.
submittal
letter)
0.00
1.00
0.00
$
0
$
10
.33
0.33
$
18.69
6.
Disclose
information
(
i.
e.
Federal
Register
notices,
publish
regulation)
1.00
4.00
2.00
$
0
$
0
.33
2.31
$
104.43
7.
Copy,
store,
file,
and
maintain
information
0.00
0.00
1.50
$
0
$
50
.33
0.495
$
32.42
Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
65.55/
hr
Technical
$
46.64/
hr
Clerical
$
32.17/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

Subtotal
(
hours
and
costs)
9
25
5.5
$
0
$
60
.33
13.035
$
657.65
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.
Table
13.
State
No­
Discharge
Zone
Applications
Under
40
CFR
140.4(
c)

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
41.63/
hr
Technical
$
41.36/
hr
Clerical
$
23.31/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
2.00
16.00
0.00
$
0
$
0
1
18
$
745.02
b.
Clarify
questions
with
EPA
0.00
3.00
0.00
$
0
$
50
1
3
$
174.08
2.
Gather
Information
$
0.00
a.
Specification
of
the
waters
or
portions
thereof
for
which
a
complete
prohibition
is
desired
1.00
6.00
0.00
$
0
$
0
1
7
$
289.79
b.
Specification
and
description
of
the
location
of
the
drinking
water
supply
intake(
s)
and
the
community
served
by
the
intakes
1.00
3.00
0.00
$
0
$
0
1
4
$
165.71
c.
A
map
of
the
waters
to
be
designated
as
a
drinking
water
intake
zone
1.00
3.00
0.00
$
0
$
0
1
4
$
165.71
d.
A
statement
justifying
the
size
of
the
requested
drinking
water
intake
zone
1.00
2.00
0.00
$
0
$
0
1
3
$
124.35
3.
Create
information
(
analyze
data
and
compile/
write
application
2.00
35.00
10.00
$
0
$
40
1
47
$
1,803.96
4.
Review
and
edit
information
for
accuracy
8.00
32.00
8.00
$
0
$
10
1
48
$
1,853.04
5.
Complete
paperwork
(
e.
g.
submittal
letter)
1.00
3.00
3.00
$
0
$
0
1
7
$
235.64
6.
Disclose
information
(
i.
e.
Federal
Register
notices)
0.00
0.00
0.00
$
0
$
0
1
0
$
0.00
7.
Copy,
store,
file,
and
maintain
information
0.00
0.00
1.50
$
0
$
50
1
1.5
$
84.97
Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
41.63/
hr
Technical
$
41.36/
hr
Clerical
$
23.31/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

Subtotal
(
hours
and
costs)
17
103
22.5
$
0
$
150
1
142.5
$
5,642.27
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.
Table
14.
No­
Discharge
Zone
Application
Review
by
EPA
Under
40
CFR
140.4(
c)

Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
65.55/
hr
Technical
$
46.64/
hr
Clerical
$
32.17/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

1.
Request
Preparation
a.
Read
regulations;
review
guidance
document;
plan
strategy
1.00
2.00
0.00
$
0
$
0
1
3
$
158.83
b.
Clarify
questions
with
EPA
0.00
0.00
0.00
$
0
$
0
1
0
$
0.00
2.
Gather
Information
0
$
0.00
a.
Specification
and
description
of
the
waters
for
which
a
complete
prohibition
is
desired
1.00
3.00
0.00
$
0
$
0
1
4
$
205.47
b.
Specification
and
description
of
the
location
of
the
drinking
water
supply
intakes
and
the
community
served
by
the
intakes
1.00
2.00
0.00
$
0
$
0
1
3
$
158.83
c.
A
map
of
the
waters
to
be
designated
as
a
drinking
water
intake
zone
1.00
3.00
0.00
$
0
$
0
1
4
$
205.47
d.
A
statement
justifying
the
size
of
the
requested
drinking
water
intake
zone
1.00
2.00
0.00
$
0
$
0
1
3
$
158.83
3.
Create
information
(
analyze
data
and
compile/
write
application
0.00
0.00
0.00
$
0
$
0
1
0
$
0.00
4.
Review
and
edit
information
for
accuracy
1.00
3.00
0.00
$
0
$
0
1
4
$
205.47
5.
Complete
paperwork
(
e.
g.
submittal
letter)
1.00
3.00
0.00
$
0
$
10
1
4
$
215.47
6.
Disclose
information
(
i.
e.
Federal
Register
notices,
publish
regulation)
3.00
12.00
6.00
$
0
$
0
1
21
$
949.35
7.
Copy,
store,
file,
and
maintain
information
0.00
0.00
0.00
$
0
$
50
1
0
$
50.00
Information
Collection
Activity
Hours
and
Costs
Per
Respondent
Total
Hours
and
Costs
Per
Year
Mgmt.

$
65.55/
hr
Technical
$
46.64/
hr
Clerical
$
32.17/
hr
Capital/

Startup
Cost
($)
O
&
M
Cost
($)*
Number
Respon.

(
N
=
1)
Total
Hours/

Year
Total
Cost/

Year
($)

Subtotal
(
hours
and
costs)
10
30
6
$
0
$
60
1
46
$
2,307.72
*
O&
M
costs
include
photocopying,
postage,
telephone,
etc.

Table
15.
Total
Estimated
Respondent
(
State
Agency)
Burden
and
Cost
Summary
for
Establishing
NDZs
for
Vessel
Sewage
Number
of
Respondents
Number
of
Activities
Per
Year
Total
Number
of
Hours
Per
Year
Total
Labor
Cost
Per
Year
($)
Total
Annual
Capital
Costs
($)
Total
Annual
O&
M
Costs
($)

No­
discharge
Zone
Under
40
CFR
140.4(
a)
8
8
1064.00
$
40,580.32
$
0.00
$
1,200.00
No­
discharge
Zone
Under
40
CFR
140.4(
b)
1
0.33
43.00
$
1,657.78
$
0.00
$
50.00
No­
discharge
Zone
Under
40
CFR
140.4(
c)]
1
1
143.00
$
5,492.27
$
0.00
$
150.00
TOTAL
10
9.33
1250.00
$
47,730.37
$
0.00
$
1,400.00
Table
16.
Total
Estimated
Agency
(
EPA)
Burden
and
Cost
Summary
for
Establishing
NDZs
for
Vessel
Sewage
Number
of
Respondents
Number
of
Activities
Per
Year
Total
Number
of
Hours
Per
Year
Total
Labor
Cost
Per
Year
($)

No­
discharge
Zone
Under
40
CFR
140.4(
a)
8
8
252
$
12,637.80
No­
discharge
Zone
Under
40
CFR
140.4(
b)
1
0.33
13
$
657.65
No­
discharge
Zone
Under
40
CFR
140.4(
c)
1
1
46
$
2,307.72
TOTAL
10
9.33
311
$
15,603.17
Attachment
A
Summary
Table
for
Information
Collection
Under
CWA
Section
312
Total
CWA
Section
312
Estimated
Respondent
(
State
Agency)
Burden
and
Cost
Summary
Number
of
Respondents
Per
Year
Number
of
Activities
Per
Year
Total
Number
of
Hours
Per
Year
Total
Labor
Cost
Per
Year
($)
Total
Annual
Capital
Costs
($)
Total
Annual
O&
M
Costs
($)

TOTAL
16
15.33
2,207.5
$
85,019.35
$
0.00
$
2,300
*
This
data
is
taken
from
Tables
7
and
15
of
this
ICR
Total
CWA
Section
312
Estimated
Agency
(
EPA)
Burden
and
Cost
Summary
Number
of
Respondents
Per
Year
Number
of
Activities
Per
Year
Total
Number
of
Hours
Per
Year
Total
Labor
Cost
Per
Year
($)

TOTAL
16
15.33
484
$
24,375.41
*
This
data
is
taken
from
Tables
8
and
16
of
this
ICR
Attachment
B
40
CFR
1700
(
Uniform
National
Discharge
Standards
of
the
Armed
Forces)
§
1700.12
Petition
requirements.
A
petition
for
review
of
a
determination
or
standard
must
include:

(
a)
The
discharge
from
§
1700.4
or
§
1700.5
for
which
a
change
in
determination
is
requested,
or
the
performance
standard
from
§
1700.14
for
which
review
is
requested.

(
b)
The
scientific
and
technical
information
on
which
the
petition
is
based.

(
c)
A
detailed
explanation
of
why
the
State
believes
that
consideration
of
the
new
information
should
result
in
a
change
to
the
determination
or
the
standard
on
a
nationwide
basis,
and
an
explanation
of
how
the
new
information
is
relevant
to
one
or
more
of
the
following
factors:

(
1)
The
nature
of
the
discharge.

(
2)
The
environmental
effects
of
the
discharge.

(
3)
The
practicability
of
using
a
Marine
Pollution
Control
Device.

(
4)
The
effect
that
installation
or
use
of
the
Marine
Pollution
Control
Device
would
have
on
the
operation
or
operational
capability
of
the
vessel.

(
5)
Applicable
United
States
law.

(
6)
Applicable
international
standards.

(
7)
The
economic
costs
of
the
installation
and
use
of
the
Marine
Pollution
Control
Device.
Attachment
C
CWA
Section
312
(
Marine
Sanitation
Devices)
Sec.
1322.
­
Marine
sanitation
devices
(
a)
Definitions
For
the
purpose
of
this
section,
the
term
­

(
1)

''
new
vessel''
includes
every
description
of
watercraft
or
other
artificial
contrivance
used,
or
capable
of
being
used,
as
a
means
of
transportation
on
the
navigable
waters,
the
construction
of
which
is
initiated
after
promulgation
of
standards
and
regulations
under
this
section;

(
2)

''
existing
vessel''
includes
every
description
of
watercraft
or
other
artificial
contrivance
used,
or
capable
of
being
used,
as
a
means
of
transportation
on
the
navigable
waters,
the
construction
of
which
is
initiated
before
promulgation
of
standards
and
regulations
under
this
section;

(
3)

''
public
vessel''
means
a
vessel
owned
or
bareboat
chartered
and
operated
by
the
United
States,
by
a
State
or
political
subdivision
thereof,
or
by
a
foreign
nation,
except
when
such
vessel
is
engaged
in
commerce;

(
4)

''
United
States''
includes
the
States,
the
District
of
Columbia,
the
Commonwealth
of
Puerto
Rico,
the
Virgin
Islands,
Guam,
American
Samoa,
the
Canal
Zone,
and
the
Trust
Territory
of
the
Pacific
Islands;

(
5)

''
marine
sanitation
device''
includes
any
equipment
for
installation
on
board
a
vessel
which
is
designed
to
receive,
retain,
treat,
or
discharge
sewage,
and
any
process
to
treat
such
sewage;

(
6)

''
sewage''
means
human
body
wastes
and
the
wastes
from
toilets
and
other
receptacles
intended
to
receive
or
retain
body
wastes
except
that,
with
respect
to
commercial
vessels
on
the
Great
Lakes,
such
term
shall
include
graywater;

(
7)

''
manufacturer''
means
any
person
engaged
in
the
manufacturing,
assembling,
or
importation
of
marine
sanitation
devices
or
of
vessels
subject
to
standards
and
regulations
promulgated
under
this
section;

(
8)

''
person''
means
an
individual,
partnership,
firm,
corporation,
association,
or
agency
of
the
United
States,
but
does
not
include
an
individual
on
board
a
public
vessel;

(
9)

''
discharge''
includes,
but
is
not
limited
to,
any
spilling,
leaking,
pumping,
pouring,
emitting,
emptying
or
dumping;

(
10)

''
commercial
vessels''
means
those
vessels
used
in
the
business
of
transporting
property
for
compensation
or
hire,
or
in
transporting
property
in
the
business
of
the
owner,
lessee,
or
operator
of
the
vessel;

(
11)

''
graywater''
means
galley,
bath,
and
shower
water;

(
12)

''
discharge
incidental
to
the
normal
operation
of
a
vessel''
­

(
A)

means
a
discharge,
including
­

(
I)

graywater,
bilge
water,
cooling
water,
weather
deck
runoff,
ballast
water,
oil
water
separator
effluent,
and
any
other
pollutant
discharge
from
the
operation
of
a
marine
propulsion
system,
shipboard
maneuvering
system,
crew
habitability
system,
or
installed
major
equipment,
such
as
an
aircraft
carrier
elevator
or
a
catapult,
or
from
a
protective,
preservative,
or
absorptive
application
to
the
hull
of
the
vessel;
and
(
ii)

a
discharge
in
connection
with
the
testing,
maintenance,
and
repair
of
a
system
described
in
clause
(
I)
whenever
the
vessel
is
waterborne;
and
(
B)

does
not
include
­
(
I)

a
discharge
of
rubbish,
trash,
garbage,
or
other
such
material
discharged
overboard;

(
ii)

an
air
emission
resulting
from
the
operation
of
a
vessel
propulsion
system,
motor
driven
equipment,
or
incinerator;
or
(
iii)

a
discharge
that
is
not
covered
by
part
122.3
of
title
40,
Code
of
Federal
Regulations
(
as
in
effect
on
February
10,
1996);

(
13)

''
marine
pollution
control
device''
means
any
equipment
or
management
practice,
for
installation
or
use
on
board
a
vessel
of
the
Armed
Forces,
that
is
­

(
A)

designed
to
receive,
retain,
treat,
control,
or
discharge
a
discharge
incidental
to
the
normal
operation
of
a
vessel;
and
(
B)

determined
by
the
Administrator
and
the
Secretary
of
Defense
to
be
the
most
effective
equipment
or
management
practice
to
reduce
the
environmental
impacts
of
the
discharge
consistent
with
the
considerations
set
forth
in
subsection
(
n)(
2)(
B)
of
this
section;
and
(
14)

''
vessel
of
the
Armed
Forces''
means
­

(
A)

any
vessel
owned
or
operated
by
the
Department
of
Defense,
other
than
a
time
or
voyage
chartered
vessel;
and
(
B)

any
vessel
owned
or
operated
by
the
Department
of
Transportation
that
is
designated
by
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating
as
a
vessel
equivalent
to
a
vessel
described
in
subparagraph
(
A).

(
b)
Federal
standards
of
performance
(
1)

As
soon
as
possible,
after
October
18,
1972,
and
subject
to
the
provisions
of
section
1254(
j)
of
this
title,
the
Administrator,
after
consultation
with
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating,
after
giving
appropriate
consideration
to
the
economic
costs
involved,
and
within
the
limits
of
available
technology,
shall
promulgate
Federal
standards
of
performance
for
marine
sanitation
devices
(
hereafter
in
this
section
referred
to
as
''
standards'')
which
shall
be
designed
to
prevent
the
discharge
of
untreated
or
inadequately
treated
sewage
into
or
upon
the
navigable
waters
from
new
vessels
and
existing
vessels,
except
vessels
not
equipped
with
installed
toilet
facilities.
Such
standards
and
standards
established
under
subsection
(
c)(
1)(
B)
of
this
section
shall
be
consistent
with
maritime
safety
and
the
marine
and
navigation
laws
and
regulations
and
shall
be
coordinated
with
the
regulations
issued
under
this
subsection
by
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating.
The
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating
shall
promulgate
regulations,
which
are
consistent
with
standards
promulgated
under
this
subsection
and
subsection
(
c)
of
this
section
and
with
maritime
safety
and
the
marine
and
navigation
laws
and
regulations
governing
the
design,
construction,
installation,
and
operation
of
any
marine
sanitation
device
on
board
such
vessels.

(
2)

Any
existing
vessel
equipped
with
a
marine
sanitation
device
on
the
date
of
promulgation
of
initial
standards
and
regulations
under
this
section,
which
device
is
in
compliance
with
such
initial
standards
and
regulations,
shall
be
deemed
in
compliance
with
this
section
until
such
time
as
the
device
is
replaced
or
is
found
not
to
be
in
compliance
with
such
initial
standards
and
regulations.

(
c)
Initial
standards;
effective
dates;
revision;
waiver
(
1)

(
A)

Initial
standards
and
regulations
under
this
section
shall
become
effective
for
new
vessels
two
years
after
promulgation;
and
for
existing
vessels
five
years
after
promulgation.
Revisions
of
standards
and
regulations
shall
be
effective
upon
promulgation,
unless
another
effective
date
is
specified,
except
that
no
revision
shall
take
effect
before
the
effective
date
of
the
standard
or
regulation
being
revised.

(
B)

The
Administrator
shall,
with
respect
to
commercial
vessels
on
the
Great
Lakes,
establish
standards
which
require
at
a
minimum
the
equivalent
of
secondary
treatment
as
defined
under
section
1314(
d)
of
this
title.
Such
standards
and
regulations
shall
take
effect
for
existing
vessels
after
such
time
as
the
Administrator
determines
to
be
reasonable
for
the
upgrading
of
marine
sanitation
devices
to
attain
such
standard.

(
2)
The
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating
with
regard
to
his
regulatory
authority
established
by
this
section,
after
consultation
with
the
Administrator,
may
distinguish
among
classes,
type,
and
sizes
of
vessels
as
well
as
between
new
and
existing
vessels,
and
may
waive
applicability
of
standards
and
regulations
as
necessary
or
appropriate
for
such
classes,
types,
and
sizes
of
vessels
(
including
existing
vessels
equipped
with
marine
sanitation
devices
on
the
date
of
promulgation
of
the
initial
standards
required
by
this
section),
and,
upon
application,
for
individual
vessels.

(
d)
Vessels
owned
and
operated
by
the
United
States
The
provisions
of
this
section
and
the
standards
and
regulations
promulgated
hereunder
apply
to
vessels
owned
and
operated
by
the
United
States
unless
the
Secretary
of
Defense
finds
that
compliance
would
not
be
in
the
interest
of
national
security.
With
respect
to
vessels
owned
and
operated
by
the
Department
of
Defense,
regulations
under
the
last
sentence
of
subsection
(
b)(
1)
of
this
section
and
certifications
under
subsection
(
g)(
2)
of
this
section
shall
be
promulgated
and
issued
by
the
Secretary
of
Defense.

(
e)
Pre­
promulgation
consultation
Before
the
standards
and
regulations
under
this
section
are
promulgated,
the
Administrator
and
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating
shall
consult
with
the
Secretary
of
State;
the
Secretary
of
Health
and
Human
Services;
the
Secretary
of
Defense;
the
Secretary
of
the
Treasury;
the
Secretary
of
Commerce;
other
interested
Federal
agencies;
and
the
States
and
industries
interested;
and
otherwise
comply
with
the
requirements
of
section
553
of
title
5.

(
f)
Regulation
by
States
or
political
subdivisions
thereof;
complete
prohibition
upon
discharge
of
sewage
(
1)

(
A)

Except
as
provided
in
subparagraph
(
B),
after
the
effective
date
of
the
initial
standards
and
regulations
promulgated
under
this
section,
no
State
or
political
subdivision
thereof
shall
adopt
or
enforce
any
statute
or
regulation
of
such
State
or
political
subdivision
with
respect
to
the
design,
manufacture,
or
installation
or
use
of
any
marine
sanitation
device
on
any
vessel
subject
to
the
provisions
of
this
section.

(
B)

A
State
may
adopt
and
enforce
a
statute
or
regulation
with
respect
to
the
design,
manufacture,
or
installation
or
use
of
any
marine
sanitation
device
on
a
houseboat,
if
such
statute
or
regulation
is
more
stringent
than
the
standards
and
regulations
promulgated
under
this
section.
For
purposes
of
this
paragraph,
the
term
''
houseboat''
means
a
vessel
which,
for
a
period
of
time
determined
by
the
State
in
which
the
vessel
is
located,
is
used
primarily
as
a
residence
and
is
not
used
primarily
as
a
means
of
transportation.

(
2)

If,
after
promulgation
of
the
initial
standards
and
regulations
and
prior
to
their
effective
date,
a
vessel
is
equipped
with
a
marine
sanitation
device
in
compliance
with
such
standards
and
regulations
and
the
installation
and
operation
of
such
device
is
in
accordance
with
such
standards
and
regulations,
such
standards
and
regulations
shall,
for
the
purposes
of
paragraph
(
1)
of
this
subsection,
become
effective
with
respect
to
such
vessel
on
the
date
of
such
compliance.

(
3)

After
the
effective
date
of
the
initial
standards
and
regulations
promulgated
under
this
section,
if
any
State
determines
that
the
protection
and
enhancement
of
the
quality
of
some
or
all
of
the
waters
within
such
State
require
greater
environmental
protection,
such
State
may
completely
prohibit
the
discharge
from
all
vessels
of
any
sewage,
whether
treated
or
not,
into
such
waters,
except
that
no
such
prohibition
shall
apply
until
the
Administrator
determines
that
adequate
facilities
for
the
safe
and
sanitary
removal
and
treatment
of
sewage
from
all
vessels
are
reasonably
available
for
such
water
to
which
such
prohibition
would
apply.
Upon
application
of
the
State,
the
Administrator
shall
make
such
determination
within
90
days
of
the
date
of
such
application.

(
4)

(
A)

If
the
Administrator
determines
upon
application
by
a
State
that
the
protection
and
enhancement
of
the
quality
of
specified
waters
within
such
State
requires
such
a
prohibition,
he
shall
by
regulation
completely
prohibit
the
discharge
from
a
vessel
of
any
sewage
(
whether
treated
or
not)
into
such
waters.

(
B)

Upon
application
by
a
State,
the
Administrator
shall,
by
regulation,
establish
a
drinking
water
intake
zone
in
any
waters
within
such
State
and
prohibit
the
discharge
of
sewage
from
vessels
within
that
zone.

(
g)
Sales
limited
to
certified
devices;
certification
of
test
device;
recordkeeping;
reports
(
1)

No
manufacturer
of
a
marine
sanitation
device
shall
sell,
offer
for
sale,
or
introduce
or
deliver
for
introduction
in
interstate
commerce,
or
import
into
the
United
States
for
sale
or
resale
any
marine
sanitation
device
manufactured
after
the
effective
date
of
the
standards
and
regulations
promulgated
under
this
section
unless
such
device
is
in
all
material
respects
substantially
the
same
as
a
test
device
certified
under
this
subsection.

(
2)

Upon
application
of
the
manufacturer,
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating
shall
so
certify
a
marine
sanitation
device
if
he
determines,
in
accordance
with
the
provisions
of
this
paragraph,
that
it
meets
the
appropriate
standards
and
regulations
promulgated
under
this
section.
The
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating
shall
test
or
require
such
testing
of
the
device
in
accordance
with
procedures
set
forth
by
the
Administrator
as
to
standards
of
performance
and
for
such
other
purposes
as
may
be
appropriate.
If
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating
determines
that
the
device
is
satisfactory
from
the
standpoint
of
safety
and
any
other
requirements
of
maritime
law
or
regulation,
and
after
consideration
of
the
design,
installation,
operation,
material,
or
other
appropriate
factors,
he
shall
certify
the
device.
Any
device
manufactured
by
such
manufacturer
which
is
in
all
material
respects
substantially
the
same
as
the
certified
test
device
shall
be
deemed
to
be
in
conformity
with
the
appropriate
standards
and
regulations
established
under
this
section.

(
3)

Every
manufacturer
shall
establish
and
maintain
such
records,
make
such
reports,
and
provide
such
information
as
the
Administrator
or
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating
may
reasonably
require
to
enable
him
to
determine
whether
such
manufacturer
has
acted
or
is
acting
in
compliance
with
this
section
and
regulations
issued
thereunder
and
shall,
upon
request
of
an
officer
or
employee
duly
designated
by
the
Administrator
or
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating,
permit
such
officer
or
employee
at
reasonable
times
to
have
access
to
and
copy
such
records.
All
information
reported
to
or
otherwise
obtained
by
the
Administrator
or
the
Secretary
of
the
Department
in
which
the
Coast
Guard
is
operating
or
their
representatives
pursuant
to
this
subsection
which
contains
or
relates
to
a
trade
secret
or
other
matter
referred
to
in
section
1905
of
title
18
shall
be
considered
confidential
for
the
purpose
of
that
section,
except
that
such
information
may
be
disclosed
to
other
officers
or
employees
concerned
with
carrying
out
this
section.
This
paragraph
shall
not
apply
in
the
case
of
the
construction
of
a
vessel
by
an
individual
for
his
own
use.

(
h)
Sale
and
resale
of
properly
equipped
vessels;
operability
of
certified
marine
sanitation
devices
After
the
effective
date
of
standards
and
regulations
promulgated
under
this
section,
it
shall
be
unlawful
­

(
1)

for
the
manufacturer
of
any
vessel
subject
to
such
standards
and
regulations
to
manufacture
for
sale,
to
sell
or
offer
for
sale,
or
to
distribute
for
sale
or
resale
any
such
vessel
unless
it
is
equipped
with
a
marine
sanitation
device
which
is
in
all
material
respects
substantially
the
same
as
the
appropriate
test
device
certified
pursuant
to
this
section;

(
2)

for
any
person,
prior
to
the
sale
or
delivery
of
a
vessel
subject
to
such
standards
and
regulations
to
the
ultimate
purchaser,
wrongfully
to
remove
or
render
inoperative
any
certified
marine
sanitation
device
or
element
of
design
of
such
device
installed
in
such
vessel;

(
3)

for
any
person
to
fail
or
refuse
to
permit
access
to
or
copying
of
records
or
to
fail
to
make
reports
or
provide
information
required
under
this
section;
and
(
4)

for
a
vessel
subject
to
such
standards
and
regulations
to
operate
on
the
navigable
waters
of
the
United
States,
if
such
vessel
is
not
equipped
with
an
operable
marine
sanitation
device
certified
pursuant
to
this
section.

(
I)
Jurisdiction
to
restrain
violations;
contempts
The
district
courts
of
the
United
States
shall
have
jurisdictions
to
restrain
violations
of
subsection
(
g)(
1)
of
this
section
and
subsections
(
h)(
1)
through
(
3)
of
this
section.
Actions
to
restrain
such
violations
shall
be
brought
by,
and
in,
the
name
of
the
United
States.
In
case
of
contumacy
or
refusal
to
obey
a
subpena
served
upon
any
person
under
this
subsection,
the
district
court
of
the
United
States
for
any
district
in
which
such
person
is
found
or
resides
or
transacts
business,
upon
application
by
the
United
States
and
after
notice
to
such
person,
shall
have
jurisdiction
to
issue
an
order
requiring
such
person
to
appear
and
give
testimony
or
to
appear
and
produce
documents,
and
any
failure
to
obey
such
order
of
the
court
may
be
punished
by
such
court
as
a
contempt
thereof.

(
j)
Penalties
Any
person
who
violates
subsection
(
g)(
1)
of
this
section,
clause
(
1)
or
(
2)
of
subsection
(
h)
of
this
section,
or
subsection
(
n)(
8)
of
this
section
shall
be
liable
to
a
civil
penalty
of
not
more
than
$
5,000
for
each
violation.
Any
person
who
violates
clause
(
4)
of
subsection
(
h)
of
this
section
or
any
regulation
issued
pursuant
to
this
section
shall
be
liable
to
a
civil
penalty
of
not
more
than
$
2,000
for
each
violation.
Each
violation
shall
be
a
separate
offense.
The
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating
may
assess
and
compromise
any
such
penalty.
No
penalty
shall
be
assessed
until
the
person
charged
shall
have
been
given
notice
and
an
opportunity
for
a
hearing
on
such
charge.
In
determining
the
amount
of
the
penalty,
or
the
amount
agreed
upon
in
compromise,
the
gravity
of
the
violation,
and
the
demonstrated
good
faith
of
the
person
charged
in
attempting
to
achieve
rapid
compliance,
after
notification
of
a
violation,
shall
be
considered
by
said
Secretary.

(
k)
Enforcement
authority
The
provisions
of
this
section
shall
be
enforced
by
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating
and
he
may
utilize
by
agreement,
with
or
without
reimbursement,
law
enforcement
officers
or
other
personnel
and
facilities
of
the
Administrator,
other
Federal
agencies,
or
the
States
to
carry
out
the
provisions
of
this
section.
The
provisions
of
this
section
may
also
be
enforced
by
a
State.

(
l)
Boarding
and
inspection
of
vessels;
execution
of
warrants
and
other
process
Anyone
authorized
by
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating
to
enforce
the
provisions
of
this
section
may,
except
as
to
public
vessels,

(
1)

board
and
inspect
any
vessel
upon
the
navigable
waters
of
the
United
States
and
(
2)

execute
any
warrant
or
other
process
issued
by
an
officer
or
court
of
competent
jurisdiction.

(
m)
Enforcement
in
United
States
possessions
In
the
case
of
Guam
and
the
Trust
Territory
of
the
Pacific
Islands,
actions
arising
under
this
section
may
be
brought
in
the
district
court
of
Guam,
and
in
the
case
of
the
Virgin
Islands
such
actions
may
be
brought
in
the
district
court
of
the
Virgin
Islands.
In
the
case
of
American
Samoa
and
the
Trust
Territory
of
the
Pacific
Islands,
such
actions
may
be
brought
in
the
District
Court
of
the
United
States
for
the
District
of
Hawaii
and
such
court
shall
have
jurisdiction
of
such
actions.
In
the
case
of
the
Canal
Zone,
such
actions
may
be
brought
in
the
District
Court
for
the
District
of
the
Canal
Zone.

(
n)
Uniform
national
discharge
standards
for
vessels
of
Armed
Forces
(
1)
Applicability
This
subsection
shall
apply
to
vessels
of
the
Armed
Forces
and
discharges,
other
than
sewage,
incidental
to
the
normal
operation
of
a
vessel
of
the
Armed
Forces,
unless
the
Secretary
of
Defense
finds
that
compliance
with
this
subsection
would
not
be
in
the
national
security
interests
of
the
United
States.

(
2)
Determination
of
discharges
required
to
be
controlled
by
marine
pollution
control
devices
(
A)
In
general
The
Administrator
and
the
Secretary
of
Defense,
after
consultation
with
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating,
the
Secretary
of
Commerce,
and
interested
States,
shall
jointly
determine
the
discharges
incidental
to
the
normal
operation
of
a
vessel
of
the
Armed
Forces
for
which
it
is
reasonable
and
practicable
to
require
use
of
a
marine
pollution
control
device
to
mitigate
adverse
impacts
on
the
marine
environment.
Notwithstanding
subsection
(
a)(
1)
of
section
553
of
title
5,
the
Administrator
and
the
Secretary
of
Defense
shall
promulgate
the
determinations
in
accordance
with
such
section.
The
Secretary
of
Defense
shall
require
the
use
of
a
marine
pollution
control
device
on
board
a
vessel
of
the
Armed
Forces
in
any
case
in
which
it
is
determined
that
the
use
of
such
a
device
is
reasonable
and
practicable.

(
B)
Considerations
In
making
a
determination
under
subparagraph
(
A),
the
Administrator
and
the
Secretary
of
Defense
shall
take
into
consideration
­

(
i)

the
nature
of
the
discharge;

(
ii)

the
environmental
effects
of
the
discharge;

(
iii)

the
practicability
of
using
the
marine
pollution
control
device;

(
iv)

the
effect
that
installation
or
use
of
the
marine
pollution
control
device
would
have
on
the
operation
or
operational
capability
of
the
vessel;

(
v)

applicable
United
States
law;

(
vi)

applicable
international
standards;
and
(
vii)

the
economic
costs
of
the
installation
and
use
of
the
marine
pollution
control
device.

(
3)
Performance
standards
for
marine
pollution
control
devices
(
A)
In
general
For
each
discharge
for
which
a
marine
pollution
control
device
is
determined
to
be
required
under
paragraph
(
2),
the
Administrator
and
the
Secretary
of
Defense,
in
consultation
with
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating,
the
Secretary
of
State,
the
Secretary
of
Commerce,
other
interested
Federal
agencies,
and
interested
States,
shall
jointly
promulgate
Federal
standards
of
performance
for
each
marine
pollution
control
device
required
with
respect
to
the
discharge.
Notwithstanding
subsection
(
a)(
1)
of
section
553
of
title
5,
the
Administrator
and
the
Secretary
of
Defense
shall
promulgate
the
standards
in
accordance
with
such
section.

(
B)
Considerations
In
promulgating
standards
under
this
paragraph,
the
Administrator
and
the
Secretary
of
Defense
shall
take
into
consideration
the
matters
set
forth
in
paragraph
(
2)(
B).

(
C)
Classes,
types,
and
sizes
of
vessels
The
standards
promulgated
under
this
paragraph
may
­

(
i)

distinguish
among
classes,
types,
and
sizes
of
vessels;

(
ii)

distinguish
between
new
and
existing
vessels;
and
(
iii)

provide
for
a
waiver
of
the
applicability
of
the
standards
as
necessary
or
appropriate
to
a
particular
class,
type,
age,
or
size
of
vessel.

(
4)
Regulations
for
use
of
marine
pollution
control
devices
The
Secretary
of
Defense,
after
consultation
with
the
Administrator
and
the
Secretary
of
the
department
in
which
the
Coast
Guard
is
operating,
shall
promulgate
such
regulations
governing
the
design,
construction,
installation,
and
use
of
marine
pollution
control
devices
on
board
vessels
of
the
Armed
Forces
as
are
necessary
to
achieve
the
standards
promulgated
under
paragraph
(
3).

(
5)
Deadlines;
effective
date
(
A)
Determinations
The
Administrator
and
the
Secretary
of
Defense
shall
­

(
i)

make
the
initial
determinations
under
paragraph
(
2)
not
later
than
2
years
after
February
10,
1996;
and
(
ii)

every
5
years
­

(
I)

review
the
determinations;
and
(
II)

if
necessary,
revise
the
determinations
based
on
significant
new
information.

(
B)
Standards
The
Administrator
and
the
Secretary
of
Defense
shall
­

(
i)

promulgate
standards
of
performance
for
a
marine
pollution
control
device
under
paragraph
(
3)
not
later
than
2
years
after
the
date
of
a
determination
under
paragraph
(
2)
that
the
marine
pollution
control
device
is
required;
and
(
ii)
every
5
years
­

(
I)

review
the
standards;
and
(
II)

if
necessary,
revise
the
standards,
consistent
with
paragraph
(
3)(
B)
and
based
on
significant
new
information.

(
C)
Regulations
The
Secretary
of
Defense
shall
promulgate
regulations
with
respect
to
a
marine
pollution
control
device
under
paragraph
(
4)
as
soon
as
practicable
after
the
Administrator
and
the
Secretary
of
Defense
promulgate
standards
with
respect
to
the
device
under
paragraph
(
3),
but
not
later
than
1
year
after
the
Administrator
and
the
Secretary
of
Defense
promulgate
the
standards.
The
regulations
promulgated
by
the
Secretary
of
Defense
under
paragraph
(
4)
shall
become
effective
upon
promulgation
unless
another
effective
date
is
specified
in
the
regulations.

(
D)
Petition
for
review
The
Governor
of
any
State
may
submit
a
petition
requesting
that
the
Secretary
of
Defense
and
the
Administrator
review
a
determination
under
paragraph
(
2)
or
a
standard
under
paragraph
(
3),
if
there
is
significant
new
information,
not
considered
previously,
that
could
reasonably
result
in
a
change
to
the
particular
determination
or
standard
after
consideration
of
the
matters
set
forth
in
paragraph
(
2)(
B).
The
petition
shall
be
accompanied
by
the
scientific
and
technical
information
on
which
the
petition
is
based.
The
Administrator
and
the
Secretary
of
Defense
shall
grant
or
deny
the
petition
not
later
than
2
years
after
the
date
of
receipt
of
the
petition.

(
6)
Effect
on
other
laws
(
A)
Prohibition
on
regulation
by
States
or
political
subdivisions
of
States
Beginning
on
the
effective
date
of
­

(
i)

a
determination
under
paragraph
(
2)
that
it
is
not
reasonable
and
practicable
to
require
use
of
a
marine
pollution
control
device
regarding
a
particular
discharge
incidental
to
the
normal
operation
of
a
vessel
of
the
Armed
Forces;
or
(
ii)

regulations
promulgated
by
the
Secretary
of
Defense
under
paragraph
(
4);

except
as
provided
in
paragraph
(
7),
neither
a
State
nor
a
political
subdivision
of
a
State
may
adopt
or
enforce
any
statute
or
regulation
of
the
State
or
political
subdivision
with
respect
to
the
discharge
or
the
design,
construction,
installation,
or
use
of
any
marine
pollution
control
device
required
to
control
discharges
from
a
vessel
of
the
Armed
Forces.

(
B)
Federal
laws
This
subsection
shall
not
affect
the
application
of
section
1321
of
this
title
to
discharges
incidental
to
the
normal
operation
of
a
vessel.

(
7)
Establishment
of
State
no­
discharge
zones
(
A)
State
prohibition
(
i)
In
general
After
the
effective
date
of
­

(
I)

a
determination
under
paragraph
(
2)
that
it
is
not
reasonable
and
practicable
to
require
use
of
a
marine
pollution
control
device
regarding
a
particular
discharge
incidental
to
the
normal
operation
of
a
vessel
of
the
Armed
Forces;
or
(
II)

regulations
promulgated
by
the
Secretary
of
Defense
under
paragraph
(
4);
if
a
State
determines
that
the
protection
and
enhancement
of
the
quality
of
some
or
all
of
the
waters
within
the
State
require
greater
environmental
protection,
the
State
may
prohibit
1
or
more
discharges
incidental
to
the
normal
operation
of
a
vessel,
whether
treated
or
not
treated,
into
the
waters.
No
prohibition
shall
apply
until
the
Administrator
makes
the
determinations
described
in
subclauses
(
II)
and
(
III)
of
subparagraph
(
B)(
i).

(
ii)
Documentation
To
the
extent
that
a
prohibition
under
this
paragraph
would
apply
to
vessels
of
the
Armed
Forces
and
not
to
other
types
of
vessels,
the
State
shall
document
the
technical
or
environmental
basis
for
the
distinction.

(
B)
Prohibition
by
the
Administrator
(
i)
In
general
Upon
application
of
a
State,
the
Administrator
shall
by
regulation
prohibit
the
discharge
from
a
vessel
of
1
or
more
discharges
incidental
to
the
normal
operation
of
a
vessel,
whether
treated
or
not
treated,
into
the
waters
covered
by
the
application
if
the
Administrator
determines
that
­

(
I)

the
protection
and
enhancement
of
the
quality
of
the
specified
waters
within
the
State
require
a
prohibition
of
the
discharge
into
the
waters;

(
II)

adequate
facilities
for
the
safe
and
sanitary
removal
of
the
discharge
incidental
to
the
normal
operation
of
a
vessel
are
reasonably
available
for
the
waters
to
which
the
prohibition
would
apply;
and
(
III)

the
prohibition
will
not
have
the
effect
of
discriminating
against
a
vessel
of
the
Armed
Forces
by
reason
of
the
ownership
or
operation
by
the
Federal
Government,
or
the
military
function,
of
the
vessel.

(
ii)
Approval
or
disapproval
The
Administrator
shall
approve
or
disapprove
an
application
submitted
under
clause
(
i)
not
later
than
90
days
after
the
date
on
which
the
application
is
submitted
to
the
Administrator.
Notwithstanding
clause
(
i)(
II),
the
Administrator
shall
not
disapprove
an
application
for
the
sole
reason
that
there
are
not
adequate
facilities
to
remove
any
discharge
incidental
to
the
normal
operation
of
a
vessel
from
vessels
of
the
Armed
Forces.

(
C)
Applicability
to
foreign
flagged
vessels
A
prohibition
under
this
paragraph
­

(
i)

shall
not
impose
any
design,
construction,
manning,
or
equipment
standard
on
a
foreign
flagged
vessel
engaged
in
innocent
passage
unless
the
prohibition
implements
a
generally
accepted
international
rule
or
standard;
and
(
ii)

that
relates
to
the
prevention,
reduction,
and
control
of
pollution
shall
not
apply
to
a
foreign
flagged
vessel
engaged
in
transit
passage
unless
the
prohibition
implements
an
applicable
international
regulation
regarding
the
discharge
of
oil,
oily
waste,
or
any
other
noxious
substance
into
the
waters.

(
8)
Prohibition
relating
to
vessels
of
the
Armed
Forces
After
the
effective
date
of
the
regulations
promulgated
by
the
Secretary
of
Defense
under
paragraph
(
4),
it
shall
be
unlawful
for
any
vessel
of
the
Armed
Forces
subject
to
the
regulations
to
­

(
A)

operate
in
the
navigable
waters
of
the
United
States
or
the
waters
of
the
contiguous
zone,
if
the
vessel
is
not
equipped
with
any
required
marine
pollution
control
device
meeting
standards
established
under
this
subsection;
or
(
B)

discharge
overboard
any
discharge
incidental
to
the
normal
operation
of
a
vessel
in
waters
with
respect
to
which
a
prohibition
on
the
discharge
has
been
established
under
paragraph
(
7).

(
9)
Enforcement
This
subsection
shall
be
enforceable,
as
provided
in
subsections
(
j)
and
(
k)
of
this
section,
against
any
agency
of
the
United
States
responsible
for
vessels
of
the
Armed
Forces
notwithstanding
any
immunity
asserted
by
the
agency
Attachment
D
40
CFR
140
(
Marine
Sanitation
Device
Standard)
§
140.1
Definitions.

For
the
purpose
of
these
standards
the
following
definitions
shall
apply:

(
a)
Sewage
means
human
body
wastes
and
the
wastes
from
toilets
and
other
receptacles
intended
to
receive
or
retain
body
wastes;

(
b)
Discharge
includes,
but
is
not
limited
to,
any
spilling,
leaking,
pumping,
pouring,
emitting,
emptying,
or
dumping;

(
c)
Marine
sanitation
device
includes
any
equipment
for
installation
onboard
a
vessel
and
which
is
designed
to
receive,
retain,
treat,
or
discharge
sewage
and
any
process
to
treat
such
sewage;

(
d)
Vessel
includes
every
description
of
watercraft
or
other
artificial
contrivance
used,
or
capable
of
being
used,
as
a
means
of
transportation
on
waters
of
the
United
States;

(
e)
New
vessel
refers
to
any
vessel
on
which
construction
was
initiated
on
or
after
January
30,
1975;

(
f)
Existing
vessel
refers
to
any
vessel
on
which
construction
was
initiated
before
January
30,
1975;

(
g)
Fecal
coliform
bacteria
are
those
organisms
associated
with
the
intestines
of
warm­
blooded
animals
that
are
commonly
used
to
indicate
the
presence
of
fecal
material
and
the
potential
presence
of
organisms
capable
of
causing
human
disease.

§
140.2
Scope
of
standard.

The
standard
adopted
herein
applies
only
to
vessels
on
which
a
marine
sanitation
device
has
been
installed.
The
standard
does
not
require
the
installation
of
a
marine
sanitation
device
on
any
vessel
that
is
not
so
equipped.
The
standard
applies
to
vessels
owned
and
operated
by
the
United
States
unless
the
Secretary
of
Defense
finds
that
compliance
would
not
be
in
the
interest
of
national
security.

§
140.3
Standard.

(
a)
(
1)
In
freshwater
lakes,
freshwater
reservoirs
or
other
freshwater
impoundments
whose
inlets
or
outlets
are
such
as
to
prevent
the
ingress
or
egress
by
vessel
traffic
subject
to
this
regulation,
or
in
rivers
not
capable
of
navigation
by
interstate
vessel
traffic
subject
to
this
regulation,
marine
sanitation
devices
certified
by
the
U.
S.
Coast
Guard
(
see
33
CFR
part
159,
published
in
40
FR
4622,
January
30,
1975),
installed
on
all
vessels
shall
be
designed
and
operated
to
prevent
the
overboard
discharge
of
sewage,
treated
or
untreated,
or
of
any
waste
derived
from
sewage.
This
shall
not
be
construed
to
prohibit
the
carriage
of
Coast
Guard­
certified
flow­
through
treatment
devices
which
have
been
secured
so
as
to
prevent
such
discharges.

(
2)
In
all
other
waters,
Coast
Guard­
certified
marine
sanitation
devices
installed
on
all
vessels
shall
be
designed
and
operated
to
either
retain,
dispose
of,
or
discharge
sewage.
If
the
device
has
a
discharge,
subject
to
paragraph
(
d)
of
this
section,
the
effluent
shall
not
have
a
fecal
coliform
bacterial
count
of
greater
than
1,000
per
100
milliliters
nor
visible
floating
solids.
Waters
where
a
Coast
Guard­
certified
marine
sanitation
device
permitting
discharge
is
allowed
include
coastal
waters
and
estuaries,
the
Great
Lakes
and
inter­
connected
waterways,
fresh­
water
lakes
and
impoundments
accessible
through
locks,
and
other
flowing
waters
that
are
navigable
interstate
by
vessels
subject
to
this
regulation.

(
b)
This
standard
shall
become
effective
on
January
30,
1977
for
new
vessels
and
on
January
30,
1980
for
existing
vessels
(
or,
in
the
case
of
vessels
owned
and
operated
by
the
Department
of
Defense,
two
years
and
five
years,
for
new
and
existing
vessels,
respectively,
after
promulgation
of
implementing
regulations
by
the
Secretary
of
Defense
under
section
312(
d)
of
the
Act).

(
c)
Any
vessel
which
is
equipped
as
of
the
date
of
promulgation
of
this
regulation
with
a
Coast
Guard­
certified
flow­
through
marine
sanitation
device
meeting
the
requirements
of
paragraph
(
a)(
2)
of
this
section,
shall
not
be
required
to
comply
with
the
provisions
designed
to
prevent
the
overboard
discharge
of
sewage,
treated
or
untreated,
in
paragraph
(
a)(
1)
of
this
section,
for
the
operable
life
of
that
device.

(
d)
After
January
30,
1980,
subject
to
paragraphs
(
e)
and
(
f)
of
this
section,
marine
sanitation
devices
on
all
vessels
on
waters
that
are
not
subject
to
a
prohibition
of
the
overboard
discharge
of
sewage,
treated
or
untreated,
as
specified
in
paragraph
(
a)(
1)
of
this
section,
shall
be
designed
and
operated
to
either
retain,
dispose
of,
or
discharge
sewage,
and
shall
be
certified
by
the
U.
S.
Coast
Guard.
If
the
device
has
a
discharge,
the
effluent
shall
not
have
a
fecal
coliform
bacterial
count
of
greater
than
200
per
100
milliliters,
nor
suspended
solids
greater
than
150
mg/
1.

(
e)
Any
existing
vessel
on
waters
not
subject
to
a
prohibition
of
the
overboard
discharge
of
sewage
in
paragraph
(
a)(
1)
of
this
section,
and
which
is
equipped
with
a
certified
device
on
or
before
January
30,
1978,
shall
not
be
required
to
comply
with
paragraph
(
d)
of
this
section,
for
the
operable
life
of
that
device.

(
f)
Any
new
vessel
on
waters
not
subject
to
the
prohibition
of
the
overboard
discharge
of
sewage
in
paragraph
(
a)(
1)
of
this
section,
and
on
which
construction
is
initiated
before
January
31,
1980,
which
is
equipped
with
a
marine
sanitation
device
before
January
31,
1980,
certified
under
paragraph
(
a)(
2)
of
this
section,
shall
not
be
required
to
comply
with
paragraph
(
d)
of
this
section,
for
the
operable
life
of
that
device.

(
g)
The
degrees
of
treatment
described
in
paragraphs
(
a)
and
(
d)
of
this
section
are
"
appropriate
standards"
for
purposes
of
Coast
Guard
and
Department
of
Defense
certification
pursuant
to
section
312(
g)(
2)
of
the
Act.

[
41
FR
4453,
Jan.
29,
1976,
as
amended
at
60
FR
33932,
June
29,
1995]

§
140.4
Complete
prohibition.

(
a)
Prohibition
pursuant
to
CWA
section
312(
f)(
3):
a
State
may
completely
prohibit
the
discharge
from
all
vessels
of
any
sewage,
whether
treated
or
not,
into
some
or
all
of
the
waters
within
such
State
by
making
a
written
application
to
the
Administrator,
Environmental
Protection
Agency,
and
by
receiving
the
Administrator's
affirmative
determination
pursuant
to
section
312(
f)(
3)
of
the
Act.
Upon
receipt
of
an
application
under
section
312(
f)(
3)
of
the
Act,
the
Administrator
will
determine
within
90
days
whether
adequate
facilities
for
the
safe
and
sanitary
removal
and
treatment
of
sewage
from
all
vessels
using
such
waters
are
reasonably
available.
Applications
made
by
States
pursuant
to
section
312(
f)(
3)
of
the
Act
shall
include:

(
1)
A
certification
that
the
protection
and
enhancement
of
the
waters
described
in
the
petition
require
greater
environmental
protection
than
the
applicable
Federal
standard;

(
2)
A
map
showing
the
location
of
commercial
and
recreational
pump­
out
facilities;

(
3)
A
description
of
the
location
of
pump­
out
facilities
within
waters
designated
for
no
discharge;

(
4)
The
general
schedule
of
operating
hours
of
the
pump­
out
facilities;
(
5)
The
draught
requirements
on
vessels
that
may
be
excluded
because
of
insufficient
water
depth
adjacent
to
the
facility;

(
6)
Information
indicating
that
treatment
of
wastes
from
such
pump­
out
facilities
is
in
conformance
with
Federal
law;
and
(
7)
Information
on
vessel
population
and
vessel
usage
of
the
subject
waters.

(
b)
Prohibition
pursuant
to
CWA
section
312(
f)(
4)(
A):
a
State
may
make
a
written
application
to
the
Administrator,
Environmental
Protection
Agency,
under
section
312(
f)(
4)(
A)
of
the
Act,
for
the
issuance
of
a
regulation
completely
prohibiting
discharge
from
a
vessel
of
any
sewage,
whether
treated
or
not,
into
particular
waters
of
the
United
States
or
specified
portions
thereof,
which
waters
are
located
within
the
boundaries
of
such
State.
Such
application
shall
specify
with
particularly
the
waters,
or
portions
thereof,
for
which
a
complete
prohibition
is
desired.
The
application
shall
include
identification
of
water
recreational
areas,
drinking
water
intakes,
aquatic
sanctuaries,
identifiable
fish­
spawning
and
nursery
areas,
and
areas
of
intensive
boating
activities.
If,
on
the
basis
of
the
State's
application
and
any
other
information
available
to
him,
the
Administrator
is
unable
to
make
a
finding
that
the
waters
listed
in
the
application
require
a
complete
prohibition
of
any
discharge
in
the
waters
or
portions
thereof
covered
by
the
application,
he
shall
state
the
reasons
why
he
cannot
make
such
a
finding,
and
shall
deny
the
application.
If
the
Administrator
makes
a
finding
that
the
waters
listed
in
the
application
require
a
complete
prohibition
of
any
discharge
in
all
or
any
part
of
the
waters
or
portions
thereof
covered
by
the
State's
application,
he
shall
publish
notice
of
such
findings
together
with
a
notice
of
proposed
rule
making,
and
then
shall
proceed
in
accordance
with
5
U.
S.
C.
553.
If
the
Administrator's
finding
is
that
applicable
water
quality
standards
require
a
complete
prohibition
covering
a
more
restricted
or
more
expanded
area
than
that
applied
for
by
the
State,
he
shall
state
the
reasons
why
his
finding
differs
in
scope
from
that
requested
in
the
State's
application.

(
1)
For
the
following
waters
the
discharge
from
a
vessel
of
any
sewage
(
whether
treated
or
not)
is
completely
prohibited
pursuant
to
CWA
section
312(
f)(
4)(
A):

(
i)
Boundary
Waters
Canoe
Area,
formerly
designated
as
the
Superior,
Little
Indian
Sioux,
and
Caribou
Roadless
Areas,
in
the
Superior
National
Forest,
Minnesota,
as
described
in
16
U.
S.
C.
577
B
577d1.

(
ii)
Waters
of
the
State
of
Florida
within
the
boundaries
of
the
Florida
Keys
National
Marine
Sanctuary
as
delineated
on
a
map
of
the
Sanctuary
at
http://
www.
fknms.
nos.
noaa.
gov/.

(
c)(
1)
Prohibition
pursuant
to
CWA
section
312(
f)(
4)(
B):
A
State
may
make
written
application
to
the
Administrator
of
the
Environmental
Protection
Agency
under
section
312(
f)(
4)(
B)
of
the
Act
for
the
issuance
of
a
regulation
establishing
a
drinking
water
intake
no
discharge
zone
which
completely
prohibits
discharge
from
a
vessel
of
any
sewage,
whether
treated
or
untreated,
into
that
zone
in
particular
waters,
or
portions
thereof,
within
such
State.
Such
application
shall:

(
i)
Identify
and
describe
exactly
and
in
detail
the
location
of
the
drinking
water
supply
intake(
s)
and
the
community
served
by
the
intake(
s),
including
average
and
maximum
expected
amounts
of
inflow;

(
ii)
Specify
and
describe
exactly
and
in
detail,
the
waters,
or
portions
thereof,
for
which
a
complete
prohibition
is
desired,
and
where
appropriate,
average,
maximum
and
low
flows
in
million
gallons
per
day
(
MGD)
or
the
metric
equivalent;

(
iii)
Include
a
map,
either
a
USGS
topographic
quadrant
map
or
a
NOAA
nautical
chart,
as
applicable,
clearly
marking
by
latitude
and
longitude
the
waters
or
portions
thereof
to
be
designated
a
drinking
water
intake
zone;
and
(
iv)
Include
a
statement
of
basis
justifying
the
size
of
the
requested
drinking
water
intake
zone,
for
example,
identifying
areas
of
intensive
boating
activities.

(
2)
If
the
Administrator
finds
that
a
complete
prohibition
is
appropriate
under
this
paragraph,
he
or
she
shall
publish
notice
of
such
finding
together
with
a
notice
of
proposed
rulemaking,
and
then
shall
proceed
in
accordance
with
5
U.
S.
C.
553.
If
the
Administrator's
finding
is
that
a
complete
prohibition
covering
a
more
restricted
or
more
expanded
area
than
that
applied
for
by
the
State
is
appropriate,
he
or
she
shall
also
include
a
statement
of
the
reasons
why
the
finding
differs
in
scope
from
that
requested
in
the
State's
application.

(
3)
If
the
Administrator
finds
that
a
complete
prohibition
is
inappropriate
under
this
paragraph,
he
or
she
shall
deny
the
application
and
state
the
reasons
for
such
denial.

(
4)
For
the
following
waters
the
discharge
from
a
vessel
of
any
sewage,
whether
treated
or
not,
is
completely
prohibited
pursuant
to
CWA
section
312(
f)(
4)(
B):

(
i)
Two
portions
of
the
Hudson
River
in
New
York
State,
the
first
is
bounded
by
an
east­
west
line
through
the
most
northern
confluence
of
the
Mohawk
River
which
will
be
designated
by
the
Troy­
Waterford
Bridge
(
126th
Street
Bridge)
on
the
south
and
Lock
2
on
the
north,
and
the
second
of
which
is
bounded
on
the
north
by
the
southern
end
of
Houghtaling
Island
and
on
the
south
by
a
line
between
the
Village
of
Roseton
on
the
western
shore
and
Low
Point
on
the
eastern
shore
in
the
vicinity
of
Chelsea,
as
described
in
Items
2
and
3
of
6
NYCRR
Part
858.4.

(
ii)
[
Reserved]

[
41
FR
4453,
Jan.
29,
1976,
as
amended
at
42
FR
43837,
Aug.
31,
1977;
60
FR
63945,
Dec.
13,
1995;
63
FR
1320,
Jan.
8,
1998;
67
FR
35743,
May
21,
2002]

§
140.5
Analytical
procedures.

In
determining
the
composition
and
quality
of
effluent
discharge
from
marine
sanitation
devices,
the
procedures
contained
in
40
CFR
part
136,
"
Guidelines
Establishing
Test
Procedures
for
the
Analysis
of
Pollutants,"
or
subsequent
revisions
or
amendments
thereto,
shall
be
employed.
