[Federal Register Volume 63, Number 16 (Monday, January 26, 1998)]
[Notices]
[Pages 3738-3741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1760]
-----------------------------------------------------------------------
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.
[[Page 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
E-mail 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 facility-specific
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 seven-year 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.
[[Page 3740]]
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
------------------------------------------------------------------------
Major
Utility subcategory 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.
Incorporate
d 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
[[Page 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
