View Information Collection Request (ICR) Package
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View ICR - Agency Submission
COMMENT
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Days
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OMB Control No:
2040-0187
ICR Reference No:
202609-2040-002
Status:
Received in OIRA
Previous ICR Reference No:
202208-2040-001
Agency/Subagency:
EPA/OW
Agency Tracking No:
1791.10
Title:
Establishing No-Discharge Zones Under Clean Water Act Section 312 (Renewal)
Type of Information Collection:
Extension without change of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
Date Submitted to OIRA:
09/30/2026
Requested
Previously Approved
Expiration Date
36 Months From Approved
10/31/2026
Responses
3
4
Time Burden (Hours)
458
577
Cost Burden (Dollars)
400
548
Abstract:
Pursuant to Clean Water Act (CWA) section 312, states are authorized to petition EPA for more stringent requirements to apply within state waters for sewage discharges from all vessels, as well as certain discharges from vessels of the Armed Forces. (A) Sewage No-Discharge Zones: CWA section 312(f) and the implementing regulations in 40 CFR part 140 identify the information that must be included in a state's application to EPA to establish a no-discharge zone (NDZ) for vessel sewage for some or all of the state's waters. In designated vessel sewage NDZs, the discharge of both treated and untreated sewage from vessels is prohibited. (B) Uniform National Discharge Standards NDZs and Review of Discharge Determination or Standards: CWA section 312(n), the Uniform National Discharge Standards (UNDS), requires EPA and the Department of War to establish uniform national discharge standards to control discharges incidental to the normal operation of a vessel of the Armed Forces. CWA section 312(n)(7) and the implementing regulations in 40 CFR part 1700 identify the information that a state must submit to EPA in the state's application to establish an NDZ for one or more UNDS discharges. A state may seek an NDZ designation for any UNDS discharge for which EPA and the Department of War have promulgated national standards of performance and corresponding implementing regulations, respectively. Additionally, CWA section 312(n)(5) provides that that the governor of any state may petition EPA and the Department of War to review any discharge determination or standard promulgated under CWA section 312(n) if there is significant new information that could reasonably result in a change to the discharge determination or standard. The collection of information is intended to capture the burden on state respondents to develop petitions that include the required information, as well as the burden on EPA to review the petitions. The EPA’s burden estimates in this ICR are based on the regulatory requirements in 40 CFR part 140 and 40 CFR part 1700, and the EPA cannot require state respondents to provide additional information as part of the petition processes beyond what is enumerated in the regulations. This ICR is necessary to fulfill EPA’s obligations under the statute to receive and respond to state petitions; however, development and submission of a petition by a state is not required. Instead, a state must develop and submit a petition only when the state wishes to designate an NDZ either for sewage or for an UNDS discharge, or to request a review of an UNDS discharge determination or standard. The information collection activities discussed in this ICR do not require the submission of any confidential information.
Authorizing Statute(s):
PL:
Pub.L. 92 - 500 1322
Name of Law: Federal Water Pollution Control Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
91 FR 17272
04/06/2026
30-day Notice:
Federal Register Citation:
Citation Date:
91 FR 60620
09/24/2026
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
1
IC Title
Form No.
Form Name
State Agencies
ICR Summary of Burden
Total Request
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
3
4
0
0
-1
0
Annual Time Burden (Hours)
458
577
0
0
-119
0
Annual Cost Burden (Dollars)
400
548
0
0
-148
0
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
There is a decrease of 119 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. The decrease is due to an adjustment to the number of expected respondents, with the EPA expecting fewer applications submitted pursuant to CWA section 312(f)(3) during this renewal cycle. The EPA increased the burden hours for some aspects of petition development based on input from consultations.
Annual Cost to Federal Government:
$10,854
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
No
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
No
Agency Contact:
Catherine Brady 202 566-2424 brady.catherine@epa.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
09/30/2026
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