Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Establishing No-Discharge Zones (NDZs) Under Clean Water Act Section 312 (Renewal)
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Establishing No-Discharge Zones (NDZs) Under Clean Water Act Section 312 (EPA IC...
The Environmental Protection Agency (EPA) has submitted an information collection request (ICR), Establishing No-Discharge Zones (NDZs) Under Clean Water Act Section 312 (EPA ICR Number 1791.10, OMB Control Number 2040-0187), to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. This is a proposed extension of the ICR, which is currently approved through September 30, 2026. Public comments were previously requested via the
Federal Register
on April 6, 2026, during a 60-day comment period. This notice allows for an additional 30 days for public comments.
DATES:
Comments may be submitted on or before October 26, 2026.
ADDRESSES:
Submit your comments, referencing Docket ID Number EPA-HQ-OW-2008-0150, to EPA online using
www.regulations.gov
(our preferred method) 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.
Submit written comments and recommendations to OMB for the proposed information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
FOR FURTHER INFORMATION CONTACT:
Catherine Brady, Oceans, Wetlands and Communities Division, Office of Wetlands, Oceans and Watersheds, 4504T, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 202-566-2424; email address:
brady.catherine@epa.gov.
SUPPLEMENTARY INFORMATION:
This is a proposed extension of the ICR, which is currently approved through September 30, 2026. 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.
Public comments were previously requested via the
Federal Register
on April 6, 2026, during a 60-day comment period (91 FR 17272). This notice allows for an additional 30 days for public comments. 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
www.epa.gov/​dockets.
Abstract:
Pursuant to Clean Water Act (CWA) section 312, states are authorized to petition EPA for more stringent requirements to apply within state waters for sewage discharges from all vessels, as well as certain discharges from vessels of the Armed Forces. This ICR covers the information collection activities associated with CWA section 312(f) and 312(n).
(A)
Sewage No-Discharge Zones:
CWA section 312(f) and the implementing regulations in 40 CFR part 140 identify the information that must be included in a state's application to EPA to establish a no-discharge zone (NDZ) for vessel sewage for some or all of the
( printed page 60621)
state's waters. In designated vessel sewage NDZs, the discharge of both treated and untreated sewage from vessels is prohibited.
(B)
Uniform National Discharge Standards NDZs and Review of Discharge Determination or Standards:
CWA section 312(n), the Uniform National Discharge Standards (UNDS), requires EPA and the Department of War to establish uniform national discharge standards to control discharges incidental to the normal operation of a vessel of the Armed Forces. CWA section 312(n)(7) and the implementing regulations in 40 CFR part 1700 identify the information that a state must submit to EPA in the state's application to establish an NDZ for one or more UNDS discharges. A state may seek a NDZ designation for any UNDS discharge for which EPA and the Department of War have promulgated national standards of performance and corresponding implementing regulations, respectively. Additionally, CWA section 312(n)(5) provides that that the governor of any state may petition EPA and the Department of War to review any discharge determination or standard promulgated under CWA section 312(n) if there is significant new information that could reasonably result in a change to the discharge determination or standard.
The proposed collection of information is intended to capture the burden on state respondents to develop petitions, as well as the burden on EPA to review the petitions. EPA cannot require state respondents to provide additional information as part of the petition processes beyond what is enumerated in the regulations. This ICR is necessary to fulfill EPA's obligations under the statute to receive and respond to state petitions; however, development and submission of a petition by a state is not required. Instead, a state must develop and submit a petition only when the state wishes to designate an NDZ either for sewage or for an UNDS discharge, or to request a review of an UNDS discharge determination or standard.
Form Numbers:
None.
Respondents/affected entities:
States.
Respondent's obligation to respond:
Required to obtain or retain a benefit (CWA section 312(f)) and CWA section 312(n)).
Estimated number of respondents:
8 (total).
Frequency of response:
One time.
Total estimated burden:
458 hours (per year). Burden is defined at 5 CFR 1320.03(b).
Total estimated cost:
$33,823.53 (per year), which includes $400 annualized capital or operation & maintenance costs.
Changes in the Estimates:
There is a decrease of 118.7 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. The decrease is due to an adjustment to the number of expected respondents, with the EPA expecting fewer applications submitted pursuant to CWA section 312(f)(3) during this renewal cycle. The EPA increased the burden hours for some aspects of petition development based on input from consultations.
Courtney Kerwin,
Deputy Director, Data and Enterprise Programs Division.
Use this for formal legal and research references to the published document.
91 FR 60620
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Establishing No-Discharge Zones (NDZs) Under Clean Water Act Section 312 (Renewal),” thefederalregister.org (September 24, 2026), https://thefederalregister.org/documents/2026-19523/agency-information-collection-activities-submission-to-the-office-of-management-and-budget-for-review-and-approval-comme.