i 

### THE INFORMATION COLLECTION REQUEST (ICR)

SUPPORTING STATEMENT

Establishing No

- discharge Zones (NDZs) under Clean Water Act §312 (Renewal) EPA ICR Number 1791.07 , OMB Control Number 2040

- 0187

Prepared by

Environmental Protection Agency Oceans and Coastal Protection Division

Washington, D.C.

Published December 2015

Prepared by Oceans and Coastal Protection Division of the Office of Wetlands, Oceans, and Watershedsii TABLE OF CONTENTS

Part A Introduction

................................ ................................ ................................ ................. 1 Organization of Information Collection Request Statement

................................ ................... 2 Approach Taken in this Information Collection Request Statement

................................ ....... 2

CHAPTER I Chapter I : Supporting Statement for the Establishment of No

- discharge Zones for Discharges Incidental to the Normal Operation of Armed Forces Vessels under CWA Section 312(n)

................................ ................................ ................................ ...................... 4

SECTION 1: Identification of the Information Collection

................................ ...................... 4 1(a): Title of the Informat ion Collection

................................ ................................ ............... 4 1(b): Short Characterization/Abstract

................................ ................................ ................. 4

SECTION 2: Need for and Use of the Collection

................................ ............................... 5 2(a): Need/Authority for the Collection

................................ ................................ .............. 5 2(b): Practical Utility/Users of the Data

................................ ................................ ............. 6

SECTION 3: Non

- duplication, Public Notice, Consultations, and Other Collection Criteria

. 7 3(a): Non

- duplication

................................ ................................ ................................ .......... 7 3(b): Public Notice Required Prior to ICR Submission to OMB

................................ ......... 7 3(c): Consultatio ns
................................ ................................ ................................ ............ 8 3(d): Effec ts of Less Frequent Collection

................................ ................................ ........... 8 3(e): General Guidelines

................................ ................................ ................................ .... 8 3(f): Confidentiality

................................ ................................ ................................ .............. 8 3(g): Sensitive Questions

................................ ................................ ................................ .... 9

SECTION 4: The Respondents and the Information Requested

................................ ......... 6iii

4(a): Respondents/SIC Codes

................................ ................................ ........................... 9 4(b): Information Requested

................................ ................................ ............................... 9

SECTION 5: The Information Collected – Agency Activities, Collection Methodolo gy, and Information Management

................................ ................................ ................................ ...... 11 5(a): Agency Activities

................................ ................................ ................................ ....... 11 5(b): Collecti on Methodology and Management

................................ ................................ . 13 5( c): Small Entity Flexibility

................................ ................................ ............................... 14 5(d): Collection Schedule

................................ ................................ ................................ .. 14

SECTION 6: Estimating the Burde n and Costs of the Collection

................................ ....... 15 6(a): Estimating Respondent Burden

................................ ................................ ................. 15 6(b): Es timating Respondent Costs

................................ ................................ ................... 16 6(c): Estimating Agency (EPA) Burden and Cost

................................ ............................. 17 6(d): Bottom Line Burden Hours and Cost Tables

................................ ............................ 19 6(e): Burden Sta tement

................................ ................................ ................................ ..... 19

CHAPTER II Chapter II : Supporting Statement for the Establishment of No

- discharge Zones for Vessel Sewage under CWA Section 312(f )(3) and 312(f)(4)(A) and (B)

................................ .... 21

SECTION 1: Identification of the Information Collection

................................ ..................... 21 1(a): Title of the Information Collection

................................ ................................ .............. 21 1(b): S h ort Characterization/Abstract

................................ ................................ ................ 21

SECTION 2: Need for and Use of the Collection

................................ ............................. 22 2(a): Need /Authority for the Collection

................................ ................................ ............ 22 2(b): Practi cal Utility/Users of the Data

................................ ................................ ........... 24iv

SECTION 3: Non

- duplication, Public Notice, Consultations, and Other Collection Criteria 25 3(a): Non

- duplication

................................ ................................ ................................ ........ 26 3(b): Public Notice Required P rior to ICR Submission to OMB

................................ ....... 27 3(c): C onsultations (Not applicable)

................................ ................................ ................. 27 3(d): Effect s of Less Frequent Collection

................................ ................................ ......... 28 3(e): General Guidelines

................................ ................................ ................................ .. 28 3(f) : Confidentiality

................................ ................................ ................................ ............ 28 3(g): Sensi tive Questions

................................ ................................ ................................ .. 28

SECTION 4: The Respondents and the Information Requested

................................ ....... 28 4(a): Respondents/SIC Codes

................................ ................................ ......................... 28 4(b): Information Requested

................................ ................................ ............................. 29

SECTION 5: The Information Collected – Agency Activities, Collection Methodology, and Information Management

................................ ................................ ................................ ..... 32 5(a): Agency Activities

................................ ................................ ................................ ...... 32 5(b): Collecti on Methodology and Management

................................ ................................ 34 5(c): Small Entity Flexibility

................................ ................................ .............................. 34 5(d): Collection Schedule

................................ ................................ ................................ . 34

SECTION 6: Estimating the Burde n and Costs of the Collection

................................ ...... 35 6(a): Estimating Respondent Burden

................................ ................................ ................ 35 6(b): Est imating Respondent Costs

................................ ................................ .................. 37 6(c): Estimating Agency (EPA) Burden and Cost

................................ ............................ 40 6(d): Bottom Line Burden Hours and Cost Tables

................................ ........................... 43 6(e): Burden Statement

................................ ................................ ................................ .... 43v

APPENDIX TABLES

—

Attached excel file

Table 1 : Establishment of No

- discharge Zone by State Pro hibition, Respondent (State Agency) Burden Hours and Costs [40 CFR § 1700.9]

Table 2 : Establishment of No

- discharge Zone by EPA Prohibition, Respondent (State Agency) Burden Hours and Costs [40 CFR § 1700.10]

Table 3 : Petition for Review, Respondent (State Agency) Burden Hours and Costs [40 CFR § 1700.12]

Table 4 : Establishment of No

- discharge Zone by State Prohibition, Agency (EPA) Burden Hours and Costs [40 CFR § 1700.9]

Table 5 : Establishment of No

- discharge Zone by EPA Prohibition, Agency (EPA) Burden Hours and Costs [40 CFR § 1700.10]

Table 6 : Petition for Review, Agency (EPA) Burden Hours and Costs [40 CFR § 1700.12]

Table 7 : Total Estimated Respondent (State Agency) Burd en and Cost Summary

Table 8 : Total Estimated Agency (EPA) Burden and Cost Summary

Table 9 : State No

- discharge Zone Applications under 40 CFR 140.4(a)

Table 10 : No

- discharge Zone Application Review by EPA under 40 CFR 140.4(a)vi

Table 11 : State No

- dis charge Zone Applications under 40 CFR 140.4(b)

Table 12 : No

- discharge Zone Application Review by EPA under 40 CFR 140.4(b)

Table 13 : State No

- discharge Zone Applications under 40 CFR 140.4(c)

Table 14 : No

- discharge Zone Application Review by EPA unde r 40 CFR 140.4(c)

Table 15 : Total Estimated Respondent (State Agency) Burden and Cost Summary for Establishing NDZs for Vessel Sewage

Table 16 : Total Estimated Agency (EPA) Burden and Cost Summary for Establishing NDZs for Vessel Sewage

ATTACHMENTS

Attachment A: Summary Table for Information Collection under CWA Section 3121

ESTABLISHING NO

- DISCHARGE ZONES (NDZs) UNDER CLEAN WATER ACT SECTION 312 (Renewal)

ICR # 1791.07
OMB Control # 2040

- 0187

PART A
Introduction This document responds to the requirements of the Paperwork Reduction Act. The purposes of the Paperwork Reduction Act of 1980 (P. L. 96

- 511) and implementing regulations (44 U.S.C. Chapter 35) are to: 1) minimize the Federal paperwork burden for
small b usinesses, state and local governments, and other individuals; 2) minimize the Federal government's cost of collecting, maintaining, using, and disseminating information; and 3) maximize the usefulness of information collected by Federal agencies.

This application is made by the Oceans and Coastal Protection Division in the Office of Water, U.S. Environmental Protection Agency (EPA). As will be demonstrated in this application, the proposed information collection activities are accomplished by the least burdensome and costly means; are not duplicated by other sources; and are pivotal to EPA's responsibilities in the establishment of no - discharge zones (NDZs) for treated or untreated vessel sewage discharges and for discharges incidental to the normal ope ration
of vessels of the Armed Forces under Clean Water Act (CWA) section 312.2

Organization of Information Collection Request Statement This document follows the format for Information Collection Requests (ICR) outlined in the
Information Collection Revi ew Handbook (Office of Management and Budget, 1989) and
the Instructions for Standard Form 83 (revised version dated September 1983). No exceptions to this format are taken. Those topics identified in the Information Collection
Review Handbook , which are not relevant to this application, are noted and the basis for
this determination stated.

Approach Taken in this Information Collection Request This ICR analysis addresses activity associated with two activities, described separately in Chapt ers 1 and 2. Chapter 1 discusses information collection needs that result from NDZs that prohibit the discharges (other than sewage) incidental to the normal operation of vessels of the Armed Forces. Chapter 2 discusses information collection needs that r esult from NDZs that prohibit sewage discharges from vessels.

Some of the information collection and record keeping requirements under this program are "borderline" relative to the requirements to prepare and submit an ICR as defined in the
Information Co llection Review Handbook . However, a conservative approach (i.e., overstate potential burden and costs) has been taken throughout this analysis, and all information collection and record keeping requirements associated with establishing NDZs
have been des cribed, regardless of the magnitude of the burden.

This ICR was developed based on program office knowledge of the process, a review of selected NDZ applications similar to those being called for under this ICR, a review of3

EPA's guidance on establishin g NDZs under §312 of the Clean Water Act, a review of the literature on vessel discharge, and interviews with Federal and local officials working on vessel discharge issues.4



### Chapter I. Supporting Statement for the Establishment of No

discharge Zones for Discharges Incidental to the Normal Operation of a vessel of the Armed Forces under CWA Section 312(n) (Renewal)

.

SECTION 1: Identification of the Information Collection

1(a): Title of the Information Collection
Establis hing No

- D ischarge Zones U nde r Clean Water Act §312 (Renewal)

1(b): Short Characterization/Abstract Section 312(n) of the Clean Water Act (“Uniform National Discharge Standards for Vessels of the Armed Forces” or “UNDS”) calls for the promulgation of standards and regulations
for th e control of discharges (other than sewage) incidental to the normal operation of
vessels of the Armed Forces. Once such regulations have been promulgated, states and their political subdivisions will be pre

- empted from adopting or enforcing any of their own statutes or regulations regarding these discharges. However, no - discharge zones (“NDZs”) may be established by either state prohibition or EPA prohibition following the procedures published in 40 CFR Part 1700 . The purpose of this chapter of the ICR is to discuss the information that will be required from a state if it decides to establish an NDZ by state prohibition or apply for an NDZ by EPA prohibition , for discharges (other than sewage) incidental to the n ormal operation of Armed Forces vessels

.5

UNDS also provides that the Governor of any state may petition EPA and the Secretary of Defense to review any determination or standard promulgated under UNDS if there is significant new information that could reas onably result in a change to the determination or standard. This chapter of the ICR also discusses the information that will be required from

a state if it decides to submit such a petition.

SECTION 2: Need for and Use of the Collection

2(a): Need/Aut hority for the Collection 1) NDZ by State Prohibition: In order for a state to prohibit a discharge incidental to the normal operation of vessels of the Armed Forces , EPA must make the following determinations: I) that adequate facilities for the safe an d sanitary removal of the discharge are reasonably available for the waters to which the prohibition would apply; and ii) that the prohibition will not have the effect of discriminating against a vessel of the Armed Forces by reason of the ownership or ope ration by the Federal Government, or the military function, of the vessel (see CWA section 312(n)(7)(A), 33 USC 1322(n)(7)(A)). The state must provide EPA enough information to be able to make those determinations. The specific information being requeste d is listed in 40 CFR 1700.9(a).

2) NDZ by EPA Prohibition: In order for EPA to prohibit a discharge incidental to the normal operation of an Armed Forces vessel (upon application of a state ), EPA must make the following determinations: I) that the pro tection and enhancement of the quality of the specified waters require a prohibition of the discharge; ii) that adequate facilities for the safe and sanitary removal of the discharge are reasonably available for the waters to6

which the prohibition would ap ply; and iii) that the prohibition will not have the effect of discriminating against a vessel of the Armed Forces by reason of the ownership or operation by the Federal Government, or the military function, of the vessel (see CWA section 312(n)(7)(B), 33 USC 1322(n)(7)(B)). The state must provide EPA enough information to be able to make those determinations. The specific information being requested is listed in proposed 40 CFR 1700.10(a).

3) Petition for review: A state may request that EPA and the Secretary of Defense review i) a determination of whether an UNDS discharge will require a control, or ii) a standard of performance for a control on an UNDS discharge, by submitting a petition which discusses significant new s cientific and technical information that could reasonably result in a change to the determination or standard (see CWA section 312(n)(5)(D), 33 USC 1322(n)(5)(D)). The state must provide EPA this information and a discussion of
how the information is rele vant to one or more of the seven factors which EPA and the Secretary of Defense are required to consider in making these determinations and standards (see CWA section 312(n)(2)(B), 33 USC 1322(n)(2)(B)). These requirements are listed in proposed 40 CFR 17 00.12 (see Attachment B).

2(b): Practical Utility/Users of the Data 1) NDZ by State Prohibition: The information requested from the state will be used by EPA to make the determinations it is required to make by law in order for a state prohibition to go into effect. 2) NDZ by EPA Prohibition: The information requested from the state will be used by7

EPA to make the determinations it is required to make by law in order to establish an
NDZ. 3) Petition for review: The information requested from the state will be used by EPA and the Secretary of Defense in order to review any determinations and standards promulgated
under UNDS.

SECTION 3: Non

- duplication, Public Notice, Consultations, and Other Collection Criteria

3(a): Non

- duplication 1) NDZ by State Prohibition: EPA is responsible for two determinations necessary for an NDZ by state prohibition to be effective under CWA section 312(n)(7)(A). There is no duplication of effort in the NDZ application process.

2) NDZ by EPA Prohibition: EPA is r esponsible for the approval of an NDZ by EPA prohibition under CWA section 312(n)(7)(B). There is no duplication of effort in the NDZ application process.

3) Petition for review: EPA and the Secretary of Defense are responsible for reviewing
determinat ions and standards upon petition by a state . There is no duplication of effort in
the petition for review process.

3(b): Public Notice Required Prior to ICR Submission to OMB
The announcement of this ICR was made in the Federal Register on 08/19/2015 , 8 0 FR
50276 under EPA

- HQ

- OW

- 2008

- 0150

. It was titled “ Agency Information Collection8

Activities; Proposed Collection; Comment Request; Establishing No

- Discharge Zones Under Clean Water Act Section 312 ( Renewal ); EPA ICR No. 1791.07 ; OMB Control No. 2040

- 0187.” EPA received no comments on this notice.

3(c): Consultations
T hree representatives of s tate environmental offices were contacted by EPA in December
of 2015 and asked to provide comments on EPA’s burden estimate (see section 6(e)):
Todd Callaghan (M assachusetts Office of Coastal Zone Management , 617

- 626

- 1233); Renan Jauregui (California State Water Resources Control Board

- Division of Water Quality , 916

- 341

- 5505 ); and Jeff Myers (Director of the New York Bureau of Water
Assessment and Ma nagement 518

- 402

- 8179)

. The t h ree respondents had no comment on 312(n) NDZs.

3(d): Effects of Less Frequent Collection The information collection requirements related to the NDZ application process described in this chapter of the ICR are submitted on a one - time basis. Reductions below this level
are not feasible.

3(e): General Guidelines The information collection activities discussed in this chapter of the ICR are fully consistent with all guidelines in 5 CFR 1320.5(d)(2).

3(f): Confidentiality The information collection activities discussed in this chapter of the ICR do not require the9

submission of any confidential information.

3(g): Sensitive Questions The information collection activities discussed in this chapter of the ICR do not require the submission of any sensitive information.

SECTION 4: The Respondents and the Information Requested

4(a): Respondents/SIC Codes State governments (SIC code 9511, NAICS code 924110) are the only respondents to the
data collection activ ities described in this chapter of the ICR.

4(b): Information Requested
No

- discharge Zone (NDZ) by State Prohibition under Section 1700.9 (I) Data Items • Identification of discharge
• Definition of waters in the proposed NDZ
• Determination of necessity for greater environmental protection • Description of discharge removal facilities • Information on regulation of this discharge from non

- Armed Forces vessels

(ii) Respondent Activities For the establishment of an NDZ by State Prohibition, a state must: • Submit to EPA a certification that it has determined that the protection and10 enhancement of the quality of the proposed waters require greater environmental protection, and • Submit to EPA a request with enough information for EPA to deter mine that: (1) adequate facilities for the safe and sanitary removal of the discharge are reasonably available for the waters to which the prohibition would apply; and (2) the prohibition will not have the effect of discriminating against vessels of the
Ar med Forces by reason of the ownership or operation by the Federal Government, or the military function, of the vessel.

No

- discharge Zone (NDZ) by EPA Prohibition under Section 1700.10 (I) Data Items • Identification of discharge
• Definition of waters in proposed NDZ • Technical analysis showing why protection requires a prohibition of the discharge • Description of discharge removal facilities • Information on regulation of this discharge from non

- Armed Forces vessels

(ii) Respondent Activities
Fo r the establishment of an NDZ by EPA Prohibition, a state must: • Submit an application to EPA with enough information for EPA to determine that: (1) the protection and enhancement of the quality of the proposed waters require a prohibition of the discharge; (2) adequate facilities for the safe and sanitary removal of the discharge are reasonably available for the waters to which the prohibition would apply; and11 (3) the prohibition will not have the effect of discriminating against
vessels of the Armed Forces by reason of the ownership or operation by the Federal Government, or the military function, of the vessel.

Petition for Review under Sections 1700.11

- 1700.13 (I) Data Items • Identification of discharge or standard • Scientific and technical information on which petition is based • An explanation of why the state believes that consideration of the information provided should result in a ch ange to the determination or standard on a nationwide basis, and an explanation of how the technical information provided is relevant to one or more of the seven factors considered in making the original determination or standard as required by the statute (CWA 312(n)(2)(B))

(ii) Respondent Activities
If a state believes there is significant new information that could reasonably result in a change to a determination of whether a particular discharge will require a marine pollution control device, or to a Federal standard of performance for a Marine Pollution Control Device, it may submit a petition requesting that the Secretary of Defense and EPA review
the determination or standard.

SECTION 5: The Information Collected

-- Agency Activities, Collection M ethodology and Information Management12

5(a): Agency Activities
No

- discharge Zone (NDZ) by State Prohibition under Section 1700.9 Agency activities associated with a request by a state to establish an NDZ by state Prohibition consist of the following:
• C larify any questions from state applicants • Review the information in the request and determine whether: (1) adequate facilities for the safe and sanitary removal of the discharge are reasonably available for the waters to which the prohibition would apply; and (2) the prohibition will not have the effect of discriminating against vessels of
the Armed Forces b y reason of the ownership or operation by the Federal Government, or the military function, of the vessel • Notify the state in writing of the above determinations • Copy, store, file and maintain the state’s request and EPA’s response letter

No

- dischar ge Zone (NDZ) by EPA Prohibition under Section 1700.10 Agency activities associated with an application from a state to establish an NDZ by EPA Prohibition consist of the following: • Clarify any questions from state applicants
• Review the information in the application and determine whether: (1) the protection and enhancement of the quality of the proposed waters require a prohibition of the discharge; (2) adequate facilities for the safe and sanitary removal of the discharge are reasonably available for the waters to which the prohibition would apply; and (3) the prohibition will have the effect of discriminating against Armed Forces13 vessels by reason of the ownership or operation by the Federal Government, or the military function, of the vessel. • Notify the s tate in writing whether the application for the NDZ was approved • If the application is approved, publish notice of proposed rulemaking in the Federal Register, receive and review public comments, then issue a final determination taking into account an y comments submitted • Copy, store, file and maintain the s tate’s request and EPA’s response letter

Petition for Review under Sections 1700.11

- 1700.13 Agency activities (in conjunction with the Secretary of Defense) associated with an application from a s tate to review a determination or standard consist of the following: • Clarify any questions from s tate applicants • Review petition and decide whethe r the requested change will be made within

two years after receiving the complete petition • If the change requested in the petition is approved, publish notice of proposed rulemaking in the Federal Register, receive and review public comments, then
issue a final determination taking into account any comments submitted • If the change requested in the petition is not approved, notify the s tate of the reasons in writing • Copy, store, file and maintain the s tate’s request and EPA’s response letter

5(b): Collection Methodology and Management The information described in this chapter of the ICR will be given to EPA by s tates in the form of a request letter, application, or petition. EPA will ensure the accuracy and14

completeness of this information by reviewing each submittal. This information will be made available to the public when necessary for rulemaking through the Federal Register.

5(c): Small Entity Flexibility The only possible respondents to the activities described in this chapter of the I CR are

s tates . Therefore, there are no small entities affected.

5(d): Collection Schedule:
No

- discharge Zone (NDZ) by State Prohibition under Section 1700.9 EPA expects very few requests for NDZs by s tate prohibition because the discharges from
vessels of the Armed Forces which will be regulated by this rulemaking are not currently regulated by most s tates . This is not a reporting requirement, nor are there any deadlines associated with these requests. If a s tate determines that it would l ike to establish a n NDZ by s tate prohibition, it is required by statute to secure two determinations by EPA, and this chapter of the ICR specifies the information EPA requires in order to make those determinations. EPA is estimating 1 request in the 3 yea rs covered in this ICR

.

No

- discharge Zone (NDZ) by EPA Prohibition under Section 1700.10 EPA expects very few applications for NDZs by EPA prohibition because the discharges
from vessels of the Armed Forces which will be regulated by this rulemaking are n ot currently regulated by most s tates and because this process is more complex than establishing an NDZ by s tate prohibition. This is not a reporting requirement, nor are there any deadlines associated with these requests. If a s tate determines that it w ould like
EPA to establish an NDZ by EPA prohibition, EPA is required by statute to make three15

determinations before doing so, and this chapter of the ICR specifies the information EPA requires in order to make those determinations. EPA is estimating one application in the 3 years covered by this ICR

.

Petition for Review under Sections 1700.11

- 1700.13 EPA expects few petitions for review of determinations of whether a discharge incidental to the normal operation of an Armed Forces vessel requires contr ol, or of standards of performance for Marine Pollution Control Devices. Such petitions may only be used by a

s tate if there is significant new information, not considered previously, that could reasonably result in a change to a particular determination or standard. This is not a reporting requirement, nor are there any deadlines associated with these petitions. This chapter of the ICR specifies the information EPA requires in order to consider such a petition. EPA is estimating one petition per year.

SECTION 6: Estimating the Burden and Cost of the Collection Burden and cost estimates are in Tables 1 to 8, in the Appendix . The text in this section explains how these estimates were derived.

6(a): Estimating Respondent Burden Respondent labor burden hours listed in Tables 1 to 3 are primarily based on data and assumptions presented in EPA’s 2005 ICR analysis for Clean Water Act section 312 mandates. Where necessary, the level

- of

- e ffort determinations in the 2008 ICR were adjusted to correspond to the specific new information collection requirements resulting from the requirements of §§ 1700.9, 1700.10, and 1700.12. All of the level

- of

- effort16

estimates presented in Tables 1 to 3 have been reviewed for accuracy and reasonableness by EPA.

6(b): Estimat ing Respondent Costs (I) Estimating Labor Costs
All labor cost

- rate data used in Tables 1 to 3 were obtained from the U.S. Bureau of Labor Statistics (BLS) Compensation Cost Trends web page published for June of 2015 ( http://www.bls.gov/ncs/ect/ ) estimating the salaries for state and local government employees.

Table 4 of the BLS report ( http://www.bls.gov/news.release/ecec.t04.htm June , 2015 ) contains employee compensation data for state and local government employers . The labor rates for respondent management, technical, and clerical personnel in Tables 1 to 3
of the ICR were obtained from the “ State and local government workers Occupationa l
group ” category.

BLS Report (Table 4) State and Local Government Workers Job Classification Titles ICR Respondent Job Classification Titles Used in ICR Tables 1

- 3 Corresponding

Labor Compensation (hourly rate) from BLS Report
Management, professional, and related Management $ 53.49 Professional and related Technical $ 52.51 Office and administrative support Administrative $ 30.78

The above labor rate data are “fully burdened” and include wages/salaries and benefits.17

The BLS report provides a breakdown of benefit costs, which includes paid leave, supplemental pay, insurance, retirement, and legally required benefit. Only fully burdened BLS labor cost data (i.e., total compensation) are used in the analysis described in this chapter of the ICR.

(ii) Estimating Capital and Operations and Maintenance (O&M) Costs
Ther e are no predicted respondent capital or start

- up costs associated with the activities described in this chapter of the ICR.

Non labor O&M includes only costs for photocopying, postage, telephone charges, and similar expenses. Item 1b of ICR Tables 1 to 3, Clarify Questions with EPA, is assumed to be exclusively telephone and facsimile machine expenses. Other O&M expenses listed in Tables 1 to 3 (i.e., under Items 3, 5, and 6) are predominantly photocopy, postage, and related paperwork distribution expen ses.

6(c): Estimating Agency (EPA) Burden and Cost EPA labor burden hours listed in Tables 4 to 6 are primarily based on data and assumptions presented in EPA’s 2008 ICR analysis for Clean Water Act section 312 mandates [specifically, information collecti on effort under for CWA sections 312(f)(3), (f)(4)(A) and (f)(4)(B)]. Where necessary, the level

- of

- effort determinations in the 2008 ICR were adjusted to correspond to the specific new information collection requirements resulting from the requirements o f §§1700.9, 1700.10, and 1700.12. All of the level

- of

effort estimations presented in Tables 4 to 6 have been reviewed for accuracy and reasonableness by EPA.18

Agency labor costs data associated with this chapter of the ICR were obtained using pay
scale r ates for GS

- 9, GS

- 12, and GS

- 14 employees. The 2015 General Schedule Locality Pay Tables can be found at https://www.opm.gov/policy

- data

- oversight/pay

leave/salaries

- wages/salary

- tables/15Tables/html/DCB.aspx . The salary scales contained in the table were effective January 2015

.

Step 1 of the GS salaries was used in this chapter of the ICR analysis. The annual GS salary rates were conv erted to hourly rates according to instructions in Section 6(c) of the
EPA ICR Handbook (12/96 version). Total salaries were divided by 2,080, which represent the average number of hours work in a calendar year, and then multiplied by a
factor of 1.6. Th e multiplier represents the benefits multiplication factor. The result is the true hourly cost to the federal government to employ a federal worker for one hour. These calculated hourly rates are used in Tables 4 to 6 of the ICR.

ICR Agency Job Classification Title Used in ICR Tables 4

- 6 2015 Annual GS Salary (Step 1) Work

Hours Per Year Factor Benefits

Factor Calculated

Hourly Rate Used in Tables 4

- 6
Management GS

- 14, $107,325 ÷ 2,080 × 1.6 $ 82.56
Technical GS

- 12, $76,378 ÷ 2,080 × 1.6 $ 58.75
Administrative GS

- 9, $52,668 ÷ 2,080 × 1.6 $ 40.5119

6(d): Bottom Line Burden Hours and Cost Tables Total estimated burdens associated with the requirements under §§ 1700.9, §1700.10, and §1700.12 to the State Agency respondents and to EPA are summarized in Tables 7 and 8, respectively. The data contain ed in both of these tables are transcribed from Tables 1
to 6.

Bottom line Respondent (State Agency) Estimated Burden and Cost Summary for 312(n) (from table 7)
Number of

Respondents Per Year Number of

Activities Per Year Total

Hours Per Year Total Labor

Cost Per Year ($) Total Cost

Per Year ($) Total Annual

O&M Costs ($)

TOTAL 0.99 0.99 138.5 $6,874.94 $7023.44 $148.50

Bottom line EPA Estimated Burden and Cost Summary for 312(n) (from table 8)

Number of Respondents Per Year Number of

Activities Per Year Total

Hours Per Year Total Labor

Cost Per Year ($) Total Cost

Per Year ($) Total Annual

O&M Costs ($)

TOTAL 0.99 0.99 30.855 $1,879.89 $1,939.29 $59.40

6(e): Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 138 hours per response ( 138 hours/ 1

. ) (From Table 7, rounded off.) The combined annual public reporting and recordkeeping burden for this entire Information Collection Request is estimated to average 155 hours per response ( 1083/7 ). (From Table 17, rounded off.) 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,20

acquire, install, and utilize technology and systems for the purposes of coll ecting, 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. An agency may not conduct or sponsor, and a person is not required to respond to, a collect ion of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the pr ovided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this
ICR under Docket ID No. EPA

- HQ

- OW

- 2008

- 0150,, which is available for onl ine viewing

at 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 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 at www.regulations.gov. This site can be used to 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. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and21

Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: D esk Officer for EPA. Please include the EPA Docket ID EPA

HQ

- OW

- 2008

- 0150, and OMB control number 2 040

- 0187 in any correspondence.



### Chapter II. Supporting Statement for the Establishment of No

- discharge Zones for Vessel Sewage u nder CWA Sections 312(f)(3) and 312(f)(4)(A) and 312(f)(4 )( B)

SECTION 1: Identification of the Information Collection

1(a): Title of the Information Collection Establishing No

- Discharge Zones Under Clean Water Act §312 (Renewal)

1(b): Short Characterization/Abstract EPA requires the collection of information by states interested in designating state waters under the Clean Water Act §312(f) as areas prohibiting the discharge of treated or untreated sewage from vessels. The CWA mandates under §312 (f)(3) and (f)(4)(A) and (f)(4)(B), that EPA review state requests for prohibiting the discharge of vessel sewage into waters identified by the state

. U nder §312(f)(3), EPA makes a determination based on the state application whether there are adequate , safe , and reasonably a vailable pump - out facilities for such waters to which such a prohibition would apply. Under §312(f)(4)(A) , a state can petition EPA to designate , by regulation, its waters as an NDZ for vessel sewage if the protection of the waters require a complete prohibition of the discharge of vessel sewage. Finally, under §312(f)(4)(B), upon application by a state , EPA may, by regulation, establish a drinking water intake zone in any waters within that
state and prohibit the discharge of sewage from vessels within that zone. For EPA to make the approvals and designations related to establishing No

- discharge Zones (NDZs),22

states are required under the regulations to provid e information relevant to this decision

making process thus triggering the requirement for EPA to have an ICR in compliance with the Paperwork Reduction Act.

SECTION 2: Need for and Use of the Collection This section describes the statutory and regulato ry authorities associated with this information collection. It also summarizes the use of the information designating NDZs.

2(a): Need/Authority for the Collection The need for EPA to obtain information to establish NDZs stems from statutory authority

an d subsequent regulations. The establishment of NDZs provide state and local governments with a tool to protect waters from treated or untreated vessel sewage discharges, which is one of many types of water pollution. A summary of the statutory authority and subsequent regulations, follows. A copy of the relevant sections of the statute is included in Attachment C and the relevant sections of the implementing regulations are included in Attachment D.
1) Statutory Authority: Section 312(f) (33 U.S.C. 1322) of the Clean Water Act (CWA) provides states with the opportunity to apply to EPA for a complete prohibition of vessel sewage (treated and untreated) in all or some of a state's waters. The area designated

as no discharge, if approved by EPA, is called an NDZ. EPA has delegated its authority to establish NDZs under §§312(f)(3), (f)(4)(A), and (f)(4)(B) to EPA Regional Administrators (Administrator). There are three parts of CWA §312 that are related to the estab lishment of NDZs. They are:
§312(f)(3). After the effective date of the initial standards and regulations promulgated under this section, if any State determines that the protection and enhancement of the quality of some or all of the waters within such States require greater environmental protection, such State may completely prohibit the discharge from all vessels of any sewage, whether treated or23

not, into such waters, except that no such prohibition shall apply until the Administrator determines that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for such water to which such prohibition would apply. Upon application of the State, the Administrator shall make such determination w ithin 90 days of the date of such application.
§312(f)(4)(A). If the Administrator determines upon application by a State that the protection and enhancement of the quality of specified waters within such State require such a prohibition, the Administrat or shall by regulation completely prohibit the discharge from a vessel of any sewage (whether treated or not) into such waters.

§312(f)(4)(B). Upon application by a State, the Administrator shall, by regulation, establish a drinking water intake zone in any waters within such State and prohibit the discharge of sewage from vessels within that zone.

Most states which have designated and gained approval of NDZs have done so under §312(f)(3). This method requires the state to demonstrate a need for the dis charge prohibition and the existence of adequate sanitary waste reception facilities (i.e., pump

- out facilities). The relevant regulations promulgated under CWA §312 are described in the following section.

2) Regulatory Authority: CWA §312( b ) authorizes the EPA to develop regulations on the standard of performance for marine sanitation devices (MSDs) (see 40 CFR Part 140.3). The standard only applies to vessels equipped with installed toilets. In most cas es, the statute and regulations require the use of marine sanitation device meeting specified24

effluent levels.

As provided for in CWA §312, the EPA regulations also provide states with the opportunity to apply for a n o - discharge zone , or a complete proh ibition of vessel sewage (treated and untreated) in all or some of a state's waters. The regulations are found at 40 CFR 140.4.

Under 40 CFR 140.4(a), the Administrator must review s state applications for prohibiting the discharge of vessel sewage into w aters identified by the state and determine s from the

state application whether there are adequate , safe and reasonably available pump

- out facilities for such waters to which such a prohibition would apply [§312(f)(3)].

Under 40 CFR 140.4(b), states may m ake a written application to EPA to designate an
NDZ by regulation where protection and enhancement of the specified waters is desired [§312(f)(4)(A)].

Under 40 CFR 140.4(c), states may make written application to EPA to designate an NDZ
in waters which are used for drinking purposes [§312(f)(4)(B)].

2(b): Practical Utility/Users of the Data
The state environmental agency uses the information collected under this chapter of the ICR to prepare the application to be submitted to the EPA Regional Administrator. An NDZ application is submitted by a state environmental agency to the EPA Regional
Administrat or. De pending on the type of NDZ sought by the state , EPA uses the
information to assist the state NDZ designation. EPA Headquarters and EPA Regional25

Offices use the information collected under this ICR to carry out their responsibilities under
the CWA w ith respect to reviewing applications for proposed NDZs and granting approval of qualifying NDZs.

(1) NDZ Designation under 312(f)(3) and 40 CFR 140(a): The information requested
from the state will be used by EPA to make the determination of the availa bility of pump

out facilities in the area supporting a state’s potential NDZ for vessel sewage designation.

(2) NDZ Designation under 3 12(f)(4)(A) and 40 CFR 140(b): The information requested by EPA from the state will be used by EPA to designate the particular waters as an NDZ for vessel sewage. This type of designation is sought when the state believes and EPA
concludes that the waters require additional protection

.

(3) NDZ Designation under 312(f)(4)(B) and 40 CFR 140(c): The information requested by EPA from the state will be used by EPA to designate the particular waters as an NDZ for vessel sewage because the waters will be used for drinking purposes.

SECTION 3: Non

- duplication, Public Notice, Consultation s, and Other Collection Criteria This section describes EPA’s efforts to ensure that the information collected for the establishment of NDZs is not duplicative, appropriate consultations have occurred, the public has had an opportunity to comment on the pr oposed requirements, and other
collection criteria.26

3(a): Non

- duplication No similar information is currently available in the form required for EPA to make a decision on designating waters as NDZs. Each application for an NDZ by definition needs
to be site

- specific.

NDZ Designation under 40 CFR 140.4(a)
If a state applies for an NDZ under 40 CFR 140.4(a) , EPA is responsible for determining if there are adequate pump

- out facilities . Upon a favorable determination by EPA, the

state can designate its waters as an NDZ. There is no duplication of effort in the NDZ application process.

NDZ Designation under 40 CFR 140.4(b)
If a state applies to EPA for the designation of its waters as an NDZ under 40 CFR 140.4(b) because protection and enhancement of th e waters is desired, EPA can designate the waters as an NDZ by regulation. There is no duplication of effort in the NDZ application process.

3) NDZ Designation under 40 CFR 140.4(c)
If a state applies to EPA for the designation of its waters as an NDZ under 40 CFR 140.4(c) because of the waters use as a drinking water intake zone, EPA can designate the waters as an NDZ by regulation.

There is no duplication of effort in the NDZ application pr ocess. The application can be prepared using existing sources of data. EPA has developed a guidance document to27

help states prepare their NDZ for vessel sewage applications, and it includes suggestions on where to find the information required. The docu ment is titled “Protecting Coastal Waters from Vessel and Marina Discharges: A Guide for State and Local Officials” (EPA
842

- B

- 94

- 004). Only when secondary sources of information have been exhausted will primary data collection be required.

3(b): Public Notice Required Prior to ICR Submission to OMB
The announcement of this ICR was made in the Federal Register on 08/19/2015 , 8 0 FR
50276 under EPA

- HQ

- OW

- 2008

- 0150

. It was titled “ Agency Information Collection Activities; Proposed Collection; Comment Request; Establishing No

- Discharge Zones Under Clean Water Act Section 312 ( Renewal ); EPA ICR No. 1791.07 ; OMB Control No. 2040

- 0187.” EPA received no comments on this notice.

3(c): Consultations Three representatives of state environmental offices were contacted by EPA in December
of 2015 and asked to provide comments on EPA’s burden estimate (see section 6(e)): Todd Callaghan (M assachusetts Office of Coastal Zone Management, 617

- 626

- 1233); Renan Jauregui (California State Water Resources Control Board

- Division of Water Quality, 916

- 341

- 5505); and Jeff Myers (Director of the New York Bureau of Water Assessment and Management 518

- 402

- 8179)

. Two commenter s felt the estimates were reasonable. The other felt the estimates were too low and provided specific markups to the estimates. EPA made changes in this assessment to reflect these comments.28

3(d): Effects of Less Frequent Collection
The information col lection requirements related to the NDZ application process are
submitted on a one

- time basis. Reductions below this level are not feasible.

3(e): General Guidelines The information collection activities discussed in this chapter of the ICR are fully co nsistent with all guidelines in 5 CFR 1320.5(d)(2).

3(f): Confidentiality The information collection activities discussed in this chapter of the ICR do not require the submission of any confidential information.

3(g): Sensitive Questions
The informatio n collection activities discussed in this chapter of the ICR do not require the submission of any sensitive information.

SECTION 4: The Respondents and the Information Requested This section provides a description of the information collection requiremen ts affiliated with the NDZ for vessel sewage application process. Although the three types of NDZ applications under 40 CFR 140.4 (a

- c) have different information collection requirements, the application development and submittal process is s imilar

.

4(a): Respondents/SIC Codes Under Section 312(f)(3) and (f)(4)(A) and (B) of the CWA, states have the authority to29

designate an NDZ for vessel sewage with EPA’s concurrence or have EPA designate portions of their waters as an NDZ for vessel sewage. State Governments (SIC 9511, NAICS code 924110) are the only respondents to the data collection activities described in this chapter of the ICR.

4(b): Information Requested NDZ Designation under 40 CFR 140.4(a) (I) Data Items There are seven application and information requirements listed in 40 CFR §140.4(a). The information required includes:
1. A certification that the protection and enhancement of the waters described in the petition require greater environmental protection than the applicable Federal standard; 2. A map showing the location of commercial and recreational pump

- out facilities; 3. A description of the location of pump

- out facilities within waters designated for no discharge; 4. The general schedule of operating hours of the pump

- out facilities; 5. The draft requirements on vessels that may be excluded because of insufficient water depth adjacent to the facility; 6. Information indicating that treatment of wastes from such pump

- out facilities is in conformance with Federal law; and 7. Information on vessel population and vessel usage of the subject

waters.

Respondent Activities
1. An NDZ application under 40 CFR 140.4(a) is prepared by the s tate30 environmental agency.
2. The s tate environmental agency, in turn, submits the application to the EPA Regional office

. EPA makes the determination of available pump

- out
facilities

. 3. Upon a finding of adequate or inadequate pump

- out facilities availability, EPA issues a Notice of Determination stating such.
4. A s tate then may designate the particular waters as an NDZ depending on EPA’s finding.

NDZ Designation under 40 CFR 140.4 (b)
If a s tate applies to EPA for the designation of its waters as an NDZ under 40 CFR 140.4(b) because the protection or enhancement of the specified waters is desired , EPA can designate the waters as an NDZ by regulation.

(I) Data Items The regulations at 40 CFR 140.4(b) require the following information to be submitted for the establishment of an NDZ for waters of particular environmental importance:
1. Spec ification of the waters or portions thereof for which a complete prohibition is desired;
2. Identification of water recreational areas , and/or ; 3. Identification of aquatic sanctuaries , and/or ;
4. Identification of identifiable fish

- spawning and nursery ar eas , and/or ; 5. Identification of areas of intensive boating activities; and
6. A map of the waters to be designated as an NDZ.31

(ii) Respondent Activities
1. An application submitted under 40 CFR 140.4(b) is prepared by the s tate environmental agency.
2. The s tate environmental agency, in turn, submits the application to EPA for designation of an NDZ.
3. The application development process includes five types of information
collection activities.
4. EPA, after evaluation of the application, can designate by regulatio n an NDZ for the particular waters.
5. EPA can modify the size of the NDZ at its discretion.

NDZ Designation under 40 CFR 140.4(c)
If a s tate applies to EPA for the designation of its waters as an NDZ under 40 CFR 140.4(c) because of the waters use as a drinking water intake zone, EPA can designate the waters as an NDZ by regulation.

(I) Data Items According to 40 CFR 140.4(c), to establish an NDZ under these provisions, the following information is required in the application:
1. Specification and desc ription of the location of the drinking water supply intake(s) and the community served by the intakes;
2. Specification and description of the waters for which a complete prohibition is desired;32

3. A map of the waters to be designated as a drinking water intake zone; and
4. A statement justifying the size of the requested drinking water intake zone.

(ii) Respondent Activities
1. An application submitted under 40 CFR 140.4(c) is prepared by the s tate environmental agency. 2. The s tate environmental agency, in t urn, submits the application to the EPA Regional office for approval of an NDZ designation. 3. The application development process includes four types of information collection activities. 4. EPA, after evaluation of the application, can designate by regulation an NDZ for the particular waters. 5. EPA can modify the size of the NDZ at its own discretion.

SECTION 5: The Information Collected

– Agency Activities, Collection Methodology, and Information Management

This section describes Agency activities involved in implementing the process for the NDZ for vessel sewage designations.

5(a): Agency Activities NDZ Designation under 40 CFR 140.4(a) Agency activities associated with a request by a s tate to establish an NDZ for vessel sewage under 40 CFR 140.4(a) consists of the following:
1. Clarify any questions from s tate applicants;
2. Review the information in the request and determine whether: adequate33 facilities for the safe and sanitary removal of the discharges are reasonably
available for the waters to which the prohibition would apply;
3. Notify the s tate in writing of the above determinations; and
4. Copy, store, file, and maintain the s tate’s request and EPA’s response letter.

NDZ Designation under 40 CFR 140.4 (b) Agency activities associated with a request by a s tate to establish an NDZ for vessel sewage under 40 CFR 140.4 (b) consists of the following:

1. Clarify any questions from s tate applicants;
2. Review the information in the request and determine whether: the water for which the prohibition would apply ar e of environmental importance;
3. Notify the s tate in writing of the above determinations;
4. If the Administrator makes a finding that t he waters listed in the application require prohibition, publish notice of such findings together with a notice of proposed rulemaking ; 5. Copy, store, file, and maintain the s tate’s request and EPA’s response letter.

NDZ Designation under 40 CFR 140.4(c) Agency activities associated with a request by a s tate to establish an NDZ for vessel sewage under 40 CFR 140.4(c) consist of the following: 1. Clarify any questions from s tate applicants; 2. Review the information in the request and determine whether: the water for which the prohibition would apply are suitable for drinking purposes; 3. Notify the s tate in writing of the above determinations; 4. If the Administrator makes a finding that the waters listed in the application34 require proh ibition, publish notice of such findings together with a notice of proposed rulemaking ; 5. Copy, store, file, and maintain th e s tate’s request and EPA’s response letter.

5(b): Collection Methodology and Management The information collection associated with this chapter of the ICR will be given to EPA by

s tates in the form of a request letter and/or application. EPA will ensur e the accuracy and completeness of this information by reviewing each submittal. This information will be made available to the public for rulemaking through the Federal Register.

5(c): Small Entity Flexibility The only respondents to the activities des cribed in this chapter of the ICR are states

. Therefore, there are no small entities affected.

5(d): Collection Schedule NDZ Designation under 40 CFR 140.4(a) There are eighty

- five NDZs designated under this provision. NDZ designations under this provision have been established significantly more frequently than under the other two provisions. EPA has to determine if there are adequate pump

- out facilities available. The designation does not require any additional information collection other than the one

- time application.

NDZ Designation under 40 CFR 140.4(b)
There are three NDZs designated under this provision. A state applies for the NDZ and EPA determines if such an NDZ is warranted based on the environmental importance of the waters. Upon a favorable determination, EPA establishes the NDZ by regulation. The designation does not require any additional information collection other than the one

- time35

application.

NDZ Designation under 40 CFR 140.4(c) There is one NDZ designated under this p rovision. A state applies for the NDZ and EPA determines if the waters are for drinking purposes and the size of the NDZ. Upon a favorable determination, EPA establishes the NDZ by regulation. NDZs established under this provision (like those establishe d under the other provisions) do not require any
additional information collection other than the one

- time application.

SECTION 6: Estimating the Burden and Cost of the Collection

Burden and Costs associated with the information collection activities de scribed in this chapter are in Tables 9

- 16 of the Appendix . The text below explains how the burden and
costs estimates were derived.

6(a): Estimating Respondent burden Respondent labor burden hours listed in Tables 9, 11, and 13 were based on EPA’s

ex perience in assisting states in establishing NDZs for vessel sewage in their waters. These burden hours were also derived using information collection activities gathered for previous ICRs that have similar information collection activities. The level

- of

- effort estimates presented for these tables were reviewed by EPA’s staff and managers, all of whom have experience in assessing information collection work similar to that described in this chapter of the ICR.36

Burden hours by task for each of the three application types were estimated based on the amount of time needed to complete the "model" application in the guidance document, and estimates of the time needed to complete the previously submitted applications reviewed as part of the development of the ICR. Each application is assumed to be reviewed twice by the state government and by EPA. In other words, EPA is assumed to request additional information or to deny the application, thus triggering a second round of
review. This is a conservative esti mate and likely overstates the associated costs.

Listed below are some of the major activities associated with the designation of NDZ for vessel sewage described in this chapter of the ICR for which burden hours have been categorized:

· The application prep aration process includes the following type of personnel by stage of the process
1. Read regulation and review guidance document: management and technical
2. Information gathering: technical
3. Preparing application: management, technical, and clerical

· The application review process includes management and technical personnel.

· Information storage involves clerical time for state personnel.

NDZ Designation under 40 CFR 140.4(a) Applications are submitted to EPA by states . Based on EPA forecasts, five applic ations per year were assumed. The average application was assumed to be about 15 pages in length. This is based on the average number of pages in previously submitted applications and assumes some optional information is provided in the application

.37

NDZ Designation under 40 CFR 140.4(b) Applications are submitted to EPA by states . Based on past experience, EPA estimates that one application will be received every three years. The average application was assumed to be about 50 pages in length. This is based on the number of pages in a previously submitted application which provides the information required for this type of NDZ application.

NDZ Designation under 40 CFR 140.4(c) Applications are also submitted to EPA by states . EPA estimates that there will be one application each year. The application was assumed to be about 15 pages in length. This is based on the type of information requested and examples of this information included in previously submitted NDZ applications.

6(b): Estimating Respondent Costs (I) Estimating Labor Costs
All labor cost

- rate data used in Tables 9, 11, and 13 were obtained from the U.S. Bureau of Labor Statistics (BLS) Compensation Cost Trends homepage (http://www.bls.gov/ncs/ect/). The BLS homepage has a variety of links to publications and reports related to labor costs by category. The BLS report used in this ICR was titled Employer Costs for Employee Compensation , available on

- line at: http://www.bls.gov/news.release/ecec.htm

Table 4 of the BLS report ( http://www.bls.gov/news.release/ecec.t04.htm June 2015 )38

contains employee compensation data for state and local government employers . The labor rates for respondent management, techni cal, and clerical personnel in Tables 9, 11,
and 13 of the ICR were obtained from the “ State and local government workers, by occupational group ” category.39

BLS Report (Table 4) State and Local Government Workers Job Classification Titles ICR Respondent Job Classification Titles Used in ICR Tables 1

- 3 Corresponding

Labor Compensation (hourly rate) from BLS Report
Management, professional, and related Management $ 53.49 Professional and related Technical $ 52.51 Office and administrative support Administrative $ 30.78

The above labor rate data are “fully burdened” and include wages/salaries and benefits. The BLS report provides a breakdown of benefit costs, which includes paid leave, supplemental pay, insurance, retirement, and legally required benefits. Only fully burdened BLS labor cost data (i.e., total compensation) are u sed in the analysis described in this chapter of the ICR.

The unit costs were multiplied by the appropriate units of activity (e.g., burden hours) to estimate costs per application for states seeking an NDZ for vessel sewage. Annualized
costs were based on the number of applications expected per year.

(ii) Estimating Capital and Operations and Maintenance (O&M) Costs There are no predicted respondent capital or start

- up costs associated with the activities described in this chapter of the ICR.

Non labor O&M includes only costs for photocopying, postage, telephone charges, and similar expenses. Item 1b of ICR Tables 9, 11, and 13, Clarify Questions with EPA, is40

assumed to be exclusively telephone and facsimile machine expenses. Other O&M expenses l isted in Tables 9, 11, and 13 are predominantly photocopy, postage, and related paperwork distribution expenses.

6(c): Estimating Agency (EPA) Burden and Cost Agency Burden EPA labor burden hours listed in Tables 10, 12, and 14 are primarily based on EPA ’s experience in dealing with states in establishing NDZs for vessel sewage. Also data from the 2003 ICR addressing NDZs for vessel sewage were evaluated. Where necessary, the
level

- of

- effort determinations and cost estimates in the 2003 ICR were adjuste d to correspond to the new cost information. All of the level

- of

- effort estimations presented in Tables 10, 12 and 14 have been reviewed for accuracy and reasonableness by EPA staff and managers, all of whom have had considerable project

- management experi ence doing
information

- collection work similar to that required by 40 CFR 140.4 (a

- c).

Listed below are some of the major activities associated with the designation of NDZ for vessel sewage described in this chapter of the ICR for which burden hours have been categorized:

· Questions from the applicant's technical personnel are answered by EPA technical personnel.

· The application review process includes management and technical personnel.

· The Federal Register Notice process includes the following type of per sonnel: management, technical, and clerical.

· Information storage involves clerical time41

The estimation of EPA’s burden hours depends on the type of NDZ for vessel sewage that
the state is seeking.

NDZ Designation under 40 CFR 140.4(a) EPA reviews applica tion by states focusing on the availability of pump

- out facilities. Based on EPA forecasts, five applications per year were assumed. The average application was assumed to be about 15 pages in length. EPA discloses its determination in the Federal Regis ter by Notice of Determination.

NDZ Designation under 40 CFR 140.4(b) EPA reviews application from states focusing on the preservation of environmentally important habitats. Based on past experience, EPA estimates that one application will be
received every three years. The average application was assumed to be about 50 pages in length. EPA discloses its determination in the Federal Register either by rule or by
Notice of Determination.

NDZ Designation under 40 CFR 140.4(c) EPA reviews application fr om states focusing on the use of the waters for drinking purposes. EPA estimates that there will be one application each year. The application was assumed to be about 15 pages in length. EPA discloses its determination in the Federal Register either by rule or by Notice of Determination.42

Agency Costs Agency labor costs data associated with this chapter of the ICR were obtained using pay
scale rates for GS

- 9, GS

- 12, and GS

- 14 employees. The 2015 General Schedule Locality Pay Tables can be found at https://www.opm.gov/policy

- data

- oversight/pay

leave/salaries

- wages/salary

- tables/15Tables/html/DCB.aspx . The salary scales
contained in the table were effective January 2015 . Step 1 of the GS salaries was used in this chapter of the ICR analysis. The annual GS salary rates were converted to hourly rates according to instructions in Section 6(c) if the EPA ICR Handbook (12/96 version).
T otal salaries were divided by 2,080, which represent the average number of hours work in a calendar year, and then multiplied by a factor of 1.6. The multiplier represents the benefits multiplication factor. The result is the true hourly cost to the Fede ral government to employ a Federal worker for one hour. These calculated hourly rates are used in Tables 10, 12, and 14 of the ICR.

ICR Agency Job Classification Title Used in ICR Tables 4

- 6 2015 Annual GS Salary (Step 1) Work

Hours Per Year Factor Benefits

Factor Calculated

Hourly Rate Used in Tables 4

- 6
Management GS

- 14, $107,325 ÷ 2,080 × 1.6 $ 82.56
Technical GS

- 12, $76,378 ÷ 2,080 × 1.6 $ 58.75
Administrative GS

- 9, $52,668 ÷ 2,080 × 1.6 $ 40.51 The unit costs were multiplied by the appropriate units of activity (e.g., burden hours) to estimate costs per application for EPA. Annualized costs were based on the number of applications expected per year.43

6(d): Bottom Line Burden Hours and Cost T ables Total estimated burdens of associated with 40 CFR 140.4(a

- c) to the State Agency respondents and to EPA are summarized in Tables 15 and 16, respectively.

Estimated Respondent (State Agency) Burden and Cost Summary for Establishing NDZs for Vessel Sewage under CWA 312(f) (from table 15)

Number of Respondents Number of

Activities
Per Year Total Number

of Hours Per
Year Total Annual

O&M Costs ($) Total Labor

Cost Per Year ($) Total Cost

Per Year ($)

5.66 5.66 944.83 $849.00 $47,065.13 $47,914.13

Estimated Agency (EPA) Burden and Cost Summary for Establishing NDZs for Vessel Sewage under CWA 312(f) (from table 16)

Number of Respondents Number of

Activities
Per Year Total Number

of Hours Per
Year Total Annual

O&M Costs ($) Total Labor

Cost Per Year ($) Total Cost

Per Year ($)

5.66 5.66 187.70 $339.60 $11,425.27 $11,764.87

6(e): Burden Statement The annual public reporting and recordkeeping burden for this collection of information is estimated to average 158 hours per response ( 945 hours/ 6 )

. (From Table 15, rounded44

off.) The combined annual public reporting and recordkeeping burden for this entire Information Collection Request is estimated to average 155 hours per response ( 1,083
hours / 7 )

. (From Table 17, rounded off.) Burden means the total time, effort, or financial

res ources expended by persons to generate, maintain, retain, or disclose or provide
information to or for a f ederal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes

o f 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 ab le to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a c ollection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this
ICR under Docket ID No. EPA

- HQ

- OW

- 2008

- 0150, , which is available f or online viewing

at 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 Docket Center Public R eading 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

-45

2426. An electronic version of the p ublic docket is available at www.regulations.gov. This site can be used to 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. When in the system, select “search,” then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Manage ment and Budget at oira_submission@omb.eop.gov,
Attention: Desk Officer for EPA. Please include the EPA Docket ID EPA

- HQ

- OW

- 2008

- 0150, and OMB control number 2040

- 0187 in any correspondence.46 APPENDIX See the accompanying Excel workbook with the referenced tables.47

Attachment A Summary Table s for Information Collection under CWA Section 312
Table 17: Total CWA Section 312 Estimated Respondent (State Agency) Burden and Cost Summary

* This data is taken from Tables 7 and 15 of this ICR

Number of Respondents Per Year Number of

Activities Per Year Total Number

of Hours Per Year Total Annual

O&M Costs ($) Total Labor

Cost Per Year ($) Total Cost Per

Year ($) Armed Forces Vessels; Table 7 0.99 0.99 138.5175 148.5 6,874.94 7,023.44 Vessel Sewage; Table 15 5.66 5.66 944.83 849.00 47,065.13 47,914.13
Total 6.65 6.65 1,083.34 997.50 53,940.08 54,937.5848

Table18: Total CWA Section 312 Estimated Agency (EPA) Burden and Cost Summary
* This data is taken from Tables 8 and 16 of this ICR

Number of Respondents Per Year Number of

Activities Per Year Total Number of

Hours Per Year Total Annual

O&M Costs ($) Total Labor Cost

Per Year ($) Total Cost Per

Year ($) Armed Forces Vessels; Table 8 0.99 0.99 30.855 59.40 1,879.89 1,939.29 Vessel Sewage; Table 16 5.66 5.66 187.70 339.60 11,425.27 11,764.87
Total 6.65 6.65 218.55 399 13,305.16 13,704.16