[Federal Register Volume 87, Number 122 (Monday, June 27, 2022)]
[Notices]
[Pages 38151-38153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13657]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2020-0392; FRL 8323.1-01-OW]


Draft Guidance for Vessel Sewage No-Discharge Zones

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability; request for comment.

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SUMMARY: The Environmental Protection Agency (EPA) requests comments on 
draft updated guidance for state officials submitting applications to 
EPA to establish vessel sewage no-discharge zones under the Clean Water 
Act (CWA). The draft updated guidance is intended to clarify, simplify, 
and (once finalized) supersede EPA's existing vessel sewage no-
discharge zone guidance. The draft updated guidance explains the 
information that a state must submit to EPA in an application to meet 
the regulatory requirements and provides greater insight into EPA's 
process for evaluating applications. Updates made to the guidance do 
not purport to impose any new requirements for state applications.

DATES: Comments must be received on or before August 26, 2022.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2020-0392, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov/ 
(our preferred method). Follow the online instructions for submitting 
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center, Office of Water Docket, Mail Code 28221T, 1200 Pennsylvania 
Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier: EPA Docket Center, WJC West 
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. 
The Docket Center's hours of operations are 8:30 a.m.-4:30 p.m., 
Monday-Friday (except Federal Holidays).
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. 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 rulemaking process, see the ``Public Participation'' 
heading of the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Kelsey Watts-FitzGerald, Oceans, 
Wetlands, and Communities Division, Office of Water (4504T), 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460; telephone number: 202-566-0232; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Public Participation

A. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2020-
0392, 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

[[Page 38152]]

https://www.regulations.gov any information you consider to be 
Confidential Business Information (CBI), Proprietary Business 
Information (PBI), 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). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA 
public comment policy; information about CBI, PBI, or multimedia 
submissions; and general guidance on making effective comments.

II. General Information

A. Does this action apply to me?

    EPA has developed an updated draft of existing guidance for the 
development of applications for vessel sewage no-discharge zones and 
seeks comment and technical input on issues associated with the 
guidance. The draft updated guidance will be of interest to state 
officials seeking to establish vessel sewage no-discharge zones, as 
well as the owners and operators of commercial and recreational vessels 
with installed toilets that may be impacted by vessel sewage no-
discharge zone designations.

III. Background

    CWA Section 312 establishes the statutory framework through which 
EPA and the U.S. Coast Guard regulate the discharge of sewage from 
vessels with installed toilets operating in U.S. navigable waters. EPA 
is responsible for establishing national standards of performance for 
marine sanitation devices (MSDs) to prevent inadequately treated sewage 
from polluting U.S. waters, while the U.S. Coast Guard is responsible 
for issuing regulations governing the design, construction, 
certification, installation, and operation of MSDs, consistent with 
EPA's standards. MSDs are equipment installed onboard vessels that 
either treat sewage prior to discharge or store sewage onboard for 
later disposal. If a state determines that some or all of the state's 
waters require greater protection, the CWA allows the state to apply to 
EPA for the establishment of a vessel sewage no-discharge zone.
    Sewage no-discharge zones are designated areas where the discharge 
of both treated and untreated sewage from vessels is prohibited. There 
are three different types of vessel sewage no-discharge zones under CWA 
Section 312. For each type, the state must submit an application to EPA 
pursuant to the regulatory requirements detailed in 40 CFR 140.4. The 
first type of designation (CWA Section 312(f)(3)) requires the state to 
obtain a determination from EPA that ``adequate facilities for the safe 
and sanitary removal and treatment of sewage from all vessels are 
reasonably available for the waters proposed for designation.'' 
Following an affirmative determination from EPA, the state may then 
proceed with the designation of the no-discharge zone through state 
regulations. The other two types of sewage no-discharge zones are 
established for the protection and enhancement of the quality of 
specified waters and drinking water intakes (under CWA Sections 
312(f)(4)(A) and (f)(4)(B), respectively). These designations are 
applied for by a state but designated by EPA and promulgated through 
federal regulations.
    In 1994, EPA published guidance, ``Protecting Coastal Waters from 
Vessel and Marina Discharges: A Guide for State and Local Officials, 
Volume 1. Establishing No-Discharge Areas under Sec.  312 of the Clean 
Water Act'' (EPA 842-B-94-004, August 1994), to assist states in 
preparing applications based on the regulatory requirements. EPA is 
updating the 1994 guidance and, through this Notice, soliciting 
feedback from the public on the new draft, titled, ``Guidance for 
Vessel Sewage No-Discharge Zone Applications (Clean Water Act Section 
312(f)).'' The draft updated guidance will supersede the 1994 guidance 
once public comments have been considered and a notice of availability 
for the updated guidance is published in the Federal Register.
    In developing the draft updated guidance, EPA sought to streamline 
the guidance, better clarify the required versus recommended 
information for inclusion in a state's application, and further 
describe the agency's processes for evaluating an application. Key 
updates related to the development of state applications include the 
addition of new guidance and sample applications for the two CWA 
Section 312(f)(4) designations, as well as updated introductory 
sections on the impact of sewage discharges and the regulatory 
framework in place to mitigate these impacts. The draft updated 
guidance also clarifies how to account for mobile pumpout facilities, 
such as boats and trucks, and provides additional information on how to 
demonstrate that sewage removed from vessels is being treated in 
conformance with federal law. Finally, in the sections pertaining to 
CWA Section 312(f)(3) applications, the draft updated guidance 
distinguishes between recreational and commercial vessels in 
acknowledgement of differing vessel profiles and pumpout facility 
needs.
    Other updates were made to the 1994 guidance to explain EPA's 
process for evaluating state applications. The most substantial update 
to EPA's review process is the novel inclusion of a cost analysis for 
applications submitted under CWA Section 312(f)(3). The agency's 
statutory responsibility to determine whether adequate facilities are 
``reasonably available'' speaks to the cost of that availability, as 
affirmed by the U.S. District Court for the District of Columbia (see 
Memorandum Opinion and Order, American Waterways Operators v. EPA, case 
no. 18-cv-2933 (APM), November 30, 2020). Because EPA must consider 
costs, the draft updated guidance contains new sections that propose 
how EPA would conduct cost analyses for CWA Section 312(f)(3) 
applications. These new sections are accompanied by a spreadsheet-based 
tool, the ``No-Discharge Zone Cost Analysis Tool,'' that EPA could use 
in future determinations to help standardize the agency's approach to 
evaluating the costs associated with applications submitted under CWA 
Section 312(f)(3). The draft cost tool also incorporates a screening 
analysis to estimate if sewage generation may exceed reception 
capabilities. While the statute requires that EPA consider costs during 
the review of CWA Section 312(f)(3) applications, the agency welcomes 
comments on the proposed approach to the cost analysis. Another change 
is the removal of the ``Boater Sanitary Waste Reception Facility 
Requirements Worksheet,'' which aggregated all vessel types, in favor 
of the new screening analysis described above for commercial vessels 
and a new ``Recreational Vessel Worksheet'' for recreational vessels.

IV. Paperwork Reduction Act

    The information collections associated with the vessel sewage no-
discharge zone program have been approved by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act through August 2022. 
The approved Information Collection Request (OMB control number 2040-
0187) estimates both the burden to state respondents to apply for 
vessel sewage no-discharge zones and the burden to EPA to review state 
applications. Finalization of this draft updated guidance is not 
expected to result in

[[Page 38153]]

increased burden to state applicants, since the required elements of a 
state's application are defined by regulation and have not been 
changed. However, increased burden is anticipated for EPA due to the 
inclusion of a cost analysis for applications submitted under CWA 
Section 312(f)(3). EPA does not anticipate that the expected number of 
applications will change if this draft updated guidance is finalized, 
since preparation and submission of an application is entirely 
voluntary and driven by the state applicant's need to protect some or 
all of the state's waters from vessel sewage discharges.
    EPA is currently in the process of requesting a renewal for this 
information collection. If finalization of this draft updated guidance 
results in a change to paperwork burden, EPA will revise the 
Information Collection Request.

V. Request for Comment

    EPA is seeking public comment on both the draft updated guidance 
document and the associated draft cost tool. While EPA welcomes 
information and comments on all issues related to the guidance, this 
Notice requests specific comment, relevant information, or data on the 
following topics, as appropriate: (1) the types and availability of 
data and information being requested from state applicants, (2) whether 
additional clarifications are needed in any of the state application 
sections, (3) the appropriateness, use, and accuracy of default values 
and assumptions used in the draft cost tool, and (4) how frequently the 
agency should update the default values used in the draft cost tool.
    The draft updated guidance document and draft cost tool are 
available for review in EPA's docket and on EPA's website at https://www.epa.gov/vessels-marinas-and-ports/guidance-vessel-sewage-no-discharge-zone-applications.

Benita Best-Wong,
Deputy Assistant Administrator.
[FR Doc. 2022-13657 Filed 6-24-22; 8:45 am]
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