This collection
of information is approved. EPA is to be commended for
significantly reducing the burden on respondents from the earlier,
disapproved version of the screener survey, while enhancing the
practical utility of the data by focusing more narrowly on the
information specifically needed to identify in-scope facilities for
the Detailed Questionnaire and to generate a statistically valid
systematic stratified random sample of facilities subject to
Section 316(b). The ICR thus satisfies the requirement to reduce to
the extent practicable and appropriate the burden on persons who
shall provide information to or for the Agency, as specified in 5
CFR 1320.9(c). EPA is to be further commended for thoroughly
documenting the practical utility of the information to be
collected, as requested in the disapproval notice for the earlier
version. The disapproval notice specifically requested that EPA
provide 1) evidence that significant adverse envvironmental impacts
are occurring as a result of cooling water intake structures, 2)
evidence that point sources are not using best technology available
(BTA) to minimize such impacts, and 3) evidence that a national
regulatory approach of the type this ICR is designed to support
would be more effective at implementing the statutory requirements
than the current approach relying on site specific information,
best professional judgement of NPDES permit writers, and state
regulations tailored to local conditions and concerns. The current
ICR addresses each of these concerns. EPA has properly determined
that it would be premature to define "adverse environmental impact"
at this time for purposes of a Secion 316(b) regulation. As a
result, the agency has not provided definitive evidence of adverse
environmental impacts, but has provided evidence suggesting that
adverse impacts may be occurring. While several commenters stated
that the evidence provided by EPA is not conclusive, they generally
agreed that further study is warranted. EPA has also properly
determined that until more detailed information is collected, it
cannot state whether the point source facilities using cooling
water are using BTA to minimize adverse environmental impacts.
However, the Agency has provided evidence that some facilities may
not be using BTA. Again, some commenters stated that the evidence
is not conclusive, but agreed that further study is warranted.
Finally, EPA has conducted a review of state regulations regarding
section 316(b) and documented that there is significant variation
among state approaches. While this does not necessarily mean that
the current approach is not working, it suggests, in light of the
evidence noted above that adverse impacts may be occurring and that
some facilities may not be using BTA, that further study is
warranted. EPA has thus properly documented that the information to
be collected is necessary for the proper performance of the
functions of the Agency, including that it will have practical
utility, as required by 5 CFR 1320.9(a). They Agency has also
provided approrpriate opportunity for public comment on the revised
ICR and supporting documentation, as required under 5 CFR
1320.10(a), and in fact received a number of thoughtful
comments.
Inventory as of this Action
Requested
Previously Approved
02/28/2002
02/28/2002
2,600
0
0
25,870
0
0
8,000
0
0
The U.S. Environmental Protection
Agency ("EPA") is currently developing regulations under section
316(b) of the Clean Water Act ("CWA"), 33 U.S.C. section 1326(b).
The screener questionnaire is the first step of a two-step
regulatory information collection effort to support the section
316(b) regulatory development. Primarily, EPA will use the
information collected to design a sample frame for the detailed
industry questionnaire the EPA intends to administer after the
screener questionnaire. The respondents cover a broad spectrum of
industries.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
Industry Screener Questionnaire: Phase 1 Cooling Water Intake Structures