[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51813-51814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16643]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0033; FRL-11107-01-OW]


Agency Information Collection Activities; 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 Number. 0138.12, Office of Management and Budget 
(OMB) Control Number. 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, 2024. This 
notice allows for 60 days for public comments.

DATES: Comments must be submitted on or before October 3, 2023.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
2003-0033, to EPA online using https://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, 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: This is a proposed extension of the ICR, 
which is currently approved through April 30, 2024. 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.
    This notice allows 60 days for public comments. Supporting 
documents that 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, WJC 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 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 forms of information technology. 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. A POTW with or applying for renewal of 
modified secondary treatment limits submits information to EPA, whether 
monitoring and toxic control program information, or its application 
for renewal. The state provides information on its determination 
whether the discharge under the proposed conditions of the 301(h) 
modification 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) modification. As the 
permits with section 301(h) modifications 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) modification 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 permit 
modification has been granted, EPA must continue to assess whether the 
discharge is meeting CWA section 301(h) criteria, and whether 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) modification 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,

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following a tentative decision by EPA to deny the section 301(h) 
modification 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 CWA section 301(h) modifications, 
EPA needs a state determination. The state determines whether all state 
laws (including water quality standards) are satisfied. This 
determination 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) modification applications, EPA also needs the CWA 
section 401(a)(1) certification information to ensure that any Federal 
license or permit meets all state water quality laws it issues with a 
CWA section 301(h) modification, and the state accepts all the permit 
conditions. This information is how the state can exercise its 
authority to concur with or deny a CWA section 301(h) decision made by 
an 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) modifications from secondary treatment or have applied for a 
renewal of a CWA section 301(h) modification, 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: 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 1320.03(b).
    Total estimated cost: $1.3 million (per year), which includes $0 
annualized capital or operation & maintenance costs.
    Changes in the 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.

Brian Frazer,
Director, Office of Wetlands, Oceans and Watersheds.
[FR Doc. 2023-16643 Filed 8-3-23; 8:45 am]
BILLING CODE 6560-50-P