[Federal Register Volume 67, Number 248 (Thursday, December 26, 2002)]
[Proposed Rules]
[Pages 78956-78958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32611]



  Federal Register / Vol. 67, No. 248 / Thursday, December 26, 2002 / 
Proposed Rules  

[[Page 78956]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 125

[FRL-7430-3]


National Pollutant Discharge Elimination System--Amendment of 
Final Regulations Addressing Cooling Water Intake Structures for New 
Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing minor changes to EPA's final rule 
implementing section 316(b) of the Clean Water Act (CWA) for new 
facilities that use water withdrawn from rivers, streams, lakes, 
reservoirs, estuaries, oceans or other waters of the United States for 
cooling purposes published December 18, 2001. The December 2001 rule 
established national technology-based performance requirements 
applicable to the location, design, construction, and capacity of 
cooling water intake structures at new facilities. The national 
requirements establish the best technology available for minimizing 
adverse environmental impact associated with the use of these 
structures. EPA is proposing several minor changes to the December 2001 
rule because, in several instances, the Phase I final rule text does 
not reflect the Agency's intent.

DATES: Written comments must be received by January 27, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I.B. of the SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: Martha Segall, USEPA Office of Water 
by phone at (202) 566-1041 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Regulated Entities

    This proposed rule applies to new greenfield and stand-alone 
facilities that use cooling water intake structures to withdraw water 
from waters of the U.S. and that have or require a National Pollutant 
Discharge Elimination System (NPDES) permit issued under section 402 of 
the CWA. New facilities subject to this regulation would include those 
that have a design intake flow of greater than two (2) million gallons 
per day (MGD) and that use at least twenty-five (25) percent of water 
withdrawn for cooling purposes. Today's proposed rule would not apply 
to existing facilities, major modifications to existing facilities that 
would be ``new sources'' under 40 CFR 122.29(b) as that term is used in 
the effluent guidelines and standards program, or facilities that 
employ cooling water intake structures in the offshore oil and gas 
extraction point source category as defined under 40 CFR 435.10 and 40 
CFR 435.40.
    The following table is not intended to be exhaustive; rather, it 
provides a guide for readers regarding entities likely to be regulated 
by this action. The table lists the types of entities that EPA is now 
aware could potentially be regulated by this action. Other types of 
entities not listed in the table could also be regulated. To determine 
whether your facility would be regulated by this action, you should 
carefully examine the applicability criteria at 40 CFR 125.81. If you 
have questions about the applicability of this action to a particular 
entity, consult the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

----------------------------------------------------------------------------------------------------------------
                                                                  Standard
                                                                 Industrial      North American Industry Codes
          Category            Examples of Regulated Entities   Classification                (NAIC)
                                                                   Codes
----------------------------------------------------------------------------------------------------------------
Federal, State and Local      Operators of steam electric     4911 and 493...  221111, 221112, 221113, 221119,
 Government.                   generating point source                          221121, 221122, 221111, 221112,
                               dischargers that employ                          221113, 221119, 221121, 221122
                               cooling water intake
                               structures.
Industry....................  Operators of industrial point   See below......  See below
                               source dischargers that
                               employ cooling water intake
                               structures.
                              Steam electric generating.....  4911 and 493...  221111, 221112, 221113, 221119,
                                                                                221121, 221122, 221111, 221112,
                                                                                221113, 221119, 221121, 221122
                              Agricultural production.......  0133...........  111991, 11193
                              Metal mining..................  1011...........  21221
                              Oil and gas extraction          1311, 1321.....  211111, 211112
                               (Excluding offshore and
                               coastal subcategories).
                              Mining and quarrying of         1474...........  212391
                               nonmetallic minerals.
                              Food and kindred products.....  2046, 2061,      311221, 311311, 311312, 311313,
                                                               2062, 2063,      311222, 311225, 31214
                                                               2075, 2085.
                              Tobacco products..............  2141...........  312229, 31221
                              Textile mill products.........  2211...........  31321
                              Lumber and wood products,       2415, 2421,      321912, 321113, 321918, 321999,
                               except furniture.               2436, 2493.      321212, 321219
                              Paper and allied products.....  2611, 2621,      3221, 322121, 32213, 322121,
                                                               2631, 2676.      322122, 32213, 322291
                              Chemical and allied products..  28 (except       325 (except products 325182,
                                                               2895, 2893,      32591, 32551, 32532)
                                                               2851, and
                                                               2879).
                              Petroleum refining and related  2911, 2999.....  32411, 324199
                               industries.
                              Rubber and miscellaneous        3011, 3069.....  326211, 31332, 326192, 326299
                               plastics products.
                              Stone, clay, glass, and         3241...........  32731
                               concrete products.
                              Primary metal industries......  3312, 3313,      324199, 331111, 331112, 331492,
                                                               3315, 3316,      331222, 332618, 331221, 22121,
                                                               3317, 3334,      331312, 331419, 331315, 331521,
                                                               3339, 3353,      331524, 331525
                                                               3363, 3365,
                                                               3366.

[[Page 78957]]

 
                              Fabricated metal products,      3421, 3499.....  332211, 337215, 332117, 332439,
                               except machinery and                             33251, 332919, 339914, 332999
                               transportation equipment.
                              Industrial and commercial       3523, 3531.....  333111, 332323, 332212, 333922,
                               machinery and computer                           22651, 333923, 33312
                               equipment.
                              Transportation equipment......  3724, 3743,      336412, 333911, 33651, 336416
                                                               3764.
                              Measuring, analyzing, and       3861...........  333315, 325992
                               controlling instruments;
                               photographic, medical, and
                               optical goods; watches and
                               clocks.
                              Electric, gas, and sanitary     4911, 4931,      221111, 221112, 221113, 221119,
                               services.                       4939, 4961.      221121, 221122, 22121, 22133
                              Educational services..........  8221...........  61131
                              Engineering, accounting,        8731...........  54171
                               research, management and
                               related services.
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B. How Can I Get Copies of This Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under Docket ID No. OW-2002-0052. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
The official public docket is the collection of materials that is 
available for public viewing at the Water Docket in the EPA Docket 
Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC. The EPA Docket Center Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the Water Docket is (202) 566-
2426.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as confidential business information (CBI) and 
other information whose disclosure is restricted by statute, which is 
not included in the official public docket, will not be available for 
public viewing in EPA's electronic public docket. EPA's policy is that 
copyrighted material will not be placed in EPA's electronic public 
docket but will be available only in printed, paper form in the 
official public docket. To the extent feasible, publicly available 
docket materials will be made available in EPA's electronic public 
docket. When a document is selected from the index list in EPA Dockets, 
the system will identify whether the document is available for viewing 
in EPA's electronic public docket. Although not all docket materials 
may be available electronically, you may still access any of the 
publicly available docket materials through the docket facility 
identified in Unit I.A.1. EPA intends to work towards providing 
electronic access to all of the publicly available docket materials 
through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the Docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.
    For additional information about EPA's electronic public docket 
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. Please submit with your comments any references cited 
in your comments. To ensure proper receipt by EPA, identify the 
appropriate docket identification number in the subject line on the 
first page of your comment. Please ensure that your comments are 
submitted within the specified comment period. Comments received after 
the close of the comment period will be marked ``late.'' EPA is not 
required to consider these late comments; however, late comments may be 
considered if time permits. If you wish to submit CBI or information 
that is otherwise protected by statute, please follow the instructions 
in Unit I.C. Do not use EPA Dockets or e-mail to submit CBI or 
information protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will

[[Page 78958]]

be included as part of the comment that is placed in the official 
public docket, and made available in EPA's electronic public docket. 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.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. OW-
2002-0052. The system is an ``anonymous access'' system, which means 
EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to [email protected], Attention Docket ID No. OW-2002-0052. In contrast to 
EPA's electronic public docket, EPA's e-mail system is not an 
``anonymous access'' system. If you send an e-mail comment directly to 
the Docket without going through EPA's electronic public docket, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit 1.B.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send an original and three (3) copies of your comments 
to the ``Water Docket,'' U.S. Environmental Protection Agency, 
Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, 
Attention Docket ID No. OW-2002-0052.
    3. By Hand Delivery or Courier. Deliver your comments to: Water 
Docket, EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave., 
NW., Washington, DC, Attention Docket ID No. OW-2002-0052. Such 
deliveries are only accepted during the Docket's normal hours of 
operation as identified in Unit 1.A.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. 
Send information identified as CBI by mail only to the following 
address: Office of Science and Technology, Mailcode 4303T, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460, Attention: Martha Segall/Docket ID No. OW-2002-
0056.
    You may claim information that you submit to EPA as CBI by marking 
any part or all of that information as CBI (if you submit CBI on disk 
or CD ROM, mark the outside of the disk or CD ROM as CBI and then 
identify electronically within the disk or CD ROM the specific 
information that is CBI). Information so marked will not be disclosed 
except in accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person identified in the FOR FURTHER INFORMATION CONTACT section.

II. Discussion of Direct Final Rulemaking

    EPA is proposing to make several minor revisions to the final 
regulations addressing cooling water intake structures for new 
facilities, published December 18, 2001. In the ``Rules and 
Regulations'' section of today's Federal Register, we are approving 
these revisions as a direct final rule without prior proposal because 
we view these as noncontroversial revisions and anticipate no adverse 
comment. We have described the revisions and our rationale for them in 
the direct final rule. If EPA receives no adverse comment, the Agency 
will not take further action on this proposed rule. If EPA receives 
adverse comment on one or more distinct amendments, paragraphs, or 
sections of this rulemaking, the Agency will publish a timely 
withdrawal in the Federal Register indicating which provisions will 
become effective and which provisions are being withdrawn due to 
adverse comment. Any distinct amendment(s), paragraph(s), or section(s) 
of today's rulemaking for which we do not receive adverse comment will 
become effective on the date set in the direct final rule, not 
withstanding any adverse comment on any other distinct amendment, 
paragraph or section of today's rule. We will address all public 
comments in a subsequent final rule based on this proposed rule. We 
will not institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.
    For the various statutes and Executive Orders that require findings 
for each rulemaking, EPA incorporates the findings from the direct 
final rulemaking into this companion notice for the purpose of 
providing public notice and opportunity for comment

List of Subjects in 40 CFR Part 125

    Environmental protection, Reporting and recordkeeping requirements, 
Waste treatment and disposal, Water pollution control.

    Dated: December 19, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-32611 Filed 12-24-02; 8:45 am]
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