[Federal Register Volume 69, Number 225 (Tuesday, November 23, 2004)]
[Notices]
[Pages 68140-68142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25942]


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ENVIRONMENTAL PROTECTION AGENCY

[OW-2004-0020, FRL-7840-4]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Willingness To Pay Survey: Phase III Cooling Water 
Intake Structures, EPA ICR Number 2155.01

AGENCY: Environmental Protection Agency.

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 a 
proposed Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request for a new collection. 
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 January 24, 2005.

ADDRESSES: Submit your comments, referencing docket ID number OW-2004-
0020, to EPA online using EDOCKET (our preferred method), by e-mail to 
[email protected], or by mail to: EPA Docket Center, Environmental 
Protection Agency, EPA Docket Center, Environmental Protection Agency, 
Water Docket, EPA West, 4101T, 1200 Pennsylvania Ave., NW., Washington, 
DC 20460.

FOR FURTHER INFORMATION CONTACT: Erik Helm, Office of Science and 
Technology, 4303T, Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460; telephone number: 202-566-1066; fax 
number: 202-566-1054; e-mail address: [email protected]

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OW-2004-0020, which 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 Reading Room is (202) 566-1744, and the telephone number for 
the Water Docket is (202) 566-2426. An electronic version of the public 
docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the 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 ID number 
identified above.
    Any comments related to this ICR should be submitted to EPA within 
60 days of this notice. EPA's policy is that public comments, whether 
submitted electronically or in paper, will be made available for public 
viewing in EDOCKET as EPA receives them and without change, unless the 
comment contains copyrighted material, CBI, or other information whose 
public 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 
EDOCKET. The entire printed comment, including the copyrighted 
material, will be available in the public docket. Although identified 
as an item in the official docket, information claimed as CBI, or whose 
disclosure is otherwise restricted by statute, is not included in the 
official public docket, and will not be available for public viewing in 
EDOCKET. For further information about the electronic docket, see EPA's

[[Page 68141]]

Federal Register notice describing the electronic docket at 67 FR 38102 
(May 31, 2002), or go to http://www.epa.gov./edocket.
    Affected entities: Entities potentially affected by this action are 
individuals/households.
    Title: Willingness to Pay Survey: Phase III Cooling Water Intake 
Structures.
    Abstract: The U.S. Environmental Protection Agency (EPA) is in the 
process of developing new regulations to provide national performance 
standards for controlling impacts from cooling water intake structures 
(CWIS) for Phase III facilities under section 316(b) of the Clean Water 
Act (CWA). The facilities considered Phase III facilities under Clean 
Water Act section 316(b) regulations include existing electrical 
generators with cooling water intake structures that are designed to 
withdraw 50 million gallons of water per day or less, as well as 
existing manufacturing and industrial facilities with cooling water 
intake structures, that withdraw water from rivers, streams, lakes, 
reservoirs, estuaries, oceans, or other waters of the United States for 
cooling purposes. The regulation also establishes section 316(b) 
requirements for new offshore oil and gas extraction facilities.
    EPA has previously published final section 316(b) regulations that 
address new facilities (Phase I) on December 18, 2001 (66 FR 65256) and 
existing large power producers (Phase II) on July 9, 2004 (69 FR 
41576). See 40 CFR part 125, subparts I and J, respectively.
    As required under executive Order 12866, EPA performs economic 
impact and cost/benefit analyses of the section 316(b) regulation for 
Phase III facilities. Comprehensive, appropriate estimates of total 
resource value include both use and non-use values, such that the 
resulting total social benefit estimates may be compared to total 
social cost. Developing comprehensive quantified benefit estimates for 
the section 316(b) regulation requires consideration of non-use values 
because nearly all (96 percent) of impingement and entrainment losses 
at CWIS consist of either forage species, or non-landed recreational 
and commercial species that do not have direct uses or, as a result, 
direct use values. Although individuals do not use these resources 
directly they may nevertheless be affected by changes in resource 
status or quality, such that they would be willing to pay to maintain 
these resources. It is generally accepted that non-use values may be 
substantial in some cases, and that failure to recognize such values 
may lead to improper inferences regarding policy benefits and costs. 
Many public comments on the proposed section 316(b) regulation for 
Phase II facilities and the Phase II Notice of Data Availability 
suggested that a properly designed and conducted stated preference, or 
contingent valuation (CV), survey would be the most appropriate and 
acceptable method to estimate the non-use benefits of the rule.\1\ 
Stated preference survey methodology is the generally accepted means to 
estimate non-use values. Stated preference surveys use carefully 
designed questions to elicit respondents' willingness to pay (WTP) for 
particular ecological improvements, based on their responses to either 
discrete choice or open-ended questions regarding hypothetical resource 
improvements or programs. Such improvements may include increased 
protection of aquatic habitats or species with particular attributes.
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    \1\ For detail see ``Phase II--Large Existing Electric 
Generating Plants Response to Public Comment,'' U.S. EPA, 2004. 
Available at: http://www.epa.gov/waterscience/316b/commentph2.htm.
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    To assess public policy significance or importance of the 
ecological gains from the section 316(b) regulation for Phase III 
facilities, EPA proposes to develop a stated preference study to 
measure non-use benefits of reduced fish losses at CWIS due to the 
section 316(b) regulation. The study would focus on a broad range of 
aquatic species, including forage fish and a variety of fish species 
harvested by commercial and recreational fisherman. The estimated 
values of reducing impingement and entrainment losses of a variety of 
fish species are also of academic interest since past studies focused 
only on a few selected fish species such as salmon and striped bass. 
The findings from this study would be used in developing estimates of 
the economic benefits of the section 316(b) regulation for Phase III 
facilities. These findings would also be pertinent to economists and 
policy makers studying changes in fish populations and aquatic habitat 
improvements.
    The purpose of this information collection is to assist in the 
development of a stated preference survey that would allow estimation 
of non-use benefits from reduced impingement and entrainment 
attributable to the section 316(b) regulation for Phase III facilities. 
To assist in the development of a stated preference survey, EPA will 
conduct a series of focus groups. Such use of focus groups to assist in 
the design of stated preference surveys is well-established, as is the 
capacity of focus groups to provide insight into motivations underlying 
respondents' stated WTP values (Mitchell and Carson 1989; Desvousges et 
al. 1984; Desvousges and Smith 1988; Johnston et al. 1995). Focus 
groups are often described as ``informal sessions in which a skilled 
moderator leads a group of individuals through a discussion of specific 
topics to discover their attitudes and opinions'' (Desvousges et al. 
1984, p. 2-1, cited in Johnston et al. 1995 p. 56). Following standard 
practice, EPA will use focus groups to better understand the public's 
perceptions and attitude concerning fishery resources, to frame and 
define [CV] survey questions and to pretest draft survey questions. 
Focus groups will also be used, following advice of Mitchell and Carson 
(1989), Desvousges et al. (1984), Johnston et al. (1995), to test for 
and eliminate or reduce potential biases which may be associated with 
stated preference methodology, and to ensure that both researchers and 
respondents share interpretations of survey language and scenarios.
    EPA proposes to conduct 12 focus groups at different locations 
across the United States. The number of planned focus groups is based 
on an average number of focus groups used in prior stated preference 
studies to design a draft survey. Following generally accepted practice 
(e.g., Desvousges et al. 1984), EPA would recruit seven to nine 
individuals for each focus group. These individuals will be randomly 
selected by commercial marketing research firms from panels of focus 
group participants maintained by each firm. Participants will be asked 
to attend a focus group session and participate in a discussion of 
specific topics led by a moderator. Participation in the focus group 
sessions is voluntary. Participants will have to expend time, effort, 
and travel to participate in the focus group sessions. Following 
standard practice in marketing research, participants will be 
compensated for their time and effort. The offered compensation would 
also help to avoid the self selection bias that otherwise may result. 
To maximize the research value of the focus group sessions for stated 
preference survey design, EPA will proceed iteratively. The version of 
the focus group script available now in the ICR package will undergo 
several modifications based on findings from initial focus groups. The 
goal of subsequent modifications is to develop and refine survey 
questions to ensure greater clarity of survey questions and, as a 
result, validity of the survey responses. Modifications will also be 
tested in terms of their ability to

[[Page 68142]]

eliminate or reduce biases that may occur in surveys that have 
undergone insufficient testing and development (Mitchell and Carson 
1989). Based on the planned iterative modification of survey questions, 
the structure of subsequent draft survey instruments will depend on how 
people respond to surveys and questions in previous focus groups.
    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 in 40 CFR are listed in 40 CFR part 9.
    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 through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: EPA estimates that the public reporting and 
recordkeeping burden associated with the focus groups will average 160 
minutes per respondent. The estimated total number of respondents is 
96, producing an approximated 256 hours of total burden at a projected 
cost of $4,883. EPA estimates that there will be no capital and 
operating and maintenance cost 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.

    Dated: November 2, 2004.
Geoffrey H. Grubbs,
Director, Office of Science and Technology.
[FR Doc. 04-25942 Filed 11-22-04; 8:45 am]
BILLING CODE 6560-50-P