Notice2023-16643
Agency Information Collection Activities; Proposed Information Collection Request; Comment Request; Modification of Secondary Treatment Requirements for Discharges Into Marine Waters (Renewal)
Primary source
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Published
August 4, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 149 (Friday, August 4, 2023)</title>
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[Federal Register Volume 88, Number 149 (Friday, August 4, 2023)]
[Notices]
[Pages 51813-51814]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> (our
preferred method), by email to <a href="/cdn-cgi/l/email-protection#145b4339507b777f7160547164753a737b62"><span class="__cf_email__" data-cfemail="cc839be188a3afa7a9b88ca9bcade2aba3ba">[email protected]</span></a>, 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: <a href="/cdn-cgi/l/email-protection#690f06114407061b1a0c471f001b0e00070008290c1908470e061f"><span class="__cf_email__" data-cfemail="85e3eafda8ebeaf7f6e0abf3ecf7e2ecebece4c5e0f5e4abe2eaf3">[email protected]</span></a>.
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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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 <a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.
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,
[[Page 51814]]
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
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