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