[Federal Register Volume 69, Number 167 (Monday, August 30, 2004)]
[Notices]
[Pages 52883-52888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19716]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7807-8]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Request for Comments on Seven Proposed Information 
Collection Requests

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 seven 
continuing Information Collection Requests (ICR) to the Office of 
Management and Budget (OMB). Before submitting the ICRs to OMB for 
review and approval, EPA is soliciting comments on specific aspects of 
the information collections as described in the Supplementary 
Information section.

DATES: Comments must be submitted on or before October 29, 2004.

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

FOR FURTHER INFORMATION CONTACT: Direct questions or requests for 
copies of these ICRs to: Jack Faulk, Industrial Branch, Water Permits 
Division, Office of Wastewater Management; tel.: (202) 564-0768, fax: 
(202) 564-6431; or e-mail: [email protected]. Or see Section I.C of 
the SUPPLEMENTARY INFORMATION.

SUPPLEMENTARY INFORMATION:

I. General Information for All ICRs

    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection information unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
are displayed in 40 CFR part 9.
    The EPA would like to solicit comments to:
    (1) 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;
    (2) Evaluate the accuracy of the Agency's estimate of the burden of 
the proposed collection of information;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the collection of information on those 
who are to respond, including through the use of automated collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    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.

A. How Can I Get Copies of the ICR Supporting Statement and Other 
Related Information?

    1. Docket. EPA has established an official public docket for these 
ICRs under: (1) Docket ID No. OW-2004-0023 for Best Management 
Practices for Bleached Papergrade Kraft and Soda Subcategory and the 
Papergrade Sulfite Subcategory of the Pulp, Paper, and Paperboard Point 
Source Category, EPA ICR No. 1829.02, OMB Control No. 2040-0207; (2) 
Docket ID No. OW-2004-0024 for Milestones Plan for the Bleached 
Papergrade Kraft and Soda Subcategory of the Pulp, Paper, and 
Paperboard Point Source Category, EPA ICR No. 1877.02, OMB Control No. 
2040-0202; (3) Docket ID No. OW-2004-0025 for Minimum Monitoring 
Requirements for the Pulp, Paper, and Paperboard Effluent Limitations 
Guidelines and Standards, EPA ICR No. 1878.01, OMB Control No. 2040-
0243; (4) Docket ID No. OW-2004-0026 for Baseline Standards and Best 
Management Practices for the Coal Mining Point Category (40 CFR part 
434)--Coal Remining Sub-category and Western Alkaline Coal Mining 
Subcategory, EPA ICR No. 1944.02, OMB Control No. 2040-0239; (5) Docket 
ID No. OW-2004-0027 for Information Collection Request for Cooling 
Water Intake Structures New Facility Final Rule, EPA ICR No. 1973.02, 
OMB Control No. 2040-0241; (6) Docket ID No. OW-2004-0028 for 
Certification in lieu of Chloroform Minimum Monitoring Requirements for 
direct and indirect discharging mills in the bleached papergrade kraft 
and soda subcategory of the pulp, Paper, Paperboard Point Source 
Category, EPA ICR No. 2015.01, OMB Control No. 2040-0242; and (7) 
Docket ID No. OW-2004-0029 for Pollution Prevention Compliance 
Alternative; Transportation Equipment Cleaning (TEC) Point Source 
Category (40 CFR part 442), EPA ICR No. 2018.01, OMB Control No. 2040-
0235.
    The official public docket consists of the documents specifically 
referenced in the ICRs, any public comments received, and other 
information related to these ICRs. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. 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 B135, 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

[[Page 52884]]

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/.
    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 docket identification number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as 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 section I.A. 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.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. 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 in formulating a 
final decision. If you wish to submit CBI or information that is 
otherwise protected by statute, please contact the person listed in FOR 
FURTHER INFORMATION CONTACT. 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 described 
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 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 the appropriate 
Docket ID No. 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. (please use appropriate 
Docket ID number). 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 section I.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 four copies of your comments to: Water Docket, 
Environmental Protection Agency, Mail code: 4101T, 1200 
Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. 
(please use appropriate Docket ID number).
    3. By Hand Delivery or Courier. Deliver your comments to: EPA 
Docket Center, EPA West, Room B102, 1301 Constitution Avenue, NW., 
Washington, DC, Attention Docket ID No. (please use appropriate Docket 
ID number). Such deliveries are only accepted during the Docket's 
normal hours of operation as identified in section I.A.1.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.

[[Page 52885]]

    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
identification number in the subject line on the first page of your 
response. It would also be helpful if you provided the name, date, and 
Federal Register citation related to your comments.

II. List of ICRs Planned To Be Submitted

    In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et 
seq.), this notice announces that EPA is planning to submit the 
following seven continuing ICR requests to OMB:
    (1) Best Management Practices for Bleached Papergrade Kraft and 
Soda Subcategory and the Papergrade Sulfite Subcategory of the Pulp, 
Paper, and Paperboard Point Source Category, EPA ICR No. 1829.02, OMB 
Control No. 2040-0207, expiring on June 30, 2005.
    (2) Milestones Plan for the Bleached Papergrade Kraft and Soda 
Subcategory of the Pulp, Paper, and Paperboard Point Source Category, 
EPA ICR No. 1877.02, OMB Control No. 2040-0202, expiring on June 30, 
2005.
    (3) Minimum Monitoring Requirements for the Pulp, Paper, and 
Paperboard Effluent Limitations Guidelines and Standards, EPA ICR No. 
1878.01, OMB Control No. 2040-0243, expiring on February 28, 2005.
    (4) Baseline Standards and Best Management Practices for the Coal 
Mining Point Category (40 CFR part 434)--Coal Remining Sub-category and 
Western Alkaline Coal Mining Subcategory, EPA ICR No. 1944.02, OMB 
Control No. 2040-0239, expiring on November 30, 2004.
    (5) Information Collection Request for Cooling Water Intake 
Structures New Facility Final Rule, EPA ICR No. 1973.02, OMB Control 
No. 2040-0241, expiring on November 30, 2004.
    (6) Certification in lieu of Chloroform Minimum Monitoring 
Requirements for direct and indirect discharging mills in the bleached 
papergrade kraft and soda subcategory of the Pulp, Paper, Paperboard 
Point Source Category, EPA ICR No. 2015.01, OMB Control No. 2040-0242, 
expiring on February 28, 2005.
    (7) Pollution Prevention Compliance Alternative; Transportation 
Equipment Cleaning (TEC) Point Source Category (40 CFR part 442), EPA 
ICR No. 2018.01, OMB Control No. 2040-0235, expiring on October 31, 
2004.

A. Contact Individual for ICRs

    For all seven ICRs, please contact: Jack Faulk, Industrial Branch, 
Water Permits Division, Office of Wastewater Management; tel.: (202) 
564-0768, fax: (202) 564-6431; or e-mail: [email protected].

B. Individual ICRs

    (1) Best Management Practices for Bleached Papergrade Kraft and 
Soda Subcategory and the Papergrade Sulfite Subcategory of the Pulp, 
Paper, and Paperboard Point Source Category, EPA ICR No. 1829.02, OMB 
Control No. 2040-0207, expiring on June 30, 2005.
    Affected Entities: Entities potentially affected by this action are 
those operations that chemically pulp wood fiber using kraft or soda 
methods to produce bleached papergrade pulp, paperboard, coarse paper, 
tissue paper, fine paper, and/or paperboard; those operations that 
chemically pulp wood fiber using papergrade sulfite methods to produce 
pulp and/or paper; and State and local governments which regulate 
discharges where such operations are located.
    Abstract: The EPA has established BMP provisions as part of final 
amendments to 40 CFR part 430, the Pulp, Paper and Paperboard Point 
Source Category promulgated on April 15, 1998 (see 63 FR 18504-18751). 
These provisions, promulgated under the authorities of sections 304, 
307, 308, 402, and 501 of the Clean Water Act, require that owners or 
operators of bleached papergrade kraft, soda and sulfite mills 
implement site-specific BMPs to prevent or otherwise contain leaks and 
spills of spent pulping liquors, soap and turpentine and to control 
intentional diversions of these materials.
    EPA has determined that these BMPs are necessary because the 
materials controlled by these practices, if spilled or otherwise lost, 
can interfere with wastewater treatment operations and lead to 
increased discharges of toxic, nonconventional, and conventional 
pollutants. For further discussion of the need for BMPs, see section 
VI.B.7 of the preamble to the amendments to 40 CFR part 430 (see 63 FR 
18561-18566).
    The BMP program includes information collection requirements that 
are intended to help accomplish the overall purposes of the program by, 
for example, training personnel, see 40 CFR 430.03(c)(4), analyzing 
spills that occur, see 40 CFR 430.03(c)(5), identifying equipment items 
that might need to be upgraded or repaired, see 40 CFR 430.03(c)(2), 
and performing monitoring--including the operation of monitoring 
systems--to detect leaks, spills and intentional diversion and 
generally to evaluate the effectiveness of the BMPs, see 40 CFR 
430.03(c)(3), (c)(10), (h), and (i). The regulations also require mills 
to develop and, when appropriate, amend plans specifying how the mills 
will implement the specified BMPs, and to certify to the permitting or 
pretreatment authority that they have done so in accordance with good 
engineering practices and the requirements of the regulation. See 40 
CFR 430.03(d), (e) and (f). The purpose of those provisions is, 
respectively, to facilitate the implementation of BMPs on a site-
specific basis and to help the regulating authorities to ensure 
compliance without requiring the submission of actual BMP plans. 
Finally, the record keeping provisions are intended to facilitate 
training, to signal the need for different or more vigorously 
implemented BMPs, and to facilitate compliance assessment. See 40 CFR 
430.03(g).
    EPA has structured the regulation to provide maximum flexibility to 
the regulated community and to minimize administrative burdens on NPDES 
permit and pretreatment control authorities that regulate bleached 
papergrade kraft and soda and papergrade sulfite mills. Although EPA 
does not anticipate that mills will be required to submit any 
confidential business information or trade secrets as part of this ICR, 
all data claimed as confidential business information will be handled 
by EPA pursuant to 40 CFR part 2.
    Burden Statement: The recurring burden for a mill to periodically 
review and amend the BMP plan, prepare spill reports, perform 
additional monitoring, hold refresher training, and conduct 
recordkeeping and reporting is estimated to be 617, 641, and 665 hours 
annually per mill for simple, moderately complex, and complex mills, 
respectively. The total recurring cost for the estimated 41 bleached 
papergrade kraft and soda and 11 papergrade sulfite mills associated 
with the BMP requirements is estimated at $1,807,670.
    The recurring burden to State NPDES and pretreatment control 
authorities is estimated at ten hours per year per facility for 
reviewing periodic (e.g., annual or semi-annual) monitoring reports and 
conducting compliance reviews. The total recurring costs for State 
NPDES and pretreatment control authorities is estimated at $32,100.
    (2) Milestones Plan, Effluent Limitations Guidelines and Standards, 
Bleached Papergrade Kraft and Soda Subcategory, Pulp, Paper, and 
Paperboard Manufacturing Category,

[[Page 52886]]

EPA ICR No. 1877.02, OMB Control No. 2040-0202, expiring June 30, 2005.
    Affected Entities: Entities potentially affected by this action are 
those existing, direct discharging mills with operations that 
chemically pulp wood fiber using kraft or soda methods to produce 
bleached papergrade pulp, paperboard, coarse paper, tissue paper, fine 
paper, and/or paperboard and that choose to participate in the 
Voluntary Incentives Program established under 40 CFR 430.24(b).
    Abstract: The EPA has established the Milestones Plan requirements 
for enrollment in the Voluntary Advanced Technology Incentives Program 
(VATIP) as part of final amendments to 40 CFR part 430, the Pulp, Paper 
and Paperboard Point Source Category promulgated on April 15, 1998 (see 
63 FR 18504-18751). The Milestones Plan provisions, promulgated under 
the authorities of sections 301, 304, 306, 307, 308, 402 and 501 of the 
Clean Water Act, require owners or operators of bleached papergrade 
kraft and soda mills enrolled in the VATIP to submit information to 
describe each envisioned new technology component or process 
modification the mill intends to implement in order to achieve the 
VATIP Best Available Technology (BAT) limits, including a master 
schedule showing the sequence of implementing new technologies and 
process modifications and identifying critical-path relationships 
within the sequence.
    EPA has determined that the Milestones Plan will provide valuable 
benchmarks for reasonable inquiries into progress being made by 
participating mills toward achievement of the interim and ultimate Tier 
limits of the VATIP and will offer the necessary flexibility to the 
mill and the permit writer so that the milestones selected to be 
incorporated into the mill's NPDES permit reflect the unique situation 
of the mill.
    The Milestones Plan must include the following information for each 
new individual technology or process modification: (1) A schedule of 
anticipated dates for associated construction, installation, and/or 
process changes; (2) the anticipated dates of completion for those 
steps; (3) the anticipated date that the Advanced Technology process or 
individual component will be fully operational; (4) and the anticipated 
reductions in effluent quantity and improvements in effluent quality as 
measured at the bleach plant(for bleach plant, pulping area and 
evaporator condensates flow and BAT parameters other than Adsorbable 
Organic Halides (AOX)) and the end of the pipe (for AOX). For those 
technologies or process modifications that are not commercially 
available or demonstrated on a full-scale basis at the time of plan 
development, the Plan is required to include a schedule for research 
(if necessary), process development, and mill trials, including major 
milestone dates and the anticipated date the technology or process 
change will be available for mill implementation. The Plan must also 
include contingency plans in the event that any of the technologies or 
processes specified in the Milestones Plan need to be adjusted or 
alternative approaches developed to ensure that the ultimate tier 
limits are achieved by the deadlines specified in 40 CFR 
430.24(b)(4)(ii).
    EPA has structured the Plan to provide maximum flexibility to the 
regulated community and to minimize administrative burdens on NPDES 
permit authorities that regulate bleached papergrade kraft and soda 
mills. All data claimed as confidential business information or trade 
secrets submitted by the mills as part of this ICR will be handled by 
EPA pursuant to 40 CFR part 2.
    Burden Statement: EPA estimates that 29 mills will voluntarily 
enroll into VATIP. The burden for a mill (which chooses to participate 
voluntarily in the incentives program) to prepare and submit a 
Milestones Plan is estimated to average approximately 120 hours per 
respondent. This is a one-time burden. State NPDES permitting 
authorities burden to review the Milestones Plans is estimated at 16 
hours per respondent as an initial burden with a average recurring 
annual review burden of 6 hours per respondent. The total initial cost 
for the 29 mills anticipated to enroll in the VATIP and thus be 
required to develop a Milestones Plan is estimated at $480,900. The 
total initial burden incurred by State permitting authorities is 
estimated at $15,680. The total recurring burden incurred by State 
permitting authorities is estimated at $5,880. There is no recurring 
burden for mill respondents associated with this information 
collection.
    (3) Minimum Monitoring Requirements for the Pulp, Paper, and 
Paperboard Effluent Limitations Guidelines and Standards, EPA ICR No. 
1878.01, OMB Control No. 2040-0243, expiring on February 28, 2005.
    Affected Entities: Entities potentially affected by this action are 
those operations that chemically pulp wood fiber using kraft or soda 
methods to produce bleached papergrade pulp, paperboard, coarse paper, 
tissue paper, fine paper, and/or paperboard; and those operations that 
chemically pulp wood fiber using papergrade sulfite methods to produce 
pulp and/or paper.
    Abstract: The EPA imposed minimum monitoring requirements on 
bleached papergrade kraft and soda (subpart B) and papergrade sulfite 
(subpart E) mills under 40 CFR part 430 as part of the effluent 
limitations guidelines and standards promulgated on April 15, 1998 (63 
FR 18504). With approval of this ICR, the permitting and pretreatment 
control authority must require applicable facilities subject to 
subparts B or E to monitor their effluent for adsorbable organic 
halides (AOX), 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), 2,3,7,8-
tetrachlorodibenzofuran (TCDF), chloroform, and 12 chlorinated 
phenolics at specified frequencies. See 40 CFR 430.02. Under 40 CFR 
122.41 (e)(4), the discharger must then report these monitoring results 
to the permitting or pretreatment control authority using either 
Discharge Monitoring Reports (DMRs) or Periodic Compliance Reports 
(PCRs). These additional minimum monitoring requirements and 
corresponding additional reporting requirements are necessary to 
demonstrate compliance with the effluent limitations guidelines and 
standards promulgated at 40 CFR part 430, subparts B and E.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 392 
hours per response. The estimated number of respondents is 94 and the 
frequency of response is not less than annually for direct dischargers 
and not less than twice annually for indirect dischargers. The total 
annual hour burden is 36,858 hours and the total annualized cost burden 
(non labor costs) is $6,414,910.
    (4) Baseline Standards and Best Management Practices for the Coal 
Mining Point Category (40 CFR part 434)--Coal Remining Sub-category and 
Western Alkaline Coal Mining Subcategory, EPA ICR No. 1944.02, OMB 
Control No. 2040-0239, expiring on November 30, 2004.
    Affected Entities: Entities potentially affected by this action are 
coal remining sites with pre-existing discharges; western alkaline coal 
mining sites with sediment control; and NPDES permit control 
authorities.
    Abstract: This ICR presents estimates of the burden and costs to 
the regulated community (approximately 234 coal remining sites and 46 
western alkaline surface coal mining sites) and NPDES permit control 
authorities for data collection and record keeping associated with 
modeling, BMP implementation, baseline monitoring, and performance 
monitoring requirements of the Coal

[[Page 52887]]

Mining Point Source--Coal Remining Subcategory and Western Alkaline 
Coal Mining Subcategory Effluent Limitations Guidelines (40 CFR 434.70 
and 434.80).
    Coal remining is the mining of surface mine lands, underground mine 
lands, and coal refuse piles that have been previously mined and 
abandoned. Acid mine drainage from abandoned coal mines is a 
significant problem in Appalachia, with approximately 1.1 million acres 
of abandoned coal mine lands and over 9,700 miles of streams polluted 
by acid mine drainage.
    During the remining process, acid-forming materials are removed 
with the extraction of the coal, pollution abatement BMPs are 
implemented under applicable regulatory requirements, and the abandoned 
mine land is reclaimed. During remining, many of the problems 
associated with abandoned mine land, such as dangerous highwalls, 
vertical openings, and abandoned coal refuse piles can be corrected 
without using public funds.
    The remining regulations include a requirement that the operator 
implement BMPs to demonstrate the potential to improve water quality. 
The site-specific BMPs will be incorporated into a pollution abatement 
plan. Data collection and record keeping requirements under this 
Subcategory will include baseline determination, annual monitoring and 
reporting for pre-existing discharges and a description of site-
specific BMPs. In most cases, EPA believes that the BMP requirements 
for the pollution abatement plan will be satisfied by an approved SMCRA 
plan.
    Western alkaline coal mines include surface and underground mining 
operations located in the interior western United States. EPA estimates 
that 46 mine sites will be affected by this subcategory, representing 
2% of the total number of U.S. coal mines, but accounting for \1/3\ of 
U.S. coal production.
    The subcategory establishes non-numeric limitations on the amount 
of sediment that can be discharged from coal mine reclamation areas. In 
lieu of numeric standards, the mine operator must develop a site-
specific sediment control plan for surface reclamation areas 
identifying BMP design, construction, and maintenance specifications 
and expected effectiveness. The operator will be required to 
demonstrate, using models accepted by the regulatory authority, that 
implementation of the BMPs will ensure that average annual sediment 
levels in drainage from reclamation areas would not exceed predicted 
natural background levels of sediment discharges at that site. Data 
collection and record keeping requirements under this Subcategory will 
include a description of site-specific sediment control BMPs and 
watershed model results. EPA believes that plans developed to comply 
with SMCRA requirements will usually fulfill the EPA requirements for 
sediment control plans.
    EPA does not expect that any confidential business information or 
trade secrets will be required from coal mining operators as part of 
this ICR. If information submitted in conjunction with this ICR were to 
contain confidential business information, the respondent has the 
authority to request that the information be treated as confidential 
business information. All data so designated will be handled by EPA 
pursuant to 40 CFR part 2. This information will be maintained 
according to procedures outlined in EPA's Security Manual Part III, 
Chapter 9, dated August 9, 1976. Pursuant to section 308(b) of the CWA, 
effluent data may not be treated as confidential.
    Burden Statement: The potential number of coal remining respondents 
is calculated based on the approximation that 78 permits per year may 
be issued. The duration of this ICR is three years and therefore the 
potential respondents over this time frame is (78 x 3) 234. The 
potential number of western alkaline surface mining respondents is 
estimated to be 46 for this subcategory. Although there are a total of 
44 authorized NPDES states, the number of state NPDES authorities 
estimated to be impacted by the rule is 10. The initial burden for coal 
mining and remining sites under the rule is estimated at 1,890 hours 
and $314,538 for baseline determination monitoring at coal remining 
sites. The annual burden for coal mining and remining sites under the 
rule is estimated at 3,024 hours per year and $189,302 per year for 
annual monitoring at coal remining sites.
    The initial burden for NPDES control authorities is estimated at 
9,800 hours and $310,464 for review of SMCRA remining and reclamation 
plans (which include BMPs) and preparation of the NPDES permit. The 
annual burden for NPDES control authorities is estimated at 2,340 hours 
per year and $74,131 per year for review of annual monitoring data at 
coal remining sites.
    Monitoring costs apply to the Coal Remining Subcategory only. The 
average annual monitoring costs for all respondents under this ICR is 
$294,148 ($314,538/3 + $189,302).
    For the Coal Remining Subcategory, the public reporting burden is 
estimated to average 15.6 hours per respondent per year ((1,890 hours/3 
years + 3,024 hours/year) / 234 coal remining sites). This estimate 
includes time for collecting and submitting baseline and annual 
monitoring results. For the Western Alkaline Coal Mining Subcategory, 
there is projected to be no additional public reporting burden.
    (5) Information Collection Request for Cooling Water Intake 
Structures New Facility Final Rule, EPA ICR No. 1973.02, OMB Control 
No. 2040-0241, expiring on November 30, 2004.
    Affected Entities: Entities affected by this action are new 
facilities that are point sources (i.e. subject to a NPDES permit) that 
use or propose to use a cooling water intake structure (CWIS), have at 
least one cooling water intake structure that uses at least 25 percent 
(measured on an average monthly basis) of the water withdrawn for 
cooling purposes, and have a design intake flow greater than two 
million gallons per day (MGD). Generally, facilities that meet these 
criteria fall into two major groups: new power producing facilities and 
new manufacturing facilities. Power producers affected by the final 
rule are likely to be both utility and nonutility power producers since 
they typically have large cooling water requirements. The EPA 
identified four categories of manufacturing facilities that tend to 
require large amounts of cooling water: paper and allied products, 
chemical and allied products, petroleum and coal products, and primary 
metals.
    Abstract: The section 316(b) New Facility Rule requires the 
collection of information from new facilities that use a CWIS. 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 CWISs at that 
facility reflect the best technology available (BTA) for minimizing 
adverse environmental impact. See 66 FR 65256. Such impact occurs as a 
result of impingement (where fish and other aquatic life are trapped on 
technologies 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 establishes 
standard requirements applicable to the location, design, construction, 
and capacity of cooling water intake structures at new facilities. 
These requirements seek to minimize the adverse environmental impact 
associated with the use of CWISs.

[[Page 52888]]

    Burden Statement: The annual average reporting and recordkeeping 
burden for the collection of information by facilities responding to 
the section 316(b) New Facility Rule is estimated to be 2,650 hours per 
respondent (i.e., an annual average of 37,104 hours of burden divided 
among an anticipated annual average of 14 facilities). The Director 
reporting and recordkeeping burden for the review, oversight, and 
administration of the rule is estimated to average 136 hours per 
respondent (i.e., an annual average of 3,271 hours of burden divided 
among an anticipated 24 States on average per year). During the first 
three years after rule promulgation, the information collection 
required by the rule involves responses from an estimated total of 18 
facilities and 44 States and Territories and costs approximately $11.6 
million (including operation and maintenance costs), with an annual 
average of 38 respondents, 40,376 burden hours, and $3.9 million per 
year.
    (6) Certification in lieu of Chloroform Minimum Monitoring 
Requirements for direct and indirect discharging mills in the bleached 
papergrade kraft and soda subcategory of the pulp, Paper, Paperboard 
Point Source Category, EPA ICR No. 2015.01, OMB Control No. 2040-0242, 
expiring on February 28, 2005.
    Affected Entities: Operations that chemically pulp wood fiber using 
kraft or soda methods to produce bleached papergrade pulp, paperboard, 
coarse paper, tissue paper, fine paper, and/or paperboard.
    Abstract: The EPA imposed minimum monitoring requirements on 
bleached papergrade kraft and soda (subpart B) mills under 40 CFR part 
430 as part of the final Cluster Rules promulgated on April 15, 1998. 
See 63 FR 18504. These provisions require direct and indirect 
discharging subpart B mills to monitor their effluent for certain 
pollutants, including chloroform, at specified frequencies. See 40 CFR 
430.02. EPA promulgated an amendment to the Cluster Rules to allow 
direct and indirect discharging Subpart B mills, for a particular fiber 
line, to demonstrate compliance with applicable chloroform limitations 
and standards under 40 CFR part 430 in lieu of the minimum monitoring 
requirements specified in 40 CFR 430.02 by voluntarily certifying two 
sets of circumstances. See 67 FR 58990. First, the mill would need to 
certify that the fiber line(s) in question is/are not using elemental 
chlorine or hypochlorite as bleaching agents. Second, the mill would 
need to certify that the fiber line(s) in question maintain(s) certain 
process and operating conditions that the facility has demonstrated 
achieve compliance with applicable chloroform limitations.
    The burden associated with these additional voluntary reporting 
requirements is expected to be offset by a substantial savings in 
burden and costs that would otherwise be incurred, pursuant to the 
minimum monitoring frequency and duration at 40 CFR 430.02, to comply 
with applicable chloroform effluent limitations and standards.
    All data submitted by mills as part of the initial compliance 
demonstration and claimed as confidential business information would be 
maintained pursuant to 40 CFR part 2 when EPA is the permitting 
authority, and pursuant to regulations governing such information when 
States are the permitting authorities.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this voluntary collection of information is estimated to 
average six hours per response. The estimated number of respondents is 
80 and the frequency of response is not less than annually for direct 
dischargers and not less than twice annually for indirect dischargers. 
The total annual hour burden is 480 hours and the total annualized cost 
burden (non-labor costs) is $0.
    (7) Pollution Prevention Compliance Alternative; Transportation 
Equipment Cleaning (TEC) Point Source Category (40 CFR part 442), EPA 
ICR No. 2018.01, OMB Control No. 2040-0235, expiring on October 31, 
2004.
    Affected Entities: Entities potentially affected are indirect 
discharge facilities from subparts A and B (facilities that clean tank 
trucks, intermodal tank containers, and rail tank cars transporting 
chemical and petroleum cargos), that choose the pollution prevention 
compliance option to reduce pollutant discharges.
    Abstract: EPA issued a final guideline for the TEC point source 
category on August 14, 2000. This final rule included a regulatory 
compliance option which allows certain facilities to develop a 
Pollutant Management Plan (PMP) in lieu of meeting numeric standards. 
Facilities have the option to develop this plan if it would be a more 
beneficial compliance alternative. The PMP is only available for PSES 
and PSNS in subparts A and B of the TEC regulation, representing a 
potential 316 facilities.
    The PMP includes requirements for recordkeeping and paperwork that 
were not previously included in the burden estimate for the TEC 
industry. This ICR presents estimates of the burden hours and costs to 
the regulated community and pretreatment authorities for data 
collection and recordkeeping associated with implementing the pollution 
prevention compliance option.
    The PMP is an effective alternative method of reducing pollutant 
discharges from indirect dischargers in subparts A and B (facilities 
that clean tank trucks, intermodal tank containers, and rail tank cars 
transporting chemical and petroleum cargos). The PMP contains 10 
components that must be considered and addressed when developing the 
Plan. These components require facilities to identify and segregate 
incompatible waste streams which may include heels, prerinse or 
prestream wastewater, and spent cleaning solutions from wastewater 
discharged to the POTW. The PMP also requires provisions for recycling 
or reuse of incompatible waste streams and for minimizing the use of 
toxic cleaning agents. Data collection and recordkeeping requirements 
under the pollution prevention compliance option include preparing the 
PMP and maintaining records to demonstrate compliance with the 
procedures and provisions of the PMP. Records will be stored on site, 
and there are no reporting requirements.
    Burden Statement: The regulated community includes approximately 
316 indirect discharging facilities. EPA assumes that all regulated 
facilities will evaluate the alternative pollution prevention 
compliance option to determine whether it would be less costly than 
complying with numerical limits. Based on discussions with industry 
stakeholders and pretreatment authorities, EPA assumes that 25% of 
these facilities will select the pollution prevention compliance 
option.
    For the TEC pollution prevention compliance option, the burden is 
estimated to average 240.3 hours per respondent per year. This estimate 
includes time for preparing and submitting the statement of intent, 
preparing and submitting the PMP, collecting information and 
recordkeeping, and operator training. The estimated total labor for 
respondents is 19,144 hours, with a total cost of $554,451.

    Dated: August 20, 2004.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 04-19716 Filed 8-27-04; 8:45 am]
BILLING CODE 6560-50-P