Draft for public review with First federal Register Notice

— Has not been submitted to

OMB August 2015



### NOTE: This draft supporting statement for the First Federal Register
Notice (August 2015) uses the estimates for the current approved
Information Collection (EPA ICR Number 1791.07 ). EPA will revis e the

estimates prior to OMB submission with the Second Federal Register

Notice. T he public will have a second opportunity to comment at that

time

.



## THE INFORMATION COLLECTION REQUEST (ICR)

SUPPORTING STATEMENT

Establishing No

- discharge Zones (NDZs)

under Clean Water Act §312 (Renewal)

EPA ICR Num ber 1791.07 , OMB Control Number 2040

- 0187

Prepared by

Environmental Protection Agency

Oceans and Coastal Protection Division

Washington, D.C.

Published Draft

August 2015

Prepared by Oceans and Coastal Protection Division of the Office of Wetlands, Oceans,

and WatershedsDraft for public review with First federal Register Notice

— Has not been submitted to

OMB August 2015Draft for public review with First federal Register Notice

— Has not been submitted to

OMB August 2015



### i TABLE OF CONTENTS

Part A Introduction

................................ ................................ ................................ ................. 1

Organization of Information Collection Request Statement

................................ .................... 1

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)

................................ ................................ ................................ ...................... 3

SECTION 1: Identification of the Information Collection

................................ ...................... 3

1(a): Title of the Information Collection

................................ ................................ ............... 3

1(b): Short Characterization/Abstract

................................ ................................ ................. 3

SECTION 2: Need for an d Use of the Collection

................................ ............................... 3

2(a): Need/Authority for the Collection

................................ ................................ .............. 3

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

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

SECTION 3: Non

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

. 5

3(a): Non

- duplication

................................ ................................ ................................ .......... 5

3(b): Public Notice Requ ired Prior to ICR Submission to OMB

................................ ......... 5

3(c): Consultations

................................ ................................ ................................ ............ 5

3(d): Effects of Less Frequent Collection

................................ ................................ ........... 5

3(e): General Guidelines

................................ ................................ ................................ .... 5

3(f): Confidentiality

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

3(g): Sensitive Questions

................................ ................................ ................................ .... 6Draft for public review with First federal Register Notice

— Has not been submitted to

OMB August 2015



### ii SECTION 4: The Respondents and the Information Requested

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

4(a): Respondents/SIC Codes

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

4(b): Information Requested

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

SECTION 5: The Information Collected

– Agency Activities, Collection Methodology, and

Information Management

................................ ................................ ................................ ....... 8

5(a): Agency Activities

................................ ................................ ................................ ........ 8

5(b): Collection Methodology and Management

................................ ................................ 10

5(c): Small Entity Flexibility

................................ ................................ .............................. 10

5(d): Collection Schedule

................................ ................................ ................................ . 10

SECTION 6: Estimating the Burden and Costs of the Collection

................................ ....... 11

6(a): Estimating Respondent Burden

................................ ................................ ................. 11

6(b): Estimating Respondent Costs

................................ ................................ ................... 11

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

................................ ............................. 13

6(d): Bott om Line Burden Hours and Cost Tables

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

6(e): Burden Statement

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

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)

................................ ... 24

SECTION 1: Identificat ion of the Information Collection

................................ .................... 24

1(a): Title of the Information Collection

................................ ................................ ............. 24

1(b): Short Characterization/Abstract

................................ ................................ ............... 24Draft for public review with First federal Register Notice

— Has not been submitted to

OMB August 2015



### iii SECTION 2: Need for and Use of the Collection

................................ ............................. 24

2(a): Need/Authority for the Collection

................................ ................................ ............ 24

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

................................ ................................ ........... 26

SECTION 3: Non

- duplication, Public Notice, Consultations, and Other Collection Criteria 27

3(a): Non

- duplication

................................ ................................ ................................ ........ 27

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

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

3(c): Consultations (Not applicable)

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

3(d): Effects of Le ss Frequent Collection

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

3(e): General Guidelines

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

3(f): Confidentiality

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

3(g): Sensitive Questions

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

SECTION 4: The Respondents and the Information Requested

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

4(a): Respondents/SIC Codes

................................ ................................ ......................... 30

4(b): Information Requested

................................ ................................ ............................. 30

SECTION 5: The In formation Collected

– Agency Activities, Collection Methodology, and

Information Management

................................ ................................ ................................ ..... 32

5(a): Agency Activities

................................ ................................ ................................ ...... 32

5(b): Collection Methodology and Management

................................ ................................ 33

5(c): Small Entity Flexibility

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

5(d): Collection Schedule

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

SECTION 6: Estimatin g the Burden and Costs of the Collection

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

6(a): Estimating Respondent Burden

................................ ................................ ................ 35

6(b): Estimating Respondent Costs

................................ ................................ .................. 36

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

................................ ............................ 38

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

................................ ........................... 40Draft for public review with First federal Register Notice

— Has not been submitted to

OMB August 2015



### iv 6(e): Burden Statement

................................ ................................ ................................ .... 40

### TABLE OF CONTENTS (Cont'd.)

v TABLES

Table 1 Establishment of No

- discharge Zone by State Prohibition, Respondent (State

Agency) Burden Hours and Costs [40 CFR § 

### 1700.9]

................................ ..................... 16

Table 2 Establishment of No

- dischar ge Zone by EPA Prohibition, Respondent (State

Agency) Burden Hours and Costs [40 CFR § 

### 1700.10]

................................ .................... 17

Table 3 Petition for Review, Respondent (State Agency) Burden Hours and Costs [40

CFR § 

### 1700.12]

................................ ................................ ................................ .................. 18

Table 4 Establishment of No

- discharge Zone by State Prohibition, Agency (EPA) Burden

Hours and Costs [40 CFR § 

### 1700.9]

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

Table 5 Establishment of No

- discharge Zone by EPA Prohibition, Agency (EPA) Burden

Hours and Costs [40 CFR § 

### 1700.10]

................................ ................................ .............. 20

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



### 1700.12]

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

Table 7 Total Estimated Respondent (State Agency) Burden and Cost Summary

........... 22

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

................................ 23

Table 9 State No

- discharge Zon e Applications under 40 CFR 140.4(a)

......................... 43

Table 10 No

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

......... 45

### TABLE OF CONTENTS (Cont'd.)

vi Table 11 State No

- discharge Zone Applications under 40 CFR 140.4(b)

........................ 47

Table 12 No

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

......... 49

Table 13 State No

- discharge Zone Applications under 40 CFR 140.4(c)

......................... 51

Table 14 No

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

......... 53

Table 15 Total Estimated Respondent (State Agency) Burden and Cost Summary for

Establishing NDZs for Vessel Sewage

................................ ................................ ................ 55

Table 16 Total Estimated Agency (EPA) Burden and Cost Summary for Establishing

NDZs for Vessel Sewage

................................ ................................ ................................ .... 56

### TABLE OF CONTENTS (Cont'd.)

vii ATTACHMENTS

Attachment A: Summary Table for Information Collection under CWA Section 312

Attachment B: 40 CFR 1700 (Uniform National Discharge Standards for Vessels of the

Armed Forces

Attachment C: CWA Section 312 (Marine Sanitation Devices)

Attachment D: 40 CFR 140 (Marine Sanitation Device Standard)

### 1 ESTABLISHING NO

- DISCHA RGE ZONES (NDZs)

UNDER CLEAN WATER ACT SECTION 312 (Renewal)

ICR # 1791. 06

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 establishing No

- discharge Zones (NDZs) for treated or untreated

vessel sewage discharges and for discharges incidental to the normal operation o f Armed

Forces vessels 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

Informatio n Collection Review 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 Ha ndbook , which are not relevant to this application, are noted and the basis for

this determination stated. EPA's Information Resources Management Policy Manual (July

1987), Regulation Development in EPA (September 1992), and EPA's Instructions for

Prepari ng Information Collection Requests (June 1992) also guided the development of

this document. This document updates the previous ICR supporting document developed

in 2008, Establishing No

- discharge Zones (NDZs) under the Clean Water Act §312

.

Approach Take n in this Information Collection Request

This ICR analysis activity associated with NDZ designations for vessel sewage and for

incidental discharges from Armed Forces vessels. It addresses these activities separately

in Chapters I and II. The term NDZ will be used to refer to the designation as it pertains

to that chapter. For example, NDZs discussed in Chapter I refer to designations that

prohibit the incidental discharges from Armed Forces vessels, and NDZs in Chapter II refer

to those areas where th e discharge of vessel sewage is prohibited.

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 Collection Review Ha ndbook . However, a conservative approach (i.e.,

### 3

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 described, 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 of

EPA's guidance on establishing 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 Dischar ges Incidental to the Normal Operation of

Armed Forces Vessels 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 nder 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 the control of discharges (other than sewage) incidental to the normal operation of

Armed Forces vessels. 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 regu lations regarding these discharges. However, No

- discharge Zones

(“NDZs”) may be established by either State prohibition or EPA prohibition following the

procedures in proposed 40 CFR Part 139. The purpose of this chapter of the ICR is to

discuss the info rmation 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.

### 5

UNDS also provides that the Governor of any State may petition EPA and the Secretary of

Defense to review any determi nation or standard promulgated under the UNDS program if

there is significant new information that could reasonably result in a change to the

determination or standard. This chapter of the ICR also discusses the information that will

be required from a St ate if it decides to submit such a petition.

SECTION 2: Need for and Use of the Collection

2(a): Need/Authority for the Collection

1) NDZ by State Prohibition: In order for a State to prohibit a discharge incidental to the

normal operation of an Armed Forces vessel, EPA must make the following determinations:

I) that adequate facilities for the safe and 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 operation 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 requested is listed in 40 CFR 1700.9(a).

2) NDZ by EPA Prohibitio n: 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 protection and enhancement of the quality of

### 6

the specified wate rs 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 to

which the prohibition would apply; 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

infor mation 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 scientific and technical information that could reasonably

result in a change to the determ ination 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 relevant to one or more of the seven factors which EPA and the

Secretary of Defense are requir ed 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 1700.12 (see Attachment B).

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

1) NDZ by State Pr

ohibition: The information requested from the State will be used by

### 7

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 by

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 Crite ria

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 responsible 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 a re responsible for reviewing

### 8

determinations 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 07 /29/2011 , 76 FR

45553 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 (Renwal); EPA ICR No. 1791.06; OMB Control No. 2040

-

0187.” EPA received 0 comments on this notice.

3(c): Consultations

T hree representatives of s tate environmental offices were contacted by EPA in October of

2011 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)

. 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

### 9

thi s chapter of the ICR, and the Petition for review 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 the

submission of any confidential information.

3(g): Sensitive Questions

The information colle ction 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

### 10

State governments (SIC code 9511, NAICS code 924110 ) are the only respondents to the

data collection activities 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 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 Activitie s

For the establishment of an NDZ by State Prohibition, a State must:

• Submit to EPA a certification that it has determined that the protection and

enhancement of the quality of the proposed waters require greater environmental

protection, and

• Submit to EPA a request with enough information for EPA to determine 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 h ave the effect of discriminating against Armed Forces

vessels by reason of the ownership or operation by the Federal Government, or

### 11 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

For 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 o f 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 wi ll not have the effect of discriminating against Armed Forces

vessels 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

### 12

• Ident ification 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 change 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 Acti

vities

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 Mari ne 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 Methodology and

Information Management

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

### 13

Prohibition consist of the following:

• Clarify any questions from State applican ts

• 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 no t have the effect of discriminating against Armed

Forces vessels by 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

- discharge 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 Forces

vessels by reason of the ownership or operati on by the Federal Government,

or the military function, of the vessel.

### 14

• Notify the State 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 any comments submitted

• Copy, store, file and maintain the State’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 State to review a determination or standard consist of the following:

• Clarify any questions from State applicants

• Review petition and decide whether the requested c hange 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 determin ation taking into account any comments submitted

• If the change requested in the petition is not approved, notify the State of the

reasons in writing

• Copy, store, file and maintain the State’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 States in the

### 15

form of a request letter, application, or petition. EPA will ensure the accuracy and

completeness of this information by revi ewing 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 ICR are

States. 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 State prohibition because the discharges

which will be regulated by this rulemaking are not currently regulated by most States. This

is not a reporting requirement, nor are there any deadlines associated with these requests.

If a State determines that it would like to establish a n NDZ by State prohibition, i t 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 four requests per year.

No

- discharge Zone (NDZ) by EPA Prohibition u nder Section 1700.10

EPA expects very few applications for NDZs by EPA prohibition because the discharges

which will be regulated by this rulemaking are not currently regulated by most States and

### 16

because this process is more complex than establishing an ND Z by State prohibition. This

is not a reporting requirement, nor are there any deadlines associated with these requests.

If a State determines that it would like EPA to establish an NDZ by EPA prohibition, EPA

is required by statute to make three determi nations 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 per year.

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 control, or of standards of

performance for Marine Pollution Control Devices. Such petitions may only be used by a

State 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, at the end of this section. The text in

this section explains how these estimates were derived.

### 17

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 an alysis 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

- effort

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

by EPA.

6(b): Estimating Respondent Costs

(I) Estimating Labor Costs

All labor cost

- rate data used in Tables 1 to 3 were obt ained from the U.S. Bureau of

Labor Statistics (BLS) Compensation Cost Trends web page published for March of 2011

( http://www.bls.gov/news.release/ecec.t04.htm ) estimating the salaries for state and

local government employees.

Table 4 of the BLS report ( http://www.bls.gov/news.release/ecec.t04.htm March,

2011) contains employee compensation data for State and Local Government Employer s.

The labor rates for respondent management, technical, and clerical personnel in Tables 1

to 3 of the ICR were obtained from the “White

- Collar Occupations” category.

### 18

BLS Report (Table 4)

White

- Collar Job

Classification Titles ICR Respondent Job

Classification Titles Used

in ICR Tables 1

- 3 Corresponding Labor

Compensation (hourly rate)

from BLS Report

Executive, administrative,

and managerial Management $ 49.19

Professional specialty and

technical Technical $ 48.28

Administrative support

including clerical Clerical $ 28.28

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, retiremen t, 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

There are no predicted r espondent capital or start

- up costs associated with the activities

described in this chapter of the ICR.

Nonlabor O&M includes only costs for photocopying, postage, telephone charges, and

### 19

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 expenses.

6(c): Estimatin g 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 collection 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 of §§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.

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 2011 General Schedule Locality

Pay Tables can be found at http://www.opm.gov/oca/08tables/html/dcb.asp. The

salary scales contained in the table were effective January 20 11.

Step 1 of the GS salaries was used in thi s chapter of the ICR analysis. The annual GS

salary rates were converted to hourly rates according to instructions in Section 6(c) of the

### 20

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. The 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 January 2011

Annual GS Salary

(Step 1) Work Hours

Per Year

Factor Benefits

Factor Calculated

Hourly Rate

Used in

Tables 4

- 6

Management GS

- 14, $ 105

, 211  2,080  1.6 $ 80.93 /hr

Technical GS

- 12, $ 74,872  2,080  1.6 $ 57.59 /hr

Clerical GS

- 9, $ 51,630  2,080  1.6 $ 39.72 /hr

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

Total estimated burdens of 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 contained in both of these tables are transcribed from

Tables 1 to 6.

### 21

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 6 6 957 $ 43,740.26 $44,640.26 $900

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 6 6 173 $10,386.83 $ 10,746.83 $360



### 6(e): Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is

estimated to average 160 hours per response (957 hours/6

. ) The combined annual public

reporting and recordkeeping burden for this entire Information Collection Request is

estimated to average 142 hours per response (2266 hours/16). Burde n means the total

time, effort, or financial resources expended by persons to generate, maintain, retain, or

disclose or provide information to or for a Federal agency. This includes the time needed

to review instructions; develop, acquire, install, and u tilize technology and systems for the

purposes of collecting, validating, and verifying information, processing and maintaining

information, and disclosing and providing information; adjust the existing ways to comply

with any previously applicable instruc tions and requirements; train personnel to be able to

### 22

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 collection 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 Agen cy'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 I D No. EPA

- HQ

- OW

- 2008

- 0150,, which is available for 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 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 and Regulatory Affairs, Office of Management and Budget, 725 17th

Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the

EPA Docket ID EPA

- HQ

- OW

- 2008

- 0150, and OMB control number 2040

- 0187 in any

### 23

correspondence.

### 24

Table 1. Establishment of No

- discharge Zone by State Proh ibition, Respondent (State Agency) Burden Hours and Costs [40 CFR §

1700.9]

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$49.19/hr Technical

$48.28/hr Clerical

$28.28/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 4) Total

Hours/

Year Total Cost/

Year ($)

1. Request Preparation

a. Read regulations; review guidance

document; plan strategy 3.00 20.00 4 92.00 $4,452.68

b. Clarify questions with EPA 3.00 50 4 12.00 $779.36

2. Gather Information

a. Identification of discharge 0.25 4 1.00 $48.28

b. Definition of waters in NDZ 1.00 4 4.00 $193.12

c. Determination of necessity for greater

environmental protection 5.00 4 20.00 $965.50

d. Description of discharge removal facilities 1.25 9.00 4 41.00 $1,984.03

e. Information on regulation of this discharge

from non

- Armed Forces vessels 2.75 4 11.00 $531.08

3. Create Information (analyze data and

compile/write Request Letter) 8.00 59.00 10.00 40 4 308.00 $14,259.36

4. Review information 8.00 32.00 8.00 4 192.00 $8,658.88

5. Complete paperwork (e.g., Request

Letter) 3.00 3.00 10 4 24.00 $969.64

6. Copy, store, file, and maintain information 3.00 50 4 12.00 $539.36

Subtotal (hours and costs) 23.25 132.00 24.00 0.00 150.00 4 717.00 $33,381.39

* O&M costs include photocopying, postage, telephone, etc.

### 25

Table 2. Establishment of No

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

§1700.10]

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$49.19/hr Technical

$48.28/hr Clerical

$28.28/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

Request Preparation

a. Read regulations; review guidance

document; plan strategy 3.00 20.00 1 23.00 $1,113.17

b. Clarify questions with EPA 3.00 $50.00 1 3.00 $194.84

2. Gather Information

a. Identification of discharge 0.25 1 0.25 $12.07

b. Definition of waters in NDZ 1.00 1 1.00 $48.28

c. Technical analysis showing why

protection requires a prohibition of the

discharge 9.00 1 9.00 $434.52

d. Description of discharge removal facilities 1.25 9.00 1 10.25 $496.01

e. Information on regulation of this discharge

from non

- Armed Forces vessels 2.75 1 2.75 $132.77

3. Create Information (analyze and interpret

data) 8.00 70.00 10.00 $40.00 1 88.00 $4095.92

4. Review information and make

determination 8.00 32.00 8.00 1 48.00 $2164.72

5. Complete paperwork (e.g., Reply Letter) 3.00 3.00 $10.00 1 6.00 $242.41

6. Disclose information (i.e., Federal

Register notices) $0.00

7. Copy, store, file, and maintain information 3.00 $50.00 1 3.00 $134.84

Subtotal (hours and costs) 23.25 147.00 24.00 $0.00 $150.00 1 194.25 $ 9069.55

* O&M costs include photocopying, postage, telephone, etc.

### 26

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

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.
$ 49.19 /hr Technical

$ 48.28 /hr Clerical

$ 28.28 /hr Capital/

Startup Cost ($) O & M

Cost ($)* Number

Respon. (N = 1) Total

Hours/

Year Total Cost/

Year ($)

Request Preparation

Read regulations; review guidance
document; plan strategy 1.00 4.00 1 5.00 $ 242.31

Clarify questions with EPA 1.00 $50.00 1 1.00 $ 98.26

Gather Information

Identification of discharge or standard 0.25 1 0.25 $ 12.07

Scientific and technical information on
which petition is based 0.50 6.00 1 6.50 $ 314.28

Explanation on how information relates to statutory factors 0.50 2.00 1 2.50 $ 121.16

Create Information (analyze and interpret
data) 1.00 12.00 2.00 $40.00 1 15.00 $ 725.11

Review petition information for accuracy

and make determination 2.00 4.00 4.00 $10.00 1 10.00 $ 414.62

Complete paperwork (e.g., Petition) 2.00 2.00 1 4.00 $ 154.94
Disclose Information (i.e., Federal Register notices) $0.00

Copy, store, file, and maintain information 2.00 $50.00 1 2.00 $ 106.56

Subtotal (hours and costs) 7.00 29.25 10.00 $150.00 1.00 46.25 $2, 189.32

* O&M costs include photocopying, postage, telephone, etc.

### 27

Table 4. Establishment of No

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

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.
$ 80.93 /hr
(GS

- 14) Technical

$ 57.59 /hr
(GS

- 12) Clerical

$ 39.72 /hr
(GS

- 9) Capital/

Startup Cost ($) O & M

Cost ($)* Number

Respon. (N = 4) Total

Hours/

Year Total Cost/

Year ($)

Request Preparation

Read regulations; review guidance
document; plan strategy
Clarify questions with EPA 2.00 4 8.00 $ 460.72

Gather Information

Identification of discharge $0.00

Definition of waters in NDZ $0.00

Determination of necessity for greater
environmental protection $0.00

Description of discharge removal facilities $0.00

Information on regulation of this discharge

from non

- Armed Forces vessels $0.00

Create Information (analyze data and
compile/write Request) $0.00

Review information and make

determination 4.00 16.00 4 80.00 $4, 980.64

Complete paperwork (e.g., Reply Letter) 1.50 1.50 $10.00 4 12.00 $ 763.90
Copy, store, file, and maintain information 1.50 $50.00 4 6.00 $4 38.32

Subtotal (hours and costs) 5.50 18.00 3.00 $60.00 4 106.00 $6, 643.58

* O&M costs include photocopying, postage, telephone, etc.

### 28

Table 5. Establishment of No

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

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$ 80.93 /hr

(GS

- 14) Technical

$ 57.59 /hr

(GS

- 12) Clerical

$ 39.72 /hr

(GS

- 9) Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

1. Request Preparation

a. Read regulations; review guidance

document; plan strategy

b. Clarify questions with EPA 2.00 1 2.00 $115.18

2. Gather Information $0.00

a. Identification of discharge $0.00

b. Definition of waters in NDZ $0.00

c. Technical analysis showing why

protection requires a prohibition of the

discharge $0.00

d. Description of discharge removal facilities $0.00

e. Information on regulation of this discharge

from non

- Armed Forces vessels $0.00

3. Create Information (analyze and interpret

data) $0.00

4. Review information and make

determination 4.00 16.00 1 20.00 $1,245.16

5. Complete paperwork (e.g., Reply Letter) 1.50 1.50 $10.00 1 3.00 $190.98

6. Disclose information (i.e., Federal

Register notices) 1.00 4.00 2.00 1 7.00 $390.73

7. Copy, store, file, and maintain information 1.50 $50.00 1 1.50 $109.58

Subtotal (hours and costs) 6.50 22.00 5.00 $60.00 1 33.50 $2,051.63

* O&M costs include photocopying, postage, telephone, etc.

### 29

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

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$ 80.93 /hr

(GS

- 14) Technical

$ 57.59 /hr

(GS

- 12) Clerical

$ 39.72 /hr

(GS

- 9) Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

1. Request Preparation

a. Read regulations; review guidance

document; plan strategy

b. Clarify questions with EPA 2.00 1 2.00 $115.18

2 Gather Information

a. Identification of discharge or standard $0.00

b. Scientific and technical information on

which petition is based $0.00

c. Explanation on how information relates to

statutory factors $0.00

3. Create Information (analyze and interpret

data) $0.00

4. Review petition information for accuracy

and make determination 4.00 16.00 1 20.00 $1,245.16

5. Complete paperwork (e.g., Reply Letter) 1.50 1.50 $10.00 1 3.00 $190.98

6. Disclose Information (i.e., Federal

Register notices) 1.00 4.00 2.00 1 7.00 $390.73

7. Copy, store, file, and maintain information 1.50 $50.00 1 1.50 $109.58

Subtotal (hours and costs) 6.50 22.00 5.00 $60.00 1 33.50 $2,051.63

* O&M costs include photocopying, postage, telephone, etc.

### 30

Table 7. Total Estimated Respondent (State Agency) Burden and Cost Summary

Number of

Respondents Number of

Activities

Per Year Total Number

of Hours Per

Year Total Labor

Cost Per Year ($) Total Annual

Capital Costs ($) Total Annual

O&M Costs

($) Total Cost

Per Year ($)

No

- discharge Zone by

State Prohibition [40 CFR

§ 1700.9; Table 1] 4 4 717 $32,781.39 $0.00 $600.00 $ 33,381.39

No

- discharge Zone by

EPA Prohibition [40 CFR

§ 1700.10; Table 2] 1 1 194 $8,919.55 $0.00 $150.00

$150.00 $ 9,069.55

Petition for Review [40

CFR § 1700.12; Table 3] 1 1 46 $2,039

$2,039.32 $0.00 $150.00 $2 ,189.32

TOTAL 6 6 957 $43,740.26 $0.00 $900.00 $ 44,640.26

### 31

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

Number of

Respondents Number of

Activities

Per Year Total Number

of Hours Per

Year Total Labor

Cost Per Year ($) Total Annual

Capital Costs ($) Total Annual

O&M Costs

($) Total Cost

Per Year

($)

No

- discharge Zone by

State Prohibition [40

CFR § 1700.9; Table 4] 4 4 106.00 $6,403.58 $0.00 $240.00 $6,643.58

No

- discharge Zone by

EPA Prohibition [40 CFR

§ 1700.10; Table 5] 1 1 33.50 1,991.63 $0.00 $60.00 $2,051.63

Petition for Review [40

CFR § 1700.12; Table 6] 1 1 33.50 1,991.63 $0.00 $60.00 $2,051.63

TOTAL 6 6 173.00 10,386.83 $0.00 $360.00 $10,746.83

### 32



## 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)(4B)

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. If the State applies under §312(f)(3), EPA

must determine from the State application whether there are adequate and reasonably

available pumpout facilities for such waters to which such a prohibition would apply. A

State can petition EPA to designate its waters as an NDZ for vessel sewage if the

protection of the waters require a complete prohibition of the discharge of vessel sewage.

Under §312(f)(4)(A), upon application by a State, EPA may by regulation establish a No

discharge Zone for waters which protection and enhancement of the quality of specified

waters within such State require such a prohi bition. 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 appr ovals and designations related to establishing No

discharge Zones (NDZs), States are required under the regulations to provide information

relevant to this decision

- making process thus triggering the requirement for EPA to have

### 33

an ICR in compliance with th e Paperwork Reduction Act.

SECTION 2: Need for and Use of the Collection

This section describes the statutory and regulatory 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

and subsequent regulations. The establishment of NDZs provide State and local

governments with a tool to protect waters from trea ted 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 relevan t 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

establishment 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 enviro nmental protection, such State may completely

### 34

prohibit the discharge from all vessels of any sewage, whether treated or

not, into such waters, except that no such prohibition shall apply until the

Administrator determines that adequate facilities for the s afe 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 within 90 days of

the date of s uch 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 Administrator shall by regulation

complet ely 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 a nd 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 discharge

prohibition and the exi stence of adequate sanitary waste reception facilities (i.e., pumpout

facilities). The other two methods under CWA §312(f) typically have fewer conditions to

meet because the proposed NDZ is an area of particular environmental importance

[§312(f)(4)(A)] o r is a proposed drinking water intake zone [§312(f)(4)(B)]. The

relevant regulations promulgated under CWA §312 are described in the following section.

### 35

2) Regulatory Authority: CWA §312(f) authorizes the EPA to d evelop 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. The first part of the

standard applies to vessels traveling on waters wh ich are land

- locked and do not have

interstate traffic. MSDs on these vessels must be designed and operated so that no

discharge of sewage, either treated or untreated, occurs. The second part of the standard

pertains to all other waters and provides spe cific effluent levels that MSDs must meet.

As provided for in CWA §312, the EPA regulations also provide States with the opportunity

to apply for a No

- discharge Zone, or a complete prohibition 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 State applications for prohibiting

the discharge of vessel sewage into waters identified by the State and must determine

from the State appli cation whether there are adequate and reasonably available pumpout

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

Under 40 CFR 140.4(b), States may make a written application to EPA to designate an

NDZ in waters which are of particular environmental importance (e.g., Boundary Waters

Canoe Area) [§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)].

### 36

2(b): Pra ctical 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 environm ental agency to the EPA Regional

Administrator. Depending on the type of NDZ sought by the State, EPA uses the

information to assist the State NDZ designation. EPA Headquarters and EPA Regional

Offices use the information collected under this ICR to car ry out their responsibilities under

the CWA with 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 b y EPA to make the determination of the availability of

pumpout or dump stations in the area supporting a State’s potential NDZ for vessel

sewage designation.

(2) NDZ Designation under 312(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

certifies that the waters require additional protection because of its recreational, economic,

ecological, or scientific value.

(3) NDZ Designation under 312(f)(4)(B) and 40 CFR 140(c): The information requested

### 37

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, Consultations, 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 c onsultations have occurred, the

public has had an opportunity to comment on the proposed requirements, and other

collection criteria.

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 pumpout and dump stations. 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)

### 38

If a State applies to EPA for the designatio n of its waters as an NDZ under 40 CFR

140.4(b) because of the environmental or economic importance of the waters, 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 process. The application can be

prepared using existing sources of data. EPA has developed a guidance document to

help States prepare their NDZ for vessel sewage applications, and it includes suggestions

on where to find th e information required. The document 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 coll ection 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 07 /29/2011 , 76 FR

45553 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 (Renwal); EPA ICR No. 1791.06; OMB Control No. 2040

-

### 39

0187.” EPA received 0 comments on this notice.

3(c): Consultations

Three representatives of state environmental offices were contacted by EPA in October of

2011 and asked to provide oral 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)

. One commentor felt like the estimates

were reasonable. The other two felt like the estimates were too low and provided specific

markups to the estimates. EPA made changes in this assessment to reflect their

comments.

3(d): Effects of Less Frequent Collection

The information collection requirements related to the NDZ application p rocess 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).

### 40

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 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

This section provides a description of the information collection requirements affiliated with

the NDZ for vessel sewage app lication 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 to

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

### 41

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 show ing the location of commercial and recreational pumpout

facilities;

3. A description of the location of pumpout facilities within waters

designated for no discharge;

4. The general schedule of operating hours of the pumpout facilities;

5. The draft require ments on vessels that may be excluded because of

insufficient water depth adjacent to the facility;

6. Information indicating that treatment of wastes from such pumpout

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 State

environmental agency.

### 42

2. The State environmental agency, in turn, submits the application to the EPA

Regional office for approval of an NDZ designation.

3. This approval involves the determination of available pumpout s

.

4. Upon a finding of adequate or inadequate pumpout station availability, EPA

issues a Notice of Determination stating such.

5. A State then may designate the particu lar waters as an NDZ depending on

EPA’s finding.

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 of the environmental, scientific, recreational, or economic importa nce of

the waters, 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. Specification 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 areas , and/or ;

5. Identification of areas of intensive boating activities; and

6. A map of the waters to be designated as an NDZ.

### 43

(ii) Respondent Activities

1. An application submitted under 40 CFR 140.4(b) is prepared by the State

en vironmental agency.

2. The State 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 regulation 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 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.

(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 description 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;

3. A map of the waters to be designa ted as a drinking water intake zone; and

### 44

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 State

environmental agency.

2. The State environmental agency, in turn, 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 appli cation, 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 des cribes 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 State to establish an NDZ for vessel

sewage under 40 CFR 140.4(a) consists of the following:

1. Clarify any questions from State applicants;

### 45

2. Review the information in the request and determine whether: adequate

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 State in writing of the above determinations including a Federal

Register Notice of Determination; and

4. Copy, store, file, and maintain the State’s request and EPA’s response

letter.

NDZ Designation under 40 CFR 140.4 (b)

Agency activities associated with a request by a State to establish an NDZ for vessel

sewage under 40 CFR 140.4 (b) consists of the following:

1. Clarify any questions from State applicants;

2. Review the information i n the request and determine whether: the water for

which the prohibition would apply are of environmental importance;

3. Notify the State in writing of the above determinations;

4. Prepare the regulation for the NDZ designation;

5. Copy, store, file, and m aintain the State’s request and EPA’s response

letter.

NDZ Designation under 40 CFR 140.4(c)

Agency activities associated with a request by a State to establish an NDZ for vessel

sewage under 40 CFR 140.4(c) consist of the following:

1. Clarify any questions from State applicants;

2. Review the information in the request and determine whether: the water for

### 46 which the prohibition would apply are suitable for drinking purposes;

3. Notify the State in writing of the above determinations;

4. Prepare the regulation for the NDZ designation;

5. Copy, store, file, and maintain the State’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

States in the form of a request letter and/or application. EPA will ensure 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 described 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)

NDZ designations u nder this provision have been established significantly more frequently

than under the other two provisions. EPA has to determine if there are adequate pumpout

facilities available. The designation does not require any additional information collection

o ther than the one

- time application.

NDZ Designation under 40 CFR 140.4(b)

### 47

There are two 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. Th e

designation does not require any additional information collection other than the one

- time

application.

NDZ Designation under 40 CFR 140.4(c)

There is one NDZ designated under this provision. A State applies for the NDZ and EPA

determines if the water s 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 established under the other provisions) do not require any

additional informatio n 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 described in this

chapter are in Tables 9

- 16 at the end of this section. 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

experience in assisting States in establishing NDZs for vessel sewage in their waters.

These burden hours were also derived using information collection activities gathered f or

### 48

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.

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 comple te 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 estimate 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 ch apter of the ICR for which burden hours have been

categorized:

· The application preparation 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.

### 49

NDZ Designation under 40 CFR 140. 4(a)

Applications are submitted to EPA by States. Based on EPA forecasts, eight applications

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

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 i nformation

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

### 50

(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:

ftp://ftp.bls.gov/pub/news.release/ecec.txt.

Table 4 of the BLS report ( http://www.bls.gov/news.release/ecec.t04.htm March 2011)

contains employee compensation data for State and Local Government Employers. The

labor rates for respondent management, technical, and clerical personnel in Tables 9, 11,

and 13 o f the ICR were obtained from the “White

- Collar Occupations” category.

### 51

BLS Report (Table 4)

White

- Collar Job

Classification Titles ICR Respondent Job

Classification Titles Used in

ICR Tables 9, 11, and 13 Corresponding Labor

Compensation (hourly rate)

from BLS Report

Executive, administrative,

and managerial Management $49.19

Professional specialty and

technical Technical $48.28

Administrative support

including clerical Clerical $28.28

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 compensatio n) are used 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 wer e 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

### 52

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, is

assumed to be exclusively telephone and facsimile machine expenses. Other O&M

expen ses listed 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 adjusted 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 experience 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 hour s have been

categorized:

### 53

· 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 personnel:

management, technical, and clerical.

· Information storage involves clerical time

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 application by States focusing on the availability of pumpout facilities. Based

on EPA forecasts, eight applications per year were assumed. The average application

was assumed to be about 15 pages in length. EPA discloses its determination in the

Federa l Register 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)

### 54

EPA reviews appli cation from 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 e ither by rule or by Notice of Determination.

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 2011 General Schedule Locality

Pay Tables can be foun d at http://www.opm.gov/oca/ 11 tables/html/dcb.asp. The salary

scales contained in the table were effective January 2011. 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 ac cording to instructions in Section 6(c) if 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. The 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 10, 12, and 14 of the ICR.

ICR Agency Job

Classification Title

Used in ICR Tables

10, 12, 14 January 2011 Annual

GS Salary (Step 1) Work Hours

Per Year

Factor Benefits

Factor Calculated Hourly

Rate Used in

Tables 10, 12, 14

### 55

Management GS

- 14, $ 105

, 211  2,080  1.6 $ 80.93 /hr

Technical GS

- 12, $ 74,872  2,080  1.6 $ 57.59 /hr

Clerical GS

- 9, $ 51,630  2,080  1.6 $ 39.72 /hr

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.

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

($)

10 9.33 1309 $1,399.50 $62,581.83 $ 63,981

### 56

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

($)

10 9.33 31 3 $600.00 $18,648.28 $19,248.28



### 6(e): Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is

estimated to average 140 hours per response ( 1309 hours/9.33)

. The combined annual

public reporting and recordkeeping burden for this entire Information Collection R equest is

estimated to average 142 hours per response ( 2266 hours /16 )

. 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 incl udes the time needed

to review instructions; develop, acquire, install, and utilize technology and systems for the

purposes of collecting, validating, and verifying information, processing and maintaining

information, and disclosing and providing informati on; 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 collection of

### 57

information unless it displays a currently valid OMB control number. The OMB control

numbers for EPA's regulations ar e 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 collectio n techniques, EPA has established a public docket

for this ICR under Docket ID No. EPA

- HQ

- OW

- 2008

- 0150,

, which is available for online

viewing at www.regulations.gov , or in person viewing at the Water Docket in th e 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 Rea ding 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 listin g 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

Offic e of Information and Regulatory Affairs, Office of Management and Budget, 725 17th

Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the

EPA Docket ID EPA

- HQ

- OW

- 2008

- 0150, and OMB control number 2040

- 0187 in any

correspo ndence.

### 58

Table 9. State No

- Discharge Zone Applications under 40 CFR 140.4(a)

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$49.19/hr Technical

$48.28/hr Clerical

$28.28/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total Hours/

Year Total Cost/

Year ($)

1. Request Preparation

a. Read regulations; review guidance

document; plan strategy 0.00 4.00 0.00 $0 $0 8 32 $1544.96

b. Clarify questions with EPA 0.00 1.00 0.00 $0 $50 8 8 $786.24

2. 2. Gather Information

a. Certification of necessity for greater

environmental protection 0 .00 16 .00 0.00 $0 $0 8 128 $ 6179.84

b. Pumpout facility map 0 .00 8 .00 0.00 $0 $0 8 64 $ 3089.92

c. Description of pumpout facilities 0 .00 2 .00 0.00 $0 $0 8 16 $ 772.48

d. Schedule of operating hours of

pumpout facilities 0 .00 1.00 0.00 $0 $0 8 8 $ 386.24

e. Draft requirements and water

depth adjacent to pumpout facilities 0 .00 1 .00 0.00 $0 $0 8 8 $ 386.24

### 59

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$49.19/hr Technical

$48.28/hr Clerical

$28.28/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total Hours/

Year Total Cost/

Year ($)

f. Waste disposal methods for

pumpout facilities 0 .00 1 .00 0.00 $0 $0 8 8 $ 386.24

g. Vessel population and vessel usage 0.00 16.00 0.00 $0 $0 8 128 $6179.84

3. Create information (analyze data and

compile/write application 0.00 45.00 0.00 $0 $40 8 360 $17700.80

4. Review and edit information for

accuracy 0.00 40.00 0.00 $0 $0 8 320 $15449.60

5. Complete paperwork (e.g. submittal

letter) 1.00 3.00 0.00 $0 $10 8 32 $1632.24

6. Disclose information (i.e. Federal

Register notices) 0.00 0.00 0.00 $0 $0 8 0 $0.00

7. Copy, store, file, and maintain

information 0.00 1.00 0.00 $0 $50 8 8 $786.24

Subtotal (hours and costs) 1 139 0 $0 $150 8 1120 $55,280.88

* O&M costs include photocopying, postage, telephone, etc. Multiplied by 8 responses.

### 60

### 61

Table 10. No

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

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$80.93/hr Technical

$57.59/hr Clerical

$39.72/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

1. Request Preparation

a. Read regulations; review guidance

document; plan strategy 0.00 0.00 0.00 $0 $0 8 0 $0.00

b. Clarify questions with EPA 0.00 0.00 0.00 $0 $0 8 0 $0.00

2. Gather Information 0 $0.00

a. Certification of necessity for greater

environmental protection 0.00 0.00 0.00 $0 $0 8 0 $0.00

b. pumpout facility map 0.00 0.00 0.00 $0 $0 8 0 $0.00

c. Description of pumpout facilities 0.00 0.00 0.00 $0 $0 8 0 $0.00

d. Schedule of operating hours of

pumpout facilities 0.00 0.00 0.00 $0 $0 8 0 $0.00

e. Draft requirements and water

depth adjacent to pumpout facilities 0.00 0.00 0.00 $0 $0 8 0 $0.00

### 62

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$80.93/hr Technical

$57.59/hr Clerical

$39.72/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

f. Waste disposal methods for

pumpout facilities 0.00 0.00 0.00 $0 $0 8 0 $0.00

g. vessel population and vessel usage 0.00 0.00 0.00 $0 $0 8 0 $0.00

3. Create information (analyze data and

compile/write application 0.00 0.00 0.00 $0 $0 8 0 $0.00

4. Review and edit information for

accuracy 4.00 16.00 0.00 $0 $0 8 160 $9,961.28

5. Complete paperwork (e.g. submittal

letter) 1.50 0.00 1.50 $0 $10 8 24 $1,527.80

6. Disclose information (i.e. Federal

Register notices) 1.00 4.00 2.00 $0 $0 8 56 $3,125.84

7. Copy, store, file, and maintain

information 0.00 0.00 1.50 $0 $50 8 12 $876.64

Subtotal (hours and costs) 6.5 20 5 $0 $60 8 252 $15,491.56

* O&M costs include photocopying, postage, telephone, etc. Multiplied by 8 responses.

### 63

Table 11. State No

- Discharge Zone Applications under 40 CFR 140.4(b)

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$49.19/hr Technical

$48.28/hr Clerical

$28.28/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

1. Request Preparation

a. Read regulations; review guidance

document; plan strategy 1.00 5.50 0.00 $0 $0 .33 2.145 $103.86

b. Clarify questions with EPA 0.00 10 .00 0.00 $0 $50 .33 3

. 3 $ 175.82

2. 2. Gather Information

a. Specification of the waters or

portions thereof for which a

complete prohibition is desired 1.00 2.00 0.00 $0 $0 .33 0.99 $48.10

b. Identification of water recreational

areas 1.00 2.00 0.00 $0 $0 .33 0.99 $48.10

c. Identification of aquatic sanctuaries 1.00 2.00 0.00 $0 $0 .33 0.99 $48.10

d. Identification of identifiable fish

spawning and nursery areas 1.00 2.00 0.00 $0 $0 .33 0.99 $48.10

### 64

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$49.19/hr Technical

$48.28/hr Clerical

$28.28/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

e. Identification of areas of intensive

boating activities 1.00 2.00 0.00 $0 $0 .33 0.99 $48.10

f . A map of the waters to be

designated as an NDZ 1.00 2.00 0.00 $0 $0 .33 0.99 $48.10

3. Create information (analyze data and

compile/write application 2.00 35.00 10.00 $0 $40 .33 15.51 $696.62

4. Review and edit information for

accuracy 8.00 32.00 8.00 $0 $0 .33 15.84 $714.36

5. Complete paperwork (e.g. submittal

letter) 1.00 3.00 3.00 $0 $10 .33 2.31 $95.33

6. Disclose information (i.e. Federal

Register notices) 0.00 0.00 0.00 $0 $0 .33 0 $0.00

7. Copy, store, file, and maintain

information 0.00 0.00 1.50 $0 $50 .33 0.495 $30.50

### 65

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$49.19/hr Technical

$48.28/hr Clerical

$28.28/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

Subtotal (hours and costs) 18 97.5 22.5 $0 $150 .33 45.54 $ 2,105.08

* O&M costs include photocopying, postage, telephone, etc. Multiplied by .33 responses.

### 66

Table 12. No

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

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$80.93/hr Technical

$57.59/hr Clerical

$39.72/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total Hours/

Year Total Cost/

Year ($)

1. Request Preparation

a. Read regulations; review guidance

document; plan strategy 1.00 2.00 0.00 $0 $0 .33 0.99 $64.72

b. Clarify questions with EPA 0.00 6 .00 0.00 $0 $0 .33 1.98 $ 114.03

2. 2. Gather Information

a. Specification of the waters or

portions thereof for which a

complete prohibition is desired 1.00 3.00 0.00 $0 $0 .33 1.32 $83.72

b. Identification of water

recreational areas 1.00 2.00 0.00 $0 $0 .33 0.99 $64.72

c. Identification of aquatic sanctuaries 1.00 3.00 0.00 $0 $0 .33 1.32 $83.72

d. Identification of identifiable

fish

- spawning and 1.00 2.00 0.00 $0 $0 .33 0.99 $64.72

### 67

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$80.93/hr Technical

$57.59/hr Clerical

$39.72/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total Hours/

Year Total Cost/

Year ($)

nursery areas

e. Identification of areas of intensive

boating activities 1.00 2.00 0.00 $0 $0 .33 0.99 $64.72

f. A map of the waters to be

designated as an NDZ 1.00 2.00 0.00 $0 $0 .33 0.99 $64.72

3. Create information (analyze data and

compile/write application 0.00 0.00 0.00 $0 $0 .33 0 $0.00

4. Review and edit information for

accuracy 1.00 4.00 2.00 $0 $0 .33 2.31 $128.94

5. Complete paperwork (e.g. submittal

letter) 0.00 1.00 0.00 $0 $10 .33 0.33 $22.30

6. Disclose information (i.e. Federal

Register notices, publish regulation) 1.00 4.00 2.00 $0 $0 .33 2.31 $128.94

7. Copy, store, file, and maintain

information 0.00 0.00 1.50 $0 $50 .33 0.495 $36. 1 6

### 68

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$80.93/hr Technical

$57.59/hr Clerical

$39.72/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total Hours/

Year Total Cost/

Year ($)

Subtotal (hours and costs) 9 31 5.5 $0 $60 .33 15.02 $921.40

* O&M costs include photocopying, postage, telephone, etc. Multiplied by .33 responses.

### 69

Table 13. State No

- Discharge Zone Applications under 40 CFR 140.4(c)

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$ 49.19 /hr Technical

$ 48.28 /hr Clerical

$ 28.28 /hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

1. Request Preparation

a. Read regulations; review guidance

document; plan strategy 2.00 16.00 0.00 $0 $0 1 18 $870.86

b. Clarify questions with EPA 0.00 3.00 0.00 $0 $50 1 3 $194.84

2. 2. Gather Information $0.00

a. Specification of the waters or

portions thereof for which a

complete prohibition is desired 1.00 6.00 0.00 $0 $0 1 7 $338.87

b. Specification and

description of the location of

the drinking water supply

intake(s) and the

community served by the intakes 1.00 3.00 0.00 $0 $0 1 4 $194.03

### 70

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$ 49.19 /hr Technical

$ 48.28 /hr Clerical

$ 28.28 /hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

c. A map of the waters to be

designated as a drinking water

intake zone 1.00 3.00 0.00 $0 $0 1 4 $194.03

d. A statement justifying the

size of the requested drinking

water intake zone 1.00 2.00 0.00 $0 $0 1 3 $145.75

3. Create information (analyze data and

compile/write application 2.00 35.00 10.00 $0 $40 1 47 $2,110.98

4. Review and edit information for

accuracy 8.00 32.00 8.00 $0 $10 1 48 $2,174.72

5. Complete paperwork (e.g. submittal

letter) 1.00 3.00 3.00 $0 $0 1 7 $278.87

6. Disclose information (i.e. Federal

Register notices) 0.00 0.00 0.00 $0 $0 1 0 $0.00

7. Copy, store, file, and maintain 0.00 0.00 1.50 $0 $50 1 1.5 $92.42

### 71

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$ 49.19 /hr Technical

$ 48.28 /hr Clerical

$ 28.28 /hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

information

Subtotal (hours and costs) 17 103 22.5 $0 $150 1 142.5 $6,595.37

* O &M costs include photocopying, postage, telephone, etc.

### 72

Table 14. No

- Discharge Zone Application Review by EPA under 40 CFR 140.4(c)

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$80.93/hr Technical

$57.59/hr Clerical

$39.72/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

1. Request Preparation

a. Read regulations; review guidance

document; plan strategy 1.00 2.00 0.00 $0 $0 1 3 $196.11

b. Clarify questions with EPA 0.00 0.00 0.00 $0 $0 1 0 $0.00

2. 2. Gather Information 0 $0.00

a. Specification of the waters or

portions thereof for which a

complete prohibition is desired 1.00 3.00 0.00 $0 $0 1 4 $253.7

b. Specification and description

of the location of the

drinking water supply

intake(s) and the

community served by the intakes 1.00 2.00 0.00 $0 $0 1 3 $196.11

### 73

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$80.93/hr Technical

$57.59/hr Clerical

$39.72/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

c. A map of the waters to be

designated as a drinking water

intake zone 1.00 3.00 0.00 $0 $0 1 4 $253.70

d. A statement justifying the

size of the requested

drinking water intake

zone 1.00 2.00 0.00 $0 $0 1 3 $196.11

3. Create information (analyze data and

compile/write application 0.00 0.00 0.00 $0 $0 1 0 $0.00

4. Review and edit information for

accuracy 1.00 3.00 0.00 $0 $0 1 4 $253.70

5. Complete paperwork (e.g. submittal

letter) 1.00 3.00 0.00 $0 $10 1 4 $263.7

6. Disclose information (i.e. Federal

Register notices, publish regulation) 3.00 12.00 6.00 $0 $0 1 21 $1,172.19

### 74

Information Collection Activity Hours and Costs Per Respondent Total Hours and Costs Per Year

Mgmt.

$80.93/hr Technical

$57.59/hr Clerical

$39.72/hr Capital/

Startup

Cost ($) O & M

Cost ($)* Number

Respon.

(N = 1) Total

Hours/

Year Total Cost/

Year ($)

7. Copy, store, file, and maintain

information 0.00 0.00 0.00 $0 $50 1 0 $50.00

Subtotal (hours and costs) 10 30 6 $0 $60 1 46 $2,835.32

* O& M costs include photocopying, postage, telephone, etc.

### 75

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

Number of

Respondents Number of

Activities

Per Year Total Number

of Hours Per

Year Total Labor

Cost Per Year

($) Total Cost

Per Year ($) Total Annual

Capital Costs

($) Total Annual

O&M Costs

($)

No

- discharge Zone

under 40 CFR

140.4(a) (Table 9) 8 8 1120 $54,081 $55,281 $0.00 $1,200.00

No

- discharge Zone

under 40 CFR

140.4(b) (Table 11) 1 0.33 46 $2,055.58 $2105 $0.00 $49.50

No

- discharge Zone

under 40 CFR

140.4(c)] (Table 13) 1 1 143 $6,445.37 $6595 $0.00 $150.00

TOTAL

10 9.33 1309 $62,581.83 $63,981 $0.00 $1, 399.50

### 76

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

Number of

Respondents Number of

Activities

Per Year Total Number

of Hours Per

Year Total Labor Cost

Per Year ($) Total Cost

Per Year ($) Total Annual

Capital Costs

($) Total Annual

O&M Costs ($)

No

- discharge Zone

under 40 CFR

140.4(a) (Table 10) 8 8 252 $15,011.56

$15,491.56 $0.00 $480.00

No

- discharge Zone

under 40 CFR

140.4(b) (Table 12) 1 0.33 15 $861.40 $921.40 $0.00 $60.00

No

- discharge Zone

under 40 CFR

140.4(c) (Table 14) 1 1 46 $2,775.32

$2835.32 $0.00 $60.00

TOTAL 10 9.33 313 $18,648.28 $19,248.28 $0.00 $600.00

### 77 Attachment A

Summary Table for Information Collection under CWA Section 312

Table 17: Total CWA Section 312 Estimated Respondent (State Agency) Burden and Cost Summary

Number of
Respondents

Per Year Number or

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 6 6 957 $900 $43,740 $44,64 1

Vessel Sewage

Table 15 10 9.33 1309 $1, 400 $62,58 2 $63,981

Total 16 15.33 2,266 $2,300 $106,322 $108,62 2

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



### Table 18: Total CWA Section 312 Estimated Agency (EPA) Burden and Cost Summary

Number of
Respondents

Per Year Number or

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 6 6 173 $360 $10,386.83 $10,746.83

Vessel Sewage

Table 15 10 9.33 313 $600 $18,648.28 $19,248.28

Total 16 15.33 486 $960 $29,035.11 $29,995.11

* This data is taken from Tables 8 and 16 of this ICR

### 78 Attachment B

40 CFR 1700 (Uniform National Discharge Standards of the Armed Forces)

### 79

Authority: 33 U.S.C. 1322, 1361.

Source: 64 FR 25134, May 10, 1999, unless otherwise noted.



## Subpart A

— Scope

§ 1700.1 Applicability.

(a) This part applies to the owners and operators of Armed Forces vessels, except where the Secretary of Defense finds that c o mpliance with this part is not in the interest of the national security of the United States. This part does not apply to vessels while they are unde r construction, vessels in drydock, amphibious vehicles, or vessels under the jurisdiction of the Departmen t of Transportation other than those of the Coast Guard.

(b) This part also applies to States and political subdivisions of States.



## § 1700.2 Effect.

(a) This part identifies those discharges, other than sewage, incidental to the normal operation of Armed Forces vessels that require control within the navigable waters of the United States and the waters of the contiguous zone, and those discharges that do not require control . Discharges requiring control are identified in §1700.4. Discharges not requiring control are identified in §1700.5. Federal standards of performance for each required Marine Pollution Control Device are listed in §1700.14. This part is not applicable beyond the contiguous zone.

(b) This part prohibits States and their political subdivi sions from adopting or enforcing State or local statutes or regulations controlling the discharges from Armed Forces vessels listed in §§1700.4 and 1700.5 according to the timing provisions in §1700.6, except to establish a no

- discharge zone by State prohi bition in accordance with §1700.9, or to apply for a no

- discharge zone by EPA prohibition in accordance with §1700.10. This part also provides a mechanism for States to petition the Administrator and the Secretary to review a determination of whether a dis charge requires control, or to review a Federal standard of performance for a Marine Pollution Control Device, in accordance with §§1700.11 through 1700.13.



## § 1700.3 Definitions.

Administrator means the Administrator of the United States Environmental Protection Agency or that person's authorized representative.

Armed Forces vessel means a vessel owned or operated by the United States Department of Defense or the United States Coast Guard, other than
vessels that are time or voyage chartered by the Arme d Forces, vessels of the U.S. Army Corps of Engineers, or vessels that are memorials or

museums.

Discharge incidental to the normal operation of a vessel means a discharge, including, but not limited to: graywater, bilgewater, cooling water, weather

deck r unoff, ballast water, oil water separator effluent, and any other pollutant discharge from the operation of a marine propulsi on system, shipboard maneuvering system, crew habitability system, or installed major equipment, such as an aircraft carrier elevat or or a catapult, or from a protective, preservative, or absorptive application to the hull of a vessel; and a discharge in connection with the testing, maintenance, and repair of any of the aforementioned systems whenever the vessel is waterborne, includi ng pierside. A discharge incidental to normal operation does not include:

(1) Sewage;

(2) A discharge of rubbish, trash, or garbage;

(3) A discharge of air emissions resulting from the operation of a vessel propulsion system, motor driven equipment, or inc inerator;

(4) A discharge that requires a National Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act; or

(5) A discharge containing source, special nuclear, or byproduct materials regulated by the Atomic Energy Act.

Environmen tal Protection Agency, abbreviated EPA, means the United States Environmental Protection Agency.

Marine Pollution Control Device, abbreviated MPCD, means any equipment or management practice installed or used on an Armed Forces vessel that
is designed to receive, retain, treat, control, or discharge a discharge incidental to the normal operation of a vessel, and that is determi ned by the Administrator and Secretary to be the most effective equipment or management practice to reduce the environmental impact s of the discharge consistent with the considerations in Clean Water Act section 312(n)(2)(B).

No

- discharge zone means an area of specified waters established pursuant to this regulation into which one or more specified discharges inciden tal to

the normal operation of Armed Forces vessels, whether treated or untreated, are prohibited.

Secretary means the Secretary of the United States Department of Defense or that person's authorized representative.

### 80 United States includes the States, the District of Columbi a, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands.

Vessel includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on navigable waters of the United States or waters of the contiguous zone, but does not include amphibious vehicles.



## Subpart B

— Discharge Determinations

§ 1700.4 Discharges requiring control.

For the following discharges inciden tal to the normal operation of Armed Forces vessels, the Administrator and the Secretary have determined that it is reasonable and practicable to require use of a Marine Pollution Control Device for at least one class of vessel to mitigate a dverse impacts on the

marine environment:

(a) Aqueous Film

- Forming Foam: the firefighting foam and seawater mixture discharged during training, testing, or maintenance operations.

(b) Catapult Water Brake Tank & Post

- Launch Retraction Exhaust: the oily water skimmed from the water tank used to stop the forward motion of an aircraft carrier catapult, and the condensed steam discharged when the catapult is retracted.

(c) Chain Locker Effluent: the accumulated precipitation and seawater that is emptied from the compartment u sed to store the vessel's anchor chain.

(d) Clean Ballast: the seawater taken into, and discharged from, dedicated ballast tanks to maintain the stability of the ves sel and to adjust the buoyancy of submarines.

(e) Compensated Fuel Ballast: the seawater ta ken into, and discharged from, ballast tanks designed to hold both ballast water and fuel to maintain the stability of the vessel.

(f) Controllable Pitch Propeller Hydraulic Fluid: the hydraulic fluid that discharges into the surrounding seawater from prop eller seals as part of normal operation, and the hydraulic fluid released during routine maintenance of the propellers.

(g) Deck Runoff: the precipitation, washdowns, and seawater falling on the weather deck of a vessel and discharged overboard through dec k openings.

(h) Dirty Ballast: the seawater taken into, and discharged from, empty fuel tanks to maintain the stability of the vessel.

(i) Distillation and Reverse Osmosis Brine: the concentrated seawater (brine) produced as a byproduct of the processes us ed to generate freshwater

from seawater.

(j) Elevator Pit Effluent: the liquid that accumulates in, and is discharged from, the sumps of elevator wells on vessels.

(k) Firemain Systems: the seawater pumped through the firemain system for firemain testing, maintenance, and training, and to supply water for the operation of certain vessel systems.

(l) Gas Turbine Water Wash: the water released from washing gas turbine components.

(m) Graywater: galley, bath, and shower water, as well as wastewater from lavato ry sinks, laundry, interior deck drains, water fountains, and shop

sinks.

(n) Hull Coating Leachate: the constituents that leach, dissolve, ablate, or erode from the paint on the hull into the surrou nding seawater.

(o) Motor Gasoline and Compensating Disch arge: the seawater taken into, and discharged from, motor gasoline tanks to eliminate free space where
vapors could accumulate.

(p) Non

- Oily machinery wastewater: the combined wastewater from the operation of distilling plants, water chillers, valve packin gs, water piping, low

and high

- pressure air compressors, and propulsion engine jacket coolers.

(q) Photographic Laboratory Drains: the laboratory wastewater resulting from processing of photographic film.

(r) Seawater Cooling Overboard Discharge: the disc harge of seawater from a dedicated system that provides noncontact cooling water for other vessel

systems.

(s) Seawater Piping Biofouling Prevention: the discharge of seawater containing additives used to prevent the growth and atta chment of biofouling

org anisms in dedicated seawater cooling systems on selected vessels.

(t) Small Boat Engine Wet Exhaust: the seawater that is mixed and discharged with small boat propulsion engine exhaust to coo l the exhaust and quiet the engine.

### 81 (u) Sonar Dome Discharge: the leaching of antifoulant materials into the surrounding seawater and the release of seawater or freshwater retained

within the sonar dome.

(v) Submarine Bilgewater: the wastewater from a variety of sources that accumulates in the lowest part of the submari ne (i.e., bilge).

(w) Surface Vessel Bilgewater/Oil

- Water Separator Effluent: the wastewater from a variety of sources that accumulates in the lowest part of the vessel (the bilge), and the effluent produced when the wastewater is processed by an oil water separator.

(x) Underwater Ship Husbandry: the materials discharged during the inspection, maintenance, cleaning, and repair of hulls per formed while the vessel

is waterborne.

(y) Welldeck Discharges: the water that accumulates from seawater flooding of th e docking well (welldeck) of a vessel used to transport, load, and unload amphibious vessels, and from maintenance and freshwater washings of the welldeck and equipment and vessels stored in t he welldeck.



## § 1700.5 Discharges not requiring control.

For th e following discharges incidental to the normal operation of Armed Forces vessels, the Administrator and the Secretary have d etermined that it is not reasonable or practicable to require use of a Marine Pollution Control Device to mitigate adverse impacts on the marine environment:

(a) Boiler Blowdown: the water and steam discharged when a steam boiler is blown down, or when a steam safety valve is tested

.

(b) Catapult Wet Accumulator Discharge: the water discharged from a catapult wet accumulator, which st ores a steam/water mixture for launching

aircraft from an aircraft carrier.

(c) Cathodic Protection: the constituents released into surrounding water from sacrificial anode or impressed current cathodi c hull corrosion protection

systems.

(d) Freshwater Lay

- up: the potable water that is discharged from the seawater cooling system while the vessel is in port, and the cooling system is in
lay

- up mode (a standby mode where seawater in the system is replaced with potable water for corrosion protection).

(e) Mine Countermeasures Equipment Lubrication: the constituents released into the surrounding seawater by erosion or dissolution from lubricated
mine countermeasures equipment when the equipment is deployed and towed.

(f) Portable Damage Control Drain Pump Discha rge: the seawater pumped through the portable damage control drain pump and discharged overboard during testing, maintenance, and training activities.

(g) Portable Damage Control Drain Pump Wet Exhaust: the seawater mixed and discharged with portable damag e control drain pump exhaust to cool the exhaust and quiet the engine.

(h) Refrigeration and Air Conditioning Condensate: the drainage of condensed moisture from air conditioning units, refrigerat ors, freezers, and refrigerated spaces.

(i) Rudder Bearing L ubrication: the oil or grease released by the erosion or dissolution from lubricated bearings that support the rudder and all ow it to turn freely.

(j) Steam Condensate: the condensed steam discharged from a vessel in port, where the steam originates from p ort facilities.

(k) Stern Tube Seals and Underwater Bearing Lubrication: the seawater pumped through stern tube seals and underwater bearings to lubricate and cool them during normal operation.

(l) Submarine Acoustic Countermeasures Launcher Discharge: the seawater that is mixed with acoustic countermeasure device propulsion gas following a countermeasure launch that is then exchanged with surrounding seawater, or partially drained when the launch asse mbly is removed from

the submarine for maintenance.

(m) Submarine Emergency Diesel Engine Wet Exhaust: the seawater that is mixed and discharged with submarine emergency diesel engi ne exhaust to cool the exhaust and quiet the engine.

(n) Submarine Outboard Equipment Grease and External Hydraulics: the grease re leased into the surrounding seawater by erosion or dissolution from
submarine equipment exposed to seawater.



## Subpart C

— Effect on States

§ 1700.6 Effect on State and local statutes and regulations.

### 82 (a) After the effective date of a final rule determining that it is not reasonable and practicable to require use of a Marine Pollution Control Device
regarding a particular discharge incidental to the normal operation of an Armed Forces vessel, States or political subdivisio ns of States may not adopt

or enforce any State or local statute or regulation, including issuance or enforcement of permits under the National Pollutant Discharge Elimination System, controlling that discharge, except that States may establish a no

- discharge zone by State prohibition (as pro vided in §1700.9), or apply for a

no

- discharge zone by EPA prohibition (as provided in §1700.10).

(b)(1) After the effective date of a final rule determining that it is reasonable and practicable to require use of a Marine Pollution Control Device
regardin g a particular discharge incidental to the normal operation of an Armed Forces vessel, States may apply for a no

- discharge zone by EPA prohibition (as provided in §1700.10) for that discharge.

(2) After the effective date of a final rule promulgated by the Secretary governing the design, construction, installation, and use of a Marine Pollution Control Device for a discharge listed in §1700.4, States or political subdivisions of States may not adopt or enforce any Sta te or local statute or
regulation, inclu ding issuance or enforcement of permits under the National Pollutant Discharge Elimination System, controlling that discharge except that States may establish a no

- discharge zone by State prohibition (as provided in §1700.9), or apply for a no

- discharge zo ne by EPA prohibition (as provided in §1700.10).

(c) The Governor of any State may submit a petition requesting that the Administrator and Secretary review a determination of whether a Marine Pollution Control Device is required for any discharge listed in §1700.4 or §1700.5, or review a Federal standard of performance for a Marine Pollution

Control Device.



## No

- Discharge Zones

§ 1700.7 No

- discharge zones.

For this part, a no

- discharge zone is a waterbody, or portion thereof, where one or more discharges incidental to the normal operation of Armed Forces
vessels, whether treated or not, are prohibited. A no

- discharge zone is established either by State prohibition using the procedures in §1700.9, or by EPA prohibition, upon application of a State, using th e procedures in §1700.10.



## § 1700.8 Discharges for which no

- discharge zones can be established.

(a) A no

- discharge zone may be established by State prohibition for any discharge listed in §1700.4 or §1700.5 following the procedure s in §1700.9. A

no

- discha rge zone established by a State using these procedures may apply only to those discharges that have been preempted from other State or local regulation pursuant to §1700.6.

(b) A no

- discharge zone may be established by EPA prohibition for any discharge lis ted in §1700.4 or §1700.5 following the procedures in §1700.10.



## § 1700.9 No

- discharge zones by State prohibition.

(a) A State seeking to establish a no

- discharge zone by State prohibition must send to the Administrator the following information:

(1) The discharge from §1700.4 or §1700.5 to be prohibited within the no

- discharge zone.

(2) A detailed description of the waterbody, or portions thereof, to be included in the prohibition. The description must inc lude a map, preferably a USGS topographic quadrant map, clearly marking the zone boundaries by latitude and longitude.

(3) A determination that the protection and enhancement of the waters described in paragraph (a)(2) of this section require g reater environmental protection than provided by existing Fede ral standards.

(4) A complete description of the facilities reasonably available for collecting the discharge including:

(i) A map showing their location(s) and a written location description.

(ii) A demonstration that the facilities have the capacity and capability to provide safe and sanitary removal of the volume of discharge being prohibited in terms of both vessel berthing and discharge reception.

(iii) The schedule of operating hours of the facilities.

(iv) The draft requirements of the vessel(s) that will be required to use the facilities and the available water depth at the facilities.

(v) Information showing that handling of the discharge at the facilities is in conformance with Federal law.

(5) Information on whether vessels other than those of the Armed Forces are subject to the same type of prohibition. If the State is not applying the prohibition to all vessels in the area, the State must demonstrate the technical or environmental basis for applying the proh ibition only to Armed Forces

vessels. T he following information must be included in the technical or environmental basis for treating Armed Forces vessels different ly:

### 83 (i) An analysis showing the relative contributions of the discharge from Armed Forces and non

- Armed Forces vessels.

(ii) A desc ription of State efforts to control the discharge from non

- Armed Forces vessels.

(b) The information provided under paragraph (a) of this section must be sufficient to enable EPA to make the two determinati ons listed below. Prior to
making these determinat ions, EPA will consult with the Secretary on the adequacy of the facilities and the operational impact of any prohibition on

Armed Forces vessels.

(1) Adequate facilities for the safe and sanitary removal of the discharge are reasonably available for the s pecified waters.

(2) 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 vessels.

(c) EPA will notify the State i n writing of the result of the determinations under paragraph (b) of this section, and will provide a written explanation of
any negative determinations. A no

- discharge zone established by State prohibition will not go into effect until EPA determines that the conditions of paragraph (b) of this section have been met.



## § 1700.10 No

- discharge zones by EPA prohibition.

(a) A State requesting EPA to establish a no

- discharge zone must send to the Administrator an application containing the following informatio n:

(1) The discharge from §1700.4 or §1700.5 to be prohibited within the no

- discharge zone.

(2) A detailed description of the waterbody, or portions thereof, to be included in the prohibition. The description must inc lude a map, preferably a USGS topograph ic quadrant map, clearly marking the zone boundaries by latitude and longitude.

(3) A technical analysis showing why protection and enhancement of the waters described in paragraph (a)(2) of this section r equire a prohibition of the
discharge. The analysis must provide specific information on why the discharge adversely impacts the zone and how prohibition will protect the zone.
In addition, the analysis should characterize any sensitive areas, such as aquatic sanctuaries, fish

- spawning and nursery areas, p ristine areas, areas
not meeting water quality standards, drinking water intakes, and recreational areas.

(4) A complete description of the facilities reasonably available for collecting the discharge including:

(i) A map showing their location(s) and a written location description.

(ii) A demonstration that the facilities have the capacity and capability to provide safe and sanitary removal of the volume of discharge being prohibited in terms of both vessel berthing and discharge reception.

(iii) The sch edule of operating hours of the facilities.

(iv) The draft requirements of the vessel(s) that will be required to use the facilities and the available water depth at the facilities.

(v) Information showing that handling of the discharge at the facilities i s in conformance with Federal law.

(5) Information on whether vessels other than those of the Armed Forces are subject to the same type of prohibition. If the S tate is not applying a prohibition to other vessels in the area, the State must demonstrate the technical or environmental basis for applying a prohibition only to Armed Forces vessels. The following information must be included in the technical or environmental basis for treating Armed Forces vessels differently:

(i) An analysis showing the relative contributions of the discharge from Armed Forces and non

- Armed Forces vessels.

(ii) A description of State efforts to control the discharge from non

- Armed Forces vessels.

(b) The information provided under paragraph (a) of this section must be sufficient to enable EPA to make the three determinations listed below. Prior to making these determinations, EPA will consult with the Secretary on the adequacy of the facilities and the operational imp act of the prohibition on

Armed Forces vessels.

(1) The protecti on and enhancement of the specified waters require a prohibition of the discharge.

(2) Adequate facilities for the safe and sanitary removal of the discharge are reasonably available for the specified waters.

(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, or the vessels.

(c) If the three conditions in paragraph (b) of this section are met, EPA will by regulation es tablish the no

- discharge zone. If the conditions in
paragraphs (b) (1) and (3) of this section are met, but the condition in paragraph (b)(2) of this section is not met, EPA may establish the no

- discharge

### 84 zone if it determines that the significance of the waters and the potential impact of the discharge are of sufficient magnitude to warrant any resulting

constraints on Armed Forces vessels.

(d) EPA will notify the State of its decision on the no

- discharge zone application in writing. If EPA approves the no

- discharge zone application, EPA will
by regulation establish the no

- discharge zone by modification to this part. A no

- discharge zone established by EPA prohibition will not go into effect until the effective date of the regulation.



## State Petition for Revi ew

§ 1700.11 State petition for review of determinations or standards.

The Governor of any State may submit a petition requesting that the Administrator and Secretary review a determination of whe ther a Marine Pollution Control Device is required for any discharge listed in §1700.4 or §1700.5, or review a Federal standard of performance for a Marine Pollution Control Device. A State may submit a petition only where there is new, significant information not considered previously by the Admin istrator and Se cretary.



## § 1700.12 Petition requirements.

A petition for review of a determination or standard must include:

(a) The discharge from §1700.4 or §1700.5 for which a change in determination is requested, or the performance standard from §1700.14 for which

r eview is requested.

(b) The scientific and technical information on which the petition is based.

(c) A detailed explanation of why the State believes that consideration of the new information should result in a change to t he determination or the

standard o n a nationwide basis, and an explanation of how the new information is relevant to one or more of the following factors:

(1) The nature of the discharge.

(2) The environmental effects of the discharge.

(3) The practicability of using a Marine Pollution Con trol Device.

(4) The effect that installation or use of the Marine Pollution Control Device would have on the operation or operational cap ability of the vessel.

(5) Applicable United States law.

(6) Applicable international standards.

(7) The economic costs of the installation and use of the Marine Pollution Control Device.



## § 1700.13 Petition decisions.

The Administrator and the Secretary will evaluate the petition and grant or deny the petition no later than two years after t he date of receipt of the petition. If the Administrator and Secretary grant the petition, they will undertake rulemaking to amend this part. If the Ad ministrator and Secretary deny the petition, they will provide the State with a written explanation of why they denied it.



## Subpart D

— Marine Pollution Control Device (MPCD) Performance

Standards

§ 1700.14 Marine Pollution Control Device (MPCD) Performance
Standards. [Reserved]

### 85

### 86 Attachment C

CWA Section 312 (Marine Sanitation Devices)

### 87

Sec. 3 12 FEDERAL WATER POLLUTION CONTROL ACT

MARINE SANITATION DEVICES

S EC . 312. (a) For the purpose of this section, the term

— (1) ‘‘new vessel’’ includes every description of watercraft or other artificial contrivance used, or capable of being

used, as a means of transportation on the navigable waters, the construction of which is initiated after promulgation
of standards and regulations under this section;
(2) ‘‘existing vessel’’ includes every description of watercraft or other artificial contrivance use d, or capable of
being used, as a means of transportation on the navigable waters, the construction of which is initiated before
promulgation of standards and regulations under this section;
(3) ‘‘public vessel’’ means a vessel owned or bareboat chartered and operated by the United States, by a State or
political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce;
(4) ‘‘United States’’ includes the States, the District of Columbia, the Commonwealth of Puerto Rico, th e Virgin

Islands,
Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands;
(5) ‘‘marine sanitation device’’ includes any equipment for installation on board a vessel which is designed to

receive, retain, treat, or discharge se wage, and any process to treat such sewage;
(6) ‘‘sewage’’ means human body wastes and the wastes from toilets and other receptacles intended to receive or

retain
body wastes except that, with respect to commercial vessels on the Great Lakes, such term sha ll include graywater;
(7) ‘‘manufacture’’ means any person engaged in the manufacturing, assembling, or importation of marine

sanitation devices or of vessels subject to standards and regulations promulgated under this section;
(8) ‘‘person’’ means an indi vidual, partnership, firm, corporation, association, or agency of the United States, but

does
not include an individual on board a public vessel;
(9) ‘‘discharge’’ includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping;
(10) ‘‘commercial vessels’’ means those vessels used in the business of transporting property for compensation or

hire, or in transporting property in the business of the owner, lessee, or operator of the vessel;
(11) ‘‘graywater’’ means galle y, bath, and shower water;
(12) ‘‘discharge incidental to the normal operation of a vessel’’

— (A) means a discharge, including

— (i) graywater, bilge water, cooling water, weather deck runoff, ballast water, oil water separator effluent, and any
other pollu tant discharge from the operation of a marine propulsion system, shipboard maneuvering system, crew
habitability system, or installed major equipment, such as an aircraft carrier elevator or a catapult, or from a
protective, preservative, or absorptive app lication to the hull of the vessel; and
(ii) a discharge in connection with the testing, maintenance, and repair of a system described in

clause (i) whenever the vessel is waterborne; and (B) does not include

— (i) a discharge of rubbish, trash, garbage, or other such material discharged overboard;
(ii) an air emission resulting from the operation of a vessel propulsion system, motor driven equipment,

or incinerator; or
(iii) a discharge that is not covered by part 122.3 of title 40, Code of Federal Regulati ons (as in effect on

the date of the enactment of subsection (n));
(13) ‘‘marine pollution control device’’ means any equipment or management practice, for installation or use on

board

a vessel of the Armed Forces, that is

— (A) designed to receive, retain, treat, control, or discharge a discharge incidental to the normal operation of a

vessel; and
(B) determined by the Administrator and the Secretary of Defense to be the most effective equipment or
management practice to reduce the environmental imp acts of the discharge consistent with the considerations set

forth in subsection (n)(2)(B); and
(14) ‘‘vessel of the Armed Forces’’ means

— (A) any vessel owned or operated by the Department of Defense, other than a time or voyage chartered vessel;and

(B) a ny vessel owned or operated by the Department of Transportation that is designated by the Secretary of
the department in which the Coast Guard is operating as a vessel equivalent to a vessel described in subparagraph

(A).
(b)(1) As soon as possible, after the enactment of this section and subject to the provisions of section 104(j) of this
Act, the Administrator, after consultation with the Secretary of the department in which the Coast Guard is
operating, after giving appropriate consideration to the econo mic costs involved, and within the limits of available

### 88

technology, shall promulgate Federal standards of performance for marine sanitation devices (hereinafter in this
section referred to as ‘‘standards’’) which shall be designed to prevent the discharge o f untreated or inadequately
treated sewage into or upon the navigable waters from new vessels and existing vessels, except vessels not equipped

with installed toilet facilities.

Such standards and standards established under subsection (c)(1)(B) of this se ction shall be consistent with maritime
safety and the marine and navigation laws and regulations and shall be coordinated with the regulations issued under
this subsection by the Secretary of the department in which the Coast Guard is operating. The Secre tary of the
department in which the Coast Guard is operating shall promulgate regulations, which are consistent with standards
promulgated under this subsection and subsection (c) of this section and with maritime safety and the marine and
navigation

laws and regulations governing the design, construction, installation, and operation of any marine sanitation device

on board such vessels.
(2) Any existing vessel equipped with a marine sanitation device on the date of promulgation of initial standards and

reg ulations under this section, which device is in compliance with such initial standards and regulations, shall be
deemed in compliance with this section until such time as the device is replaced or is found not to be in compliance

with such initial standard s and regulations.
(c)(1)(A) Initial standards and regulations under this section shall become effective for new vessels two years after
promulgation; and for existing vessels five years after promulgation. Revisions of standards and regulations shall be
effective upon promulgation, unless another effective date is specified, except that no revision shall take effect
before the effective date of the standard or regulation being revised.
(B) The Administrator shall, with respect to commercial vessels on the Great Lakes, establish standards which
require at a minimum the equivalent of secondary treatment as defined under section 304(d) of this Act. Such
standards and regulations shall take effect for existing vessels after such time as the Administrator deter mines to be
reasonable for the upgrading of marine sanitation devices to attain such standard.
(2) The Secretary of the department in which the Coast Guard is operating with regard to his regulatory authority
established by this section, after consultation with the Administrator, may distinguish among classes, types, and
sizes of vessels as well as between new and existing vessels, and may waive applicability of standards and
regulations as necessary or appropriate for such classes, types, and sizes of vess els (including existing vessels
equipped with marine
sanitation devices on the date of promulgation of the initial standards required by this section), and, upon
application, for individual vessels.
(d) The provisions of this section and the standards and regulations promulgated hereunder apply to vessels owned
and operated by the United States unless the Secretary of Defense finds that compliance would not be in the interest
of national security. With respect to vessels owned and operated by the Department of Defense, regulations under
the last sentence of subsection (b)(1) of this section and certifications under subsection (g)(2) of this section shall be
promulgated and issued by the Secretary of Defense.
(e) Before the standards and regulations under thi s section are promulgated, the Administrator and the Secretary of
the department in which the Coast Guard is operating shall consult with the Secretary of State; the Secretary of
Health, Education, and Welfare; the Secretary of Defense; the Secretary of th e Treasury; the Secretary of
Commerce; other interested Federal agencies; and the States and industries interested; and otherwise comply with
the requirements

of section 553 of title 5 of the United States Code.
(f)(1)(A) Except as provided in subparagraph (B), after the effective date of the initial standards and regulations
promulgated under this section, no State or political subdivision thereof shall adopt or enforce any statute or
regulation of such State or political subdivision with respect to the de sign, manufacture, or installation or use of any
marine sanitation device on any vessel subject to the provisions of this section.
(B) A State may adopt and enforce a statute or regulation with respect to the design, manufacture, or installation or

use of any marine sanitation device on a houseboat, if such statute or regulation is more stringent than the standards
and regulations promulgated under this section. For purposes of this paragraph, the term ‘‘houseboat’’ means a

vessel which, for a period of tim e determined by the State in which the vessel is located, is used primarily as a
residence and is not used primarily as a means of transportation.
(2) If, after promulgation of the initial standards and regulations and prior to their effective date, a vess el is equipped
with a marine sanitation device in compliance with such standards and regulations and the installation and operation
of such device is in accordance with such standards and regulations, such standards and regulations shall, for the

purposes of paragraph (1) of this subsection, become effective with respect to such vessel on the date of
such compliance.
(3) After the effective date of the initial standards and regulations promulgated under this section, if any State
determines that the protect ion and enhancement of the quality of some or all of the waters within such State require
greater environmental protection, such State may completely prohibit the discharge from all vessels of any sewage,

### 89

whether treated or not, into such waters, except th at 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 ap plication of the State, the Administrator
shall make such determination within 90 days of the date of such application.
(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 requires such a prohibition, he shall by regulation completely prohibit
the discharge from a vessel of any sewage (whether treated or not) into such waters.
(B) Upon application by a State, the Administrator shall, by regulation, e stablish a drinking water intake zone in any
waters within such State and prohibit the discharge of sewage from vessels

within that zone.
(g)(1) No manufacturer of a marine sanitation device shall sell, offer for sale, or introduce or deliver for introduct ion
in interstate commerce, or import into the United States for sale or resale any marine sanitation device manufactured
after the effective date of the standards and regulations promulgated under this section unless such device is in all
material respect s substantially the same as a test device certified under this subsection.
(2) Upon application of the manufacturer, the Secretary of the department in which the Coast Guard is operating
shall so certify a marine sanitation device if he determines, in acco rdance with the provisions of this paragraph, that
it meets the appropriate standards and regulations promulgated under this section. The Secretary of the department
in which the Coast Guard is operating shall test or require such testing of the device in accordance with procedures
set forth by the Administrator as to standards of performance andfor such other purposes as may be appropriate. If
the Secretary of
the department in which the Coast Guard is operating determines that the device is satisfactory f rom the standpoint
of safety and any other requirements of maritime law or regulation, and after consideration of the design,
installation, operation, material, or other appropriate factors, he shall certify the device. Any device manufactured by

such manu facturer which is in all material respects substantially the same as the certified test device shall be deemed
to be in conformity with the appropriate standards and regulations established under this section.
(3) Every manufacturer shall establish and mai ntain such records, make such reports, and provide such information
as the Administrator or the Secretary of the department in which the Coast Guard is operating may reasonably
require to enable him to determine whether such manufacturer has acted or is ac ting in compliance with this section
and regulations issued thereunder and shall, upon request of an officer or employee duly designated by the
Administrator or the Secretary of the department in which the Coast Guard is operating, permit such officer or

e mployee at reasonable times to have access to and copy such records. All information reported to or otherwise
obtained by the Administrator or the Secretary of the department in which the Coast Guard is operating or their
representatives pursuant to this s ubsection which contains or relates to a trade secret or other matter referred in
section 1905 of title 18 of the United States Code shall be considered confidential for the purpose of that section,
except that such information may be disclosed to other of ficers or employees concerned with carrying out this
section. This paragraph shall not apply in the case of the construction of a vessel by an individual for his own use.
(h) After the effective date of standards and regulations promulgated under this sect ion, it shall be unlawful

— (1) for the manufacturer of any vessel subject to such standards and regulations to manufacture for sale, to sell or
offer for sale, or to distribute for sale or resale any such vessel unless it is equipped with a marine sanitati on device
which is in all material respects substantially the same as the appropriate test device certified pursuant to this

section;
(2) for any person, prior to the sale or delivery of a vessel subject to such standards and regulations to the ultimate

p urchaser, wrongfully to remove or render inoperative any certified marine sanitation device or element of design of

such device installed in such vessel;
(3) for any person to fail or refuse to permit access to or copying of records or to fail to make repo rts or provide
information required under this section; and
(4) for a vessel subject to such standards and regulations to operate on the navigable waters of the United States, if
such vessel is not equipped with an operable marine sanitation device certifi ed pursuant to this section.
(i) The district courts of the United States shall have jurisdictions to restrain violations of subsection (g)(1) of this
section and subsections (h)(1) through (3) of this section. Actions to restrain such violations shall be brought by, and
in, the name of the United States. In case of contumacy or refusal to obey a subpena served upon any person under
this subsection, the district court of the United States for any district in which such person is found or resides or

transact s business, upon application by the United States and after notice to such person, shall have jurisdiction to
issue an order requiring such person to appear and give testimony or to appear and produce documents, and any
failure to obey such order of the co urt may be punished by such court as a contempt thereof.
(j) Any person who violates subsection (g)(1), clause (1) or (2) of subsection (h), or subsection (n)(8) shall be liable to a civil penalty of not more than $5,000 for each violation. Any person who violates clause (4) of subsection (h) of this section or any regulation issued pursuant to this section shall be liable to a civil penalty of not more than $2,000

### 90

for each violation. Each violation shall be a separate offense. The Secretary of the departme nt in which the Coast
Guard is operating may assess and compromise any such penalty. No penalty shall be assessed until the person
charged shall have been given notice and an opportunity for a hearing on such charge. In determining the amount of
the penalt y, or the amount agreed upon in compromise, the gravity of the violation, and the demonstrated good faith
of the person charged in attempting to achieve rapid compliance, after notification of a violation, shall be considered
by said Secretary.
(k) The pro visions of this section shall be enforced by the Secretary of the department in which the Coast Guard is
operating and he may utilize by agreement, with or without reimbursement, law enforcement officers or other
personnel and facilities of the Administrat or, other Federal agencies, or the States to carry out the provisions of this
section. The provisions of this section may also be enforced by a State.
(l) Anyone authorized by the Secretary of the department in which the Coast Guard is operating to enforce the
provisions of this section may, except as to public vessels, (1) board and inspect any vessel upon the navigable
waters of the United States and (2) execute any warrant or other process issued by an officer or court of competent
jurisdiction.

(m) In t he case of Guam and the Trust Territory of the Pacific Islands, actions arising under this section may be
brought in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the
district court of the Virgin Islands. In the case of American Samoa and the Trust Territory of the Pacific Islands,
such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall
have jurisdiction of such actions. In the case of the Canal Zone, such actions may be brought in the District Court for

the District of the Canal Zone.

(n) U NIFORM N ATIONAL D ISCHARGE S TANDARDS FOR V ESSELS OF THE A RMED F ORCES

. — (1) A PPLICABILITY

. — This subsection shall apply to vessels of the Armed Forces and discha rges, other than sewage,
incidental to the normal operation of a vessel of the Armed Forces, unless the Secretary of Defense finds that
compliance with this subsection would not be in the national security interests of the United States.

(2) D ETERMINATION OF DISCHARGES REQUIRED TO BE CONTROLLED BY MARINE POLLUTION CONTROL DEVICES

. — (A) I N GENERAL

. — The Administrator and the Secretary of Defense, after consultation with the Secretary of the
department in which the Coast Guard is operating, the Secretary of Co mmerce, and interested States, shall jointly
determine the discharges incidental to the normal operation of a vessel of the Armed Forces for which it is
reasonable and practicable to require use of a marine pollution control device to mitigate adverse impa cts on the
marine environment. Notwithstanding subsection (a)(1) of section 553 of title 5, United States Code, the
Administrator and the Secretary of Defense shall promulgate the determinations in accordance with such section.
The Secretary of Defense sha ll require the use of a marine pollution control device on board a vessel of the Armed
Forces in any case in which it is determined that the use of such a device is reasonable and practicable.

(B) C ONSIDERATIONS

. — In making a determination under subparagra ph (A), the Administrator and the Secretary of

Defense shall take into consideration

— (i) the nature of the discharge;
(ii) the environmental effects of the discharge;
(iii) the practicability of using the marine pollution

control device;

(iv) the effect t hat installation or use of the marine pollution control device would have on the operation
or operational capability of the vessel;
(v) applicable United States law;
(vi) applicable international standards; and

(vii) the economic costs of the installation and use of the marine pollution control device.

(3) P ERFORMANCE STANDARDS FOR MARINE POLLUTION CONTROL

DEVICES

. — (A) I N GENERAL

. — For each discharge for which a marine pollution control device is determined to be required under
paragraph (2), the Administr ator and the Secretary of Defense, in consultation with the Secretary of the department
in which the Coast Guard is operating, the Secretary of State, the Secretary of Commerce, other interested Federal
agencies, and interested States, shall jointly promul gate Federal standards of performance for each marine pollution
control device required with respect to the discharge. Notwithstanding subsection (a)(1) of section 553 of title 5,
United States Code, the Administrator and the Secretary of Defense shall pro mulgate the standards in accordance

with such section.

(B) C ONSIDERATIONS

. — In promulgating standards under this paragraph, the Administrator and the Secretary
of Defense shall take into consideration the matters set forth in paragraph (2)(B).

(C) C LASSES

, TYPES

, AND SIZES OF VESSELS

. — The standards promulgated under this paragraph may

— (i) distinguish among classes, types, and sizes of

vessels;
(ii) distinguish between new and existing vessels; and

### 91

(iii) provide for a waiver of the applicability of the stan dards as necessary or appropriate to a particular class, type,
age, or size of vessel.

(4) R EGULATIONS FOR USE OF MARINE POLLUTION CONTROL DEVICES

. — The Secretary of Defense, after consultation with
the Administrator and the Secretary of the department in w hich the Coast Guard is operating, shall promulgate such
regulations governing the design, construction, installation, and use of marine pollution control devices on board
vessels of the Armed Forces as are necessary to achieve the standards promulgated un der paragraph (3).

(5) D EADLINES ; EFFECTIVE DATE

. — (A) D ETERMINATIONS

. — The Administrator and the Secretary of Defense shall

— (i) make the initial determinations under paragraph
(2) not later than 2 years after the date of the enactment of this subsection; and
(ii) every 5 years

— (I) review the determinations; and
(II) if necessary, revise the determinations based on significant new information.

(B) S TANDARDS

. — The Administrator and the Secretary of Defense shall

— (i) promulgate standards of performance for a marine pollution control device under paragraph (3) not later than 2
years after the date of a determination under paragraph (2) that the marine pollution control device is required; and
(ii) every 5 years

— (I) review the standards; and
(II) if necessary, revise the standards, consistent with paragraph (3)(B) and based on significant new information.

(C) R EGULATIONS

. — The Secretary of Defense shall promulgate regulations with respect to a marine pollution
control device under paragraph (4) as soon as practi cable after the Administrator and the Secretary of Defense
promulgate standards with respect to the device under paragraph
(3), but not later than 1 year after the Administrator and the Secretary of Defense promulgate the standards. The
regulations promulg ated by the Secretary of Defense under paragraph (4) shall become effective upon promulgation
unless another effective date is specified in the regulations.

(D) P ETITION FOR REVIEW

. — The Governor of any State may submit a petition requesting that the Secret ary of

Defense
and the Administrator review a determination under paragraph (2) or a standard under paragraph (3), if there is
significant new information, not considered previously, that could reasonably result in a change to the particular

determination or standard after consideration of the matters set forth in paragraph (2)(B). The petition shall be
accompanied by the scientific and technical information on which the petition is based. The Administrator and the
Secretary of Defense shall grant or deny t he petition not later than 2 years after the date of receipt of the petition.

(6) E FFECT ON OTHER LAWS

. — (A) P ROHIBITION ON REGULATION BY STATES OR POLITICAL SUBDIVISIONS OF STATES

. — Beginning on the effective date of

— (i) a determination under paragraph (2) that it is not reasonable and practicable to require use of a marine pollution
control device regarding a particular discharge incidental to the normal operation of a vessel of the Armed Forces; or
(ii) regulations promulgated by the Secretary of Defen se under paragraph (4); except as provided in paragraph (7),
neither a State nor a political subdivision of a State may adopt or enforce any statute or regulation of the State or
political subdivision with respect to the discharge or the design, constructi on, installation, or use of any marine
pollution control device required to control discharges from a vessel of the Armed Forces.

(B) F EDERAL LAWS

. — This subsection shall not affect the application of section 311 to discharges incidental to the
normal opera tion of a vessel.

(7) E STABLISHMENT OF STATE NO

- DISCHARGE ZONES

. — (A) S TATE PROHIBITION

. — (i) I N GENERAL

. — After the effective date of

— (I) a determination under paragraph (2) that
it is not reasonable and practicable to require use of a marine pollution co ntrol device regarding a
particular discharge incidental to the normal operation of a vessel of the Armed Forces; or
(II) regulations promulgated by the Secretary of Defense under paragraph (4);
if a State determines that the protection and enhancement of the quality of some or all of the waters within
the State require greater environmental protection, the State may prohibit 1 or more discharges incidental
to the normal operation of a vessel, whether treated or not treated, into the waters. No prohibition shall apply
until the Administrator makes the determinations described in subclauses (II) and (III) of subparagraph

(B)(i).

(ii) D OCUMENTATION

. — To the extent that a prohibition under this paragraph would apply to vessels of

the Armed Forces and not to othe r types of vessels, the State shall document the technical or environmental

basis for the distinction.

(B) P ROHIBITION BY THE ADMINISTRATOR

. — (i) I N GENERAL

. — Upon application of a State, the Administrator shall by regulation prohibit the discharge

from a v essel of 1 or more discharges incidental to the normal operation of a vessel, whether treated or

### 92

not treated, into the waters covered by the application if the Administrator determines that

— (I) the protection and enhancement of the quality of the specifie d waters within the State require
a prohibition of the discharge into the waters;
(II) adequate facilities for the safe and sanitary removal of the discharge incidental to the
normal operation of a vessel are reasonably available for the waters to which th e prohibition would
apply; and
(III) 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.

(ii) A PPROVAL OR DISAPPROVAL

. — The Administrator shall approve or disapprove an application submitted
under clause (i) not later than 90 days after the date on which the application is submitted to the Administrator.
Notwithstanding clause (i)(II), the Administrator shal l not disapprove an application for the
sole reason that there are not adequate facilities to remove any discharge incidental to the normal operation

of a vessel from vessels of the Armed Forces.

(C) A PPLICABILITY TO FOREIGN FLAGGED VESSELS

. — A prohibition under this paragraph

— (i) shall not impose any design, construction, manning, or equipment standard on a foreign flagged ves

sel engaged in innocent passage unless the prohibition implements a generally accepted international rule or

standard; and

(ii) t hat relates to the prevention, reduction, and control of pollution shall not apply to a foreign flagged
vessel engaged in transit passage unless the prohibition implements an applicable international regulation
regarding the discharge of oil, oily waste, o r any other noxious substance into the waters.

(8) P ROHIBITION RELATING TO VESSELS OF THE ARMED FORCES

. — After the effective date of the regulations promulgated
by the Secretary of Defense under paragraph (4), it shall be unlawful for any vessel of the Arme d Forces subject to

the
regulations to

— (A) operate in the navigable waters of the United States or the waters of the contiguous zone, if the vessel
is not equipped with any required marine pollution control device meeting standards established under this

subsection;

or (B) discharge overboard any discharge incidental to the normal operation of a vessel in waters with respect to
which a prohibition on the discharge has been established under paragraph (7).

(9) E NFORCEMENT

. — This subsection shall be enforceab le, as provided in subsections (j) and (k), against any agency
of the United States responsible for vessels of the Armed Forces notwithstanding any immunity asserted by the

agency.

(33 U.S.C. 1322)

### 93 Attachment D

40 CFR 140 (Marine Sanitation Device Standard)

### 94

§ 140.1 Definitions.

For the purpose of these standards the following definitions shall apply:

(a) Sewage means human body wastes and the wastes from toilets and other receptacles intended to

receive or retain body wastes;

(b) Discharge includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting,
emptying, or dumping;

(c) Marine sanitation device includes any equipment for installation onboard a vessel and which is
designed to r eceive, retain, treat, or discharge sewage and any process to treat such sewage;

(d) Vessel includes every description of watercraft or other artificial contrivance used, or capable of
being used, as a means of transportation on waters of the United Stat es;

(e) New vessel refers to any vessel on which construction was initiated on or after January 30, 1975;

(f) Existing vessel refers to any vessel on which construction was initiated before January 30, 1975;

(g) Fecal coliform bacteria are those organisms associated with the intestines of warm

- blooded
animals that are commonly used to indicate the presence of fecal material and the potential
presence of organisms capable of causing human disease.

§ 140.2 Scope of standard.

The standard ado pted herein applies only to vessels on which a marine sanitation device has been
installed. The standard does not require the installation of a marine sanitation device on any vessel
that is not so equipped. The standard applies to vessels owned and operat ed by the United States
unless the Secretary of Defense finds that compliance would not be in the interest of national
security.

§ 140.3 Standard.

(a) (1) In freshwater lakes, freshwater reservoirs or other freshwater impoundments whose inlets or

o utlets are such as to prevent the ingress or egress by vessel traffic subject to this regulation, or in
rivers not capable of navigation by interstate vessel traffic subject to this regulation, marine
sanitation devices certified by the U.S. Coast Guard (s ee 33 CFR part 159, published in 40 FR 4622,
January 30, 1975), installed on all vessels shall be designed and operated to prevent the overboard
discharge of sewage, treated or untreated, or of any waste derived from sewage. This shall not be

construed to prohibit the carriage of Coast Guard

- certified flow

- through treatment devices which
have been secured so as to prevent such discharges.

(2) In all other waters, Coast Guard

- certified marine sanitation devices installed on all vessels shall
be designed an d operated to either retain, dispose of, or discharge sewage. If the device has a
discharge, subject to paragraph (d) of this section, the effluent shall not have a fecal coliform
bacterial count of greater than 1,000 per 100 milliliters nor visible floati ng solids. Waters where a

Coast Guard

- certified marine sanitation device permitting discharge is allowed include coastal

waters and estuaries, the Great Lakes and inter

- connected waterways, fresh

- water lakes and
impoundments accessible through locks, and o ther flowing waters that are navigable interstate by
vessels subject to this regulation.

(b) This standard shall become effective on January 30, 1977 for new vessels and on January 30,
1980 for existing vessels (or, in the case of vessels owned and operated by the Department of

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Defense, two years and five years, for new and existing vessels, respectively, after promulgation of
implementing regulations by the Secretary of Defense under section 312(d) of the Act).

(c) Any vessel which is eq uipped as of the date of promulgation of this regulation with a Coast

Guard

- certified flow

- through marine sanitation device meeting the requirements of paragraph
(a)(2) of this section, shall not be required to comply with the provisions designed to preven t the
overboard discharge of sewage, treated or untreated, in paragraph (a)(1) of this section, for the
operable life of that device.

(d) After January 30, 1980, subject to paragraphs (e) and (f) of this section, marine sanitation

devices on all vessels on waters that are not subject to a prohibition of the overboard discharge of
sewage, treated or untreated, as specified in paragraph (a)(1) of this section, shall be designed and
operated to either retain, dispose of, or discharge sewage, and shall be cer tified by the U.S. Coast
Guard. If the device has a discharge, the effluent shall not have a fecal coliform bacterial count of
greater than 200 per 100 milliliters, nor suspended solids greater than 150 mg/1.

(e) Any existing vessel on waters not subject to a prohibition of the overboard discharge of sewage
in paragraph (a)(1) of this section, and which is equipped with a certified device on or before
January 30, 1978, shall not be required to comply with paragraph (d) of this section, for the
operable li fe of that device.

(f) Any new vessel on waters not subject to the prohibition of the overboard discharge of sewage in
paragraph (a)(1) of this section, and on which construction is initiated before January 31, 1980,
which is equipped with a marine sanit ation device before January 31, 1980, certified under
paragraph (a)(2) of this section, shall not be required to comply with paragraph (d) of this section,
for the operable life of that device.

(g) The degrees of treatment described in paragraphs (a) and (d) of this section are “appropriate
standards” for purposes of Coast Guard and Department of Defense certification pursuant to
section 312(g)(2) of the Act.

[41 FR 4453, Jan. 29, 1976, as amended at 60 FR 33932, June 29, 1995]

§ 140.4 Complete prohibition.

(a) Prohibition pursuant to CWA section 312(f)(3): a State may completely prohibit the discharge
from all vessels of any sewage, whether treated or not, into some or all of the waters within such
State by making a written application to th e Administrator, Environmental Protection Agency, and
by receiving the Administrator's affirmative determination pursuant to section 312(f)(3) of the Act.
Upon receipt of an application under section 312(f)(3) of the Act, the Administrator will determine

w ithin 90 days whether adequate facilities for the safe and sanitary removal and treatment of
sewage from all vessels using such waters are reasonably available. Applications made by States
pursuant to section 312(f)(3) of the Act shall include:

(1) A cert ification 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 draught requirements on vessels that may be excluded because of i nsufficient water depth
adjacent to the facility;

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(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.

(b) Prohibition pursuant to CWA section 312(f)(4)(A): a State may make a written application to
the Administrator, Environmental Protection Agency, under section 312(f)(4)(A) of the Act, for the
issuance of a regulation completely prohibiting discharge from a vessel of any sewage, whether
treated or not, into particular waters of the United States or specified portions thereof, which
waters are located within the boundaries of such State. Such application shall specify with
particularly the waters, or portions thereof, for which a complete prohibition is desired. The
application shall include identification of water recreational areas, drinking water intakes, aquatic

sanctuaries, identifiable fish

- spawning and nursery areas, and areas of intensive boating activ ities.
If, on the basis of the State's application and any other information available to him, the
Administrator is unable to make a finding that the waters listed in the application require a
complete prohibition of any discharge in the waters or portions thereof covered by the application,
he shall state the reasons why he cannot make such a finding, and shall deny the application. If the
Administrator makes a finding that the waters listed in the application require a complete
prohibition of any discharg e in all or any part of the waters or portions thereof covered by the
State's application, he shall publish notice of such findings together with a notice of proposed rule
making, and then shall proceed in accordance with 5 U.S.C. 553. If the Administrator 's finding is
that applicable water quality standards require a complete prohibition covering a more restricted
or more expanded area than that applied for by the State, he shall state the reasons why his finding
differs in scope from that requested in the State's application.

(1) For the following waters the discharge from a vessel of any sewage (whether treated or not) is
completely prohibited pursuant to CWA section 312(f)(4)(A):

(i) Boundary Waters Canoe Area, formerly designated as the Superior, Lit tle Indian Sioux, and
Caribou Roadless Areas, in the Superior National Forest, Minnesota, as described in 16 U.S.C. 577

– 577d1.

(ii) Waters of the State of Florida within the boundaries of the Florida Keys National Marine
Sanctuary as delineated on a map o f the Sanctuary at http://www.fknms.nos.noaa.gov/.

(c)(1) Prohibition pursuant to CWA section 312(f)(4)(B): A State may make written application to
the Administrator of the Environmental Protection Agency under section 312(f)(4)(B) of the Act for

the issuance of a regulation establishing a drinking water intake no discharge zone which
completely prohibits discharge from a vessel of any sewage, whether treated or untreated, into that
zone in particular waters, or portions thereof, within such State. Suc h application shall:

(i) Identify and describe exactly and in detail the location of the drinking water supply intake(s)
and the community served by the intake(s), including average and maximum expected amounts of

inflow;

(ii) Specify and describe exactl y and in detail, the waters, or portions thereof, for which a complete
prohibition is desired, and where appropriate, average, maximum and low flows in million gallons
per day (MGD) or the metric equivalent;

(iii) Include a map, either a USGS topographic quadrant map or a NOAA nautical chart, as
applicable, clearly marking by latitude and longitude the waters or portions thereof to be
designated a drinking water intake zone; and
(iv) Include a statement of basis justifying the size of the r equested drinking water intake zone, for

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example, identifying areas of intensive boating activities.

(2) If the Administrator finds that a complete prohibition is appropriate under this paragraph, he
or she shall publish notice of such finding together wi th a notice of proposed rulemaking, and then
shall proceed in accordance with 5 U.S.C. 553. If the Administrator's finding is that a complete
prohibition covering a more restricted or more expanded area than that applied for by the State is
appropriate, he or she shall also include a statement of the reasons why the finding differs in scope
from that requested in the State's application.

(3) If the Administrator finds that a complete prohibition is inappropriate under this paragraph, he

or she shall deny t he application and state the reasons for such denial.

(4) For the following waters the discharge from a vessel of any sewage, whether treated or not, is
completely prohibited pursuant to CWA section 312(f)(4)(B):

(i) Two portions of the Hudson River in N ew York State, the first is bounded by an east

- west line
through the most northern confluence of the Mohawk River which will be designated by the

Troy

- Waterford Bridge (126th Street Bridge) on the south and Lock 2 on the north, and the second

of which is b ounded on the north by the southern end of Houghtaling Island and on the south by a
line between the Village of Roseton on the western shore and Low Point on the eastern shore in the
vicinity of Chelsea, as described in Items 2 and 3 of 6 NYCRR Part 858.4.

(ii) [Reserved]

[41 FR 4453, Jan. 29, 1976, as amended at 42 FR 43837, Aug. 31, 1977; 60 FR 63945, Dec. 13, 1995;
63 FR 1320, Jan. 8, 1998; 67 FR 35743, May 21, 2002]

§ 140.5 Analytical procedures.

In determining the composition and quality of ef fluent discharge from marine sanitation devices,
the procedures contained in 40 CFR part 136, “Guidelines Establishing Test Procedures for the
Analysis of Pollutants,” or subsequent revisions or amendments thereto, shall be employed.