[Federal Register Volume 64, Number 84 (Monday, May 3, 1999)]
[Rules and Regulations]
[Pages 23540-23542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11034]
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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: Final rule; approval of amendment.
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SUMMARY: OSM is approving an amendment to the Texas regulatory program
(Texas program) under the Surface Mining Control and Reclamation Act of
1977 (SMCRA). Texas proposed deletions, revisions, and addition of
regulations concerning air pollution control plans; reclamation plans:
general requirements; air resources protection; stabilization of
surface areas; and coal processing plants: performance standards. Texas
intends to bring its regulations into alignment with Federal
regulations that were revised in 1983.
EFFECTIVE DATE: May 3, 1999.
FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa
Field Office, Office of Surface Mining, 5100 East Skelly Drive, Suite
470, Tulsa, Oklahoma 74135-6548. Telephone: (918) 581-6430. Internet:
mwolfrom@mcrgw.osmre.gov.
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. 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. Submission 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 included changes to the Texas Administrative Code (TAC) made
at Texas' own initiative.
We announced receipt of the amendment in the February 12, 1999
Federal Register (64 FR 7145). In the same document, we 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 15, 1999. Because no one requested a
public hearing or meeting, we did not hold one.
III. Director's Findings
Following, under SMCRA and the Federal regulations at 30 CFR 732.15
and 732.17, are our findings concerning the amendment.
A. Regulations Deleted From Texas' Program
1. Sections 12.379 and 12.546, Air Resources Protection (Surface and
Underground Mining, Respectively)
Texas proposed to delete the above regulations. The Federal
counterparts to these State regulations were previously found at 30 CFR
816.95 and 817.95 for surface and underground mining, respectively. We
deleted these Federal counterpart regulations from our own regulations.
See the Federal Register dated January 10, 1983 (48 FR 1163).
Therefore, we are approving the deletion of the above Texas
regulations.
2. Sections 12.389 and 12.554, Regrading or Stabilizing Rills and
Gullies (Surface and Underground Mining, Respectively)
Texas proposed to delete the above regulations. The Federal
counterparts to these State regulations were previously found at 30 CFR
816.106 and 817.106 for surface and underground mining, respectively.
We deleted these Federal counterpart regulations from our own
regulations. See the Federal Register dated January 10, 1983 (48 FR
1163). Therefore, we are approving the deletion of the above Texas
regulations.
B. Revisions to Texas' Regulations That Have the Same Meaning as the
Corresponding Provisions of the Federal Regulations
The State regulations listed in the table below contain language
that is the same as or similar to the corresponding sections of the
Federal regulations. Differences between the State regulations and the
Federal regulations are minor.
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State regulation
Topic (TAC) Federal counterpart regulation (30 CFR)
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Air pollution control plan.. Sections 780.15(a)(2), (b)(1) and (b)(2); 784.26(b).
12.143(a)(2),
(b)(1) and (b)(2);
12.199(2).
Stabilization of surface Sections 12.389 and 816.95 and 817.95.
areas. 12.554.
Coal processing plants: Section 12.651(9)... 827.12(j).
performance standards.
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Because the above State regulations have the same meaning as the
corresponding Federal regulations, we find that they are no less
effective than the Federal regulations.
C. Revisions to Texas' Regulations That Are Not the Same as the
Corresponding Provisions of the Federal Regulations
1. Sections 12.145 and 12.187, Reclamation Plan: General Requirements
(Surface and Underground Mining, Respectively) [30 CFR 780.18(a)(3) and
784.13(b)(3)]
Texas proposed to update and change one of the reference citation
titles in paragraph (b)(3) from ``Regrading or Stabilizing Rills and
Gullies'' to ``Stabilization of Surface Areas.'' We are approving this
change because it is not inconsistent with our Federal regulations at
30 CFR 780.18(a)(3) and 784.13(b)(3).
[[Page 23541]]
2. Section 12.651, Coal Processing Plants: Performance Standards
Texas proposed to update and change one of the reference citation
titles in paragraph (13) from ``Regrading or Stabilizing Rills and
Gullies'' to ``Stabilization of Surface Areas.'' We are approving this
change because it is not inconsistent with our Federal regulations at
30 CFR 827.12(1).
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment. In a letter dated
March 12, 1999 (Administrative Record No. TX-647.07), Texas Utilities
Services, Inc. states that it strongly supports the proposed
amendments.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from various Federal agencies with an actual or potential
interest in the Texas program (Administrative Record No. TX-647.03). In
a letter dated February 12, 1999 (Administrative Record No. TX-647.05),
the U.S. Army Corps of Engineers responded that it found the amendment
satisfactory. In a letter dated February 22, 1999 (Administrative
Record No. TX-647.06), the U.S. Department of Agricultural Natural
Resources Conservation Service responded that it had no comments
pertaining to the revised regulations.
Environmental Protection Agency (EPA)
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
agreement from the EPA for those provisions of the program amendment
that relate to air or water quality standards promulgated 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, we did not ask the EPA to agree on the amendment.
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from the EPA (Administrative Record No. TX-647.01), The EPA
did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On February 2, 1999, we requested comments on Texas'
amendment (Administrative Record No. TX-647.02), but neither responded
to our request.
V. Director's Decision
Based on the above findings, we approve the amendment as sent to us
by Texas on January 28, 1999. We approve the regulations that Texas
proposed with the provisions that they be published in identical form
to the regulations sent to and reviewed by OSM and the public.
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 943, which codify decisions concerning the Texas
program. We are making this final rule effective immediately to speed
the State program amendment process and to encourage Texas to bring its
program into conformity with the Federal standards. SMCRA requires
consistency of State and Federal standards.
VI. 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: April 16, 1999.
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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[[Page 23542]]
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Date of final
Original amendment submission date publication Citation/description
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January 28, 1999..................... May 3, 1999............ Sections 12.143(a)(2), (b)(1) and (b)(2);
.145(b)(3); .187(b)(3); .199(2); .379; .389;
.546; .554; and .651(9) and (13).
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[FR Doc. 99-11034 Filed 4-30-99; 8:45 am]
BILLING CODE 4310-05-M
