[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Proposed Rules]
[Pages 29249-29252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13809]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SPATS No. TX-041-FOR]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of an amendment to the Texas regulatory program
(Texas program) under the Surface Mining Control and Reclamation Act of
1977 (SMCRA). Texas proposes to add revegetation success and normal
husbandry practice guidelines to its program. Texas intends to revise
its program to ensure that adequate data collection methods are used
for determining revegetation success for purposes of releasing
reclamation performance bonds and to ensure that the husbandry
practices used by the permittee during the period of responsibility for
revegetation success and bond liability are normal husbandry practices
within the region for unmined lands.
This document gives the times and locations that the Texas program
and the amendment to that program are available for your inspection,
the comment period during which you may submit written comments on the
amendment, and the procedures that we follow for the public hearing, if
one is requested.
DATES: We will accept written comments until 4 p.m., c.d.t., July 1,
1999. If requested, we will hold a public hearing on the amendment on
June 28, 1999. We will accept requests to speak at the hearing until
4:00 p.m., c.d.t. on July 16, 1999.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Michael C. Wolfrom, Director, Tulsa
Field Office, at the address listed below.
You may review copies of the Texas program, the amendment, a
listing of any scheduled public hearings, and all written comments
received in response to this document at the addresses listed below
during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the amendment by contacting
OSM's Tulsa Field Office.
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface
Mining, 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, Capitol Station, P. O. Box 12967, Austin,
Texas 78711-2967, Telephone: (512) 463-6900.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office. Telephone: (918) 581-6430.
Internet:mwolfrom@tokgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
On February 16, 1980, the Secretary of the Interior conditionally
approved the Texas program. You can find background information on the
Texas program, including the Secretary's findings, the disposition of
comments, and the conditions of approval in the February 27, 1980,
Federal Register (45 FR 12998). You can find later actions concerning
the Texas program at 30 CFR 943.10, 943.15, and 943.16.
II. Description of the Proposed Amendment
By letter dated May 13, 1999 (Administrative Record No. TX-649),
Texas sent us an amendment to its program under SMCRA. Texas sent the
amendment at its own initiative. The amendment includes a guidance
document on the procedures and standards for determining revegetation
success on surface-mined lands in Texas and a guidance document on the
normal husbandry practices that permittees are to use during the period
of responsibility for revegetation success and bond liability (extended
responsibility period). Below is a summary of the two documents. The
full text of the program amendment is available for your inspection at
the locations listed above under ADDRESSES.
1. Revegetation Success Guidelines: Procedures and Standards for
Determining Revegetation Success on Surface-Mined Lands in Texas
Texas is proposing a guideline document that describes the
procedures and standards for determining revegetation success on
reclaimed surface mined lands in Texas.
a. Section I contains introductory information. Revegetation
success must be demonstrated by using the revegetation standards and
statistically valid sampling techniques for measuring success contained
in the proposed guideline document. The use of the methods contained in
this guidance document by mining companies operating in Texas will
provide assurance that adequate data collection methods have been used
for determining revegetation success for purposes of releasing
reclamation performance bond funds. Mining companies may propose
alternative procedures for sampling and analysis of vegetation data.
However, the use of alternative methods must be approved by Texas, and
the alternative methods must be included in the approved regulatory
program.
b. Section II describes the regulatory requirements for meeting
revegetation
[[Page 29250]]
success under the Texas Surface Coal Mining and Reclamation Act at
sections 134.041, .092(a)(19) and (20), and .104 and the implementing
performance standards for revegetation success in the Texas Coal Mining
Regulations at Title 16, Texas Administrative Code (TAC) 12.390 through
12.395, and 12.399.
c. Section III identifies specific concepts and requirements to be
followed in developing revegetation evaluation plans.
d. Section IV provides the approved methods for implementing the
various evaluation methods for ground cover, productivity, and woody-
plant stocking, including the proper selection of observation points.
Measurement methods are presented for all vegetation parameters.
Measurement results must be compared to either approved reference areas
or technical success standards. Subsection A provides information on
the selection of observation points for collecting vegetation data.
Subsection B provides guidance on adjusting for field conditions when
conducting vegetation surveys. Subsection C provides guidelines for
ground cover measurements. Subsection D contains guidance for
measurement of productivity. Subsection E provides guidelines for woody
plant stocking. Subsection F contains guidance on selecting and
management of reference areas.
e. Section V lists the revegetation success standards for each land
use type and provides information on determining productivity of the
reclaimed areas. Nine general types of land use are included:
grazingland, pastureland, cropland, forestry, fish and wildlife
habitat, undeveloped land, industrial/commercial, residential, and
recreation. Subsection A provides guidelines relating to ground cover
and productivity standards for grazingland and pastureland. Subsection
B contains guidance on the ground cover and productivity standards for
cropland. Subsection C provides guidelines on the ground cover
standards and woody-plant stocking rates for the forestry land use
category. Subsection D contains guidance on ground cover standards and
woody-plant rates for fish and wildlife habitat. Subsection E provides
guidelines on ground cover standards and woody-plant stocking rates for
undeveloped land. Subsection F includes guidelines relating to ground
cover standards and woody-plant stocking rates for industrial/
commercial land uses. Subsection G provides guidance on ground cover
standards and woody-plant stocking rates for residential land uses.
Subsection H contains guidelines on ground cover standards and woody-
plant stocking rates for recreation land uses. Subsections A through H
include the steps to be followed for measurement and statistical
comparison when either reference areas or technical standards are used
as a measure for revegetation success. These subsections also contain
information on evaluating ground cover measurements in conjunction with
the species composition, when applicable.
f. Section VI provides a listing of the literature used in
developing the proposed guideline document. Appendix A contains the
statistical information, including equations and tables, to be used in
the determination of revegetation success for ground cover,
productivity, and woody-plant stocking. Appendix B provides a table
summarizing the revegetation success standards for all land uses. The
table in Appendix B includes the revegetation parameters, performance
standards, and conditions for bond release relating to each land use.
Appendix C contains examples of revegetation success determinations for
ground cover, productivity involving herbaceous biomass, and woody
plant stem counts. Attachment 1 is a document entitled ``The
Development of the Forage Production Standards for Post Mine Soils'' by
the United States Department of Agriculture--Natural Resources
Conservation Service (USDA-NRCS). Attachment 2 is a document entitled
``Texas Parks and Wildlife Department Recommendations for the
Development of Success Standards for Woody-Plant Stocking Rates.''
Attachment 3 is a document entitled ``Texas Forest Service
Recommendations for Reforestation of Pine and Hardwoods in Texas.''
2. Guidelines for Normal Husbandry Practices for Surface-Mined Lands in
Texas
Texas is proposing a guideline document that describes the
husbandry practices to be used by the permittee during the period of
responsibility for revegetation success and bond liability. These
practices are normal husbandry practices within the region for unmined
lands.
a. Section I contains introductory information. The guideline
document includes the normal husbandry practices that permittees must
use for disease and pest control, application of fertilizers,
application and incorporation of other soil amendments, and any other
necessary soil vegetation management activities on surface-mined lands
in Texas during the extended responsibility period. Husbandry practices
not included in this document may be considered augmentative in nature
and, if performed on land that is currently in the extended
responsibility period, may restart that period. The decision whether a
particular activity can be classified as a normal husbandry practice
will depend both on the regulatory requirements of the Texas Coal
Mining Regulations and the postmining land use. Texas discusses its
regulatory requirements in section II of the document.
b. Section III describes the conventions for normal husbandry
practices. Texas lists the following three conventions regarding normal
husbandry practices for surface-mined lands in Texas:
1. Normal husbandry practices are region-specific and include
activities performed by landowners managing lands not disturbed by
mining activities.
2. Normal husbandry practices are those activities that can
expected to continue as part of the postmining land use.
3. Discontinuance of the husbandry practices will not reduce the
probability of revegetation success.
Texas also provides examples of the applicability of the conventions
listed in items 1 and 3.
c. In section IV, Texas proposes normal husbandry practices for six
vegetative community postmining land uses defined in the Texas program:
grazingland, pastureland; cropland; forestry; fish and wildlife
habitat; and undeveloped land. The normal husbandry practices listed
for grazingland, pastureland, cropland, forestry, and fish and wildlife
habitat are divided into three general categories: general management
of soil and vegetation; addition of plant nutrients and other soil
amendments; and pest management. Reference documents defining the
normal husbandry practices for each category are listed. Texas
submitted copies of these reference documents to support its proposed
practices for disease and pest control, application of fertilizers,
application and incorporation of other soil amendments, and other
necessary soil vegetation management activities on surface-mined lands.
Because the definition of undeveloped land excludes any type of
management inputs during the extended responsibility period, Texas is
only allowing limited erosion repair for this land use.
d. In section V, Texas provides guidelines for erosion repair,
other damage repair, reseeding areas, overseeding, and restocking of
woody species. Texas also included a provision for regrading and
revegetation of areas
[[Page 29251]]
where temporary structures have been removed.
Texas may consider repair of erosion or other types of damage as a
normal husbandry practice, provided that the damage is not caused by a
lack of planning, design, or implementation of the mining and
reclamation plan. The total acreage of repaired areas cannot exceed
three contiguous acres or ten percent of the total land of the extended
responsibility area. In cases of erosion, repairs may be considered
non-augmentative if rill and gully damage was caused by precipitation
exceeding a 10-year/24-hour event or damage occurred before the first
two years of a 5-year extended responsibility period (areas with annual
precipitation >26 inches) or four years of a 10-year extended
responsibility period (areas with annual precipitation 26
inches). After the first two or four years, whichever is applicable,
total acreage for erosion repair cannot exceed one contiguous acre or
two percent of the total land of that extended responsibility area.
Texas will determine whether or not regrading and revegetation of
areas where temporary structures such as sediment ponds, roads, and
small diversions have been removed are non-augmentative on a case-by-
case basis. Areas that may pose significant potential for reclamation
problems will require a separate extended responsibility period.
Overseeding of winter cover crops and/or summer annuals, into
existing vegetation, is considered a normal husbandry practice.
Restocking of woody species is allowed, as long as the time and
quantity of restocking is in compliance with Texas' regulations at 16
TAC 12.395(b)(3)(B).
Reference documents defining the normal husbandry practices
relating to general management, addition of plant nutrients and other
soil amendments, and pest management for erosion repair and reseeded
areas are listed in this section. Texas submitted copies of these
reference documents to support these practices.
e. In section VI, Texas lists those activities that are considered
unacceptable husbandry practices. The activities include: reseeding of
areas devoid of vegetation due to acid mine soils; irrigation;
supplemental watering of herbaceous vegetation and supplemental
watering of large woody stock later than two years after planting; all
application and incorporation of alkaline amendments, except for non-
excessive application; and excessive application of plant nutrients.
If any of the listed practices are performed, the extended
responsibility period for the affected areas will restart. Texas does
not consider practices required to address problems that arise from
mining-related activities as normal husbandry practices. Texas will use
information from field inspection reports and mine-soil chemical
analysis data to evaluate unacceptable husbandry practices or
augmentation.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are requesting
comments on whether the proposed amendment satisfies the applicable
program approval criteria of 30 CFR 732.15. If we approve the
amendment, it will become part of the Texas program.
Written Comments
Your written comments should be specific and pertain only to the
issues proposed in this rulemaking. You should explain the reason for
any recommended change. In the final rulemaking, we will not
necessarily consider or include in the Administrative Record any
comments received after the time indicated under DATES or at locations
other than the Tulsa Field Office.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on July
16, 1999. We will arrange the location and time of the hearing with
those persons requesting the hearing. If you are disabled and need
special accommodations to attend a public hearing, contact the
individual listed under FOR FURTHER INFORMATION CONTACT. We will not
hold the hearing if no one requests an opportunity to speak at the
public hearing.
You should file a written statement at the time you request the
hearing. This will allow us 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. If
you are in the audience and have not been scheduled to speak and wish
to do so, you will be allowed to speak after those who have been
scheduled. We will end the hearing after all persons scheduled to speak
and persons present in the audience who wish to speak have been heard.
Public Meeting
If only one person requests an opportunity to speak at a hearing,
we may hold a public meeting, rather than a public hearing. If you wish
to meet with us to discuss the amendment, request a meeting by
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All
such meetings are open to the public and, if possible, we will post
notices of meetings at the locations listed under ADDRESSES. We will
also make a written summary of each meeting part of the Administrative
Record.
IV. Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) exempts this rule from
review under Executive Order 12866 (Regulatory Planning and Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (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 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 State regulatory programs and
program amendments 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
This rule does not require an environmental impact statement since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on 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
[[Page 29252]]
which is the subject of this rule is based upon corresponding 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. Therefore,
this rule will ensure that existing requirements previously published
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 corresponding
Federal regulations.
Unfunded Mandates
OSM has determined and certifies under the Unfunded Mandates Reform
Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of
$100 million or more in any given year on local, state, or tribal
governments or private entities.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: May 24, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-13809 Filed 5-28-99; 8:45 am]
BILLING CODE 4310-05-P
