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

Published date24 March 2020
Citation85 FR 16607
Record Number2020-06088
SectionNotices
CourtNatural Resources Conservation Service
Federal Register, Volume 85 Issue 57 (Tuesday, March 24, 2020)
[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
                [Notices]
                [Pages 16607-16610]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-06088]
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                DEPARTMENT OF AGRICULTURE
                Natural Resources Conservation Service
                [Docket ID NRCS-2020-0001]
                Notice of Proposed Revisions to the National Handbook of
                Conservation Practices for the Natural Resources Conservation Service
                AGENCY: Natural Resources Conservation Service, USDA.
                ACTION: Notice of availability; request for comment.
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                SUMMARY: The Natural Resources Conservation Service (NRCS) is giving
                notice that it intends to issue a series of revised conservation
                practice standards in the National Handbook of Conservation Practices
                (NHCP). NRCS is also giving the public an opportunity to provide
                comments on specified conservation practice standards in NHCP.
                DATES: We will consider comments that we receive by April 23, 2020.
                ADDRESSES: We invite you to submit comments on this notice. In your
                comments, include the volume, date, and page number of this issue of
                the Federal Register. Comments may be submitted by any of the following
                methods:
                 Federal eRulemaking Portal: Go to http://www.regulations.gov and search for docket ID NRCS-2020-0001. Follow the
                instructions for submitting comments.
                 Mail, or Hand Delivery: Mr. Bill Reck, National
                Environmental Engineer, Conservation Engineering Division, U.S.
                Department of Agriculture, NRCS, 1400 Independence Avenue, South
                Building, Room 6136, Washington, DC 20250.
                 NRCS will post all comments on http://www.regulations.gov.
                 The copies of the proposed revised standards are available through
                http://www.regulations.gov by accessing Docket No. NRCS-2020-0001.
                Alternatively, the proposed revised standards can be downloaded or
                printed from http://go.usa.gov/TXye.
                FOR FURTHER INFORMATION CONTACT: Mr. Bill Reck, (202) 720-4485; or
                [email protected].
                SUPPLEMENTARY INFORMATION: NRCS State Conservationists who choose to
                adopt these practices in their States will incorporate these practices
                into the respective electronic Field Office Technical Guide. These
                practices may be used in conservation systems that treat highly
                erodible land (HEL) or on land determined to be a wetland. Section 343
                of the Federal Agriculture Improvement and Reform Act of 1996 requires
                NRCS to make available for public review and comment all proposed
                revisions to conservation practice standards used to carry out HEL and
                wetland provisions of the law.
                 The amount of the proposed changes varies considerably for each of
                the conservation practice standards addressed in this notice. To fully
                understand the proposed changes, individuals are encouraged to compare
                these changes with each standard's current version, which can be found
                at http://www.nrcs.usda.gov/wps/portal/nrcs/detailfull/national/technical/cp/ncps/?cid=nrcs143_026849.
                 NRCS is requesting comments on the following conservation practice
                standards: Access Road (Code 560); Amending Soil Properties with Gypsum
                Products (Code 333); Amendments for Treatment of Agricultural Waste
                (Code 591); Anionic Polyacrylamide (PAM) Application (Code 450);
                Aquaculture Pond (Code 397); Bivalve Aquaculture Gear and Biofouling
                Control (Code 400); Composting Facility (Code 317); Conservation Crop
                Rotation (Code 328); Cross Wind Trap Strips (Code 589); Dam (Code 402);
                Denitrifying Bioreactor (Code 605); Energy Efficient Building Envelope
                (Code 672); Energy Efficient Lighting System (Code 670); Field
                Operations Emissions Reduction (Code 376); Forage Harvest Management
                (Code 511); Grade Stabilization Structure (Code 410); Grassed Waterway
                (Code 412); Heavy Use Area Protection (Code 561); Herbaceous Weed
                Treatment (Code 315); Herbaceous Wind Barriers (Code 603); Irrigation
                Land Leveling (Code 464); Irrigation Pipeline (Code 430); Irrigation
                System, Microirrigation (Code 441); Irrigation Water Management (Code
                449); Lined Waterway or Outlet (Code 468); Livestock Pipeline (Code
                516); Livestock Shelter Structure (Code 576); Pasture and Hay Planting
                (Code 512); Prescribed Burning (Code 338); Pumping Plant (Code 533);
                Riparian Forest Buffer (Code 391); Rock Wall Terrace (Code 555); Row
                Arrangement (Code 557); Saline and Sodic Soil Management (Code 610);
                Saturated Buffer (Code 604); Spoil Disposal (Code 572); Spring
                Development (Code 574); Stormwater Runoff Control (Code 570);
                Streambank and Shoreline Protection (Code 580); Surface Drain, Field
                Ditch (Code 607);
                [[Page 16608]]
                Terrace (Code 600); Trails and Walkways (Code 575); Tree/Shrub Site
                Preparation (Code 490); Underground Outlet (Code 620); Vegetative
                Barrier (Code 601); Water Harvesting Catchment (Code 636); Watering
                Facility (Code 614); Water Well (Code 642); and Well Decommissioning
                (Code 351).
                 The following are highlights of some of the proposed revisions to
                each standard:
                 Access Road (Code 560): The standard was changed to better
                accommodate local conditions and drainage issues.
                 Amending Soil Properties with Gypsum Products (Code 333): Deleted
                the word ``derived'' from the definition. Revised the Purpose section
                to reduce the wording and provide clarity. Added two purposes: Improve
                habitat for soil organisms and improve soil aggregate stability. Added
                new sentence to the Conditions Where Practice Applies section. Revised
                the Criteria section for active voice and clarity. Deleted the
                Additional Criteria to Reduce the Potential for Pathogen Transport.
                Wording change in the last sentence of the Additional Considerations to
                reduce dissolved phosphorus in surface water and ground water. Changed
                wording to active voice in the Operation and Maintenance section.
                Updated references in the Reference section.
                 Amendments for Treatment of Agricultural Waste (Code 591):
                Formatting and writing style were updated to meet current agency
                requirements. Minor revisions were made for clarity and readability
                purposes. The section on validation of the product better defines the
                criteria used by NRCS to determine what amendments are used under this
                standard. References were updated.
                 Anionic Polyacrylamide (PAM) Application (Code 450): Formatting and
                writing style were updated to meet current agency requirements. Moved
                the section ``safety and health'' from Consideration section to
                Criteria section.
                 Aquaculture Pond (Code 397): A purpose was added on reducing and
                managing discharges. Controlling invasive mollusks was added to the
                Criteria section. ``Additional Criteria for Modifying Existing
                Aquaculture Ponds'' was added. Considerations on pond sizing and lining
                for improved disease control were added.
                 Bivalve Aquaculture Gear and Biofouling Control (Code 400): There
                were no major changes to this standard. The definition was modified to
                add ``risk to species of concern.'' Two additional considerations were
                added regarding permits and licenses for beach access and operation of
                boats within shellfish operation. Plan map description was revised to
                reflect current ways to mark shellfish beds. A sub-bullet was added to
                record keeping in the Operation and Maintenance section. The References
                section was updated to delete outdated references and include new
                documents.
                 Composting Facility (Code 317): The format of the document was
                converted to the new template and some language was added on general
                benefits of composting within the Considerations and Operations and
                Maintenance sections. The compost facility standard language was
                changed to emphasize soil health. There was some clarification of the
                language of roof runoff collection and potential leachate from the
                compost. A technical requirement was added to the standard to limit
                stack height to address potential spontaneous combustion safety hazard.
                 Conservation Crop Rotation (Code 328): Minor edit to the definition
                to read ``A planned sequence of crops grown in the same location over a
                period of time (i.e., the rotation cycle).'' Added three new purposes
                (improve soil organic matter quality, improve soil aggregate stability,
                improve habitat for soil organisms) and associated criteria in response
                to the Farm Bill review. Removed the ``Provide food and cover habitat
                for wildlife, including pollinators forage and nesting'' purpose, as
                this is not a primary resource concern, but left the associated
                considerations section information. Removed reference to suitable
                substitute crops in the General Criteria section and added it as a
                bulleted item to the Plans and Specifications section. Added a new
                Consideration section titled ``Considerations to Improve Soil
                Moisture.''
                 Cross Wind Trap Strips (Code 589): Reworded the Purpose section to
                clarify the purposes of the practice. Shortened the statement in the
                Conditions Where Practice Applies section. Edited the Considerations
                section to clarify the statements. Removed the Nutrient Application
                from the Plans and Specifications section. Formatting and writing style
                were updated to meet current agency requirements.
                 Dam (Code 402): Formatting and writing style were updated to meet
                current agency requirements. Minor revisions were made for clarity and
                readability purposes.
                 Denitrifying Bioreactor (Code 605): Minor revisions were made for
                clarity and readability purposes. Design criteria were simplified based
                on the latest research and field experience.
                 Energy Efficient Building Envelope (Code 672): This document has
                been revised extensively. The name has been changed from ``Building
                Envelope Improvement'' to ``Energy Efficient Building Envelope'' to
                better reflect the improved energy efficiency purpose. The standard has
                been rewritten to better focus on energy efficiency criteria, fire
                safety, flexibility, and industry standards. The requirement for an
                ASABE S612 Type 2 energy audit has been revised to allow other
                assessment methods. Criteria was added to support prescriptive upgrades
                to simplify and streamline implementation of some instances of the
                practice. Additions were made to the Criteria and Considerations
                sections for greenhouses.
                 Energy Efficient Lighting System (Code 670): This document has been
                revised extensively. The name has been changed from ``Lighting System
                Improvement'' to ``Energy Efficient Lighting System'' to better reflect
                the improved energy efficiency purpose. The standard has been rewritten
                to better focus on energy efficiency and energy conservation versus
                performance. The requirement for an American Society of Agricultural
                and Biological Engineers standard ASABE S612 Type 2 energy audit has
                been revised to allow other assessment methods. Criteria was added to
                support prescriptive upgrades to simplify and streamline implementation
                of some instances of the practice. Additions were made to the Criteria
                and Considerations sections for greenhouses and nurseries.
                 Field Operations Emissions Reduction (Code 376): Changed the
                definition to ``Adjusting field operations and technologies to reduce
                emissions of particulate matter (PM) and oxides of nitrogen from field
                operations.'' Added the additional purpose of reduce emissions of
                oxides of nitrogen to cover the expanded definition. Changed the
                ``Condition Where Practice Applies'' to ``This practice applies to
                cropland'' since another practice exists for performing these
                activities on other land uses and it is more appropriate to focus this
                practice on cropland.
                 Forage Harvest Management (Code 511): Most changes were minor in
                nature. Added content to reflect current agency policies and science.
                The definition was reworded for improved clarity. Two new purposes were
                added including ``Optimizing soil microbial life and aggregate
                stability'' and ``Reduce soil compaction'' to address soil health
                resource concerns. The remaining purposes were reworded slightly for
                improved clarity. New additional criteria for the two new purposes were
                added. Considerations section was reworded for improved
                [[Page 16609]]
                clarity. Considerations section updated with valid new considerations.
                References were updated.
                 Grade Stabilization Structure (Code 410): Formatting and writing
                style were updated to meet current agency requirements. Minor revisions
                were made for clarity and readability purposes.
                 Grassed Waterway (Code 412): Minor revisions were made for clarity
                and readability purposes. Clarified the minimum design storm to use
                under the heading ``Stability'' in the Criteria section. Added
                clarification on the freeboard requirements in the Depth section of
                Criteria. Statements were added in the Considerations section on soil
                health management systems and organic agriculture to address comments
                received from the general Federal Register notice for review. Removed
                the requirement for a profile in the Plans and Specifications section
                to address a comment provided during the general Federal Register
                notice for review.
                 Heavy Use Area Protection (Code 561): Simplified the definition to
                provide more flexibility to standard. Added reduce soil erosion as a
                purpose. Added the wording of relocation or treatment under the
                Considerations section to allow more flexibility in addressing the
                heavy use area resource concern. Changed name of Additional Criteria
                sections to better fit purpose statement.
                 Herbaceous Weed Treatment (Code 315): One purpose statement was
                determined to be a duplicate and was deleted along with the additional
                criteria for that purpose. Terminology was changed to be consistent
                throughout the standard. An additional requirement was added to the
                Plans and Specifications section. A few wording changes were made for
                clarity and readability.
                 Herbaceous Wind Barriers (Code 603): Added a brief sentence to the
                definition. Renamed the first purpose from soil erosion to wind
                erosion. Edited the Criteria section for verbiage and clarity. Moved a
                requirement within the ``Additional Criteria to Reduce Wind Erosion and
                Particulate Matter Emissions'' to ``General Criteria.'' Edited the
                Considerations section for verbiage. Listed the items in the Operation
                and Maintenance section as bulleted items.
                 Irrigation Land Leveling (Code 464): Formatting and writing style
                were updated to meet current agency requirements. Added text to
                Criteria section to include responsibilities of the landowner and
                contractor to follow laws and regulations, obtain all necessary
                permits, and locate all utilities. Modified the standard to provide
                clarity to some requirements.
                 Irrigation Pipeline (Code 430): Formatting and writing style were
                updated to meet current agency requirements. Supplementary ASTM
                references added. Maximum pressure relief valve activation pressure
                established to allow for congruency between industry standard practice,
                sound engineering practice, and NRCS Conservation Practice Standard.
                Requirement to install backflow prevention devices where chemicals are
                added in accordance with responsible governing body has been
                established.
                 Irrigation System, Microirrigation (Code 441): Wording changes were
                made for clarity and readability. Provisions made for deficit
                irrigation. Standardized wording for injection of chemicals.
                 Irrigation Water Management (Code 449): Wording changes were made
                for clarity and readability. Remote telemetry data systems with cloud-
                based irrigation scheduling capabilities were added to the standard.
                Four supplementary publications were added to the References section
                corresponding to cutting-edge science-based technology. ``Condition
                Where Practice Applies'' section was simplified by removing policy
                statements. Criteria section was reordered to clarify criteria to use
                for timing of irrigation events and criteria to use for the volume of
                irrigation events.
                 Lined Waterway or Outlet (Code 468): Added tractive stress as
                design method based on a literature review. Updated References section.
                 Livestock Pipeline (Code 516): Revised language as needed to
                improve readability and clarity of the standard. No major technical
                changes were made, except the secondary purpose of ``Develop renewable
                energy systems'' was removed.
                 Livestock Shelter Structure (Code 576): The definition and purpose
                for the standard made it clear that this practice is to protect animals
                from negative environmental factors and to improve the distribution of
                grazing animals. Provided clarity of minimum space needed based on
                specific animal type. Regarding wind shelters, provided guidance on
                stability analysis to ensure safety of producers and livestock.
                Multiple changes and additions were made throughout the standard.
                 Pasture and Hay Planting (Code 512): The name was changed from
                ``Forage and Biomass Planting'' to ``Pasture and Hay Planting'' to
                better convey NRCS' intending purpose of the practice. Changes were
                made to reflect current agency policy and science. Air quality was
                added as a Purpose. ``Produce feedstock for biofuel production'' was
                removed as a purpose. The purpose ``Improve soil and water quality''
                was split into two purposes, ``Improve water quality'' and ``Improve
                Soil Health.'' The General Criteria section was updated to reflect the
                use of ecological site descriptions and forage suitability groups.
                Additional Criteria section was added for the three purposes added. The
                Considerations section was revised and updated to better represent the
                applicability of the standard. Plans and Specifications and References
                sections were updated to support the content and changes made.
                 Prescribed Burning (Code 338): This standard was last revised in
                2010 and needed updating to reflect new policy and science. Definition
                was changed from controlled to planned to better reflect the practice.
                Added soil health to Purposes section. Criteria section changes
                included adding smoke management and reordered to reflect burn
                planning. Split Operations and Maintenance section to reflect the
                difference between during the burn and post burn. Added and updated
                References section.
                 Pumping Plant (Code 533): Formatting and writing style were updated
                to meet current agency requirements. Moved a few sentences to more
                appropriate sections of the practice. Minor revisions were made for
                clarity and readability purposes. The ``Improve Air Quality'' purpose
                was removed as it is addressed in NRCS CPS Combustion System
                Improvement (Code 372). Also removed ``Additional Criteria for
                Improvement of Air Quality.'' This should make it clear that this
                standard is not for the purpose of replacing, repowering, or
                retrofitting a combustion engine.
                 Riparian Forest Buffer (Code 391): Formatting and writing style
                were updated to meet current agency requirements. Minor revisions were
                made for clarity and readability purposes. The Purposes section was
                updated to better correlate with resource concerns. Criteria section
                was adjusted to match changes in purposes. The References section was
                updated.
                 Rock Wall Terrace (Code 555): The name of the standard was changed
                from ``Rock Barrier'' to ``Rock Wall Terrace'' to more accurately
                describe the practice. The purposes were revised to reflect the
                conservation resource concerns for installing the practice. Editorial
                changes were made throughout the document to improve clarity and to
                remove the reference to the old practice name. Three figures were added
                to graphically display the information in the text. The option of
                allowing the drainage from the
                [[Page 16610]]
                terrace to outlet into a filtration area separately or in conjunction
                with an outlet channel was added. For a wall height greater than 3
                feet, a requirement to include a stability analysis was added.
                 Row Arrangement (Code 557): Minor editorial changes to Purposes and
                Condition Where Practice Applies sections to provide clarity. The order
                of topics in Criteria section was changed to provide a better flow of
                information. Editorial changes were made to Considerations section to
                provide context and clarity. Reference was added.
                 Saline and Sodic Soil Management (Code 610): The name of the
                standard has changed slightly from ``Salinity and Sodic Soil
                Management.'' Minor revisions were made for clarity and readability
                purposes. The Criteria section was reordered to better match criteria
                to intended purposes.
                 Saturated Buffer (Code 604): Formatting and writing style were
                updated to meet current agency requirements. Moved a few sentences to
                more appropriate sections of the practice. Minor revisions were made
                for clarity and readability purposes. In ``Conditions Where Practice
                Applies,'' changes were made to expand the applicability of the
                standard by allowing the practice to be applied to subsurface drainage
                systems with surface inlets. If the system includes surface inlets, the
                practice applies only if the inlets are adequately protected to prevent
                entry of soil and debris capable of plugging the distribution pipes.
                 Spoil Disposal (Code 572): Changed the name from ``Spoil
                Spreading'' and changed the units from acres to cubic feet. The
                Definition section was broadened to include all construction
                activities. The Purposes section was rewritten to align with resource
                concerns and the Criteria section was simplified.
                 Spring Development (Code 574): Formatting and writing style were
                updated to meet current agency requirements. Moved text in Criteria
                section to better align with the subsections. Updated Plans and
                Specifications and Operation and Maintenance sections with concise
                text. Changed the Definitions section to exclude Purpose section
                language.
                 Stormwater Runoff Control (Code 570): Changed the Definition to
                systems to control the quantity and quality of stormwater runoff.
                Reworded to remove flooding and clarify where the practice is used.
                Added emphasis for infiltration of precipitation for use in ground
                water recharge. Allowed other measures in addition to vegetative
                measures.
                 Streambank and Shoreline Protection (Code 580): Formatting and
                writing style were updated to meet current agency requirements. Minor
                revisions were made for clarity and readability purposes. References
                were also updated.
                 Surface Drain, Field Ditch (Code 607): Formatting and writing style
                were updated to meet current agency requirements. Updated Criteria
                section to include responsibilities of the landowner and contractor to
                follow laws and regulations, obtain all necessary permits, and locate
                all utilities.
                 Terrace (Code 600): Minor revisions were made for clarity and
                readability purposes. Revised the Purpose section from ``retain runoff
                for moisture conservation'' to ``manage runoff'' which includes
                stormwater management. In General Criteria, the Alignment heading was
                moved to the top, slightly reworded, and NRCS CPS Contour Farming (Code
                330) was referenced. Topsoiling was moved from Criteria to
                Considerations section as it is not always required. Removed sentences
                on underground outlets because NRCS CPS Underground Outlet (Code 620)
                is referenced and that guidance is located there. Updated Consideration
                section on establishing temporary cover on disturbed areas that will
                cropped.
                 Trails and Walkways (Code 575): Improved wording for clarity and
                readability. Added criteria for drain spacing and trail widths.
                Clarified what is to be provided in the Specifications section and
                updated the References section.
                 Tree/Shrub Site Preparation (Code 490): Formatting and writing
                style were updated to meet current agency requirements. Minor revisions
                were made for clarity and readability purposes. Criteria section was
                updated to add for avoiding or mitigating soil damage and hydrologic
                impacts, and for evaluating pesticide risks. A new consideration was
                added, plans and Specifications section was expanded to align with
                conservation plan requirements, and Operations and Maintenance section
                was expanded to include safety plans for chemical exposure. The
                References section was also updated.
                 Underground Outlet (Code 620): Minor rewording to improve
                readability. Clarified Criteria section on thrust blocking, bedding,
                and backfill requirements to evaluate for site-specific conditions.
                Revised Criteria section for maximum velocity in perforated drain
                tubing to 12 feet per second and maximum velocity in nonperforated pipe
                to follow manufacturer's recommendations. Under Outlet heading of the
                Criteria section, a table was added showing minimum lengths of outlet
                pipe required by pipe diameter. Considerations section was updated to
                add selecting vegetation species that are native, support pollinators,
                and wildlife as appropriate.
                 Vegetative Barrier (Code 601): Added new purpose, ``Reduce
                ephemeral gully erosion'' and reworded the last purpose. Changed the
                Conditions Where Practice Applies section to add gully erosion to the
                statement. Formatting and writing style were updated to meet current
                agency requirements. Changed table to add stem diameter (.35) and
                associated densities. Also changed the densities for the .5 diameter.
                 Water Harvesting Catchment (Code 636): Definition was revised to
                more clearly define practice. Purposes section was reworded to more
                directly relate to the stated resource concerns. Condition Where
                Practice Applies section was rewritten to clearly explain where
                practice may be used. Criteria section was revised and reordered to
                clearly explain the design requirements. Considerations section was
                rewritten to provide additional information for designers to consider
                when planning and designing the practice.
                 Watering Facility (Code 614): Minor revisions were made for clarity
                and readability purposes. Clarification added that this practice does
                not apply to embankment or excavated ponds. Requirements were added for
                backflow prevention when connecting to domestic or municipal water
                supplies. Requirements were added for fencing where fencing is needed.
                 Water Well (Code 642): This standard has undergone minimal changes.
                Changes in the Criteria section included adding a new ``roles and
                responsibility,'' ``screen and filter pack installation,'' and ``well
                performance aquifer testing'' criteria.
                 Well Decommissioning (Code 351): This standard has undergone
                minimal changes. Changes to the Criteria section include adding ``Laws
                and Regulation,'' ``Roles and Responsibilities,'' ``Disinfection,'' and
                ``Sealing and Collapsible Formation.'' Deleted ``Casing Grouted in
                Place'' criterion.
                Matthew Lohr,
                Chief, Natural Resources Conservation Service.
                [FR Doc. 2020-06088 Filed 3-23-20; 8:45 am]
                BILLING CODE 3410-16-P
                

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