[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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