Cooling Water Intake Structures at Existing Facilities (Final Rule)

ICR 201408-2040-001

OMB: 2040-0257

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2014-10-15
Supplementary Document
2014-10-15
Supporting Statement A
2014-10-06
ICR Details
2040-0257 201408-2040-001
Historical Active 201401-2040-004
EPA/OW 2060.07
Cooling Water Intake Structures at Existing Facilities (Final Rule)
Revision of a currently approved collection   No
Regular
Approved with change 10/15/2014
Retrieve Notice of Action (NOA) 08/15/2014
In accordance with 5 CFR 1320, this information collection is approved for three years.
  Inventory as of this Action Requested Previously Approved
10/31/2017 36 Months From Approved 08/31/2017
6,684 0 4,945
634,596 0 1,010,021
8,525,907 0 10,588,074

The purpose of this action is to reduce impingement and entrainment of fish and other aquatic organisms at cooling water intake structures used by certain existing power generation and manufacturing facilities for the withdrawal of cooling water from waters of the United States. This rule establishes requirements under section 316(b) of the Clean Water Act (CWA) for existing power generating facilities and existing manufacturing and industrial facilities that are designed to withdraw more than 2 million gallons per day (mgd) of water from waters of the United States and use at least 25 percent of the water they withdraw exclusively for cooling purposes. These national requirements, which will be implemented through National Pollutant Discharge Elimination System (NPDES) permits, apply to the location, design, construction, and capacity of cooling water intake structures (CWIS) at regulated facilities and provide requirements that reflect the best technology available (BTA) for minimizing adverse environmental impact. On April 20, 2011, EPA published a proposed rule that included several options for addressing these impacts. Subsequently, EPA published two Notices of Data Availability (NODA), on June 11, 2012 and June 12, 2012, that further clarified EPA's proposed approach. This final rule also responds to judicial remand of aspects of the previously promulgated Phase II and Phase III section 316(b) rules. In addition, EPA is also responding to an earlier judicial decision by removing from the previously promulgated Phase I new facility rule a restoration-based compliance alternative and the associated monitoring and demonstration requirements.

PL: Pub.L. 92 - 500 316(b) Name of Law: Federal Water Pollution Control Act of 1972
  
None

2040-AE95 Final or interim final rulemaking 79 FR 48299 08/15/2014

  79 FR 30605 05/28/2014
Yes

  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 6,684 4,945 0 1,739 0 0
Annual Time Burden (Hours) 634,596 1,010,021 0 -375,425 0 0
Annual Cost Burden (Dollars) 8,525,907 10,588,074 0 -2,062,167 0 0
No
Yes
Changing Regulations
The current burden approved by OMB for the existing ICR is 1,010,021. That is 375,425 (59%) more hours than are being requested in this draft ICR. This decrease is due to changes in program requirements. The currently approved ICR is for electric generators with a design intake flow of at least 50 mgd and that were subject to the 2004 Phase II rule. Many of these facilities have already met most of the new data collection requirements of the revised rule. Newly affected facilities have significantly fewer comprehensive requirements for data collection than was required under the Phase II rule, such as less frequent biological data collection. Further, while the overall universe of affected facilities has increased, more facilities in the affected universe already meet the requirements of the revised rule. The change in burden results from final regulatory changes that require information collection and record keeping activities.

$22,212
No
No
No
No
No
Uncollected
Paul Shriner 202 566-1076 Shriner.Paul@epamail.epa.gov

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
08/15/2014


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