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
(
RENEWAL)

EPA
ICR
No.
1944.03
OMB
No.
2040­
0239
May
11,
2005
U.
S.
Environmental
Protection
Agency
Office
of
Water
Office
of
Wastewater
Management
Engineering
and
Analysis
Division
1200
Pennsylvania
Avenue,
NW
Washington,
D.
C.
20460­
0001
i
CONTENTS
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
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1
1(
a)
Title
of
the
Information
Collection
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1
1(
b)
Short
Characterization/
Abstract
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1
Coal
Remining
Subcategory
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1
Western
Alkaline
Coal
Mining
Subcategory
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2
2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
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3
2(
a)
Need/
Authority
for
the
Collection
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3
2(
b)
Practical
Utility/
Users
of
the
Data
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3
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
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4
3(
a)
Nonduplication
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4
Coal
Remining
Subcategory
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4
Western
Alkaline
Coal
Mining
Subcategory
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5
3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
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6
3(
c)
Consultations
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6
3(
d)
Effects
of
Less
Frequent
Data
Collection
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6
3(
e)
General
Guidelines
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7
3(
f)
Confidentiality
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7
3(
g)
Sensitive
Questions
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7
4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
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7
4(
a)
Respondents
and
SIC
Codes
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7
4(
b)
Information
Requested
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7
Coal
Remining
Subcategory
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8
Western
Alkaline
Coal
Mining
Subcategory
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8
4(
c)
Respondent
Activities
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8
Coal
Remining
Subcategory
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Western
Alkaline
Coal
Mining
Subcategory
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8
State
NPDES
Permitting
Authorities
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9
5.
THE
INFORMATION
COLLECTED:
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
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9
5(
a)
Agency
Activities
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9
5(
b)
Collection
Methodology
and
Management
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9
Coal
Remining
Subcategory
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9
Western
Alkaline
Coal
Mining
Subcategory
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10
5(
c)
Small
Entity
Flexibility
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10
5(
d)
Collection
Schedule
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10
Coal
Remining
Subcategory
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10
Western
Alkaline
Coal
Mining
Subcategory
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10
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
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11
6(
a)
Estimating
Respondent
Burden
and
Costs
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11
6(
a)(
1)
Estimate
of
the
Number
of
Respondents
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11
ii
Coal
Remining
Subcategory
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11
Western
Alkaline
Coal
Mining
Subcategory
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11
6(
a)(
2)
Baseline
Determination
and
Estimate
of
the
Incremental
Monitoring
Burden
and
Cost
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12
6(
b)
Estimating
Agency
Burden
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17
6(
c)
Bottom
Line
Burden
and
Cost
Table
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18
6(
d)
Reasons
for
Changes
in
Burden
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19
6(
e)
Burden
Statement
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19
1
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
­
Coal
Remining
Subcategory
and
Western
Alkaline
Coal
Mining
Subcategory
(
Renewal)
(
EPA
ICR
No.
1944.03;
OMB
Control
Number
2040­
0239).

1(
b)
Short
Characterization/
Abstract
The
U.
S.
Environmental
Protection
Agency
(
EPA)
amended
wastewater
regulations
for
the
Coal
Mining
Point
Source
Category
(
40
CFR
Part
434)
on
January
23,
2002.
The
final
rule
established
two
new
subcategories:
one
that
addresses
pre­
existing
discharges
at
coal
remining
operations
and
a
second
that
addresses
drainage
from
coal
mining
reclamation
and
other
nonprocess
areas
in
the
arid
and
semi­
arid
western
United
States.
The
new
subcategories
created
a
set
of
standards
and
requirements
for
the
specific
waste
streams
defined
in
the
final
regulation.
The
new
subcategories
did
not
otherwise
change
the
existing
regulations.

This
Information
Collection
Request
(
ICR)
presents
estimates
of
the
burden
and
costs
to
the
regulated
community
over
a
3­
year
period
(
approximately
234
coal
remining
sites
and
46
western
alkaline
surface
coal
mining
sites)
and
10
National
Pollutant
Discharge
Elimination
System
(
NPDES)
permit
authorities
for
data
collection
and
record
keeping
associated
with
modeling,
implementation
of
best
management
practices,
baseline
monitoring,
and
performance
monitoring
requirements.
An
initial
ICR
was
published
on
August
23,
2001
(
EPA
ICR
No.
1944.02
and
OMB
Control
Number
2040­
0239).
This
document
is
a
renewal
ICR.

Coal
Remining
Subcategory
EPA
established
the
new
Coal
Remining
Subcategory
to
reduce
severe
and
extensive
damage
resulting
from
abandoned
mine
lands.
Acid
mine
drainage
from
abandoned
coal
mines
is
the
number
one
water
quality
problem
in
Appalachian
states.
There
are
approximately
1.1
million
acres
of
abandoned
coal
mine
lands,
over
9,000
miles
of
streams
polluted
by
acid
mine
drainage,
and
many
miles
of
dangerous
embankments,
highwalls,
and
surface
impoundments
in
the
Appalachian
and
mid­
continent
coal
regions
of
the
U.
S.
Prior
to
1977,
reclamation
of
mine
lands
was
not
a
federal
requirement.
Consequently,
many
coal
mines
have
been
abandoned,
and
they
continue
to
degrade
the
environment
and
pose
health
and
safety
risks.

In
addition
to
posing
severe
environmental
and
safety
problems,
abandoned
mine
lands
may
contain
significant
quantities
of
coal.
Modern
surface
mining
techniques
now
provide
operators
with
a
more
economical
means
of
"
remining,"
thus
enabling
them
to
extract
remaining
coal
reserves.
During
remining
operations,
many
of
the
problems
associated
with
abandoned
mine
lands
are
mitigated,
because
the
operator
becomes
responsible
for
reclaiming
the
abandoned
land.
Remining
has
the
multiple
benefits
of
improving
water
quality,
removing
hazardous
conditions,
2
and
utilizing
remaining
coal
as
a
resource
instead
of
mining
virgin
land.

Prior
to
EPA's
rule,
40
CFR
Part
434
did
not
distinguish
between
pre­
existing
discharges
and
new
discharges
from
active
mining
areas.
Requiring
the
treatment
of
pre­
existing
discharges
to
meet
existing
standards
was
cost
prohibitive,
and,
thus,
a
disincentive
to
remining
activities.
EPA
established
the
Coal
Remining
Subcategory
to
address
these
regulatory
disincentives
and
to
encourage
remining
activities
to
reduce
acid
mine
drainage
and
improve
water
quality.

The
Coal
Remining
Subcategory
only
covers
discharges
resulting
from
previous
mining
activities
on
lands
that
have
been
abandoned
(
termed
a
"
pre­
existing
discharge).
A
coal
remining
operator
must
determine
baseline
conditions
by
conducting
monitoring
and
developing
a
sitespecific
Pollution
Abatement
Plan
designed
to
reduce
the
pollution
load
from
pre­
existing
discharges.
The
plan
must
incorporate
the
design
and
implementation
of
Best
Management
Practices
(
BMPs).
EPA
published
the
Coal
Remining
Best
Management
Practices
Guidance
Manual
(
EPA
821­
B­
01­
010),
which
describes
effective
BMPs
based
on
mine
land
conditions.
Operators
must
ensure
that
the
levels
of
iron,
manganese,
and
net
acidity
in
pre­
existing
discharges
do
not
worsen
as
a
result
of
mining
activities.
They
must
follow
a
statistical
procedure
outlined
by
EPA
to
routinely
monitor
their
pollutant
loadings.

When
the
rule
was
promulgated,
EPA
projected
the
annual
compliance
cost
for
the
Coal
Remining
Subcategory
to
be
$
0.33
to
$
0.76
million.
The
Agency
projected
total
monetized
annual
benefits
to
be
$
0.70
to
$
1.2
million.
EPA
expects
the
regulation
to
significantly
increase
the
rate
at
which
abandoned
mine
lands
are
reclaimed,
which
will
result
in
many
non­
water
quality
benefits.
These
benefits,
however,
cannot
be
quantified.

Western
Alkaline
Coal
Mining
Subcategory
Prior
to
the
establishment
of
this
Subcategory,
all
reclamation
areas
throughout
the
U.
S.,
regardless
of
climate,
topography,
or
type
of
mine
drainage
(
i.
e.,
acid
or
alkaline),
were
required
to
meet
the
same
discharge
limits.
EPA
concluded,
however,
that
there
are
unique
environmental
conditions
in
the
arid
west
that
are
much
different
than
those
in
other
coal
mining
areas;
thus,
a
need
for
this
Subcategory
was
established.

In
arid
regions,
the
natural
vegetative
cover
is
sparse
and
rainfall
is
commonly
received
during
localized,
high­
intensity,
short­
duration
storms.
These
conditions
contribute
to
flashfloods
and
turbulent
flows
that
transport
large
amounts
of
sediment.
Prior
to
establishment
of
this
Subcategory,
regulations
basically
required
the
construction
of
large
sediment
ponds
to
control
sediment.
The
construction
of
these
ponds
to
contain
all
runoff
from
areas
that
naturally
contain
large
amounts
of
sediment
can
be
difficult
and
can
result
in
non­
water
quality
impacts
that
harm
the
environment,
including
disturbing
the
natural
hydrologic
balance,
reducing
groundwater
recharge,
reducing
water
availability,
and
impacting
large
areas
of
land
for
pond
construction.
The
Subcategory
was
established
to
address
these
impacts.
3
The
Western
Alkaline
Coal
Mining
Subcategory
does
not
affect
limitations
for
active
mine
wastewater.
A
coal
mining
operator
must
design
and
implement
BMPs
to
maintain
the
average
annual
sediment
yield
equal
to
or
below
pre­
mined,
undisturbed
conditions.
This
ensures
that
natural
conditions
are
maintained
and
does
not
allow
a
coal
mining
operator
to
increase
the
discharge
of
sediment
over
natural
conditions.
To
achieve
these
results,
the
operator
must
conduct
sediment
yield
monitoring,
then
develop
a
site­
specific
Sediment
Control
Plan
(
BMPs)
using
established
watershed
modeling
techniques.

EPA
estimated
that
the
rule
would
result
in
a
net
cost
savings
to
all
affected
surface
mine
operators
and,
at
worst,
would
be
cost­
neutral
to
affected
underground
operators.
EPA
projected
that
the
Subcategory
would
result
in
annualized
monetary
benefits
of
$
40,000
to
$
750,000.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
2(
a)
Need/
Authority
for
the
Collection
In
January
2002,
EPA
amended
wastewater
regulations
for
the
Coal
Mining
Point
Source
Category
(
40
CFR
Part
434)
by
adding
two
new
subcategories,
the
purpose
of
which
was
to
address
environmental
issues
not
covered
adequately
by
existing
regulations.
The
addition
of
these
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
semi­
arid
western
coal
regions.

These
regulations
were
promulgated
under
the
authority
of
sections
301,
304,
306,
308,
402,
501,
and
502
of
the
Clean
Water
Act
(
CWA),
33
U.
S.
C.
1311,
1314,
1316,
1317,
1318,
1342,
1361,
and
1362.

The
CWA
authorizes
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.,
Public
Law
101­
508.

2(
b)
Practical
Utility/
Users
of
the
Data
The
primary
users
of
the
information
generated
under
this
ICR
will
be
the
coal
mining
companies
that
perform
remining
operations
at
abandoned
mine
lands
and
those
companies
that
perform
coal
mining
reclamation
activities
in
the
arid
and
semi­
arid
coal
regions
of
the
western
U.
S.
The
data
will
also
be
used
by
NPDES
control
authorities
in
establishing
baseline
standards
and
in
making
compliance
determinations.
4
3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
3(
a)
Nonduplication
EPA's
regulations
for
the
two
Subcategories
build
on,
but
do
not
duplicate,
related
regulations
pertinent
to
the
Coal
Mining
Point
Source
Category.
These
other
regulations
include
those
at
40
CFR
Part
434,
the
Surface
Mining
Control
and
Reclamation
Act,
and
the
Rahall
Amendment.
Prior
to
the
establishment
of
the
two
additional
Subcategories,
existing
EPA
regulations
applied
to
four
Subcategories
only,
including
Coal
Preparation
Plants
and
Coal
Preparation
Plant
Associated
Areas;
Acid
or
Ferruginous
Mine
Drainage;
Alkaline
Mine
Drainage;
and
Post­
Mining
Areas.

In
1977,
Congress
enacted
the
Surface
Mining
Control
and
Reclamation
Act
(
SMCRA),
30
U.
S.
C.
1201
et
seq.
To
address
the
environmental
problems
associated
with
coal
mining
on
a
nationwide
basis.
The
Act
created
the
Office
of
Surface
Mining
Reclamation
and
Enforcement
(
OSMRE)
within
the
Department
of
Interior.
Furthermore,
it
gave
the
office
broad
authority
to
regulate
specific
management
practices
before,
during,
and
after
mining
operations.
OSMRE
has
promulgated
comprehensive
regulations
to
control
both
surface
coal
mining
and
the
surface
effects
of
underground
coal
mining
(
30
CFR
parts
700
et
seq).
Title
IV
of
SMCRA
addresses
the
problem
of
presently
abandoned
coal
mines
by
authorizing
and
funding
abandoned
mine
reclamation
projects.
EPA
worked
extensively
with
OSMRE
in
the
preparation
of
the
regulations
for
the
Subcategories
to
ensure
that
the
requirements
were
consistent
with
and
not
duplicative
of
OSMRE
requirements.

As
part
of
the
1987
amendments
to
the
CWA,
Congress
added
section
301(
p),
often
called
the
Rahall
Amendment,
to
provide
incentives
for
remining
abandoned
mine
lands
that
predate
passage
of
SMCRA
in
1977.
The
Rahall
Amendment
was
intended
to
encourage
remining
by
no
longer
requiring
operators
to
treat
degraded
pre­
existing
discharges
to
the
Best
Available
Technology
(
BAT)
levels
established
in
Subpart
C
of
40
CFR
part
434.
Despite
the
statutory
authority
provided,
coal
mining
companies
remained
hesitant
to
pursue
remining
without
formal
EPA
approval
and
guidelines.
The
Subcategories
thus
are
EPA's
response
to
industry's
concern.
The
regulations
are
consistent
with,
but
not
identical
to,
the
Rahall
Amendment.

Coal
Remining
Subcategory
As
in
the
first
ICR
(
EPA
ICR
No.
1944.02
and
OMB
Control
No.
2040­
0239),
EPA
estimates
that
the
baseline
determination
and
annual
monitoring
required
under
the
Coal
Remining
Subcategory
impacts
sites
in
10
states.
The
monitoring
requirements
of
the
regulation
are
already
required
in
whole
or
part
by
seven
of
the
10
states
issuing
Rahall
permits
for
pre­
existing
discharges
at
remining
sites
on
abandoned
mine
lands.
Three
of
the
10
states
do
not
issue
Rahall
permits.
EPA
believes
monitoring
burden
needs
to
be
assessed
for
these
states.
Monitoring
burden
further
needs
to
be
assessed
for
some
portion
of
the
10
states
whose
requirements
are
less
5
than
those
required
under
the
Subcategory
regulations.
This
incremental
data
collection
and
reporting
burden
for
the
baseline
determination
and
annual
monitoring
is
not
provided
elsewhere.

The
SMCRA
permit
application
process
requires
a
coal
mining
operator
to
submit
an
extensive
operation
and
reclamation
plan,
documentation,
and
analysis
to
OSMRE
or
the
primacy
permitting
authority
for
approval.
The
requirements
for
the
operation
and
reclamation
plan
are
specified
in
30
CFR
part
780
for
surface
mining
permit
applications
and
part
784
for
underground
mining
permit
applications.
Coal
mining
operators
are
required
to
provide
a
description
of
coal
mining
operations;
a
plan
for
reclaiming
mined
lands;
a
plan
for
revegetating
mined
lands;
geologic
information;
hydrologic
information
including
a
description
of
baseline
ground
water
and
surface
water
characteristics
under
seasonal
conditions;
and
an
analysis
of
the
hydrologic
impacts
caused
by
the
mining
activity.
The
plan
must
include
a
probable
hydrologic
consequences
determination
to
determine
the
impacts
of
the
mining
on
existing
hydrologic
conditions
and
a
hydrologic
reclamation
plan
to
show
measures
for
reducing
impacts
and
to
meet
water
quality
laws
and
regulations.
Furthermore,
the
coal
mining
regulatory
authority
is
required
to
conduct
a
cumulative
hydrologic
impact
analysis
of
the
proposed
operation
and
all
anticipated
mining
on
surface
water
and
ground
water
systems.

EPA,
therefore,
believes
that
many
requirements
for
the
Pollution
Abatement
Plan
will
be
contained
in
the
operations
and
reclamation
sections
of
an
approved
SMCRA
permit.
However,
EPA
or
the
state
NPDES
permitting
authority
retains
the
authority
to
require
additional
or
expanded
BMPs
as
necessary
to
ensure
that
implementation
of
the
identified
BMPs
is
consistent
with
CWA
requirements.

Western
Alkaline
Coal
Mining
Subcategory
For
discharges
at
western
alkaline
coal
mining
sites,
EPA
incorporated
BMP
standards
into
the
regulation
by
requiring
that
a
site­
specific
Sediment
Control
Plan
be
developed
and
implemented.
The
requirements
of
the
plan
are
consistent
with
SMCRA
requirements
for
mining
operations
as
discussed
above.
Therefore,
in
most
cases,
the
BMP
requirements
for
the
Sediment
Control
Plan
will
be
satisfied
by
an
approved
SMCRA
plan
and
will
not
result
in
duplication
in
reporting
burden.
However,
EPA
or
the
state
NPDES
permitting
authority
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,
such
as
the
SMCRA
and
Rahall
requirements
discussed
above,
to
determine
if
similar
or
duplicative
information
is
available
elsewhere.
These
examinations
have
revealed
no
additional
duplicative
reporting
requirements.
6
3(
b)
Public
Notice
Required
Prior
to
ICR
Submission
In
compliance
with
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et
seq),
EPA
solicited
comments
on
the
proposed
information
collection
in
the
Federal
Register
prior
to
submitting
this
renewal
ICR
to
the
Office
of
Management
and
Budget
(
69
FR
52883,
August
30,
2004).
EPA
received
no
comments.

3(
c)
Consultations
EPA
discussed
development
of
the
Subcategory
regulations
and
the
attendant
record
keeping
and
reporting
requirements
with
the
following
organizations:


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

Industry
representatives

Other
interested
stakeholders
3(
d)
Effects
of
Less
Frequent
Data
Collection
The
remining
regulations
require
operators
to
collect
data
at
a
minimum
frequency
of
once
per
month
per
pre­
existing
discharge
point
for
a
12­
month
period
to
enable
a
baseline
standard
to
be
established
and
at
a
frequency
of
once
per
month
per
pre­
existing
discharge
point
thereafter
to
demonstrate
compliance.
The
annual
array
of
monthly
monitoring
data
is
necessary
to
determine
an
average
discharge
value
and
the
variability
associated
with
that
value.
Moreover,
the
frequency
of
collection
allows
for
data
representative
of
seasonal
conditions.
Without
an
adequate
duration
and
frequency
of
sampling,
the
statistical
procedures
would
often
fail
to
detect
genuine
exceedance
of
baseline
conditions
or
could
establish
baseline
levels
that
are
either
too
low
or
too
high.

With
regard
to
routine
monitoring,
EPA
considers
the
frequency
of
data
collection
to
be
the
smallest
that
would
allow
a
significant
probability
of
revealing
a
substantial
increase
above
baseline
levels
within
one
year.
If
a
facility
fails
to
demonstrate
compliance
with
the
baseline
standards,
the
monitoring
frequency
may
be
increased
so
that
the
permitting
authority
may
monitor
the
pre­
existing
discharge
more
closely
and
affect
corrective
action
to
re­
establish
compliance.
The
duration,
frequency,
and
seasonal
distribution
of
sampling
are
important
aspects
of
a
sampling
plan,
and
may
effect
the
precision
and
accuracy
of
statistical
estimates
as
much
as
the
number
of
samples.
To
avoid
systematic
bias,
sampling,
during
and
after
baseline
determination,
should
systematically
cover
all
periods
of
the
year
during
which
substantially
high
7
or
low
discharge
flows
may
be
expected.

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
may
request
that
the
information
be
treated
as
such.
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
on
abandoned
mine
lands
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
semi­
arid
western
coal
regions
of
the
United
States.
These
sites
fall
under
Standard
Industrial
Classification
or
SIC
codes
1221
(
Bituminous
Coal
and
Lignite
Surface
Mining),
1222
(
Bituminous
Coal
Underground
Mining),
and
1231
(
Anthracite
Mining).
The
corresponding
North
American
Industrial
Classification
System
or
NAICS
codes
for
these
industries
are
212111,
212112,
and
212113,
respectively.
Government
respondents
are
expected
to
be
the
10
states
that
issue
remining
permits.
These
authorities
will
prepare
new
NPDES
permits
in
the
implementation
of
the
regulation
and
will
technically
review
a
site's
SMCRA
reclamation
plan
to
assess
the
adequacy
of
the
BMPs
incorporated.
8
4(
b)
Information
Requested
The
regulations
at
40
CFR
434.72
to
434.75
and
434.82
to
434.85
include
the
following
major
components:

Coal
Remining
Subcategory

Coal
remining
operators
are
required
to
perform
and
report
baseline
determinations
for
each
pre­
existing
discharge
for
net
acidity,
total
suspended
solids,
iron
(
total),
and
manganese
(
total)
at
a
frequency
of
once
per
month
for
12
months.
Thereafter,
monitoring
shall
occur
monthly.
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,
subject
to
the
review
and
approval
of
the
NPDES
permit
authority.

Western
Alkaline
Coal
Mining
Subcategory

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
implementation
of
a
site­
specific
Sediment
Control
Plan
developed
using
a
watershed
model
and
that
describes
best
management
practices.
The
Sediment
Control
Plan
and
model
results
are
subject
to
the
review
and
approval
of
the
NPDES
permit
authority.

4(
c)
Respondent
Activities
Coal
Remining
Subcategory

Prepare
basic
information.
Operators
must
collect
baseline
determination
and
monitoring
data,
develop
the
Pollution
Abatement
Plan
(
which
includes
applicable
BMPs)
that
will
be
described
in
the
SMCRA
Permit
Reclamation
Plan,
and
make
reports
to
the
NPDES
permit
authority.


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

Western
Alkaline
Coal
Mining
Subcategory

Prepare
basic
information.
Applicable
operators
must
conduct
modeling
of
sediment
9
yield,
develop
a
Sediment
Control
Plan
(
which
includes
applicable
BMPs)
that
will
be
described
in
the
SMCRA
Permit
Reclamation
Plan,
and
make
reports
to
the
NPDES
permit
authority.

State
NPDES
Permitting
Authorities

Prepare
NPDES
permits.
State
NPDES
permitting
authorities
must
review
and
approve
baseline
determinations,
monitoring
data
and
Pollution
Abatement
Plans
or
Sediment
Control
Plans,
and
incorporate
baseline
standards
and
BMP
provisions
into
NPDES
permits.


Conduct
periodic
reviews.
State
respondents
are
authorized
to
conduct
periodic
reviews
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
under
Section
4(
c).
At
least
annually,
they
must
submit
a
report
to
the
NPDES
authority
summarizing
the
results
of
monitoring,
the
number
and
dates
of
any
exceedances
of
baseline
standards
and
corrective
actions
taken
when
standards
have
been
exceeded.
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
causes
of
any
exceedances
of
baseline
standards
and
the
actions
taken
to
correct
the
exceedences.
The
NPDES
permit
authority
may
also
find
it
helpful
to
review
monitoring
records
when
developing
future
NPDES
permit
conditions.

5(
b)
Collection
Methodology
and
Management
Coal
Remining
Subcategory
The
data
collection
and
management
methodology
for
this
Subcategory
includes
collection
and
reporting
of
baseline
determination
and
monitoring
data
and
reporting
of
the
site­
specific
Pollution
Abatement
Plan.
This
information
is
to
be
reported
to
the
NPDES
permit
authority.
Components
of
the
site­
specific
Pollution
Abatement
Plan
are
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
generally
be
satisfied
by
an
approved
SMCRA
plan
and
will
therefore
not
duplicate
reporting
burden.
However,
EPA
or
the
state
NPDES
10
permitting
authority
retains
the
authority
to
recommend
additional
or
incremental
BMPs,
as
necessary,
to
ensure
that
implementation
of
the
identified
BMPs
are
the
best
available
technology
economically
achievable.

Western
Alkaline
Coal
Mining
Subcategory
EPA
expects
that
the
components
required
under
the
Sediment
Control
Plan
will
largely
be
satisfied
by
the
SMCRA
permit
application
to
the
OSMRE
permit
authority
for
this
Subcategory.
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
remain
subject
to
review
and
approval
by
the
NPDES
permit
authority.

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
according
to
the
following
schedule
for
each
Subcategory:

Coal
Remining
Subcategory

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


Submit
Pollution
Abatement
Plan
as
part
of
a
site's
SMCRA
permit
application:
Due
at
the
time
of
permit
application.


Collect
and
report
subsequent
monitoring
data
for
pre­
existing
discharges:
Due
with
Monthly
Discharge
Monitoring
Reports
(
DMRs).

Western
Alkaline
Coal
Mining
Subcategory

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


Submit
a
Sediment
Control
Plan:
Due
at
the
time
of
permit
application.
11
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
Coal
Remining
Subcategory
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.
EPA
estimates
the
same
number
of
respondents
for
this
renewal
ICR.

Western
Alkaline
Coal
Mining
Subcategory
The
potential
number
of
respondents
in
this
Subcategory
is
documented
in
the
1998
Keystone
Coal
Industry
Manual.
Using
information
from
this
reference,
EPA
estimates
that
there
are
approximately
46
potential
respondents.

The
Agency
also
compiled
profile
information
on
24
existing
underground
coal
mines
in
the
arid
and
semi­
arid
western
states.
Information
provided
by
EPA's
Office
of
Surface
Mines
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
46
authorized
NPDES
states
(
45
states
and
1
U.
S.
territory),
the
number
of
state
NPDES
authorities
estimated
to
be
impacted
by
the
rule
is
10.
On
September
3,
1998,
the
Interstate
Mining
Compact
Commission
(
IMCC)
distributed
a
Solicitation
Sheet
to
member
states
in
support
of
continuing
efforts
to
collect
data
and
information
required
for
proposal
of
a
remining
subcategory
under
40
CFR
434.
The
solicitation
sheet
was
intended
to
12
gather
information
necessary
to
assess
current
industry
remining
activity
and
potential.
IMCC
member
states
estimated
that
there
were
150
mining
companies
in
10
states
actively
involved
in
remining
activities.
Of
these
10
states,
seven
issued
Rahall­
type
permits,
while
three
did
not
(
see
Table
A).
EPA
believes
the
1998
estimate
by
IMCC
members
is
still
representative
of
the
industry.

6(
a)(
2)
Baseline
Determination
and
Estimate
of
the
Incremental
Monitoring
Burden
and
Cost
The
extent
to
which
EPA
will
require
additional
monitoring
for
remining
sites
depends
on
the
requirements
the
states
incorporate
in
their
Rahall
remining
permits.
Table
A
below
summarizes
the
number
of
samples
or
sites
per
year
each
state
requires
in
their
Rahall
remining
permits
in
terms
of
baseline
determination
and
routine
monitoring
and
then
incremental
monitoring
for
each
of
these
categories.
This
table
also
shows
the
number
of
sites
expected
to
be
permitted
under
the
regulations
annually
by
state.
13
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
to
be
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
of
Effluent
Limitations
Guidelines
and
Standards
for
the
Coal
Mining
Industry:
Remining
and
Western
Alkaline
Subcategories
(
EPA­
821­
B­
01­
013).

EPA
assumes
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
assumes
that
flow
metering
from
an
installed
weir
will
also
be
required
for
mine
sites
in
these
two
states.
For
all
other
states,
EPA
assumes
that
flow
metering
will
already
be
required
and
installed
as
part
of
the
state
Rahall
remining
permit
program.
Tables
B
and
C
below
present
the
respondent
burden
and
monitoring
costs
associated
with
incremental
monitoring
required
by
the
Subcategory
regulations
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.
14
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
16,497
92,909
KY
504
378
11,548
13,376
MD
0
0
0
0
OH
0
0
0
0
PA
0
0
0
0
TN
1,296
972
29,695
167,236
VA
0
0
0
0
WV
0
0
0
0
Total
2,520
1,890
57,740
273,521
(
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
annual
monitoring
(
samples/
site/
yr)
x
Estimated
annual
number
of
sites
to
be
permitted/
year
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
$
30.55/
hour.
This
estimate
is
up
by
$
1.55
from
the
initial
ICR.
The
initial
ICR
used
an
estimated
labor
cost
provided
by
the
PADEP.
This
ICR
escalates
that
cost
to
2004
dollars
using
the
Consumer
Price
Index.

(
d)
Assumes
a
sample
analysis
cost
of
$
23.17/
sample
and
mileage
costs
of
$
3.37/
sample
for
a
total
of
$
26.54/
sample
(
up
by
$
1.32/
sample
from
the
previous
ICR).
The
current
ICR
escalated
the
costs
in
the
previous
ICR
to
2004
dollars
using
the
Consumer
Price
Index,
thereby
resulting
in
these
increases.
Indiana
sample
analysis
costs
=
720
x
$
26.54
=
$
19,109
(
an
increase
of
$
965
from
initial
ICR).
Kentucky
sample
analysis
costs
=
504
x
$
26.54
=
$
13,376
(
an
increase
of
$
675
from
initial
ICR).
Tennessee
sample
analysis
costs
=
1,296
x
$
26.54
=
$
34,396
(
an
increase
of
$
1,737
from
initial
ICR).
For
Indiana
and
Tennessee
assumes
installed
weir
costs
of
$
1,230
based
on
escalation
of
2002
cost
estimates
from
Weir
&
Flume
Sales
Company
and
Tarco
Tech.
Industries
to
2004
dollars
(
resulting
in
an
increase
of
$
62
from
initial
ICR).
Indiana
will
have
5
sites/
yr
x
3
years
x
4
preexisting
discharge
points/
site
x
$
1,230/
weir
=
$
73,800
(
an
increase
of
$
3,720
from
initial
ICR).
Tennessee
will
have
9
sites/
yr
x
3
years
x
4
pre­
existing
discharge
points/
site
x
$
1,230/
weir
=
$
132,840
(
an
increase
of
$
6,696
from
initial
ICR).
15
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
16,497
19,109
KY
0
0
0
0
MD
0
0
0
0
OH
2,016
1,512
46,192
53,505
PA
0
0
0
0
TN
1,296
972
29,695
34,396
VA
0
0
0
0
WV
0
0
0
0
Total
4,032
3,024
92,384
107,010
(
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
annual
monitoring
(
samples/
site/
yr)
x
Estimated
annual
number
of
sites
to
be
permitted/
year
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
$
30.55/
hour.
This
estimate
is
up
by
$
1.55
from
the
initial
ICR.
The
initial
ICR
used
an
estimated
labor
cost
provided
by
the
PADEP.
This
ICR
escalates
that
cost
to
2004
dollars
using
the
Consumer
Price
Index.

(
d)
Assumes
a
sample
analysis
cost
of
$
23.17/
sample
and
mileage
costs
of
$
3.37/
sample
for
a
total
of
$
26.54/
sample
(
up
by
$
1.32/
sample
from
the
previous
ICR).
The
current
ICR
escalated
the
costs
in
the
previous
ICR
to
2004
dollars
using
the
Consumer
Price
Index,
thereby
resulting
in
this
increase.
16
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
57,740
273,521
331,261
Development
of
sitespecific
remining
BMP
plan
(
a)
(
a)
(
a)
0
NPDES
Control
Authority
­
review
of
BMP
plan
and
permit
preparation
8,190
(
b)
329,566
0
329,566
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)
(
c)
64,786
0
64,786
(
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)
The
median
salary
for
state
and
local
white
collar
workers,
excluding
sales,
is
$
25.15
or
$
52,312
per
year
based
on
2,080
labor
hours
per
year
(
see
Supplementary
Table
3.1,
State
and
local
government,
selected
occupations:
mean
hourly
earnings
and
percentiles,
all
workers,
National
Compensation
Survey,
July
2003,
U.
S.
Bureau
of
Labor
Statistics
at
http://
stats.
bls.
gov/
ncs/
ocs/
sp/
ncbl0636.
pdf).
This
hourly
rate
is
$
5.35
higher
than
the
rate
included
in
the
initial
ICR,
reflecting
changes
in
compensation
for
state
and
local
employees
over
time.
Overhead
costs
for
state
and
local
employees
are
estimated
to
be
60
percent
(
EPA
ICR
Handbook),
or
$
15.09
per
hour,
which
results
in
a
total
hourly
rate
of
$
40.24/
hour.
8,190
hours
x
$
40.24
=
$
329,566,
an
increase
of
$
70,107
from
the
initial
ICR.
1,610
hours
x
$
40.24
=
$
64,786,
an
increase
of
$
13,781
from
initial
ICR.
17
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
92,384
107,010
199,394
NPDES
Control
Authority
review
of
post­
baseline
monitoring
data
2,340
(
a)
94,162
(
b)
0
94,162
*
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
$
40.24/
hour
x
2,340
hrs/
yr.
=
$
94,162.

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
$
9,416
Recurring
Burden
8
234
$
75,329/
year
Western
Alkaline
Coal
Mining
with
Sediment
Control
Initial
Burden
1
46
$
1,851
Recurring
Burden
8
46
$
14,808/
year
(
a)
=
Assuming
$
40.24/
hour.
Total
cost
is
equal
to
the
hours/
site
x
no.
of
sites
x
$/
hr.
18
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
(
3­
Year
Total)

Category
Total
Labor
Hours
Total
Costs
Respondents
(
Coal
Remining)
­
Initial
Burden
1,890
$
331,261
Respondents
(
Western
Alkaline
Coal
Mining)
­
Initial
Burden
0
0
Subtotal
1,890
$
331,261
Respondents
(
Coal
Remining)
­
Annual
Burden
3,024
$
199,394
Respondents
(
Western
Alkaline
Coal
Mining)
­
Annual
Burden
0
$
0
Subtotal
3,024
$
199,394
Respondents
­
NPDES
Control
Authority
­
Initial
Burden
9,800
$
394,352
Respondents
­
NPDES
Control
Authority
­
Annual
Burden
2,340
$
94,162
Subtotal
12,140
$
488,694
Total
(
3­
year
ICR
lifetime)
17,054
$
1,019,349
Total
Annual
Labor
Hours
&
Costs
5,685
$
339,783
EPA
­
Initial
Burden
280
$
11,267
EPA
­
Annual
Burden
2,240/
year
$
90,138/
year
The
initial
burden
for
coal
mining
and
remining
sites
under
the
rule
is
estimated
at
1,890
hours
and
$
331,261
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
and
$
199,394
for
annual
monitoring
at
coal
remining
sites.

The
initial
burden
for
NPDES
control
authorities
is
estimated
at
9,800
hours
and
$
394,352
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
19
and
$
94,162
for
review
of
annual
monitoring
data
at
coal
remining
sites.

The
annual
burden
is
5,685
hours
and
$
339,783.

6(
d)
Reasons
for
Changes
in
Burden
The
previous
ICR
had
mistakenly
used
3­
year
burden
hours
to
calculate
associated
costs.
This
renewal
ICR
has
corrected
that
error,
resulting
in
decreased
burden
hours
and
costs.

6(
e)
Burden
Statement
For
the
Coal
Remining
Subcategory,
the
public
reporting
burden
is
estimated
to
average
21
hours
per
respondent
per
year.
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.
For
the
NPDES
permitting
authorities,
the
public
reporting
burden
is
estimated
to
average
405
hours
per
respondent
per
year.

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.

To
comment
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
the
use
of
automated
collection
techniques,
EPA
has
established
a
public
docket
for
this
ICR
under
Docket
ID
No.
OW­
2004­
0026,
which
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
Reading
Room
is
(
202)
566­
1744,
and
the
telephone
number
for
the
Water
Docket
is
(
202)
566­
2426.
An
electronic
version
of
the
public
docket
is
available
through
EPA
Dockets
(
EDOCKET)
at
http://
www.
epa.
gov/
edocket.
Use
EDOCKET
to
submit
or
view
public
comments,
access
the
index
listing
of
the
contents
of
the
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
ID
number
identified
above.
Also,
you
can
send
comments
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
20
DC
20503,
Attention:
Desk
Office
for
EPA.
Please
include
the
EPA
Docket
ID
No.
(
OW­
2004­
0026)
and
OMB
control
number
(
2040­
0239)
in
any
correspondence.
