[Federal Register Volume 78, Number 180 (Tuesday, September 17, 2013)]
[Notices]
[Pages 57150-57153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22627]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2008-0719, FRL-9901-07-OW]


Agency Information Collection Activities; Proposed Collection; 
Request for Comments on Three Proposed Information Collection Requests

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
notice announces that the Environmental Protection Agency (EPA) is 
planning to submit a request to renew three existing Information 
Collection Requests (ICRs) 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 November 18, 2013.

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.
     Email: [email protected] (Identify Docket ID No. EPA-HQ-
OW-2008-0719 in the subject line).
     Mail: Water Docket, Environmental Protection Agency, 
Mailcode: 28221T, ATTN: Docket ID EPA-HQ-OW-2008-0719, 1200 
Pennsylvania Ave. NW., Washington, DC 20460. Please include a total of 
three copies.
     Hand Delivery: EPA Docket Center, WJC West Building, Room 
3334, 1301 Constitution Avenue NW., Washington, DC 20004. ATTN: Docket 
ID  EPA-HQ-OW-2008-0719. 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 email. The 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 email comment directly to EPA without 
going through http://www.regulations.gov, your email 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: Sandra Rivera, State and Regional 
Branch, Water Permits Division, OWM Mail Code: 4203M, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; 
telephone number: (202) 564-1054; email address: [email protected].

SUPPLEMENTARY INFORMATION: 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 
www.regulations.gov, or in person viewing at the Water Docket in the 
EPA Docket Center (EPA/DC), WJC West Building, Room 3334, 1301 
Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room 
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal 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 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 to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.

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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 
Structure Phase II Existing Facilities (Renewal), EPA ICR No. 2060.05, 
OMB Control No. 2040-0257; expiration date 01/31/2014.
    (2) Information Collection Request for Cooling Water Intake 
Structures at Phase III Facilities (Renewal), EPA ICR No. 2169.03, OMB 
Control No. 2040-0268, expiration date 01/31/2014.
    (3) Information Collection Request for Animal Sectors (Renewal); 
EPA ICR No. 1989.08; OMB Control No. 2040-0250, expiration date 01/31/
2014.

B. Information on Individual ICRs

    (1) Information Collection Request for Cooling Water Intake 
Structure Phase II Existing Facilities (Renewal), EPA ICR No. 2060.05, 
OMB Control No. 2040-0257; expiration date 01/31/2014.
    Affected entities: Entities potentially affected by this action 
include existing electric power generating facilities meeting the 
applicability criteria of the 316(b) Phase II Existing Facility rule at 
40 CFR 125.91.
    Abstract: The section 316(b) Phase II Existing Facility rule 
requires the collection of information from existing point source 
facilities that generate and transmit electric power (as a primary 
activity) or generate electric power but sell it to another entity for 
transmission, use a cooling water intake structure (CWIS) that uses at 
least 25 percent of the water it withdraws from waters of the U.S. for 
cooling purposes, and have a design intake flow of 50 million gallons 
per day (MGD) or more. Section 316(b) of the Clean Water Act (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. Such impact occurs as a result of impingement (where fish and 
other aquatic life are trapped on technologies at the entrance to CWIS) 
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 316(b) Phase 
II rule establishes requirements applicable to the location, design, 
construction, and capacity of CWISs at Phase II existing facilities. 
These requirements establish the BTA for minimizing adverse 
environmental impact associated with the use of CWISs.
    The 316(b) Phase II rule was signed on February 16, 2004. Industry 
and environmental groups, and a number of States filed legal challenges 
to the rule. Several issues were heard by the U.S. Court of Appeals for 
the Second Circuit, which issued a decision on January 25, 2007 
remanding portions of the rule (see Riverkeeper, Inc. v. U.S. EPA, No. 
04-6692-ag(L) [2d Cir. Jan. 25, 2007]). EPA subsequently suspended the 
Phase II rule on July 9, 2007 and directed permit writers to continue 
to issue permits with 316(b) requirements developed using the permit 
writer's best professional judgment (BPJ). Industry groups petitioned 
and were granted certiorari from the Supreme Court, which issued a 
decision on April 1, 2009 (Entergy Corp. v. Riverkeeper, Inc., No. 07-
588). EPA is currently in the process of developing a revised rule for 
existing facilities and expects to publish the final rule by November 
4, 2013.
    EPA believes that the burden estimated in this ICR is likely to 
represent an upper bound on the burden that the public would incur in 
complying with BPJ-based permitting requirements for cooling water 
intake structures at large existing power plants over the next three 
years. EPA will submit a revised ICR with the new rule that reflects 
its specific requirements. The revised ICR will replace this one when 
the new rule is promulgated.
    Burden Statement: The annual average reporting and record keeping 
burden for the collection of information by facilities responding to 
the Section 316(b) Phase II Existing Facility rule is estimated to be 
2,046 hours per respondent (i.e., an annual average of 965,509 hours of 
burden divided among an anticipated annual average of 472 facilities). 
The State Director reporting and record keeping burden for the review, 
oversight, and administration of the rule is estimated to average 1,060 
hours per respondent (i.e., an annual average of 44,513 hours of burden 
divided among an anticipated 42 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: 548 (506 
facilities and 42 States).
    Frequency of response: Every five years, bi-annually, monthly.
    Estimated total average number of responses for each respondent: 
5.2 for facilities (2,473 annual average responses for 472 average 
facility respondents) and 58.8 for States (2,472 annual average 
responses for 42 average State respondents).
    Estimated total annual burden hours: 1,010,021 (965,509 for 
facilities and 44,513 for States).
    Estimated total annual costs: $59,478,399. This includes an 
estimated burden cost of $48,890,325 and an estimated cost of 
$10,588,074 for capital investment or maintenance and operational 
costs.
    Change in Burden: There is a decrease of 13,500 (1%) hours in the 
total estimated respondent burden compared with that identified in the 
ICR currently approved by OMB. This marginal change is due to the 
variations of the compliance schedule from year to year.
    (2) Information Collection Request for Cooling Water Intake 
Structures at Phase III Facilities (Renewal), EPA ICR No. 2169.03, OMB 
Control No. 2040-0268, expiration date 01/31/2014.
    Affected entities: Entities potentially affected by this action 
include new offshore oil and gas extraction facilities meeting the 
applicability criteria of the 316(b) Phase III Facilities at 40 CFR 
125.131.
    Abstract: The Section 316(b) regulations for Phase III facilities 
(71 FR 35006, June 16, 2006) require the collection of information from 
new offshore oil and gas extraction facilities that use a cooling water 
intake structure(s) that uses at least 25 percent of the water it 
withdraws for cooling purposes, and have a design intake flow greater 
than two (2) million gallons per day (MGD). 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 cooling water intake structure(s) 
at that facility reflect the best technology available for

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minimizing adverse environmental impact. Such impact occurs as a result 
of impingement (where fish and other aquatic life are trapped on 
structural components 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 contains requirements applicable to the location, design, 
construction, and capacity of cooling water intake structures at new 
offshore oil and gas extraction facilities. These requirements seek to 
establish the best technology available for minimizing adverse 
environmental impact associated with the use of cooling water intake 
structure(s).
    Burden Statement: The annual average burden for new offshore oil 
and gas facilities is 56,755 hours for an average of 55 facilities. 
Hence, the annual average reporting and record keeping burden for the 
collection of information by facilities responding to the Section 
316(b) Phase III rule is estimated to be 1,032 hours per respondent 
(i.e., an annual average of 56,755 hours of burden divided among an 
anticipated annual average of 55 facilities). For new offshore oil and 
gas extraction facilities, the permitting process is handled directly 
by EPA Regions 4, 6, and 10. Since this burden is incurred by the 
Federal Government rather than the States, it is not included as part 
of the burden statement for State Directors.
    Estimated total number of potential respondents: 61 facilities.
    Frequency of response: Every five years, annual, monthly.
    Estimated total average number of responses for each respondent: 
4.6 for facilities (251 annual average responses for 55 average 
facility respondents).
    Estimated total annual burden hours: 56,755 hours.
    Estimated total annual costs: $3,754,793. This includes an 
estimated labor burden cost of $2,795,603 and an estimated cost of 
$959,190 for capital investment or maintenance and operational costs.
    Change in Burden: The current approved ICR for the Section 316(b) 
Phase III new offshore oil and gas facilities estimated an annual 
average respondent burden of 34,080 hours. This ICR estimates an annual 
average respondent burden of 56,755 hours, which represents a 67 
percent increase (22,675 hours) in burden. The change in burden is 
mainly the result of the increase in the number of facilities 
performing recurring activities: this ICR includes burden for annual 
activities performed by respondents that have sought permit coverage in 
the last 6 years. As more facilities come on-line and receive permit 
coverage, more facilities have to perform these activities. This 
accounts for 22,146 additional average hours in this ICR (97.7% of the 
increase). Additional changes are the result of the continuous shift 
from the approval period to the permit implementation and renewal 
period of the Section 316(b) Phase III rule: in all three years covered 
by this ICR, facilities will be applying for a permit for the first 
time or re-applying for permit coverage that was obtained during the 
three years covered by the previous ICR. The increase of re-
applications adds 529 hours to this ICR (2.3% of the increase).
    (3) Information Collection Request for Animal Sectors (Renewal); 
EPA ICR No. 1989.08; OMB Control No. 2040-0250, expiration date 01/31/
2014.
    Affected entities: Entities potentially affected by this action are 
concentrated animal feeding operations (CAFOs) as specified in section 
502(14) of the CWA, 33 U.S.C. 1362(14) and defined in the NPDES 
regulations at 40 CFR 122.23 and a subset of facilities engaged in 
aquatic animal production defined in 40 CFR part 451.
    Abstract: This ICR covers the information collection burden imposed 
under the NPDES and ELG regulations for Concentrated Animal Feeding 
Operations (CAFO) and Concentrated Aquatic Animal Production (CAAP) 
facilities.
    On July 30, 2012, EPA published its most recent revisions to the 
NPDES CAFO regulations (77 FR 44494). These revisions were necessary as 
a result of a court decision in 2011 by the United States Court of 
Appeals for the Fifth Circuit in litigation relating to the NPDES CAFO 
permitting program (National Pork Producers Council v. EPA, 635 F.3d 
738, 756 (5th Cir. 2011)). Although the decision narrowed the scope of 
CAFOs that need to seek NPDES permit coverage, the Effluent Limitations 
Guidelines for CAFOs and other aspects of the permitting program remain 
unchanged. As a consequence, the recordkeeping and reporting 
requirements faced by those CAFOs that do seek NPDES permit coverage 
were not affected.
    The Effluent Limitations Guidelines and Standards for the 
Concentrated Aquatic Animal Production (CAAP) Point Source Category 
establish specific reporting requirements for a portion of CAAP 
facilities through NPDES permits. The rule covers facilities which are 
defined as CAAP facilities (see 40 CFR 122.24 and 40 CFR Part 122) and 
produce at least 100,000 pounds of fish per year in flow through, 
recirculating and net pen systems. The special reporting and record-
keeping requirements under the rule are the subject of this ICR. CAAP 
facility owners or operators are required to file reports with the 
permitting authority when drugs with special approvals are applied to 
the production units or a failure in the structural integrity occurs in 
the aquatic animal containment system.
    Burden Statement: The annual average reporting and record keeping 
burden for the collection of information by CAFO and CAAP facilities is 
estimated to be 125 hours per respondent (i.e., an annual average of 
2,606,066 hours of burden divided among an anticipated annual average 
of 20,915 facilities). The State Director reporting and record keeping 
burden for the review, oversight, and administration of the rule is 
estimated to average 11,538 hours per respondent (i.e., an annual 
average of 530,734 hours of burden divided among an anticipated 46 
States on average per year).
    Estimated total number of potential respondents: 21,667 (21,621 
facilities and 46 States).
    Frequency of response: varies from once to ongoing.
    Estimated total average number of responses for each respondent: 
149.5 for facilities (3,126,771 annual average responses for 20,915 
average facility respondents) and 894.8 for States (41,159 annual 
average responses for 46 average State respondents).
    Estimated total annual burden hours: 3,136,799 (2,606,066 for 
facilities and 530,734 for States).
    Estimated total annual costs: $70,924,281. This includes an 
estimated burden cost of $62,317,281 and an estimated cost of 
$8,607,000 for capital investment or maintenance and operational costs.
    Change in Burden: The current burden approved by OMB for this ICR 
is 3,273,678 hours. This updated ICR estimates a total burden that is 
136,879 hours less (4.2%) than the currently approved amount. On July 
30, 2012, EPA published its most recent revisions to the NPDES CAFO 
regulations (77 FR 44494). These revisions were necessary as a result 
of a 2011 decision by the United States Court of Appeals for the Fifth 
Circuit regarding the NPDES CAFO permitting program (National Pork 
Producers Council v. EPA, 635 F.3d 738, 756 (5th Cir. 2011)). Although 
the court decision did not alter the Effluent Limitations Guidelines 
for NPDES-permitted CAFOs or

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recordkeeping and reporting requirements faced by those CAFOs that do 
seek NPDES permit coverage, it significantly narrowed the scope of 
CAFOs that need to seek NPDES permit coverage. More specifically, the 
court vacated the requirement that CAFOs that ``discharge or proposed 
to discharge'' seek NPDES permit coverage, and ruled instead that only 
those CAFOs that experience actual discharges need permits. The 
resulting projected decline in NPDES CAFO permittees is estimated to 
cause a reduction of 636,192 hours for private respondents and 638 for 
State respondents.

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: September 9, 2013.
Andrew D. Sawyers,
Director, Office of Wastewater Management.
[FR Doc. 2013-22627 Filed 9-16-13; 8:45 am]
BILLING CODE 6560-50-P