Texas Regulatory Program

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,

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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