3738 Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Notices

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The official record for this action will

be kept in paper form. Accordingly, EPA

will transfer all comments received

electronically into paper form and place

them in the official record, which will

also include all comments submitted

directly in writing.

EPA responses to comments, whether

the comments are written or electronic,

will be in a notice in the Federal

Register. EPA will not immediately

reply to commenters electronically other

than to seek clarification of electronic

comments that may be garbled in

transmission or during conversion to

paper form, as discussed above.

FOR FURTHER INFORMATION CONTACT: For

general information, contact the RCRA

Hotline at 800 424–9346 or TDD 800

553–7672 (hearing impaired). In the

Washington, DC, metropolitan area, call

703 412–9810 or TDD 703 412–3323.

For more detailed information on

specific aspects of this rulemaking,

contact Hugh Davis, Office of Solid

Waste 5303W, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460, (703) 308–8633,

or davis.hugh@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

Affected entities: Entities potentially

affected by this action are those which

own or operate surface impoundments,

waste piles, land treatment units, and

landfills which manage hazardous waste

regulated under the Resource

Conversation and Recovery Act.

Title: Facility Ground-Water

Monitoring Requirements, EPA ICR

#959.09; OMB Control Number 2050–

0033; expiration date 5/31/98.

Abstract: Subtitle C of the Resource

Conservation and Recovery Act of 1976

(RCRA) creates a comprehensive

program for the safe management of

hazardous waste. Section 3004 of RCRA

requires owners and operators of

facilities that treat, store, or dispose of

hazardous waste to comply with

standards established by EPA that are

‘‘necessary to protect human health and

the environment.’’ Section 3005

provides for implementation of these

standards under permits issued to

owners and operators by EPA or

authorized States. Section 3005 also

allows owners and operators of facilities

in existence when the regulations came

into effect to comply with applicable

notice requirements to operate until a

permit is issued or denied. This

statutory authorization to operate prior

to permit determination is commonly

known as ‘‘interim status.’’ Owners and

operators of interim status facilities also

must comply with standards set under

Section 3004.

EPA promulgated ground-water

monitoring standards for interim status

facilities in 1980 (45 FR 33154 May 19,

1980), codified in 40 CFR Part 265,

Subpart F, and for permitted facilities in

1982 (47 FR 32274 July 26, 1982),

codified in 40 CFR Part 264, Subpart F.

Both sets of standards establish

programs for protecting ground water

from releases of hazardous wastes from

land disposal facilities with regulated

units (these include surface

impoundments, waste piles, land

treatment units, and landfills).

The ground-water monitoring

requirements for regulated units follow

a tiered approach whereby releases of

hazardous contaminants are first

detected, then confirmed, and, if

necessary, are required to be cleaned up.

Each of these tiers requires collection

and analysis of groundwater samples.

Owners or operators that conduct

groundwater monitoring are required to

report information to the oversight

agencies on releases of contaminants

and to maintain records of ground-water

monitoring data at their facilities. The

goal of the ground-water monitoring

program is to prevent and quickly detect

releases of hazardous contaminants to

groundwater, and to establish a program

whereby any contamination is

expeditiously cleaned up.

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 EPA would like to solicit

comments to:

(i) Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

(ii) Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

(iii) Enhance the quality, utility, and

clarity of the information to be

collected; and

(iv) Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g., permitting

electronic submission of responses.

Burden Statement: For both permitted

and interim status land disposal

facilities, the estimated total annual

hour burden for this information

collection is 196,363 hours. The

estimated total annual cost burden for

this information collection is

$67,303,862, which includes labor,

capital, operations and maintenance,

and purchased service costs. For 623

permitted land disposal facilities, the

annual reporting hour burden is

estimated to average 112.4 hours per

response, and the annual record keeping

hour burden is estimated to average 26.0

hours per response, regardless of

whether the facility is performing

detection monitoring, compliance

monitoring or corrective action. For

1,024 interim status land disposal

facilities, the annual reporting hour

burden is estimated to average 74.7

hours per response, and the annual

record keeping hour burden is estimated

to average 32.8 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.

Dated: January 20, 1998.

Matthew Hale,

Acting Director, Office of Solid Waste.

[FR Doc. 98–1759 Filed 1–23–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5953–8]

Notice of Information Collection

Activities; Detailed Industry

Questionnaire: Phase II Cooling Water

Intake Structures

AGENCY: Environmental Protection

Agency.

ACTION: Notice of information collection

activities.

SUMMARY: In compliance with the

Paperwork Reduction Act (44 U.S.C.
Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Notices 3739

3501 et seq.), this document announces

that the United States Environmental

Protection Agency (EPA) is planning to

seek approval from the Office of

Management and Budget (OMB) to

administer an information collection

request (ICR) entitled ‘‘Detailed Industry

Questionnaire: Phase II Cooling Water

Intake Structures,’’ EPA ICR 1838.01.

Before the Agency submits the proposed

ICR to OMB for review and approval,

EPA is soliciting comments from the

public, as described below, on the

specific aspects of the Detailed Industry

Questionnaire (Phase II) for facilities

potentially subject to section 316(b) of

the Clean Water Act, 33 U.S.C. 1326(b).

DATES: Comments and requests for

information must be received by EPA no

later than March 27, 1998.

ADDRESSES: Address comments on the

draft Detailed questionnaire to Ms.

Deborah G. Nagle, U.S. EPA,

Engineering and Analysis Division, Mail

Code (4303), Office of Science and

Technology, 401 M Street S.W.,

Washington, DC 20460. EPA will also

accept comments electronically. The Email address for comments is

‘‘nagle.deborah@epamail.epa.gov.’’

Electronic comments must include the

sender’s name, address, and telephone

number. There are five versions of the

detailed questionnaire, which primarily

reflect the diversity of industries from

an economic viewpoint. They are: (1)

Publicly Owned Utilities; (2) Major

Privately Owned Electric Utilities; (3)

Rural Electric Cooperatives; (4)

Nonutility Power Producers; and (5)

Manufacturers. A copy of each proposed

detailed questionnaire can be obtained

from the Internet at ‘‘http://

www.epa.gov/owm/new.htm.’’ You

must use ADOBE ACROBAT READER

to read the document; the document is

a PDF file. If you do not have Internet

access, you may obtain a copy of the

detailed questionnaire by sending a

FAX to Deborah Nagle at (202) 260–

7185 (be sure to identify the specific

questionnaire of interest). The draft

questionnaire that is being made

available includes all pertinent

instructions, information request

questions, and definitions.

SUPPLEMENTARY INFORMATION:

Affected Entities: Entities potentially

affected by this action are those which

are subject to section 316(b) of the Clean

Water Act. These entities include,

among others, facilities in the following

industry sectors: Utility Steam Electric

Generation; Nonutility Steam Power

Producers; Paper and Allied Products;

Chemical and Allied Products;

Petroleum and Coal Products; and

Primary Metals. EPA also intends to

collect information related to the

regulatory burden of implementing final

section 316(b) regulation on state

governmental authorities that are

responsible for issuing National

Pollutant Discharge Elimination System

permits. Impacts on these state

government entities could include

either increased costs as a result of

additional efforts needed to implement

a final section 316(b) rule or cost

savings realized from using final section

316(b) regulations instead of facilityspecific best professional judgment to

establish permit requirements.

Title: Detailed Industry

Questionnaire: Phase II Cooling Water

Intake Structures.

Abstract: The U.S. Environmental

Protection Agency (EPA) is currently

developing regulations under section

316(b) of the Clean Water Act, 33 U.S.C.

1326(b). Section 316(b) provides that

any standard established pursuant to

section 301 or 306 of the Clean Water

Act (CWA) and applicable to a point

source shall require that the location,

design, construction, and capacity of

cooling water intake structures shall

reflect the best technology available

(BTA) for minimizing adverse

environmental impact.

Such impacts occur as a result of

impingement (where fish and other

aquatic life are trapped in cooling water

intake screens) and entrainment (where

aquatic organisms, eggs and larvae are

sucked into the cooling system, through

the heat exchanger, and then pumped

back out). 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 sevenyear schedule for EPA to take final

action with respect to regulations

addressing impacts from cooling water

intake structures.

To ensure that the regulations are

based upon accurate information, EPA

is conducting a variety of data-gathering

activities. The detailed questionnaire

represents one mechanism through

which EPA is gathering background

technical and cost data on cooling water

intake structures. The proposed survey

instrument will provide EPA with

preliminary technical and economic

data needed to help quantify the adverse

environmental impacts from cooling

water structures, evaluate the efficacy of

control technologies, and determine the

economic reasonableness of the final

rule.

EPA has designed the detailed

questionnaire to collect information on

such topics as cooling water use within

industry groups; cooling water intake

structure location, design

configurations, construction, and

capacity; and other cooling water intake

structure impingement and entrainment

control technologies. These data will

enable EPA to characterize cooling

water intake structure operations across

industry. The Agency is also collecting

data on the types of intake water sources

and environmental assessment data

associated with cooling water intake

structures. The Agency does not intend

to rely completely on the environmental

data collected through the proposed

questionnaire to assess adverse

environmental impacts (impingement

and entrainment) or BTA efficacy. The

Agency’s intent is to use the

environmental assessment data and

BTA data from the questionnaire, in

part, to identify potential facilities for

on site sampling and analysis in order

to collect more in depth data on adverse

environmental impacts and BTA

efficacy. Lastly, EPA is requesting

facility and firm level economic data.

These economic data will enable EPA to

consider cooling water use across a

broad variety of facility and firm sizes.

The economic data will also enable EPA

to carry out required economic analyses,

including a Regulatory Impact Analysis

(RIA), and requirements of the Small

Business Regulatory Enforcement

Fairness Act (SBREFA). EPA will

consider both technical and economic

factors when developing the final

regulations.

The Agency has divided the

potentially affected entities into five

groups: (1) Publicly Owned Utilities; (2)

Major Privately Owned Electric

Utilities; (3) Rural Electric Cooperatives;

(4) Nonutility Power Producers; and (5)

Manufacturers. The first three groups

(Publicly Owned Utilities, Major

Privately Owned Electric Utilities, and

Rural Electric Cooperatives) are

collectively categorized as Electric

Utilities. To help determine which

questionnaire a facility may be required

to complete, the two tables below

describe, for the purposes of this

questionnaire, the major distinguishing

characteristics of each group. Table 1

differentiates between Electric Utilities,

Nonutility Power Producers, and

Manufacturers. If a facility is classified

as an Electric Utility, table 2 is used to

further classify the facility as a Publicly

Owned Utility, Major Privately Owned

Electric Utility, or Rural Electric

Cooperative.
3740 Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Notices

TABLE 1.—ELECTRIC UTILITY, NONUTILITY POWER PRODUCER, AND MANUFACTURER CHARACTERISTICS

Primary category Major characteristics

(1) Electric Utility ...................................... • A corporation, person, agency, authority, or other legal entity or instrumentality that owns and/or

operates facilities for the generation, transmission, distribution, or sale of electric energy primarily

for use by the public.

• Files forms listed in the Code of Federal Regulations, Title 18, Part 141.

(2) Nonutility Power Producers ................. • A corporation, person, agency, authority, or other legal entity or instrumentality that owns electric

generating capacity and is not an electric utility.

• Includes FERC (Federal Energy Regulatory Commission) Qualifying Cogenerators, FERC Qualifying Small Power Producers, and Other Nonutility Generators (including Independent Power Producers) without a designated franchised service area.

• Does not file forms listed in the Code of Federal Regulations, Title 18, Part 141.

(3) Manufacturers ..................................... • All other industrial facilities which do not qualify as an Electric Utility or Nonutility Power Producer

as defined above.

TABLE 2.—UTILITY SUBCATEGORY CHARACTERISTICS

Utility subcategory Major characteristics

(1) Major Privately Owned Electric Utility • Earns a return for investors; either distribute their profits to stock holders as dividends or reinvest

the profits.

• Is granted service monopoly in certain geographic areas.

• Is regulated by State and sometimes Federal governments, which in turn approve rates that allow

a fair rate of return on investment.

• Most are operating companies that provide basic services for generation, transmission, and distribution.

(2) Publicly Owned Electric Utility ............. • Ownership is Federal, State, or local agencies (e.g., Federal Authorities, Municipals, Public Power

Districts, State Authorities, Irrigation Districts).

• Power not generated for profit.

• Serves at cost; return excess funds to the consumers in the form of community contributions, economic and efficient facilities, and reduced rates.

(3) Rural Electric Cooperatives ................. • Owned by members (small rural farms and communities).

• Provides service mostly to members only.

• Incorporated under State law and directed by an elected board of directors which, in turn, selects

a manager.

The detailed questionnaire will be

administered under authority of section

308 of the Clean Water Act, 33 U.S.C.

1318; therefore, all recipients of the

detailed 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 ICR

that EPA intends to submit to OMB will

include a discussion of the comments

on the proposed detailed questionnaire

that EPA has received to date and the

comments received as the result of

today’s announcement. EPA solicits

comment on all aspects of the detailed

questionnaire, and specifically solicits

comment on the following information

collection functional areas:

(i) whether the proposed detailed

questionnaire is necessary for the proper

performance of the functions of the

Agency, including whether the

information will have practical utility;

(ii) the accuracy of the Agency’s

estimate of the burden of the proposed

detailed questionnaire, including the

validity of the methodology and

assumptions used;

(iii) the detailed questionnaire’s

quality, utility, and clarity; and

(iv) minimization of the burden of the

detailed questionnaire on those who are

to respond, including through the use of

appropriate automated electronic,

mechanical, or other technology

collection techniques or other forms of

information technology collection

techniques or other forms of information

technology, e.g., permitting electronic

submission of responses.

Burden Statement: The total national

burden estimate for all parts of this

detailed questionnaire is 272,800 hours.

The burden estimates are based on EPA

administering 1,705 detailed

questionnaires. The Agency intends to

conduct a census of the facilities within

the Electric Utility category (this group

did not receive a screener

questionnaire), and to select a

statistically valid sample of the

nonutility power producers and

manufacturers that received the screener

questionnaire. The Agency anticipates

administering the detailed questionnaire

to 905 electric utility facilities, 500

nonutility power producer facilities,

and 300 manufacturers. EPA estimates

that each facility will require, on the

average, 160 hours to complete the

detailed questionnaire. 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.

In developing the detailed

questionnaire, EPA conducted a

program of outreach to industry and

other government entities with the

objective of minimizing reporting

burdens. The outreach program

included distribution of the draft
Federal Register / Vol. 63, No. 16 / Monday, January 26, 1998 / Notices 3741

detailed questionnaire to industry

associations and environmental groups

plus a meeting to discuss comments.

EPA also made presentations at many

professional and industry association

meetings. The following are the industry

associations that participated in the EPA

outreach program: Utility Water Act

Group, American Forest and Paper

Association, American Iron and Steel

Institute, American Petroleum Institute,

Chemical Manufacturers Association,

and Edison Electric Institute. EPA also

requested comments on the detailed

questionnaire from the Electric Power

Research Institute. Environmental group

outreach included the Hudson

Riverkeeper, the New York and New

Jersey Baykeeper and other interested

environmental group representatives.

Based on comments received from these

early outreach activities, EPA decided to

first administer a screener questionnaire

(except to electric utilities) followed by

a detailed questionnaire. The screener is

designed to assist EPA in selecting an

appropriate sample of facilities that

employ cooling water intake structures

to receive the detailed technical

questionnaire. Electric utilities will not

receive a screener questionnaire because

of the large volume of publicly available

data.

The Agency has coordinated

extensively with the Energy Information

Association (EIA) to determine what

pertinent information is publicly

available. EPA does not intend to

request, in the detailed questionnaire,

information that is publicly available.

For that reason, the Agency has greatly

reduced the financial and economic

information burden on the electric

utilities. The majority of the information

EIA collects from nonutility power

producers is confidential business

information not available to EPA.

EPA significantly lowered the burden

to industry by systematically reducing

the number of industrial facilities to

receive the detailed questionnaire from

a possible 412,000 facilities to about

1,700 facilities. Based on water intake

and cooling water use from the 1982

Census of Manufacturers, EPA

identified six industrial sectors to

receive the screener or the detailed

questionnaire or both. These six

industrial sectors are: Electric Utilities,

Nonutility Power Producers, Chemicals

& Allied Products, Primary Metals

Industry, Petroleum & Coal Products,

and Paper & Allied Products. Together,

EPA estimates that these six sectors

account for more than 99 percent of all

cooling water withdrawals and include

about 50,000 facilities. EPA limited the

sample frame for electric utilities and

nonutility power producers to only

those facilities that have a prime mover

which utilizes a steam cycle operation

(a steam cycle operation requires

cooling water). EPA also limited data

collection to industrial subcategories

which documented significant cooling

water use, thereby further reducing the

potential number of facilities to be

surveyed to about 7,515. To help further

refine the sample frame for the detailed

questionnaire, EPA decided to

administer a screener survey to five of

the six industrial sectors (excluding

electric utility). The Agency anticipates

administering the screener to

approximately 6,700 facilities. As stated

earlier, EPA expects to administer the

detailed survey to approximately 1,705

facilities. Limiting the survey sample

frame as described above is not

intended to limit the scope or

applicability of the section 316(b)

regulation.

Finally, EPA will maintain a

temporary, no-charge telephone number

that survey recipients may call to obtain

assistance in completing the data

collection surveys. EPA believes that the

no-charge telephone number will greatly

reduce burden by helping recipients to

answer specific questions within the

context of their individual operations.

Dated: January 19, 1998.

Tudor T. Davies,

Director, Office of Science and Technology.

[FR Doc. 98–1760 Filed 1–23–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–5953–7]

EPA’s National Drinking Water

Contaminant Occurrence Data Base

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Announcement of a stakeholder

meeting on the National Drinking Water

Contaminant Occurrence Data Base.

SUMMARY: The Environmental Protection

Agency (EPA) has scheduled a two-day

public meeting on EPA’s National

Drinking Water Contaminant

Occurrence Data Base. At the upcoming

meeting, EPA is seeking input from

stakeholders, including national and

state representatives, environmental

organizations, industry, the public, and

other interested parties. The purpose of

the meeting is to seek input from

stakeholders on the design of the

national drinking water contaminant

occurrence data base to include such

issues as data elements, data element

standardization, reporting, storage,

retrieval, use and access. EPA

encourages the full participation of

stakeholders throughout this process.

DATES: The stakeholder meeting on the

National Drinking Water Contaminant

Occurrence Data Base will be held on

February 12, 1998 from 9:00–5:00 p.m.

EST and on February 13 from 9:00–3:00

p.m. EST.

ADDRESSES: Resolve, Inc. (an EPA

contractor) will provide logistical

support for the stakeholders meeting.

The meeting will be held at Resolve,

Inc., 1255 23rd Street, NW, Suite 275,

Washington, D.C. 20037.

FOR FURTHER INFORMATION CONTACT: For

general information about the meeting

logistics, please contact Mr. Jeff Citrin at

Resolve, Inc., 1255 23rd Street, NW,

Suite 275, Washington, D.C. 20037;

phone: (202) 944–2300; fax: (202) 338–

1264, or e-mail at jcitrin@resolv.org.

Members of the public wishing to

attend the meeting may register by

phone by contacting Mr. Jeff Citrin by

February 2, 1998. Those registered for

the meeting will receive background

materials prior to the meeting.

For other information on the National

Drinking Water Contaminant

Occurrence Data Base, please contact

Charles Job at the U.S. Environmental

Protection Agency, Phone: 202–260–

7084, Fax: 202–260–3762, or e-mail at

job.charles@epamail.epa.gov.

SUPPLEMENTARY INFORMATION:

A. Background on the National

Drinking Water Contaminant

Occurrence Data Base

The Safe Drinking Water Act, SDWA,

as amended in 1996, states that: Not

later than three years after the date of

enactment of the Safe Drinking Water

Act Amendments of 1996, the

Administrator shall assemble and

maintain a national drinking water

contaminant occurrence data base using

information on the occurrence of both

regulated and unregulated contaminants

in public water systems obtained under

section 1445(a)(1)(A) or section

1445(a)(2) and reliable information from

other public and private sources. The

National Drinking Water Contaminant

Occurrence Data Base is required to be

developed by August 6, 1999.

B. Request for Stakeholder Involvement

EPA has convened this public

meeting to hear the views of

stakeholders on the next stage (i.e.,

design) of the National Drinking Water

Contaminant Occurrence Data Base

development. The EPA National

Contaminant Occurrence Data Base

(NCOD) project Team will soon be

making final recommendations on the