[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Proposed Rules]
[Pages 67596-67598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33661]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SPATS No. TX-036-FOR]
Texas Regulatory Program and Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: OSM is announcing receipt of a proposed amendment to the Texas
regulatory program and abandoned mine land reclamation plan
(hereinafter the ``Texas program'') under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of
revisions to Texas' statutes pertaining to small operator assistance,
definitions, exemptions, applicability to governmental units, coal
exploration operations, prohibition on surface and coal mining, notices
of violation, improvidently issued permits, performance standards,
eligibility of land and water, and cessation orders. The amendment is
intended to revise the Texas program to be consistent with SMCRA.
This document sets forth the times and locations that the Texas
program and proposed amendment to that program are available for public
inspection, the comment period during which interested persons may
submit written comments on the proposed amendment, and the procedures
that will be followed regarding the public hearing, if one is
requested.
DATES: Written comments must be received by 4:00 p.m., c.s.t., January
28, 1998. If requested, a public hearing on the proposed amendment will
be held on January 28, 1998. Requests to speak at the hearing must be
received by 4:00 p.m., c.s.t. on January 13, 1998.
ADDRESSES: Written comments and requests to speak at the hearing should
be mailed or hand delivered to Michael C. Wolfrom, Director, Tulsa
Field Office, at the address listed below.
Copies of Texas program the proposed amendment, a listing of any
scheduled public hearings, and all written comments received in
response to this document will be available for public review at the
address listed below during normal business hours, Monday through
Friday, excluding holidays. Each requester may receive one free copy of
the proposed amendment by contacting OSM's Tulsa Field Office.
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,
Tulsa, Oklahoma 74135-6547, Telephone: (918) 581-6430.
Surface Mining and Reclamation Division, Railroad Commission of Texas,
1701 North Congress Avenue, P.O. Box 12967, Austin, Texas 78711-2967,
Telephone: (512) 463-6900.
FOR FURTHER INFORMATION CONTACT:
Michael C. Wolfrom, Director, Tulsa Field Office, Telephone: (918) 581-
6430.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
On February 16, 1980, the Secretary of the Interior conditionally
approved the Texas regulatory program. General background information
on the Texas program, including the Secretary's findings, the
disposition of comments, and the conditions of approval can be found in
February 27, 1980, Federal Register (45 FR 12998). Subsequent actions
concerning the Texas program 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
abandoned mine land reclamation 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. Description of the Proposed Amendment
By letter dated December 1, 1997 (Administrative Record No. TX-
643), Texas submitted a proposed amendment to its program pursuant to
SMCRA. Texas submitted the proposed amendment at its own initiative.
Texas proposes to amend the Texas Surface Coal Mining and Reclamation
Act (TSCMRA) to reflect changes resulting from the passage of Senate
Bills (SB) 636 and 898 by the 75th Texas Legislature. The full text of
the proposed program amendment submitted by Texas is available for
public inspection at the locations listed above under ADDRESSES. A
discussion of the proposed amendment is presented below.
1. TSCMR Sec. 134.004 Definitions (SB 898)
Texas added the following definition for the term ``applicant'' at
section 134.004(3) and renumbered the existing definitions to reflect
this addition:
Applicant means a person or other legal entity seeking a permit
from the commission to conduct surface coal mining activities or
underground mining activities under this chapter.
2. TSCMRA Sec. 134.005 Exemptions (SB 898)
Section 134.005(a) was amended by removing the exemption for
extraction of coal for commercial purposes if the surface mining
operation affects two acres or less at paragraph (2). Paragraph (3) was
renumbered (2) to reflect this deletion.
3. TSCMRA Sec. 134.008 Applicability to Governmental Units (SB 898)
The following provision was added at section 134.008 to authorize
regulation of governmental units who engage in surface coal mining
operations:
An agency, unit, or instrumentality of federal, state, or local
government, including a publicly owned utility or publicly owned
corporation of federal, state, or local government, that proposes to
engage in surface coal mining operations that are subject to this
chapter shall comply with this chapter.
4. TSCMRA Sec. 134.014 Coal Exploration Operations (SB 898)
Section 134.014 was amended by adding the following new provision
at subsection (b) and changing existing subsection (b) to (c).
A person who conducts coal exploration operations that
substantially disturb the natural land surface in violation of this
section or rule adopted under this section is subject to Sections
134.174 through 134.181.
5. TSCMRA Sec. 134.022 Prohibitions on Surface Coal Mining in Certain
Areas (SB 898)
Section 134.022(c) was amended by changing the date relating to
valid existing rights from May 9, 1979, to August 3, 1977.
6. TSCMRA Sec. 134.056 Small Mine Exemption (SB 636)
At section 134.056(2), Texas increased the amount of probable total
annual production allowed for surface coal mining operators under its
small
[[Page 67597]]
operator assistance program from 100,000 to 300,000 tons.
7. TSCMRA Sec. 134.068 Schedule of Notices of Violations (SB 898)
Texas revised section 134.068(a) by requiring the applicant to file
with the application a schedule listing any notices of violations of
this chapter, the Federal Act, a Federal regulation or Federal or State
program adopted under the Federal Act, or another law, rule, or
regulation of the United States, this State, or a department or agency
in the United States pertaining to air or water environmental
protection. Texas also deleted the language ``in this state'' from the
phrase ``in connection with a surface coal mining operation in this
state.'' At section 134.068(b), the language ``applicant shall include
in the schedule'' was removed and the language ``schedule must
indicate'' was added.
8. TSCMRA Sec. 134.069 Effect or Past or Present Violation (SB 898)
Texas amended section 134.069(a) by removing paragraph (2), which
allowed the commission to issue a permit to an applicant who had an
unabated violation if the applicant was contesting the notice of
violation. Texas amended section 134.069(b) by adding language that
referenced this chapter and other laws in Section 134.068 in relation
to a demonstrated pattern of willful violations.
9. TSCMRA Sec. 134.084 Suspension or Rescission of Improvidently
Issued Permit (SB 898)
Texas added the following new provision at section 134.084:
(a) The commission may suspend or rescind an improvidently
issued permit under rules adopted by the commission.
(b) A rule adopted by the commission under this section must be
consistent with and not less effective than a regulation adopted
under the federal Act.
(c) Except as provided by Subsection (d), Chapter 2001,
Government Code, does not apply to an action by the commission under
this section to suspend or rescind an improvidently issued permit.
A permit holder who is given notice of suspension or rescission
of an improvidently issued permit under this section may file an
appeal for administrative review of the notice as provided by
commission rules. The review is governed by Chapter 2001, Government
Code.
10. TSCMRA Sec. 134.092 Performance Standards (SB 898)
Texas amended section 134.092(a)(3) by adding the language ``all
highwalls, spoil piles, and'' after the word ``with'' in the phrase
``to restore the approximate original contour of the land with
depressions eliminated.''
11. TSCMRA Sec. 134.142 Eligibility of Land and Water (SB 636)
Texas amended section 134.142 by removing its existing criteria at
paragraphs (1) through (3) for determining if land and water are
eligible for reclamation or abatement under its abandoned mine land
reclamation program and adding the following new criteria:
Land and water are eligible for reclamation or abatement
expenditures under this subchapter if the land and water are
eligible for reclamation or abatement expenditures under the federal
Act.
12. TSCMRA Sec. 134.163 Terms of Cessation Order (SB 898)
At section 134.163(1), Texas added the language ``condition,
practice, or'' after the word ``the'' in the phrase ``determines the
violation has been abated.''
III. Public Comment Procedures
In accordance with the provisions of 30 CFR 732.17(h), OSM is
seeking comments on whether the proposed amendment satisfies the
applicable program approval criteria of 30 CFR 732.15. If the amendment
is deemed adequate, it will become part of the Texas program.
Written Comments
Written comments should be specific, pertain only to the issues
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time indicated
under DATES or at locations other than the Tulsa Field Office will not
necessarily be considered in the final rulemaking or included in the
Administrative Record.
Public Hearing
Persons wishing to speak at the public hearing should contact the
person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m.,
c.s.t. on January 13, 1998. The location and time of the hearing will
be arranged with those persons requesting the hearing. Any disabled
individual who has need for a special accommodation to attend a public
hearing should contact the individual listed under FOR FURTHER
INFORMATION CONTACT. If no one requests an opportunity to speak at the
public hearing, the hearing will not be held.
Filing of a written statement at the time of the hearing is
requested as it will greatly assist the transcriber. Submission of
written statements in advance of the hearing will allow OSM officials
to prepare adequate responses and appropriate questions.
The public hearing will continue on the specified date until all
persons scheduled to speak have been heard. Persons in the audience who
have not been scheduled to speak, and who wish to do so, will be heard
following those who have been scheduled. The hearing will end after all
persons scheduled to speak and persons present in the audience who wish
to speak have been heard.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. Persons
wishing to meet with OSM representatives to discuss the proposed
amendment may request a meeting by contacting the person listed under
FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the
public and, if possible, notices of meetings will be posted at the
locations listed under ADDRESSES. A written summary of each meeting
will be made a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 12866
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Executive Order 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
[[Page 67598]]
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
counterpart Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
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.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 17, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-33661 Filed 12-24-97; 8:45 am]
BILLING CODE 4310-05-M
