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.
table that charts list comparision
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