Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,836
2821-2988 p. ; 28 cm.View a full description of this periodical.
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individuals. The proposed amendments to the rules regarding
valid existing rights could have the effect of clarifying and thus
streamlining the decision process. Cost savings resulting from
these changes will vary from operator to operator and cannot be
reliably predicted.
Mr. Hodgkiss has also determined that the public benefit from
adoption of the proposed repeals, amendments, and new sec-
tions will be continued adherence to environmental protection
standards in a more cost-effective fashion.
The Commission has not requested a local employment impact
statement pursuant to Texas Government Code, 2002.022.
Comments on the proposed repeals, amendments and
new sections should be submitted to Rules Coordina-
tor, Office of General Counsel, Railroad Commission of
Texas, P.O. Box 12967, Austin, Texas 78711-2967; online
at http://www.rrc.state.tx.us/rules/commentform.html; or by
electronic mail to rulescoordinator@rrc.state.tx.us Comments
will be accepted for 30 days after publication in the Texas
Register. The Commission finds that a 30-day comment period
is reasonable because these rules are required to keep the
Texas program in compliance with the requirements of OSM.
For further information, call Melvin Hodgkiss, Director, Surface
Mining and Reclamation Division, at (512) 463-6901. The
status of Commission rulemakings in progress is available at
http://www.rrc.state.tx.us/rules/proposed.html.
SUBCHAPTER A. GENERAL
DIVISION 1. GENERAL
16 TAC 12.3
The Commission proposes the amendments under Texas Natu-
ral Resources Code, 134.013, which authorizes the Commis-
sion to promulgate rules pertaining to surface coal mining oper-
ations.
Texas Natural Resources Code, 134.013, is affected by the pro-
posed amendments.
Issued in Austin, Texas, on March 11, 2003.
12.3. Definitions.
The following words and terms, when used in this Chapter (relating to
Coal Mining Regulations), shall have the following meanings unless
the context clearly indicates otherwise:
(1) - (168) (No change.)
d e S e coal mining operations hh exsta the
date of enactment-All surface e ea mining operations which were be-
ing conducted eon August 977.]
(169) [(470)] Surface mining activities--Those surface coal
mining and reclamation operations incident to the extraction of coal
from the earth by removing the materials over a coal seam, before re-
covering the coal, by auger coal mining, or by recovery of coal from a
deposit that is not in its original geologic location.
(170) [(-74)] Surface operations and impacts incident to
an underground coal mine--All activities involved in or related to
underground coal mining which are either conducted on the surface of
the land, produce changes in the land surface or disturb the surface,
air or water resources of the area, including all activities listed in
134.004(19) of the Act and the definition of surface coal mining
operations contained in this section.(171) [(72)] Suspended solids or nonfilterable residue--
Expressed as milligrams per liter, organic or inorganic materials car-
ried or held in suspension in water which are retained by a standard
glass fiber filter in the procedure outlined by the U.S. Environmental
Protection Agency regulations for wastewater and analyses (40 CFR
136).
(172) [(-73)] Temporary diversion--A diversion of a
stream or overland flow which is used during coal exploration or
surface coal mining and reclamation operations and not approved by
the Commission to remain after reclamation as part of the approved
postmining land use.
(173) [(474)] Temporary impoundment--An impoundment
used during surface coal mining and reclamation operations, but not
approved by the Commission to remain as part of the approved post-
mining land use.
(174) [(475)] Thick overburden--More than sufficient spoil
and other waste materials available from the entire permit area to re-
store the disturbed area to its approximate original contour. More than
sufficient spoil and other waste materials occur where the overburden
thickness times the swell factor exceeds the combined thickness of
the overburden and coal bed prior to removing the coal, so that after
backfilling and grading the surface configuration of the reclaimed area
would not:
(A) closely resemble the surface configuration of the
land prior to mining; or
(B) blend into and complement the drainage pattern of
the surrounding terrain.
(175) [(476)] Thin overburden--Insufficient spoil and other
waste materials available from the entire permit area to restore the dis-
turbed area to its approximate original contour. Insufficient spoil and
other waste materials occur where the overburden thickness times the
swell factor, plus the thickness of other available waste materials, is
less than the combined thickness of the overburden and coal bed prior
to removing the coal, so that after backfilling and grading the surface
configuration of the reclaimed area would not:
(A) closely resemble the surface configuration of the
land prior to mining; or
(B) blend into and complement the drainage pattern of
the surrounding terrain.
(176) [(477)] Ton--2,000 pounds avoirdupois (0.90718
metric ton).
(177) [(1-78)] Topsoil--The A and E soil-horizon layers of
the four master soil horizons.
(178) [(179)] Toxic-forming materials--Earth materials or
wastes which, if acted upon by air, water, weathering, or microbiolog-
ical processes, are likely to produce chemical or physical conditions in
soils or water that are detrimental to biota or uses of water.
(179) [(480)] Toxic mine drainage--Water that is dis-
charged from active or abandoned mines or other areas affected by
coal exploration or surface coal mining and reclamation operations,
which contains a substance that through chemical action or physical
effects is likely to kill, injure, or impair biota commonly present in the
area that might be exposed to it.
(180) [(-84)] Transfer, assignment, or sale of rights--A
change in ownership or other effective control over the right to
conduct surface coal mining operations under a permit issued by the
Commission.28 TexReg 2836 April 4, 2003 Texas Register
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/15/: accessed June 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.