INFORMATION
COLLECTION
REQUEST
SUPPORTING
STATEMENT
FOR
BASELINE
STANDARDS
AND
BEST
MANAGEMENT
PRACTICES
FOR
THE
COAL
MINING
POINT
SOURCE
CATEGORY
(
40
CFR
PART
434)
­
COAL
REMINING
SUBCATEGORY
AND
WESTERN
ALKALINE
COAL
MINING
SUBCATEGORY
(
final
rule)

August
23,
2001
U.
S.
Environmental
Protection
Agency
Office
of
Water
Engineering
and
Analysis
Division
401
M.
Street,
S.
W.
Washington,
D.
C.
20460
TABLE
OF
CONTENTS
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
of
the
Information
Collection
1(
b)
Short
Characterization/
Abstract
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
2(
b)
Practical
Utility/
Users
of
the
Data
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Nonduplication
3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
3(
c)
Consultations
3(
d)
Effects
of
Less
Frequent
Data
Collection
3(
e)
General
Guidelines
3(
f)
Confidentiality
3(
g)
Sensitive
Questions
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents
and
SIC
Codes
4(
b)
Information
Requested
4(
c)
Respondent
Activities
5.
THE
INFORMATION
COLLECTED:
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
5(
b)
Collection
Methodology
and
Management
5(
c)
Small
Entity
Flexibility
5(
d)
Collection
Schedule
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
6(
b)
Estimating
Government
Burden
6(
c)
Bottom
Line
Burden
and
Cost
Table
6(
d)
Reasons
for
Change
of
Burden
6(
e)
Burden
Statement
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
1(
a)
Title
of
the
Information
Collection
ICR:
Baseline
Standards
and
Best
Management
Practices
for
the
Coal
Mining
Point
Source
Category
(
40
CFR
part
434)
­
Coal
Remining
Subcategory
and
Western
Alkaline
Coal
Mining
Subcategory
(
EPA
ICR
No.
1944.02;
OMB
Control
Number
2040­
NEW).

1(
b)
Short
Characterization/
Abstract
This
Information
Collection
Request
(
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
Mining
Point
Source
­
Coal
Remining
Subcategory
and
Western
Alkaline
Coal
Mining
Subcategory
Effluent
Limitations
Guidelines
(
40
CFR
part
434.70
and
Part
434.80).
This
is
a
new
ICR.
EPA
is
amending
the
current
regulations
for
the
Coal
Mining
Point
Source
Category
(
40
CFR
Part
434)
by
adding
two
new
subcategories
to
the
existing
regulation;
the
Coal
Remining
Subcategory
and
the
Western
Alkaline
Coal
Mining
Subcategory.
This
regulation
is
projected
to
result
in
an
annual
cost
savings
of
approximately
$
13
million.

Coal
Remining
Subcategory
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.
The
establishment
of
the
coal
remining
subcategory
is
projected
to
cost
$
0.33
to
0.67
million
annually;
result
in
annual
benefits
of
$
0.7
to
1.2
million;
reduce
hazards
associated
with
abandoned
mine
lands;
and
encourage
the
extraction
of
7.1
to
14.5
millions
tons
of
coal
per
year
that
may
not
otherwise
be
recovered.

During
the
remining
process,
acid­
forming
materials
are
removed
with
the
extraction
of
the
coal,
pollution
abatement
Best
Management
Practices
(
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
current
regulations
at
40
CFR
part
434
create
a
disincentive
for
remining
because
of
the
high
compliance
costs
of
meeting
BAT
standards
for
drainage
which
has
been
severely
impaired.
The
remining
subcategory
will
allow
alternative
effluent
limits
such
that
the
mine
operator
cannot
worsen
the
pollutant
loadings
of
these
parameters.

The
remining
regulations
include
a
requirement
that
the
operator
implement
best
management
practices
(
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
Mining
Subcategory
The
establishment
of
the
Western
Alkaline
Coal
Mining
Subcategory
will
encourage
the
use
of
alternative
sediment
controls
for
the
control
of
sediment
in
non­
process
areas
of
western
alkaline
coal
mines.
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
US
coal
mines,
but
accounting
for
1/
3
of
US
coal
production.

The
western
alkaline
subcategory
is
projected
to
result
in
annual
cost
savings
of
approximately
$
13
million,
and
result
in
annual
benefits
of
$
0.039
to
0.745
million.
The
cost
savings
are
a
result
of
adopting
alternative
sediment
control
technologies
for
reclamation
areas
in
the
arid
west.
Specifically,
coal
mine
operators
will
incur
cost
savings
because
they
will
no
longer
have
to
construct
extensive
sediment
ponds.
Additionally,
EPA
projects
that
western
mines
will
be
able
to
obtain
phase
II
bond
release
in
a
shorter
period
of
time
due
to
the
use
of
alternative
sediment
controls,
resulting
in
additional
cost
savings
to
the
industry.

Existing
effluent
limitation
guidelines
establish
relatively
stringent
controls
on
the
amount
of
solids
that
can
be
discharged
into
waterways.
EPA
has
concluded
that
the
current
requirements
are
not
appropriate
for
arid
and
semiarid
western
reclamation
areas
because
of
the
negative
non­
water
quality
impacts
associated
with
the
predominant
use
of
sedimentation
ponds
used
to
control
runoff.
Therefore,
the
new
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.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
EPA
is
adding
two
new
subcategories
to
40
CFR
part
434
for
coal
mining
operations
to
address
environmental
issues
not
covered
under
the
existing
regulations.
The
addition
of
these
two
new
subcategories
is
expected
to
(
1)
reduce
severe
and
extensive
damage
resulting
from
abandoned
mine
lands
in
the
Appalachian
and
mid­
continent
coal
regions,
and
(
2)
reduce
adverse
environmental
impacts
resulting
from
the
predominant
use
of
sedimentation
ponds
for
sediment
control
in
the
arid
and
semiarid
western
coal
regions.

These
regulations
are
to
be
promulgated
under
the
authority
of
Sections
301,
304,
306,
307,
308,
402,
and
501
of
the
Clean
Water
Act
(
CWA),
33
U.
S.
C.
1311,
1314,
1316,
1317,
1318,
1342,
and
1361.

The
CWA
authorizes
the
Environmental
Protection
Agency
(
EPA)
to
include
Best
Management
Practices
in
effluent
limitations
guidelines
and
standards
regulations.
EPA's
legal
authority
for
regulations
based
on
BMPs
is
found
in
Section
402(
a)(
1),
Section
402(
a)(
2),
and
Section
501(
a)
of
the
Clean
Water
Act,
33
U.
S.
C.
1251.
et.
seq.
EPA
also
relies
on
40
CFR
122.44(
d).
The
BMP
regulation
is
consistent
with
the
Pollution
Prevention
Act
of
1990,
42
U.
S.
C.
13101.
et.
seq.

2(
b)
Practical
Utility/
Users
of
the
Data
The
primary
users
of
the
information
generated
through
the
baseline
determination
and
monitoring
data
and
BMP
descriptions
will
be
the
coal
mining
companies
who
perform
remining
operations
at
abandoned
mine
lands
and
those
who
perform
coal
mining
reclamation
activities
in
arid
and
semiarid
western
coal
regions.
In
addition,
the
baseline
determination
and
monitoring
data
and
BMP
descriptions
will
be
used
by
NPDES
control
authorities
to
set
baseline
standards
and
to
determine
compliance
with
the
regulations.

3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Nonduplication
The
baseline
determination
and
annual
monitoring
required
under
the
remining
subcategory
may
potentially
impact
remining
sites
in
ten
states.
For
pre­
existing
discharges
at
AML
remining
sites,
the
monitoring
requirements
of
the
regulation
are
already
currently
required
in
whole
or
part
by
seven
of
the
states
which
issue
Rahall
remining
permits.
For
three
states,
Rahall
permits
are
not
issued
and
EPA
is
assuming
that
monitoring
burden
will
need
to
be
assessed
for
these
states
under
this
rule.
EPA
is
also
assuming
that
monitoring
burden
will
need
to
be
assessed
for
states
whose
requirements
are
less
than
those
required
under
these
regulations.
This
incremental
data
collection
and
reporting
burden
for
the
baseline
determination
and
annual
monitoring
will
not
be
available
elsewhere.

For
pre­
existing
discharges
at
AML
remining
sites,
EPA
is
incorporating
BMP
standards
into
the
regulation
by
requiring
that
a
site­
specific
pollution
abatement
plan
be
developed
and
implemented
for
each
site.
The
requirements
of
the
plan
are
consistent
with
SMCRA
requirements
for
mining
operations
to
achieve
successful
revegetation
and
post­
mine
land
use.
Therefore,
in
most
cases,
the
BMP
requirements
for
the
pollution
abatement
plan
will
be
satisfied
by
an
approved
SMCRA
plan
and
will
not
be
duplication
in
the
reporting
burden
associated
with
the
BMP
requirements.
However,
EPA
or
the
State
NPDES
permitting
authority
will
review
the
plan
and
will
retain
the
authority
to
recommend
additional
or
incremental
BMPs
as
necessary
to
ensure
that
implementation
of
the
identified
BMPs
is
the
best
available
technology
economically
achievable.

For
discharges
at
western
alkaline
coal
mining
sites,
EPA
is
incorporating
BMP
standards
into
the
regulation
by
requiring
that
a
site­
specific
sediment
control
plan
be
developed
and
implemented
for
each
site.
The
requirements
of
the
plan
are
consistent
with
SMCRA
requirements
for
mining
operations
to
achieve
successful
revegetation
and
post­
mine
land
use.
Therefore,
in
most
cases,
the
BMP
requirements
for
the
pollution
abatement
plan
will
be
satisfied
by
an
approved
SMCRA
plan
and
will
not
be
duplication
in
the
reporting
burden
associated
with
the
BMP
requirements.
However,
EPA
or
the
State
NPDES
permitting
authority
will
review
the
plan
and
will
retain
the
authority
to
recommend
additional
or
incremental
BMPs
as
necessary
to
ensure
that
implementation
of
the
identified
BMPs
is
the
best
available
technology
economically
achievable.

EPA
has
examined
all
other
reporting
requirements
contained
in
the
Clean
Water
Act
and
40
CFR
Parts
122,
123,
124,
125,
501,
and
503.
The
Agency
has
also
consulted
other
sources
of
information
to
determine
if
similar
or
duplicative
information
is
available
elsewhere.
These
examinations
have
revealed
no
additional
duplicative
reporting
requirements.

3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
In
compliance
with
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et.
seq.),
the
EPA
solicited
comments
on
the
proposed
information
collection
in
the
Federal
Register
as
part
of
the
proposed
regulation
prior
to
submitting
this
ICR
to
the
Office
of
Management
and
Budget.

3(
c)
Consultations
EPA
has
had
discussion
with
the
following
organizations
regarding
development
of
this
regulation
and
the
attendant
record
keeping
and
reporting
requirements:


The
Interstate
Mining
Compact
Commission
(
IMCC);


The
National
Mining
Association
(
NMA);


Western
Interstate
Energy
Board
(
WIEB);


The
Office
of
Surface
Mining
Reclamation
and
Enforcement
(
OSMRE);


Pennsylvania
Department
of
Environmental
Protection
(
PADEP);


Other
States;


Tribes;
and

Industry
Representatives.
3(
d)
Effects
of
Less
Frequent
Data
Collection
The
Remining
regulations
require
collection
of
pre­
existing
discharge
data
at
a
minimum
frequency
of
once
per
month
per
pre­
existing
discharge
point
for
a
12­
month
period
to
set
baseline
standards,
and
at
the
frequency
of
once
per
month
per
pre­
existing
discharge
point
thereafter
to
demonstrate
compliance.
This
frequency
of
data
collection
to
set
baseline
standards
is
required
to
allow
sufficient
data
to
statistically
determine
an
average
discharge
value
and
variability
associated
with
that
value.
This
frequency
of
data
collection
is
considered
by
EPA
to
be
the
smallest
frequency
that
would
allow
a
significant
probability
of
revealing
a
substantial
increase
above
baseline
levels
within
one
year.
In
addition,
the
frequency
of
collection
will
allow
for
data
representative
of
seasonal
conditions.
If
a
facility
fails
to
demonstrate
compliance
with
the
baseline
standards,
the
monitoring
frequency
may
be
increased
so
that
the
permitting
authority
can
monitor
the
pre­
existing
discharge
more
closely
and
effect
corrective
action
to
re­
establish
compliance.

3(
e)
General
Guidelines
This
information
collection
is
consistent
with
OMB
guidelines
contained
in
5
CFR
1320.5(
d)(
2).

3(
f)
Confidentiality
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.

3(
g)
Sensitive
Questions
The
reporting
requirements
addressed
in
this
ICR
do
not
include
sensitive
questions.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
4(
a)
Respondents
and
SIC
Codes
The
respondents
for
this
ICR
will
be
approximately
234
coal
remining
sites
at
AML
with
pre­
existing
discharges
located
in
the
Appalachian
and
mid­
continent
coal
regions
and
approximately
46
surface
coal
mining
reclamation
sites
in
the
arid
and
semiarid
western
coal
regions.
These
sites
fall
under
SIC
codes
1221
(
Bituminous
Coal
and
Lignite
Surface
Mining),
1222
(
Bituminous
Coal
Underground
Mining),
and
1231
(
Anthracite
Mining).
Government
respondents
are
expected
to
be
approximately
10
State
authorities
who
will
prepare
new
NPDES
permits
in
the
implementation
of
the
regulation
and
will
conduct
technical
review
of
a
site's
SMCRA
reclamation
plan
to
assess
the
adequacy
of
the
BMPs.

4(
b)
Information
Requested
The
regulations
at
40
CFR
434.74
and
434.84
include
the
following
major
components:

Coal
Remining
at
AML
with
Pre­
existing
Discharges
­


Coal
remining
operators
are
required
to
perform
and
report
baseline
determination
for
each
pre­
existing
discharge
for
acidity,
solids,
iron
(
total),
and
manganese
(
total)
at
a
frequency
of
once
per
month
for
12
months.
Thereafter,
monitoring
will
occur
once
per
month.
Monitoring
may
be
increased
if
baseline
standards
are
not
met.


Coal
remining
operators
are
required
to
employ
appropriate,
site­
specific
best
management
practices
to
result
in
the
potential
for
improved
water
quality.
This
requirement
is
satisfied
by
implementation
of
a
site­
specific
pollution
abatement
plan
that
is
subject
to
the
NPDES
permit
authority
review
and
approval.

Western
Alkaline
Coal
Mining
with
Sediment
Control
­


Western
coal
mining
operators
are
required
to
apply
appropriate,
site­
specific
best
management
practices
that
will
result
in
average
annual
sediment
yields
that
will
not
be
greater
than
background
levels
from
pre­
mined,
undisturbed
conditions.
This
requirement
is
satisfied
by
development
of
a
site­
specific
sediment
control
plan
developed
using
a
watershed
model
and
describing
best
management
practices.
The
sediment
control
plan
and
model
results
are
subject
to
NPDES
permit
authority
review
and
approval.

4(
c)
Respondent
Activities
Coal
Remining
at
AML
with
Pre­
existing
Discharges
respondent
activities
include
the
following:


Preparing
basic
information.
This
includes
collection
of
baseline
determination
data
and
monitoring
data,
developing
the
pollution
abatement
plan
(
which
includes
applicable
BMPs)
that
will
be
described
in
the
SMCRA
permit
reclamation
plan,
and
making
reports
to
the
NPDES
permit
authority.


Maintaining
records.
All
coal
mining
and
remining
operators
must
keep
records
of
the
monitoring
information
required
by
the
regulation.

Western
Alkaline
Coal
Mining
with
Sediment
Control
respondent
activities
include
the
following:

Preparing
basic
information.
This
includes
modeling
of
sediment
yield,
developing
the
sediment
control
plan
(
which
includes
applicable
BMPs)
that
will
be
described
in
the
SMCRA
permit
reclamation
plan,
and
making
reports
to
the
NPDES
permit
authority.

State
permitting
authority
activities
include
the
following:


Preparing
NPDES
permits.
This
includes
reviewing
baseline
determination,
monitoring
data
and
pollution
abatement
plans
or
sediment
control
plans
and
incorporating
baseline
standards
and
BMP
provisions
in
an
NPDES
permit.


Periodic
review.
State
respondents
are
authorized
to
conduct
periodic
review
of
monitoring
reports
and
SMCRA
reclamation
plans
to
assess
compliance
with
baseline
standards
and
BMP
conditions
contained
in
the
site's
NPDES
permit.

5.
THE
INFORMATION
COLLECTED:
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
5(
a)
Agency
Activities
Upon
approval
of
this
ICR,
permittees
must
maintain
records
as
described
above
in
Section
4(
c)
and
at
least
annually
must
submit
to
the
NPDES
authority
a
report
summarizing
the
results
of
monitoring,
the
number
and
dates
of
any
exceedances
of
baseline
standards
and
corrective
actions
taken
when
standards
are
exceeded.
The
NPDES
permitting
authority
can
be
either
an
approved
NPDES
State
or
an
EPA
regional
office.
The
NPDES
permitting
authority
is
authorized
to
review
best
management
practices
described
in
a
site's
SMCRA
permit
reclamation
plan,
conduct
compliance
audits
of
facility
records,
review
the
data,
and
where
necessary,
conduct
follow­
up
activities.
Follow­
up
activities
may
include
informal
contact
with
the
permittee
(
by
telephone
or
letter)
to
discuss
the
cause
of
any
exceedances
of
baseline
standards
and
actions
taken
to
correct
the
exceedences.
Review
of
monitoring
records
may
also
be
helpful
to
permit
writers
in
the
development
of
future
NPDES
permit
conditions.

5(
b)
Collection
Methodology
and
Management
The
data
collection
and
management
methodology
for
coal
remining
at
AML
with
preexisting
discharges
will
include
data
collection
and
reporting
of
baseline
determination
data
and
monitoring
data
and
reporting
of
the
site­
specific
pollution
abatement
plan.
The
baseline
determination
data
and
subsequent
monitoring
data
for
the
pre­
existing
discharge
points
will
be
reported
to
the
NPDES
permit
authority.
Components
of
the
site­
specific
pollution
abatement
plan
to
be
employed
at
a
mining
site
is
reported
as
part
of
the
site's
SMCRA
permit
application
to
the
OSMRE
permit
authority.
EPA
believes
that
the
BMP
requirements
for
the
pollution
abatement
plan
will
be
satisfied
by
an
approved
SMCRA
plan
and
will
not
be
duplication
in
the
reporting
burden
associated
with
the
BMP
requirements.
However,
EPA
or
the
State
NPDES
permitting
authority
will
review
the
plan
and
will
retain
the
authority
to
recommend
additional
or
incremental
BMPs
as
necessary
to
ensure
that
implementation
of
the
identified
BMPs
is
the
best
available
technology
economically
achievable.

For
western
alkaline
coal
mining,
EPA
expects
that
the
components
of
the
sediment
control
plan
will
largely
be
satisfied
by
the
SMCRA
permit
application
process.
The
site­
specific
sediment
control
plan
is
reported
as
part
of
the
site's
SMCRA
permit
application
to
the
OSMRE
permit
authority.
EPA
assumes
that
the
requirements
for
the
sediment
control
plan
will
largely
be
satisfied
by
materials
generated
as
part
of
SMCRA
permit
application.
However,
the
sediment
control
plan
and
model
results
will
be
subject
to
NPDES
permit
authority
review
and
approval.

5(
c)
Small
Entity
Flexibility
Pursuant
to
section
605(
b)
of
the
Regulatory
Flexibility
Act,
the
EPA
Administrator
certifies
that
this
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.

5(
d)
Collection
Schedule
The
information
collection
activities
included
in
this
ICR
are
anticipated
to
occur
under
the
following
schedule
for
each
subcategory:

Coal
Remining
at
AML
with
Pre­
existing
Discharges
­


Collection
and
reporting
of
baseline
determination
data
for
pre­
existing
discharges:
Due
at
the
time
of
permit
application.


Submittal
of
a
remining
pollution
abatement
plan
as
part
of
a
site's
SMCRA
permit
application:
Due
at
the
time
of
permit
application.


Collection
and
reporting
of
subsequent
monitoring
data
for
pre­
existing
discharges:
due
with
the
Discharge
Monitoring
Report
(
DMR).

Western
Alkaline
Coal
Mining
with
Sediment
Control
­


Reporting
of
the
sediment
yield
modeling
results
for
a
reclamation
site:
Due
at
the
time
of
permit
application.


Submittal
of
a
sediment
control
plan:
Due
at
the
time
of
permit
application.

6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
Estimating
Respondent
Burden
and
Costs
Tables
1
and
2
present
estimates
of
the
initial
and
recurring
respondent
burden
(
respectively)
for
labor
hours
and
costs
associated
with
this
ICR.
The
assumptions
used
in
determining
the
respondent
burden
and
costs
are
summarized
below
and
footnoted
in
each
table.
The
numbers
presented
in
this
ICR
are
based
on
assumptions
consistent
with
those
used
in
EPA's
Economic
and
Environmental
Impact
Assessment
but
are
presented
in
a
different
format.
Dollar
estimates
in
this
ICR
are
not
directly
comparable
because
they
differ
in
their
use
and
presentation
including
the
use
of
midpoint
values
versus
estimate
ranges;
the
time
period
of
analysis;
and
annualization
of
dollar
values.

Table
3
presents
estimates
of
the
initial
and
recurring
Agency
burden
and
costs
associated
with
this
ICR.
A
summary
of
the
respondent's
burden
hours
and
costs
is
presented
in
Table
4.

6(
a)(
1)
Estimate
of
the
Number
of
Respondents
The
potential
number
of
coal
remining
respondents
is
documented
in
an
EPA
memorandum
dated
September
27,
1999,
from
John
Tinger,
EPA
to
Kristen
Strellec,
EPA,
Subject:
Final
Estimation
of
Facilities
Affected
by
Proposed
Remining
Subcategory.
This
memorandum
estimates
that
approximately
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
documented
in
the
1998
Keystone
Coal
Industry
Manual.
Using
information
from
this
reference,
EPA
estimates
that
there
are
approximately
46
potential
respondents
for
this
subcategory.

The
Agency
also
compiled
profile
information
on
24
existing
underground
coal
mines
in
the
arid/
semi­
arid
Western
states.
Information
provided
by
OSM
indicates
that
underground
mines
will
incur
zero
incremental
modeling
costs
due
to
the
small
acreage
and
lack
of
complexity
associated
with
these
reclamation
areas.

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.

6(
a)(
2)
Baseline
Determination
and
Estimate
of
the
Incremental
Monitoring
Burden
and
Cost
The
extent
to
which
EPA
would
require
additional
monitoring
for
remining
sites
as
part
of
the
regulation
depends
on
what
the
states
are
already
requiring
for
Rahall
remining
permits.
Table
A
below
summarizes
the
baseline
determination
monitoring
and
subsequent
annual
monitoring
required
by
state
in
their
current
Rahall
remining
permits
and
the
incremental
monitoring
that
would
be
associated
with
the
rule.
This
table
also
shows
the
number
of
sites
expected
to
be
permitted
under
the
regulations
annually
by
state.
Table
A.
Baseline
Determination
and
Incremental
Monitoring
Required
State
State
Required
Baseline
Determination
Monitoring
(
Samples/
Site/
Yr)
Incremental
Baseline
Determination
Monitoring
(
Samples/
Site/
Yr)
State
Required
Annual
Monitoring
(
Samples/
Site/
Yr)
Incremental
Annual
Monitoring
(
Samples/
Site/
Yr)
Estimated
Annual
Number
of
Sites
Permitted
AL
6
6
12
0
0
IL
NA
12
NA
12
0
IN
NA
12
NA
12
5
KY
6
6
12
0
7
MD
12
0
12
0
1
OH
12
0
4
8
21
PA
12
0
12
0
26
TN
NA
12
NA
12
9
VA
12
0
12
0
9
WV
12
0
12
0
0
Total
78
NA
=
Rahall
permits
are
not
issued
in
these
states.
Source:
Economic
and
Environmental
Impact
Assessment
EPA
is
assuming
for
mine
sites
in
Indiana
and
Tennessee
that
baseline
determination
monitoring
and
annual
monitoring
costs
will
be
required
for
all
of
the
reporting
requirements.
In
addition,
EPA
is
assuming
that
flow
metering
from
an
installed
weir
will
also
be
required
for
mine
sites
in
these
two
states.
For
all
other
states,
EPA
is
assuming
that
flow
metering
will
already
be
required
and
installed
as
part
of
the
implementation
of
the
state
Rahall
remining
permit
program.
Table
B
and
Table
C
below
present
the
respondent
burden
and
monitoring
costs
associated
with
the
incremental
monitoring
required
by
the
regulation
for
baseline
determination
monitoring
and
annual
monitoring,
respectively.
Assumptions
made
for
determining
the
respondent
burden
and
costs
are
footnoted
at
the
end
of
the
tables.
Table
B.
Respondent
Burden
and
Costs
for
Baseline
Determination
Monitoring
State
Incremental
Baseline
Determination
Monitoring
(
Total
Samples)
(
a)
Labor
Burden
(
Hrs)
(
b)
Labor
Cost
($)
(
c)
Monitoring
Cost
($)
(
d)

AL
0
0
0
0
IL
0
0
0
0
IN
720
540
15,660
88,224
KY
504
378
10,962
12,701
MD
0
0
0
0
OH
0
0
0
0
PA
0
0
0
0
TN
1,296
972
28,188
158,803
VA
0
0
0
0
WV
0
0
0
0
Total
2,520
1,890
54,810
259,728
(
a)
Assumes
4
pre­
existing
discharge
points
per
site.
The
average
number
of
pre­
existing
discharges
per
site
is
based
on
a
review
of
the
number
of
pre­
existing
discharge
points
per
site
from
the
119
Study,
the
104
Study
and
the
Pennsylvania
Coal
Remining
Database.
Total
samples
=
Incremental
samples/
site/
yr
x
Number
of
permitted
sites/
yr
x
3
years
x
4
pre­
existing
discharge
points/
site.

(
b)
Assumes
0.75
hours/
sample
of
labor
burden
based
on
PADEP
estimates.

(
c)
Assumes
a
labor
cost
of
$
29.00/
hour
based
on
PADEP
estimates.

(
d)
Assumes
a
sample
analysis
cost
of
$
22.00/
sample
and
mileage
costs
of
$
3.20/
sample
for
a
total
of
$
25.20/
sample.
Indiana
sample
analysis
cost
=
720
x
$
25.20
=
$
18,144.
Kentucky
sample
analysis
cost
=
504
x
$
25.20
=
$
12,701.
Tennessee
sample
analysis
cost
=
1,296
x
$
25.20
=
$
32,659.
For
Indiana
and
Tennessee
assumes
installed
weir
costs
of
$
1,168/
weir
based
on
cost
estimates
from
Weir
&
Flume
Sales
Co.
And
Tarco
Tech.
Industries.
Indiana
will
have
5
sites/
yr
x
3
years
x
4
pre­
existing
discharge
points/
site
x
$
1,168/
weir
=
$
70,080.
Tennessee
will
have
9
sites/
yr
x
3
years
x
4
pre­
existing
discharge
points/
site
x
$
1,168/
weir
=
$
126,144.
Table
C.
Respondent
Burden
and
Costs
for
Annual
Monitoring
State
Incremental
Annual
Monitoring
(
Total
Samples)
(
a)
Labor
Burden
(
Hrs)
(
b)
Labor
Cost
($)
(
c)
Monitoring
Cost
($)
(
d)

AL
0
0
0
0
IL
0
0
0
0
IN
720
540
15,660
18,144
KY
0
0
0
0
MD
0
0
0
0
OH
2,016
1,512
43,848
50,803
PA
0
0
0
0
TN
1,296
972
28,188
32,659
VA
0
0
0
0
WV
0
0
0
0
Total
4,032
3,024
87,696
101,606
(
a)
Assumes
4
pre­
existing
discharge
points
per
site.
The
average
number
of
pre­
existing
discharges
per
site
is
based
on
a
review
of
the
number
of
pre­
existing
discharge
points
per
site
from
the
119
Study,
the
104
Study
and
the
Pennsylvania
Coal
Remining
Database.
Total
samples
=
Incremental
samples/
site/
yr
x
Number
of
permitted
sites/
yr
x
3
years
x
4
pre­
existing
discharge
points/
site.

(
b)
Assumes
0.75
hours/
sample
of
labor
burden
based
on
PADEP
estimates.

(
c)
Assumes
a
labor
cost
of
$
29.00/
hour
based
on
PADEP
estimates.

(
d)
Assumes
a
sample
analysis
cost
of
$
22.00/
sample
and
mileage
costs
of
$
3.20/
sample
for
a
total
of
$
25.20/
sample.
Table
1.
Initial
Respondent
Burden
and
Costs
Subcategory
Activity
Labor
Hours
Labor
Costs
($)
Monitoring
Costs
($)
Total
Initial
Costs
($)

Coal
Remining
at
AML
with
preexisting
discharges
Baseline
Determination
Monitoring
1,890
54,810
259,728
314,538
Development
of
sitespecific
remining
BMP
plan
(
a)
(
a)
(
a)
0
NPDES
Control
Authority
­
review
of
BMP
plan
and
permit
preparation
8,190
(
b)
259,459
(
c)
0
259,459
Western
Alkaline
Coal
Mining
with
Sediment
Control
Sediment
Yield
Modeling
(
a)
(
a)
0
0
Development
of
sitespecific
sediment
control
BMPs
(
a)
(
a)
(
a)
0
NPDES
Control
Authority
­
review
of
modeling
and
BMP
plan
and
permit
preparation
1,610
(
b)
51,005
(
c)
0
51,005
(
a)
The
hour
and
cost
burden
associated
with
these
activities
is
already
covered
by
the
"
Surface
Mining
Permit
Applications
­
Minimum
Requirements
for
Reclamation
and
Operation
Plan
­
30
CFR
part
780"
ICR,
OMB
Control
Number
1029­
0036.

(
b)
Assumes
25
hrs/
plan
for
review
(
based
on
the
SMCRA
ICR
burden
for
review
of
the
reclamation
plan)
and
10
hrs/
site
for
NPDES
permit
preparation
for
a
total
of
35
hours/
site.
For
coal
remining
sites:
35
hrs/
permit
x
234
potential
permits
=
8,190
hours.
For
western
alkaline
sites:
35
hrs/
permit
x
46
potential
reclamation
sites
in
the
arid
and
semi­
arid
western
states
=
1,610
hours.

(
c)
U.
S.
Labor
Department
average
annual
salary
for
state
and
local
employees
is
$
41,185.
At
2,080
available
labor
hours
per
year,
the
hourly
rate
is
$
19.80.
Overhead
costs
for
state
and
local
employees
are
estimated
to
be
60
percent
(
EPA
ICR
Handbook),
or
$
11.88
per
hour,
which
results
in
a
total
hourly
rate
of
$
31.68/
hour.
8,190
hours
x
$
31.68
=
$
259,459.
1,610
hours
x
$
31.68
=
$
51,005.
Table
2.
Recurring
Respondent
Burden
and
Costs*

Subcategory
Activity
Labor
Hours/
Yr.
Labor
Costs
($/
Yr.)
Monitoring
Costs
($/
Yr.)
Total
Recurring
Costs
($/
Yr.)

Coal
Remining
at
AML
with
preexisting
discharge
Annual
Monitoring
3,024
87,696
101,606
189,302
NPDES
Control
Authority
review
of
post­
baseline
monitoring
data
2,340
(
a)
74,131
(
b)
0
74,131
*
There
is
no
recurring
respondent
burden
for
the
Western
Alkaline
Coal
Mining
Subcategory.

(
a)
Assumes
10
hrs/
site/
year
for
review
x
234
potential
remining
sites
=
2,340
hours/
yr.

(
b)
Using
$
31.68/
hour
x
2,340
hrs/
yr.
=
$
74,131.

6(
b)
Estimating
Agency
Burden
EPA
estimates
its
initial
burden
to
be
one
hour
per
site
and
an
annual
labor
burden
of
eight
hours
per
site.
Table
3
below
summarizes
the
initial
and
recurring
Agency
burden.

Table
3.
Initial
and
Recurring
Agency
Burden
Subcategory
Activity
Hours/
Site
No.
of
Sites
Total
Cost
(
a)

Coal
Remining
at
Abandoned
Mine
Lands
Initial
Burden
1
234
$
7,413
Recurring
Burden
8
234
$
59,305/
year
Western
Alkaline
Coal
Mining
with
Sediment
Control
Initial
Burden
1
46
$
1,457
Recurring
Burden
8
46
$
11,658/
year
(
a)
=
Assuming
$
31.68/
hour.
Total
cost
is
equal
to
the
hours/
site
x
no.
of
sites
x
$/
hr.

6(
c)
Bottom
Line
Burden
and
Cost
Table
Table
4
presents
the
bottom
line
burden
hours
and
costs
for
respondents
and
EPA.
Table
4.
Summary
of
Burden
and
Costs
to
Respondents
and
EPA
Category
Total
Labor
Hours
Total
Costs
Respondents
(
Coal
Remining)
­
Initial
Burden
1,890
$
314,538
Respondents
(
Western
Alkaline
Coal
Mining)
­
Initial
Burden
0
0
Total
1,890
$
314,538
Respondents
(
Coal
Remining)
­
Annual
Burden
3,024/
year
$
189,302/
year
Respondents
(
Western
Alkaline
Coal
Mining)
­
Annual
Burden
0/
year
$
0/
year
Total
3,024/
year
$
189,302/
year
Respondents
­
NPDES
Control
Authority
­
Initial
Burden
9,800
$
310,464
Respondents
­
NPDES
Control
Authority
­
Annual
Burden
2,340/
year
$
74,131/
year
EPA
­
Initial
Burden
280
$
8,870
EPA
­
Annual
Burden
2,240/
year
$
70,963/
year
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
initial
burden
associated
with
preparation
of
a
site's
pollution
abatement
plan
or
sediment
control
plan
is
already
covered
by
an
applicable
SMCRA
ICR.
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).

6(
d)
Reasons
for
Changes
in
Burden
Since
this
is
a
new
information
collection,
there
is
no
change
in
burden
for
this
collection.

6(
e)
Burden
Statement
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.

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.

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.
