[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Notices]
[Pages 25473-25474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12308]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6011-7]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Industry Screener Questionnaire: Phase I 
Cooling Water Intake Structures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this notice announces that the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: Industry Screener 
Questionnaire: Phase I Cooling Water Intake Structures (EPA ICR number 
1828.01). The ICR describes the nature of the information collection 
activities and its expected burden and cost. In particular, the ICR 
describes the collection methodology EPA will use to distribute the 
data collection instrument and includes a representative sample of the 
data collection instrument.

DATES: Comments must be submitted on or before June 8, 1998.

FOR FURTHER INFORMATION OR A COPY: Contact Sandy Farmer by phone at 
(202) 260-2740, e-mail at <a href="/cdn-cgi/l/email-protection#355354475850471b46545b514c7550455458545c591b5045541b525a43"><span class="__cf_email__" data-cfemail="c6a0a7b4aba3b4e8b5a7a8a2bf86a3b6a7aba7afaae8a3b6a7e8a1a9b0">[email protected]</span></a> or download off 
the Internet at http://www.epa.gov/ICR. In all requests, refer to EPA 
ICR No. 1828.01.

SUPPLEMENTARY INFORMATION:
    Title: Industry Screener Questionnaire: Phase I Cooling Water 
Intake Structures (EPA ICR No. 1828.01). This is a new collection.
    Abstract: The U.S. Environmental Protection Agency (``EPA'') is 
currently developing regulations under section 316(b) of the Clean 
Water Act (``CWA''), 33 U.S.C. Section 1326(b). Section 316(b) provides 
that any standard established pursuant to sections 301 or 306 of the 
Clean Water Act 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. Section 316(b) is unique in that it applies to 
the intake of water and not the discharge. The intent is to minimize 
the impingement and entrainment of fish and other aquatic organisms as 
they are drawn into an industrial facility's cooling water intake. As 
the result of a lawsuit by a coalition of environmental groups headed 
by the Hudson Riverkeeper (Cronin, et al. v. Reilly, 93 Civ. 0314 
(AGS)), the United States District Court, Southern District of New York 
entered a Consent Decree on October 10, 1995. The Consent Decree 
established a seven year schedule for EPA to take final action with 
respect to regulations addressing impacts from cooling water intake 
structures.
    The screener questionnaire contains three types of questions. These 
questions are either scoping, stratifying, or characterizing in nature. 
EPA intends to use data from the scoping questions to determine who is 
potentially in scope of Section 316(b). EPA intends to use data from 
stratifying questions to support the subsequent survey sample frame 
development for the detailed industry questionnaire. EPA intends to use 
data from the characterizing questions to assist EPA in structuring the 
subsequent detailed questionnaire and to support the Agency's 
development of Section 316(b) regulations. The screener questionnaire 
collects information on such topics as cooling water use within 
industry groups; cooling water intake structure location, design 
configurations, construction, and capacity; and types of intake water 
sources. In addition, EPA is requesting facility and firm level 
economic data. This economic data will enable EPA to consider cooling 
water use across a broad variety of facility and firm sizes. The 
subsequent detailed questionnaire is structured to seek more in-depth 
information on the unique features of cooling water use and other

[[Page 25474]]

important intake structure and environmental characteristics.
    EPA has the authority to collect this information under Section 308 
of the CWA (33 U.S.C. Section 1318). All recipients of the screener 
questionnaire are required to complete and return the questionnaire to 
EPA. The survey instrument will be mailed after OMB approves the ICR. 
An agency may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number. The OMB control numbers for EPA's regulations 
are listed in 40 CFR Part 9 and 48 CFR Chapter 15. The Federal Register 
Notice required under 5 CFR 1320.8(d), soliciting comments on this 
collection of information was published on September 18, 1997. EPA 
received six sets of comments (75 comments in all). EPA's response to 
these comments are presented in Attachment 4 of the ICR.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 50 
hours per response. Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, 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 systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
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 the 
information.

    Respondents/Affected Entities: Nonutility Power Producers (SIC 
49 and all other Industrial Self-Generators), Paper and Allied 
Products (SIC 2611, 2621, and 2631), Chemical and Allied Products 
(SIC 28 except 2895, 2893, 2851, and 2879), Petroleum and Coal 
Products (SIC 2911), and Primary Metals (SIC 3312, 3315, 3316, 3317, 
3353, 3363, 3365, and 3366).
    Estimated number of respondents: 2,600.
    Frequency of Response: This is a one time collection.
    Estimated total Annual Hour Burden: 130,000 hours.
    Estimated total annualized cost burden: $7,125,300.

    As a result of the insights gained from the public comment and 
pretest activities, EPA reduced the burden on respondents by 
simplifying and shortening the screener questionnaire. In particular, 
EPA moved several financial questions back so that only those 
facilities that are within the scope of CWA Section 316(b) will have to 
answer those questions. In addition, EPA reduced the level of detail of 
the questions in the electricity generation section. EPA has also 
lengthened the response time from 30 to 60 days.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the following addresses. Please 
refer to EPA ICR No. 1828.01 in any correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, PPE Regulatory 
Information Division (2137), 401 M Street, SW., Washington, DC 20460.
    and
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for EPA, 725 17th Street, NW., 
Washington, DC 20503.

    Dated: May 4, 1998.
Joseph Retzer,
Director, Regulatory Information Division.
[FR Doc. 98-12308 Filed 5-7-98; 8:45 am]
BILLING CODE 6560-50-P


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