## Proposed **Information Collection Request for Cooling Water Intake Structures New**  **Facility Final Rule**  **(Renew al)**  **OMB Control No.**  **2040 -**  **0241 , EPA**  **ICR No. 1973.0 5** 
July 2011

Prepared for United States Environmental Protection Agency Office of Wastewater Management 1200 Pennsylvania Avenue, NW Washington, DC 20460

EPA Contract Number EP - C - 11 - 0 09 EPA Work Assignment Number 0 - 22Draft Renewal of the New Facility Rule Information Collection Request i

**TA BLE OF CONTENTS**  1 IDENTIFICATION OF THE INFORMATION COLLECTION ................................ ............................ 3 1a Title of the Information Collection ................................ ................................ ....................... 3 1b Short Characterization/Abstract ................................ ................................ .......................... 3 2 NEED FOR AND USE OF THE COLLECTION ................................ ................................ ............... 6 2a Need/Authority for the Collection ................................ ................................ ........................ 6 2b Practical Utility/Users of the Data ................................ ................................ ....................... 6 3 NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA ....................... 7 3a Nonduplication ................................ ................................ ................................ .................... 7 3b Public Notice Required Prior to ICR Submission to OMB ................................ ................... 7 3c Consultations ................................ ................................ ................................ ...................... 8 3d Effects of Less Frequent Collection ................................ ................................ .................... 8 3e General Guidelines ................................ ................................ ................................ ............. 8 3f Confidentiality ................................ ................................ ................................ ...................... 8 3g Sensitive Q uestions ................................ ................................ ................................ ............ 8 4 THE RESPONDENTS AND THE INFORMATION REQUESTED ................................ ................... 9 4a Respondents/SIC/NAICS ................................ ................................ ................................ .... 9 4b Information Requested ................................ ................................ ................................ ...... 10 4b(i) Da ta Items, Including Record Keeping Requirements ................................ ......... 11 4b(ii) Respondent Activities ................................ ................................ .......................... 18 5 THE INFORMATION COLLECTED - AGENCY ACTIVITIES, COLLECTION, METHODOLOGY AND INFORMATION MANAGEMENT ................................ ............................. 26 5a Agency Activities ................................ ................................ ................................ ............... 26 5b Collection Methodology and Information Management ................................ .................... 26 5c Sm all Entit y F lexibility ................................ ................................ ................................ ....... 27 5d Collection Schedule ................................ ................................ ................................ .......... 27 6 ESTIMATING RESPONDENT BURDEN AND COST OF COLLECTION ................................ ..... 28 6a Estimating Respondent Burden ................................ ................................ ........................ 28 6b Estimating Respondent Costs ................................ ................................ ........................... 32 6b (i) Estimating Labor Costs ................................ ................................ ........................ 32 6b(ii) Estimating Capital and Operation and Maintenance Costs ................................ . 33 6c Estimating Agency Burden and Costs ................................ ................................ .............. 36 6d Estimating the Respondent Universe and Total Burden and Costs ................................ . 37 6e Bottom Line Burden Hours and Costs Tables ................................ ................................ .. 37 6e(i) Respondent Tally ................................ ................................ ................................ . 37 6e(ii) Agency Tally ................................ ................................ ................................ ......... 37 6f Reasons For Change In Burden ................................ ................................ ....................... 38 6g Burden Statement ................................ ................................ ................................ ............. 38 APPENDIX A Respondent Burden and Cost Analysis for the Information Collection Requirements of the

Section 316(b) New Facility Rule APPENDIX B SIC Codes for Nonutility Power Producers **LIST OF TA BLES**  Table 4 - 1. Industry Categories and SIC and NAICS Codes ................................ ................................ ........ 9 Table 5 - 1. Number of Facilities Assumed to Begin Compliance with Information Collection Requirements

Dur ing the ICR Period by Year ................................ ................................ ................................ .. 28 Table 6 - 1. Burden and Costs per Facility for NPDES Permit Application Activities ................................ . 35 Table 6 - 2. Burden and Costs per Facility for Annual Monitoring and Reporting Activities ....................... 35 Table 6 - 3. Burden and Costs per Facility for NPDES Permit Renewal Activities ................................ ..... 36 Table 6 - 4. Estimating Director Burden and Costs for Activities ................................ ................................ 36Draft Renewal of the New Facility Rule Information Collection Request ii

Table 6 - 5. Estimating Federal Burden and Costs for Activities ................................ ................................ 37 Table 6 - 6. Summary

of Average Annual Respondents, Responses, Burden, and Costs for Facilities and Directors for the 3 - Year Period Covered by this ICR ................................ ................................ 37 Table 6 - 7. Summary

of Average Annual Respondents, Responses, Burden, and Costs for Federal Agency for the 3 - Year Period Covered by this IC R ................................ ................................ .. 38Draft Renewal of the New Facility Rule Information Collection Request 3



## 1 **IDENTIFICA**

**TION OF THE INFORMA TION COLLECTION**  **1a Title of the Information Collection**  In formation Collection Request for Cooling Water Intake Structures New Facility Final Rule (Renewal) . EPA IC R Number: 1973.0 5 ; OMB Control Number: 2040 - 0241 

### 1b **Short Characterization/Abstract** The section 316(b) New Facility Rule requires the collection of information from new facilities that use cooling water intake structure s (CWI S). 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 CWI Ss at that facility reflect the best technology available (BTA) for minimizing adverse environmental impact. Such impact occurs as a result of impingement (where fis h and other aquatic life are trapped on technologies at the entrance to cooling water intake structures) and entrainment (where aquatic organisms, eggs, and larvae are taken into the cooling s ys tem, passed through the heat exchanger, and then pumped back o ut with the discharge from the facility). This rule establishes standard requirements applicable to the location, design, construction, and capacity of cooling water intake structures at new facilities. These requirements seek to minimize the adverse environmental impact associated with the use of CWI Ss. Under the rule, a new facility is defined as any building, structure, facility , or installation that meets the definition of a “ new source ” or “new discharger” in 40 CFR 122.2 and 122.29(b),(1),(2) and (4 ); commences construction after January 17, 2002 ; and uses either a newly constructed cooling water intake structure or an existing cooling water structure whose design capacity

is increased to accommodate the intake of additional cooling water (40 CFR 125 .83). According to the final rule, before a new facility is subject to this regulation it must first be a point source (i.e., be subject to a National Pollutant Discharge Elimination System (NPDES) permit) that uses or proposes to use a CWI S, has at least one cooling water intake structure that uses at least 25 percent (measured on an average monthly basis) of the water it withdraws for cooling purposes, and has a design intake flow greater than two million gallons per day (MGD). Use of a cooling water intake structure includes obtaining cooling water by any sort of contract or arrangement with an independent supplier (or multiple suppliers) of cooling water if the supplier or suppliers withdraw(s) water from waters of the United States (40 CFR 125.81). Generally , facilities that meet these criteria fall into two major groups, new power producing facilities and new manufacturing facilities. Power producers affected b y the final rule could be either utility or nonutility power producers since either ty pically have large cooling water requirements . The U.S. Environmental Protection Agency (EPA) identified four categories of manufacturing facilities that also tend to require large amounts of cooling water: paper and allied products, chemical and allied produc ts, petroleum and coal products, and primary metals (see s ection 4a). However, the New Facility Rule is not limited to manufacturers in these sectors; any new manufacturer that meets the criteria above is subject to the rule.Draft Renewal of the New Facility Rule Information Collection Request 4

The section 316(b) New Facili ty Rule requires several distinct ty pes of information collection as part of the NPDES application. In general, the information is used to identify which of the standard requirements in the final rule appl y to the facility, how the facility is meeting thes e requirements, and whether the facility is meeting the goal of minimizing adverse environmental impact . Specific data requirements that would apply to all facilities are:

 **source water physical data** for evaluation of potential impact to the water body in which the intake structure is placed  **cooling water intake structure data** consisting of intake structure design and facility water balance diagram to evaluate the potential for impingement and entrainment of aquatic organisms  **source water baseline biologica l characterization data**  that characterizes the biological community

in the vicinity

of the cooling water intake structure, along with a description of data sources and data collection procedures  **source waterbody flow data** to demonstrate compliance with the proportional flow (i.e., intake flow may

not exceed a certain proportion of source water body flow) requirements Additional data requirements would apply to facilities, depending on which of two alternative permitting tracks they

choose . Specific data re quirements that would apply to facilities choosing to comply

with the requirements of Track I are:

 **flow reduction and velocity information** to demonstrate compliance with the flow reduction and velocity

requirements  **design and construction technology plan** to demonstrate compliance with the requirement to implement technologies to minimize impingement and entrainment and maximize survival of impinged organisms Specific data requirements that would apply to facilities choosing to comply with the requirements of Track II are:

 **comprehensive demonstration study** that characterizes the source water baseline in the vicinity of the intake, characterizes operation of the cooling water intake, and confirms that proposed technologies reduce the level of impingement and entrainment mortality to a comparable level that w ould be achieved by implementing the flow reduction, velocity and technology

requirements of Track I The section 316(b) New Facility Rule also contains a provision for alternative requirements ( 40 CFR 125.85) if a requestor can demonstrate to the Director 1 that data specific to the facility 1 Director means the Regional Administrator or the State Director, as the context requires, or an authorized representative. When there is no “approved State program,” and there is an EPA administered program, “Director” means the Regional Administrator. Whe n there is an approved State program, “Director” normally means the State Director. In some circumstances, however, EPA retains the authority to take certain actions even when there is an approved State program. (For example, when EPA has issued an NPDES p ermit prior to the approval of a State program, EPA may retain jurisdiction over that permit after program approval) In such cases, the term “Director” means the Regional Administrator and not the State Director.Draft Renewal of the New Facility Rule Information Collection Request 5

indicates that compliance costs are wholl y out of proportion to the costs EPA considered in establishing the 316(b) New Facility Rule or would result in significant adverse impacts on local water resources other than impingement or entrainment, or significant adverse impacts on local energy markets. EPA anticipates that most facilities will choose to comply with either Track I or Track II. However, if a facility did request alternative requirements it is anticipated that the burden would be similar to that of Track II. In addition to the information requirements of the NPDES permit application, NPDES permits normally specify monitoring and reporting requirements to be conducted by the permitted entity . New facilities that fall within the scope of this rule are required to perform biological monitoring of impingement and entrainment, monitoring of the through - screen or through - technology velocity , and visual or remote inspections of the CWI S and any design and construction technologies . The results of each facility ’ s monitoring efforts are expected to be anal yz ed and then published yearl y in an annual status report to the permitting Director . Finally , facilities are required to maintain records of all submitted documents, s upporting materials, and monitoring results for at least three years. Authorized States were required to update their programs to be consistent with the cooling water intake requirements after they were published as final regulations . State Directors are required to also review all materials submitted to them by the facilities within the scope of the regulation, and confirm their compliance with the section 316(b) New Facility Rule . Directors are also required to work with new facilities to determine if de sign and construction technologies are necessary and appropriate to minimize adverse environmental impact. As suggested, the primary users of this information will be States authorized to administer the NPDES permitting program and EPA . It is anticipated that other government agencies, both at the State and Federal level, as well as public interest groups, private companies, and individuals will also use the data. The first ICR approval period covering ye ars 1 through 3 after promulgatio n expire d in February of 2005. The first ICR renewal period covering ye ars 4 through 6 after promulgation expire d in June of 2008. The second I CR renewal period covering ye ars 7 through 9 after promulgation expires in December of 2011. This Supporting Statement is for the third renewal ICR , covering ye ars 10 through 12 after promulgation , being submitted to OMB for re - approval of the s ection 316 (b ) New Facility

Rule information collection . For the third ICR renewal period after rule promulgation, the information collection required by the rule will involve responses from an estimated total of 8 6 facilities and 4 7 States and Territories and cost approximately $ 31.7 million (including labor costs, capital costs, and operation and maintenanc e costs), with an annual average of 1 28 respondents, 138,421 burden hours, and $ 10.6 million per year (including labor costs, capital costs, and operation and maintenance costs) . The total annual average cost (including capital costs and operation and maintenance costs) is $ 2. 5 million per year (see Exhibit A11 in Appendix A).Draft Renewal of the New Facility Rule Information Collection Request 6



## 2 **NEED FOR AN**  **D USE OF THE COLLECTION 2a**  **Need/Authority for the Collection** The section 316(b) New Facility Rule requires the collection of information from new facilities that use a cooling water intake structure . The information requirements in this I CR are necessary to ensure that new facilities are complying with the rule ’ s provisions, and thereby minimizing adverse environmental impact resulting from impingement and entrainment losses due to the withdrawal of cooling water . Section 316 was included in the Federal Water Pollution Control Act of 1972 for the express purpose of regulating thermal discharges and to address the environmental impact of cooling water intake structures . Moreover, section 316(b) is the only provision in the CWA that focuses exclusively

on water intake . Section 316(b) provides that “ [a]ny standard established pursuant to [CWA section 301] or [CWA section 306] and applicable to a point source shall require that the location, design, construction, and capacity of cooling water intake structures reflect the best technology

available for minimizing adverse environmental impact. ” The requirements of section 316(b) are closely linked to several of the core elements of the National Pollutant Discharge Elimination System (NPDES) permit program established under the CWA . Conditions implementing section 316(b) continue, under this rule, to be included in NPDES permits issued under section 402 of the CWA. 

### 2b **Practical Utility/Users of the Data**  This I CR covers information that must be submitted to permitting authorities and data that must be collected and maintained on - site by the facility . Each new facility maintains facility- level records of the measurements, diagrams , and calculations submitted to the Director, as well as the anal yt ical results of monitoring actions . Facilities use the data to:

 monitor CWI S performance  monitor the performance of design and construction technologies. Under the section 316(b) New Faci lity Rule rule, EPA and state NPDES Directors are to maintain records compiled from the regulated facilities . Much of the basic information obtained from the NPDES permit application is stored in EPA ’ s Permit Compliance Sy stem (PCS) or the Integrated Compl iance Information Sy stem (ICIS), the Agency ’ s old and modernized NPDES program databases, respectively . PCS and I CI S are used to track permit limits, permit expiration dates, monitoring data, and other data, and provide EPA with a nationwide inventory of p ermit holders . EPA Headquarters uses the information contained in PCS and IC I S databases to develop reports on permit issuance, backlog, and compliance rates . The Agency also uses the information to respond to public and Congressional inquiries, develop and guide its policies, formulate its budgets, assist States in acquiring authority for permitting programs, and manage the NPDES program to ensure national consistency in permitting . States use this permit information alongDraft Renewal of the New Facility Rule Information Collection Request 7

with the additional documentati on and the annual reports to track facility monitoring, compliance violations, and enforcement activities. Permittees must reappl y for an NPDES permit every five ye ars . The re - application process is the primary mechanism for obtaining up - to - date and new information concerning on - site conditions . Although under the final rule, new facilities provide data from self - monitoring activities in annual reports to the permitting authority , these reports are a less comprehensive information gathering process than i s the permit application process . EPA and States will use re - application data to identify

new species at risk or other potential concerns that could lead the permit writers to take the following actions:

 specify

additional permit limitations  assess compli ance with applicable standard requirements  place appropriate special conditions in permits. Environmental and citizen groups are expected to use the data collected under the final rule to independentl y assess impingement and entrainment rates for affected water bodies in their location . Inaddition, the data will be useful for the scientific community for assessing the impact of CWI Ss on recreational and commercial fisheries productivity and aquatic ecos ys tem health . 

## 3 **NONDUPLICA**

**TION, CONSUL**

**TA TIONS,**  **AN D**  **OTHER COLLECTION CRITERIA**  The following sections verify and affirm that this Information Collection Request satisfies the Office of Management and Budget ’ s data - collection guidelines, has public support, and does not duplicate another collection. 

### 3a **Nondu**

**plication** EPA has examined all other reporting requirements contained in the Cle an Water Act and 40 CFR p arts 122, 123, 124, 125, 403, 501, and 503 . The Agency also has consulted the following sources of information to determine if similar or duplicate information is available elsewhere: data collected b y offices within EPA; data, reports, and anal ys es published by other Federal agencies; reports and analy ses published b y industry; and publicly available financial information compiled by

government and private organizations . From this effort, EPA has determined that the information collection and reporting requirements considered in this I CR are not contained or duplicated in other routinel y collected documents or reports. 

### 3b **Public Notice Required Prior to ICR Submission to OMB** In compliance with the 1995 Paperwork Reduction Act (PRA), any agency developing a non rule - related ICR must solicit public co mments prior to submitting the I CR to OMB . These comments, which are used partly to determine realistic burden estimates for respondents, must be considered when completing the Supporting Statement that is submitted to OMB.Draft Renewal of the New Facility Rule Information Collection Request 8

This I CR was published in the F ederal Register (XX FR XXXX ) on XXXXXX XX , 20 1 1 . The notice included a request for comments on the content and impact of the information collection on the respondent universe . No comments were received. 

### 3c **Consultations** EPA finalized the section 316(b) New Facility Rule after conducting outreach activities and considering comments from the public and the regulated community . EPA Headquarters staff responsible for program oversight were contacted to provide revised information and data for this I CR. 

### 3d **Effe cts of Less Frequent Collection**  Permitted facilities must reappl y for NPDES permits before their existing permits expire, generall y once every

five years . The CWA prohibits NPDES permits from having terms longer than five years . Less frequent permit applic ations would not provide the permitting authority with sufficiently

current data to establish effective limitations or conditions when reissuing permits and to identify

in a timely

manner, adverse environmental impact resulting from the operation of new CW IS s . Inaddition, less frequent collection would also hinder the ability of EPA, States, and facility

operators to take advantage of technological improvements in impingement and entrainment technologies as they occur, or to track long - term trends . 

### 3e **Ge neral Guidelines**  The information collection requirements of the final rule are in accordance with the Paperwork Reduction Act guidelines at 5 CFR 1320.5(d)(2) . Requests for supplemental information for the purposes of emergency

response or enforcement acti vities are exempt from the Paperwork Reduction Act requirements. 

### 3f **Confidentiality** Applications for an NPDES permit may contain confidential business information. However, EPA does not consider the specific information being requested b y the final rule to be ty pical of confidential business or personal information . If a respondent does consider this information to be of a personal nature, the respondent may request that such information be treated as confidential . All confidential data will be handled in a ccordance with 40 CFR 122.7, 40 CFR part 2, and EPA ’ s Security Manual part III, chapter 9, dated August 9, 1976 . 

### 3g **Sensitive Questions** The section 316(b) New Facility Rule does not require respondents to divulge information pertaining to private or perso nal information, such as sexual behavior or religious beliefs . Therefore, this section is not applicable .Draft Renewal of the New Facility Rule Information Collection Request 9



## 4 **THE RESPONDENTS AN**  **D THE INFORM AT**  **ION REQUESTED**  **4a Respondents/SIC**  **/NAICS** The section 316(b) New Facility Rule defines a new facility as any building, structure, facility , or installation that meets the definition of a “new source ” or “new discharger ” in 40 CFR 122.2 and 122.29(b)(1), (2) and (4); commences construction after January 17, 2002 ; and uses either a newly constructed cooling water intake structure or an existing cooling water structure whose design capacity

is increased to accommodate the intake of additional cooling water . For a new facility to be subject to this regulation it must be a point source (i.e., be subject to a National Pollutant Discharge Elimination System (NPDES) permit) that uses or proposes to use a CWI S, has at least one cooling water intake structure that uses at least 25 percent (measured on an av erage monthly

basis) of the water it withdraws for cooling purposes, and has a design intake flow greater than two million gallons per day (MGD) . Use of a cooling water intake structure includes obtaining cooling water b y any sort of contract or arrangement with an independent supplier (or multiple suppliers) of cooling water if the supplier or suppliers withdraw(s) water from waters of the United States (40 CFR 125.81). While respondents would include any facilities that meet the applicable requirements o f the rule, EPA estimates that there are six primary industrial sectors that account for more than 99 percent of all cooling water used in the United States . The first two ty pes of facilities that use CWI Ss include traditional utilities and nonutility powe r producers . Traditional utilities and nonutility power producers that use cooling water were further limited to those plants that generate electricity b y means of steam as the thermodynamic medium (steam electric) because they are associated with large co oling water needs . Facilities in the traditional steam electric utility category are classified under Standard Industrial Classification (SI C) codes 4911 and 493 - , while nonutility power producers are classified under the major code that corresponds to the primary purpose of the facility

(e.g., the primary

code may be SI C 49 if the primary purpose of the facility is to generate electricity). EPA identified four manufacturing industries that were found to use large amounts of cooling water . These manufacturing industries are Paper and Allied Products (SI C Major Group 26), Chemical and Allied Products (SI C Major Group 28), Petroleum and Coal Products (SI C Major Group 29), and Primary

Metals (SI C Major Group 33) . SI C and NAICS Codes associated with facilities that may

use a CWI S are provided in Table 4 - 1 . A more detailed accounting of SIC and NAI CS codes for nonutility power producers is provided in Appendix B. **Table 4 -**  **1 .**  **Industry Categories and SIC and NA**  **ICS Codes**  **Respondent Industry Categories SIC Codes**  **NA IC**  **S Codes** Traditional Steam Electric Utilities SIC codes 4911 and 493 - 221111, 221112, 221113, 221119, 221121, 221122 Steam Electric Nonutility Power Producers:1) Industrial Self- Generators; and 2) Nonindustrial See Appendix B SIC Major Group 49 See Appendix B Other Industries: Agricultural production 0133 111991, 11193Draft Renewal of the New Facility Rule Information Collection Request 10

Metal mining 1011 21221 Oil and gas extraction 1311, 1321 211111, 211112 Mining and quarrying of nonmetallic minerals 1474 212391 Food and kindred products 2046, 2061, 2062, 2063, 2075, 2085 311221, 311311, 311312, 311313, 311222, 311225, 31214 Tobacco products 2141 312229, 31221 Textile mill products 2211 31321 Lum ber and wood products, except furniture 2415, 2421, 2436, 2493 321912, 321113, 321918, 321999, 321212, 321219 Paper and allied products 2611, 2621, 2631, 2676 3221, 322121, 32213, 322121, 322122, 32213, 322291 Chemical and allied products 28 -- (except 2895, 2893, 2851, and 2879) 325 - -- (except 325182, 32591, 32551, 32532) Petroleum refining and related industries 2911, 2999 32411, 324199 Rubber and miscellaneous plastics products 3011, 3069 326211, 31332, 326192, 326299 Stone, clay, glass, and concrete products 3241 32731 Prim ary metal industries 3312, 3313, 3315, 3316, 3317, 3334, 3339, 3353, 3363, 3 365, 3366 324199, 331111, 331112, 331492, 331222, 332618, 331221, 22121, 331312, 331419, 331315, 331521, 331524, 331525 Fabricated metal products, except machinery and transportation equipment 3421, 3499 332211, 337215, 332117, 332439, 33251, 332919, 339914, 332999 Industrial and commercial machinery and com puter equipment 3523, 3531 333111, 332323, 332212, 333922, 22651, 333923, 33312 Transportation equipment 3724, 3743, 3764 336412, 333911, 33651, 336416 Measuring, analyzing, and controlling instruments; photographic, medical, and optical goods; watches and clocks 3861 333315, 325992 Electric, gas, and sanitary services 4911, 4931, 4939, 4961 221111, 221112, 221113, 221119, 221121, 221122, 22121, 22133 Educational services 8221 61131 

### 4b **Information Requested** The following sections provide details on data items requested and associated activities that the section 316(b) New Facility rule require s respondents to undertake to provide this information . The two principal respondent categories are new facilities subject to the rule and NPDES program Directors (i.e. States and Tribes authorized under CWA Section 402(b) to administer the NPDES permit program, and EPA regional offices). In formation requirements for new facilities will differ depen ding on criteria established b y the rule. Certain information requirements are applicable to all new permitted facilities to which theDraft Renewal of the New Facility Rule Information Collection Request 11

rule applies. Other information requirements are based on which of two alternative permitting tracks the facility

chooses to comply

with in the rule. Since section 316(b) standards are implemented through NPDES permits, the section 316(b) New Facility

Rule affects Directors in a manner similar to other changes to NPDES program requirements . There are currentl y 4 6 States and one territory authorized under CWA Section 402(b) to implement the NPDES permit program; these new cooling water intake structure requirements potentiall y affect authorized State NPDES programs . **4b(i) Data Items, Including Record Keeping Requirements**  Dat a items required b y the rule are gathered for either record keeping or reporting purposes . There are several data items that are collected only during the ye ar(s) prior to the beginning of each permit cycle, and others that are required to be collected on an annual basis. **Reporting Requirements** The section 316(b) New Facility regulations do not require the Director to prepare or submit any reports beyond what is currentl y required of them under the NPDES program. However, Directors need to review, maintain records of, and make permitting determinations based upon all documents and reports submitted to them by new facilities. At the time a new facility submits its NPDES application (180 day s prior to operation), the rule requires the facility to sub mit information demonstrating that it is employing the best technology available for its cooling water intake structure to minimize adverse environmental impact in compliance with section 316(b) of the CWA . The information is used to identify which of the requirements in the rule apply to the facility , how the facility is meeting these requirements, and whether the facility is meeting the goal of minimizing adverse environmental impact . Four types of information are required to be included in the NPDES perm it applications for all new facilities: (1) source water phy sical data, (2) cooling water intake structure data, (3) source water baseline biological characterization data, and (4) source waterbody flow data. Additional ty

pes of information are required t o be included in the NPDES permit applications for new facilities, depending on which of two alternative permitting tracks they choose to comply with . The additional ty

pes of information required to be included in the NPDES permit applications for faciliti es choosing to compl y with the requirements of Track Iare: (1) flow reduction information, (2) velocity information, and (3) Design and Construction Technology Plan. Facilities choosing to comply with the requirements of Track II must perform a Comprehen sive Demonstration Study . The additional ty pes of information required to be included in the NPDES permit application as part of this study are: (1) an information collection proposal plan, (2) a Source Water Biological Study , (3) an evaluation of potential cooling water intake structure effects, and (4) a Verification Monitoring Plan. IN FORMAT ION REQUIREMENTS FOR ALL NEW FACILITIESDraft Renewal of the New Facility Rule Information Collection Request 12

Source Water Ph ys ical Data The final rule requires source water information to evaluate potential impact to the water body in which the intake structure is placed . Ty pically , intake structures are located offshore, at the shoreline or at the end of an approach intake canal . The intake structure would be affecting different species or life stages depending on its location in th e source water and source water ty pe . For example, intakes located at the shoreline could affect spawning and nursery areas and intake s located offshore could affect migratory routes . Inaddition, the proximity of the intake structures to sensitive aquatic ecological areas may result in potential environmental impact . Specific source water phy sical data items include:

 a narrative description and scale drawings showing the phys ical configuration of all source water bodies used b y the facility, including areal dimensions, depths, salinity and temperature regimes, and other documentation that support the determination of the water body type where each CWI S is located (40 CFR 122.21(r)(2)(i))  identification and characterization of source waterbody hydrological and geomorphological features, and methods used to conduct any ph ys ical studies to determine the intake ’ s area of influence within the waterbody and the results of such studies (40 CFR 122.21(r)(2)(ii))  locational maps (40 CFR 122.21(r)(2)(iii)). Cooling Water Intake Structure Data The section 316(b) New Facility Rule requires information on the intake structure and the facility ’ s water balance to evaluate the potential for impingement and entrainment of aquatic organisms . In formation on the design of the intake structure and its location in the water column allows EPA to evaluate which species or life stages would potentially be subject to impingement and entrainment . A diagram of the facility ’ s water balance would be used to identify the proportion of intake water used for cooling, make - up, and process water . The water balance diagram also would provide a picture of the total flow in and out of the facility, allowing EPA to evaluate compliance with the flow reduction requirements . Specific intake structure data items include:

 a narrative description of the configuration of each of the cooling water intake structures and where it is located in the water body and in the water column (40 CFR 122.21(r)(3)(i))  latitude and longitude in degrees, minutes, and se conds for each of the cooling water intake structures (40 CFR 122.21(r)(3)(ii))  a narrative description of the operation of each of the cooling water intake structures, including design intake flows, daily hours of operation, number of day s of the year in operation, and seasonal changes, if applicable (40 CFR 122.21(r)(3)(iii))  a flow distribution and water balance diagram that includes all sources of water to the facility , recirculating flows, and discharges (40 CFR 122.21(r)(3)(iv))  engineering drawings of the cooling water intake structure (40 CFR 122.21(r)(3)(v)).Draft Renewal of the New Facility Rule Information Collection Request 13

Source Water Baseline Biological Characterization Data This information is required to characterize the biological community in the vicinity

of the cooling water intake structure an d to characterize the operation of the cooling water intake structures . The Director may use this information in subsequent permit renewal proceedings to determine if the Design and Construction Technology Plan should be revised . Supporting information mus t include existing data (if available), which may be supplemented using actual field studies . Specific source water baseline biological characterization data items include:

 a list of the data that are not available and efforts made to identify sources of the data (40 CFR 122.21(r)(4)(i))  a list of species (or relevant taxa) for all life stages and their relative abundance in the vicinity of the intake (40 CFR 122.21(r)(4)(ii))  identification of the species and life stages that would be most susceptible to impingement and entrainment . Species evaluated should include the forage base as well as those most important in terms of significance to commercial and recreational fisheries . (40 CFR 122.21(r)(4)(iii))  identification and evaluation of the primary period of reproduction, larval recruitment, and period of peak abundance for relevant taxa (40 CFR 122.21(r)(4)(iv))  data representative of the seasonal and daily activities of biological organisms (for example feeding and water column migration) in the vicinity of the intake (40 CFR 122.21(r)(4)(v))  identification of all threatened , endangered, and other protected species that might be susceptible to impingement and entrainment at the intake (40 CFR 122.21(r)(4)(vi))  documentation of any public participation or consultation with Federal or State agencies undertaken in development of the plan (40 CFR 122.21(r)(4)(vii))  if the above information is supplemented with data collected using actual field studies, a description of all methods and quality assurance procedures for data collection, sampling, and anal ys is including a description of the study area; identification of the biological assemblages (including all life stages of fish and shellfish) to be sampled and/or evaluated; data collection, sampling, and anal ys i s methods . The sampling and/or data anal ys is methods used must be appropriate for a quantitative survey and based on a consideration of methods used in other biological studies performed within the same source water body . The study area should include, at a minimum, the area of influence of the cooling water intake structure. (40 CFR 122.21(r)(4)(viii)) Source Waterbody Flow Information The section 316(b) New Facility Rule requires information to demonstrate that the facility is complying with proportional flow (i.e., intake flow may not exceed a certain proportion of source water body flow) requirements . Specific source water body flow data items are:

 if the cooling water intake structure is located in a **freshwater river or stream,** the annual mean flow an d any

supporting documentation and engineering calculations to show that the cooling water intake structure meets the flow requirements (40 CFR 125.86(b)(3)(i) or 125.86(c)(1)(i))Draft Renewal of the New Facility Rule Information Collection Request 14

 if the cooling water intake structure is located in an **estuary or tidal river,**  the mean low water tidal excursion distance and any supporting documentation and engineering calculations to show that the cooling water intake structure facility meets the flow requirements (40 CFR 125.86(b)(3)(ii) or 125.86(c)(1)(ii))  if the cooli ng water intake structure is located in a **lake or reservoir,** a narrative description of the water body thermal stratification, and any s upporting documentation and engineering calculations to show that the thermal stratification will not be altered b y the total design intake flow (40 CFR 125.86(b)(3)(iii) or 125.86(c) ( (1)(iii)). ADDITIONAL INFORMATION REQUIREMENTS FOR TRACK I Flow Reduction Information The section 316(b) New Facility Rule requires information to demonstrate that the facility has reduced its flow to a level commensurate with that which can be attained by a closed - cycle recirculating cooling water s ys tem . Specific flow reduction data items include:

 a narrative description of the sy stem that has been designed to reduce flow to a level commensurate with that which can be achieved by a closed - cycle recirculating cooling water sy stem and any

engineering calculations, including documentation demonstrating that make up and blowdown flows have been minimized (40 CFR 125.86(b)(1)(i))  if the flow re duction requirement is met entirel y, or in part, b y reusing or recycling water withdrawn for cooling purposes in subsequent industrial processes, documentation that the amount of cooling water that is not reused or recycled has been minimized (40 CFR 125.8 6(b)(1)(ii)). Velocity Information The section 316(b) New Facility Rule requires information to demonstrate that the facility is complying with the requirement to meet a maximum through - screen design intake velocity of no more than 0.5 ft/s at each coolin g water intake structure . Specific velocity data items are:

 a narrative description of the design, structure, equipment, and operation used to meet the velocity requirement (40 CFR 125.86(b)(2)(i))  design calculations showing that the velocity requirement will be met at minimum ambient source water surface elevations (based on best professional judgment using available hydrological data) and maximum head loss across the screens or other device (40 CFR 125.86(b)(2)(ii)). Design and Construction Technology Plan The section 316(b) New Facility Rule requires information to demonstrate that the facility has implemented the design and construction technologies necessary to minimize impingement and entrainment and maximize survival of impinged organisms . The plan must contain information on the technologies that the facility will implement based on the results of the Source Water Biological Baseline Characterization. Specific design and construction technology plan data items include:Draft Renewal of the New Facility Rule Information Collection Request 15

 Delineation of the h ydraulic zone of influence for your CWI S ( 40 CFR 125.86(b)(4)(ii) )  a narrative description of the design and operation of the design and construction technologies, including fish - handling and return s ystems, that the facility will use to maximize the survival of those species expected to be most susceptible to impingement. This description should include species - specific information that demonstrates the efficacy of the technology

(40 CFR 125.86(b)(4)(iii)(A))  a narrative description of the design and operation of the additional design and construction technologies that the facility will use to minimize entrainment of those species expected to be the most susceptible to entrainment . This description should include species - specific information that demonstrates the e fficacy of the technology (40 CFR 125.86(b)(4)(iii)(B))  design calculations, drawings, and estimates to support the above descriptions (40 CFR 125.86(b)(4)(iii)(C)). ADDITIONAL INFORMATION REQUIREMENTS FOR TRACK II Track II Comprehensive Demonstration Study The section 316(b) New Facility Rule requires information in the form of a Comprehensive Demonstration Study

to characterize the source water baseline in the vicinity of the intake, characterize operation of the cooling water intake, and confirm that proposed technologies reduce the level of impingement and entrainment mortality to the same level that would be achieved b y implementing the flow reduction, velocity and technology

requirements of Track I . The facility

must develop and submit a plan to th e Director containing a proposal of how information will be collected to support the study . Documentation of the results of the study must also be submitted to the Director . Specific Track II comprehensive demonstration study data items include:

 a descrip tion of the proposed technologies to be evaluated in the study (40 CFR 125.86(c)(2)(iii)(A))  a list and description of any historical studies characterizing the phys ical and biological conditions in the vicinity

of the proposed or actual intakes and their relevancy to the proposed study . If the facility proposes to rel y on existing source water body data, it must be no more than 5 years old, and the facility must demonstrate that the existing data are sufficient to develop a scientifically valid estimate of potential impingement and entrainment impacts, and provide documentation showing that the data were collected using appropriate quality assurance procedures. (40 CFR 125.86(c)(2)(iii)(B))  any public participation or consultation with Federal or State agen cies undertaken in development of the plan (40 CFR 125.86(c)(2)(iii)(C))  a sampling plan for data that will be collected using actual field studies in the source water body . The sampling plan must document all methods and quality assurance procedures for data collection, sampling, and anal ys is . The proposed sampling and data analy sis methods must be appropriate for a quantitative survey and based on a consideration of methods used in other studies performed in the source water body . The sampling plan must include a description of the study area (which must include the area of influence of the cooling waterDraft Renewal of the New Facility Rule Information Collection Request 16

intake structure and at least 100 meters beyond); identification of the biological assemblages to be sampled (including all life stages of fish and shell fish); data collection, sampling, and anal ys is methods. (40 CFR 125.86(c)(2)(iii)(D))  Source Water Biological Study . This must include: o a taxonomic identification and characterization of aquatic biological resources to provide: a summary

of historic and co ntemporary aquatic biological resources; determination and description of the target populations of concern (those species of fish and shellfish and life stages that would be most susceptible to impingement and entrainment); and a description of the abundance and temporal/spatial characterization of the target populations based on the collection of multiple years of data to capture the seasonal and dail y activities (for example feeding and water column migration) in the vicinity of the cooling water intake structure (40 CFR 125.86(c)(2)(iv)(A)(1)) o an identification of all threatened and endangered species that might be susceptible to impingement and entrainment by the cooling water intake structures (40 CFR 125.86(c)(2)(iv)(A)(2)) o a description of additional chemical, water quality, and other anthropogenic stresses on the source waterbody (40 CFR 125.86(c)(2)(iv)(A)(3)).  Evaluation of Potential Cooling Water Intake Structure Effects . This must include: o calculations of the reduction in impingement mortality an d entrainment of all life stages of fish and shellfish that would need to be achieved b y the technologies the facility has selected to implement to meet requirements under Track II . To do this, the facility must determine the reduction in impingement mortality and entrainment that would be achieved b y implementing the requirements of 40 CFR 125.84(b)(1) and (2) of Track I at the site. (40 CFR 125.86(c)(2)(iv)(B)(1)) o an engineering estimate of efficacy for the proposed and/or implemented technologies in mini mizing impingement and entrainment of all life stages of fish and shellfish and to maximize survival of impinged life stages of fish and shellfish . The facility must demonstrate that the proposed technologies reduce impingement losses and entrainment of al l life stages of fish and shellfish to a comparable level to that which would be achieved by

meeting Track I requirements at that site . The efficacy projection must include a site - specific evaluation of technology suitability

for reducing impingement and entrainment based on the Source Water Biological Study . (40 CFR 125.86(c)(2)(iv)(B)(2)) o a characterization of impingement and entrainment estimates of the proposed alternative technology

based on case studies in the vicinity of the CWI S and/or site specific technology

prototy pe studies (40 CFR 125.86(c)(2)(iv)(B)(2)).  Verification Monitoring Plan . This must include, at a minimum, two years of monitoring to verify the full - scale performance of the alternative technologies . The plan must describe the frequency of monitoring, the parameters to be monitored, and the measures that the facility will take if the proposed and/or implemented technologies do not achieve a reduction in impingement and entrainment mortality for all life stages of fish and shellfish equiv alent to the level documented in the efficacy projection described above . Verification monitoring must begin at the start of operation s of the CWI S and continue for a sufficient period of time to demonstrate that the facility is reducing the level of impin gement and entrainment to theDraft Renewal of the New Facility Rule Information Collection Request 17

level documented in the Evaluation of Potential Cooling Water Intake Structure Effects (40 CFR 125.86(c)(2)(iv)(B) . (40 CFR 125.86(c)(2)(iv)(D)) ANNUAL REPORTING REQUIREMENTS In addition to the one - time reporting requirements , operators are required to provide the following information in a yearl y status report:

 biological monitoring records for each CWI S as required by 40 CFR 125.87(a) (40 CFR 125.88(b) (1 ))  velocity

and head loss monitoring records for each CWI S as required by 40 CFR 125.87(b) (40 CFR 125.88(b)(2))  records of visual or remote inspections as required in 40 CFR 125.87(c) . (40 CFR 125.88(b)(3)). RECORDKEEPI

NG REQUIREMENTS All operators of new f

acilities are required to keep records and to report information and data to the permitting authority t o show compliance with any requirements they

are subject to in the rule . Records are required to be maintained for a period of at least three ye ars from the date of permit issuance unless extended b y the request of the Director . Each operator is required to maintain records of:

 all the data used to complete the permit application and show compliance (40 CFR 125.88(a))  any supplemental information develope d under 40 CFR 125.86 (40 CFR 125.88(a))  compliance monitoring data submitted under 40 CFR 125.87 (40 CFR 125.88(a)) . The section 316(b) New Facility Rule added several items to the list of records previously maintained by

Directors for the NPDES permit program . The additional record keeping items include:

 records of all narrative descriptions, scale drawings, location maps, schematic diagrams, and engineering calculations submitted by new facilities  records of source waterbody phy sical and flow information submitted by facilities  records of source water baseline biological characterization data submitted by facilities  records of design and construction technology plans submitted by

facilities  records of comprehensive design study plans and study results submitted by

new facilities  records of source water biological studies submitted by facilities  records of evaluations of potential cooling water intake structure effects submitted by facilities  records of verification monitoring plans and monitoring results submitted by facilities  a record of all ye arl y status reports  a list of determinations made for each facility  a list of facilities required to implement design and construction technologies  a list of monitoring requirements for each s ys temDraft Renewal of the New Facility Rule Information Collection Request 18

 a list of all facilities applying for a reduction in their monitoring requirements  records of any other facility- by- facility and case - by- case decisions made by that Director under the rule. **4b(ii) Respondent A** **ctiv ities**  As mentioned above, respondents include both new facilities and NPDES permit program Directors. Their information collection activities are described below. **Permit Application Activities** All facilities will need to perform start - up activities such as: reading the rule, planning for the implementation o f the rule, and training staff to perform various tasks necessary to comply

with the rule . Activities performed during the permit application process are performed only once during each IC R period . However, these application activities are repeated again d uring the fifth ye ar of the permit cycle as part of the permit renewal process. General Information Before new facilities can begin operation of the CWI S, they must first perform several data gathering activities as part of the permit application process . Under the rule, all facilities are required to gather source water ph ys ical, flow and baseline biological characterization information and cooling water intake structure information so that the Director can evaluate potential impact to the water body in which the intake structure is placed . Activities that are required to report on source water phys ical characteristics include:

 describing and drawing the phy sical configuration of the source water body where the CWIS is located, including areal dimensio ns, depths, salinity and temperature regimes  characterizing and documenting the hydrological and geomorphological features of the source waterbody and the intake ’ s area of influence within the waterbody  creating locational maps of the source waterbody  maintaining copies of these documents as well as copies of any information used in their development for a period of three ye ars after submittal. Activities that are required to report on source waterbody flow include:

 developing a narrative describing the annual mean flow of the waterbody if the CWI S is located in a **freshwater river or stream** , the mean low water tidal excursion distance if the CWI S is located in an **estuary or tidal river** , or the waterbody thermal strati fication if the CWI S is located in a **lake or reservoir**  gathering and producing supporting documentation  performing engineering calculations  maintaining a record of pertinent documents for three ye ars after submittal. Activities that are required to report on source waterbody baseline biological characterization include:Draft Renewal of the New Facility Rule Information Collection Request 19

 collecting existing information to develop a list of species (or relevant taxa) for all life stages and their relative abundance in the vicinity of the CWI S  identifying which species and life stages would be most susceptible to impingement or entrainment  identifying and evaluating the primary period of reproduction, larval recruitment, and period of peak abundance for relevant taxa  collecting data that are representative of the seasonal and dail y activities of biological organisms (for example feeding and water column migration) in the vicinity of the CWIS  identifying all threatened and endangered species that might be susceptible to impingement and entrainment at the CWI S  documenting data that are not available and efforts made to identify sources of data  documenting public participation or consultation with Federal or State agencies  if existing data are supplemented with data collected using actual field studies, developing a narrative des cription of all methods and quality assurance procedures for data collection, sampling, and anal ys is, including a description of the study area and the biological assemblages to be sampled and/or evaluated  maintaining a cop y of the characterization and the materials required to produce it for three ye ars after submittal. Activities that are required to report on cooling water intake structure characteristics include:

 preparing a narrative description of the configuration of the CWI S and its location with in the waterbody and in the water column  measuring and documenting the latitude and longitude of the CWI S  developing a flow distribution and water balance diagram for the facility that includes all sources of water to the facility , recirculating flows, and discharges  developing a narrative that describes the operation of the CWI S, including design flows, daily hours of operation, number of day s of the year in operation, and seasonal changes if any  creating engineering drawings and locational maps in support of the CWIS descriptions mentioned  maintaining copies of these documents as well as copies of any information used in their development for a period of three ye ars after submittal. Additional Information for Track I New facilities are req

uired to gather additional information, depending on which of two alternative permitting tracks they choose . Facilities choosing to compl y with the requirements of Track I are required to gather flow reduction information, velocity information, and design and construction technology

information.Draft Renewal of the New Facility Rule Information Collection Request 20

Flow Reduction Information - Activities that are required to report on flow reduction include:

 developing a narrative description of the sy stem that has been designed to reduce the intake flow to a level commensurate with that which can be attained by a closed - cycle recirculating cooling water s ys tem  producing the necessary engineering calculations to demonstrate that the CWI S meets the flow reduction requirement  developing documentation to demonstrate that make - up and blowdown flows have been minimized  if the flow reduction requirement is met entirel y, or in part, b y reusing or recycling water withdrawn for cooling purposes in subsequent industrial processes, developing documentation that the amount of coo ling water that is not reused or recycled has been minimized  maintaining a record of pertinent documents for three ye ars after submittal. Velocity Information - Activities that are required to report on velocity include:

 developing a narrative descriptio n of the design, structure, equipment, and operation used to meet the velocity requirement  producing the necessary engineering calculations to show the velocity requirement will be met  maintaining a record of pertinent documents for three ye ars after submi ttal. Design and Construction Technology Plan - The facility

must submit information to demonstrate that it will implement design and construction technologies that meet the impingement and entrainment requirements . Activities that are required to report on design and control technology include:

 providing narrative descriptions of the design and operation of the technologies that will be used to maximize survival of those species expected to be most susceptible to impingement and minimize entrainment of those species expected to be the most susceptible to entrainment  collecting species - specific information to demonstrate the efficacy of the technology  producing the necessary design calculations, drawings, and estimates to support the narrative description s  maintaining records of all materials used to develop the narrative descriptions for a period of three ye ars after submittal. Additional Information for Track II Facilities choosing to comply with the requirements of Track II are required to gather the C omprehensive Demonstration Study , including a Source Water Biological Study, an evaluation of potential CWI S effects, and a verification monitoring plan.Draft Renewal of the New Facility Rule Information Collection Request 21

Comprehensive Demonstration Study - The facility must develop and submit a plan for a Comprehensive D emonstration Study to characterize the source water baseline in the vicinity of the cooling water intake structure, characterize operation of the cooling water intakes, and confirm that technologies proposed and/or implemented at the CWI S achieve a compara ble reduction in impingement and entrainment mortality that would be achieved were the facility to implement the flow reduction, velocity and technology

requirements of Track I . The facility must also develop and submit documentation of the results of the study . Tasks include:

 developing and submitting a plan containing a proposal for how information will be collected to support the study  developing a description of the proposed and/or implemented technologies to be evaluated in the study  developing a list and description of any historical studies characterizing the physical and biological conditions in the vicinity of the CWI S and their relevancy to the study  documenting any public participation or consultation with Federal or State agencies undertaken in development of the plan  developing a sampling plan for data that will be collected using actual field studies in the source water body, documenting all methods and quality assurance procedures for data collection, sampling, and anal ys is . The sampling plan must include a description of the study area (which must include the area of influence of the cooling water intake structure and at least 100 meters beyond); identification of the biological assemblages to be sampled (both nekton and meroplankton); data co llection, sampling, and anal ys is methods.  documenting and submitting the results of the study  maintaining records of all materials used to develop the study plan and document study results for a period of three ye ars after submittal. In documenting the re sults of the Comprehensive Demonstration Study , the facility must also develop a Source Water Biological Study to identify

chemical and biological considerations as they relate to the facility ’ s CWI S operations. Tasks include:

 identifying and characterizi ng the taxonomy of aquatic biological resources  developing a summary of historic and contemporary aquatic biological resources  determining and describing the target populations of concern (those species of fish and shellfish and life stages that would be most susceptible to impingement and entrainment)  determining and describing the abundance and temporal/spatial characterization of the target populations based on the collection of multiple years of data to capture the seasonal and daily biological activity in the vicinity of the CWI S  identifying all threatened and endangered species that might be susceptible to impingement and entrainment at the CWI S  identifying and evaluating additional chemical, water quality, and other anthropogenic stresses on the source waterbody  maintaining a cop y of the characterization and the materials required to produce it for three ye ars after submittal.Draft Renewal of the New Facility Rule Information Collection Request 22

In documenting the results of the Comprehensive Demonstration Study , the facility must also develop an evaluation of potential cooling water intake structure effects. Tasks include:

 developing a statement of the baseline against which comparative anal ys es will be made  calculating and documenting the impingement and entrainment baselines, assuming a baseline design of a once - through cooling water system and a shoreline CWI S employing a trash rack and traveling screens  developing an engineering estimate of the efficacy of proposed and/or implemented technologies in minimizing impingement and entrainment of all life stages of fish and shellfish and to maximize survival of impinged life stages of fish and shellfish, and in reducing impingement losses and entrainment of all life stages of fish and shellfish to a level comparable to those expected to be achieved b y i mplementing Track I requirements . The efficacy projection must include a site - specific evaluation of technology suitability

for reducing impingement and entrainment based on the Source Water Biological Characterization.  characterizing impingement and entrainment estimates of the alternative technology based on case studies in the vicinity of the CWIS and/or site - specific technology prototy pe studies  maintaining a cop y of the evaluation and the materials required to produce it for three ye ars after submittal. As part of the C omprehensive Demonstration Study , the facility must also develop a Verification Monitoring Plan to conduct, at a minimum, annual monitoring to verify the full - scale performance of the alternative technologies . The facility must perform verification monitoring beginning during the first year of operation of the CWI S . Tasks include:

 developing a monitoring plan, including descriptions of the frequency of monitoring, the parameters to be monitored, and the measures that the facility will take if the proposed and/or implemented technologies do not achieve a reduction in impingement and entrainment mortality for all life stages of fish and shellfish equivalent to the level documented in the efficacy projection described above  performing and document verification monitoring  maintaining copies of the Verification Monitoring Plan and verification monitoring records, along with the materials required to produce them for three ye ars after submittal. **Annual Activities** Biological Monitoring All new facilities affecte d by the rule would need to perform biological monitoring of the commercial and recreational fisheries and the forage base species identified in either the Source Water Baseline Biological Characterization or the Comprehensive Demonstration Study , for a mi nimum of two years after permit issuance . The Director may approve a request for less frequent sampling in the remaining ye ars of the permit term, following review of supporting data. Biological monitoring includes both monitoring of impingement and entrainment.Draft Renewal of the New Facility Rule Information Collection Request 23

Impingement monitoring involves collecting data on aquatic organisms trapped on the outer part of an intake structure or against screening devices during periods of cooling water withdrawal, to determine the taxa and abundance of impinged organisms. Specific monitoring tasks include:

 collecting impingement samples over a 24 - hour period no less than once per month when the CWI S is in operation  identifying and enumerating impinged organisms  performing statistical analy ses to summarize rates  maintaining records of impingement monitoring results for at least three years. Entrainment monitoring involves the collection of data on eggs, larvae, and other plankton incorporated with cooling water flow (entering and passi ng through a cooling water intake structure and into a cooling water s ys tem), to determine the taxa and abundance of entrained organisms. Specific tasks include:

 collecting entrainment samples over a 24 - hour period no less than biweekl y during the primary period of reproduction, larval recruitment, and peak meroplankton abundance when the CWI S is in operation  identifying and enumerating entrained organisms  performing statistical analy ses to summarize entrainment rates  maintaining records of entrainment mon itoring results for at least three ye ars. CWI S Operational Monitoring Under the section 316(b) New Facilities Rule, all affected facilities need to monitor the operation of their CWI Ss . The first ty pe of operational monitoring is the monitoring of the sy s tem ’ s velocity , performed during initial facility startup and thereafter at a frequency specified in the facility ’ s NPDES permit, but no less than once per quarter . The second form of operational monitoring is through either visual inspections conducted on at least a weekly basis or through the use of remote monitoring equipment . Specific operational monitoring tasks include:

 if the facility

uses intake screen s ys tems, monitoring head loss across the screens (measured at the minimum ambient source water surface elevation) and correlating the measured value with the design intake velocity  if the facility

uses devices other than intake screens, monitoring velocity at the point of entry through the device  anal yz ing data to determine if the CWI S is meeting the velocity requirements  visually

inspecting all installed technologies or, alternativel y, inspecting remote monitoring devices to confirm that the impingement and entrainment technologies are functioning as designed  maintaining records of operational monitoring results for at least three ye ars. Yearl y Status ReportDraft Renewal of the New Facility Rule Information Collection Request 24

All new facilities subject to the rule are required to prepare and submit an annual report that details compliance with requirements set b y the rule and with any additional provisions specified wi thin the permit . Preparation of the report requires:

 compiling biological monitoring records for each CWI S  compiling velocity and head loss monitoring records for each CWI S  compiling records of visual or remote inspections  maintaining a copy

of the report for a period of three years after its submission. **Director Activities** NPDES program Directors ensure the implementation of the rule . The Director should review materials submitted by

the applicant during the initial permit applicatio n process and prior to each renewal period thereafter to determine if there have been any changes in facility operations or phy sical and biological attributes of the source waterbody . An y changes should be evaluated to determine the need for additional or more stringent conditions in the permit. Section 316(b) requirements are imposed on a facility through an NPDES permit . The Director must determine, based on the information submitted by the new facility

in its permit application, the appropriate requirem ents and conditions to include in the permit based on the track (Track I or Track II) the new facility has chosen to comply

with . Specific activities include:

 anal yz ing and reviewing facility data  making determinations concerning facilities such as: o after receiving the initial permit application, Directors must determine applicable standards in 40 CFR 125.84 to apply to the new facility

and determine compliance with the applicable standards o for each subsequent permit renewal, Directors must review the app lication materials and monitoring data to determine whether additional requirements for design and construction technologies should be included in the permit if they are reasonably necessary to minimize impingement and entrainment as a result of the effect s of multiple cooling water intake structures in the same body of water; seasonal variations in the aquatic environment affected b y the cooling water intake structures controlled by

the permit; or the presence of regionally important species or threatened and endangered species o for Track II facilities, the Director may review the information collection proposal plan required b y 40 CFR 125.86(c)(2)(iii) . The facility may initiate sampling and data collection activities prior to receiving comment from the Director. o Directors must develop permit conditions that, at a minimum, include the performance standards that implement the requirements of 40 CFR 125.84(b)(1), (2), (3) and (4) or 40 CFR 125.84(c)(1), (2) and (3) . Indetermining compliance with proportional flow requirement in 40 CFR 125.84(b)(2) and (3), the Director must consider anthropogenic factors unrelated to the new facility ’ s cooling water intake structure that can influence the occurrence and location of the thermocline, includingDraft Renewal of the New Facility Rule Information Collection Request 25 source water inflows, other water withdrawals, managed water uses, wastewater discharges, and flow/level management practices. o for a facility

that chooses Track I, the Director must review the Design and Construction Technology Plan required in 40 CFR 125.84(b)(4) to e valuate the suitability and feasibility

of the technology

proposed to minimize impingement and entrainment of all life stages of fish and shellfish, or to maximize survival of impinged life stages of fish and shellfish . A condition requiring the facility t o reduce impingement and entrainment commensurate with the implementation of the technologies must be placed in the permit . In addition, the Director must consider whether more stringent conditions are reasonabl y necessary in accordance with 40 CFR 125.84( d). o for a facility

that chooses Track II, the Director must review the information submitted with the Comprehensive Demonstration Study information required in 40 CFR 125.86(c)(2), evaluate the proposed suitability for the proposed technologies at the site , and determine whether the technologies achieve a comparable level of impingement and entrainment reduction as the facility would if it complied with 40 CFR 125.84(b)(1), (2) and (4) and used a shoreline intake . A condition requiring the facility to imple ment the Technology Proposal Plan and to reduce their impingement and entrainment to the level that can be achieved by employing the implemented technologies must be placed in the permit . In addition, the Director must review the Verification Monitoring Pl an in 40 CFR 125.86(c)(2)(iv)(D) and require that the proposed monitoring be performed within the first year of operations at the facility . o Directors must determine frequency of the monitoring subject to minimum requirements . The Director may modify the mo nitoring program when the permit is reissued and during the term of the permit based on changes in phys ical or biological conditions in the vicinity

of the CWI S . The Director may require continued monitoring based on the results of the Verification Monitoring Plan in 40 CFR 125.86(c)(2)(iv)(D). o Directors must determine record keeping and reporting requirements for each facility subject to minimum requirements o Directors have the discretion to include more stringent requirements in the NPDES permits than thos e specified in the regulations if they determine that more stringent conditions are reasonabl y necessary to ensure the minimization of impingement and entrainment as a result of the effects of multiple CWI Ss in the same water body ; seasonal variations in the aquatic environment effected b y the presence of the permitted CWI S; or the presence of regionall y important species  facility

compliance tracking  record keeping for all reports, documents, and supporting materials submitted by facilities in fulfillment of their cooling water intake requirements of their NPDES permit.Draft Renewal of the New Facility Rule Information Collection Request 26



## 5 **THE INFORM AT**  **ION COLLECTED -**  **AG ENCY**  **AC TIVITIES,**  **COLLECTION, METHODOLOGY AN**  **D INFORMA TION**  **MA NA**  **GEMENT** The following sections describe EPA activities related to anal yz ing, maintaining, and distributing the information collected. 

### 5a **Agency Activities** EPA is responsible for overseeing implementation of this rule . Implementation of reporting and monitoring requirements would rel y extensively on State governments in those States that have authori zation under CWA s ection 402(b) to implement the NPDES permit program . In States that do not have NPDES permitting authority, EPA is responsible for administering the program . Under these circumstances, EPA performs the same activities as those outlined fo r Directors in s ection 4. EPA is also involved in the review of State - issued NPDES permits for compliance with section 316(b) New Facility

Regulation requirements . EPA ty pically reviews NPDES permits in the earl y stages of implementation of new regulatio ns . As such, EPA assumes that it will perform a detailed review, make comments, and follow up on comments for the 316(b) portions of State issued NPDES permits, during the three covered by this ICR. 

### 5b **Collection Methodology and Information Management** The section 316(b) New Facility Rule provides minimum requirements regarding the type of information collected . Directors of NPDES programs are primaril y responsible for determining which collection method and information management strategy is most appropriate . EPA maintains the compliance data in its Permit Compliance S ys tem (PCS) database and the Integrated Compliance Information Sy stem (ICIS) . PCS and I CI S are the national computerized management information sy stem s that automate entry , updating, and retrieval of NPDES data and tracks permit issuance, permit limits and monitoring data, and other data pertaining to facilities regulated under NPDES . This technology reduces the burden to the permitting authority of gath ering, anal yz ing, and reporting national permit and water quality data. Permitting authorities are responsible for reviewing permit applications, permits, monitoring reports, etc. to verify

the accuracy

of the data . Permitting authorities are also respons ible for entering that data into PCS /I CI S . Different authorities have different approaches for entering the data into PCS /I CI S and different approaches for checking data quality . This includes the use of coding forms, double - entry , technical review, etc . M any State s have developed State databases that are tailored to individual State needs . EPA is working on processes to provide uploads directly to PCS /I CI S from the State sy stem . Permit data can be accessed by the public in one of two way s:
 via the Freedo m of Information Act (FOIA) by submitting a request to EPA or the State.Draft Renewal of the New Facility Rule Information Collection Request 27

 via an on - line query

using EPA ’ s Envirofacts Data Warehouse and Applications website at http://www.epa.gov/enviro/index_java.html . Accessing data via Envirofacts provides a method to combine PCS /IC IS data with other EPA databases and mapping tools. 

### 5c **Small Entity Flexibility** The final rule ’ s minimum intake requirements would exclude most new small entities from the compliance requirements . As a result, the final rule is expected to af fect only a small absolute number of facilities owned by small entities . In2001, EPA estimated that over the next 20 years eleven facilities owned by small entities are projected to be subject to the final 316(b) regulation . Of these, 8 are estimated to b e electric generators , and 3 will be manufacturing facilities. EPA considers the information collection and reporting requirements to be the minimum necessary to ensure that the s ection 316(b) goal of “ minimizing adverse environmental impact ” is met . Because small entities constitute a very small share of the potentially affected facilities, providing them greater flexibility such as less frequent data collection and reporting requirements would not have a large effect on their overall burden, but coul d have an adverse impact on the effectiveness of the rule . Furthermore, because the reporting requirements differ by water type and permitting track, entities of all sizes have the flexibility to minimize their total compliance costs including the costs an d burden of information collection requirements. 

### 5d **Collection Schedule** EPA estimate d that 16 new facilities fell within the scope of the final rule during the first three ye ars after promulgation and that an additional 29 and 23 facilities fell within the scope of the rule during the first and second ICR renewal period s (years 4 - 6 , and 7 - 9 after promulgation , respectivel y) . EPA estimates that an additional 18 facilities will fall within the scope of the rule during the third IC R renewal period (years 10 - 1 2 after promulgation). The permitting process is assumed to take less than one ye ar to complete for those facilities following Track I requirements . For those facilities opting for Track II, EPA assumes it takes approximately two years for facilities with intakes drawing from freshwater sources, and three years for those facilities drawing from marine waters to complete the permitting process. EPA assumes that 10 of the facilities that began the permitting process during the second ICR renewal period will receive their permits during the third ICR renewal period and seven facilities will begin the process of renewing their permits during the third ICR renewal period. The 18 expected new facilities will undergo initial start - up activities and submit information on CWI S design . Table 5 - 1 provides the estimated implementation schedule for permit application process for these 18 facilities during the second ICR renewal period . T here are 21 new facilities that are expected to begin annual monitoring activities during the second ICR renewal period covered b y this supporting statement . Of the 21 facilities that begin annual monitoring, 10 facilities began their permit application process during the previous ICR, and 11 facilities will complete their permit applications during this second IC R renewal period . Table 5 - 1 alsoDraft Renewal of the New Facility Rule Information Collection Request 28

provides the estimated implementation schedule for monitoring activities for these facilities during the second I CR renewal period. **Table 5 -**  **1 .**  **Number of Facilities A ssumed to Begin Compliance with Information Collection**  **Requirements During the ICR Period by Year**

**Ty pe of A** **ctivity ICR Period**  **12/201 1**  **- 11/201**  **2 12/201**  **2 -** 

**11/201 3**  **12/2013 -** 

**11/201 4**  Track I Facilities Beginning the NPDES Permit Application Process 5 5 3 Track II Facilities Beginning the NPDES Permit Application Process 2 2 1 **Total Facilities Beginning the NPDES Permit Ap**  **plication Process** 7 7 4 Track I Facilities Beginning Annual Monitoring and Reporting of Operations 4 * 5 ** 5 ** Track II Facilities Beginning Annual Monitoring and Reporting of Operations 2 * 4 * 1 ** **Total Facilities Beginning A nnual Monitoring**  **and Reporting of Operations** 6 9 6 * : These 10 facilities began their permit application process during the previous ICR approval period. **: These 11 facilities will complete their permit applications during this third ICR approval period. 

## 6 **ESTIM AT**  **ING RESPONDENT BURDEN AN**  **D COST OF COLLECTION**  The following sections present rationale and results of EPA ’ s estimation of burden and costs for the implementation of the section 316(b) New Facility Rule . The burden hours and cost in this section are calculated b y first estimating the annual burden, labor cost, and other direct cost (ODC) per facility

or Director for each activity . (See Tables 6 - 1 through 6 - 5) . The number of facilities or Directors required to conduct each of the activities per ye ar are then estimated and used to calculate the yearly burden hours and costs . Not all facilities are required to conduct all the activities, and not all activities occur during all years of the ICR . The total yearl y burden hours and costs are then summed and averaged to compute the bottom line average annual burden hours and costs shown in Table 6 - 6 . See Appendix A for a more detailed calculation. 

### 6a **Estimating Respondent Burden** This section describes the burden estimates for facilities and Directors, as well as the methods used to derive them. Respond ent activities are separated into those activities associated with the NPDES permit application and those activities associated with monitoring and reporting after the permit is issued . The reason for this is that the permit cycle is every five years while ICRs must be renewed every

three years . Therefore, the application activities occur only once per facility during an ICR period, and so they are considered one - time burden for the purpose of this I CR . By contrast, the monitoring and reporting activities that occur after issuance of the permit occur on an annual basis. Facility BurdensDraft Renewal of the New Facility Rule Information Collection Request 29

In formation collection would require in - scope facilities to devote time (i.e., as measured by staff hours) and resources (e.g., copies of documents and report mailings) to produce the necessary NPDES permit applications, implementation plans, and annual status reports . EPA expects that facility employees, including managers, engineers, engineering technicians, statisticians, draftsmen, and clerical staff, will devote time to ward gathering, preparing, and submitting the various documents . To develop representative profiles of each employee ’ s relative contribution, EPA assumed burden estimates that reflect the staffing and expertise typically found in manufacturing facilities and power generating plants . Indoing this, EPA considered the time and qualifications necessary

to complete a variety of tasks: reviewing instructions, planning responses, researching data sources, gathering and anal yz ing data, typing or writing the inform ation requested, reviewing results, conferring with permitting authorities and expert consultants, and sending documents. EPA anticipates that facilities will use the contracted services to perform many of their required sampling and anal y sis tasks . The contracted staff is likely to include project managers, biologists, statisticians, and biological technicians. The work done by these contracted employees will be done on - site on a regular basis . Therefore, the hourly burdens associated with their work are included in the overall burden estimates for each facility . For each activity

burden assumption, EPA selected time estimates to reflect the expected effort necessary to carry out these activities under normal conditions and reasonable labor efficiency rates . EPA assumed that the majority of the actual work performed b y facility staff, such as researching, collecting, and anal yz ing data, as well as writing the documents, will be carried out by junior technical staff

. Burdens associated with managerial and senior engineering staff include time for actions such as occasional or seasonal visits to supervise sampling efforts, as well as periodic review of lab results and documentation . EPA assumed that the facilities will employ a drafter to perform computer ai ded drafting (CAD) operations . For contracted employees, EPA assumes that the majority of the work will be carried out by the biologists and the biological technicians. Tables 6 - 1 and 6 - 2 provide a summary of the hourly

burden estimates for facilities performing the NPDES permit application, annual monitoring, and annual reporting activities associated with the final rule. For a more detailed presentation of hourly burdens for facilities see Exhibits A.1 and A.2 in Appendix A. The activities listed in the first column of both Tables 6 - 1 and 6 - 2 correspond to the facility respondent activities outlined earlier in s ection 4b(ii) . Start - up burden includes reading the published regulations, sample permits, and any guidance materials associated with the rule; d etermining the required staff and resources necessary to successfully

complete the application process and meet all annual monitoring and reporting requirement s ; and training staff to perform tasks that they

would not be required to conduct if the rule were not implemented. General information activities refer to the development and submittal of documentation on source waterbody characteristics and CWI S location and design.Draft Renewal of the New Facility Rule Information Collection Request 30

As part of the permit application process, facilities will demonstrate compliance with the proportional flow (i.e., intake flow may not exceed a certain proportion of source water body flow) requirements . Facilities will also collect Source Water Baseline Biological Characterization Data to evaluate the condition of the biological community prior to operation of the new facility

and prior to each permit renewal application . The level of effort needed for the study may vary considerably

from one facility

to another, depending on the availability of existing background information and the characteristics of the waterbody that the CWI S will be located in . For the purpose of developing the ICR cost and burden estimates, it is assumed that there is sufficient existing data for facilities to develop a baseline characterization of the contributi ng waterbody ’ s biological community . If a facility

chooses Track Ifor meeting its permit obligations, the facility also needs to comply with flow reduction, velocity and technology

requirements . Under the final rule, new facilities choosing Track I must provide information to the permitting authority demonstrating that they are in compliance with the flow reduction, velocity and technology

requirements that are applicable to their CWI Ss . The facility hourl y burdens for demonstrating compliance with these requirements include developing and submitting narrative descriptions, supporting documentation, and engineering calculations . Facility burden for Design and Construction Technology

Plans is comparable to the burden for demonstrating compliance with one o f the CWI S requirements. Under Track II, the Comprehensive Demonstration Study evaluates the condition of the biological community

prior to operation of the new facility and prior to each permit renewal application . The study entails plan development, a s ource water biological study , projections of anticipated impacts, and verification monitoring. As with the source water baseline biological characterization, the required effort level for the Track II source water biological study is likel y to vary conside rably

depending on the availability of existing data and the complexity of the habitat that the CWI S will be located in. For the purpose of developing the ICR cost and burden estimates it is assumed that each Track II facility will perform sampling to dev elop the Source Water Biological Study for the Comprehensive Demonstration Study . The sampling required for the study is expected to take two years for facilities with intakes drawing from freshwater sources, and three years for facilities drawing from marine sources . Therefore, the entire application process can take up to three ye ars to complete . EPA assumes that start - up activities and general information activities are accomplished during the first year of the permitting process . The Source Water Biolog ical Study activities will be performed over the three years prior to the issuance of the NPDES permit to Track II facilities . The study to evaluate CWI S impacts will be conducted the year just prior to operation of the CWI S to allow the facility time to i ncorporate information from the Source Water Biological Study

already underway . For those Track II facilities beginning operation during the first year of the I CR period, EPA assumes that they do not actually

begin operating the CWI S until the end of the year, allowing them enough time to conduct the pilot study . EPA anticipates that start - up, general information, and the Track I activities will be performed b y facility staff. For those facilities taking Track II, EPA assumes that the sampling and statisti calDraft Renewal of the New Facility Rule Information Collection Request 31

anal ys es will be conducted by the contracted employees, although some of the taxonomic identification, enumeration, and characterization will be performed b y a sub - contracted laboratory . After both Track I and II facilities receive their NPDES permit s and commence operations, they have annual monitoring and reporting requirements as well . Velocity monitoring and the inspection of installed technology will be carried out by

facility staff . For impingement and entrainment monitoring, EPA assumes that th e actual monitoring will be conducted b y the contracted employees, while the facility manager and junior technical staff will spend some time reviewing the results in preparation for the ye arl y status report. In the first year of permitted operation, Trac k II facilities are required to use impingement and entrainment monitoring data to perform a verification study , confirming that the CWI S technology

is achieving impingement and entrainment rates commensurate to that obtained through closed - cycle recirculation technology . EPA assumes that each year approximately 25% of the Verification Studies will show that the facilities have not achieved the required impingement and entrainment level that they predicted in their Comprehensive Demonstration Studies . As a result, EPA assumes that these facilities will take measures to improve their impingement and entrainment rates and submit another Verification Study the following year. Approval periods for ICRs are for three ye ars while NPDES permits are renewed on a fi ve ye ar cycle . Due to the shorter time frame for the ICR approval period, there were no permit renewals during the first I CR approval period . However, EPA anticipate d that seven previously permitted facilities renew ed their permits during the second ICR renewal period and ten currently permitted facilities will renew their permits during the second ICR renewal period. EPA assumes that for Track I facilities, all of the activities performed during the initial permitting process would be repeated for the perm it renewal . Track II facilities will need to revise their Comprehensive Demonstration Study and repeat the Sourcewater Baseline Characterization Study . They

do not have to perform another Evaluation of Cooling Water Intake Structure Effects or Verification Monitoring Plan . EPA anticipates that the level of effort required to repeat many of these tasks will be considerabl y less than what was initially required . Facilities will be able to rel y on much of the information gathered during the first permitting process . As a result the hourly

burden estimates for activities are assumed to be 50% to 70 % less than those for the initial permitting process. Table 6 - 3 provides a summary of the hourl y burden estimates for facilities performing the NPDES permit renewal ac tivities associated with the rule . For a more detailed presentation of hourly burdens for facilities see Exhibit A.12 in Appendix A.Draft Renewal of the New Facility Rule Information Collection Request 32

Director Burdens Each Director ’ s actual burden associated with reviewing submitted materials, writing permits, and tracking compliance will depend on the number of new in - scope facilities that will be built in the Director ’ s State during the ICR period . EPA expects that State senior technical, junior technical, and clerical staff will devote time toward gathering, prep aring, and submitting the various documents . EPA assumed burden estimates that reflect the staffing and expertise used by States for the NPDES permit administration process . Indoing this, EPA considered the time and qualifications necessary

to complete various tasks such as: reviewing submitted documents and supporting materials, verifying data sources, planning responses, determining specific permit requirements, writing the actual permit, conferring with facilities and the interested public, and entering the permit information into the PCS /I CIS database s . Table 6 - 4 provides a summary of the hourly

burden estimates for Directors performing various activities associated with the final rule . EPA assumes that the directors will spend a significant amount of time reviewing the Sourcewater Biological Characterization Data . The additional effort devoted to reviewing the study is due to the fact that the studies cover three years worth of data collected at the site . For a more detailed presentation of Director hourl y burdens see Exhibits A.3 and A.13 in Appendix A. 

### 6b **Estimating Respondent Costs** This section describes the cost estimates for facilities and Directors, as well as the methods used to derive them. **6b(i) Estimating Labor Costs**  The costs to the responde nt facilities associated with these time commitments can be estimated by multiplying the time spent in each labor category by an appropriatel y loaded hourl y wage rate . All base wage rates used for facility labor categories were derived from the Bureau of L abor Statistic ’ s (BL S) Occupational Employment and Wages, 200 9 2

. These reported labor rates were based upon data from June 200 9 , and required adjustment for inflation . In flation factors ranging from 1.0 % to 1.6 %, depending on the labor category , were derived from the BL S Employ ment Cost Index 3 for adjusting the Occupational Employment and Wages, 20 10 labor rates to reflect labor rates as of March of 20 10 . C ompensatory loading factors ranging from 3 9 % or 5 0 %, dep ending on the labor category , were used to account for any paid leave, supplemental pay , insurance, retirement and savings, and required and non - required benefits received b y employees 4

. EPA assumed an additional loading factor of 15% to account for general overhead costs directly

attributable to facility

employees performing work in support of the permit process . Expenses for contracted employees, ty picall y include higher overhead costs, as well as fee s to ensure profit for the contracting company . EPA ass umes that the overhead for the contracted employees will be 50% and the fee will be 8%.

2 BLS Occupational Employment and Wages , 20 09, http://www.bls.gov/news.release/pdf/ocwage.pdf 3 BLS Employment Cost Index, http://www.bls.gov/web/echistrynaics.pdf 4 Com pensation factors are from the BLS Employment Cost Trends Tables 4 and 10 as of December 2009. http://stats.bls.gov/news.release/e cec.t04.htm and http://stats.bls.gov/news.release/ecec.t10.htmDraft Renewal of the New Facility Rule Information Collection Request 33

To represent the base labor rate for facility management, EPA used the median engineering manager in management occupations of $ 56.25 per hour . After adjusting this rate for inflation, compensation, and overhead the rate is $ 98.80 per hour . The median wage of $ 23.54 per hour for an engineering technician was used to represent the base labor rate junior technical staff . After adjusting for inflation and other factors this labor rate was $ 41.40 per hour . The median annual salary for a drafter performing CAD work was reported to be $ 21.92 per hour, and after adjusting and loading the rate it is $ 38.50 . The reported median wage for clerical workers was $ 13.32 per hour and the full y adjusted and loaded hourl y rate is $ 23.30 per hour. The base labor rate for a contracted manager of monitoring work done on - site is assume d to be for the median natural science manager in management occupations , with a fully loaded rate of $ 125.40 per hour . The median wage for a statistician was $ 35.10 per hour , with an adjusted hourly rate of $ 79.60 per hour . Biologists and biological technicians have an average hourl y pay of $ 28.30 and $ 19.61 , and a fully loaded rate of $ 63.70 and $ 44.60 , respectively . Director Labor Costs For Director costs, all of the base labor rates and compensation factors were derived from published employ

ment cost trends for State and local government workers for the second quarter of 200 9 5

. These labor rates were ad justed to reflect labor rates for March 20 10 6

. EPA chose the BL S labor category

of white - collar General Operations Manager to represent the senior administrative and technical staff that will oversee and manage the NPDES permit program . The base hourl y rat e for this category was approximately

$ 42.77 per hour, and after adjusting for compensation and inflation it is $ 72.70 per hour . Similarly, EPA chose the BL S labor category of mechanical engineering technician to represent the junior technical staff that E PA expects to perform the majority

of the actual NPDES permitting work . The reported base pay for this category was approximately

$ 23.25 per hour, which becomes $ 39.50 per hour after being adjusted for compensation, overhead, and inflation . The hourl y wage for State government clerical workers was $ 14.63 per hour before adjustment, and $ 27.90 afterward. **6b(ii) Estimating Capital and Operation and Maintenance Costs**  Facility O&M Costs A facility incurs capital/start - up costs when it purchases equipment or builds structures that are needed for compliance with the rule ’ s reporting and record keeping requirements that the facility will not use otherwise . EPA assumed that some facilities would incur capital/startup costs as a result of this rule. A facility incurs operation and maintenance (O&M) costs when it uses services, materials, or supplies needed to comply with the rule ’ s reporting and record keeping requirements that the facility will not use otherwise . An y cost for the operation and upkeep of capital equipment is considered O&M costs . Another type of O&M cost is for the purchase of contracted services such as laboratory

anal ys es . The purchase of supplies such as filing cabinets and services such as

5 May 2009 National Industry - Specific Occupationa l Em ployment and Wage Estimates, http://www.bls.gov/oes/current/naics3_999000.htm 6 BLS Employment Cost Index , http://www.bls.gov/web/echistryna ics.pdfDraft Renewal of the New Facility Rule Information Collection Request 34

photocopying or boat rental, are also considered O&M costs, and are referred to as other direct costs (ODCs). EPA assumes that samples taken for the Source Water Baseline Biological Characterization Study will be anal yz ed by

a contracted laboratory . The outside laboratories will perform taxonomic classification, data tabulation, and then deliver the data back to the facility. For the two to three years of monitoring required b y the Source Water Baseline Biological Characterization Study, this service is estimated to cost $ 84 , 4 00 for facilities located adjacent to freshwater waterbodies and $ 1 64 , 6 00 for facilities drawing from either estuaries, oceans, or the Great Lakes. For the evaluation of CWIS effects, EPA anticipates that facilities will perform pilot studies to determine the effectiveness of the techn ology they will be using to minimize impingement and entrainment . EPA assumes that the facility will be willing to spend approximately 10% of the anticipated costs of installing and operating the proposed technology . For costing purposes, EPA is assuming that a pilot study will be performed using a Gunderboom s ys tem . The range of costs for a floating Gunderboom sy stem for a 150 MGD intake structure is $1.8 to $2.5 million in capital costs, and $150 to $300 thousand in annual O&M costs (Campbell, George, & S trong, 2001) . Using 10% of the high end of this range, and adjusting for inflation, EPA estimates the Track II facility

spends $2 85 ,000 to purchase and install a pilot Gunderboom sy stem, and $3 5 , 5 00 to operate and maintain it for the study . EPA assumes the pilot study impingement samples will be anal yz ed on - site by the biologists due to the difficulty of preserving impingement samples for shipment to an outside laboratory . Entrainment analy sis of pilot study monitoring samples will be performed b y an outsid e laboratory , at a cost of $ 6 , 5 00 for facilities drawing from freshwater, and $ 8 , 4 00 for facilities drawing from estuaries and the Great Lakes. For visual inspections, EPA assumes that the Track Ifacilities will employ remote monitoring devices to monito r the equipment performance . The cost for the remote monitoring device includes $33,250 (Haught and Panguluri, 1998) for purchase of equipment and $16,750 for instal lation and testing of equipment, for an adjusted total of $58,000. For annual O&M costs, E PA assumes again that the anal ys is of impingement monitoring samples will be done on - site, while entrainment monitoring samples will be performed b y an outside laboratory . Entrainment samples are estimated to cost $ 8,400 per year for freshwater facilities, and an estimated $ 11,000 per ye ar for facilities drawing from estuaries or the Great Lakes. In general, the labor costs and O&M costs reported in this analy sis are assumed to represent ty pical average national cost estimates that are likely to be incurre d by

new facilities and b y permitting autho rities . EPA attempted to take into account various factors such as decreases in labor efficiency

that occur during extreme climate conditions, equipment down time, and the occasional sample that might need to be replaced because it was lost or spoiled during transport . The Tables 6 - 1 and 6 - 2 provide a summary of both the estimated labor costs and ODCs per facility . For a more detailed presentation of all compliance costs for facilities see Exhibits A.1 and A.2 in Appendix A.Draft Renewal of the New Facility Rule Information Collection Request 35

**Table 6 -**  **1 .**  **Burden and Costs per Facility for NPDES Permit A pplication A** **ctivities Activities**  **Burden (hrs)**  **Labor**

**Cost ($) ODC ($)**  Start - up Activities 43 $2,759 $55 General Information Activities 146 $7,072 $540 CW IS Flow Requirement 104 $4,330 $110 Source W ater Baseline Biological Characterization 265 $14,687 $810 CW IS Velocity Requirement (Track I) 138 $7,001 $1,080 CW IS Flow Reduction Requirement (Track I) 108 $4,877 $435 Design and Construction Technology Plan (Track I) 108 $5,666 $55 Comprehensive Study Plan (Track II) 271 $15,869 $810 Source W ater Biological Characterization - Freshwater (Track II)* 5,196 $301,013 $5,600 Source W ater Biological Characterization - Estuar y & Great Lake (Track II)* 9,368 $529,677 $14,100 Evaluation of Potential CWI S Effects - Freshwater (Track II)* 1,626 $104,021 $1,100 Evaluation of Potential CWI S Effects - Estuary & Great Lake (Track II)* 1,950 $121,414 $1,100 Verification Monitoring Plan 128 $7,660 $435 *This activity also has contracted service costs associated with it **Table 6 -**  **2 .**  **Burden and Costs per Facility for A nnual Monitoring and Reporting A** **ctivities Activities**  **Burden (hrs)**  **Labor**

**Cost ($) ODC ($)**  Verification Monitoring - Freshwater (Track II) 92 $6,678 $540 Verification Monitoring - Estuary (Track II) 122 $8,930 $540 Initial Biological Monitoring (impingement) Freshwater 379 $22,769 $540 Reduced Biological Monitoring (impingement) Freshwater 191 11507.8 270 Initial Biological Monitoring (entrainment)Freshwater* 482 $28,952 $705 Reduced Biological Monitoring (entrainment)Freshwater* 244 $14,728 353 Initial Biological Monitoring (impingement) Estuary 614 $37,389 1080 Reduced Biological Monitoring (impingement) Estuar y 308 $18,778 540 Initial Biological Monitoring (entrainment) Estuary* 776 $46,689 1245 Reduced Biological Monitoring (entrainment) Estuar y* 392 $23,616 622.5 Velocity Monitoring 163 $7,005 $110 Visual Inspection of CWI S Technology 253 $11,988 $110 Yearly Status Report Activities 348 $23,121 $810 *This activity also has contracted service costs associated with it.Draft Renewal of the New Facility Rule Information Collection Request 36

**Table 6 -**  **3 .**  **Burden and Costs per Facility for NPDES Permit Renewal A ctivities**  **Activities Burden**  **(hrs) Labor** 

**Cost ($) ODC ($)**  Start - up Activities 13 $883 $55 General Information Activities 72 $3,726 $540 CW IS Flow Requirement 31 $1,272 $110 Source W ater Baseline Biological Characterization 79 $4,447 $810 CW IS Velocity Requirement (Track I) 75 $3,749 $1,080 CW IS Flow Reduction Requirement (Track I) 108 $4,877 $435 Design and Construction Technology Plan (Track I) 43 $2,240 $55 Comprehensive Study Plan (Track II) 80 $4,626 $810 Source W ater Biological Characterization - Freshwater (Track II)* 2,808 $158,111 $3,400 Source W ater Biological Characterization - Estuar y & Great Lake (Track II)* 5,268 $292,142 $8,400 *This activity also has contracted service costs associated with it. Director O&M Costs EPA does not anticipate any operation and maintenance costs for Directors under this rule . Table 6 - 4 provides estimates of Director ODCs and labor costs . For a more detailed explanation of Director costs see Exhibit A.3. **Table 6 -**  **4 .**  **Estimating Director Bur den and Costs for A** **ctivities Activities**  **Burden (hrs)**  **Labor**

**Cost ($) ODC ($)**  Director Permit Issuance Activities for Track I Facility 188 $10,180 $325 Director Permit Issuance Activities for Track II Facility 646 $41,485 $325 Verification Study Review (per Facility) 21 $1,017 $55 Annual Director Activities (per Facility) 50 $2,461 $55 Director Repermitting Activities for Track I Facility 55 $3,054 $325 Director Repermitting Activities for Track II Facility 143 $8,999 $325 

### 6c **Estimating Agency Burden and Costs**  As mentioned previously, there are 4 7 States and Territories authorized to administer the NPDES permitting program . For new in - scope facilities applying for permits in the 9 unauthorized States and Territories, EPA will incur the costs and burdens similar to those incurred b y States with permitting authority . This analy sis, however, assumes that facilities complyingwith the rule during the IC R period will be in NPDES authori zed States. EPA ty picall y reviews NPDES permits in the early stages of implementation of new regulations . Based on historical reports submitted for 316(b) demonstrations, EPA assumes that it will take approximately

3 0 hours to perform a detailed review, make comments, and follow up on comments for the 316(b) portions of a State issued NPDES permit . Table 6 - 5 summarizes Federal burden and cost estimates . Further detail is provided in Exhibit A.4.Draft Renewal of the New Facility Rule Information Collection Request 37

**Table 6 -**  **5 .**  **Estimating Federal Burden and Costs for A** **ctivities Activities**  **Burden (hrs)**  **Labor**

**Cost ($) ODC($)**  Federal Permit Program Oversight Activities for Track I Permitted Facility 28 $1,348 $55 Federal Permit Program Oversight Activities for Track II Permitted Facility 42 $2,067 $55 

### 6d **Estimating the Respondent Universe and Total Burden and Costs**  During the three ye ars of the second ICR renewal p eriod, there are an estimated 68 facilities along with 4 7 States and Territories that the section 316(b) New Facility Rule will affect . The rule would require each respondent to comply with one or more provisions . Inturn, each provision has numerous activities associated with it . Exhibits A.5 and A.6 in Appendi x A provide an estimate of the number of respondents and responses expected for each provision of the rule during each ye ar covered b y this ICR . The annual estimates are based on the compliance schedule used to estimate the cost of the final rule . Inaddit ion, Exhibits A.7 - A.10 provide a summary of the respondent burdens and costs for each year covered b y this I CR . These estimates were calculated b y multiplying facility and Director level burden and cost estimates in A.1 - A.3 by the number of respondents in A.5. 

### 6e **Bottom Line Burden Hours and Costs Tables** This section provides a description of bottom line data collection and record keeping burden and cost estimates for implementation of the final rule. **6e(i) Respondent Tally**  The bottom line burden hours and costs for facilities and Directors are the total annual hours and costs collectivel y incurred for all activities during the 3 - ye ar period covered by this ICR. Table 6 - 6 provides a summary

of the average annual number of res pondents, burden hours, and costs . A more detailed summary can be found in Exhibit A.11. **Table 6 -**  **6 .**  **Summary of A verage A**  **nnual Respondents, Responses, Burden, and Costs for Facilities and Directors for the**  **3 -** **Year Period Covered by this ICR Av**  **erage An**  **nual Respondents** * **Av erage** 

**An nual**  **Burden (hours)**  **Av erage** 

**An nual**  **Labor Costs**  **( 2010**  **$) Av**  **erage**

**An nual**  **Capital Costs**  **( 2010**  **$) Av**  **erage**

**An nual**  **O&M Costs**  **( 2010**  **$) Total** 

**Av erage**  **An nual**  **Costs (**  **2010 $)**  Facilities* 81 131,188 $7,663,444 $1,021,223 $1,493,118 $10,177,785 State Directors 47 7,233 $398,027 $0 $6,327 $404,354 Totals **128 138,421**  **$8,061,471 $1,021,223**  **$1,499,445 $10,582,139**  * Facilities for each year are 53 , 60 , and 68 (1 81 /3= 60.33 ) . State Director for each year is 46 **6e(ii) Ag**  **ency Tally**  The bottom line burden hours and costs for the Federal agency are the total annual hours and costs collectivel y incurred for all activities during the period covered b y this I CR . Table 6 - 7Draft Renewal of the New Facility Rule Information Collection Request 38

provides a summary

of the average annual agency burden hours, and costs . A more detailed summary can be found in Exhibit A.11. **Table 6 -**  **7 .**  **Summary of A verage A**  **nnual Respondents, Responses, Burden, and Costs for Federal Ag**  **ency for the 3**  **- Year**  **Period Covered by this ICR**  **Av erage A**  **nnual Burden (hours)**  **Av erage A**  **nnual**

**L abor Costs**  **(20 10**  **$) Av**  **erage A nnual** 

**O&M Costs**  **(20 10**  **$) Total A**  **verage An**  **nu al Costs**  **(20 10**  **$)** Agency Totals 220 $10,710 $385 $11,095 

### 6f **Reasons For Change In Burden** The respondent average annual burden increased by 20,212 hours ( from 118,209 to 138,421 hours ) which represents a 17 % increase and the total average annual number of respondents increased by

22 ( from 106 to 1 28 ) respondents, for a 20.8 % increase . The increase is due to:

 A ddition of the newly built facilities: 21 new facilities are anticipated to file initial permit application. Activities related to these initial permit application s account for 1,037 hours for facilities and 194 for directors over the previous I CR estimate.  Continued performance of annual activities by facilities that received the ir permit during previous I CR periods: As more facilities are permitted, more facilities are required to perform annual activities. Activities related to these recurring activities account for 4,702 hours for facilities and 1,067 hours for directors over the previous I CR estimate.  Re - permitting burdens: more facilities are entering the renewal phase of their permits (i.e., 5 years after the last permit was issued). Activities related to these re - permitting activities account for 12,366 hours for facilitie s and 848 hours for directors over the previous I CR estimate 

### 6g **Burden Statement** The annual average reporting and record keeping burden for the collection of information by facilities responding to the section 316(b) New Facility Rule is estimated to be 1, 620 hours per respondent (i.e., an annual average of 131,188 hours of burden divided among an anticipated annual average of 81 facilities) . The Director reporting and record keeping burden for the review, oversight, and administration of the rule is estimated to average 15 4 hours per respondent (i.e., an annual average of 7, 233 hours of burden divided among an anticipated 47 States on average per year ) . Burden means the total time, effort, or financial resources expended b y persons to generate, maintain, or disclose or provide information to or for a Federal agency . This includes the time needed to review instructions; develop, acquire, install, and utilize technology and s ys tems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing way s to comply with any previousl y applicabl e instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose information . An agency may not conduct or spon sor, and a person is not required to respond to, a collection of information unless it displaysDraft Renewal of the New Facility Rule Information Collection Request 39

a currently

valid OMB control number . The OMB control number for EPA ’ s regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. To comment on EPA ’ s need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, the Agency has established a public docket for this ICR under Docket ID N o. EPA - HQ - OW - 2004 - 0027, which is available for public viewing at the Water Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p .m., Monday

through Friday , excluding legal holiday s. The telephone number for the Reading Room is 202 - 566 - 1744, and the telephone number for the Water Docket is 202 - 566 - 2426. An electronic version of the public docket is available through the Federal Docket Management Sy stem (FDMS) at http://www.regulations.gov/. Use FDMS to submit or view public comments, to access the index listing of the contents of the public docket, and to access documents in the public docket that are available electronicall y. Once i n the s ys tem, key in the docket ID number identified above. You can also send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please i nclude the EPA Docket ID No. EPA - HQ - OW - 2004 - 0027 and OMB Control No. 2040 - 0241 in any correspondence Part B of the Supporting Statement is not applicable because no statistical methods were used in collecting this information.Draft Renewal of the New Facility Rule Information Collection Request 

### Ap **pendix A Respondent Burden and Cost A**  **nal ysis Spreadsheets**  **ICR for Cooling Water Intake Structures New Facility**  **Rule**Draft Renewal of the New Facility Rule Information Collection Request 

### Ap **pendix B NA**  **ICS and SIC Codes for Nonutility**  **Po we**  **r Producers**Draft Renewal of the New Facility Rule Information Collection Request B - 1 **Steam Electric Nonindustrial Nonutility Power Producers 1**  This industrial sector contains various reported NAI CS and SIC codes 2 . The following table documents the specific industry sectors covered and their associated NAICS and SI C code. **3 to 6 Digit NA**  **ICS Code 2 Digit SIC** 

**Code 3 or 4 Digit SIC** 

**Code Industry Sector**  111 --- 01 0100 Agriculture Production – crops 112 --- 02 0200 Agriculture Production – livestock 2122 -- 10 1000 Metal Mining 211 --- 13 1300 Oil and Gas Extraction 2123 -- 14 1400 Nonmetallic minerals, except fuels 311 --- , 312 --- 3115 -- 3113 -- 20 2000 202 - 206 - Food and Kindred Products 3122 -- 21 2100 Tobacco Manufacturers 313 --- , 315 --- 22 2200 Textile and Mill Products 3152 -- , 3159 -- , 314 --- 23 2300 Apparel and other textile products 321 --- 3211 -- , 3219 -- 24 2400 242 - Lum ber and W ood Products, Except Furniture 337 --- 3371 --- , 3372 --- 25 2500 251 - Furniture and fixtures 322 --- 32212 - 322130 26 2600 2621 2631 Paper and Allied Products, Paper Mills, Except

Building Paper Paperboard Mills 325 --- 32541 - 3251 -- 3251 -- 325211 325 --- 325311 28 2800 283 - 286 - 2819 2821 2869 2873 Chemicals and Allied Products, Industrial

Inorganic Chemicals, Plastic Materials and Resins, Industrial Organic Chemicals, Nitrogenous Fertilizers 324 --- 32411 - 324110 29 2900 291 - 2911 Petroleum Refining and Related Industries,

Petroleum Refining 326 --- , 339 --- 32622 - , 33999 - 30 3000 305 - Rubber and miscellaneous plastics 316 --- 31 3100 Leather and leather products 327 --- 327310 32 3200 3241 Stone, Clay, Glass, and Concrete Products, Cement, Hydraulic 331 --- 331 --- 331111, 331221, 324199 331312 33 3300 331 - 3312 3334 Prim ary

Metals Industries, Blast Furnaces and Steel Mills, Primary

Aluminum

332 --- , 333 --- , 34 3400 Fabricated metal productsDraft Renewal of the New Facility Rule Information Collection Request B - 2

**3 to 6 Digit NA**  **ICS Code 2 Digit SIC** 

**Code 3 or 4 Digit SIC** 

**Code Industry Sector**  336 --- 333 --- , 332 --- , 334 --- , 336 --- 35 3500 Industrial machiner y and equipment 334 --- , 335 --- 36 3600 Electrical and electronic equipment 336 --- 37 3700 Transportation equipment 334 --- , 339 --- 38 3800 Instruments and related products 339 --- , 332 --- 39 3900 Miscellaneous manufacturing industries 482 --- 40 4000 Rail transportation 483 --- , 488 --- 44 4400 Wa ter transportation 481 --- , 488 --- 45 4500 Transportation by air 488 --- 47 4700 Transportation services 221 --- , 562 --- 2213 -- , 562 --- 49 4900 495 - Electric, Gas, and Sanitar y Services (except 4911) 221310 4941 Wa ter Supply 221320 4952 Sewerage System 56221 - 4953 Refuse System 531 --- 65 6500 Real estate 561 --- , 532 --- , 541 --- , 711 --- , 812 --- 73 7300 Business services 621 --- , 622 --- , 623 --- 80 8000 Health Services 611 --- 6112 -- , 6113 -- 82 8200 822 - Educational Services 624 --- , 813 --- 83 8300 Social services 541 --- 87 8700 Engineering and management services 814 --- 88 8800 Private households 541 --- 89 8900 Miscellaneous services 921 --- 91 9100 Public Administration 1 Source of data is Form EIA - 867 2 In changing from an SIC code - based system to an NAICS code - based one, all industries were restructured and redefined. As a result, there may not be a direct conversion of some industries, as portions of an industry may be restructured to another category . This table identifies the primary NAICS codes for the listed industry sectors, but EPA notes that the NAICS codes for some industries may not be included.