[Federal Register Volume 60, Number 205 (Tuesday, October 24, 1995)]
[Notices]
[Pages 54496-54497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26319]



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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5319-3]


Agency Information Collection Activities Up for Renewal

agency: Environmental Protection Agency.

action: Notice.

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summary: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that the Information Collection Request 
(ICR) listed below is coming up for renewal. Before submitting the 
renewal package to the Office of Management and Budget (OMB), EPA is 
soliciting comments on specific aspects of the collection as described 
below.

dates: Comments must be submitted on or before December 26, 1995.

addresses: U.S. EPA; Office of Wetlands, Oceans and Watersheds; Oceans 
and Coastal Protection Division (4504F); 401 M Street, SW; Washington, 
DC 20460.

for further information contact: Virginia Fox-Norse; phone 202-260-
1952; fax 202-260-9960.

supplementary information: Affected entities: Entities affected by this 
action are those municipalities which have applied for a renewal of a 
301(h) waiver from secondary treatment requirements, or those with a 
pending 301(h) waiver application.
    Title: Modification of Secondary Treatment Requirements for 
Dischargers to Marine Waters; ICR #0138.03; OMB control #2040-0088; 
expiration date: 12/31/95.
    Abstract: The 301(h) program involves collecting information from 
two sources: (1) The municipal wastewater treatment facility, commonly 
called a publicly owned treatment works (POTW), and (2) the State in 
which the POTW is located. These sources are seeking a waiver from 
secondary treatment requirements under the Clean Water Act. 
Municipalities had the opportunity to apply for a waiver, but that 
opportunity closed in December, 1982. A POTW seeking to obtain a 301(h) 
waiver, or reapplying for a waiver, provides application, monitoring, 
and toxic control program information. The State provides State 
determination and State certification information. The requirements 
apply to those who applied to receive this benefit, i.e., a waiver from 
secondary treatment requirements. Regulations implementing Section 
301(h) of the CWA are found at 40 CFR Part 125, Subpart G. 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 
displayed in 40 CFR Part 9.
    There are 2 situations where information will be required under the 
301(h) program:
    Application Revision Information: Section 125.59(d) of 40 CFR allow 
a POTW to revise its application one time only, allowing a tentative 
decision by EPA to deny the waiver request. In its application 
revision, the POTW usually corrects deficiencies and changes proposed 
treatment levels as well as outfall and diffuser locations. The 
application revision is a voluntary submission for the applicant, and a 
letter of intent to revise must be submitted within 45 days of EPA's 
tentative decision (40 CFR 125.59(f)). EPA needs this information to 
evaluate revised applications and to determine whether the modified 
discharge will ensure receiving water quality, biological habitats, and 
beneficial uses of the receiving waters. Section 125.59(e) requires 
additional information to show compliance with applicable pretreatment 
requirements under Sec. 125.65, and primary or equivalent treatment 
requirements under Sec. 125.60.
    Permit Reissuance Information: As the permits with 301(h) waivers 
reach their expiration dates, EPA must have 

[[Page 54497]]
updated information on the discharge to determine whether the 301(h) 
criteria are still being met and whether the 301(h) variance should be 
reissued. Under 40 CFR 125.59(f), each 301(h) permittee is required to 
submit an application for a new section 301(h) modified permit within 
180 days of the existing permit's expiration date; 40 CFR Part 
125.59(c) lists the information required for a modified permit. Section 
125.59(e) requires additional information to show compliance with 
applicable pretreatment requirements under Sec. 125.65, and primary or 
equivalent treatment requirements under Sec. 125.60. The information 
that EPA needs to determine whether the POTW's reapplication meets the 
section 301(h) criteria previously listed is outlined in the 
questionnaire attached to 40 CFR Part 125, Subpart G. The questionnaire 
is similar to the two used by POTWs for their original applications.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    Burden Statement: The burden estimate for the 73 regulated 
facilities totals 74,863 hours. This estimate includes the time needed 
to review instructions, search existing data sources, gather and 
maintain the data needed, and complete and review the collection of 
information.
    Send comments regarding these matters, or any other aspect of the 
information collection, including suggestions for reducing the burden, 
to the address listed above.

    Dated: September 29, 1995.
Robert H. Wayland III,
Director, Office of Wetlands, Oceans and Watersheds.
[FR Doc. 95-26319 Filed 10-23-95; 8:45 am]
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