Final Guidance for Vessel Sewage No-Discharge Zone Applications, 38046-38047 [2023-12480]

Download as PDF 38046 Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Notices 3. File Symbol: 101252–G. Docket ID number: EPA–HQ–OPP–2023–0241. Applicant: Lavie-Bio, Gad Feinstein 13, Rehovot 41732 Israel (c/o Delta Analytical Corporation, 12510 Prosperity Drive, Suite 160, Silver Spring, MD 20904). Product name: LAV.311 VC. Active ingredient: Fungicide—Pseudomonas coleopterorum strain 49762 at 20%. Proposed classification/Use: Pre-harvest treatment. Contact: BPPD. 4. File Symbol: 101252–R. Docket ID number: EPA–HQ–OPP–2023–0241. Applicant: Lavie-Bio, Gad Feinstein 13, Rehovot 41732 Israel (c/o Delta Analytical Corporation, 12510 Prosperity Drive, Suite 160, Silver Spring, MD 20904). Product name: LAV.311 C. Active ingredient: Fungicide—Pseudomonas coleopterorum strain 49762 at 20%. Proposed classification/Use: Pre-harvest treatment. Contact: BPPD. 5. File Symbol: 101252–U. Docket ID number: EPA–HQ–OPP–2023–0241. Applicant: Lavie-Bio, Gad Feinstein 13, Rehovot 41732 Israel (c/o Delta Analytical Corporation, 12510 Prosperity Drive, Suite 160, Silver Spring, MD 20904). Product name: LAV.311 WDG. Active ingredient: Fungicide—Pseudomonas coleopterorum strain 49762 at 28%. Proposed classification/Use: Pre-harvest treatment. Contact: BPPD. Authority: 7 U.S.C. 136 et seq. Dated: June 6, 2023. Delores Barber, Director, Information Technology and Resources Management Division, Office of Program Support. [FR Doc. 2023–12409 Filed 6–9–23; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OW–2020–0392; FRL–8323.1–02– OW] Final Guidance for Vessel Sewage NoDischarge Zone Applications Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA) is announcing the availability of the ‘‘Guidance for Vessel Sewage No-Discharge Zone Applications (Clean Water Act Section 312(f)).’’ State officials interested in developing vessel sewage no-discharge zone applications should consult the guidance to understand the information that must be submitted to EPA to meet the regulatory requirements and EPA’s ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:39 Jun 09, 2023 Jkt 259001 process for evaluating applications. The guidance reflects EPA’s consideration of public comments received in response to the agency’s June 27, 2022 Federal Register publication. The contents of this guidance document do not have the force and effect of law and are not meant to bind the public. This document is intended to provide information to State officials regarding existing requirements under the law or agency policies. FOR FURTHER INFORMATION CONTACT: Kelsey Watts-FitzGerald, Oceans, Wetlands, and Communities Division, Office of Water (4504T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; telephone number: 202–566–0232; email address: watts-fitzgerald.kelsey@ epa.gov. SUPPLEMENTARY INFORMATION: I. Background The Clean Water Act (CWA) section 312 establishes the statutory framework through which EPA and the U.S. Coast Guard regulate the discharge of sewage from vessels with installed toilets operating in U.S. navigable waters. EPA is responsible for establishing national standards of performance for marine sanitation devices (MSDs) to prevent inadequately treated sewage from polluting U.S. waters, while the U.S. Coast Guard is responsible for issuing regulations governing the design, construction, certification, installation, and operation of MSDs, consistent with EPA’s standards. MSDs are equipment installed onboard vessels that either treat sewage prior to discharge or store sewage onboard for later disposal. If a State determines that some or all of the State’s waters require greater protection, the CWA allows the State to apply to EPA for the establishment of a vessel sewage no-discharge zone. A vessel sewage no-discharge zone is an area where the discharge of both treated and untreated sewage from vessels is prohibited. There are three different types of vessel sewage no-discharge zones that may be designated under CWA section 312(f). For each type, the State must submit an application to EPA pursuant to the regulatory requirements detailed in 40 CFR 140.4. In 1994, EPA published guidance, ‘‘Protecting Coastal Waters from Vessel and Marina Discharges: A Guide for State and Local Officials, Volume 1. Establishing No-Discharge Areas under § 312 of the Clean Water Act’’ (EPA 842–B–94–004, August 1994), to assist States in preparing applications based on the regulatory requirements. The ‘‘Guidance for Vessel Sewage No- PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 Discharge Zone Applications (Clean Water Act Section 312(f))’’ supersedes the 1994 guidance. II. Overview of the Guidance The guidance provides background information on the environmental impacts of vessel sewage and the regulations in place to protect U.S. waters from this type of discharge. The guidance also explains and clarifies the information that EPA requires in an application and provides examples of the information that the State may choose to include to assist EPA in making an informed decision. The appendices contain sample applications, information on related programs, a walkthrough of the tool that supports EPA’s analysis of costs for one of the three designation types, and strategies States may consider to encourage compliance with a nodischarge zone designation. Key updates made to the guidance since the 1994 version include the addition of new guidance and sample applications for the two CWA section 312(f)(4) designations, as well as updated introductory sections on the impact of sewage discharges and the regulatory framework in place to mitigate these impacts. The guidance also clarifies how to account for mobile pumpout facilities, such as boats and trucks, and provides additional information on how to demonstrate that sewage removed from vessels is being treated in conformance with Federal law. Finally, in the sections pertaining to CWA section 312(f)(3) applications, the guidance distinguishes between recreational and commercial vessels in acknowledgement of differing vessel profiles and pumpout facility needs. Other updates were made to explain EPA’s process for evaluating State applications. The most substantial update to EPA’s review process is the inclusion of a new cost analysis for applications submitted under CWA section 312(f)(3). In addition to describing how EPA may conduct cost analyses for CWA section 312(f)(3) applications, the guidance is also accompanied by a spreadsheet-based tool, the ‘‘No-Discharge Zone Cost Analysis Tool,’’ to help standardize the agency’s approach to evaluating costs. III. Public Comments Received On June 27, 2022, EPA published a Federal Register notice (87 FR 38151) to solicit public comments on the draft guidance. EPA received 10 comments during the 60-day comment period. Commenters provided recommendations regarding the types of information identified as required E:\FR\FM\12JNN1.SGM 12JNN1 Federal Register / Vol. 88, No. 112 / Monday, June 12, 2023 / Notices versus optional for State applications and the inputs to the ‘‘No-Discharge Zone Cost Analysis Tool.’’ Commenters also provided general feedback on the application process, including the timing and nature of communication between EPA, States, and stakeholders. A complete comment response document is available in EPA’s docket. IV. Conclusion The ‘‘Guidance for Vessel Sewage NoDischarge Zone Applications (Clean Water Act Section 312(f))’’ and accompanying ‘‘No-Discharge Zone Cost Analysis Tool’’ are now available for use by State officials in the development of vessel sewage no-discharge zone applications. They are available in the docket and on EPA’s website at https:// www.epa.gov/vessels-marinas-andports/guidance-vessel-sewage-nodischarge-zone-applications. Benita Best-Wong, Deputy Assistant Administrator, Office of Water. [FR Doc. 2023–12480 Filed 6–9–23; 8:45 am] BILLING CODE 6560–50–P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Agency Information Collection Activities: Renewal Without Change of Existing Collection; Comment Request Equal Employment Opportunity Commission. AGENCY: ACTION: Notice. In accordance with the Paperwork Reduction Act of 1995 (PRA), the Equal Employment Opportunity Commission (EEOC or Commission) announces that it intends to submit to the Office of Management and Budget (OMB) a request for a threeyear extension without change of the existing information collection described below. The Commission is seeking comment on the proposed renewal. SUMMARY: Written comments on this notice must be submitted on or before August 11, 2023. ADDRESSES: You may submit comments by any of the following methods— please use only one method: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions on the website for submitting comments. Mail: Comments may be submitted by mail to Raymond Windmiller, Executive Officer, Executive Secretariat, Equal Employment Opportunity Commission, ddrumheller on DSK120RN23PROD with NOTICES1 DATES: VerDate Sep<11>2014 17:39 Jun 09, 2023 Jkt 259001 131 M Street NE, Washington, DC 20507. Fax: Comments totaling six or fewer pages can be sent by facsimile (‘‘fax’’) machine to (202) 663–4114 (this is not a toll-free number). Receipt of fax transmittals will not be acknowledged, except that the sender may request confirmation of receipt by calling the Executive Secretariat staff at (202) 921– 2815 (voice) (this is not a toll-free number) or 800–669–6820 (TTY). Instructions: All comments received must include the agency name and docket number. All comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. However, the EEOC reserves the right to refrain from posting libelous or otherwise inappropriate comments, including those that contain obscene, indecent, or profane language; that contain threats or defamatory statements; that contain hate speech directed at race, color, sex, national origin, age, religion, disability, or genetic information; or that promote or endorse services or products. Copies of comments received are also available for review at the Commission’s library. Copies of comments received in response to this notice will be made available for viewing by appointment only at 131 M Street NE, Suite 4NW08R, Washington, DC 20507. Members of the public may schedule an appointment by sending an email to the following address: OEDA@eeoc.gov. FOR FURTHER INFORMATION CONTACT: Kathleen Oram, Assistant Legal Counsel, (202) 921–2665 and kathleen.oram@eeoc.gov, or Ashley T. Adams, General Attorney, (202) 921– 2697 and ashley.adams@eeoc.gov, Office of Legal Counsel, 131 M Street NE, Washington, DC 20507. Requests for this notice in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 663–4191 (voice) or (202) 663– 4494 (TTY). SUPPLEMENTARY INFORMATION: The Age Discrimination in Employment Act (ADEA) allows for individuals to waive rights and claims protected under the Act, provided certain circumstances are met; particularly that the waiver is knowing and voluntary. In order for an individual’s waiver in connection with a program to be considered knowing and voluntary, the employer must inform the individual in writing in a manner calculated to be understood by the average individual eligible to participate, as to (i) any class, unit, or group of individuals covered by such program, any eligibility factors for such PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 38047 program, and any time limits applicable to such program; and (ii) the job titles and ages of all individuals eligible or selected for the program, and the ages of all individuals in the same job classification or organizational unit who are not eligible or selected for the program. The EEOC’s regulations clarify that the relevant section of the ADEA addresses two principal issues: to whom information must be provided, and what information must be disclosed to such individuals. The purpose of the informational requirements is to provide an employee with enough information regarding the program to allow an employee to make an informed choice whether or not to sign a waiver agreement. The employer does not provide this information to the EEOC; the ADEA and the EEOC’s regulation solely require that the employer provide this information to any employee it would apply to, and not to the Federal government. The EEOC, in accordance with the PRA and OMB regulation 5 CFR 1320.8(d)(1), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the EEOC to assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public to understand the EEOC’s information collection requirements and provide the requested data in the desired format. The EEOC is soliciting comments on the information collection that is described below. The EEOC is especially interested in public comment that will assist the EEOC in the following: (1) Evaluating whether the collection of information is necessary for the proper performance of the Commission’s functions, including whether the collection has practical utility; (2) Evaluating the accuracy of the Commission’s estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) Enhancing the quality, utility, and clarity of the information to be collected; and (4) Minimizing the burden of the collection of information on those who are to respond, including 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. Please note that written comments received in response to this notice will be considered public records. E:\FR\FM\12JNN1.SGM 12JNN1

Agencies

[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38046-38047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12480]


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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2020-0392; FRL-8323.1-02-OW]


Final Guidance for Vessel Sewage No-Discharge Zone Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing the 
availability of the ``Guidance for Vessel Sewage No-Discharge Zone 
Applications (Clean Water Act Section 312(f)).'' State officials 
interested in developing vessel sewage no-discharge zone applications 
should consult the guidance to understand the information that must be 
submitted to EPA to meet the regulatory requirements and EPA's process 
for evaluating applications. The guidance reflects EPA's consideration 
of public comments received in response to the agency's June 27, 2022 
Federal Register publication. The contents of this guidance document do 
not have the force and effect of law and are not meant to bind the 
public. This document is intended to provide information to State 
officials regarding existing requirements under the law or agency 
policies.

FOR FURTHER INFORMATION CONTACT: Kelsey Watts-FitzGerald, Oceans, 
Wetlands, and Communities Division, Office of Water (4504T), 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460; telephone number: 202-566-0232; email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Clean Water Act (CWA) section 312 establishes the statutory 
framework through which EPA and the U.S. Coast Guard regulate the 
discharge of sewage from vessels with installed toilets operating in 
U.S. navigable waters. EPA is responsible for establishing national 
standards of performance for marine sanitation devices (MSDs) to 
prevent inadequately treated sewage from polluting U.S. waters, while 
the U.S. Coast Guard is responsible for issuing regulations governing 
the design, construction, certification, installation, and operation of 
MSDs, consistent with EPA's standards. MSDs are equipment installed 
onboard vessels that either treat sewage prior to discharge or store 
sewage onboard for later disposal. If a State determines that some or 
all of the State's waters require greater protection, the CWA allows 
the State to apply to EPA for the establishment of a vessel sewage no-
discharge zone. A vessel sewage no-discharge zone is an area where the 
discharge of both treated and untreated sewage from vessels is 
prohibited. There are three different types of vessel sewage no-
discharge zones that may be designated under CWA section 312(f). For 
each type, the State must submit an application to EPA pursuant to the 
regulatory requirements detailed in 40 CFR 140.4.
    In 1994, EPA published guidance, ``Protecting Coastal Waters from 
Vessel and Marina Discharges: A Guide for State and Local Officials, 
Volume 1. Establishing No-Discharge Areas under Sec.  312 of the Clean 
Water Act'' (EPA 842-B-94-004, August 1994), to assist States in 
preparing applications based on the regulatory requirements. The 
``Guidance for Vessel Sewage No-Discharge Zone Applications (Clean 
Water Act Section 312(f))'' supersedes the 1994 guidance.

II. Overview of the Guidance

    The guidance provides background information on the environmental 
impacts of vessel sewage and the regulations in place to protect U.S. 
waters from this type of discharge. The guidance also explains and 
clarifies the information that EPA requires in an application and 
provides examples of the information that the State may choose to 
include to assist EPA in making an informed decision. The appendices 
contain sample applications, information on related programs, a 
walkthrough of the tool that supports EPA's analysis of costs for one 
of the three designation types, and strategies States may consider to 
encourage compliance with a no-discharge zone designation.
    Key updates made to the guidance since the 1994 version include the 
addition of new guidance and sample applications for the two CWA 
section 312(f)(4) designations, as well as updated introductory 
sections on the impact of sewage discharges and the regulatory 
framework in place to mitigate these impacts. The guidance also 
clarifies how to account for mobile pumpout facilities, such as boats 
and trucks, and provides additional information on how to demonstrate 
that sewage removed from vessels is being treated in conformance with 
Federal law. Finally, in the sections pertaining to CWA section 
312(f)(3) applications, the guidance distinguishes between recreational 
and commercial vessels in acknowledgement of differing vessel profiles 
and pumpout facility needs.
    Other updates were made to explain EPA's process for evaluating 
State applications. The most substantial update to EPA's review process 
is the inclusion of a new cost analysis for applications submitted 
under CWA section 312(f)(3). In addition to describing how EPA may 
conduct cost analyses for CWA section 312(f)(3) applications, the 
guidance is also accompanied by a spreadsheet-based tool, the ``No-
Discharge Zone Cost Analysis Tool,'' to help standardize the agency's 
approach to evaluating costs.

III. Public Comments Received

    On June 27, 2022, EPA published a Federal Register notice (87 FR 
38151) to solicit public comments on the draft guidance. EPA received 
10 comments during the 60-day comment period. Commenters provided 
recommendations regarding the types of information identified as 
required

[[Page 38047]]

versus optional for State applications and the inputs to the ``No-
Discharge Zone Cost Analysis Tool.'' Commenters also provided general 
feedback on the application process, including the timing and nature of 
communication between EPA, States, and stakeholders. A complete comment 
response document is available in EPA's docket.

IV. Conclusion

    The ``Guidance for Vessel Sewage No-Discharge Zone Applications 
(Clean Water Act Section 312(f))'' and accompanying ``No-Discharge Zone 
Cost Analysis Tool'' are now available for use by State officials in 
the development of vessel sewage no-discharge zone applications. They 
are available in the docket and on EPA's website at https://www.epa.gov/vessels-marinas-and-ports/guidance-vessel-sewage-no-discharge-zone-applications.

Benita Best-Wong,
Deputy Assistant Administrator, Office of Water.
[FR Doc. 2023-12480 Filed 6-9-23; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.