Agency Information Collection Activities; Proposed Collection; Comment Request; Information Collection Request for Cooling Water Intake Structure Phase II Existing Facilities (Renewal), 35021-35023 [2010-14917]
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
this time. Instead, we are soliciting
comments, recommendations, and
information on the Scoping Document
(SD) issued on June 15, 2010.
Copies of the SD outlining the subject
areas to be addressed in the EA were
distributed to the parties on the
Commission’s mailing list and the
applicant’s distribution list. Copies of
the SD may be viewed on the Web at
https://www.ferc.gov, using the
‘‘eLibrary’’ link. Enter the docket
number, excluding the last three digits
in the docket number field, to access the
document. For assistance, call 1–866–
208–3676, or for TTY, (202) 502–8659.
or 202–208–8659 (TTY), or send a fax to
202–208–2106 with the required
accommodations.
Questions about this conference may
be directed to:
Karin L. Larson, Office of the General
Counsel—Energy Markets, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
(202) 502–8236, Karin.Larson@ferc.gov.
Christopher Young, Office of Electric
Reliability, Division of Reliability
Standards, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–6403,
Christopher.Young@ferc.gov.
Kimberly D. Bose,
Secretary.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010–14947 Filed 6–18–10; 8:45 am]
[FR Doc. 2010–14944 Filed 6–18–10; 8:45 am]
BILLING CODE 6717–01–P
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
ENVIRONMENTAL PROTECTION
AGENCY
Federal Energy Regulatory
Commission
[EPA–HQ–OW–2008–0719, FRL–9164–9;
EPA ICR No. 2060.04; OMB Control No.
2040–0257]
[Docket No. AD10–14–000]
Reliability Standards Development and
NERC and Regional Entity
Enforcement; Notice of Technical
Conference
sroberts on DSKD5P82C1PROD with NOTICES
June 15, 2010.
Take notice that the Federal Energy
Regulatory Commission (Commission)
will hold a Commissioner-led Technical
Conference to address industry
perspectives on certain issues pertaining
to the development and enforcement of
mandatory Reliability Standards for the
Bulk-Power System. The conference
will focus on the Electric Reliability
Organization’s (ERO) standards
development process; communication
and interactions between the
Commission, the ERO and Regional
Entities; and ERO and Regional Entity
monitoring and enforcement.
This Technical Conference will be
held on Tuesday, July 6, 2010, in the
Commission Meeting Room (2C) at the
Commission’s Washington, DC
headquarters, 888 First Street, NE.,
Washington, DC, from approximately 10
a.m. until 4 p.m. (e.d.t.). A further
notice with detailed information,
including the agenda, will be issued in
advance of this conference. All
interested parties are invited, and there
is no registration list or registration fee
to attend.
Commission conferences are
accessible under section 508 of the
Rehabilitation Act of 1973. For
accessibility accommodations please
send an e-mail to accessibility@ferc.gov
or call toll free 1–866–208–3372 (voice)
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Agency Information Collection
Activities; Proposed Collection;
Comment Request; Information
Collection Request for Cooling Water
Intake Structure Phase II Existing
Facilities (Renewal)
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). This
ICR is scheduled to expire on August
31, 2010. Before submitting the ICR to
OMB for review and approval, EPA is
soliciting comments on specific aspects
of the information collection as
described below.
DATES: Comments must be submitted on
or before August 20, 2010.
ADDRESSES: Submit your comments,
referencing docket ID No. EPA–HQ–
OW–2008–0719, 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 No. EPA–HQ–OW–
2008–0719, in the subject line).
• Mail: Water Docket, Environmental
Protection Agency, Mailcode: 4203M,
1200 Pennsylvania Ave., NW.,
PO 00000
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35021
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 No. EPA–
HQ–OW–2008–0719. 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
or otherwise protected through
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 https://
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:
How can I access the docket and/or
submit comments?
EPA has established a public docket
for the ICR identified in this document
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35022
Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
(ID No. EPA–HQ–OW–2008–0719),
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 existing 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.
sroberts on DSKD5P82C1PROD with NOTICES
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 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
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.
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15:46 Jun 18, 2010
Jkt 220001
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 (Renewal)
ICR Numbers: EPA ICR No. 2060.04,
OMB Control No. 2040–0257.
ICR Status: This ICR is currently
scheduled to expire on August 31, 2010.
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
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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.
The 316(b) Phase II rule was signed
on February 16, 2004. Industry and
environmental groups, and a number of
States filed legal challenges to the rule.
Several issues were heard by the Second
Circuit’s Court of Appeals, which issued
a decision on January 25, 2007
remanding portions of the rule (see
Riverkeeper, Inc. v. U.S. EPA, No. 04–
6692–ag(L) [2d Cir. Jan. 25, 2007]).
Industry groups also petitioned the
Supreme Court on several issues, which
issued a decision on April 1, 2009.
(Entergy Corp. v. Riverkeeper, Inc., No.
07–588). EPA subsequently suspended
the 316(b) Phase II rule on July 9, 2007
and is currently in the process of
developing a revised rule for existing
facilities. However, permitting
authorities are still required under
section 301 of the CWA to establish
BTA permit limits using best
professional judgment. The existing
Phase II rule provides a framework for
the type of information a permit
authority needs to establish appropriate
BTA limits for CWISs. This ICR does not
address the results of court decisions or
any proposed regulation.
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 2,071 hours per
respondent (i.e., an annual average of
977,293 hours of burden divided among
an anticipated annual average of 472
facilities). The State Director reporting
and record keeping burden for the
review, oversight, and administration of
the rule is estimated to average 1,101
hours per respondent (i.e., an annual
average of 46,228 hours of burden
divided among an anticipated 42 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
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
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 for
the existing ICR, which is only briefly
summarized here:
Estimated total number of potential
respondents: 548 (506 facilities and 42
States).
Frequency of response: Bi-annually,
every five years.
Estimated total average number of
responses for each respondent: 9.
Estimated total annual burden hours:
1,023,521 hours.
Estimated total annual costs:
$74,199,667. This includes an estimated
burden cost of $64,224,198 and an
estimated cost of $9,975,469 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. The currently approved
ICR (EPA ICR No. 2060.03) 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). This proposed ICR
covers renewal of permits only (years 7
to 9 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.
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.
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Dated: June 14, 2010.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 2010–14917 Filed 6–18–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9164–8]
Informational Public Meetings for
Hydraulic Fracturing Research Study
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The Environmental Protection
Agency (EPA or Agency) is announcing
four (4) public informational meetings
to explain its proposed plan to study the
relationship between hydraulic
fracturing and drinking water. The
meetings are open to all interested
parties and will be held in Fort Worth,
Texas; Denver, Colorado; Canonsburg,
Pennsylvania; and Binghamton, New
York. EPA will provide the public with
information about the Agency’s
preliminary plans for study scope and
design, and EPA will receive public
comments on the preliminary plans
during the meetings.
DATES: The Hydraulic Fracturing Study
informational meetings are as follows:
July 8, 2010, from 6 p.m. to 10 p.m.,
c.d.t., in Fort Worth Texas; July 13,
2010, from 6 p.m. to 10 p.m., m.d.t., in
Denver, Colorado; July 22, 2010, from 6
p.m. to 10 p.m., e.d.t. in Canonsburg,
Pennsylvania; and three (3) meetings on
August 12, 2010, from 8 a.m. to 12 p.m.,
1 p.m. to 5 p.m., and 6 p.m. to 10 p.m.,
e.d.t., in Binghamton, New York.
Stakeholders are requested to preregister for the meetings at least 72
hours before each meeting at the
following Web site: https://
hfmeeting.cadmusweb.com.
FOR FURTHER INFORMATION CONTACT: Jill
Dean, Office of Groundwater and
Drinking Water, Environmental
Protection Agency, 1200 Pennsylvania
Ave., NW., Mailcode 4606M,
Washington, DC 20460; telephone
number: 202–564–8241; e-mail address:
dean.jill@epa.gov.
ADDRESSES: The Hydraulic Fracturing
Study informational meetings will be
held as follows: On July 8, 2010, at the
Hilton Fort Worth in Fort Worth, Texas;
on July 13, 2010, at the Marriot Tech
Center’s Rocky Mountain Events Center
in Denver, Colorado; on July 22, 2010,
at the Hilton Garden Inn in Canonsburg,
PA; and on August 12, 2010, at the
Anderson Performing Arts Center at
PO 00000
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35023
Binghamton University in Binghamton,
New York. More specific information
regarding the public meetings such as
addresses for the meeting locations and
agendas will be provided on the EPA
Hydraulic Fracturing Web site at
https://www.epa.gov/safewater/
_safewater/uic/wells_hydrofrac.html.
SUPPLEMENTARY INFORMATION: EPA is
hosting four (4) informational meetings
related to the Agency’s proposed
Hydraulic Fracturing Research Study.
The meetings are open to the public and
all interested stakeholders are invited to
attend. Presentations by EPA will be
limited to study planning and will not
include discussions on hydraulic
fracturing policy or past EPA studies.
Persons wishing to contribute
comments to EPA regarding the
proposed Hydraulic Fracturing Research
Study may: (1) Present oral comments at
the informational meeting; (2) submit
written comments at the informational
meeting; (3) send written comments to
EPA using the contact information listed
in the FOR FURTHER INFORMATION
CONTACT section; or (4) submit
electronic comments to EPA at
hydraulic.fracturing@epa.gov.
The meetings will begin with brief
presentations by the EPA Office of
Research and Development on hydraulic
fracturing, potential study plan
components, and proposed criteria for
selecting case study locations. The oral
comment session will begin after the
presentations, and oral comments will
be limited to two (2) minutes each.
Written comments may be sent to
hydraulic.fracturing@epa.gov up to
fourteen (14) days after each meeting.
Information on hydraulic fracturing,
updates on the Study progress, and
stakeholder engagement events will be
posted to the following EPA Web site:
https://www.epa.gov/safewater/uic/
wells_hydrofrac.html.
Stakeholders interested in attending
the meetings are invited to pre-register
at the following Web site: https://
hfmeeting.cadmusweb.com, at least
three (3) days in advance. Preregistering for the meeting will allow
EPA to improve meeting planning.
Registered attendees requesting to make
an oral presentation will be placed on
the commenting schedule and receive a
time slot in which to give comments.
Time slots are limited and will be filled
on a first come first served basis.
Special Accommodations: Any person
needing special accommodations at the
public meetings, including wheelchair
access or sign language translator,
should contact Jill Dean by phone at
(202) 564–8241, by e-mail at
dean.jill@epa.gov or by mail at: Jill
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]]>Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Notices]
[Pages 35021-35023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14917]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OW-2008-0719, FRL-9164-9; EPA ICR No. 2060.04; OMB Control No.
2040-0257]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Information Collection Request for Cooling Water
Intake Structure Phase II Existing Facilities (Renewal)
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). This ICR is
scheduled to expire on August 31, 2010. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the information collection as described below.
DATES: Comments must be submitted on or before August 20, 2010.
ADDRESSES: Submit your comments, referencing docket ID No. EPA-HQ-OW-
2008-0719, 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 No. EPA-HQ-
OW-2008-0719, 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 No.
EPA-HQ-OW-2008-0719. 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 or otherwise protected through
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 https://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
[[Page 35022]]
(ID No. EPA-HQ-OW-2008-0719), 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 existing
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 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 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 (Renewal)
ICR Numbers: EPA ICR No. 2060.04, OMB Control No. 2040-0257.
ICR Status: This ICR is currently scheduled to expire on August 31,
2010. 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.
The 316(b) Phase II rule was signed on February 16, 2004. Industry
and environmental groups, and a number of States filed legal challenges
to the rule. Several issues were heard by the Second Circuit's Court of
Appeals, which issued a decision on January 25, 2007 remanding portions
of the rule (see Riverkeeper, Inc. v. U.S. EPA, No. 04-6692-ag(L) [2d
Cir. Jan. 25, 2007]). Industry groups also petitioned the Supreme Court
on several issues, which issued a decision on April 1, 2009. (Entergy
Corp. v. Riverkeeper, Inc., No. 07-588). EPA subsequently suspended the
316(b) Phase II rule on July 9, 2007 and is currently in the process of
developing a revised rule for existing facilities. However, permitting
authorities are still required under section 301 of the CWA to
establish BTA permit limits using best professional judgment. The
existing Phase II rule provides a framework for the type of information
a permit authority needs to establish appropriate BTA limits for CWISs.
This ICR does not address the results of court decisions or any
proposed regulation.
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
2,071 hours per respondent (i.e., an annual average of 977,293 hours of
burden divided among an anticipated annual average of 472 facilities).
The State Director reporting and record keeping burden for the review,
oversight, and administration of the rule is estimated to average 1,101
hours per respondent (i.e., an annual average of 46,228 hours of burden
divided among an anticipated 42 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
[[Page 35023]]
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
for the existing ICR, which is only briefly summarized here:
Estimated total number of potential respondents: 548 (506
facilities and 42 States).
Frequency of response: Bi-annually, every five years.
Estimated total average number of responses for each respondent: 9.
Estimated total annual burden hours: 1,023,521 hours.
Estimated total annual costs: $74,199,667. This includes an
estimated burden cost of $64,224,198 and an estimated cost of
$9,975,469 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. The currently approved ICR (EPA ICR
No. 2060.03) 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). This proposed ICR
covers renewal of permits only (years 7 to 9 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.
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: June 14, 2010.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 2010-14917 Filed 6-18-10; 8:45 am]
BILLING CODE 6560-50-P
