Agency Information Collection Activities: Proposed Collection; Comment Request; Modification of Secondary Treatment Requirements for Discharges Into Marine Waters, EPA ICR Number 0138.08, OMB Control Number 2040-0088, 35082-35084 [05-11916]

Download as PDF 35082 Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices Legal Authority Since the proposed rates constitute a major rate adjustment as defined by 10 CFR part 903, Western will hold both public information forum and public comment forums. After review of public comments, and possible amendments or adjustments, Western will recommend the Deputy Secretary of Energy approve the proposed rates on an interim basis. Western is establishing the firm electric service rates for P-SMBP—ED under the Department of Energy Organization Act (42 U.S.C. 7152); the Reclamation Act of 1902 (ch. 1093, 32 Stat. 388), as amended and supplemented by subsequent laws, particularly section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C. 485h(c)); and other acts that specifically apply to the projects involved. By Delegation Order No. 00–037.00, effective December 6, 2001, the Secretary of Energy delegated: (1) The authority to develop power and transmission rates to Western’s Administrator; (2) the authority to confirm, approve, and place such rates into effect on an interim basis to the Deputy Secretary of Energy; and (3) the authority to confirm, approve, and place into effect on a final basis, to remand, or to disapprove such rates to the Commission. Existing Department of Energy (DOE) procedures for public participation in power rate adjustments (10 CFR part 903) were published on September 18, 1985 (50 FR 37835). Availability of Information All brochures, studies, comments, letters, memorandums, or other documents that Western initiates or uses to develop the proposed rates are available for inspection and copying at the Upper Great Plains Regional Office, located at 2900 4th Avenue North, Billings, MT. Many of these documents and supporting information are also available on its Web site under the ‘‘2006 Firm Rate Adjustment’’ section located at http://www.wapa.gov/ugp/ rates/2006FirmRateAdj. Regulatory Procedure Requirements Regulatory Flexibility Analysis The Regulatory Flexibility Act of 1980 (5 U.S.C. 601, et seq.) requires Federal agencies to perform a regulatory flexibility analysis if a final rule is likely to have a significant economic impact on a substantial number of small entities and there is a legal requirement to issue a general notice of proposed rulemaking. This action does not require a regulatory flexibility analysis since it is a rulemaking of particular VerDate jul<14>2003 15:42 Jun 15, 2005 Jkt 205001 applicability involving rates or services applicable to public property. Environmental Compliance In compliance with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.); Council on Environmental Quality Regulations (40 CFR parts 1500–1508); and DOE NEPA Regulations (10 CFR part 1021), Western has determined this action is categorically excluded from preparing an environmental assessment or an environmental impact statement. Determination Under Executive Order 12866 Western has an exemption from centralized regulatory review under Executive Order 12866; accordingly, no clearance of this notice by the Office of Management and Budget is required. Small Business Regulatory Enforcement Fairness Act Western has determined that this rule is exempt from congressional notification requirements under 5 U.S.C. 801 because the action is a rulemaking of particular applicability relating to rates or services and involves matters of procedure. Dated: June 8, 2005. Michael S. Hacskaylo, Administrator. [FR Doc. 05–11884 Filed 6–15–05; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [OW–2003–0033, FRL–7924–8] Agency Information Collection Activities: Proposed Collection; Comment Request; Modification of Secondary Treatment Requirements for Discharges Into Marine Waters, EPA ICR Number 0138.08, OMB Control Number 2040–0088 Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a continuing Information Collection Request (ICR) to the Office of Management and Budget (OMB). This is a request to renew an existing approved collection. This ICR is scheduled to expire on September 30, 2005. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 proposed information collection as described below. DATES: Comments must be submitted on or before August 15, 2005. Submit your comments, referencing docket ID number OW– 2003–0033, to EPA online using EDOCKET (our preferred method), by email to OW–Docket@epa.gov, or by mail to: EPA Docket Center, Environmental Protection Agency, Water Docket, Mail Code: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. FOR FURTHER INFORMATION CONTACT: Virginia Fox-Norse, Office of Wetlands, Oceans and Watersheds: Oceans and Coastal Protection Division (Mail Code 4504T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number (202) 566–1266; fax number: (202) 566–1337; e-mail address: foxnorse.virginia@epa.gov. ADDRESSES: EPA has established a public docket for this ICR under Docket ID number OW–2003– 0033, which is available for public viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566–1744, and the telephone number for the Water docket is (202) 566–2426. An electronic version of the public docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select ‘‘search,’’ then key in the docket ID number identified above. Any comments related to this ICR should be submitted to EPA within 60 days of this notice. EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EDOCKET as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose public disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EDOCKET. The entire printed comment, including the copyrighted material, will SUPPLEMENTARY INFORMATION: E:\FR\FM\16JNN1.SGM 16JNN1 Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices be available in the public docket. Although identified as an item in the official docket, information claimed as CBI, or whose disclosure is otherwise restricted by statute, is not included in the official public docket, and will not be available for public viewing in EDOCKET. For further information about the electronic docket, see EPA’s Federal Register notice describing the electronic docket at 67 FR 38102 (May 31, 2002), or go to http://www.epa.gov./ edocket. Affected entities: Entities potentially affected by this action are those municipalities that currently have section 301(h) waivers from secondary treatment, have applied for a renewal of a section 301(h) waiver, or those with a pending section 301(h) waiver application, and the states within which these municipalities are located. Title: Modification of Secondary Treatment Requirements for Discharges Into Marine Waters 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 that seeks a section 301(h) waiver does so voluntarily to obtain or retain a benefit. A section 301(h) waiver modifies secondary treatment requirements of CWA section 301(b)(1)(B). Secondary treatment requirements establish technology-based effluent limitations for biochemical oxygen demand (BOD), suspended solids (SS), and pH (a measure of acidity or alkalinity) (40 CFR part 133). A POTW seeking to obtain a section 301(h) waiver, 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. VerDate jul<14>2003 15:42 Jun 15, 2005 Jkt 205001 There are 4 situations where information will be required under the section 301(h) program: (1) A POTW continuing the application process for a section 301(h) waiver, or reapplying for a 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 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 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 35083 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. The information covered by this information collection request involves treatment plant operating data, effects of POTWs’ discharges on marine environments, and States’ viewpoints on issues concerning effects of POTWs’ discharges on marine environments. None of this information is confidential; thus confidentiality is not an issue. 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. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. The EPA would like to solicit comments 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 E:\FR\FM\16JNN1.SGM 16JNN1 35084 Federal Register / Vol. 70, No. 115 / Thursday, June 16, 2005 / Notices collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Burden Statement: The estimated annual average burden for the 51 respondents totals 65,037 hours for this information collection. The average annual reporting burden varies depending on the size of the respondent and the category of the information collection. The frequency of response varies from once every five years, to case-by-case, depending on the category. The annual reporting and recordkeeping burden for this collection of information is estimated to average 667 hours per response for POTWs and 86 hours per response for States. There are no applicable projected cost burdens for respondents or record keepers resulting from the collection of information, for a total capital and startup cost component annualized over its expected useful life, a total operation and maintenance component, or a purchase of services component. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Dated: June 6, 2005. Diane Regas, Director, Office of Wetlands, Oceans and Watersheds. [FR Doc. 05–11916 Filed 6–15–05; 8:45 am] BILLING CODE 6560–50–P FEDERAL ELECTION COMMISSION Sunshine Act; Meeting Tuesday, June 21, 2005 at 10 a.m. PLACE: 999 E Street, NW., Washington, DC. STATUS: This Meeting Will Be Closed to the Public. ITEMS TO BE DISCUSSED: Compliance matters pursuant to 2 U.S.C. 437g. Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, U.S.C. DATE AND TIME: VerDate jul<14>2003 15:42 Jun 15, 2005 Jkt 205001 Matters concerning participation in civil actions or proceedings or arbitration. Internal personnel rules and procedures or matters affecting a particular employee. Thursday, June 23, 2005, at 10 a.m. PLACE: 999 E Street, NW., Washington, DC (Ninth Floor). STATUS: This Meeting Will Be Open to the Public. ITEMS TO BE DISCUSSED: Correction and Approval of Minutes. Advisory Opinion 2005–06: Friends of McInnis Canyons National Conservation Area and former Representative Scott McInnis and Friends of Scott McInnis, Inc. by Treasurer, Orville F. Petersen. Final Rules and Explanation and Justification for Candidate Solicitation at State, District and Local Party Fundraising Events (11 CFR 300.64). Final Rules and Explanation and Justification for Definitions of ‘‘Agent’’ for BCRA Regulations on Non-Federal Funds and Coordinated and Independent Expenditures (11 CFR 109.3 and 300.2(b)). Final Rules and Explanation and Justification for Payroll Deductions by Member Corporations for Contributions to a Trade Association’s Separate Segregated Fund. Routine Administrative Matters. FOR FURTHER INFORMATION CONTACT: Mr. Robert Biersack, Press Officer, Telephone: (202) 694–1220. DATE AND TIME: Mary W. Dove, Secretary of the Commission. [FR Doc. 05–12025 Filed 6–14–05; 2:37 am] BILLING CODE 6715–01–M FEDERAL MARITIME COMMISSION Notice of Agreements Filed The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may obtain copies of agreements by contacting the Commission’s Office of Agreements at (202) 523–5793 or via e-mail at tradeanalysis@fmc.gov. Interested parties may submit comments on an agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within 10 days of the date this notice appears in the Federal Register. Agreement No.: 002206–004. Title: California Association of Port Authorities and Northwest Marine Terminals Association Interconference Agreement. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 Parties: California Association of Port Authorities and Northwest Marine Terminals Association. Filing Party: Timothy Schott, Association Secretary; California Association of Port Authorities; 1510 14th Street; Sacramento, California 95814. Synopsis: The amendment changes the succession order of officers and the makeup of the Executive Committee and expands the scope of the agreement’s planning to include labor practices, infrastructure development, railroad practices and environmental policy. It also makes technical changes to the agreement. Agreement No.: 007345–022. Title: California Association of Port Authorities Agreement. Parties: Port of Stockton; Port of Sacramento; Port of Redmond City; Port of Hueneme; Port of San Diego; Port of Richmond; Port of Los Angeles; Port of Long Beach; Port of Oakland; Encinal Terminals; Humboldt Bay Harbor District. Filing Party: Timothy Schott, Association Secretary; California Association of Port Authorities; 1510 14th Street; Sacramento, California 95814. Synopsis: The amendment changes the succession order of officers and the makeup of the Executive Committee and expands the scope of the agreement’s planning to include labor practices, infrastructure development, railroad practices and environmental policy. It also makes technical changes to the agreement. Agreement No.: 011325–032. Title: Westbound Transpacific Stabilization Agreement. Parties: American President Lines, Ltd./APL Co. Pte Ltd.; China Shipping Container Lines Co., Ltd.; COSCO Container Lines Company Limited; Evergreen Marine Corporation (Taiwan), Ltd.; Hanjin Shipping Co., Ltd.; HapagLloyd Container Line GmbH; Kawasaki Kisen Kaisha, Ltd.; Mitsui O.S.K. Lines, Ltd.; A. P. Hyundai Merchant Marine Co. Ltd.; Kawasaki Kisen Kaisha Ltd.; Mitsui O.S.K. Lines, Ltd.; Nippon Yusen Kaisha Line; Orient Overseas Container Line Limited; P&O Nedlloyd B.V.; P&O Nedlloyd Limited and Yangming Marine Transport Corp. Filing Party: David F. Smith, Esq.; Sher & Blackwell, LLP; 1850 M Street, NW., Suite 900; Washington, DC 20036. Synopsis: The amendment reflects the withdrawal of Mitsui O.S.K. Lines, Ltd., effective June 12, 2005. Agreement No.: 011516–005. Title: Voluntary Intermodal Sealift Discussion Agreement. E:\FR\FM\16JNN1.SGM 16JNN1

Agencies

[Federal Register Volume 70, Number 115 (Thursday, June 16, 2005)]
[Notices]
[Pages 35082-35084]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11916]


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ENVIRONMENTAL PROTECTION AGENCY

[OW-2003-0033, FRL-7924-8]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Modification of Secondary Treatment Requirements for 
Discharges Into Marine Waters, EPA ICR Number 0138.08, OMB Control 
Number 2040-0088

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that EPA is planning to submit a 
continuing Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on September 30, 
2005. Before submitting the ICR to OMB for review and approval, EPA is 
soliciting comments on specific aspects of the proposed information 
collection as described below.

DATES: Comments must be submitted on or before August 15, 2005.

ADDRESSES: Submit your comments, referencing docket ID number OW-2003-
0033, to EPA online using EDOCKET (our preferred method), by e-mail to 
OW-Docket@epa.gov, or by mail to: EPA Docket Center, Environmental 
Protection Agency, Water Docket, Mail Code: 4101T, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Virginia Fox-Norse, Office of 
Wetlands, Oceans and Watersheds: Oceans and Coastal Protection Division 
(Mail Code 4504T), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number (202) 566-1266; fax 
number: (202) 566-1337; e-mail address: fox-norse.virginia@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OW-2003-0033, which is available for public 
viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA 
West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA 
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding legal holidays. The telephone number 
for the Reading Room is (202) 566-1744, and the telephone number for 
the Water docket is (202) 566-2426. An electronic version of the public 
docket is available through EPA Dockets (EDOCKET) at http://
www.epa.gov/edocket. Use EDOCKET to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the public docket, and to access those 
documents in the public docket that are available electronically. Once 
in the system, select ``search,'' then key in the docket ID number 
identified above.
    Any comments related to this ICR should be submitted to EPA within 
60 days of this notice. EPA's policy is that public comments, whether 
submitted electronically or in paper, will be made available for public 
viewing in EDOCKET as EPA receives them and without change, unless the 
comment contains copyrighted material, CBI, or other information whose 
public disclosure is restricted by statute. When EPA identifies a 
comment containing copyrighted material, EPA will provide a reference 
to that material in the version of the comment that is placed in 
EDOCKET. The entire printed comment, including the copyrighted 
material, will

[[Page 35083]]

be available in the public docket. Although identified as an item in 
the official docket, information claimed as CBI, or whose disclosure is 
otherwise restricted by statute, is not included in the official public 
docket, and will not be available for public viewing in EDOCKET. For 
further information about the electronic docket, see EPA's Federal 
Register notice describing the electronic docket at 67 FR 38102 (May 
31, 2002), or go to http://www.epa.gov./edocket.
    Affected entities: Entities potentially affected by this action are 
those municipalities that currently have section 301(h) waivers from 
secondary treatment, have applied for a renewal of a section 301(h) 
waiver, or those with a pending section 301(h) waiver application, and 
the states within which these municipalities are located.
    Title: Modification of Secondary Treatment Requirements for 
Discharges Into Marine Waters
    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 that seeks a section 301(h) waiver does so 
voluntarily to obtain or retain a benefit. A section 301(h) waiver 
modifies secondary treatment requirements of CWA section 301(b)(1)(B). 
Secondary treatment requirements establish technology-based effluent 
limitations for biochemical oxygen demand (BOD), suspended solids (SS), 
and pH (a measure of acidity or alkalinity) (40 CFR part 133). A POTW 
seeking to obtain a section 301(h) waiver, 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 continuing the application process for a section 301(h) 
waiver, or reapplying for a 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 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.
    The information covered by this information collection request 
involves treatment plant operating data, effects of POTWs' discharges 
on marine environments, and States' viewpoints on issues concerning 
effects of POTWs' discharges on marine environments. None of this 
information is confidential; thus confidentiality is not an issue. 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. The OMB control numbers for EPA's regulations 
in 40 CFR are listed in 40 CFR part 9.
    The EPA would like to solicit comments 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

[[Page 35084]]

collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    Burden Statement: The estimated annual average burden for the 51 
respondents totals 65,037 hours for this information collection. The 
average annual reporting burden varies depending on the size of the 
respondent and the category of the information collection. The 
frequency of response varies from once every five years, to case-by-
case, depending on the category. The annual reporting and recordkeeping 
burden for this collection of information is estimated to average 667 
hours per response for POTWs and 86 hours per response for States. 
There are no applicable projected cost burdens for respondents or 
record keepers resulting from the collection of information, for a 
total capital and startup cost component annualized over its expected 
useful life, a total operation and maintenance component, or a purchase 
of services component. Burden means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
or disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.

    Dated: June 6, 2005.
Diane Regas,
Director, Office of Wetlands, Oceans and Watersheds.
[FR Doc. 05-11916 Filed 6-15-05; 8:45 am]
BILLING CODE 6560-50-P