30 CFR Part 829: Special Permanent Program Performance Standards - Abandoned Coal Refuse Remining Operations

Forms and Documents

Document Name	Status
Section 516.doc Supplementary Document	2006-12-07
Section 515.doc Supplementary Document	2006-12-07
829RefuseRule.doc Supporting Statement A	2006-12-07

IC Document Collections

IC ID	Document Title	Status
44521	829.81 - Redeposition and handling of coal mine waster, and coal refuse piles - Industry	New
44519	829.49 - Impoundments - Industry	New
44518	829.41 - Hydrologic-balance protection - Industry	New
44517	829.3 - General requirements - SRAs	New
44516	829.3 - General requirements - Industry	New

ICR Details

OMB Control No: 1029-0126	ICR Reference No: 200608-1029-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOI/OSMRE	Agency Tracking No: Remining/829
Title: 30 CFR Part 829: Special Permanent Program Performance Standards - Abandoned Coal Refuse Remining Operations
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Preapproved	Conclusion Date: 02/27/2007
	Date Received in OIRA: 01/17/2007
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2010	36 Months From Approved
Responses	504	0	0
Time Burden (Hours)	4,372	0	0
Cost Burden (Dollars)	4,400	0	0

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Abstract: 30 CFR Part 829 sets forth the minimum environemental protection performance standards to which coal refuse remining operators must adhere. These regulations implement primarily § 515 (environmental protection performance standards) and § 517 (inspections and monitoring) of the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act), as amended by the Energy Policy Act of 1992.

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Authorizing Statute(s): US Code: 30 USC 1201 Name of Law: Surface Mining Control and Reclamation Act of 1977
  

Citations for New Statutory Requirements: PL: Pub.L. 102 - 486 2503 Name of Law: Energy Policy Act of 1992

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1029-AB70	Proposed rulemaking	72 FR 2136	01/17/2007

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
829.3 - General requirements - Industry
829.3 - General requirements - SRAs
829.41 - Hydrologic-balance protection - Industry
829.49 - Impoundments - Industry
829.81 - Redeposition and handling of coal mine waster, and coal refuse piles - Industry

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	504	0	504	0	0	0
Annual Time Burden (Hours)	4,372	0	4,372	0	0	0
Annual Cost Burden (Dollars)	4,400	0	4,400	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: OSM is proposing to amend our regulations to comply with the Energy Policy Act of 1992 (EPAct). The EPAct requires OSM to develop regulations establishing environmental performance and reclamation standards for abandoned coal refuse remining operations. These standards must distinguish between refuse removal operations and on-site refuse reprocessing operations and must be premised on the distinct differences between removal operations, on-site reprocessing operations, and other types of surface coal mining operations. OSM is devising different performance standards than any of those set forth in sections 515 and 516 of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. § 1201 et seq. (SMCRA), and separate permit systems to facilitate refuse removal and on-site refuse reprocessing operations in a manner that would provide the same level of environmental protection as under sections 515 and 516. We are proposing changes to our rules that respond to the EPAct's requirements. Although we are creating new permitting requirements, OSM anticipates a greater reduction in the standard permitting requirements.

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Annual Cost to Federal Government: $10,920

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 01/17/2007

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