State Petitions for No-Discharge Zones (NDZs), Emergency Orders, Review of National Standards of Performance, and Enhanced Great Lakes System Requirements under CWA Section 312(p) (Final Rule)

Forms and Documents

Document	Type	Status	Availability
2605t02.xlsx	Supplementary Document	Uploaded 2024-10-30	Available
2605ss02.docx	Supporting Statement A	Uploaded 2024-10-30	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
244744	Petition for Emergency Order		Modified
244743	Petition for Review		Modified
244742	Petition to Establish NDZ		Modified

ICR Details

OMB Control No: 2040-0303	ICR Reference No: 202408-2040-001
Status: Received in OIRA	Previous ICR Reference No: 202012-2040-001
Agency/Subagency: EPA/OW	Agency Tracking No: 2605.02
Title: State Petitions for No-Discharge Zones (NDZs), Emergency Orders, Review of National Standards of Performance, and Enhanced Great Lakes System Requirements under CWA Section 312(p) (Final Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/30/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	3	0
Time Burden (Hours)	82	0
Cost Burden (Dollars)	150	0

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Abstract: Clean Water Act section 312(p), titled Uniform National Standards for Discharges Incidental to Normal Operation of Vessels, directs EPA to establish national standards of performance for discharges incidental to the normal operation of commercial vessels greater than 79 feet in length; other non-recreational, non-Armed Forces vessels, such as research and emergency rescue vessels; and ballast water only from small vessels (vessels less than 79 feet in length) and fishing vessels of all sizes. The activities covered by this ICR include petitions from states, as provided for in 312(p), for the establishment of no-discharge zones (NDZs), issuance of emergency orders, review of standards of performance, and establishment of enhanced Great Lakes system requirements. This is not a reporting requirement, nor are there any deadlines associated with these requests. Instead, states may voluntary undertake the burden of pursuing a petition as needed or desired. The information collection burden is largely attributable to the preparation of these petitions by states and EPA's subsequent review of the petitions.

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Authorizing Statute(s): US Code: 33 USC 312(p) Name of Law: Vessel Incidental Discharge Act (VIDA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AF92	Final or interim final rulemaking	89 FR 82074	10/09/2024

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Petition for Emergency Order
Petition for Review
Petition to Establish NDZ

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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	3	0	0	3	0	0
Annual Time Burden (Hours)	82	0	0	82	0	0
Annual Cost Burden (Dollars)	150	0	0	150	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This is a request for a new OMB Control Number to cover the requirements under the final rule for Vessel Incidental Discharge National Standards of Performance.

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Annual Cost to Federal Government: $2,733

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: 10/30/2024

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