Refuse Piles and Impoundment Structures--Recordkeeping and Reporting Requirements

Forms and Documents

Document Name	Status
1219-0015 60-Day PUBLISHED FRN v79 p19389 4-8-14.pdf Supplementary Document	2014-06-10
1219-0015 Supporting Statement 2014 final.doc Supporting Statement A	2014-07-24

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: 201403-1219-006
Status: Historical Active	Previous ICR Reference No: 201104-1219-001
Agency/Subagency: DOL/MSHA	Agency Tracking No:
Title: Refuse Piles and Impoundment 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: 10/24/2014
	Date Received in OIRA: 08/15/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2017	36 Months From Approved	10/31/2014
Responses	31,365	0	10,422
Time Burden (Hours)	76,572	0	30,579
Cost Burden (Dollars)	3,456,928	0	7,782,720

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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:
	79 FR 19389	04/08/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 48253	08/15/2014
Did the Agency receive public comments on this ICR? No

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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	31,365	10,422	0	0	20,943	0
Annual Time Burden (Hours)	76,572	30,579	0	0	45,993	0
Annual Cost Burden (Dollars)	3,456,928	7,782,720	0	0	-4,325,792	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 decrease in the number of respondents from 642 to 629. The number of active impoundments declined 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. There was a decrease in the number of impoundment plans. In addition, there was an increase in the number of inspections. The previous submission estimated that more operators would take advantage of a reduced inspection schedule of less than every seven days. Less than 10% of the total population of impoundments, however, have requested an inspection schedule less often than every 7 days, therefore 52 inspections per year is used to reflect the actual number of plans that have been submitted requesting a reduced inspection. The number of responses overall increased by 20,943 (from 10,422 to 31,365), and consequently, burden hours increased by 45,993 (from 30,579 to 76,572). These increases in the burden hours are due an adjustment increase in the number of inspections from 17 to 52 per year, impoundment plan revision responses, abandonment plans, and recordkeeping associated with weekly inspections and instrumentation monitoring. This burden estimate also continues to recognize that 95 percent of the engineering work associated with impoundments and refuse pile is done by contract engineering firms. MSHA assesses a decrease of $4,325,792 (from $7,782,720 to $3,456,928) in burden cost.

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Annual Cost to Federal Government: $3,456,928

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: 08/15/2014

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