[Federal Register Volume 76, Number 165 (Thursday, August 25, 2011)]
[Notices]
[Pages 53123-53125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21723]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0719, FRL-9456-1]


Agency Information Collection Activities; Proposed Collection; 
Comment Request on Two Information Collection Requests

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 notice announces that EPA is planning to submit a 
request to renew two existing 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 at the beginning of 
SUPPLEMENTARY INFORMATION.

DATES: Comments must be submitted on or before October 24, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2008-0719, by one of the following methods:
     http://www.regulations.gov: Follow the online instructions 
for submitting comments.
     E-mail: [email protected] (Identify Docket ID No. EPA-HQ-
OW-2008-0719 in the subject line)
     Mail: Water Docket, Environmental Protection Agency, 
Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. 
Please include a total of three copies.
     Hand Delivery: EPA Docket Center, EPA West, Room B102, 
1301 Constitution Avenue, NW., Washington, DC 20460. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments identified by the Docket ID No. 
EPA-HQ-OW-2008-0719. EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. 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. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Amelia Letnes, State and Regional 
Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (202) 564-5627; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: For All ICRS:
    An Agency may not conduct or sponsor, and a person is not required 
to respond to 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.

How can I access the docket and/or submit comments?

    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OW-2008-0719, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Water Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 
8 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.
    Use http://www.regulations.gov to obtain a copy of the draft 
collection of information, submit or view public comments, access the 
index listing of the contents of the 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 in this document.

What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically 
solicits comments and information to enable it 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. In particular, EPA is requesting comments from 
very small businesses (those that employ less than 25) on examples of 
specific additional efforts that EPA could make to reduce the paperwork 
burden for very small businesses affected by this collection.
    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

[[Page 53124]]

to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.

What should I consider when 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 and provide specific 
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of 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 the estimate that you provide.
    5. Offer alternative ways to improve the collection activity.
    6. Make sure to submit your comments by the deadline identified 
under DATES.
    7. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

A. List of ICRS Planned To Be Submitted

    (1) Information Collection Request for Cooling Water Intake 
Structures New Facility Final Rule (Renewal); EPA ICR No. 1973.05, OMB 
Control No. 2040-0241; expiration date 12/31/2011.
    (2) National Pretreatment Program, EPA ICR Number 0002.14, OMB 
Control Number 2040-0009, expiration date 12/31/2011.

B. Individual ICRs

    (1) Information Collection Request for Cooling Water Intake 
Structures New Facility Final Rule (Renewal); EPA ICR No. 1973.05, OMB 
Control No. 2040-0241; expiration date 12/31/2011.
    Affected entities: Entities potentially 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, withdraw the water from surface waters, 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. 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. However, the New 
Facility Rule is not limited to manufacturers in these sectors; any new 
manufacturer that meets the criteria above is subject to the rule.
    Abstract: The section 316(b) New Facility Rule requires the 
collection of information from new facilities that use a CWIS and meet 
the other eligibility requirements. 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.
    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 1,620 hours per 
respondent (i.e., an annual average of 131,188 hours of burden divided 
among an anticipated annual average of 81 facilities). The State 
reporting and recordkeeping burden for the review, oversight, and 
administration of the rule is estimated to average 154 hours per 
respondent (i.e., an annual average of 7,233 hours of burden divided 
among an anticipated 47 States on average per year).
    The ICR provides a detailed explanation of the Agency's estimate, 
which is only briefly summarized here:
    Estimated total number of potential respondents: 86 facilities and 
47 States and Territories.
    Frequency of response: Annual, every 5 years.
    Estimated total average number of responses for each respondent: 
5.8 for facilities (467 annual average responses for 81 average 
facility respondents) and 8.9 for States and Territories (420 annual 
average responses for 47 average State respondents).
    Estimated total annual burden hours: 138,421 (131,188 for 
facilities and 7,233 for States and Territories).
    Estimated total annual costs: $10.6 million per year. This includes 
an estimated burden cost of $8.1 and an estimated cost of $2.5 for 
capital investment or maintenance and operational costs.
    Change in Burden: There is an increase of 20,212 hours in the total 
estimated respondent burden compared with that identified in the ICR 
currently approved by OMB. This increase is due to the addition of the 
newly built facilities, as well as the continued performance of annual 
activities by facilities that received their permit during the previous 
ICR approval periods. In addition, this ICR includes additional 
repermitting burden and costs because more facilities are entering the 
renewal phase of their permits.
    (2) National Pretreatment Program, EPA ICR Number 0002.14, OMB 
Control Number 2040-0009, expiration date 12/31/2011.
    Affected entities: Various industrial categories, publicly owned 
treatment works (POTWs), local and State governments.
    Abstract: This ICR calculates the burden and costs associated with 
managing and implementing the National Pretreatment Program as mandated 
under CWA sections 402(a) and (b) and 307(b). This ICR includes all 
existing tasks under the National Pretreatment Program, as amended by 
the EPA's Streamlining Rule.
    EPA's Office of Wastewater Management (OWM) in the Office of Water 
(OW) is responsible for the management of the pretreatment program. The 
CWA requires EPA to develop national pretreatment standards to control 
discharges from Industrial Users (IUs) into POTWs. These standards 
limit the level of certain pollutants allowed in non-domestic 
wastewater that is discharged to a POTW. EPA administers the 
pretreatment program through the NPDES permit program. Under the NPDES 
permit program, EPA may approve State or individual POTW implementation 
of the pretreatment standards at their respective levels. Data 
collected from IUs during implementation of the pretreatment program 
include the mass, frequency,

[[Page 53125]]

and content of IU discharges and IU schedules for installing 
pretreatment equipment. Data also include actual or anticipated IU 
discharges of wastes that violate pretreatment standards, have the 
potential to cause problems at the POTW, or are considered hazardous 
under the Resource Conservation and Recovery Act (RCRA). OWM uses the 
data collected under the pretreatment program to monitor and enforce 
compliance with the pretreatment regulations, as well as to authorize 
program administration at the State or local (POTW) level. States and 
POTWs applying for approval of their pretreatment programs submit data 
concerning their legal, procedural, and administrative bases for 
establishing such programs. This information may include surveys of 
IUs, local limits for pollutant concentrations, and schedules for 
completion of major project requirements. IUs and POTWs submit written 
reports to the approved State or EPA. These data may then be entered 
into the NPDES databases by the approved State or by EPA.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 73.1 
hours per respondent per year, or 18.1 hours per response.
    Estimated total number of potential respondents: 24,411 (36 States, 
1,548 POTWs and 22,827 industrial users).
    Frequency of response: On occasion, semi-annually, annually, and as 
needed.
    Estimated total average number of responses for each respondent: 
4.0.
    Estimated total annual burden hours: 1,784,568 hours.
    Estimated total annual costs: $76,773,776. This includes an 
estimated burden cost of $74,454,863 and an estimated cost of 
$2,318,913 for capital investment or maintenance and operational costs.
    Change in Burden: There is a decrease of 12,5195 (0.7%) hours in 
the total estimated respondent burden compared with that identified in 
the ICR currently approved by OMB. Most of the decrease in burden is 
attributed to the decrease in the number of SIUs. EPA revised the 
estimated number of SIUs and pretreatment programs after extensive 
consultation with the EPA regions and a thorough examination of PCS 
data. This ICR shows a shift in burden from POTWs to States as a 
consequence of EPA's updated estimates of of SIUs regulated by POTWs 
and States. However, EPA does not believe this is the result of 
programmatic changes but simply a reflection of more accurate 
information about the implementation of the pretreatment program.

What is the next step in the process for these ICRs?

    EPA will consider the comments received and amend the ICR as 
appropriate. The final ICR package will then be submitted to OMB for 
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will 
issue another Federal Register notice pursuant to 5 CFR 
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the 
opportunity to submit additional comments to OMB. If you have any 
questions about this ICR or the approval process, please contact the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: August 12, 2011.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 2011-21723 Filed 8-24-11; 8:45 am]
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