[Federal Register Volume 63, Number 246 (Wednesday, December 23, 1998)]
[Notices]
[Pages 71112-71114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34040]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6205-2]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Modification of Secondary Treatment Requirements for 
Discharges Into Marine Waters

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Modification of Secondary Treatment 
Requirements for Discharges into Marine Waters, EPA ICR Number 0138.05, 
OMB Control Number 2040-0088, expiring March 31, 1999. Before 
submitting the ICR to OMB for review and approval, EPA is soliciting 
comments on specific aspects of the proposed information collection as 
described below.

DATES: Comments must be submitted on or before February 22, 1999.

ADDRESSES: U.S. EPA; Office of Wetlands, Oceans and Watersheds; Oceans 
and Coastal Protection Division (4505F); 401 M Street, SW; Washington, 
DC 20460. Interested persons may

[[Page 71113]]

obtain a copy of the ICR without charge by contacting the person 
identified below.

FOR FURTHER INFORMATION CONTACT:
Virginia Fox-Norse, 202-260-8448 (phone), 202-260-9920 (facsimile 
number), F[email protected].

SUPPLEMENTARY INFORMATION: 
    Affected entities: Entities potentially affected by this action are 
those municipalities that currently have section 301(h) waivers from 
secondary treatment, have applied for a renewal of a section 301(h) 
waiver, or those with a pending section 301(h) waiver application, and 
the states within which these municipalities are located.
    Title: Modification of Secondary Treatment Requirements for 
Discharge into Marine Waters (OMB Control Number 2040-0088; EPA ICR 
Number 0138.05), expiring March 31, 1999.
    Abstract: The section 301(h) program involves collecting 
information from two sources: (1) the municipal wasteware treatment 
facility, commonly called a publicly owned treatment works (POTW), and 
(2) the state in which the POTW is located. Municipalities had the 
opportunity to apply for a waiver from secondary treatment 
requirements, but that opportunity closed in December, 1982. A POTW 
seeking to obtain a section 301(h) waiver, holding a current waiver or 
reapplying for a waiver, provides application, monitoring, and toxic 
control program information. The state provides information on its 
determination whether the discharge under the proposed conditions of 
the waiver ensures the protection of water quality, biological 
habitats, and beneficial uses of receiving waters and whether the 
discharge will result in additional treatment, pollution control, or 
any other requirement for any other point or nonpoint sources. The 
state also provides information to certify that the discharge will meet 
all applicable state laws and that the state accepts all permit 
conditions. Regulations implementing section 301(h) of the Clean Water 
Act (CWA) are found at 40 CFR Part 125, Subpart G.
    There are 5 situations where information will be required under the 
section 301(h) program:
    (1) A POTW continuing the application process for a section 301(h) 
waiver, or reapplying for a waiver; as the permits with section 301(h) 
waivers reach their expiration dates, EPA must have updated information 
on the discharge to determine whether the section 301(h) criteria are 
still being met and whether the section 301(h) waiver should be 
reissued. Under 40 CFR 125.59(f), each section 301(h) permittee is 
required to submit an application for a new section 301(h) permittee is 
required to submit an application for a new section 301(h) modified 
permit within 180 days of the existing permit's expiration date. 40 CFR 
125.59(c) lists the information required for a modified permit. Section 
125.59(e) requires additional information to show compliance with 
applicable pretreatment requirements under section 125.65, and primary 
or equivalent treatment requirements under section 125.60. The 
information that EPA needs to determine whether the POTW's 
reapplication meets the section 301(h) criteria is outlined in the 
questionnaire attached to 40 CFR Part 125, Subpart G. The questionnaire 
is similar to the two questionnaires (one for small applicants and one 
for large applicants) in the 1982 version of the section 301(h) 
regulations used by POTWs for their original applications. The current 
questionnaire streamlines the two questionnaires into one, while 
maintaining similar information requirement according to the size of 
the applicant.
    (2) Monitoring and toxic control program information: Once a waiver 
has been granted, EPA must continue to assess whether the discharge is 
meeting section 301(h) criteria, and that the receiving water quality, 
biological habitats, and beneficial uses of the receiving waters are 
protected. To do this, EPA needs monitoring information furnished by 
the permittee. According to 40 CFR 125.68(d), any permit issued with a 
section 301(h) waiver must contain the monitoring requirements of 40 
CFR 125.63(b), (c), and (d) for biomonitoring, water quality criteria 
and standards monitoring, and effluent monitoring, respectively. 
section 125.68(d) also requires reporting at the frequency specified in 
the monitoring program. In addition to monitoring information, EPA 
needs information on the toxics control program required by section 
125.66 to ensue that the permittee is effectively minimizing industrial 
and nonindustrial toxic pollutant and pesticide discharges into the 
treatment works.
    (3) Application revision information: Section 125.59(d) of 40 CFR 
allows a POTW to revise its application one time only, following a 
tentative decision by EPA to deny the waiver request. In its 
application revision, the POTW usually corrects deficiencies and 
changes proposed treatment levels as well as outfall and diffuser 
locations. The application revision is a voluntary submission for the 
applicant, and a letter of intent to revise the application must be 
submitted within 45 days of EPA's tentative decision (40 CFR 
125.59(f)). EPA needs this information to evaluate revised applications 
to determine whether the modified discharge will ensure protection of 
water quality, biological habitats, and beneficial uses of receiving 
waters.
    (4) Additional information to respond to the CWA: Section 125.59(e) 
requires additional information to show compliance with applicable 
pretreatment requirements under section 125.65, and primary or 
equivalent treatment requirement under section 125.60. Although this 
information is requested in the application questionnaire, it is still 
treated separately because demonstration of meeting these requirements 
was also required, independent of reapplications, by the 1994 revised 
regulations.
    (5) State determination and state certification information: For 
revised or renewal applications for section 301(h) waivers, as well as 
for applicants submitting additional information on the urban area 
pretreatment program and on primary or equivalent treatment, EPA needs 
a state determination. The state determines whether all state laws 
(including water quality standards) are met to ensure that water 
quality, biological habitats, and beneficial uses of receiving waters 
are protected. Additionally, the state must determine if the 
applicant's discharge will result in additional treatment, pollution 
control, or any other requirement for any other point or nonpoint 
sources. This process allows the state's views to be taken into account 
when EPA reviews the section 301(h) application and develops permit 
conditions. For revised and renewed section 301(h) waiver applications, 
EPA also needs the CWA section 401(a)(1) certification information to 
ensure that all state laws are met by any permit it issues with a 
section 301(h) modification, and the state accepts all the permit 
conditions. This information is the means by which the state can 
exercise its authority to concur with or deny a section 301(h) decision 
made by the EPA Regional Office.
    The EPA is soliciting comment to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;

[[Page 71114]]

    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: The estimated annual average burden for the 55 
respondents totals 71,049 hours for this information collection. The 
average annual reporting burden varies depending on the size of the 
respondent and the category of the information collection. the 
frequency of response varies from 1 time to once every five years, to 
case-by-case, depending on the category. 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.
    Please send comments regarding these matters, or any other aspect 
of information collection, including suggestions for redoing the 
burden, to the address listed above.

    Dated: December 14, 1998.
Robert H. Wayland, III
Director, Office of Wetlands, Oceans and Watersheds.
[FR Doc. 98-34040 Filed 12-22-98; 8:45 am]
BILLING CODE 6560-50-M