Establishing No-discharge Zones (NDZs)

under the Clean Water Act §312

Prepared by

Environmental Protection Agency

Oceans and Coastal Protection Division

Washington, D.C.

Draft for comment

February 2008

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

	TABLE OF CONTENTS

 TOC \f 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 and 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 Required 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	6

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):  Bottom 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:  Identification of the Information Collection	24

1(a):  Title of the Information Collection	24

1(b):  Short Characterization/Abstract	24

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 Less 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 Information 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:  Estimating 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	40

6(e):  Burden Statement	40

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-discharge 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 Zone 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 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

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)

ESTABLISHING NO-DISCHARGE ZONES (NDZs)

UNDER CLEAN WATER ACT SECTION 312

ICR # 1791.08

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 businesses, 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 of Armed Forces vessels under Clean Water Act (CWA) section 312.

Organization of Information Collection Request Statement

This document follows the format for Information Collection Requests (ICR) outlined in the Information 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 Handbook, 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 Preparing Information Collection Requests (June 1992) also guided the development of this document.  This document combines two previous ICRs developed for the implementation of different programs under Section 312 of CWA:

Establishment of No-discharge Zones for Discharges Incidental to the Normal Operation of Armed Forces vessels under CWA Section 312(n).

Establishment of No-discharge Zones for Vessel Sewage under CWA Section 312(f)(3) and (f)(4)(A) and (f)(4)(B).

Approach Taken in this Information Collection Request

This ICR combines information collection analysis for activities 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 the 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 Handbook.  However, a conservative approach (i.e., overstate potential burden and costs) has been taken throughout this analysis, and all information collection and record keeping requirements associated with establishing NDZs have been 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.

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).

SECTION 1:  Identification of the Information Collection

1(a):  Title of the Information Collection

Establishment of No-discharge Zones under Clean Water Act Section 312

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 regulations 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 information that will be required from a State if it decides to establish a NDZ by State prohibition or apply for a NDZ by EPA prohibition.

UNDS also provides that the Governor of any State may petition EPA and the Secretary of Defense to review any determination or standard promulgated under 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 State 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 Prohibition:  In order for EPA to prohibit a discharge incidental to the normal operation of an Armed Forces vessel (upon application of a State), EPA must make the following determinations: I) that the protection and enhancement of the quality of the specified waters require a prohibition of the discharge; ii) that adequate facilities for the safe and sanitary removal of the discharge are reasonably available for the waters 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 information to be able to make those determinations.  The specific information being requested is listed in proposed 40 CFR 1700.10(a).

3)  Petition for review:  A State may request that EPA and the Secretary of Defense review I) a determination of whether an UNDS discharge will require a control, or ii) a standard of performance for a control on an UNDS discharge, by submitting a petition which discusses significant new scientific and technical information that could reasonably result in a change to the determination or standard (see CWA section 312(n)(5)(D), 33 USC 1322(n)(5)(D)).  The State must provide EPA this information and a discussion of how the information is relevant to one or more of the seven factors which EPA and the Secretary of Defense are required to consider in making these determinations and standards (see CWA section 312(n)(2)(B), 33 USC 1322(n)(2)(B)).  These requirements are listed in proposed 40 CFR 1700.12 (see Attachment B).

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

1)  NDZ by State Prohibition:  The information requested from the State will be used by EPA to make the determinations it is required to make by law in order for a State prohibition to go into effect.

2)  NDZ by EPA Prohibition:  The information requested from the State will be used by EPA to make the determinations it is required to make by law in order to establish a NDZ.

3)  Petition for review:  The information requested from the State will be used by EPA and the Secretary of Defense in order to review any determinations and standards promulgated under UNDS.

SECTION 3:  Non-duplication, Public Notice, Consultations, and Other Collection Criteria

3(a):  Non-duplication

1)  NDZ by State Prohibition: EPA is responsible for two determinations necessary for a 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 a NDZ by EPA prohibition under CWA section 312(n)(7)(B).  There is no duplication of effort in the NDZ application process.

3)  Petition for review:  EPA and the Secretary of Defense are responsible for reviewing 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 XX/XX/2008, (VOL.  xx, NO. xx, PP.  x-x).  IT WAS TITLED “AGENCY INFORMATION COLLECTION ACTIVITIES:  PROPOSED COLLECTIONS; COMMENT REQUEST; ESTABLISHING NO-DISCHARGE ZONES UNDER CLEAN WATER ACT SECTION 312.”  EPA received XX comments on this notice.

3(c):  Consultations

Three representatives of State environmental offices were contacted, during February and March of 2008 EPA and asked to provide oral comments on EPA’s burden estimate (see section 6(e)): Todd Callaghan (MA Department of Environmental Protection,<PHONE_NUMBER>); Rick Huntley (CT Department of Environmental Protection,<PHONE_NUMBER>); and Kristen Fleming (MD Department Natural Resources,<PHONE_NUMBER>).  One of the representatives believes the estimate is too high, and the other two had no comment on 312(n) NDZs.

3(d):  Effects of Less Frequent Collection

The information collection requirements related to the NDZ application process described in this chapter of the ICR, 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 collection activities discussed in this chapter of the ICR do not require the submission of any sensitive information.

SECTION 4:  The Respondents and the Information Requested

4(a):  Respondents/SIC Codes

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

For the establishment of a 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 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.

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 a NDZ by EPA Prohibition, a State must:

•  Submit an application to EPA with enough information for EPA to determine that:

(1) 	the protection and enhancement of the quality of the proposed waters require a prohibition of the discharge;

(2) 	adequate facilities for the safe and sanitary removal of the discharge are reasonably available for the waters to which the prohibition would apply; and

(3) 	the prohibition will 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

•  Identification of discharge or standard

•  Scientific and technical information on which petition is based

•  An explanation of why the State believes that consideration of the information provided should result in a 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 Activities

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

SECTION 5:  The Information Collected -- Agency Activities, Collection 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 a NDZ by State Prohibition consist of the following:

•  Clarify any questions from State applicants

•  Review the information in the request and determine whether:

(1) 	adequate facilities for the safe and sanitary removal of the discharge are reasonably available for the waters to which the prohibition would apply; and

(2)   the prohibition will not have the effect of discriminating against 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 a NDZ by EPA Prohibition consist of the following:

•  Clarify any questions from State applicants

•  Review the information in the application and determine whether:

the protection and enhancement of the quality of the proposed waters require a prohibition of the discharge;

adequate facilities for the safe and sanitary removal of the discharge are reasonably available for the waters to which the prohibition would apply; and

the prohibition will 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 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 change will be made within two years after receiving the complete petition

•  If the change requested in the petition is approved, publish notice of proposed rulemaking in the Federal Register, receive and review public comments, then issue a final determination taking into account any comments submitted

•  If the change requested in the petition is not approved, notify the 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 form of a request letter, application, or petition.  EPA will ensure the accuracy and completeness of this information by reviewing each submittal.  This information will be made available to the public when necessary for rulemaking through the Federal Register.

5(c):  Small Entity Flexibility

The only possible respondents to the activities described in this chapter of the 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 NDZ by State prohibition, it is required by statute to secure two determinations by EPA, and this chapter of the ICR specifies the information EPA requires in order to make those determinations.  EPA is estimating four requests per year.

No-discharge Zone (NDZ) by EPA Prohibition under 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 because this process is more complex than establishing a NDZ 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 a NDZ by EPA prohibition, EPA is required by statute to make three determinations before doing so, and this chapter of the ICR specifies the information EPA requires in order to make those determinations.  EPA is estimating one application 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.

6(a): Estimating Respondent Burden

Respondent labor burden hours listed in Tables 1 to 3 are primarily based on data and assumptions presented in EPA’s 2005 ICR analysis for Clean Water Act section 312 mandates.  Where necessary, the level-of-effort determinations in the 1995 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 managers and EPA contractors, all of whom have had considerable project-management experience doing information-collection work similar to that required by proposed §§ 1700.9, 1700.10, and 1700.12.

6(b): Estimating Respondent Costs

(I) Estimating Labor Costs

All labor cost-rate data used in Tables 1 to 3 were obtained from the U.S. Bureau of Labor Statistics (BLS) Compensation Cost Trends homepage (http://www.bls.gov/ncs/ect/).  The BLS homepage has a variety of links to publications and reports related to labor costs by category.  The BLS report used in this ICR was titled Employer Costs for Employee Compensation, available on-line at:  ftp://ftp.bls.gov/pub/news.release/ecec.txt.

Table 4 of the BLS report (  HYPERLINK "http://www.bls.gov/news.release/ecec.t04.htm"  http://www.bls.gov/news.release/ecec.t04.htm    September, 2007) contains employee compensation data for State and Local Government Employers.  The labor rates for respondent management, technical, and clerical personnel in Tables 1 to 3 of the ICR were obtained from the “White-Collar Occupations” category.

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

$48.35

Professional specialty and technical

Technical

$47.95

Administrative support including clerical

Clerical

$27.02

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 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 respondent 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 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): Estimating Agency (EPA) Burden and Cost

EPA labor burden hours listed in Tables 4 to 6 are primarily based on data and assumptions presented in EPA’s 1995 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 1995 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 managers and EPA contractors, all of whom have had considerable project-management experience doing information-collection work similar to that required by §§ 1700.9, 1700.10, and 1700.12.

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 2008 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 2008.

Step 1 of the GS salaries was used in this chapter of the ICR analysis.  The annual GS salary rates were converted to hourly rates according to instructions in Section 6(c) of the EPA ICR Handbook (12/96 version).  Total salaries were divided by 2,080, which represent the average number of hours work in a calendar year, and then multiplied by a factor of 1.6.  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 2008 Annual GS Salary (Step 1)

Work Hours Per Year Factor

Benefits Factor

Calculated Hourly Rate Used in

Tables 4 – 6

Management

GS-14, $98,033

( 2,080

( 1.6

$ 75.41/hr

Technical

GS-12, $69,764

( 2,080

( 1.6

$ 53.66/hr

Clerical

GS-9, $48,108

( 2,080

( 1.6

$ 37.01/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.

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 Number of Hours Per Year

Total Labor Cost Per Year ($)

Total Annual Capital Costs ($)

Total Annual O&M Costs ($)

TOTAL

6	6	957.50

$43,205.53

$0.00

$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 Number of Hours Per Year

Total Labor Cost Per Year ($)

Total Annual Capital Costs ($)

Total Annual O&M Costs ($)

TOTAL

6	6	173

$10,038.14

$0.00

$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 (957.5 hours/6.)  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize 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 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 information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OW-2008-0150, which is available for public 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 8:00 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.  The telephone number for the Reading Room is<PHONE_NUMBER>, 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.  Use www.regulations.gov 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.  Once 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, DC 20503, Attention: Desk Office for EPA.  Please include the EPA Docket ID No.  (OW-2008-0150) and OMB control number (2040-0187) in any correspondence.

Table 1.	Establishment of No-discharge Zone by State Prohibition, Respondent (State Agency) Burden Hours and Costs  [40 CFR § 1700.9]

 tc \l1 "Table 1.		Establishment of No-discharge Zone by State Prohibition, 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.

$48.35/hr

Technical

$47.95/hr

Clerical

$27.02/hr

Capital/

Startup

Cost ($)

O & M

Cost ($)*

Number Respon.

(N = 4)

Total Hours/

Year

Total Cost/

Year ($)

1.	Request Preparation

 LISTNUM 2 \l 1 \s 1 	Read regulations; review guidance document; plan strategy

3.00

20.00

4

92.00

$4,416.20

 LISTNUM 2 \l 1 	Clarify questions with EPA

3.00

50

4

12.00

$775.40

2.	Gather Information

 LISTNUM 2 \l 1 \s 1 	Identification of discharge

0.25

4

1.00

$47.95

 LISTNUM 2 \l 1 	Definition of waters in NDZ

1.00

4

4.00

$191.80

 LISTNUM 2 \l 1 	Determination of necessity for greater environmental protection

5.00

4

20.00

$959.00

 LISTNUM 2 \l 1 	Description of discharge removal facilities

1.25

9.00

4

41.00

$1,967.95

 LISTNUM 2 \l 1 	Information on regulation of this discharge from non-Armed Forces vessels

2.75

4

11.00

$527.45

 LISTNUM 1 \l 1 \s 3 	Create Information (analyze data and compile/write Request Letter)

8.00

59.00

10.00

40

4

308.00

$14,104.20

 LISTNUM 1 \l 1 	Review information

8.00

32.00

8.00

4

192.00

$8549.44

 LISTNUM 1 \l 1 	Complete paperwork (e.g., Request Letter)

3.00

3.00

10

4

24.00

$944.44

 LISTNUM 1 \l 1 	Copy, store, file, and maintain information

3.00

50

4

12.00

$524.24

Subtotal (hours and costs)

23.25

132.00

24.00

0.00

150.00

4

717.00

$33,008.07

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

Table 2.	Establishment of No-discharge Zone by EPA Prohibition, Respondent (State Agency) Burden Hours and Costs  [40 CFR §1700.10]

 tc \l1 "

Information Collection Activity

Hours and Costs Per Respondent

Total Hours and Costs Per Year

Mgmt.

$48.35/hr

Technical

$47.95/hr

Clerical

$27.02/hr

Capital/

Startup

Cost ($)

O & M

Cost ($)*

Number Respon.

(N = 1)

Total Hours/

Year

Total Cost/

Year ($)

Request Preparation

 LISTNUM 2 \l 1 \s 1 	Read regulations; review guidance document; plan strategy

3.00

20.00

1

23.00

$1,104.05

 LISTNUM 2 \l 1 	Clarify questions with EPA

3.00

$50.00

1

3.00

$193.85

2.	Gather Information

 LISTNUM 2 \l 1 \s 1 	Identification of discharge

0.25

1

0.25

$11.99

 LISTNUM 2 \l 1 	Definition of waters in NDZ

1.00

1

1.00

$47.95

 LISTNUM 2 \l 1 	Technical analysis showing why protection requires a prohibition of the discharge

9.00

1

9.00

$431.55

 LISTNUM 2 \l 1 	Description of discharge removal facilities

1.25

9.00

1

10.25

$491.99

 LISTNUM 2 \l 1 	Information on regulation of this discharge from non-Armed Forces vessels

2.75

1

2.75

$131.86

 LISTNUM 1 \l 1 \s 3 	Create Information (analyze and interpret data)

8.00

70.00

10.00

$40.00

1

88.00

$4053.50

 LISTNUM 1 \l 1 	Review information and make determination

8.00

32.00

8.00

1

48.00

$2137.36

 LISTNUM 1 \l 1 	Complete paperwork (e.g., Reply Letter)

3.00

3.00

$10.00

1

6.00

$236.11

 LISTNUM 1 \l 1 	Disclose information (i.e., Federal Register notices)

$0.00

 LISTNUM 1 \l 1 	Copy, store, file, and maintain information

3.00

$50.00

1

3.00

$131.06

Subtotal (hours and costs)

23.25

147.00

24.00

$0.00

$150.00

1

194.25

$8971.27

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

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.

$48.35/hr

Technical

$47.95/hr

Clerical

$27.02/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	$240.15

Clarify questions with EPA

1.00

	$50.00	1	1.00	$97.95

Gather Information

Identification of discharge or standard

0.25

1	0.25	$11.99

Scientific and technical information on which petition is based	0.50 6.00

	1	6.50	$311.88

Explanation on how information relates to statutory factors

0.50

2.00

	1	2.50	$120.08

Create Information (analyze and interpret data)	1.00	12.00	2.00

	$40.00	1	15.00	$717.79

Review petition information for accuracy and make determination	2.00 4.00	4.00

	$10.00	1	10.00	$406.58

Complete paperwork (e.g., Petition)	2.00

2.00

	1	4.00	$150.74

Disclose Information (i.e., Federal Register notices)

	$0.00

Copy, store, file, and maintain information

	2.00

	$50.00	1	2.00	$104.04

Subtotal (hours and costs)

7.00

29.25

10.00

$150.00

1.00

46.25

$2,161.19

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

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.

$75.41/hr

(GS-14)

Technical

$53.66/hr

(GS-12)

Clerical

$37.01/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	$429.28

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	$4,640.80

Complete paperwork (e.g., Reply Letter)	1.50

1.50

$10.00	4	12.00	$714.52

Copy, store, file, and maintain information

	1.50

$50.00	4	6.00	$422.06

Subtotal (hours and costs)

5.50

18.00

3.00

$60.00

4

106.00

$6,206.66

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

Table 5.  	Establishment of No-discharge Zone by EPA Prohibition, Agency (EPA) Burden Hours and Costs  [40 CFR §1700.10]

 tc \l1 "Table 5.  	Establishment of No-discharge Zone by EPA Prohibition, Agency (EPA) Burden Hours and Costs  [40 CFR §1700.10]

 tc \l1 "

Information Collection Activity

Hours and Costs Per Respondent

Total Hours and Costs Per Year

Mgmt.

$75.41/hr

(GS-14)

Technical

$53.66/hr

(GS-12)

Clerical

$37.01/hr

(GS-9)

Capital/

Startup

Cost ($)

O & M

Cost ($)*

Number Respon.

(N = 1)

Total Hours/

Year

Total Cost/

Year ($)

1.	Request Preparation

 LISTNUM 2 \l 1 \s 1 	Read regulations; review guidance document; plan strategy

 LISTNUM 2 \l 1 	Clarify questions with EPA

2.00

1

2.00

$107.32

2.	Gather Information

$0.00

 LISTNUM 2 \l 1 \s 1 	Identification of discharge

$0.00

 LISTNUM 2 \l 1 	Definition of waters in NDZ

$0.00

 LISTNUM 2 \l 1 	Technical analysis showing why protection requires a prohibition of the discharge

$0.00

 LISTNUM 2 \l 1 	Description of discharge removal facilities

$0.00

 LISTNUM 2 \l 1 	Information on regulation of this discharge from non-Armed Forces vessels

$0.00

 LISTNUM 1 \l 1 \s 3 	Create Information (analyze and interpret data)

$0.00

 LISTNUM 1 \l 1 	Review information and make determination

4.00

16.00

1

20.00

$1,160.20

 LISTNUM 1 \l 1 	Complete paperwork (e.g., Reply Letter)

1.50

1.50

$10.00

1

3.00

$178.63

 LISTNUM 1 \l 1 	Disclose information (i.e., Federal Register notices)

1.00

4.00

2.00

1

7.00

$364.07

 LISTNUM 1 \l 1 	Copy, store, file, and maintain information

1.50

$50.00

1

1.50

$105.52

Subtotal (hours and costs)

6.50

22.00

5.00

$60.00

1

33.50

$1,915.74

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

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

 tc \l1 "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.

$75.41/hr

(GS-14)

Technical

$53.66/hr

(GS-12)

Clerical

$37.01/hr

(GS-9)

Capital/

Startup

Cost ($)

O & M

Cost ($)*

Number Respon.

(N = 1)

Total Hours/

Year

Total Cost/

Year ($)

1.	Request Preparation

 LISTNUM 2 \l 1 \s 1 	Read regulations; review guidance document; plan strategy

 LISTNUM 2 \l 1 	Clarify questions with EPA

2.00

1

2.00

$107.32

2	Gather Information

 LISTNUM 2 \l 1 \s 1 	Identification of discharge or standard

$0.00

 LISTNUM 2 \l 1 	Scientific and technical information on which petition is based

$0.00

 LISTNUM 2 \l 1 	Explanation on how information relates to statutory factors

$0.00

 LISTNUM 1 \l 1 \s 3 	Create Information (analyze and interpret data)

$0.00

 LISTNUM 1 \l 1 	Review petition information for accuracy and make determination

4.00

16.00

1

20.00

$1,160.20

 LISTNUM 1 \l 1 	Complete paperwork (e.g., Reply Letter)

1.50

1.50

$10.00

1

3.00

$178.63

 LISTNUM 1 \l 1 	Disclose Information (i.e., Federal Register notices)

1.00

4.00

2.00

1

7.00

$364.07

 LISTNUM 1 \l 1 	Copy, store, file, and maintain information

1.50

$50.00

1

1.50

$105.52

Subtotal (hours and costs)

6.50

22.00

5.00

$60.00

1

33.50

$1,915.74

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

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

 tc \l1 "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 ($)

No-discharge Zone by State Prohibition [40 CFR § 1700.9; Table 1]

4

4

717.00

$32,408.07

$0.00

$600.00

No-discharge Zone by EPA Prohibition [40 CFR § 1700.10; Table 2]

1

1

194.25

$8,821.27

$0.00

$150.00

Petition for Review [40 CFR § 1700.12; Table 3]

1

1

46.25

$1,976.19

$0.00

$150.00

TOTAL

6

6

957.50

$43,205.53

$0.00

$900.00

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

 tc \l1 "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 ($)

No-discharge Zone by State Prohibition [40 CFR § 1700.9; Table 4]

4

4

106.00

$6,206.66

$0.00

$240.00

No-discharge Zone by EPA Prohibition [40 CFR § 1700.10; Table 5]

1

1

33.50

$1,915.74

$0.00

$60.00

Petition for Review [40 CFR § 1700.12; Table 6]

1

1

33.50

$1,915.74

$0.00

$60.00

TOTAL

6

6

173.00

$10,038.14

$0.00

$360.00

Chapter II.  Supporting Statement for the Establishment of No-discharge Zones for Vessel Sewage under 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

Establishment of No-discharge Zones under Clean Water Act Section 312.

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 prohibition.  Finally, under §312(f)(4)(B), upon application by a State, EPA may, by regulation, establish a drinking water intake zone in any waters within that State and prohibit the discharge of sewage from vessels within that zone.  For EPA to make the approvals and designations related to establishing No-discharge Zones (NDZs), States are required under the regulations to provide information relevant to this decision-making process thus triggering the requirement for EPA to have an ICR in compliance with the Paperwork Reduction Act.

SECTION 2:  Need for and Use of the Collection

This section describes the statutory and 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 treated or untreated vessel sewage discharges, which is one of many types of water pollution.  A summary of the statutory authority and subsequent regulations, follows.  A copy of the relevant sections of the statute is included in Attachment C and the relevant sections of the implementing regulations are included in Attachment D.

1)  Statutory Authority:   tc \l3 "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 a 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 environmental protection, such State may completely 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 safe and sanitary removal and treatment of sewage from all vessels are reasonably available for such water to which such prohibition would apply.  Upon application of the State, the Administrator shall make such determination within 90 days of the date of such application.

§312(f)(4)(A).  If the Administrator determines upon application by a State that the protection and enhancement of the quality of specified waters within such State require such a prohibition, the Administrator shall by regulation completely prohibit the discharge from a vessel of any sewage (whether treated or not) into such waters.

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

Most States which have designated and gained approval of NDZs have done so under §312(f)(3).  This method requires the State to demonstrate a need for the discharge prohibition and the existence 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)] or is a proposed drinking water intake zone [§312(f)(4)(B)].  The relevant regulations promulgated under CWA §312 are described in the following section.

2)  Regulatory Authority:   tc \l3 "2)  Regulatory Authority:   CWA §312(f) authorizes the EPA to develop regulations on the standard of performance for marine sanitation devices (MSDs) (see 40 CFR Part 140.3).  The standard only applies to vessels equipped with installed toilets.  The first part of the standard applies to vessels traveling on waters which 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 specific 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 application 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)].

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

The State environmental agency uses the information collected under this chapter of the ICR to prepare the application to be submitted to the EPA Regional Administrator.  An NDZ application is submitted by a State environmental agency to the EPA Regional 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 carry 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 by 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 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 consultations 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 a 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)

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 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 the 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 collection be required.

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

This proposed ICR was announced in the Federal Register on XX/XX/2008, (VOL.  xx, NO. xx, PP.  x-x).  IT WAS TITLED “AGENCY INFORMATION COLLECTION ACTIVITIES:  PROPOSED COLLECTIONS; COMMENT REQUEST; ESTABLISHING NO-DISCHARGE ZONES UNDER CLEAN WATER ACT SECTION 312.”  EPA received XX comments on this notice.

3(c): Consultations

Three representatives of State environmental offices were contacted, during February and March of 2008 EPA and asked to provide oral comments on EPA’s burden estimate (see section 6(e)): Todd Callaghan (MA Department of Environmental Protection,<PHONE_NUMBER>); Rick Huntley (CT Department of Environmental Protection,<PHONE_NUMBER>); and Kristen Fleming (MD Department Natural Resources,<PHONE_NUMBER>).  Two of the representatives believe the estimate is too low and the other felt it was too high.

3(d): Effects of Less Frequent Collection

The information collection requirements related to the NDZ application process are submitted on a one-time basis.  Reductions below this level are not feasible.

3(e):  General Guidelines

The information collection activities discussed in this chapter of the ICR are fully 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 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 application process.  Although the three types of NDZ applications under 40 CFR 140.4 (a-c) have different information collection requirements, the application development and submittal process is the same.

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 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:

 LISTNUM AutoList2 \l 1 	A certification that the protection and enhancement of the waters described in the petition require greater environmental protection than the applicable Federal standard;

2.	A map showing the location of commercial and recreational 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 requirements on vessels that may be excluded because of insufficient water depth adjacent to the facility;

6.	Information indicating that treatment of wastes from such 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.

The State environmental agency, in turn, submits the application to the EPA Regional office for approval of an NDZ designation.

This approval involves the determination of available pumpouts.

Upon a finding of adequate or inadequate pumpout station availability, EPA issues a Notice of Determination stating such.

A State then may designate the particular 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 importance 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

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

(ii)  Respondent Activities

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

The State environmental agency, in turn, submits the application to EPA for designation of an NDZ.

The application development process includes five types of information collection activities.

EPA, after evaluation of the application, can designate by regulation an NDZ for the particular waters.

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 designated as a drinking water intake zone; and

4.	A statement justifying the size of the requested drinking water intake zone.

(ii)  Respondent Activities

An application submitted under 40 CFR 140.4(c) is prepared by the State environmental agency.

The State environmental agency, in turn, submits the application to the EPA Regional office for approval of a NDZ designation.

The application development process includes four types of information collection activities.

EPA, after evaluation of the application, can designate by regulation an NDZ for the particular waters.

EPA can modify the size of the NDZ at its own discretion.

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

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

5(a):  Agency Activities

NDZ Designation under 40 CFR 140.4(a)

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

Clarify any questions from State applicants;

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;

Notify the State in writing of the above determinations including a Federal Register Notice of Determination; and

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:

Clarify any questions from State applicants;

2.	Review the information in 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 maintain 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 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 under 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 other than the one-time application.

NDZ Designation under 40 CFR 140.4(b)

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.  The 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 NDZs designated under this provision.  A State applies for the NDZ and EPA determines if the waters are for drinking purposes and the size of the NDZ.  Upon a favorable determination, EPA establishes the NDZ by regulation.  NDZs established under this provision (like those established under the other provisions) do not require any additional information collection other than the one-time application.

SECTION 6:  Estimating the Burden and Cost of the Collection

Burden and Costs associated with the information collection activities 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 for previous ICRs that have similar information collection activities.  The level-of-effort estimates presented for these tables were reviewed by EPA’s staff and managers, all of whom have experience in assessing information collection work similar to that described in this chapter of the ICR.

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

Read regulation and review guidance document:  management and technical

Information gathering:  technical

Preparing application:  management, technical, and clerical

The application review process includes management and technical personnel.

Information storage involves clerical time for State personnel.

NDZ Designation under 40 CFR 140.4(a)

Applications are submitted to EPA by States.  Based on EPA forecasts, 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 information included in previously submitted NDZ applications.

6(b):  Estimating Respondent Costs

(I) Estimating Labor Costs

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

Table 4 of the BLS report (  HYPERLINK "http://www.bls.gov/news.release/ecec.t04.htm"  http://www.bls.gov/news.release/ecec.t04.htm    September, 2007) 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 of the ICR were obtained from the “White-Collar Occupations” category.

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

$48.35

Professional specialty and technical

Technical

$47.95

Administrative support including clerical

Clerical

$27.02

The above labor rate data are “fully burdened” and include wages/salaries and benefits.  The BLS report provides a breakdown of benefit costs, which includes paid leave, supplemental pay, insurance, retirement, and legally required benefits.  Only fully burdened BLS labor cost data (i.e., total compensation) are 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 were based on the number of applications expected per year.

(ii) Estimating Capital and Operations and Maintenance (O&M) Costs

There are no predicted respondent capital or start-up costs associated with the activities described in this chapter of the ICR.

Nonlabor 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 expenses 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 hours have been categorized:

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

The application review process includes management and technical personnel.

The Federal Register Notice process includes the following type of 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 Federal 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)

EPA reviews application 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 either 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 2008 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 2008.  Step 1 of the GS salaries was used in this chapter of the ICR analysis.  The annual GS salary rates were converted to hourly rates according to instructions in Section 6(c) if the EPA ICR Handbook (12/96 version).  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 4 - 6

January 2008 Annual GS Salary (Step 1)

Work Hours Per Year Factor

Benefits Factor

Calculated Hourly Rate Used in

Tables 4 - 6

Management

GS-14, $98,033

( 2,080

( 1.6

$ 75.41/hr

Technical

GS-12, $69,764

( 2,080

( 1.6

$ 53.66/hr

Clerical

GS-9, $48,108

( 2,080

( 1.6

$ 37.01/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 Tables

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 Labor Cost Per Year ($)

Total Annual Capital Costs ($)

Total Annual O&M Costs ($)

10

9.33

1250.00

$55,314.79

$0.00

$1,400.00

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

 tc \l1 "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 ($)

10

9.33

311

$17,866.92

6(e):  Burden Statement

The annual public reporting and recordkeeping burden for this collection of information is estimated to average 134 hours per response (1250 hours/9.33).  Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency.  This includes the time needed to review instructions; develop, acquire, install, and utilize 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 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 information unless it displays a currently valid OMB control number.  The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OW-2008-0150, which is available for public 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 8:00 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.  Use www.regulations.gov 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.  Once 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, DC 20503, Attention: Desk Office for EPA.  Please include the EPA Docket ID No.  (OW-2008-0150) and OMB control number (2040-0187) in any correspondence.

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.

$48.35/hr

Technical

$47.95/hr

Clerical

$27.02/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

$1534.40

b.	Clarify questions with EPA

0.00

1.00

0.00

 $0

$50

8

8

$783.60

2.	Gather Information

$0.00

     a.   Certification of necessity for greater              environmental protection

1.00

6.00

0.00

$0

 $0

8

56

$2,688.40

     b.  Pumpout facility map

1.00

2.00

0.00

 $0

 $0

8

24

$1154.00

     c.   Description of pumpout facilities

1.00

1.00

0.00

 $0

 $0

8

16

$770.40

     d.   Schedule of operating hours of                       pumpout facilities

1.00

1.00

0.00

 $0

 $0

8

16

$770.40

     e.  Draft requirements and water                    depth adjacent to pumpout facilities

1.00

2.00

0.00

 $0

 $0

8

24

$1154.00

     f.  Waste disposal methods for                           pumpout facilities

1.00

2.00

0.00

 $0

 $0

8

24

$1154.00

     g.  Vessel population and vessel usage

1.00

2.00

0.00

 $0

 $0

8

24

$1154.00

3.  Create information (analyze data and             compile/write application	2.00	35.00	10.00	 $0	 $40	8	376	$16,681.20

4.  Review and edit information for                       accuracy

8.00

32.00

8.00

 $0

 $0

8

384

$17,098.88

5.  Complete paperwork (e.g. submittal                letter)

1.00

3.00

3.00

 $0

 $10

8

56

$2,266.08

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

0.00

3.00

$0

$50

8

24

$1,048.48

Subtotal (hours and costs)

18

91

24

$0

$150

8

1064

$48,257.84

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

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.

$75.41/hr

Technical

$53.66/hr

Clerical

$37.01/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

     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

$9,281.60

5.  Complete paperwork (e.g. submittal              letter)

1.50

0.00

1.50

 $0

 $10

8

24

$1,429.04

6. Disclose information (i.e. Federal                   Register notices)

1.00

4.00

2.00

 $0

 $0

8

56

$2,912.56

7.  Copy, store, file, and maintain                        information

0.00

0.00

1.50

$0

$50

8

12

$844.12

Subtotal (hours and costs)

6.5

20

5

$0

$60

8

252

$14,467.32

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

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.

$48.35/hr

Technical

$47.95/hr

Clerical

$27.02/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

$102.98

b.	Clarify questions with EPA

0.00

1.00

0.00

 $0

$50

.33

0.33

$32.32

2.	2. Gather Information

     $0.00

     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

$47.60

     b.	Identification of water recreational                areas

1.00

2.00

0.00

 $0

 $0

.33

0.99	47.60

     c.	Identification of aquatic sanctuaries

1.00

2.00

0.00

 $0

 $0

.33

0.99	47.60

     d.	Identification of identifiable fish-                    spawning and nursery areas

1.00

2.00

0.00

 $0

 $0

.33

0.99	47.60

     e.     Identification of areas of intensive                 boating activities

1.00

2.00

0.00

 $0

 $0

.33

0.99	47.60

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

1.00

2.00

0.00

 $0

 $0

.33

0.99	47.60

3.  Create information (analyze data and           compile/write application	2.00	35.00	10.00	 $0	 $40	.33	15.51	$688.10

4.  Review and edit information for                     accuracy

8.00

32.00

8.00

 $0

 $0

.33

15.84

$705.33

5.  Complete paperwork (e.g. submittal              letter)

1.00

3.00

3.00

 $0

 $10

.33

2.31

$93.48

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

$29.87

Subtotal (hours and costs)

18

88.5

22.5

$0

$150

.33

42.57

$1,937.70

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

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.

$75.41/hr

Technical

$53.66/hr

Clerical

$37.01/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

$60.30

b.	Clarify questions with EPA

0.00

0.00

0.00

 $0

$0

.33

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

.33

1.32

$78.01

            b.	Identification of water recreational                  areas

1.00

2.00

0.00

 $0

 $0

.33

0.99

$60.30

            c.	Identification of aquatic sanctuaries

1.00

3.00

0.00

 $0

 $0

.33

1.32

$78.01

            d.	Identification of identifiable fish-                      spawning and nursery areas

1.00

2.00

0.00

 $0

 $0

.33

0.99	60.30

            e.    Identification of areas of intensive                  boating activities

1.00

2.00

0.00

 $0

 $0

.33

0.99	60.30

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

1.00

2.00

0.00

 $0

 $0

.33

0.99	60.30

       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

$120.14

       5.  Complete paperwork (e.g. submittal              letter)

0.00

1.00

0.00

 $0

 $10

.33

0.33

$21.01

       6.  Disclose information (i.e. Federal                   Register notices, publish regulation)

1.00

4.00

2.00

 $0

 $0

.33

2.31

$120.14

       7.  Copy, store, file, and maintain                        information

0.00

0.00

1.50

$0

$50

.33

0.495

$34.82

       Subtotal (hours and costs)

9

25

5.5

$0

$60

.33

13.035

$753.64

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

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.

     $48.35/hr

Technical

    $47.95/hr

Clerical

      $27.02/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

$863.90

     b.	Clarify questions with EPA

0.00

3.00

0.00

 $0

$50

1

3

$193.85

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

$336.05

             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

$192.20

             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

$192.20

             d.	A statement justifying the size of                 the requested drinking water                       intake zone

1.00

2.00

0.00

 $0

 $0

1

3

$144.25

       3.  Create information (analyze data and          compile/write application	2.00	35.00	10.00	 $0	 $40	1	47	$2085.15

       4.  Review and edit information for                    accuracy

8.00

32.00

8.00

 $0

 $10

1

48

$2,147.36

       5.  Complete paperwork (e.g. submittal            letter)

1.00

3.00

3.00

 $0

 $0

1

7

$273.26

       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                      information

0.00

0.00

1.50

$0

$50

1

1.5

$90.53

       Subtotal (hours and costs)

17

103

22.5

$0

$150

1

142.5

$6,518.75

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

       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.

     $75.41/hr

Technical

      $53.66/hr

Clerical

      $37.01/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

$182.73

     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

$236.39

             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

$182.73

             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

$236.39

             d.	A statement justifying the size of                   the requested drinking water                         intake zone

1.00

2.00

0.00

 $0

 $0

1

3

$182.73

       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

$236.39

        5. Complete paperwork (e.g. submittal              letter)

1.00

3.00

0.00

 $0

 $10

1

4

$246.39

        6. Disclose information (i.e. Federal                  Register notices, publish regulation)

3.00

12.00

6.00

 $0

 $0

1

21

$1,092.21

        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

$2,645.96

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

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 Annual Capital Costs ($)

Total Annual O&M Costs ($)

No-discharge Zone under 40 CFR 140.4(a) (Table 9)

8

8

1064.00

$47,057.84

$0.00

$1,200.00

No-discharge Zone under 40 CFR 140.4(b) (Table 11)

1

0.33

43.00

$1,888.20

$0.00

$50.00

No-discharge Zone under 40 CFR 140.4(c)] (Table 13)

1

1

143.00

$6,368.75

$0.00

$150.00

TOTAL

10

9.33

1250.00

$55,314.79

$0.00

$1,400.00

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

 tc \l1 "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 Annual Capital Costs ($)

Total Annual O&M Costs ($)

No-discharge Zone under 40 CFR 140.4(a) (Table 10)

8

8

252

$14,467.32

$0.00

$480.00

No-discharge Zone under 40 CFR 140.4(b) (Table 12)

1

0.33

13

$753.64

$0.00

$60.00

No-discharge Zone under 40 CFR 140.4(c) (Table 14)

1

1

46

$2,645.96

$0.00

$60.00

TOTAL

10

9.33

311

$17,866.92

$0.00

$600.00

	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 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

16

15.33

2,207.5

$98,520.32

$0.00

$2,300

*  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 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

16

15.33

484

$27,905.06

$0.00

$960

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

	Attachment B

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

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 compliance 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 under construction, vessels in drydock, amphibious vehicles, or vessels under the jurisdiction of the Department 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 subdivisions 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 prohibition 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 discharge 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 Armed 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 runoff, ballast water, oil water separator effluent, and any other pollutant 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 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, including 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 incinerator;

(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.

Environmental 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 determined by the Administrator and Secretary to be the most effective equipment or management practice to reduce the environmental impacts 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 incidental 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.

United States includes the States, the District of Columbia, 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 incidental 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 adverse 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 used 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 vessel and to adjust the buoyancy of submarines.

(e) Compensated Fuel Ballast: the seawater taken 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 propeller 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 deck 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 used 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 lavatory 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 surrounding seawater.

(o) Motor Gasoline and Compensating Discharge: 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 packings, 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 discharge 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 attachment of biofouling organisms 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 cool the exhaust and quiet the engine.

(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 submarine (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 performed while the vessel is waterborne.

(y) Welldeck Discharges: the water that accumulates from seawater flooding of the 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 the welldeck.

§ 1700.5   Discharges not requiring control.

For the following discharges incidental to the normal operation of Armed Forces vessels, the Administrator and the Secretary have determined 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 stores 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 cathodic 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 Discharge: 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 damage 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, refrigerators, freezers, and refrigerated spaces.

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

(j) Steam Condensate: the condensed steam discharged from a vessel in port, where the steam originates from port 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 assembly 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 engine exhaust to cool the exhaust and quiet the engine.

(n) Submarine Outboard Equipment Grease and External Hydraulics: the grease released 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.

(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 subdivisions 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 provided 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 regarding 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 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 provided in §1700.9), or apply for a no-discharge zone 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 the 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 procedures in §1700.9. A no-discharge 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 listed 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 include 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 greater environmental protection than provided by existing Federal 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 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 two determinations listed below. Prior to making these determinations, 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 specified 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 in 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 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 include a map, preferably a USGS topographic 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 require 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, pristine 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 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 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 impact of the prohibition on Armed Forces vessels.

(1) The protection 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 establish 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 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 Review

§ 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 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. A State may submit a petition only where there is new, significant information not considered previously by the Administrator and Secretary.

§ 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 review 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 the determination or the standard on 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 Control Device.

(4) The effect that installation or use of the Marine Pollution Control Device would have on the operation or operational capability 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 the date of receipt of the petition. If the Administrator and Secretary grant the petition, they will undertake rulemaking to amend this part. If the Administrator 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]

	Attachment C

	CWA Section 312 (Marine Sanitation Devices)

Sec. 312 FEDERAL WATER POLLUTION CONTROL ACT

MARINE SANITATION DEVICES

SEC. 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 used, 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, the 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 sewage, 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 shall 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 individual, 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 galley, 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 pollutant 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 application 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 Regulations (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 impacts 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) any 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 economic costs involved, and within the limits of available 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 of 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 section 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 Secretary 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