Notice2026-19266
Proposed Extension of Information Collection: Refuse Piles and Impoundment Structures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 21, 2026
Issuing agencies
Labor DepartmentMine Safety and Health Administration
Abstract
The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre- clearance consultation program for all information collections, to provide the public and Federal agencies with an opportunity to comment on proposed collections of information, in accordance with the Paperwork Reduction Act of 1995. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. The Mine Safety and Health Administration (MSHA) is soliciting comments on the information collection titled "Refuse Piles and Impoundment Structures."
Full Text
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<title>Federal Register, Volume 91 Issue 181 (Monday, September 21, 2026)</title>
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[Federal Register Volume 91, Number 181 (Monday, September 21, 2026)]
[Notices]
[Pages 59801-59804]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19266]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
[OMB Control No. 1219-0015]
Proposed Extension of Information Collection: Refuse Piles and
Impoundment Structures
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Request for public comments.
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SUMMARY: The Department of Labor (DOL), as part of its continuing
effort to reduce paperwork and respondent burden, conducts a pre-
clearance consultation program for all information collections, to
provide the public and Federal agencies with an opportunity to comment
on proposed collections of information, in accordance with the
Paperwork Reduction Act of 1995. This program helps to ensure that
requested data can be provided in the desired format, reporting burden
(time and financial resources) is minimized, collection instruments are
clearly understood, and the impact of collection requirements on
respondents can be properly assessed. The Mine Safety and Health
Administration (MSHA) is soliciting comments on the information
collection titled ``Refuse Piles and Impoundment Structures.''
DATES: All comments must be received on or before November 20, 2026.
ADDRESSES: Comments concerning the information collection requirements
of this notice may be sent by any of the methods listed below. Please
note that comments received after the deadline will not be considered.
<bullet> Federal E-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments for docket number MSHA-
2026-0563.
<bullet> Mail/Hand Delivery: 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.
<bullet> MSHA will post all comments as well as any attachments,
except for information submitted and marked as confidential, in the
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Corliss A. Josephs-Conway, Acting
Director, Office of Standards, Regulations, and Variances, MSHA, at
<a href="/cdn-cgi/l/email-protection#763b253e37581f181019041b17021f19185815191a1a1315021f1918053612191a58111900"><span class="__cf_email__" data-cfemail="0d405e454c2364636b627f606c79646263236e626161686e796462637e4d696261236a627b">[email protected]</span></a> (email); (202) 693-9440 (voice);
or (202) 693-9441 (facsimile). These are not toll-free numbers.
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
[[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.
[[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:
<bullet> 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;
<bullet> 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;
<bullet> Suggest methods to enhance the quality, utility, and
clarity of the information to be collected; and
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. MSHA cautions
commenters against providing any information in the submission that
should not be publicly disclosed. Full
[[Page 59804]]
comments, including personal information provided, will be made
available on <a href="https://www.regulations.gov">https://www.regulations.gov</a> and <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
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 <a href="https://www.reginfo.gov">https://www.reginfo.gov</a>.
Corliss A. Josephs-Conway,
Certifying Officer, Mine Safety and Health Administration.
[FR Doc. 2026-19266 Filed 9-18-26; 8:45 am]
BILLING CODE 4510-43-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.