Modification of Secondary Treatment Requirements for Discharges into Marine Waters (Renewal)

Forms and Documents

Document Name	Status
0138ss12.docx Supporting Statement A	2021-03-02
Burden Tables for the 301(h).xlsx Supplementary Document	2021-03-02

IC Document Collections

IC ID	Document Title	Status
23609	Modification of Secondary Treatment Requirements for Discharges into Marine Waters	Modified

ICR Details

OMB Control No: 2040-0088	ICR Reference No: 202103-2040-001
Status: Received in OIRA	Previous ICR Reference No: 201711-2040-001
Agency/Subagency: EPA/OW	Agency Tracking No: 0138.12
Title: Modification of Secondary Treatment Requirements for Discharges into Marine Waters (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 03/02/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2021
Responses	71	80
Time Burden (Hours)	44,985	40,040
Cost Burden (Dollars)	0	0

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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. A POTW holding a current waiver or reapplying for a waiver provides application, monitoring, and toxic control program information. The state provides information on its determination whether the discharge under the proposed conditions of the waiver ensures the protection of water quality, biological habitats, and beneficial uses of receiving waters and whether the discharge will result in additional treatment, pollution control, or any other requirement for any other point or nonpoint sources. The state also provides information to certify that the discharge will meet all applicable state laws and that the state accepts all permit conditions.

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Authorizing Statute(s): PL: Pub.L. 92 - 500 301(h) Name of Law: Clean Water Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 48241	08/10/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 11998	03/01/2021
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Modification of Secondary Treatment Requirements for Discharges into Marine Waters

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	71	80	0	0	-9	0
Annual Time Burden (Hours)	44,985	40,040	0	0	4,945	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Since the last ICR was submitted, the universe of POTWs in the CWA section 301(h) program and subject to the information requirements has decreased. This is because three POTWs have withdrawn from the program or been denied their application to renew the modified permits. The number of state respondents is unchanged, however. There are also changes in the distribution of the burden over the three years covered by this ICR because program status and information needs have changed. There was a program adjustment. 2 POTWs were recategorized from small to large to correct a clerical error. Large POTWs have higher burdens. The total burden in the current ICR has increased by 4,945 hours. Table A-13 of the appendix explains the reasons for the changes.

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Annual Cost to Federal Government: $411,131

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 03/02/2021

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