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.
table that charts list comparision
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