National Pollutant Discharge Elimination System--Amendment of
Final Regulations Addressing Cooling Water Intake Structures for New
Facilities
[Federal Register: December 26, 2002 (Volume 67, Number 248)]
[Proposed Rules]
[Page 78956-78958]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de02-30]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 125
[FRL-7430-3]
National Pollutant Discharge Elimination System--Amendment of
Final Regulations Addressing Cooling Water Intake Structures for New
Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing minor changes to EPA's final rule
implementing section 316(b) of the Clean Water Act (CWA) for new
facilities that use water withdrawn from rivers, streams, lakes,
reservoirs, estuaries, oceans or other waters of the United States for
cooling purposes published December 18, 2001. The December 2001 rule
established national technology-based performance requirements
applicable to the location, design, construction, and capacity of
cooling water intake structures at new facilities. The national
requirements establish the best technology available for minimizing
adverse environmental impact associated with the use of these
structures. EPA is proposing several minor changes to the December 2001
rule because, in several instances, the Phase I final rule text does
not reflect the Agency's intent.
DATES: Written comments must be received by January 27, 2003.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I.B. of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Martha Segall, USEPA Office of Water
by phone at (202) 566-1041 or by e-mail at rule.316b@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Regulated Entities
This proposed rule applies to new greenfield and stand-alone
facilities that use cooling water intake structures to withdraw water
from waters of the U.S. and that have or require a National Pollutant
Discharge Elimination System (NPDES) permit issued under section 402 of
the CWA. New facilities subject to this regulation would include those
that have a design intake flow of greater than two (2) million gallons
per day (MGD) and that use at least twenty-five (25) percent of water
withdrawn for cooling purposes. Today's proposed rule would not apply
to existing facilities, major modifications to existing facilities that
would be ``new sources'' under 40 CFR 122.29(b) as that term is used in
the effluent guidelines and standards program, or facilities that
employ cooling water intake structures in the offshore oil and gas
extraction point source category as defined under 40 CFR 435.10 and 40
CFR 435.40.
The following table is not intended to be exhaustive; rather, it
provides a guide for readers regarding entities likely to be regulated
by this action. The table lists the types of entities that EPA is now
aware could potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether your facility would be regulated by this action, you should
carefully examine the applicability criteria at 40 CFR 125.81. If you
have questions about the applicability of this action to a particular
entity, consult the person listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
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Standard
Industrial North American Industry Codes
Category Examples of Regulated Entities Classification (NAIC)
Codes
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Federal, State and Local Operators of steam electric 4911 and 493... 221111, 221112, 221113, 221119,
Government. generating point source 221121, 221122, 221111, 221112,
dischargers that employ 221113, 221119, 221121, 221122
cooling water intake
structures.
Industry.................... Operators of industrial point See below...... See below
source dischargers that
employ cooling water intake
structures.
Steam electric generating..... 4911 and 493... 221111, 221112, 221113, 221119,
221121, 221122, 221111, 221112,
221113, 221119, 221121, 221122
Agricultural production....... 0133........... 111991, 11193
Metal mining.................. 1011........... 21221
Oil and gas extraction 1311, 1321..... 211111, 211112
(Excluding offshore and
coastal subcategories).
Mining and quarrying of 1474........... 212391
nonmetallic minerals.
Food and kindred products..... 2046, 2061, 311221, 311311, 311312, 311313,
2062, 2063, 311222, 311225, 31214
2075, 2085.
Tobacco products.............. 2141........... 312229, 31221
Textile mill products......... 2211........... 31321
Lumber and wood products, 2415, 2421, 321912, 321113, 321918, 321999,
except furniture. 2436, 2493. 321212, 321219
Paper and allied products..... 2611, 2621, 3221, 322121, 32213, 322121,
2631, 2676. 322122, 32213, 322291
Chemical and allied products.. 28 (except 325 (except products 325182,
2895, 2893, 32591, 32551, 32532)
2851, and
2879).
Petroleum refining and related 2911, 2999..... 32411, 324199
industries.
Rubber and miscellaneous 3011, 3069..... 326211, 31332, 326192, 326299
plastics products.
Stone, clay, glass, and 3241........... 32731
concrete products.
Primary metal industries...... 3312, 3313, 324199, 331111, 331112, 331492,
3315, 3316, 331222, 332618, 331221, 22121,
3317, 3334, 331312, 331419, 331315, 331521,
3339, 3353, 331524, 331525
3363, 3365,
3366.
[[Page 78957]]
Fabricated metal products, 3421, 3499..... 332211, 337215, 332117, 332439,
except machinery and 33251, 332919, 339914, 332999
transportation equipment.
Industrial and commercial 3523, 3531..... 333111, 332323, 332212, 333922,
machinery and computer 22651, 333923, 33312
equipment.
Transportation equipment...... 3724, 3743, 336412, 333911, 33651, 336416
3764.
Measuring, analyzing, and 3861........... 333315, 325992
controlling instruments;
photographic, medical, and
optical goods; watches and
clocks.
Electric, gas, and sanitary 4911, 4931, 221111, 221112, 221113, 221119,
services. 4939, 4961. 221121, 221122, 22121, 22133
Educational services.......... 8221........... 61131
Engineering, accounting, 8731........... 54171
research, management and
related services.
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B. How Can I Get Copies of This Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under Docket ID No. OW-2002-0052. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
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 B102, 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 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/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. 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 appropriate docket identification number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as confidential business information (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 Unit I.A.1. 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.
C. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. Please submit with your comments any references cited
in your comments. 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; however, late comments may be
considered if time permits. If you wish to submit CBI or information
that is otherwise protected by statute, please follow the instructions
in Unit I.C. 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
prescribed 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
[[Page 78958]]
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 Docket ID No. OW-
2002-0052. 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. OW-2002-0052. 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 Unit 1.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 an original and three (3) copies of your comments
to the ``Water Docket,'' U.S. Environmental Protection Agency,
Mailcode: 4101T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460,
Attention Docket ID No. OW-2002-0052.
3. By Hand Delivery or Courier. Deliver your comments to: Water
Docket, EPA Docket Center, EPA West, Room B102, 1301 Constitution Ave.,
NW., Washington, DC, Attention Docket ID No. OW-2002-0052. Such
deliveries are only accepted during the Docket's normal hours of
operation as identified in Unit 1.A.1.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail.
Send information identified as CBI by mail only to the following
address: Office of Science and Technology, Mailcode 4303T, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, Attention: Martha Segall/Docket ID No. OW-2002-
0056.
You may claim information that you submit to EPA as CBI by marking
any part or all of that information as CBI (if you submit CBI on disk
or CD ROM, mark the outside of the disk or CD ROM as CBI and then
identify electronically within the disk or CD ROM the specific
information that is CBI). Information so marked will not be disclosed
except in accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the person identified in the FOR FURTHER INFORMATION CONTACT section.
II. Discussion of Direct Final Rulemaking
EPA is proposing to make several minor revisions to the final
regulations addressing cooling water intake structures for new
facilities, published December 18, 2001. In the ``Rules and
Regulations'' section of today's Federal Register, we are approving
these revisions as a direct final rule without prior proposal because
we view these as noncontroversial revisions and anticipate no adverse
comment. We have described the revisions and our rationale for them in
the direct final rule. If EPA receives no adverse comment, the Agency
will not take further action on this proposed rule. If EPA receives
adverse comment on one or more distinct amendments, paragraphs, or
sections of this rulemaking, the Agency will publish a timely
withdrawal in the Federal Register indicating which provisions will
become effective and which provisions are being withdrawn due to
adverse comment. Any distinct amendment(s), paragraph(s), or section(s)
of today's rulemaking for which we do not receive adverse comment will
become effective on the date set in the direct final rule, not
withstanding any adverse comment on any other distinct amendment,
paragraph or section of today's rule. We will address all public
comments in a subsequent final rule based on this proposed rule. We
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
For the various statutes and Executive Orders that require findings
for each rulemaking, EPA incorporates the findings from the direct
final rulemaking into this companion notice for the purpose of
providing public notice and opportunity for comment
List of Subjects in 40 CFR Part 125
Environmental protection, Reporting and recordkeeping requirements,
Waste treatment and disposal, Water pollution control.
Dated: December 19, 2002.
Christine Todd Whitman,
Administrator.
[FR Doc. 02-32611 Filed 12-24-02; 8:45 am]
BILLING CODE 6560-50-P