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.
table that charts list comparision
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. EPAâs Federal Register notice (the Priority Notice) defined hardrock mining facilities as âthose 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).â 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 ruleâs 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
Reginfo record details
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