[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 11998-11999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04095]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0033; FRL-10020-95-OMS]


Information Collection Request Submitted to OMB for Review and 
Approval; 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) has submitted an 
information collection request (ICR), Modification of Secondary 
Treatment Requirements for Discharges into Marine Waters (EPA ICR 
Number 0138.12, OMB Control Number 2040-0088) to the Office of 
Management and Budget (OMB) for review and approval in accordance with 
the Paperwork Reduction Act. Public comments were previously requested 
via the Federal Register on August 10, 2020, during a 60-day comment 
period. This notice allows for an additional 30 days for public 
comments. A fuller description of the ICR is given below, including its 
estimated burden and cost to the public. 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: Additional comments may be submitted on or before March 31, 
2021.

ADDRESSES: Submit your comments to EPA, referencing Docket ID No. EPA-
HQ-OW-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.
    Submit written comments and recommendations to OMB for the proposed 
information collection within 30 days of publication of this notice to 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function.

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

SUPPLEMENTARY INFORMATION: 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 or in person at EPA Docket Center, EPA

[[Page 11999]]

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.
    Abstract: Regulations implementing section 301(h) of the Clean 
Water Act (CWA) are found at 40 CFR part 125, subpart G. This CWA 
section allows for a case-by-case review of treatment requirements for 
publicly owned treatment works (POTW) discharges to marine waters. 
Eligible POTW applicants that met the set of environmentally stringent 
criteria received a modified National Pollutant Discharge Elimination 
System (NPDES) permit waiving secondary treatment requirements. CWA 
section 301(h) only applies to the 25 POTWs that applied by December 
29, 1982, that currently hold modified permits and the six states in 
which the POTWs are located. No new applications are accepted.
    The CWA section 301(h) program involves collecting information from 
municipal wastewater treatment facilities (POTWs), and the state in 
which the POTW is located. A POTW holding a modified permit or 
reapplying for a modification provides application, monitoring, and 
toxic control program information. The state provides information on 
its determination whether the discharge under the proposed conditions 
of the modified permit 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: (1) A 
POTW reapplying for a CWA section 301(h) modified permit. As the 
permits with section 301(h) modifications reach their expiration dates, 
EPA must have updated information on the discharge to determine whether 
criteria are still being met and whether the modified permit should be 
reissued. (2) Once a modified permit has been granted, EPA must 
continue to assess whether the discharge is meeting the CWA criteria, 
and that the receiving water quality, biological habitats, and 
beneficial uses of the receiving waters are protected. To do this, EPA 
needs monitoring and toxics control information furnished by the 
permittee. (3) Application revision information: A POTW is allowed to 
revise its application one time only, following a tentative decision by 
EPA to deny the modified permit 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. (4) State 
determination and state certification information: The state determines 
whether all state laws are satisfied. 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 
considered when EPA reviews the application and develops permit 
conditions.
    Form numbers: None.
    Respondents/affected entities: Municipalities that currently have 
CWA section 301(h) modifications from secondary treatment, or have 
applied for a renewal of a CWA section 301(h) modified permit, 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: 31 (total).
    Frequency of response: From once every five years, to varies case-
by-case, depending on the category of information.
    Total estimated burden: 44,985 hours (per year). Burden is defined 
at 5 CFR 1320.3(b).
    Total estimated cost: $1,300,339 (per year), includes $0 annualized 
capital or operation & maintenance costs.
    Changes in the estimates: There is an increase of hours in the 
total estimated respondent burden compared with the ICR currently 
approved by OMB. This increase is due to changes in respondent 
universe, program status, information needs, and use of technology.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-04095 Filed 2-26-21; 8:45 am]
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