[Federal Register Volume 61, Number 22 (Thursday, February 1, 1996)]
[Proposed Rules]
[Pages 3628-3631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1990]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 943
[SPATS No. TX-029-FOR]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the Texas
regulatory program (hereinafter the ``Texas program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA). The
proposed amendment consists of revisions to the Texas Coal Mining
Regulations pertaining to road systems, support facilities, and utility
installations. The amendment is intended to revise the Texas program to
be consistent with the corresponding Federal regulations and
incorporate the additional flexibility afforded by the revised Federal
regulations.
DATES: Written comments must be received by 4:00 p.m., c.s.t., March 4,
1996. If requested, a public hearing on the proposed amendment will be
held on February 26, 1996. Requests to speak at the hearing must be
received by 4:00 p.m., c.s.t., on February 16, 1996.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Jack R. Carson, Acting Director, Tulsa
Field Office, at the address listed below.
Copies of the Texas program, the proposed amendment, a listing of
any scheduled public hearings, and all written comments received in
response to this document 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.
Surface Mining and Reclamation Division, Railroad Commission of Texas,
1701 North Congress Avenue, P.O. Box 12967, Austin, Texas, 78711-2967,
Telephone: (512) 463-6900.
FOR FURTHER INFORMATION CONTACT: 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 can be found at 30 CFR 943.10, 943.15, and 943.16.
II. Description of the Proposed Amendment
By letter dated December 20, 1995 (Administrative Record No. TX-
608), Texas submitted a proposed amendment to its program pursuant to
SMCRA. Texas submitted the proposed amendment in response to a February
21, 1990, letter (Administrative Record No. TX-476) that OSM sent to
Texas in accordance with 30 CFR 732.17(c) and at its own initiative.
The provisions of the Texas Coal Mining Regulations (TCMR) that Texas
proposes to amend are TCMR 708.008(71), definition of road; 780.154,
road systems and support facilities; 816.400-403, roads, primary roads,
utility installations, and support facilities (surface); 784.198, road
systems and support facilities (underground); 817-569-572, roads,
primary roads, utility installation, and support facilities
(underground); 815.327, coal exploration performance standards; and
827.651, coal processing plants performance standards.
1. TCMR 701.008(71), Definition of Road.
Texas proposes to revise its definition of road to read as follows.
``Road'' means a surface right-of-way for purposes of travel by
land vehicles used in surface coal mining and reclamation operations
or coal exploration. A road consists of the entire area within the
right-of-way, including the roadbed, shoulders, parking and side
areas, approaches, structures, ditches, and surface. The term
includes access and haulroads constructed, used, reconstructed,
improved, or maintained for use in surface coal mining and
reclamation operations or coal exploration, including use by coal-
hauling vehicles to and from transfer, processing, or storage areas.
The term does not include ramps and routes of travel within the
immediate mining area or within spoil or coal mine waste disposal
areas.
2. TCMR 780.154 (Surface Mining) and 784.198 (Underground Mining),
Road Systems and Support Facilities.
Texas proposes to remove its currents provisions at TCMR 780.154
for surface mining operations and TCMR 784.198 for underground mining
operations, entitled Transportation Facilities, and replace them with
the following provisions, entitled Road Systems and Support Facilities.
Significant differences between the surface and underground regulations
are shown with the underground language in brackets.
(a) Plans and drawings. Each applicant for a surface [an
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 Section 816.400(d)(1) [817.569(d)(1)] of this chapter;
(3) Contain the drawings and specifications for each proposed ford
of perennial or intermittent streams that is
[[Page 3629]]
used as a temporary route, as necessary for approval of the ford by the
Commission in accordance with Section 816.401(c)(2) [817.570(c)(2)] of
this chapter;
(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 Section 816.401(d)(5) [817.570(d)(5)] of this
chapter;
(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
Section 816.401(d)(6) [817.570(d)(6)] of this chapter; and
(6) Describe the plans to remove and reclaim each road that would
not be retained under an approved postmining land use, and the schedule
for this removal and reclamation.
(b) Primary road certification. The plans and drawings for each
primary 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.
(c) Support Facilities. Each applicant for a surface [underground]
coal mining and reclamation permit shall submit a description, plans,
and drawings for each support facility to be constructed, used, or
maintained within the proposed permit area. The plans and drawings
shall include a map, appropriate cross sections, design drawings, and
specifications sufficient to demonstrate compliance with Section
816.403 [817.572] of this chapter for each facility.
3. Texas proposes to repeal its current regulations pertaining to
roads, other transportation facilities, support facilities, and utility
installations at TCMR 816.400 through 422 for surface mining operations
and at TCMR 817.569 through 591 for underground mining operations.
4. TCMR 816.400 (Surface Mining) and TCMR 817.569 (Underground
Mining), Roads: General.
At TCMR 816.400 for surface mining operations and TCMR 817.569 for
underground mining operations, Texas proposes the following new
provisions pertaining to general requirements for roads. Differences
between the surface and underground regulations are shown with the
underground language in brackets.
(a) Road classification system.
(1) Each road, as defined in Section 701.008 of this chapter, shall
be classified as either a primary road or an ancillary road.
(2) A primary road is any road which is:
(i) Used for transporting coal or spoil;
(ii) Frequently used for access or other purposes for a period in
excess of six months; or
(iii) To be retained for an approved postmining land use.
(3) An ancillary road is any road not classified as a primary road.
(b) Performance standards. Each road shall be located, designed,
constructed, reconstructed, used, maintained, and reclaimed so as to :
(1) 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 current, prudent engineering
practices;
(2) Control or prevent damage to fish, wildlife, or their habitat
and related environmental values;
(3) Control or prevent additional contributions of suspended solids
to stream flow or runoff outside the permit area;
(4) Neither cause nor contribute to, directly or indirectly, the
violation of State or Federal water quality standards applicable to
receiving waters;
(5) Refrain from seriously altering the normal flow of water in
streambeds or drainage channels;
(6) Prevent or control damage to public or private property,
including the prevention or mitigation of adverse effects on lands
within the boundaries of units of the National Park System, the
National Wildlife Refuge System, the National System of Trails, the
National Wilderness Preservation System, the Wild and Scenic Rivers
System, including designated study rivers, and National Recreation
Areas designated by Act of Congress; and
(7) Use nonacid- and nontoxic-forming substances in road surfacing.
(c) Design and construction limits and establishment of design
criteria. To ensure environmental protection appropriate for their
planned duration and use, including consideration of the type and size
of equipment used, the design and construction or reconstruction of
roads shall incorporate appropriate limits for grade, width, surface
materials, surface drainage control, culvert placement, and culvert
size, in accordance with current, prudent engineering practices, and
any necessary design criteria established by the Commission.
(d) Location.
(1) No part of any road shall be located in the channel of an
intermittent or perennial stream unless specifically approved by the
Commission in accordance with the applicable portions of Sections
816.339 through 816.355 [817.509 through 817.524] of this chapter.
(2) Roads shall be located to minimize downstream sedimentation and
flooding.
(e) Maintenance.
(1) A road shall be maintained to meet the performance standards of
this part and any additional criteria specified by the Commission.
(2) A road damaged by a catastrophic event, such as a flood or
earthquake, shall be repaired as soon as is practicable after the
damage has occurred.
(f) Reclamation. A road not to be retained under an approved
postmining land use shall be reclaimed in accordance with the approved
reclamation plan as soon as practicable after it is no longer needed
for mining and reclamation operations. This reclamation shall include:
(1) Closing the road to traffic;
(2) Removing all bridges and culverts unless approved as part of
the postmining land use;
(3) Removing or otherwise disposing of road-surfacing materials
that are incompatible with the postmining land use and revegetation
requirements;
(4) Reshaping cut and fill slopes as necessary to be compatible
with the postmining land use and to complement the natural drainage
pattern of the surrounding terrain;
(5) Protecting the natural drainage patterns by installing dikes or
cross drains as necessary to control surface runoff and erosion; and
(6) Scarifying or ripping the roadbed; replacing topsoil or
substitute material, and revegetating disturbed surfaces in accordance
with Sections 816.334 through 816.338 and 816.390 through 816.396
[817.504 through 817.508 and 817.555 through 817.561] of this chapter.
5. TCMR 816.401 (Surface Mining) and TCMR 817.570 (Underground
Mining), Primary Roads.
At TCMR 816.401 for surface mining operations and 817.570 for
underground mining operations, Texas proposes the following new
provisions pertaining to primary roads. Differences between the surface
and underground regulations are shown with the underground language in
brackets.
Primary roads shall meet the requirements of Section 816.400
[[Page 3630]]
[817.569] and the additional requirements of this section.
(a) Certification. The construction or reconstruction of primary
roads shall be certified in a report to the Commission by a qualified
registered professional engineer [with experience in the design and
construction or roads]. The report shall indicate that the primary road
has been constructed or reconstructed as designed and in accordance
with the approved plan.
(b) Safety Factor. Each primary road embankment shall have a
minimum static factor of 1.3 or meet the requirements established under
Section 780.154 [784.198] of this chapter.
(c) Location.
(1) To minimize erosion, a primary road shall be located, insofar
as is practicable, on the most stable available surface.
(2) Fords of perennial or intermittent streams by primary roads are
prohibited unless they are specifically approved by the Commission as
temporary routes during periods of road construction.
(d) Drainage control. In accordance with the approved plan:
(1) Each primary road shall be constructed or reconstructed, and
maintained to have adequate drainage control, using structures such as,
but not limited to bridges, ditches, cross drains, and ditch relief
drains. The drainage control system shall be designed to safely pass
the peak runoff from a 10-year, 6-hour precipitation event, or greater
event as specified by the Commission;
(2) Drainage pipes and culverts shall be installed as designed, and
maintained in a free and operating condition and to prevent or control
erosion at inlets and outlets;
(3) Drainage ditches shall be constructed and maintained to prevent
uncontrolled drainage over the road surface and embankment;
(4) Culverts shall be installed and maintained to sustain the
vertical soil pressure, the passive resistance of the foundation, and
the weight of vehicles using the road;
(5) Natural stream channels shall not be altered or relocated
without the prior approval of the Commission in accordance with
applicable Sections 816.339 through 816.355 [817.509 through 817.524]
of this chapter; and
(6) Except as provided in paragraph (c)(2) of this Section,
structures for perennial or intermittent stream channel crossings shall
be made using bridges, culverts, low-water crossings, or other
structures designed, constructed, and maintained using current, prudent
engineering practices. The Commission shall ensure that low-water
crossings are designed, constructed, and maintained to prevent erosion
of the structure or streambed and additional contributions of suspended
solids to steamflow.
(e) Surfacing. Primary roads shall be surfaced with material
approved by the Commission as being sufficiently durable for the
anticipated volume of traffic and the weight and speed of vehicles
using the road.
6. TCMR 816.402 (Surface Mining) and TCMR 817.571 (Underground
Mining), Utility Installations.
At TCMR 816.402 for surface mining operations and TCMR 817.571 for
underground mining operations, Texas proposes the following new
provision pertaining to utility installations. There is no difference
in the language of the surface and underground regulations.
All surface coal mining operations [underground mining activities]
shall be conducted in a manner which minimizes damage, destruction, or
disruption of services provided by oil, gas, and water wells; oil, gas,
and coal-slurry pipelines; railroads; electric and telephone lines; and
water and sewage lines which pass over, under, or through the permit
area, unless otherwise approved by the owner of those facilities and
the Commission.
7. TCMR 816.403 (Surface Mining) and TCMR 817.572 (Underground
Mining), Support Facilities.
At TCMR 816.403 for surface mining operations and TCMR 817.572 for
underground mining operations, Missouri proposes the following new
provisions pertaining to support facilities. There is no difference in
the language of the surface and underground regulations.
(a) Support facilities shall be operated in accordance with a
permit issued for the mine or coal preparation operation to which it is
incident or from which its operation results.
(b) In addition to the other provisions of this part, support
facilities shall be located, maintained, and used in a manner that:
(1) Prevents or controls erosion and siltation, water pollution,
and damage to public or private property; and
(2) to the extent possible using the best technology currently
available--
(i) Minimizes damage to fish, wildlife, and related environmental
values; and
(ii) Minimizes additional contributions of suspended solids to
streamflow or runoff outside the permit area. Any such contributions
shall not be in excess of limitations of State or Federal law.
8. TCMR 815.327, Performance Standards For Coal Exploration.
Texas proposes to remove the existing language in subsections
(c)(1) through (c)(4) and replace it with the following language.
(c) All roads or other transportation facilities used for coal
exploration shall comply with the applicable provisions of Sections
816.400 (b) through (f), 816.402, and 816.403 of this chapter.
9. TCMR 827.651, Coal Processing Plants: Performance Standards.
1. At TCMR 827.651(b), Texas proposes to change the sections
referenced from ``400-.422'' to ``816.400 and 816.401 of this
chapter.''
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 February 16, 1996. The location and time of the hearing will
be arranged with those persons requesting the hearing. 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. 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
[[Page 3631]]
audience who wish to speak have been heard.
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 collection 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.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 25, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-1990 Filed 1-31-96; 8:45 am]
BILLING CODE 4310-05-M
