[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Proposed Rules]
[Pages 54620-54633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26402]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
30 CFR Part 943
[SPATS No. TX-017-FOR]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed Rule; Reopening and Extension of Public Comment Period
on Proposed Amendment.
-----------------------------------------------------------------------
SUMMARY: OSM is announcing receipt of revisions pertaining to a
previously proposed amendment to the Texas regulatory program
(hereinafter, the ``Texas program'') under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA). The revisions of Texas' proposed
rules pertain to authority, responsibility and applicability,
definitions, restrictions of financial interests of state employees,
exemption for coal extraction incidental the
[[Page 54621]]
extraction of other minerals; areas designated by act of congress;
general requirements for permit and exploration procedure systems under
regulatory programs; general requirements for coal exploration;
hydrology and geology requirements; operation plans; reclamation plans;
alluvial valley floors; public availability of information; approval or
denial of permits; bonding requirements; performance standards for coal
exploration, use of explosives; coal processing mine waste; protection
of fish and wildlife and related environmental values; backfilling and
grading; revegetation success; road design, construction, maintenance,
and restoration; individual civil penalties; blaster training and
certification; and revegetation guidelines. Texas also proposed minor
changes in wording, numbering, and punctuation of its rules. The
amendment is intended to revise the State program to be consistent with
the corresponding Federal regulations.
This notice sets forth the times and locations that the Texas
program and revisions to the proposed amendment to that program are
available for public inspection, and the reopened comment period during
which interested persons may submit written comments on the proposed
amendment.
DATES: Written comments must be received by 4:00 p.m., c.s.t. November
9, 1995.
ADDRESSES: Written comments should be mailed or hand delivered to Mr.
Jack R. Carson, Acting Director, Tulsa Field Office, at the address
listed below.
Copies of the Texas program, the proposed amendment, and all
written comments received in response to this notice will be available
for public review at the addresses listed below during normal business
hours, Monday through Friday, excluding holidays. Each requester may
receive one free copy of the proposed amendment by contacting OSM's
Tulsa Field Office.
Jack R. Carson, Acting Director, Tulsa Field Office, Office of
Surface Mining Reclamation and Enforcement, 5100 East Skelly Drive,
Suite 470, Tulsa, Oklahoma, 74135-6547, Telephone: (918) 581-6430.
Railroad Commission of Texas, Surface Mining and Reclamation
Division, 1701 North Congress Avenue, P.O. Box 12967, Austin, Texas,
78711-2967, Telephone: (512) 463-6900.
FOR FURTHER INFORMATION CONTACT:
Mr. Jack R. Carson, Acting Director, Tulsa Field Office, Telephone:
(918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
On February 16, 1980, the Secretary of the Interior conditionally
approved the Texas program. General background information on the Texas
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval, can be found in the February
27, 1980, Federal Register (45 FR 12998). Subsequent actions concerning
the Texas program and program amendments can be found at 30 CFR 943.10,
943.15, and 943.16.
II. Proposed Amendment
By letter dated May 13, 1993 (Administrative Record No. TX-551),
Texas submitted a proposed amendment to its program pursuant to SMCRA.
Texas submitted the proposed amendment in response to letters dated May
20, 1985; June 9, 1987; October 20, 1988; February 7, 1990; and
February 21, 1990 (Administrative Record Nos. TX-358, TX-388, TX-417,
TX-472, and TX-476) that OSM sent to Texas in accordance with 30 CFR
732.17(c) and in response to the required program amendments at 30 CFR
943.16(k) through (q). The provisions of the Texas Administrative Code
(TAC) at 16 TAC 11.221, Texas Coal Mining Regulations (TCMR), that
Texas proposed to amend were: (1) TCMR 700.002(b)(4), TCMR Part 702,
and TCMR 787.222(a) pertaining to mining of coal incidental to the
extraction of other minerals; (2) TCMR 700.002(f) pertaining to
termination of jurisdiction; (3) TCMR 701.008(4), 701.008(16),
701.008(19), and 701.008(71), TCMR 705.011(2) and 705.011(3) pertaining
to definitions for ``affected area,'' ``coal mine waste,'' ``coal
processing waste,'', ``road,'' ``coal mining operation,'' and
``employee''; (4) TCMR 705.010(a)(3) and 705.010(c), TCMR 705.013(a),
TCMR 705.014(a), TCMR 705.015(a), TCMR 705,016(a), and TCMR 705.014(b)
pertaining to employee financial interests; (5) TCMR 761.072(b)(2)
pertaining to lands unsuitable for mining procedures; (6) TCMR 770.101
pertaining to permitting procedures; (7) TCMR 776.111(a)(3)(E), TCMR
815.327(a), and TCMR 815.328 pertaining to coal exploration; (8) TCMR
779.127(b) and (c), TCMR 779.128(a)(4), and 783.174(a)(4), TCMR
779.129(b)(2) and 783.175(b)(2), TCMR 780.146(b) and (c) and 784.118(b)
and (c), TCMR 780.148(c) and 748.190(c), TCMR 783.173, TCMR
816.342(a)(4), TCMR 816.344(g), (h), (i), and (k) and 817.514(g), (h),
(i), and (k), TCMR 816.344(r) and 817.514(r), TCMR 816.347(a)(1) and
817.517(a)(1), TCMR 816.347(a)(4) and 817.517(a)(3), TCMR 816.347(a)(5)
and 817.517(a)(5), TCMR 816.347(a)(6) and 817.517(a)(6), TCMR
816.347(a)(7) and 817.517(a)(7), TCMR 816.347(b)(8) and 817.517(b)(8),
TCMR 816.347(c) and 817.517(c), TCMR 816.347(d) and 817.517(d), TCMR
816.347(e) and 817.517(e), TCMR 816.347(i) and 817.517(i), TCMR
816.347(k) and 817.517(k), TCMR 816.350(b) and 817.519(b), TCMR
816.355(a), TCMR 817.509(a), and TCMR 817.522(f) pertaining to geologic
and hydrologic information, reclamation plans, and hydrologic balance
standards; (9) TCMR 780.142(c) and 784.197(c) and TCMR 780.142(d) and
784.197(d) pertaining to maps and plans; (10) TCMR 780.154 and 784.198,
TCMR 816.401(b) and 817.570(b), TCMR 816.402(d)(9) and 817.571(d)(9),
TCMR 816.405 and 817.574, TCMR 816.406(a)(4) and 817.575(a)(4), TCMR
816.408(b) and 817.577(b), TCMR 816.409(d)(9) and 817.578(d)(9), TCMR
816.412 and 817.581, TCMR 816.413(a)(4) and 817.582(a)(4), TCMR
816.415(b) and 817.584(b), TCMR 816.419 and 817.588, and TCMR
816.420(d) and 817.589(d) pertaining to transportation facilities and
roads; (11) TCMR 785.202(b)(1)(i) and (b)(3) pertaining to alluvial
valley floors; (12) TCMR 786.210(a)(3) pertaining to archaeological
resources; (13) TCMR 786.216(e), TCMR 786.216(p), and TCMR 786.220(d)
pertaining to approval of permits; (14) TCMR 800.301(b)(2) pertaining
to bonding requirements; (15) TCMR 816.330(f) and 817.500(f), TCMR
816.357(c) and 817.526(c), TCMR 816.357(d) and 817.526(d), TCMR
816.358(a) and 817.527(a), TCMR 816.360(a) and 817.528(a), TCMR
816.362(d) and 817.530(d), TCMR 817.526(b), TCMR 850.703(b)(1)(A), TCMR
850.704(b), and TCMR 850.706(a) pertaining to use of explosives and
blaster training and certification; (16) TCMR 816.385(b)(3) and
817.552(b)(3) pertaining to backfilling and grading; (17) TCMR
816.376(d), TCMR 816.378(a) and (c) and 817.545(a) and (c), TCMR
817.538(c)(3), and TCMR 817.543 pertaining to coal processing waste
disposal; (18) TCMR 816.380(e)(10) and 817.547(e)(10) pertaining to
protection of fish and wildlife and related environmental values; (19)
TCMR 816.395(a) and 817.560(a), TCMR 816.395(b) and 817.560(b), TCMR
816.395(c) and 817.560(c), and TCMR 816.396 and 817.561 pertaining to
revegetation success; and (20) TCMR 846.001(2) and TCMR 846.004(c)
pertaining to individual civil penalties.
OSM announced receipt of the proposed amendment in the June 21,
[[Page 54622]]
1993, Federal Register (58 FR 33785), provided an opportunity for a
public hearing or meeting on its substantive adequacy, and invited
public comment on the adequacy of the amendment (Administrative Record
No. TX-556). The public comment period would have closed July 21, 1993.
However, by letter dated July 16, 1993, the Texas Mining and
Reclamation Association requested a 30-day extension of time in which
to review and provide comments on the proposed amendment
(Administrative Record No. TX-563). OSM announced receipt of the
extension request and reopened the comment period in the August 16,
1993, Federal Register (58 FR 43308). The extended public comment
period ended August 20, 1993.
During its review of the amendment, OSM identified concerns
relating to (1) TCMR 700.002(b)(4), concerning authority,
responsibility and applicability for the extraction of coal incidental
to the extraction of other minerals and TCMR 700.002(f) concerning
authority, responsibility and applicability for termination of
jurisdiction; (2) TCMR 702.5(a) relating to the definition of
``cumulative measurement period''; (3) TCMR 702.11 relating to permit
application requirements and procedures for an exemption for coal
extraction incidental to the extraction of other minerals; (4) TCMR
702.13(a) relating to public availability of information; (5) TCMR
702.15(a), (d), and (e) concerning conditions of exemption and right of
inspection and entry; (6) TCMR 702.17(d)(3) relating to direct
enforcement; (7) TCMR 705.010(c) concerning responsibility relating to
restrictions of financial interest of State employees; (8) TCMR
705.016(a) relating to State employee reporting of financial
information; (9) TCMR 770.101 relating to definitions applicable to
subchapter G; (10) TCMR 779.127 and 783.173 concerning geology
descriptions; (11) TCMR 780.142(c) and 784.197(c) relating to maps and
plans; (12) TCMR 780.146 and 784.188 relating to protection of the
hydrologic balance; (13) TCMR 780.148 and 784.190 concerning pond,
impoundment, bank, dam, and embankment plans; (14) TCMR 780.154(a) and
784.198(a) concerning transportation facilities; (15) TCMR 785.202(b)
relating to alluvial valley floors; (16) TCMR 786.210(a) relating to
public availability of information in permit applications on file with
the Commission; (17) TCMR 786.216(e) relating to criteria for permit
approval or denial; (18) TCMR 816.341 and 816.342 and TCMR 817.511 and
817.512 relating to diversions; (19) TCMR 816.344 and 817.514 relating
to sedimentation ponds; (20) TCMR 816.347 and 817.517 concerning
permanent and temporary impoundments; (21) TCMR 816.350(b) and
817.519(b) relating to surface-water monitoring; (22) TCMR
816.355(a)(1) and (2) concerning stream buffer zones; (23) TCMR
816.357(a) and 817.526(b) pertaining to use of explosives; (24) TCMR
816.358(b) and 817.527(b) concerning preblast surveys; (25) TCMR
816.360 and 817.528 relating to control of adverse effects of
explosives; (26) TCMR 816.376(a) and (b) and 817.543(a) and (b)
pertaining to general requirements for coal processing waste dams and
embankments; (27) TCMR 816.378 and 817.545 relating to design and
construction of coal processing waste and dams and embankments; (28)
TCMR 816.390 and 817.555 concerning general requirements for
revegetation; (29) TCMR 816.395 and 817.560 pertaining to standards for
revegetation success; (30) TCMR 816.401(b), (d) and 817.570(b), (d),
TCMR 816.408(b), (d) and 817.577(b), (d), TCMR 816.415(b), (d) and
817.584(b), (d) relating to location of roads; (31) TCMR 816.405 and
817.574, TCMR 816.412 and 817.581, TCMR 816.419 and 817.588 pertaining
to maintenance of roads; (32) TCMR 816.406 and 817.575, TCMR 816.413
and 817.582, TCMR 816.420 and 817.589 concerning restoration of roads;
(33) TCMR 846 relating to individual civil penalties; (34) TCMR
850.702(e) concerning general requirements for blaster certification;
and (35) relating to typographical errors and omissions. OSM notified
Texas of its concerns by letter dated July 25, 1994 (Administrative
Record No. TX-578). Further clarification of OSM's concerns were
provided to Texas by letters dated November 4, 1994, November 21, 1994,
and January 18, 1995 (Administrative Record Nos. TX-581, TX-589, and
TX-585).
Texas responded in a letter dated September 18, 1995, by submitting
a revised amendment package (Administrative Record No. TX-598).
Specifically, Texas proposes the following revisions to its proposed
amendment.
1. TCMR 700.002, Authority, Responsibility, and Applicability
a. At TCMR 700.002(b)(4), Texas proposes to remove the phrase ``or
coal explorations subject to the Act'' and to require that the
incidental extraction of coal be conducted in accordance with the rules
proposed under Part 709.
b. Texas proposes to add a new provision at TCMR 700.002(b)(5) that
requires coal exploration on lands be subject to the requirement of 43
CFR Parts 3480-3487.
c. At proposed TCMR 700.002(f), which sets forth the conditions
under which Texas may terminate its jurisdiction over the reclaimed
site of a completed surface coal mining and reclamation operation,
Texas proposes to remove the phrase ``in accordance with the
Administrative Procedure and Texas Register Act.''
2. TCMR 701.008 Definitions
At TCMR 701.008, Texas proposes additional revisions to its
definition section by adding new definitions and revising one
additional existing definition. Texas also proposes to renumber the
definitions in TCMR 701.008 because of these revisions.
a. At TCMR 701.008(4), Texas proposes to define ``administratively
complete application'' to mean an application for permit approval or
approval for coal exploration where required, which the Commission
determines to contain information addressing each application
requirement of the regulatory program and to contain all information
necessary to initiate processing and public review.
b. Texas proposes to remove the definition for ``applicant'' at
existing TCMR 701.008(8) and redefine ``applicant'' at TCMR 701.008(9)
to mean any person seeking a permit, permit revision, renewal, and
transfer, assignment, or sale of permit rights from the Commission to
conduct surface coal mining and reclamation operations or, where
required, seeking approval for coal exploration.
c. Texas proposes to define ``application'' at TCMR 701.008(10) to
mean the documents and other information filed with the Commission
under this Chapter for the issuance of permits; revisions; renewals;
and transfer, assignment, or sale of permit rights for surface coal
mining and reclamation operations or, where required, for coal
exploration.
d. At TCMR 701.008(18), Texas proposes to define ``coal mine
waste'' to mean coal processing waste and underground development
waste.
e. At TCMR 701.008(19), Texas proposes to define ``coal
preparation'' to mean chemical or physical processing and cleaning,
concentrating, or other processing or preparation of coal.
f. At TCMR 701.008(24), Texas proposes to define a ``complete and
accurate application'' to mean an application for permit approval or
approval for coal exploration where required, which the Commission
determines to contain all information required under the Act, this
Chapter,
[[Page 54623]]
and the regulatory program that is necessary to make a decision on
permit issuance.
g. At TCMR 701.008(26), Texas proposes the following new definition
for ``cumulative impact area.''
(26) ``Cumulative impact area'' means the area, including the
permit area, within which impacts resulting from the proposed
operation may interact with impacts of all anticipated mining on
surface and ground-water systems. Anticipated mining shall include,
at a minimum, the entire projected lives through bond release of:
(a) the proposed operation, (b) all existing operations, (c) any
operation for which a permit application has been submitted to the
Commission, and (d) all operations required to meet diligent
development requirements for leased Federal coal for which there is
actual mine development information available.
h. Texas proposes to define ``experimental practice'' at TCMR
701.008(34) to mean the use of alternative surface coal mining and
reclamation operation practices for experimental or research purposes.
i. At TCMR 701.008(55), Texas proposes to define ``other treatment
facility'' to mean any chemical treatments, such as flocculation or
neutralization, or mechanical structures, such as clarifiers or
precipitators, that have a point source discharge and are utilized: (a)
To prevent additional contributions of dissolved or suspended solids to
streamflow or runoff outside the permit area, or (b) To comply with all
applicable State and Federal water-quality laws and regulations.
j. Texas proposes to define ``principal shareholder'' at TCMR
701.008(68) to mean any person who is the record or beneficial owner of
10 percent or more of any class of voting stock.
k. At TCMR 701.008(69), Texas proposes to define ``professional
specialist'' to mean a person whose training, experience, and
professional certification or licensing are acceptable to the
Commission for the limited purpose of performing certain specified
duties under this Chapter.
l. Texas proposes to define ``property to be mined'' at TCMR
701.008(70) to mean both the surface estates and mineral estates within
the permit area and the area covered by underground workings.
m. At TCMR 701.008(82), Texas proposes to define ``siltation
structure'' to mean a sedimentation pond, a series of sedimentation
ponds, or other treatment facility.
n. At TCMR 701.008(104), Texas proposes to define ``violation
notice'' to mean any written notification from a governmental entity of
a violation of law, whether by letter, memorandum, legal or
administrative pleading, or other written communication.
3. TCMR 705.016 Restrictions of Financial Interests of State Employees,
What To Report
At TCMR 705.016(a), Texas proposes to change the Section .013
citation to 705.013 and to change the OSM Form number from 705-1 to 23
for reporting information required on the statement of employment and
financial interests.
4. TCMR 709 Exemption for Coal Extraction Incidental to the Extraction
of Other Minerals
a. Texas proposes tochange its proposed regulations for exemption
for coal extraction incidental to the extraction of other minerals from
TCMR Part 702 to Part 709.
b. At TCMR 709.026(a)(2) (i) and (ii) [originally TCMR 702.5(a)(2)
(i) and (ii)], Texas is proposing to revise its proposed definition of
``cumulative measurement period'' by removing the April 1, 1990, date
specified for the end of the cumulative measurement period.
c. At TCMR 709.027(a) [originally proposed as TCMR 702.11(a)],
Texas proposes to remove the language ``under a Federal program or on
Indian lands or after the effective date of Commission adoption of Part
702'' from the first sentence. The revised sentence now reads.
Any person who plans to commence or continue coal extraction
after xxxxx x, 1995, in reliance on the incidental mining exemption
shall file a complete application for exemption with the Commission
for each mining area.
d. At TCMR 709.027(b) [originally proposed as TCMR 702.11(b)],
Texas proposes to revise the provisions pertaining to persons who have
commenced coal extraction at a mining area in reliance upon obtaining
an incidental mining exemption by removing the language ``prior to the
effective date of Commission adoption of Part 702'' and replacing it
with the language ``prior to xxxxx x, 1995''; by providing that coal
extraction may not continue after 60 days unless a person files an
administratively complete application for exemption with the
Commission; and by clarifying that an application will be determined to
be administratively complete when it contains the information
responsive to the requirements of Section 709.018.
e. At TCMR 709.029(a) [originally proposed as TCMR 702.13(a)],
Texas is clarifying that information submitted to the Commission shall
be made immediately available for public inspection and copying at the
Division's central and local offices closest to the mining operations
claiming exemption.
f. At TCMR 709.031 (a), (d), and (e) [originally proposed as 702.15
(a), (d), and (e)], Texas proposes to clarify that only authorized
representatives of the Secretary have access to the information
necessary to verify an exemption and have the authority to enter and
inspect operations claiming an exemption.
5. TCMR 709.033 Revocation and Enforcement
At TCMR 709.033(d)(3) [originally proposed as TCMR 702.17(d)(3)],
Texas proposes to move the word ``applicable'' to modify the reference
to ``reclamation standards'' rather than the reference to TSCMRA.
6. TCMR 770.101 Definitions Concerning General Requirements for Permit
and Exploration Procedure Systems Under Regulatory Programs
The proposed definitions at TCMR 770.101 (1) through (7) were
removed. The proposed definitions for ``applicant,'' ``application,''
``complete application,'' and ``cumulative impact area'' were redefined
at TCMR 701.008 (9), (10), (4), and (26), respectively. The definitions
for ``principal shareholder,'' ``property to be mined,'' and
``violation notice'' were moved to TCMR 701.008 (68), (70), and (104),
respectively, without revision.
7. TCMR 779.126 (Surface) and TCMR 783.172 (Underground) Description of
Hydrology and Geology: General Requirements
At TCMR 779.126 and 783.172, Texas proposes to add new subsection
(d) which provides that all water quality analyses performed to meet
the requirements of Chapter IV of the Texas Surface Coal Mining
Regulations be conducted according to the methodology in the 15th
edition of ``Standard Method for the Examination of Water and
Wastewater'' or the methodology in 40 CFR Parts 136 and 434.
8. TCMR 779.127 Geology Description for Surface Mining Applications
Texas proposes to revise TCMR 779.127(b) by adding the phrase ``The
geologic description shall include'' at the beginning of the first
sentence and deleting the word ``geologic'' in the proposed phrase
``[t]he geologic analyses shall result in the following.''
9. TCMR 779.127 (Surface) and TCMR 783.174 (Underground) Ground Water
Information
a. At TCMR 779.127(a) and 783.174(a), Texas proposes to remove
[[Page 54624]]
the term ``mine plan'' and replace with the term ``permit.''
b. At TCMR 779.127(a)(3) and 783.174(a)(3), Texas proposes to
remove the existing requirement and add the requirement for a
description of the location and ownership of existing wells, springs,
and other ground-water resources.
c. At TCMR 779.127(a)(4) and 783.174(a)(4), Texas proposes to
remove the existing provision and add the following new provision.
Seasonal quality and quantity of ground water and usage. Water
quality descriptions shall include, at a minimum, total dissolved
solids or specific conductance corrected to 25 deg. C, Ph, total
iron, and total manganese. Ground water quantity descriptions shall
include, at a minimum, approximate rates of discharge or usage and
depth to the water in the coal seam, and each water-bearing stratum
above and potentially impacted stratum below the coal seam.
(d) At TCMR 779.128(b) and 783.174(b), Texas proposes to revise the
existing provision by removing the requirements that the application
contain additional information which describes the discharge
characteristic of aquifers and the quality and quantity of ground
water, according to the parameters and in the detail required by the
Commission.
10. TCMR 779.129 (Surface) and TCMR 783.174 (Underground) Surface Water
Information
At TCMR 779.129(a) and 783.174(a), Texas proposes to replace the
term ``mine plan'' with the term ``permit'' in the requirement for
``descriptions of surface drainage systems sufficient to identify, in
detail, the seasonal variations in water quantity and quality within
the proposed mine plan and adjacent areas.''
11. TCMR 780.142 Operation Plan: Maps and Plans for Surface Mining
Applications
At TCMR 780.142(b)(11), Texas proposes to replace the reference to
Section .145 with a reference to Section .148.
12. TCMR 780.146 (Surface) and TCMR 784.188 (Underground) Reclamation
Plan: Protection of Hydrologic Balance
a. At TCMR 780.146(a), Texas proposes to revise the first sentence
to read as follows.
The application shall include a hydrologic reclamation plan,
with appropriate maps and descriptions, indicating how the relevant
requirements of Part 816, including Sections 816.339, 816.346,
816.348-.349, and 816.350-.354 will be met.
b. At TCMR 780.188(a), Texas proposes to revise the first sentence
by removing the language ``[e]ach plan shall contain a detailed
description'' and replacing it with the language ``[t]he application
shall include a hydrologic reclamation plan.''
c. Texas proposes to remove existing TCMR 780.146 (a)(9) and (b)
and 784.188 (a)(9) and (b), and to add new TCMR 780.146(b) (1) and (2)
784.188 (b) (1) and (2) to read as follows.
(b) Ground water monitoring plan. (1) The application shall include
a ground-water monitoring plan based upon the PHC determination
required under Paragraph (d) of this Section and the analysis of all
baseline hydrologic, geologic, and other information in the permit
application. The plan shall provide for the monitoring of parameters
that relate to the suitability of the ground water for current and
approved postmine land uses and to the objectives for protection of the
hydrologic balance as set forth in Paragraph (a) of this Section. It
shall identify the quantity and quality parameters to be monitored,
sampling frequency, and site locations. It shall describe how the data
may be used to determine the impacts of the operation upon the
hydrologic balance. At a minimum, total dissolved solids or specific
conductance corrected to 25 deg.C, Ph, total iron, total manganese,
and water levels shall be monitored and data submitted to the
Commission at least every 3 months for each monitoring location.
The Commission may require additional monitoring. (2) If the
applicant can demonstrate by the use of the PHC determination and other
available information that a particular water-bearing stratum in the
proposed permit and adjacent areas is not one which serves as an
aquifer which significantly ensures the hydrologic balance within the
cumulative impact area, then monitoring of that stratum may be waived
by the Commission.
d. Texas proposes to remove the existing and proposed language in
TCMR 780.146(c) and 784.188(c) and to replace it with the following
language.
(c) Surface water monitoring plan. (1) The application shall
include a surface-water monitoring plan based upon the PHC
determination required under Paragraph (d) of Section and the
analysis of all baseline hydrologic, geologic, and other information
in the permit application. The plan shall provide for the monitoring
of parameters that relate to the suitability of the surface water
for current and approved postmine land uses and to the objectives
for protection of the hydrologic balance as set forth in Paragraph
(a) of Section, as well as the effluent limitations found at 40 CFR
Part 434. (2) The plan shall identify the surface-water quantity and
quality parameters to be monitored, sampling frequency, and site
locations. It shall describe how the data may be used to determine
the impacts of the operation upon the hydrologic balance. (i) At all
monitoring locations in the surface-water bodies such as streams,
lakes, and impoundments that are potentially impacts or into which
water will be discharged and at upstream monitoring locations, the
total dissolved solids or specific conductance corrected to 25
deg.C, total suspended solids, pH, total iron, total manganese, and
flow shall be monitored. (ii) For point-source discharges,
monitoring shall be conducted in accordance with 40 CFR Parts 122,
123 and 434 and as required by the National Pollutant Discharge
Elimination System permitting authority. (3) The monitoring reports
shall be submitted to the Commission every 3 months. The Commission
may require additional monitoring.
e. At TCMR 780.146(d)(1) and 784.188(d)(1), Texas proposes to
replace the word ``description'' with the word ``application'' in the
first sentence.
f. Texas proposes to add a new provision at TCMR 780.146(d)(5) and
784.188(d)(5) that reads as follows.
(5) If the determination of the probable hydrologic consequences
(PHC) required by Paragraph (d) of this Section indicates adverse
impacts on or off the proposed permit area may occur to the
hydrologic balance, or that acid-forming or toxic-forming material
is present that may result in the contamination of ground-water or
surface-water supplies, then information supplemental to that
required under Paragraphs (b) and (c) of this Section shall be
provided to evaluate such probable hydrologic consequences and to
plan remedial and reclamation activities. Such supplemental
information may be based upon drilling, aquifer tests, hydrogeologic
analysis of the water-bearing strata, flood flows, or analysis of
other water quality and quantity characteristics.
13. TCMR 780.148 (Surface) and TCMR 784.190 (Underground) Reclamation
Plan: Ponds, Impoundments, Banks, Dams, and Embankments
a. At TCMR 780.148(a)(3)(i) and 784.190(a)(3)(i), Texas proposes to
remove the language ``or registered land surveyor except that all coal
processing waste dams and embankments covered by Section .376-.378
shall be certified by a qualified registered professional engineer.''
b. At TCMR 780.148(c)(2) and 784.190(c)(2), Texas proposes to add
the following new language in a second sentence.
The plan required to be submitted to the District Manager of
MSHA under 30 CFR 77.216 shall be submitted to the Commission as
part of the permit application in accordance with Paragraph (a) of
this section.
[[Page 54625]]
14. TCMR 780.154 (Surface) and TCMR 784.198 (Underground)
Transportation Facilities
a. Texas proposes to remove the existing language in TCMR
780.154(a) (1) through (6) and 784.198(a) (1) through (6) and replace
it with the following language. Any differences between the surface and
underground mining regulations are shown with the underground language
bracketed.
(a) Each applicant for a surface [underground] coal mining and
reclamation permit shall submit plans and drawings for each road, as
defined in Section 701.008 of this Chapter, to be constructed, used, or
maintained within the proposed permit area. The plans and drawings
shall--(1) Include a map, appropriate cross sections, design drawings
and specifications for road widths, gradients, surfacing materials,
cuts, fill embankments, culverts, bridges, drainage ditches, low-water
crossings, and drainage structures; (2) Contain the drawings and
specifications of each proposed road that is located in the channel of
an intermittent or perennial stream, as necessary for approval of the
road by the Commission in accordance with Sections 816.401(b),
816.408(b), or 816.415(b) [817.570(b), 817.577(b), or 817.584(b)]; (3)
Contain the drawings and specifications for each proposed ford of
perennial or intermittent streams that is used as a temporary route, as
necessary for approval of the ford by the Commission in accordance with
Sections 816.401(b), 816.408(b), or 816.415(b) [817.570(c), 817.577(c),
or 817.584(c)]; (4) Contain a description of measures to be taken to
obtain approval of the Commission for alteration or relocation of a
natural stream channel under Sections 816.403(d), 816.410(d), or
816.417(c) [817.572(d), 817.579(d), or 817.586(c)]; (5) Contain the
drawings and specifications for each low-water crossing of perennial or
intermittent stream channels so that the Commission can maximize the
protection of the stream in accordance with Sections 816.401(c),
816.408(c), or 816.415(c) [817.570(c), 817.577(c), or 817.584(c); and
b. Texas proposes to revise the proposed language at TCMR
780.154(b) and 784.198(b) to read as follows.
The plans and drawings for each Class I and Class II road shall
be prepared by, or under the direction of, and certified by a
qualified registered professional engineer with experience in the
design and construction of roads, as meeting the requirements of
this Chapter; current, prudent engineering practices; and any design
criteria established by the Commission.
15. TCMR 783.173 Geology Description for Underground Mining
Applications
At TCMR 783.173, Texas proposes to remove the existing and proposed
language and add the following language.
(a) A description of the geology of the proposed permit and
adjacent areas down to and including the deeper of either the stratum
immediately below the lowest coal seam to be mined or any aquifer below
the lowest coal seam to be mined which may be adversely impacted by
mining. This description shall include the areal and structural geology
of the permit and adjacent areas, and other parameters which influence
the required reclamation and it shall also show how the areal and
structural geology may affect the occurrence, availability, movement,
quantity and quality of potentially impacted surface and ground water.
It shall be based on--(1) The cross sections, maps, and plans required
by Section 783.183 of this Chapter; (2) The information obtained under
Paragraphs (b), (c) and (d) of this Section; and (3) Geologic
literature and practices.
(b) For any portion of a permit area in which the strata down to
the coal seam to be mined will be removed or are already exposed,
samples shall be collected and analyzed from test borings; drill cores;
or fresh, unweathered, uncontaminated samples from rock outcrops down
to and including the deeper of either the stratum immediately below the
lowest coal seam to be mined or any aquifer below the coal seam to be
mined which may be adversely impacted by mining. The analyses shall
result in the following: (1) Logs showing the lithologic
characteristics including physical properties and thickness of each
stratum and location of ground water where occurring; (2) Chemical
analyses identifying those strata that may contain acid- or toxic-
forming, or alkalinity-producing materials and to determine their
content except that the Commission may find that the analysis for
alkalinity-producing material is unnecessary; and (3) Chemical analysis
of the coal seam for acid- or toxic-forming materials, including the
total sulfur and pyritic sulfur, except that the Commission may find
that the analysis of pyritic sulfur content is unnecessary.
(c) For lands within the permit and adjacent areas where the strata
above the coal seam to be mined will not be removed, samples shall be
collected and analyzed from test borings or drill cores to provide the
following data: (1) Logs of drill holes showing the lithologic
characteristics, including physical properties and thickness of each
stratum that may be impacted, and location of ground water where
occurring; (2) Chemical analyses for acid- or toxic-forming materials
and their content in the strata immediately above and below the coal
seam to be mined; (3) Chemical analyses of the coal seam for acid- or
toxic-forming materials, including the total sulfur and pyritic sulfur,
except that the Commission may find the analysis of pyritic sulfur
content is unnecessary; and (4) For standard room and pillar mining
operations, the thickness and engineering properties of clays or soft
rock such as clay shale, if any, in the stratum immediately above and
below each coal seam to be mined.
(d) If determined to be necessary to protect the hydrologic
balance, to minimize or prevent subsidence, or to meet the performance
standards of this Chapter, Commission may require the collection,
analysis and description of geologic information in addition to that
required by Paragraphs (a), (b), and (c) of this Section.
(e) An applicant may request the Commission to waive in whole or in
part the requirements of Paragraph (b) and (c) of this Section. The
waiver may be granted only if the Commission finds in writing that the
collection and analysis of such data is unnecessary because other
information having equal value or effect is available to the Commission
in a satisfactory form.
16. TCMR 784.197 Operation Plan: Maps and Plans for Underground
Mining Applications
At TCMR 784.197(c), proposes to add a reference to paragraph (b)(4)
and to require that the maps, plans, and cross-sections be certified by
a qualified registered professional engineer.
17. TCMR 786.210 Public Availability of Information in Permit
Applications on File With the Commission
a. At TCMR 786.210(a), Texas proposes to remove the existing
language and to add the following language.
Except as provided by Paragraph (c) of this section, all
applications for permits; revisions; renewals; and transfers;
assignments or sales of permit rights on file with the Commission
shall be available, at reasonable times, for public inspection and
copying.
b. Texas proposes to renumber existing TCMR 786.210 (a)(1) to (b)
and add the phrase ``[e]xcept as provided by Paragraph (c)(1) of this
section'' to the beginning of the sentence. The semicolon and the word
``and'' were, also, removed at the end of the sentence.
[[Page 54626]]
c. Texas proposes to remove existing TCMR 786.210(a)(2) and
proposed TCMR 786.210(a)(3).
d. Texas proposes to add confidential information limitations at
new TCMR 786.210(c) as follows.
(c) Confidential information is limited to--(1) Information that
pertains only to the analysis of the chemical and physical
properties of the coal to be mined, except information on components
of such coal which are potentially toxic in the environment; (2)
Information required under Section 15 of the Act that is not on
public file and that applicant has requested in writing to be held
confidential; (3) Information on the nature and location of
archeological resources on public land and Indian and shall be kept
confidential as required under the Archeological Resources
Protection Act of 1979 (Pub. L. 96-95, 93 Stat. 721, 16 U.S.C. 470).
e. Texas proposes to reletter existing Paragraph (b) to (d) and
change the paragraph reference to (c). Texas, also, proposes to
reletter existing Paragraph (c) to (e).
18. TCMR 786.216 Criteria for Permit Approval or Denial
a. At TCMR 786.216(c). Texas proposes to replace the word
``general'' with the words ``cumulative impact'' in the phrase ``in the
general area.''
b. At TCMR 786.216(e), Texas proposes to replace the phrase
``publicly-owned parks or spaces included or'' with the phrase
``properties listed on and.''
19. TCMR 816.340 (Surface) and TCMR 817.510 (Underground) Hydrologic
Balance: Water Quality Standards and Effluent Limitations
Texas proposes to remove the existing provisions in TCMR 816.340(a)
(1) through (7) and 817.510(a) (1) through (7) and replace them with
the following language. Any differences between the surface and
underground mining regulations are shown with the underground language
bracketed.
Discharge of water from areas disturbed by surface [underground]
mining activities shall be made in compliance with all applicable
State and Federal water quality laws and regulations and with the
effluent limitations for coal mining promulgated by the U.S.
Environmental Protection Agency set forth in 40 CFR 434.
20. TCMR 816.341 (Surface) and TCMR 817.511 (Underground) Hydrologic
Balance: Diversions
Texas proposes to change the Section title from ``Hydrologic
Balance: Diversions and Conveyance of Overland Flow and Shallow Ground
Water Flow, and Ephemeral Streams'' to ``Hydrologic Balance:
Diversions.'' Texas, also, proposes to remove the existing provisions
in TCMR 816.341 (a) through (g) and 817.511 (a) through (g) and replace
them with the following new provisions in Paragraphs (a) through (c).
Any differences between the surface and underground mining regulations
are shown with the underground language bracketed.
(a) General Requirements. (1) With the approval of the Commission,
any flow from mined areas abandoned before May 3, 1978, and any flow
from undisturbed areas or reclaimed areas, after meeting the criteria
of Section 816.344 [817.344] for siltation structures removal, may be
diverted from disturbed areas by means of temporary or permanent
diversions. All diversions shall be designed to minimize adverse
impacts to the hydrologic balance within the permit and adjacent areas,
to prevent material damage outside the permit area and to assure the
safety of the public. Diversions shall not be used to divert water into
underground mines without approval of the Commission under Section
816.353 [817.522]. (2) The diversion and its appurtenant structures
shall be designed, located, constructed, maintained and used to-- (i)
Be stable; (ii) Provide protection against flooding and resultant
damage to life and property; (iii) Prevent, to the extent possible
using the best technology currently available, additional contributions
of suspended solids to streamflow outside the permit area; and (iv)
Comply with all applicable local, State, and Federal laws and
regulations. (3) Temporary diversions shall be removed when no longer
needed to achieve the purpose for which they were authorized. The land
disturbed by the removal process shall be restored in accordance with
this Part. Before diversions are removed, downstream water-treatment
facilities previously protected by the diversion shall be modified or
removed, as necessary, to prevent overtopping or failure of the
facilities. This requirement shall not relieve the operator from
maintaining water-treatment facilities as otherwise required. A
permanent diversion or a stream channel reclaimed after the removal of
a temporary diversion shall be designed and constructed so as to
restore or approximate the remaining characteristics of the original
stream channel including the natural riparian vegetation to promote the
recovery and the enhancement of aquatic habitat. (4) Diversion designs
shall incorporate the following: (i) Be constructed with gentle sloping
banks that are stabilized by vegetation. Asphalt, concrete or other
similar linings shall be used only when approved by the Commission to
prevent seepage or to provide stability. Channel linings shall be
designed using standard engineering practices to pass safely the design
velocities and shall be approved for permanent diversions only where
they are stable and will require infrequent maintenance. (ii) Erosion
protection shall be provided for transition of flows and for critical
areas such as swales and curves. (iii) Energy dissipators shall be
installed when necessary at discharge points, where diversions
intersect with natural streams and exit velocities of the diversion
ditch flow is greater than that of the receiving stream. (iv) Excess
excavated material not necessary for diversion channel geometry or
regrading of the channel shall be disposed of in accordance with
Sections 816.363-816.366 [817.531-817.534]. (v) Topsoil shall be
handled in compliance with Sections 816.334-816.338 [817.504-817.508].
(b) Diversions of Perennial and Intermittent Streams. (1)
Diversions of perennial and intermittent streams within the permit area
may be approved by the Commission after making the finding relating to
stream buffer zones [called for in Section 817.524] that the diversion
will not adversely affect the water quantity and quality and related
environmental resources of the stream. (2) The design capacity of
channels for temporary and permanent stream channel diversions shall be
at least equal to the capacity of the unmodified stream channel
immediately upstream and downstream from the diversion. (3) The
requirements of Paragraph (a)(2)(ii) of this Section shall be met when
the temporary and permanent diversions for perennial and intermittent
streams are designed so that the combination of channel, bank and
floodplain configuration is adequate to pass safely the peak runoff of
a 10-year, 6-hour precipitation event for a temporary diversion and a
100-year, 6-hour precipitation event for a permanent diversion. (4) The
design and construction of all stream channel diversions of perennial
and intermittent streams shall be certified by a qualified registered
professional engineer as meeting the performance standards of this part
and any design criteria set by the Commission.
(c) Diversion of Miscellaneous Flows. (1) Miscellaneous flows,
which consists of all flows except for perennial and intermittent
streams, may be diverted away from disturbed areas if required or
approved by the Commission. Miscellaneous flows shall include ground-
water discharges and ephemeral
[[Page 54627]]
streams. (2) The design, location, construction, maintenance, and
removal of diversions of miscellaneous flows shall meet all of the
performance standards set forth in Paragraph (a) of this Section. (3)
The requirements of Paragraph (a)(2)(ii) of this Section shall be met
when the temporary and permanent diversions for miscellaneous flows are
designed so that the combination of channel, bank and flood-plain
configuration is adequate to pass safely the peak runoff of a 2-year,
6-hour precipitation event for a temporary diversion and a 10-year, 6-
hour precipitation event for a permanent diversion.
21. TCMR 816.342 (Surface) and TCMR 817.512 (Underground) Hydrologic
Balance: Stream Channel Diversion
Texas proposes to remove TCMR 816.342 (a) through (e) and 817.512
(a) through (e) pertaining to hydrologic balance with relation to
stream channel diversions.
22. TCMR 816.344 (Surface) and TCMR 817.514 (Underground) Hydrologic
Balance: Sedimentation Ponds
Texas proposes to remove TCMR 816.344 (a) through (u) and 817.514
(a) through (u) pertaining to the hydrologic balance with relation of
sedimentation ponds.
23. TCMR 816.344 (Surface) and TCMR 817.514 (Underground) Hydrologic
Balance: Siltation Structures
Texas proposes to add TCMR 816.344 (a) through (e) and 817.514 (a)
through (e) pertaining to the hydrologic balance with relation to
siltation structures as shown below. Any differences between the
surface and underground mining regulations are shown with the
underground language bracketed.
(a) For the purposes of this Section only, disturbed areas shall
not include those areas--(1) In which the only surface mining
activities include diversion ditches, siltation structures, or roads
that are designed, constructed and maintained in accordance with this
part; and (2) For which the upstream area is not otherwise disturbed by
the operator.
(b) General requirements. (1) Additional contributions of suspended
solids sediment to streamflow or runoff outside the permit area shall
be prevented to the extent possible using the best technology currently
available. (2) All surface drainage from the disturbed area shall be
passed through a siltation structure before leaving the permit area,
except as provided in Paragraph (b)(5) or (e) of this Section. (3)
Siltation structures for an area shall be constructed before beginning
any surface mining activities in that area, and upon construction shall
be certified by a qualified registered professional engineer to be
constructed as designed and as approved in the reclamation plan. (4)
Any siltation structure which impounds water shall be designed,
constructed and maintained in accordance with Section 816.347
[817.517]. (5) Siltation structures shall be maintained until the
disturbed area has been stabilized and revegetated and removal is
authorized by the Commission. In no case shall the structure be removed
sooner than 2 years after the last augmented seeding. (6) When a
siltation structure is removed, the land on which the siltation
structure was located shall be regraded and revegetated in accordance
with the reclamation plan and Sections 816.390-816.395 [817.555-
817.560]. Sedimentation ponds approved by the Commission for retention
as permanent impoundments may be exempted from this requirement.
(c) Sedimentation ponds. (1) When used, sedimentation ponds shall--
(i) Be used individually or in series; (ii) Be located as near as
possible to the disturbed area and out of perennial streams unless
approved by the Commission, and (iii) Be designed, constructed, and
maintained to--(A) Provide adequate sediment storage volume. The
minimum sediment storage volume shall be equal to the three year
accumulated sediment volume from the drainage area to the pond. The
sediment volume shall be determined using the Universal Soil Loss
Equation, gully erosion rates, and the sediment delivery ratio
converted to sediment volume, using either the sediment density or
other empirical methods approved by the Commission; (B) Provide
adequate detention time to allow the effluent from the ponds to meet
State and Federal effluent limitations. The minimum detention time
without a chemical treatment process shall be 10 hours; (C) Contain or
treat the 10-year, 24-hour precipitation event (``design event'')
unless a lesser design event is approved by the Commission based on
terrain, climate, other site-specific conditions and on a demonstration
by the operator that the effluent limitations of Section 816.340
[817.510] will be met; (D) Provide a nonclogging dewatering device
adequate to maintain the detention time required under Paragraph
(c)(1)(iii)(B) of this Section; (E) Minimize, to the extent possible,
short circuiting; (F) Provide periodic sediment removal sufficient to
maintain adequate volume for the design event; (G) Ensure against
excessive settlement; (H) Be free of sod, large roots, frozen soil, and
acid- or toxic-forming coal-processing waste; and (I) Be compacted
properly. (2) A sedimentation pond shall include either a combination
of principal and emergency spillways or single spillway configured as
specified in Section 816.347(a)(9) [precipitation event specified in
Paragraph (c)(2)(ii) of this section, except as set forth in Section
817.517(a)(9)].
(d) Other treatment facilities. (1) Other treatment facilities
shall be designed to treat the 10-year, 24-hour precipitation event
unless a lesser design event is approved by the Commission based on
terrain, climate, other site-specific conditions and a demonstration by
the operator that the effluent limitations of Section 816.340 [817.510]
will be met. (2) Other treatment facilities shall be designed in
accordance with the applicable requirements of Paragraph (c) of this
Section.
(e) Exemptions. Exemptions to the requirements of this Section may
be granted if--(1) The disturbed drainage area within the total
disturbed area is small; and (2) The operator demonstrates that
siltation structures and alternate sediment control measures are not
necessary for drainage from the disturbed area to meet the effluent
limitations under Section 816.340 [817.510] and the applicable State
and Federal water quality standards for the receiving waters.
24. TCMR 816.347 (Surface) and TCMR 817.517 (Underground) Hydrologic
Balance: Permanent and Temporary Impoundments
Texas proposes to remove the existing provisions in TCMR 816.347
(a) through (k) and 817.517 (a) through (k) and add the following new
provisions in Paragraphs (a) through (c). Any differences between the
surface and underground mining regulations are shown with the
underground language bracketed.
(a) General Requirements. The requirements of this Paragraph apply
to both temporary and permanent impoundments. (1) Impoundments meeting
the Class B or C criteria of dams in the U.S. Department of
Agriculture, Soil Conservation Service Technical Release No. 60 (210-
VI-TR60, Oct. 1985), ``Earth Dams and Reservoirs,'' 1985 shall comply
with ``Minimum Emergency Spillway Hydrologic Criteria'' table in TR-60
and the requirements of this section. Technical Release No. 60 is
hereby incorporated by reference. Copies may be obtained from the
National Technical Information Service (NTIS), 5285 Port Royal Road,
[[Page 54628]]
Springfield, Virginia 22161, order No. PB 87-157509/AS. Copies can be
inspected at the Commission's Surface Mining and Reclamation Division
Office at 1701 N. Congress Avenue, Austin, Texas. (2) An impoundment
meeting the size or other criteria of 30 CFR 77.216(a) shall comply
with the requirements of 30 CFR 77.216 and of this section. (3) The
design of impoundments shall be certified in accordance with Section
780.148(a) [784.190(a)] as designed to meet the requirements of this
part using current, prudent engineering practices and any design
criteria established by the Commission. The qualified, registered
professional engineer shall be experienced in the design and
construction of impoundments. (4) Stability. (i) An impoundment meeting
the Class B or C criteria for dams in TR-60, or the size or other
criteria of 30 CFR 77.216(a) shall have a minimum static factor of 1.5
for a normal pool with steady state seepage saturation conditions, and
a seismic safety factor of at least 1.2. (ii) An impoundment not
included in Paragraph (a)(4)(i) of this Section, except for a coal mine
waste impounding structure, shall have a minimum static safety factor
of 1.3 for a normal pool with steady state seepage saturation
conditions or meet the requirements of Section 780.148(c) [784.190(c)].
(5) Impoundments meeting the Class B or C criteria for dams in TR-60
shall comply with the freeboard hydrograph criteria in the ``Minimum
Emergency Spillway Hydrologic Criteria'' table in TR-60. (6)
Foundations. (i) Foundations and abutments for an impounding structure
shall be stable during all phases of construction and operation and
shall be designed based on adequate and accurate information on the
foundation conditions. For an impoundment meeting the Class B or C
criteria for dams in TR-60, or the size or other criteria of 30 CFR
77.216(a), foundation investigation, as well as any necessary
laboratory testing of foundation material, shall be performed to
determine the design requirements for foundation stability. (ii) All
vegetative and organic materials shall be removed and foundations
excavated and prepared to resist failure. Cutoff trenches shall be
installed if necessary to ensure stability. (7) Slope protection shall
be provided to protect against surface erosion at the site and protect
against sudden drawdown. (8) Faces of embankments and surrounding areas
shall be vegetated, except that faces where water is impounded may be
riprapped or otherwise stabilized in accordance with accepted design
practices. (9) An impoundment shall include either a combination of
principal and emergency spillways or a single spillway configured as
specified in Paragraph (a)(9)(i) of this Section, designed and
constructed to safely pass the applicable design precipitation event
specified in Paragraph (a)(9)(ii) of this Section. (i) The Commission
may approve a single open-channel spillway that is of nonerodible
construction and designed to carry sustained flows or earth- or grass-
lined and designed to carry short-term, infrequent flows at non-erosive
velocities where sustained flows are not expected. (ii) Except as
specified in Paragraph (c)(2) of this Section, the required design
precipitation event for an impoundment meeting the spillway
requirements of Paragraph (a)(9) of this Section is: (A) For an
impoundment meeting the Class B or C criteria for dams in TR-60, the
emergency spillway hydrograph criteria in the ``Minimum Emergency
Spillway Hydrologic Criteria'' table in TR-60, or greater event as
specified by the Commission. (B) For an impoundment meeting or
exceeding the size or other criteria of 30 CFR 216(a), a 100-year 6-
hour event, or greater event as specified by the Commission. (C) For an
impoundment not included in Paragraph (a)(9)(ii)(A) and (B) of this
Section, a 25-year 6-hour or greater event as specified by the
Commission. (10) The vertical portion of any remaining highwall shall
be located far enough below the low-water line along the full extent of
the highwall to provide adequate safety and access for the proposed
water users. (11) A qualified registered professional engineer or other
qualified professional specialist under the direction of a professional
engineer, shall inspect each impoundment as provided in Paragraph
(a)(11)(i) of this Section. The professional engineer or specialist
shall be experienced in the construction of impoundments. (i)
Inspections shall be made regularly during construction, upon
completion of the construction, and at least yearly until removal of
the structure or release of the performance bond. (ii) The qualified
registered professional engineer shall promptly after each inspection
required in Paragraph (a)(11)(i) of this section provide the Commission
a certified report that the impoundment has been constructed and/or
maintained as designed and in accordance with the approved plan of this
chapter. The report shall include discussion of any appearance of
instability, structural weakness or other hazard condition, depth and
elevation of any impoundment waters, existing storage capacity, any
existing or required monitoring procedures and instrumentation, and any
other aspects of the structure affecting stability. (iii) A copy of the
report shall be retained at or near the minesite. (12) Impoundments
meeting the SCS Class B or C criteria for dams in TR-60, or the size or
other criteria of 30 CFR 77.217 must be examined in accordance with 30
CFR 77.216-3. Impoundments not meeting the SCS Class B or C criteria
for dams in TR-60, or subject to 30 CFR 216, shall be examined at least
quarterly. A qualified person designated by the operator shall examine
impoundments for the appearance of structural weakness and other
hazardous conditions. (13) If any examination or inspection discloses
that a potential hazard exists, the person who examined the impoundment
shall promptly inform the Commission of the finding and of the
emergency procedures formulated for public protection and remedial
action. If adequate procedures cannot be formulated or implemented, the
Commission shall be notified immediately. The Commission shall then
notify the appropriate agencies that other emergency procedures are
required to protect the public.
(b) Permanent Impoundments. A permanent impoundment of water may be
created, if authorized by the Commission in the approved permit based
upon the following demonstration: (1) The size and configuration of
such impoundment will be adequate for its intended purposes. (2) The
quality of impounded water will be suitable on a permanent basis for
its intended use and, after reclamation, will meet applicable State and
Federal water quality standards, and discharges from the impoundment
will meet applicable effluent limitations and will not degrade the
quality of receiving water below applicable State and Federal water
quality standards. (3) The water level will be sufficiently stable and
be capable of supporting the intended use. (4) Final grading will
provide for adequate safety and access for proposed users. (5) The
impoundment will not result in the diminution of the quality and
quantity of water utilized by adjacent or surrounding landowners or
agricultural, industrial, recreational, or domestic users. (6) The
impoundment will be suitable for the approved postmining land use.
(c) Temporary Impoundments. (1) The Commission may authorize the
construction of temporary impoundments as part of a surface coal mining
operation. (2) In lieu of meeting
[[Page 54629]]
the requirements of paragraph (a)(9)(i) of this Section, the Commission
may approve an impoundment that relies primarily on storage to control
the runoff from the design precipitation event when it is demonstrated
by the operator and certified by a qualified registered professional
engineer that the impoundment will safely control the design
precipitation event, the water shall be safely removed in accordance
with current, prudent engineering practices. Such an impoundment shall
be located where failure would not be expected to cause loss of life or
serious property damage, except where: (i) Impoundments meeting the SCS
Class B or C criteria for dams in TR-60, or the size or other criteria
of 30 CFR 77.216(a), shall be designed to control the precipitation of
the probable maximum precipitation of a 6-hour event, or greater event
as specified by the Commission. (ii) Impoundments not included in
Paragraph (c)(2)(i) of this section shall be designed to control the
precipitation of the 100-year 6-hour event, or greater event as
specified by the Commission.
25. TCMR 816.348 Hydrologic Balance: Groundwater Protection
Texas proposes to remove the exiting provisions at TCMR 816.348 (a)
and (b) and to add the following provisions.
In order to protect the hydrologic balance, surface mining
activities shall be conducted according to the plan approved under
Section 780.146 of this Chapter and the following:
(a) Ground-water quality shall be protected by handling earth
materials and runoff in a manner that minimizes acidic, toxic, or other
harmful infiltration to ground-water systems and by managing
excavations and other disturbances to prevent or control the discharge
of pollutants into the ground water.
(b) Ground-water quantity shall be protected by handling earth
materials and runoff in a manner that will restore the approximate
premining recharge capacity of the reclaimed area as a whole, excluding
coal mine waste disposal areas and fills, so as to allow the movement
of water to the ground-water system.
26. TCMR 816.349 Hydrologic Balance: Surface Water Protection
Texas proposes to change the title of TCMR 816.349 from
``Hydrologic Balance: Protection of Ground Water Recharge Capacity'' to
``Hydrologic Balance: Surface Water Protection.'' Texas, also, proposes
to remove the existing provisions at TCMR 816.349 and to add the
following provisions.
In order to protect the hydrologic balance, surface mining
activities shall be conducted according to the plan approved under
Section 781.146 of this Chapter, and the following:
(a) Surface-water quality shall be protected by handling earth
materials, ground-water discharges, and runoff in a manner that
minimizes the formation of acidic or toxic drainage; prevents, to the
extent possible using the best technology currently available,
additional contribution of suspended solids to streamflow outside the
permit area; and otherwise prevents water pollution. If drainage
control, restabilization and revegetation of disturbed areas, diversion
of runoff, mulching, or other reclamation and remedial practices are
not adequate to meet the requirements of this section and Section
816.340, the operator shall use and maintain the necessary water-
treatment facilities or water controls.
(b) Surface-water quality and flow rates shall be protected by
handling earth materials and runoff in accordance with the steps
outlined in the plan approved under Section 780.146 of this Chapter.
27. TCMR 816.350 (Surface) and TCMR 817.519 (Underground) Hydrologic
Balance: Surface and Ground Water Monitoring
Texas proposes to remove the existing provisions at TCMR 816.350
(a) and (b) and 817.519 (a) and (b) and to add the following new
provisions. Any differences between the surface and underground mining
regulations are shown with the underground language bracketed.
(a) Ground water. (1) Ground-water monitoring shall be conducted
according to the ground water monitoring plan approved under Section
780.146(b) [784.188(b)] of this Chapter. The Commission may require
additional monitoring when necessary. (2) Ground-water monitoring data
shall be submitted every 3 months to the Commission or more frequently
as prescribed by the Commission. Monitoring reports shall include
analytical results from each sample taken during the reporting period.
When the analysis of any ground-water sample indicates noncompliance
with the permit conditions, then the operator shall promptly notify the
Commission and immediately take the action provided for in Section
786.221(a) and 780.146(a) [786.221(a) and 784.188(a)] of this Chapter.
(3) Ground-water monitoring shall proceed through mining and continue
during reclamation until bond release. Consistent with the procedures
of Part 786 of this Chapter, the Commission may modify the monitoring
requirements, including the parameters covered and the sampling
frequency, if the operator demonstrates, using the monitoring data
obtained under this Paragraph, that--(i) The operation has minimized
disturbance to the hydrologic balance in the permit and adjacent areas
and prevented material damage to the hydrologic balance outside the
permit area; water quantity and quality are suitable to support
approved postmining land uses; and the water rights of other users have
been protected or replaced; or (ii) Monitoring is no longer necessary
to achieve the purposes set forth in the monitoring plan approved under
Section 780.146(b) [784.188(b)] of this Chapter. (4) Equipment,
structures, and other devices used in conjunction with monitoring the
quality and quantity of ground water onsite and offsite shall be
properly installed, maintained, and operated and shall be removed when
no longer needed.
(b) Surface water. (1) Surface water monitoring shall be conducted
according to the surface water monitoring plan approved under Section
780.146(c) [784.188(c)] of this Chapter. The Commission may require
additional monitoring when necessary. (2) Surface water monitoring data
shall be submitted every 3 months to the Commission or more frequently
as prescribed by the Commission. Monitoring reports shall include
analytical results from each sample taken during the reporting period.
When the analysis of any surface water sample indicates noncompliance
with the permit conditions, then the operator shall promptly notify the
Commission and immediately take the action provided for in Section
786.221(a) and 780.146(a) [784.188(a)] of this Chapter. The reporting
requirements of this paragraph do not exempt the operator from meeting
any National Pollutant Discharge Elimination System (NPDES)
requirements. (3) Surface water monitoring shall proceed through mining
and continue during reclamation until bond release. Consistent with the
procedures of Part 786 of this Chapter, the Commission may modify the
monitoring requirements, except those required by the NPDES permitting
authority, including the parameters covered and the sampling frequency,
if the operator demonstrates, using the monitoring data obtained under
this paragraph, that--(i) The operation has minimized disturbance to
the hydrologic balance in the permit and adjacent areas and prevented
material damage to the hydrologic balance
[[Page 54630]]
outside the permit area; water quantity and quality are suitable to
support approved postmining land uses; and the water rights of other
users have been protected or replaced; or (ii) monitoring is no longer
necessary to achieve the purposes set forth in the monitoring plan
approved under Section 780.146(c) [784.188(c)] of this Chapter. (4)
Equipment, structures, and other devices used in conjunction with
monitoring the quality and quantity of surface water onsite and offsite
shall be properly installed, maintained, and operated and shall be
removed when no longer needed.
28. TCMR 816.355 (Surface) and TCMR 817.524 (Underground) Hydrologic
Balance: Stream Buffer Zones
Texas proposes to remove the existing provisions at TCMR 816.355
(a) through (c) and 817.524 (a) through (c) and to replace them with
the following provisions. Any differences between the surface and
underground mining regulations are shown with the underground language
bracketed.
(a) No land within 100 feet of a perennial stream or an
intermittent stream shall be disturbed by surface mining activities,
unless the Commission specifically authorizes surface mining activities
closer to, or through, such a stream. The Commission may authorize such
activities only upon finding that--(1) Surface mining activities will
not cause or contribute to the violation of applicable State or Federal
water quality standards, and will not adversely affect the water
quantity and quality or other environmental resources of the stream;
and (2) If there will be a temporary or permanent stream-channel
diversion, it will comply with Section 816.341 [817.511].
(b) The area not to be disturbed shall be designated as a buffer
zone, and the operator shall mark it as specified in Section 816.330
[817.500].
29. TCMR 816.358 Use of Explosives: Pre-Blasting Survey
Texas proposes to add the italicized language shown in the
following existing provision: Assessments of structures such as
pipelines, pipes, cables, transmission lines, cisterns, wells and other
water systems warrant special attention; however, assessment of these
structures may be limited to surface conditions and other readily
available data.
30. TCMR 816.376 Coal Mine Waste: Dams and Embankments: General
Requirements
a. Texas proposes to change the title of TCMR 816.376 from ``Coal
Processing Waste: Dams and Embankments: General Requirements'' to Coal
Mine Waste: Dams and Embankments: General Requirements.''
b. At TCMR 816.376(a), Texas proposes to replace the word
``processing'' with the word ``mine'' in two places.
c. At TCMR 816.376(b), Texas proposes to add the term ``coal mine''
before the term ``waste'' in two places, and to replace the reference
to ``Section .378(a)'' with a reference to ``this Part.''
31. TCMR 816.377 Coal Mine Waste: Dams and Embankments: Site
Preparation
a. Texas proposes to change the title of TCMR 816.377 from ``Coal
Processing Waste: Dams and Embankments: Site Preparation'' to ``Coal
Mine Waste: Dams and Embankments: Site Preparation.''
b. Texas proposes to replace the word ``processing'' with the word
``mine'' in the introductory sentence of TCMR 816.377.
32. TCMR 816.378 Coal Mine Waste: Dams and Embankments: Design and
Construction
a. Texas proposes to change the title of TCMR 816.378 from ``Coal
Processing Waste: Dams and Embankments: Design and Construction'' to
``Coal Mine Waste: Dams and Embankments: Design and Construction.''
b. At TCMR 816.378(a), Texas proposes to replace the word
``processing'' with the word ``mine'' and to change the Section
reference to ``.347(a) and (c).''
33. TCMR 816.390 Revegetation: General Requirements
At TCMR 816.390, Texas added new Paragraph (b)(5) which requires
that the reestablished plant species (i) [b]e capable of self-
generation and plant succession; (ii) [b]e compatible with the plant
and animal species of the area; and (iii) [m]eet the requirements of
applicable State and Federal seed, poisonous and noxious plant, and
introduced species laws or regulations.
34. TCMR 816.395 (Surface) and TCMR 817.560 (Underground) Revegetation:
Standards for Success
a. Texas proposes to revise the previously proposed provision at
TCMR 816.395(a)(1) and 817.560(a)(1) by requiring that standards for
success and statistically valid sampling techniques for measuring
success be selected by the Commission.
b. Texas proposes to remove the previously proposed language at
TCMR 816.395(c)(4) and 817.560(c)(4) and to add the following new
language.
(4) The Commission may approve selective husbandry practices,
excluding augmented seeding, fertilization, or irrigation, provided it
obtains prior approval from the Director, Office of Surface Mining
Reclamation and Enforcement in accordance with CFR 732.17 that the
practices are normal husbandry practices, without extending the period
of responsibility for revegetation success and bond liability if such
practices can be expected to continue as part of the postmining land
use or if the discontinuance of the practices will not reduce the
probability of permanent revegetation success. Approved practices shall
be normal husbandry practices within the region for unmined land uses
similar to the approved postmining land use of the disturbed area,
including such practices as disease, pest, and vermin control; and any
pruning, reseeding, and transplanting, specifically necessary by such
actions.
35. TCMR 816.405 (Surface) and TCMR 817.574 (Underground) Roads: Class
I: Maintenance
a. At TCMR 816.405(a) and 817.574(a), Texas proposes to remove the
previously proposed revisions to the existing provision and to add the
phrase ``and any additional criteria specified by the Commission'' at
the end of the existing provision.
b. At TCMR 816.405(b) and 817.574(b), Texas proposes to replace the
existing second sentence with the following language.
This includes maintenance to control or prevent erosion,
siltation, and the air pollution attendant to erosion, including
road dust as well as dust occurring on other exposed surfaces, by
measures such as vegetating, watering, using chemical or other dust
suppressants, or otherwise stabilizing all exposed surfaces in
accordance with prudent engineering practices.
36. TCMR 816.406 (Surface) and TCMR 817.575 (Underground) Roads: Class
I: Restoration
a. Texas proposes to revise the previously proposed language of
TCMR 816.406(a)(4) and 817.575(a)(4) as follows.
(4) Removing or otherwise disposing of road-surfacing materials
that are incompatible with the postmining land use and revegetation
requirements;
b. At TCMR 816.406(a)(10) [existing (a)(9)], Texas proposes to
change the
[[Page 54631]]
Section reference from .337(b) to .334-.338.
37. TCMR 816.412 (Surface) and TCMR 817.581 (Underground) Roads: Class
II: Maintenance
At TCMR 816.412(a) and 817.581(a), Texas proposes to remove the
previously proposed revisions and to add the language ``entire
transportation'' before the word ``facility'' and to add the language
``and any additional criteria specified by the Commission'' at the end
of the provision.
38. TCMR 816.413 Roads: Class II: Restoration
a. Texas proposes to revise the previously proposed language of
TCMR 816.413(a)(4) as follows:
(4) Removing or otherwise disposing of road-surfacing materials
that are incompatible with the postmining land use and revegetation
requirements;
b. At TCMR 816.413(a)(10) [existing (a)(9)], Texas proposes to
change the Section reference from .337(b) to .334-.338.
39. TCMR 816.420 Roads: Class III: Restoration
a. Texas proposes to revise the previously proposed language of
TCMR 816.420(d) as follows.
(d) Removing or otherwise disposing of road-surfacing materials
that are incompatible with the postmining land use and revegetation
requirements;
b. At TCMR 816.420(i) [exiting (h)], Texas proposes to change the
Section reference from .337(b) to .334-.338.
40. TCMR 817.535 Coal Mine Waste Banks: General Requirements
a. Texas proposes to change the title of TCMR 817.535 from ``Coal
Processing Waste Banks: General Requirements'' to Coal Mine Waste
Banks: General Requirements.''
b. Texas proposes to add the following new provision at TCMR
817.535(c).
The disposal facility shall be designed using current, prudent
engineering practices and shall meet any design criteria established
by the Commission. A qualified registered professional engineer,
experienced in the design of similar earth and waste structures,
shall certify the design of the disposal facility.
41. TCMR 817.538 Coal Mine Waste Banks: Construction Requirements
Texas proposes to change the title of TCMR 817.538 from ``Coal
Processing Waste Banks: Construction Requirements'' to Coal Mine Waste
Banks: Construction Requirements.''
42. TCMR 817.543 Coal Mine Waste: Dams and Embankments: General
Requirements
a. Texas proposes to change the title of TCMR 817.543 from ``Coal
Processing Waste: Dams and Embankments: General Requirements'' to Coal
Mine Waste: Dams and Embankments: General Requirements.''
b. At TCMR 817.543(a), Texas proposes to replace the word
``processing'' with the word ``mine'' in two places.
c. At TCMR 817.543(b), Texas proposes to add the term ``coal mine''
before the term ``waste'' in two places, and to replace the reference
to ``Section .545(a)'' with a reference to ``this Part.''
43. TCMR 817.544 Coal Mine Waste: Dams and Embankments: Site
Preparation
a. Texas proposes to change the title of TCMR 817.544 from ``Coal
Processing Waste: Dams and Embankments: Site Preparation'' to ``Coal
Mine Waste: Dams and Embankments: Site Preparation.''
b. Texas proposes to replace the word ``processing'' with the word
``mine'' in the introductory language.
44. TCMR 817.545 Coal Mine Waste: Dams and Embankments: Design and
Construction
a. Texas proposes to change the title of TCMR 817.545 from ``Coal
Processing Waste: Dams and Embankments: Design and Construction'' to
``Coal Mine Waste: Dams and Embankments: Design and Construction.''
b. At TCMR 817.545(a), Texas proposes to replace the word
``processing'' with the word ``mine'' and to change the Section
reference to ``.517(a) and (c).''
45. TCMR 817.555 Revegetation: General Requirements
At TCMR 817.555, Texas added new Paragraph (b)(5) which requires
that the reestablished plant species (i) [b]e capable of stabilizing
the soil surface erosion; (ii) [b]e compatible with the plant and
animal species of the area; and (iii) [m]eet the requirements of
applicable State and Federal seed, poisonous and noxious plant, and
introduced species laws or regulations.
46. TCMR 817.575 Roads: Class I: Restoration
a. Texas proposes to revise the previously proposed language of
TCMR 817.575(a)(4) as follows.
(4) Removing or otherwise disposing of road-surfacing materials
that are incompatible with the postmining land use and revegetation
requirements;
b. At TCMR 817.575(a)(10) [existing (a)(9)], Texas proposes to
change the Section references from .507(b) to 817.504-817.508 and from
.561 to .555-.560.
47. TCMR 817.582 Roads: Class II: Restoration
a. Texas proposes to revise the previously proposed language of
TCMR 817.582(a)(4) as follows.
Removing or otherwise disposing of road-surfacing materials that
are incompatible with the postmining land use and revegetation
requirements;
b. At TCMR 817.582(a)(10) [existing (a)(9)], Texas proposes to
change the Section references from .507(b) to 817.504-817.508 and from
.561 to .555-.560.
48. TCMR 817.584 Roads: Class III: Location
At TCMR 817.584(d), Texas proposes to replace the word
``constructed'' with the word ``located.''
49. TCMR 817.589 Roads: Class III: Restoration
a. Texas proposes to revise the previously proposed language of
TCMR 817.589(d) as follows.
Removing or otherwise disposing of road-surfacing materials that
are incompatible with the postmining land use and revegetation
requirements;
b. At TCMR 817.589(i) [existing (h)], Texas proposes to change the
Section references from .507(b) to .504-.508 and from .561 to .555-
.560.
50. TCMR 846.001 Definitions--Individual Civil Penalties
At TCMR 846.001(2), Texas proposes to add the language ``except an
order incorporated in a decision issued under Section 30(b) of the
Act'' at the end of the sentence.
51. TCMR 850.702 General Requirements
Texas proposes to remove existing TCMR 850.702(e).
52. TCMR 850.704 Training Courses
At TCMR 850.704(b), Texas proposes to replace the word ``courses''
with the word ``subjects.''
53. Revegetation Guidelines
Texas submitted a proposed technical guidance document entitled
``Field Sampling Procedures for Determining Groundcover, Productivity,
and Woody-Plant Stocking Success of Reclaimed Surface Mined Land Uses;
Revegetation Success Standards for Reclaimed Surface Mined Land Uses;
and Normal Husbandry Practices on Unmined Land''
[[Page 54632]]
dated August 31, 1995. The document contains the following sections.
Procedures for Determining Ground Cover and Woody-Plant Stocking
This section contains a description of the process for establishing
transects; a description for determining the placement and measurement
of sample points for herbaceous vegetation; and a description for
determining the placement and measurement of sample plots for woody
plants (trees, shrubs, half shrubs, and vines). It also requires that
all permanent ground cover and woody-plant count evaluations be
conducted during the growing season.
Methods To Measure Herbaceous and Crop Productivity
This section contains four methods for measuring herbaceous and
crop productivity. These include whole-field harvest; clipping method;
double sampling method; and grazing method.
Success Standards for Ground Cover, Productivity, and Stocking
This section contains standards for ground cover; forage and
herbaceous productivity for pastureland, grazingland, and undeveloped
land use; crop productivity; prime farmland productivity; and woody-
plant stocking.
Normal Husbandry Practices
This section contains the following language.
Approved husbandry practices for postmine lands bonded under the
extended liability period are the normal husbandry practices within
the region for unmined lands having the same land uses as the
approved postmining land uses. Normal husbandry practices are the
normal conservation practices that can be expected to continue as
part of the approved postmine land use after final bond release.
Normal husbandry practices for unmined lands within the region
having the same land uses as the approved postmine land use may
include management practices at levels recommended by the U.S.
Department of Agriculture Natural Resource Conservation Service
(NRCS), the Texas Forest Service, and the Texas Parks and Wildlife
Department.
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Texas program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Tulsa Field Office will not
necessarily be considered in the final rulemaking or included in the
Administrative Record.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.s.t., on November 9, 1995. The location and time of the hearing will
be arranged with those persons requesting the hearing. If no one
requests an opportunity to speak at the public hearing, the hearing
will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Any disabled individual who has need for a special accommodation to
attend a public hearing should contact the individual listed under FOR
FURTHER INFORMATION CONTACT.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12778
The Department of the Interior has conducted the reviews required
by section 2 of Executive Order 12778 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collections requirements
that require approval by OMB under the Paperwork Reduction Act (44
U.S.C. 3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
[[Page 54633]]
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 17, 1995.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 95-26402 Filed 10-24-95; 8:45 am]
BILLING CODE 4310-05-M
