Current Regulatory Framework - Coal Waste Impoundments: Risks, Responses, and Alternatives - page 23

seven days by an MSHA-certified, “qualified person.” The MSHA policy
manual states that this person “must be…trained according to an approved 30
C.F.R. § 77.216 training plan that has a program of instruction on impoundment
inspection, …pass an evaluation, [and may be required to demonstrate
successful training by] oral, written, or practical demonstration.”
The MSHA regulations for monitoring the stability of an embankment are
comprehensive. If the MSHA regulations for monitoring are met, then
regulations administered by the state are usually met as well, except that MSHA
does not require monitoring of discharge points for water quality. The MSHA
requirements for monitoring are specific, namely:
• The impoundment must be larger than a minimum size.
• A qualified person must make the examination.
• The examination must be made at intervals not to exceed seven days.
• Observations are required for the appearance of structural weakness and
other hazardous conditions.
• All instruments shall be monitored during this examination.
• The results of the examination are recorded and reviewed by one of the
officials in charge of the mine.
The MSHA regulations require impoundment operators to develop specific
plans and procedures for dealing with hazardous or emergency situations, which
includes notifying the district manager. If a hazardous condition is detected, the
monitoring interval is reduced to at least once each eight hours until the hazard
abates.
Monitoring requirements are designed to ascertain the stability of the
embankment. Examiners look for cracks, seeps, or slumping material on the
slopes. The instrumentation usually measures the extent of water seepage within
the embankment (higher levels can be destabilizing), and sometimes
instruments are installed to detect movement within the body of the
embankment. Another requirement during the examination is that the
maintenance and conditions of the principal and emergency spillways be
checked. In most instances, the required examination can be completed at or
near the embankment.
The regulations do not cover several aspects of monitoring impoundment
construction and operation. Even though the depth, thickness, and structure of
the layers of rock and soil between the impoundment basin and a mined coal
seam are addressed in the plan approval process, no specific monitoring
requirements focus on this subject. In addition, the monitoring regulations do
not require the inspector to address mine openings to the