Agency Information Collection Activities: Proposed Collection; Comment Request; Modification of Secondary Treatment Requirements for Discharges Into Marine Waters, EPA ICR Number 0138.09, OMB Control Number 2040-0088, 79467-79470 [E8-30817]

Download as PDF Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5 p.m. Eastern Time on January 6, 2009. Kimberly D. Bose, Secretary. [FR Doc. E8–30745 Filed 12–24–08; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at http://www.ferc.gov, using the ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5 p.m. Eastern Time on January 5, 2008. Federal Energy Regulatory Commission Kimberly D. Bose, Secretary. [FR Doc. E8–30747 Filed 12–24–08; 8:45 am] [Docket No. EL09–2–001] BILLING CODE 6717–01–P Midwest Independent Transmission System Operator, Inc.; Notice of Filing DEPARTMENT OF ENERGY dwashington3 on PROD1PC60 with NOTICES December 18, 2008. Take notice that on December 15, 2008, Midwest Independent Transmission System Operator, Inc., on behalf of itself and the Board of Public Works, Blue Earth, Minnesota filed an executed Settlement Agreement and Explanatory Statement which represents a comprehensive resolution of the issues in Docket No. EL02–000 and in this proceeding, regarding Blue Earth’s eligibility for base load Candidate Auction Revenue Rights, to become effective December 2008, in time for the 2009 and 2010 Auction Revenue Rights allocation. Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies VerDate Aug<31>2005 13:19 Dec 24, 2008 Jkt 217001 Federal Energy Regulatory Commission [Docket No. AD09–2–000] Credit and Capital Issues Affecting the Electric Power Industry; Supplemental Notice of Technical Conference December 18, 2008. As announced in the Notice of Technical Conference issued on November 20, 2008, the Federal Energy Regulatory Commission (Commission) will hold a technical conference on January 13, 2009. The purpose of this conference is to provide the Commission with information on how the recent crisis in the financial markets is affecting the electric industry. The technical conference will explore issues regarding access to and cost of capital for both short-term operations and longer-term investments, as well as credit issues as they pertain to shortterm markets. The technical conference will be held from 1 to 5 p.m. (EST), in the Commission Meeting Room at the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. All interested persons are invited to attend, and registration is not required. The agenda for this conference, with a list of participating panelists, is attached. There will be two panels. The first panel will discuss access to capital and cost of capital for operations and long-term investment. The second panel will discuss credit issues in short-term electricity markets, including a PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 79467 comparison of how credit is managed in other commodity markets. As previously announced, a free Webcast of this event is available through http://www.ferc.gov. Anyone with Internet access who desires to view this event can do so by navigating to http://www.ferc.gov’s Calendar of Events and locating this event in the Calendar. The event will contain a link to its Webcast. The Capitol Connection provides technical support for the Webcasts and offers the option of listening to the meeting via phonebridge for a fee. If you have any questions, visit http:// www.CapitolConnection.org or call 703– 993–3100. All interested persons may file written comments following the technical conference on or before January 30, 2009. This conference will be transcribed. Transcripts of the meeting will be available immediately for a fee from Ace Reporting Company (202–347–3700 or 1–800–336–6646). Commission conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations, please send an e-mail to accessibility@ferc.gov or call toll free 1–866–208–3372 (voice) or 202–208–1659 (TTY), or send a FAX to 202–208–2106 with the required accommodations. For more information about this conference, please contact: Clara Brooks, 202.502.8357, clara.brooks@ferc.gov, for logistical issues, and Scott Miller, 202.502.8456, scott.miller@ferc.gov, or Tina Ham, 202.502.6224, tina.ham@ferc.gov, for other concerns. Kimberly D. Bose, Secretary. [FR Doc. E8–30749 Filed 12–24–08; 8:45 am] BILLING CODE 6717–01–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OW–2003–0033, FRL–8758–2] Agency Information Collection Activities: Proposed Collection; Comment Request; Modification of Secondary Treatment Requirements for Discharges Into Marine Waters, EPA ICR Number 0138.09, OMB Control Number 2040–0088 AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 E:\FR\FM\29DEN1.SGM 29DEN1 dwashington3 on PROD1PC60 with NOTICES 79468 Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on May 31, 2009. 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 February 27, 2009. ADDRESSES: Submit your comments, identified by Docket ID number EPA– HQ–OW–2003–0033, to EPA by one of the following methods: • http://www.regulations.gov. Follow the on-line instructions for submitting comments. • E-mail: OW–Docket@epa.gov. • Fax: (202) 566–9744 • Mail: Water Docket, Environmental Protection Agency, Mail Code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. • Hand Delivery: EPA Docket Center, 1301 Constitution Ave., NW., EPA West, Room 3334, Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. • Instructions: Direct your comments to Docket ID No. EPA–HQ–OW–2003– 0033. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA VerDate Aug<31>2005 13:19 Dec 24, 2008 Jkt 217001 cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. FOR FURTHER INFORMATION CONTACT: Virginia Fox-Norse, Office of Wetlands, Oceans and Watersheds: Oceans and Coastal Protection Division (Mail Code 4504T), U.S. 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. SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID number EPA–HQ–OW–2003–0033, which is available for online viewing at http:// www.regulations.gov, or in person viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC 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. Use http:// www.regulations.gov 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 in this document. What Information Is EPA Particularly Interested in? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits 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, PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 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. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible, and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation. What Information Collection Activity or ICR Does This Apply to? Docket ID No. EPA–HQ–OW–2003– 0033. 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. ICR numbers: EPA ICR No. 0138.09, OMB Control No. 2040–0088. ICR status: This ICR is currently scheduled to expire on May 31, 2009. An Agency may not conduct or sponsor, E:\FR\FM\29DEN1.SGM 29DEN1 dwashington3 on PROD1PC60 with NOTICES Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices 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 title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. 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. The state also provides information on 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 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 VerDate Aug<31>2005 13:19 Dec 24, 2008 Jkt 217001 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 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 79469 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 that 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 discharges from POTWs on marine environments. None of this information is confidential; thus confidentiality is not an issue. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 652 hours per response for POTWs and 86 hours per response for states. 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 which have subsequently changed; 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. The ICR provides a detailed explanation of the Agency’s estimate, which is only briefly summarized here: Estimated total number of potential respondents: 50. Frequency of response: The frequency of response varies from once every five years, to case-by-case, depending on the category of information. E:\FR\FM\29DEN1.SGM 29DEN1 79470 Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices Estimated total average number of responses for each respondent: This varies from once every five years, to case-by-case, depending on the category of information. Estimated total annual burden hours: 61,377 hours. Estimated total annual costs: $1.3 million. This includes an estimated burden cost of $1.3 million and an estimated cost of $0 for capital investment or maintenance and operational costs. The average annual reporting burden varies depending on the size of the respondent and the category of the information collection. Are There Changes in the Estimates From the Last Approval? There will be a decrease in hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects EPA’s estimate of a decrease in the number of respondents, with a corresponding decrease in the total estimated respondent burden. The new revised estimates will be presented when the final ICR package is submitted to OMB review and approval. This change is an adjustment. What is the Next Step in the Process for This ICR? 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 pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT. Dated: December 19, 2008. Craig E. Hooks, Director, Office of Wetlands, Oceans and Watersheds. [FR Doc. E8–30817 Filed 12–24–08; 8:45 am] dwashington3 on PROD1PC60 with NOTICES BILLING CODE 6560–50–P VerDate Aug<31>2005 13:19 Dec 24, 2008 Jkt 217001 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OECA–2008–0899; FRL–8757–5] Agency Information Collection Activities; Proposed Collection; Comment Request; NSPS for Stationary Compression Ignition Internal Combustion Engines; EPA ICR Number 2196.03, OMB Control Number 2060–0590 AGENCY: Environmental Protection Agency. ACTION: Notice. SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). This ICR is scheduled to expire on August 31, 2009. DATES: Comments must be submitted on or before February 27, 2009. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– HQ–OECA–2008–0899 by one of the following methods: • http://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: docket.oeca@epa.gov. • Fax: (202) 566–1511. • Mail: Enforcement and Compliance Docket and Information Center (ECDIC), Environmental Protection Agency, EPA Docket Center (EPA/DC), Mailcode: 2201T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. • Hand Delivery: Enforcement and Compliance Docket and Information Center (ECDIC), Environmental Protection Agency, EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. Deliveries are only accepted during the Docket Center’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID Number EPA–HQ–OECA– 2008–0899. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm. FOR FURTHER INFORMATION CONTACT: Learia Williams; Compliance Assessment and Media Programs Division, Environmental Protection Agency, Mailcode 2223A, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number, (202) 564–4113; fax number (202) 564–0050; or via e-mail to williams.learia@epa.gov. SUPPLEMENTARY INFORMATION: How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for this ICR under Docket ID Number EPA–HQ–OECA–2008–0899 which is available for online viewing at http:// www.regulations.gov, or in person viewing at the Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The EPA/DC 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 Enforcement and Compliance Docket is (202) 566–1752. Use http://www.regulations.gov to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of E:\FR\FM\29DEN1.SGM 29DEN1

Agencies

[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Notices]
[Pages 79467-79470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30817]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2003-0033, FRL-8758-2]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Modification of Secondary Treatment Requirements for 
Discharges Into Marine Waters, EPA ICR Number 0138.09, OMB Control 
Number 2040-0088

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44

[[Page 79468]]

U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). This ICR is 
scheduled to expire on May 31, 2009. 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 February 27, 2009.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OW-2003-0033, to EPA by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: OW-Docket@epa.gov.
     Fax: (202) 566-9744
     Mail: Water Docket, Environmental Protection Agency, Mail 
Code: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center, 1301 Constitution Ave., 
NW., EPA West, Room 3334, Washington, DC 20004. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
     Instructions: Direct your comments to Docket ID No. EPA-
HQ-OW-2003-0033. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/
epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Virginia Fox-Norse, Office of 
Wetlands, Oceans and Watersheds: Oceans and Coastal Protection Division 
(Mail Code 4504T), U.S. 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:

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for this ICR under Docket ID 
number EPA-HQ-OW-2003-0033, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Water Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC 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. Use 
http://www.regulations.gov 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 
in this document.

What Information Is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible, and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Docket ID No. EPA-HQ-OW-2003-0033.
    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.
    ICR numbers: EPA ICR No. 0138.09, OMB Control No. 2040-0088.
    ICR status: This ICR is currently scheduled to expire on May 31, 
2009. An Agency may not conduct or sponsor,

[[Page 79469]]

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 title 40 of the CFR, 
after appearing in the Federal Register when approved, are listed in 40 
CFR part 9, are displayed either by publication in the Federal Register 
or by other appropriate means, such as on the related collection 
instrument or form, if applicable. The display of OMB control numbers 
in certain EPA regulations is consolidated in 40 CFR part 9.
    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. The state also provides information on 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 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 
that 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 discharges from POTWs on marine environments. None of this 
information is confidential; thus confidentiality is not an issue.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 652 
hours per response for POTWs and 86 hours per response for states. 
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 
which have subsequently changed; 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.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 50.
    Frequency of response: The frequency of response varies from once 
every five years, to case-by-case, depending on the category of 
information.

[[Page 79470]]

    Estimated total average number of responses for each respondent: 
This varies from once every five years, to case-by-case, depending on 
the category of information.
    Estimated total annual burden hours: 61,377 hours.
    Estimated total annual costs: $1.3 million. This includes an 
estimated burden cost of $1.3 million and an estimated cost of $0 for 
capital investment or maintenance and operational costs. The average 
annual reporting burden varies depending on the size of the respondent 
and the category of the information collection.

Are There Changes in the Estimates From the Last Approval?

    There will be a decrease in hours in the total estimated respondent 
burden compared with that identified in the ICR currently approved by 
OMB. This decrease reflects EPA's estimate of a decrease in the number 
of respondents, with a corresponding decrease in the total estimated 
respondent burden. The new revised estimates will be presented when the 
final ICR package is submitted to OMB review and approval. This change 
is an adjustment.

What is the Next Step in the Process for This ICR?

    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 pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: December 19, 2008.
Craig E. Hooks,
Director, Office of Wetlands, Oceans and Watersheds.
 [FR Doc. E8-30817 Filed 12-24-08; 8:45 am]
BILLING CODE 6560-50-P