Refuse Piles and Impounding Structures, Recordkeeping and Reporting Requirements

Forms and Documents

Document Name	Status
2011-3593 76 FR 9376.pdf Supplementary Document	2011-04-08
1219-0015_Supporting_Statement_Public_Comment(20110516).doc Supporting Statement A	2011-05-17

IC Document Collections

IC ID	Document Title	Status
14366	Refuse Piles and Impounding Structures, Recordkeeping and Reporting Requirements	Modified

ICR Details

OMB Control No: 1219-0015	ICR Reference No: 201104-1219-001
Status: Historical Active	Previous ICR Reference No: 200803-1219-001
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Refuse Piles and Impounding Structures, Recordkeeping and Reporting Requirements
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/11/2011
	Date Received in OIRA: 05/23/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2014	36 Months From Approved	08/31/2011
Responses	10,422	0	11,054
Time Burden (Hours)	30,579	0	32,081
Cost Burden (Dollars)	7,782,720	0	6,816,460

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Abstract: Requires coal mine operators to submit to MSHA annual reports and certification on refuse piles and impoundments and to keep records of the results of weekly examinations and instrumentation monitoring. Impoundments are structures that can impound water, sediment, or slurry or any combination of materials; and refuse piles are deposits of coal mine waste (other than overburden or spoil) that are removed during mining operations or separated from mined coal and deposited on the surface. The failure of these structures can have a devastating affect on a community. To avoid or minimize such disasters, standards have been promulgated for the design, construction, and maintenance of these structures; for annual certifications; for certification for hazardous refuse piles; for the frequency of inspections; and the methods of abandonment for impoundments and impounding structures.

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Authorizing Statute(s): PL: Pub.L. 91 - 173 101(a) and 508 Name of Law: Federal Mine Safety & Health of 1977
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 9376	02/17/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 29796	05/23/2011
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Refuse Piles and Impounding Structures, Recordkeeping and Reporting Requirements

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ICR Summary of Burden

	Total Approved	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	10,422	11,054	0	0	-632	0
Annual Time Burden (Hours)	30,579	32,081	0	0	-1,502	0
Annual Cost Burden (Dollars)	7,782,720	6,816,460	0	0	966,260	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: MSHA records show a slight decrease in the number of new plans submitted for approval and a decrease in the number of revisions to impoundment plans. The number of active impoundments declined by 50 (from 692 to 642) impoundments primarily due to an industry effort to keeping existing facilities in operation longer by increasing the elevation and capacity for refuse disposal at impoundments rather than developing new sites because of the relative scarcity of suitable locations. Another aspect contributing to the declining number of active impoundments is the improvements in MSHA computer based inventory. The MSHA Impoundments and Refuse Pile Inventory (IRPI) has identified and eliminated duplicate reporting. The inventory numbers are now much more reliable with the districts providing data in a consistent format. The number of responses also decreased by 632 (from 11,054 to 10,422). Consequently, burden hours decreased by 1,502 (from 32,081 to 30,579) due to a slight reduction in the number of new impoundment plans or major revisions to existing impoundments. This burden estimate also continues to recognizing that 95 percent of the engineering work associated with impoundments and refuse pile is done by contract engineering firms. Consequently, this resulted in MSHA assessing an increase of $966,260 (from $6,816,460 to $7,782,720) burden cost.

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Annual Cost to Federal Government: $611,935

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

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: 05/23/2011

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