[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Rules and Regulations]
[Pages 19821-19823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10633]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SPATS No. TX-040-FOR]
Texas Regulatory Program and Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: OSM is approving a proposed amendment to the Texas regulatory
program and abandoned mine land reclamation (hereinafter referred to as
the ``Texas program'') under the Surface Mining Control and Reclamation
Act of 1977 (SMCRA). The amendment consists of recodification of the
Texas Coal Mining Regulations into the Texas Administrative Code at
Title 16, Chapter 12. The amendment is intended to conform the Texas
Coal Mining Regulations to Texas Administrative Code formatting syntax,
to correct typographical errors, and to allow for the publication of
the rules in the Texas Administrative Code in full text rather than by
reference.
EFFECTIVE DATE: April 22, 1998.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office, Office of Surface Mining Reclamation and Enforcement,
5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6548,
Telephone: (918) 581-6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
I. Background on the Texas Program
On February 16, 1980, the Secretary of the Interior conditionally
approved the Texas program. Background information on the Texas
program, including the Secretary's findings, the disposition of
comments, and the conditions of approval can be found in the February
27, 1980, Federal Register (45 FR 12998). Subsequent actions concerning
the conditions of approval and program amendments can be found at 30
CFR 943.10, 943.15, and 943.16.
On June 23, 1980, the Secretary of the Interior approved the Texas
plan. Background information on the Texas plan, including the
Secretary's findings, the disposition of comments, and the approval of
the plan can be found in the June 23, 1980, Federal Register (45 FR
41937). Subsequent actions concerning the Texas plan and amendments to
the plan can be found at 30 CFR 943.25.
II. Submission of the Proposed Amendment
By letter dated January 23, 1998 (Administrative Record No. TX-
645), Texas submitted a proposed amendment to its program pursuant to
SMCRA. Texas submitted the proposed amendment at its own initiative.
Texas proposed to repeal Sec. 11.221 at Title 16 of the Texas
Administrative Code (TAC), which adopts by reference the Texas Coal
Mining Regulations (TCMR), and to recodify these regulations into the
Texas Administrative Code at Title 16, Chapter 12 in full text.
OSM announced receipt of the proposed amendment in the February 13,
1998, Federal Register (63 FR 7356), and in the same document opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the proposed amendment. The
public comment period closed on March 16, 1998. Because no one
requested a public hearing or meeting, none was held.
During its review of the amendment, OSM identified concerns
relating to minor wording errors, typographical errors, and citation
reference errors. OSM notified Texas of these concerns by fax dated
March 5, 1998, and by letter dated March 10, 1998 (Administrative
Record Nos. TX-645.05 and TX-645.07, respectively). By letter dated
March 25, 1998 (Administrative Record No. TX-645.10), Texas responded
to OSM's concerns by submitting revisions to its proposed program
amendment that correct all of the errors identified. Because the
revisions pertained to the correction of nonsubstantive editorial-type
errors, OSM did not reopen the public comment period.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 732.15 and 732.17, are the Director's findings concerning the
proposed amendment.
Recodification of Texas' Regulations. Texas proposed to codify TCMR
Parts 700 through 850, pertaining to surface coal mining and
reclamation operations, at 16 TAC Secs. 12.1 through 12.710. Texas also
proposed to codify TCMR Secs. 051.800 through 051.817, pertaining to
the Texas abandoned mine land reclamation program, at 16 TAC
Secs. 12.800 through 12.817. Texas proposed the simultaneous repeal of
16 TAC Sec. 11.221 and adoption of the new sections at 16 TAC Chapter
12 for the purpose of renumbering the existing regulations and
incorporating the text into the Texas Administrative Code. No
requirements were proposed to be added to or deleted from the existing
regulations. Minor changes to the existing regulations were proposed to
conform them to the Texas Administrative Code formatting syntax; to
update information on addresses; to correct grammar, punctuation, and
capitalization errors; and to update internal references.
The Director finds that the proposed recodification is
nonsubstantive in nature and Texas' proposed regulations at 16 TAC
Chapter 12 are no less effective than the Federal regulations.
Therefore, the Director is approving the recodification of Texas'
regulations.
IV. Summary and Disposition of Comments
Public Comments
OSM solicited public comments on the proposed amendment, but none
were received.
Federal Agency Comments
Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited
comments on the proposed amendment from various Federal agencies with
an actual or potential interest in the Texas program (Administrative
Record No. TX-645.03). On February 23, 1998 (Administrative Record No.
TX-645.08), the U.S. Army Corps of Engineers' commented that the
proposed amendment was satisfactory.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the
written concurrence of the EPA with respect to those provisions of the
proposed program amendment that relate to air or water quality
standards promulgated
[[Page 19822]]
under the authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or
the Clean Air Act (42 U.S.C. 7401 et seq.). None of the revisions that
Texas proposed to make in this amendment pertain to air or water
quality standards. Therefore, OSM did not request the EPA's
concurrence.
Pursuant to 732.17(h)(11)(i), OSM solicited comments on the
proposed amendment from the EPA (Administrative Record No. TX-645.01).
The EPA responded on March 6, 1998 (Administrative Record No. TX-
645.09), with the following comments relating to impacts to streams and
wetlands.
Sec. 12.134 Soil Resources Information. EPA commented that when the
soils are delineated and identified, it would be helpful if they were
listed as hydric or non-hydric.
Texas' regulations at Sec. 12.134 are substantively identical to
the Federal regulations at 30 CFR 779.21. Therefore, no changes to
Texas' regulations may be required by OSM.
Sec. 12.144 Fish and Wildlife Plan. EPA commented that this section
mentions wetlands in the requirements for protection and enhancement of
wildlife habitat and recommended that a separate section be included
specifically dealing with wetlands and streams. EPA commented that the
separate section should include a description of how the operator will
avoid and minimize impacts to wetlands and streams and steps that will
be taken to compensate for unavoidable impacts to wetlands and streams,
with at least one-to-one compensation for all lost wetland functions.
Texas' regulations at Sec. 12.144 are substantively identical to
the Federal regulations at 30 CFR 780.16(b). Therefore, no changes to
Texas' regulations may be required by OSM.
General. EPA commented that discharge of dredged or fill material
into waters of the U.S. (including most streams and wetlands) require
authorization from the U.S. Army Corps of Engineers under Sec. 404 of
the Clean Water Act. The operators should be required to contact the
nearest Corps office before beginning operations to obtain the
necessary authorization.
The Texas program includes substantively identical counterparts to
the Federal regulations relating to protection of the hydrologic
balance and sediment control measures. This includes counterparts to
the Federal regulations at 30 CFR 816.42 and 817.42 that require
discharges of water from areas disturbed by surface mining activities
shall be made in compliance with all applicable State and Federal water
quality laws and regulations. Therefore, no changes to Texas'
regulations may be required by OSM.
Texas proposed only to renumber and add its regulations to the
Texas Administrative Code in this amendment. No substantive changes to
the previously approved regulations were proposed. However, EPA's
comments were forwarded to Texas for consideration in a future
rulemaking.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit
comments on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
TX-645.02). Neither the SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Texas on January 23, 1998, and as revised on
March 25, 1998.
The Director approves the regulations as proposed by Texas with the
provision that they be fully promulgated in identical form to the
regulations submitted to and reviewed by OSM and the public.
The Federal regulations at 30 CFR Part 943, codifying decisions
concerning the Texas program, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State program amendment process and to encourage States to
bring their programs into conformity with the Federal standards without
undue delay. Consistency of State and Federal standards is required by
SMCRA.
VI. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
determined that, to the extent allowed by law, this rule meets the
applicable standards of subsections (a) and (b) of that section.
However, these standards are not applicable to the actual language of
State regulatory programs and program amendments since each such
program is drafted and promulgated by a specific State, not by OSM.
Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 30
CFR 730.11, 732.15, and 732.17(h)(10), decisions on proposed State
regulatory programs and program amendments submitted by the States must
be based solely on a determination of whether the submittal is
consistent with SMCRA and its implementing Federal regulations and
whether the other requirements of 30 CFR Parts 730, 731, and 732 have
been met.
National Environmental Policy Act
No environmental impact statement is required for this rule since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the corresponding Federal regulations.
Unfunded Mandates
OSM has determined and certifies pursuant to the Unfunded Mandates
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a
cost of $100 million or more in any given year on local, state, or
tribal governments or private entities.
[[Page 19823]]
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 10, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 943 is amended
as set forth below:
PART 943--TEXAS
1. The authority citation for Part 943 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 943.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 943.15 Approval of Texas regulatory program amendments.
* * * * *
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Original amendment submission Date of final Citation/
date publication description
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* * * * *
January 23, 1998................ April 22, 1998.... Recodification; 16
TAC 12.1 through
12.710.
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3. Section 943.25 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 943.25 Approval of Texas abandoned mine land reclamation plan
amendments.
* * * * *
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Original amendment submission Date of final Citation/
date publication description
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* * * * *
January 23, 1998................ April 22, 1998.... Recodification; 16
TAC 12.800
through 12.817.
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[FR Doc. 98-10633 Filed 4-21-98; 8:45 am]
BILLING CODE 4310-05-M
