[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Notices]
[Pages 48241-48243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17419]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ -OW-2003-0033; FRL--10013-32-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 (EPA) is planning to 
submit an information collection request (ICR), ``Modification of 
Secondary Treatment Requirements for Discharges into Marine Waters 
(Renewal)'' (EPA ICR No. 0138.12, Office of Management and Budget (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). Before doing so, EPA is soliciting public comment 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 April 30, 2021.'' An Agency may not 
conduct or sponsor and a person is not required to respond to a 
collection of information unless it displays a currently valid OMB 
control number.

DATES: Comments must be submitted on or before October 9, 2020.

ADDRESSES: 
    You may send comments, identified by Docket ID No. EPA-HQ-2003-
0033, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Email: [email protected]. Include Docket ID No. EPA-HQ-
2003-0033.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Office of Water Docket, Mail Code 28221T, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460.
    Instructions: All submissions received must include the Docket ID 
No. for this ICR. Comments received may be posted without change to 
https://www.regulations.gov/, including any personal information 
provided. For detailed instructions on sending comments and additional 
information on the ICR process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document. Out 
of an abundance of caution for members of the public and our staff, the 
EPA Docket Center and Reading Room are closed to the public, with 
limited exceptions, to reduce the risk of transmitting COVID-19. Our 
Docket Center staff will continue to provide remote customer service 
via email, phone, and webform. We encourage the public to submit 
comments via https://www.regulations.gov/ or email, as there may be a 
delay in processing mail. Hand deliveries and couriers may be received 
by scheduled appointment only. For further information on EPA Docket 
Center services and the current status, please visit us online at 
https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Virginia Fox-Norse, Oceans, Wetlands

[[Page 48242]]

and Communities Division, Office of Water, (4504T), Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone number: 202-566-1266; fax number: 202-566-1147; email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-2003-0033, 
at https://www.regulations.gov (our preferred method), or the other 
methods identified in the ADDRESSES section. Once submitted, comments 
cannot be edited or removed from the docket. EPA may publish any 
comment received to its public docket. Do not submit to EPA's docket at 
https://www.regulations.gov any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    EPA is temporarily suspending its Docket Center and Reading Room 
for public visitors, with limited exceptions, to reduce the risk of 
transmitting COVID-19. Our Docket Center staff will continue to provide 
remote customer service via email, phone, and webform. We encourage the 
public to submit comments via https://www.regulations.gov/ as there may 
be a delay in processing mail and faxes. For further information and 
updates on EPA Docket Center services, please visit us online at 
https://www.epa.gov/dockets.
    EPA continues to carefully and continuously monitor information 
from the Centers for Disease Control and Prevention (CDC), local area 
health departments, and our Federal partners so that we can respond 
rapidly as conditions change regarding COVID-19.
    Supporting documents which explain in detail the information that 
EPA will be collecting are available in the public docket for this ICR. 
The docket can be viewed online at www.regulations.gov. 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 Paperwork Reduction Act, 
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 CWA 
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 of 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 four situations where information will be required under 
the CWA section 301(h) program:
    (1) A POTW reapplying for a CWA 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 
CWA section 301(h) criteria are still being met and whether the CWA 
section 301(h) waiver should be reissued. Under 40 CFR 125.59(f), each 
CWA 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 CWA 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 CWA 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. In addition, 40 CFR 125.68(d) 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 40 CFR 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: 40 CFR 125.59(d) 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

[[Page 48243]]

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 CWA 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 CWA section 301(h) application and 
develops permit conditions. For revised and renewed CWA 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 CWA 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 CWA 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 CWA section 
301(h) waivers from secondary treatment or have applied for a renewal 
of a CWA section 301(h) waiver, and the states within which these 
municipalities are located.
    Respondent's obligation to respond: Voluntary, required to obtain 
or retain a benefit.
    Estimated number of respondents: 34 (total).
    Frequency of response: From once every five years, to varies case-
by-case, depending on the category of information.
    Total estimated burden: 40,040 hours (per year). Burden is defined 
at 5 CFR 1320.03(b)
    Total estimated cost: $1.1 million (per year), includes $0 
annualized capital or operation & maintenance costs.
    Changes in Estimates: A decrease of hours in the total estimated 
respondent burden is expected compared with the ICR currently approved 
by OMB. EPA expects the numbers will decrease due to changes in 
respondent universe, use of technology, etc.

John Goodin,
Director, Office of Wetlands, Oceans and Watersheds.
[FR Doc. 2020-17419 Filed 8-7-20; 8:45 am]
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