[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]



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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.

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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