[Federal Register Volume 65, Number 179 (Thursday, September 14, 2000)]
[Notices]
[Pages 55522-55524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23650]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6868-4]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Aquatic Animal Production Industry Survey

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that EPA is planning to submit the 
following proposed Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Aquatic Animal Production Industry 
Survey (EPA ICR No. 1988.01). 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 November 13, 2000.

ADDRESSES: Comments may be mailed to Ms. Marta Jordan, U.S. EPA (4303) 
1200 Pennsylvania Ave., NW., Washington, DC 20460. Comments may also be 
submitted electronically to [email protected].

FOR FURTHER INFORMATION CONTACT: To request a copy of the ICR, 
including a draft of the survey, contact Ms. Marta Jordan at (202) 260-
0817.

SUPPLEMENTARY INFORMATION: Affected Entities: Entities potentially 
affected by this action include operators of aquatic animal production 
facilities within or that discharge to waters of the United States. The 
survey is intended to identify and collect data from aquatic animal 
production facilities that generate and discharge process wastewater 
associated with industrial activities. Aquatic animal production 
facilities (e.g., fish hatcheries or fish farms) are privately or 
publicly owned facilities that contain, grow or hold aquatic animals.
    Title: Aquatic Animal Production Industry Survey (EPA ICR No. 
1988.01).
    Abstract: EPA is planning to survey aquatic animal production 
facilities to collect the technical and economic information EPA will 
need to develop effluent limitations guidelines and standards. 
Currently, no nationally applicable effluent limitations guidelines and 
standards exist to regulate discharges from facilities in this 
industry. EPA will develop effluent regulations for this industry due, 
in part, to the widespread concern about excess nutrients and other 
chemicals entering the Nation's waters from animal production and 
feeding operations (both aquatic and land based).
    EPA is required by section 304(m) of the Clean Water Act, 33 U.S.C. 
1314(m), to identify categories of sources that discharge pollutants 
and to establish a schedule for establishing effluent limitations 
guidelines for these categories. EPA is also required by the terms of a 
Consent Decree with the Natural Resources Defense Council, Inc. (NRDC) 
to develop effluent limitations guidelines and standards for the 
aquatic animal production industry. NRDC v EPA, (D.D.C. Civ. No. 89-
2980, January 31, 1992, as modified). EPA is conducting the survey to 
collect the information EPA needs to respond to

[[Page 55523]]

these legislative and judicial requirements.
    EPA would issue this survey instrument under authority of section 
308 of the Clean Water Act, 33 U.S.C. 1318. Responses from survey 
recipients will be mandatory. EPA would mail the survey instrument to 
aquatic animal producers after OMB approves the ICR. The ICR submitted 
by EPA to OMB will include discussion of the comments received in 
response to today's notice. 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 proposed survey instrument is an important part of the effluent 
limitations guidelines development process. The proposed survey 
instrument will provide EPA with the technical and economic data 
necessary to evaluate effective pollution control technologies and the 
economic achievability of any final rule applicable to aquatic animal 
production facility discharges. Burden reduction suggestions should be 
mindful of EPA's need to collect information on the pollutants 
discharged by aquatic animal production facilities, the processes that 
generate pollutants, alternative controls, the economic achievability 
of proposed regulations, and the benefits derived from reducing 
pollution in our oceans, lakes, rivers, and streams. EPA will consider 
characteristics of the wastewater discharges, performance of the 
control technologies, including management practices and the 
affordability (economic achievability) by different segments (or 
subcategories) when making final decisions on requirements for 
controlling the discharges from the industry.
    Regulations governing the confidentiality of business information 
are contained in the Code of Federal Regulations (CFR) at Title 40 Part 
2, Subpart B. A survey respondent may submit a business confidentiality 
claim covering part or all of the response to this survey, other than 
effluent data, as described in 40 CFR 2.203 (b):
    (b) Method and time of asserting business confidentiality claim. A 
business which is submitting information to EPA may assert a business 
confidentiality claim covering the information by placing on (or 
attaching to) the information, at the time it is submitted to EPA, a 
cover sheet, stamped or typed legend, or other suitable form or company 
confidential. Allegedly, confidential portions of otherwise 
nonconfidential documents should be clearly identified by the business, 
and may be submitted separately to facilitate identification and 
handling by EPA. If the business desires confidential treatment only 
until a certain date or until the occurrence of a certain event, the 
notice should so state.
    If no business confidentiality claim accompanies the information 
when it is received by EPA, EPA may make the information available to 
the public without further notice.
    EPA developed the proposed survey instrument in a manner designed 
to reduce burden and improve clarity. EPA believes that the facilities 
potentially affected by this regulation can be adequately characterized 
by sending the survey to only a portion of facilities in the industry. 
EPA estimates mailing surveys to less than 500 facilities and would 
include facilities varying in size and ownership characteristics, 
(although this number may change before the survey is mailed as EPA 
refines its methodology for determining the portion of facilities, by 
segment of industry, to receive the survey). EPA distributed the draft 
survey in advance of this notice to the Joint Subcommittee on 
Aquaculture, Aquaculture Effluents Task Force (JSA/AETF), which 
includes representatives from industry trade associations, academia, 
and other interested stakeholders. EPA also conducted two conference 
calls with one of the major technical subgroups (economic technical 
subgroup) of the JSA/AETF to discuss the economic questions in the 
survey. To the extent possible, EPA incorporated comments and 
suggestions from these initial reviews into the current draft of the 
survey instrument. Finally, once EPA mails the survey instrument, EPA 
intends to maintain a temporary, toll-free number that survey 
recipients may call to obtain assistance in completing the survey. EPA 
believes that the toll-free telephone number should greatly reduce 
burden by helping recipients to answer specific questions within the 
context of their individual operations.
    The survey instrument will provide information to characterize 
current conditions in the aquatic animal production industry, which has 
grown and changed since 1977, when EPA proposed, but did not adopt, 
effluent limitations guidelines and standards for fish hatcheries and 
farms (which are included in the broader category of aquatic animal 
production facilities). EPA intends to supplement the survey responses 
with publicly available data, such as Dun and Bradstreet records and 
NPDES permitted facility data (Discharge Monitoring Reports). EPA also 
plans to use information from the 1998 USDA Aquaculture Census, to the 
extent possible.
    The EPA would like to solicit comments 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 the use of appropriate automated 
electronic, mechanical, or other information collection techniques, 
e.g., permitting electronic submission of responses.
    Burden Statement: 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. Burden 
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; to 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; to train personnel to be able to respond 
to a collection of information; to search data sources; to complete and 
review the collection of information; and to transmit or otherwise 
disclose the information.
    The EPA burden estimate on facilities is based on an estimated 500 
facilities completing the survey. EPA estimates that the total cost 
burden will be approximately $352,250 and the hour burden will be 
15,500 hours, as described in more detail in the tables below.

[[Page 55524]]



         Respondent Average Burden per Survey Response Activity
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                                                                Total
                                                              burden per
                    Respondent activity                        activity
                                                               (hours)
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Read Instructions..........................................            5
Gather Information/Data....................................           11
Complete Survey Form.......................................            8
Review Survey Responses....................................            7
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      All Activities.......................................           31
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                               Collection of Aquatic Animal Production Facilities Data, Total Respondent Burden and Costs
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                                                                                           Average
                                                                 Average                 labor costs               Average O&M
                                                                burden per     Totabl        per      Total labor   costs per    Total O&M   Total costs
                  Total number of responses                       burden     burden (in   respondent   costs (in    respondent   costs (in       (in
                                                                respondent     hours)        (in        dollars)       (in        dollars)     dollars)
                                                                (in hours)                 dollars)                  dollars)
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500..........................................................           31       15,500         $694     $347,000       $10.50       $5,250     $352,250
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    In addition, EPA solicits comments and suggestions regarding the 
substance and form of the draft survey instrument. For example, EPA 
solicts comment on whether the directions and questions are clear and 
concise; whether the definitions are consistent with the industry's use 
of terms; whether the right questions are contained in the survey (if 
not, please suggest more appropriate ones); whether the questions 
adequately cover all pertinent factors relevant to developing equitable 
guidelines (if not, what needs to be added?). EPA is also soliciting 
survey instrument. For example, EPA solicits comment on whether the 
directions and questions are clear and concise; whether the definitions 
are consistent with the industry's use of terms; whether the right 
questions are contained in the survey (if not, please suggest more 
appropriate ones); whether the questions adequately cover all pertinent 
factors relevant to developing equitable guidelines (if not, what needs 
to be added?) EPA is also soliciting comments on means of reducing the 
data collection burden.

    Dated: August 31, 2000.
Geoffrey H. Grubbs,
Director, Office of Science and Technology.
[FR Doc. 00-23650 Filed 9-13-00; 8:45 am]
BILLING CODE 6560-50-P