784ss SBZ Final 11-2-08

784ss SBZ Final 11-2-08.doc

30 CFR 784 - Underground Mining Permit Applications - Minimum Requirements for Reclamation and Operations Plans

OMB: 1029-0039

⚠️ Notice: This form may be outdated. More recent filings and information on OMB 1029-0039 can be found here:

Document [doc]

Download: doc | pdf

Supporting Statements for Reporting and Recordkeeping

Requirements for 30 CFR Part 784: Underground Mining Permit Applications—

Minimum Requirements for Reclamation and Operation Plan

OMB Control Number 1029-0039

Terms of clearance: None.

General Instructions

A Supporting Statement, including the text of the notice to the public required by 5 CFR 1320.5(a)(i)(iv) and its actual or estimated date of publication in the Federal Register, must accompany each request for approval of a collection of information. The Supporting Statement must be prepared in the format described below, and must contain the information specified in Section A below. If an item is not applicable, provide a brief explanation. When Item 17 of the OMB Form 83-I is checked "Yes", Section B of the Supporting Statement must be completed. OMB reserves the right to require the submission of additional information with respect to any request for approval.

Specific Instructions

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection. [Be specific. If this collection is a form or a questionnaire, every question needs to be justified.]

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden [and specifically how this collection meets GPEA requirements.].

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

5. If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-I), describe any methods used to minimize burden.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

* requiring respondents to report information to the agency more often than quarterly;

* requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

* requiring respondents to submit more than an original and two copies of any document;

* requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

* in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

* requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

* that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

* requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice [and in response to the PRA statement associated with the collection over the past three years] and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. [Please list the names, titles, addresses, and phone numbers of persons contacted.]

Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years — even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

12. Provide estimates of the hour burden of the collection of information. The statement should:

* Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

* If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

* Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in Item 14.

13. Provide an estimate of the total annual [non-hour] cost burden to respondents or recordkeepers resulting from the collection of information. (Do not include the cost of any hour burden shown in Items 12 and 14).

* The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information [including filing fees paid]. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

* If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

* Generally, estimates should not include purchases of equipment or services, or portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory compliance with requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-I.

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

18. Explain each exception to the certification statement identified in Item 19, "Certification for Paperwork Reduction Act Submissions," of OMB Form 83-I.

Introduction

We, the Office of Surface Mining Reclamation and Enforcement (OSM), are submitting this information collection clearance package to request authority to collect information and require retention of records under 30 CFR Part 784 - Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan. Part 784 specifies what an applicant for a permit for an underground coal mine must include in the reclamation plan component of the permit application. OMB previously renewed and approved the collections of information and recordkeeping requirements for this part under control number 1029-0039. We are making this new request because a final rule, the Excess Spoil, Coal Mine Waste, and Buffers for Perennial and Intermittent Streams (Excess Spoil) rule that we are publishing will result in program changes to the currently approved burden for this part.

The new Excess Spoil final rule removes the requirement previously located in 30 CFR 817.57(a) that the regulatory authority make certain findings before approving waivers from the prohibition on disturbances within 100 feet of an intermittent or perennial stream. Instead, the final rule establishes new permit application requirements in 30 CFR 784.28 that would apply to all proposed surface disturbances in or within 100 feet of a perennial or intermittent stream. Section 784.28 also requires that the regulatory authority make certain findings before approving the proposed disturbance.

In addition, the new final rule revises 30 CFR 784.19 to require that the permit applicant—

Demonstrate that the operation has been designed to minimize the volume of excess spoil to the extent possible, taking into consideration applicable regulations concerning approximate original contour restoration, safety, stability, and environmental protection and the needs of the proposed postmining land use.

Demonstrate that the designed maximum cumulative volume of all proposed excess spoil fills within the permit area is no larger than the capacity needed to accommodate the anticipated cumulative volume of excess spoil that would be generated by the proposed operation.

Avoid placement of excess spoil in or within 100 feet of a perennial or intermittent stream to the extent possible. If the application proposes to place excess spoil in or within 100 feet of a perennial or intermittent stream, the application must demonstrate why avoidance is not reasonably possible. In addition, in the latter case, the applicant must develop a reasonable range of reasonably possible alternative excess spoil disposal plans in which the size, numbers, and locations of the fills vary; submit an analysis of the environmental impacts of those alternatives; and select the alternative with the least overall adverse impact on fish, wildlife, or related environmental values.

Finally, the Excess Spoil final rule revises 30 CFR 784.16 to require that permit applicants avoid placement of coal mine waste in or within 100 feet of a perennial or intermittent stream to the extent possible. If the application proposes to place coal mine waste in or within 100 feet of a perennial or intermittent stream, the application must demonstrate why avoidance is not reasonably possible. In addition, in the latter case, permit applicants must identify a reasonable range of alternative coal mine waste disposal methods and alternative locations for any disposal structures; analyze the environmental impacts of each alternative; and select the alternative with the least overall adverse impact on fish, wildlife, and related environmental values.

While the wording of the final rule differs somewhat from what we proposed on August 24, 2007, we do not anticipate that the revisions will result in any changes in the information collection requirements for the proposed rule as approved by OMB on November 30, 2007. Several commenters on the proposed rule expressed concern that the proposed alteration in scope from perennial and intermittent streams to waters of the United States would increase the burden, contrary to our statement in the preamble to the proposed rule that we did anticipate any such change. However, we decided not to adopt the proposed change as part of the final rule, so the comment is now moot. The scope of the stream buffer zone rule remains perennial and intermittent streams, not waters of the United States.

Each section of 30 CFR Part 784 is discussed separately. Because the responses to some items in the instructions for the supporting statement are identical for each section; those responses appear on pages 10-12 of this document. Except as otherwise noted in the supporting statements for individual sections, the respondents and potential respondents consist of 62 underground coal mining permit applicants, together with 24 state regulatory authorities.

The tables below summarize the hours for which clearance is requested for Part 784, the total burden hours for each section currently approved by OMB, and the changes we are now requesting that would result from both adjustments and the program changes in the final rule. We are requesting 21,761 burden hours, an increase of 4,576 hours from the currently approved level of 17,185 hours. The increase is a result of reestimates in the number of responses, and in individual respondent burden. The program changes to sections 784.16, 784.17, 784.19, and 784.28 result in a total of 2,045 additional burden hours.

INFORMATION COLLECTION SUMMARY FOR 30 CFR PART 784

Section	Industry Responses	Industry Hours per Response	State Responses	State Hours per Response	Total Hours Requested	Currently Approved Burden Hours	Program Changes	Adjustment	Changes to Burden Hours
784.11	62	4	61	3	431	347	0	84	84
.12	25	6	24	2.25	204	198	0	6	6
.13	62	53	61	4.5	3,561	3,101	0	460	460
.14	62	40	61	8.75	3,014	3,063	0	-49	-49
.15	62	6	61	1	433	398	0	35	35
.16	62	16	61	10	1,602	814	801	-13	788
.17	1	6	1	5	11	99	-95	7	-88
.18	28	8	27	2	278	278	0	0	0
.19	47	9	46	12	975	583	369	23	392
.20	62	12	61	4	988	1,004	0	-16	-16
.21	62	4	61	8	736	245	0	491	491
.22	62	24	61	6	1,854	1,404	0	450	450
.23	62	40	61	7.5	2,938	2,954	0	-16	-16
.24	62	20	61	4.5	1,515	1,392	0	123	123
.25	34	6	33	4	336	346	0	-10	-10
.28	49	10	48	10	970	0	970	0	970
.29	62	16	61	5	1,297	331	0	966	966
.30	62	8	61	2	618	628	0	-10	-10
TOTALS					21,761	17,185	2,045	2,531	4,576

SUMMARY OF NON-WAGE COSTS FOR 30 CFR PART 784

Section	Total Non-Wage Costs ($)	Total Federal Costs ($)
784.11	6,200	2,223
784.12	2,500	1,363
784.13	31,000	3,290
784.14	155,000	4,324
784.15	1,240	658
784.16	10,416	3,290
784.17	550	376
784.18	1,400	470
784.19	23,500	2,068
784.20	31,000	1,326
784.21	12,400	752
784.22	310,000	846
784.23	6,200	3,126
784.24	3,100	1,927
784.25	3,400	1,034
784.28	4,900	2,820
784.29	3,100	1,363
784.30	6,200	658
TOTALS	612,106	31,914

List of Items with Identical Responses

3. At the discretion of the regulatory authority, persons may submit responses electronically to the extent that both parties have the requisite technical capability. Further, permit applicants have been increasingly using electronic means to prepare their permit applications using word processing, AutoCAD and GPS software applications. Several states, such as Kentucky and Virginia, receive 90% of their permit applications electronically. Other states are not yet prepared to receive applications electronically because of other priorities or the limited size of their program. We estimate that on a national basis, 33% of all permit applications are submitted by electronic means. We hope that this figure will improve over time as more states and permit applicants realize the time and cost savings associated with electronic submissions.

4. The information requested under 30 CFR Part 784 is collected infrequently (generally only once, at the time that a person applies for a permit). Therefore, duplication is minimal to nonexistent. When submitting an application for a permit revision, permittees may cross-reference relevant materials previously submitted in a permit application.

5. There are no special provisions for small organizations. While small operators may be eligible for financial assistance under the Small Operators Assistance Program (SOAP), Congress has not appropriated money for that program in recent years.

6. A reduction in the frequency of collection is not possible because the information requested under 30 CFR Part 784 is collected only once for each site.

7. No collection of information under 30 CFR Part 784 is inconsistent with the guidelines at 5 CFR 1320.5(d)(2) as summarized in the instructions for this item of the supporting statement.

To determine the burden that would be placed on respondents by the revisions to 30 CFR Part 784, OSM relied on information supplied by our Knoxville Field Office, which processes permit applications for lands for which OSM is the regulatory authority in the Appalachian Region, and contacted the following state regulatory authorities and a mining consulting firm that prepares mining permit applications. We supplied a concise description of the proposed revisions along with a request for input on the associated information collection requirements and any other comments they wished to make regarding the clarity of the rules and potential burdens.

Jim Pierce, Lead Permitting Engineer

West Virginia Department of Environmental Protection

Division of Mining and Reclamation

1101 George Kostas Drive

Logan, WV 25601

Phone: 304-792-7250

Email: jpierce@wvdep.org

Mark Carew

Kentucky Department of Natural Resources

Division of Mine Permitting

#2 Hudson Hollow Complex

Frankfort, KY 40601

Phone: (502) 564-2320

Email: Mark.Carew@ky.gov.

Jim Canterbury

Summit Engineering Inc.

400 Allen Drive, Suite 100

Charleston, WV 25302

Phone: 304-342-1342

Email: jcanterbury@summit-engr.com

The persons listed above stated that many of the new requirements would not add appreciably to permittee or state regulatory authority workloads because similar requirements or reviews already exist under the programs implementing sections 401 and 404 of the Clean Water Act. They also noted that some of the new requirements were already being implemented as a matter of policy in Kentucky and West Virginia.

Mr. Carew stated that, with respect to proposed excess spoil fills and coal mine waste disposal facilities, it was not clear whether economic factors may be considered in determining whether an alternative is possible. We have revised the rule and preamble to clarify that the determination must be made on the basis of cost, technology, and logistics, meaning that economic factors are an integral element of the determination.

Mr. Carew expressed concern that one of the findings that the proposed rule would have required for a variance from the prohibition on disturbance of the buffer may be difficult or impossible to meet because any disturbance will have some impact compared to no impact. The provision in question would have required the regulatory authority to find that measures proposed by the applicant in lieu of maintaining the 100-foot buffer would be no less effective than that buffer in meeting the requirements of the regulatory program. Based on comments that we received on the proposed rule, we did not include this finding in the final rule.

Mr. Carew noted that the revised finding for stream diversions may mean that engineers will have to certify compliance with vague requirements (protection of fish, wildlife, and related environmental values) outside their area of expertise. We have revised the rule to limit the scope of the certification to the design and construction requirements in the regulations and any design criteria established by the regulatory authority. The certification need not duplicate the finding required of the regulatory authority.

Not applicable. OSM and state regulatory authorities provide no payments or gifts to respondents except for grants to states authorized by law.

10. The permit applicant has the right to request confidentiality for certain information, for example, analyses of the chemical and physical properties of the coal to be mined. Sections 507(b)(17), 508(a)(12), and 508(b) of SMCRA require that certain types of permit application information be kept confidential if requested by the permit applicant and approved by the regulatory authority. The Archeological Resources Protection Act of 1979, 16 U.S.C. 470, requires that information on the nature and location of archeological resources on public lands and Indian lands be kept confidential.

11. Not applicable. Sensitive questions are not asked.

15. See individual responses for each rule section for explanation for the burden hour adjustments.

16. Not applicable. OSM has no plans to publish the information collected.

17. Not applicable. OSM is not seeking a waiver from the requirement to display the expiration date of the OMB approval of the information collected.

18. Not applicable. There are no exceptions to the certification statement in Item 19 of OMB Form 83-I.

Supporting Statement for Reporting Requirements of

Section 784.11

A. Justification

2. Paragraph (a) requires a narrative description of the mining methods, engineering techniques, and major equipment planned for use in the operation, and a description of the anticipated production of the mine.

Paragraph (b) requires a narrative description of the planned use of certain listed facilities, including construction, modification, maintenance, and removal of such facilities.

This information is necessary to enable the regulatory authority to evaluate the cumulative impact of the proposed operations on the resources of the area, including the hydrologic balance, land, vegetation, and fish and wildlife. In addition, this information will aid the regulatory authority in determining whether the applicant can meet the applicable performance standards of this Chapter.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

Based on data from the 2006 evaluation year, we and the 24 state regulatory authorities annually receive approximately 62 new permit applications for underground mines (61 by states and one by us), all of which must include the information required by 30 CFR 784.11. We estimate that each applicant requires 4 hours to collect this information. Therefore, the annual burden to permit applicants for compliance with this section totals 248 hours (62 applications x 4 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 183 hours (61 permit applications received by state regulatory authorities x 3 hours per application).

Therefore, the total annual burden for all respondents is 431 hours (248 hours for permit applicants + 183 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Using U.S. Department of Labor’s Bureau of Labor statistics for mining companies found at http://www.bls.gov/oes/current/naics4_212100.htm we estimate the following wage costs (rounded) required to complete the collection for this section (wage costs include benefits calculated at 1.4 of hourly wages):

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Clerical	1	18.40	18.40
Engineering Technician	2	30.21	60.42
Mining Engineer	1	46.82	46.82
Total	4		125.64

Therefore, the estimated total annual wage cost for each industry respondent for §784.11 is $126 (rounded). The total wage cost to all industry respondents is $126 x 62 permits = $7,812.

In addition, it takes 3 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.). Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.11 of each permit application is $31 per hour x 3 hours = $93. The total wage cost to all state regulatory authorities is $93 x 61 permit applications = $5,673.

Therefore, we estimate that the burden to all respondents is $7,812 for industry + $5,673 for state regulatory authorities = $13,485.

13. Total Annual Non-Wage Cost Burden to Respondents:

a. Capital and Start-Up Costs.

Non-labor cost information was provided by the engineering companies and includes permit application costs for items such as equipment, copying, travel to the mine site and other locations for data collection, newspaper publications, laboratory analysis, and postage. This cost is $100 per application, or $6,200 ($100 x 62 applications) for all applicants.

b. Operation, Maintenance and Services

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of State program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of State compliance with the requirements of 30 CFR § 784.11 in the absence of any indication of programmatic problems. Assuming that OSM conducts an oversight review of this topic in one State program per year and that each review requires an average of 40 hours, the annual cost to the Federal government for this oversight activity is $1,880, assuming a GS 12/5 regulatory program specialist/engineer reviewing the application at $47 per hour (including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp).

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive 1 application for a new underground mine permit for lands and operations for which OSM is the regulatory authority, requiring 7 hours to review. At an average salary of $47 per hour as referenced above, the annual wage cost to the Federal government to review the narrative explaining construction, maintenance and use of facilities will be $343 (1 application x 7 hours per finding x $47 per hour).

Total Federal Cost

$ 1,880 Oversight

+ $ 343 Federal Programs

$ 2,223 Total Federal Cost

There are currently 347 hours approved for this section. We anticipate no change as a result of adoption of the new final rule because that rule does not revise this section. However, we are making an adjustment that will increase the burden by 84 hours because of an estimated increase in the number of respondents. The burden will change as follows:

347 hours currently approved

+ 84 hours due to an adjustment

431 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.12

A. Justification.

1. Section 507(b)(13) of SMCRA requires the permit applicant to provide a description of each existing structure proposed to be used in the mining or reclamation operation and a compliance plan for structures proposed to be modified or constructed for use in the operation. Section 516(d) of SMCRA provides that the permitting requirements of Title V of SMCRA, including those of section 507(b)(13), are applicable to surface operations and surface impacts of underground mines.

2. The regulatory authority uses the information collected under this section to determine if existing structures can comply with the performance standards in Part 817 of our regulations, and, if not, what modifications are needed.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us). Based on contacts with state agencies and permit applicants, we estimate that approximately 40% (25) of those permit applications propose to use existing structures and therefore must supply this information, which requires an estimated 6 hours to prepare. Therefore, the total annual burden on permit applicants for compliance with this section is 150 hours (25 permit applications x 6 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 54 hours (24 permit applications received by state regulatory authorities x 2.25 hours per application).

Therefore, the total annual burden for all respondents is 204 hours (150 hours for permit applicants + 54 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Clerical	1	18.40	18.40
Engineering Technician	4	30.21	120.84
Mining Engineer	1	46.82	46.82
Total	6		186.06

Therefore, the estimated total annual wage cost for each industry respondent for §784.12 is $186 (rounded). The total wage cost to all industry respondents is $186 x 25 permits = $4,650.

In addition, it takes 2.25 hours for each State regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for State employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.). Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.12 of each permit application is $31 per hour x 2.25 hours = $70. The total wage cost to all state regulatory authorities is $70 x 24 permit applications = $1,680.

Therefore, we estimate that the burden to all respondents is $4,650 for industry + $1,680 for state regulatory authorities = $6,330.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs.

Non-labor cost information was provided by the engineering companies and include permit applications costs for items such as equipment, copying, travel to the mine site and other locations for data collection, newspaper publications, laboratory analyzes, and postage. This cost is $100 per respondent. The total costs for all permit applicants would be $2,500 (25 applications x $100 per application).

b. Operation, Maintenance and Services.

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.12 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 20 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $940.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive 1 application for an underground permit for lands and operations for which OSM is the regulatory authority, requiring 9 hours to review. At an average salary of $47 per hour as referenced above, the annual wage cost to the Federal government to review the narrative on existing structures will be $423 (1 application x 9 hours per review x $47 per hour).

Total Federal Cost

$ 940 Oversight

+ $ 423 Federal Programs

$ 1,363 Total Federal Cost

There are currently 198 hours approved for this section. We anticipate no change as a result of adoption of the new final rule because that rule does not revise this section. However, we are making a slight adjustment in the time required for regulatory review by 15 minutes. The adjustment will decrease the burden by 532 hours. The burden will change as follows:

198 hours currently approved

+ 6 hours due to an adjustment

204 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.13

A. Justification.

2. Detailed information is required to enable the regulatory authority to determine whether the proposed mining operation will be conducted in compliance with the performance standards contained in Subchapter K of these regulations and to make the findings required to issue a permit. The required information includes a detailed timetable for the completion of each major step in the reclamation plan and a detailed estimate of the cost of reclamation together with supporting calculations, and is necessary for the regulatory authority to determine the amount of the bond. Information includes plans for spoil handling, soil replacement, revegetation, conservation of the coal resource, acid/toxic material handling, combustible material handling, sealed or managed mine openings complying with the Clean Air Act and the Clean Water Act.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), all of which must include the information required by this section. We estimate that each applicant requires 53 hours to prepare this information, based on discussions with industry representatives. Therefore, the annual burden to permit applicants for compliance with this section totals 3,286 hours (62 applications x 53 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 275 hours (61 permit applications received by state regulatory authorities x 4.5 hours per application).

Therefore, the total annual burden for all respondents is 3,561 hours (3,286 hours for permit applicants + 275 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Clerical	5	18.40	92
Environmental Technician	30	30.21	906
Environmental Engineer	15	46.82	702
Operations Manager	3	63.72	191
Total	53		1,891

Therefore, the estimated total annual wage cost for each industry respondent for §784.13 is $1,891. The total wage cost to all industry respondents is $1,891 x 62 permits = $117,242.

In addition, it takes 4.5 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for a state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.) Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.13 of each permit application is $31 per hour x 4.5 hours = $140. The total wage cost to all state regulatory authorities is $140 x 61 permit applications = $8,540.

Therefore, we estimate that the burden to all respondents is $117,242 for industry + $8,540 for State regulatory authorities = $125,782.

13. Total Annual Non-Wage Cost Burden to Respondents:

a. Capital and Start-Up Costs.

Non-labor cost information was provided by the engineering companies and include permit application costs for items such as equipment, copying, travel to the mine site and other locations for data collection, newspaper publications, laboratory analyzes, and postage. This cost is $500 per respondent. The total costs for all applicants would be $31,000 (62 applications x $500 per application).

b. Operation, Maintenance and Services.

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.13 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 60 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $2,820.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive 1 application for a new underground mining permit where OSM is the regulatory authority, requiring 10 hours to review each. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the reclamation plans will be $470 (1 plan x 10 hours per review x $47 per hour).

Total Federal Cost

$ 2,820 Oversight

+ $ 470 Federal Programs

$ 3,290 Total Federal Cost

15. There are currently 3,101 hours approved for this section. We anticipate no change as a result of adoption of the new final rule because that rule does not revise this section. However, we are making an adjustment in the number of applications which are reviewed by state regulatory authorities. The adjustment will increase the burden by 460 hours. The burden will change as follows:

3,101 hours currently approved

+ 460 hours due to an adjustment

3,561 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.14

A. Justification.

1. Section 516(d) of SMCRA provides that the permitting requirements of Title V of SMCRA are applicable to surface operations and surface impacts of underground mines, although the Secretary must modify those requirements by rulemaking in recognition of the distinct differences between surface and underground mining. The regulations at 30 CFR 784.14 reflect this requirement. Section 507(b)(11) of SMCRA requires that the application include a determination of the probably hydrologic consequences of the proposed operations. Section 508(a)(13) of SMCRA requires that the application include a detailed description of the measures to be taken to protect the quality and quantity of surface and ground water systems and the rights of water users. Section 517(b)(2) of SMCRA requires that the permittee monitor both surface and ground water systems. Collection and analysis of the baseline hydrologic information required by 30 CFR 784.14 is an integral element of meeting those statutory requirements and determining the effects of mining and reclamation. Collection of this information is necessary to predict whether mining may have adverse impacts on the hydrologic balance and, if so, to develop plans for remedial and restorative measures.

2. The permit applicant uses the information collected under 30 CFR 784.14 to develop the determination of the probable hydrologic consequences of the proposed operation, as required by the statute, and to provide a baseline for the monitoring program also required by the statute. The regulatory authority uses the information to assist in evaluating the probable impacts of the operation on surface and ground water systems and in preparing the cumulative hydrologic impact assessment, as well as determining whether the operation has been designed to meet the hydrologic protection requirements of the statute.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), all of which must include the information required by this section. We estimate that each applicant requires 40 hours to prepare this information, based on discussions with industry representatives. Therefore, the annual burden to permit applicants for compliance with this section totals 2,480 hours (62 applications x 40 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 534 hours (61 permit applications received by state regulatory authorities x 8.75 hours per application).

Therefore, the total annual burden for all respondents is 3,014 hours (2,480 hours for permit applicants + 534 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Clerical	5	18.40	92
Earth Drillers	20	28.39	568
Geological Engineer	12	47.84	574
Operations Manager	3	63.72	191
Total	40		1,425

Therefore, the estimated total annual wage cost for each industry respondent for §784.14 is $1,425. The total wage cost to all industry respondents is $1,425 x 62 permits = $88,350.

In addition, it takes 8.75 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for State employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.) Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.14 of each permit application is $31 per hour x 8.75 hours = $271 (rounded). The total wage cost to all state regulatory authorities is $271 x 61 permit applications = $16,531.

Therefore, we estimate that the burden to all respondents is $88,350 for industry + $16,531 for State regulatory authorities = $104,881.

13. Total Annual Non-Wage Cost Burden to Respondents:

a. Capital and Start-Up Costs.

Non-labor costs for each application are $2,500, which translates to a total cost of $155,000 for all permit applicants (62 applications x $2,500 per application). The non-labor costs were provided by the engineering companies and include permit application costs for items such as equipment, copying, travel to the mine site and other locations for data collection, newspaper publications, laboratory analysis, and postage.

b. Operation, Maintenance and Services.

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of State program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of State compliance with the requirements of 30 CFR § 784.15 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one State program per year and that each review requires an average of 80 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $3,760.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive 1 application for a new permit where OSM is the regulatory authority, requiring 12 hours to review. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the plan will be $564 (1 plan x 12 hours per review x $47 per hour).

Total Federal Cost

$ 3,760 Oversight

+ $ 564 Federal Programs

$ 4,324 Total Federal Cost

15. There are currently 3,063 hours approved for this section. We anticipate no change as a result of adoption of the new final rule because that rule does not revise this section. However, we are making a slight adjustment in the number of applications prepared and reviewed by the state regulatory authorities. The adjustment will decrease the burden by 49 hours. The burden will change as follows:

3,063 hours currently approved

- 49 hours due to an adjustment

3,014 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.15

A. Justification.

2. The regulatory authority uses the information required in section 784.15 in making decisions on proposed postmining land uses and provides a baseline for determination of revegetation success. Failure to submit this information would hamper assessment of reclamation success.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), all of which must include the information required by this section. We estimate that each applicant requires 6 hours to prepare this information, based on discussions with industry representatives. Therefore, the annual burden to permit applicants for compliance with this section totals 372 hours (62 applications x 6 hours per application).

The burden for state regulatory authorities to review this portion of the permit application is approximately one hour, or 61 hours to review all underground permit applications (61 permit applications received by state regulatory authorities x 1 hour per application).

Therefore, the total annual burden for all respondents is 433 hours (372 hours for permit applicants + 61 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Clerical	.5	18.40	9
Environmental Technician	4	30.21	121
Environmental Engineer	1	46.82	47
Operations Manager	.5	63.72	32
Total	6		209

Therefore, the estimated total annual wage cost for each industry respondent for §784.15 is $209. The total wage cost to all industry respondents is $209 x 62 permits = $12,958.

In addition, it takes 1 hour for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.) Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.15 of each permit application is $31 per hour x 1 hour = $31. The total wage cost to all state regulatory authorities is $31 x 61 permit applications = $1,891.

Therefore, we estimate that the burden to all respondents is $12,958 for industry + $1,891 for state regulatory authorities = $14,849.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $20, which translates to a total cost of $1,240 for all applicants (62 applications x $20 per application).

b. Operation, Maintenance and Services:

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.15 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 12 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $564.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive 1 application for a new permit where OSM is the regulatory authority, requiring 2 hours to review. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the plan will be $49 (1 plan x 2 hours per review x $47 per hour).

Total Federal Cost

$ 564 Oversight

+ $ 94 Federal Programs

$ 658 Total Federal Cost

15. There are currently 398 hours approved for this section. We anticipate no change as a result of adoption of the new final rule because that rule does not revise this section. However, we are increasing by 6 the number of applications submitted to and reviewed by the state regulatory authorities. The adjustment will increase the burden by 35 hours. The burden will change as follows:

398 hours currently approved

+ 35 hours due to an adjustment

433 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Sections 784.16

A. Justification.

1. This section contains design and other permit application requirements for siltation structures, impoundments, and refuse piles. Sections 507(b)(14) and 516(b)(4) and (5) of SMCRA provide authority for these requirements. Section 516(d) of SMCRA states that the permitting requirements of Title V of SMCRA are applicable to surface operations and surface impacts of underground mines, although the Secretary must modify those requirements by rulemaking in recognition of the distinct differences between surface and underground mining. The regulations at 30 CFR 784.16 reflect this requirement.

On August 24, 2007, we proposed to revise the rules to include new requirements relating to refuse piles and coal mine waste impoundments, which we are now adopting in final form as part of the Excess Spoil final rule. The purpose of the new rule is to ensure that the applicant selects the alternative with the least overall adverse impact on fish, wildlife, and related environmental values. The authority for the rule revisions arises primarily from paragraphs (b)(9)(B) and (b)(11) of section 516 of SMCRA, which require that coal mining operations use the best technology currently available to the extent possible to prevent additional contributions of suspended solids to streamflow outside the permit area and to minimize disturbances to and adverse impacts on fish, wildlife, and related environmental values.

2. Both permit applicants and SMCRA regulatory authorities use the information required by this rule to ensure that siltation structures, impoundments, and refuse piles are designed to protect safety, property, and the environment.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden.

a. Burden Hour Estimates for Respondents.

Burden on Permit Applicants

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), all of which must include the information required by this section. Based on our experience, we estimate that each application for an underground mine permit will include one refuse pile, in part because our 1983 rule revisions classify underground development waste as coal mine waste (refuse). Prior consultations with industry representatives indicate that each applicant will need 16 hours to prepare the information required by 30 CFR 784.16 for siltation structures, impoundments, and refuse piles for each permit application. This unit burden includes the burden for design certifications for refuse piles previously assigned to 30 CFR 817.81.

This burden does not include collecting the new information that the Excess Spoil final rule requires for applications proposing to dispose of coal mine waste in refuse piles or impoundments located in or within 100 feet of a perennial or intermittent stream. However, the persons listed in item 8 indicated that permit applicants are already preparing and submitting similar information under regulations and guidance implementing sections 401 and 404 of the Clean Water Act. Therefore, we are not including any burden hours for the new requirements for permit applicants for those facilities.

We estimate that the total annual burden to permit applicants for compliance with this section will be 992 hours (62 applications x 16 hours per application).

Burden on State Regulatory Authorities

Based in information supplied by the individuals listed in item 8, the burden for state regulatory authorities to review the information submitted under this section would increase by 4.5 hours per application (from 5.5 hours to an average of 10 hours) upon implementation of the Excess Spoil final rule. Therefore, we estimate that the total annual burden for state regulatory authorities to review information submitted under 30 CFR 784.16 in its entirety would be 610 hours [61 permit applications received by state regulatory authorities x 10 hours per application].

Burden on All Respondents

We estimate that the total annual burden for all respondents will be 1,602 hours (992 hours for permit applicants + 610 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents.

Using data collected by the U.S. Department of Labor Bureau of Labor Statistics for mining companies (see http://www.bls.gov/oes/current/naics4_212100.htm), we estimate that permit applicants will incure the following wage costs (rounded) to complete the collection for this section (wage costs include a 40% multiplier for benefits):

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Clerical	1	18.40	18
Engineering Technician	4	30.21	121
Mining Engineer	10	46.82	468
Operations Manager	1	63.72	64
Total	16		671

Therefore, the estimated total annual wage cost for each industry respondent for §784.16 is $671. The total wage cost to all industry respondents is $671 x 62 permits = $41,602.

In addition, it takes 10 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.) Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.16 of each permit application is $31 per hour x 10 hours = $310. The total wage cost to all state regulatory authorities is $310 x 61 permit applications = $18,910.

Therefore, we estimate that the total wage cost to all respondents is $41,602 for industry + $18,910 for state regulatory authorities = $60,512.

13. Total Annual Non-Wage Cost Burden to Respondents:

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $168, which translates to a total cost of $10,416 for all applicants (62 applications x $168 per application).

b. Operation, Maintenance, and Services:

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.16 in the absence of any indication of programmatic problems. If we conduct an oversight review of this topic in one state program per year, we estimate that the review will require an average of 60 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $2,820.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive 1 application for a new permit where OSM is the regulatory authority. At an average salary of $47 per hour for 10 hours to review this section of the application, the annual wage cost to the Federal government to review the plan will be $470 (1 application x $47 x 10 hours).

Total Federal Cost

$ 2,820 Oversight

+ $ 470 Federal Programs

$ 3,290 Total Federal Cost

There are currently 814 hours approved for this section. Because of a programmatic change (adoption of regulation changes in a new final rule) and a transfer of burden from 30 CFR 817.81, and a slight reduction in the number of respondents, we anticipate that the burden will increase by 788 hours. Therefore the burden will change as shown below:

814 hours currently approved

- 13 hours due to a change in use

+ 801 hours due to a program change

1,602 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.17

A. Justification

2. This information will enable the regulatory authority to determine whether the operation has been designed to meet the requirements of section 522(e)(3) of SMCRA, which prohibits surface coal mining operations that will have adverse effects on publicly owned parks or places listed on the National Register of Historic Places unless the agency with jurisdiction over the park or place grants joint approval or the applicant has valid existing rights.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us). Based on previous studies, we estimate that, on an annual basis, no more than one application for an underground mine will include the information required by this section. We estimate that preparing that information will require 6 hours. Therefore, the annual burden to permit applicants for compliance with this section totals 6 hours (1 application x 6 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 5 hours (1 permit application x 5 hours per application).

Therefore, the total annual burden for all respondents is 11 hours (6 hours for permit applicants + 5 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Environmental Technician	5	30.21	151
Operations Manager	1	63.72	64
Total	6		215

Therefore, the estimated total annual wage cost for each industry respondent for §784.17 is $215. The total wage cost to all industry respondents is $215 x 1 permit = $215.

In addition, it takes 5 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.) Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.17 of each permit application is $31 per hour x 5 hours = $155. The total wage cost to all state regulatory authorities is $155 x 1 permit application = $155.

Therefore, we estimate that the burden to all respondents is $215 for industry + $155 for state regulatory authorities = $370.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $550, which translates to a total non-labor cost of $550 for the one permit applicant anticipated each year.

b. Operation, Maintenance and Services:

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government.

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.17 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 3 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $141.

Federal Programs: Based upon data collected over the past few years, OSM estimates that it will not receive an application which contains information required under section 784.17. However, should we receive an application that includes this information, we estimate that 5 hours will be required to review that application to ensure compliance with section 784.17. Using one application per year as a placeholder, the cost of reviewing that application would be $235 (1 application x 5 hours per application x $47 per hour).

Total Federal Cost

$ 141 Oversight

+ $ 235 Federal Programs

$ 376 Total Federal Cost

15. There are currently 99 hours approved for this section. We anticipate no change as a result of adoption of the new final rule because that rule does not revise this section. However, we are making a correction because of a more careful reading of the current regulations which limits the number of respondents annually from 22 to 1, and reestimates pre-respondent burden from 4 hours to 6 hours for permit applicants and from 0.5 hours to 5 hours for state regulatory authority review time. These adjustments will decrease the burden by 88 hours. The burden will change as follows:

99 hours currently approved

+ 7 hours due to an adjustment

- 95 hours due to a correction (program change)

11 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.18

A. Justification.

Section 516(d) of SMCRA provides that the permitting requirements of Title V of SMCRA are applicable to surface operations and surface impacts of underground mines, although the Secretary must modify those requirements by rulemaking in recognition of the distinct differences between surface and underground mining. The regulations at 30 CFR 784.18, which require that the permit application include a description of the measures to be taken to protect the interests of the public and affected landowners when mining is to take place within 100 feet of a public road or when a public road is to be relocated, reflect this requirement. The regulations implement, in part, section 522(e)(5) of the Act, which requires that the regulatory authority ensure the protection of the public and affected landowners in these situations.

2. The regulatory authority uses the information collected under this section to fulfill its responsibilities to protect the public and affected landowners under section 522(e)(5) of SMCRA.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us). Based on prior studies, we estimate that the requirements of this section apply to 45% (28) of those applications. Based on discussions with industry representatives, we also estimate that it requires 8 hours to complete this portion of the application. Therefore, the annual burden to permit applicants for compliance with this section totals 224 hours (28 applications x 8 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 54 hours (27 permit applications containing this information received by state regulatory authorities x 2 hours per application).

Therefore, the total annual burden for all respondents is 278 hours (224 hours for permit applicants + 54 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Mining Engineer	7	46.82	328
Operations Manager	1	63.72	64
Total	8		392

Therefore, the estimated total annual wage cost for each industry respondent for §784.18 is $392. The total wage cost to all industry respondents is $392 x 28 permits = $10,976.

In addition, it takes 2 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for State employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.). Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.18 of each permit application is $31 per hour x 2 hours = $62. The total wage cost to all state regulatory authorities is $62 x 27 permit applications = $1,674.

Therefore, we estimate that the burden to all respondents is $10,976 for industry + $1,674 for state regulatory authorities = $12,650.

13. Total Annual Non-Wage Cost Burden to Respondents

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $50, which translates to a total cost of $1,400 for all applicants (28 applications x $50 per application).

b. Operation, Maintenance, and Services.

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.18 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 8 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $376.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive 1 application for a new permit where OSM is the regulatory authority. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the 1 plan at 2 hours per review will be $94 (1 application x $47 x 2 hours).

Total Federal Cost

$ 376 Oversight

+ $ 94 Federal Programs

$ 470 Total Federal Cost

15. There are currently 278 hours approved for this section. The new final rule will not affect this burden because it does not revise this section. The burden will not change from the currently approved 278 hours.

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.19

A. Justification.

As currently structured, the requirements of section 784.19 apply to the disposal of underground development waste as well as excess spoil. However, on September 26, 1983, we revised our rules to classify underground development waste as coal mine waste, which means that the disposal of underground development waste has been subject to a different set of permit application requirements (30 CFR 784.16) since that time. On August 24, 2007, we proposed to revise section 784.19 to remove all mention of underground development waste to be consistent with the 1983 rule change. We also proposed to include requirements analogous to the excess spoil disposal requirements for surface mines at 30 CFR 780.35, rather than just referencing that section as the current rule does. We are adopting those proposed rule changes, none of which will impact the information collection burden for Part 784.

However, our proposed changes to section 784.19 include the addition of provisions corresponding to analogous provisions in section 780.35 that we also proposed to revise. Those revisions, which we have adopted in modified form as part of a new final rule, will impact the information collection burden for section 784.19. The new provisions require that the operation be designed to minimize the creation of excess spoil and that the cumulative volume of all excess spoil fills be no greater than the volume needed to contain the amount of excess spoil to be generated. They also require avoidance of perennial and intermittent streams and their buffer zones to the extent possible. If avoidance is not possible, the applicant must demonstrate why avoidance is not reasonably possible. In addition, in those cases, the applicant must identify and evaluate a reasonable range of reasonably possible alternatives with respect to excess spoil disposal and select the alternative with the least overall adverse impact on fish, wildlife, and related environmental values. The authority for the new provisions in the final rule is derived from paragraphs (b)(9)(B) and (b)(11) of section 516 of SMCRA, which require that, to the extent possible, coal mining operations use the best technology currently available to prevent additional contributions of suspended solids to streamflow outside the permit area and to minimize disturbances to and adverse impacts on fish, wildlife, and related environmental values.

2. The regulatory authority uses the geotechnical investigation and fill design requirements of this section to ensure that excess spoil is disposed of safely in a stable manner with a minimum of adverse environmental impacts.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

Burden on Permit Applicants

As part of the new Excess Spoil final rule, we are revising 30 CFR 784.19(a)(1) and (2) to require that all proposed mining operations be designed to minimize the creation of excess spoil and that the cumulative volume of all excess spoil fills be no greater than the volume needed to contain the amount of excess spoil to be generated. Based on responses from the persons listed in item 8, we estimate that these requirements will add one hour to the burden for permit applicants and one hour to the burden for regulatory authorities to review permit applications.

Paragraph (a)(3) of section 784.19, as revised by the Excess Spoil final rule, requires that operations be designed to avoid placement of excess spoil in perennial and intermittent streams and their buffer zones to the extent possible. When avoidance is not possible, the applicant must demonstrate that there is no reasonably possible alternative. In that case, each applicant proposing to dispose of excess spoil must identify a reasonable range of reasonably possible alternatives with respect to the size, configuration, number, and location of fills, evaluate their environmental impacts, and select the alternative with the least overall adverse impact on fish, wildlife, and related environmental values. The persons listed in item 8 indicate that these new requirements will not add to the burden for the permit applicant because substantially similar information is already being collected and provided under a different law—sections 401 and 404 of the Clean Water Act. However, the state regulatory authority respondents in item 8 estimate that regulatory authority review of the new material submitted in the permit application would add 6 hours to the burden of the regulatory authority for each application that includes disposal of excess spoil.

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), of which we estimate that 75% (47) will include an excess spoil fill and therefore must include the information required by this section. Prior consultations with industry representatives indicate that each applicant will need 8 hours to prepare the information required by 30 CFR 784.19, exclusive of the new information required by the new final rule. As discussed above, the new requirements in the final rule will add one hour to that burden, exclusive of the information that applicants are already preparing and submitting under a different law (the Clean Water Act). Consequently, a permit applicant will need a total of 9 hours to collect the information required under 30 CFR 784.19, as revised by the final rule. Therefore, the total annual burden to permit applicants for compliance with this section is 423 hours (47 applications x 9 hours per application).

Burden on State Regulatory Authorities

As discussed above, adoption of the final rule will increase the burden for state regulatory authorities to review the information submitted under this section by 7 hours per application, for an average total review burden of 12 hours per application for this section. We estimate that the total annual burden for state regulatory authorities to review permit applications under 30 CFR 784.19 will be 552 hours (46 permit applications received by state regulatory authorities with proposed excess spoil fills x 12 hours per application).

Burden on All Respondents

Therefore, the total annual burden for all respondents is 975 hours (423 hours for permit applicants + 552 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Using data collected by the U.S. Department of Labor, Bureau of Labor Statistics for mining companies (see http://www.bls.gov/oes/current/naics4_212100.htm), we estimate that the average permit applicant will incur the following wage costs (rounded) to complete the collection for this section (wage costs include benefits calculated at40% of hourly wages):

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Mining Engineer	8	46.82	375
Operations Manager	1	63.72	64
Total	9		439

Therefore, the estimated total annual wage cost for each industry respondent for §784.19 is $439. The total wage cost to all industry respondents is $439 x 47 permits = $20,633.

In addition, it takes 12 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for State employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly sages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.). Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.19 of each permit application is $31 per hour x 12 hours = $372. The total wage cost to all state regulatory authorities is $372 x 46 permit applications = $17,112.

Therefore, we estimate that the burden to all respondents is $20,633 for industry + $17,112 for State regulatory authorities = $37,745.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $500, which translates to a total cost of $23,500 for all applicants (47 applications x $500 per application).

b. Operation, Maintenance, and Services:

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.19 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 40 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $1,880.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive 1 application for a new permit where OSM is the regulatory authority. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the 1 plan at 4 hours per review will be $188 (1 application x $47 x 4 hours).

Total Federal Cost

$ 1,880 Oversight

+ $ 188 Federal Programs

$ 2,068 Total Federal Cost

15. There are currently 583 hours approved for this section. Due to a slight increase in applicant burden and an increase in state regulatory review time because of a programmatic change (adoption of the new Excess Spoil final rule), we anticipate a burden change as shown below:

583 hours currently approved

+ 23 hours because of adjustment

+ 369 hours because of a programmatic change

975 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.20

A. Justification.

1. Section 516(b)(1) of SMCRA requires each operator of an underground mine to prevent subsidence that would cause material damage, to the extent technologically and economically feasible. Our regulations at 30 CFR 784.20 contain permitting requirements, including preparation of a subsidence control plan, related to this performance standard. Those regulations also contain permitting requirements intended to support the implementation of section 720 of SMCRA, which requires the correction of subsidence-related material damage to certain structures and the replacement of domestic water supplies adversely impacted by underground mining operations.

2. The regulatory authority uses the preliminary survey information provided under 30 CFR 784.20 to determine whether a subsidence control plan is needed. It also may use the information provided under this section to evaluate future claims of subsidence damage. The subsidence control plan is the mechanism by which the regulatory authority requires compliance with the directive in section 516(b)(1) of the Act that operators "adopt measures consistent with known technology in order to prevent subsidence causing material damage to the extent technologically and economically feasible."

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), all of which include at least some of the information required by 30 CFR 784.20. We estimate that each applicant requires an average of 12 hours to prepare this information, based on discussions with industry representatives. Therefore, the annual burden to permit applicants for compliance with this section totals 744 hours (62 applications per year x 12 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 244 hours (61 permit applications approved by state regulatory authorities per year x 4 hours per application).

Therefore, the total annual burden for all respondents is 988 hours (744 hours for permit applicants + 244 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Mining Engineer	10	46.82	468
Operations Manager	2	63.72	127
Total	12		595

Therefore, the estimated total annual wage cost for each industry respondent for §784.20 is $595. The total wage cost to all industry respondents is $595 x 62 permits = $36,890.

In addition, it takes 4 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for State employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly sages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.). Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.19 of each permit application is $31 per hour x 4 hours = $124. The total wage cost to all state regulatory authorities is $124 x 61 permit applications = $7,564.

Therefore, we estimate that the burden to all respondents is $36,890 for industry + $7,564 for state regulatory authorities = $44,454.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $500, which translates to a total annual cost of $31,000 for all applicants (62 applications per year x $500 per application).

b. Operation, Maintenance, and Services:

None other than those associated with customary and usual business practices.

14. Estimated Costs to the Federal Government

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.20 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 24 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $1,128.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive 1 application for a new permit where OSM is the regulatory authority. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the 1 plan at 4 hours per review will be $188 (1 application x $47 x 4 hours).

Total Federal Cost

$ 1,128 Oversight

+ $ 188 Federal Programs

$ 1,326 Total Federal Cost

15. There are currently 1004 hours approved for this section. Adoption of the new final rule will not affect this burden because that rule does not revise this section. However, we are making a slight adjustment in the number of applications prepared by applicants and reviewed by state regulatory authorities. The burden will change as follows:

1,004 hours currently approved

- 16 hours due to an adjustment

988 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.21

A. Justification.

1. The regulations at 30 CFR 784.21 require that each application for an underground mine include baseline fish and wildlife resource information for the proposed permit and adjacent areas. They also require submission of a fish and wildlife protection and enhancement plan. Those requirements are intended to assist implementation of section 516(b)(11) of SMCRA, which requires that coal mining operations be conducted to minimize disturbances and adverse impacts to fish, wildlife, and related environmental values and achieve enhancement where applicable.

2. The regulatory authority uses the information provided under 30 CFR 784.21 to ensure that the operation is designed meet the requirements of section 516(b)(11) of SMCRA to minimize disturbance and adverse impacts on fish, wildlife and related environmental values to the extent possible using the best technology currently available.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), all of which must include the information required by this section. We estimate that each applicant requires 4 hours to prepare this information, based on discussions with industry representatives. Therefore, the annual burden to permit applicants for compliance with this section totals 248 hours (62 applications x 4 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 488 hours (61 permit applications received by state regulatory authorities x 8 hours per application).

Therefore, the total annual burden for all respondents is 736 hours (248 hours for permit applicants + 488 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Clerical	1	18.40	18
Environmental Technician	7	30.21	211
Environmental Engineer	3	46.82	140
Operations Manager	1	63.72	64
Total	12		433

Therefore, the estimated total annual wage cost for each industry respondent for §784.20 is $433. The total wage cost to all industry respondents is $433 x 62 permits = $26,846.

In addition, it takes 8 hours for each State regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.). Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.21 of each permit application is $31 per hour x 8 hours = $248. The total wage cost to all state regulatory authorities is $248 x 61 permit applications = $15,128.

Therefore, we estimate that the burden to all respondents is $26,846 for industry + $15,128 for State regulatory authorities = $41,974.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $200, which translates to a total cost of $12,400 for all applicants (62 applications x $200 per application).

b. Operations, Maintenance and Services:

None other than those associated with customary and usual business practices.

14. Estimated Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.21 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 12 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $564.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive 1 application for a new permit where OSM is the regulatory authority. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the 1 plan at 4 hours per review will be $188 (1 application x $47 x 4 hours).

Total Federal Cost

$ 564 Oversight

+ $ 188 Federal Programs

$ 752 Total Federal Cost

15. There are currently 245 hours approved for this section. Adoption of the new final rule will not affect this burden because that rule does not revise this section. However, we are making a significant adjustment in the number of applications received, from 38 to 62, and a corresponding increase in the number reviewed by the state regulatory authorities. The adjustment will increase the burden by 491 hours. The burden will change as follows:

245 hours currently approved

+ 491 hours due to an adjustment

736 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.22

A. Justification.

2. The regulatory authority uses the information submitted under 30 CFR 784.22 to evaluate the adequacy of the hydrologic reclamation plan for the proposed operation, to determine whether a toxic materials handling plan is needed, to ascertain whether discharge treatment will be needed and whether those discharges will cease after mining and reclamation, to determine whether reclamation is feasible, and prepare the cumulative hydrologic impact assessment required by SMCRA for issuance of a permit.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), all of which must include the information required by this section. We estimate that each applicant requires 24 hours to prepare this information, based on discussions with industry representatives. Therefore, the annual burden to permit applicants for compliance with this section totals 1,488 hours (62 applications x 24 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 366 hours (61 permit applications received by state regulatory authorities x 6 hours per application).

Therefore, the total annual burden for all respondents is 1,854 hours (1,488 hours for permit applicants + 366 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Clerical	1	18.40	18
Samplers	16	21.38	342
Geological Engineer	6	47.84	287
Operations Manager	1	63.72	64
Total	24		711

Therefore, the estimated total annual wage cost for each industry respondent for §784.22 is $711. The total wage cost to all industry respondents is $711 x 62 permits = $44,082.

In addition, it takes 6 hours for each State regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.). Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.22 of each permit application is $31 per hour x 6 hours = $186. The total wage cost to all state regulatory authorities is $186 x 61 permit applications = $11,346.

Therefore, we estimate that the burden to all respondents is $44,082 for industry + $11,346 for state regulatory authorities = $55,428.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $5,000 for this section, which translates to a total cost of $310,000 for all applicants (62 applications x $5,000 per application).

b. Operations, Maintenance, and Services:

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.22 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 12 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $564.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive one underground application for a new permit where OSM is the regulatory authority, requiring 6 hours to review. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the plan will be $282 (1 plan x 6 hours per review x $47 per hour).

Total Federal Cost

$ 564 Oversight

+ $ 282 Federal Programs

$ 846 Total Federal Cost

15. There are currently 1,404 hours approved for this section. Adoption of the new final rule will not affect this burden because that rule does not revise this section. However, we are making an adjustment in the number of applications submitted, from 47 to 62, and a corresponding increase in state regulatory authority reviews. The adjustment will increase the burden estimate for this section by 450 hours. The burden will change as follows:

1,404 hours currently approved

+ 450 hours due to an adjustment

1,854 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.23

A. Justification.

2. The regulatory authority uses the maps, cross-sections, and plans submitted with the application to ensure that the operation has been located and designed in accordance with the requirements of SMCRA.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

While the new final rule includes various changes to this section, those changes do not impact information collection requirements. According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), all of which must include the information required by this section. We estimate that each applicant requires 40 hours to prepare this information, based on discussions with industry representatives. Therefore, the annual burden to permit applicants for compliance with this section totals 2,480 hours (62 applications x 40 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 458 hours (61 permit applications received by state regulatory authorities x 7.5 hours per application).

Therefore, the total annual burden for all respondents is 2,938 hours (2,480 hours for permit applicants + 458 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Clerical	3	18.40	55
Engineering Technician	25	30.21	755
Mining Engineer	10	46.82	468
Operations Manager	2	63.72	127
Total	40		1,405

Therefore, the estimated total annual wage cost for each industry respondent for §784.23 is $1,405. The total wage cost to all industry respondents is $1,405 x 62 permits = $87,110.

In addition, it takes 7.5 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.) Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.23 of each permit application is $31 per hour x 7.5 hours = $233. The total wage cost to all state regulatory authorities is $233 x 61 permit applications = $14,213.

Therefore, we estimate that the total wage cost to all respondents is $87,110 for industry + $14,213 for state regulatory authorities = $101,323.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $100, which translates to a total cost of $6,200 for all applicants (62 applications x $100 per application).

b. Operations, Maintenance, and Services:

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.23 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 60 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $2,820.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive one application for a new permit for lands and operations for which OSM is the regulatory authority, requiring 8 hours to review. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the information will be $376 (1 application x 8 hours per review x $47 per hour).

Total Federal Cost

$ 2,820 Oversight

+ $ 376 Federal Programs

$ 3,196 Total Federal Cost

15. There are currently 2,954 hours approved for this section. The new final rule will not alter this burden because the changes it makes to this section will not impact any information collection requirements. However, we are making an adjustment to reduce the number of applications received, from 63 to 62, and a corresponding reduction in the number reviewed by state regulatory authorities. The burden will change as follows:

2,954 hours currently approved

- 16 hours due to an adjustment

2,938 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.24

A. Justification.

2. The regulatory authority uses the design requirements for roads in 30 CFR 784.24 to ensure that mining permits adhere to the requirements of the Act with respect to surface coal mining operations in general and road placement in particular.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), all of which must include the information required by this section. We estimate that each applicant requires 20 hours to prepare this information, based on discussions with industry representatives. Therefore, the annual burden to permit applicants for compliance with this section totals 1,240 hours (62 applications x 20 hours per application).

Therefore, the total annual burden for all respondents is 1,515 hours (1,240 hours for permit applicants + 275 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Engineering Technician	10	30.21	302
Civil Engineer	8	55.38	443
Operations Manager	2	63.72	127
Total	20		872

Therefore, the estimated total annual wage cost for each industry respondent for §7840.24 is $872. The total wage cost to all industry respondents is $872 x 62 permits = $54,064.

In addition, it takes 4.5 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.). Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.24 of each permit application is $31 per hour x 4 hours = $140. The total wage cost to all state regulatory authorities is $140 x 61 permit applications = $8,540.

Therefore, we estimate that the burden to all respondents is $54,064 for industry + $8,540 for state regulatory authorities = $62,604.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $50, which translates to a total cost of $3,100 for all applicants (62 applications x $50 per application).

b. Operations, Maintenance, and Services:

None other than those associated with customary and usual business practices.

14. Estimated Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.24 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 36 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $1,692.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive one application for a new permit for lands and operations for which OSM is the regulatory authority, requiring 5 hours to review. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the information will be $235 (1 application x 5 hours per review x $47 per hour).

Total Federal Cost

$ 1,692 Oversight

+ $ 235 Federal Programs

$ 1,927 Total Federal Cost

15. There are currently 1,392 hours approved for this section. Adoption of the new final rule will not affect this burden because that rule does not revise this section. However, we are making an adjustment to the total number of respondents, which will increase the total burden to 1,515 hours. The burden will change as follows:

1,392 hours currently approved

+ 123 hours due to adjustments

1,515 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.25

A. Justification.

1. These regulations, which govern disposal of coal processing waste in abandoned underground mines, have no direct counterpart in SMCRA. However, they are a rational extrapolation of our responsibility to ensure that coal mining operations are conducted in a manner that protects the hydrologic balance, including groundwater systems. Those requirements appear in sections 507(b)(11) and 508(a)(13) and throughout sections 510, 515, and 516 of SMCRA.

2. The regulatory authority uses the information collected under this section to ensure that disposal of coal processing waste in underground mines does not cause material damage to the hydrologic balance or pose a stability problem.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us). Based on discussions with industry representatives, we estimate that 55% (34) of those permit applications include the information required by this section. We also estimate that each applicant requires 6 hours to prepare this information, based on the same discussions. Therefore, the annual burden to permit applicants for compliance with this section totals 204 hours (34 applications x 6 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 132 hours (33 permit applications received by state regulatory authorities x 4 hours per application).

Therefore, the total annual burden for all respondents is 336 hours (204 hours for permit applicants + 132 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Mining Engineer	5	46.82	234
Operations Manager	1	63.72	64
Total	6		298

Therefore, the estimated total annual wage cost for each industry respondent for §784.25 is $298. The total wage cost to all industry respondents is $298 x 34 permits = $10,132.

In addition, it takes 4 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.). Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.25 of each permit application is $31 per hour x 4 hours = $124. The total wage cost to all state regulatory authorities is $124 x 33 permit applications = $4,092.

Therefore, we estimate that the burden to all respondents is $10,132 for industry + $4,092 for state regulatory authorities = $14,224.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $100, which translates to a total cost of $3,400 for all applicants (34 applications x $100 per application).

b. Operation, Maintenance, and Services:

None other than those associated with customary and usual business practices.

14. Estimated Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.25 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 18 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $846.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive one application for a new permit for lands and operations for which OSM is the regulatory authority, requiring 4 hours to review. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the information will be $188 (1 application x 4 hours per review x $47 per hour).

Total Federal Cost

$ 846 Oversight

+ $ 188 Federal Programs

$ 1,034 Total Federal Cost

15. There are currently 346 hours approved for this section. Adoption of the new final rule will not affect this burden because that rule does not revise this section. However, we are reducing by one the number of respondents that we anticipate will submit applications containing this information. The burden will change as follows:

346 hours currently approved

- 10 hours due to an adjustment

336 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.28

A. Justification.

1. Section 516(d) of SMCRA provides that the permitting requirements of Title V of SMCRA are applicable to surface operations and surface impacts of underground mines, although the Secretary must modify those requirements by rulemaking in recognition of the distinct differences between surface and underground mining. On August 24, 2007, we proposed to add 30 CFR 784.28, which in part reflects this requirement. In the new final rule, we are adopting section 784.28 as proposed with some revisions in response to comments. Section 784.28 establishes permit application requirements for surface activities in or within 100 feet of a perennial or intermittent stream. It also specifies findings that the regulatory authority must make before approving those activities. However, the new rules are primarily intended to implement section 516(b)(10)(B), which requires that mining operations be conducted to prevent additional contributions of suspended solids to streamflow outside the permit area to the extent possible, and section 516(b)(11), which requires that mining operations minimize disturbances to and adverse impacts on fish, wildlife, and related environmental values to the extent possible. Both sections require use of the best technology currently available. Section 201(c) of SMCRA provides the authority for us to adopt regulations implementing those sections of SMCRA.

2. The regulatory authority will use the information provided under this section and the findings that it must make to ensure that mining operations are designed to implement the statutory requirements outlined in the response to item 1.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

New section 784.28 removes the requirement that the regulatory authority make certain findings before approving waivers from the prohibition on disturbances within 100 feet of an intermittent or perennial stream that previously appeared in 30 CFR 817.57(a). Instead, section 784.28 establishes permit application requirements that apply to all proposed disturbances in or within 100 feet of a perennial or intermittent stream. In general, the applicant would need to demonstrate that: (1) it is not reasonably possible to avoid disturbing the stream or its buffer zone; and (2) the activities would meet the statutory requirements for sediment control and protection of fish, wildlife, and related environmental values to the extent possible using the best technology currently available. Section 784.28 also requires that the regulatory authority make findings that the applicant has made the required demonstration in a satisfactory manner.

The burden previously imposed on permit applicants and regulatory authorities under 30 CFR 817.57 thus moves to the burden for section 784.28. Based on responses from the persons in item 8, we estimate that the new requirements in section 784.28 will impose a unit burden equal to that currently imposed under 30 CFR 817.57.

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us). Based on the information provided by the persons listed in item 8, we estimate that 70% (43) of those permits will include activities in or within 100 feet of perennial or intermittent streams and therefore must include the information required by this section. On the same basis, we anticipate that the information also will be needed for a number of permit revisions equal to 10% (6) of the total number of permits issued. We estimate that each applicant will need 10 hours to prepare the information required by 30 CFR 784.28. Therefore, the total annual burden to permit applicants for compliance with this section would be 490 hours (49 new permit and permit revision applications with activities in streams or buffer zones x 10 hours per application).

We estimate that the total annual burden for state regulatory authorities to review permit applications under 30 CFR 784.28 and make the required findings is 480 hours (48 permit and permit revision applications received by state regulatory authorities with activities in streams or buffer zones x 10 hours per application).

Therefore, the total annual burden for all respondents would be 970 hours (490 hours for permit applicants + 480 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Clerical	1	18.40	18
Environmental Technician	5	30.21	151
Environmental Engineer	3	46.82	140
Operations Manager	1	63.72	64
Total	10		373

Therefore, the estimated total annual wage cost for each industry respondent for §784.28 is $373. The total wage cost to all industry respondents is $373 x 49 permits = $18,277.

In addition, it takes 10 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for a state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.) Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.28 of each permit application is $31 per hour x 10 hours = $310. The total wage cost to all state regulatory authorities is $310 x 48 permit applications = $14,880.

Therefore, we estimate that the burden to all respondents is $18,277 for industry + $14,880 for state regulatory authorities = $33,157.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $100, which translates to a total cost of $4,900 for all applicants (49 applications x $100 per application).

b. Operation, Maintenance, and Services:

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.28 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 50 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $2,350.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive one application for a new permit for lands and operations for which OSM is the regulatory authority, requiring 10 hours to review. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the information will be $470 (1 application x 10 hours per review x $47 per hour).

Total Federal Cost

$ 2,350 Oversight

+ $ 470 Federal Programs

$ 2,820 Total Federal Cost

15. There are currently no hours approved for this section, but adoption of the final rule is a programmatic change that will transfer 970 burden hours from 30 CFR 817.57 to this section, as shown below:

0 hours currently approved

+ 970 hours because of a programmatic change (transfer from section 817.57)

970 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement for Reporting Requirements of

Section 784.29

A. Justification.

2. The regulatory authority uses the information provided under this section to ensure that mining operations are designed to protect the hydrologic balance and safely control surface runoff.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), all of which must include the information required by this section. We estimate that each applicant requires 16 hours to prepare this information, based on discussions with industry representatives. Therefore, the annual burden to permit applicants for compliance with this section totals 992 hours (62 applications x 16 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 305 hours (61 permit applications received by state regulatory authorities x 5 hours per application).

Therefore, the total annual burden for all respondents is 1,297 hours (992 hours for permit applicants + 305 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Clerical	1	18.40	18
Mining Engineer	13	46.82	609
Operations Manager	2	63.72	127
Total	16		754

Therefore, the estimated total annual wage cost for each industry respondent for §784.29 is $754. The total wage cost to all industry respondents is $754 x 62 permits = $46,748.

In addition, it takes 5 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.). Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.29 of each permit application is $31 per hour x 5 hours = $155. The total wage cost to all state regulatory authorities is $155 x 61 permit applications = $9,455.

Therefore, we estimate that the burden to all respondents is $46,748 for industry + $9,455 for state regulatory authorities = $56,203.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $50, which translates to a total cost of $3,100 for all applicants (62 applications x $50 per application).

b. Operation, Maintenance, and Services:

None other than those associated with customary and usual business practices.

14. Estimate of Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.29 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 24 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $1,128.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive one application for a new permit for lands and operations for which OSM is the regulatory authority, requiring 5 hours to review. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the information will be $235 (1 application x 5 hours per review x $47 per hour).

Total Federal Cost

$ 1,128 Oversight

+ $ 235 Federal Programs

$ 1,363 Total Federal Cost

15. There are currently 331 hours approved for this section. Adoption of the final rule will not affect this burden because that rule does not revise this section. However, we are making an adjustment to correct the previous calculation and increase the number of respondents from 16 to 62, which will increase the burden by 966 hours. The burden will change as follows:

331 hours currently approved

+ 966 hours due to an adjustment

1,297 hours requested

16. See list of items with identical responses.

See list of items with identical responses.

18. See list of items with identical responses.

Supporting Statement of Reporting Requirements of

Section 784.30

A. Justification.

2. The regulatory authority uses the information provided under this section to ensure that support facilities are designed to ensure compliance with performance standards.

3. See list of items with identical responses.

4. See list of items with identical responses.

5. See list of items with identical responses.

6. See list of items with identical responses.

7. See list of items with identical responses.

8. See list of items with identical responses.

9. See list of items with identical responses.

10. See list of items with identical responses.

11. See list of items with identical responses.

12. Reporting and Reviewing Burden

a. Burden Hour Estimates for Respondents

According to our FY 2006 annual oversight evaluation reports, we and the states issued 62 new permits for underground mines during that year (61 by the states and one by us), all of which must include the information required by this section. We estimate that each applicant requires 8 hours to prepare this information, based on discussions with industry representatives. Therefore, the annual burden to permit applicants for compliance with this section totals 496 hours (62 applications x 8 hours per application).

The total annual burden for state regulatory authorities to review this portion of the permit application is approximately 122 hours (61 permit applications received by state regulatory authorities x 2 hours per application).

Therefore, the total annual burden for all respondents is 618 hours (496 hours for permit applicants + 122 hours for state regulatory authority review).

b. Estimated Annual Wage Cost to Respondents

Industry Wage Cost

Position	Hour Burden per Response	Cost Per Hour ($)	Total Wage Burden ($)
Engineering Technician	2	30.21	60
Mining Engineer	5	46.82	234
Operations Manager	1	63.72	64
Total	8		358

Therefore, the estimated total annual wage cost for each industry respondent for §784.30 is $358. The total wage cost to all industry respondents is $358 x 62 permits = $22,196.

In addition, it takes 2 hours for each state regulatory authority to review this section of the permit application.

Using U.S. Department of Labor’s Bureau of Labor statistics figures for state employee engineering technician at http://www.bls.gov/oes/current/naics4_999200.htm#b17-0000, we estimate that the wage cost is $20.52 per hour, or $31 per hour (rounded) when including benefits calculated at 1.5 of hourly wages. (OSM derived the 1.5 multiplier from the ratio between wages and benefits for state and local government workers in the U.S. Bureau of Labor Statistics for EMPLOYER COSTS FOR EMPLOYEE COMPENSATION—SEPTEMBER 2007 at http://www.bls.gov/news.release/archives/ecec_12112007.pdf.). Therefore, the estimated total annual wage cost for state regulatory authorities to review §784.30 of each permit application is $31 per hour x 2 hours = $62. The total wage cost to all state regulatory authorities is $62 x 61 permit applications = $3,782.

Therefore, we estimate that the total wage cost to all respondents is $22,196 for industry + $3,782 for state regulatory authorities = $25,978.

13. Total Annual Non-Wage Cost Burden to Respondents.

a. Capital and Start-Up Costs:

We estimate that non-labor costs for each application average $100, which translates to a total cost of $6,200 for all applicants (62 applications x $100 per application).

b. Operation, Maintenance, and Services:

None other than those associated with customary and usual business practices.

14. Estimated Costs to the Federal Government:

Oversight: In keeping with the current guidance concerning oversight of state program implementation, which de-emphasizes process reviews, OSM does not anticipate conducting any significant oversight review of state compliance with the requirements of 30 CFR § 784.30 in the absence of any indication of programmatic problems. OSM assumes that we will conduct an oversight review of this topic in one state program per year and that each review requires an average of 12 hours at $47 per hour (GS 12/5 regulatory program specialist/engineer reviewing the application, including 1.5 multiplier for benefits; http://www.opm.gov/oca/08tables/html/gs_h.asp). The annual cost to the Federal government for this oversight activity is estimated to be $564.

Federal Programs: Based upon data collected in 2006, OSM estimates that it will annually receive one application for a new permit for lands and operations for which OSM is the regulatory authority, requiring 2 hours to review. At an average salary of $47 per hour, the annual wage cost to the Federal government to review the information will be $94 (1 application x 2 hours per review x $47 per hour).

Total Federal Cost

$ 564 Oversight

+ $ 94 Federal Programs

$ 658 Total Federal Cost

15. There are currently 628 hours approved for this section. Adoption of the final rule will not affect this burden because that rule does not revise this section. However, we are reducing by one the number of applications received and making a corresponding reduction in the number reviewed by state regulatory authorities. The burden will change as follows:

628 hours currently approved

- 10 hours due to an adjustment

618 hours requested

16. See list of items with identical responses.

17. See list of items with identical responses.

18. See list of items with identical responses.

File Type	application/msword
File Title	SUPPORTING STATEMENT FOR REPORTING
Author	OSM
Last Modified By	jtrelease
File Modified	2008-11-03
File Created	2008-11-03