[Federal Register Volume 63, Number 220 (Monday, November 16, 1998)]
[Notices]
[Pages 63727-63728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30598]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6189-1]


Agency Information Collection Activities: Second Submission for 
OMB Review; Comment Request; Collection of Data from Industries with 
Cooling Water Intake Structures (EPA ICR No. 1828.02)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with the Paperwork Reduction Act (``PRA'') (44 
U.S.C. 3501, et seq.), this document announces the resubmission of the 
following Information Collection Request (ICR) to the Office of 
Management and Budget (OMB) for review and approval: Industry Screener 
Questionnaire: Phase I Cooling Water Intake Structures (EPA ICR number 
1828.02). This resubmission responds to OMB's disapproval on September 
21, 1998 of EPA ICR No. 1828.01, a prior version of this Information 
Collection Request. In its statement disapproving ICR number 1828.01, 
OMB directed EPA, among other things, to document that the information 
to be collected is necessary for the proper performance of the 
functions of the Agency, including the practical utility of the 
information being collected. The Disapproval Statement also raised 
issues concerning the burdensomeness of the screener questionnaire 
itself. As explained below, EPA believes that this resubmission 
addresses OMB's objections to the first ICR. EPA has revised the 
screener questionnaire since its first submission to OMB, resulting in 
a 40 hour reduction (from 50 to 10 hours) in the estimated time 
required to complete the screener. The ICR describes the information 
collection activities and their expected need (including practical 
utility), burden and cost. It also describes the collection methodology 
that EPA will use to distribute the data collection instrument and 
includes the revised data collection instrument.

DATES: Comments must be submitted on or before December 16, 1998.

FOR FURTHER INFORMATION CONTACT: Contact Sandy Farmer by phone at (202) 
260-2740, e-mail at [email protected] or download off the 
Internet at http://www.epa.gov/icr. In all requests, refer to EPA ICR 
No. 1828.02. The References cited in the ICR are located in the Water 
Docket under docket number W-98-25-I. The references are available for 
inspection from 9 to 4 p.m., Monday through Friday, excluding legal 
holidays at the Water Docket, EB 57, USEPA Headquarters, 401 M., 
Washington, D.C. For access to docket materials, please call (202) 260-
3027 to schedule an appointment.

SUPPLEMENTARY INFORMATION:
    Title: Industry Screener Questionnaire: Phase I Cooling Water 
Intake Structures (EPA ICR No. 1828.02). This is a new collection.
    Abstract: As EPA explained in a Federal Register notice on May 8, 
1998, announcing the submission of ICR No. 1828.01 (63 FR 25473), the 
Agency is currently developing regulations under section 316(b) of the 
Clean Water Act (``CWA''), 33 U.S.C. section 1326(b). Section 316(b) 
provides that any standard established pursuant to sections 301 or 306 
of the Clean Water Act and applicable to a point source shall require 
that the location, design, construction, and capacity of cooling water 
intake structures reflect the best technology available (BTA) for 
minimizing adverse environmental impact. The intent is to minimize the 
impingement and entrainment of fish and other aquatic organisms as they 
are drawn into a facility's cooling water intake. A consent decree in a 
lawsuit against the Agency brought by a coalition of environmental 
groups establishes a seven year schedule for EPA to propose and take 
final action with respect to regulations addressing impacts from 
cooling water intake structures. Cronin v. Reilly, United States 
District Court for the Southern District of New York, 93 Civ. 0314 
(AGS)(Consent Decree entered October 10, 1995).
    This resubmission addresses questions raised by OMB regarding the 
compliance of ICR No. 1828.01 with the requirements of the PRA and its 
implementing regulations. In its

[[Page 63728]]

Disapproval Statement, OMB stated that EPA had not established that the 
information to be collected is necessary for the proper performance of 
the Agency's functions, including that it will have practical utility, 
as required by 5 CFR 1320.9(a). OMB directed EPA to provide evidence 
that: (1) ``significant adverse environmental impacts are occurring as 
a result of cooling water intake structures;'' (2) ``point sources are 
not currently using best technology available to minimize such 
impacts;'' and (3) ``a national regulatory approach of the type this 
information collection is designed to support would be more effective 
at implementing the statutory requirements than the current approach 
relying on site specific information, best professional judgement of 
NPDES permit writers, and state regulations tailored to meet local 
conditions and concerns.''
    As detailed in section 2(b) of the ICR, the resubmission provides 
further information regarding adverse environmental impacts from 
cooling water intake structures, more fully explains EPA's need for 
information on the types of technologies that may qualify as BTA, and 
provides further documentation of the need for a national regulatory 
approach. EPA is specifically requesting comment on the practical 
utility of the information being collected in the revised screener 
questionnaire.
    The revised screener questionnaire contains scoping and stratifying 
questions. EPA intends to use data from the scoping questions to 
determine what facilities are potentially subject to section 316(b). 
EPA intends to use data from stratifying questions to support the 
development of the sample frame for a detailed industry questionnaire 
that will follow the screener. The screener questionnaire collects 
information on such topics as cooling water use within industry groups; 
cooling water intake structure location, design configurations, 
construction, and capacity; and types of intake water sources. EPA also 
is collecting some basic economic data at the facility and firm level 
(e.g., total revenue, number of employees) that will enable the Agency 
to ensure representation of a broad variety of facility and firm sizes 
in the sample frame for the detailed questionnaire. The detailed 
questionnaire will seek more detailed information on the use of cooling 
water by individual facilities and other important engineering and 
environmental data.
    EPA has the authority to collect this information under section 308 
of the CWA (33 U.S.C. section 1318). All recipients of the screener 
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 Federal Register 
document required under 5 CFR 1320.8(d), soliciting comments on the 
screener questionnaire under ICR No. 1828.01 was published on September 
18, 1997 (62 FR 49007). EPA received six sets of comments (75 comments 
in all). EPA's response to these comments are presented in Attachment 5 
of the ICR. A notice announcing that EPA had sent the ICR to OMB for 
review and approval was published on May 8, 1998 (63 FR 25473). EPA 
only received one comment letter. The letter came from a public 
utility; however, the request did not seek information from public 
utilities.
    Burden Statement: The annual public reporting and record keeping 
burden for this collection of information is estimated to average 10 
hours per response. EPA has reduced the burden of the screener 
questionnaire to 10 hours from 50 hours by significantly reducing the 
scope and number of questions in the screener. More specifically, EPA 
has modified or removed all questions except those needed to help EPA 
determine the subset of in-scope facilities that will receive the 
detailed industry questionnaire in the future. In particular, EPA has 
reduced the burden of the question requesting cooling water flow rates 
(Question 11) by limiting the amount of data sought to one 
representative year, instead of five years, and by allowing estimates 
based on best engineering judgement where exact data are not readily 
available. Question 11 was considered to be the most burdensome 
question in the screener questionnaire. EPA has included definitions of 
key terms in the body of the questionnaire and also has included a 
glossary at the end of the questionnaire. This lengthens the 
questionnaire considerably, but also helps ensure that the questions 
are clear and are interpreted consistently by respondents. EPA is 
specifically seeking comment on whether the inclusion of these 
definitions both within the text of the questionnaire and in a glossary 
is helpful or adds to the screener's burden. 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.
    Respondents/Affected Entities: Nonutility Power Producers (SIC 49 
and all other Industrial Self-Generators), Paper and Allied Products 
(SIC 2611, 2621, and 2631), Chemical and Allied Products (SIC 28 except 
2895, 2893, 2851, and 2879), Petroleum and Coal Products (SIC 2911), 
and Primary Metals (SIC 3312, 3315, 3316, 3317, 3353, 3363, 3365, and 
3366).
    Estimated number of respondents: 2,600.
    Frequency of Response: This is a one time collection.
    Estimated total Annual Hour Burden: 25,870 hours.
    Estimated total annualized cost burden: $8,000.
    Because the screener questionnaire is now shorter and less 
burdensome, EPA has shortened the response time from 60 to 45 days.
    Send comments on the Agency's need for this information, the 
accuracy of the burden estimates, and any suggested methods for 
minimizing respondent burden (including the use of automated collection 
techniques) to the following addresses. Please refer to EPA ICR No. 
1828.02 in any correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, OP Regulatory 
Information Division (2137), 401 M Street, SW, Washington, DC 20460;
      and
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for EPA, 725 17th Street, NW, 
Washington, DC 20503.

    Dated: November 10, 1998.
Richard T. Westlund,
Acting Director, Regulatory Information Division.
[FR Doc. 98-30598 Filed 11-13-98; 8:45 am]
BILLING CODE 6560-50-P