Refuse Piles and Impoundment Structures—Recordkeeping and Reporting Requirements

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
MSHA-2017-0018-0001.pdf	Supplementary Document	Uploaded 2017-08-18	Available
1219-0015 Supporting Statement 1-2018.doc	Supporting Statement A	Uploaded 2018-01-03	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
14366	Refuse Piles and Impounding Structures--Recordkeeping and Reporting Requirements		Modified

ICR Details

OMB Control No: 1219-0015	ICR Reference No: 201708-1219-001
Status: Active	Previous ICR Reference No: 201403-1219-006
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 with change	Conclusion Date: 02/21/2018
	Date Received in OIRA: 10/23/2017
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2021	36 Months From Approved	02/28/2018
Responses	31,414	0	31,365
Time Burden (Hours)	76,863	0	76,572
Cost Burden (Dollars)	2,034,585	0	3,456,928

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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): US Code: 30 USC 813(h) Name of Law: Federal Mine Safety & Health of 1977
   US Code: 30 USC 811 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:
	82 FR 27730	06/16/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 49043	10/23/2017
Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

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

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ICR Summary of Burden

table that charts list 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	31,414	31,365	0	0	49	0
Annual Time Burden (Hours)	76,863	76,572	0	0	291	0
Annual Cost Burden (Dollars)	2,034,585	3,456,928	0	0	-1,422,343	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 increase in the number of respondents from 629 to 632. The number of active impoundments increased 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. The number of responses overall increased by 49 (from 31,365 to 31,414), and consequently, burden hours increased by 222 (from 76,572 to 76,794). These increases in responses and burden hours are due to the slight increase in the number of active impoundments and the associated increase in the number of inspections for these impoundments. This burden estimate also continues to recognize that contract engineering firms perform 95 percent of the engineering work associated with impoundments and refuse piles. MSHA assesses a decrease of $1,422,343 (from $3,456,928 to $2,034,585) in burden cost due to the decrease in impoundment plans.

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Annual Cost to Federal Government: $482,618

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 10/23/2017

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