PROPOSED RULES
Before an agency may permanently adopt a new or amended section or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before action is taken. The 30-day time period gives 
interested persons an opportunity to review and make oral or written comments on 
the section. Also, in the case of substantive action, a public hearing must be 
granted if requested by at least 25 persons, a governmental subdivision or 
agency, or an association having at least 25 members.
Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of bold text. [Brackets] indicate deletion of existing 
material within a section.

TITLE 16. ECONOMIC REGULATION
PART I. Railroad Commission of Texas
CHAPTER 3. Oil and Gas Division
Conservation Rules and Regulations
16 TAC sec.3.31
The Railroad Commission of Texas proposes an amendment to sec.3.31 regarding gas 
reservoirs and gas well allowable. The proposed amendments relieve an 
unnecessary regulatory burden on marginal gas wells by exempting them from 
proration under certain circumstances. 
Larry G. Borella, Oil and Gas Section Assistant Director, Office of General 
Counsel, has determined for each year of the first five years the section is in 
effect, the public benefit anticipated as a result of adopting this amendment 
will be the economic benefit associated with reduced reporting to the commission 
and lowered cost of administrating the proration system. 
Rita E. Percival, planner for the Oil and Gas Division, has determined that for 
the first five-year period the proposed rule revision will be in effect, there 
will be fiscal implications as a result of enforcing or administering it. The 
effect on state government for the first five-year period sec.3.31 will be in 
effect is an estimated cost of $728 for computer program revisions for fiscal 
year 1997 and no cost for the fiscal years 1998 through 2001. There will be no 
fiscal implications for local government. There will be no cost of compliance 
with the proposed rule revision for small businesses as a result of enforcing or 
administering it. In fact, there may be some reduction in cost to operators due 
to reduced reporting requirements and correspondence with the commission. 
Comments may be submitted to Larry Borella, Assistant Director, Office of 
General Counsel, Railroad Commission of Texas, P. O. Box 12967, Austin, Texas 
78711-2967. In addition to comments on the proposed amendment, the commission 
will also accept comments on the following alternate language for subsection 
(g)(5)(B) that was considered, but rejected:
In fields where special field rules have been adopted and no well has a current 
reported deliverability test of greater than 250 MCF a day, the Commission staff 
will presume that the criteria of paragraph (1) of this subsection are satisfied 
and the allocation formula shall be suspended administratively if each of the 
operators and first purchasers in the field have been given at least 21 days 
notice of intent to suspend the allocation formula and no protest is made. The 
presumption may be rebutted in the manner provided by paragraphs (3) or (4) of 
this subsection.
Commission staff's belief that operators in a field should take the first step 
and be the moving party to take a field with special field rules to exempt 
status under a statewide rule and believes notice to first purchasers is not 
needed is reflected in the proposed amendments. The alternative language would 
effectively change special field rules without express affirmation from the 
operators in the field. Comments will be accepted for 30 days after publication 
in the Texas Register. For further information, please call Larry Borella at 
(512) 463-6924. 
This amendment is proposed under the Texas Natural Resources Code 
sec.sec.81.051, 81.052, 85.055, 85.201 - 85.202, 86.011, 86.012, 86.041, 86.042, 
86.081, 86.083 - 86.090, 111.083, 111.090 and 111.133 which provide the Railroad 
Commission of Texas with the authority to adopt rules for the following 
purposes: to govern and regulate persons and their operations under the 
jurisdiction of the Railroad Commission; to determine the status of gas 
production from all gas reservoirs; to distribute, prorate and apportion 
allowable production; to determine the lawful market demand for gas to be 
produced from each reservoir; to adjust correlative rights and opportunities; to 
determine the daily allowable production for each gas well; to effectuate the 
provisions and purposes of Chapter 86 of the Natural Resources Code; and to 
conserve and prevent waste of gas. 
The following is the statute, article, or code affected by the proposed 
amendment: Chapter 86, Texas Natural Resources Code. 

sec.3.31. Gas Reservoirs and Gas Well Allowable.
(a)-(e) (No change.)
(f) Fields operating under statewide rules<nl>.<ol>
[(1)] A statewide prorated field is any gas field in which no special field 
rules have been adopted and in which at least one well in the field has a 
current reported deliverability test of greater than <nl>250<ol> [200] Mcf a 
day. Daily allowable production of gas from individual wells in a statewide 
prorated field shall be determined by allocating the allowable production among 
the individual wells in the proportion that each well's deliverability (based on 
the latest deliverability test of record) bears to the summation of the most 
recent reported deliverability tests of all wells producing from the same field. 
Allocated allowables shall be subject to the well capability provisions of this 
section. 
[(2) A statewide exempt field is any gas field in which no special field rules 
have been adopted and in which no well in the field has a current reported 
deliverability test of greater than 200 Mcf a day. Wells in statewide exempt 
fields shall be assigned allowables equal to their capability to produce but in 
no event greater than 200 Mcf a day.] 
(g) Definitions of prorated and nonprorated wells and fields.
(1)-(4) (No change.) 
<nl>(5)<ol> <nl> Statewide Exempt Fields<ol>
<nl>(A)<ol> <nl>A statewide exempt field is any gas field in which no special 
field rules have been adopted and in which no well in the field has a current 
reported deliverability test of greater than 250 Mcf a day. Wells in statewide 
exempt fields shall be assigned allowables equal to their capacity to 
produce.<ol> 
<nl>(B)<ol> <nl>In fields where special field rules exist and no well has a 
current deliverability test of greater than 250 Mcf per day, an operator may 
request statewide exempt field status. The request may be granted 
administratively by the commission or commission designee if the applicant 
provides the commission with a declaration, signed by all operators, subject to 
the false filing penalties provided for in the Texas Natural Resources Code, 
sec.91.143, stating all operators in the field agree to exempt status. Wells in 
exempt fields with special rules shall be assigned allowables equal to their 
capability to produce but in no event greater than 250 Mcf per day. If 250 Mcf 
per day is exceeded by any well, the field will be changed to the existing 
special field rule allocation. Reinstatement of allocation formula may be 
initiated by the commission designee, or by one of the operators in the field. 
If the commission or commission designee declines to grant any request 
administratively, the applicant may request a hearing.<ol>
<nl>(6)<ol> [(5)] A limited well is a nonprorated well in a prorated field 
(other than a special or administrative special allowable well) with an 
allowable set below the maximum allowable it would receive under the allocation 
formula. A limited well shall be assigned an allowable at the rate that the well 
is capable of producing as determined by subsection (e) of this section.
<nl>(7)<ol> [(6)] A special allowable well is a nonprorated well granted a fixed 
allowable by the commission after notice and hearing.
<nl>(8)<ol> [(7)] An administrative special allowable well is a nonprorated well 
that has been granted an allowable pursuant to subsection (k) of this section.
<nl>(9)<ol> [(8)] The maximum allowable for a well is the largest allowable that 
can be assigned under applicable rules. For a limited well, the maximum 
allowable is the allowable the well would receive under the allocation formula. 
For a special allowable well, the maximum allowable is the allowable assigned 
pursuant to paragraph <nl>(7)<ol> [(6)] of this subsection. For administrative 
special allowable wells, the maximum allowable is 100 Mcf/day for wells 
qualifying as administrative special wells under subsection (k)(1) of this 
section and is the allowable the well would receive under the allocation formula 
for wells qualifying as administrative special allowable wells under subsection 
(k)(2) of this section. For a well in a one well field, the maximum allowable is 
the well's deliverability based on the latest deliverability test of record. For 
an associated gas well, the maximum allowable is the gas well allowable 
calculated by sec.3.49(b)(1) or (2) of this title (relating to gas-oil ratio). 
(h)-(k) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt. 
Issued in Austin, Texas, on December 30, 1996.
TRD-9618713
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

CHAPTER 9. Liquefied Petroleum Gas Division
The Railroad Commission of Texas proposes the repeal of sec.sec.9.231 - 9.247, 
relating to identification of approved appliances; installation of appliances; 
automatic shut-off devices; room heaters in public building; provision for 
combustion air; open flame appliances; testing appliances; appliances made for 
venting; appliance connectors; water heaters; appliance repairs and conversions; 
venting of appliances definitions; minimum safe performance; appliances to be 
vented and approved venting systems; maximum unvented BTU input; installation; 
and power venting. The sections proposed to be deleted are in existing 
subchapter D, titled LP-gas appliances and appurtenant equipment, which is being 
renamed to "Adoption by Reference of NFPA 54 (type-name="italic"> National Fuel 
Gas Code<ol>) and NFPA 501C (type-name="italic">Standard on Recreational 
Vehicles<ol>) and Adopted Exceptions to NFPA 54." 
In addition, the Commission proposes the repeal of sec.sec.9.951 - 9.965, 
relating to low pressure-high pressure piping; piping installation 
identification; specifications for approved low pressure piping or tubing 
materials; underground corrosion protection; piping layout; joining methods; 
drainage and drips; piping support; exterior piping; joint compound; bending 
pipe; cap outlets; pressure test of piping; specifications for approved high 
pressure piping materials; and joining of high pressure piping. The proposed 
repeal of these sections will remove all rules from existing subchapter L, 
relating to LP-gas piping and piping systems; therefore, the Commission proposes 
to redesignate subchapter L as being reserved for future use. 
The Commission also proposes the repeal of sec.sec.9.1651, 9.1653 - 9.1666, and 
9.1668 - 9.1695, relating to applicability of subchapter S; quality of design 
and installations of gas systems and equipment; LP-gas container working 
pressure; maximum container capacities; location and mounting of LP-gas 
containers; securing of LP-gas containers; shielding of LP-gas containers from 
heat of internal combustion engine exhaust system components; ventilation and 
labeling of compartments containing LP-gas cylinders; securing LP-gas container 
housings; LP-gas container appurtenances; valves for multiple LP-gas container 
assembly systems; automatic stop fill devices; protection of LP- gas container 
valves; LP-gas regulators; LP-gas excess flow valves; maximum vapor pressure; 
gas piping system materials; gas piping design; gas pipe sizing; joint 
materials; routing and protection of tubing and piping; location of supply 
connections; LP-gas supply connectors; high-pressure LP-gas connections; low- 
pressure LP-gas connections; appliance connections; gas shutoff valves; gas 
inlet cap; prohibiting use of gas piping as electrical ground; gas pipe hangers 
and supports; testing for gas leakage; gas appliances; venting requirements; 
installation of internal combustion engine generators; marking of appliances; 
location of appliances; clearances of heat-producing appliances; sizing and 
materials of supply ducts; sizing, materials, and openings of return air ducts; 
air duct joints and seams; air conditioning (other than automotive-type); 
required information; and required labels and identification plates. The 
proposed repeal of these sections in existing subchapter S, entitled 
installation or repair of LP-gas containers, piping or appliances in 
recreational vehicles, will remove all rules from that subchapter; therefore, 
the Commission proposes to redesignate subchapter S as being reserved for future 
use. 
The Commission also proposes the repeal of sec.sec.9.456, 9.469, 9.470, and 
9.927, relating to regulator relief valves; venting regulators; draining 
condensate; and Appendix G: flow of LP-gas through fixed orifices. These 
sections are proposed for repeal because the requirements are included in NFPA 
54. Section 9.456 relates to design criteria, which is an activity of 
manufacturers, not of licensees. Section 9.469 corresponds to NFPA 54, 
sec.2.8.4(2) and (3), while sec.9.470 corresponds to NFPA 54, sec.1.6.2. The 
chart in sec.9.927 is found in NFPA 54, Appendix F. 
The Commission simultaneously proposes, in newly designated subchapter D, new 
sec.9.251, relating to adoption by reference of NFPA 54 and NFPA 501C, and 
certain other NFPA publications; new sec.9.254 relating to clarification of 
certain terms used in NFPA 54 and 501C; new sec.9.257, relating to exclusion of 
NFPA 54, sec.6.31; new sec.9.260, relating to room heaters used in buildings; 
new sec.9.263, relating to identification of converted appliances; new 
sec.9.266, relating to identification of piping installation; new sec.9.269, 
relating to special exceptions for agricultural and industrial structures 
relating to appliance connectors and piping support; sec.9.272, relating to 
certification requirements for joining methods; and new sec.9.275, relating to 
high pressure gas piping or tubing. 
In addition, the Commission proposes amendments to existing sec.sec.9.1, 9.2, 
and 9.174, relating to application of rules, severability, and retroactivity; 
definitions; and hose specifications. The amendments in sec.9.1 are proposed to 
correct and clarify the existing and new subchapter titles; in sec.9.2, the 
Commission proposes to delete the definition of corrugated stainless steel 
tubing (CSST) because it is included in the NFPA 54 definitions. The definitions 
of high pressure gas piping or tubing, and low pressure gas piping or tubing are 
proposed to be amended to conform to the requirements for these in NFPA 54. The 
proposed amendment to sec.9.174 deletes subsection (f) because the requirements 
are covered in NFPA 54. 
The Commission proposes these actions to repeal outdated or incomplete rules and 
to replace them with the National Fire Protection Association's National Fuel 
Gas Code (commonly referred to as "NFPA 54"), a nationally-recognized standard 
adopted in whole or in part by most other states in the United States, and NFPA 
501C, Standard for Recreational Vehicles, also a nationally-recognized standard. 
The Commission proposes to adopt NFPA 54 and 501C in new sec.9.251, with certain 
exceptions and clarifications described in proposed new rules sec.sec.9.254, 
9.257, 9.260, 9.263, 9.266, 9.269, 9.272, and 9.275. The proposed simultaneous 
repeal of the existing sections in subchapters D, L, and S, and adoption of NFPA 
54 and 501C will establish consistent requirements for Texas licensees with most 
other states in the United States. The adoption by reference will incorporate 
the 1996 editions of NFPA 54 and 501C. 
The Commission also proposes to adopt by reference all other NFPA publications 
or portions of those publications referenced in NFPA 54 which apply to LP-gas 
activities only. In other words, if other LP-gas activities are to be performed 
by a licensee and those activities are included in an NFPA publication 
referenced in NFPA 54 or 501C, then the licensee shall perform those activities 
in compliance with the referenced document. For example, sec.6.2.6 of NFPA 54 
refers to another NFPA publication, NFPA 37, Standard for the Installation and 
Use of Stationary Combustion Engines and Gas Turbines. Licensees who will be 
performing that type of work shall also be required to purchase that NFPA 
publication and perform the work to those standards. 
The Commission proposes an effective date of June 1, 1997, for the 
implementation of the adoption by reference. This will allow sufficient time for 
submission and review of comments, preparation of the rules for final adoption, 
printing and distribution of new rulebooks, and training of Commission staff. As 
of the effective date, Commission examinations and review materials will include 
information from NFPA 54 and 501C. 
The adoption by reference of NFPA 54 will affect only licensees with Category D, 
E, K, and N licenses, which is approximately 1,739 of the 2,328 total number of 
licensees (there are 1,009 Category D, general installers and repairmen, 
licensees; 724 Category E, wholesale/retail dealers, licensees; one Category K, 
distribution system, licensee; and five Category N, manufactured housing 
installer and repairmen, licensees). The activities authorized by these licenses 
include activities relating to LP-gas piping and piping systems, and appliances 
and appurtenant equipment, activities which are addressed in NFPA 54. The 
adoption by reference of NFPA 501C will affect approximately 90 Category M, 
recreational vehicle installers and repairmen, licensees. Other categories of 
licenses authorize other LP-gas activities not addressed in NFPA 54 or 501C; 
these licensees should not be affected by this proposal. 
NFPA 54 was reviewed by the Commission's appointed NFPA 54 task force, which 
consists of members of the LP-gas industry from all areas of the state, and 
which met twice to review NFPA 54 and discuss whether any exceptions would be 
necessary for Texas. The specific sections of NFPA 54 which are proposed to be 
amended by Commission rule were identified and approved by the task force. The 
proposal has also been reviewed by the Commission's LP-gas advisory committee. 
Current Commission rules proposed to be repealed specify requirements for 
appliances and low and high pressure piping, including identification, 
installation, maintenance and testing, and also requirements regarding 
recreational vehicles. While the current rules are adequate to ensure safety for 
the general public, NFPA 54 and 501C address these activities with greater 
specificity and detail. The proposed adoption by reference of NFPA 54 and 501C 
would provide more specific requirements for the LP-gas industry in Texas, and 
ultimately improve safety for the general public. Because NFPA 54 and 501C have 
been adopted in whole or in part by most other states in the United States, the 
Texas LP-gas industry would benefit from its adoption because Texas companies 
would be held to the same standards when doing business in other states; 
therefore, LP-gas companies wishing to expand their businesses between other 
states would have a better opportunity to do so. 
There are some sections in NFPA 54 and 501C for which the Commission proposes to 
adopt alternative or additional language, or which the Commission chooses not to 
adopt. In particular, proposed new rule sec.9.254 defines the "authority having 
jurisdiction," a phrase used throughout NFPA publications, including both NFPA 
54 and 501C, to be the Railroad Commission of Texas. This language is proposed 
to identify the Commission as the "authority having jurisdiction" because the 
Commission has statutory authority over LP-gas safety matters in Texas. The 
proposed section also further defines the NFPA 54 term "qualified agency" to 
include a licensee or a homeowner in certain situations, as provided for in 
sec.9.177 (relating to connecting container to unapproved piping) of the 
Commission's LP-gas safety rules. 
Proposed new sec.9.257 indicates a section of NFPA 54 which the Commission 
declines to adopt. NFPA 54, sec.6.31 is not proposed for adoption because the 
Commission has its own adopted rules relating to CNG activities, at 16 TAC 
sec.13.1, et seq. 
Proposed new sec.9.260 describes current Commission requirements (in sec.9.234, 
relating to room heaters in public buildings) which are not specifically 
addressed in NFPA 54 with regard to room heaters in public buildings. Proposed 
new sec.sec.9.263 and 9.266 clarify NFPA, sec.5.1.3, to make it consistent with 
other referenced Commission rules regarding identification tags or decals; this 
language will help prevent duplication of identification tags or decals used for 
several different purposes. 
Proposed new sec.9.269 allows exceptions not found in NFPA 54 but previously 
adopted by the Commission (in sec.sec.9.239 and 9.958, relating to appliance 
connectors and piping support, respectively) for very specific uses of LP-gas in 
agricultural or industrial structures. Proposed new sec.9.272 describes 
certification requirements for individuals working with heat- fusion methods. 
These requirements are in the Commission's current rule sec.9.956 relating to 
joining methods, which is being renumbered to conform to the new numbering. 
Proposed new sec.9.275 includes text currently in Commission rules 
sec.sec.9.951(b), 9.964 and 9.965, relating to low pressure- high pressure 
piping, specifications for approved high pressure piping materials, and joining 
of high pressure piping. These sections are proposed to be repealed in order to 
be renumbered; the text is being moved to new sec.9.275. These requirements are 
being retained because they address high pressure piping, which is not included 
in NFPA 54. 
The adoption by reference of NFPA 54 will necessitate some Commission rulemaking 
in the future. Secretary of State rules, 1 TAC sec.sec.91.41 and 91.42, state 
that an adoption by reference must incorporate the document being adopted as it 
exists on the date of adoption. NFPA amends 54 approximately every four years, 
with the next republication to be in the year 2000, although NFPA occasionally 
adopts interim amendments. If NFPA changes 54 or adopts an interim amendment and 
the Commission wants to incorporate those changes into the requirements for 
Texas, then the Commission will have to re-adopt the new language or edition in 
order for the changes to be effective. Likewise, if NFPA changes any of the 14 
other NFPA documents referenced in NFPA 54 between now and the year 2000, for 
instance, then the Commission will have to adopt the changes in those particular 
editions for them to become effective. If the Commission waits until the year 
2000 to re-adopt NFPA 54, then the referenced documents that are changed between 
now and then will not become effective until the year 2000. For this reason, 
proposed new sec.9.251(b)(1)-(14) separately lists the 14 pamphlets referenced 
in NFPA 54 and the date of the edition being adopted. If the Commission wishes 
to adopt different editions of any of these referenced pamphlets, then only a 
minor rulemaking will be necessary, and the rule will always include a list of 
the NFPA standards currently effective in Texas. 
The adoption by reference of NFPA 54 and 501C means that the Commission must 
provide for public viewing a complete set of NFPA 54, 501C, and all the 
referenced NFPA documents at both the Secretary of State's office and the 
Commission's Austin office. Providing copies for public viewing complies with 
the public information law in Texas; however, because the NFPA documents are 
copyrighted, copies may not be made. The Commission does not assume any 
responsibility or liability for the use of the NFPA documents, other than as 
specified in the proposed rules. 
Proposed requirements in NFPA 501C are generally the same as existing Commission 
rules and should pose little burden to the Category M licensees who will be 
required to comply. However, some requirements in NFPA 54 may be considered 
controversial or be misunderstood by the LP-gas industry because they have not 
been required previously in Texas. For example, NFPA 54, sec.sec.1.5.2, 4.2.1, 
and 4.2.2, requires a leakage test or an inspection each time gas is introduced 
into a new piping system or into an existing system that has been shut off or 
turned off to ensure that no gas is escaping. NFPA 54 does not specify what test 
or inspection procedures should be used, nor does it further define "shut off" 
or "turned off," so the rule could be read to indicate that such a test is not 
necessary for a system which has run out of gas. NFPA's National Fuel Gas Code 
Handbook offers some commentary and interpretation of some NFPA 54 requirements. 
With regard to the test for leakage in NFPA 54, sec.4.2.2, the handbook says: 
Over the years the pressure test required for new piping systems, including 
additions to existing systems, has been confused with the test for leakage. As 
specified, the pressure test is required only for new piping systems or new 
additions, not including equipment shutoff valves, equipment connections, or 
equipment. 
The test for leakage is applicable whenever a gas piping system is placed in 
service either initially or after being shut off. The medium used for the test 
is the gas supplied at its supply pressure. The gas is applied to the piping, 
equipment, and equipment connections and valves. 
National Fuel Gas Code Handbook, 1992 edition, p. 104 Some LP-gas licensees 
already perform a leakage test or an inspection voluntarily. 
Thomas D. Petru, assistant director, LP-Gas Section, Gas Services Division, has 
determined that for each of the first five years the sections as proposed will 
be in effect there will be fiscal implications for state government. For the 
Commission, these will involve publication and distribution of new rulebooks, 
and retraining staff, including field inspectors. For this initial adoption 
only, NFPA will give about 2,000 copies of NFPA 54 to the Commission at no cost, 
as well as 30 sets of the 14 other NFPA documents referenced in NFPA 54. The 30 
sets will be used to comply with the Secretary of State's rules regarding 
adoptions by reference, as well as to supply Commission staff with adequate 
copies to carry out regulatory and enforcement duties. A complete set of NFPA 54 
and all 14 other referenced pamphlets currently costs approximately $300; as 
NFPA adopts new editions of 54 and the other pamphlets, the Commission will have 
to replace the old editions for its staff. There will also be an added cost of 
Commission staff time in order to review any upcoming changes to NFPA 54 and 
501C, and the approximately 19 other referenced NFPA documents to determine if 
any changes adopted by NFPA need to be immediately adopted by reference to be 
effective in Texas. These costs cannot be calculated, but will be handled 
through the regular budget and duties assigned to the LP-Gas Section of the 
Commission with nominal charges to licensees and the general public for purchase 
of new Commission rulebooks. There may be similar fiscal implications for local 
governments which rely on Commission safety standards. These costs are not 
calculable but at a minimum will include purchase of new rulebooks and possibly 
retraining of inspection staff. 
Mr. Petru also has determined that for each year of the first five years the 
sections as proposed will be in effect the public benefit anticipated as a 
result of enforcing the sections as proposed will be improvement in safety due 
to more specific requirements for the LP-gas industry with regard to piping, 
appliances, and recreational vehicles. The Texas LP-gas industry should also see 
some benefits when dealing with other states which have adopted NFPA 54 and 
501C. 
There will be some anticipated economic costs from the NFPA 54 adoption to small 
businesses and individuals who hold Category D, E, K, and N licenses, and who 
are required to comply with proposed new sec.sec.9.251 and 9.254. These will 
include cost for the Commission's rulebook and copies of NFPA 54 and other 
referenced pamphlets which will have to be purchased directly from NFPA or other 
entities, such as the Texas Propane Gas Association. Licensees required to 
comply with referenced NFPA publications, as required in sec.9.251(b), shall 
also be required to purchase the referenced NFPA publications. Other than the 
first 2,000 copies of NFPA 54 which NFPA will provide to the Commission, no NFPA 
publications will be provided or sold by the Commission. The cost for the NFPA 
documents will depend on whether the purchaser is a member or nonmember of NFPA; 
a membership costs $95 per year and the cost, for example, for NFPA 54 would be 
$24.75 for a member as compared to $27.50 for a non-member. However, LP-gas 
licensees probably will not join NFPA because reduced publication costs will not 
offset the annual membership fee. In addition, only current licensees will 
receive a copy of NFPA 54 at no charge; current licensees will be required to 
spend at least $8 for a new Commission rulebook up to about $540 for a complete 
set of NFPA 54 and the 14 referenced pamphlets. Applicants who complete 
licensing requirements after the effective date of this rulemaking will not 
receive a free copy of NFPA 54, and will have to spend the same $8 to $540 for 
the required publications. A more realistic cost to an individual or small 
business required to comply with the proposed rules is estimated to be about 
$85; this figure, as shown on the chart, includes the cost for a new Commission 
rulebook ($8), one copy of NFPA 54 ($27.50), one copy of NFPA 58 ($27.50), and 
one other NFPA pamphlet (averaging around $22). Given the 1,739 current Category 
D, E, K, and N licensees, the probable realistic economic impact would be around 
$147,815 to the industry. The following chart illustrates some of the 
anticipated costs of compliance relating to publications that must be purchased 
in order to comply with the adoption by reference of NFPA 54:
Figure 1: 16 TAC Chapter 9 Preamble
Other possible costs associated with NFPA 54 include the leak test required in 
sec.9.254(b), which may add some costs to licensees; the exact cost cannot be 
calculated but will include training the delivery drivers or other personnel to 
perform the required leak test. However, there will be no additional economic 
costs with regard to the requirements in new sec.sec.9.257, 9.260, 9.263, 9.266, 
9.269, 9.272, and 9.275 because these requirements are already in existence in 
the current LP-gas rules and have been renumbered in order to correspond more 
clearly with the NFPA 54 adoption by reference. 
With regard to the adoption by reference of NFPA 501C, there will be some 
anticipated economic costs to small business or individuals who hold Category M 
licenses and who are required to comply with proposed new sec.9.251. These will 
include a nominal charge for the Commission's new rulebook and the charge by 
NFPA for a copy of 501C, as shown in the following chart: 
Figure 2: 16 TAC Chapter 9 Preamble 
Compliance with 501C should not cause any added costs, other than purchase of 
publications, because the Commission's current rules contain very similar 
requirements to those found in 501C. 
Based on a combination of the two charts, the annual economic cost of compliance 
to industry with the adoption by reference of NFPA 54 and 501C could range 
anywhere from $14,632 at a minimum to $2,743,500 at a maximum, but should 
realistically be around $152,855 total for the 1,829 potentially affected 
licensees. The cost of compliance per individual could range from $35.50 to 
$1,500, but should be about $84 per individual (based on the costs for a 
Commission rulebook, one copy each of 54 and 58, and one other NFPA pamphlet). 
Comments on the proposal may be submitted to Kellie Martinec, Rules Coordinator, 
Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, 
Texas 78711-2967. Comments will be accepted for 60 days after publication in the 
Texas Register and should refer to LP-Gas Docket Number 1495. For additional 
information, contact Thomas D. Petru at (512) 463- 6949. 

SUBCHAPTER A. General Applicability and Requirements
16 TAC sec.9.1, sec.9.2
The amendments are proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed amendments.

sec.9.1. Application of Rules, Severability, and Retroactivity. 
(a) The <nl>LP-Gas Section's<ol> [Liquefied Petroleum Gas Division's] safety 
rules apply to the design, construction, location, and operation of liquefied 
petroleum gas systems, equipment, and appliances. These standards also apply to 
truck and railcar loading racks, but do not apply to marine terminals, natural 
gasoline plants, refineries, tank farms, gas manufacturing plants, plants 
engaged in processing liquefied petroleum gases, or to railcar loading racks 
used in connection with these excluded establishments. 
(1) <nl>Subchapters A, General Applicability and Requirements, and B, Basic 
Rules, apply to all types of LP-gas activities, installations, or uses unless 
otherwise indicated.<ol> [Basic rules. The basic rules apply to all divisions 
except as otherwise indicated.] 
<nl>(2)<ol> <nl> Subchapter C, Vaporizers and Heaters, applies to vaporizers 
used with portable, mobile, or stationary LP-gas installations.<ol> 
<nl>(3)<ol> <nl> Subchapter D, Adoption by Reference of NFPA 54 (National Fuel 
Gas Code) and NFPA 501C (Standard on Recreational Vehicles) and Adopted 
Exceptions to NFPA 54, applies to the adoption by reference of NFPA 54 and 
specifies additional or alternative requirements from those found in NFPA 
54.<ol> 
<nl>(4)<ol> <nl> Subchapter E, Containers, applies to LP-gas systems using 
containers constructed in accordance with specifications issued by the United 
States Interstate Commerce Commission (ICC) or the United States Department of 
Transportation (DOT) When DOT or ICC containers are used in the manner 
prescribed by DOT, then DOT rules shall apply to container transportation and 
handling. When DOT or ICC containers are not used in the manner prescribed by 
DOT, they cease to be under DOT jurisdiction. When installed in Texas and used 
as LP-gas consumer containers, they are subject exclusively to the rules of the 
Railroad Commission of Texas. Where such containers are privately owned and 
permanently installed, they are not considered to be under DOT jurisdiction.<ol> 
<nl>(5)<ol> <nl> Subchapter F, Consumer LP-Gas Systems, applies to consumer LP-
gas systems using containers constructed in accordance with ASME Code, Section 
VIII, Division I.<ol> 
<nl>(6)<ol> <nl> Subchapter G is reserved for future use.<ol> 
<nl>(7)<ol> <nl> Subchapter H, Nonspecification Transport Containers; Trucks 
Transporting LP-Gas in Portable Containers, applies to nonspecification cargo 
tanks used in the transportation and distribution of LP-gas, and each truck used 
principally for transporting LP-gas in portable containers.<ol> 
<nl>(8)<ol> <nl> Subchapter I, LP-Gas Motor Fuel and Mobile Fuel Containers, 
applies to LP-gas motor fuel and mobile fuel containers installed and used on 
automobiles, trucks, buses, tractors, construction machinery, and farm tractors 
or other types of farm machinery.<ol> 
<nl>(9)<ol> <nl> Subchapter J is reserved for future use.<ol> 
<nl>(10)<ol> <nl> Subchapter K, Appendices, includes background or informational 
material. <ol> 
<nl>(11)<ol> <nl> Subchapter L is reserved for future use.<ol> 
<nl>(12)<ol> <nl> Subchapter M is reserved for future use.<ol> 
<nl>(13)<ol> <nl> Subchapter N is reserved for future use.<ol> 
<nl>(14)<ol> <nl> Subchapter O, Cylinder Filling Plants; Service Station 
Dispensers, applies to storage containers dispensing devices, and pertinent 
equipment used in bottle filling plants and service stations where LP-gas is 
stored and dispensed from fixed LP-gas equipment.<ol> 
<nl>(15)<ol> <nl> Subchapter P, Farm Carts, applies to farm carts which are used 
for the transportation and distribution of LP-gas.<ol> 
<nl>(16)<ol> <nl> Subchapter Q, LP-Gas Powered Vehicles and Carburetion 
Equipment Used in a Building or on Consumer's Premises, applies to industrial 
fork lifts, trucks, and other LP- gas powered vehicles and engine fuel equipment 
specifically designed to be used in a building or on a consumer's premises.<ol> 
<nl>(17)<ol> <nl> Subchapter R, LP-Gas Automatic Dispensers, applies to LP-gas 
automatic dispensers. <ol> 
<nl>(18)<ol> <nl> Subchapter S, Installation or Repair of LP- Gas Containers, 
Piping or Appliances in Recreational Vehicles, applies to the installation or 
repair of LP-gas containers, piping, or appliances in recreational vehicles.<ol> 
<nl>(19)<ol> <nl> Subchapter T, DOT MC-330 and MC-331 Transport Containers, 
applies to cargo tanks constructed to DOT MC-330 and MC-331 specifications used 
in the transportation and distribution of LP-gas.<ol> 
[(2) Division I. Division I containers constructed in accordance with DOT 
excluding those used in a mobile fuel or industrial forklift installation.] 
[(A) Division I applies to LP-gas systems utilizing containers constructed in 
accordance with specifications issued by the United States Interstate Commerce 
Commission (ICC) or United States Department of Transportation (DOT). When DOT 
or ICC containers are used in the manner prescribed by the DOT, then DOT rules 
shall apply to container transportation and handling.]
[(B) Where ICC or DOT containers are not used in the manner prescribed by the 
DOT, they cease to be under the DOT jurisdiction. When installed in Texas and 
used as LP-gas consumer containers, they are subject exclusively to the rules of 
the Railroad Commission of Texas. Where such containers are privately owned and 
permanently installed, they are not operated as prescribed by DOT regulation.] 
[(3) Division II. Division II applies to consumer LP-gas systems utilizing 
containers constructed in accordance with the Boiler and Pressure Vessel Code of 
the American Society of Mechanical Engineers, Division I.] 
[(4) Division III. Division III applies to bulk storage containers at 
installations where gas is stored, but not used on the premises.
[(5) Division IV. Division IV applies to nonspecification cargo tanks used in 
the transportation and distribution of LP-gas, and each truck used principally 
for transporting LP-gas in portable containers.] 
[(6) Division V. Division V applies to LP-gas motor fuel and mobile fuel 
containers installed and used on automobiles, trucks, buses, tractors, 
construction machinery, and farm tractors or other types of farm machinery.] 
[(7) Division VI. Division VI applies to vaporizers used with portable, mobile, 
or stationary LP-gas installations.] 
[(8) Division VII. Division VII applies to LP-gas piping and piping systems.] 
[(9) Division VIII. Division VIII applies to approved LP-gas appliances and 
pertinent equipment used in making appliance installations and regulates their 
location, installation, and connection.] 
[(10) Division IX. Division IX applies to storage containers, dispensing 
devices, and pertinent equipment used in bottle filling plants and service 
stations where LP-gas is stored and dispensed from fixed LP-gas equipment.] 
[(11) Division X. Division X applies to farm carts which are used for the 
transportation and distribution of LP-gas.] 
[(12) Division XI. Division XI applies to industrial fork lifts, trucks, and 
other LP-gas powered vehicles and engine fuel equipment specifically designed to 
be used in a building or on a consumer's premises.
[(13) Division XII. Division XII applies to LP-gas automatic dispensers. ] 
[(14) Division XIII. Division XIII applies to the installation or repair of LP-
gas container(s), piping, or appliances in recreational vehicles.]
[(15) Division XIV. Division XIV applies to cargo tanks constructed to MC-330 
and 331 Department of Transportation (DOT) specifications used in the 
transportation and distribution of LP-gas.] 
(b)-(d) (No change.)

sec.9.2. Definitions. 
The following words and terms, when used in this chapter, shall have the 
following meanings, unless the context clearly indicates otherwise.
[Corrugated stainless steel tubing-A type of tubing which is primarily used 
inside a building for LP-gas vapor service only. The tubing shall have a maximum 
operating pressure of 5 psig, and shall be one inch or less in diameter.]
High pressure gas piping <nl>or tubing<ol>-Piping <nl>or tubing<ol> used for 
conveying LP-gas liquid or vapor at pressures in excess of <nl>125<ol> [50] 
psig.
Low pressure gas piping or tubing-Piping or tubing used for conveying LP-gas 
liquid or vapor at pressures of <nl> 125 <ol> [50] psig or less [, except for 
corrugated stainless steel tubing, which shall be used for vapor service only 
and shall not exceed a maximum operating pressure of 5 psig]. <nl>In certain 
applications, the maximum pressure may be restricted to a level which is less 
than 125 psig. <ol>
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 30, 1996.
TRD-9618719
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER B. Basic Rules
16 TAC sec.9.174
The amendment is proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed amendment.

sec.9.174. Hose Specifications. 
(a)-(e) (No change.) 
[(f) Hose and hose connections on the low pressure side of the regulator or 
reducing valve shall be designed for a bursting pressure of not less than 125 
psig.]
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618720
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER D. LP-Gas Appliances and Appurtenant Equipment
16 TAC sec.sec.9.231-9.247
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed repeals.
sec.9.231. Identification of Approved Appliances.
sec.9.232. Installation of Appliances. 
sec.9.233. Automatic Shut-Off Devices. 
sec.9.234. Room Heaters in Public Building. 
sec.9.235. Provision for Combustion Air. 
sec.9.236. Open Flame Appliances. 
sec.9.237. Testing Appliances. 
sec.9.238. Appliances Made for Venting. 
sec.9.239. Appliance Connectors. 
sec.9.240. Water Heaters. 
sec.9.241. Appliance Repairs and Conversions. 
sec.9.242. Venting of Appliances Definitions. 
sec.9.243. Minimum Safe Performance. 
sec.9.244. Appliances to be Vented and Approved Venting Systems. 
sec.9.245. Maximum Unvented BTU Input. 
sec.9.246. Installation. 
sec.9.247. Power Venting. 
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618714
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER D. <nl>Adoption by Reference of
NFPA 54 (National Fuel Gas Code) and NFPA 501C (Standard on Recreational 
Vehicles) and Adopted Exceptions to NFPA 54<ol> [LP-Gas Appliances and 
Appurtenant Equipment] 
16 TAC sec.sec.9.251, 9.254, 9.257, 9.260, 9.263, 9.266, 9.269, 9.272, 9.275
The new sections are proposed under the Texas Natural Resources Code, 
sec.113.051, which authorizes the Commission to adopt rules relating to any and 
all aspects or phases of the LP-gas industry that will protect or tend to 
protect the health, welfare, and safety of the general public; and sec.113.052, 
which allows the Commission to adopt by reference the published codes of 
nationally recognized societies, including the National Fire Protection 
Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed new sections.

sec.9.251. Adoption by Reference of NFPA 54 and NFPA 501C, and Certain Other 
NFPA Publications. 
(a) Except as modified in the remaining sections of this subchapter, the 
Commission adopts by specific reference the provisions established by the 
National Fire Protection Association in its 1996 edition of the National Fuel 
Gas Code, commonly referred to as NFPA 54 or Pamphlet 54, effective June 1, 
1997. Nothing in this section or subchapter shall prevent the Commission, after 
notice, from adopting additional requirements, whether more or less stringent, 
for individual situations to protect the health, safety and welfare of the 
general public. Any documents or parts of documents incorporated by reference 
into these rules shall be a part of these rules as if set out in full. 
(b) The Commission also adopts by reference all other NFPA publications or 
portions of those publications referenced in NFPA 54 which apply to LP-gas 
activities only. If LP-gas activities are to be performed by a licensee and 
those activities are covered in an NFPA publication referenced in NFPA 54, then 
the licensee shall perform those activities in compliance with that referenced 
document. The adopted referenced pamphlets are: 
(1) NFPA 30A, Automotive and Marine Service Station Code, 1996 edition; 
(2) NFPA 37, Standard for the Installation and Use of Stationary Combustion 
Engines and Gas Turbines, 1994 edition; 
(3) NFPA 51, Standard for the Design and Installation of Oxygen-Fuel Gas Systems 
for Welding, Cutting, and Allied Processes, 1992 edition; 
(4) NFPA 52, Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems, 
1995 edition; 
(5) NFPA 58, Standard for the Storage and Handling of Liquefied Petroleum Gases, 
1995 edition; 
(6) NFPA 70, National Electric Code, 1996 edition; 
(7) NFPA 82, Standard on Incinerators, Waste, and Linen Handling Systems and 
Equipment, 1994 edition; 
(8) NFPA 88A, Standard for Parking Structures, 1995 edition; 
(9) NFPA 90A, Standard for the Installation of Air Conditioning and Ventilating 
Systems, 1996 edition;
(10) NFPA 90B, Standard for the Installation of Warm Air Heating and Air 
Conditioning Systems, 1996 edition; 
(11) NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial 
Cooking Operations, 1994 edition; 
(12) NFPA 211, Standard for Chimneys, Fireplaces, Vents, and Solid Fuel-Burning 
Appliances, 1996 edition;
(13) NFPA 409, Standard on Aircraft Hangars, 1995 edition; and 
(14) NFPA 501C, Standard on Recreational Vehicles, 1996 edition. 
(c) Licensees shall maintain at least one copy of those NFPA publications which 
cover the LP-gas activities performed by the licensee.
(d) NFPA 501C, Standard for Recreational Vehicles, shall apply to all persons 
performing LP-gas activities with regard to recreational vehicles.

sec.9.254. Clarification of Certain Terms Used in NFPA 54 and 501C. 
(a) Authority having jurisdiction. As pertains to the use of LP-gas in Texas, 
the phrase "authority having jurisdiction" defined in NFPA 54, sec.1.7, and NFPA 
501C, sec.1-3, and referenced in other NFPA publications shall be the Railroad 
Commission of Texas or any of its divisions or employees.
(b) Qualified agency. The term "qualified agency" as defined in NFPA 54, 
sec.1.7, shall include a person (as "person" is defined in sec.9.3 of this 
title, relating to definitions) who holds a current license issued by the 
Railroad Commission, or a homeowner performing certain LP-gas activities on his 
own property, as allowed in sec.9.177 of this title (relating to connecting 
containers to unapproved piping).

sec.9.257. Exclusion of NFPA 54, sec.6.31. 
The Commission does not adopt NFPA 54, sec.6.31, which refers to NFPA 52, 
Standard for Compressed Natural Gas (CNG) Vehicular Fuel Systems. Persons 
engaging in CNG activities shall comply with the Commission's adopted rules at 
16 TAC sec.13.1, et seq., and published in the Commission's Regulations for 
Compressed Natural Gas.

sec.9.260. Room Heaters in Public Buildings. 
In addition to applicable requirements in NFPA 54, Part 6, Installation of 
Specific Equipment, room heaters shall not be installed in homes for the aged, 
sanatoriums, convalescent homes, orphanages, and other institutions of this 
type. Room heaters in schools, day care centers, foster homes, hotels or other 
similar buildings or rooms used for temporary lodging shall be vented and 
equipped with a safety shut-off device. Room heaters with less than 40,000 Btu 
input and infrared heaters are not required to be vented, but shall have a 
safety shutoff device and an oxygen depletion system (ODS).

sec.9.263. Identification of Converted Appliances.
(a) In addition to the requirements of NFPA 54, sec.5.1.3, upon completion of 
the conversion and testing of LP-gas appliances, the licensee shall attach to 
each such appliance a decal or tag of metal or other permanent material 
indicating the following information: 
(1) the licensee's name; 
(2) the LP-gas license number; 
(3) the year the appliance was converted; and 
(4) the wording, "Converted to LP-Gas." 
(b) A single identification decal or tag may be used to satisfy the requirements 
in sec.sec.9.184, 9.266, 9.462, and 9.771 of this title (relating to uniform 
safety requirements, identification of piping installation, containers 
manufactured for underground installation, and vehicle identification labels, 
respectively) provided the decal or tag meets all the requirements of those 
sections.

sec.9.266. Identification of Piping Installation.
(a) In addition to the requirements of NFPA 54, Part 3, Gas Piping Installation, 
LP-gas piping shall be installed, altered, repaired, and tested only by persons 
properly licensed or certified by the LP-Gas Section of the Gas Services 
Division. 
(b) Upon completion of the installation, alteration, repair, or testing of an 
LP-gas piping system, the licensee shall attach to the end of the piping nearest 
the container a decal or tag of metal or other permanent material indicating the 
following information: 
(1) the licensee's name; 
(2) the LP-gas license number; and 
(3) the year the piping was installed, altered, repaired, or tested. 
(c) A single identification decal or tag may be used to satisfy the requirements 
in sec.sec.9.184, 9.263, 9.462, and 9.771 of this title (relating to uniform 
safety requirements, identification of converted appliances, containers 
manufactured for underground installation, and vehicle identification labels, 
respectively) provided the decal or tag meets all the requirements of those 
sections.

sec.9.269. Special Exceptions for Agricultural and Industrial Structures 
Regarding Appliance Connectors and Piping Support.
(a) In addition to the requirements of NFPA 54, sec.5.5.2 regarding gas hose 
connectors, agricultural structures, such as greenhouses or broiler houses, or 
industrial structures not inhabited by humans may have appliance connectors more 
than six feet in length provided that: 
(1) the hose used shall be marked as acceptable for LP-gas service; 
(2) the hose shall comply with sec.9.174(a) - (e) of this title (relating to 
Hose Specifications); 
(3) the length of the hose used shall be only that which is sufficient to serve 
the purpose for which it is intended; and 
(4) manufactured hose connections, such as quick-connect or threaded fittings, 
shall be used. 
(b) Broiler houses and other types of poultry houses only may connect LP-gas 
piping with stainless steel screw-type banded clamps in lieu of the required 
manufactured hose connections specified in subsection (a)(4) of this section, 
provided that the clamps are properly installed and the connections are gas-
tight, that the clamps are used in conjunction with hose barb adaptors, and that 
the system's operating pressure is 6 1/2 ounces or less. Other agricultural 
structures shall comply with the requirements of subsection (a)(4) of this 
section. 
(c) In addition to the requirements in NFPA 54, sec.3.3.6, Table II, the support 
spacing requirement for 3/4 to one inch pipe shall not apply to agricultural 
structures not inhabited by humans, such as greenhouses and broiler houses, 
provided that: 
(1) such piping is supported by ceiling trusses no more than ten feet apart; and 
(2) pipe joints and fittings are supported by the trusses. 

sec.9.272. Certification Requirements for Joining Methods. 
(a) In addition to the requirements in NFPA 54, sec.2.6.9, and in addition to 
other LP-gas certification requirements, prior to performing heat-fusion on 
polyethylene pipe or tubing, an individual shall be certified by either the 
Commission or a person or certification school authorized by the Commission. The 
certification shall confirm that the individual has a working knowledge of heat-
fusion methods and the ability to properly perform the heat-fusion activity. 
Licensees shall retain written proof regarding any current certifications for 
installation and repair methods for CSST. 
(b) The employer of an individual certified to perform heat-fusion activities 
shall complete LPG Form 506, which shall be maintained and available for review 
by a Commission representative. If the individual certified as required by 
subsection (a) of this section does not perform any heat-fusion activities for 
12 consecutive months, that individual shall be recertified prior to resuming 
any heat-fusion activities.

sec.9.275. High Pressure Gas Piping or Tubing. 
(a) High pressure gas piping or tubing, as defined in sec.9.2 of this title 
(relating to definitions), shall be of the following materials:
(1) Pipe shall be ASTM Steel Schedule 80 or better. 
(2) Copper or brass tubing shall be type "K" or L" with a minimum wall thickness 
of .032 inches. 
(3) All pipe fittings shall have a rating of 1,500 psi or greater. 
(4) Approved POL and pigtail assemblies shall be used.
(b) High pressure gas piping shall be joined by welding, threading, flaring, or 
flanging, and shall be gas-tight. 
(c) High pressure gas piping shall be installed and maintained in accordance 
with the requirements in NFPA 54, sec.sec.2.6.6, 2.6.7(d), 3.1.2, 3.1.3, and 
3.3.6. 
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618721
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER F. Consumer LP-Gas Systems
16 TAC sec.sec.9.456, 9.469, 9.470
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed repeals.
sec.9.456. Regulator Relief Valves. 
sec.9.469. Venting Regulators. 
sec.9.470. Draining Condensate. 
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618715
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER K. Appendices
16 TAC sec.9.927
(Editor's note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed repeal.
sec.9.927. Appendix G: Flow of LP-Gas Through Fixed Orifices. 
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618716
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER L. LP-Gas Piping and Piping Systems
16 TAC sec.sec.9.951-9.965
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed repeals.
sec.9.951. Low Pressure-High Pressure Piping. 
sec.9.952. Piping Installation Identification. 
sec.9.953. Specifications for Approved Low Pressure Piping or Tubing Materials. 
sec.9.954. Underground Corrosion Protection. 
sec.9.955. Piping Layout. 
sec.9.956. Joining Methods. 
sec.9.957. Drainage and Drips. 
sec.9.958. Piping Support. 
sec.9.959. Exterior Piping. 
sec.9.960. Joint Compound. 
sec.9.961. Bending Pipe. 
sec.9.962. Cap Outlets. 
sec.9.963. Pressure Test of Piping. 
sec.9.964. Specifications for Approved High Pressure Piping Materials. 
sec.9.965. Joining of High Pressure Piping. 
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618717
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER S. Installation or Repair of LP-Gas Containers, Piping or Appliances 
in Recreational Vehicles
16 TAC sec.sec.9.1651, 9.1653-9.1666, 9.1668-9.1695
(Editor's note: The text of the following sections proposed for repeal will not 
be published. The sections may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Texas Natural Resources Code, sec.113.051, 
which authorizes the Commission to adopt rules relating to any and all aspects 
or phases of the LP-gas industry that will protect or tend to protect the 
health, welfare, and safety of the general public; and sec.113.052, which allows 
the Commission to adopt by reference the published codes of nationally 
recognized societies, including the National Fire Protection Association. 
The Texas Natural Resources Code, sec.113.051 and sec.113.052, is affected by 
the proposed repeals.
sec.9.1651. Applicability of Subchapter S. 
sec.9.1653. Quality of Design and Installations of Gas Systems and Equipment. 
sec.9.1654. LP-Gas Container Working Pressure. 
sec.9.1655. Maximum Container Capacities. 
sec.9.1656. Location and Mounting of LP-Gas Containers.
sec.9.1657. Securing of LP-Gas Containers. 
sec.9.1658. Shielding of LP-Gas Containers from Heat of Internal Combustion 
Engine Exhaust System Components. 
sec.9.1659. Ventilation and Labeling of Compartments Containing LP-Gas 
Cylinders. 
sec.9.1660. Securing LP-Gas Container Housings. 
sec.9.1661. LP-Gas Container Appurtenances. 
sec.9.1662. Valves for Multiple LP-Gas Container Assembly Systems. 
sec.9.1663. Automatic Stop Fill Devices. 
sec.9.1664. Protection of LP-Gas Container Valves.
sec.9.1665. LP-Gas Regulators. 
sec.9.1666. LP-Gas Excess Flow Valves. 
sec.9.1668. Maximum Vapor Pressure. 
sec.9.1669. Gas Piping System Materials. 
sec.9.1670. Gas Piping Design. 
sec.9.1671. Gas Pipe Sizing. 
sec.9.1672. Joint Materials. 
sec.9.1673. Routing and Protection of Tubing and Piping. 
sec.9.1674. Location of Supply Connections. 
sec.9.1675. LP-Gas Supply Connectors. 
sec.9.1676. High-Pressure LP-Gas Connections. 
sec.9.1677. Low-Pressure LP-Gas Connections. 
sec.9.1678. Appliance Connections. 
sec.9.1679. Gas Shutoff Valves. 
sec.9.1680. Gas Inlet Cap. 
sec.9.1681. Prohibiting Use of Gas Piping as Electrical Ground. 
sec.9.1682. Gas Pipe Hangers and Supports. 
sec.9.1683. Testing for Gas Leakage. 
sec.9.1684. Gas Appliances. 
sec.9.1685. Venting Requirements. 
sec.9.1686. Installation of Internal Combustion Engine Generators. 
sec.9.1687. Marking of Appliances. 
sec.9.1688. Location of Appliances. 
sec.9.1689. Clearances of Heat-Producing Appliances.
sec.9.1690. Sizing and Materials of Supply Ducts.
sec.9.1691. Sizing, Materials, and Openings of Return Air Ducts. 
sec.9.1692. Air Duct Joints and Seams. 
sec.9.1693. Air Conditioning (Other Than Automotive-Type).
sec.9.1694. Required Information. 
sec.9.1695. Required Labels and Identification Plates.
Issued in Austin, Texas, on December 30, 1996. 
TRD-9618718
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Proposed date of adoption: June 1, 1997
For further information, please call: (512) 463-7008

CHAPTER 11.Surface Mining and Reclamation Division
SUBCHAPTER D.Coal Mining
16 TAC sec.11.221
(Editor's Note: The text of the following section proposed for repeal will not 
be published. The section may be examined in the offices of the Railroad 
Commission of Texas or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.)
The Railroad Commission of Texas proposes the repeal of sec.11.221, relating to 
state program regulations, and simultaneously proposes adoption of new 
sec.sec.12.1-12.7, 12.9, 12.10, 12.12-12.19, 12.21-12.23, 12.69, 12.71-12.73, 
12.75-12.85, 12.100-12.163, 12.170-12.205, 12.207-12.223, 12.225-12.234, 12.236-
12.243, 12.300-12.304, 12.306, 12.307, 12.312-12.314, 12.317, 12.325-12.328, 
12.330-12.360, 12.362-12.393, 12.395-12.403, 12.500-12.528, 12.530-12.572, 
12.600, 12.610-12.613, 12.620-12.622, 12.624, 12.625, 12.650, 12.651, 12.660, 
12.661, 12.670-12.675, 12.677-12.684, 12.686-12.694, 12.696-12.699, 12.700, 
12.702-12.710, 12.800-12.817, relating to regulation of coal mining and 
reclamation and the Texas Abandoned Mine Land Reclamation Program. The current 
sec.11.221 adopts by reference the coal mining and reclamation regulations found 
in the Commission's publication entitled "Coal Mining Regulations." The 
Commission proposes to adopt these regulations as new Chapter 12. The 
simultaneous repeal of the rules by reference and proposal of new sections is to 
enable the text of the coal mining and reclamation regulations to be printed in 
the Texas Administrative Code. Anyone who has access to the Texas Administrative 
Code, both print and electronic versions, will have access to all the coal 
mining and reclamation regulations without having to purchase separately the 
coal mining and reclamation regulations through the Commission. The rules are 
being moved from Chapter 11 to new Chapter 12, relating to coal mining and 
reclamation regulations, so that the last three digits of the current numbering 
system can be retained under the proposed new numbering system to retain some 
correlation between the current and proposed numbering systems. 
The Commission proposes the simultaneous repeal of the current sec.11.221 and 
adoption of the new sections for the sole purpose of renumbering the existing 
regulations (now adopted by reference) and incorporating the text into the Texas 
Administrative Code. No requirements are being added to or deleted from the 
existing coal mining and reclamation regulations. Minor changes to the existing 
coal mining and reclamation regulations are being proposed to conform existing 
rules to Texas Register format; update information such as the Commission's 
address; correct grammar, punctuation, and capitalization errors; and update 
internal references. Consequently, comments should be restricted to the proposed 
numbering system; proposed changes for Texas Register format; updated 
information; corrected grammar, punctuation, and capitalization; and updated 
internal references. 
The current coal mining and reclamation regulations that contain definitions 
that are applicable throughout the chapter have been moved to sec.12.3. The 
definitions located in current coal mining and reclamation regulations 
sec.sec.701.008, 705.011, 707.020, 760.070, 762.074, 770.101, 786.206, 788.224, 
795.235, 846.001 and 850.701 have been moved to sec.12.3, where definitions are 
arranged alphabetically. The new sections that would correspond to these current 
coal mining and reclamation regulations containing definitions have been 
reserved for future rule expansions. 
The numbering convention of the existing rules is retained to a limited extent 
in proposed new sec.sec.12.1 - 12.676 and sec.sec.12.700 - 12.817. The current 
coal mining and reclamation regulations are commonly referred to by the last 
three numbers, or the suffix, of the rule number. The proposed new sections 
retain the suffix numbering system except that the zeroes appearing at the 
beginning of the suffix are being dropped. For example, current Coal Mining 
Regulation sec.761.071, entitled Areas Where Mining Is Prohibited or Limited, 
and incorporated by reference at sec.11.221, will become sec.12.71 under this 
proposed rulemaking. Certain rules of the current coal mining and reclamation 
regulations have been renumbered to new sections without retaining the last 
three digits of the current rule number in order to better conform to the Texas 
Administrative Code numbering system. The rules currently incorporated by 
reference at sec.11.221 that will not maintain their last three digits upon 
adoption in Chapter 12 are as follows: Rule Incorporated by Reference: Section 
843.680 - new 12.677, 843.681 - new 12.678, 843.682 - new 12.679, 843.683 - new 
12.680, 843.684 - new 12.681, 843.685 - new 12.682, 843.686 - new 12.683, 
843.687 - new 12.684, 845.690 - new 12.686, 845.691 - new 12.687, 845.692 - new 
12.688, 845.693 - new 12.689, 845.694 - new 12.690, 845.695 - new 12.691, 
845.696 - new 12.692, 845.697 - new 12.693, 845.698 - new 12.694, 846.001 - 
(definitions moved to sec.12.3), 12.695 (reserved.), 846.002 - new 12.696, 
846.003 - new 12.697, 846.004 - new 12.698, and 846.005 - new 12.699. 
Mark Barnett, staff attorney, Environmental Section, Office of General Counsel, 
has determined that for each year of the first five years the proposed repeal 
and new sections are in effect there will be no fiscal implications for state or 
local governments as a result of enforcing or administering the sections because 
the proposed new rules are substantively identical to those currently 
incorporated by reference in sec.11.221. 
Mr. Barnett has also determined that the public benefit anticipated as a result 
of enforcing or administering the repeal and new sections will be better access 
to the state regulations applicable to coal mining and reclamation operations 
because the regulations will be part of the Texas Administrative Code. The rules 
will be published in the Texas Register and the Texas Administrative Code and 
available electronically via the Secretary of State's Internet address. 
Individuals and small businesses may experience a reduction in the economic cost 
of compliance because it will be faster and easier to obtain the text of the 
coal mining and reclamation regulations directly through the Texas 
Administrative Code or other resources rather than by purchasing the rules from 
the Commission. 
Comments on the proposal may be submitted to Mark Barnett, Staff Attorney, 
Environmental Section, Office of General Counsel, Railroad Commission of Texas, 
P.O. Box 12967, Austin, Texas 78711-2967. Comments will be accepted for 30 days 
after publication in the Texas Register. For more information, call Mr. Barnett 
at (512) 463-6801. 
The repeal is proposed under the Texas Natural Resources Code, sec.134.013, 
which authorizes the Commission to adopt and amend rules pertaining to surface 
coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed repeal: 
sec.11.221, Texas Natural Resources Code, Chapter 134.
sec.11.221. State Program Regulations.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618446
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

CHAPTER 12.Surface Mining and Reclamation Division
The Railroad Commission of Texas proposes new sec.sec.12.1-12.7, 12.9, 12.10, 
12.12-12.19, 12.21-12.23, 12.69, 12.71-12.73, 12.75-12.85, 12.100-12.163, 
12.170-12.205, 12.207-12.223, 12.225-12.234, 12.236-12.243, 12.300-12.304, 
12.306, 12.307, 12.312-12.314, 12.317, 12.325-12.328, 12.330-12.360, 12.362-
12.393, 12.395-12.403, 12.500-12.528, 12.530-12.572, 12.600, 12.610-12.613, 
12.620-12.622, 12.624, 12.625, 12.650, 12.651, 12.660, 12.661, 12.670-12.675, 
12.677-12.684, 12.686-12.694, 12.696-12.699, 12.700, 12.702-12.710, 12.800-
12.817, relating to regulation of coal mining and reclamation and the Texas 
Abandoned Mine Land Reclamation Program. The current sec.11.221 adopts by 
reference the coal mining and reclamation regulations found in the Commission's 
publication entitled "Coal Mining Regulations." The Commission proposes to adopt 
these regulations as new Chapter 12. The simultaneous repeal of the rules by 
reference and proposal of new sections is to enable the text of the coal mining 
and reclamation regulations to be printed in the Texas Administrative Code. 
Anyone who has access to the Texas Administrative Code, both print and 
electronic versions, will have access to all the coal mining and reclamation 
regulations without having to purchase separately the coal mining and 
reclamation regulations through the Commission. The rules are being moved from 
Chapter 11 to new Chapter 12, relating to coal mining and reclamation 
regulations, so that the last three digits of the current numbering system can 
be retained under the proposed new numbering system to retain some correlation 
between the current and proposed numbering systems. 
The Commission proposes the simultaneous repeal of the current sec.11.221 and 
adoption of the new sections for the sole purpose of renumbering the existing 
regulations (now adopted by reference) and incorporating the text into the Texas 
Administrative Code. No requirements are being added to or deleted from the 
existing coal mining and reclamation regulations. Minor changes to the existing 
coal mining and reclamation regulations are being proposed to conform existing 
rules to Texas Register format; update information such as the Commission's 
address; correct grammar, punctuation, and capitalization errors; and update 
internal references. Consequently, comments should be restricted to the proposed 
numbering system; proposed changes for Texas Register format; updated 
information; corrected grammar, punctuation, and capitalization; and updated 
internal references. 
The current coal mining and reclamation regulations that contain definitions 
that are applicable throughout the chapter have been moved to sec.12.3. The 
definitions located in current coal mining and reclamation regulations 
sec.sec.701.008, 705.011, 707.020, 760.070, 762.074, 770.101, 786.206, 788.224, 
795.235, 846.001 and 850.701 have been moved to sec.12.3, where definitions are 
arranged alphabetically. The new sections that would correspond to these current 
coal mining and reclamation regulations containing definitions have been 
reserved for future rule expansions. 
The numbering convention of the existing rules is retained to a limited extent 
in proposed new sec.sec.12.1 - 12.676 and sec.sec.12.700 - 12.817. The current 
coal mining and reclamation regulations are commonly referred to by the last 
three numbers, or the suffix, of the rule number. The proposed new sections 
retain the suffix numbering system except that the zeroes appearing at the 
beginning of the suffix are being dropped. For example, current Coal Mining 
Regulation sec.761.071, entitled Areas Where Mining Is Prohibited or Limited, 
and incorporated by reference at sec.11.221, will become sec.12.71 under this 
proposed rulemaking. Certain rules of the current coal mining and reclamation 
regulations have been renumbered to new sections without retaining the last 
three digits of the current rule number in order to better conform to the Texas 
Administrative Code numbering system. The rules currently incorporated by 
reference at sec.11.221 that will not maintain their last three digits upon 
adoption in Chapter 12 are as follows: Rule Incorporated by Reference: Section 
843.680 - new 12.677, 843.681 - new 12.678, 843.682 - new 12.679, 843.683 - new 
12.680, 843.684 - new 12.681, 843.685 - new 12.682, 843.686 - new 12.683, 
843.687 - new 12.684, 845.690 - new 12.686, 845.691 - new 12.687, 845.692 - new 
12.688, 845.693 - new 12.689, 845.694 - new 12.690, 845.695 - new 12.691, 
845.696 - new 12.692, 845.697 - new 12.693, 845.698 - new 12.694, 846.001 - 
(definitions moved to sec.12.3), 12.695 (reserved.), 846.002 - new 12.696, 
846.003 - new 12.697, 846.004 - new 12.698, and 846.005 - new 12.699. 
Mark Barnett, staff attorney, Environmental Section, Office of General Counsel, 
has determined that for each year of the first five years the proposed repeal 
and new sections are in effect there will be no fiscal implications for state or 
local governments as a result of enforcing or administering the sections because 
the proposed new rules are substantively identical to those currently 
incorporated by reference in sec.11.221. 
Mr. Barnett has also determined that the public benefit anticipated as a result 
of enforcing or administering the repeal and new sections will be better access 
to the state regulations applicable to coal mining and reclamation operations 
because the regulations will be part of the Texas Administrative Code. The rules 
will be published in the Texas Register and the Texas Administrative Code and 
available electronically via the Secretary of State's Internet address. 
Individuals and small businesses may experience a reduction in the economic cost 
of compliance because it will be faster and easier to obtain the text of the 
coal mining and reclamation regulations directly through the Texas 
Administrative Code or other resources rather than by purchasing the rules from 
the Commission. 
Comments on the proposal may be submitted to Mark Barnett, Staff Attorney, 
Environmental Section, Office of General Counsel, Railroad Commission of Texas, 
P.O. Box 12967, Austin, Texas 78711-2967. Comments will be accepted for 30 days 
after publication in the Texas Register. For more information, call Mr. Barnett 
at (512) 463-6801. 

SUBCHAPTER A.General
16 TAC sec.sec.12.1-12.7
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.1 - 12.7, 12.9, 12.10, 12.12 - 12.19, 12.21, 12.22, 12.23, 
12.69, 12.71, 12.72, 12.73, 12.75 - 12.77, 12.78 - 12.85, 12.100, 12.102, 12.103 
- 12.108, 12.109 - 12.115, 12.116 - 12.123, 12.124 - 12.138, 12.139 - 12.154, 
12.155 - 12.163, 12.170 - 12.184, 12.185 - 12.199, 12.200 - 12.205, 12.207 - 
12.221, 12.222, 12.223, 12.225 - 12.233, 12.234, 12.236 - 12.243, 12.300 - 
12.303, 12.304, 12.306, 12.307, 12.308 - 12.311, 12.312, 12.313, 12.314, 12.317, 
12.325 - 12.328, 12.330 - 12.360, 12.362 - 12.393, 12.395 - 12.403, 12.500 - 
12.528, 12.530 -12.572, 12.600, 12.610 - 12.613, 12.620 - 12.622, 12.624, 
12.625, 12.650, 12.651, 12.660, 12.661, 12.670 - 12.675, 12.677, 12.679 - 
12.684, 12.686 - 12.694, 12.696 - 12.699, 12.700, 12.702 - 12.710, 12.800 - 
12.817, Texas Natural Resources Code, Chapter 134.

sec.12.1. Objective.
The objective of these regulations is to fulfill the purposes of both the Texas 
and federal surface mining and reclamation acts relating to coal in a manner 
consistent with their language, legislative history, other applicable laws, and 
judicial interpretations. These purposes are delineated in sec.134.003 of the 
State Act and Section 102 of the Federal Act.

sec.12.2. Authority, Responsibility and Applicability. 
(a) The Commission has the authority and shall enforce state laws and 
regulations not inconsistent with the "Texas Surface Coal Mining and Reclamation 
Act" or the federal "Surface Mining Control and Reclamation Act of 1977" and the 
regulations lawfully promulgated thereunder. 
(b) This chapter applies to all coal exploration and surface coal mining and 
reclamation operations, except: 
(1) the extraction of coal by a landowner for his or her own noncommercial use 
from land owned or leased by him or her. Noncommercial use does not include the 
extraction of coal by one unit of an integrated company or other business or 
nonprofit entity which uses the coal in its own manufacturing or power plants; 
(2) the extraction of 250 tons of coal or less by a person conducting a surface 
mining and reclamation operation. A person who intends to remove more than 250 
tons is not exempted; 
(3) the extraction of coal as an incidental part of federal, state or local 
government-financed highway or other construction in accordance with the rules 
of the Commission and sec.sec.12.21 and 12.22 of this title (relating to 
Exemption for Coal Extraction Incident to Government-Financed Highway or Other 
Construction); and 
(4) the extraction of coal incidental to the extraction of other minerals where 
coal does not exceed 16 2/3 percent of the total tonnage of coal and other 
minerals removed annually for commercial use or sale or coal explorations 
subject to the Act. 
(c) The Commission is responsible for the regulation of surface coal mining and 
reclamation operations and coal exploration under the approved state program and 
the reclamation of abandoned mine lands under the approved state reclamation 
plan on non-federal and non-Indian lands. 
(d) The Secretary of the U.S. Department of the Interior may delegate to a state 
through a cooperative agreement certain authority relating to the regulation of 
surface coal mining and reclamation operations on federal lands in accordance 
with 30 CFR Part 745. 
(e) The Director, Office of Hearings and Appeals, U.S. Department of the 
Interior, is responsible for the administration of administrative hearings and 
appeals required or authorized by the Federal Act pursuant to the regulations in 
43 CFR Part 4.

sec.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.
Acid drainage --Water with a pH of less than 6.0 and in which total acidity 
exceeds total alkalinity, discharged from an active, inactive or abandoned 
surface coal mine and reclamation operation or from an area affected by surface 
coal mining and reclamation operations. 
Acid-forming materials --Earth materials that contain sulfide minerals or other 
materials which, if exposed to air, water, or weathering processes, form acids 
that may create acid drainage. 
Act or State Act --The "Texas Surface Coal Mining and Reclamation Act" (Texas 
Natural Resources Code, Chapter 134).
Adjacent area --Land located outside the affected area, permit area, or mine 
plan area, depending on the context in which adjacent area is used, where air, 
surface or ground water, fish, wildlife, vegetation or other resources protected 
by the Act may be adversely impacted by surface coal mining and reclamation 
operations.
Affected area --Any land or water surface which is physically altered by surface 
coal mining and reclamation operations. Affected area includes the disturbed 
area; any area upon which surface coal mining and reclamation operations are 
conducted; any adjacent lands the use of which is incidental to surface coal 
mining and reclamation operations; all areas covered by new or existing roads 
used to gain access to, or for hauling coal to or from surface coal mining and 
reclamation operations; any area covered by surface excavations, workings, 
impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, 
stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or 
depressions, repair areas, storage areas, shipping areas, any areas which 
contain sited structures, facilities, or other property material on the surface 
resulting from, or incident to, surface coal mining and reclamation operations; 
and the area located above underground workings. 
Agricultural activities --With respect to alluvial valley floors, the use of any 
tract of land for the production of animal or vegetable life, where the use is 
enhanced or facilitated by subirrigation or flood irrigation associated with 
alluvial valley floors. These uses include, but are not limited to, the 
pasturing, grazing or watering of livestock, and the cropping, cultivation or 
harvesting of plants whose production is aided by the availability of water from 
subirrigation or flood irrigation. Those uses do not include agricultural 
practices which do not benefit from the availability of water from subirrigation 
or flood irrigation. 
Agricultural use --The use of any tract of land for the production of animal or 
vegetable life. The uses include, but are not limited to, the pasturing, 
grazing, and watering of livestock, and the cropping, cultivation, and 
harvesting of plants.
Airblast --An airborne shock wave resulting from the detonation of explosives 
and which may or may not be audible.
Alluvial valley floors --The unconsolidated stream-laid deposits holding streams 
with water availability sufficient for subirrigation or flood irrigation 
agricultural activities but does not include upland areas which are generally 
overlain by a thin veneer of colluvial deposits composed chiefly of debris from 
sheet erosion, deposits formed by unconcentrated runoff or slope wash, together 
with talus, or other mass-movement accumulations, and windblown deposits.
Anthracite --Coal classified as anthracite in the American Society of Testing 
and Materials (ASTM) Standard D 388-77. Coal classifications are published by 
the ASTM under the title, "Standard Specification for Classification of Coals by 
Rank", ASTM D 388-77. This ASTM Standard is on file and available for inspection 
at the Office of the Surface Mining and Reclamation Division, Railroad 
Commission of Texas, 1701 North Congress Avenue, Austin, Texas.
APA --The "Administrative Procedure Act" (Texas Government Code, Chapter 2001). 
Applicant -- Any person seeking a permit from the Commission to conduct surface 
or underground coal mining and reclamation operations pursuant to the Act. With 
respect to Subchapter G of this chapter (relating to Surface Coal Mining and 
Reclamation Operations Permits and Coal Exploration Procedures Systems), this 
term includes a person who seeks to obtain exploration approval or a permit 
under that subchapter and the regulatory program. With respect to Subchapter M 
of this chapter (relating to Training), this term includes a person who submits 
an application to the Commission to request blaster training, examination or 
certification.
Application --The documents and other information filed with the Commission 
under this chapter (relating to Coal Mining Regulations) for the issuance of 
exploration approval or a permit. With respect to Subchapter M of this chapter 
(relating to Training), this term includes a request submitted to the Commission 
on a prescribed form, and including any required fee and any applicable 
supporting evidence or other attachments.
Approximate original contour --That surface configuration achieved by 
backfilling and grading of the mined areas so that the reclaimed area, including 
any terracing or access roads, closely resembles the general surface 
configuration of the land prior to mining and blends into and complements the 
drainage pattern of the surrounding terrain, with all highwalls, spoil piles and 
coal refuse piles eliminated. Permanent water impoundments may be permitted 
where the Commission has determined that they comply with sec.134.092(a)(8) of 
the Act.
Aquifer --A zone, stratum, or group of strata that can store and transmit water 
in sufficient quantities for a specific use.
Arid or semiarid area --In the context of alluvial valley floors, an area west 
of the 100th meridian west longitude, experiencing water deficits, where water 
use by native vegetation equals or exceeds that supplied by precipitation. As an 
example, the Eagle Pass field in Texas is in an arid or semiarid area. 
Auger mining --A method of mining coal at a cliff or highwall by drilling holes 
into an exposed coal seam from the highwall and transporting the coal along an 
auger bit to the surface. 
Best Technology Currently Available (BTCA) --Equipment, devices, systems, 
methods, or techniques which will:
(A) prevent, to the extent possible, additional contributions of suspended 
solids to stream flow or runoff outside the permit area, but in no event result 
in contributions of suspended solids in excess of requirements set by applicable 
state or federal laws; and 
(B) minimize, to the extent possible, disturbances and adverse impacts on fish, 
wildlife and related environmental values, and achieve enhancement of those 
resources where practicable. The term includes equipment, devices, systems, 
methods, or techniques which are currently available anywhere as determined by 
the Commission, even if they are not in routine use. The term includes, but is 
not limited to, construction practices, siting requirements, vegetative 
selection and planting requirements, animal stocking requirements, scheduling of 
activities and design of sedimentation ponds in accordance with sec.sec.12.330 
through 12.403 and 12.500 through 12.572 of this title (relating to Permanent 
Program Performance Standards -- Surface Mining Activities, and to Permanent 
Program Performance Standards -- Underground Mining Activities). The Commission 
shall have the discretion to determine the best technology currently available 
on a case-by-case basis, as authorized by the Act and this chapter (relating to 
Coal Mining Regulations).
Blaster --A person who is directly responsible for the use of explosives.
Blaster certification --To issue to an applicant a Commission Blaster 
Certificate. 
Blasthole --A hole drilled for the placement of explosives in rock or other 
material to be blasted. 
Blasting crew --Persons whose function is to load explosive charges and assist 
blasters in the use of explosives.
Cemetery --Any area of land where human bodies are interred.
Certificate issuance --To grant to an applicant his or her first Commission 
blaster certificate.
Certificate reissuance --To grant to an applicant, who has had a Commission 
blaster certificate that expired or was revoked, a subsequent certificate for 
which additional training and examination are required. 
Certificate renewal --To grant to an applicant, who holds a Commission blaster 
certificate that is currently valid and not expired or revoked, a subsequent 
certificate for which training and examination are not required.
Certificate replacement --To grant to an applicant, who holds a Commission 
blaster certificate that is currently valid and not expired, suspended, or 
revoked, a duplicate certificate as a substitute for one that was lost or 
destroyed.
Certified blaster --A person who has met the qualifications of Subchapter M of 
this chapter (relating to Training) and who has been issued a Commission blaster 
certificate that is currently valid and not expired, suspended, or revoked.
CFR -- The federal Code of Federal Regulations. 
Close of public comment period --The close of a public hearing on a surface 
mining permit application. When no public hearing is held, this time shall be 30 
days after the last publication of the newspaper notice required by 
sec.12.207(a) of this title (relating to Public Notices of Filing of Permit 
Applications).
Coal --Combustible carbonaceous rock, classified as anthracite, bituminous, 
subbituminous, or lignite by ASTM Standard D 388-77.
Coal exploration --The field gathering of:
(A) Surface or subsurface geologic, physical, or chemical data by mapping, 
trenching, drilling, geophysical, or other techniques necessary to determine the 
quality and quantity of overburden and coal of an area; or 
(B) The gathering of environmental data to establish the conditions of an area 
before beginning surface coal mining and reclamation operations under the 
requirements of this chapter (relating to Coal Mining Regulations). 
Coal exploration operation --The substantial disturbance of the surface or 
subsurface for the purpose of coal exploration.
Coal mine waste --Coal processing waste and underground development waste. 
Coal mining operation --The business of developing, producing, preparing and 
loading bituminous coal, subbituminous coal, anthracite, or lignite, or of 
reclaiming the areas upon which such activities occur. 
Coal preparation --Chemical or physical processing and the cleaning, 
concentrating, or other processing or preparation of coal.
Coal processing plant or coal preparation plant --A facility where coal is 
subjected to chemical or physical processing or cleaning, concentrating, or 
other processing or preparation. It includes facilities associated with coal 
preparation activities, including, but not limited to, the following: loading 
facilities; storage and stockpile facilities; sheds, shops and other buildings; 
water treatment and water storage facilities; settling basins and impoundments; 
coal processing and other waste disposal areas; and, roads, railroads and other 
transport facilities. It does not include facilities operated by the final 
consumer of the coal, such as an electricity generating power plant, when, in 
the opinion of the Commission, the primary purpose of the facilities is to make 
the coal ready for conversion into a different energy form and the facilities 
are located at or near the electricity generating plant or other point of final 
consumption away from the mine site and outside of the approved mine permit 
area. 
Coal processing waste --Earth materials which are combustible, physically 
unstable, or acid-forming or toxic-forming, which are wasted or otherwise 
separated from product coal, and slurried or otherwise transported from coal 
preparation plants, after physical or chemical processing, cleaning, or 
concentrating of coal.
Combustible material --Organic material that is capable of burning, either by 
fire or through oxidation, accompanied by the evolution of heat and a 
significant temperature rise. 
Commission --The Railroad Commission of Texas. 
Commission Blaster Certificate --A certificate issued by the Commission to a 
person determined to be qualified under sec.sec.12.700 through 12.710 of this 
title (relating to Training, Examination, and Certification of Blasters) to be 
directly responsible for the use of explosives in mining operations regulated by 
the Commission. 
Commissioner --One of the elected or appointed members of the decision making 
body defined as the Commission. 
Community or institutional building --Any structure, other than a public 
building or an occupied dwelling, which is used primarily for meetings, 
gatherings or functions of local civic organizations or other community groups; 
functions as an educational, cultural, historic, religious, scientific, 
correctional, mental-health or physical health care facility; or is used for 
public services, including, but not limited to, water supply, power generation 
or sewage treatment. 
Compaction --Increasing the density of a material by reducing the voids between 
the particles and is generally accomplished by controlled placement and 
mechanical effort such as from repeated application of wheel, track, or roller 
loads from heavy equipment. 
Complete application --An application for exploration approval or permit, which 
contains all information required under the Act and this chapter (relating to 
Coal Mining Regulations). 
Cropland --Land used for the production of adapted crops for harvest, alone or 
in a rotation with grasses and legumes, and includes row crops, small grain 
crops, hay crops, nursery crops, orchard crops, and other similar specialty 
crops, but does not include quick cover crops grown primarily for erosion 
control.
Cumulative impact area --The area, including the permit area, within which 
impacts resulting from the proposed operation may interact with the impacts of 
all anticipated mining on surface-water 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.
Department --The U.S. Department of the Interior. 
Direct financial interest --Ownership or part ownership by an employee of lands, 
stocks, bonds, debentures, warrants, partnership shares, or other holdings and 
also means any other arrangement where the employee may benefit from his or her 
holding in or salary from coal mining operations. Direct financial interests 
include employment, pensions, creditor, real property and other financial 
relationships.
Director --The Director or Acting Director, Office of Surface Mining Reclamation 
and Enforcement, within the U.S. Department of the Interior, or the Director's 
representative. 
Disturbed area --An area where vegetation, topsoil, or overburden is removed or 
upon which topsoil, spoil, coal processing waste, underground development waste, 
or noncoal waste is placed by surface coal mining operations. Those areas are 
classified as disturbed until reclamation is complete and the performance bond 
or other assurance of performance required by Subchapter J of this chapter 
(relating to Bond and Insurance Requirements for Surface Coal Mining and 
Reclamation Operations) is released. 
Diversion -- A channel, embankment, or other manmade structure constructed to 
divert water from one area to another.
Division --The Surface Mining and Reclamation Division of the Railroad 
Commission of Texas.
Downslope --The land surface between the projected outcrop of the lowest coal 
bed being mined along each highwall and a valley floor.
Embankment --An artificial deposit of material that is raised above the natural 
surface of the land and used to contain, divert, or store water, support roads 
or railways, or for other similar purposes.
Employee --Shall include:
(A) Any person employed by the Commission who performs any function or duty 
under the Act, including any of the Commissioners of the Railroad Commission of 
Texas; and 
(B) Advisory board or Commission members and consultants who perform any 
function or duty under the Act, if they perform decision making functions for 
the Commission under the authority of state law or regulations. However, members 
of advisory boards or commissions established in accordance with state law or 
regulations to represent multiple interests are not considered to be employees. 
Ephemeral stream --A stream which flows only in direct response to precipitation 
in the immediate watershed or in response to the melting of a cover of snow and 
ice, and which has a channel bottom that is always above the local water table. 
Essential hydrologic functions --The role of an alluvial valley floor in 
collecting, storing, regulating, and making the natural flow of surface or 
ground water, or both, usefully available for agricultural activities by reason 
of the valley floor's topographic position, the landscape and the physical 
properties of its underlying materials. A combination of these functions 
provides a water supply during extended periods of low precipitation.
(A) The role of the valley floor in collecting water includes accumulating 
runoff and discharge from aquifers in sufficient amounts to make the water 
available at the alluvial valley floor greater than the amount available from 
direct precipitation. 
(B) The role of the alluvial valley floor in storing water involves limiting the 
rate of discharge of surface water, holding moisture in soils, and holding 
ground water in porous materials. 
(C) The role of the alluvial valley floor in regulating:
(i) the natural flow of surface water results from the characteristic 
configuration of the channel flood plain and adjacent low terraces; and 
(ii) the natural flow of ground water results from the properties of the 
aquifers which control inflow and outflow. 
(D) The role of the alluvial valley floor in making water usefully available for 
agricultural activities results from the existence of flood plains and terraces 
where surface and ground water can be provided in sufficient quantities to 
support the growth of agriculturally useful plants, from the presence of earth 
materials suitable for the growth of agriculturally useful plants, from the 
temporal and physical distribution of water making it accessible to plants 
throughout the critical phases of the growth cycle either by flood irrigation or 
by subirrigation, from the natural control of alluvial valley floors in limiting 
destructive extremes of stream discharge, and from the erosional stability of 
earth materials suitable for the growth of agriculturally useful plants.
Existing structure --A structure or facility used in connection with or to 
facilitate surface coal mining and reclamation operations for which construction 
began prior to approval of the state program. 
Experimental practice --The use of alternative surface coal mining and 
reclamation operation practices for experimental or research purposes. 
Explosives --Any chemical compound, mixture, or device by whose decomposition or 
combustion gas is generated with such rapidity that it can be used for blasting. 
Extraction of coal as an incidental part --The extraction of coal which is 
necessary to enable the construction to be accomplished. For purposes of 
sec.sec.12.21 and 12.22 of this title (relating to Applicability, and to 
Information to be Maintained On Site), only that coal extracted from within the 
right-of-way, in the case of a road, railroad, utility line or other such 
construction, or within the boundaries of the area directly affected by other 
types of government-financed construction, may be considered incidental to that 
construction. Extraction of coal outside the right-of-way or boundary of the 
area directly affected by the construction shall be subject to the requirements 
of the Act and this chapter (relating to Coal Mining Regulations).
Federal Act --The "Surface Mining Control and Reclamation Act of 1977" (Pub. L. 
95-87). 
Federal lands --Any land, including mineral interests, owned by the United 
States, without regard to how the United States acquired ownership of the lands 
or which agency manages the lands. It does not include Indian lands.
Federal lands program --A program established by the Secretary, pursuant to 
Section 523 of the Federal Act, to regulate surface coal mining and reclamation 
operations on federal lands. 
Flood irrigation --With respect to alluvial valley floors, supplying water to 
plants by natural overflow or the diversion of flows, so that the irrigated 
surface is largely covered by a sheet of water. 
Flyrock --Rock or other blasted material that is propelled from a blast through 
the air or along the ground.
Fragile lands --Areas containing natural, ecologic, scientific or esthetic 
resources that could be significantly damaged by surface coal mining operations. 
Examples of fragile lands include valuable habitats for fish or wildlife, 
critical habitats for endangered or threatened species of animals or plants, 
uncommon geologic formations, paleontological sites, National Natural Landmarks, 
areas where mining may result in flooding, environmental corridors containing a 
concentration of ecologic and esthetic features, and areas of recreational value 
due to high environmental quality. 
Fugitive dust --That particulate matter not emitted from a duct or stack which 
becomes airborne due to the forces of wind or surface coal mining and 
reclamation operations or both. During surface coal mining and reclamation 
operations, it may include emissions from haul roads; wind erosion of exposed 
surfaces, storage piles, and spoil piles; reclamation operations; and other 
activities in which material is either removed, stored, transported, or 
redistributed.
Fund --The Abandoned Mine Reclamation Fund established pursuant to Section 401 
of the Federal Act.
General area --With respect to hydrology, the topographic and ground-water basin 
surrounding a mine plan area which is of sufficient size, including areal extent 
and depth, to include one or more watersheds containing perennial streams and 
ground-water zones and to allow assessment of the probable cumulative impacts on 
the quality and quantity of surface- and ground-water systems in the basins. 
Government financing agency --A federal, state, county, municipal, or local unit 
of government, or a department, bureau, agency or office of the unit which, 
directly or through another unit of government, finances construction. 
Government-financed construction --Construction funded 50 percent or more by 
funds appropriated from a government financing agency's budget or obtained from 
general revenue bonds, but shall not mean government financing agency 
guarantees, insurance, loans, funds obtained through industrial revenue bonds or 
their equivalent, or in-kind payments.
Ground water --Subsurface water that fills available openings in rock or soil 
materials to the extent that they are considered water saturated.
Half-shrub --A perennial plant with a woody base whose annually produced stems 
die back each year.
Head-of-hollow fill --A fill structure consisting of any material, other than 
coal processing waste and organic material, placed in the uppermost reaches of a 
hollow where side slopes of the existing hollow measured at the steepest point 
are greater than 20 degrees or the average slope of the profile of the hollow 
from the toe of the fill to the top of the fill is greater than 10 degrees. In 
fills with less than 250,000 cubic yards of material, associated with contour 
mining, the top surface of the fill will be at the elevation of the coal seam. 
In all other head-of-hollow fills, the top surface of the fill, when completed, 
is at approximately the same elevation as the adjacent ridge line, and no 
significant area of natural drainage occurs above the fill draining into the 
fill area. 
Highwall --The face of exposed overburden and coal in an open cut of a surface 
coal mining activity or for entry to underground mining activities. 
Historically used for cropland --Refers to:
(A) lands that have been used for cropland for any 5 years or more out of the 10 
years immediately preceding the acquisition, including purchase, lease, or 
option, of the land for the purpose of conducting or allowing through resale, 
lease or option the conduct of surface coal mining and reclamation operations; 
(B) lands that the Commission determines, on the basis of additional cropland 
history of the surrounding lands and the lands under consideration, that the 
permit area is clearly cropland but falls outside the specific 5-years-in-10 
criterion, in which case the regulations for prime farmland may be applied to 
include more years of cropland history only to increase the prime farmland 
acreage to be preserved; or 
(C) lands that would likely have been used as cropland for any 5 out of the last 
10 years, immediately preceding such acquisition but for some fact of ownership 
or control of the land unrelated to the productivity of the land. 
Historic lands --Historic, cultural, or scientific resources. Examples of 
historic lands include archeological sites, National Historic Landmarks, 
properties listed on or eligible for listing on a state or National Register of 
Historic Places, properties having religious or cultural significance to Native 
Americans or religious groups, and properties for which historic designation is 
pending. 
Hydrologic balance --The relationship between the quality and quantity of water 
inflow to, water outflow from, and water storage in a hydrologic unit such as a 
drainage basin, aquifer, soil zone, lake, or reservoir. It encompasses the 
dynamic relationships among precipitation, runoff, evaporation, and changes in 
ground and surface water storage. 
Hydrologic regime --The entire state of water movement in a given area. It is a 
function of the climate and includes the phenomena by which water first occurs 
as atmospheric water vapor, passes into a liquid or solid form, falls as 
precipitation, moves along or into the ground surface, and returns to the 
atmosphere as vapor by means of evaporation and transpiration. 
Imminent danger to the health and safety of the public --The existence of any 
condition or practice, or any violation of a permit or other requirements of the 
Act in a surface coal mining and reclamation operation, which condition, 
practice, or violation could reasonably be expected to cause substantial 
physical harm to persons outside the permit area before such condition, 
practice, or violation can be abated. A reasonable expectation of death or 
serious injury before abatement exists if a rational person, subjected to the 
same condition or practices giving rise to the peril, would not expose himself 
to the danger during the time necessary for abatement. 
Impoundment --A closed basin, naturally formed or artificially built, which is 
dammed or excavated for the retention of water, sediment, or waste. 
Indian lands --All lands, including mineral interests, within the exterior 
boundaries of any federal Indian reservation, notwithstanding the issuance of 
any patent, and including rights-of-way, and all lands including mineral 
interests held in trust for or supervised by an Indian tribe. 
Indian tribe --Any Indian tribe, band, group, or community having a governing 
body recognized by the Secretary. 
Indirect financial interest --The same financial relationships as for direct 
ownership, but where the employee reaps the benefits of such interests, 
including interests held by his or her spouse, minor child and other relatives, 
including in-laws, residing in the employee's home. The employee will not be 
deemed to have an indirect financial interest if there is no relationship 
between the employee's functions or duties and the coal mining operation in 
which the spouse, minor children or other resident relatives hold a financial 
interest. 
In situ processes --Activities conducted on the surface or underground in 
connection with in-place distillation, retorting, leaching, or other chemical or 
physical processing of coal. The term includes, but is not limited to, in situ 
gasification, in situ leaching, slurry mining, solution mining, borehole mining, 
and fluid recovery mining. 
Intermittent stream --A stream or reach of a stream that: 
(A) drains a watershed of at least one square mile; or 
(B) is below the local water table for at least some part of the year, and 
obtains its flow from both surface runoff and ground-water discharge.
Irreparable damage to the environment --Any damage to the environment that 
cannot be or has not been corrected by actions of the applicant.
Land use --Specific uses or management-related activities, rather than the 
vegetation or cover of the land. Land uses may be identified in combination when 
joint or seasonal uses occur. Changes of land use or uses from one of the 
following categories to another shall be considered as a change to an 
alternative land use which is subject to approval by the Commission. 
(A) Cropland. Land used for the production of adapted crops for harvest, alone 
or in a rotation with grasses and legumes, and includes row crops, small grain 
crops, hay crops, nursery crops, orchard crops, and other similar specialty 
crops. Land used for facilities in support of cropland farming operations which 
is adjacent to or an integral part of these operations is also included for 
purposes of these land use categories. 
(B) Pastureland or land occasionally cut for hay. Land used primarily for the 
long-term production of adapted, domesticated forage plants to be grazed by 
livestock or occasionally cut and cured for livestock feed. Land used for 
facilities in support of pastureland or land occasionally cut for hay which is 
adjacent to or an integral part of these operations is also included. 
(C) Grazingland. Includes both grasslands and forest lands where the indigenous 
vegetation is actively managed for grazing, browsing, or occasional hay 
production. Land used for facilities in support of ranching operations which are 
adjacent to or an integral part of these operations is also included. 
(D) Forestry. Land used or managed for the long-term production of wood, wood 
fiber, or wood derived products. Land used for facilities in support of forest 
harvest and management operations which is adjacent to or an integral part of 
these operations is also included. 
(E) Residential. Includes single- and multiple-family housing, mobile home 
parks, and other residential lodgings. Land used for facilities in support of 
residential operations which is adjacent to or an integral part of these 
operations is also included. Support facilities include, but are not limited to, 
vehicle parking and open space that directly relate to the residential use. 
(F) Industrial/Commercial. Land used for: 
(i) extraction or transformation of materials for fabrication of products, 
wholesaling of products, or for long-term storage of products. This includes all 
heavy and light manufacturing facilities, such as lumber and wood processing, 
chemical manufacturing, petroleum refining, and fabricated metal products 
manufacturing. Land used for facilities in support of these operations which is 
adjacent to or an integral part of that operation is also included. Support 
facilities include, but are not limited to, all rail, road, and other 
transportation facilities; or 
(ii) retail or trade of goods or services, including hotels, motels, stores, 
restaurants, and other commercial establishments. Land used for facilities in 
support of commercial operations which is adjacent to or an integral part of 
these operations is also included. Support facilities include, but are not 
limited to, parking, storage or shipping facilities. 
(G) Recreation. Land used for public or private leisure-time use, including 
developed recreation facilities such as parks, camps, and amusement areas, as 
well as areas for less intensive uses such as hiking, canoeing, and other 
undeveloped recreational uses. 
(H) Fish and wildlife habitat. Land dedicated wholly or partially to the 
production, protection or management of species of fish or wildlife. 
(I) Developed water resources. Includes land used for storing water for 
beneficial uses, such as stockponds, irrigation, fire protection, flood control, 
and water supply. 
(J) Undeveloped land or no current use or land management. Land that is 
undeveloped or, if previously developed, land that has been allowed to return 
naturally to an undeveloped state or has been allowed to return to forest 
through natural succession.
Knowingly --With respect to sec.sec.12.696 through 12.699 of this title 
(relating to Individual Civil Penalties), that an individual knew or had reason 
to know in authorizing, ordering, or carrying out an act or omission on the part 
of a corporate permittee that such act or omission constituted a violation, 
failure, or refusal. 
Materially damage the quantity or quality of water --With respect to alluvial 
valley floors, changes in the quality or quantity of the water supply to any 
portion of an alluvial valley floor where such changes are caused by surface 
coal mining and reclamation operations and result in changes that significantly 
and adversely affect the composition, diversity, or productivity of vegetation 
dependent on subirrigation, or which result in changes that would limit the 
adequacy of the water for flood irrigation of the irrigable land acreage 
existing prior to mining. 
Mine plan area --The area of land and water within the boundaries of all permit 
areas during the entire life of the surface coal mining and reclamation 
operations. At a minimum, it includes all areas which are or will be affected 
during the entire life of those operations. Other terms defined in this section 
which relate closely to mine plan area are:
(A) permit area, which will always be within or the same as the mine plan area; 
(B) affected area, which will always be within or the same as the permit area; 
and 
(C) adjacent area, which may surround or extend beyond the affected area, permit 
area, or mine plan area.
Moist bulk density --The weight of soil (oven dry) per unit volume. Volume is 
measured when the soil is at field moisture capacity (1/3 bar moisture tension). 
Weight is determined after drying the soil at 105 degrees C. 
Monitoring --The collection of environmental data by either continuous or 
periodic sampling methods. 
Mulch --Vegetation residues or other suitable materials that aid in soil 
stabilization and soil moisture conservation, thus providing micro-climatic 
conditions suitable for germination and growth. 
Natural hazard lands --Geographic areas in which natural conditions exist which 
pose or, as a result of surface coal mining operations, may pose a threat to the 
health, safety or welfare of people, property or the environment, including 
areas subject to landslides, cave-ins, large or encroaching sand dunes, severe 
wind or soil erosion, frequent flooding, avalanches and areas of unstable 
geology. 
Noxious plants --Species that have been included on official Texas list of 
noxious plants. 
Occupied dwelling --Any building that is currently being used on a regular or 
temporary basis for human habitation. 
Office --The Office of Surface Mining Reclamation and Enforcement, within the 
U.S. Department of the Interior, established under Title II of the Federal Act. 
Operator --Any person engaged in coal mining who removes or intends to remove 
more than 250 tons of coal from the earth or from coal refuse piles by mining 
within 12 consecutive calendar months in any one location.
Outslope --The face of the spoil or embankment sloping downward from the highest 
elevation to the toe. 
Overburden --Material of any nature, consolidated or unconsolidated, that 
overlies a coal deposit, excluding topsoil. 
Owned or controlled and owns or controls --Any one or a combination of the 
following relationships:
(A) being a permittee of a surface coal mining operation;
(B) based on instrument of ownership or voting securities, owning of record in 
excess of 50 percent of an entity; 
(C) having any other relationship which gives one person authority directly or 
indirectly to determine the manner in which an applicant, an operator, or other 
entity conducts surface coal mining operations; or
(D) the following relationships are presumed to constitute ownership or control 
unless a person can demonstrate that the person subject to the presumption does 
not, in fact, have the authority directly or indirectly to determine the manner 
in which the relevant surface coal mining operation is conducted: 
(i) being an officer or director of an entity; 
(ii) being the operator of a surface coal mining operation; 
(iii) having the ability to commit the financial or real property assets or 
working resources of an entity;
(iv) being a general partner in a partnership; 
(v) based on the instruments of ownership or the voting securities of a 
corporate entity, owning of record 10 percent through 50 percent of the entity; 
or 
(vi) owning or controlling coal to be mined by another person under a lease, 
sublease or other contract and having the right to receive such coal after 
mining or having authority to determine the manner in which that person or 
another person conducts a surface coal mining operation. 
Owner of record or ownership interest of record --The owner and address as shown 
in the tax records of the Texas Assessor-Collector of taxes for the county where 
the property is located.
Perennial stream --A stream or part of a stream that flows continuously during 
all of the calendar year as a result of ground-water discharge or surface 
runoff. The term does not include intermittent stream or ephemeral stream. 
Performance bond --A surety bond, collateral bond or self-bond or a combination 
thereof, by which a permittee assures faithful performance of all the 
requirements of the Act, this chapter (relating to Coal Mining Regulations), and 
the requirements of the permit and reclamation plan. 
Performing any function or duty under this Act --Those decisions or actions, 
which if performed or not performed by an employee, affect the programs under 
the Act. 
Permanent diversion --A diversion remaining after surface coal mining and 
reclamation operations are completed which has been approved for retention by 
the Commission and other appropriate state and federal agencies.
Permanent impoundment --An impoundment which is approved by the Commission and, 
if required, by other state and federal agencies for retention as part of the 
postmining land use. 
Permit --A permit to conduct surface coal mining and reclamation operations 
issued by the Commission. 
Permit area --The area of land and water indicated on the map submitted by the 
operator with his application, as approved by the Commission, which area shall 
be covered by the operator's bond as required by sec.sec.134.121 through 134.127 
of the Act and shall be readily identifiable by appropriate markers on the site. 
This area shall include, at a minimum, all areas which are or will be affected 
by the surface coal mining and reclamation operations during the term of the 
permit. 
Permittee --A person holding or required by the Act or this chapter (relating to 
Coal Mining Regulations) to hold a permit to conduct surface or underground coal 
mining and reclamation operations issued by the Commission. 
Person --An individual, partnership, society, joint stock company, firm, 
company, corporation, business organization, governmental agency, or any 
organization or association of citizens. 
Person having an interest which is or may be adversely affected or person with a 
valid legal interest -- Shall include any person:
(A) who uses any resources of economic, recreational, esthetic, or environmental 
value that may be adversely affected by coal exploration or surface coal mining 
and reclamation operations or any related action of the Commission; or 
(B) whose property is or may be adversely affected by coal exploration or 
surface coal mining and reclamation operations or any related action of the 
Commission. 
Precipitation event --A quantity of water resulting from drizzle, rain, snow, 
sleet, or hail in a limited period of time. It may be expressed in terms of 
recurrence interval. As used in these regulations, precipitation event also 
includes that quantity of water emanating from snow cover as snowmelt in a 
limited period of time. 
Prime farmland --Those lands which are defined by the Secretary of Agriculture 
in 7 CFR 657 and which have been historically used for cropland.
Principal shareholder --Any person who is the record or beneficial owner of 10 
percent or more of any class of voting stock. 
Probable cumulative impacts --The expected total qualitative, and quantitative, 
direct and indirect effects of mining and reclamation activities on the 
hydrologic regime. 
Probable hydrologic consequences --The projected result of proposed surface coal 
mining and reclamation operations which may reasonably be expected to change the 
quantity or quality of the surface- or ground-water flow, timing and pattern; 
the stream-channel conditions; and the aquatic habitat on the permit area and 
other affected areas. 
Professional specialist --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 (relating to 
Coal Mining Regulations). 
Prohibited financial interest --Any direct or indirect financial interest in any 
coal mining operation. 
Property to be mined --Both the surface and mineral estates on and underneath 
lands which are within the permit area.
Public building --Any structure that is owned or leased, and principally used by 
a governmental agency for public business or meetings.
Publicly-owned park --A public park that is owned by a federal, state or local 
governmental entity. 
Public office --A facility under the direction and control of a governmental 
entity which is open to public access on a regular basis during reasonable 
business hours. 
Public park --An area or portion of an area dedicated or designated by any 
federal, state, or local agency primarily for public recreational use, whether 
or not such use is limited to certain times or days, including any land leased, 
reserved, or held open to the public because of that use.
Public road -- Any thoroughfare open to the public for passage of vehicles. 
Qualified jurisdiction --A state or federal mining regulatory authority that has 
a blaster certification program approved by the U.S. Department of the Interior, 
Office of Surface Mining Reclamation and Enforcement, in accordance with the 
Federal Act. 
Qualified laboratory --A designated public agency, private consulting firm, 
institution, or analytical laboratory which can provide the required 
determination or statement required under sec.sec.12.234 through 12.243 of this 
title (relating to Small Operator Assistance Program). 
Rangeland --Land on which the natural potential (climax) plant cover is 
principally native grasses, forbs, and shrubs valuable for forage. This land 
includes natural grass lands and savannahs, such as prairies, and juniper 
savannahs, such as brushlands. Except for brush control, management is primarily 
achieved by regulating the intensity of grazing and season of use. 
Recharge capacity --The ability of the soils and underlying materials to allow 
precipitation and runoff to infiltrate and reach the zone of saturation. 
Reciprocity --The conditional recognition by the Commission of a blaster 
certificate issued by another qualified jurisdiction. 
Reclamation --Those actions taken to restore mined land as required by this 
chapter (relating to Coal Mining Regulations) to a postmining land use approved 
by the Commission. 
Recurrence interval --The interval of time in which a precipitation event is 
expected to occur once, on the average. For example, the 10-year, 24-hour 
precipitation event would be that 24-hour precipitation event expected to occur 
on the average once in 10 years. 
Reference area --A land unit maintained under appropriate management for the 
purpose of measuring vegetation ground cover, productivity and plant species 
diversity that are produced naturally or by crop production methods approved by 
the Commission. Reference areas must be representative of geology, soil, slope, 
and vegetation in the permit area. 
Regional Director --A Regional Director of the Office or a Regional Director's 
representative. 
Registered professional engineer --A person who is duly licensed by the Texas 
State Board of Registration for Professional Engineers to engage in the practice 
of engineering in this state.
Renewable resource lands --Aquifers and areas for the recharge of aquifers and 
other underground waters, areas for agricultural or silvicultural production of 
food and fiber, and grazing lands. With respect to Subchapter F of this chapter 
(relating to Lands Unsuitable for Mining), geographic areas which contribute 
significantly to the long-range productivity of water supply or of food or fiber 
products, such lands to include aquifers and aquifer recharge areas.
Road --A surface right-of-way for purposes of travel by land vehicles used in 
surface coal mining and reclamation operations or coal exploration. A road 
consists of the entire area within the right-of-way, including the roadbed, 
shoulders, parking and side areas, approaches, structures, ditches, and surface. 
The term includes access and haulroads constructed, used, reconstructed, 
improved, or maintained for use in surface coal mining and reclamation 
operations or coal exploration, including use by coal-hauling vehicles to and 
from transfer, processing, or storage areas. The term does not include ramps and 
routes of travel within the immediate mining area or within spoil or coal mine 
waste disposal areas. 
Safety factor --The ratio of the available shear strength to the developed shear 
stress, or the ratio of the sum of the resisting forces to the sum of the 
loading or driving forces, as determined by accepted engineering practices. 
Secretary --The Secretary of the U.S. Department of the Interior, or the 
Secretary's representative. 
Sedimentation pond --A primary sediment control structure designed, constructed 
and maintained in accordance with sec.sec.12.344 or 12.514 of this title 
(relating to Hydrologic Balance: Sedimentation Ponds) and including but not 
limited to a barrier, dam, or excavated depression which slows down water runoff 
to allow sediment to settle out. A sedimentation pond shall not include 
secondary sedimentation control structures, such as straw dikes, riprap, check 
dams, mulches, dugouts and other measures that reduce overland flow velocity, 
reduce runoff volume or trap sediment to the extent that such secondary 
sedimentation structures drain to a sedimentation pond. 
Significant forest cover --An existing plant community consisting predominantly 
of trees and other woody vegetation. 
Significant, imminent environmental harm to land, air or water resources -- 
Determined in the following context:
(A) An environmental harm is an adverse impact on land, air, or water resources, 
which resources include, but are not limited to, plant and animal life. 
(B) An environmental harm is imminent, if a condition, practice, or violation 
exists which: 
(i) is causing such harm; or 
(ii) may reasonably be expected to cause such harm at any time before the end of 
the reasonable abatement time that would be set under sec.134.162 of the Act. 
(C) An environmental harm is significant if that harm is appreciable and not 
immediately reparable.
Significant recreational, timber, economic, or other values incompatible with 
surface coal mining operations --Those significant values which could be damaged 
by, and are not capable of existing together with, surface coal mining 
operations because of the undesirable effects mining would have on those values, 
either on the area included in the permit application or on other affected 
areas. Those values to be evaluated for their significance include:
(A) recreation, including hiking, boating, camping, skiing or other related 
outdoor activities; 
(B) timber management and silviculture; 
(C) agriculture, aquaculture or production of other natural, processed or 
manufactured products which enter commerce; and 
(D) scenic, historic, archaeologic, esthetic, fish, wildlife, plants or cultural 
interests. 
Slope --Average inclination of a surface, measured from the horizontal, 
generally expressed as the ratio of a unit of horizontal distance to a given 
number of units of vertical distance (e.g., 5h:1v). It may also be expressed as 
a percent or in degrees. 
Soil horizons --Contrasting layers of soil parallel or nearly parallel to the 
land surface. Soil horizons are differentiated on the basis of field 
characteristics and laboratory data. The four master soil horizons are:
(A) A horizon. The uppermost mineral layer, often called the surface soil. It is 
the part of the soil in which organic matter is most abundant, and leaching of 
soluble or suspended particles is typically the greatest; 
(B) E horizon. The layer commonly near the surface below an A horizon and above 
a B horizon. An E horizon is most commonly differentiated from an overlying A 
horizon by lighter color and generally has measurably less organic matter than 
the A horizon. An E horizon is most commonly differentiated from an underlying B 
horizon in the same sequum by color of higher value or lower chroma, by coarser 
texture, or by a combination of these properties;
(C) B horizon. The layer that typically is immediately beneath the E horizon and 
often called the subsoil. This middle layer commonly contains more clay, iron, 
or aluminum than the A, E, or C horizons; and 
(D) C horizon. The deepest layer of soil profile. It consists of loose material 
or weathered rock that is relatively unaffected by biologic activity. 
Soil survey --A field and other investigation, resulting in a map showing the 
geographic distribution of different kinds of soils and an accompanying report 
that describes, classifies, and interprets such soils for use. Soil surveys must 
meet the standards of the National Cooperative Soil Survey. 
Spoil --Overburden that has been removed during surface coal mining operations. 
Stabilize --To control movement of soil, spoil piles, or areas of disturbed 
earth by modifying the geometry of the mass, or by otherwise modifying physical 
or chemical properties, such as by providing a protective surface coating. 
Steep slope --Any slope of more than 20 degrees or such lesser slope as may be 
designated by the Commission after consideration of soil, climate, and other 
characteristics of a region or state. 
Subirrigation --With respect to alluvial valley floors, the supplying of water 
to plants from underneath or from a semi-saturated or saturated subsurface zone 
where water is available for use by vegetation. Subirrigation may be identified 
by:
(A) diurnal fluctuation of the water table, due to the differences in nighttime 
and daytime evapotranspiration rates; 
(B) increasing soil moisture from a portion of the root zone down to the 
saturated zone, due to capillary action; 
(C) mottling of the soils in the root zones; 
(D) existence of an important part of the root zone within the capillary fringe 
or water table of an alluvial aquifer; or 
(E) an increase in streamflow or a rise in ground-water levels, shortly after 
the first killing frost on the valley floor.
Substantial legal and financial commitments in a surface coal mining operation -
-Significant investments that have been made on the basis of a long-term coal 
contract in power plants, railroads, coal-handling, preparation, extraction or 
storage facilities and other capital-intensive activities. An example would be 
an existing mine, not actually producing coal, but in a substantial stage of 
development prior to production. Costs of acquiring the coal in place or the 
right to mine it without an existing mine, as described in the above example, 
alone are not sufficient to constitute substantial legal and financial 
commitments. 
Substantially disturb --For purposes of coal exploration, to significantly 
impact land, air or water resources by such activities as blasting; mechanical 
excavation; drilling or altering coal or water exploratory holes or wells; 
removal of vegetation, topsoil, or overburden; construction of roads or other 
access routes; placement of structures, excavated earth, or waste material on 
the natural surface of land; or by other such activities; or to remove more than 
250 tons of coal. 
Successor in interest --Any person who succeeds to rights granted under a 
permit, by transfer, assignment, or sale of those rights.
Surface coal mining and reclamation operations --Surface coal mining operations 
and all activities necessary or incidental to the reclamation of such 
operations. This term includes the term surface coal mining operations. 
Surface coal mining operations --Includes:
(A) activities conducted on the surface of lands in connection with a surface 
coal mine or, subject to the requirements of sec.134.015 of the Act, surface 
operations and surface impacts incident to an underground coal mine, the 
products of which enter or the operations of which directly or indirectly affect 
interstate commerce. Such activities include excavation for the purpose of 
obtaining coal, including such common methods as contour, strip, auger, 
mountaintop removal, box cut, open pit, and area mining; the use of explosives 
and blasting; in situ distillation or retorting; leaching or other chemical or 
physical processing; the cleaning, concentrating, or other processing or 
preparation of coal; and the loading of coal for interstate commerce at or near 
the mine-site. Provided, however, that such activities do not include the 
extraction of coal incidental to the extraction of other minerals, where coal 
does not exceed 16 2/3 percent of the tonnage of minerals removed annually from 
all sites operated by a person on contiguous tracts of land for purposes of 
commercial use or sale, or coal exploration subject to sec.sec.134.014 and 
134.031(d) of the Act; and provided further, that excavation for the purpose of 
obtaining coal includes extraction of coal from coal refuse piles; and 
(B) areas upon which the activities described in subparagraph (A) of this 
definition occur or where such activities disturb the natural land surface. Such 
areas shall also include any adjacent land the use of which is incidental to any 
such activities, all lands affected by the construction of new roads or the 
improvement or use of existing roads to gain access to the site of those 
activities and for haulage and excavation, workings, impoundments, dams, 
ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden 
piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, 
storage areas, processing areas, shipping areas, and other areas upon which are 
site structures, facilities, or other property or material on the surface, 
resulting from or incident to those activities. 
Surface coal mining operations which exist on the date of enactment --All 
surface coal mining operations which were being conducted on August 3, 1977. 
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 recovering the coal, by auger coal mining, or by recovery of 
coal from a deposit that is not in its original geologic location. 
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 sec.134.004(19) of the Act and the definition of surface 
coal mining operations contained in this section. 
Suspended solids or nonfilterable residue -- Expressed as milligrams per liter, 
organic or inorganic materials carried 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). 
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. 
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 postmining land use. 
Ton --2,000 pounds avoirdupois (0.90718 metric ton). 
Topsoil --The A and E soil-horizon layers of the four master soil horizons. 
Toxic-forming materials --Earth materials or wastes which, if acted upon by air, 
water, weathering, or microbiological processes, are likely to produce chemical 
or physical conditions in soils or water that are detrimental to biota or uses 
of water. 
Toxic mine drainage --Water that is discharged 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. 
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. 
Unconsolidated streamlaid deposits holding streams --With respect to alluvial 
valley floors, all flood plains and terraces located in the lower portions of 
topographic valleys which contain perennial or other streams with channels that 
are greater than 3 feet in bankfull width and greater than 0.5 feet in bankfull 
depth. 
Underground development waste --Waste rock mixtures of coal, shale, claystone, 
siltstone, sandstone, limestone, or related materials that are excavated, moved, 
and disposed of during development and preparation of areas incident to 
underground mining activities. 
Underground mining activities --Includes:
(A) surface operations incident to underground extraction of coal or in situ 
processing, such as construction, use, maintenance, and reclamation of roads, 
above-ground repair areas, storage areas, processing areas, shipping areas, 
areas upon which are sited support facilities including hoist and ventilating 
ducts, areas utilized for the disposal and storage of waste, and areas on which 
materials incident to underground mining operations are placed; and 
(B) underground operations such as underground construction, operation, and 
reclamation of shafts, adits, underground support facilities, in situ 
processing, and underground mining, hauling, storage, and blasting. 
Undeveloped rangeland --For purposes of alluvial valley floors, lands where the 
use is not specifically controlled and managed. 
Unwarranted failure to comply --The failure of the permittee to prevent the 
occurrence of any violation of the permit or any requirement of the Act, due to 
the indifference, lack of diligence, or lack of reasonable care, or the failure 
to abate any violation of such permit or the Act, due to indifference, lack of 
diligence, or lack of reasonable care. 
Upland areas --With respect to alluvial valley floors, those geomorphic features 
located outside the floodplain and terrace complex, such as isolated higher 
terraces, alluvial fans, pediment surfaces, landslide deposits, and surfaces 
covered with residuum, mud flows or debris flows, as well as highland areas 
underlain by bedrock and covered by residual weathered material or debris 
deposited by sheetwash, rillwash, or windblown material. 
Valid existing rights --Includes:
(A) except for haul roads: 
(i) those property rights in existence on August 3, 1977, that were created by a 
legally binding conveyance, lease, deed, contract or other document which 
authorizes the applicant to produce coal by a surface coal mining operation; and 
(ii) the person proposing to conduct surface coal mining operations on such 
lands either: 
(I) had been validly issued, on or before August 3, 1977, all state and federal 
permits necessary to conduct such operations on those lands; or 
(II) can demonstrate to the Commission that the coal is both needed for, and 
immediately adjacent to, an ongoing surface coal mining operation for which all 
permits were obtained prior to August 3, 1977; 
(B) for haul roads, valid existing rights includes:
(i) A recorded right-of-way, recorded easement, or a permit for a coal haul road 
recorded as of August 3, 1977; or 
(ii) Any other road in existence as of August 3, 1977. 
(C) interpretation of the terms of the document relied upon to establish valid 
existing rights shall be based upon Texas case law concerning the interpretation 
of documents conveying mining rights. When no Texas case law exists, 
interpretation shall be based upon the usage and custom at the time and place 
where the document came into existence and upon a showing by the applicant that 
the parties to the document actually contemplated a right to conduct the same 
underground or surface mining activities for which the applicant claims a valid 
existing right. 
(D) valid existing rights does not include mere expectation of a right to 
conduct surface coal mining operations or the right to conduct underground coal 
mining. (Examples of rights which alone do not constitute valid existing rights 
include, but are not limited to, coal exploration permits or licenses, 
applications or bids for leases, or where a person has only applied for a state 
or federal permit.)
Valley fill --A fill structure consisting of any material other than coal waste 
and organic material that is placed in a valley where side slopes of the 
existing valley measured at the steepest point are greater than 20 degrees or 
the average slope of the profile of the valley from the toe of the fill to the 
top of the fill is greater than 10 degrees. 
Violation, failure, or refusal --With respect to sec.sec.12.696 through 12.699 
of this title (relating to Individual Civil Penalties), a violation of or a 
failure or refusal to comply with any order of the Commission including, but not 
limited to, notice of violation, failure-to-abate cessation order, imminent harm 
cessation order, order to show cause why a permit should not be suspended or 
revoked, and order in connection with a civil action for relief. 
Violation notice --Any written notification from a governmental entity of a 
violation of law, whether by letter, memorandum, legal or administrative 
pleading, or other written communication.
Water table --The upper surface of a zone of saturation, where the body of 
ground water is not confined by an overlying impermeable zone.
Willfully --With respect to sec.sec.12.696 through 12.699 of this title 
(relating to Individual Civil Penalties), that an individual acted: 
(A) either intentionally, voluntarily, or consciously; and 
(B) with intentional disregard or plain indifference to legal requirements in 
authorizing, ordering, or carrying out a corporate permittee's action or 
omission that constituted a violation, failure, or refusal. 
Willful violation --An act or omission which violates the Act, state, or federal 
laws or regulations, or any permit condition required by the Act or this chapter 
(relating to Coal Mining Regulations), committed by a person who intends the 
result which actually occurs. 

sec.12.4. Petitions to Initiate Rulemaking.
(a) Any person may petition the Commission to initiate a proceeding for the 
issuance, amendment, or repeal of any regulation under the Act. The petition 
shall be submitted to the Surface Mining and Reclamation Division, Railroad 
Commission of Texas, P.O. Box 12967, Austin, Texas 78711. 
(b) The petition shall be a concise statement of the facts, technical 
justification, and law which require issuance, amendment, or repeal of a 
regulation under the Act and shall indicate whether the petitioner desires a 
public hearing. 
(c) Upon receipt of the petition, the Commission shall determine if the petition 
sets forth facts, technical justification and law which may provide a reasonable 
basis for issuance, amendment or repeal of a regulation. Facts, technical 
justification or law previously considered in a petition or rulemaking on the 
same issue shall not provide a reasonable basis. If a reasonable basis is shown, 
a notice shall be published in the Texas Register asking for public comments on 
the proposed change.
(d) Within 90 days from receipt of the petition, the Commission shall issue a 
written decision either granting or denying the petition. 
(1) If the petition is granted, the Commission shall initiate a rulemaking 
proceeding in accordance with the APA. 
(2) If the petition is denied, the Commission shall notify the petitioner in 
writing, setting forth the reasons for denial. 

sec.12.5. Notice of Citizen Suits.
(a) A person who intends to initiate a civil action on his or her own behalf 
under sec.sec.134.182 through 134.187 of the Act shall give notice of intent to 
do so, in accordance with this section. 
(b) Notice shall be given by certified mail to the Commission, the Secretary of 
the U.S. Department of the Interior, and the Director of the federal Office of 
Surface Mining Reclamation and Enforcement, and by first class mail to the 
appropriate Regional Director. 
(c) Notice shall be given by certified mail to the alleged violator, if the 
complaint alleges a violation of the Act or any regulation, order, or permit 
issued under the Act. 
(d) Service of notice under this section is complete upon mailing to the last 
known address of the person being notified. 
(e) A person giving notice regarding an alleged violation shall state, to the 
extent known: 
(1) sufficient information to identify the provision of the Act, regulation, 
order, or permit allegedly violated; 
(2) the act or omission alleged to constitute a violation;
(3) the name, address, and telephone numbers of the person or persons 
responsible for the alleged violation; 
(4) the date, time, and location of the alleged violation;
(5) the name, address, and telephone number of the person giving notice; and 
(6) the name, address, and telephone number of legal counsel, if any, of the 
person giving notice. 
(f) A person giving notice of an alleged failure by the Commission to perform a 
mandatory act or duty under the Act shall state, to the extent known: 
(1) the provision of the Act containing the mandatory act or duty allegedly not 
performed; 
(2) sufficient information to identify the omission alleged to constitute the 
failure to perform a mandatory act or duty under the Act;
(3) the name, address, and telephone number of the person giving notice; and 
(4) the name, address, and telephone number of legal counsel, if any, of the 
person giving notice. 

sec.12.6. Availability of Records.
(a) Records required by the Act to be made available locally to the public shall 
be retained at the geographically closest office to the Commission's Surface 
Mining and Reclamation Division. 
(b) Other records or documents in the possession of the Commission may be 
requested pursuant to the Open Records Act (Texas Government Code, Chapter 552). 

sec.12.7. Computation of Time.
(a) Except as otherwise provided, computation of time under this chapter 
(relating to Coal Mining Regulations) is based on calendar days.
(b) In computing any period of prescribed time, the day on which the designated 
period of time begins is not included. The last day of the period is included 
unless it is a Saturday, Sunday, or legal holiday on which the Commission is not 
open for business, in which event the period runs until the end of the next day 
which is not a Saturday, Sunday, or legal holiday. 
(c) Intermediate Saturdays, Sundays, and legal holidays are excluded from the 
computation when the period of prescribed time is 7 days or less. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618447
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Permanent Regulatory Program
16 TAC sec.12.9
The new section is proposed under the Texas Natural Resources Code, sec.134.013, 
which authorizes the Commission to adopt and amend rules pertaining to surface 
coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
section: sec.12.9, Texas Natural Resources Code, Chapter 134. 

sec.12.9. Applicability.
(a) On or after 8 months from the date of state program approval (approved 
February 11, 1980), no person shall conduct surface coal mining and reclamation 
operations in the state without first having obtained a permit from the 
Commission. 
(b) The requirements of Subchapter K of this chapter (relating to Permanent 
Program Performance Standards) shall be effective and shall apply to each 
surface coal mining and reclamation operation which is required to obtain a 
permit under the Act, on the earliest date upon which the Act and this chapter 
(relating to Coal Mining Regulations) require a permit to be obtained, except as 
provided in subsection (c) of this section. 
(c) With respect to existing structures: 
(1) each structure used in connection with or to facilitate a coal exploration 
or surface coal mining and reclamation operation shall comply with the 
performance standards and the design requirements of Subchapter K of this 
chapter (relating to Permanent Program Performance Standards), except that: 
(A) an existing structure which meets the performance standards of Subchapter K 
of this chapter (relating to Permanent Program Performance Standards) but does 
not meet the design requirements of Subchapter K of this chapter (relating to 
Permanent Program Performance Standards) may be exempted from meeting those 
design requirements by the Commission. The Commission may grant this exemption 
only as part of the permit application process after obtaining the information 
required by sec.sec.12.140 or 12.186 of this title (relating to Operation Plan: 
Existing Structures) and after making the findings required in sec.12.217 of 
this title (relating to Criteria for Permit Approval or Denial: Existing 
Structures); and 
(B) an existing structure which does not meet a performance standard of 
Subchapter K of this chapter (relating to Permanent Program Performance 
Standards) shall be modified or reconstructed to meet the design standard of 
Subchapter K of this chapter (relating to Permanent Program Performance 
Standards) pursuant to a compliance plan approved by the Commission as part of 
the permit application as required in sec.sec.12.140 or 12.186 of this title 
(relating to Operation Plan: Existing Structures) and according to the findings 
required in sec.12.217 of this title (relating to Criteria for Permit Approval 
or Denial: Existing Structures); and 
(2) the exemptions provided in paragraph (1)(A) of this subsection shall not 
apply to: 
(A) the requirements for existing and new waste piles used either temporarily or 
permanently as dams or embankments; and 
(B) the requirements to restore the approximate original contour of the land. 
(d) The applicability of this chapter (relating to Coal Mining Regulations) to 
coal exploration is as follows: 
(1) any person conducting coal exploration on or after approval of the state 
program shall either file a notice of intention to explore or obtain the 
approval of the Commission required under sec.sec.12.109 through 12.115 of this 
title (relating to General Requirements for Coal Exploration); and 
(2) coal exploration performance standards of sec.sec.12.325 through 12.328 of 
this title (relating to Permanent Program Performance Standards -- Coal 
Exploration) shall apply to coal exploration which substantially disturbs the 
natural land surface two months after approval of the state program. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618448
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Restriction of Financial Interests of State Employees
16 TAC sec.sec.12.10, 12.12-12.19
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.10, 12.12 - 12.19, Texas Natural Resources Code, Chapter 
134. 

sec.12.10. Responsibility.
(a) The Commissioners or the Director of the Surface Mining and Reclamation 
Division, acting as their authorized representative, shall:
(1) provide advice, assistance, and guidance to all state employees required to 
file statements pursuant to sec.12.13 of this title (relating to Who Shall 
File); 
(2) promptly review the statement of employment and financial interests and 
supplements, if any, filed by each employee, to determine if the employee has 
correctly identified those listed employment and financial interests which 
constitute a direct or indirect financial interest in an underground or surface 
coal mining operation; 
(3) resolve prohibited financial interest situations by ordering or initiating 
remedial action, by initiating appropriate legal action, or by reporting the 
violations to the Director who is responsible for initiating action to impose 
the penalties of the Federal Act; 
(4) certify on each statement that review has been made, that prohibited 
financial interests, if any, have been resolved, and that no other prohibited 
interests have been identified from the statement; 
(5) submit to the Director such statistics and information as he or she may 
request to enable preparation of the required annual report to Congress; 
(6) submit to the Director the initial listing and the subsequent annual 
listings of positions as required by sec.sec.12.13(b) and (c) of this title 
(relating to Who Shall File); 
(7) furnish a blank statement 45 days in advance of the filing date established 
by sec.12.14(a) of this title (relating to When to File) to each state employee 
required to file a statement; and 
(8) inform annually each state employee required to file a statement with the 
Commission, of the name, address, and telephone number of the person whom they 
may contact for advice and counseling. 
(b) Commission employees performing any duties or functions under the Act shall: 
(1) have no direct or indirect financial interest in coal mining operations; 
(2) file a fully completed statement of employment and financial interest upon 
entrance to duty, and annually thereafter on the specified filing date; and 
(3) comply with directives issued by persons responsible for approving each 
statement and comply with directives issued by those persons responsible for 
ordering remedial action.

sec.12.12. Penalties.
(a) Criminal penalties are imposed by sec.134.007 of the Act. Section 134.007 of 
the Act prohibits each employee of the Commission who performs any function or 
duty under the Act from having a direct or indirect financial interest in any 
underground or surface coal mining operation. The Act provides that whoever 
knowingly violates the provisions of sec.134.007 of the Act shall, upon 
conviction, be punished by a fine of not more than $2,500, or by imprisonment of 
not more than one year, or by both. 
(b) The provisions in sec.134.007 of the Act make compliance with the financial 
interest requirements a condition of employment for employees of the Commission 
who perform any functions or duties under the Act. Accordingly, an employee who 
fails to file the required statement will be considered in violation of the 
intended employment provisions of sec.134.007 of the Act and will be subject to 
removal from his or her position.

sec.12.13. Who Shall File.
(a) Any employee who performs any function or duty under the Act is required to 
file a statement of employment and financial interests. An employee who occupies 
a position which has been determined by the Commission not to involve 
performance of any function or duty under the Act or who is no longer employed 
by the Commission at the time a filing is due, is not required to file a 
statement. 
(b) The Commission shall prepare a list of those positions within the Commission 
that do not involve performance of any functions or duties under the Act. 
(c) The Commission shall annually review and update the listing of positions not 
involving the performance of any functions or duties under the Act. For 
monitoring and reporting reasons, the listing must be submitted to the Director 
and must contain a written justification for inclusion of the positions listed. 
Proposed revisions or a certification that revision is not required shall be 
submitted to the Director by no later than September 30 of each year. The 
Commission may revise the listing by the addition or deletion of positions at 
any time such revisions are required to carry out the purpose of the law or the 
regulations of sec.sec.12.10, 12.12, this section, and sec.sec.12.14 through 
12.19 of this title (relating to Restriction of Financial Interests of State 
Employees). Additions to and deletions from the listing of positions are 
effective upon notification to the incumbents of the positions added or deleted. 

sec.12.14. When to File.
(a) Employees performing functions or duties under the Act shall file annually 
on February 1st of each year. 
(b) New employees hired, appointed, or transferred to perform functions or 
duties under the Act will be required to file at the time of entrance to duty. 
(c) New employees are not required to file an annual statement on the subsequent 
annual filing date if this date occurs within two months after their initial 
statement was filed. 

sec.12.15. Where to File.
The Commissioners shall file their statements with the Director. All other 
employees shall file their statement with the Commission.

sec.12.16. What to Report.
(a) Each employee shall report all information required on the statement of 
employment and financial interests of the employee, his or her spouse, minor 
children, or other relatives who are full-time residents of the employee's home. 
The report shall be on OSM Form 705-1 as provided by the Office. 
(b) The statement will set forth the following information regarding any 
financial interest: 
(1) Employment. Any continuing financial interests in business entities and 
nonprofit organizations through a pension or retirement plan, shared income, 
salary or other income arrangement as a result of prior or current employment. 
The employee, his or her spouse or other resident relative is not required to 
report a retirement plan from which he or she will receive a guaranteed income. 
A guaranteed income is one which is unlikely to be changed as a result of 
actions taken by the Commission; 
(2) Securities. Any financial interest in business entities and nonprofit 
organizations through ownership of stock, stock options, bonds, securities or 
other arrangements including trusts. An employee is not required to report 
holdings in widely diversified mutual funds, investments clubs or regulated 
investment companies not specializing in underground and surface coal mining 
operations; 
(3) Real Property. Ownership, lease, royalty or other interests or rights in 
land or minerals. Employees are not required to report lands developed and 
occupied for a personal residence; and 
(4) Creditors. Debts owed to business entities and nonprofit organizations. 
Employees are not required to report debts owed to financial institutions 
(banks, savings and loan associations, credit unions, and the like) which are 
chartered to provide commercial or personal credit. Also excluded are charge 
accounts and similar short term debts for current and ordinary household and 
living expenses. 
(c) Employee certification, and, if applicable, a listing of exceptions, shall 
include the following: 
(1) the statement will provide for a signed certification by the employee that, 
to the best of his or her knowledge: 
(A) none of the listed financial interests represent an interest in an 
underground or surface coal mining operation except as specifically identified 
and described as exceptions by the employee as part of the certificate; and 
(B) the information shown on the statement is true, correct, and complete; 
(2) an employee is expected to: 
(A) have complete knowledge of his or her personal involvement in business 
enterprises such as a sole proprietorship and partnership, his or her outside 
employment and the outside employment of the spouse and other covered relatives; 
and 
(B) be aware of the information contained in the annual financial statement or 
other corporate or business reports routinely circulated to investors or 
routinely made available to the public; 
(3) the exceptions shown in the employee certification of the form must provide 
enough information for the Commission to determine the existence of a direct or 
indirect financial interest. Accordingly, the exceptions should: 
(A) list the financial interests; 
(B) show the number of shares, estimated value or annual income of the financial 
interests; and 
(C) include any other information which the employee believes should be 
considered in determining whether or not the interest represents a prohibited 
interest; and 
(4) employees are cautioned to give serious consideration to their direct and 
indirect financial interests before signing the statement of certification. 
Signing the certification without listing known prohibited financial interests 
may be the cause for imposing the penalties prescribed in sec.12.12(a) of this 
title (relating to Penalties). 

sec.12.17. Gifts and Gratuities.
(a) Except as provided in subsection (b) of this section, employees shall not 
solicit or accept, directly or indirectly, any gift, gratuity, favor, 
entertainment, loan or any other thing of monetary value, from a coal company 
which: 
(1) conducts or is seeking to conduct, operations or activities that are 
regulated by the Commission; or 
(2) has interests that may be substantially affected by the performance or non-
performance of the employee's official duty. 
(b) The prohibitions in subsection (a) of this section do not apply in the 
context of obvious family or personal relationships, such as those between the 
parents, children, or spouse of the employee and the employee, when the 
circumstances make it clear that it is those relationships rather than the 
business of the person concerned which are the motivating factors.
(c) Employees found guilty of violating the provisions of this section will be 
subject to administrative remedies which may include: 
(1) return of the gift or gratuity; 
(2) reassignment; 
(3) suspension or reduction in pay; and 
(4) job termination. 

sec.12.18. Resolving Prohibited Interests.
Actions to be taken by the Commission: 
(1) Remedial action to effect resolution. If an employee has a prohibited 
financial interest, the Commission shall promptly advise the employee that 
remedial action which will resolve the prohibited interest is required within 90 
days. 
(2) Form of remedial action. Remedial action may include:
(A) reassignment of the employee to a position which performs no function or 
duty under the Act; or 
(B) divestiture of the prohibited financial interest; or 
(C) other appropriate action which either eliminates the prohibited interest or 
eliminates the situation which creates the conflict. 
(3) Reports of noncompliance. If 90 days after an employee is notified to take 
remedial action that employee is not in compliance with the requirements of the 
Act and these regulations, the Commission shall take appropriate legal action 
through the state Attorney General's office as specified under sec.12.12 of this 
title (relating to Penalties), and report the facts of the situation to the 
Director, who shall determine whether any additional action should be initiated. 
The report to the Director shall include the original or a certified true copy 
of the employee's statement and any other information pertinent to the 
Director's determination, including a statement of actions being taken at the 
time the report is made.

sec.12.19. Appeals Procedures.
Employees have the right to appeal an order for remedial action under sec.12.18 
of this title (relating to Resolving Prohibited Interests), and shall have 30 
days to exercise this right before disciplinary action is initiated.
(1) Employees, other than the Commissioners, may file their appeal, in writing, 
through established procedures within the Commission.
(2) The Commissioners may file their appeals, in writing, with the Director, who 
will refer it to the Conflict of Interest Appeals Board within the U.S. 
Department of the Interior. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618449
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Exemption for Coal Extraction Incident to Government-Financed Highway or Other 
Construction
16 TAC sec.12.21, sec.12.22
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.21, 12.22, Texas Natural Resources Code, Chapter 134. 

sec.12.21. Applicability.
(a) Coal extraction which is an incidental part of government-financed 
construction is exempt from the Act and this chapter (relating to Coal Mining 
Regulations). 
(b) Any person who conducts or intends to conduct coal extraction which does not 
satisfy subsection (a) of this section shall not proceed until a permit has been 
obtained from the Commission.

sec.12.22. Information to Be Maintained on Site. 
Any person extracting coal incident to a government-financed highway or other 
construction who extracts more than 250 tons of coal shall maintain, on the site 
of the extraction operation and available for inspection, documents which show: 
(1) a description of the construction project; 
(2) the exact location of the construction, right-of-way or the boundaries of 
the area which will be directly affected by the construction; and 
(3) the government agency which is providing the financing and the kind and 
amount of public financing, including the percentage of the entire construction 
costs represented by the government financing. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618450
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Awards of Costs and Expenses
16 TAC sec.12.23
The new section is proposed under the Texas Natural Resources Code, sec.134.013, 
which authorizes the Commission to adopt and amend rules pertaining to surface 
coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
section: sec.12.23, Texas Natural Resources Code, Chapter 134.

sec.12.23. Costs and Expenses.
An award may be made pursuant to sec.134.172 of the Act: 
(1) to the Commission when it demonstrates that any person applied for review 
pursuant to sec.sec.134.161 through 134.173 of the Act or that any party 
participated in such a proceeding in bad faith and for the purpose of harassing 
or embarrassing the Commission; 
(2) to a permittee from any person when the permittee demonstrates that the 
person initiated a proceeding under sec.sec.134.161 through 134.173 of the Act 
or participated in such a proceeding in bad faith and for the purpose of 
harassing or embarrassing the permittee; 
(3) to a permittee from the Commission when the permittee demonstrates that the 
Commission issued an order of cessation, a notice of violation, or an order to 
show cause why a permit should not be suspended or revoked, in bad faith and for 
the purpose of harassing or embarrassing the permittee; 
(4) to any person other than a permittee or his representative from the 
Commission if the person initiates or participates in any proceeding under the 
Act, upon a finding that the person made a substantial contribution to a full 
and fair determination of the issues; or 
(5) to any person from the permittee if the person initiates any administrative 
proceedings reviewing enforcement actions, upon a finding that a violation of 
the Act, regulations, or permit has occurred, or that an imminent hazard 
existed; or to any person who participates in an enforcement proceeding when 
such finding is made if the Commission determines that the person made a 
substantial contribution to the full and fair determination of the issues. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618451
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER F.Lands Unsuitable for Mining
General
16 TAC sec.12.69
The new section is proposed under the Texas Natural Resources Code, sec.134.013, 
which authorizes the Commission to adopt and amend rules pertaining to surface 
coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
section: sec.12.69, Texas Natural Resources Code, Chapter 134. 

sec.12.69. Objectives.
This subchapter (relating to Lands Unsuitable for Mining) establishes the 
procedures and standards to be followed in determining whether a proposed 
surface coal mining and reclamation operation can be authorized in light of the 
prohibitions and limitations in sec.sec.134.016 through 134.022 of the Act for 
those types of operations on certain public and private lands. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618452
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Areas Designated by Act of Congress
16 TAC sec.12.71, sec.12.72
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.12.71, sec.12.72, Texas Natural Resources Code, Chapter 134. 

sec.12.71. Areas Where Mining Is Prohibited or Limited.
Subject to valid existing rights, no surface coal mining operations shall be 
conducted after August 3, 1977, unless those operations existed on the date of 
enactment: 
(1) on any lands within the boundaries of the National Park System, the National 
Wildlife Refuge System, the National System of Trails, the National Wilderness 
Preservation System, the Wild and Scenic Rivers System, including study rivers 
designated under Section 5(a) of the Wild and Scenic Rivers Act, and National 
Recreation Areas designated by Act of Congress;
(2) on any federal lands within the boundaries of any national forest; provided, 
however, that surface coal mining operations may be permitted on such lands if 
the U. S. Secretary of the Interior finds that there are no significant 
recreational, timber, economic, or other values which may be incompatible with 
surface coal mining operations; and surface operations and impacts are incident 
to an underground coal mine; 
(3) on any lands where mining will adversely affect any publicly owned park or 
any places included in the National Register of Historic Places, unless approved 
jointly by the Commission and the federal, state or local agency with 
jurisdiction over the park or place; 
(4) within 100 feet, measured horizontally, of the outside right-of-way line of 
any public road, except: 
(A) where mine access roads or haulage roads join such right-of-way line; or 
(B) where the Commission or the appropriate public road authority, pursuant to 
being designated as the responsible agency by the Commission, allows the public 
road to be relocated or the area affected to be within 100 feet of such road, 
after: 
(i) public notice and opportunity for a public hearing in accordance with 
sec.12.72(e) of this title (relating to Procedures); and 
(ii) making a written finding that the interests of the affected public and 
landowners will be protected; 
(5) within 300 feet, measured horizontally, of any occupied dwelling, except 
when: 
(A) the owner thereof has provided a written waiver consenting to surface coal 
mining operations closer than 300 feet; or 
(B) the part of the mining operation which is within 300 feet of the dwelling is 
a haul road or access road which connects with an existing public road on the 
side of the public road opposite the dwelling; 
(6) within 300 feet, measured horizontally, of any public building, school, 
church, community or institutional building or public park; or 
(7) within 100 feet, measured horizontally, of a cemetery.

sec.12.72. Procedures.
(a) Upon receipt of a complete application for a surface coal mining and 
reclamation operation permit, the Commission shall review the application to 
determine whether surface mining operations are limited or prohibited under 
sec.12.71 of this title (relating to Areas Where Mining is Prohibited or 
Limited) on the lands which would be disturbed by the proposed operations. 
(b) Where the proposed operation would be located on any lands listed in 
sec.12.71(1), (6), and (7) of this title (relating to Areas Where Mining is 
Prohibited or Limited), the Commission shall reject the application if the 
applicant had no valid existing rights for the area, or if the operation did not 
exist on August 3, 1977. 
(c) If the Commission is unable to determine whether the proposed operation is 
located within the boundaries of any of the lands in sec.12.71(1) of this title 
(relating to Areas Where Mining is Prohibited or Limited) or closer than the 
limits provided in sec.12.71(6) and (7) of this title (relating to Areas Where 
Mining is Prohibited or Limited), the Commission shall transmit a copy of the 
relevant portions of the permit application to the appropriate federal, state or 
local government agency for a determination or clarification of the relevant 
boundaries or distances, with a notice to the appropriate agency that it has 30 
days from receipt of the notification in which to respond.
(d) Where the proposed operation would include federal lands within the 
boundaries of any national forest, and the applicant seeks a determination that 
mining is permissible, the applicant shall submit a permit application to the 
Regional Director for processing. 
(e) Where the mining operation is proposed to be conducted within 100 feet, 
measured horizontally, of the outside right-of-way line of any public road 
(except as provided in sec.12.71(4)(A) of this title (relating to Areas Where 
Mining is Prohibited or Limited)) or where the applicant proposes to relocate or 
close any public road, the Commission or public road authority identified by the 
Commission shall: 
(1) require the applicant to obtain necessary approvals of the authority with 
jurisdiction over the public road; 
(2) provide an opportunity for a public hearing in the locality of the proposed 
mining operations for the purpose of determining whether the interests of the 
public and affected landowners will be protected;
(3) if a public hearing is requested, provide appropriate advance notice in a 
newspaper of the public hearing, to be published in a newspaper of general 
circulation in the affected locale at least 2 weeks prior to the hearing; and 
(4) make a written finding based upon information received at the public hearing 
within the time allowed by the Administrative Procedure Act after completion of 
the hearing, or 30 days after any public comment period ends if no hearing is 
held, as to whether the interests of the public and affected landowners will be 
protected from the proposed mining operation. No mining shall be allowed within 
100 feet of the outside right-of-way line of a road, nor may a road be relocated 
or closed, unless the Commission or public road authority identified by the 
Commission determines that the interests of the public and affected landowners 
will be protected. 
(f) With respect to occupied dwellings: 
(1) where the proposed surface coal mining operations would be conducted within 
300 feet, measured horizontally, of any occupied dwelling, the permit applicant 
shall submit with the application a written waiver, by lease, deed, or other 
written instrument from the owner of the dwelling, clarifying that the owner and 
signatory had the legal right to deny mining and knowingly waived that right. 
The waiver shall act as consent to such operations within a closer distance of 
the dwelling as specified; 
(2) where the applicant for a permit after August 3, 1977, had obtained a valid 
waiver prior to August 3, 1977, from the owner of an occupied dwelling to mine 
within 300 feet of such dwelling, a new waiver shall not be required; and 
(3) with respect to such waivers: 
(A) where the applicant for a permit after August 3, 1977, had obtained a valid 
waiver from the owner of an occupied dwelling, that waiver shall remain 
effective against subsequent purchasers who had actual or constructive knowledge 
of the existing waiver at the time of purchase; and 
(B) a subsequent purchaser shall be deemed to have constructive knowledge if the 
waiver has been properly filed in public property records pursuant to state 
laws, or if the mining has proceeded to within the 300-foot limit prior to the 
date of purchase. 
(g) With respect to public parks and historic sites: 
(1) where the Commission determines that the proposed surface coal mining 
operation will adversely affect any publicly owned park or any place included in 
the National Register of Historic Places, the Commission shall transmit to the 
federal, state or local agency with jurisdiction over the publicly owned park or 
National Register place a copy of applicable parts of the permit application, 
together with a request for that agency's approval or disapproval of the 
operation, and a notice to that agency that it has 30 days from receipt of the 
request within which to respond and that failure to interpose a timely objection 
will constitute approval; and 
(2) a permit for the operation shall not be issued unless jointly approved by 
all affected agencies. 
(h) If the Commission determines that the proposed surface coal mining operation 
is not prohibited under sec.sec.134.016 through 134.022 of the Act and this 
subchapter (relating to Lands Unsuitable for Mining), it may nevertheless, 
pursuant to appropriate petitions, designate such lands as unsuitable for all or 
certain types of surface coal mining operations. 
(i) A determination by the Commission that a person holds or does not hold valid 
existing rights or that surface coal mining operations did or did not exist on 
the date of enactment shall be subject to administrative and judicial review.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618454
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Criteria for Designating Areas as Unsuitable for Surface Coal Mining Operations 
16 TAC sec.sec.12.73, 12.75-12.77
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following are the statute, article, or code affected by the proposed new 
sections: sec.sec.12.73, 12.75 - 12.77, Texas Natural Resources Code, Chapter 
134.

sec.12.73. Responsibility.
The Commission shall use the criteria in this subchapter (relating to Lands 
Unsuitable for Mining) for the evaluation of each petition for the designation 
of areas as unsuitable for surface coal mining operations.

sec.12.75. Criteria for Designating Lands as Unsuitable. 
(a) Upon petition, an area shall be designated as unsuitable for all or certain 
types of surface coal mining operations, if the Commission determines that 
reclamation is not technologically and economically feasible under the Act, this 
chapter (relating to Coal Mining Regulations), or the approved state program. 
(b) Upon petition, an area may be (but is not required to be) designated as 
unsuitable for certain types of surface coal mining operations, if the 
operations will: 
(1) be incompatible with existing state or local land-use plans or programs; 
(2) affect fragile or historic lands in which the operations could result in 
significant damage to important historic, cultural, scientific, or esthetic 
values or natural systems; 
(3) affect renewable resource lands in which the operations could result in a 
substantial loss or reduction of long-range productivity of water supply or of 
food or fiber products; or 
(4) affect natural hazard lands in which the operations could substantially 
endanger life and property, such lands to include areas subject to frequent 
flooding and areas of unstable geology. 

sec.12.76. Land Exempt from Designation as Unsuitable for Surface Coal Mining 
Operations.
The requirements of this subchapter (relating to Lands Unsuitable for Mining) do 
not apply to: 
(1) lands on which surface coal mining operations were being conducted on the 
date of enactment of the Act; 
(2) lands covered by a permit issued under the Act; or
(3) lands where substantial legal and financial commitments in surface coal 
mining operations were in existence prior to January 4, 1977.
 
sec.12.77. Exploration on Land Designated as Unsuitable for Surface Coal Mining 
Operations.
Designation of any area as unsuitable for all or certain types of surface coal 
mining operations pursuant to sec.sec.134.016 through 134.022 of the Act and 
regulations of this subchapter (relating to Lands Unsuitable for Mining) does 
not prohibit coal exploration operations in the area, if conducted in accordance 
with the Act, this chapter (relating to Coal Mining Regulations), the approved 
state program and other applicable requirements. Exploration operations on any 
lands designated unsuitable for surface coal mining operations must be approved 
by the Commission under sec.sec.12.109 through 12.115 of this title (relating to 
General Requirements for Coal Exploration) to ensure that exploration does not 
interfere with any value for which the area has been designated unsuitable for 
surface coal mining. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618455
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Process for Designating Areas As Unsuitable for Surface Coal Mining Operations 
16 TAC sec.sec.12.78-12.85
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following are the statute, article, or code affected by the proposed new 
sections: sec.sec.12.78 - 12.85, Texas Natural Resources Code, Chapter 134. 

sec.12.78. Procedures: General Process Requirements. 
The Commission has established a process enabling objective decisions to be made 
on which, if any, land areas of the state are unsuitable for all or certain 
types of surface coal mining operations. These decisions shall be based on 
competent, scientifically sound data and other relevant information.

sec.12.79. Procedures: Petitions.
(a) Right to Petition. Any person having an interest which is or may be 
adversely affected has the right to petition the Commission to have an area 
designated as unsuitable for surface coal mining operations, or to have an 
existing designation terminated. For the purpose of this action, a person having 
an interest which is or may be adversely affected must demonstrate how he or she 
meets an "injury in fact" test by describing the injury to his or her specific 
affected interests and demonstrate how he or she is among the injured. 
(b) Designation. The Commission shall determine what information must be 
provided by the petitioner to have an area designated as unsuitable for surface 
coal mining operations. 
(1) At a minimum, a complete petition for designation shall include: 
(A) the petitioner's name, address, telephone number, and notarized signature; 
(B) identification of the petitioned area, including its location and size, and 
a U.S. Geological Survey topographic map outlining the perimeter of the 
petitioned area; 
(C) the names and mailing addresses of persons with an ownership interest of 
record in the petitioned area; 
(D) an identification of the petitioner's interest which is or may be adversely 
affected by surface coal mining operations, including a statement demonstrating 
how the petitioner satisfies the requirements of subsection (a) of this section; 
(E) a description of how mining of the area has affected or may adversely affect 
people, land, air, water, or other resources, including the petitioner's 
interests; and 
(F) allegations of facts and supporting evidence, covering all lands in the 
petition area, which would tend to establish that the area is unsuitable for all 
or certain types of surface coal mining operations, pursuant to specific 
criteria of sec.sec.134.016 through 134.022 of the Act, assuming that 
contemporary mining practices required under the state regulatory program would 
be followed if the area were to be mined. Each of the allegations of fact should 
be specific as to the mining operation, if known, and the portion(s) of the 
petitioned area and petitioner's interests to which the allegation applies and 
be supported by evidence that tends to establish the validity of the allegations 
for the mining operation or portion of the petitioned area. 
(2) The Commission may request that the petitioner provide other supplementary 
information which is readily available. 
(c) Termination. The Commission shall determine what information must be 
provided by the petitioner to terminate designations of lands as unsuitable for 
surface coal mining operations. 
(1) At a minimum, a complete petition for termination shall include: 
(A) the petitioner's name, address, telephone number, and notarized signature; 
(B) identification of the petitioned area, including its location and size as 
shown on a U.S. Geological Survey topographic map outlining the perimeter of the 
designated area and the area to which the termination petition applies; 
(C) the names and mailing addresses of persons with an ownership interest of 
record in the designated areas to which the termination petition applies; 
(D) an identification of the petitioner's interest which is or may be adversely 
affected by the designation that the area is unsuitable for surface coal mining 
operations, including a statement demonstrating how the petitioner satisfies the 
requirements of subsection (a) of this section; and 
(E) allegations of facts covering all lands for which the termination is 
proposed. Each of the allegations of fact shall be specific as to the mining 
operation, if any, and to portions of the petitioned area and petitioner's 
interest to which the allegation applies. The allegations shall be supported by 
evidence, not contained in the record of the designation proceeding, that tends 
to establish the validity of the allegations for the mining operation or portion 
of the petitioned area, assuming that contemporary mining practices required 
under the state regulatory program would be followed were the area to be mined. 
For areas previously and unsuccessfully proposed for termination, significant 
new allegations of facts and supporting evidence must be presented in the 
petition. Allegations and supporting evidence should also be specific to 
establish that the designation should be terminated on the following bases: 
(i) nature or abundance of the protected resource or condition or other basis of 
the designation if the designation was based on criteria found in sec.12.75(b) 
of this title (relating to Criteria for Designating Lands as Unsuitable); 
(ii) reclamation now being technologically and economically feasible, if the 
designation was based on the criteria in sec.12.75(a) of this title (relating to 
Criteria for Designating Lands as Unsuitable); or 
(iii) resources or conditions not being affected by surface coal mining 
operations, or in the case of land use plans, not being incompatible with 
surface coal mining operations during and after mining, if the designation was 
based on the criteria found in sec.12.75(b) of this title (relating to Criteria 
for Designating Lands as Unsuitable). 
(2) The Commission may request that the petitioner provide other supplementary 
information which is readily available. 

sec.12.80. Procedures: Initial Processing, Record Keeping, and Notification 
Requirements.
(a) Initial processing procedures. 
(1) Within 60 days of receipt of a petition, the Commission shall notify the 
petitioner by certified mail whether or not the petition is complete under 
sec.sec.12.79(b) or (c) of this title (relating to Procedures: Petitions). 
Complete, for a designation or termination petition, means that the information 
required under sec.sec.12.79(b) or 
(c) of this title (relating to Procedures: Petitions) has been provided. 
(2) The Commission shall determine whether any identified coal resources exist 
in the area covered by the petition, without requiring any showing from the 
petitioner. If the Commission finds there are not any identified coal resources 
in that area, it shall return the petition to the petitioner with a statement of 
the findings. 
(3) The Commission may reject petitions for designations or terminations of 
designations which are frivolous. Once the petition requirements for 
completeness are met, no party shall bear any burden of proof, but each accepted 
petition shall be considered and acted upon by the Commission pursuant to the 
procedures of this subchapter (relating to Lands Unsuitable for Mining).
(4) If the Commission determines that the petition is incomplete, frivolous, or 
that the petitioner does not meet the requirement of sec.12.79(a) of this title 
(relating to Procedures: Petitions), it shall return the petition to the 
petitioner with a written statement of the reasons for the determination and the 
categories of information needed to make the petition complete. A frivolous 
petition is one in which the allegations of harm lack serious merit. 
(5) When considering a petition for an area which was previously and 
unsuccessfully proposed for designation, the Commission shall determine if the 
new petition presents significant new allegations of facts with evidence which 
tends to establish the allegations. If the petition does not contain such 
materials, the Commission may choose not to consider the petition and may return 
the petition to the petitioner, with a statement of its findings and a reference 
to the record of the previous designation proceedings where the facts were 
considered. 
(6) The Commission shall notify the person who submits a petition of any 
application for a permit received which includes any area covered by the 
petition. 
(7) The Commission may determine not to process any petition received in so far 
as it pertains to lands for which an administratively complete permit 
application has been filed and the first newspaper notice has been published. 
Based on such a determination, the Commission may issue a decision on a complete 
and accurate permit application and shall inform the petitioner why the 
Commission cannot consider the part of the petition pertaining to the proposed 
permit area. 
(b) Public notice and hearing procedures. 
(1) Promptly after a petition is received, the Commission shall notify the 
general public of the receipt of the petition by a newspaper advertisement 
placed in the locale of the area covered by the petition. The notice shall be 
published in the county newspaper of the largest circulation in the county, for 
each county of the petitioned area and in the Texas Register. The Commission 
shall make copies of the petition available to the public and shall provide 
copies of the petition to other interested governmental agencies, intervenors, 
persons with an ownership interest of record in the property, and other persons 
known to the Commission to have an interest in the property. Proper notice to 
persons with an ownership interest of record in the property shall comply with 
the requirements of applicable state law. 
(2) The Commission may provide for a hearing or a period of written comments on 
completeness of petitions. If a hearing or comment period on completeness is 
provided, the Commission shall inform interested governmental agencies, 
intervenors, persons with an ownership interest of record in the property, and 
other persons known to the Commission to have an interest in the property of the 
opportunity to request to participate in such a hearing or provide written 
comments. Proper notice to persons with an ownership interest of record in the 
property shall be accomplished by placing a postage paid notice, addressed as 
shown in the public record, in the U.S. Mail. Notice of such a hearing shall be 
made by a newspaper advertisement placed in the locale of the area covered by 
the petition. The notice shall be published in the county newspaper of the 
largest circulation in the county, for each county of the petitioned area and in 
the Texas Register. The Commission shall notify the petitioner of such a hearing 
by certified mail. On the basis of the Commission's review, as well as 
consideration of all comments, the Commission shall determine whether the 
petition is complete. 
(3) Promptly after the determination that a petition is complete, the Commission 
shall request submissions from the general public of relevant information by a 
newspaper advertisement placed once a week for two consecutive weeks in the 
locale of the area covered by the petition, in the county newspaper of the 
largest circulation in the county, for each county of the petitioned area, and 
in the Texas Register. 
(c) Right of intervention. Until three days before the Commission holds a 
hearing under sec.12.81 of this title (relating to Procedures: Hearing 
Requirements), any person may intervene in the proceeding by filing allegations 
of facts describing how the designation determination directly affects the 
intervenor, supporting evidence, a short statement identifying the petition to 
which the allegations pertain, and the intervenor's name, address and telephone 
number. 
(d) Record-keeping procedures. Beginning from the date a petition is filed, the 
Commission shall compile and maintain a record consisting of all documents 
relating to the petition filed with or prepared by the Commission. The 
Commission shall make the record available to the public for inspection free of 
charge and for copying at reasonable cost during all normal hours at the main 
office of the Commission. The Commission shall also maintain information at or 
near the area in which the petitioned land is located and make this information 
available to the public for inspection free of charge and for copying at 
reasonable cost during all normal business hours. At a minimum, this information 
shall include a copy of the petition. 

sec.12.81. Procedures: Hearing Requirements.
(a) Within 10 months after receipt of a complete petition, the Commission shall 
hold a public hearing in the locality of the area covered by the petition. If 
all petitioners and intervenors agree, the hearing need not be held. The 
Commission may subpoena witnesses as necessary. The hearing may be conducted 
with cross-examination of expert witnesses only. A record of the hearing shall 
be made and preserved according to state law. No person shall bear the burden of 
proof or persuasion. All relevant parts of the data base and inventory system 
and all public comments received during the public comment period shall be 
included in the record and considered by the Commission in its decision on the 
petition. 
(b) The following notice requirements shall apply: 
(1) the Commission shall give notice of the date, time, and location of the 
hearing to: 
(A) local, state and federal agencies which may have an interest in the decision 
on the petition; 
(B) the petitioner and intervenors; and 
(C) any person known by the Commission to have a property interest in the 
petitioned area. Proper notice to persons with an ownership interest of record 
shall be accomplished by placing a postage paid notice, addressed as shown in 
the public record, in the U.S. mail; and 
(2) notice of the hearing shall be sent by certified mail to petitioners and 
intervenors, and by regular mail to government agencies and property owners 
involved in the proceeding, and postmarked not less than 30 days before the 
scheduled date of the hearing. 
(c) The Commission shall notify the general public of the date, time, and 
location of the hearing by placing a newspaper advertisement once a week for 2 
consecutive weeks in the locale of the area covered by the petition and once 
during the week prior to the scheduled date of the public hearing. The 
consecutive weekly advertisement must begin between 4 and 5 weeks before the 
scheduled date of the public hearing. 
(d) The Commission may consolidate in a single hearing the hearings required for 
each of several petitions which relate to areas in the same locale. 
(e) Prior to designating any land areas as unsuitable for surface mining 
operations, the Commission shall prepare a detailed statement using existing and 
available information on the potential coal resources of the area, the demand 
for coal resources, and the impact of such designation on the environment, the 
economy, and the supply of coal. 
(f) In the event that all petitioners and intervenors stipulate agreement prior 
to the hearing, the petition may be withdrawn from consideration.

sec.12.82. Procedures: Decision.
(a) In reaching its decision, the Commission shall use: 
(1) the information contained in the data base and inventory system; 
(2) information provided by other governmental agencies;
(3) the detailed statement when it is prepared under sec.12.81(e) of this title 
(relating to Procedures: Hearing Requirements); and 
(4) any other relevant information submitted during the comment period. 
(b) A final written decision shall be issued by the Commission, including a 
statement of reasons, within 60 days of completion of the public hearing, or, if 
no public hearing is held, then a final written decision shall be issued within 
12 months after receipt of the complete petition. The Commission shall 
simultaneously send the decision by certified mail to the petitioner and 
intervenors and by regular mail to all other persons with an ownership interest 
of record and persons known to the Commission to have an interest in the 
property as evidenced by the hearing registration forms. 
(c) The decision of the Commission with respect to a petition, or the failure of 
the Commission to act within the time limits set forth in this section, shall be 
subject to judicial review by a court of competent jurisdiction. All relevant 
portions of the data base, inventory system, and public comments received during 
the public comment period set by the Commission shall be considered and included 
in the record of the administrative proceeding.

sec.12.83. Data Base and Inventory System Requirements. 
(a) The Commission has developed a data base and inventory system which will 
permit evaluation of whether reclamation is feasible in areas covered by 
petitions. 
(b) The Commission shall include in the system information relevant to the 
criteria in sec.12.75 of this title (relating to Criteria for Designating Lands 
as Unsuitable), including, but not limited to, information received from the 
United States Fish and Wildlife Service, the State Historic Preservation 
Officer, and the agency administering sec.127 of the Clean Air Act, as amended 
(42 U.S.C. 7470 et seq.). 
(c) The Commission shall add to the data base and inventory system information: 
(1) on potential coal resources of the state, demand for those resources, the 
environment, the economy and the supply of coal, sufficient to enable the 
Commission to prepare the statements required by sec.12.81(c) of this title 
(relating to Procedures: Hearing Requirements); and 
(2) that becomes available from petitions, publications, experiments, permit 
applications, mining and reclamation operations, and other sources.

sec.12.84. Public Information.
The Commission shall: 
(1) make the information in the data base and inventory system developed under 
sec.12.83 of this title (relating to Data Base and Inventory System 
Requirements) available to the public for inspection free of charge and for 
copying at reasonable cost, except that specific information relating to 
location of properties proposed to be nominated to, or listed in, the National 
Register of Historic Places need not be disclosed if the Commission determines 
that the disclosure of such information could create a risk of destruction or 
harm to such properties; and 
(2) provide information to the public on the petition procedures necessary to 
have an area designated as unsuitable for all or certain types of surface coal 
mining operations or to have designations terminated and describe how the 
inventory and data base system can be used.

sec.12.85. Responsibility for Implementation.
(a) The Commission shall not issue permits which are inconsistent with 
designations made pursuant to this Program. 
(b) The Commission shall maintain a map or other unified and cumulative record 
of areas designated as unsuitable for all or certain types of surface coal 
mining operations. 
(c) Information regarding designations shall be subject to the Texas Open 
Records Act (Texas Government Code, Chapter 552), excepting proprietary 
information on the chemical and physical properties of the coal.
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618456
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER G.Surface Coal Mining and Reclamation Operations,
Permits, and Coal Exploration Procedures Systems
General Requirements for Permit and Exploration Procedure Systems Under 
Regulatory Programs
16 TAC sec.12.100, sec.12.102
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.100, 12.102, Texas Natural Resources Code, Chapter 134. 

sec.12.100. Responsibilities.
(a) Persons seeking to engage in surface coal mining and reclamation operations 
must submit an application for and obtain a permit for those operations in 
accordance with this subchapter (relating to Surface Coal Mining and Reclamation 
Operations Permits and Coal Exploration Procedures Systems). Persons seeking to 
conduct coal exploration must first file the notice of intention or obtain 
approval of the Commission as required under sec.sec.12.109 through 12.115 of 
this title (relating to General Requirements for coal Exploration). 
(b) The Commission shall review each application for exploration approval and 
for a permit, approve or disapprove each permit application or exploration 
application, and issue, condition, suspend, or revoke exploration approval, 
permits, renewals, or revised permits under an approved regulatory program. 
(c) The applicant for a permit, renewal, or revision of a permit shall have the 
burden of establishing that the application is in compliance with all of the 
requirements of the Commission. 

sec.12.102. Coordination with Requirements under Other Laws.
The Commission shall, to avoid duplication, provide for the coordination of 
review and issuance of permits for surface coal mining and reclamation 
operations with: 
(1) any other federal or state permit process applicable to those operations 
including, at a minimum, permits required under the: 
(A) Clean Water Act, as amended (33 U.S.C. 1251 et seq.); and 
(B) Clean Air Act, as amended (42 U.S.C. 7401 et seq.); 
(2) the requirements of any water-quality management plans which have been 
approved by the administrator of the United States Environmental Protection 
Agency under Sections 208 or 303(c) and 303(e) of the Clean Water Act, as 
amended, (33 U.S.C. 1288, 1313(c) and 1313(e)); and 
(3) the applicable requirements of the Endangered Species Act of 1973, as 
amended, (16 U.S.C. 1531 et seq.); the Fish and Wildlife Coordination Act, as 
amended, (16 U.S.C. 661 et seq.); the Migratory Bird Treaty Act of 1918, as 
amended, (16 U.S.C. 703 et seq.); the National Historic Preservation Act of 
1966, as amended (16 U.S.C. 470 et seq.); and the Bald Eagle Protection Act, as 
amended, (16 U.S.C. 668a). 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618457
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

General Requirements for Permits and Permit Applications
16 TAC sec.sec.12.103-12.108
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.103 - 12.108, Texas Natural Resources Code, Chapter 134. 

sec.12.103. General Requirements for Permits: Operators. 
Except as provided for in sec.12.104 of this title (relating to Continued 
Operation Under Interim Permits) on and after 8 months from the date of state 
program approval, no person shall engage in or carry out surface coal mining and 
reclamation operations on non-federal or non-Indian lands within the state, 
unless that person has first obtained a valid permit issued by the Commission. 

sec.12.104. Continued Operation under Interim Permits. 
A person conducting surface coal mining operations, under a permit issued or 
amended by the Commission in accordance with its requirements and those of 
Section 502 of the Federal Act, may conduct these operations beyond the period 
prescribed in sec.12.103 of this title (relating to General Requirements for 
Permits -- Operators), if: 
(1) timely and complete application for a permit has been made to the Commission 
in accordance with the provisions of the Act and this subchapter (relating to 
Surface Coal Mining and Reclamation Operations Permits and Coal Exploration 
Procedures Systems); 
(2) the Commission has not yet rendered an initial decision with respect to such 
application; and 
(3) the operations are conducted in compliance with all terms and conditions of 
the interim permit, the requirements of the Act and this chapter (relating to 
Coal Mining Regulations). 

sec.12.105. Compliance with Permits.
All persons shall conduct surface coal mining and reclamation operations under 
permits issued pursuant to this subchapter (relating to Surface Coal Mining and 
Reclamation Operations Permits and Coal Exploration Procedures Systems) and 
shall comply with the terms and conditions of the permit and the requirements of 
the Act and this chapter (relating to Coal Mining Regulations).

sec.12.106. Permit Application Filing Deadlines. 
(a) Initial implementation. 
(1) Not later than 2 months following approval of the state program by the 
Secretary, regardless of litigation contesting that approval, each person who 
conducts or expects to conduct surface coal mining and reclamation operations 
after the expiration of 8 months from that approval shall file an application 
for a permit for those operations. 
(2) Applications for those operations which are not filed within the time 
required by paragraph (1) of this subsection shall be deemed applications filed 
under subsection (b)(1) of this section. 
(b) Filing deadlines after initial implementation. 
(1) General. Each person who conducts or expects to conduct new surface coal 
mining and reclamation operations shall file a complete application for a permit 
for those operations at least 8 months prior to the projected commencement of 
operations where no special problems are anticipated. 
(2) Renewal of valid permits. An application for renewal of a permit shall be 
filed with the Commission at least 180 days before the expiration of the permit 
involved. 
(3) Revisions of permits. Any application for revision of a permit shall be 
filed with the Commission at least 180 days before the date on which the 
permittee expects to revise surface coal mining or reclamation operations. 
(4) Succession to rights granted under prior permits. Any application for a new 
permit required for a person succeeding by transfer, sale, or assignment of 
rights granted under a permit shall be filed with the Commission not later than 
30 days after that succession is approved by the Commission. 

sec.12.107. Permit Applications: General Requirements for Format and Contents.
(a) Applications for permits to conduct surface coal mining and reclamation 
operations shall be filed in the format required by the Commission. The 
application shall be complete and include, at a minimum: for surface mining 
activities, all the applicable information required under sec.sec.12.116 through 
12.123, 12.124 through 12.138, and 12.139 through 12.154 of this title (relating 
to Surface Mining Permit Applications -- Minimum Requirements for Legal, 
Financial, Compliance, and Related Information, to Surface Mining Permit 
Applications -- Minimum Requirements for Information on Environmental Resources, 
and to Surface Mining Permit Applications -- Minimum Requirements for 
Reclamation and Operation Plan); for underground mining activities, all the 
information required under sec.sec.12.155 through 12.163, 12.170 through 12.184, 
and 12.185 through 12.199 of this title (relating to Underground Mining Permit 
Applications -- Minimum Requirements for Legal, Financial, Compliance, and 
Related Information, to Underground Mining Permit Applications -- Minimum 
Requirements for Information on Environmental Resources, and to Underground 
Mining Permit Applications -- Minimum Requirements for Reclamation and Operation 
Plan); and, for special types of surface coal mining and reclamation operations, 
all the information required under sec.sec.12.200 through 12.205 of this title 
(relating to Requirements for Permits for Special Categories of Mining). 
(b) Information set forth in the application shall be current, presented clearly 
and concisely, and supported by appropriate references to technical and other 
written material available to the Commission. 
(c) All technical data submitted in the application shall be accompanied by: 
(1) names of persons or organizations which collected and analyzed such data; 
(2) dates of the collection and analyses; and 
(3) descriptions of methodology used to collect and analyze the data. 
(d) Technical analyses shall be planned by or under the direction of a 
professional qualified in the subject to be analyzed. 
(e) The application shall contain the name, address and position of officials of 
each private or academic research organization or governmental agency consulted 
by the applicant in preparation of the application for information on land uses, 
soils, geology, vegetation, fish and wildlife, water quantity and quality, air 
quality, and archeological, cultural, and historic features.
(f) Maps and plans shall meet the following general requirements:
(1) maps submitted with applications shall be presented in a consolidated 
format, to the extent possible, and shall include all the types of information 
that are set forth on topographic maps of the U.S. Geological Survey of the 
1:24,000 scale series. Maps of the permit area shall be at a scale of 1:6,000 or 
larger. Maps of the remainder of the mine plan area and the adjacent areas shall 
clearly show the lands and waters within those areas and be in a scale of 
1:24,000 or larger; and 
(2) all maps and plans submitted with the application shall distinguish among 
each of the phases during which surface coal mining operations were or will be 
conducted at any place within the mine plan area. At a minimum, distinctions 
shall be clearly shown among those portions of the mine plan area in which 
surface coal mining operations occurred: 
(A) prior to August 3, 1977; 
(B) after August 3, 1977, and prior to either: 
(i) May 3, 1978; or 
(ii) in the case of an applicant or operator which obtained a small operator's 
exemption under 30 CFR 710.12, January 1, 1979; 
(C) after May 3, 1978 (or January 1, 1979, for persons who received a small 
operator's exemption) and prior to state program approval; and 
(D) After the estimated date of issuance of a permit by the Commission. 
(g) Applications for permits shall be verified under oath, by a responsible 
official of the applicant, that the information contained in the application is 
true and correct to the best of the official's information and belief. 

sec.12.108. Permits Fees.
(a) Each application for a surface coal mining and reclamation permit or renewal 
or revision of a permit shall be accompanied by a fee. The initial application 
fee and the application fee for renewal of a permit may be paid in equal annual 
installments during the term of the permit. The fee schedule is as follows: 
(1) application for a permit $5,000. 
(2) application for revision of a permit $500. 
(3) application for renewal of a permit $3,000. 
(b) In addition to application fees required by this section, each permittee 
shall pay to the Commission an annual fee in the amount of $120 for each acre of 
land within the permit area on which the permittee actually conducted operations 
for the removal of coal and lignite during the calendar year. The total amount 
of this fee is due and payable not later than March 15th of the year following 
the year of removal operations. 
(c) Fees paid to the Commission under this section shall be deposited in the 
state treasury and credited to the general revenue fund. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618458
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

General Requirements for Coal Exploration
16 TAC sec.sec.12.109-12.115
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.109 - 12.115, Texas Natural Resources Code, Chapter 134.

sec.12.109.Scope.
This section and sec.sec.12.110 through 12.115 of this title (relating to 
General Requirements for Coal Exploration) establish the minimum requirements 
for the Secretary's approval of regulatory program coal exploration procedures, 
and apply to the Commission and to any person who conducts or seeks to conduct 
coal exploration outside of the permit area. 

sec.12.110. General Requirements: Exploration of less than 250 Tons.
(a) Any person who intends to conduct coal exploration during which less than 
250 tons of coal will be removed in the area to be explored shall, prior to 
conducting the exploration, file with the Commission a written notice of 
intention to explore. 
(b) The notice shall include: 
(1) the name, address, and telephone number of the person seeking to explore; 
(2) the name, address, and telephone number of the representative who will be 
present at and responsible for conducting the exploration activities;
(3) a precise description and map, at a scale of 1:24,000 or larger, of the 
exploration area; 
(4) a statement of the period of intended exploration;
(5) if the surface is owned by a person other than the person who intends to 
explore, a description of the basis upon which the person who will explore 
claims the right to enter such area for the purpose of conducting exploration 
and reclamation; and 
(6) a description of the practices proposed to be followed to protect the 
environment from adverse impacts as a result of the exploration activities. 
(c) Any person who conducts coal exploration activities pursuant to this section 
which substantially disturb the natural land surface shall comply with 
sec.sec.12.325 through 12.328 of this title (relating to Permanent Program 
Performance Standards -- Coal Exploration). 
(d) The Commission shall, except as otherwise provided in sec.12.115 of this 
title (relating to Public Availability of Information), place such notices on 
public file and make them available for public inspection and copying. 

sec.12.111. General Requirements: Exploration of More than 250 Tons.
Any person who intends to conduct coal exploration outside a permit area during 
which more than 250 tons of coal will be removed or which will take place on 
lands designated as unsuitable for surface mining under Subchapter F of this 
chapter (relating to Lands Unsuitable for Mining) shall, prior to conducting the 
exploration, submit an application and obtain the written approval of the 
Commission, in accordance with the following: 
(1) Contents of application for approval. Each application for approval shall 
contain, at a minimum, the following information: 
(A) the name, address, and telephone number of the applicant;
(B) the name, address, and telephone number of the representative of the 
applicant who will be present at and be responsible for conducting the 
exploration; 
(C) an exploration and reclamation operations plan, including:
(i) a narrative description of the proposed exploration area, cross-referenced 
to the map required under subparagraph (E) of this paragraph, including surface 
topography; geological, surface water, and other physical features; vegetative 
cover, the distribution and important habitats of fish, wildlife, and plants, 
including, but not limited to, any endangered or threatened species listed 
pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); 
cultural or historic resources listed on or eligible for listing on the National 
Register of Historic Places; known archeological resources located within the 
proposed exploration area; and any other information which the Commission may 
require regarding known or unknown historic or archeological resources; 
(ii) a narrative description of the methods to be used to conduct coal 
exploration and reclamation, including, but not limited to, the types and uses 
of equipment, drilling, blasting, road or other access route construction, and 
excavated earth and other debris disposal activities; 
(iii) an estimated timetable for conducting and completing each phase of the 
exploration and reclamation; 
(iv) the estimated amounts of coal to be removed and a description of the 
methods to be used to determine those amounts; and 
(v) a description of the measures to be used to comply with the applicable 
requirements of sec.sec.12.325 through 12.328 of this title (relating to 
Permanent Program Performance Standards -- Coal Exploration);
(D) the name and address of the owner of record of the surface land and of the 
subsurface mineral estate of the area to be explored; 
(E) a map at a scale of 1:24,000 or larger, showing the areas of land to be 
substantially disturbed by the proposed exploration and reclamation. The map 
shall specifically show existing roads, occupied dwellings, and pipelines; 
proposed location of trenches, roads, and other access routes and structures to 
be constructed; the location of land excavations to be conducted, water or coal 
exploratory holes and wells to be drilled or altered, earth or debris disposal 
areas; existing bodies of surface water; historic, topographic, cultural and 
drainage features; the habitats of any endangered or threatened species listed 
pursuant to the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); 
(F) if the surface is owned by a person other than the applicant, a description 
of the basis upon which the applicant claims the right to enter that land for 
the purpose of conducting exploration and reclamation; and
(G) a statement of why extraction of more than 250 tons of coal is necessary for 
exploration. 
(2) Public notice and opportunity to comment. Public notice of the application 
and opportunity to comment shall be provided as follows: 
(A) at the same time a complete application is filed with the Commission, public 
notice of the filing of the application with the Commission shall be published 
in a newspaper of general circulation in the county or counties of the proposed 
exploration area; 
(B) the public notice shall state the name and business address of the person 
seeking approval, the date of filing of the application, the address of the 
Commission at which written comments on the application may be submitted, the 
closing date of the comment period, and a description of the general area of 
exploration; and 
(C) any person with an interest which is or may be adversely affected shall have 
the right to file written comments on the application within 30 days of the 
posting of the above notice. 

sec.12.112. Applications: Approval or Disapproval of Exploration of More than 
250 Tons.
(a) The Commission shall act upon a completed application for approval within 45 
days of the date of submission. 
(b) The Commission shall approve a complete application filed in accordance with 
sec.sec.12.109 through 12.111, this section, and sec.sec.12.113 through 12.115 
of this title (relating to General Requirements for Coal Exploration), if it 
finds, in writing, that the applicant has demonstrated that the exploration and 
reclamation described in the application: 
(1) will be conducted in accordance with the Act, sec.sec.12.109 through 12.111, 
this section, and sec.sec.12.113 through 12.115 of this title (relating to 
General Requirements for Coal Exploration) and sec.sec.12.325 through 12.328 of 
this title (relating to Permanent Program Performance Standards -- Coal 
Exploration); 
(2) will not jeopardize the continued existence of an endangered or threatened 
species listed pursuant to Section 4 of the Endangered Species Act of 1973 (16 
U.S.C. 1533) or result in the destruction or adverse modification of critical 
habitat of those species; and 
(3) will not adversely affect any cultural resources or districts, sites, 
buildings, structures, or objects listed or eligible for listing on the National 
Register of Historic Places, unless the proposed exploration has been approved 
by both the Commission and the agency with jurisdiction over such matters. 
(c) Each approval issued by the Commission shall contain conditions necessary to 
ensure that the exploration and reclamation will be conducted in compliance with 
the Act, sec.sec.12.109 through 12.111, this section, sec.sec.12.113 through 
12.115 of this title (relating to General Requirements for Coal Exploration), 
and sec.sec.12.325 through 12.328 of this title (relating to Permanent Program 
Performance Standards -- Coal Exploration).

sec.12.113. Applications: Notice and Hearing for Exploration of More than 250 
Tons.
(a) The Commission shall notify the applicant and the appropriate local 
government officials, in writing, of its decision to approve or disapprove the 
application. If the application is disapproved, the notice to the applicant 
shall include a statement of the reason, for disapproval. The Commission shall 
provide public notice of approval or disapproval of each application, by 
publication in a newspaper of general circulation in the general vicinity of the 
proposed operations. 
(b) Any persons with interests which are or may be adversely affected by a 
decision of the Commission pursuant to subsection (a) of this section, shall 
have the opportunity for administrative and judicial review as set forth in 
sec.sec.12.222 and 12.223 of this title (relating to Administrative and Judicial 
Review of Decisions by Commission on Permit Applications). 

sec.12.114. Coal Exploration Compliance Duties.
(a) All coal exploration and reclamation which substantially disturbs the 
natural land surface or which removes more than 250 tons of coal shall be 
conducted in accordance with the coal exploration requirements of the Act, 
sec.sec.12.109 through 12.113, this section, and sec.12.115 of this title 
(relating to General Requirements for Coal Exploration) and sec.sec.12.325 
through 12.328 of this title (relating to Permanent Program Performance 
Standards -- Coal Exploration), and any conditions on approval for exploration 
and reclamation imposed by the Commission. 
(b) Any person who conducts any coal exploration in violation of sec.134.014 of 
the Act, the provisions of sec.sec.12.109 through 12.113, this section, and 
sec.12.115 of this title (relating to General Requirements for Coal Exploration) 
or sec.sec.12.325 through 12.328 of this title (relating to Permanent Program 
Performance Standards -- Coal Exploration), shall be subject to the provisions 
of sec.sec.134.174 through 134.181 of the Act, and Subchapter L of this chapter 
(relating to Permanent Program Inspection and Enforcement Procedures). 

sec.12.115. Public Availability of Information.
(a) Except as provided in subsection (b) of this section, all information 
submitted to the Commission under this section and sec.sec.12.109 through 12.114 
of this title (relating to General Requirements for Coal Exploration) shall be 
made available for public inspection and copying at the local offices of the 
Commission closest to the exploration area. 
(b) Confidentiality shall be governed as follows: 
(1) the Commission shall not make information available for public inspection if 
the person submitting it requests in writing, at the time of submission, that it 
not be disclosed and the Commission determines that the information is 
confidential. 
(2) the Commission shall determine that information is confidential only if it 
concerns trade secrets or is privileged commercial or financial information 
which relates to the competitive rights of the person intending to conduct coal 
exploration. 
(3) information requested to be held as confidential under this section shall 
not be made publicly available until after notice and opportunity to be heard is 
afforded both persons seeking and opposing disclosure of the information. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618459
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Surface Mining Permit Applications-Minimum Requirements for Legal, Financial, 
Compliance, and Related Information
16 TAC sec.sec.12.116-12.123
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following are the statute, article, or code affected by the proposed new 
sections: sec.sec.12.116 - 12.123, Texas Natural Resources Code, Chapter 134. 

sec.12.116..
An application filed after the adoption of this rule shall contain the following 
information, except that the submission of a social security number is 
voluntary: 
(1) a statement as to whether the applicant is a corporation, partnership, 
single proprietorship, association, or other identified business entity; 
(2) the name, address, telephone number and, as applicable, social security 
number and employer identification number of the: 
(A) applicant; 
(B) applicant's resident agent; and 
(C) person who will pay the abandoned mine reclamation fee;
(3) for each person who owns or controls the applicant under the definition of 
"owned or controlled" and "owns or controls" in sec.12.3 of this title (relating 
to Definitions), as applicable: 
(A) the person's name, address, social security number and employer 
identification number; 
(B) the person's ownership or control relationship to the applicant, including 
percentage of ownership and location in organizational structure; 
(C) the title of the person's position, date position was assumed, and when 
submitted under sec.12.221 of this title (relating to Conditions of Permits: 
Environment, Public Health, and Safety), date of departure from the position; 
(D) each additional name and identifying number, including employer 
identification number, federal or state permit number, and MSHA number with date 
of issuance, under which the person owns or controls, or previously owned or 
controlled, a surface coal mining and reclamation operation in the United States 
within the five years preceding the date of the application; and 
(E) the application number or other identifier of, and the regulatory authority 
for, any other pending surface coal mining operation permit application filed by 
the person in any state in the United States;
(4) for any surface coal mining operation owned or controlled by either the 
applicant or by any person who owns or controls the applicant under the 
definition of "owned or controlled" and "owns or controls" in sec.12.3 of this 
title (relating to Definitions), the operation's: 
(A) name, address, identifying numbers, including employer identification 
number, federal or state permit number and MSHA number, the date of issuance of 
the MSHA number, and the regulatory authority; and 
(B) ownership or control relationship to the applicant, including percentage of 
ownership and location in organizational structure; 
(5) the name and address of each legal or equitable owner of record of the 
surface and mineral property to be mined, each holder of record of any leasehold 
interest in the property to be mined, and any purchaser of record under a real 
estate contract for the property to be mined; 
(6) the name and address of each owner of record (as reflected in the tax 
records of the county where the land is located) of all property, surface and 
subsurface, contiguous to any part of the proposed permit area;
(7) the Mine Safety and Health Administration (MSHA) numbers for all mine-
associated structures that require MSHA approval; 
(8) a statement of all lands, interest in lands, options, or pending bids on 
interests held or made by the applicant for lands contiguous to the area 
described in the permit application. If requested by the applicant, any 
information required by this subsection which is not on public file pursuant to 
state law shall be held in confidence by the Commission pursuant to sec.12.210 
of this title (relating to Public Availability of Information in Permit 
Applications on file with the Commission); 
(9) after an applicant is notified that his or her application is approved, but 
before the permit is issued, the applicant shall, as applicable, update, correct 
or indicate that no change has occurred in the information previously submitted 
under paragraphs (1) through (4) of this section; 
(10) the applicant shall submit the information required by this section in any 
prescribed format that is issued; 
(11) a statement of whether the applicant or any subsidiary, affiliate, or 
persons controlled by or under common control with the applicant has: 
(A) had a federal or state coal mining permit suspended or revoked in the 5 
years preceding the date of submission of the application; or 
(B) forfeited a performance bond or similar security deposited in lieu of bond; 
(12) a brief explanation of the facts involved if any such suspension, 
revocation, or forfeiture referred to in paragraph (11)(A) and (B) of this 
section has occurred, including: 
(A) identification number and date of issuance of the permit, and the date and 
amount of bond or similar security; 
(B) identification of the authority that suspended or revoked the permit or 
forfeited the bond and the stated reasons for the action; 
(C) the current status of the permit, bond, or similar security involved; 
(D) the date, location, and type of any administrative or judicial proceedings 
initiated concerning the suspension, revocation, or forfeiture; and 
(E) the current status of the proceedings; 
(13) for any violations of a provision of the Act, Federal Act, or of any law, 
rule or regulation of the United States, or of any state law, rule or regulation 
enacted pursuant to federal law, rule or regulation pertaining to air or water 
environmental protection incurred in connection with any surface coal mining 
operation, a list of all violation notices received by the applicant during the 
three-year period preceding the application date, and a list of all unabated 
cessation orders and unabated air- and water-quality violation notices received 
prior to the date of the application by any surface coal mining and reclamation 
operation owned or controlled by either the applicant or by any person who owns 
or controls the applicant. For each violation notice or cessation order 
reported, the lists shall include the following information, as applicable: 
(A) any identifying numbers for the operation, including the federal or state 
permit number and MSHA number, the dates of issuance of the violation notice and 
MSHA number, the name of the person to whom the violation notice was issued, and 
the name of the issuing regulatory authority, department or agency; 
(B) a brief description of the violation alleged in the notice;
(C) the date, location, and type of any administrative or judicial proceedings 
initiated concerning the violation, including, but not limited to, proceedings 
initiated by any person identified in paragraph (13) of this section to obtain 
administrative or judicial review of the violation;
(D) the current status of the proceedings and of the violation notice; and 
(E) the actions, if any, taken by any person identified in paragraph (13) of 
this section to abate the violation; and 
(14) after an applicant is notified that his or her application is approved, but 
before the permit is issued, the applicant shall, as applicable, update, correct 
or indicate that no change has occurred in the information previously submitted 
under this section.

sec.12.117. Right of Entry and Operation Information. 
(a) Each application shall contain a description of the documents upon which the 
applicant bases his or her legal right to enter and begin surface mining 
activities in the permit area and whether that right is the subject of pending 
litigation. The description shall identify those documents by type and date of 
execution, identify the specific lands to which the document pertains, and 
explain the legal rights claimed by the applicant. 
(b) Where the private mineral estate to be mined has been severed from the 
private surface estate, the application shall also provide, for lands within the 
permit area: 
(1) a copy of the written consent of the surface owner to the extraction of coal 
by surface mining methods; or 
(2) a copy of the document of conveyance that expressly grants or reserves the 
right to extract the coal by surface mining methods; or 
(3) if the conveyance does not expressly grant the right to extract the coal by 
surface mining methods, documentation that under the applicable state law, the 
applicant has the legal authority to extract the coal by those methods. 
(c) Nothing in this section shall be construed to afford the Commission the 
authority to adjudicate property title disputes. 

sec.12.118. Relationship to Areas Designated Unsuitable for Mining.
(a) Each application shall contain a statement of available information on 
whether the proposed permit area is within an area designated unsuitable for 
surface mining activities under sec.sec.12.78 through 12.85 of this title 
(relating to Process for Designating Areas as Unsuitable for Surface Coal Mining 
Operations) or under study for designation in an administrative proceeding. 
(b) If an applicant claims the exemption in paragraph (4)(B) of sec.12.216 of 
this title (relating to Criteria for Permit Approval or Denial), the application 
shall contain information supporting the applicant's assertion that it made 
substantial legal and financial commitments before January 4, 1977, concerning 
the proposed surface mining activities. 
(c) If an applicant proposes to conduct surface mining activities within 300 
feet of an occupied dwelling, the application shall contain the waiver of the 
owner of the dwelling as required in sec.12.72(f) of this title (relating to 
Procedures). 

sec.12.119. Permit Term Information.
(a) Each application shall contain the anticipated or actual starting and 
termination date of each phase of the surface mining activities and the 
anticipated number of acres of land to be affected for each phase of mining and 
over the total life of the permit. 
(b) If the applicant proposes to conduct the surface mining activities in excess 
of 5 years, the application shall contain the information needed for the showing 
required under sec.12.219(a) of this title (relating to Permit Terms). 

sec.12.120. Personal Injury and Property Damage Insurance Information.
Each permit application shall contain either a certificate of liability 
insurance or evidence that the self-insurance requirements in sec.12.311 of this 
title (relating to Terms and Conditions for Liability Insurance) are satisfied.

sec.12.121. Identification of Other Licenses and Permits.
Each application shall contain a list of all other licenses and permits needed 
by the applicant to conduct the proposed surface mining activities. This list 
shall identify each license and permit by: 
(1) type of permit or license; 
(2) name and address of issuing authority; 
(3) identification numbers of applications for those permits or licenses or, if 
issued, the identification numbers of the permits or licenses; and 
(4) if a decision has been made, the date of approval or disapproval by each 
issuing authority.

sec.12.122. Identification of Location of Public Office for Filing of 
Application.
Each application shall identify, by name and address, the public office where 
the applicant will simultaneously file a copy of the complete application for 
public inspection. 

sec.12.123. Newspaper Advertisement and Proof of Publication.
A copy of the newspaper advertisement of the application and proof of 
publication of the advertisement shall be filed with the Commission and made a 
part of the complete application, not later than 4 weeks after the last date of 
publication required under sec.12.207(a) of this title (relating to Public 
Notices of Filing of Permit Applications). 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618460
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Surface Mining Permit Applications-Minimum Requirements for Information on 
Environmental Resources
16 TAC sec.sec.12.124-12.138
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.124 - 12.138, Texas Natural Resources Code, Chapter 134.

sec.12.124. General Requirements.
Each permit application shall include a description of the existing, premining 
environmental resources within the proposed mine plan area and adjacent areas 
that may be affected or impacted by the proposed surface mining activities. 

sec.12.125. General Environmental Resources Information. 
Each application shall describe and identify: 
(1) the size, sequence, and timing of the subareas of the mine plan area for 
which it is anticipated that individual permits for mining will be requested 
over the estimated total life of the proposed surface mining activities; and 
(2) the nature of cultural, historic and archeological resources listed on or 
eligible for listing on the National Register of Historic Places and known 
archeological sites within the proposed permit and adjacent areas. 
(A) The description shall be based on all available information, including, but 
not limited to, information from the State Historic Preservation Officer and 
from local archeological, historical, and cultural preservation agencies. 
(B) The Commission may require the applicant to identify and evaluate important 
historic and archeological resources that may be eligible for listing on the 
National Register of Historic Places, through: 
(i) collection of additional information; 
(ii) conduct of field investigation; or 
(iii) other appropriate analyses.

sec.12.126. Description of Hydrology and Geology: General Requirements.
(a) Each application shall contain a description of the geology, hydrology, and 
water quality and quantity of all lands within the proposed mine plan area, the 
adjacent areas, and the general area. The description shall include information 
on the characteristics of all surface and ground waters within the general area, 
and any water which will flow into or receive discharges of water from the 
general area. The description shall include geologic information in sufficient 
detail to assist in determining: 
(1) the probable hydrologic consequences of the operation upon the quality and 
quantity of surface and ground water in the permit and adjacent areas, including 
the extent to which surface- and ground-water monitoring is necessary; 
(2) all potentially acid- or toxic-forming strata down to and including the 
stratum immediately below the lowest coal seam to be mined; and 
(3) whether reclamation as required by this chapter (relating to Coal Mining 
Regulations) can be accomplished and whether the proposed operation has been 
designed to prevent material damage to the hydrologic balance outside the permit 
area. 
(b) The description shall be prepared according to this section and 
sec.sec.12.127 through 12.130 of this title (relating to Geology Description, to 
Ground-Water Information, to Surface-Water Information, and to Alternative Water 
Supply Information), and conform to the following: 
(1) information on hydrology, water quality and quantity, and geology related to 
hydrology of areas outside the proposed mine plan area and within the general 
area shall be provided by the Commission, to the extent that this data is 
available from an appropriate federal or state agency;
(2) if this information is not available from those agencies, the applicant may 
gather and submit this information to the Commission as part of the permit 
application; and 
(3) the permit shall not be approved by the Commission until this information is 
made available in the application. 
(c) The use of modeling techniques may be included as part of the permit 
application, but the same surface- and ground-water information may be required 
for each site as when models are not used. 

sec.12.127. Geology Description.
(a) The description shall include, at a minimum: 
(1) 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; 
(2) the areal and structural geology of the permit and adjacent areas and other 
geologic parameters which influence the required reclamation; and 
(3) the occurrence, availability, movement, quantity, and quality of potentially 
impacted surface and ground waters. 
(b) Analyses of samples collected from test borings, drill cores, or fresh 
unweathered, uncontaminated samples from rock outcrops from the permit area, 
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 shall provide the following data 
in the description: 
(1) location of subsurface water, if encountered; 
(2) logs of drill holes showing the lithologic characteristics, including 
physical properties and thickness of each stratum and each coal seam; 
(3) 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 
(4) 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 that the analysis of pyritic sulfur content in unnecessary.
(c) If required by the Commission, test borings or core samplings shall be 
collected and analyzed to greater depths within the proposed permit area, or for 
areas outside the proposed permit area to provide for evaluation of the impact 
of the proposed activities on the hydrologic balance. 
(d) An applicant may request that the requirement for a statement of the results 
of the test borings or core samplings be waived by the Commission. The waiver 
may be granted only if the Commission makes a written determination that the 
statement is unnecessary because other equivalent information is accessible to 
it in a satisfactory form. 

sec.12.128. Ground-Water Information.
(a) The application shall contain a description of the ground-water hydrology 
for the proposed mine plan and adjacent area, including, at a minimum:
(1) the depth below the surface and the horizontal extent of the water table and 
aquifers; 
(2) the lithology and thickness of the aquifers; 
(3) known uses of the water in the aquifers and water table; and 
(4) the quality of subsurface water, if encountered. 
(b) The application shall contain additional information which describes the 
recharge, storage, and discharge characteristics of aquifers and the quality and 
quantity of ground water, according to the parameters and in the detail required 
by the Commission.

sec.12.129. Surface-Water Information.
(a) Surface-water information shall be described, including the name of the 
watershed which will receive water discharges, the location of all surface-water 
bodies such as streams, lakes, ponds, and springs, the location of any water 
discharge into any surface body of water, and 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. 
(b) Surface-water information shall include: 
(1) Minimum, maximum, and average discharge conditions which identify critical 
low flow and peak discharge rates of streams sufficient to identify seasonal 
variations; and 
(2) Water-quality data to identify the characteristics of surface waters in, 
discharging into, or which will receive flows from surface or ground water from 
affected areas within the proposed mine plan area, sufficient to identify 
seasonal variations, showing: 
(A) total dissolved solids in milligrams per liter; 
(B) total suspended solids in milligrams per liter; 
(C) acidity; 
(D) pH in standard units; 
(E) total and dissolved iron in milligrams per liter; 
(F) total manganese in milligrams per liter; and 
(G) such other information as the Commission determines is relevant.

sec.12.130. Alternative Water Supply Information. 
The application shall identify the extent to which the proposed surface mining 
activities may proximately result in contamination, diminution, or interruption 
of an underground or surface source of water within the proposed mine plan or 
adjacent areas for domestic, agricultural, industrial, or other legitimate use. 
If contamination, diminution, or interruption may result, then the description 
shall identify the alternative sources of water supply that could be developed 
to replace the existing sources. 

sec.12.131. Climatological Information.
(a) When requested by the Commission, the application shall contain a statement 
of the climatological factors that are representative of the proposed mine plan 
area, including: 
(1) the average seasonal precipitation; 
(2) the average direction and velocity of prevailing winds; and 
(3) seasonal temperature ranges. 
(b) The Commission may request such additional data as deemed necessary to 
ensure compliance with the requirements of this subchapter (relating to Surface 
Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures 
Systems). 

sec.12.132. Vegetative Information.
(a) The permit application shall, if required by the Commission, contain a map 
that delineates existing vegetative types and a description of the plant 
communities within the proposed permit area and within any proposed reference 
area. This description shall include information adequate to predict the 
potential for reestablishing vegetation. 
(b) When a map or aerial photograph is required, sufficient adjacent areas shall 
be included to allow evaluation of vegetation as important habitat for fish and 
wildlife for those species of fish and wildlife identified under sec.12.133 of 
this title (relating to Fish and Wildlife Resources Information). 

sec.12.133. Fish and Wildlife Resources Information. 
(a) Resource Information. Each application shall include fish-and-wildlife 
resource information for the permit area and adjacent area. 
(1) The scope and level of detail for such information shall be determined by 
the Commission in consultation with state and federal agencies with 
responsibilities for fish and wildlife and shall be sufficient to design the 
protection and enhancement plan required under sec.12.144 of this title 
(relating to Fish and Wildlife Plan). 
(2) Site-specific resource information necessary to address the respective 
species or habitats shall be required when the permit area or adjacent area is 
likely to include: 
(A) listed or proposed endangered or threatened species of plants or animals or 
their critical habitats listed by the Secretary under the Endangered Species Act 
of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats 
protected by similar state statutes; 
(B) habitats of unusually high value for fish and wildlife such as important 
streams, wetlands, riparian areas, cliffs supporting raptors, areas offering 
special shelter or protection, migration routes, or reproduction and wintering 
areas; or 
(C) other species or habitats identified through agency consultation as 
requiring special protection under state or federal law. 
(b) Fish and Wildlife Service review. Upon request, the Commission shall provide 
the resource information required under subsection (a) of this section and the 
protection and enhancement plan required under sec.12.144 of this title 
(relating to Fish and Wildlife Plan) to the U.S. Department of the Interior, 
Fish and Wildlife Service Regional or Field Office for their review. This 
information shall be provided within 10 days of receipt of the request from the 
Service. 

sec.12.134. Soil Resources Information.
(a) The applicant shall provide adequate soil survey information for the permit 
area consisting of the following: 
(1) a map delineating different soils; 
(2) soil identification; 
(3) soil description; and 
(4) present and potential productivity of existing soils.
(b) Where the applicant proposes to use selected overburden materials as a 
supplement or substitute for topsoil, the application shall include results of 
the analyses, trials, and tests required under sec.12.335 of this title 
(relating to Topsoil: Removal). 

sec.12.135. Land-Use Information.
(a) The application shall contain a statement of the condition, capability, and 
productivity of the land within the proposed permit area, including: 
(1) a map and supporting narrative of the uses of the land existing at the time 
of the filing of the application. If the premining use of the land was changed 
within 5 years before the anticipated date of beginning the proposed operations, 
the historic use of the land shall also be described;
(2) a narrative of land capability and productivity, which analyzes the land-use 
description under this section in conjunction with other environmental resources 
information required under sec.sec.12.124 through 12.138 of this title (relating 
to Surface Mining Permit Applications -- Minimum Requirements for Information on 
Environmental Resources). The narrative shall provide analyses of: 
(A) the capability of the land before any mining to support a variety of uses, 
giving consideration to soil and foundation characteristics, topography, 
vegetative cover and the hydrology of the proposed permit area; and 
(B) the productivity of the proposed permit area before mining, expressed as 
average yield of food, fiber, forage, or wood products from such lands obtained 
under high levels of management. The productivity shall be determined by yield 
data or estimates for similar sites based on current data from the U.S. 
Department of Agriculture, state agricultural universities or appropriate state 
natural resource or agricultural agencies. 
(b) The application shall identify whether the proposed mine plan area has been 
previously mined, and, if so, include the following information, if available: 
(1) the type of mining method used; 
(2) the coal seams or other mineral strata mined; 
(3) the extent of coal or other minerals removed; 
(4) the approximate dates of past mining; and 
(5) the uses of the land preceding mining. 
(c) The application shall contain a description of the existing land uses and 
land-use classifications under local law, if any, of the proposed mine plan and 
adjacent areas. 

sec.12.136. Maps: General Requirements.
The permit application shall include maps showing: 
(1) all boundaries of lands and names of present owners of record of those 
lands, both surface and subsurface, included in or contiguous to the permit 
area; 
(2) the boundaries of land within the proposed permit area upon which the 
applicant has the legal right to enter and begin surface mining activities; 
(3) the boundaries of all areas proposed to be affected over the estimated total 
life of the proposed surface mining activities, with a description of size, 
sequence, and timing of the mining of sub-areas for which it is anticipated that 
additional permits will be sought; 
(4) the location of all buildings on and within 1,000 feet of the proposed 
permit area, with identification of the current use of the buildings; 
(5) the location of surface and subsurface man-made features within, passing 
through, or passing over the proposed permit area, including, but not limited to 
major electric transmission lines, pipelines, and agricultural drainage tile 
fields; 
(6) the location and boundaries of any proposed reference areas for determining 
the success of revegetation; 
(7) the locations of water supply intakes for current users of surface water 
flowing into, out of, and within a hydrologic area defined by the Commission, 
and those surface waters which will receive discharges from affected areas in 
the proposed mine plan area; 
(8) each public road located in or within 100 feet of the proposed permit area; 
(9) the boundaries of any public park and locations of any cultural or 
historical resources listed or eligible for listing on the National Register of 
Historic Places, and known archeological sites within the mine plan or adjacent 
areas; 
(10) each public or private cemetery or Indian burial ground located in or 
within 100 feet of the proposed permit area; 
(11) any land within the proposed mine plan area and adjacent area which is 
within the boundaries of any units of the National System of Trails or the Wild 
and Scenic Rivers System, including study rivers designated under Section 5(a) 
of the Wild and Scenic Rivers Act; and 
(12) other relevant information required by the Commission.

sec.12.137. Cross Sections, Maps, And Plans.
(a) The application shall include cross sections, maps, and plans showing: 
(1) elevations and locations of test borings and core samplings;
(2) elevations and locations of monitoring stations used to gather data for 
water quality and quantity, fish and wildlife, and air quality, if required, in 
preparation of the application; 
(3) nature, depth, and thickness of the coal seams to be mined, any coal or 
rider seams above the seam to be mined, each stratum of the overburden, and the 
stratum immediately below the lowest coal seam to be mined; 
(4) all coal crop lines and the strike and dip of the coal to be mined within 
the proposed mine plan area; 
(5) location and extent of known workings of active, inactive, or abandoned 
underground mines, including mine openings to the surface within the proposed 
mine plan and adjacent areas; 
(6) location and extent of subsurface water, if encountered, within the proposed 
mine plan and adjacent areas; 
(7) location of surface water bodies such as streams, lakes, ponds, springs, 
constructed or natural drains, and irrigation ditches within the proposed mine 
plan and adjacent areas; 
(8) location and extent of existing or previously surface-mined areas within the 
proposed mine plan area; 
(9) location and dimensions of existing areas of spoil, waste, and noncoal waste 
disposal, dams, embankments, other impoundments, and water-treatment and air-
pollution control facilities within the proposed permit area; 
(10) location, and depth if available, of gas and oil wells within the proposed 
permit area and water wells in the mine plan area and adjacent area; and 
(11) sufficient slope measurements to adequately represent the existing land 
surface configuration of the proposed permit area, measured and recorded 
according to the following: 
(A) each measurement shall consist of an angle of inclination along the 
prevailing slope extending 100 linear feet above and below or beyond the coal 
outcrop or the area to be disturbed or, where this is impractical, at locations 
specified by the Commission; 
(B) where the area has been previously mined, the measurements shall extend at 
least 100 feet beyond the limits of mining disturbances, or any other distance 
determined by the Commission to be representative of the pre-mining 
configuration of the land; and 
(C) slope measurements shall take into account natural variations in slope, to 
provide accurate representation of the range of natural slopes and reflect 
geomorphic differences of the area to be disturbed. 
(b) Maps, plans, and cross sections included in a permit application which are 
required by this section shall be prepared by or under the direction of and 
certified by a qualified registered professional engineer or professional 
geologist, with assistance from experts in related fields such as land surveying 
and landscape architecture and shall be updated as required by the Commission. 

sec.12.138. Prime Farmland Investigation.
(a) The applicant shall conduct a pre-application investigation of the proposed 
permit area to determine whether lands within the area may be prime farmland. 
(b) Land shall not be considered as prime farmland where the applicant can 
demonstrate one or more of the following: 
(1) the land has not been historically used as cropland; 
(2) the land within the proposed permit area which has a slope, as measured 
pursuant to sec.12.137(a)(11) of this title (relating to Cross Sections, Maps, 
and Plans), of greater than 5 percent. Only that portion of the land having a 
slope of greater than 5 percent will not be considered as prime farmland; 
(3) the land is not irrigated or naturally subirrigated, has no developed water 
supply that is dependable and of adequate quality, and the average annual 
precipitation is 14 inches or less; 
(4) other factors exist, such as a very rocky surface or the land is frequently 
flooded, which clearly place all land within the area outside the purview of 
prime farmland; or 
(5) on the basis of a soil survey of lands within the permit area, there are no 
soil mapping units which have been designated prime farmland by the U.S. Natural 
Resources Conservation Service. 
(c) If the investigation establishes that the lands are not prime farmland, the 
applicant shall submit with the permit application, a request for a negative 
determination which shows that the land for which the negative determination is 
sought meets one of the criteria of subsection (b) of this section. 
(d) If the investigation indicates that lands within the proposed permit area 
may be prime farmland historically used for cropland, the applicant shall 
contact the U.S. Natural Resources Conservation Service to determine if a soil 
survey exists for those lands and whether soil mapping units in the permit area 
have been designated as prime farmland. If no soil survey has been made for the 
lands within the proposed permit area, the applicant shall cause such a survey 
to be made. Soil surveys of the detail used by the U.S. Natural Resources 
Conservation Service for operational conservation planning shall be used to 
identify and locate prime farmland soils. 
(1) When a soil survey of lands within the proposed permit area contains soil 
mapping units which have been designated as prime farmland, the applicant shall 
submit an application in accordance with sec.12.201(b) of this title (relating 
to Prime Farmland) for such designated land. 
(2) When a soil survey of lands within the proposed permit area contains soil 
mapping units which have not been designated as prime farmland after review by 
the U.S. Natural Resources Conservation Service, the applicant shall submit a 
request for negative determination for non-designated land within the permit 
application establishing compliance with subsection (b) of this section. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618461
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Surface Mining Permit Applications-Minimum Requirements for Reclamation and 
Operation Plan
16 TAC sec.sec.12.139-12.154
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.139 - 12.154, Texas Natural Resources Code, Chapter 134. 

sec.12.139. Operation Plan: General Requirements. 
Each application shall contain a description of the mining operations proposed 
to be conducted during the life of the mine within the proposed mine plan area, 
including, at a minimum, the following: 
(1) a narrative description of the type and method of coal mining procedures and 
proposed engineering techniques, anticipated annual and total production of 
coal, by tonnage, and the major equipment to be used for all aspects of those 
operations; and 
(2) a narrative explaining the construction, modification, use, maintenance, and 
removal of the following facilities (unless retention of such facilities is 
necessary for postmining land use as specified in sec.12.133 of this title 
(relating to Fish and Wildlife Resources Information): 
(A) dams, embankments, and other impoundments; 
(B) overburden and topsoil handling and storage areas and structures; 
(C) coal removal, handling, storage, cleaning, and transportation areas and 
structures; 
(D) spoil, coal processing waste, and noncoal waste removal, handling, storage, 
transportation, and disposal areas and structures; 
(E) mine facilities; and 
(F) water- and air-pollution control facilities. 

sec.12.140. Operation Plan: Existing Structures. 
(a) Each application shall contain a description of each existing structure 
proposed to be used in connection with or to facilitate the surface coal mining 
and reclamation operation. The description shall include: 
(1) location; 
(2) plans of the structure which describe its current condition; 
(3) approximate dates on which construction of the existing structure was begun 
and completed; and 
(4) a showing, including relevant monitoring data or other evidence, whether the 
structure meets the performance standards of Subchapter K of this chapter 
(relating to Permanent Program Performance Standards).
(b) Each application shall contain a compliance plan for each existing structure 
proposed to be modified or reconstructed for use in connection with or to 
facilitate the surface coal mining and reclamation operation. The compliance 
plan shall include: 
(1) design specifications for the modification or reconstruction of the 
structure to meet the design and performance standards of Subchapter K of this 
chapter (relating to Permanent Program Performance Standards);
(2) a construction schedule which shows dates for beginning and completing 
interim steps and final reconstruction; 
(3) provisions for monitoring the structure during and after modification or 
reconstruction to ensure that the performance standards of Subchapter K of this 
chapter (relating to Permanent Program Performance Standards) are met; and 
(4) a showing that the risk of harm to the environment or to public health or 
safety is not significant during the period of modification or reconstruction. 

sec.12.141. Operation Plan: Blasting.
Each application shall contain a blasting plan for the proposed permit area, 
explaining how the applicant will comply with the requirements of sec.sec.12.357 
through 12.360 and 12.362 of this title  (relating to Use of Explosives: General 
Requirements, to Use of Explosives: Pre-Blasting Survey, to Use of Explosives: 
Blasting Schedule, to Use of Explosives: Control of Adverse Effects, and to Use 
of Explosives: Records of Blasting Operations) and including the following: 
(1) types and approximate amounts of explosives to be used for each type of 
blasting operation to be conducted; 
(2) description of procedures and plans for recording and retention of 
information on the following during blasting: 
(A) drilling patterns, including size, number, depths, and spacing of holes; 
(B) charge and packing of holes; 
(C) types of fuses and detonation controls; and 
(D) sequence and timing of firing holes; 
(3) description of blasting warning and site access control equipment and 
procedures; 
(4) description of types, capabilities, sensitivities, and locations of use of 
any blast monitoring equipment and procedures proposed to be used; 
(5) description of plans for recording and reporting to the Commission the 
results of pre-blasting surveys, if required; 
(6) description of unavoidable hazardous conditions for which deviations from 
the blasting schedule will be needed under sec.12.360 of this title (relating to 
Use of Explosives: Control of Adverse Effects);
(7) description of limitations the applicant will meet with regard to ground 
vibrations and airblast, and the bases for those limitations; and 
(8) description of methods to be applied in controlling the adverse effects of 
blasting operations.

sec.12.142. Operation Plan: Maps and Plans.
Each application shall contain maps and plans of the proposed mine plan and 
adjacent areas as follows: 
(1) The maps and plans shall show the lands proposed to be affected throughout 
the operation and any change in a facility or feature to be caused by the 
proposed operations, if the facility or feature was shown under sec.sec.12.136 
and 12.137 of this title (relating to Maps: General Requirements, and to Cross 
Sections, Maps, and Plans). 
(2) The following shall be shown for the proposed permit area unless 
specifically required for the mine plan area or adjacent area by the 
requirements of this section: 
(A) buildings, utility corridors and facilities to be used;
(B) the area of land to be affected within the proposed mine plan area, 
according to the sequence of mining and reclamation; 
(C) each area of land for which a performance bond or other equivalent guarantee 
will be posted under Subchapter J of this chapter (relating to Bond and 
Insurance Requirements for Surface Coal Mining and Reclamation Operations); 
(D) each coal storage, cleaning and loading area; 
(E) each topsoil, spoil, coal waste, and noncoal waste storage area; 
(F) each water diversion, collection, conveyance, treatment, storage, and 
discharge facility to be used; 
(G) each air-pollution collection and control facility; 
(H) each source of waste and each waste-disposal facility relating to coal 
processing or pollution control; 
(I) each facility to be used to protect and enhance fish and wildlife and 
related environmental values; 
(J) each explosive storage-and-handling facility; and 
(K) location of each sedimentation pond, permanent water impoundment, coal 
processing waste bank, and coal processing waste dam and embankment, in 
accordance with sec.12.145 of this title (relating to Reclamation Plan: General 
Requirements), and fill area for the disposal of excess spoil in accordance with 
sec.12.153 of this title (relating to Disposal of Excess Spoil). 
(3) Maps, plans, and cross sections required under paragraph (2)(D), (E), (F), 
(J), and (K) of this section shall be prepared by, or under the direction of and 
certified by a qualified registered professional engineer, or professional 
geologist, with assistance from experts in related fields such as land surveying 
and landscape architecture, except that: 
(A) maps, plans and cross-sections for sedimentation ponds may only be prepared 
by a qualified registered professional engineer; and
(B) maps, plans, and cross-sections of spoil disposal facilities may only be 
prepared by a qualified registered professional engineer. 

sec.12.143. Air Pollution Control Plan.
(a) For all surface mining activities with projected production rates exceeding 
1million tons of coal per year and located west of the 100th meridian west 
longitude, the application shall contain an air pollution control plan which 
includes the following: 
(1) an air-quality monitoring program to provide sufficient data to evaluate the 
effectiveness of the fugitive-dust control practices proposed under paragraph 
(2) of this subsection to comply with federal and state air-quality standards; 
and 
(2) a plan for fugitive-dust control practices as required under sec.12.379 of 
this title (relating to Air Resources Protection).
(b) For all other surface mining activities the application shall contain an 
air-pollution control plan which includes the following:
(1) an air-quality monitoring program, if required by the Commission, to provide 
sufficient data to evaluate the effectiveness of the fugitive-dust control 
practices under subsection (b)(2) of this section to comply with applicable 
federal and state air-quality standards; and 
(2) a plan for fugitive-dust control practices, as required under sec.12.379 of 
this title (relating to Air Resources Protection).

sec.12.144. Fish and Wildlife Plan.
Protection and enhancement plan. Each application shall contain a description of 
how, to the extent possible using the best technology currently available, the 
operator will minimize disturbances and adverse impacts on fish and wildlife and 
related environmental values, including compliance with the Endangered Species 
Act, during the surface coal mining and reclamation operations, and how 
enhancement of these resources will be achieved, where practicable. This 
description shall: 
(1) be consistent with the requirements of sec.12.380 of this title (relating to 
Protection of Fish, Wildlife, and Related Environmental Values); 
(2) apply, at a minimum, to species and habitats identified under sec.12.133(a) 
of this title (relating to Fish and Wildlife Resources Information); and 
(3) include: 
(A) protective measures that will be used during the active mining phase of 
operation. Such measures may include the establishment of buffer zones, the 
selective location and special design of haul roads and power lines, and the 
monitoring of surface-water quality and quantity; and (B) enhancement measures 
that will be used during the reclamation and postmining phase of operation to 
develop aquatic and terrestrial habitat. Such measures may include restoration 
of streams and other wetlands, retention of ponds and impoundments, 
establishment of vegetation for wildlife food and cover, and the placement of 
perches and nest boxes. Where the plan does not include enhancement measures, a 
statement shall be given explaining why enhancement is not practicable.

sec.12.145. Reclamation Plan: General Requirements. 
(a) Each application shall contain a plan for reclamation of the lands within 
the proposed permit area, showing how the applicant will comply with 
sec.sec.134.091 through 134.109 of the Act and Subchapter K of this chapter 
(relating to Permanent Program Performance Standards). The plan shall include, 
at a minimum, all information required under this section and sec.sec.12.146 
through 12.154 of this title (relating to Reclamation Plan: Protection of 
Hydrologic Balance, to Reclamation Plan: Postmining Land Uses, to Reclamation 
Plan: Ponds, Impoundments, Banks, Dams, and Embankments, to Reclamation Plan: 
Surface Mining Near Underground Mining, to Diversions, to Protection of Public 
Parks and Historic Places, to Relocation or Use of Public Roads, to Disposal of 
Excess Spoil, and to Road Systems and Support Facilities). 
(b) Each plan shall contain the following information for the proposed permit 
area: 
(1) a detailed timetable for the completion of each major step in the 
reclamation plan; 
(2) a detailed estimate of the cost of reclamation of the proposed operations 
required to be covered by a performance bond under Subchapter J of this chapter 
(relating to Bond and Insurance Requirements for Surface Coal Mining and 
Reclamation Operations), with supporting calculations for the estimates; 
(3) a plan for backfilling, soil stabilization, compacting, and grading, with 
contour maps or cross sections that show the anticipated final surface 
configuration of the proposed permit area, in accordance with sec.sec.12.384 
through 12.389 of this title (relating to Backfilling and Grading: General 
Requirements, to Backfilling and Grading: General Grading Requirements, to 
Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials, to 
Backfilling and Grading: Thin Overburden, to Backfilling and Grading: thick 
Overburden, and to Regrading or Stabilizing Rills and Gullies);
(4) a plan for removal, storage, and redistribution of topsoil, subsoil, and 
other material to meet the requirements of sec.sec.12.334 through 12.338 of this 
title (relating to Topsoil: General Requirements, to Topsoil: Removal, to 
Topsoil: Storage, to Topsoil: Redistribution, and to Topsoil: Nutrients and Soil 
Amendments). A demonstration of the suitability of topsoil substitutes or 
supplements under this chapter (relating to Coal Mining Regulations) shall be 
based upon analysis of the thickness of soil horizons, total depth, texture, 
percent coarse fragments, pH, and areal extent of the different kinds of soil 
series. The Commission may require other chemical and physical analyses, field-
site trials, or greenhouse tests if determined to be necessary or desirable to 
demonstrate the suitability of topsoil substitutes or supplements; 
(5) a plan for revegetation as required in sec.sec.12.390 through 12.393, 
12.395, and 12.396 of this title (relating to Revegetation: General 
Requirements, to Revegetation: Use of Introduced Species, to Revegetation: 
Timing, to Revegetation: Mulching and Other Stabilizing Practices, Revegetation: 
Standards for Success, and to Revegetation: Tree and Shrub Stocking for Forest 
Land), including, but not limited to, descriptions of the: 
(A) schedule of revegetation; 
(B) species and amounts per acre of seeds and seedlings to be used; 
(C) methods to be used in planting and seeding; 
(D) mulching techniques; 
(E) irrigation, if appropriate, and pest- and disease-control measures, if any; 
(F) measures proposed to be used to determine the success of revegetation as 
required in sec.12.395 of this title (relating to Revegetation: Standards for 
Success); and 
(G) a soil testing plan for evaluation of the results of topsoil handling and 
reclamation procedures related to revegetation; 
(6) a description of the measures to be used to maximize the use and 
conservation of the coal resource as required in sec.12.356 of this title 
(relating to Coal Recovery); 
(7) a description of measures to be employed to ensure that all debris, acid-
forming and toxic-forming materials, and materials constituting a fire hazard 
are disposed of in accordance with sec.sec.12.375 and 12.386 of this title 
(relating to Disposal of Noncoal Wastes, and to Backfilling and Grading: 
Covering Coal and Acid- and Toxic-Forming Materials) and a description of the 
contingency plans which have been developed to preclude sustained combustion of 
such materials; 
(8) a description, including appropriate cross sections and maps, of the 
measures to be used to seal or manage mine openings, and to plug, case, or 
manage exploration holes, other bore holes, wells, and other openings within the 
proposed permit area, in accordance with sec.sec.12.331 through 12.333 of this 
title (relating to Casing and Sealing of Drilled Holes: General Requirements, to 
Casing and Sealing of Drilled Holes: Temporary, and to Casing and Sealing of 
Drilled Holes: Permanent); and 
(9) a description of steps to be taken to comply with the requirements of the 
Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et 
seq.), and other applicable air- and water-quality laws and regulations and 
health and safety standards.

sec.12.146. Reclamation Plan: Protection of Hydrologic Balance.
(a) General requirements. Each plan shall contain a detailed description, with 
appropriate maps and cross-section drawings, of the measures to be taken during 
and after the proposed surface mining activities, in accordance with 
sec.sec.12.330 through 12.403 of this title (relating to Permanent Program 
Performance Standards -- Surface Coal Mining Activities). The plan shall be 
specific to the local hydrologic conditions. It shall contain the steps to be 
taken during mining and reclamation through bond release to minimize 
disturbances to the hydrologic balance within the permit and adjacent areas; to 
prevent material damage outside the permit area; to meet applicable federal and 
state water-quality laws and regulations; and to protect the rights of present 
water users. The plan shall specifically address any potential adverse 
hydrologic consequences identified in the PHC determination prepared under 
sec.sec.12.139 through 12.154 of this title (relating to Surface Mining Permit 
Applications -- Minimum Requirements for Reclamation and Operation Plan) and 
shall include preventative and remedial measures. The plan shall identify the 
measures to be taken to: 
(1) protect the quality of surface- and ground-water systems, both within the 
proposed mine plan and adjacent areas, from the adverse effects of the proposed 
surface mining activities; 
(2) protect the rights of present users of surface and ground water; 
(3) protect the quantity of surface and ground water both within the proposed 
mine plan area and adjacent area from adverse effects of the proposed surface 
mining activities, or to provide alternative sources of water in accordance with 
sec.sec.12.130 and 12.352 of this title (relating to Alternative Water Supply 
Information, and to Hydrologic Balance: Water Rights and Replacement), where the 
protection of quantity cannot be ensured;
(4) avoid acid or toxic drainage; 
(5) prevent, to the extent possible using the best technology currently 
available, additional contributions of suspended solids to streamflow;
(6) provide water-treatment facilities when needed; 
(7) control drainage; 
(8) restore approximate premining recharge capacity; and
(9) provide a plan for the collection, recording, and reporting of ground- and 
surface-water quality and quantity data, according to sec.12.350 of this title 
(relating to Hydrologic Balance: Surface- and Ground-Water Monitoring). 
(b) Analyses requirements. All water-quality analyses performed to meet the 
requirements of this section shall be conducted according to the methodology in 
the 15th edition of Standard Methods for the Examination of Water and 
Wastewater, which is incorporated by reference for the methodology in 40 CFR 
Parts 136 and 434. 
(c) Probable hydrologic consequences information. The description shall include 
a determination of the probable hydrologic consequences of the proposed surface 
mining activities on the proposed mine plan area and adjacent area, with respect 
to the hydrologic regime, and the quantity and quality of water in surface- and 
ground-water systems under all seasonal conditions, including: 
(1) the name, location, ownership, and description of all surface-water bodies 
such as streams, lakes, and impoundments, the location of any discharge into any 
surface-water body in the proposed permit and adjacent areas, and information on 
surface-water quality and quantity sufficient to demonstrate seasonal variation 
and water usage. Water-quality descriptions shall include, at a minimum, 
baseline information on total suspended solids, total dissolved solids or 
specific conductance corrected to 25 degrees C, pH, total iron, and total 
manganese. Baseline acidity and alkalinity information shall be provided if 
there is a potential for acid drainage from the proposed mining operation. 
Water-quantity descriptions shall include, at a minimum, baseline information on 
seasonal flow rates; 
(2) information on water availability and alternative water sources, including 
the suitability of alternative water sources for existing premining uses and 
approved postmining land uses, if the PHC determination indicates that the 
proposed mining operation may proximately result in contamination, diminution, 
or interruption of an underground or surface source of water within the proposed 
permit or adjacent areas which is used for domestic, agricultural, industrial or 
other legitimate purpose; and 
(3) supplemental information as required by the Commission, if the PHC indicates 
that 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- or surface-water supplies. 
(d) Probable hydrologic consequences determination. 
(1) The description shall include a determination of the probable hydrologic 
consequences (PHC) of the proposed operation upon the quality and quantity of 
surface and ground water under seasonal flow conditions for the proposed permit 
and adjacent areas. 
(2) The PHC determination shall be based on baseline hydrologic, geologic, and 
other information collected for the permit application and may include data 
statistically representative of the site. 
(3) The PHC determination shall include findings on: 
(A) whether adverse impacts may occur to the hydrologic balance;
(B) whether acid-forming or toxic-forming materials are present that could 
result in the contamination of ground- or surface-water supplies;
(C) whether the proposed operation may proximately result in contamination, 
diminution, or interruption of an underground or surface source of water within 
the proposed permit or adjacent areas which is used for domestic, agricultural, 
industrial, or other legitimate purpose; and
(D) what impact the proposed operation will have on: 
(i) sediment yield from the disturbed area; 
(ii) acidity, total suspended and dissolved solids, and other important water-
quality parameters of local impact; 
(iii) flooding or streamflow alteration; 
(iv) ground- and surface-water availability; and 
(v) other characteristics as required by the Commission. 
(4) An application for a permit revision shall be reviewed by the Commission to 
determine whether a new or updated PHC determination shall be required. 
(e) Cumulative hydrologic impact assessment. 
(1) The Commission shall provide an assessment of the probable cumulative 
hydrologic impacts (CHIA) of the proposed operation and all anticipated mining 
upon surface- and ground-water systems in the cumulative impact area. The CHIA 
shall be sufficient to determine, for purposes of permit approval, whether the 
proposed operation has been designed to prevent material damage to the 
hydrologic balance outside the permit area. The Commission may allow the 
applicant to submit data and analyses relevant to the CHIA with the permit 
application. 
(2) An application for a permit revision shall be reviewed by the Commission to 
determine whether a new or updated CHIA shall be required.

sec.12.147. Reclamation Plan: Postmining Land Uses. 
(a) Each plan shall contain a detailed description of the proposed use, 
following reclamation, of the land within the proposed permit area, including a 
discussion of the utility and capacity of the reclaimed land to support a 
variety of alternative uses, and the relationship of the proposed use to 
existing land-use policies and plans. This description shall explain: 
(1) how the proposed postmining land use is to be achieved and the necessary 
support activities which may be needed to achieve the proposed land use; 
(2) where range or grazing is the proposed postmining use, the detailed 
management plans to be implemented; 
(3) where a land use different from the premining land use is proposed, all 
materials needed for approval of the alternative use under sec.12.399 of this 
title (relating to Postmining Land Use); and
(4) the consideration which has been given to making all of the proposed surface 
mining activities consistent with surface-owner plans and applicable state and 
local land-use plans and programs. 
(b) The description shall be accompanied by a copy of the comments concerning 
the proposed use by the legal or equitable owner of record of the surface of the 
proposed permit area and the state and local government agencies which would 
have to initiate, implement, approve, or authorize the proposed use of the land 
following reclamation.

sec.12.148. Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments.
(a) General. Each application shall include a general plan for each proposed 
sedimentation pond, water impoundment, and coal processing waste bank, dam, or 
embankment within the proposed mine plan area. 
(1) Each general plan shall: 
(A) be prepared by or under the direction of, and certified by a qualified 
registered professional engineer, or by a professional geologist, with 
assistance from experts in related fields such as land surveying and landscape 
architecture; 
(B) contain a description, map, and cross section of the structure and its 
location; 
(C) contain preliminary hydrologic and geologic information required to assess 
the hydrologic impact of the structure; 
(D) contain a survey describing the potential effect on the structure from 
subsidence of the subsurface strata resulting from past underground mining 
operations if underground mining has occurred; and 
(E) contain a certification statement which includes a schedule setting forth 
the dates that any detailed design plans for structures that are not submitted 
with the general plan will be submitted to the Commission. The Commission shall 
have approved, in writing, the detailed design plan for a structure before 
construction of the structure begins. 
(2) Each detailed design plan for a structure that meets or exceeds the size or 
other criteria of the Mine Safety and Health Administration, 30 CFR 77.216(a), 
shall: 
(A) be prepared by or under the direction of, and certified by a qualified 
registered professional engineer with assistance from experts in related fields 
such as geology, land surveying, and landscape architecture;
(B) include any geotechnical investigation, design, and construction 
requirements for the structure; 
(C) describe the operation and maintenance requirements for each structure; and 
(D) describe the timetable and plans to remove each structure, if appropriate. 
(3) Each detailed design plan for a structure that does not meet the size or 
other criteria of 30 CFR 77.216(a) shall:
(A) be prepared by or under the direction of, and certified by a qualified 
registered professional engineer or registered land surveyor, except that all 
coal processing waste dams and embankments covered by sec.sec.12.376 through 
12.378 of this title (relating to Coal Processing Waste: Dams and Embankments: 
General Requirements, to Coal Processing Waste: Dams and Embankments: Site 
Preparation, and to Coal Processing Waste: Dams and Embankments: Design and 
Construction) shall be certified by a qualified registered professional 
engineer; 
(B) include any design and construction requirements for the structure, 
including any required geotechnical information; 
(C) describe the operation and maintenance requirements for each structure; and 
(D) describe the timetable and plans to remove each structure, if appropriate. 
(b) Sedimentation ponds. Sedimentation ponds, whether temporary or permanent, 
shall be designed in compliance with the requirements of sec.12.344 of this 
title (relating to Hydrologic Balance: Sedimentation Ponds). Any sedimentation 
pond or earthen structure which will remain in the proposed mine plan area as a 
permanent water impoundment shall also be designed to comply with the 
requirements of sec.12.347 of this title (relating to Hydrologic Balance: 
Permanent and Temporary Impoundments). Each plan shall, at a minimum, comply 
with the requirements of the Mine Safety and Health Administration, 30 CFR 
77.216-1 and 77.216-2. 
(c) Permanent and temporary impoundments. Permanent and temporary impoundments 
shall be designed to comply with the requirements of sec.12.347 of this title 
(relating to Hydrologic Balance: Permanent and Temporary Impoundments). Each 
plan shall comply with the requirements of the Mine Safety and Health 
Administration, 30 CFR 77.216-1 and 77.216-2. 
(d) Coal processing waste banks. Coal processing waste banks shall be designed 
to comply with the requirements of sec.sec.12.368 through 12.371 of this title 
(relating to Coal Processing Waste Banks: General Requirements, to Coal 
Processing Waste Banks: Site Inspection, to Coal Processing Waste Banks: Water 
Control Measures, and to Coal Processing Waste Banks: Construction 
Requirements). 
(e) Coal processing waste dams and embankments. Coal processing waste dams and 
embankments shall be designed to comply with the requirements of sec.sec.12.376 
through 12.378 of this title (relating to Coal Processing Waste: Dams and 
Embankments: General Requirements, to Coal Processing Waste: Dams and 
Embankments: Site Preparation, and to Coal Processing Waste: Dams and 
Embankments: Design and Construction). Each plan shall comply with the 
requirements of the Mine Safety and Health Administration, 30 CFR 77.216-1 and 
77.216-2, and shall contain the results of a geotechnical investigation of the 
proposed dam or embankment foundation area, to determine the structural 
competence of the foundation which will support the proposed dam or embankment 
structure and the impounded material. The geotechnical investigation shall be 
planned and supervised by an engineer or engineering geologist, according to the 
following: 
(1) the number, location, and depth of borings and test pits shall be determined 
using current prudent engineering practice for the size of the dam or 
embankment, quantity of material to be impounded, and subsurface conditions; 
(2) the character of the overburden and bedrock, the proposed abutment sites, 
and any adverse geotechnical conditions which may affect the particular dam, 
embankment, or reservoir site shall be considered; 
(3) all springs, seepage, and ground water flow observed or anticipated during 
wet periods in the area of the proposed dam or embankment shall be identified on 
each plan; and 
(4) consideration shall be given to the possibility of mudflows, rock-debris 
falls, or other landslides into the dam, embankment, or impounded material. 
(f) Additional requirements. If the structure is 20 feet or higher or impounds 
more than 20 acre-feet, each plan under subsections (b), (c), and (e) of this 
section shall include a stability analysis of each structure. The stability 
analysis shall include, but not be limited to, strength parameters, pore 
pressures, and long-term seepage conditions. The plan shall also contain a 
description of each engineering design assumption and calculation with a 
discussion of each alternative considered in selecting the specific design 
parameters and construction methods. 

sec.12.149. Reclamation Plan: Surface Mining near Underground Mining.
For surface mining activities within the proposed permit area to be conducted 
within 500 feet of an underground mine, the application shall describe the 
measures to be used to comply with sec.12.367 of this title (relating to 
Protection of Underground Mining). 

sec.12.150. Diversions.
Each application shall contain descriptions, including maps and cross sections, 
of stream-channel diversions to be constructed within the proposed permit area 
to achieve compliance with sec.sec.12.341 and 12.342 of this title (relating to 
Hydrologic Balance: Diversions and Conveyance of Overland Flow and Shallow 
Ground-Water Flow, and Ephemeral Streams, and to Hydrologic Balance: Stream-
Channel Diversions). 

sec.12.151. Protection of Public Parks and Historic Places.
(a) For any publicly owned parks or any places listed on the National Register 
of Historic Places that may be adversely affected by the proposed operations, 
each plan shall describe the measures to be used: 
(1) to prevent adverse impacts; or 
(2) if valid existing rights or joint agency approval is to be obtained under 
sec.12.72(g) of this title (relating to Procedures), to minimize adverse 
impacts. 
(b) The Commission may require the applicant to protect historic or 
archeological properties listed on or eligible for listing on the National 
Register of Historic Places through appropriate mitigation and treatment 
measures. Appropriate mitigation and treatment measures may be required to be 
taken after permit issuance provided that the required measures are completed 
before the properties are affected by any mining operation. 

sec.12.152. Relocation or Use of Public Roads.
Each application shall describe, with appropriate maps and cross sections, the 
measures to be used to ensure that the interests of the public and landowners 
affected are protected if, under sec.12.72(e) of this title, the applicant seeks 
to have the Commission approve: 
(1) conducting the proposed surface mining activities within 100 feet of the 
right-of-way line of any public road, except where mine access or haul roads 
join that right-of-way; or 
(2) relocating a public road. 

sec.12.153. Disposal of Excess Spoil.
(a) Each application shall contain descriptions, including appropriate maps and 
cross-section drawings of the proposed disposal site and design of the spoil 
disposal structures according to sec.sec.12.363 through 12.366 of this title 
(relating to Disposal of Excess Spoil: General Requirements, to Disposal of 
Excess Spoil: Valley Fills, to Disposal of Excess Spoil: Head-of-Hollow Fills, 
and to Disposal of Excess Spoil: Durable Rock Fills). These plans shall describe 
the geotechnical investigation, design, construction, operation, maintenance, 
and removal, if appropriate, of the site and structures. 
(b) Each application shall contain the results of a geotechnical investigation 
of the proposed disposal site, including the following: 
(1) the character of bedrock and any adverse geologic conditions in the disposal 
area; 
(2) a survey identifying all springs, seepage, and ground-water flow observed or 
anticipated during wet periods in the area of the disposal site; 
(3) a survey of the potential effects of subsidence of the subsurface strata due 
to past and future mining operations; 
(4) a technical description of the rock materials to be utilized in the 
construction of those disposal structures containing rock chimney cores or 
underlain by a rock drainage blanket; and 
(5) a stability analysis including, but not limited to, strength parameters, 
pore pressures and long-term seepage conditions. These data shall be accompanied 
by a description of all engineering design assumptions and calculations and the 
alternatives considered in selecting the specific design specifications and 
methods. 
(c) If, under sec.12.363 of this title (relating to Disposal of Excess Spoil: 
General Requirements), rock-toe buttresses or keyway cuts are required, the 
application shall include the following: 
(1) the number, location, and depth of borings or test pits which shall be 
determined with respect to the size of the spoil disposal structure and 
subsurface conditions; and 
(2) engineering specifications utilized to design the rock-toe buttress or 
keyway cuts which shall be determined in accordance with subsection (b)(5) of 
this section. 

sec.12.154. Road Systems and Support Facilities. 
(a) Plans and drawings. Each applicant for a surface coal mining and reclamation 
permit shall submit plans and drawings for each road, as defined in sec.12.3 of 
this title (relating to Definitions), 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 sec.12.400(d)(1) of 
this title (relating to Roads: General); 
(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 sec.12.401(3)(B) of 
this title (relating to Primary Roads); 
(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 
sec.12.401(3)(B) of this title (relating to Primary Roads);
(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 sec.12.401(4)(F) of this title 
(relating to Primary Roads); and 
(6) describe the plans to remove and reclaim each road that would not be 
retained under an approved postmining land use, and the schedule for this 
removal and reclamation. 
(b) Primary road certification. The plans and drawings for each primary 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 (relating to Coal Mining 
Regulations), current, prudent engineering practices; and any design criteria 
established by the Commission. 
(c) Support Facilities. Each applicant for a surface coal mining and reclamation 
permit shall submit a description, plans, and drawings for each support facility 
to be constructed, used, or maintained within the proposed permit area. The 
plans and drawings shall include a map, appropriate cross sections, design 
drawings, and specifications sufficient to demonstrate compliance with 
sec.12.403 of this title (relating to Support Facilities) for each facility. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618462
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Surface Mining Permit Applications-Minimum Requirements for Legal, Financial, 
Compliance, and Related Information
16 TAC sec.sec.12.155-12.163
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.155 - 12.163, Texas Natural Resources Code, Chapter 134.

sec.12.155. Identification of Interests.
(a) Each application shall contain the names and addresses of: 
(1) the permit applicant, including his or her telephone number;
(2) every legal or equitable owner of record of the areas to be affected by 
surface operations and facilities, and every legal or equitable owner of record 
of the coal to be mined; 
(3) the holders of record of any leasehold interest in areas to be affected by 
surface operations or facilities, and the holders of record of any leasehold 
interest in the coal to be mined; 
(4) any purchaser of record under a real estate contract of areas to be affected 
by surface operations and facilities, and any purchaser of record under a real 
estate contract of the coal to be mined; 
(5) the operator, if the operator is a person different from the applicant, 
including his or her telephone number; and 
(6) the resident agent of the applicant who will accept service of process, 
including his or her telephone number. 
(b) Each application shall contain a statement of whether the applicant is a 
corporation, partnership, single proprietorship, association, or other business 
entity. For businesses other than single proprietorships, the application shall 
contain the following information, where applicable:
(1) names and addresses of every officer, partner, director, or other person 
performing a function similar to a director of the applicant;
(2) name and address of any person who is a principal shareholder of the 
applicant; and 
(3) names under which the applicant, partner, or principal shareholder 
previously operated a surface coal mining operation in the United States within 
the 5 years preceding the date of application. 
(c) If any owner, holder, purchaser, or operator, identified under subsection 
(a) of this section, is a business entity other than a single proprietor, the 
application shall contain the names and addresses of their respective 
principals, officers, and resident agents. 
(d) Each application shall contain a statement of any current or previous coal 
mining permits in the United States held by the applicant subsequent to 1970 and 
by any person identified in subsection (b)(3) of this section and of any pending 
permit application to conduct surface coal mining and reclamation operations in 
the United States. The information shall be listed by permit or application 
number and identify the regulatory authority for each of those coal mining 
operations. 
(e) Each application shall contain the names and addresses of the owners of 
record of all surface and subsurface areas contiguous to any part of the 
proposed permit area. 
(f) Each application shall contain the name of the proposed mine and the Mine 
Safety and Health Administration identification number for the mine and all 
sections, if any. 
(g) Each application shall contain a statement of all lands, interests in lands, 
options, or pending bids on interests held or made by the applicant for lands 
which are contiguous to the area to be covered by the permit.

sec.12.156. Compliance Information.
Each application shall contain: 
(1) a statement of whether the applicant, any subsidiary, affiliate, or persons 
controlled by or under common control with the applicant has:
(A) had a federal or state mining permit suspended or revoked in the last 5 
years; or 
(B) forfeited a mining bond or similar security deposited in lieu of bond; 
(2) if any such suspension, revocation, or forfeiture has occurred, a statement 
of the facts involved, including: 
(A) identification number and date of issuance of the permit or date and amount 
of bond or similar security; 
(B) identification of the authority that suspended or revoked a permit or 
forfeited a bond and the stated reasons for that action; 
(C) the current status of the permit, bond, or similar security involved; 
(D) the date, location, and type of any administrative or judicial proceedings 
initiated concerning the suspension, revocation or forfeiture; and 
(E) the current status of these proceedings; and 
(3) a listing of each violation notice received by the applicant in connection 
with any surface coal mining operation during the 3-year period before the 
application date, for violations of any law, rule, or regulation of the United 
States, or of any state law, rule, or regulation enacted pursuant to federal 
law, rule, or regulation, or of any provision of the Act pertaining to air or 
water environmental protection. The application shall also contain a statement 
regarding each violation notice, including:
(A) the date of issuance and identity of the issuing regulatory authority, 
department, or agency; 
(B) a brief description of the particular violation alleged in the notice; 
(C) the date, location, and type of any administrative or judicial proceedings 
initiated concerning the violation, including, but not limited to, proceedings 
initiated by the applicant to obtain administrative or judicial review of the 
violations; 
(D) the current status of the proceedings and of the violation notice; and 
(E) the actions, if any, taken by the applicant to abate the violation.

sec.12.157. Right of Entry And Operation Information. 
(a) Each application shall contain a description of the documents upon which the 
applicant bases his or her legal right to enter and begin underground mining 
activities in the permit area and whether that right is the subject of pending 
litigation. The description shall identify those documents by type and date of 
execution, identify the specific lands to which the document pertains, and 
explain the legal rights claimed by the applicant. 
(b) For underground mining activities where the associated surface operations 
involve the surface mining of coal and the private mineral estate to be mined 
has been severed from the private surface estate, the application shall also 
provide, for lands to be affected by those operations within the permit area: 
(1) a copy of the written consent of the surface owner to the extraction of coal 
by surface mining methods; or 
(2) a copy of the document of conveyance that expressly grants or reserves the 
right to extract the coal by surface mining methods; or 
(3) if the conveyance does not expressly grant the right to extract coal by 
surface mining methods, documentation that, under the applicable state law, the 
applicant has the legal authority to extract the coal by those methods. 
(c) Nothing in this section shall be construed to afford the Commission the 
authority to adjudicate property title disputes.

sec.12.158. Relationship to Areas Designated Unsuitable For Mining.
(a) Each application shall contain a statement of available information on 
whether the proposed permit area is within an area designated unsuitable for 
underground mining activities under sec.sec.12.78 through 12.85 of this title 
(relating to Process for Designating Areas as Unsuitable for Surface Coal Mining 
Operations or under study for designation in an administrative proceeding. 
(b) If an applicant claims the exemption in sec.12.216 of this title (relating 
to Criteria for Permit Approval or Denial), the application shall contain 
information supporting the applicant's assertion that it made substantial legal 
and financial commitments before January 4, 1977, concerning the proposed 
underground mining activities. 
(c) If an applicant proposes to conduct or locate surface operations or 
facilities within 300 feet of an occupied dwelling, the application shall 
include the waiver of the owner of the dwelling as required in sec.12.72 of this 
title (relating to Procedures). 

sec.12.159. Permit Term Information.
(a) Each application shall contain the anticipated or actual starting and 
termination date of each phase of the underground mining activities and the 
anticipated number of acres of surface lands to be affected, and the horizontal 
and vertical extent of proposed underground mine workings, for each phase of 
mining and over the total life of the permit. 
(b) If the applicant proposes to conduct the underground mining activities in 
excess of 5 years, the application shall contain the information needed for the 
showing required under sec.12.219 of this title (relating to Permit Terms).

sec.12.160. Personal Injury and Property Damage Insurance Information. Each 
application shall contain either a certificate of liability insurance or 
evidence that the self-insurance requirements in sec.12.311 of this title 
(relating to Terms and Conditions for Liability Insurance) are satisfied.

sec.12.161. Identification of Other Licenses and Permits.
Each application shall contain a list of all other licenses and permits needed 
by the applicant to conduct the proposed underground mining activities. This 
list shall identify each license and permit by: 
(1) type of permit or license; 
(2) name and address of issuing authority; 
(3) identification numbers of applications for those permits or licenses or, if 
issued, the identification numbers of the permits or licenses; and 
(4) if a decision has been made, the date of approval or disapproval by each 
issuing authority.

sec.12.162. Identification of Location of Public Office for Filing of 
Application.
Each application shall identify, by name and address, the public office where 
the applicant will simultaneously file a copy of the application for public 
inspection under sec.12.207 of this title (relating to Public Notices of filing 
of Permit Applications). 

sec.12.163. Newspaper Advertisement and Proof of Publication.
A copy of the newspaper advertisement of the application and proof of 
publication of the advertisement shall be filed with the Commission and made a 
part of the complete application not later than 4 weeks after the last date of 
publication required under sec.12.207 of this title (relating to Public Notices 
of filing of Permit Applications). 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618463
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Underground Mining Permit Applications-Minimum Requirements for Information on 
Environmental Resources
16 TAC sec.sec.12.170-12.184
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.170 - 12.184, Texas Natural Resources Code, Chapter 134.

sec.12.170. General Requirements.
Each permit application shall include a description of the existing, premining 
environmental resources within the proposed mine plan area and adjacent areas 
that may be affected or impacted by the proposed underground mining activities. 

sec.12.171. General Environmental Resources Information.
Each application shall describe and identify: 
(1) the size, sequence, and timing of the subareas of the mine plan area for 
which it is anticipated that individual permits for mining will be requested 
over the estimated total life of the proposed underground mining activities; and 
(2) the nature of cultural, historic and archeological resources listed on or 
eligible for listing on the National Register of Historic Places and known 
archeological sites within the proposed permit and adjacent areas. 
(A) The description shall be based on all available information, including, but 
not limited to, information from the State Historic Preservation Officer and 
local archeological, historical, and cultural preservation agencies.
(B) The Commission may require the applicant to identify and evaluate important 
historic and archeological resources that may be eligible for listing on the 
National Register of Historic Places, through: 
(i) collection of additional information; 
(ii) conduct of field investigations; or 
(iii) other appropriate analyses.

sec.12.172. Description of Hydrology and Geology: General Requirements.
(a) Each application shall contain a description of the geology, hydrology, and 
water quality and quantity of all lands within the proposed mine plan area, the 
adjacent areas, and the general area. The description shall include information 
on the characteristics of all surface and ground waters within the general area, 
and any water which will flow into or receive discharges of water from the 
general area. The description shall include geologic information in sufficient 
detail to assist in determining: 
(1) the probable hydrologic consequences of the operation upon the quality and 
quantity of surface and ground water in the permit and adjacent areas, including 
the extent to which surface- and ground-water monitoring is necessary; 
(2) all potentially acid- or toxic-forming strata down to and including the 
stratum immediately below the lowest coal seam to be mined; and 
(3) whether reclamation as required by this chapter (relating to Coal Mining 
Regulations) can be accomplished and whether the proposed operation has been 
designed to prevent material damage to the hydrologic balance outside the permit 
area. 
(b) The description shall be prepared according to this and sec.sec.12.173 
through 12.175 of this title (relating to Geology Description, to Ground-Water 
Description, and to Surface-Water Description), and conform to the following: 
(1) information on hydrology, water quality and quantity, and geology related to 
hydrology of areas outside the proposed mine plan area and within the general 
area shall be provided by the Commission, to the extent that this data is 
available from an appropriate federal or state agency;
(2) if this information is not available from those agencies, the applicant may 
gather and submit this information to the Commission as part of the permit 
application; and 
(3) the permit shall not be approved by the Commission until this information is 
made available in the application. 
(c) The use of modeling techniques may be included as part of the permit 
application, but the same surface- and ground-water information may be required 
for each site as when models are not used. 

sec.12.173. Geology Description.
(a) The description shall include, at a minimum, for areas proposed to be 
affected by surface operations and facilities, those surface lands overlying 
coal to be mined, and the coal to be mined: 
(1) 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; 
(2) the areal and structural geology of the permit and adjacent areas and other 
parameters which influence the required reclamation; and 
(3) the occurrence, availability, movement, quantity, and quality of potentially 
impacted surface and ground waters. 
(b) Geology of the strata 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 shall be 
described for those areas to be affected by surface operations or facilities, 
including the following data resulting from analyses of test borings, core 
samplings, or fresh unweathered, uncontaminated outcrop samples: 
(1) the location of areas where subsurface water will be exposed at the face-up 
area; 
(2) the logs of drill holes showing the lithologic characteristics of the strata 
to be affected; 
(3) the physical properties of each stratum within the overburden, including 
compaction and erodibility; and 
(4) chemical analyses of each stratum to be affected, including the stratum 
immediately below the lowest coal seam to be mined, to identify, at a minimum, 
those horizons which contain potential acid-forming, toxic-forming, or 
alkalinity-producing materials. 
(c) The geology for those surface lands within the proposed mine plan area which 
are underlain by the coal seam to be extracted, and the geology of the coal seam 
itself, including: 
(1) location of subsurface water, if encountered; 
(2) the depth, classification, and geologic structure of the overburden; 
(3) pyrite content and potential alkalinity of the stratum immediately above and 
below the coal seam to be mined and the clay content of the stratum immediately 
below the coal seam to be mined; and 
(4) pyrite, marcasite, and sulfur content of the coal seam. 
(d) An applicant may request that the requirements of subsection (a)(1) of this 
section be waived by the Commission. The waiver may be granted only if the 
Commission makes a written determination that the statement required is 
unnecessary because other equivalent information is accessible to it in a 
satisfactory form. 

sec.12.174. Ground-Water Information.
(a) The application shall contain a description of the ground-water hydrology 
for the proposed mine plan and adjacent area, including, at a minimum:
(1) the depth below the surface and the horizontal extent of the water table and 
aquifers; 
(2) the lithology and thickness of the aquifers; 
(3) the uses of the water in the aquifers and water table; and 
(4) the quality of subsurface water, if encountered. 
(b) The application shall contain additional information which describes the 
recharge, storage, and discharge characteristics of aquifers and the quality and 
quantity of ground water, according to the parameters and in the detail required 
by the Commission. 

sec.12.175. Surface-Water Information.
(a) Surface-water information shall be described, including the name of the 
watershed which will receive water discharges, the location of all surface-water 
bodies such as streams, lakes, ponds, and springs, the locations of any water 
discharge into any surface body of water, and 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. 
(b) Surface-water information shall include: 
(1) minimum, maximum, and average discharge conditions, which identify critical 
low flows and peak discharge rates of streams sufficient to identify seasonal 
variations; and 
(2) water-quality data to identify the characteristics of surface waters in, 
discharging into, or which will receive flows of surface or ground water from 
the affected area within the proposed mine plan area, sufficient to identify 
seasonal variations, showing: 
(A) total dissolved solids in milligrams per liter; 
(B) total suspended solids in milligrams per liter; 
(C) acidity; 
(D) pH in standard units; 
(E) total and dissolved iron in milligrams per liter; 
(F) total manganese in milligrams per liter; and 
(G) such other information as the Commission determines is relevant.

sec.12.176. Alternative Water Supply Information. 
The application shall identify the extent to which the proposed underground 
mining activities may proximately result in contamination, diminution, or 
interruption of an underground or surface source of water within the proposed 
mine plan or adjacent area for domestic, agricultural, industrial, or other 
legitimate use. If contamination, diminution, or interruption may result, then 
the description shall identify the alternative sources of water supply that 
could be developed to replace the existing sources. 

sec.12.177. Climatological Information.
(a) When requested by the Commission, the application shall contain a statement 
of the climatological factors that are representative of the proposed mine plan 
area, including: 
(1) the average seasonal precipitation; 
(2) the average direction and velocity of prevailing winds; and 
(3) seasonal temperature ranges. 
(b) The Commission may request such additional data as deemed necessary to 
ensure compliance with the requirements of this subchapter (relating to Surface 
Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures 
Systems). 

sec.12.178. Vegetative Information.
(a) The permit application shall, if required by the Commission, contain a map 
that delineates existing vegetative types and a description of the plant 
communities within the area affected by surface operations and facilities and 
within any proposed reference area. This description shall include information 
adequate to predict the potential for reestablishing vegetation. 
(b) When a copy or aerial photograph is required, sufficient adjacent areas 
shall be included to allow evaluation of vegetation as important habitat for 
fish and wildlife for those species of fish and wildlife identified under 
sec.12.179 of this title (relating to Fish and Wildlife Resources Information). 

sec.12.179. Fish and Wildlife Resources Information. 
(a) Resource information. Each application shall include fish and wildlife 
resource information for the permit area and adjacent area.
(1) The scope and level of detail for such information shall be determined by 
the Commission in consultation with state and federal agencies with 
responsibilities for fish and wildlife and shall be sufficient to design the 
protection and enhancement plan required under sec.12.195 of this title 
(relating to Fish and Wildlife Plan). 
(2) Site-specific resource information necessary to address the respective 
species or habitats shall be required when the permit area or adjacent area is 
likely to include: 
(A) listed or proposed endangered or threatened species of plants or animals or 
their critical habitats listed by the Secretary under the Endangered Species Act 
of 1973, as amended (16 U.S.C. 1531 et seq.), or those species or habitats 
protected by similar state statutes; 
(B) habitats of unusually high value for fish and wildlife such as important 
streams, wetlands, riparian areas, cliffs supporting raptors, areas offering 
special shelter or protection, migration routes, or reproduction and wintering 
areas; or 
(C) other species or habitats identified through agency consultation as 
requiring special protection under state or federal law. 
(b) Fish and Wildlife Service review. Upon request, the Commission shall provide 
the resource information required under subsection (a) of this section and the 
protection and enhancement plan required under sec.12.195 of this title 
(relating to Fish and Wildlife Plan) to the U.S. Department of the Interior, 
Fish and Wildlife Service Regional or Field Office for their review. This 
information shall be provided within 10 days of receipt of the request from the 
Service. 

sec.12.180. Soil Resources Information.
(a) The applicant shall provide adequate soil survey information on those 
portions of the permit area to be affected by surface operations or facilities, 
consisting of the following: 
(1) a map delineating different soils; 
(2) soil identification; 
(3) soil description; and 
(4) present and potential productivity of existing soils.
(b) Where the applicant proposes to use selected overburden materials as a 
supplement or substitute for topsoil, the application shall contain results of 
the analyses, trials and tests required under sec.12.505 of this title (relating 
to Topsoil: Removal). 

sec.12.181. Land-Use Information.
(a) The application shall contain a statement of the condition, capability and 
productivity of the land which will be affected by surface operations and 
facilities within the proposed permit area, including: 
(1) a map and supporting narrative of the uses of the land existing at the time 
of the filing of the application. If the premining use of the land was changed 
within 5 years before the anticipated date of beginning the proposed operations, 
the historic use of the land shall also be described.
(2) a narrative of land capability and productivity, which analyzes the land-use 
description under subsection (a) of this section in conjunction with other 
environmental resources information required under sec.sec.12.170 through 12.184 
of this title (relating to Underground Mining Permit Applications -- Minimum 
Requirements for Information on Environmental Resources). The narrative shall 
provide analyses of: 
(A) the capability of the land before any mining to support a variety of uses, 
giving consideration to soil and foundation characteristics, topography, 
vegetative cover, and the hydrology of the area proposed to be affected by 
surface operations or facilities; and 
(B) the productivity of the area proposed to be affected by surface operations 
and facilities before mining, expressed as average yield of food, fiber, forage, 
or wood products from such lands obtained under high levels of management. The 
productivity shall be determined by yield data or estimates for similar sites 
based on current data from the U.S. Department of Agriculture, state 
agricultural universities or appropriate state natural resources or agricultural 
agencies. 
(b) The application shall indicate whether the proposed mine plan area has been 
previously mined, and, if so, the following information, if available: 
(1) the type of mining method used; 
(2) the coal seams or other mineral strata mined; 
(3) the extent of coal or other minerals removed; 
(4) the approximate dates of past mining; and 
(5) the uses of land preceding mining. 
(c) The application shall contain a description of the existing land uses and 
land-use classifications under local law, if any, of the proposed mine plan and 
adjacent areas. 

sec.12.182. Maps: General Requirements.
The permit application shall include maps showing: 
(1) all boundaries of lands and names of present owners of record of those 
lands, both surface and subsurface, included in or contiguous to the permit 
area; 
(2) the boundaries of land within the proposed permit area upon which the 
applicant has the legal right to enter and begin underground mining activities; 
(3) the boundaries of all areas proposed to be affected over the estimated total 
life of the underground mining activities, with a description of size, sequence 
and timing of the mining of sub-areas for which it is anticipated that 
additional permits will be sought; 
(4) the location of all buildings in and within 1,000 feet of the proposed 
permit area, with identification of the current use of the buildings; 
(5) the location of surface and subsurface man-made features within, passing 
through, or passing over the proposed permit area, including, but not limited 
to, major electric transmission lines, pipelines, and agricultural drainage-tile 
fields; 
(6) the location and boundaries of any proposed reference areas for determining 
the success of revegetation; 
(7) the locations of water supply intakes for current users of surface waters 
flowing into, out of, and within a hydrologic area defined by the Commission, 
and those surface waters which will receive discharges from affected areas in 
the proposed mine plan area; 
(8) each public road located in or within 100 feet of the proposed permit area; 
(9) the boundaries of any public park and locations of any cultural or 
historical resources listed or eligible for listing on the National Register of 
Historic Places, and known archeological sites within the mine plan or adjacent 
areas; 
(10) each public or private cemetery or Indian burial ground located in or 
within 100 feet of the proposed permit area; 
(11) any land within the proposed mine plan area and adjacent area which is 
within the boundaries of any units of the National System of Trails or the Wild 
and Scenic Rivers System, including study rivers designated under Section 5(a) 
of the Wild and Scenic Rivers Act; and 
(12) other relevant information required by the Commission.

sec.12.183. Cross Sections, Maps, and Plans.
(a) The application shall include cross sections, maps, and plans showing: 
(1) elevations and locations of test borings and core samplings;
(2) elevations and locations of monitoring stations used to gather data on water 
quality and quantity, fish and wildlife, and air quality, if required, in 
preparation of the application; 
(3) nature, depth, and thickness of the coal seams to be mined, any coal or 
rider seams above the seam to be mined, each stratum of the overburden, and the 
stratum immediately below the lowest coal seam to be mined; 
(4) all coal crop lines and the strike and dip of the coal to be mined within 
the proposed mine plan area; 
(5) location and extent of known workings of active, inactive, or abandoned 
underground mines, including mine openings to the surface within the proposed 
mine plan and adjacent areas; 
(6) location and extent of subsurface water, if encountered, within the proposed 
mine plan or adjacent areas, including, but not limited to areal and vertical 
distribution of aquifers, and portrayal of seasonal differences of head in 
different aquifers on cross sections and contour maps;
(7) location of surface-water bodies such as streams, lakes, ponds, springs, 
constructed or natural drains, and irrigation ditches within the proposed mine 
plan and adjacent areas; 
(8) location and extent of existing or previously surface-mined areas within the 
proposed mine plan area; 
(9) location and dimensions of existing areas of spoil, waste, coal development 
waste, and noncoal waste disposal, dams, embankments, other impoundments, and 
water treatment and air pollution control facilities within the proposed permit 
area; 
(10) location, and depth if available, of gas and oil wells within the proposed 
permit area and water wells in the mine plan area and adjacent areas; and 
(11) sufficient slope measurements to adequately represent the existing land-
surface configuration of the area affected by surface operations and facilities, 
measured and recorded according to the following: 
(A) each measurement shall consist of an angle of inclination along the 
prevailing slope extending 100 linear feet above and below or beyond the coal 
outcrop or the area to be disturbed or, where this is impractical, at locations 
specified by the Commission; 
(B) where the area has been previously mined, the measurements shall extend at 
least 100 feet beyond the limits of mining disturbances, or any other distance 
determined by the Commission to be representative of the premining configuration 
of the land; and 
(C) slope measurements shall take into account natural variations in slope, to 
provide accurate representation of the range of natural slopes and reflect 
geomorphic differences of the area to be disturbed. 
(b) Maps, plans and cross sections included in a permit application and required 
by this shall be prepared by, or under the direction of and certified by a 
qualified registered professional engineer or professional geologist, with 
assistance from experts in related fields such as land surveying and landscape 
architecture and shall be updated as required by the Commission.

sec.12.184. Prime Farmland Investigation.
(a) The applicant shall conduct a pre-application investigation of the area 
proposed to be affected by surface operations or facilities to determine whether 
lands within the area may be prime farmland. 
(b) Land shall not be considered as prime farmland where the applicant can 
demonstrate one or more of the following: 
(1) the land has not been historically used as cropland; 
(2) the land within the proposed permit area which has a slope, as measured 
pursuant to sec.12.183(a)(11) of this title (relating to Cross Sections, Maps, 
and Plans), of greater than 5 percent. Only that portion of the land having a 
slope of greater than 5 percent will not be considered as prime farmland; 
(3) the land is not irrigated or naturally subirrigated, has not developed water 
supply that is dependable and of adequate quality, and the average annual 
precipitation is 14 inches or less; 
(4) other factors exist, such as a very rocky surface, or the land is frequently 
flooded, which clearly place all land within the area outside the purview of 
prime farmland; or 
(5) on the basis of a soil survey of the lands within the proposed area to be 
affected by surface operations or facilities, there are no soil mapping units 
which have been designated prime farmland by the U.S. Natural Resources 
Conservation Service. 
(c) If the investigation establishes that the lands are not prime farmland, the 
applicant shall submit with the permit application a request for a negative 
determination which shows that the land for which the negative determination is 
sought meets one or more of the criteria in subsection (b) of this section. 
(d) If the investigation indicates that lands within the proposed area to be 
affected by surface operations and facilities may be prime farmland historically 
used for cropland, the applicant shall contact the U.S. Natural Resources 
Conservation Service to determine if a soil survey exists for these lands and 
whether soil mapping units have been designated as prime farmland. If no such 
soil survey has been made for these lands, the applicant shall cause such a 
survey to be made. Soil surveys of the detail used by the U.S. Natural Resources 
Conservation Service for operational conservation planning shall be used to 
identify and locate prime farmland soils. 
(1) When a soil survey of lands within the proposed area to be affected by 
surface operations and facilities contains soil mapping units which have been 
designated as prime farmland, the application shall submit an application in 
accordance with sec.12.201 of this title (relating to Prime Farmland) for such 
designated land. 
(2) When a soil survey of lands within the proposed area to be affected by 
surface operations and facilities contains soil mapping units which have not 
been designated, after review by the U.S. Natural Resources Conservation 
Service, as prime farmland, the applicant shall submit a request for negative 
determination for non-designated land with the permit application establishing 
compliance with subsection (b) of this section. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618464
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Underground Mining Permit Applications-Minimum Requirements for Reclamation and 
Operation Plan
16 TAC sec.sec.12.185-12.199
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.185 - 12.199, Texas Natural Resources Code, Chapter 134. 

sec.12.185. Operation Plan: General Requirements. 
Each application shall contain a description of the mining operations proposed 
to be conducted during the life of the mine within the proposed mine plan area, 
including, at a minimum, the following: 
(1) a narrative description of the type and method of coal mining procedures and 
proposed engineering techniques, anticipated annual and total production of 
coal, by tonnage, and the major equipment to be used for all aspects of those 
operations; and 
(2) a narrative explaining the construction, modification, use, maintenance, and 
removal of the following facilities, unless retention of such facility is 
necessary for postmining land use as specified in sec.12.568 of this title 
(relating to Postmining Land Use): 
(A) dams, embankments, and other impoundments; 
(B) overburden and topsoil handling and storage areas and structures; 
(C) coal removal, handling, storage, cleaning, and transportation areas and 
structures; 
(D) spoil, coal processing waste, mine development waste, and noncoal waste 
removal, handling, storage, transportation, and disposal areas and structures; 
(E) mine facilities; and 
(F) water-pollution control facilities. 

sec.12.186. Operation Plan: Existing Structures. 
(a) Each application shall contain a description of each existing structure 
proposed to be used in connection with or to facilitate the surface coal mining 
and reclamation operation. The description shall include: 
(1) location; 
(2) plans of the structure which describe its current condition; 
(3) approximate dates on which construction of the existing structure was begun 
and completed; and 
(4) a showing, including relevant monitoring data or other evidence, whether the 
structure meets the performance standards of Subchapter K of this chapter 
(relating to Permanent Program Performance Standards).
(b) Each application shall contain a compliance plan for each existing structure 
proposed to be modified or reconstructed for use in connection with or to 
facilitate the surface coal mining and reclamation operation. The compliance 
plan shall include: 
(1) design specifications for the modification or reconstruction of the 
structure to meet the design and performance standards of Subchapter K of this 
chapter (relating to Permanent Program Performance Standards);
(2) a construction schedule which shows dates for beginning and completing 
interim steps and final reconstruction; 
(3) provisions for monitoring the structure during and after modification or 
reconstruction to ensure that the performance standards of Subchapter K of this 
chapter (relating to Permanent Program Performance Standards) are met; and 
(4) a showing that the risk of harm to the environment or to public health or 
safety is not significant during the period of modification or reconstruction.

sec.12.187. Reclamation Plan: General Requirements. 
(a) Each application shall contain a plan for the reclamation of the lands 
within the proposed permit area showing how the applicant will comply with 
sec.sec.134.091 through 134.109 and sec.134.015 of the Act and Subchapter K of 
this chapter (relating to Permanent Program Performance Standards). The plan 
shall include at a minimum, all information required under this section and 
sec.sec.12.188 through 12.199 of this title (relating to Underground Mining 
Permit Applications -- Minimum Requirements for Reclamation and Operation Plan). 
(b) Each plan shall contain the following information for the proposed permit 
area: 
(1) a detailed timetable for the completion of each major step in the 
reclamation plan; 
(2) a detailed estimate of the cost of the reclamation of the proposed 
operations required to be covered by a performance bond under Subchapter J of 
this chapter (relating to Bond and Insurance Requirements for Surface Coal 
Mining and Reclamation Operations), with supporting calculations for the 
estimates; 
(3) a plan for backfilling, soil stabilization, compacting and grading, with 
contour maps or cross sections that show the anticipated final surface 
configuration of the proposed permit area, in accordance with sec.sec.12.551 
through 12.554 of this title (relating to Backfilling and Grading: General 
Requirements, to Backfilling and Grading: General Grading Requirements, to 
Backfilling and Grading: Covering Coal and Acid- and Toxic-Forming Materials, 
and to Regrading or Stabilizing Rills and Gullies); 
(4) a plan for removal, storage, and redistribution of topsoil, subsoil, and 
other material to meet the requirements of sec.sec.12.504 through 12.508 of this 
title (relating to Topsoil: General Requirements, to Topsoil: Removal, to 
Topsoil: Storage, to Topsoil: Redistribution, and to Topsoil: Nutrients and Soil 
Amendments). A demonstration of the suitability of topsoil substitutes or 
supplements under this chapter (relating to Coal Mining Regulations) shall be 
based upon analysis of the thickness of soil horizons, total depth, texture, 
percent coarse fragments, pH, and areal extent of the different kinds of soils. 
The Commission may require other chemical and physical analyses, field-site 
trials, or greenhouse tests if determined to be necessary or desirable to 
demonstrate the suitability of topsoil substitutes or supplements; 
(5) a plan for revegetation as required in sec.sec.12.555 through 12.560 of this 
title (relating to Revegetation: General Requirements, to Revegetation: Use of 
Introduced Species, to Revegetation: Timing, to Revegetation: Mulching and Other 
Soil Stabilizing Practices, to Revegetation: Grazing, and to Revegetation: 
Standards for Success), including, but not limited to, descriptions of the: 
(A) schedule of revegetation; 
(B) species and amounts per acre of seeds and seedlings to be used; 
(C) methods to be used in planting and seeding; 
(D) mulching techniques; 
(E) irrigation, if appropriate, and pest- and disease-control measures, if any; 
(F) measures proposed to be used to determine the success of revegetation as 
required in sec.12.560 of this title (relating to Revegetation: Standards for 
Success); and 
(G) a soil testing plan for evaluation of the results of topsoil handling and 
reclamation procedures related to revegetation; 
(6) a description of the measures to be used to maximize the use and 
conservation of the coal resource as required in sec.12.525 of this title 
(relating to Coal Recovery); 
(7) a description of measures to be employed to ensure that all debris, acid-
forming and toxic-forming materials, and materials constituting a fire hazard 
are disposed of in accordance with sec.sec.12.542 and 12.553 of this title 
(relating to Disposal of Noncoal Wastes, and to Backfilling and Grading: 
Covering Coal and Acid- and Toxic-Forming Materials), and a description of the 
contingency plans which have been developed to preclude sustained combustion of 
such materials; 
(8) a description, including appropriate cross sections and maps, of the 
measures to be used to seal or manage mine openings, and to plug, case or manage 
exploration holes, other bore holes, wells and other openings within the 
proposed permit area, in accordance with sec.sec.12.501 through 12.503 of this 
title (relating to Casing and Sealing of Exposed Underground Openings: General 
Requirements, to Casing and Sealing of Underground Openings: Temporary, and to 
Casing and Sealing of Underground Openings: Permanent); and 
(9) a description of steps to be taken to comply with the requirements of the 
Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et 
seq.), and other applicable air- and water-quality laws and regulations and 
health and safety standards. 

sec.12.188. Reclamation Plan: Protection of Hydrologic Balance.
(a) General requirements. Each plan shall contain a detailed description, with 
appropriate maps and cross-section drawings, of the measures to be taken during 
and after the proposed underground mining activities, in accordance with 
sec.sec.12.500 through 12.572 of this title (relating to Permanent Program 
Performance Standards: Underground Mining Activities). The plan shall be 
specific to the local hydrologic conditions. It shall contain the steps to be 
taken during mining and reclamation through bond release to minimize 
disturbances to the hydrologic balance within the permit and adjacent areas; to 
prevent material damage outside the permit area; to meet applicable federal and 
state water-quality laws and regulations; and to protect the rights of present 
water users. The plan shall specifically address any potential adverse 
hydrologic consequences identified in the PHC determination prepared under 
sec.sec.12.185 through 12.199 of this title (relating to Underground Mining 
Permit Applications: Minimum Requirements for Reclamation and Operation Plan), 
and shall include preventative and remedial measures. The plan shall identify 
the measures to be taken to: 
(1) protect the quality of surface- and ground-water systems, both within the 
proposed mine plan area and adjacent areas, from the adverse effects of the 
proposed underground mining activities; 
(2) protect the rights of present users of surface and ground water; 
(3) protect the quantity of surface and ground water, both within the proposed 
mine plan area and the adjacent area, from adverse effects of the proposed 
underground mining activities, or to provide alternative sources of water, in 
accordance with sec.sec.12.176 and 12.521 of this title (relating to Alternative 
Water Supply Information, and to Hydrologic Balance: Water Rights and 
Replacement), where the protection of quantity cannot be ensured; 
(4) avoid acid or toxic drainage; 
(5) prevent, to the extent possible using the best technology currently 
available, additional contributions of sediment to streamflows;
(6) provide water-treatment facilities when needed; 
(7) control drainage; 
(8) restore approximate premining recharge capacity; 
(9) provide a plan for the collection, recording, and reporting of ground- and 
surface-water quality and quantity data, according to sec.12.519 of this title 
(relating to Hydrologic Balance: Surface- and Ground-Water Monitoring); and 
(10) protect the quality of water by locating openings  for mines in accordance 
with sec.12.518 of this title (relating to Hydrologic
Balance: Underground Mine Entry and Access Discharges). 
(b) Analyses requirements. All water-quality analyses performed to meet the 
requirements of this shall be conducted according to the methodology in the 15th 
edition of Standard Methods for the Examination of Water and Wastewater, which 
is incorporated by reference for the methodology in 40 CFR Parts 136 and 434. 
(c) Probable hydrologic consequences information. The description shall include 
a determination of the probable hydrologic consequences of the proposed 
underground mining activities, on the proposed mine plan area and adjacent area, 
with respect to the hydrologic regime and the quantity and quality of water in 
surface- and ground-water systems under all seasonal conditions, including: 
(1) the name, location, ownership, and description of all surface-water bodies 
such as streams, lakes, and impoundments, the location of any discharge into any 
surface-water body in the proposed permit and adjacent areas, and information on 
surface-water quality and quantity sufficient to demonstrate seasonal variation 
and water usage. Water-quality descriptions shall include, at a minimum, 
baseline information on total suspended solids, total dissolved solids or 
specific conductance corrected to 25 degrees C, pH, total iron, and total 
manganese. Baseline acidity and alkalinity information shall be provided if 
there is a potential for acid drainage from the proposed mining operation. 
Water-quantity descriptions shall include, at a minimum, baseline information on 
seasonal flow rates;
(2) information on water availability and alternative water sources, including 
the suitability of alternative water sources for existing premining uses and 
approved postmining land uses, if the PHC determination indicates that the 
proposed mining operation may proximately result in contamination, diminution, 
or interruption of an underground or surface source of water within proposed 
permit or adjacent areas which is used for domestic, agricultural, industrial or 
other legitimate purpose; and 
(3) supplemental information as required by the Commission, if the PHC indicates 
that 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- or surface-water supplies. 
(d) Probable hydrologic consequences determination. 
(1) The description shall contain a determination of the probable hydrologic 
consequences (PHC) of the proposed operation upon the quality and quantity of 
surface and ground water under seasonal flow conditions for the proposed permit 
and adjacent areas. 
(2) The PHC determination shall be based on baseline hydrologic, geologic, and 
other information collected for the permit application and may include data 
statistically representative of the site. 
(3) The PHC determination shall include findings on: 
(A) whether adverse impacts may occur to the hydrologic balance;
(B) whether acid-forming or toxic-forming materials are present that could 
result in contamination of surface- or ground-water supplies;
(C) whether the proposed operation may proximately result in contamination, 
diminution, or interruption of an underground or surface source of water within 
the proposed permit or adjacent areas which is used for domestic, agricultural, 
industrial, or other legitimate purpose; and
(D) what impact the proposed operation will have on: 
(i) sediment yield from the disturbed area; 
(ii) acidity, total suspended and dissolved solids, and other important water-
quality parameters of local impact; 
(iii) flooding or streamflow alteration; 
(iv) ground- and surface-water availability; and 
(v) other characteristics as required by the Commission. 
(4) An application for a permit revision shall be reviewed by the Commission to 
determine whether a new or updated PHC determination shall be required. 
(e) Cumulative hydrologic impact assessment. 
(1) The Commission shall provide an assessment of the probable cumulative 
hydrologic impacts (CHIA) of the proposed operation and all anticipated mining 
upon surface- and ground-water systems in the cumulative impact area. The CHIA 
shall be sufficient to determine, for purposes of permit approval, whether the 
proposed operation has been designed to prevent material damage to the 
hydrologic balance outside the permit area. The Commission may allow the 
applicant to submit data and analyses relevant to the CHIA with the permit 
application. 
(2) An application for a permit revision shall be reviewed by the Commission to 
determine whether a new or updated CHIA shall be required.
(f) Additional requirements. Each plan shall contain a detailed description, 
with appropriate drawings, of permanent entry seals and down-slope barriers 
designed to ensure stability under anticipated hydraulic heads developed while 
promoting mine inundation after mine closure for the proposed mine plan area. 

sec.12.189. Reclamation Plan: Postmining Land Uses. 
(a) Each plan shall contain a detailed description of the proposed use, 
following reclamation, of the land to be affected within the proposed permit 
area by surface operations or facilities, including a discussion of the utility 
and capacity of the reclaimed land to support a variety of alternative uses, and 
the relationship of the proposed use to existing land-use policies and plans. 
This description shall explain: 
(1) how the proposed postmining land use is to be achieved and the necessary 
support activities which may be needed to achieve the proposed land use; 
(2) where a land use different from the premining land-use is proposed, all 
materials needed for approval of the alternative use under sec.12.568 of this 
title (relating to Postmining Land Use); and 
(3) the consideration given to making all of the proposed underground mining 
activities consistent with surface-owner plans and applicable state and local 
land-use plans and programs. 
(b) The description shall be accompanied by a copy of the comments concerning 
the proposed use from the legal or equitable owner of record of the surface 
areas to be affected by surface operations or facilities within the proposed 
permit area and the state and local government agencies which would have to 
initiate, implement, approve, or authorize the proposed use of the land 
following reclamation. 

sec.12.190. Reclamation Plan: Ponds, Impoundments, Banks, Dams, and Embankments.
(a) General. Each application shall include a general plan for each proposed 
sedimentation pond, water impoundment, and coal processing waste bank, dam, or 
embankment within the proposed mine plan area. 
(1) Each general plan shall: 
(A) be prepared by or under the direction of, and certified by, a qualified 
registered professional engineer or by a professional geologist with assistance 
from experts in related fields such as land surveying and landscape 
architecture; 
(B) contain a description, map, and cross section of the structure and its 
location; 
(C) contain preliminary hydrologic and geologic information required to assess 
the hydrologic impact of the structure; 
(D) contain a survey describing the potential effect on the structure from 
subsidence of the subsurface strata resulting from past underground mining 
operations if underground mining has occurred; and 
(E) contain a certification statement which includes a schedule setting forth 
the dates when any detailed design plans for structures that are not submitted 
with the general plan will be submitted to the Commission. The Commission shall 
have approved, in writing, the detailed design plan for a structure before 
construction of the structure begins. 
(2) Each detailed design plan for a structure that meets or exceeds the size or 
other criteria of the Mine Safety and Health Administration, 30 CFR 77.216(a) 
shall: 
(A) be prepared by or under the direction of, and certified by, a qualified 
registered professional engineer with assistance from experts in related fields 
such as geology, land surveying, and landscape architecture;
(B) include any geotechnical investigation, design, and construction 
requirements for the structure; 
(C) describe the operation and maintenance requirements for each structure; and 
(D) describe the timetable and plans to remove each structure, if appropriate. 
(3) Each detailed design plan for a structure that does not meet the size or 
other criteria of 30 CFR 77.216(a) shall: 
(A) be prepared by, or under the direction of, and certified by a qualified 
registered professional engineer or registered land surveyor except that all 
coal processing waste dams and embankments covered by sec.sec.12.543 through 
12.545 of this title (relating to Coal Processing Waste: Dams and Embankments: 
General Requirements, to Coal Processing Waste: Dams and Embankments: Site 
Preparation, and to Coal Processing Waste: Dams and Embankments: Design and 
Construction) shall be certified by a qualified registered professional 
engineer; 
(B) include any design and construction requirements for the structure, 
including any required geotechnical information; 
(C) describe the operation and maintenance requirements for each structure; and 
(D) describe the timetable and plans to remove each structure, if appropriate. 
(b) Sedimentation ponds. 
(1) Sedimentation ponds, whether temporary or permanent, shall be designed in 
compliance with the requirements of sec.12.514 of this title (relating to 
Hydrologic Balance: Sedimentation Ponds). Any sedimentation pond or earthen 
structure which will remain on the proposed mine plan area as a permanent water 
impoundment shall also be designed to comply with the requirements of sec.12.517 
of this title (relating to Hydrologic Balance: Permanent and Temporary 
Impoundments). 
(2) Each plan shall, at a minimum, comply with the requirements of the Mine 
Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2.
(c) Permanent and temporary impoundments. Permanent and temporary impoundments 
shall be designed to comply with the requirements of sec.12.517 of this title 
(relating to Hydrologic Balance: Permanent and Temporary Impoundments). Each 
plan shall comply with the requirements of the Mine Safety and Health 
Administration, 30 CFR 77.216-1 and 77.216-2. 
(d) Coal processing waste banks. Coal processing waste banks shall be designed 
to comply with the requirements of sec.sec.12.535 through 12.538 of this title 
(relating to Coal Processing Waste Banks: General Requirements, to Coal 
Processing Waste Banks: Site Inspection, to Coal Processing Waste Banks: Water 
Control Measures, and to Coal Processing Waste Banks: Construction 
Requirements). 
(e) Coal processing waste dams and embankments. Coal processing waste dams and 
embankments shall be designed to comply with the requirements of sec.sec.12.543 
and 12.544 of this title (relating to Coal Processing Waste: Dams and 
Embankments: General Requirements, and to Coal Processing Waste: Dams and 
Embankments: Site Preparation). Each plan shall comply with the requirements of 
the Mine Safety and Health Administration, 30 CFR 77.216-1 and 77.216-2, and 
shall contain the results of a geotechnical investigation of the proposed dam or 
embankment foundation area, to determine the structural competence of the 
foundation which will support the proposed dam or embankment structure and the 
impounded material. The geotechnical investigation shall be planned and 
supervised by an engineer or engineering geologist, according to the following: 
(1) the number, location, and depth of borings and test pits shall be determined 
using current prudent engineering practice for the size of the dam or 
embankment, quantity of material to be impounded, and subsurface conditions; 
(2) the character of the overburden and bedrock, the proposed abutment sites, 
and any adverse geotechnical conditions which may affect the particular dam, 
embankment, or reservoir site shall be considered; 
(3) all springs, seepage, and ground water flow observed or anticipated during 
wet periods in the area of the proposed dam or embankment shall be identified on 
each plan; and 
(4) consideration shall be given to the possibility of mudflows, rock-debris 
falls, or other landslides into the dam, embankment, or impounded material. 
(f) If the structure is 20 feet or higher or impounds more than 20 acre-feet, 
each plan under subsections (b), (c), and (e) of this section shall include a 
stability analysis of each structure. The stability analysis shall include, but 
not be limited to, strength parameters, pore pressures, and long-term seepage 
conditions. The plan shall also contain a description of each engineering design 
assumption and calculation, with a discussion of each alternative considered in 
selecting the specific design parameters and construction methods.

sec.12.191. Protection of Public Parks and Historic Places.
(a) For any publicly owned parks or any places listed on the National Register 
of Historic Places that may be adversely affected by the proposed operation, 
each plan shall describe the measures to be used: 
(1) to prevent adverse impacts, or 
(2) if valid existing rights exist or joint agency approval is to be obtained 
under sec.12.72(g) of this title (relating to Procedures), to minimize impacts. 
(b) The Commission may require the applicant to protect historic and 
archeological properties listed on or eligible for listing on the National 
Register of Historic Places through appropriate mitigation and treatment 
measures. Appropriate mitigation and treatment measures may be required to be 
taken after permit issuance provided that the required measures are completed 
before the properties are affected by any mining operation. 

sec.12.192. Relocation or Use of Public Roads.
Each application shall describe, with appropriate maps and cross sections, the 
measures to be used to ensure that the interests of the public and landowners 
affected are protected if, under sec.12.72 of this title (relating to 
Procedures) the applicant seeks to have the Commission approve: 
(1) conducting the proposed underground mining activities within 100 feet of the 
right-of-way line of any public road, except where mine access or haul roads 
join that right-of-way; or 
(2) relocating a public road. 

sec.12.193. Underground Development Waste/Return of Coal Processing Waste to 
Abandoned Underground Workings.
(a) Underground Development Waste. Each plan shall contain descriptions, 
including appropriate maps and cross-section drawings of the proposed disposal 
methods and sites for placing underground development waste and excess spoil 
generated at surface areas affected by surface operations and facilities, 
according to sec.sec.12.531 through 12.534 of this title (relating to Disposal 
of Underground Development Waste and Excess Spoil: General Requirements, to 
Disposal of Underground Development Waste and Excess Spoil: Valley fills, to 
Disposal of Underground Development Waste and Excess Spoil: Head-of-Hollow 
Fills, and to Disposal of Underground Development Waste and Excess Spoil: 
Durable Rock Fills). Each plan shall describe the geotechnical investigation, 
design, construction, operation, maintenance and removal, if appropriate, of the 
structures and be prepared according to sec.12.153 of this title (relating to 
Disposal of Excess Spoil).
(b) Return of Coal Processing Waste to Abandoned Underground Workings. 
(1) Each plan shall describe the design, operation and maintenance of any 
proposed coal processing waste disposal facility, including flow diagrams and 
any other necessary drawings and maps, for the approval of the Commission and 
the Mine Safety and Health Administration under sec.12.541 of this title 
(relating to Coal Processing Waste: Return to Underground Workings). 
(2) Each plan shall describe the source and quality of waste to be stowed, area 
to be backfilled, percent of the mine void to be filled, method of constructing 
underground retaining walls, influence of the backfilling operation on active 
underground mine operations, surface area to be supported by the backfill, and 
the anticipated occurrence of surface effects following backfilling. 
(3) The applicant shall describe the source of the hydraulic transport mediums, 
method of dewatering the placed backfill, retainment of water if released to 
surface streams, and the effect on the hydrologic regime.
(4) The plan shall describe each permanent monitoring well to be located in the 
backfilled area, the stratum underlying the mined coal, and gradient from the 
backfilled area. 
(5) The requirements of paragraphs (1) through (4) of this subsection shall also 
apply to pneumatic backfilling operations, except where the operations are 
exempted by the Commission from requirements specifying hydrologic monitoring. 

sec.12.194. Subsidence Control Plan.
The application shall include a survey which shall show whether structures or 
renewable resource lands exist within the proposed permit and adjacent area and 
whether subsidence if it occurred could cause material damage or diminution of 
reasonably foreseeable use of such structures or renewable resource lands. If 
the survey shows that no such structures or renewable resource lands exist, or 
no such material damage or diminution could be caused in the event of mine 
subsidence, and if the Commission agrees with such  conclusion, no further 
information need be provided in the application under this section. In the event 
the survey shows such structures or renewable resource lands exist and that 
subsidence could cause material damage or diminution of value or foreseeable use 
of the land, or if the Commission determines that such damage or diminution 
could occur, the application shall include a subsidence plan which shall contain 
the following information: 
(1) a detailed description of the mining method and other measures to be taken 
which may affect subsidence, including: 
(A) the technique of coal removal, such as longwall mining, room and pillar with 
pillar removal, hydraulic mining or other methods; 
(B) the extent, if any, to which planned and controlled subsidence is intended; 
and 
(C) a description of the physical conditions, such as depth of cover, seam 
thickness, and lithology, which affect the likelihood and extent of subsidence 
and subsidence-related damage. 
(2) a detailed description of the measures to be taken to prevent subsidence 
from causing material damage or lessening the value or reasonably foreseeable 
use of the surface, including: 
(A) the anticipated effects of planned subsidence, if any;
(B) measures, if any, to be taken in the mine to reduce the likelihood of 
subsidence, including such measures as: 
(i) backstowing or backfilling of voids; 
(ii) leaving support pillars of coal; and 
(iii) areas in which no real coal removal is planned, including a description of 
the overlying area to be protected by leaving coal in place; and 
(C) Measures to be taken on the surface to prevent material damage or lessening 
of the value or reasonably foreseeable use of the surface including such 
measures as: 
(i) reinforcement of sensitive structures or features; 
(ii) installation of footers designed to reduce damage caused by movement; 
(iii) change of location of pipelines, utility lines or other features; 
(iv) relocation of movable improvements to sites outside the angle-of-draw; and 
(v) monitoring, if any, to determine the commencement and degree of subsidence 
so that other appropriate measures can be taken to prevent or reduce material 
damage; 
(3) a detailed description of the measures to be taken to mitigate the effects 
of any material damage or diminution of value or foreseeable use of lands which 
may occur, including one or more of the following as required by sec.12.564 of 
this title (relating to Subsidence Control: Surface-Owner Protection): 
(A) restoration or rehabilitation of structures and features, including 
approximate land-surface contours, to premining condition; 
(B) replacement of structures destroyed by subsidence; 
(C) purchase of structures prior to mining and restoration of the land after 
subsidence to condition capable of supporting and suitable for the structures 
and foreseeable land uses; and
(D) purchase of non-cancellable insurance policies payable to the surface owner 
in the full amount of the possible material damage or other comparable measures; 
(4) a detailed description of measures to be taken to determine the degree of 
material damage or diminution of value or foreseeable use of the surface, 
including such measures as: 
(A) the results of pre-subsidence surveys of all structures and surface features 
which might be materially damaged by subsidence ; and
(B) monitoring, if any, proposed to measure deformations near specified 
structures or features or otherwise as appropriate for the operation;
(5) a map of underground workings which describes the location and extent of 
areas in which planned-subsidence mining methods will be used and which includes 
all areas where the measures described in paragraph (2) of this section will be 
taken to prevent or minimize subsidence and subsidence-related damage; and 
(6) other information specified by the Commission as necessary to demonstrate 
that the operation will be conducted in accordance with the performance 
standards of sec.sec.12.562 through 12.565 of this title (relating to Subsidence 
Control: General Requirements, to Subsidence Control: Public Notice, to 
Subsidence Control: Surface-Owner Protection, and to Subsidence Control: Buffer 
Zones). 

sec.12.195. Fish And Wildlife Plan.
Protection and enhancement plan. Each application shall contain a description of 
how, to the extent possible using the best technology currently available, the 
operator will minimize disturbances and adverse impacts on fish and wildlife and 
related environmental values, including compliance with the Endangered Species 
Act, during the surface coal mining and reclamation operations, and how 
enhancement of these resources will be achieved, where practicable. This 
description shall: 
(1) be consistent with the requirements of sec.12.547 of this title (relating to 
Protection of Fish, Wildlife, and Related Environmental Values); 
(2) apply, at a minimum, to species and habitats identified under sec.12.179(a) 
of this title (relating to Fish and Wildlife Resources Information); and 
(3) include: 
(A) protective measures that will be used during the active mining phase of 
operation. Such measures may include the establishment of buffer zones, the 
selective location and special design of haul roads and power lines, and the 
monitoring of surface-water quality and quantity; and
(B) enhancement measures that will be used during the reclamation and postmining 
phase of operation to develop aquatic and terrestrial habitat. Such measures may 
include restoration of streams and other wetlands, retention of ponds and 
impoundments, establishment of vegetation for wildlife food and cover, and the 
placement of perches and nest boxes. Where the plan does not include enhancement 
measures, a statement shall be given explaining why enhancement is not 
practicable. 

sec.12.196. Diversions.
Each application shall contain descriptions, including maps and cross sections 
of stream-channel diversions and other diversions to be constructed within the 
proposed permit area to achieve compliance with sec.sec.12.511 and 12.512 of 
this title (relating to Hydrologic Balance: Diversions and Conveyance of 
Overland Flow, Shallow Ground-Water Flow, and Ephemeral Streams, and to 
Hydrologic Balance: Stream-Channel Diversions).

sec.12.197. Operation Plan: Maps and Plans.
Each application shall contain maps, plans, and cross sections of the proposed 
mine plan and adjacent areas as follows: 
(1) the maps, plans and cross sections shall show the underground mining 
activities to be conducted, the lands to be affected throughout the operation, 
and any change in a facility or feature to be caused by the proposed operations, 
if the facility or feature was shown under sec.sec.12.182 and 12.183 of this 
title (relating to Maps: General Requirements, and to Cross Sections, Maps, and 
Plans); 
(2) the following shall be shown for the proposed permit area unless 
specifically required for the mine plan area or adjacent area by the 
requirements of this section: 
(A) buildings, utility corridors, and facilities to be used;
(B) the area of land to be affected within the proposed mine plan area, 
according to the sequence or mining and reclamation; 
(C) each area of land for which a performance bond or other equivalent guarantee 
will be posted under Subchapter J of this chapter (relating to Bond and 
Insurance Requirements for Surface Coal Mining and Reclamation Operations); 
(D) each coal storage, cleaning and loading area; 
(E) each topsoil, spoil, coal preparation waste, underground development waste, 
and noncoal waste storage area; 
(F) each water diversion, collection, conveyance, treatment, storage and 
discharge facility to be used; 
(G) each source of waste and each waste-disposal facility relating to coal 
processing or pollution control; 
(H) each facility to be used to protect and enhance fish and wildlife related 
environmental values; 
(I) each explosive storage and handling facility; 
(J) location of each sedimentation pond, permanent water impoundment, coal 
processing waste bank, and coal processing waste dam and embankment, in 
accordance with sec.12.190 of this title (relating to Reclamation Plan: Ponds, 
Impoundments, Banks, Dams, and Embankments) and disposal areas for underground 
development waste and excess spoil in accordance with sec.12.193 of this title 
(relating to Underground Development Waste/Return of Coal Processing Waste to 
Underground Workings). 
(K) each profile, at cross sections specified by the Commission of the 
anticipated final surface configuration to be achieved for the affected areas; 
(L) location of each water and subsidence monitoring point; and 
(M) location of each facility that will remain on the proposed permit area as a 
permanent feature, after the completion of underground mining activities; and 
(3) maps, plans, and cross sections required under paragraph (2)(E), (F), (J), 
and (K) of this section shall be prepared by, or under the direction of and 
certified by a qualified professional engineer, or professional geologist, with 
assistance from experts in related fields such as land surveying and landscape 
architecture, except that: 
(A) maps, plans, and cross sections for sedimentation ponds may only be prepared 
by a qualified registered engineer; and 
(B) excess spoil and underground development waste facilities maps, plans and 
cross sections may only be prepared by a qualified registered professional 
engineer.

sec.12.198. Road Systems and Support Facilities. 
(a) Plans and drawings. Each applicant for an underground coal mining and 
reclamation permit shall submit plans and drawings for each road, as defined in 
sec.12.3 of this title (relating to Definitions), 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 sec.12.569(d)(1) of 
this title (relating to Roads: General); 
(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 sec.12.570(3)(B) of 
this title (relating to Primary Roads); 
(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 
sec.12.570(4)(E) of this title (relating to Primary Roads);
(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 sec.12.570(4)(F) of this title 
(relating to Primary Roads); and 
(6) describe the plans to remove and reclaim each road that would not be 
retained under an approved postmining land use, and the schedule for this 
removal and reclamation. 
(b) Primary road certification. The plans and drawings for each primary road 
shall be prepared by, or under the direction of, and certified by a qualified 
registered professional engineer as meeting the requirements of this chapter 
(relating to Coal Mining Regulations); current, prudent engineering practices; 
and any design criteria established by the Commission. 
(c) Support facilities. Each applicant for an underground coal mining and 
reclamation permit shall submit a description, plans, and drawings for each 
support facility to be constructed, used, or maintained within the proposed 
permit area. The plans and drawings shall include a map, appropriate cross 
sections, design drawings, and specifications sufficient to demonstrate 
compliance with sec.12.572 of this title (relating to Support Facilities) for 
each facility. 

sec.12.199. Air Pollution Control Plan.
For all surface operations associated with underground mining activities, the 
application shall contain an air pollution control plan which includes the 
following: 
(1) an air-quality monitoring program, if required by the Commission to provide 
sufficient data to evaluate the effectiveness of the fugitive-dust control 
practices, under paragraph (2) of this section to comply with applicable federal 
and state air-quality standards; and 
(2) a plan for fugitive-dust control practices as required under sec.12.546 of 
this title (relating to Air Resources Protection).
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618465
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Requirements for Permits for Special Categories of Mining
16 TAC sec.sec.12.200-12.205
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.200 - 12.205, Texas Natural Resources Code, Chapter 134. 

sec.12.200. Experimental Practices Mining..
(a) Experimental practices provide a variance from the environmental protection 
performance standards of the Act and Subchapter K of this chapter (relating to 
Permanent Program Performance Standards) for experimental or research purposes, 
or to allow an alternative postmining land use. They may be undertaken if they 
are approved by the Commission and the Director and if they are incorporated in 
a permit revision issued in accordance with the requirements of Subchapter G of 
this chapter (relating to Surface Coal Mining and Reclamation Operations Permits 
and Coal Exploration Procedures Systems).
(b) No person shall engage in or maintain any experimental practice, unless that 
practice is first approved in a permit by the Commission and the Director. 
(c) Each person who desires to conduct an experimental practice shall submit a 
permit application which contains descriptions, maps, plans, and data which 
show: 
(1) the nature of the experimental practice, including a description of the 
performance standards for which variances are requested, the duration of the 
experimental practice, and any special monitoring which will be conducted;
(2) how use of the experimental practice encourages advances in mining and 
reclamation technology or, allows a postmining land use for industrial, 
commercial, residential, or public use (including recreational facilities) on an 
experimental basis; 
(3) that the mining and reclamation operations proposed for using an 
experimental practice are not larger or more numerous than necessary to 
determine the effectiveness and economic feasibility of the experimental 
practice; 
(4) that the experimental practice: 
(A) is potentially more or at least as environmentally protective during and 
after the proposed mining and reclamation operations, as those required under 
Subchapter K of this chapter (relating to Permanent Program Performance 
Standards); and 
(B) will not reduce the protection afforded public health and safety below that 
provided by the requirements of Subchapter K of this chapter (relating to 
Permanent Program Performance Standards); and 
(5) that the applicant will conduct monitoring of the effects of the 
experimental practice. The monitoring program shall ensure the collection, 
analysis, and reporting of reliable data that are sufficient to enable the 
Commission and the Director to: 
(A) evaluate the effectiveness of the experimental practice; and 
(B) identify, at the earliest possible time, potential risk to the environment 
and public health and safety which may be caused by the experimental practice 
during and after mining. 
(d) Each application shall set forth the environmental protection performance 
standards of Subchapter K of this chapter (relating to Permanent Program 
Performance Standards) which will be implemented, in the event the objective of 
the experimental practice is a failure. 
(e) All experimental practices for which variances are sought shall be 
specifically identified through newspaper advertisements by the applicant and 
the written notifications by the Commission required under sec.12.207 of this 
title (relating to Public Notices of Filing of Permit Applications). 
(f) No permit authorizing an experimental practice shall be issued, unless the 
Commission first finds, in writing, upon the basis of both a complete 
application filed in accordance with the requirements of this section and the 
comments of the Director, that: 
(1) the experimental practice meets all of the requirements of subsection (c)(2) 
through (5) of this section; 
(2) the experimental practice is based on a clearly defined set of objectives 
which can reasonably be expected to be achieved; 
(3) the experimental practice has been specifically approved, in writing, by the 
Director, based on his or her findings that all of the requirements of 
subsection (c)(1) through (5) of this section will be met; and 
(4) the permit contains conditions which specifically:
(A) limit the experimental practice authorized to that granted by the Commission 
and the Director. 
(B) impose enforceable alternative environmental protection requirements; and 
(C) require the person to conduct the periodic monitoring, recording and 
reporting program set forth in the application, with such additional 
requirements as the Commission or the Director may require. 
(g) Experimental practices granting variances from the special environmental 
protection performance standards of this chapter (relating to Coal Mining 
Regulations) and of the Act applicable to prime farmland shall be approved only 
after consultation with the U.S. Department of Agriculture, Natural Resources 
Conservation Service. 
(h) Each experimental practice shall be reviewed by the Commission as set forth 
in the approved permit, but no less frequently than every 2 1/2 years. After 
review, the Commission may require such reasonable modifications of the 
experimental practice necessary to ensure that the operations involved are 
conducted to fully protect the environment and the public health and safety. 
Copies of the decision of the Commission shall be sent to the permittee and 
shall be subject to administrative and judicial review. 
(i) Revisions or modifications to an experimental practice shall be processed in 
accordance with the requirements of this chapter (relating to Coal Mining 
Regulations) and approved by the Commission. Any revisions which propose 
significant alterations in the experimental practice shall, at a minimum, be 
subject to the notice, hearing, and public participation requirements of this 
chapter (relating to Coal Mining Regulations) and concurrence by the Director. 
Revisions that do not propose significant alterations in the experimental 
practice shall not require concurrence by the Director.

sec.12.201. Prime Farmland.
(a) Scope. This section applies to any person who conducts or intends to conduct 
surface coal mining and reclamation operations on prime farmlands historically 
used for cropland. Areas where mining is authorized under permits issued or 
mining plans approved prior to August 3, 1977, are exempt from the prime 
farmland reconstruction standards. 
(b) Application contents for prime farmland. If land within the proposed permit 
area is identified as prime farmland under sec.sec.12.138 or 12.184 of this 
title (relating to Prime Farmland Investigation), the applicant shall submit a 
plan for the mining and restoration of the land. Each plan shall contain, at a 
minimum: 
(1) a soil survey of the permit area according to the standards of the National 
Cooperative Soil Survey and in accordance with the procedures set forth in U.S. 
Department of Agriculture Handbook 436 (Soil Taxonomy, 1975) as amended on March 
22, 1982 and October 5, 1982, and Handbook 18 (Soil Survey Manual, 1951), as 
amended on December 18, 1979, May 7, 1980, May 9, 1980, September 11, 1980, June 
9, 1981, June 29, 1981, and November 16, 1982. The U.S. Natural Resources 
Conservation Service establishes the standards of the National Cooperative Soil 
Survey and maintains a National Soils Handbook which gives current acceptable 
procedures for conducting soil surveys. This National Soils Handbook is 
available for review at area and state NRCS offices. 
(A) U.S. Department of Agriculture Handbooks 436 (Soil Taxonomy) and 18 (Soil 
Survey Manual) are on file and available for inspection at the Surface Mining 
and Reclamation Division, Railroad Commission of Texas, 1701 N. Congress Avenue, 
Austin, Texas. 
(B) The soil survey shall include a description of soil mapping units and a 
representative soil profile as determined by the U.S. Natural Resources 
Conservation Service, including, but not limited to, soil-horizon depths, pH, 
and the range of soil densities for each prime farmland soil unit within the 
permit area unless other representative soil-profile descriptions from the 
locality, prepared according to the standards of the National Cooperative Soil 
Survey, are available and their use is approved by the principal officer in 
Texas of the U.S. Natural Resources Conservation Service, and by the Commission. 
The Commission may require the operator to provide information on other physical 
and chemical soil properties as needed to make a determination that the operator 
has the technological capability to restore the prime farmland within the permit 
area to the soil-reconstruction standards of sec.sec.12.620 through 12.622, 
12.624, and 12.625 of this title (relating to Special Permanent Program 
Performance Standards -- Operations on Prime Farmland); 
(2) a plan for soil reconstruction, replacement, and stabilization for the 
purpose of establishing the technological capability of the mine operator to 
comply with the requirements of sec.sec.12.620 through 12.622, 12.624, and 
12.625 of this title (relating to Special Permanent Program Performance 
Standards -- Operations on Prime Farmland); 
(3) scientific data, such as agricultural school studies, for areas with 
comparable soils, climate, and management (including water management) that 
demonstrate that the proposed method of reclamation, including the use of soil 
mixtures or substitutes, if any, will achieve, within a reasonable time, levels 
of yield equivalent to, or higher than, those of nonmined prime farmland in the 
surrounding area; 
(4) the productivity prior to mining, including the average yield of food, 
fiber, forage, or wood products obtained under a high level of management; and 
(5) in all cases, soil productivity for prime farmlands shall be returned to 
equivalent levels of yield as nonmined land of the same soil type in the 
surrounding area under equivalent management practices as determined from the 
soil survey performed pursuant to sec.12.201(b)(1) of this title (relating to 
Prime Farmland). 
(c) Consultation with Secretary of Agriculture. 
(1) The Secretary of Agriculture has assigned the responsibilities under this 
section to the chief of the U.S. Natural Resources Conservation Service. The 
federal official who is responsible to the chief of the U.S. Natural Resources 
Conservation Service for its program in Texas currently has the title of State 
Conservationist. The State Conservationist is the principal officer in Texas of 
the U.S. Natural Resources Conservation Service and is responsible for 
consultation and review of plans submitted under this section. 
(2) Before any permit is issued for areas that include prime farmland, the 
Commission shall consult with the principal officer in Texas of the U.S. Natural 
Resources Conservation Service. The principal officer in Texas of the U.S. 
Natural Resources Conservation Service shall provide for the review of, and 
comment on, the proposed method of soil reconstruction in the plan submitted 
under subsection (b) of this section. If the principal officer in Texas of the 
U.S. Natural Resources Conservation Service considers those methods to be 
inadequate, he or she shall suggest revisions to the Commission which result in 
more complete and adequate reconstruction. 
(d) Issuance of permit. A permit for the mining and reclamation of prime 
farmland may be granted by the Commission, if it first finds, in writing, upon 
the basis of a complete application, that: 
(1) the approved proposed postmining land use of these prime farmlands will be 
cropland; 
(2) the permit incorporates as specific conditions the contents of the plan 
submitted under subsection (b) of this section, after consideration of any 
revisions to that plan suggested by the principal officer in Texas of the U.S. 
Natural Resources Conservation Service under subsection (c) of this section; and 
(3) the applicant has the technological capability to restore the prime 
farmland, within a reasonable time, to equivalent or higher levels of yield as 
non-mined prime farmland in the surrounding area under equivalent levels of 
management; and 
(4) The proposed operations will be conducted in compliance with the 
requirements of sec.sec.12.620 through 12.622, 12.624, and 12.625 of this title 
(relating to Special Permanent Program Performance Standards -- Operations on 
Prime Farmland) and other environmental protection performance and reclamation 
standards for mining and reclamation of prime farmland of the regulatory 
program.

sec.12.202. Surface Coal Mining and Reclamation Operations on Areas or Adjacent 
to Areas Including Alluvial Valley Floors in The Arid or Semiarid Areas West of 
The 100th Meridian.
(a) Alluvial valley floor determination. 
(1) Before applying for a permit to conduct, or before conducting surface coal 
mining and reclamation operations within a valley holding a stream or in a 
location where the adjacent area includes any stream in the arid or semiarid 
regions of the United States, the applicant shall either affirmatively 
demonstrate, based on available data, the presence of an alluvial valley floor, 
or submit to the Commission the results of a field investigation of the proposed 
mine plan area and adjacent area. The field investigations shall include 
sufficiently detailed geologic, hydrologic, land-use, soils, and vegetation 
studies on areas required to be investigated by the Commission, after 
consultation with the applicant, to enable the Commission to make an evaluation 
regarding the existence of the probable alluvial valley floor in the proposed 
mine plan area or adjacent area and to determine which areas, if any, require 
more detailed study in order to allow the Commission to make a final 
determination regarding the existence of an alluvial valley floor. Studies 
performed during the investigation by the applicant or subsequent studies as 
required of the applicant by the Commission, shall include an appropriate 
combination, adapted to site-specific conditions, of: 
(A) mapping of unconsolidated stream-laid deposits holding streams including, 
but not limited to, geologic maps of unconsolidated deposits and stream-laid 
deposits, maps of stream delineation of surface watersheds and directions of 
shallow ground-water flows through and into the unconsolidated deposits, 
topography showing local and regional terrace levels, and topography of 
terraces, flood plains and channels showing surface drainage patterns;
(B) mapping of all lands included in the area in accordance with this paragraph 
and subject to agricultural activities, showing the area in which different 
types of agricultural lands, such as flood irrigated lands, pasture lands and 
undeveloped rangelands, exist, and accompanied by measurements of vegetation in 
terms of productivity and type; 
(C) mapping of all lands that are currently or were historically flood 
irrigated, showing the location of each diversion structure, ditch, dam and 
related reservoir, irrigated land, and topography of those lands;
(D) documentation that areas identified in this paragraph are, or are not, 
subirrigated, based on ground-water monitoring data, representative water-
quality soil-moisture measurements, and measurements of rooting depth, soil 
mottling, and water requirements of vegetation; 
(E) documentation, based on representative sampling, that areas identified under 
this paragraph are, or are not, flood irrigable, based on streamflow, water 
quality, water yield, soil measurements, and topographic characteristics; and 
(F) analysis of a series of aerial photographs, including color infrared imagery 
flown at a time of year to show any late summer and fall differences between 
upland and valley floor vegetative growth and of a scale adequate for 
reconnaissance identification of areas that may be alluvial valley floors. 
(2) Based on the investigations conducted under paragraph (1) of this 
subsection, the Commission shall make a determination of the extent of any 
alluvial valley floors within the study area and whether any stream in the study 
area may be excluded from further consideration as lying within an alluvial 
valley floor. The Commission shall determine that an alluvial valley floor 
exists if it finds that: 
(A) unconsolidated stream-laid deposits holding streams are present; and 
(B) there is sufficient water to support agricultural activities as evidenced 
by: 
(i) the existence of flood irrigation in the area in question or its historical 
use; 
(ii) the capability of an area to be flood irrigated, based on stream-flow water 
yield, soils, water quality, and topography; or 
(iii) subirrigation of the lands in question, derived from the ground-water 
system of the valley floor. 
(b) Application contents for operations affecting designated alluvial valley 
floors. 
(1) If land within the proposed permit area or adjacent area is identified as an 
alluvial valley floor and the proposed mining operation may affect an alluvial 
valley floor or waters that supply alluvial valley floors, the applicant shall 
submit a complete application for the proposed mining and reclamation 
operations, to be used by the Commission, together with other relevant 
information, including the information required by subsection (a) of this 
section, as a basis for approval or denial of the permit. The complete 
application shall include detailed surveys and baseline data required by the 
Commission for a determination of: 
(A) the characteristics of the alluvial valley floor which are necessary to 
preserve the essential hydrologic functions during and after mining; 
(B) the significance of the area to be affected to agricultural activities; 
(C) whether the operation will cause, or presents an unacceptable risk of 
causing, material damage to the quantity or quality of surface or ground waters 
that supply the alluvial valley floor; 
(D) the effectiveness of proposed reclamation with respect to requirements of 
the Act and this chapter (relating to Coal Mining Regulations); and 
(E) specific environmental monitoring required to measure compliance with 
sec.sec.12.610 through 12.613 of this title (relating to Alluvial Valley Floors: 
Monitoring) during and after mining and reclamation operations. 
(2) Information required under this subsection shall include, but not be limited 
to: 
(A) geologic data, including geologic structure, surficial geologic maps, and 
geologic cross-sections; 
(B) soils and vegetation data, including a detailed soil survey and chemical and 
physical analyses of soils, a vegetation map and narrative descriptions of 
quantitative and qualitative surveys, and land-use data, including an evaluation 
of crop yields; 
(C) surveys and data required under this subsection for areas designated as 
alluvial valley floors because of their flood irrigation characteristics shall 
also include, at a minimum, surface hydrologic data, including streamflow 
runoff, sediment yield, and water-quality analyses describing seasonal 
variations over at least 1 full year, field geomorphic surveys and other 
geomorphic studies; 
(D) surveys and data required under this subsection for areas designated as 
alluvial valley floors because of their subirrigation characteristics, shall 
also include, at a minimum, geohydrologic data including observation well 
establishment for purposes of water-level measurements, ground-water contour 
maps, testing to determine aquifer characteristics that affect waters supplying 
the alluvial valley floors, well and spring inventories, and water-quality 
analyses describing seasonal variations over at least 1 full year, and physical 
and chemical analysis of overburden to determine the effect of the proposed 
mining and reclamation operations on water quality and quantity; 
(E) plans showing how the operation will avoid, during mining and reclamation, 
interruption, discontinuance or preclusion of farming on the alluvial valley 
floors unless the premining land use has been undeveloped rangeland which is not 
significant to farming and will not materially damage the quantity or quality of 
water in surface- and ground-water systems that supply alluvial valley floors; 
(F) maps showing farms that could be affected by the mining and, if any farm 
includes an alluvial valley floor, statements of the type and quantity of 
agricultural activity performed on the alluvial valley floor and its 
relationship to the farm's total agricultural activity including an economic 
analysis ; and 
(G) such other data as the Commission may require. 
(3) The surveys required by this subsection should identify those geologic, 
hydrologic, and biologic characteristics of the alluvial valley floor necessary 
to support the essential hydrologic functions of an alluvial valley floor. 
Characteristics which support the essential hydrologic functions and which must 
be evaluated in a complete application include, but are not limited to: 
(A) characteristics supporting the function of collecting water which include, 
but are not limited to: 
(i) the amount and rate of runoff and a water balance analysis, with respect to 
rainfall, evapotranspiration, infiltration and ground-water recharge; 
(ii) the relief, slope, and density of the network of drainage channels; 
(iii) the infiltration, permeability, porosity and transmissivity of 
unconsolidated deposits of the valley floor that either constitute the aquifer 
associated with the stream or lie between the aquifer and the stream; and 
(iv) other factors that affect the interchange of water between surface streams 
and ground-water systems, including the depth to ground water, the direction of 
ground-water flow, the extent to which the stream and associated alluvial 
ground-water aquifers provide recharge to, or are recharged by, bedrock 
aquifers; 
(B) characteristics supporting the function of storing water which include, but 
are not limited to: 
(i) surface roughness, slope, and vegetation of the channel, floodplain, and low 
terraces that retard the flow of surface waters; 
(ii) porosity, permeability, water-holding capacity, saturated thickness and 
volume of aquifers associated with streams, including alluvial aquifers, perched 
aquifers, and other water-bearing zones found beneath valley floors; and 
(iii) moisture held in soils or the plant growth medium within the alluvial 
valley floor, and the physical and chemical properties of the subsoil that 
provide for sustained vegetation growth or cover during extended periods of low 
precipitation; 
(C) characteristics supporting the function of regulating the flow of water 
which include, but are not limited to: 
(i) the geometry and physical character of the valley, expressed in terms of the 
longitudinal profile and slope of the valley and the channel, the sinuosity of 
the channel, the cross-section, slopes and proportions of the channels, flood 
plains and low terraces, the nature and stability of the stream banks and the 
vegetation established in the channels and along the stream banks and flood 
plains; 
(ii) the nature of surface flows as shown by the frequency and duration of flows 
of representative magnitude including low flows and floods; and 
(iii) the nature of interchange of water between streams, their associated 
alluvial aquifers and any bedrock aquifers as shown by the rate and amount of 
water supplied by the stream to associated alluvial and bedrock aquifers (i.e., 
recharge) and by the rates and amounts of water supplied by aquifers to the 
stream (i.e., baseflow); and 
(D) characteristics which make water available and which include, but are not 
limited to, the presence of landforms, including floodplains and terraces, 
suitable for agricultural activities. 
(c) Requirements for approval. 
(1) No permit or permit revision application for surface coal mining and 
reclamation operations on lands located west of the one hundredth meridian west 
longitude, shall be approved by the Commission, unless the application 
demonstrates and the Commission finds in writing, on the basis of information 
set forth in the application that: 
(A) the proposed operation would not interrupt, discontinue, or preclude farming 
on an alluvial valley floor, unless the premining land use has been undeveloped 
range land which is not significant to farming on the alluvial valley floor, or 
unless the area of an affected alluvial valley floor is small and provides, or 
may provide, negligible support for production of one or more farms; provided, 
however, this subparagraph does not apply to those lands which were identified 
in a reclamation plan approved by the state prior to August 3, 1977, for any 
surface coal mining and reclamation operation that, in the year preceding August 
3, 1977: 
(i) produced coal in commercial quantities and was located within or adjacent to 
alluvial valley floors; or 
(ii) obtained specific permit approval by the Commission to conduct surface coal 
mining and reclamation operations within an alluvial valley floor; 
(B) the proposed operations would not materially damage the quantity and quality 
of water in surface and underground water systems that supply those alluvial 
valley floors or portions of alluvial valley floors which are: 
(i) included in subparagraph (A) of this paragraph; or 
(ii) outside the permit area of an existing or proposed surface coal mining 
operation; 
(C) the proposed operations would be conducted in accordance with sec.sec.12.610 
through 12.613 of this title (relating to Special Permanent Program Performance 
Standards -- Operations in Alluvial Valley Floors) and all other applicable 
requirements of the Act and this chapter (relating to Coal Mining Regulations); 
and 
(D) any change in the land use of the lands covered by the proposed mine-plan 
area from its premining use in or adjacent to alluvial valley floors will not 
interfere with or preclude the reestablishment of the essential hydrologic 
functions of the alluvial valley floor. 
(2) The significance of the impact of the proposed operations on farming will be 
based on the relative importance of the vegetation and water of the developed 
grazed or hayed alluvial valley floor area to the farm's production, or any more 
stringent criteria established by the Commission as suitable for site-specific 
protection of agricultural activities in alluvial valley floors. The effect of 
the proposed operations on farming will be concluded to be significant if they 
would remove from production, over the life of the mine, a proportion of the 
farm's production that would decrease the expected annual income from 
agricultural activities normally conducted at the farm. 
(3) Criteria for determining whether a surface coal mining operation will 
materially damage the quantity or quality of waters subject to subparagraphs (A) 
and (B) of this paragraph include, but are not limited to: 
(A) potential increases in the concentration of total dissolved solids of waters 
supplied to an alluvial valley floor, as measured by specific conductance in 
millimhos, to levels above the threshold value at which crop yields decrease, as 
specified in Maas and Hoffman, Crop Salt Tolerance--Current Assessment, Table 1, 
ASalt Tolerance of Agricultural Crops,&copy; unless the applicant demonstrates 
compliance with subparagraph (B) of this paragraph. 
(i) Salt tolerances for agricultural crops have been published by E.V. Maas and 
G.J. Hoffman, in a paper titled Crop Salt Tolerance--Current Assessment, 
contained in The Journal of The Irrigation and Drainage Division, American 
Society of Civil Engineers, pages 115 through 134, June, 1977. Table 1, giving 
threshold salinity values is presented on pages 122 through 125. 
(ii) The Maas and Hoffman publication is on file and available for inspection at 
the Surface Mining and Reclamation Division Office, Railroad Commission of 
Texas, 1701 N. Congress Avenue, Austin, Texas 78711; 
(B) potential increases in the concentration of total dissolved solids of waters 
supplied to an alluvial valley floor in excess of those specified by Maas and 
Hoffman shall not be allowed unless the applicant demonstrates, through testing 
related to the production of crops grown in the locality, that the proposed 
operations will not cause increases that will result in crop yield decreases; 
(C) for types of vegetation not listed in Maas and Hoffman as specified by the 
Commission, based upon consideration of observed correlation between total 
dissolved solids concentrations in water and crop yield declines, taking into 
account the accuracy of the correlations; 
(D) potential increases in the average depth to water-saturated zones (during 
the growing season) located within the root zone of the alluvial valley floor 
that would reduce the amount of subirrigation land compared to pre-mining 
conditions; 
(E) potential decrease in surface flows that would reduce the amount of 
irrigable land compared to pre-mining conditions; and 
(F) potential changes in the surface- or ground-water systems that reduce the 
area available to agriculture as a result of flooding or increased saturation of 
the root zone. 
(4) For the purposes of this subsection, a farm is one or more land units on 
which agricultural activities are conducted. A farm is generally considered to 
be the combination of land units with acreage and boundaries in existence prior 
to August 3, 1977, or, if established after August 3, 1977, with those 
boundaries based on enhancement of the farm's agricultural productivity and not 
related to surface coal mining operations.

sec.12.203. Augering.
(a) This section applies to any person who conducts or intends to conduct 
surface coal mining and reclamation operations utilizing augering methods. 
(b) Any application for a permit for operations covered by this section shall 
contain, in the mining and reclamation plan, a description of the augering 
methods to be used and the measures to be used to comply with sec.12.600 of this 
title (relating to Auger Mining: Additional Performance Standards). 
(c) No permit shall be issued for any operations covered by this section unless 
the Commission finds, in writing, that in addition to meeting all other 
applicable requirements of this subchapter (relating to Surface Coal Mining and 
Reclamation Operations Permits and Coal Exploration Procedures Systems), the 
operation will be conducted in compliance with sec.12.600 of this title 
(relating to Auger Mining: Additional Performance Standards).

sec.12.204. Coal Processing Plants or Support Facilities Not Located Within the 
Permit Area of a Specified Mine.
(a) This section applies to any person who conducts or intends to conduct 
surface coal mining and reclamation operations utilizing coal processing plants 
or support facilities not within a permit area of a specific mine. Any person 
who operates such a processing plant or support facility shall have obtained a 
permit from the Commission in accordance with the requirements of this section. 
(b) Any application for a permit for operations covered by this section shall 
contain, in the mining and reclamation plan, specific plans, including 
descriptions, maps and cross sections of the construction, operation, 
maintenance and removal of the processing plants and associated support 
facilities. The plan shall demonstrate that those operations will be conducted 
in compliance with sec.sec.12.650 and 12.651 of this title (relating to Special 
Permanent Program Performance Standards -- Coal Processing Plants and Support 
Facilities Not Located At or Near the Minesite Or Not Within the Permit Area For 
a Mine). 
(c) No permit shall be issued for any operation covered by this section, unless 
the Commission finds, in writing, that, in addition to meeting all other 
applicable requirements of this subchapter (relating to Surface Coal Mining and 
Reclamation Operations Permits and Coal Exploration Procedures Systems), the 
operations will be conducted in compliance with the requirements of 
sec.sec.12.650 and 12.651 of this title (relating to Special Permanent Program 
Performance Standards -- Coal Processing Plants and Support Facilities Not 
Located At or Near the Minesite Or Not Within the Permit Area For a Mine).

sec.12.205. In Situ Processing Activities..
(a) This section applies to any person who conducts or intends to conduct 
surface coal mining and reclamation operations utilizing in situ processing 
activities. 
(b) Any application for a permit for operations covered by this section shall be 
made according to all requirements of this subchapter applicable to underground 
mining activities. In addition, the mining and reclamation operations plan for 
operations involving in situ processing activities shall contain information 
establishing how those operations will be conducted in compliance with the 
requirements of sec.sec.12.660 and 12.661 of this title (relating to Special 
Permanent Program Performance Standards -- In Situ Processing), including: 
(1) delineation of proposed holes and wells and production zone for approval of 
the Commission; 
(2) specifications of drill holes and casings proposed to be used; 
(3) a plan for treatment, confinement or disposal of all acid-forming, toxic-
forming or radioactive gases, solids, or liquids constituting a fire, health, 
safety or environmental hazard caused by the mining and recovery process; and 
(4) plans for monitoring surface and ground water and air quality, as required 
by the Commission. 
(c) No permit shall be issued for operations covered by this section, unless the 
Commission first finds, in writing, upon the basis of a complete application 
made in accordance with subsection (b) of this section, that the operation will 
be conducted in compliance with all requirements of this subchapter (relating to 
Surface Coal Mining and Reclamation Operations Permits and Coal Exploration 
Procedures Systems) relating to underground mining activities, and 
sec.sec.12.500 through 12.572 of this title (relating to Permanent Program 
Performance Standards -- Underground Mining Activities), and to sec.sec.12.660 
and 12.661 of this title (relating to Special Permanent Program Performance 
Standards -- In Situ Processing). 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618466
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Review, Public Participation, and Approval of Permit Applications and Permit 
Terms and Conditions
16 TAC sec.sec.12.207-12.221
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.207 - 12.221, Texas Natural Resources Code, Chapter 134.

sec.12.207. Public Notices of Filing of Permit Applications. 
(a) An applicant for a permit shall place an advertisement in a local newspaper 
of general circulation in the locality of the proposed surface coal mining and 
reclamation operations at least once a week for four consecutive weeks. The 
applicant shall place the advertisement in the newspaper at the same time the 
complete permit application is filed with the Commission. The advertisement 
shall contain, at a minimum, the following information:
(1) the name and business address of the applicant; 
(2) a map or description which shall: 
(A) clearly show or describe towns, rivers, streams, or other bodies of water, 
local landmarks, and any other information, including routes, streets, or roads 
and accurate distance measurements, necessary to allow local residents to 
readily identify the proposed permit area; 
(B) clearly show or describe the exact location and boundaries of the proposed 
permit area; 
(C) state the name of the U.S. Geological Survey 7.5-minute quadrangle map(s) 
which contains the area shown or described; and 
(D) if a map is used, indicate the north point; 
(3) the location where a copy of the application is available for public 
inspection under subsection (c) of this section;
(4) the name and address of the Commission to which written comments, 
objections, or requests for a public hearing or informal conference on the 
application may be submitted under sec.sec.12.208 through 12.210 of this title 
(relating to Opportunity for Submission of Written Comments on Permit 
Applications, to Right to File Written Objections, and to Public Availability of 
Information in Permit Applications on File With the Commission); and 
(5) if an applicant seeks a permit to mine within 100 feet of the outside right-
of-way of a public road or to relocate a public road, a concise statement 
describing the public road, the particular part to be relocated, where the 
relocation is to occur, and the duration of the relocation. 
(b) Upon receipt of a complete application for a permit, the Commission shall 
issue written notification of: 
(1) the applicant's intention to surface mine a particularly described tract of 
land; 
(2) the application number; 
(3) where a copy of the application may be inspected; and 
(4) where comments on the application may be submitted under sec.12.208 of this 
title (relating to Opportunity for Submission of Written Comments on Permit 
Applications). 
(c) The written notifications shall be sent to: 
(1) the following state and federal agencies: 
(A) Texas Natural Resource Conservation Commission; 
(B) Texas Department of Health; 
(C) Texas Historical Commission; 
(D) University of Texas Bureau of Economic Geology; 
(E) Texas State Soil and Water Conservation Board; 
(F) Texas Parks and Wildlife Department; 
(G) Texas General Land Office; 
(H) U.S. Natural Resources Conservation Service; 
(I) U.S. Fish and Wildlife Service; and 
(J) Office of Surface Mining--Regional Office; 
(2) federal, state and local government agencies with jurisdiction over or an 
interest in the area of the proposed operations, including, but not limited to, 
general governmental entities and fish and wildlife and historic preservation 
agencies; 
(3) governmental planning agencies with jurisdiction to act with regard to land 
use, air, or water quality planning in the area of the proposed operations; 
(4) sewage and water treatment authorities and water companies, either providing 
sewage or water services to users in the area of the proposed operations or 
having water sources or collection, treatment, or distribution facilities 
located in these areas; and 
(5) the federal or state governmental agencies with authority to issue all other 
permits and licenses needed by the applicant in connection with operations 
proposed in the application. 
(d) The applicant shall: 
(1) make a full copy of his or her complete application for a permit available 
for the public to inspect and copy. This shall be done by filing a copy of the 
application submitted to the Commission with the County Clerk at the courthouse 
of the county where the mining is proposed to occur, or if approved by the 
Commission, at another equivalent public office; and 
(2) file the copy of the complete application under paragraph (1) of this 
subsection by the first date of newspaper advertisement of the application. The 
applicant shall file any subsequent revision of the application with the County 
Clerk or other approved public office at the same time the revision is submitted 
to the Commission. 

sec.12.208. Opportunity for Submission of Written Comments on Permit 
Applications.
(a) Written comments on permit applications may be submitted to the Commission 
by the public entities to whom notification is provided under sec.sec.12.207(b) 
and (c) of this title (relating to Public Notices of Filing of Permit 
Applications) with respect to the effects of the proposed mining operations on 
the environment within their area of responsibility.
(b) These comments shall be submitted to the Commission within 30 days after the 
last publication of the newspaper notice. 
(c) The Commission shall immediately transmit a copy of all such comments for 
filing and public inspection at the public office where the applicant filed a 
copy of the application for permit under sec.12.207(d)of this title (relating to 
Public Notices of Filing of Permit Applications). A copy shall also be 
transmitted to the applicant. 

sec.12.209. Right to File Written Objections.
(a) Any person whose interests are or may be adversely affected or an officer or 
head of any federal, state, or local government agency or authority shall have 
the right to file written objections to an initial or revised application for a 
permit with the Commission, within 30 days after the last publication of the 
newspaper notice required by sec.12.207(a) of this title (relating to Public 
Notices of Filing of Permit Applications).
(b) The Commission shall, immediately upon receipt of any written objections: 
(1) transmit a copy of them to the applicant; and 
(2) file a copy for public inspection at the public office where the applicant 
filed a copy of the application for permit under sec.12.207(d) of this title. 

sec.12.210. Public Availability of Information in Permit Applications on File 
with the Commission.
(a) Information contained in permit applications on file with the Commission 
shall be open, upon written request, for public inspection and copying at 
reasonable times. 
(1) Information pertaining to coal seams, test borings, core samplings, or soil 
samples in permit applications shall be made available for inspection and 
copying to any person with an interest which is or may be adversely affected. 
(2) Information in permit applications which pertains only to the analysis of 
the chemical and physical properties of the coal to be mined (excepting 
information regarding mineral or elemental contents of such coal which are 
potentially toxic in the environment) shall be kept confidential and not made a 
matter of public record. 
(b) The Commission shall maintain information required to be kept confidential 
under subsection (a) of this section separately from other portions of the 
permit application. This information shall be clearly identified by the 
applicant and submitted separately from other portions of the application.
(c) The Commission shall provide reasonable notice and an opportunity to be 
heard for persons seeking or opposing disclosure of information under this 
section. 

sec.12.211. Public Hearing on Application.
(a) Within 45 days after the last publication of the required newspaper notice, 
the applicant or any person with an interest which is or may be adversely 
affected may request a hearing on the application. During this time, the 
Commission may, on its own motion, call a hearing. 
(b) Where a hearing is requested pursuant to subsection (a) of this section, it 
shall be held, within 30 days after the request is received or the determination 
made, in the locality of the proposed surface mining and reclamation operations 
unless otherwise agreed to by all persons expressing an interest. 
(c) Any person having a valid legal interest or an interest which is or may be 
adversely affected by any Commission action taken or proposed on any application 
or existing permit, may request informal consideration or disposition of the 
matter in accordance with sec.sec.2001.051, 2001.052, 2001.056 through 2001.060, 
and 2001.141 of the APA (relating to Opportunity for Hearing and Participation: 
Notice of Hearing, to Contents of Notice, to Informal Disposition of Contested 
Case, to Continuances, to Hearing Conducted by State Office of Administrative 
Hearings, to Transcript, to Record, and to Form of Decision: Findings of Fact 
and Conclusions of Law). 

sec.12.212. Notice of Public Hearing on Application. 
(a) The Commission shall publish notice of the public hearing in a local 
newspaper of general circulation in the locality of the proposed surface coal 
mining and reclamation operations at least once a week for three consecutive 
weeks prior to the scheduled hearing date. 
(b) The notice shall contain the following information: 
(1) the name and address of the applicant; 
(2) the date, time and nature of the hearing; 
(3) a statement of the legal authority and jurisdiction under which the hearing 
is to be held; and 
(4) a short and plain statement of the matters asserted.
(c) The Commission shall mail the same notice to the applicant and to all 
persons who have expressed by written notification to the Commission an interest 
in the pending permit application. 
(d) In case the Commission determines that a material error is made in the 
notice of a public hearing, or that a material change is made in an application 
after notice has been issued, the Commission shall cause revised notice to be 
issued. If the material change or error affecting the content of the notice does 
not come to the attention of the Commission in sufficient time to make the 
correction in each of the newspaper publications, the Commission shall 
reschedule the hearing and/or appropriately readjust the time limitation 
schedules provided in this section. If the change or error requiring the revised 
notice is that of an applicant for a permit of an amendment, the expense thereof 
shall be borne by that person; and, if the change or error is made by the 
agency, the agency will bear the expense.

sec.12.213. Continuance.
The hearings examiner conducting the hearing may continue the hearing without 
the necessity of publishing, serving, mailing or otherwise issuing a new notice, 
by simply making an announcement at the hearing prior to recessing or 
reconvention, of the date, time and place for the hearing to reconvene. If a 
hearing is continued and a time and place for the hearing is not publicly 
announced at the hearing by the hearings examiner before it is recessed, a 
notice of any further setting of the hearing shall be mailed to those parties in 
attendance at the hearing and to all other parties whom the Commission has 
reason to believe should be notified at least ten days prior to the date of the 
hearing. 

sec.12.214. Transcript.
A verbatim transcript and complete record of the proceedings of each public 
hearing shall be retained by the Commission. On request, the Commission shall 
transcribe all or part of any such proceedings and shall furnish a verbatim 
transcript within a reasonable time to the requesting party; provided that the 
Commission may charge a fee based on the estimated cost of the service of 
transcribing and printing the requested material. 

sec.12.215. Review of Permit Applications.
(a) The Commission shall: 
(1) review the complete application and written comments, written objections 
submitted, and the record of any public hearing held under sec.sec.12.208 
through 12.214 of this title (relating to Opportunity for Submission of Written 
Comments on Permit Applications, to Right to File Written Objections, to Public 
Availability of Information in Permit Applications on File With the Commission, 
to Public Hearing on Application, to Notice of Public Hearing on Application, to 
Continuance, and to Transcript); and 
(2) determine the adequacy of the fish and wildlife plan submitted pursuant to 
sec.sec.12.144 or 12.195 of this title (relating to Fish and Wildlife Plan), in 
consultation with state and federal fish and wildlife management and 
conservation agencies having responsibilities for the management and protection 
of fish and wildlife or their habitats which may be affected or impacted by the 
proposed surface coal mining and reclamation operations. 
(b) Within the time frame provided by the APA if the public hearing provided for 
occurs, or within 45 days of the last publication of notice of application if no 
public hearing is held, the Commission shall notify the applicant and any 
objectors whether the application has been approved or denied. 
(c) All provisions of the APA apply to each permit application and notices, 
other than specifically provided for above, of hearings and appeals are governed 
thereby. 
(d) If the Commission decides to approve the application, it shall require that 
the applicant file the performance bond or provide other equivalent guarantee 
before the permit is issued, in accordance with the provisions of Subchapter J 
of this chapter (relating to Bond and Insurance Requirements for Surface Coal 
Mining and Reclamation Operations). 
(e) The following criteria shall apply with regard to denial or conditional 
issuance of an application for permit: 
(1) if the Commission determines from either the schedule submitted as part of 
an application submitted after the adoption of these rules under sec.12.116(13) 
of this title (relating to Identification of Interests and Compliance 
Information), or under sec.12.156(3) of this title (relating to Compliance 
Information), or from other available information concerning federal and state 
failure-to-abate cessation orders, unabated federal and state imminent harm 
cessation orders, delinquent civil penalties issued pursuant to the Act or 
Federal Act or federally-approved coal regulatory program, bond forfeitures 
where violations upon which the forfeitures were based have not been corrected, 
delinquent abandoned mine reclamation fees, and unabated violations of federal 
and any state laws, rules, and regulations pertaining to air or water 
environmental protection incurred in connection with any surface coal mining 
operation, the Commission shall deny the permit if any surface coal mining and 
reclamation operation owned or controlled by either the applicant or by any 
person who owns or controls the applicant is currently in violation of the Act 
or any other law, rule or regulation referred to in this subsection. In the 
absence of a failure-to-abate cessation order, the Commission may presume that a 
notice of violation issued pursuant to sec.12.678 of this title (relating to 
Notices of Violation) or under a federal or state program has been or is being 
corrected to the satisfaction of the agency with jurisdiction over the 
violation, except where evidence to the contrary is set forth in the permit 
application, or where the notice of violation is issued for nonpayment of 
abandoned mine reclamation fees or civil penalties. If a current violation 
exists, the Commission shall require the applicant or person who owns or 
controls the applicant, before the issuance of the permit, to either: 
(A) submit to the Commission proof that the current violation has been or is in 
the process of being corrected to the satisfaction of the agency that has 
jurisdiction over the violation; or 
(B) establish for the Commission that the applicant, or any person owned or 
controlled by either the applicant or any person who owns or controls the 
applicant, has filed and is presently pursuing, in good faith, a direct 
administrative or judicial appeal to contest the validity of the current 
violation. If the initial judicial review affirms the violation, the applicant 
shall within 30 days of the judicial action submit the proof required under 
subparagraph (A) of this paragraph; and 
(2) any permit that is issued on the basis of proof submitted under paragraph 
(1)(A) of this subsection that a violation is in the process of being corrected, 
or pending the outcome of an appeal described in paragraph (1)(B) of this 
subsection, shall be conditionally issued. 
(f) Before any final determination by the Commission that the applicant, anyone 
who owns or controls the applicant, or the operator specified in the 
application, controls or has controlled mining operations with a demonstrated 
pattern of willful violations of the Act of such nature, duration, and with such 
resulting irreparable damage to the environment that indicates an intent not to 
comply with the provisions of the Act, no permit shall be issued before a 
hearing and a final determination that no pattern of willful violations exists. 
The applicant or operator shall be afforded an opportunity for an adjudicatory 
hearing on the determination as provided for in the regulatory program. Such 
hearing shall be conducted pursuant to sec.12.222 of this title (relating to 
Administrative Review). 
(g) After an application is approved, but before the permit is issued, the 
Commission shall review and consider any new compliance information submitted 
pursuant to sec.12.116(9) and (14) of this title (relating to Identification of 
Interests and Compliance Information) under the criteria of subsection (e)(1) of 
this section. If the applicant fails or refuses to respond as required by the 
Commission to provide new compliance information, or the new compliance 
information shows that the applicant, anyone who owns or controls the applicant, 
or the operator is in violation, the Commission shall deny the permit. 
sec.12.216 Criteria for Permit Approval or Denial. No permit or revision 
application shall be approved, unless the application affirmatively demonstrates 
and the Commission finds, in writing, on the basis of information set forth in 
the application or from information otherwise available, which is documented in 
the approval and made available to the applicant, that: 
(1) the permit application is accurate and complete and that all requirements of 
the Act and this chapter (relating to Coal Mining Regulations) have been 
complied with; 
(2) the applicant has demonstrated that surface coal mining and reclamation 
operations, as required by the Act and this chapter (relating to Coal Mining 
Regulations), can be feasibly accomplished under the mining and reclamation 
operations plan contained in the application; 
(3) the assessment of the probable cumulative impacts of all anticipated coal 
mining in the general area on the hydrologic balance has been made by the 
Commission, and the operations proposed under the application have been designed 
to prevent damage to the hydrologic balance outside the proposed mine plan area; 
(4) the proposed permit area is: 
(A) not included within an area designated unsuitable for surface coal mining 
operations under sec.sec.12.78 through 12.85 of this title (relating to Process 
for Designating Areas as Unsuitable for Surface Coal Mining Operations); or 
(B) not within an area under study for designation as unsuitable for surface 
coal mining operations in an administrative proceeding begun under sec.sec.12.78 
through 12.85 of this title (relating to Process for Designating Areas as 
Unsuitable for Surface Coal Mining Operations), unless the applicant 
demonstrates that, before January 4, 1977, he or she made substantial legal and 
financial commitments in relation to the operation for which he or she is 
applying for a permit; or 
(C) not on any lands subject to the prohibitions or limitations of sec.12.71(1), 
(6), or (7) of this title (relating to Areas Where Mining is Prohibited or 
Limited); or 
(D) not within 100 feet of the outside right-of-way line of any public road, 
except as provided for in sec.12.72(e) of this title (relating to Procedures); 
or 
(E) not within 300 feet from any occupied dwelling, except as provided for in 
sec.12.71(3) of this title (relating to Areas Where Mining is Prohibited or 
Limited) and sec.12.72(d) of this title (relating to Procedures); 
(5) the proposed operations will not adversely affect any publicly-owned parks 
or places included in or eligible for listing on the National Register of 
Historic Places, except as provided for in sec.12.71(3) of this title (relating 
to Areas Where Mining is Prohibited of Limited). This finding may be supported 
in part by inclusion of appropriate permit conditions, revisions in the 
operation plan, or a documented decision by the appropriate authorities that no 
additional protection measures are required under the National Historic 
Preservation Act; 
(6) for operations involving the surface mining of coal where the private 
mineral estate to be mined has been severed from the private surface estate, the 
applicant has submitted to the Commission the documentation required under 
sec.sec.12.117(b) or 12.157(b) of this title (relating to Right of Entry and 
Operation Information); 
(7) the applicant has either: 
(A) submitted the proof required by sec.12.215(e)(1) of this title (relating to 
Review of Permit Applications); or 
(B) made the demonstration required by sec.12.215(e)(2) of this title (relating 
to Review of Permit Applications); 
(8) the applicant has submitted proof that all reclamation fees required by 
Subchapter R of this chapter (relating to Texas Abandoned Mine Reclamation 
Program) have been paid; 
(9) the applicant or the operator, if other than the applicant, does not control 
and has not controlled mining operations with a demonstrated pattern of willful 
violations of the Act of such nature, duration, and with such resulting 
irreparable damage to the environment as to indicate an intent not to comply 
with the provisions of the Act; 
(10) surface coal mining and reclamation operations to be performed under the 
permit will not be inconsistent with other such operations anticipated to be 
performed in areas adjacent to the proposed permit area;
(11) the applicant will submit the performance bond or other equivalent 
guarantee required under Subchapter J of this chapter (relating to Bond and 
Insurance Requirements for Surface Coal Mining and Reclamation Operations), 
prior to the issuance of the permit; 
(12) the applicant has, with respect to both prime farmland and alluvial valley 
floors obtained either a negative determination or satisfied the requirements of 
sec.sec.12.201 and 12.202 of this title (relating to Prime Farmland, and to 
Surface Coal Mining and Reclamation Operations On Areas or Adjacent to Areas 
Including Alluvial Valley Floors In The Arid or Semiarid Areas West of The 100th 
Meridian); 
(13) the proposed postmining land use of the permit area has been approved by 
the Commission in accordance with the requirements of sec.sec.12.399 or 12.568 
of this title (relating to Postmining Land Use);
(14) the Commission has made all specific approvals required under Subchapter K 
of this chapter (relating to Permanent Program Performance Standards); 
(15) the Commission has found that the activities would not affect the continued 
existence of endangered or threatened species or result in the destruction or 
adverse modification of their critical habitats as determined under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and 
(16) the applicant has, where applicable, satisfied the requirements for 
approval of a long-term, intensive agricultural postmining land use, in 
accordance with the requirements of sec.sec.12.390 or 12.555 of this title 
(relating to Revegetation: General Requirements).

sec.12.217. Criteria for Permit Approval or Denial: Existing Structures.
(a) No application for a permit or revision which proposes to use an existing 
structure in connection with or to facilitate the proposed surface coal mining 
and reclamation operation shall be approved, unless the applicant demonstrates 
and the Commission finds, in writing, on the basis of information set forth in 
the complete application that: 
(1) if the applicant proposes to use an existing structure in accordance with 
exemption provided in sec.12.9(c)(1)(A) of this title (relating to 
Applicability): 
(A) the structure meets the performance standards of the Act and Subchapter K of 
this chapter (relating to Permanent Program Performance Standards); and 
(B) no significant harm to the environment or public health or safety will 
result from use of the structure; 
(2) if the applicant proposes to use an existing structure in accordance with 
the exemption provided in sec.12.9(c)(1)(B) of this title (relating to 
Applicability): 
(A) the structure meets the performance standards of the Act and the initial 
regulatory program; 
(B) no significant harm to the environment or public health or safety will 
result from use of the structure; and 
(C) the performance standards of the initial regulatory program are at least as 
stringent as the performance standards of Subchapter K of this chapter (relating 
to Permanent Program Performance Standards); and 
(3) if the Commission finds that the structure meets the criteria of 
sec.12.9(c)(1)(B) of this title (relating to Applicability), the Commission 
shall require the applicant to submit a compliance plan for modification or 
reconstruction of the structure and shall find prior to the issuance of the 
permit that: 
(A) the modification or reconstruction of the structure will bring the structure 
into compliance with the design and performance standards of Subchapter K of 
this chapter (relating to Permanent Program Performance Standards) as soon as 
possible, but not later than six months after issuance of the permit; 
(B) the risk of harm to the environment or to public health or safety is not 
significant during the period of modification or reconstruction; and 
(C) the applicant will monitor the structure to determine compliance with the 
performance standards of Subchapter K of this chapter (relating to Permanent 
Program Performance Standards). 
(b) Should the Commission find that the existing structure cannot be 
reconstructed without causing significant harm to the environment or public 
health or safety, the applicant will be required to abandon the existing 
structure. The structure shall not be used for or to facilitate surface coal 
mining operations after the effective date of issuance of the permanent 
regulatory program permit. Abandonment of the structure shall proceed on a 
schedule approved by the Commission, in compliance with sec.sec.12.398 or 12.567 
of this title (relating to Cessation of Operations: Permanent).

sec.12.218. Permit Approval or Denial Actions.
(a) The Commission shall approve, require modification of, or deny all 
applications for permits under regulatory programs on the basis of: 
(1) complete applications for permits and revisions or renewals thereof; 
(2) public participation as provided for in this subchapter (relating to Surface 
Coal Mining and Reclamation Operations Permits and Coal Exploration Procedures 
Systems); 
(3) Compliance with any applicable provisions of sec.sec.12.200 through 12.205 
of this title (relating to Requirements for Permits for Special Categories of 
Mining); and 
(4) Processing and review of applications as required by sec.sec.12.206 through 
12.221 of this title (relating to Review, Public Participation, and Approval of 
Permit Applications and Permit Terms and Conditions).
(b) The Commission shall take action as required under subsection (a) of this 
section, within the following times: 
(1) Initiation of regulatory program. Except as provided for in sec.12.104 of 
this title (relating to Continued Operation Under Interim Permits), a complete 
application submitted to the Commission within the time required by 
sec.12.106(a)(1) of this title (relating to Permit Application Filing Deadlines) 
shall be processed by the Commission so that an application is approved or 
denied within eight months after the date of approval of the state program, 
unless Texas or the Commission is specifically enjoined from submitting a state 
program, or the Commission is specifically enjoined from implementing a 
regulatory program, but in no case later than February 3, 1981; and 
(2) Subsequent operation of regulatory program. Except as provided for in this 
section, all complete applications shall be approved according to the time 
frames in sec.12.215 of this title (relating to Review of Permit Applications). 
(c) If a public hearing is held under sec.12.211 of this title (relating to 
Public Hearing on Application), the Commission shall give its written findings 
to the permit applicant and to each person who is a party to the hearing, 
approving, modifying or denying the application in whole or in part, and stating 
the specific reasons therefor in the decision. 
(d) If no such public hearing has been held, the Commission shall give its 
written findings to the permit applicant, approving, modifying or denying the 
application in whole or in part, and stating the specific reasons in the 
decision. 
(e) Simultaneously, the Commission shall: 
(1) give a copy of its decision to: 
(A) each person and government official who filed a written objection or comment 
with respect to the application; and 
(B) the Regional Director together with a copy of any permit issued; and 
(2) publish a summary of its decision in a newspaper or similar periodical of 
general circulation in the general area of the proposed operation. 
(f) Within 10 days after the granting of a permit, including the filing of the 
performance bond or other equivalent guarantee which complies with Subchapter J 
of this chapter (relating to Bond and Insurance Requirements for Surface Coal 
Mining and Reclamation Operations), the Commission shall notify the local 
government officials in the local political subdivision of which the area of 
land to be affected is located, that a permit has been issued and shall describe 
the location of the lands within the permit area.

sec.12.219. Permit Terms.
(a) Each permit shall be issued for a fixed term not to exceed 5 years. A longer 
fixed permit term may be granted, if: 
(1) the application is full and complete for the specified longer term; and 
(2) the applicant shows that a specified longer term is reasonably needed to 
allow the applicant to obtain necessary financing of equipment and the opening 
of the operation, and this need is confirmed, in writing, by the applicant's 
proposed source for the financing. An applicant who obtains the necessary 
financing through internally generated funds must confirm the showing with a 
written statement demonstrating the internal funding.
(b) Automatic termination shall occur as follows: 
(1) a permit shall terminate, if the permittee has not begun the surface coal 
mining and reclamation operation covered by the permit within 3 years of the 
issuance of the permit; 
(2) the Commission may grant reasonable extensions of time for commencement of 
these operations, upon receipt of a written statement showing that such 
extensions of time are necessary, if: 
(A) litigation precludes the commencement or threatens substantial economic loss 
to the permittee; or 
(B) there are conditions beyond the control and without the fault or negligence 
of the permittee; 
(3) with respect to coal to be mined for use in a synthetic fuel facility or 
specified major electric generating facility, the permittee shall be deemed to 
have commenced surface mining operations at the time that the construction of 
the synthetic fuel or generating facility is initiated; and 
(4) extensions of time granted by the Commission under this subsection shall be 
specifically set forth in the permit and notice of the extension shall be made 
to the public. 
(c) Permits may be suspended, revoked, or modified by the Commission, in 
accordance with sec.sec.12.200 and 12.225 of this subchapter (relating to 
Experimental Practices Mining, and to Commission Review of Outstanding Permits), 
and Subchapter L of this chapter (relating to Permanent Program Inspection and 
Enforcement Procedures). 

sec.12.220. Conditions of Permits: General and Right of Entry.
(a) Except to the extent that the Commission otherwise directs in the permit 
that specific actions be taken, the permittee shall conduct all surface coal 
mining and reclamation operations as described in the complete application. 
(b) The permittee shall allow the authorized representatives of the Secretary, 
including, but not limited to, inspectors and fee compliance officers, and the 
representatives of the Commission, without advance notice or a search warrant, 
upon presentation of appropriate credentials, and without delay, to: 
(1) have the rights of entry provided for in sec.12.671 of this title (relating 
to Right of Entry); and 
(2) be accompanied by private persons for the purpose of conducting an 
inspection in accordance with sec.sec.12.670 through 12.675 of this title 
(relating to Commission Inspection and Enforcement), when the inspection is in 
response to an alleged violation reported to the Commission by the private 
person. 
(c) The permittee shall conduct surface coal mining and reclamation operations 
only on those lands specifically designated on the maps submitted under 
sec.sec.12.124 through 12.138 and 12.139 through 12.154 of this title (relating 
to Surface Mining Permit Applications -- Minimum Requirements for Information on 
Environmental Resources, and to Surface Mining Permit Applications -- Minimum 
Requirements for Reclamation and Operation Plan), or to sec.sec.12.170 through 
12.184 and 12.185 through 12.199 of this title (relating to Underground Mining 
Permit Applications -- Minimum Requirements for Information on Environmental 
Resources, and to Underground Mining Permit Applications -- Minimum Requirements 
for Reclamation and Operation Plan), and approved for the term of the permit, 
and which are subject to the performance bond or other equivalent guarantee in 
effect pursuant to Subchapter J of this chapter (relating to Bond and Insurance 
Requirements for Surface Coal Mining and Reclamation Operations). 
(d) The permittee shall pay all reclamation fees required by Subchapter R of 
this chapter (relating to Texas Abandoned Mine Land Reclamation Program) for 
coal produced under the permit for sale, transfer or use.

sec.12.221. Conditions of Permits: Environment, Public Health, and Safety.
(a) The permittee shall take all possible steps to minimize any adverse impact 
to the environment or public health and safety resulting from noncompliance with 
any term or condition of the permit; including, but not limited to: 
(1) any accelerated or additional monitoring necessary to determine the nature 
and extent of noncompliance and the results of the noncompliance;
(2) immediate implementation of measures necessary to comply; and 
(3) warning, as soon as possible after learning of such noncompliance, any 
person whose health and safety is in imminent danger due to the noncompliance. 
(b) The permittee shall dispose of solids, sludge, filter backwash, or 
pollutants removed in the course of treatment or control of waters or emissions 
to the air in the manner required by Subchapter K of this chapter (relating to 
Permanent Program Performance Standards), and which prevents violation of any 
other applicable state or federal law. 
(c) The permittee shall conduct its operations: 
(1) in accordance with any measures specified in the permit as necessary to 
prevent significant, imminent environmental harm to the health or safety of the 
public; and 
(2) utilizing any methods specified in the permit by the Commission in approving 
alternative methods of compliance with the performance standards of the Act and 
these regulations, in accordance with the provisions of the Act, of 
sec.12.216(13) of this title (relating to Criteria for Permit Approval or 
Denial) and Subchapter K of this chapter (relating to Permanent Program 
Performance Standards). 
(d) Within 30 days after a cessation order is issued under sec.sec.12.677 
through 12.684 of this title (relating to Enforcement) for operations conducted 
under the permit, except where a stay of the cessation order is granted and 
remains in effect the permittee shall either submit to the Commission the 
following information, current to the date the cessation order was issued, or 
notify the Commission in writing that there has been no change since the 
immediately preceding submittal of such information:
(1) any new information needed to correct or update the information previously 
submitted to the Commission by the permittee under sec.12.116(2) of this title 
(relating to Identification of Interests and Compliance Information); or 
(2) If not previously submitted, the information required from a permit 
applicant by sec.12.116(2) of this title (relating to Identification of 
Interests and Compliance Information).
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618467
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Administrative and Judicial Review of Decisions by the Commission on Permit 
Applications
16 TAC sec.12.222, sec.12.223
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.222, 12.223, Texas Natural Resources Code, Chapter 134. 

sec.12.222. Administrative Review.
Within 30 days after the applicant or permittee is notified of the final 
decision of the Commission concerning the application for a permit, revision or 
renewal thereof, permit, application for transfer, sale, or assignment of 
rights, or concerning an application for coal exploration under sec.12.113 of 
this title (relating to Applications: Notice and Hearing for Exploration of More 
Than 250 Tons), the applicant, permittee, or any person with an interest which 
is or may be adversely affected may request a hearing on the reasons for the 
final decision in accordance with this section. 
(1) The Commission shall commence the hearing within 30 days of such request. 
This hearing shall be of record, adjudicatory in nature, and the examiner from 
any previous hearing on this matter shall not preside at the hearing, or 
participate in the decision following the hearing, or in any administrative 
appeal therefrom. 
(2) The Commission may, under such conditions as it may prescribe, grant such 
temporary relief as it deems appropriate, pending final determination of the 
proceeding, if: 
(A) all parties to the proceeding have been notified and given an opportunity to 
be heard on a request for temporary relief; 
(B) the person requesting that relief shows that there is a substantial 
likelihood that he or she will prevail on the merits of the final determination 
of the proceeding; 
(C) the relief is not to affect adversely the public health or safety, or cause 
significant, imminent environmental harm to land, air, or water resources; and 
(D) the relief sought is not the issuance of a permit where a permit has been 
denied, in whole or in part, by the Commission. 
(3) With regard to public hearings, the following shall apply: 
(A) for the purpose of such hearing, the hearing examiner may administer oaths 
and affirmations, subpoena witnesses, written, or printed materials, compel 
attendance of witnesses or production of those materials, compel discovery, and 
take evidence, including, but not limited to, site inspections of the land to be 
affected and other surface coal mining and reclamation operations carried on by 
the applicant in the general vicinity of the proposed operations; 
(B) a verbatim record of each public hearing required by this section shall be 
made, and a transcript made available on the motion of any party or by order of 
the hearing examiner; and 
(C) ex parte contacts between representatives of the parties before the hearing 
examiner and the hearing examiner shall be prohibited.
(4) Within 30 days after the close of the record, the hearing examiner shall 
issue and furnish the applicant, and each person who participated in the 
hearing, with the written findings of fact, conclusions of law, and order of the 
Commission with respect to the appeal. 
(5) The burden of proof at such hearings shall be on the party seeking to 
reverse the decision of the Commission.

sec.12.223. Judicial Review.
(a) Right to appeal. Any applicant or any person with an interest which is or 
may be adversely affected and who has participated in the administrative 
proceedings as an objector shall have the right to appeal as provided in 
subsection (b) of this section, if: 
(1) the applicant or person is aggrieved by the decision of the Commission in an 
administrative review proceeding conducted pursuant to sec.12.222 of this title 
(relating to Administrative Review); or 
(2) the Commission fails to act within time limits specified in the Act or this 
subchapter (relating to Surface Coal Mining and Reclamation Operations Permits 
and Coal Exploration Procedures Systems). 
(b) State programs. 
(1) Action of the Commission shall be subject to judicial review as provided for 
in the APA, but the availability of such review shall not be construed to limit 
the operation of the rights established in sec.sec.134.182 through 134.187 of 
the Act. 
(2) Trial in the District Court shall be on the Administrative Record. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618468
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Permit Reviews, Revisions, and Renewals, and Transfers, Sale, and Assignment of 
Rights Granted Under Permits
16 TAC sec.sec.12.225-12.233
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.225 - 12.233, Texas Natural Resources Code, Chapter 134. 

sec.12.225. Commission Review of Outstanding Permits. 
(a) Requirement for and timing of review. 
(1) The Commission shall review each permit issued and outstanding under an 
approved regulatory program during the term of the permit. This review shall 
occur not later than the middle of the permit term and as required by sec.12.200 
of this title (relating to Experimental Practices Mining). 
(2) For permits of longer than five-year terms, a review of the permit shall be 
no less frequent than the permit midterm or every five years, whichever is more 
frequent. 
(b) Action. After this review, the Commission may, by order, require reasonable 
revision or modification of the permit provisions to ensure compliance with the 
Act and this chapter (relating to Coal Mining Regulations).
(c) Notice to permittee. Copies of the decision of the Commission shall be sent 
to the permittee. 
(d) Written findings and appeal. Any order of the Commission requiring revision 
or modification of permits shall be based upon written findings and shall be 
subject to the provisions for administrative and judicial review of 
sec.sec.12.222 and 12.223 of this title (relating to Administrative and Judicial 
Review of Decisions by Commission on Permit Applications). 
(e) Improvident issuance. The Commission, when it has reason to believe a permit 
was improvidently issued, shall review a permit under the authority of 
sec.134.082 of the Act and shall, after notice and opportunity for a hearing, 
find that the permit was improvidently issued if: 
(1) under the violations review criteria of the regulatory program at the time 
the permit was issued: 
(A) the permit should not have been issued because of an unabated violation or a 
delinquent penalty or fee; or 
(B) the permit was issued on the information that a notice of violation was in 
the process of being corrected to the satisfaction of the agency with 
jurisdiction over the violation, but a cessation order subsequently was issued; 
and 
(2) the violation, penalty or fee referred to in paragraph (1) of this 
subsection: 
(A) remains unabated or delinquent; and 
(B) is not the subject of a good faith appeal, or of an abatement plan or 
payment schedule with which the permittee or other person responsible is 
complying to the satisfaction of the responsible agency; and 
(3) where the permittee was linked to the violation, penalty or fee through 
ownership or control, under the violations review criteria of the regulatory 
program at the time the permit was issued an ownership or control link between 
the permittee and the person responsible for the violation, penalty or fee still 
exists, or where the link was severed the permittee continues to be responsible 
for the violation, penalty or fee.
(f) Remedial measures. If the Commission, under subsection (e) of this section, 
finds that, because of an unabated violation or a delinquent penalty or fee a 
permit was improvidently issued, it shall use one or more of the following 
remedial measures: 
(1) implement, with the cooperation of the permittee or other person 
responsible, and of the responsible agency, a plan for abatement of the 
violation or a schedule for payment of the penalty or fee; 
(2) require revision of the permit to impose a condition that in a reasonable 
period of time the permittee abate the violation or pay the penalty or fee; and 
(3) issue a show cause order to suspend or revoke the permit based upon its 
improvident issuance in accordance with the APA. A decision on suspension shall 
be made within ninety days and a decision on rescission shall be made within a 
further ninety days. 
(g) Right to appeal. The permittee may file an appeal for review under 
sec.sec.134.161 through 134.173 of the Act and sec.sec.2001.141 through 2001.147 
of the APA (relating to Contested Cases: Final Decisions and Orders; Motions for 
Rehearing). 

sec.12.226. Permit Revisions.
(a) A revision to a permit shall be obtained: 
(1) for changes in the surface coal mining or reclamation operations described 
in the original application and approved under the original permit, when such 
changes constitute a significant departure from the method of conduct of mining 
or reclamation operations contemplated by the original permit. Significant 
departures would include any change in permit area, mining method or reclamation 
procedure, which would, in the opinion of the Commission, significantly change 
the effect the mining operation would have on either those persons impacted by 
the permitted operation or on the environment; 
(2) when required by an order issued under sec.12.225 of this title (relating to 
Commission Review of Outstanding Permits); 
(3) in order to continue operation after the cancellation or material reduction 
of the liability insurance policy, capability of self-insurance, performance 
bond, or other equivalent guarantee upon which the original permit was issued; 
or 
(4) as otherwise required under the regulatory program.
(b) The application for revision shall be filed in accordance with the 
following: 
(1) the permittee shall submit the application to the Commission within the time 
provided for in sec.12.106(b)(3) of this title (relating to Permit Application 
Filing Deadlines); 
(2) any application for a revision which proposes significant alterations in the 
operations described in the materials submitted in the application for the 
original permit under sec.sec.12.116 through 12.123, 12.124 through 12.138, and 
12.139 through 12.154 of this title, (relating to Surface Mining Permit 
Applications -- Minimum Requirements for Legal, Financial, Compliance, and 
Related Information, to Surface Mining Permit Applications -- Minimum 
Requirements for Information on Environmental Resources, and to Surface Mining 
Permit Applications -- Minimum Requirements for Reclamation and Operation Plan), 
or sec.sec.12.155 through 12.163, 12.170 through 12.184, and 12.185 through 
12.199 of this title (relating to Underground Mining Permit Applications -- 
Minimum Requirements for Legal, Financial, Compliance, and Related Information, 
to Underground Mining Permit Applications -- Minimum Requirements for 
Information on Environmental Resources, and to Underground Mining Permit 
Applications -- Minimum Requirements for Reclamation and Operation Plan) or in 
the conditions of the original permit, shall, at a minimum, be subject to the 
requirements of sec.sec.12.206 through 12.221 of this title (relating to Review, 
Public Participation, and Approval of Permit Applications and Permit Terms and 
Conditions), and sec.sec.12.222 and 12.223 of this title (relating to 
Administrative and Judicial Review of Decisions by Commission on Permit 
Applications). 
(A) Application requirements. Permit revision requests shall be submitted on the 
Permit Application Form (SMRD-1C) with only the applicable portions showing 
changes or additions being completed. 
(B) Notice and hearing. Notice as for a new permit application is required 
whenever new landowners will be affected. If objections to the revision are 
received and a hearing is requested, the Commission shall schedule and hold a 
public hearing as required for an original application. 
(c) The Commission shall approve or disapprove the complete application for 
revision within 90 days in accordance with the requirements of sec.sec.12.206 
through 12.221 of this title (relating to Review, Public Participation, and 
Approval of Permit Applications and Permit Terms and Conditions) and the Act. 
(d) Proposed revisions must be approved by the Commission prior to commencement 
of the proposed change. 
(e) Any extensions to the area covered by a permit, except for incidental 
boundary revisions, shall be made by application for a new permit and shall not 
be approved under sec.sec.12.225, this section, and sec.sec.12.227 through 
12.233 of this title (relating to Permit Reviews, Revisions, and Renewals, and 
Transfer, Sale, and Assignment of Rights Granted Under Permits). 

sec.12.227. Permit Renewals: General Requirements. 
(a) Any valid, existing permit issued pursuant to a regulatory program shall 
carry with it the right of successive renewal upon expiration of the term of the 
permit, in accordance with sec.sec.12.228 through 12.230 of this title (relating 
to Permit Renewals: Completed Applications, to Permit Renewals: Terms, and to 
Permit Renewals: Approval or Denial). Successive renewal shall be available only 
for those areas which were specifically approved by the Commission on the 
application for the existing permit as within the boundaries of the permit. 
(b) Permit renewal shall not be available for conducting surface coal mining and 
reclamation operations on lands beyond the boundaries of the permit area 
approved under the existing permit. Approval of permits to conduct operations on 
these lands, including, but not limited to, any remainder of the mine plan area 
described in the application for the existing permit, shall be obtained in 
accordance with sec.12.228(b)(2) of this title (relating to Permit Renewals: 
Completed Applications). 

sec.12.228. Permit Renewals: Completed Applications. 
(a) Contents. Complete applications for renewals of a permit shall be made 
within the time prescribed by sec.12.106(b)(2) of this title (relating to Permit 
Application Filing Deadlines). Renewal applications shall be in a form and with 
contents required by the Commission under the regulatory program and in 
accordance with subsection (b)(2) of this section, including, at a minimum, the 
following: 
(1) a statement of the name and address of the permittee, the term of the 
renewal requested, the permit number, and a description of any changes to the 
matters set forth in the original application for a permit or prior permit 
renewal; 
(2) a copy of the newspaper notice and proof of publication of same under 
sec.12.207(a) of this title (relating to Public Notices of Filing of Permit 
Applications); and 
(3) Evidence that liability insurance policy or adequate self-insurance under 
sec.12.311 of this title (relating to Terms and Conditions for Liability 
Insurance) will be provided by the applicant for the proposed period of renewal. 
(b) Processing and review. 
(1) Complete applications for renewal shall be subject to the requirements of 
public notification and participation contained in sec.sec.12.207 through 12.209 
of this title (relating to Public Notices of Filing of Permit Applications, to 
Opportunity for Submission of Written Comments on Permit Applications, and to 
Right to File Written Objections). 
(2) If a complete application for renewal of a permit includes a proposal to 
extend the mining and reclamation operation beyond the boundaries authorized in 
the existing permit, the portion of the complete application for renewal of a 
valid permit which addresses any new land areas shall be subject to the full 
standards applicable to new permit applications under the Act, sec.sec.12.103 
through 12.108 of this title (relating to General Requirements for Permit and 
Permit Applications), sec.sec.12.116 through 12.123, 12.124 through 12.138, and 
12.139 through 12.154 of this title (relating to Surface Mining Permit 
Applications -- Minimum Requirements for Legal, Financial, Compliance, and 
Related Information, to Surface Mining Permit Applications -- Minimum 
Requirements for Information on Environmental Resources, and to Surface Mining 
Permit Applications -- Minimum Requirements for Reclamation and Operation Plan), 
sec.sec.12.155 through 12.163, 12.170 through 12.184, and 12.185 through 12.199 
of this title (relating to Underground Mining Permit Applications -- Minimum 
Requirements for Legal, Financial, Compliance, and Related Information, to 
Underground Mining Permit Applications -- Minimum Requirements for Information 
on Environmental Resources, and to Underground Mining Permit Applications -- 
Minimum Requirements for Reclamation and Operation Plan), sec.sec.12.200 through 
12.205 of this title (relating to Requirements for Permits for Special 
Categories of Mining), sec.sec.12.206 through 12.221 (relating to Review, Public 
Participation, and Approval of Permit Applications and Permit Terms and 
Conditions), sec.sec.12.222 and 12.223 of this title (relating to Administrative 
and Judicial Review of Decisions by Commission on Permit Applications), 
sec.sec.12.225 through 12.227, this section, and sec.sec.12.229 through 12.233 
of this title (relating to Permit Reviews, Revisions, and Renewals, and 
Transfer, Sale, and Assignment of Rights Granted Under Permits), and Subchapter 
J of this chapter (relating to Bond and Insurance Requirements for Surface Coal 
Mining and Reclamation Operations). 
(3) If the surface coal mining reclamation operations authorized under the 
original permit were not subject to the standards contained in sec.134.066(a)(5) 
of the Act and sec.12.202 of this title (relating to Surface Coal Mining and 
Reclamation Operations On Areas or Adjacent to Areas Including Alluvial Valley 
Floors In The Arid or Semiarid Areas West of The 100th Meridian), because the 
permittee complied with the exceptions in sec.134.066(c) of the Act, the portion 
of the application for renewal of the permit which addresses any new land areas 
previously identified in the reclamation plan submitted pursuant to 
sec.sec.12.139 through 12.154 of this title (relating to Surface Mining Permit 
Applications -- Minimum Requirements for Reclamation and Operation Plan), or 
sec.sec.12.185 through 12.199 of this title (relating to Underground Mining 
Permit Applications -- Minimum Requirements for Reclamation and Operation Plan) 
for the original permit shall not be subject to the standards contained in 
sec.134.066(a)(5) of the Act and sec.12.202 of this title (relating to Surface 
Coal Mining and Reclamation Operations On Areas or Adjacent to Areas Including 
Alluvial Valley Floors In The Arid or Semiarid Areas West of The 100th 
Meridian). 
(4) Before finally acting to grant the permit renewal, the Commission shall 
require any additional performance bond needed by the permittee to comply with 
the requirements of sec.12.230(a)(4) of this title (relating to Permit Renewals: 
Approval or Denial) to be filed with the Commission. 

sec.12.229. Permit Renewals: Terms.
Any permit renewal shall be for a term not to exceed the period of the original 
permit established under sec.12.219 of this title (relating to Permit Terms).

sec.12.230. Permit Renewals: Approval or Denial. 
(a) The Commission shall, upon the basis of a complete application for renewal 
and completion of all procedures required under sec.sec.12.228 and 12.229 of 
this title (relating to Permit Renewals: Completed Applications, and to Permit 
Renewals: Terms), issue a renewal of a permit, unless it is established and 
written findings by the Commission are made that: 
(1) the terms and conditions of the existing permit are not being satisfactorily 
met; 
(2) the present surface coal mining and reclamation operations are not in 
compliance with the environmental protection standards under the Act and 
Subchapter K of this chapter (relating to Permanent Program Performance 
Standards); 
(3) the requested renewal substantially jeopardizes the operator's continuing 
responsibility to comply with the Act and this chapter (relating to Coal Mining 
Regulations) on existing permit areas; 
(4) the operator has not provided evidence that any performance bond required to 
be in effect for the operations will continue in full force and effect for the 
proposed period of renewal, as well as any additional bond the Commission might 
require pursuant to Subchapter J of this chapter (relating to Bond and Insurance 
Requirements for Surface Coal Mining and Reclamation Operations); 
(5) the operator has not provided evidence of having liability insurance or 
self-insurance as required by sec.12.311 of this title (relating to Terms and 
Conditions for Liability Insurance); and 
(6) any additional revised or updated information required by the Commission has 
not been provided by the applicant. 
(b) In determining whether to approve or deny a renewal, the burden shall be on 
the opponents of renewal. 
(c) The Commission shall send copies of its decision to the applicant, any 
persons who filed objections or comments to the renewal, and to any persons who 
were parties to the public hearing held on the permit renewal. 
(d) Any person having an interest which is or may be adversely affected by the 
decision of the Commission shall have the right to administrative and judicial 
review set forth in sec.sec.12.222 and 12.223 of this title (relating to 
Administrative and Judicial Review of Decisions by Commission on Permit 
Applications). 

sec.12.231. Transfer, Assignment, or Sale of Permit Rights: General 
Requirements.
No transfer, assignment, or sale of the rights granted under any permit issued 
pursuant to the regulatory program shall be made without the prior written 
approval of the Commission in accordance with this section and sec.sec.12.232 
and 12.233 of this title (relating to Transfer, Assignment or Sale of Permit 
Rights: Obtaining Approval, and to Requirements for New Permits for Persons 
Succeeding to Rights Granted Under a Permit). 

sec.12.232. Transfer, Assignment or Sale of Permit Rights: Obtaining Approval.
(a) Any person seeking to succeed by transfer, assignment, or sale to the rights 
granted by a permit issued under a regulatory program shall, prior to the date 
of such transfer, assignment or sale: 
(1) obtain the performance bond coverage of the original permittee by: 
(A) obtaining transfer of the original bond; 
(B) obtaining a written agreement with the original permittee and all subsequent 
successors in interest (if any) that the bond posted by the original permittee 
and all successors shall continue in force on all areas affected by the original 
permittee and all successors, and supplementing such previous bonding with such 
additional bond as may be required by the Commission. If such an agreement is 
reached, the Commission may authorize for each previous successor and the 
original permittee the release of any remaining amount of bond in excess of that 
required by the agreement; 
(C) providing sufficient bond to cover the original permit in its entirety from 
inception to completion of reclamation operations; or
(D) such other methods as would provide that reclamation of all areas affected 
by the original permittee is assured under bonding coverage at least equal to 
that of the original permittee; 
(2) provide the Commission with an application for approval of such proposed 
transfer, assignment, or sale, including: 
(A) the name and address of the existing permittee; 
(B) the name and address of the person proposing to succeed by such transfer, 
assignment, or sale and the name and address of that person's resident agent; 
(C) for surface mining activities, the same information as is required by 
sec.sec.12.116, 12.117, 12.118(c), 12.120 and 12.121 of this title (relating to 
Identification of Interests and Compliance Information, to Right of Entry and 
Operation Information, to Relationship to Areas Designated Unsuitable for 
Mining, to Personal Injury and Property Damage Insurance Information, and to 
Identification of Other Licenses and Permits) for applications for new permits 
for those activities; or 
(D) for underground mining activities, the same information as is required by 
sec.sec.12.155, 12.156, 12.157, 12.158(c), 12.160 and 12.161 and of this title 
(relating to Identification of Interests, to Compliance Information, to Right of 
Entry and Operation Information, to Relationship to Areas Designated Unsuitable 
for Mining, to Personal Injury and Property Damage Insurance Information, and to 
Identification of Other Licenses and Permits) for applications for new permits 
for those activities; and 
(3) Obtain the written approval of the Commission for transfer, assignment, or 
sale of rights, according to subsection (c) of this section. 
(b) Public notice and comment shall apply as follows: 
(1) the person applying for approval of such transfer, assignment or sale of 
rights granted by a permit shall advertise the filing of the application in a 
newspaper of general circulation in the locality of the operations involved, 
indicating the name and address of the applicant, the original permittee, the 
number and particular geographic location of the permit, and the address to 
which written comments may be sent under this subsection; and 
(2) Any person whose interests are or may be adversely affected, including, but 
not limited to, the head of any local, state or federal government agency may 
submit written comments on the application for approval to the Commission, 
within the time required by the regulations. 
(c) The Commission may, upon the basis of the applicant's compliance with the 
requirements of subsections (a) and (b) of this section, grant written approval 
for the transfer, sale, or assignment of rights under a permit, if it first 
finds, in writing, that: 
(1) the applicant is eligible to receive a permit in accordance with this 
chapter (relating to Coal Mining Regulations); 
(2) the applicant will conduct the operations covered by the permit in 
accordance with the criteria specified in sec.sec.12.200 through 12.205, 12.216 
and 12.217 of this subchapter (relating to Requirements for Permits for Special 
Categories of Mining, to Criteria for Permit Approval or Denial, and to Criteria 
for Permit Approval or Denial: Existing Structures) and the requirements of the 
Act and this chapter (relating to Coal Mining Regulations); 
(3) the applicant has, in accordance with sec.12.232(a)(1) of this title 
(relating to Transfer, Assignment, or Sale of Permit Rights: Obtaining 
Approval), submitted a performance bond or other guarantee as required by 
Subchapter J of this chapter (relating to Bond and Insurance Requirements for 
Surface Coal Mining and Reclamation Operations), and at least equivalent to the 
bond or other guarantee of the original permittee; and 
(4) the applicant will continue to conduct the operations involved in full 
compliance with the terms and conditions of the original permit, unless and 
until it has obtained a new permit in accordance with this subchapter (relating 
to Surface Coal Mining and Reclamation Operations Permits and Coal Exploration 
Procedures Systems) as required in sec.12.233 of this title (relating to 
Requirements for New Permits for Persons Succeeding to Rights Granted Under a 
Permit). 
(d) The Commission shall notify the permittee, the successor, commentors, and 
OSM of its findings. 
(e) The successor shall immediately notify the Commission of the consummation of 
the transfer, assignment, or sale of permit rights.

sec.12.233. Requirements for New Permits for Persons Succeeding to Rights 
Granted under a Permit.
(a) A successor in interest to a permittee who is able to obtain the bond 
coverage of the original permittee may continue surface coal mining and 
reclamation operations according to the approved mining and reclamation plan and 
permit of the original permittee. 
(b) Pursuant to sec.12.232(c)(3) of this title (relating to Transfer, 
Assignment, or Sale of Permit Rights: Obtaining Approval), any successor in 
interest seeking to change the conditions of mining or reclamation operations, 
or any of the terms or conditions of the original permit shall:
(1) make application for a new permit under sec.sec.12.103 through 12.108 of 
this title (relating to General Requirements for Permit and Permit 
Applications), sec.sec.12.109 through 12.115 of this title (relating to General 
Requirements for Coal Exploration), sec.sec.12.116 through 12.123, 12.124 
through 12.138, and 12.139 through 12.154 of this title (relating to Surface 
Mining Permit Applications -- Minimum Requirements for Legal, Financial, 
Compliance, and Related Information, to Surface Mining Permit Applications -- 
Minimum Requirements for Information on Environmental Resources, and to Surface 
Mining Permit Applications -- Minimum Requirements for Reclamation and Operation 
Plan), sec.sec.12.155 through 12.163, 12.170 through 12.184, and 12.185 through 
12.199 of this title (relating to Underground Mining Permit Applications -- 
Minimum Requirements for Legal, Financial, Compliance, and Related Information, 
to Underground Mining Permit Applications -- Minimum Requirements for 
Information on Environmental Resources, and to Underground Mining Permit 
Applications -- Minimum Requirements for Reclamation and Operation Plan), 
sec.sec.12.206 through 12.221 of this title (relating to Requirements for 
Permits for Special Categories of Mining, to Review, Public Participation, and 
Approval of Permit Applications and Permit Terms and Conditions), and 
sec.sec.12.222 and 12.223 of this title (relating to Administrative and Judicial 
Review of Decisions by Commission on Permit Applications), if the change 
involves conducting operations outside the original permit area; or 
(2) make application for a revised permit under sec.12.226 of this title 
(relating to Permit Revisions). 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618469
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Small Operator Assistance
16 TAC sec.12.234, 12.236-12.243
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.234, 12.236 - 12.243, Texas Natural Resources Code, Chapter 
134.

sec.12.234. Responsibilities: General.
The Commission shall: 
(1) review requests for assistance and determine qualified operators; 
(2) develop and maintain a list of qualified laboratories, and select and pay 
laboratories for services rendered; 
(3) conduct periodic on-site evaluations of program activities with the small 
operator; and 
(4) participate with the Office in data coordination activities with the U.S. 
Geological Survey, U.S. Environmental Protection Agency, and other appropriate 
agencies or institutions. 

sec.12.236. Program Services.
To the extent possible with available funds, for qualified small operators who 
request assistance, the Commission shall: 
(1) select and pay a qualified laboratory to: 
(A) determine for the operator the probable hydrologic consequences of the 
mining and reclamation operations both on and off the proposed permit area in 
accordance with the data requirements of this Program; and 
(B) prepare a statement of the results of test borings or core samplings in 
accordance with the data requirements of this program; and 
(2) collect and provide general hydrologic information on the basin or subbasin 
areas within which the anticipated mining will occur. The information provided 
shall be limited to that required to relate the basin or subbasin hydrology to 
the hydrology of the proposed permit area. 

sec.12.237. Eligibility for Assistance.
An applicant is eligible for assistance if he or she: 
(1) intends to apply for a permit pursuant to the Act; and
(2) establishes that his or her probable total actual and attributed production 
from all locations during any consecutive 12-month period either during the term 
of his or her permit or during the first 5 years after issuance of his or her 
permit, whichever period is shorter, will not exceed 100,000 tons. Production 
from the following operations shall be attributed to the permittee: 
(A) all coal produced by operations beneficially owned entirely by the applicant 
or controlled, by reason of ownership, direction of the management or in any 
other manner whatsoever, by the applicant; 
(B) the pro rata share, based upon percentage of beneficial ownership, of coal 
produced by operations in which the applicant owns more than a 5-percent 
interest; 
(C) all coal produced by persons who own more than 5 percent of the applicant or 
who directly or indirectly control the applicant by reason of stock ownership, 
direction of the management or in any other manner whatsoever;
(D) the pro rata share of the coal produced by operations owned or controlled by 
the person who owns or controls the applicant; and
(E) all coal produced by operations owned by members of the applicant's family 
and the applicant's relatives, unless it is established that there is no direct 
or indirect business relationship between or among them; 
(3) is not restricted in any manner from receiving a permit under this chapter 
(relating to Coal Mining Regulations); and 
(4) does not organize or reorganize his or her company solely for the purpose of 
obtaining assistance under the small operator assistance program.

sec.12.238. Filing for Assistance.
Each applicant shall submit to the Commission an application for small operator 
assistance program containing the following information in order to procure 
funds for program services: 
(1) a statement of intent to file a permit application; 
(2) the names and addresses of: 
(A) the potential permit applicant; and 
(B) the potential operator if different from the applicant;
(3) a schedule of the estimated total production of coal from the proposed 
permit area and all other locations from which production is attributed to the 
applicant under the eligibility parameters. The schedule shall include for each 
location: 
(A) the name under which coal is or will be mined; 
(B) the permit number and Mine Safety and Health Administration (MSHA) 
identification number; 
(C) the actual coal production for the year preceding the application for 
assistance and that portion of the production attributed to the applicant; and 
(D) the estimated coal production for each year of the proposed permit and that 
portion attributed to the applicant; 
(4) A description of: 
(A) the method of surface coal mining operation proposed;
(B) the anticipated starting and termination dates of mining operations; 
(C) the number of acres of land to be affected by the proposed mining; and 
(D) a general statement on the probable depth and thickness of the coal 
resource, including a statement of reserves in the permit area and the method by 
which they were calculated; 
(5) A U.S. Geological Survey topographic map which clearly shows: 
(A) the area of land to be affected and the natural drainage above and below the 
affected area; 
(B) the names of property owners within the area to be affected and of adjacent 
lands; 
(C) the location of existing structures and developed water sources within the 
area to be affected and on adjacent lands; 
(D) the location of existing and proposed test boring or core samplings; and 
(E) the location and extent of known workings of any underground mines; and 
(6) Copies of documents which show that: 
(A) the applicant has a legal right to enter and commence mining within the 
permit area; and 
(B) a legal right of entry has been obtained for the Commission, Office and 
laboratory personnel to inspect the lands to be mined and adjacent lands which 
may be affected to collect environmental data or install necessary instruments.

sec.12.239. Application Approval and Notice.
(a) If the applicant is eligible and information is not readily available which 
would preclude issuance of a permit to the applicant for mining in the area 
proposed, the Commission shall: 
(1) determine the minimum data requirements necessary for the proposed site; 
(2) select the services of one or more qualified laboratories to perform the 
required work; and 
(3) provide a copy of the contract or other appropriate work order and the final 
approved report to the applicant. 
(b) The Commission shall inform the applicant in writing if the application is 
denied and shall state the reasons for denial. 
(c) The granting of assistance under sec.sec.12.234 through 12.238, this 
section, and sec.sec.12.240 through 12.243 of this title (relating to Small 
Operator Assistance) shall not be a factor in decisions by the Commission on a 
subsequent permit application.

sec.12.240. Data Requirements.
(a) Minimum Requirements. 
(1) A determination of the probable hydrologic consequences of the mining and 
reclamation operations, both on- and off-site, shall be made by a qualified 
laboratory. The data for this determination shall include:
(A) the existing and projected surface- and ground-water seasonal flow regime, 
including water-level and water-table evaluations; and 
(B) the existing and projected seasonal quality of the surface- and ground-water 
regime. This shall include measurements and estimates of dissolved and suspended 
solids, pH, iron, manganese, surface and channel erosion and other water-quality 
parameters specified in the application for surface mining operation permit. 
(2) A statement of the results of test borings or core samplings from the 
proposed permit area, including: 
(A) logs from any drill holes including identification of each stratum and water 
level penetrated; 
(B) the coal seam thickness and its chemical analysis including sulfur content; 
(C) the chemical analysis of potentially acid- or toxic-forming sections of the 
overburden, and the chemical analysis of the stratum lying immediately 
underneath the coal to be mined; and 
(D) other information as needed on a site-specific basis.
(b) Exemptions. The statement by a qualified laboratory under subsection (a)(2) 
of this section may be waived by the Commission by a written determination that 
such requirements are unnecessary with respect to a specific surface mining 
operation permit application. 
(c) Data Availability. Data collected under this program shall be made available 
to all interested persons, except information related to the chemical and 
physical properties of coal, when so requested by the applicant. Information 
regarding the mineral or elemental content of the coal which is potentially 
toxic in the environment shall be made available. 

sec.12.241. Qualified Laboratories. Basic Qualifications. 
(1) To qualify for designation, the laboratory shall demonstrate that it: 
(A) is staffed with experienced, professional personnel in the fields of 
hydrology, mining engineering, aquatic biology, geology or chemistry as 
applicable to the work to be performed; 
(B) is capable of collecting necessary field data and samples;
(C) has adequate space for material preparation, cleaning and sterilizing of 
necessary equipment, stationary equipment, storage and space to accommodate 
periods of peak work loads; 
(D) meets the requirements of the Occupational Safety and Health Act; 
(E) has the financial capability and business organization necessary to perform 
the work required; 
(F) has analytical, monitoring and measuring equipment capable of meeting the 
applicable standards and methods contained in: 
(i) Standard Methods for the Examination of Water and Wastewater, 15th Edition, 
1980. This publication is available from the American Public Health Association, 
1015 18th Street, NW, Washington, D.C. 20036; and 
(ii) Methods for Chemical Analysis of Water and Wastes, 1974. This publication 
is available from the Office of Technology Transfer, U.S. Environment. Research 
Laboratory, Cincinnati, Ohio 45268. These standards are hereby incorporated by 
reference; and 
(G) has the capability of making hydrologic field measurements and analytical 
laboratory determinations by acceptable hydrologic engineering or analytical 
methods, or other appropriate methods or guidelines for data acquisition. 
(2) The qualified laboratory shall be capable of performing either the 
determination of probable hydrologic consequences or the statement of results of 
test borings as described in sec.12.240(a)(1) or (2) of this title (relating to 
Data Requirements). Subcontractors may be used to provide the services required 
provided they have been designated as a qualified laboratory. 

sec.12.242. Assistance Funding.
Allocation of funds. If funds are inadequate to provide services pursuant to 
this program, the Commission shall, to the extent practicable, establish a 
formula for allocating funds among eligible operators by prorating monies 
available downward as tonnage of coal to be mined increases, and considering 
such factors as the applicant's: 
(1) anticipated date of filing a permit application; 
(2) anticipated date for commencing mining; and 
(3) performance history.

sec.12.243. Applicant Liability.
(a) The applicant shall reimburse the Commission for the cost of the laboratory 
services performed pursuant to this section and sec.sec.12.234 through 12.242 of 
this title (relating to Small Operator Assistance) if the applicant: 
(1) submits false information; 
(2) fails to submit a permit application within 1 year from the date of receipt 
of the approved laboratory report; 
(3) fails to mine after obtaining a permit; 
(4) if the Commission finds that the applicant's actual and attributed annual 
production of coal for all locations exceeds 100,000 tons during any consecutive 
12-month period either during the term of the permit for which assistance is 
provided or during the first 5 years after issuance of the permit, whichever is 
shorter; or 
(5) the permit is sold, transferred, or assigned to another person and the 
transferee's total actual and attributed production exceeds the 100,000-ton 
production limit during any consecutive 12-month period of the remaining term of 
the permit. Under this subsection, the applicant and its successor are jointly 
and severally obligated to reimburse the Commission.
(b) The Commission may waive the reimbursement obligation if it finds that the 
applicant at all times acted in good faith. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618470
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

SUBCHAPTER J.Bond and Insurance Requirements for Surface Coal
Mining and Reclamation Operations
General Requirements for Insurance and Bonding of Surface Coal Mining and
Reclamation Operations Under Regulatory Program
16 TAC sec.sec.12.300, 12.303
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.300 - 12.303, Texas Natural Resources Code, Chapter 134. 

sec.12.300. Definitions.
The following words and terms, when used in this subchapter, shall have the 
following meanings unless the context clearly indicates otherwise. 
Collateral bond--An indemnity agreement in a sum certain deposited with the 
Commission and executed by the permittee and supported by one or more of the 
following: 
(A) the deposit of cash in one or more accounts, payable only to the Commission 
upon demand after the Commission has determined the need for forfeiture and has 
notified the permittee of forfeiture action;
(B) negotiable bonds of the United States, a state or municipality, endorsed to 
the order of, and in the possession of, the Commission;
(C) negotiable certificates of deposit, made payable only to the Commission in 
its possession; 
(D) an irrevocable letter of credit of any bank authorized to transact business 
in the United States, payable upon demand; 
(E) a perfected, first-lien security interest in real or personal property, in 
favor of the Commission; or 
(F) investment-grade related securities, having a rating of AAA, AA, A or 
equivalent rating, issued by a nationally recognized securities rating service, 
endorsed to the order of, and in the possession of, the Commission. 
Self-bond--An indemnity agreement in a sum certain payable to the Commission, 
executed by the permittee and in an amount determined sufficient to assure 
performance of reclamation responsibilities pursuant to the permit requirements. 
Surety bond--An indemnity agreement in a sum certain payable to the Commission 
executed by the permittee as principal which is supported by the performance 
guarantee of a corporation licensed to do business as a surety in Texas.

sec.12.301. Requirements to File a Bond.
(a) After an application for a permit to conduct surface coal mining and 
reclamation operations has been approved but before such permit is issued, the 
applicant shall file with the Commission a performance bond or bonds payable to 
the Commission. The performance bond will be conditioned upon the faithful 
performance of all the requirements of the Act, this chapter (relating to Coal 
Mining Regulations), and the provisions of the reclamation plan and permit. The 
amount, duration, form, conditions and terms of the performance bond shall 
conform to sec.sec.12.304 through 12.307 of this title (relating to Amount and 
Duration of Performance Bond) and sec.sec.12.308 through 12.311 of this title 
(relating to Form, Conditions, and Terms of Performance Bond and Liability 
Insurance). 
(b) The bond or bonds shall cover the entire permit area, or an identified 
increment of land within the permit area upon which the operator will initiate 
and conduct surface coal mining and reclamation operations during the initial 
term of the permit. As operations on succeeding areas are initiated and 
conducted, the permittee shall file with the Commission an additional bond or 
bonds to cover such areas in accordance with this section. The bond or bonds 
shall not be for an area that is smaller than the entire area upon which surface 
coal mining and reclamation operations will be conducted in a given permit term. 
(1) After the amount of the bond has been determined for the permit area in 
accordance with sec.sec.12.304 through 12.307 of this title (relating to Amount 
and Duration of Performance Bond), the permittee or applicant may either file: 
(A) the entire performance bond required during the term of the permit; or 
(B) an incremental bond schedule and the new performance bond required for the 
first increment in the schedule. 
(2) When the operator elects to "increment" the amount of the performance bond 
during the term of the permit, he shall identify the initial and successive 
incremental areas for bonding on the permit application map submitted for 
approval as provided in sec.12.142 of this title (relating to Operations Plan: 
Maps and Plans), and shall specify the proportion of the total bond amount 
required for the term of the permit which will be filed prior to commencing 
operations on each incremental area. The scheduled amount of each performance 
bond increment shall be filed in the sequence approved in the permit, and shall 
be filed with the Commission at least 30 days prior to the commencement of 
surface coal mining and reclamation operations in the next incremental area. 
(c) Surface disturbances which are a part of underground operations, and other 
long-term operations may be bonded for a period of less than the permit term; 
however, continuous bond coverage must be maintained during active operations at 
those sites and for the applicable liability period after operations have 
ceased. 

sec.12.302. Requirement to File a Certificate of Liability Insurance.
Each applicant for a permit shall submit to the Commission as part of the permit 
application: 
(1) a certificate issued by an insurance company authorized to do business in 
Texas. The amount, duration, form, conditions and terms of this insurance shall 
conform to sec.12.311 of this title (relating to Terms and Conditions for 
Liability Insurance); or 
(2) evidence that it satisfies applicable state or federal self-insurance 
requirements and that self-insurance for liability is otherwise consistent with 
sec.12.311 of this title (relating to Terms and Conditions for Liability 
Insurance).

sec.12.303. Commission Responsibilities.
(a) The Commission shall prescribe and furnish the form for filing a performance 
bond. 
(b) The Commission shall prescribe terms and conditions for performance bonds 
and insurance by regulations which meet, at a minimum, the requirements of 
sec.sec.12.304 through 12.307 (relating to Amount and Duration of Performance 
Bond), and of sec.sec.12.308 through 12.311 of this title (relating to Form, 
Conditions, and Terms of Performance Bond and Liability Insurance). 
(c) The Commission shall determine the amount of the performance bond required 
for the permit area including adjustments to the initial amount from time-to-
time as land acreages in the permit area are revised, or when other relevant 
conditions change according to the minimum requirements of sec.12.304(a) of this 
title (relating to Determination of Bond Amount).
(d) The Commission may accept a self-bond in lieu of a surety or collateral bond 
if the permittee meets the requirements of sec.12.309(j) of this title (relating 
to Terms and Conditions of the Bond) and any additional requirements of 
sec.sec.12.309(a) through (d) of this title (relating to Terms and Conditions of 
the Bond). 
(e) The Commission shall release the permittee from his bond and insurance 
requirements consistent with sec.sec.12.312 and 12.313 of this title (relating 
to Procedures, Criteria, and Schedule for Release of Performance Bond). 
(f) The Commission may cause all or part of a bond to be forfeited consistent 
with sec.sec.12.314 through 12.317 of this title (relating to Performance Bond 
Forfeitures Criteria and Procedures). 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618471
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Amount and Duration of Performance Bond
16 TAC sec.sec.12.304, 12.306, 12.307
The new sections are proposed under the Texas Natural Resources Code, 
sec.134.013, which authorizes the Commission to adopt and amend rules pertaining 
to surface coal mining and reclamation operations. 
The following is the statute, article, or code affected by the proposed new 
sections: sec.sec.12.304, 12.306, 12.307, Texas Natural Resources Code, Chapter 
134.

sec.12.304. Determination of Bond Amount.
(a) The amount of the bond required for each bonded area shall depend upon the 
reclamation requirements of the approved permit; shall reflect the probable 
difficulty of reclamation giving consideration to such factors as topography, 
geology of the site, hydrology, and revegetation potential, and shall be 
determined by the Commission. 
(b) The amount of the bond shall be sufficient to assure the completion of the 
reclamation plan if the work has to be performed by the Commission in the event 
of forfeiture; and 
(c) In no case shall the bond for the entire area under one permit be less than 
$10,000. 
(d) The amount of bond shall be based on, but not limited to, the estimated cost 
submitted by the permit applicant and shall be determined by the Commission.

sec.12.306. Period of Liability.
(a) Liability under the performance bond(s) shall continue until all 
reclamation, restoration and abatement work required of persons who conduct 
surface coal mining and reclamation operations under requirements of the Act, 
this chapter (relating to Coal Mining Regulations), and the provisions of the 
permit has been completed, and the permit terminated by release of the permittee 
from any further liability in accordance with sec.sec.12.312 and 12.313 of this 
title (relating to Procedures, Criteria, and Schedule for Release of Performance 
Bond). 
(b) The period of liability shall continue in areas with more than 26.0 inches 
average annual precipitation, for not less than 5 years and in areas of 26.0 
inches or less average annual precipitation for not less than 10 years. 
(c) A portion of a bonded area requiring extended liability because of 
augmentation may be separated from the original area and bonded separately upon 
approval by the Commission. 
(d) If the Commission approves a long-term intensive agricultural post-mining 
land use, in accordance with sec.12.399 of this title (relating to Postmining 
Land Use), the applicable five- or ten-year period of liability shall commence 
at the date of initial planting. 
(e) The Commission shall cause all or part of a bond to be forfeited consistent 
with sec.sec.12.314 through 12.317 of this title (relating to Performance Bond 
Forfeitures Criteria and Procedures). Actions of third parties which are beyond 
the control of the operator and for which the operator is not responsible under 
the permit need not be covered by the bond.

sec.12.307. Adjustment of Amount.
(a) The amount of the performance bonds applicable to a permit may be adjusted 
by the Commission when the cost of future reclamation work changes. The 
Commission shall notify the permittee, surety, and any other person with a 
property interest in the collateral posted under this subchapter (relating to 
Bond and Insurance Requirements for Surface Coal Mining and Reclamation 
Operations), of any proposed bond adjustment and provide the permittee an 
opportunity for an informal conference on the adjustment. Bond adjustments are 
not subject to procedures of bond release under sec.sec.12.312 and 12.313 of 
this title (relating to Procedures, Criteria, and Schedule for Release of 
Performance Bond). 
(b) A permittee may request reduction of the amount of performance bond upon 
submission of evidence to the Commission proving that the permittee's method of 
operation or other circumstances will reduce the estimated cost to the 
Commission to reclaim the area bonded. This reduction of bond shall be deemed a 
bond adjustment. 
(c) In the event that an approved operations and reclamation plan is modified in 
accordance with Subchapter G of this chapter (relating to Surface Coal Mining 
and Reclamation Operations Permits and Coal Exploration Procedures Systems), the 
Commission will review the bond for adequacy and, if necessary, will adjust the 
bond to conform to the operations and reclamation plan as modified. 
(d) The amount of the bond or deposit required and the terms of each acceptance 
of the applicant's bond shall be adjusted by the Commission from time to time as 
affected land acreages are increased or decreased or where the cost of future 
reclamation changes. 
This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt.
Issued in Austin, Texas, on December 20, 1996.
TRD-9618472
Mary Ross McDonald
Deputy General Counsel, Office of General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: February 10, 1997
For further information, please call: (512) 463-7008

Procedures, Criteria, and Schedule for Release of Performance Bond
16 TAC sec.12.31