Agency Information Collection Activities; Proposed Collection; Comment Request; Information Collection Request for Cooling Water Intake Structure Phase II Existing Facilities, EPA ICR No. 2060.03, OMB Control No. 2040-0257, 9328-9330 [E7-3589]

Download as PDF rmajette on PROD1PC67 with NOTICES 9328 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices promote the WasteWise program and waste reduction to their members. The Partner Registration Form identifies an organization and its facilities registering to participate in WasteWise, and requires the signature of a senior official that can commit the organization to the program. (This form can be submitted either electronically or in hard copy.) Within six months of registering, each partner is asked to conduct a waste assessment and submit baseline data and waste reduction goals to EPA via the Annual Assessment Form. (This form can also be submitted either electronically or in hard copy.) On an annual basis partners are asked to report, via the Annual Assessment Form, on their progress toward achieving their waste reduction goals by estimating amounts of waste prevented and recyclables collected, and describing buying or manufacturing recycled-content products. Partners can also provide WasteWise with information on total waste prevention revenue, total recycling revenue, total avoided purchasing costs due to waste prevention, and total avoided disposal costs due to recycling and waste prevention. Additionally, they are asked to submit new waste reduction goals. Endorsers, who are typically trade associations or state/local governments, submit the Endorser Registration Form once during their endorser relationship with WasteWise. (This form can be submitted either electronically or in hard copy.) The Endorser Registration Form identifies the organization, the principal contact, and the activities to which the Endorser commits. EPA’s WasteWise program uses the submitted information to (1) identify and recognize outstanding waste reduction achievements by individual organizations, (2) compile aggregate results that indicate overall accomplishments of WasteWise partners, (3) identify cost-effective waste reduction strategies to share with other organizations, and (4) identify topics on which to develop assistance and information efforts. Burden Statement: The respondent burden for this collection is estimated to average 1 hour per response for the Partner Registration Form, 40 hours per response for the Annual Assessment Form, and 10 hours per response for the Endorser Registration Form. This results in an estimated annual partner respondent burden of 41 hours for new partners, 40 hours for established partners, and a one-time respondent burden of 10 hours for endorsers. The estimated number of respondents is 1,675 in Year 1; 1,775 in Year 2; and 1,875 in Year 3. Estimated total annual VerDate Aug<31>2005 15:01 Feb 28, 2007 Jkt 211001 burden on all respondents is 66,350 hours in Year 1; 70,350 hours in Year 2; and 74,350 hours in Year 3. 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 which have subsequently changed; 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. The ICR provides a detailed explanation of the Agency’s estimate, which is only briefly summarized here: Estimated total number of potential respondents: 1,525. Frequency of response: Annually. Estimated total average number of responses for each respondent: 1. Estimated total annual burden hours: 56,700. Estimated total annual costs: $0. This includes an estimated burden cost of $0 and an estimated cost of $0 for capital investment or maintenance and operational costs. What Is the Next Step in the Process for This ICR? EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT. Dated: February 2, 2007. Matthew Hale, Director, Office of Solid Waste. [FR Doc. E7–3588 Filed 2–28–07; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OW–2007–0142; FRL–8282–6] Agency Information Collection Activities; Proposed Collection; Comment Request; Information Collection Request for Cooling Water Intake Structure Phase II Existing Facilities, EPA ICR No. 2060.03, OMB Control No. 2040–0257 Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that EPA is planning to submit a request to renew an existing approved Information Collection Request (ICR) to the Office of Management and Budget (OMB). Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection as described below. DATES: Comments must be submitted on or before April 30, 2007. ADDRESSES: Submit your comments, referencing docket ID number EPA–HQ– OW–2007–0142, by one of the following methods: • https://www.regulations.gov: Follow the online instructions for submitting comments. • E-mail: ow–docket@epa.gov (Identify Docket ID number EPA–HQ– OW–2007–0142, in the subject line) • Mail: Water Docket, Environmental Protection Agency, Mailcode: 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of three copies. • Hand Delivery: EPA Docket Center, EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments identified by the Docket ID number EPA–HQ–OW–2007–0142. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI E:\FR\FM\01MRN1.SGM 01MRN1 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. FOR FURTHER INFORMATION CONTACT: Amelia Letnes, State and Regional Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 564–5627; email address: letnes.amelia@epa.gov. SUPPLEMENTARY INFORMATION: rmajette on PROD1PC67 with NOTICES How Can I Access the Docket and/or Submit Comments? EPA has established a public docket for the ICR identified in this document (ID number EPA–HQ–OW–2007–0142), which is available for online viewing at https://www.regulations.gov, or in person viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 8 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. Use https://www.regulations.gov to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the 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 in this document. VerDate Aug<31>2005 15:01 Feb 28, 2007 Jkt 211001 What Information Is EPA Particularly Interested In? Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically solicits comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) Evaluate the accuracy of the Agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) Enhance the quality, utility, and clarity of the information to be collected; and (iv) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection. What Should I Consider When I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible and provide specific examples. 2. Describe any assumptions that you used. 3. Provide copies of technical information/data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Offer alternative ways to improve the collection activity. 6. Make sure to submit your comments by the deadline identified under DATES. 7. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation. What Information Collection Activity or ICR Does This Apply to? Affected entities: Entities potentially affected by this action include existing electric power generating facilities PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 9329 meeting the applicability criteria of the 316(b) Phase II Existing Facility rule at 40 CFR 125.91. Title: Information Collection Request for Cooling Water Intake Structure Phase II Existing Facilities. ICR numbers: EPA ICR No. 2060.03, OMB Control No. 2040–0257. ICR status: 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 in title 40 of the CFR, after appearing in the Federal Register when approved, are listed in 40 CFR Part 9, and displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers in certain EPA regulations is consolidated in 40 CFR part 9. Abstract: The section 316(b) Phase II Existing Facility rule requires the collection of information from existing point source facilities that generate and transmit electric power (as a primary activity) or generate electric power but sell it to another entity for transmission, use a cooling water intake structure (CWIS) that uses at least 25 percent of the water it withdraws from waters of the U.S. for cooling purposes, and have a design intake flow of 50 million gallons per day (MGD) or more. Section 316(b) of the Clean Water Act (CWA) requires that any standard established under section 301 or 306 of the CWA and applicable to a point source must require that the location, design, construction and capacity of CWISs at that facility reflect the best technology available (BTA) for minimizing adverse environmental impact. Such impact occurs as a result of impingement (where fish and other aquatic life are trapped on technologies at the entrance to CWIS) and entrainment (where aquatic organisms, eggs, and larvae are taken into the cooling system, passed through the heat exchanger, and then pumped back out with the discharge from the facility). The 316(b) Phase II rule establishes requirements applicable to the location, design, construction, and capacity of CWISs at Phase II existing facilities. These requirements establish the BTA for minimizing adverse environmental impact associated with the use of CWISs. On January 25, 2007, the United States Court of Appeals for the Second Circuit remanded to EPA certain provisions in the 2004 Final Regulations to Establish Requirements for Cooling Water Intake Structures at Phase II Existing Facilities (See Riverkeeper, Inc. E:\FR\FM\01MRN1.SGM 01MRN1 rmajette on PROD1PC67 with NOTICES 9330 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Notices v. U.S. EPA, No. 04–6692–ag(L) [2d Cir. Jan. 25, 2007]). EPA is continuing to review the decision to determine its impact on the Phase II Rule. Therefore, this ICR does not address the results of the court decision. Burden Statement: The annual average reporting and record keeping burden for the collection of information by facilities responding to the Section 316(b) Phase II Existing Facility rule is estimated to be 2,983 hours per facility respondent (i.e., an annual average of 1,157,216 hours of burden divided among an anticipated annual average of 388 facilities). The state Director reporting and record keeping burden for the review, oversight, and administration of the rule is estimated to average 2,034 hours per state respondent (i.e., an annual average of 83,383 hours of burden divided among an anticipated 41 States on average per year). Burden means the total time, effort, or financial resources expended by persons to generate, maintain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and use 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 information. The ICR provides a detailed explanation of the Agency’s estimate, which is only briefly summarized here: Estimated total number of potential respondents: 549 (508 facilities and 41 states). Frequency of response: Bi-annually, every five years. Estimated total average number of responses for each respondent: 24. Estimated total annual burden hours: 1,240,599 hours. Estimated total annual costs: $80,556,134. This includes an estimated burden cost of $65,592,289 and an estimated cost of $14,963,845 for capital investment or maintenance and operational costs. Changes in the Estimates: The change in burden results mainly from the shift from the approval period to the renewal period of the 316(b) Phase II Existing Facilities rule. This ICR covers the last 2 years of the permit approval period (i.e., years 4 and 5 after implementation) and the first year of the renewal period VerDate Aug<31>2005 15:01 Feb 28, 2007 Jkt 211001 (i.e., year 6 after implementation). Activities for renewing an NPDES permit already issued under the 316(b) Phase II Existing Facilities rule are less burdensome than those for issuing a permit for the first time. Additionally, for the approval period ICR (EPA ICR No. 2060.02), EPA assumed that all facilities complying with the rule would be in NPDES-authorized States. EPA has moved away from this assumption, and, for this ICR, all calculations are based on the estimated number and type of facilities in authorized and nonauthorized States. Dated: February 23, 2007. James A. Hanlon, Director, Office of Wastewater Management. [FR Doc. E7–3589 Filed 2–28–07; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Submitted for Review to the Office of Management and Budget February 21, 2007. SUMMARY: The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, Public Law 104–13. An agency may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid control number. Comments are requested concerning (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. DATES: Written Paperwork Reduction Act (PRA) comments should be submitted on or before April 2, 2007. If you anticipate that you will be submitting PRA comments, but find it PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Allison E. Zaleski, Office of Management and Budget, Room 10236 NEOB, Washington, DC 20503, (202) 395–6466, or via fax at 202–395–5167 or via Internet at Allison_E._Zaleski@.omb.eop.gov and to Judith-B Herman@fcc.gov, Federal Communications Commission, Room 1–B441, 445 12th Street, SW., DC 20554 or an e-mail to PRA@fcc.gov. If you would like to obtain or view a copy of this information collection, you may do so by visiting the FCC PRA Web page at: https://www.fcc.gov/omd/pra. FOR FURTHER INFORMATION CONTACT: For additional information or copies of the information collection(s), contact Judith B. Herman at 202–418–0214 or via the Internet at Judith-B.Herman@fcc.gov. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0953. Title: Wireless Medical Telemetry Service, ET Docket No. 99–255, FCC 00– 211. Form No.: N/A. Type of Review: Extension of a currently approved collection. Respondents: Business or other forprofit and not-for-profit institutions. Number of Respondents: 2,500 respondents; 2,500 responses. Estimated Time Per Response: 1–4 hours. Frequency of Response: On occasion reporting requirement, third party disclosure requirement and recordkeeping requirement. Obligation to Respond: Required to obtain or retain benefits. Total Annual Burden: 10,000 hours. Total Annual Cost: $500,000. Privacy Act Impact Assessment: N/A. Nature and Extent of Confidentiality: No information is requested that would require assurance of confidentiality. Needs and Uses: The Commission will submit this information collection to OMB as an extension during this comment period to obtain the full threeyear clearance from them. There is no change in the number of respondents, burden hours or annual costs. The Commission adopted rules which enhance the ability of health care providers to offer high quality and cost effective care to patients with acute and chronic health care needs. Medical telemetry equipment is used in hospitals and health care facilities to transmit patient measurement data, such as pulse and respiration rates to a nearby receiver that permits greater patient mobility and increased comfort. E:\FR\FM\01MRN1.SGM 01MRN1

Agencies

[Federal Register Volume 72, Number 40 (Thursday, March 1, 2007)]
[Notices]
[Pages 9328-9330]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3589]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2007-0142; FRL-8282-6]


Agency Information Collection Activities; Proposed Collection; 
Comment Request; Information Collection Request for Cooling Water 
Intake Structure Phase II Existing Facilities, EPA ICR No. 2060.03, OMB 
Control No. 2040-0257

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that EPA is planning to 
submit a request to renew an existing approved Information Collection 
Request (ICR) to the Office of Management and Budget (OMB). Before 
submitting the ICR to OMB for review and approval, EPA is soliciting 
comments on specific aspects of the proposed information collection as 
described below.

DATES: Comments must be submitted on or before April 30, 2007.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OW-2007-0142, by one of the following methods:
      https://www.regulations.gov: Follow the online 
instructions for submitting comments.
     E-mail: ow-docket@epa.gov (Identify Docket ID number EPA-
HQ-OW-2007-0142, in the subject line)
     Mail: Water Docket, Environmental Protection Agency, 
Mailcode: 4203M, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Please include a total of three copies.
     Hand Delivery: EPA Docket Center, EPA West, Room B102, 
1301 Constitution Avenue, NW., Washington, DC. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments identified by the Docket ID 
number EPA-HQ-OW-2007-0142. EPA's policy is that all comments received 
will be included in the public docket without change and may be made 
available online at https://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI

[[Page 9329]]

or otherwise protected through https://www.regulations.gov or e-mail. 
The https://www.regulations.gov Web site is an ``anonymous access'' 
system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through 
www.regulations.gov, your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses. For additional information about EPA's public docket, visit 
the EPA Docket Center homepage at https://www.epa.gov/epahome/
dockets.htm.

FOR FURTHER INFORMATION CONTACT: Amelia Letnes, State and Regional 
Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 564-5627; e-mail address: 
letnes.amelia@epa.gov.

SUPPLEMENTARY INFORMATION: 

How Can I Access the Docket and/or Submit Comments?

    EPA has established a public docket for the ICR identified in this 
document (ID number EPA-HQ-OW-2007-0142), which is available for online 
viewing at https://www.regulations.gov, or in person viewing at the 
Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room B102, 
1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading 
Room is open from 8 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.
    Use https://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the 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 in this document.

What Information Is EPA Particularly Interested In?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.

What Should I Consider When I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of technical information/data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

What Information Collection Activity or ICR Does This Apply to?

    Affected entities: Entities potentially affected by this action 
include existing electric power generating facilities meeting the 
applicability criteria of the 316(b) Phase II Existing Facility rule at 
40 CFR 125.91.
    Title: Information Collection Request for Cooling Water Intake 
Structure Phase II Existing Facilities.
    ICR numbers: EPA ICR No. 2060.03, OMB Control No. 2040-0257.
    ICR status: 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 in title 40 of the CFR, after appearing in the 
Federal Register when approved, are listed in 40 CFR Part 9, and 
displayed either by publication in the Federal Register or by other 
appropriate means, such as on the related collection instrument or 
form, if applicable. The display of OMB control numbers in certain EPA 
regulations is consolidated in 40 CFR part 9.
    Abstract: The section 316(b) Phase II Existing Facility rule 
requires the collection of information from existing point source 
facilities that generate and transmit electric power (as a primary 
activity) or generate electric power but sell it to another entity for 
transmission, use a cooling water intake structure (CWIS) that uses at 
least 25 percent of the water it withdraws from waters of the U.S. for 
cooling purposes, and have a design intake flow of 50 million gallons 
per day (MGD) or more. Section 316(b) of the Clean Water Act (CWA) 
requires that any standard established under section 301 or 306 of the 
CWA and applicable to a point source must require that the location, 
design, construction and capacity of CWISs at that facility reflect the 
best technology available (BTA) for minimizing adverse environmental 
impact. Such impact occurs as a result of impingement (where fish and 
other aquatic life are trapped on technologies at the entrance to CWIS) 
and entrainment (where aquatic organisms, eggs, and larvae are taken 
into the cooling system, passed through the heat exchanger, and then 
pumped back out with the discharge from the facility). The 316(b) Phase 
II rule establishes requirements applicable to the location, design, 
construction, and capacity of CWISs at Phase II existing facilities. 
These requirements establish the BTA for minimizing adverse 
environmental impact associated with the use of CWISs.
    On January 25, 2007, the United States Court of Appeals for the 
Second Circuit remanded to EPA certain provisions in the 2004 Final 
Regulations to Establish Requirements for Cooling Water Intake 
Structures at Phase II Existing Facilities (See Riverkeeper, Inc.

[[Page 9330]]

v. U.S. EPA, No. 04-6692-ag(L) [2d Cir. Jan. 25, 2007]). EPA is 
continuing to review the decision to determine its impact on the Phase 
II Rule. Therefore, this ICR does not address the results of the court 
decision.
    Burden Statement: The annual average reporting and record keeping 
burden for the collection of information by facilities responding to 
the Section 316(b) Phase II Existing Facility rule is estimated to be 
2,983 hours per facility respondent (i.e., an annual average of 
1,157,216 hours of burden divided among an anticipated annual average 
of 388 facilities). The state Director reporting and record keeping 
burden for the review, oversight, and administration of the rule is 
estimated to average 2,034 hours per state respondent (i.e., an annual 
average of 83,383 hours of burden divided among an anticipated 41 
States on average per year). Burden means the total time, effort, or 
financial resources expended by persons to generate, maintain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and use 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 information.
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 549 (508 
facilities and 41 states).
    Frequency of response: Bi-annually, every five years.
    Estimated total average number of responses for each respondent: 
24.
    Estimated total annual burden hours: 1,240,599 hours.
    Estimated total annual costs: $80,556,134. This includes an 
estimated burden cost of $65,592,289 and an estimated cost of 
$14,963,845 for capital investment or maintenance and operational 
costs.
    Changes in the Estimates: The change in burden results mainly from 
the shift from the approval period to the renewal period of the 316(b) 
Phase II Existing Facilities rule. This ICR covers the last 2 years of 
the permit approval period (i.e., years 4 and 5 after implementation) 
and the first year of the renewal period (i.e., year 6 after 
implementation). Activities for renewing an NPDES permit already issued 
under the 316(b) Phase II Existing Facilities rule are less burdensome 
than those for issuing a permit for the first time. Additionally, for 
the approval period ICR (EPA ICR No. 2060.02), EPA assumed that all 
facilities complying with the rule would be in NPDES-authorized States. 
EPA has moved away from this assumption, and, for this ICR, all 
calculations are based on the estimated number and type of facilities 
in authorized and non-authorized States.

    Dated: February 23, 2007.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. E7-3589 Filed 2-28-07; 8:45 am]
BILLING CODE 6560-50-P
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