In accordance
with 5 CFR 1320, this information collection is approved for three
years.
Inventory as of this Action
Requested
Previously Approved
10/31/2017
36 Months From Approved
08/31/2017
6,684
0
4,945
634,596
0
1,010,021
8,525,907
0
10,588,074
The purpose of this action is to
reduce impingement and entrainment of fish and other aquatic
organisms at cooling water intake structures used by certain
existing power generation and manufacturing facilities for the
withdrawal of cooling water from waters of the United States. This
rule establishes requirements under section 316(b) of the Clean
Water Act (CWA) for existing power generating facilities and
existing manufacturing and industrial facilities that are designed
to withdraw more than 2 million gallons per day (mgd) of water from
waters of the United States and use at least 25 percent of the
water they withdraw exclusively for cooling purposes. These
national requirements, which will be implemented through National
Pollutant Discharge Elimination System (NPDES) permits, apply to
the location, design, construction, and capacity of cooling water
intake structures (CWIS) at regulated facilities and provide
requirements that reflect the best technology available (BTA) for
minimizing adverse environmental impact. On April 20, 2011, EPA
published a proposed rule that included several options for
addressing these impacts. Subsequently, EPA published two Notices
of Data Availability (NODA), on June 11, 2012 and June 12, 2012,
that further clarified EPA's proposed approach. This final rule
also responds to judicial remand of aspects of the previously
promulgated Phase II and Phase III section 316(b) rules. In
addition, EPA is also responding to an earlier judicial decision by
removing from the previously promulgated Phase I new facility rule
a restoration-based compliance alternative and the associated
monitoring and demonstration requirements.
The current burden approved by
OMB for the existing ICR is 1,010,021. That is 375,425 (59%) more
hours than are being requested in this draft ICR. This decrease is
due to changes in program requirements. The currently approved ICR
is for electric generators with a design intake flow of at least 50
mgd and that were subject to the 2004 Phase II rule. Many of these
facilities have already met most of the new data collection
requirements of the revised rule. Newly affected facilities have
significantly fewer comprehensive requirements for data collection
than was required under the Phase II rule, such as less frequent
biological data collection. Further, while the overall universe of
affected facilities has increased, more facilities in the affected
universe already meet the requirements of the revised rule. The
change in burden results from final regulatory changes that require
information collection and record keeping activities.
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.