[Federal Register Volume 78, Number 187 (Thursday, September 26, 2013)]
[Notices]
[Pages 59345-59347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23509]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0033; FRL-9901-42-OW]


Proposed Information Collection Request; Comment Request; 
Modification of Secondary Treatment Requirements for Discharges Into 
Marine Waters (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an 
information collection request (ICR), ``Modification of Secondary 
Treatment Requirements for Discharges into Marine Waters (Renewal)'' 
(EPA ICR No. 0138.09, OMB Control No. 2040-0088) to the Office of 
Management and Budget (OMB) for review and approval in accordance with 
the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Before 
doing so, EPA is soliciting public comments on specific aspects of the 
proposed information collection as described below. This is a 
``proposed extension of the Information Collection Request (ICR), which 
is currently approved through 01/31/2014''. 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.

[[Page 59346]]


DATES: Comments must be submitted on or before November 25, 2013.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-2003-
0033, online using www.regulations.gov (our preferred method), by email 
to [email protected] or by mail to: EPA Docket Center, Environmental 
Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Virginia Fox-Norse, Oceans and Coastal 
Protection Division, Office of Water, (4504T), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: 202 566-1266; fax number: 202 566-1337; email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Supporting documents which explain in detail the information that 
the EPA will be collecting are available in the public docket for this 
ICR. The docket can be viewed online at www.regulations.gov or in 
person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The telephone number for the Docket Center 
is 202-566-1744. For additional information about EPA's public docket, 
visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it to: (i) Evaluate whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Agency, including whether the 
information will have practical utility; (ii) evaluate the accuracy of 
the Agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (iii) enhance the quality, utility, and clarity of the 
information to be collected; and (iv) minimize the burden of the 
collection of information on those who are to respond, including 
through the use of appropriate automated electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses. EPA 
will consider the comments received and amend the ICR as appropriate. 
The final ICR package will then be submitted to OMB for review and 
approval. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: Regulations implementing section 301(h) of the Clean 
Water Act (CWA) are found at 40 CFR Part 125, Subpart G. The section 
301(h) program involves collecting information from two sources: (1) 
The municipal wastewater treatment facility, commonly called a publicly 
owned treatment works (POTW), and (2) the state in which the POTW is 
located. Municipalities had the opportunity to apply for a waiver from 
secondary treatment requirements, but that opportunity closed in 
December, 1982. A POTW holding a current waiver or reapplying for a 
waiver provides application, monitoring, and toxic control program 
information. The state provides information on its determination 
whether the discharge under the proposed conditions of the waiver 
ensures the protection of water quality, biological habitats, and 
beneficial uses of receiving waters and whether the discharge will 
result in additional treatment, pollution control, or any other 
requirement for any other point or nonpoint sources. The state also 
provides information to certify that the discharge will meet all 
applicable state laws and that the state accepts all permit conditions.
    There are 4 situations where information will be required under the 
section 301(h) program:
    (1) A POTW reapplying for a section 301(h) waiver. As the permits 
with section 301(h) waivers reach their expiration dates, EPA must have 
updated information on the discharge to determine whether the section 
301(h) criteria are still being met and whether the section 301(h) 
waiver should be reissued. Under 40 CFR 125.59(f), each section 301(h) 
permittee is required to submit an application for a new section 301(h) 
modified permit within 180 days of the existing permit's expiration 
date. 40 CFR 125.59(c) lists the information required for a modified 
permit. The information that EPA needs to determine whether the POTW's 
reapplication meets the section 301(h) criteria is outlined in the 
questionnaire attached to 40 CFR Part 125, Subpart G.
    (2) Monitoring and toxic control program information: Once a waiver 
has been granted, EPA must continue to assess whether the discharge is 
meeting section 301(h) criteria, and that the receiving water quality, 
biological habitats, and beneficial uses of the receiving waters are 
protected. To do this, EPA needs monitoring information furnished by 
the permittee. According to 40 CFR 125.68(d), any permit issued with a 
section 301(h) waiver must contain the monitoring requirements of 40 
CFR 125.63(b), (c), and (d) for biomonitoring, water quality criteria 
and standards monitoring, and effluent monitoring, respectively. 
Section 125.68(d) also requires reporting at the frequency specified in 
the monitoring program. In addition to monitoring information, EPA 
needs information on the toxics control program required by section 
125.66 to ensure that the permittee is effectively minimizing 
industrial and nonindustrial toxic pollutant and pesticide discharges 
into the treatment works.
    (3) Application revision information: Section 125.59(d) of 40 CFR 
allows a POTW to revise its application one time only, following a 
tentative decision by EPA to deny the waiver request. In its 
application revision, the POTW usually corrects deficiencies and 
changes proposed treatment levels as well as outfall and diffuser 
locations. The application revision is a voluntary submission for the 
applicant, and a letter of intent to revise the application must be 
submitted within 45 days of EPA's tentative decision (40 CFR 
125.59(f)). EPA needs this information to evaluate revised applications 
to determine whether the modified discharge will ensure protection of 
water quality, biological habitats, and beneficial uses of receiving 
waters.
    (4) State determination and state certification information: For 
revised or renewal applications for section 301(h) waivers, EPA needs a 
state determination. The state determines whether all state laws 
(including water quality standards) are satisfied. This helps ensure 
that water quality, biological habitats, and beneficial uses of 
receiving waters are protected. Additionally, the state must determine 
if the applicant's discharge will result in additional treatment, 
pollution control, or any other requirement for any other point or 
nonpoint sources. This process allows the state's views to be taken 
into account when EPA reviews the section 301(h) application and 
develops permit conditions. For revised and renewed section 301(h) 
waiver applications, EPA also needs the CWA section 401(a)(1) 
certification information to ensure that all state water quality laws 
are met by any permit it issues with a section 301(h) modification, and 
the state accepts all the permit conditions. This information is the 
means by which the state can exercise its authority to concur

[[Page 59347]]

with or deny a section 301(h) decision made by the EPA Regional Office.
    Form Numbers: ``None.''
    Respondents/affected Entities: Entities potentially affected by 
this action are those municipalities that currently have section 301(h) 
waivers from secondary treatment, or have applied for a renewal of a 
section 301(h) waiver, and the states within which these municipalities 
are located.
    Respondent's Obligation To Respond: Required To Obtain or retain a 
benefit.
    Estimated Number of Respondents: Est. 50 (total).
    Frequency of Response: From once every five years, to varies case-
by-case, depending on the category of information.
    Total Estimated Burden: 59,370 hours (per year). Burden is defined 
at 5 CFR 1320.3(b).
    Total Estimated Cost: $1.3 million (per year), includes $0 
annualized capital or operation & maintenance costs.
    Changes in Estimates: There is a decrease of hours in the total 
estimated respondent burden compared with the ICR currently approved by 
OMB. EPA expects the numbers will decrease due to changes in respondent 
universe, use of technology, etc.

    Dated: September 18, 2013.
Benita Best-Wong,
Acting Director, Office of Wetlands, Oceans and Watersheds.
[FR Doc. 2013-23509 Filed 9-25-13; 8:45 am]
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