Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Cooling Water Intake Structure Phase II Existing Facilities (Renewal), Cooling Water Intake Structures at Phase III Facilities (Renewal), and NPDES Animal Sectors (Renewal), 2825-2826 [2014-00726]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 11 (Thursday, January 16, 2014)]
[Notices]
[Pages 2825-2826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00726]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0719, FRL 9904-77-OEI]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Cooling Water Intake Structure 
Phase II Existing Facilities (Renewal), Cooling Water Intake Structures 
at Phase III Facilities (Renewal), and NPDES Animal Sectors (Renewal)

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that three Information 
Collection Requests (ICRs) have been forwarded to the Office of 
Management and Budget (OMB) for review and approval. This is a request 
to renew three existing approved collections, which are currently 
approved through January 31, 2014. Public comments were previously 
requested via the Federal Register (78 FR 57150) on September 17, 2013 
during a 60-day comment period. This notice allows for an additional 30 
days for public comments. A fuller description of the ICRs are given 
below, including their estimated burden and cost to the public. An 
Agency may not conduct or sponsor and a person is not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.

DATES: Additional comments may be submitted on or before February 18, 
2014.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OW-
2008-0719, to (1) EPA online using www.regulations.gov (our preferred 
method), by email to ow-docket@epa.gov, or by mail to: Water Docket, 
Environmental Protection Agency, Mail Code: 28221T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460 and (2) OMB by email to: oira_submission@omb.eop.gov.

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: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit https://www.epa.gov/dockets.

A. List of ICRs Submitted

    (1) Cooling Water Intake Structure Phase II Existing Facilities 
(Renewal), EPA ICR No. 2060.06, OMB Control No. 2040-0257; expiration 
date 01/31/2014.
    (2) Cooling Water Intake Structures at Phase III Facilities 
(Renewal), EPA ICR No. 2169.05, OMB Control No. 2040-0268, expiration 
date 01/31/2014.
    (3) NPDES Animal Sectors (Renewal); EPA ICR No. 1989.09; OMB 
Control No. 2040-0250, expiration date 01/31/2014.

B. Individual ICRS:

    (1) Cooling Water Intake Structure Phase II Existing Facilities 
(Renewal)
    EPA ICR Number: 2060.06
    OMB Control Number: 2040-0257
    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

[[Page 2826]]

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.
    Respondents/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.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 514 (472 facilities and 42 
States).
    Frequency of response: Every five years, bi-annually, monthly.
    Total estimated burden: 1,010,021 (965,509 for facilities and 
44,513 for States). Burden is defined at 5 CFR 1320.03(b).
    Total estimated cost: $59,478,339. This includes an estimated 
burden cost of $48,890,325 and an estimated cost of $10,588,074 for 
capital investment or maintenance and operational costs.
    Changes in the Estimates: There is a decrease of 13,500 (1%) hours 
in the total estimated respondent burden compared with that identified 
in the ICR currently approved by OMB. This marginal change is due to 
the variations of the compliance schedule from year to year.
(2) Cooling Water Intake Structures at Phase III Facilities (Renewal)
    EPA ICR Number: 2169.05.
    OMB Control Number: 2040-0268.
    Abstract: The Section 316(b) regulations for Phase III facilities 
(71 FR 35,006; June 16, 2006) require the collection of information 
from new offshore oil and gas extraction facilities which use a cooling 
water intake structure(s) that uses at least 25 percent of the water it 
withdraws for cooling purposes, and has a design intake flow greater 
than two (2) million gallons per day (MGD). Section 316(b) of the 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 cooling water intake structure(s) 
at that facility reflect the best technology available for minimizing 
adverse environmental impact. Such impact occurs as a result of 
impingement (where fish and other aquatic life are trapped on 
structural components at the entrance to cooling water intake 
structures) 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 
rule contains requirements applicable to the location, design, 
construction, and capacity of cooling water intake structures at new 
offshore oil and gas extraction facilities. These requirements seek to 
establish the best technology available for minimizing adverse 
environmental impact associated with the use of cooling water intake 
structure(s).
    Respondents/affected entities: Entities potentially affected by 
this action include new offshore oil and gas extraction facilities 
meeting the applicability criteria of the 316(b) Phase III Facilities 
at 40 CFR 125.131.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 61 facilities.
    Frequency of response: Every five years, annual, monthly.
    Total estimated burden: 56,755 hours (per year). Burden is defined 
at 5 CFR 1320.03(b).
    Total estimated cost: $3,754,793. This includes an estimated labor 
burden cost of $2,795,603 and an estimated cost of $959,190 for capital 
investment or maintenance and operational costs.
    Changes in the Estimates: There is an increase of 22,675 hours in 
burden from the ICR currently approved by OMB. The change in burden is 
mainly the result of the increase in the number of facilities 
performing recurring activities, as well as facilities shifting from 
the initial approval period to the permit implementation and renewal 
period of the Section 316(b) Phase III rule.
(3) NPDES Animal Sectors (Renewal)
    EPA ICR Number: 1989.09.
    OMB Control Number: 2040-0250.
    Abstract: This ICR covers the information collection burden imposed 
under the NPDES and Effluent Limitations Guidelines (ELG) regulations 
for Concentrated Animal Feeding Operations (CAFO) and Concentrated 
Aquatic Animal Production (CAAP) facilities.
    On July 30, 2012, EPA published its most recent revisions to the 
NPDES CAFO regulations (77 FR 44494). These revisions were necessary as 
a result of a court decision in 2011 by the United States Court of 
Appeals for the Fifth Circuit in litigation relating to the NPDES CAFO 
permitting program (National Pork Producers Council v. EPA, 635 F.3d 
738, 756 (5th Cir. 2011)). Although the decision narrowed the scope of 
CAFOs that need to seek NPDES permit coverage, the Effluent Limitations 
Guidelines for CAFOs and other aspects of the permitting program remain 
unchanged. As a consequence, the recordkeeping and reporting 
requirements faced by those CAFOs that do seek NPDES permit coverage 
were not affected.
    The Effluent Limitations Guidelines and Standards for the 
Concentrated Aquatic Animal Production (CAAP) Point Source Category 
establish specific reporting requirements for a portion of CAAP 
facilities through NPDES permits. The rule covers facilities which are 
defined as CAAP facilities (see 40 CFR 122.24 and 40 CFR Part 122) and 
produce at least 100,000 pounds of fish per year in flow through, 
recirculating and net pen systems. The special reporting and record-
keeping requirements under the rule are the subject of this ICR. CAAP 
facility owners or operators are also required to file reports with the 
permitting authority when drugs with special approvals are applied to 
the production units or a failure in the structural integrity occurs in 
the aquatic animal containment system.
    Respondents/affected entities: Entities potentially affected by 
this action are concentrated animal feeding operations (CAFOs) as 
specified in section 502(14) of the CWA, 33 U.S.C. 1362(14) and defined 
in the NPDES regulations at 40 CFR 122.23 and a subset of facilities 
engaged in aquatic animal production defined in 40 CFR part 451.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 20,961 (20,915 facilities and 46 
States).
    Frequency of response: varies from once to ongoing.
    Total estimated burden: 3,136,799 hours (per year). Burden is 
defined at 5 CFR 1320.03(b).
    Estimated total annual costs: $70,924,281. This includes an 
estimated cost of $8,607,000 for capital investment or maintenance and 
operational costs.
    Changes in the estimates: This updated ICR estimates a total burden 
that is 136,879 hours less (4.2%) than the currently approved amount. 
This is due primarily to the court decision mentioned previously, which 
reduced the number of CAFOs that need to seek NPDES permit coverage.

John Moses,
Director, Collection Strategies Division.
[FR Doc. 2014-00726 Filed 1-15-14; 8:45 am]
BILLING CODE 6560-50-P