82 FR 29545 - Proposed Information Collection Request; Comment Request; Modification of Secondary Treatment Requirements for Discharges Into Marine Waters (Renewal)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 124 (June 29, 2017)

Page Range		29545-29546
FR Document		2017-13677

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. 0138.11, 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 comments 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 06/30/2017''. 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.

Federal Register, Volume 82 Issue 124 (Thursday, June 29, 2017)

[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Pages 29545-29546]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13677]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0033; FRL-9962-35-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. 0138.11, 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 comments 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 06/30/2017''. 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 August 28, 2017.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-2003-
0033, online using https://www.regulations.gov (our preferred method), 
by email to OW-Docket@epa.gov 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 and Coastal 
Protection Division, Office of Water, (4504T), Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone 
number: 202 566-1266; fax number: 202-566-1337; email address: fox-norse.virginia@epa.gov.

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the 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 the 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 PRA, 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 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, 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 4 situations where information will be required under the 
section 301(h) program: (1) A POTW reapplying for a 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 section 301(h) criteria are still being met and 
whether the section 301(h) waiver should be reissued. Under 40 CFR 
125.59(f), each 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 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 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. 
Section 125.68(d) also requires reporting at the frequency specified in 
the monitoring

[[Page 29546]]

program. In addition to monitoring information, EPA needs information 
on the toxics control program required by section 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: Section 125.59(d) of 40 CFR 
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 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 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 section 301(h) application and 
develops permit conditions. For revised and renewed 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 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 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 section 301(h) 
waivers from secondary treatment, or have applied for a renewal of a 
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: Est. 50 (total).
    Frequency of response: From once every five years, to varies case-
by-case, depending on the category of information.
    Total estimated burden: 59,370 hours (per year). Burden is defined 
at 5 CFR 1320.03(b)
    Total estimated cost: $1.3 million (per year), includes $0 
annualized capital or operation & maintenance costs.
    Changes in Estimates: There is a decrease of hours in the total 
estimated respondent burden compared with the ICR currently approved by 
OMB. EPA expects the numbers will decrease due to changes in respondent 
universe, use of technology, etc.

    Dated: May 2, 2017.
John Goodin,
Acting Director, Office of Wetlands, Oceans and Watersheds.
[FR Doc. 2017-13677 Filed 6-28-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices 29545

that may lead to a change in the EPA’s policy is that all comments involves collecting information from
estimates. After EPA has evaluated this received will be included in the public two sources: (1) The municipal
information, burden estimates may docket without change including any wastewater treatment facility,
slightly decrease due to the fact that personal information provided, unless commonly called a publicly owned
EPA has received fewer applications for the comment includes profanity, threats, treatment works (POTW), and (2) the
certification of Category 3 engine information claimed to be Confidential state in which the POTW is located.
families than previously estimated. Cost Business Information (CBI) or other Municipalities had the opportunity to
estimates may increase due to inflation information whose disclosure is apply for a waiver from secondary
and labor rate changes. restricted by statute. treatment requirements, but that
Dated: June 22, 2017. FOR FURTHER INFORMATION CONTACT: opportunity closed in December, 1982.
Virginia Fox-Norse, Oceans and Coastal A POTW holding a current waiver or
Byron J. Bunker,
Protection Division, Office of Water, reapplying for a waiver provides
Director, Compliance Division, Office of application, monitoring, and toxic
Transportation and Air Quality, Office of Air (4504T), Environmental Protection
and Radiation. Agency, 1200 Pennsylvania Ave. NW., control program information. The state
Washington, DC 20460; telephone provides information on its
[FR Doc. 2017–13661 Filed 6–28–17; 8:45 am]
number: 202 566–1266; fax number: determination whether the discharge
BILLING CODE 6560–50–P
202–566–1337; email address: fox- under the proposed conditions of the
norse.virginia@epa.gov. waiver ensures the protection of water
quality, biological habitats, and
ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION:
beneficial uses of receiving waters and
AGENCY Supporting documents which explain in
whether the discharge will result in
detail the information that the EPA will
additional treatment, pollution control,
[EPA–HQ–OW–2003–0033; FRL–9962–35– be collecting are available in the public
or any other requirement for any other
OW] docket for this ICR. The docket can be
point or nonpoint sources. The state
viewed online at www.regulations.gov
also provides information to certify that
Proposed Information Collection or in person at the EPA Docket Center, the discharge will meet all applicable
Request; Comment Request; WJC West, Room 3334, 1301 state laws and that the state accepts all
Modification of Secondary Treatment Constitution Ave. NW., Washington, permit conditions.
Requirements for Discharges Into DC. The telephone number for the There are 4 situations where
Marine Waters (Renewal) Docket Center is 202–566–1744. For information will be required under the
additional information about EPA’s section 301(h) program: (1) A POTW
AGENCY: Environmental Protection public docket, visit http://www.epa.gov/
Agency (EPA). reapplying for a section 301(h) waiver.
dockets. As the permits with section 301(h)
ACTION: Notice. Pursuant to section 3506(c)(2)(A) of waivers reach their expiration dates,
the PRA, EPA is soliciting comments EPA must have updated information on
SUMMARY: The Environmental Protection and information to enable it to: (i)
Agency (EPA) is planning to submit an the discharge to determine whether the
Evaluate whether the proposed section 301(h) criteria are still being met
information collection request (ICR), collection of information is necessary
‘‘Modification of Secondary Treatment and whether the section 301(h) waiver
for the proper performance of the should be reissued. Under 40 CFR
Requirements for Discharges into functions of the Agency, including
Marine Waters (Renewal)’’ (EPA ICR No. 125.59(f), each section 301(h) permittee
whether the information will have is required to submit an application for
0138.11, OMB Control No. 2040–0088) practical utility; (ii) evaluate the
to the Office of Management and Budget a new section 301(h) modified permit
accuracy of the Agency’s estimate of the within 180 days of the existing permit’s
(OMB) for review and approval in burden of the proposed collection of
accordance with the Paperwork expiration date. 40 CFR 125.59(c) lists
information, including the validity of the information required for a modified
Reduction Act (PRA). Before doing so, the methodology and assumptions used;
EPA is soliciting public comments on permit. The information that EPA needs
(iii) enhance the quality, utility, and to determine whether the POTW’s
specific aspects of the proposed clarity of the information to be
information collection as described reapplication meets the section 301(h)
collected; and (iv) minimize the burden criteria is outlined in the questionnaire
below. This is a ‘‘proposed extension of of the collection of information on those
the Information Collection Request attached to 40 CFR part 125, subpart G.
who are to respond, including through (2) Monitoring and toxic control
(ICR), which is currently approved the use of appropriate automated program information: Once a waiver has
through 06/30/2017’’. An Agency may electronic, mechanical, or other been granted, EPA must continue to
not conduct or sponsor and a person is technological collection techniques or assess whether the discharge is meeting
not required to respond to a collection other forms of information technology, section 301(h) criteria, and that the
of information unless it displays a e.g., permitting electronic submission of receiving water quality, biological
currently valid OMB control number. responses. EPA will consider the habitats, and beneficial uses of the
DATES: Comments must be submitted on comments received and amend the ICR receiving waters are protected. To do
or before August 28, 2017. as appropriate. The final ICR package this, EPA needs monitoring information
ADDRESSES: Submit your comments, will then be submitted to OMB for furnished by the permittee. According
referencing Docket ID No. EPA–HQ– review and approval. At that time, EPA to 40 CFR 125.68(d), any permit issued
2003–0033, online using https://
sradovich on DSK3GMQ082PROD with NOTICES

will issue another Federal Register with a section 301(h) waiver must
www.regulations.gov (our preferred notice to announce the submission of contain the monitoring requirements of
method), by email to OW-Docket@ the ICR to OMB and the opportunity to 40 CFR 125.63(b), (c), and (d) for
epa.gov or by mail to: EPA Docket submit additional comments to OMB. biomonitoring, water quality criteria
Center, Environmental Protection Abstract: Regulations implementing and standards monitoring, and effluent
Agency, Mail Code 28221T, 1200 section 301(h) of the Clean Water Act monitoring, respectively. Section
Pennsylvania Ave. NW., Washington, (CWA) are found at 40 CFR part 125, 125.68(d) also requires reporting at the
DC 20460. subpart G. The section 301(h) program frequency specified in the monitoring

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29546 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Notices

program. In addition to monitoring Respondent’s obligation to respond: DATES: Additional comments may be
information, EPA needs information on Voluntary, required to obtain or retain a submitted on or before July 31, 2017.
the toxics control program required by benefit. ADDRESSES: Submit your comments,
section 125.66 to ensure that the Estimated number of respondents: referencing Docket ID Number EPA–
permittee is effectively minimizing Est. 50 (total). HQ–OECA–2013–0315, to (1) EPA
industrial and nonindustrial toxic Frequency of response: From once
online using www.regulations.gov (our
pollutant and pesticide discharges into every five years, to varies case-by-case,
preferred method), by email to
the treatment works. depending on the category of
docket.oeca@epa.gov, or by mail to: EPA
information.
(3) Application revision information: Total estimated burden: 59,370 hours Docket Center, Environmental
Section 125.59(d) of 40 CFR allows a (per year). Burden is defined at 5 CFR Protection Agency, Mail Code 28221T,
POTW to revise its application one time 1320.03(b) 1200 Pennsylvania Ave. NW.,
only, following a tentative decision by Total estimated cost: $1.3 million (per Washington, DC 20460, and (2) OMB via
EPA to deny the waiver request. In its year), includes $0 annualized capital or email to oira_submission@omb.eop.gov.
application revision, the POTW usually operation & maintenance costs. Address comments to OMB Desk Officer
corrects deficiencies and changes Changes in Estimates: There is a for EPA.
proposed treatment levels as well as decrease of hours in the total estimated EPA’s policy is that all comments
outfall and diffuser locations. The respondent burden compared with the received will be included in the public
application revision is a voluntary ICR currently approved by OMB. EPA docket without change including any
submission for the applicant, and a expects the numbers will decrease due personal information provided, unless
letter of intent to revise the application to changes in respondent universe, use the comment includes profanity, threats,
must be submitted within 45 days of of technology, etc. information claimed to be Confidential
EPA’s tentative decision (40 CFR Business Information (CBI) or other
Dated: May 2, 2017.
125.59(f)). EPA needs this information information whose disclosure is
John Goodin,
to evaluate revised applications to restricted by statute.
determine whether the modified Acting Director, Office of Wetlands, Oceans
and Watersheds. FOR FURTHER INFORMATION CONTACT:
discharge will ensure protection of
[FR Doc. 2017–13677 Filed 6–28–17; 8:45 am] Patrick Yellin, Monitoring, Assistance,
water quality, biological habitats, and
BILLING CODE 6560–50–P and Media Programs Division, Office of
beneficial uses of receiving waters.
Compliance, Mail Code 2227A,
(4) State determination and state Environmental Protection Agency, 1200
certification information: For revised or ENVIRONMENTAL PROTECTION Pennsylvania Ave. NW., Washington,
renewal applications for section 301(h) AGENCY DC 20460; telephone number: (202)
waivers, EPA needs a state 564–2970; fax number: (202) 564–0050;
determination. The state determines [EPA–HQ–OECA–2013–0315; FRL–9964–
17–OEI] email address: yellin.patrick@epa.gov.
whether all state laws (including water
SUPPLEMENTARY INFORMATION:
quality standards) are satisfied. This Information Collection Request Supporting documents for this ICR
helps ensure that water quality, Submitted to OMB for Review and (NSPS for Commercial and Industrial
biological habitats, and beneficial uses Approval; Comment Request; NSPS Solid Waste Incineration (CISWI) Units
of receiving waters are protected. for Commercial and Industrial Solid (40 CFR part 60, subpart CCCC)
Additionally, the state must determine Waste Incineration (CISWI) Units (40 (Renewal); EPA ICR No. 2384.04; OMB
if the applicant’s discharge will result in CFR Part 60, Subpart CCCC) (Renewal) Control No. 2060–0662), which explain
additional treatment, pollution control,
AGENCY: Environmental Protection in detail the information that the EPA
or any other requirement for any other
Agency (EPA). will be collecting are available in the
point or nonpoint sources. This process
public docket for this ICR. The docket
allows the state’s views to be taken into ACTION: Notice.
can be viewed online at
account when EPA reviews the section
SUMMARY: The Environmental Protection www.regulations.gov or in person at the
301(h) application and develops permit
Agency has submitted an information EPA Docket Center, EPA West, Room
conditions. For revised and renewed
collection request (ICR), ‘‘NSPS for 3334, 1301 Constitution Ave. NW.,
section 301(h) waiver applications, EPA
Commercial and Industrial Solid Waste Washington, DC. The telephone number
also needs the CWA section 401(a)(1)
Incineration (CISWI) Units (Renewal)’’ for the Docket Center is 202–566–1744.
certification information to ensure that
to the Office of Management and Budget For additional information about EPA’s
all state water quality laws are met by
(OMB) for review and approval in public docket, visit http://www.epa.gov/
any permit it issues with a section
accordance with the Paperwork dockets.
301(h) modification, and the state
accepts all the permit conditions. This Reduction Act. This is a proposed Abstract: Owners and operators of
information is the means by which the extension of the ICR, which is currently affected facilities are required to comply
state can exercise its authority to concur approved through June 30, 2017. Public with reporting and recordkeeping
with or deny a section 301(h) decision comments were previously requested requirements for the general provisions
made by the EPA Regional Office. via the Federal Register on May 3, 2016 of 40 CFR part 60, subpart A, as well as
during a 60-day comment period. This the specific requirements at 40 CFR part
Form Numbers: ‘‘None.’’ notice allows for an additional 30 days 60, subpart CCCC. This includes
Respondents/affected entities: Entities for public comments. A fuller submitting initial notifications,
sradovich on DSK3GMQ082PROD with NOTICES

potentially affected by this action are description of the ICR is given below, performance tests and periodic reports
those municipalities that currently have including its estimated burden and cost and results, and maintaining records of
section 301(h) waivers from secondary to the public. An Agency may not the occurrence and duration of any
treatment, or have applied for a renewal conduct or sponsor and a person is not startup, shutdown, or malfunction in
of a section 301(h) waiver, and the states required to respond to a collection of the operation of an affected facility, or
within which these municipalities are information unless it displays a any period during which the monitoring
located. currently valid OMB control number. system is inoperative. These reports are

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Document Created: 2018-11-14 10:17:08
Document Modified: 2018-11-14 10:17:08

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Comments must be submitted on or before August 28, 2017.
Contact		Virginia Fox-Norse, Oceans and Coastal Protection Division, Office of Water, (4504T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone
FR Citation		82 FR 29545