[Federal Register: August 30, 2004 (Volume 69, Number 167)]
[Notices]
[Page 52883-52888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au04-50]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7807-8]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Request for Comments on Seven Proposed Information
Collection Requests
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 document announces that EPA is planning to submit seven
continuing Information Collection Requests (ICR) to the Office of
Management and Budget (OMB). Before submitting the ICRs to OMB for
review and approval, EPA is soliciting comments on specific aspects of
the information collections as described in the Supplementary
Information section.
DATES: Comments must be submitted on or before October 29, 2004.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in section I.B. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Direct questions or requests for
copies of these ICRs to: Jack Faulk, Industrial Branch, Water Permits
Division, Office of Wastewater Management; tel.: (202) 564-0768, fax:
(202) 564-6431; or e-mail: faulk.jack@epa.gov. Or see Section I.C of
the SUPPLEMENTARY INFORMATION.
SUPPLEMENTARY INFORMATION:
I. General Information for All ICRs
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection information unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
are displayed in 40 CFR part 9.
The EPA would like to solicit comments to:
(1) 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;
(2) Evaluate the accuracy of the Agency's estimate of the burden of
the proposed collection of information;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, including through the use of automated collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
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.
A. How Can I Get Copies of the ICR Supporting Statement and Other
Related Information?
1. Docket. EPA has established an official public docket for these
ICRs under: (1) Docket ID No. OW-2004-0023 for Best Management
Practices for Bleached Papergrade Kraft and Soda Subcategory and the
Papergrade Sulfite Subcategory of the Pulp, Paper, and Paperboard Point
Source Category, EPA ICR No. 1829.02, OMB Control No. 2040-0207; (2)
Docket ID No. OW-2004-0024 for Milestones Plan for the Bleached
Papergrade Kraft and Soda Subcategory of the Pulp, Paper, and
Paperboard Point Source Category, EPA ICR No. 1877.02, OMB Control No.
2040-0202; (3) Docket ID No. OW-2004-0025 for Minimum Monitoring
Requirements for the Pulp, Paper, and Paperboard Effluent Limitations
Guidelines and Standards, EPA ICR No. 1878.01, OMB Control No. 2040-
0243; (4) Docket ID No. OW-2004-0026 for Baseline Standards and Best
Management Practices for the Coal Mining Point Category (40 CFR part
434)--Coal Remining Sub-category and Western Alkaline Coal Mining
Subcategory, EPA ICR No. 1944.02, OMB Control No. 2040-0239; (5) Docket
ID No. OW-2004-0027 for Information Collection Request for Cooling
Water Intake Structures New Facility Final Rule, EPA ICR No. 1973.02,
OMB Control No. 2040-0241; (6) Docket ID No. OW-2004-0028 for
Certification in lieu of Chloroform Minimum Monitoring Requirements for
direct and indirect discharging mills in the bleached papergrade kraft
and soda subcategory of the pulp, Paper, Paperboard Point Source
Category, EPA ICR No. 2015.01, OMB Control No. 2040-0242; and (7)
Docket ID No. OW-2004-0029 for Pollution Prevention Compliance
Alternative; Transportation Equipment Cleaning (TEC) Point Source
Category (40 CFR part 442), EPA ICR No. 2018.01, OMB Control No. 2040-
0235.
The official public docket consists of the documents specifically
referenced in the ICRs, any public comments received, and other
information related to these ICRs. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the Water Docket in the EPA
Docket Center, (EPA/DC) EPA West, Room B135, 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
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone
[[Page 52884]]
number for the Water Docket is (202) 566-2426.
2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/ You may use EPA Dockets at http://www.epa.gov/edocket/. to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI, and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in section I.A. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
For additional information about EPA's electronic public docket
visit EPA Dockets online or see 67 FR 38102, May 31, 2002.
B. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, by facsimile, or
through hand delivery/courier. To ensure proper receipt by EPA,
identify the appropriate docket identification number in the subject
line on the first page of your comment. Please ensure that your
comments are submitted within the specified comment period. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments in formulating a
final decision. If you wish to submit CBI or information that is
otherwise protected by statute, please contact the person listed in FOR
FURTHER INFORMATION CONTACT. Do not use EPA Dockets or e-mail to submit
CBI or information protected by statute.
1. Electronically. If you submit an electronic comment as described
below, EPA recommends that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
comment. Also include this contact information on the outside of any
disk or CD ROM you submit, and in any cover letter accompanying the
disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket
, and follow the online instructions for submitting comments. To
access EPA's electronic public docket from the EPA Internet Home Page,
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once
in the system, select ``search,'' and then key in the appropriate
Docket ID No. The system is an ``anonymous access'' system, which means
EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by electronic mail (e-mail) to:
ow-docket@epa.gov, Attention Docket ID No. (please use appropriate
Docket ID number). In contrast to EPA's electronic public docket, EPA's
e-mail system is not an ``anonymous access'' system. If you send an e-
mail comment directly to the Docket without going through EPA's
electronic public docket, EPA's e-mail system automatically captures
your e-mail address. E-mail addresses that are automatically captured
by EPA's e-mail system are included as part of the comment that is
placed in the official public docket, and made available in EPA's
electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in section I.B.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By Mail. Send four copies of your comments to: Water Docket,
Environmental Protection Agency, Mail code: 4101T, 1200
Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No.
(please use appropriate Docket ID number).
3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center, EPA West, Room B102, 1301 Constitution Avenue, NW.,
Washington, DC, Attention Docket ID No. (please use appropriate Docket
ID number). Such deliveries are only accepted during the Docket's
normal hours of operation as identified in section I.A.1.
C. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
[[Page 52885]]
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
II. List of ICRs Planned To Be Submitted
In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.), this notice announces that EPA is planning to submit the
following seven continuing ICR requests to OMB:
(1) Best Management Practices for Bleached Papergrade Kraft and
Soda Subcategory and the Papergrade Sulfite Subcategory of the Pulp,
Paper, and Paperboard Point Source Category, EPA ICR No. 1829.02, OMB
Control No. 2040-0207, expiring on June 30, 2005.
(2) Milestones Plan for the Bleached Papergrade Kraft and Soda
Subcategory of the Pulp, Paper, and Paperboard Point Source Category,
EPA ICR No. 1877.02, OMB Control No. 2040-0202, expiring on June 30,
2005.
(3) Minimum Monitoring Requirements for the Pulp, Paper, and
Paperboard Effluent Limitations Guidelines and Standards, EPA ICR No.
1878.01, OMB Control No. 2040-0243, expiring on February 28, 2005.
(4) Baseline Standards and Best Management Practices for the Coal
Mining Point Category (40 CFR part 434)--Coal Remining Sub-category and
Western Alkaline Coal Mining Subcategory, EPA ICR No. 1944.02, OMB
Control No. 2040-0239, expiring on November 30, 2004.
(5) Information Collection Request for Cooling Water Intake
Structures New Facility Final Rule, EPA ICR No. 1973.02, OMB Control
No. 2040-0241, expiring on November 30, 2004.
(6) Certification in lieu of Chloroform Minimum Monitoring
Requirements for direct and indirect discharging mills in the bleached
papergrade kraft and soda subcategory of the Pulp, Paper, Paperboard
Point Source Category, EPA ICR No. 2015.01, OMB Control No. 2040-0242,
expiring on February 28, 2005.
(7) Pollution Prevention Compliance Alternative; Transportation
Equipment Cleaning (TEC) Point Source Category (40 CFR part 442), EPA
ICR No. 2018.01, OMB Control No. 2040-0235, expiring on October 31,
2004.
A. Contact Individual for ICRs
For all seven ICRs, please contact: Jack Faulk, Industrial Branch,
Water Permits Division, Office of Wastewater Management; tel.: (202)
564-0768, fax: (202) 564-6431; or e-mail: faulk.jack@epa.gov.
B. Individual ICRs
(1) Best Management Practices for Bleached Papergrade Kraft and
Soda Subcategory and the Papergrade Sulfite Subcategory of the Pulp,
Paper, and Paperboard Point Source Category, EPA ICR No. 1829.02, OMB
Control No. 2040-0207, expiring on June 30, 2005.
Affected Entities: Entities potentially affected by this action are
those operations that chemically pulp wood fiber using kraft or soda
methods to produce bleached papergrade pulp, paperboard, coarse paper,
tissue paper, fine paper, and/or paperboard; those operations that
chemically pulp wood fiber using papergrade sulfite methods to produce
pulp and/or paper; and State and local governments which regulate
discharges where such operations are located.
Abstract: The EPA has established BMP provisions as part of final
amendments to 40 CFR part 430, the Pulp, Paper and Paperboard Point
Source Category promulgated on April 15, 1998 (see 63 FR 18504-18751).
These provisions, promulgated under the authorities of sections 304,
307, 308, 402, and 501 of the Clean Water Act, require that owners or
operators of bleached papergrade kraft, soda and sulfite mills
implement site-specific BMPs to prevent or otherwise contain leaks and
spills of spent pulping liquors, soap and turpentine and to control
intentional diversions of these materials.
EPA has determined that these BMPs are necessary because the
materials controlled by these practices, if spilled or otherwise lost,
can interfere with wastewater treatment operations and lead to
increased discharges of toxic, nonconventional, and conventional
pollutants. For further discussion of the need for BMPs, see section
VI.B.7 of the preamble to the amendments to 40 CFR part 430 (see 63 FR
18561-18566).
The BMP program includes information collection requirements that
are intended to help accomplish the overall purposes of the program by,
for example, training personnel, see 40 CFR 430.03(c)(4), analyzing
spills that occur, see 40 CFR 430.03(c)(5), identifying equipment items
that might need to be upgraded or repaired, see 40 CFR 430.03(c)(2),
and performing monitoring--including the operation of monitoring
systems--to detect leaks, spills and intentional diversion and
generally to evaluate the effectiveness of the BMPs, see 40 CFR
430.03(c)(3), (c)(10), (h), and (i). The regulations also require mills
to develop and, when appropriate, amend plans specifying how the mills
will implement the specified BMPs, and to certify to the permitting or
pretreatment authority that they have done so in accordance with good
engineering practices and the requirements of the regulation. See 40
CFR 430.03(d), (e) and (f). The purpose of those provisions is,
respectively, to facilitate the implementation of BMPs on a site-
specific basis and to help the regulating authorities to ensure
compliance without requiring the submission of actual BMP plans.
Finally, the record keeping provisions are intended to facilitate
training, to signal the need for different or more vigorously
implemented BMPs, and to facilitate compliance assessment. See 40 CFR
430.03(g).
EPA has structured the regulation to provide maximum flexibility to
the regulated community and to minimize administrative burdens on NPDES
permit and pretreatment control authorities that regulate bleached
papergrade kraft and soda and papergrade sulfite mills. Although EPA
does not anticipate that mills will be required to submit any
confidential business information or trade secrets as part of this ICR,
all data claimed as confidential business information will be handled
by EPA pursuant to 40 CFR part 2.
Burden Statement: The recurring burden for a mill to periodically
review and amend the BMP plan, prepare spill reports, perform
additional monitoring, hold refresher training, and conduct
recordkeeping and reporting is estimated to be 617, 641, and 665 hours
annually per mill for simple, moderately complex, and complex mills,
respectively. The total recurring cost for the estimated 41 bleached
papergrade kraft and soda and 11 papergrade sulfite mills associated
with the BMP requirements is estimated at $1,807,670.
The recurring burden to State NPDES and pretreatment control
authorities is estimated at ten hours per year per facility for
reviewing periodic (e.g., annual or semi-annual) monitoring reports and
conducting compliance reviews. The total recurring costs for State
NPDES and pretreatment control authorities is estimated at $32,100.
(2) Milestones Plan, Effluent Limitations Guidelines and Standards,
Bleached Papergrade Kraft and Soda Subcategory, Pulp, Paper, and
Paperboard Manufacturing Category,
[[Page 52886]]
EPA ICR No. 1877.02, OMB Control No. 2040-0202, expiring June 30, 2005.
Affected Entities: Entities potentially affected by this action are
those existing, direct discharging mills with operations that
chemically pulp wood fiber using kraft or soda methods to produce
bleached papergrade pulp, paperboard, coarse paper, tissue paper, fine
paper, and/or paperboard and that choose to participate in the
Voluntary Incentives Program established under 40 CFR 430.24(b).
Abstract: The EPA has established the Milestones Plan requirements
for enrollment in the Voluntary Advanced Technology Incentives Program
(VATIP) as part of final amendments to 40 CFR part 430, the Pulp, Paper
and Paperboard Point Source Category promulgated on April 15, 1998 (see
63 FR 18504-18751). The Milestones Plan provisions, promulgated under
the authorities of sections 301, 304, 306, 307, 308, 402 and 501 of the
Clean Water Act, require owners or operators of bleached papergrade
kraft and soda mills enrolled in the VATIP to submit information to
describe each envisioned new technology component or process
modification the mill intends to implement in order to achieve the
VATIP Best Available Technology (BAT) limits, including a master
schedule showing the sequence of implementing new technologies and
process modifications and identifying critical-path relationships
within the sequence.
EPA has determined that the Milestones Plan will provide valuable
benchmarks for reasonable inquiries into progress being made by
participating mills toward achievement of the interim and ultimate Tier
limits of the VATIP and will offer the necessary flexibility to the
mill and the permit writer so that the milestones selected to be
incorporated into the mill's NPDES permit reflect the unique situation
of the mill.
The Milestones Plan must include the following information for each
new individual technology or process modification: (1) A schedule of
anticipated dates for associated construction, installation, and/or
process changes; (2) the anticipated dates of completion for those
steps; (3) the anticipated date that the Advanced Technology process or
individual component will be fully operational; (4) and the anticipated
reductions in effluent quantity and improvements in effluent quality as
measured at the bleach plant(for bleach plant, pulping area and
evaporator condensates flow and BAT parameters other than Adsorbable
Organic Halides (AOX)) and the end of the pipe (for AOX). For those
technologies or process modifications that are not commercially
available or demonstrated on a full-scale basis at the time of plan
development, the Plan is required to include a schedule for research
(if necessary), process development, and mill trials, including major
milestone dates and the anticipated date the technology or process
change will be available for mill implementation. The Plan must also
include contingency plans in the event that any of the technologies or
processes specified in the Milestones Plan need to be adjusted or
alternative approaches developed to ensure that the ultimate tier
limits are achieved by the deadlines specified in 40 CFR
430.24(b)(4)(ii).
EPA has structured the Plan to provide maximum flexibility to the
regulated community and to minimize administrative burdens on NPDES
permit authorities that regulate bleached papergrade kraft and soda
mills. All data claimed as confidential business information or trade
secrets submitted by the mills as part of this ICR will be handled by
EPA pursuant to 40 CFR part 2.
Burden Statement: EPA estimates that 29 mills will voluntarily
enroll into VATIP. The burden for a mill (which chooses to participate
voluntarily in the incentives program) to prepare and submit a
Milestones Plan is estimated to average approximately 120 hours per
respondent. This is a one-time burden. State NPDES permitting
authorities burden to review the Milestones Plans is estimated at 16
hours per respondent as an initial burden with a average recurring
annual review burden of 6 hours per respondent. The total initial cost
for the 29 mills anticipated to enroll in the VATIP and thus be
required to develop a Milestones Plan is estimated at $480,900. The
total initial burden incurred by State permitting authorities is
estimated at $15,680. The total recurring burden incurred by State
permitting authorities is estimated at $5,880. There is no recurring
burden for mill respondents associated with this information
collection.
(3) Minimum Monitoring Requirements for the Pulp, Paper, and
Paperboard Effluent Limitations Guidelines and Standards, EPA ICR No.
1878.01, OMB Control No. 2040-0243, expiring on February 28, 2005.
Affected Entities: Entities potentially affected by this action are
those operations that chemically pulp wood fiber using kraft or soda
methods to produce bleached papergrade pulp, paperboard, coarse paper,
tissue paper, fine paper, and/or paperboard; and those operations that
chemically pulp wood fiber using papergrade sulfite methods to produce
pulp and/or paper.
Abstract: The EPA imposed minimum monitoring requirements on
bleached papergrade kraft and soda (subpart B) and papergrade sulfite
(subpart E) mills under 40 CFR part 430 as part of the effluent
limitations guidelines and standards promulgated on April 15, 1998 (63
FR 18504). With approval of this ICR, the permitting and pretreatment
control authority must require applicable facilities subject to
subparts B or E to monitor their effluent for adsorbable organic
halides (AOX), 2,3,7,8-tetrachlorodibenzo-p-dioxin (TCDD), 2,3,7,8-
tetrachlorodibenzofuran (TCDF), chloroform, and 12 chlorinated
phenolics at specified frequencies. See 40 CFR 430.02. Under 40 CFR
122.41 (e)(4), the discharger must then report these monitoring results
to the permitting or pretreatment control authority using either
Discharge Monitoring Reports (DMRs) or Periodic Compliance Reports
(PCRs). These additional minimum monitoring requirements and
corresponding additional reporting requirements are necessary to
demonstrate compliance with the effluent limitations guidelines and
standards promulgated at 40 CFR part 430, subparts B and E.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 392
hours per response. The estimated number of respondents is 94 and the
frequency of response is not less than annually for direct dischargers
and not less than twice annually for indirect dischargers. The total
annual hour burden is 36,858 hours and the total annualized cost burden
(non labor costs) is $6,414,910.
(4) Baseline Standards and Best Management Practices for the Coal
Mining Point Category (40 CFR part 434)--Coal Remining Sub-category and
Western Alkaline Coal Mining Subcategory, EPA ICR No. 1944.02, OMB
Control No. 2040-0239, expiring on November 30, 2004.
Affected Entities: Entities potentially affected by this action are
coal remining sites with pre-existing discharges; western alkaline coal
mining sites with sediment control; and NPDES permit control
authorities.
Abstract: This ICR presents estimates of the burden and costs to
the regulated community (approximately 234 coal remining sites and 46
western alkaline surface coal mining sites) and NPDES permit control
authorities for data collection and record keeping associated with
modeling, BMP implementation, baseline monitoring, and performance
monitoring requirements of the Coal
[[Page 52887]]
Mining Point Source--Coal Remining Subcategory and Western Alkaline
Coal Mining Subcategory Effluent Limitations Guidelines (40 CFR 434.70
and 434.80).
Coal remining is the mining of surface mine lands, underground mine
lands, and coal refuse piles that have been previously mined and
abandoned. Acid mine drainage from abandoned coal mines is a
significant problem in Appalachia, with approximately 1.1 million acres
of abandoned coal mine lands and over 9,700 miles of streams polluted
by acid mine drainage.
During the remining process, acid-forming materials are removed
with the extraction of the coal, pollution abatement BMPs are
implemented under applicable regulatory requirements, and the abandoned
mine land is reclaimed. During remining, many of the problems
associated with abandoned mine land, such as dangerous highwalls,
vertical openings, and abandoned coal refuse piles can be corrected
without using public funds.
The remining regulations include a requirement that the operator
implement BMPs to demonstrate the potential to improve water quality.
The site-specific BMPs will be incorporated into a pollution abatement
plan. Data collection and record keeping requirements under this
Subcategory will include baseline determination, annual monitoring and
reporting for pre-existing discharges and a description of site-
specific BMPs. In most cases, EPA believes that the BMP requirements
for the pollution abatement plan will be satisfied by an approved SMCRA
plan.
Western alkaline coal mines include surface and underground mining
operations located in the interior western United States. EPA estimates
that 46 mine sites will be affected by this subcategory, representing
2% of the total number of U.S. coal mines, but accounting for \1/3\ of
U.S. coal production.
The subcategory establishes non-numeric limitations on the amount
of sediment that can be discharged from coal mine reclamation areas. In
lieu of numeric standards, the mine operator must develop a site-
specific sediment control plan for surface reclamation areas
identifying BMP design, construction, and maintenance specifications
and expected effectiveness. The operator will be required to
demonstrate, using models accepted by the regulatory authority, that
implementation of the BMPs will ensure that average annual sediment
levels in drainage from reclamation areas would not exceed predicted
natural background levels of sediment discharges at that site. Data
collection and record keeping requirements under this Subcategory will
include a description of site-specific sediment control BMPs and
watershed model results. EPA believes that plans developed to comply
with SMCRA requirements will usually fulfill the EPA requirements for
sediment control plans.
EPA does not expect that any confidential business information or
trade secrets will be required from coal mining operators as part of
this ICR. If information submitted in conjunction with this ICR were to
contain confidential business information, the respondent has the
authority to request that the information be treated as confidential
business information. All data so designated will be handled by EPA
pursuant to 40 CFR part 2. This information will be maintained
according to procedures outlined in EPA's Security Manual Part III,
Chapter 9, dated August 9, 1976. Pursuant to section 308(b) of the CWA,
effluent data may not be treated as confidential.
Burden Statement: The potential number of coal remining respondents
is calculated based on the approximation that 78 permits per year may
be issued. The duration of this ICR is three years and therefore the
potential respondents over this time frame is (78 x 3) 234. The
potential number of western alkaline surface mining respondents is
estimated to be 46 for this subcategory. Although there are a total of
44 authorized NPDES states, the number of state NPDES authorities
estimated to be impacted by the rule is 10. The initial burden for coal
mining and remining sites under the rule is estimated at 1,890 hours
and $314,538 for baseline determination monitoring at coal remining
sites. The annual burden for coal mining and remining sites under the
rule is estimated at 3,024 hours per year and $189,302 per year for
annual monitoring at coal remining sites.
The initial burden for NPDES control authorities is estimated at
9,800 hours and $310,464 for review of SMCRA remining and reclamation
plans (which include BMPs) and preparation of the NPDES permit. The
annual burden for NPDES control authorities is estimated at 2,340 hours
per year and $74,131 per year for review of annual monitoring data at
coal remining sites.
Monitoring costs apply to the Coal Remining Subcategory only. The
average annual monitoring costs for all respondents under this ICR is
$294,148 ($314,538/3 + $189,302).
For the Coal Remining Subcategory, the public reporting burden is
estimated to average 15.6 hours per respondent per year ((1,890 hours/3
years + 3,024 hours/year) / 234 coal remining sites). This estimate
includes time for collecting and submitting baseline and annual
monitoring results. For the Western Alkaline Coal Mining Subcategory,
there is projected to be no additional public reporting burden.
(5) Information Collection Request for Cooling Water Intake
Structures New Facility Final Rule, EPA ICR No. 1973.02, OMB Control
No. 2040-0241, expiring on November 30, 2004.
Affected Entities: Entities affected by this action are new
facilities that are point sources (i.e. subject to a NPDES permit) that
use or propose to use a cooling water intake structure (CWIS), have at
least one cooling water intake structure that uses at least 25 percent
(measured on an average monthly basis) of the water withdrawn for
cooling purposes, and have a design intake flow greater than two
million gallons per day (MGD). Generally, facilities that meet these
criteria fall into two major groups: new power producing facilities and
new manufacturing facilities. Power producers affected by the final
rule are likely to be both utility and nonutility power producers since
they typically have large cooling water requirements. The EPA
identified four categories of manufacturing facilities that tend to
require large amounts of cooling water: paper and allied products,
chemical and allied products, petroleum and coal products, and primary
metals.
Abstract: The section 316(b) New Facility Rule requires the
collection of information from new facilities that use a CWIS. Section
316(b) of the 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 CWISs at that
facility reflect the best technology available (BTA) for minimizing
adverse environmental impact. See 66 FR 65256. Such impact occurs as a
result of impingement (where fish 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 system, passed through the heat exchanger, and then pumped
back out with the discharge from the facility). The 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 CWISs.
[[Page 52888]]
Burden Statement: The annual average reporting and recordkeeping
burden for the collection of information by facilities responding to
the section 316(b) New Facility Rule is estimated to be 2,650 hours per
respondent (i.e., an annual average of 37,104 hours of burden divided
among an anticipated annual average of 14 facilities). The Director
reporting and recordkeeping burden for the review, oversight, and
administration of the rule is estimated to average 136 hours per
respondent (i.e., an annual average of 3,271 hours of burden divided
among an anticipated 24 States on average per year). During the first
three years after rule promulgation, the information collection
required by the rule involves responses from an estimated total of 18
facilities and 44 States and Territories and costs approximately $11.6
million (including operation and maintenance costs), with an annual
average of 38 respondents, 40,376 burden hours, and $3.9 million per
year.
(6) Certification in lieu of Chloroform Minimum Monitoring
Requirements for direct and indirect discharging mills in the bleached
papergrade kraft and soda subcategory of the pulp, Paper, Paperboard
Point Source Category, EPA ICR No. 2015.01, OMB Control No. 2040-0242,
expiring on February 28, 2005.
Affected Entities: Operations that chemically pulp wood fiber using
kraft or soda methods to produce bleached papergrade pulp, paperboard,
coarse paper, tissue paper, fine paper, and/or paperboard.
Abstract: The EPA imposed minimum monitoring requirements on
bleached papergrade kraft and soda (subpart B) mills under 40 CFR part
430 as part of the final Cluster Rules promulgated on April 15, 1998.
See 63 FR 18504. These provisions require direct and indirect
discharging subpart B mills to monitor their effluent for certain
pollutants, including chloroform, at specified frequencies. See 40 CFR
430.02. EPA promulgated an amendment to the Cluster Rules to allow
direct and indirect discharging Subpart B mills, for a particular fiber
line, to demonstrate compliance with applicable chloroform limitations
and standards under 40 CFR part 430 in lieu of the minimum monitoring
requirements specified in 40 CFR 430.02 by voluntarily certifying two
sets of circumstances. See 67 FR 58990. First, the mill would need to
certify that the fiber line(s) in question is/are not using elemental
chlorine or hypochlorite as bleaching agents. Second, the mill would
need to certify that the fiber line(s) in question maintain(s) certain
process and operating conditions that the facility has demonstrated
achieve compliance with applicable chloroform limitations.
The burden associated with these additional voluntary reporting
requirements is expected to be offset by a substantial savings in
burden and costs that would otherwise be incurred, pursuant to the
minimum monitoring frequency and duration at 40 CFR 430.02, to comply
with applicable chloroform effluent limitations and standards.
All data submitted by mills as part of the initial compliance
demonstration and claimed as confidential business information would be
maintained pursuant to 40 CFR part 2 when EPA is the permitting
authority, and pursuant to regulations governing such information when
States are the permitting authorities.
Burden Statement: The annual public reporting and recordkeeping
burden for this voluntary collection of information is estimated to
average six hours per response. The estimated number of respondents is
80 and the frequency of response is not less than annually for direct
dischargers and not less than twice annually for indirect dischargers.
The total annual hour burden is 480 hours and the total annualized cost
burden (non-labor costs) is $0.
(7) Pollution Prevention Compliance Alternative; Transportation
Equipment Cleaning (TEC) Point Source Category (40 CFR part 442), EPA
ICR No. 2018.01, OMB Control No. 2040-0235, expiring on October 31,
2004.
Affected Entities: Entities potentially affected are indirect
discharge facilities from subparts A and B (facilities that clean tank
trucks, intermodal tank containers, and rail tank cars transporting
chemical and petroleum cargos), that choose the pollution prevention
compliance option to reduce pollutant discharges.
Abstract: EPA issued a final guideline for the TEC point source
category on August 14, 2000. This final rule included a regulatory
compliance option which allows certain facilities to develop a
Pollutant Management Plan (PMP) in lieu of meeting numeric standards.
Facilities have the option to develop this plan if it would be a more
beneficial compliance alternative. The PMP is only available for PSES
and PSNS in subparts A and B of the TEC regulation, representing a
potential 316 facilities.
The PMP includes requirements for recordkeeping and paperwork that
were not previously included in the burden estimate for the TEC
industry. This ICR presents estimates of the burden hours and costs to
the regulated community and pretreatment authorities for data
collection and recordkeeping associated with implementing the pollution
prevention compliance option.
The PMP is an effective alternative method of reducing pollutant
discharges from indirect dischargers in subparts A and B (facilities
that clean tank trucks, intermodal tank containers, and rail tank cars
transporting chemical and petroleum cargos). The PMP contains 10
components that must be considered and addressed when developing the
Plan. These components require facilities to identify and segregate
incompatible waste streams which may include heels, prerinse or
prestream wastewater, and spent cleaning solutions from wastewater
discharged to the POTW. The PMP also requires provisions for recycling
or reuse of incompatible waste streams and for minimizing the use of
toxic cleaning agents. Data collection and recordkeeping requirements
under the pollution prevention compliance option include preparing the
PMP and maintaining records to demonstrate compliance with the
procedures and provisions of the PMP. Records will be stored on site,
and there are no reporting requirements.
Burden Statement: The regulated community includes approximately
316 indirect discharging facilities. EPA assumes that all regulated
facilities will evaluate the alternative pollution prevention
compliance option to determine whether it would be less costly than
complying with numerical limits. Based on discussions with industry
stakeholders and pretreatment authorities, EPA assumes that 25% of
these facilities will select the pollution prevention compliance
option.
For the TEC pollution prevention compliance option, the burden is
estimated to average 240.3 hours per respondent per year. This estimate
includes time for preparing and submitting the statement of intent,
preparing and submitting the PMP, collecting information and
recordkeeping, and operator training. The estimated total labor for
respondents is 19,144 hours, with a total cost of $554,451.
Dated: August 20, 2004.
James A. Hanlon,
Director, Office of Wastewater Management.
[FR Doc. 04-19716 Filed 8-27-04; 8:45 am]
BILLING CODE 6560-50-P