[Federal Register Volume 63, Number 16 (Monday, January 26, 1998)]
[Notices]
[Pages 3738-3741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1760]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5953-8]


Notice of Information Collection Activities; Detailed Industry 
Questionnaire: Phase II Cooling Water Intake Structures

AGENCY: Environmental Protection Agency.

ACTION: Notice of information collection activities.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C.

[[Page 3739]]

3501 et seq.), this document announces that the United States 
Environmental Protection Agency (EPA) is planning to seek approval from 
the Office of Management and Budget (OMB) to administer an information 
collection request (ICR) entitled ``Detailed Industry Questionnaire: 
Phase II Cooling Water Intake Structures,'' EPA ICR 1838.01. Before the 
Agency submits the proposed ICR to OMB for review and approval, EPA is 
soliciting comments from the public, as described below, on the 
specific aspects of the Detailed Industry Questionnaire (Phase II) for 
facilities potentially subject to section 316(b) of the Clean Water 
Act, 33 U.S.C. 1326(b).

DATES: Comments and requests for information must be received by EPA no 
later than March 27, 1998.

ADDRESSES: Address comments on the draft Detailed questionnaire to Ms. 
Deborah G. Nagle, U.S. EPA, Engineering and Analysis Division, Mail 
Code (4303), Office of Science and Technology, 401 M Street S.W., 
Washington, DC 20460. EPA will also accept comments electronically. The 
E-mail address for comments is ``[email protected].'' 
Electronic comments must include the sender's name, address, and 
telephone number. There are five versions of the detailed 
questionnaire, which primarily reflect the diversity of industries from 
an economic viewpoint. They are: (1) Publicly Owned Utilities; (2) 
Major Privately Owned Electric Utilities; (3) Rural Electric 
Cooperatives; (4) Nonutility Power Producers; and (5) Manufacturers. A 
copy of each proposed detailed questionnaire can be obtained from the 
Internet at ``http://www.epa.gov/owm/new.htm.'' You must use ADOBE 
ACROBAT READER to read the document; the document is a PDF file. If you 
do not have Internet access, you may obtain a copy of the detailed 
questionnaire by sending a FAX to Deborah Nagle at (202) 260-7185 (be 
sure to identify the specific questionnaire of interest). The draft 
questionnaire that is being made available includes all pertinent 
instructions, information request questions, and definitions.

SUPPLEMENTARY INFORMATION:
    Affected Entities: Entities potentially affected by this action are 
those which are subject to section 316(b) of the Clean Water Act. These 
entities include, among others, facilities in the following industry 
sectors: Utility Steam Electric Generation; Nonutility Steam Power 
Producers; Paper and Allied Products; Chemical and Allied Products; 
Petroleum and Coal Products; and Primary Metals. EPA also intends to 
collect information related to the regulatory burden of implementing 
final section 316(b) regulation on state governmental authorities that 
are responsible for issuing National Pollutant Discharge Elimination 
System permits. Impacts on these state government entities could 
include either increased costs as a result of additional efforts needed 
to implement a final section 316(b) rule or cost savings realized from 
using final section 316(b) regulations instead of facility-specific 
best professional judgment to establish permit requirements.
    Title: Detailed Industry Questionnaire: Phase II Cooling Water 
Intake Structures.
    Abstract: The U.S. Environmental Protection Agency (EPA) is 
currently developing regulations under section 316(b) of the Clean 
Water Act, 33 U.S.C. 1326(b). Section 316(b) provides that any standard 
established pursuant to section 301 or 306 of the Clean Water Act (CWA) 
and applicable to a point source shall require that the location, 
design, construction, and capacity of cooling water intake structures 
shall reflect the best technology available (BTA) for minimizing 
adverse environmental impact.
    Such impacts occur as a result of impingement (where fish and other 
aquatic life are trapped in cooling water intake screens) and 
entrainment (where aquatic organisms, eggs and larvae are sucked into 
the cooling system, through the heat exchanger, and then pumped back 
out). As the result of a lawsuit by a coalition of environmental groups 
headed by the Hudson Riverkeeper (Cronin, et al. v. Reilly, 93 Civ. 
0314 (AGS)), the United States District Court, Southern District of New 
York entered a Consent Decree on October 10, 1995. The Consent Decree 
established a seven-year schedule for EPA to take final action with 
respect to regulations addressing impacts from cooling water intake 
structures.
    To ensure that the regulations are based upon accurate information, 
EPA is conducting a variety of data-gathering activities. The detailed 
questionnaire represents one mechanism through which EPA is gathering 
background technical and cost data on cooling water intake structures. 
The proposed survey instrument will provide EPA with preliminary 
technical and economic data needed to help quantify the adverse 
environmental impacts from cooling water structures, evaluate the 
efficacy of control technologies, and determine the economic 
reasonableness of the final rule.
    EPA has designed the detailed questionnaire to collect information 
on such topics as cooling water use within industry groups; cooling 
water intake structure location, design configurations, construction, 
and capacity; and other cooling water intake structure impingement and 
entrainment control technologies. These data will enable EPA to 
characterize cooling water intake structure operations across industry. 
The Agency is also collecting data on the types of intake water sources 
and environmental assessment data associated with cooling water intake 
structures. The Agency does not intend to rely completely on the 
environmental data collected through the proposed questionnaire to 
assess adverse environmental impacts (impingement and entrainment) or 
BTA efficacy. The Agency's intent is to use the environmental 
assessment data and BTA data from the questionnaire, in part, to 
identify potential facilities for on site sampling and analysis in 
order to collect more in depth data on adverse environmental impacts 
and BTA efficacy. Lastly, EPA is requesting facility and firm level 
economic data. These economic data will enable EPA to consider cooling 
water use across a broad variety of facility and firm sizes. The 
economic data will also enable EPA to carry out required economic 
analyses, including a Regulatory Impact Analysis (RIA), and 
requirements of the Small Business Regulatory Enforcement Fairness Act 
(SBREFA). EPA will consider both technical and economic factors when 
developing the final regulations.
    The Agency has divided the potentially affected entities into five 
groups: (1) Publicly Owned Utilities; (2) Major Privately Owned 
Electric Utilities; (3) Rural Electric Cooperatives; (4) Nonutility 
Power Producers; and (5) Manufacturers. The first three groups 
(Publicly Owned Utilities, Major Privately Owned Electric Utilities, 
and Rural Electric Cooperatives) are collectively categorized as 
Electric Utilities. To help determine which questionnaire a facility 
may be required to complete, the two tables below describe, for the 
purposes of this questionnaire, the major distinguishing 
characteristics of each group. Table 1 differentiates between Electric 
Utilities, Nonutility Power Producers, and Manufacturers. If a facility 
is classified as an Electric Utility, table 2 is used to further 
classify the facility as a Publicly Owned Utility, Major Privately 
Owned Electric Utility, or Rural Electric Cooperative.

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             Table 1.--Electric Utility, Nonutility Power Producer, and Manufacturer Characteristics            
----------------------------------------------------------------------------------------------------------------
                         Primary category                                      Major characteristics            
----------------------------------------------------------------------------------------------------------------
(1) Electric Utility.............................................   A corporation, person, agency,      
                                                                    authority, or other legal entity or         
                                                                    instrumentality that owns and/or operates   
                                                                    facilities for the generation, transmission,
                                                                    distribution, or sale of electric energy    
                                                                    primarily for use by the public.            
                                                                    Files forms listed in the Code of   
                                                                    Federal Regulations, Title 18, Part 141.    
(2) Nonutility Power Producers...................................   A corporation, person, agency,      
                                                                    authority, or other legal entity or         
                                                                    instrumentality that owns electric          
                                                                    generating capacity and is not an electric  
                                                                    utility.                                    
                                                                    Includes FERC (Federal Energy       
                                                                    Regulatory Commission) Qualifying           
                                                                    Cogenerators, FERC Qualifying Small Power   
                                                                    Producers, and Other Nonutility Generators  
                                                                    (including Independent Power Producers)     
                                                                    without a designated franchised service     
                                                                    area.                                       
                                                                    Does not file forms listed in the   
                                                                    Code of Federal Regulations, Title 18, Part 
                                                                    141.                                        
(3) Manufacturers................................................   All other industrial facilities     
                                                                    which do not qualify as an Electric Utility 
                                                                    or Nonutility Power Producer as defined     
                                                                    above.                                      
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              Table 2.--Utility Subcategory Characteristics             
------------------------------------------------------------------------
                                                            Major       
                Utility subcategory                    characteristics  
------------------------------------------------------------------------
(1) Major Privately Owned Electric Utility........   Earns a    
                                                     return for         
                                                     investors; either  
                                                     distribute their   
                                                     profits to stock   
                                                     holders as         
                                                     dividends or       
                                                     reinvest the       
                                                     profits.           
                                                     Is granted 
                                                     service monopoly in
                                                     certain geographic 
                                                     areas.             
                                                     Is         
                                                     regulated by State 
                                                     and sometimes      
                                                     Federal            
                                                     governments, which 
                                                     in turn approve    
                                                     rates that allow a 
                                                     fair rate of return
                                                     on investment.     
                                                     Most are   
                                                     operating companies
                                                     that provide basic 
                                                     services for       
                                                     generation,        
                                                     transmission, and  
                                                     distribution.      
(2) Publicly Owned Electric Utility...............   Ownership  
                                                     is Federal, State, 
                                                     or local agencies  
                                                     (e.g., Federal     
                                                     Authorities,       
                                                     Municipals, Public 
                                                     Power Districts,   
                                                     State Authorities, 
                                                     Irrigation         
                                                     Districts).        
                                                     Power not  
                                                     generated for      
                                                     profit.            
                                                     Serves at  
                                                     cost; return excess
                                                     funds to the       
                                                     consumers in the   
                                                     form of community  
                                                     contributions,     
                                                     economic and       
                                                     efficient          
                                                     facilities, and    
                                                     reduced rates.     
(3) Rural Electric Cooperatives...................   Owned by   
                                                     members (small     
                                                     rural farms and    
                                                     communities).      
                                                     Provides   
                                                     service mostly to  
                                                     members only.      
                                                     Incorporate
                                                     d under State law  
                                                     and directed by an 
                                                     elected board of   
                                                     directors which, in
                                                     turn, selects a    
                                                     manager.           
------------------------------------------------------------------------

    The detailed questionnaire will be administered under authority of 
section 308 of the Clean Water Act, 33 U.S.C. 1318; therefore, all 
recipients of the detailed questionnaire are required to complete and 
return the questionnaire to EPA. The survey instrument will be mailed 
after OMB approves the ICR. 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. The ICR that EPA intends to submit to OMB will 
include a discussion of the comments on the proposed detailed 
questionnaire that EPA has received to date and the comments received 
as the result of today's announcement. EPA solicits comment on all 
aspects of the detailed questionnaire, and specifically solicits 
comment on the following information collection functional areas:
    (i) whether the proposed detailed questionnaire is necessary for 
the proper performance of the functions of the Agency, including 
whether the information will have practical utility;
    (ii) the accuracy of the Agency's estimate of the burden of the 
proposed detailed questionnaire, including the validity of the 
methodology and assumptions used;
    (iii) the detailed questionnaire's quality, utility, and clarity; 
and
    (iv) minimization of the burden of the detailed questionnaire on 
those who are to respond, including through the use of appropriate 
automated electronic, mechanical, or other technology collection 
techniques or other forms of information technology collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    Burden Statement: The total national burden estimate for all parts 
of this detailed questionnaire is 272,800 hours. The burden estimates 
are based on EPA administering 1,705 detailed questionnaires. The 
Agency intends to conduct a census of the facilities within the 
Electric Utility category (this group did not receive a screener 
questionnaire), and to select a statistically valid sample of the 
nonutility power producers and manufacturers that received the screener 
questionnaire. The Agency anticipates administering the detailed 
questionnaire to 905 electric utility facilities, 500 nonutility power 
producer facilities, and 300 manufacturers. EPA estimates that each 
facility will require, on the average, 160 hours to complete the 
detailed questionnaire. 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.
    In developing the detailed questionnaire, EPA conducted a program 
of outreach to industry and other government entities with the 
objective of minimizing reporting burdens. The outreach program 
included distribution of the draft

[[Page 3741]]

detailed questionnaire to industry associations and environmental 
groups plus a meeting to discuss comments. EPA also made presentations 
at many professional and industry association meetings. The following 
are the industry associations that participated in the EPA outreach 
program: Utility Water Act Group, American Forest and Paper 
Association, American Iron and Steel Institute, American Petroleum 
Institute, Chemical Manufacturers Association, and Edison Electric 
Institute. EPA also requested comments on the detailed questionnaire 
from the Electric Power Research Institute. Environmental group 
outreach included the Hudson Riverkeeper, the New York and New Jersey 
Baykeeper and other interested environmental group representatives. 
Based on comments received from these early outreach activities, EPA 
decided to first administer a screener questionnaire (except to 
electric utilities) followed by a detailed questionnaire. The screener 
is designed to assist EPA in selecting an appropriate sample of 
facilities that employ cooling water intake structures to receive the 
detailed technical questionnaire. Electric utilities will not receive a 
screener questionnaire because of the large volume of publicly 
available data.
    The Agency has coordinated extensively with the Energy Information 
Association (EIA) to determine what pertinent information is publicly 
available. EPA does not intend to request, in the detailed 
questionnaire, information that is publicly available. For that reason, 
the Agency has greatly reduced the financial and economic information 
burden on the electric utilities. The majority of the information EIA 
collects from nonutility power producers is confidential business 
information not available to EPA.
    EPA significantly lowered the burden to industry by systematically 
reducing the number of industrial facilities to receive the detailed 
questionnaire from a possible 412,000 facilities to about 1,700 
facilities. Based on water intake and cooling water use from the 1982 
Census of Manufacturers, EPA identified six industrial sectors to 
receive the screener or the detailed questionnaire or both. These six 
industrial sectors are: Electric Utilities, Nonutility Power Producers, 
Chemicals & Allied Products, Primary Metals Industry, Petroleum & Coal 
Products, and Paper & Allied Products. Together, EPA estimates that 
these six sectors account for more than 99 percent of all cooling water 
withdrawals and include about 50,000 facilities. EPA limited the sample 
frame for electric utilities and nonutility power producers to only 
those facilities that have a prime mover which utilizes a steam cycle 
operation (a steam cycle operation requires cooling water). EPA also 
limited data collection to industrial subcategories which documented 
significant cooling water use, thereby further reducing the potential 
number of facilities to be surveyed to about 7,515. To help further 
refine the sample frame for the detailed questionnaire, EPA decided to 
administer a screener survey to five of the six industrial sectors 
(excluding electric utility). The Agency anticipates administering the 
screener to approximately 6,700 facilities. As stated earlier, EPA 
expects to administer the detailed survey to approximately 1,705 
facilities. Limiting the survey sample frame as described above is not 
intended to limit the scope or applicability of the section 316(b) 
regulation.
    Finally, EPA will maintain a temporary, no-charge telephone number 
that survey recipients may call to obtain assistance in completing the 
data collection surveys. EPA believes that the no-charge telephone 
number will greatly reduce burden by helping recipients to answer 
specific questions within the context of their individual operations.

    Dated: January 19, 1998.
Tudor T. Davies,
Director, Office of Science and Technology.
[FR Doc. 98-1760 Filed 1-23-98; 8:45 am]
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