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###### Environmental Protection Agency

          - [EPA HQ-OW-2008-0150; FRL 9350-01-OW]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Notice.

# SUMMARY:

                        The Environmental Protection Agency (EPA) plans to submit an information collection request (ICR), “Establishing No-Discharge Zones (NDZs) Under Clean Water Act Section 312 (Renewal)” (EPA ICR No. 1791.09, OMB Control No. 2040-0187) to the Office of Management and Budget (OMB) for review and approval in                               ( print page 3805)                            accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA solicits public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through August 31, 2022. 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.                    

# DATES:

Comments must be submitted on or before March 28, 2022.

# ADDRESSES:

                        Submit your comments, referencing Docket ID No. EPA-HQ-OW-2008-0150, online using                         *www.regulations.gov*                         (our preferred method), by email to                         *OW-Docket@epa.gov,*                         or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.                    

                        For comments submitted at                         *www.regulations.gov,*                         follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from                         *www.regulations.gov.*                         The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA generally will not consider comments or comment contents located outside of the primary submission (                        *i.e.,*                         on the web, cloud, or other file sharing system). The EPA encourages the public to submit comments via                         *www.regulations.gov,*                         as there will be a delay in processing mail, and hand deliveries will be accepted on a limited basis. For additional submission methods, please contact the person identified in the “For Further Information Contact” section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit                         *https://www2.epa.gov/​dockets/​commenting-epa-dockets.*

# FOR FURTHER INFORMATION CONTACT:

                        Kelsey Watts-FitzGerald, Oceans, Wetlands and Communities Division, Office of Wetlands, Oceans and Watersheds, (4504T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460; telephone number: 202-566-0232; email address:                         *watts-fitzgerald.kelsey@epa.gov.*

# SUPPLEMENTARY INFORMATION:

                    Supporting documents that explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at                     *www.regulations.gov*                     or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. The official public docket is located at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The regular hours of the EPA Docket Center Public Reading Room are from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays; however, due to the COVID-19 pandemic, there may be limited or no opportunity to enter the docket center. At the time of this printing, out of an abundance of caution for members of the public and the EPA staff, the EPA Docket Center and Reading Room are open to the public by appointment only to reduce the risk of transmitting COVID-19. During this time, Docket Center staff will continue to provide remote customer service via email, phone, and webform. Hand deliveries and couriers may be received by scheduled appointment only. For further information on the EPA Docket Center services and the current status, please visit us online at                     *https://www.epa.gov/​dockets.*                     The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OEI Docket is (202) 566-1752.                

                    An electronic version of the public docket is available on the EPA's website at                     *www.regulations.gov.*                     You may use                     *www.regulations.gov*                     to submit or view public comments, access the index listing of the contents of the official public docket, and access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select “search.” It is important to note that the EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at                     *www.regulations.gov*                     without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket.                

                    The EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in the EPA's electronic public docket but will be available only in printed, paper form in the official public docket. The EPA has not included any copyrighted material in the docket for this FR Notice of Information Request. If commenters submit copyrighted material in a public comment, it will be placed in the official public docket and made available for public viewing when the EPA Docket Center is open. For additional information about the EPA's public docket, visit                     *http://www.epa.gov/​dockets.*

                    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA solicits comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and, (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology (                    *e.g.,*                     permitting electronic submission of responses). The EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, the EPA will issue another                     **Federal Register**                     notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.                

*Abstract:*                     (A)                     *Sewage No-Discharge Zones:*                     CWA section 312(f) and the implementing regulations in 40 CFR part 140 identify the information that must be included in a state's application to the EPA to establish a no-discharge zone (NDZ) for vessel sewage for some or all of the state's waters.                

                    In designated NDZs, the discharge of both treated and untreated sewage from vessels is prohibited. A state is not required to designate an NDZ and therefore need only develop applications for waters where such a discharge prohibition has been deemed necessary and beneficial by the state. This ICR addresses the burden to state respondents to develop applications                           ( print page 3806)                        containing the necessary information, as well as the burden associated with the EPA's review of state applications. The information collection activities discussed in this ICR do not require the submission of any confidential information.                

                    (B)                     *Uniform National Discharge Standards (UNDS) NDZs and Review of Discharge Determination or Standard:*                     CWA section 312(n)(7) and the implementing regulations in 40 CFR part 1700 identify the information that a state must submit to the EPA in the state's application to establish an NDZ for one or more discharges incidental to the normal operation of a vessel of the Armed Forces. A state may seek an NDZ designation for any incidental discharge subject to UNDS for which the EPA and Department of Defense (DoD) have promulgated national standards of performance and corresponding implementing regulations, respectively. In addition, CWA section 312(n)(5) provides that that the Governor of any state may petition the EPA and DoD to review any discharge determination or standard promulgated under CWA section 312(n) for vessels of the Armed Forces if there is significant new information that could reasonably result in a change to the discharge determination or standard. This ICR addresses the burden to a state respondent to develop applications for NDZs and requests for a review of a determination or standard and the burden to the EPA to review the applications. The information collection activities discussed in this ICR do not require the submission of any confidential information.                

*Form numbers:*                     None.                

*Respondents/affected entities:*                     States.                

*Respondent's obligation to respond:*                     The responses to this collection of information are required to obtain the benefit of a sewage NDZ (CWA section 312(f)). The responses to this collection of information are required to obtain the benefit of an UNDS NDZ or a review of an UNDS discharge determination or standard (CWA section 312(n)).                

*Estimated number of respondents:*                     17 (total).                

*Frequency of response:*                     One time.                

*Total estimated burden:*                     914 hours (per year). Burden is defined at 5 CFR 1320.03(b).                

*Total estimated cost:*                     $50,869 (per year), includes $848 annualized capital or operation & maintenance costs.                

*Changes in Estimates:*                     The EPA expects a decrease in hours in the total estimated respondent burden compared with the ICR currently approved by OMB. EPA expects a decrease in the overall costs as well, despite increases to state and federal labor costs. These decreases are attributable to fewer anticipated respondents compared with previous estimates. This adjustment is made to account for overestimates in the existing ICR and the EPA's estimate of applications for NDZs and review of standards that may be submitted during the three-year ICR cycle.                

Dated: January 19, 2022.

John Goodin,

Director, Office of Wetlands, Oceans and Watersheds.

[FR Doc. 2022-01430 Filed 1-24-22; 8:45 am]

BILLING CODE 6560-50-P