Cooling Water Intake Structures Phase II Existing Facility (Renewal)

Forms and Documents

Document Name	Status
2060supp04 - Appendix.pdf Supplementary Document	2010-08-25
2060ss04.doc Supporting Statement A	2010-08-25

IC Document Collections

IC ID	Document Title	Status
23760	Cooling Water Intake Structures Phase II Existing Facility (Renewal) - State Directors	Modified
180337	Cooling Water Intake Structures Phase II Existing Facility (Renewal) - Facilities	Modified

ICR Details

OMB Control No: 2040-0257	ICR Reference No: 201008-2040-001
Status: Historical Active	Previous ICR Reference No: 200705-2040-002
Agency/Subagency: EPA/OW	Agency Tracking No: 2060.04
Title: Cooling Water Intake Structures Phase II Existing Facility (Renewal)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/06/2011
	Date Received in OIRA: 08/27/2010
Terms of Clearance: As noted in the supporting statement, this ICR is intended to cover the interim period while EPA proposes and promulgates a new Section 316(b) Cooling Water Intake Structure rule for large existing power plants (revised Phase II rule). Although many of the specific national requiremetns form the previous Phase II rule have been suspended, pending completion of a new rule, this ICR authorizes collection of the types of information that permitting authorities may need to collect in order to fulfill their best professional judgment (BPJ) permitting obligations during this interim period. As noted in the ICR, it represents a reasonable upper bound estimate of the burden associated with providing information for these BPJ-based permits. This ICR does not authorize collection of information under a revised Phase II rule. EPA should submit a revised ICR as part of the development of the new rule. OMB will review the reporting and recordkeeping obligations associated with the new rule under the PRA concurrently with its review of the rule itslef under EO 12866, as specified in OMB's PRA implementing regulations.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2014	36 Months From Approved	01/31/2011
Responses	4,469	0	4,469
Time Burden (Hours)	1,023,521	0	1,240,599
Cost Burden (Dollars)	9,975,469	0	14,963,845

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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. 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.

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Authorizing Statute(s): PL: Pub.L. 92 - 500 316(b) Name of Law: Federal Water Pollution Control Act of 1972
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 35022	06/21/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 52735	08/27/2010
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Cooling Water Intake Structures Phase II Existing Facility (Renewal) - Facilities
Cooling Water Intake Structures Phase II Existing Facility (Renewal) - State Directors

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	4,469	4,469	0	0	0	0
Annual Time Burden (Hours)	1,023,521	1,240,599	0	0	-217,078	0
Annual Cost Burden (Dollars)	9,975,469	14,963,845	0	0	-4,988,376	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $114,562

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 08/27/2010

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