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Agency Information Collection Activities: Proposed Collection; Comment Request; Aquatic Animal Production Industry Survey

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  [Federal Register: September 14, 2000 (Volume 65, Number 179)]
[Notices]
[Page 55522-55524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se00-56]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6868-4]


Agency Information Collection Activities: Proposed Collection;
Comment Request; Aquatic Animal Production Industry Survey

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 the
following proposed Information Collection Request (ICR) to the Office
of Management and Budget (OMB): Aquatic Animal Production Industry
Survey (EPA ICR No. 1988.01). Before submitting the ICR to OMB for
review and approval, EPA is soliciting comments on specific aspects of
the proposed information collection as described below.

DATES: Comments must be submitted on or before November 13, 2000.

ADDRESSES: Comments may be mailed to Ms. Marta Jordan, U.S. EPA (4303)
1200 Pennsylvania Ave., NW., Washington, DC 20460. Comments may also be
submitted electronically to jordan.marta@epa.gov.

FOR FURTHER INFORMATION CONTACT: To request a copy of the ICR,
including a draft of the survey, contact Ms. Marta Jordan at (202) 260-
0817.

SUPPLEMENTARY INFORMATION: Affected Entities: Entities potentially
affected by this action include operators of aquatic animal production
facilities within or that discharge to waters of the United States. The
survey is intended to identify and collect data from aquatic animal
production facilities that generate and discharge process wastewater
associated with industrial activities. Aquatic animal production
facilities (e.g., fish hatcheries or fish farms) are privately or
publicly owned facilities that contain, grow or hold aquatic animals.
    Title: Aquatic Animal Production Industry Survey (EPA ICR No.
1988.01).
    Abstract: EPA is planning to survey aquatic animal production
facilities to collect the technical and economic information EPA will
need to develop effluent limitations guidelines and standards.
Currently, no nationally applicable effluent limitations guidelines and
standards exist to regulate discharges from facilities in this
industry. EPA will develop effluent regulations for this industry due,
in part, to the widespread concern about excess nutrients and other
chemicals entering the Nation's waters from animal production and
feeding operations (both aquatic and land based).
    EPA is required by section 304(m) of the Clean Water Act, 33 U.S.C.
1314(m), to identify categories of sources that discharge pollutants
and to establish a schedule for establishing effluent limitations
guidelines for these categories. EPA is also required by the terms of a
Consent Decree with the Natural Resources Defense Council, Inc. (NRDC)
to develop effluent limitations guidelines and standards for the
aquatic animal production industry. NRDC v EPA, (D.D.C. Civ. No. 89-
2980, January 31, 1992, as modified). EPA is conducting the survey to
collect the information EPA needs to respond to

[[Page 55523]]

these legislative and judicial requirements.
    EPA would issue this survey instrument under authority of section
308 of the Clean Water Act, 33 U.S.C. 1318. Responses from survey
recipients will be mandatory. EPA would mail the survey instrument to
aquatic animal producers after OMB approves the ICR. The ICR submitted
by EPA to OMB will include discussion of the comments received in
response to today's notice. 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 proposed survey instrument is an important part of the effluent
limitations guidelines development process. The proposed survey
instrument will provide EPA with the technical and economic data
necessary to evaluate effective pollution control technologies and the
economic achievability of any final rule applicable to aquatic animal
production facility discharges. Burden reduction suggestions should be
mindful of EPA's need to collect information on the pollutants
discharged by aquatic animal production facilities, the processes that
generate pollutants, alternative controls, the economic achievability
of proposed regulations, and the benefits derived from reducing
pollution in our oceans, lakes, rivers, and streams. EPA will consider
characteristics of the wastewater discharges, performance of the
control technologies, including management practices and the
affordability (economic achievability) by different segments (or
subcategories) when making final decisions on requirements for
controlling the discharges from the industry.
    Regulations governing the confidentiality of business information
are contained in the Code of Federal Regulations (CFR) at Title 40 Part
2, Subpart B. A survey respondent may submit a business confidentiality
claim covering part or all of the response to this survey, other than
effluent data, as described in 40 CFR 2.203 (b):
    (b) Method and time of asserting business confidentiality claim. A
business which is submitting information to EPA may assert a business
confidentiality claim covering the information by placing on (or
attaching to) the information, at the time it is submitted to EPA, a
cover sheet, stamped or typed legend, or other suitable form or company
confidential. Allegedly, confidential portions of otherwise
nonconfidential documents should be clearly identified by the business,
and may be submitted separately to facilitate identification and
handling by EPA. If the business desires confidential treatment only
until a certain date or until the occurrence of a certain event, the
notice should so state.
    If no business confidentiality claim accompanies the information
when it is received by EPA, EPA may make the information available to
the public without further notice.
    EPA developed the proposed survey instrument in a manner designed
to reduce burden and improve clarity. EPA believes that the facilities
potentially affected by this regulation can be adequately characterized
by sending the survey to only a portion of facilities in the industry.
EPA estimates mailing surveys to less than 500 facilities and would
include facilities varying in size and ownership characteristics,
(although this number may change before the survey is mailed as EPA
refines its methodology for determining the portion of facilities, by
segment of industry, to receive the survey). EPA distributed the draft
survey in advance of this notice to the Joint Subcommittee on
Aquaculture, Aquaculture Effluents Task Force (JSA/AETF), which
includes representatives from industry trade associations, academia,
and other interested stakeholders. EPA also conducted two conference
calls with one of the major technical subgroups (economic technical
subgroup) of the JSA/AETF to discuss the economic questions in the
survey. To the extent possible, EPA incorporated comments and
suggestions from these initial reviews into the current draft of the
survey instrument. Finally, once EPA mails the survey instrument, EPA
intends to maintain a temporary, toll-free number that survey
recipients may call to obtain assistance in completing the survey. EPA
believes that the toll-free telephone number should greatly reduce
burden by helping recipients to answer specific questions within the
context of their individual operations.
    The survey instrument will provide information to characterize
current conditions in the aquatic animal production industry, which has
grown and changed since 1977, when EPA proposed, but did not adopt,
effluent limitations guidelines and standards for fish hatcheries and
farms (which are included in the broader category of aquatic animal
production facilities). EPA intends to supplement the survey responses
with publicly available data, such as Dun and Bradstreet records and
NPDES permitted facility data (Discharge Monitoring Reports). EPA also
plans to use information from the 1998 USDA Aquaculture Census, to the
extent possible.
    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 the use of appropriate automated
electronic, mechanical, or other information collection techniques,
e.g., permitting electronic submission of responses.
    Burden Statement: 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. Burden
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; to
adjust the existing ways to comply with any previously applicable
instructions and requirements; to train personnel to be able to respond
to a collection of information; to search data sources; to complete and
review the collection of information; and to transmit or otherwise
disclose the information.
    The EPA burden estimate on facilities is based on an estimated 500
facilities completing the survey. EPA estimates that the total cost
burden will be approximately $352,250 and the hour burden will be
15,500 hours, as described in more detail in the tables below.

[[Page 55524]]

         Respondent Average Burden per Survey Response Activity
------------------------------------------------------------------------
                                                                Total
                                                              burden per
                    Respondent activity                        activity
                                                               (hours)
------------------------------------------------------------------------
Read Instructions..........................................            5
Gather Information/Data....................................           11
Complete Survey Form.......................................            8
Review Survey Responses....................................            7
                                                            ------------
      All Activities.......................................           31
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                               Collection of Aquatic Animal Production Facilities Data, Total Respondent Burden and Costs
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                                                                                           Average
                                                                 Average                 labor costs               Average O&M
                                                                burden per     Totabl        per      Total labor   costs per    Total O&M   Total costs
                  Total number of responses                       burden     burden (in   respondent   costs (in    respondent   costs (in       (in
                                                                respondent     hours)        (in        dollars)       (in        dollars)     dollars)
                                                                (in hours)                 dollars)                  dollars)
--------------------------------------------------------------------------------------------------------------------------------------------------------
500..........................................................           31       15,500         $694     $347,000       $10.50       $5,250     $352,250
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    In addition, EPA solicits comments and suggestions regarding the
substance and form of the draft survey instrument. For example, EPA
solicts comment on whether the directions and questions are clear and
concise; whether the definitions are consistent with the industry's use
of terms; whether the right questions are contained in the survey (if
not, please suggest more appropriate ones); whether the questions
adequately cover all pertinent factors relevant to developing equitable
guidelines (if not, what needs to be added?). EPA is also soliciting
survey instrument. For example, EPA solicits comment on whether the
directions and questions are clear and concise; whether the definitions
are consistent with the industry's use of terms; whether the right
questions are contained in the survey (if not, please suggest more
appropriate ones); whether the questions adequately cover all pertinent
factors relevant to developing equitable guidelines (if not, what needs
to be added?) EPA is also soliciting comments on means of reducing the
data collection burden.

    Dated: August 31, 2000.
Geoffrey H. Grubbs,
Director, Office of Science and Technology.
[FR Doc. 00-23650 Filed 9-13-00; 8:45 am]
BILLING CODE 6560-50-P 

 
 


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