[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Notices]
[Pages 16607-16610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06088]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service

[Docket ID NRCS-2020-0001]


Notice of Proposed Revisions to the National Handbook of 
Conservation Practices for the Natural Resources Conservation Service

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice of availability; request for comment.

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SUMMARY: The Natural Resources Conservation Service (NRCS) is giving 
notice that it intends to issue a series of revised conservation 
practice standards in the National Handbook of Conservation Practices 
(NHCP). NRCS is also giving the public an opportunity to provide 
comments on specified conservation practice standards in NHCP.

DATES: We will consider comments that we receive by April 23, 2020.

ADDRESSES: We invite you to submit comments on this notice. In your 
comments, include the volume, date, and page number of this issue of 
the Federal Register. Comments may be submitted by any of the following 
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and search for docket ID NRCS-2020-0001. Follow the 
instructions for submitting comments.
     Mail, or Hand Delivery: Mr. Bill Reck, National 
Environmental Engineer, Conservation Engineering Division, U.S. 
Department of Agriculture, NRCS, 1400 Independence Avenue, South 
Building, Room 6136, Washington, DC 20250.
    NRCS will post all comments on http://www.regulations.gov.
    The copies of the proposed revised standards are available through 
http://www.regulations.gov by accessing Docket No. NRCS-2020-0001. 
Alternatively, the proposed revised standards can be downloaded or 
printed from http://go.usa.gov/TXye.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Reck, (202) 720-4485; or 
[email protected].

SUPPLEMENTARY INFORMATION: NRCS State Conservationists who choose to 
adopt these practices in their States will incorporate these practices 
into the respective electronic Field Office Technical Guide. These 
practices may be used in conservation systems that treat highly 
erodible land (HEL) or on land determined to be a wetland. Section 343 
of the Federal Agriculture Improvement and Reform Act of 1996 requires 
NRCS to make available for public review and comment all proposed 
revisions to conservation practice standards used to carry out HEL and 
wetland provisions of the law.
    The amount of the proposed changes varies considerably for each of 
the conservation practice standards addressed in this notice. To fully 
understand the proposed changes, individuals are encouraged to compare 
these changes with each standard's current version, which can be found 
at http://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/national/technical/cp/ncps/?cid=nrcs143_026849.
    NRCS is requesting comments on the following conservation practice 
standards: Access Road (Code 560); Amending Soil Properties with Gypsum 
Products (Code 333); Amendments for Treatment of Agricultural Waste 
(Code 591); Anionic Polyacrylamide (PAM) Application (Code 450); 
Aquaculture Pond (Code 397); Bivalve Aquaculture Gear and Biofouling 
Control (Code 400); Composting Facility (Code 317); Conservation Crop 
Rotation (Code 328); Cross Wind Trap Strips (Code 589); Dam (Code 402); 
Denitrifying Bioreactor (Code 605); Energy Efficient Building Envelope 
(Code 672); Energy Efficient Lighting System (Code 670); Field 
Operations Emissions Reduction (Code 376); Forage Harvest Management 
(Code 511); Grade Stabilization Structure (Code 410); Grassed Waterway 
(Code 412); Heavy Use Area Protection (Code 561); Herbaceous Weed 
Treatment (Code 315); Herbaceous Wind Barriers (Code 603); Irrigation 
Land Leveling (Code 464); Irrigation Pipeline (Code 430); Irrigation 
System, Microirrigation (Code 441); Irrigation Water Management (Code 
449); Lined Waterway or Outlet (Code 468); Livestock Pipeline (Code 
516); Livestock Shelter Structure (Code 576); Pasture and Hay Planting 
(Code 512); Prescribed Burning (Code 338); Pumping Plant (Code 533); 
Riparian Forest Buffer (Code 391); Rock Wall Terrace (Code 555); Row 
Arrangement (Code 557); Saline and Sodic Soil Management (Code 610); 
Saturated Buffer (Code 604); Spoil Disposal (Code 572); Spring 
Development (Code 574); Stormwater Runoff Control (Code 570); 
Streambank and Shoreline Protection (Code 580); Surface Drain, Field 
Ditch (Code 607);

[[Page 16608]]

Terrace (Code 600); Trails and Walkways (Code 575); Tree/Shrub Site 
Preparation (Code 490); Underground Outlet (Code 620); Vegetative 
Barrier (Code 601); Water Harvesting Catchment (Code 636); Watering 
Facility (Code 614); Water Well (Code 642); and Well Decommissioning 
(Code 351).
    The following are highlights of some of the proposed revisions to 
each standard:
    Access Road (Code 560): The standard was changed to better 
accommodate local conditions and drainage issues.
    Amending Soil Properties with Gypsum Products (Code 333): Deleted 
the word ``derived'' from the definition. Revised the Purpose section 
to reduce the wording and provide clarity. Added two purposes: Improve 
habitat for soil organisms and improve soil aggregate stability. Added 
new sentence to the Conditions Where Practice Applies section. Revised 
the Criteria section for active voice and clarity. Deleted the 
Additional Criteria to Reduce the Potential for Pathogen Transport. 
Wording change in the last sentence of the Additional Considerations to 
reduce dissolved phosphorus in surface water and ground water. Changed 
wording to active voice in the Operation and Maintenance section. 
Updated references in the Reference section.
    Amendments for Treatment of Agricultural Waste (Code 591): 
Formatting and writing style were updated to meet current agency 
requirements. Minor revisions were made for clarity and readability 
purposes. The section on validation of the product better defines the 
criteria used by NRCS to determine what amendments are used under this 
standard. References were updated.
    Anionic Polyacrylamide (PAM) Application (Code 450): Formatting and 
writing style were updated to meet current agency requirements. Moved 
the section ``safety and health'' from Consideration section to 
Criteria section.
    Aquaculture Pond (Code 397): A purpose was added on reducing and 
managing discharges. Controlling invasive mollusks was added to the 
Criteria section. ``Additional Criteria for Modifying Existing 
Aquaculture Ponds'' was added. Considerations on pond sizing and lining 
for improved disease control were added.
    Bivalve Aquaculture Gear and Biofouling Control (Code 400): There 
were no major changes to this standard. The definition was modified to 
add ``risk to species of concern.'' Two additional considerations were 
added regarding permits and licenses for beach access and operation of 
boats within shellfish operation. Plan map description was revised to 
reflect current ways to mark shellfish beds. A sub-bullet was added to 
record keeping in the Operation and Maintenance section. The References 
section was updated to delete outdated references and include new 
documents.
    Composting Facility (Code 317): The format of the document was 
converted to the new template and some language was added on general 
benefits of composting within the Considerations and Operations and 
Maintenance sections. The compost facility standard language was 
changed to emphasize soil health. There was some clarification of the 
language of roof runoff collection and potential leachate from the 
compost. A technical requirement was added to the standard to limit 
stack height to address potential spontaneous combustion safety hazard.
    Conservation Crop Rotation (Code 328): Minor edit to the definition 
to read ``A planned sequence of crops grown in the same location over a 
period of time (i.e., the rotation cycle).'' Added three new purposes 
(improve soil organic matter quality, improve soil aggregate stability, 
improve habitat for soil organisms) and associated criteria in response 
to the Farm Bill review. Removed the ``Provide food and cover habitat 
for wildlife, including pollinators forage and nesting'' purpose, as 
this is not a primary resource concern, but left the associated 
considerations section information. Removed reference to suitable 
substitute crops in the General Criteria section and added it as a 
bulleted item to the Plans and Specifications section. Added a new 
Consideration section titled ``Considerations to Improve Soil 
Moisture.''
    Cross Wind Trap Strips (Code 589): Reworded the Purpose section to 
clarify the purposes of the practice. Shortened the statement in the 
Conditions Where Practice Applies section. Edited the Considerations 
section to clarify the statements. Removed the Nutrient Application 
from the Plans and Specifications section. Formatting and writing style 
were updated to meet current agency requirements.
    Dam (Code 402): Formatting and writing style were updated to meet 
current agency requirements. Minor revisions were made for clarity and 
readability purposes.
    Denitrifying Bioreactor (Code 605): Minor revisions were made for 
clarity and readability purposes. Design criteria were simplified based 
on the latest research and field experience.
    Energy Efficient Building Envelope (Code 672): This document has 
been revised extensively. The name has been changed from ``Building 
Envelope Improvement'' to ``Energy Efficient Building Envelope'' to 
better reflect the improved energy efficiency purpose. The standard has 
been rewritten to better focus on energy efficiency criteria, fire 
safety, flexibility, and industry standards. The requirement for an 
ASABE S612 Type 2 energy audit has been revised to allow other 
assessment methods. Criteria was added to support prescriptive upgrades 
to simplify and streamline implementation of some instances of the 
practice. Additions were made to the Criteria and Considerations 
sections for greenhouses.
    Energy Efficient Lighting System (Code 670): This document has been 
revised extensively. The name has been changed from ``Lighting System 
Improvement'' to ``Energy Efficient Lighting System'' to better reflect 
the improved energy efficiency purpose. The standard has been rewritten 
to better focus on energy efficiency and energy conservation versus 
performance. The requirement for an American Society of Agricultural 
and Biological Engineers standard ASABE S612 Type 2 energy audit has 
been revised to allow other assessment methods. Criteria was added to 
support prescriptive upgrades to simplify and streamline implementation 
of some instances of the practice. Additions were made to the Criteria 
and Considerations sections for greenhouses and nurseries.
    Field Operations Emissions Reduction (Code 376): Changed the 
definition to ``Adjusting field operations and technologies to reduce 
emissions of particulate matter (PM) and oxides of nitrogen from field 
operations.'' Added the additional purpose of reduce emissions of 
oxides of nitrogen to cover the expanded definition. Changed the 
``Condition Where Practice Applies'' to ``This practice applies to 
cropland'' since another practice exists for performing these 
activities on other land uses and it is more appropriate to focus this 
practice on cropland.
    Forage Harvest Management (Code 511): Most changes were minor in 
nature. Added content to reflect current agency policies and science. 
The definition was reworded for improved clarity. Two new purposes were 
added including ``Optimizing soil microbial life and aggregate 
stability'' and ``Reduce soil compaction'' to address soil health 
resource concerns. The remaining purposes were reworded slightly for 
improved clarity. New additional criteria for the two new purposes were 
added. Considerations section was reworded for improved

[[Page 16609]]

clarity. Considerations section updated with valid new considerations. 
References were updated.
    Grade Stabilization Structure (Code 410): Formatting and writing 
style were updated to meet current agency requirements. Minor revisions 
were made for clarity and readability purposes.
    Grassed Waterway (Code 412): Minor revisions were made for clarity 
and readability purposes. Clarified the minimum design storm to use 
under the heading ``Stability'' in the Criteria section. Added 
clarification on the freeboard requirements in the Depth section of 
Criteria. Statements were added in the Considerations section on soil 
health management systems and organic agriculture to address comments 
received from the general Federal Register notice for review. Removed 
the requirement for a profile in the Plans and Specifications section 
to address a comment provided during the general Federal Register 
notice for review.
    Heavy Use Area Protection (Code 561): Simplified the definition to 
provide more flexibility to standard. Added reduce soil erosion as a 
purpose. Added the wording of relocation or treatment under the 
Considerations section to allow more flexibility in addressing the 
heavy use area resource concern. Changed name of Additional Criteria 
sections to better fit purpose statement.
    Herbaceous Weed Treatment (Code 315): One purpose statement was 
determined to be a duplicate and was deleted along with the additional 
criteria for that purpose. Terminology was changed to be consistent 
throughout the standard. An additional requirement was added to the 
Plans and Specifications section. A few wording changes were made for 
clarity and readability.
    Herbaceous Wind Barriers (Code 603): Added a brief sentence to the 
definition. Renamed the first purpose from soil erosion to wind 
erosion. Edited the Criteria section for verbiage and clarity. Moved a 
requirement within the ``Additional Criteria to Reduce Wind Erosion and 
Particulate Matter Emissions'' to ``General Criteria.'' Edited the 
Considerations section for verbiage. Listed the items in the Operation 
and Maintenance section as bulleted items.
    Irrigation Land Leveling (Code 464): Formatting and writing style 
were updated to meet current agency requirements. Added text to 
Criteria section to include responsibilities of the landowner and 
contractor to follow laws and regulations, obtain all necessary 
permits, and locate all utilities. Modified the standard to provide 
clarity to some requirements.
    Irrigation Pipeline (Code 430): Formatting and writing style were 
updated to meet current agency requirements. Supplementary ASTM 
references added. Maximum pressure relief valve activation pressure 
established to allow for congruency between industry standard practice, 
sound engineering practice, and NRCS Conservation Practice Standard. 
Requirement to install backflow prevention devices where chemicals are 
added in accordance with responsible governing body has been 
established.
    Irrigation System, Microirrigation (Code 441): Wording changes were 
made for clarity and readability. Provisions made for deficit 
irrigation. Standardized wording for injection of chemicals.
    Irrigation Water Management (Code 449): Wording changes were made 
for clarity and readability. Remote telemetry data systems with cloud-
based irrigation scheduling capabilities were added to the standard. 
Four supplementary publications were added to the References section 
corresponding to cutting-edge science-based technology. ``Condition 
Where Practice Applies'' section was simplified by removing policy 
statements. Criteria section was reordered to clarify criteria to use 
for timing of irrigation events and criteria to use for the volume of 
irrigation events.
    Lined Waterway or Outlet (Code 468): Added tractive stress as 
design method based on a literature review. Updated References section.
    Livestock Pipeline (Code 516): Revised language as needed to 
improve readability and clarity of the standard. No major technical 
changes were made, except the secondary purpose of ``Develop renewable 
energy systems'' was removed.
    Livestock Shelter Structure (Code 576): The definition and purpose 
for the standard made it clear that this practice is to protect animals 
from negative environmental factors and to improve the distribution of 
grazing animals. Provided clarity of minimum space needed based on 
specific animal type. Regarding wind shelters, provided guidance on 
stability analysis to ensure safety of producers and livestock. 
Multiple changes and additions were made throughout the standard.
    Pasture and Hay Planting (Code 512): The name was changed from 
``Forage and Biomass Planting'' to ``Pasture and Hay Planting'' to 
better convey NRCS' intending purpose of the practice. Changes were 
made to reflect current agency policy and science. Air quality was 
added as a Purpose. ``Produce feedstock for biofuel production'' was 
removed as a purpose. The purpose ``Improve soil and water quality'' 
was split into two purposes, ``Improve water quality'' and ``Improve 
Soil Health.'' The General Criteria section was updated to reflect the 
use of ecological site descriptions and forage suitability groups. 
Additional Criteria section was added for the three purposes added. The 
Considerations section was revised and updated to better represent the 
applicability of the standard. Plans and Specifications and References 
sections were updated to support the content and changes made.
    Prescribed Burning (Code 338): This standard was last revised in 
2010 and needed updating to reflect new policy and science. Definition 
was changed from controlled to planned to better reflect the practice. 
Added soil health to Purposes section. Criteria section changes 
included adding smoke management and reordered to reflect burn 
planning. Split Operations and Maintenance section to reflect the 
difference between during the burn and post burn. Added and updated 
References section.
    Pumping Plant (Code 533): Formatting and writing style were updated 
to meet current agency requirements. Moved a few sentences to more 
appropriate sections of the practice. Minor revisions were made for 
clarity and readability purposes. The ``Improve Air Quality'' purpose 
was removed as it is addressed in NRCS CPS Combustion System 
Improvement (Code 372). Also removed ``Additional Criteria for 
Improvement of Air Quality.'' This should make it clear that this 
standard is not for the purpose of replacing, repowering, or 
retrofitting a combustion engine.
    Riparian Forest Buffer (Code 391): Formatting and writing style 
were updated to meet current agency requirements. Minor revisions were 
made for clarity and readability purposes. The Purposes section was 
updated to better correlate with resource concerns. Criteria section 
was adjusted to match changes in purposes. The References section was 
updated.
    Rock Wall Terrace (Code 555): The name of the standard was changed 
from ``Rock Barrier'' to ``Rock Wall Terrace'' to more accurately 
describe the practice. The purposes were revised to reflect the 
conservation resource concerns for installing the practice. Editorial 
changes were made throughout the document to improve clarity and to 
remove the reference to the old practice name. Three figures were added 
to graphically display the information in the text. The option of 
allowing the drainage from the

[[Page 16610]]

terrace to outlet into a filtration area separately or in conjunction 
with an outlet channel was added. For a wall height greater than 3 
feet, a requirement to include a stability analysis was added.
    Row Arrangement (Code 557): Minor editorial changes to Purposes and 
Condition Where Practice Applies sections to provide clarity. The order 
of topics in Criteria section was changed to provide a better flow of 
information. Editorial changes were made to Considerations section to 
provide context and clarity. Reference was added.
    Saline and Sodic Soil Management (Code 610): The name of the 
standard has changed slightly from ``Salinity and Sodic Soil 
Management.'' Minor revisions were made for clarity and readability 
purposes. The Criteria section was reordered to better match criteria 
to intended purposes.
    Saturated Buffer (Code 604): Formatting and writing style were 
updated to meet current agency requirements. Moved a few sentences to 
more appropriate sections of the practice. Minor revisions were made 
for clarity and readability purposes. In ``Conditions Where Practice 
Applies,'' changes were made to expand the applicability of the 
standard by allowing the practice to be applied to subsurface drainage 
systems with surface inlets. If the system includes surface inlets, the 
practice applies only if the inlets are adequately protected to prevent 
entry of soil and debris capable of plugging the distribution pipes.
    Spoil Disposal (Code 572): Changed the name from ``Spoil 
Spreading'' and changed the units from acres to cubic feet. The 
Definition section was broadened to include all construction 
activities. The Purposes section was rewritten to align with resource 
concerns and the Criteria section was simplified.
    Spring Development (Code 574): Formatting and writing style were 
updated to meet current agency requirements. Moved text in Criteria 
section to better align with the subsections. Updated Plans and 
Specifications and Operation and Maintenance sections with concise 
text. Changed the Definitions section to exclude Purpose section 
language.
    Stormwater Runoff Control (Code 570): Changed the Definition to 
systems to control the quantity and quality of stormwater runoff. 
Reworded to remove flooding and clarify where the practice is used. 
Added emphasis for infiltration of precipitation for use in ground 
water recharge. Allowed other measures in addition to vegetative 
measures.
    Streambank and Shoreline Protection (Code 580): Formatting and 
writing style were updated to meet current agency requirements. Minor 
revisions were made for clarity and readability purposes. References 
were also updated.
    Surface Drain, Field Ditch (Code 607): Formatting and writing style 
were updated to meet current agency requirements. Updated Criteria 
section to include responsibilities of the landowner and contractor to 
follow laws and regulations, obtain all necessary permits, and locate 
all utilities.
    Terrace (Code 600): Minor revisions were made for clarity and 
readability purposes. Revised the Purpose section from ``retain runoff 
for moisture conservation'' to ``manage runoff'' which includes 
stormwater management. In General Criteria, the Alignment heading was 
moved to the top, slightly reworded, and NRCS CPS Contour Farming (Code 
330) was referenced. Topsoiling was moved from Criteria to 
Considerations section as it is not always required. Removed sentences 
on underground outlets because NRCS CPS Underground Outlet (Code 620) 
is referenced and that guidance is located there. Updated Consideration 
section on establishing temporary cover on disturbed areas that will 
cropped.
    Trails and Walkways (Code 575): Improved wording for clarity and 
readability. Added criteria for drain spacing and trail widths. 
Clarified what is to be provided in the Specifications section and 
updated the References section.
    Tree/Shrub Site Preparation (Code 490): Formatting and writing 
style were updated to meet current agency requirements. Minor revisions 
were made for clarity and readability purposes. Criteria section was 
updated to add for avoiding or mitigating soil damage and hydrologic 
impacts, and for evaluating pesticide risks. A new consideration was 
added, plans and Specifications section was expanded to align with 
conservation plan requirements, and Operations and Maintenance section 
was expanded to include safety plans for chemical exposure. The 
References section was also updated.
    Underground Outlet (Code 620): Minor rewording to improve 
readability. Clarified Criteria section on thrust blocking, bedding, 
and backfill requirements to evaluate for site-specific conditions. 
Revised Criteria section for maximum velocity in perforated drain 
tubing to 12 feet per second and maximum velocity in nonperforated pipe 
to follow manufacturer's recommendations. Under Outlet heading of the 
Criteria section, a table was added showing minimum lengths of outlet 
pipe required by pipe diameter. Considerations section was updated to 
add selecting vegetation species that are native, support pollinators, 
and wildlife as appropriate.
    Vegetative Barrier (Code 601): Added new purpose, ``Reduce 
ephemeral gully erosion'' and reworded the last purpose. Changed the 
Conditions Where Practice Applies section to add gully erosion to the 
statement. Formatting and writing style were updated to meet current 
agency requirements. Changed table to add stem diameter (.35) and 
associated densities. Also changed the densities for the .5 diameter.
    Water Harvesting Catchment (Code 636): Definition was revised to 
more clearly define practice. Purposes section was reworded to more 
directly relate to the stated resource concerns. Condition Where 
Practice Applies section was rewritten to clearly explain where 
practice may be used. Criteria section was revised and reordered to 
clearly explain the design requirements. Considerations section was 
rewritten to provide additional information for designers to consider 
when planning and designing the practice.
    Watering Facility (Code 614): Minor revisions were made for clarity 
and readability purposes. Clarification added that this practice does 
not apply to embankment or excavated ponds. Requirements were added for 
backflow prevention when connecting to domestic or municipal water 
supplies. Requirements were added for fencing where fencing is needed.
    Water Well (Code 642): This standard has undergone minimal changes. 
Changes in the Criteria section included adding a new ``roles and 
responsibility,'' ``screen and filter pack installation,'' and ``well 
performance aquifer testing'' criteria.
    Well Decommissioning (Code 351): This standard has undergone 
minimal changes. Changes to the Criteria section include adding ``Laws 
and Regulation,'' ``Roles and Responsibilities,'' ``Disinfection,'' and 
``Sealing and Collapsible Formation.'' Deleted ``Casing Grouted in 
Place'' criterion.

Matthew Lohr,
Chief, Natural Resources Conservation Service.
[FR Doc. 2020-06088 Filed 3-23-20; 8:45 am]
BILLING CODE 3410-16-P