SUPPLEMENTARY INFORMATION:

I. Background

A. Legal Authority

Section 103(h) of the Federal Mine Safety and Health Act of 1977 (Mine Act), as amended, 30 U.S.C. 813(h), authorizes MSHA to collect information necessary to carry out its duty in protecting the safety and health of miners. Further, section 101(a) of the Mine Act, 30 U.S.C. 811(a), authorizes the Secretary of Labor to develop, promulgate, and revise as may be appropriate, improved mandatory health or safety standards for the protection of life and prevention of injuries in coal and metal and nonmetal mines.

The Paperwork Reduction Act of 1995 (PRA, 44 U.S.C. 3501 et seq.) governs paperwork burdens imposed on the public by Federal agencies when using identical questions to collect information from 10 or more persons. The PRA defines paperwork burden in 44 U.S.C. 3502(2) as the time, effort, or financial resources expended to generate, maintain, or provide information to or for a Federal agency. Under 44 U.S.C. 3507, the PRA also establishes policies and procedures for information collection to control paperwork burdens imposed by Federal agencies on the public, including evaluating public comments.

To fulfill its statutory mandate to promote miners' health and safety, MSHA requires information collected under the OMB request titled “Refuse Piles and Impoundment Structures.” This information collection is intended to ensure that refuse piles and impoundments provide adequate safety protection by preventing or eliminating hazardous conditions for coal miners.

B. Information Collection

To fulfill its statutory mandate to promote miners' health and safety, MSHA requires information under the information collection request (ICR) titled “Refuse Piles and Impoundment Structures.” This information collection is intended to ensure that refuse piles and impoundments provide adequate safety protection by preventing or eliminating hazardous conditions to coal miners.

Burden costs associated with the ICR include:

1. Developing Fire Extinguishing Plans for Refuse Piles and Impoundments

2. Posting Permanent Identification Markers for Refuse Piles and Impoundments

3. Developing New Plans for Refuse Piles and New and Modified Plans for Impoundments ( printed page 59802)

4. Developing Annual Status Reports and Certifications for Refuse Piles and Impoundments

5. Developing Abandonment Plans for Refuse Piles and Impoundments

6. Recording Weekly Inspections and Instrumentation Monitoring of Impoundments

The associated standards that authorize the collection of information are described below.

Under 30 CFR 77.217(c), impoundments are defined as structures that can impound water, sediment, or slurry or any combination of materials. Under 30 CFR 77.217(e), refuse piles are defined as deposits of coal mine which may contain a mixture of coal, shale, claystone, siltstone, sandstone, limestone, and related materials that are excavated during mining operations or separated from mined coal and deposited on the surface as waste byproducts of either coal mining or preparation operations. Refuse pile does not mean temporary spoil piles of removed overburden material associated with surface mining operations. Under 30 CFR 77.217(a), “abandoned” as applied to any refuse pile or impoundment and impounding structure means that work on refuse pile or impounding structure having been completed in accordance with a plan for abandonment as approved by the District Manager.

1. Developing Fire Extinguishing Plans for Refuse Piles and Impoundments (30 CFR 77.215(j) and 77.216(e))

Refuse Piles

Under 30 CFR 77.215(j), all fires in refuse piles shall be extinguished, and the method used shall be in accordance with a plan approved by the District Manager. The plan shall contain as a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedure to be used, shall be involved in the extinguishing operation.

Impoundments

Under 30 CFR 77.216(e), all fires in impounding structures shall be extinguished, and the method used shall be in accordance with a plan approved by the District Manager. The plan shall contain as a minimum, provisions to ensure that only those persons authorized by the operator, and who have an understanding of the procedures to be used, shall be involved in the extinguishing operation.

2. Posting Permanent Identification Markers for Refuse Piles and Impoundments (30 CFR 77.215-1 and 77.216-1)

Refuse Piles

Under 30 CFR 77.215-1, a permanent identification marker, at least six feet high and showing the refuse pile identification number as assigned by the District Manager, the name associated with the refuse pile and the name of the person owning, operating or controlling the refuse pile, shall be located on or immediately adjacent to each refuse pile within 30 days from acknowledgment of the proposed location of a new refuse pile.

Impoundments

Under 30 CFR 77.216-1, a permanent identification marker, at least six feet high and showing the identification number of the impounding structure as assigned by the District Manager, the name associated with the impounding structure and name of the person owning, operating, or controlling the structure, shall be located on or immediately adjacent to each water, sediment or slurry impounding structure within 30 days from the start of construction.

3. Developing New Plans for Refuse Piles and New and Modified Plans for Impoundments (30 CFR 77.215-2, 77.216, and 77.216-2)

Refuse Piles

Under 30 CFR 77.215-2(a) the proposed location of a new refuse pile shall be reported to and acknowledged in writing by the District Manager prior to the beginning of any work associated with the construction of the refuse pile.

Under 30 CFR 77.215-2(b), within 180 days from the date of acknowledgment of the proposed location of a new refuse pile, the person owning, operating or controlling a refuse pile shall submit to the District Manager a report in triplicate which contains the information listed in paragraphs 77.215-2(b)(1) through (b)(8).

Impoundments

Under 30 CFR 77.216(a) plans for the design, construction, and maintenance of structures which impound water, sediment, or slurry shall be required if such an existing or proposed impounding structure can:

(1) Impound water, sediment, or slurry to an elevation of five feet or more above the upstream toe of the structure and can have a storage volume of 20 acre-feet or more; or

(2) Impound water, sediment, or slurry to an elevation of 20 feet or more above the upstream toe of the structure; or

(3) As determined by the District Manager, present a hazard to coal miners.

Under 30 CFR 77.216(b) plans for the design and construction of all new water, sediment, or slurry impoundments and impounding structures which meet the requirements of paragraph (a) of this section shall be submitted in triplicate to and be approved by the District Manager prior to the beginning of any work associated with construction of the impounding structure.

Under 30 CFR 77.216-2 the plans required under 77.216 shall contain as a minimum the information listed in paragraphs 77.216-2(a)(1) through (a)(18).

Under 30 CFR 77.216-2(b) any changes or modifications to plans for water, sediment, or slurry impoundments or impounding structures shall be approved by the District Manager prior to the initiation of such changes or modifications.

4. Developing Annual Status Reports and Certifications for Refuse Piles and Impoundments (30 CFR 77.215-2, 75.215-3, and 77.216-4)

Refuse Piles

Under 30 CFR 77.215-2(c), the information required by paragraphs 77.215-2(b)(4) through (b)(8) shall be reported every twelfth month from the date of original submission for those refuse piles which the District Manager has determined can present a hazard until the District Manager notifies the operator that the hazard has been eliminated.

Under 30 CFR 77.215-3(a), within 180 days following written notification by the District Manager that a refuse pile can present a hazard, the person owning, operating, or controlling the refuse pile shall submit to the District Manager a certification by a registered engineer that the refuse pile is being constructed or has been modified in accordance with current, prudent engineering practices to minimize the probability of impounding water and failure of such magnitude as to endanger the lives of miners.

Under 30 CFR 77.215-3(b), after the initial certification required by this section and until the District Manager notifies the operator that the hazard has been eliminated, certification shall be submitted every twelfth month from the date of the initial certification. ( printed page 59803)

Impoundments

Under 30 CFR 77.216-4(a), every twelfth month following the date of the initial plan approval, the person owning, operating, or controlling a water, sediment, or slurry impoundment and impounding structure that has not been abandoned in accordance with an approved plan shall submit to the District Manager a report containing information listed in paragraphs 77.216-4(a)(1) through (a)(7).

Under 30 CFR 77.216-4(b), a report is not required when the operator provides the District Manager with a certification by a registered professional engineer that there have been no changes under paragraphs 77.216-4(a)(1) through (a)(6) to the impoundment or impounding structure. However, a report containing the information set out in paragraph 77.216-4(a) shall be submitted to the District Manager at least every 5 years.

5. Developing Abandonment Plans for Refuse Piles and Impoundments (30 CFR 77.215-4 and 77.216-5)

Refuse Piles

Under 30 CFR 77.215-4, when a refuse pile is to be abandoned, the District Manager shall be notified in writing, and if he determines it can present a hazard, the refuse pile shall be abandoned in accordance with a plan submitted by the operator and approved by the District Manager. The plan shall include a schedule for its implementation and describe provisions to prevent burning and future impoundment of water, and provide for major slope stability.

Impoundments

Under 30 CFR 77.216-5(a), prior to abandonment of any water, sediment, or slurry impoundment and impounding structure which meets the requirements of paragraph 77.216(a), the person owning, operating, or controlling such an impoundment and impounding structure shall submit to and obtain approval from the District Manager, a plan for abandonment based on current, prudent engineering practices. This plan shall provide for major slope stability, include a schedule for the plan's implementation and, except as provided in paragraph (b) of this section, contain provisions to preclude the probability of future impoundment of water, sediment, or slurry.

Under 30 CFR 77.216-5(b), an abandonment plan does not have to contain a provision to preclude the future impoundment of water if the plan is approved by the District Manager and documentation is included in the abandonment plan to ensure that the following requirements are met:

(1) A registered professional engineer, knowledgeable in the principles of dam design and in the design and construction of the structure, shall certify that it substantially conforms to the approved design plan and specifications and that there are no apparent defects.

(2) The current owner or prospective owner shall certify a willingness and ability to assume responsibility for operation and maintenance of the structure.

(3) A permit or approval for the continued existence of the impoundment or impounding structure shall be obtained from the Federal or State agency responsible for dam safety.

6. Recording Weekly Inspections and Instrumentation Monitoring of Impoundments (30 CFR 77.216-3)

Under 30 CFR 77.216-3(a), all water, sediment, or slurry impoundments that meet the requirements of 77.216(a) shall be examined as follows:

(1) At intervals not exceeding 7 days, or as otherwise approved by the District Manager, for appearances of structural weakness and other hazardous conditions.

(2) All instruments shall be monitored at intervals not exceeding 7 days, or as otherwise approved by the District Manager.

(3) Longer inspection or monitoring intervals approved under this paragraph shall be justified by the operator based on the hazard potential and performance of the impounding structure, and shall include a requirement for inspection immediately after a specified rain event approved by the District Manager.

(4) All inspections required by this paragraph shall be performed by a qualified person designated by the person owning, operating, or controlling the impounding structure.

Under 30 CFR 77.216-3(b), when a potentially hazardous condition develops, the person owning, operating or controlling the impounding structure shall immediately:

(1) Take action to eliminate the potentially hazardous condition;

(2) Notify the District Manager;

(3) Notify and prepare to evacuate, if necessary, all coal miners from coal mine property which may be affected by the potentially hazardous conditions; and

(4) Direct a qualified person to monitor all instruments and examine the structure at least once every eight hours, or more often as required by an authorized representative of the Secretary.

Under 30 CFR 77.216-3(c), after each examination and instrumentation monitoring referred to in this section, each qualified person who conducted all or any part of the examination or instrumentation monitoring shall promptly record the results of such examination or instrumentation monitoring in a book which shall be available at the mine for inspection by an authorized representative of the Secretary, and such qualified person shall also promptly report the results of the examination or monitoring to one of the persons specified in 30 CFR 77.216-3(d).

Under 30 CFR 77.216-3(d), all examination and instrumentation monitoring reports recorded in accordance with 77.216-3(c) shall include a report of the action taken to abate hazardous conditions and shall be promptly signed or countersigned by at least one of the following persons:

(1) The mine foreman;

(2) The assistant superintendent of the mine;

(3) The superintendent of the mine;

(4) The person designated by the operator as responsible for health and safety at the mine.

II. Desired Focus of Comments

MSHA is soliciting comments concerning the proposed information collection titled “Refuse Piles and Impoundment Structures.” MSHA is particularly interested in comments that:

• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
• Evaluate the accuracy of MSHA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
• Suggest methods to enhance the quality, utility, and clarity of the information to be collected; and
• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,e.g., permitting electronic submission of responses.

The ICR is available on www.regulations.gov. MSHA cautions commenters against providing any information in the submission that should not be publicly disclosed. Full ( printed page 59804) comments, including personal information provided, will be made available on www.regulations.gov and www.reginfo.gov.

The public may also examine publicly available documents at DOL-MSHA, Office of Standards, Regulations and Variances, 200 Constitution Avenue NW, Washington, DC 20210. Before visiting MSHA in person, call 202-693-9440 to make an appointment.

Questions about the information collection requirements may be directed to the person listed in the FOR FURTHER INFORMATION CONTACT section of this notice.

III. Current Actions

This ICR concerns provisions for Refuse Piles and Impoundment Structures. MSHA has updated the data with respect to the number of respondents, responses, time burden, and burden costs supporting this ICR from the previous ICR.

Type of Review: Extension, without change, of a currently approved collection.

Agency: Mine Safety and Health Administration.

OMB Control Number: 1219-0015.

Affected Public: Business or other for-profit entity.

Number of Annual Respondents: 939.

Frequency: On occasion.

Number of Annual Responses: 27,006.

Annual Time Burden: 66,699 hours.

Annual Recordkeeping Costs: $1,198,501.

Comments submitted in response to this notice will be summarized and included in the request for Office of Management and Budget approval of the proposed ICR; they will become a matter of public record and be available at www.reginfo.gov.

91 FR 59801