OMB is aware
that major portions of the final rule containing the information
collection requirements covered by this ICR have been remanded by
the US 2nd Circuit Court of Appeals, and that the remaining
portions of the rule have been stayed by EPA pending a new rule
making to address the remanded portions. In the meantime,
compliance with 316(b) permitting requirements for cooling water
intake structures at existing large power plants will be determined
on a best professional judgment (BPJ) basis by the permit writer,
rather than in accordance with the national performance standards
and procedures that were established in the remanded/stayed rule.
While noting that the bulk of the work involved in preparing this
ICR was conducted before the 2nd Circuit remand, EPA sserts that
the types of information covered in this ICR reflecting the
requirements of the rule are the same types of information that may
need to be collected in the context of BPJ permitting decisions,
although there will be more site-specific variability in the
quantity and content of information collected under the BPJ
approach. OMB finds this assertion reasonable. EPA further asserts
that it would be difficult and an unproductive use of resources to
try to estimate the exact information that will be collected and
the burden that will be involved in providing this information
under the interim BPJ permitting approach, but that this burden
will almost certainly be less than what is requested to be
authorized in this ICR, since many types of information covered by
the ICR will be collected infrequently or not at all (eg, cost-cost
and cost-benefit demonstrations, technology installation and
operation plans). OMB also finds this assertion reasonable.
Specifically, OMB agrees that the burden estimated in this ICR is
likely to represent an upper bound on the burden that will be
incurred by the public in complying with BPJ based permitting
requirements for cooling water intake structures at large existing
power plants over the next three years. Therefore, OMB is approving
this ICR as submitted to provide interim authorization for the
collection of information udner the BPJ permitting approach while
EPA conducts a new rule making to respond to the Court remand.
However, OMB expects that EPA will submit a revised ICR with the
proposed and final rules that reflects the specific requirements in
the new rule, including an appropriate and detailed estimate of
burden. That ICR will replace this one when the new rule is
promulgated.
Inventory as of this Action
Requested
Previously Approved
08/31/2010
36 Months From Approved
08/31/2007
4,469
0
2,699
1,240,599
0
1,700,392
14,963,845
0
20,999,000
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. On January 25, 2007, the
United States Court of Appeals for the Second Circuit remanded to
EPA certain provisions in the 2004 Final Regulations to Establish
Requirements for Cooling Water Intake Structures at Phase II
Existing Facilities (See Riverkeeper, Inc. v. U.S. EPA, No.
04-6692-ag(L) [2d Cir. Jan. 25, 2007]). EPA is continuing to review
the decision to determine its impact on the Phase II Rule. This ICR
does not address changes to EPA regulations as a result of the
court decision, since those revisions are not yet
finalized.
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.
2060ss03 Appendix.pdf
2060ss03.doc
Cooling Water Intake Structures Phase II Existing Facility (Renewal) - State Directors