OMB files this
comment in accordance with 5 CFR 1320.11( c ). This OMB action is
not an approval to conduct or sponsor an information collection
under the Paperwork Reduction Act of 1995. This action has no
effect on any current approvals. If OMB has assigned this ICR a new
OMB Control Number, the OMB Control Number will not appear in the
active inventory. For future submissions of this information
collection, reference the OMB Control Number provided. OMB files
this comment in accordance with 5 CFR 1320.11(c). OMB is
withholding approval at this time. Prior to publication of the
final rule, the agency should provide a summary of any comments
related to the information collection and their response, including
any changes made to the ICR as a result of comments. In addition,
the agency must enter the correct burden estimates.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
0
0
0
0
0
0
0
0
0
EPA is publishing the proposed rule
that would create a financial assurance regime for CERCLA
liabilities in the hardrock mining industry. The proposed rule
endeavors to increase the likelihood that owners and operators will
retain funds necessary to address the CERCLA liabilities at their
facilities, thus preventing the burden from shifting to the
taxpayer. In addition, the rule would provide an incentive for
implementation of sound practices at hardrock mining facilities
that would decrease the need for future CERCLA actions. The
proposed rule establishes financial responsibility requirements for
certain facilities within the hardrock mining industry. EPA’s
Federal Register notice (the Priority Notice) defined hardrock
mining facilities as “those which extract, beneficiate or process
metals (e.g., copper, gold, iron, lead, magnesium, molybdenum,
silver, uranium, and zinc) and non-metallic, non-fuel minerals
(e.g., asbestos, gypsum, phosphate rock, and sulfur).” With respect
to the proposed rule, these facilities include: (1) mining
facilities that fall within the classes described in the Priority
Notice and (2) mineral processing facilities identified in the
Priority Notice that receive ore from mining facilities subject to
the rule. Owners and operators of facilities subject to this rule
are required to demonstrate financial responsibility to cover costs
associated with liabilities identified in CERCLA section 107 (e.g.
response component, health assessment component, and natural
resource damages). The proposed rule requires that owners and
operators subject to the rule: Notify EPA that they are subject to
the rule and intend to comply; Provide basic facility information,
within 30 days of the rule’s effective date; Identify a CERCLA
section 108(b) financial responsibility level for their facility;
and Submit evidence of financial responsibility to EPA. The rule
proposes a formula that owners and operators must use to determine
a financial responsibility amount sufficient to cover response
component, health assessment component, and natural resource
damages. The proposed rule would allow for the use of third-party
financial responsibility instruments identified in CERCLA section
108(b)(2), namely: insurance, guarantee, surety bond, and letter of
credit. Alternatively, under one proposed option, facilities may
pass a financial test to demonstrate financial responsibility
without acquiring a third-party instrument. The proposed rule
allows owners and operators to demonstrate the financial
responsibility level required at a facility using one or a
combination of these instruments. In addition, the proposed rule
allows the owner or operator to demonstrate financial
responsibility for multiple facilities using a single instrument.
This ICR is a description of the information collection
requirements for all hardrock mining and mineral processing
facilities.
As described in this ICR, EPA
expects that the final rule will result in an increase in burden to
affected entities. The expected increase in burden during for
hardrock mining and mineral processing facilities during the three
years this ICR considers is a total of 88 hours per facility under
the provisions of the final rule. This increase in burden reflects
specific paperwork requirements established by the final rule. EPA
has determined that these paperwork requirements are necessary to
improve regulatory efficiency and provide further protection of
human health and the environment.
$424,427
No
No
No
No
No
Uncollected
Wendy Hoffman 202
564-8794
No
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:
(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;
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.
2554ss01.docx
CERCLA 108(b) Hardrock Mining Financial Assurance Rule