[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Proposed Rules]
[Pages 7145-7147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3435]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SPATS No. TX-045-FOR]
Texas Regulatory Program
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 an amendment to the Texas
regulatory program (Texas program) under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA). Texas proposes revisions to
regulations concerning air pollution control plans; reclamation plans:
general requirements; air resources protection; stabilization of
surface areas; and coal
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processing plants: performance standards. Texas intends to revise its
program to be consistent with the corresponding Federal regulations.
This document gives the times and locations that the Texas program
and the amendment to that program are available for your inspection,
the comment period during which you may submit written comments on the
amendment, and the procedures that will be followed for the public
hearing, if one is requested.
DATES: We will accept written comments until 4:00 p.m., c.s.t., March
15, 1999. If requested, we will hold a public hearing on the amendment
on March 9, 1999. We will accept requests to speak at the hearing until
4:00 p.m., c.s.t. on March 1, 1999.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Michael C. Wolfrom, Director, Tulsa
Field Office, at the address listed below.
You may review copies of the Texas program, the amendment, a
listing of any scheduled public hearings, and all written comments
received in response to this document at the addresses listed below
during normal business hours, Monday through Friday, excluding
holidays. You may receive one free copy of the amendment by contacting
OSM's Tulsa Field Office.
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface
Mining, 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.
Internet:mwolfrom@mcrgw.osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
On February 16, 1980, the Secretary of the Interior conditionally
approved the Texas program. You can find background information on the
Texas program, including the Secretary's findings, the disposition of
comments, and the conditions of approval in the February 27, 1980,
Federal Register (45 FR 12998). You can find later actions concerning
the Texas program at 30 CFR 943.10, 943.15, and 943.16.
II. Description of the Proposed Amendment
By letter dated January 28, 1999 (Administrative Record No. TX-
647), Texas sent us an amendment to its program under SMCRA. The
amendment includes changes made at Texas' own initiative. Texas
proposes to amend the Texas Coal Mining Regulations. Below is a summary
of the changes proposed by Texas. The full text of the program
amendment is available for your inspection at the locations listed
above under ADDRESSES.
The amendment revises the following topics and sections of the
Texas Coal Mining Regulations:
1. Section 12.143 Air Pollution Control Plan (Surface Mining).
Texas proposes to update reference citations for applicable
performance standards in paragraphs (a)(2), (b)(1) and (b)(2).
2. Section 12.145 and Section 12.187 Reclamation Plan: General
Requirements (Surface Mining and Underground Mining, respectively).
Texas proposes to update and change one of the reference citation
titles in paragraph (b)(3) of both sections from ``Regrading or
Stabilizing Rills and Gullies'' to ``Stabilization of Surface Areas.''
3. Section 12.199 Air Pollution Control Plan (Underground Mining).
Texas proposes to update the reference citation for applicable
performance standards in paragraph (2). The updated reference citation
is Section 12.554 Stabilization of Surface Areas.
4. Section 12.379 and Section 12.546 Air Resources Protection
(Surface Mining and Underground Mining, respectively).
Texas proposes to delete these two sections from its regulations.
5. Section 12.389 and Section 12.554 Regrading or Stabilizing Rills
and Gullies (Surface Mining and Underground Mining, respectively).
Texas proposes to change the name of these two sections from
``Regrading or Stabilizing Rills and Gullies'' to ``Stabilization of
Surface Areas.'' Texas also proposes to delete the existing language in
these sections and replace it with the following language:
(a) All exposed surface areas shall be protected and stabilized to
effectively control erosion and air pollution attendant to erosion.
(b) Rills and gullies, which form in areas that have been regraded
and topsoiled and which either:
(1) Disrupt the approved postmining land use or the reestablishment
of the vegetative cover; or
(2) Cause or contribute to a violation of water-quality standards
for receiving streams; shall be filled, regraded or otherwise
stabilized; topsoil shall be replaced; and the areas shall be reseeded
or replanted.
6. Section 12.651 Coal Processing Plants: Performance Standards
(Surface Mining).
Texas proposes to delete the existing language in paragraph (9) and
replace it with the following language:
(9) Erosion and air pollution attendant to erosion shall be
controlled in accordance with Sec. 12.389 of this title (relating to
Stabilization of Surface Areas);
Texas also proposes to update and change one of the reference
citation titles from ``Regrading or Stabilizing Rills and Gullies'' to
``Stabilization of Surface Areas.''
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are requesting
comments on whether the proposed amendment satisfies the applicable
program approval criteria of 30 CFR 732.15. If we approve the
amendment, it will become part of the Texas program.
Written Comments
Your written comments should be specific and pertain only to the
issues proposed in this rulemaking. You should explain the reason for
any recommended change. In the final rulemaking, we will not
necessarily consider or include in the Administrative Record any
comments received after the time indicated under DATES or at locations
other than the Tulsa Field Office.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.s.t. on
March 1, 1999. We will arrange the location and time of the hearing
with those persons requesting the hearing. If you are disabled and need
special accommodation to attend a public hearing, contact the
individual listed under FOR FURTHER INFORMATION CONTACT. We will not
hold the hearing if no one requests an opportunity to speak at the
public hearing.
You should file a written statement at the time you request the
hearing. This will allow us 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. If
you are in the audience and have not been scheduled to speak and wish
to do so, you will be allowed to speak after
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those who have been scheduled. We will end the hearing 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,
we may hold a public meeting, rather than a public hearing. If you wish
to meet with us to discuss the amendment, request a meeting by
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All
such meetings are open to the public and, if possible, we will post
notices of meetings at the locations listed under ADDRESSES. We will
also make a written summary of each meeting part of the Administrative
Record.
IV. Procedural Determinations
Executive Order 12866
The Office of Management and Budget (OMB) exempts this rule from
review 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 program is
drafted and published 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 State regulatory programs and
program amendments 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
This rule does not require an environmental impact statement since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on 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. Therefore, this rule will ensure that existing requirements
previously published 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 under 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: February 4, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-3435 Filed 2-11-99; 8:45 am]
BILLING CODE 4310-05-P
