Cooling Water Intake Structures Existing Facility (Proposed Rule)

Forms and Documents

Document Name	Status
2060supp05 - Appendices.pdf Supplementary Document	2011-04-18
2060ss05.docx Supporting Statement A	2011-04-19

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: 201104-2040-001
Status: Historical Inactive	Previous ICR Reference No: 201008-2040-001
Agency/Subagency: EPA/OW	Agency Tracking No: 2060.05
Title: Cooling Water Intake Structures Existing Facility (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 11/10/2011
	Date Received in OIRA: 04/20/2011
Terms of Clearance: This ICR is not approved. It is not clear that all of the proposed reporting and recordkeeping requirements have practical utility and reduce to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, inclding small entities, as required by 5 CFR 1320.9. As it develops the final rule, EPA should carefully review the reporting and recordkeeping requirements to ensure tha they comply with all applicable provisions of the PRA and its implementing regulations.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2014	01/31/2014	08/31/2014
Responses	4,469	0	4,469
Time Burden (Hours)	1,023,521	0	1,023,521
Cost Burden (Dollars)	9,975,469	0	9,975,469

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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:
2040-AE95	Proposed rulemaking	76 FR 22174	04/20/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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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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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

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

Burden Reduction Due to:

Short Statement: This is a new rule ICR. The change in burden results from final regulatory changes that require information collection and record keeping activities.

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Annual Cost to Federal Government: $76,686

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: 04/20/2011

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