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.
The 316(b) Phase II rule was signed on February 16, 2004. Industry and environmental groups, and a number of States filed legal challenges to the rule. Several issues were heard by the U.S. Court of Appeals for the Second Circuit, which issued a decision on January 25, 2007 remanding portions of the rule (see Riverkeeper, Inc. v. U.S. EPA, No. 04-6692-ag(L) [2d Cir. Jan. 25, 2007]). EPA subsequently suspended the Phase II rule on July 9, 2007 and directed permit writers to continue to issue permits with 316(b) requirements developed using the permit writer's best professional judgment (BPJ). Industry groups petitioned and were granted certiorari from the Supreme Court, which issued a decision on April 1, 2009 (Entergy Corp. v. Riverkeeper, Inc., No. 07-588). EPA is currently in the process of developing a revised rule for existing facilities and expects to publish the final rule by January 14, 2014.
EPA believes that the burden estimated in this ICR is likely to represent an upper bound on the burden that the public would incur in complying with BPJ-based permitting requirements for cooling water intake structures at large existing power plants over the next three years. EPA will submit a revised ICR with the new rule that reflects its specific requirements. The revised ICR will replace this one when the new rule is promulgated.
There is a decrease of 13,500 (1%) hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This marginal change is due to the variations of the compliance schedule from year to year.
$105,220
No
No
No
No
No
Uncollected
Amelia Letnes 202 564-5627
No
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.
2060supp06 - Appendix.pdf
2060ss06.doc
Cooling Water Intake Structures Phase II Existing Facility (Renewal) - State Directors