[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Proposed Rules]
[Pages 44260-44264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21861]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 943
[SPATS No. TX-017-FOR]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: Proposed Rule; Reopening and extension of public comment period
on proposed amendment.
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SUMMARY: OSM is announcing receipt of revisions pertaining to a
previously proposed amendment to the Texas regulatory program
(hereinafter, the ``Texas program'') under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA). The revisions of Texas' proposed
rules pertain to exemption for coal extraction incidental to the
extraction of other minerals; surface water information; protection of
hydrologic balance; permitting; siltation structures; impoundments;
revegetation; definitions; lands unsuitable for mining; areas
designated by act of congress; prime farmland; notices of violation,
hydrology and geology requirements; use of explosives; bond release;
assessment of civil penalties; and individual civil penalties. Texas
also proposed nonsubstantive changes in wording, numbering, and
punctuation of its rules. The amendment is intended to revise the State
program to be consistent with the corresponding Federal regulations.
This notice sets forth the times and locations that the Texas
program and revisions to the proposed amendment to that program are
available for public inspection, and the reopened comment period during
which interested persons may submit written comments on the proposed
amendment.
DATES: Written comments must be received by 4:00 p.m., c.d.t.,
September 27, 1996.
ADDRESSES: Written comments should be mailed or hand delivered to Mr.
Jack R. Carson, Acting Director, Tulsa Field Office, at the address
listed below.
Copies of the Texas program, the proposed amendment, and all
written comments received in response to this notice will be available
for public review at the addresses 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.
Jack R. Carson, Acting 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.
Railroad Commission of Texas, Surface Mining and Reclamation Division,
1701 North Congress Avenue, P.O. Box 12967, Austin, Texas, 78711-2967,
Telephone: (512) 463-6900.
FOR FURTHER INFORMATION CONTACT:
Mr. Jack R. Carson, Acting 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 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 the February
27, 1980, Federal Register (45 FR 12998). Subsequent actions concerning
the Texas program and program amendments can be found at 30 CFR 943.10,
943,15, and 943.16.
II. Proposed Amendment
By letter dated May 13, 1993 (Administrative Record No. TX-551),
Texas submitted a proposed amendment to its program pursuant to SMCRA.
Texas submitted the proposed amendment in response to letters dated May
20, 1985; June 9, 1987; October 20, 1988; February 7, 1990; and
February 21, 1990 (Administrative Record Nos. TX-358, TX-388, TX-417,
TX-472, and TX-476), that OSM sent to Texas in accordance with 30 CFR
732.17(c) and in response to the required program amendments at 30 CFR
943.16(k) through (q). OSM announced receipt of the proposed amendment
in the June 21, 1993, Federal Register (58 FR 33785), provided an
opportunity for a public hearing or meeting on its substantive
adequacy, and invited public comment on the adequacy of the amendment
(Administrative Record No. TX-556). The public comment period would
have closed July 21, 1993. However, by letter dated July 16, 1993, the
Texas Mining and Reclamation Association requested a 30-day extension
of time in which to review and provide comments on the proposed
amendment (Administrative Record No. TX-563). OSM announced receipt of
the extension request and reopened the comment period in the August 16,
1993, Federal Register (58 FR 43308). The extended public comment
period ended August 20, 1993.
During its review of the May 13, 1993, proposed amendment, OSM
identified concerns relating to several of the proposed regulations.
OSM notified Texas of its concerns by letter dated July 25, 1994
(Administrative Record No. TX-578). Further Clarification of OSM's
concerns were provided to Texas by letters dated November 4, 1994,
November 21, 1994, and January 18, 1995 (Administrative Record Nos. TX-
581, TX-589, and TX-585). Texas responded in a letter dated September
18, 1995, by submitting a revised amendment package (Administrative
Record No. TX-598). OSM announced receipt of the proposed amendment in
the October 25, 1995, Federal Register (60 FR 54620) and invited public
comment on the adequacy of the amendment. The public comment period
closed November 9, 1995.
During its review of the September 18, 1995, revised amendment, OSM
identified concerns relating to several of the proposed regulations.
OSM notified Texas of its concerns by letter dated June 18, 1996,
(Administrative Record No. TX-614). Texas responded in a letter dated
July 31, 1996, by submitting a revised amendment package
(Administrative Record No. TX-621). Texas proposed revisions to its
September 18, 1995, revised amendment submittal; proposed to include in
its approved program new and revised regulations that were adopted in
State rulemaking at Surface Mining and Reclamation Division (SMRD) 1-
87, SMRD 2-87, and SMRD 2-88; and proposed editorial corrections
throughout its regulations. The substantive proposals are discussed
below.
A. Revisions to September 18, 1995, Revised Amendment
1. TCMR Part 709 Exemption for Coal Extraction Incidental to the
Extraction of Other Minerals
a. At TCMR 709.027(f) [originally proposed as TCMR 702.11(f)],
Texas proposes to revise the provisions pertaining to administrative
review of its determinations on exemptions for coal extraction
incidental to the extraction of other minerals by deleting paragraph
(f)(2) and revising paragraph (f)(1) as follows:
(f) Appeal and review. Any adversely affected person may request
appeal or review of a determination under Paragraph (e) of this
Section in accordance with procedures established under Section
787.222 of this chapter.
b. At TCMR 709.033(c) [originally proposed as TCMR 702.17(c)],
Texas proposes to revise the provisions pertaining to revocation of an
[[Page 44261]]
exemption for coal extraction incidental to the extraction of other
minerals by deleting paragraph (c)(3) and revising paragraph (c)(2) as
follows:
Any adversely affected person may request appeal or review of a
decision whether to revoke an exemption in accordance with
procedures established under Section 787.222 of this chapter.
2. TCMR 779.129 (Surface) and TCMR 783.175 (Underground) Surface Water
Information
At TCMR 779.129 and 783.175, Texas proposes to require the name,
location, ownership, and description of all surface water bodies in the
proposed permit and adjacent areas. Texas also proposes to require
information on surface-water quantity and quality sufficient to
demonstrate seasonal variation and water usage.
3. TCMR 780.146 (Surface) and TCMR 784.188 (Underground) Reclamation
Plan: Protection of Hydrologic Balance
a. At TCMR 780.146(a), Texas proposed to add references to Sections
816.340 and 816.341. At TCMR 784.188(a), Texas proposes to add
references to sections 817.509-.511, 817.516, and 817.518-23.
b. At TCMR 780.146(d)(5), Texas proposes to add references to
Sections 779.128 and 779.129. At TCMR 784.188(d)(5) Texas proposes to
add references to Sections 783.174 and 783.175. The following provision
was added to both TCMR 780.146(d)(5) and 784.188(d)(5).
Information shall be provided on water availability and
alternative water sources, including the suitability of alternative
water sources for existing premining uses and approved postmining
land uses.
4. TCMR 786.220 Conditions of Permits: General and Right of Entry
At TCMR 786.220(d), Texas proposes to add language that requires
operators to pay all reclamation fees required by 30 CFR Subchapter R.
5. TCMR 817.514 (Underground) Hydrologic Balance: Siltation Structures
At TCMR 817.514, Texas proposes to remove the language ``in
Paragraph (c)(2)(ii) of this section, except as set forth.''
6. TCMR 816.347 (Surface) and TCMR 817.517 (Underground) Hydrologic
Balance: Permanent and Temporary Impoundments
Texas proposes to revise TCMR 816.347(a)(5) and 817.517(a)(5) to
add language requiring impoundments to have adequate freeboard so as to
resist overtopping by waves and by sudden increases in storage volume.
7. TCMR 816.390 (Surface) and TCMR 817.555 (Underground) Revegetation:
General Requirements
Texas proposes to remove the current language from these sections
and add the following new language.
(a) The permittee shall establish on regraded areas and on all
other disturbed areas except water areas and surface areas of roads
that are approved as part of the postmining land use, a vegetative
cover that is in accordance with the approved permit and reclamation
plan and that is--
(1) Diverse, effective, and permanent;
(2) Comprised of species native to the area, or of introduced
species where desirable and necessary to achieve the approved
postmining land use and approved by the Commission;
(3) At least equal in extent of cover to the natural vegetation
of the area; and
(4) Capable of stabilizing the soil surface from erosion.
(b) The reestablished plan species shall--
(1) Be compatible with the approved postmining land use;
(2) Have the same seasonal characteristics of growth as the
original vegetation;
(3) Be capable of self-regeneration and plant succession;
(4) Be compatible with the plant and animal species of the area;
and
(5) Meet the requirements of applicable State and Federal seed,
poisonous and noxious plant, and introduced species laws or
regulations.
(c) The Commission may grant exception to the requirements of
Paragraphs (b)(2) and (b)(3) of this Section when the species are
necessary to achieve a quick-growing, temporary, stabilizing cover,
and measures to establish permanent vegetation are included in the
approved permit and reclamation plan.
(d) When the Commission approves a cropland postmining land use,
the Commission may grant exception to the requirements of Paragraphs
(a)(1), (a)(3), (b)(2), and (b)(3) of this Section. The requirements
of Part 823 of this Chapter apply to areas identified as prime
farmland.
8. Texas is withdrawing its proposed revegetation guidelines
entitled ``Field Sampling Procedures for Determining Ground Cover,
Productivity, and Woody-Plant Stocking Success of Reclaimed Surface
Mined Land Uses; Revegetation Success Standards for Reclaimed Surface
Mined Land Uses; and Normal Husbandry Practices on Unmined Land.''
B. SMRD 1-87. Texas proposes to include in its approved program the
following regulations as added or revised in State rulemaking SMRD 1-
87.
1. TCMR 701.008 Definitions
The definitions for ``cropland'' at TCMR 701.008(25),
``historically used for cropland'' at TCMR 701.008(41), ``prime
farmland'' at TCMR 701.008(67), ``soil horizons'' at TCMR 701.008(84),
and ``topsoil'' at TCMR 701.008(95) were revised.
2. TCMR Part 760 Lands Unsuitable for Mining--General
a. TCMR 760.069, Objectives. Texas replaced the currently approve
language in TCMR 760.069 with the following language.
This Subchapter establishes the procedures and standards to be
followed in determining whether a proposed surface coal mining and
reclamation operation can be authorized in light of the prohibitions
and limitations in Section 33 of the Act for those types of
operations on certain public and private lands.
b. TCMR 760.070, Definitions. Texas numbered its definitions TCMR
760.070 (1) through (14); added a new definition for ``owner of
record'' or ``ownership interest of record'' at TCMR 760.070(5) and
``publicly-owned park'' at TCMR 760.070(9); and made nonsubstantive
paragraph notation and wording changes to its definitions for ``public
building'' at TCMR 760.070(6), ``public park'' at TCMR 760.070(7), and
``significant recreational, timber, economic, or other values
incompatible with surface coal mining operations'' at TCMR 760.070(11).
3. TCMR Part 761 Areas Designated by Act of Congress
a. TCMR 761.071, Areas Where Mining is Prohibited or Limited. Texas
added a new provision at TCMR 761.071(b) concerning prohibition of
mining on Federal lands; added a new provision at TCMR 761.071(e)(2)
concerning an exception to the prohibition of mining within 300 feet of
an occupied dwelling for specific haul roads or access roads; and made
nonsubstantive editorial or wording changes at redesignated TCMR
761.071(c), (d)(2), (e), (e)(1), (f), and (g).
b. TCMR 761.072 Procedures for Determining Whether Surface Mining
Operations are Limited or Prohibited. Texas made nonsubstantive
editorial and wording changes to TCMR 761.072(a), (b), (c), (d)(1),
(d)(2), (d)(3), (g), and (h); made substantive revisions to TCMR
761.072(d)(4) concerning a written finding as to whether the interest
of the public and affected landowners will be protected from the
proposed mining operation; added a new provision at TCMR 761.072(d)(4)
pertaining to mining within 100 feet of the outside right-of-way line
of a road and relocation or closure of a road; made substantive
revisions to TCMR 761.072(e) concerning a written waiver for conducting
mining within 300 feet of an occupied dwelling; and made substantive
revisions to TCMR 761.072(f) concerning the Commission's determination
that a proposed surface coal mining operation will adversely
[[Page 44262]]
affect any publicly owned park or any place included in the National
Register of Historic Places.
4. TCMR Part 762 Criteria for Designating Areas as Unsuitable for
Surface Coal Mining Operations
Texas made nonsubstantive editorial and wording changes throughout
this part and substantive revisions or additions to the following
provisions.
a. TCMR 762.074, Definitions. Texas added a definition at TCMR
762.074(4) for ``renewable resource lands'' and made substantive
revisions to its definition at TCMR 762.072(5) for ``substantial legal
and financial commitments in a surface coal mining operation.''
b. TCMR 762.076, Land Exempt From Designation as Unsuitable for
Surface Coal Mining Operations. Texas revised TCMR 762.076(a) by
changing the date of exemption from August 3, 1977, to ``the date of
enactment of the Act.''
5. TCMR Part 764 Process for Designating Areas Unsuitable for Surface
Coal Mining Operations
Texas made nonsubstantive editorial and wording changes and
clarifying language changes throughout this part. Texas made
substantive revisions or additions to the following provisions.
a. TCMR 764.079, Procedures: Petitions. Texas added a new provision
at TCMR 764.079(a) pertaining to an ``injury in fact'' test for persons
petitioning the Commission to have an area designated as unsuitable for
mining.
Texas made substantive revisions at TCMR 764.079(b) pertaining to
the Commission's determination of the information that must be provided
by the petitioner for designations of lands as unsuitable for surface
coal mining operations and at TCMR 764.079(c) pertaining to the
Commission's determination of the information that must be provided by
petitioner to terminate designations of lands as unsuitable for mining.
b. TCMR 764.080 Procedures: Initial Processing, Recordkeeping, and
Notification Requirements. Texas revised TCMR 764.080(a)(1) by changing
the time for notifying the petitioner of whether the petition is
complete from 90 days to 60 days. Texas also added a definition for
``complete, for a designation or termination petition.''
At TCMR 764.080(a)(4), Texas added ``or that the petitioner does
not meet the requirement of Section .079(a)'' to its list of reasons
for returning the petition to the petitioner. Texas also defined
``frivolous petition.''
Texas made a substantive revision to TCMR 764.080(a)(7) concerning
the Commission's determination not to process a petition pertaining to
lands for which an administratively complete permit application had
been filed and the first newspaper notice had been published.
Texas made a substantive revision to TCMR 764.080(b)(1) concerning
notification of the general public of the receipt of a petition and to
TCMR 764.080(b)(2) concerning provision for a hearing or a period of
written comments on completeness of petitions.
At TCMR 764.080(d), Texas added a new provision that requires the
Commission to maintain information at or near the area in which the
petitioned land is located.
c. TCMR 764.081 Procedures: Hearing Requirements. At TCMR
764.081(a), Texas clarified an expanded it provisions concerning the
procedures for a public hearing on petitions.
At TCMR 764.081(b)(1)(C), Texas proposes to also give notice of the
date, time, and location of a hearing to ``any person known by the
Commission to have a property interest in the petitioned area'' via
regular mail. At TCMR 764.081(b)(2), Texas proposes to send notice to
petitioners and intervenors by certified mail and to government
agencies and property owners by regular mail.
d. TCMR 764.082 Procedures: Decision. At TCMR 764.082(b), Texas
proposes to send the decision ``by certified mail to the petitioner and
intervenors and by regular mail to all other persons with an ownership
interest of record and persons known to the Commission to have an
interest in the property as evidenced by the hearing registration
forms.''
At TCMR 764.082(c), Texas clarifies that ``all relevant portions of
the data base, inventory system, and public comments received during
the public comment period set by the Commission shall be considered and
included in the record of the administrative proceeding.''
e. TCMR 764.084 Public Information. At TCMR 764.084, Texas
specifies that it will make information in the data base and inventory
system available to the public ``except that specific information
relating to location of properties proposed to be nominated to, or
listed in, the National Register of Historic Places need not be
disclosed if the Commission determines that the disclosure of such
information could create a risk of destruction or harm to such
properties.''
6. TCMR 785.201 Prime Farmland
Texas revised its prime farmland plan provisions at TCMR
785.201(b)(1) concerning the requirement for a soil survey; TCMR
785.201(b)(2) concerning the requirement for a plan for soil
reconstruction, replacement, and stabilization; TCMR 785.201(b)(3)
concerning a requirement for scientific data; and TCMR 785.201(b)(4)
concerning a requirement for the productivity data prior to mining.
Texas also revised its provision for consultation with the Secretary of
Agriculture at TCMR 785.201(c) and its provision for permit issuance at
TCMR 785.201(d)(2).
7. TCMR Part 823 Special Permanent Program Performance Standards--
Operations on Prime Farmland
Texas proposes to revise TCMR 823.620 pertaining to prime farmland
applicability and special requirements by adding new paragraphs (a)(1)
and (a)(2); redesignating the introductory paragraph as (b), paragraph
(a) as (b)(1), and (b) as (b)(2); and removing old paragraph (c). New
paragraphs (a)(1) and (a)(2) pertain to prime farmland areas that are
not subject to the requirements of Part 823.
Texas proposes to amend TCMR 823.621 pertaining to prime farmland
soil removal by revising paragraphs (a)(1), (a)(2), and (b) and
removing paragraph (a)(3). The substantive revision to this section
concerns the requirement that other suitable soil materials have a
``greater'', rather than ``equal or greater,'' productive capacity than
the topsoil which existed prior to mining.
Texas proposes to amend TCMR 823.622 pertaining to prime farmland
soil stockpiling by reorganizing the existing requirements into
paragraphs (a), (b), and (c).
Texas proposes to delete TCMR 823.623 pertaining to an alternative
to separate soil horizon removal and stockpiling.
At TCMR 823.624 pertaining to prime farmland soil replacement,
Texas proposes to add new paragraph (a) and to redesignate existing
paragraphs (a) through (f) as (b) through (g). New paragraph (a)
concerns soil reconstruction specification established by the U.S. Soil
Conservation Service. Editorial and nonsubstantive language changes
were made to the existing paragraphs.
At TCMR 823.625, Texas proposes to expand and clarify its
requirements for prime farmland revegetation and restoration of soil
productivity.
8. TCMR 843.681 Notices of Violation
At TCMR 843.681(c), Texas added an exception to the requirement
that the total time for abatement of a notice of violation shall not
exceed 90 days from the date of issuance. New paragraph (f)
[[Page 44263]]
provides the circumstances that would be considered for an extension to
the abatement period. New paragraph (g) provides that interim abatement
measures shall be imposed when an abatement time in excess of 90 days
is allowed. New paragraph (h) provides procedures for the authorized
representative's determination on a request for extension of the
abatement period. New paragraph (i) provides that the determination
under paragraph (h) shall be in writing and contain a right of review.
New paragraph (j) specifies that an extension may not exceed 90 days
and allows the permittee to request further extension.
C. SMRD 2-87. Texas proposes to include in its approved program the
following regulations as added or reviewed in State rulemaking SMRD 2-
87.
1. TCMR 701.008 Definitions. The definitions for ``coal mine
waste'' at TCMR 701.008(18), ``coal preparation'' at TCMR 701.008(19),
``experimental practice'' at TCMR 701.008(34), ``professional
specialist'' at TCMR 701.008(69), ``registered professional engineer''
at TCMR 701.008(76), ``unwarranted failure to comply'' at TCMR
701.008(102), and ``willful violation'' at TCMR 701.008(107) were added
to the definition section.
2. TCMR 779.127 Geology Description. Texas revised TCMR 779.127(a)
by expanding and clarifying the geology information that must be
included in a permit application.
3. TCMR 780.141 Operations Plan: Blasting. Texas added two
additional requirements for permit application blasting plans: a
description of ground vibration and airblast limitations at TCMR
780.141(g) and a description of the methods to be used in controlling
adverse effects of blasting at TCMR 780.141(h).
4. TCMR 780.146 (Surface) and TCMR 784.188 (Underground)
Reclamation Plan: Protection of Hydrologic Balance. Texas revised TCMR
780.146(a) and 784.188(a) by expanding and clarifying the hydrologic
information that must be included in permit applications; added TCMR
780.146(d) and 784.188(d) to require a probable hydrologic consequences
determination be included in permit applications; and added TCMR
780.146(e) and 784.188(e) concerning the requirement for a cumulative
hydrologic impact assessment.
5. TCMR 788.232 Transfer, Assignment or Sale of Permit Rights:
Obtaining Approval. Texas revised TCMR 788.232(c)(2) by changing the
term ``person seeking approval'' to ``applicant.''
6. TCMR 806.311 Terms and Conditions for Liability Insurance. Texas
revised TCMR 806.311(d) by adding language concerning what is required
for an applicant to meet self-insurance requirements.
7. TCMR 807.312 Procedure for Seeking Release of Performance Bond.
Texas revised TCMR 807.312 (b) and (c) concerning the Commission's
inspection and revaluation of the reclamation on areas required to be
released from bond.
8. TCMR 816.357 and TCMR 817.526 Use of Explosives: General
Requirements. Texas revised TCMR 816.357(c) and 817.526(c) concerning
responsibilities of the person responsible for blasting operations by
adding two additional responsibilities at (c)(1) and (c)(2). Texas also
added TCMR 816.357(d) and 817.526(d) concerning submittal of an
anticipated blast design under specified circumstances.
9. TCMR 816.358 and TCMR 817.527 Use of Explosives: Pre-Blasting
Survey. Texas revised TCMR 816.358(a) and 817.527(a) by adding the
requirement that the operator notify residents or owners of dwellings
or other structures of how to request a preblasting survey. Texas also
added TCMR 816.358(d) and 817.527(d) to require that pre-blasting
surveys requested before the tenth day of planned blasting be completed
before the blasting.
10. TCMR 817.500 Signs and Markers. Texas revised TCMR 817.500(f)
concerning warning signs of surface blasting incidental to underground
mining activities.
11. TCMR 817.528 Use of Explosives: Control of Adverse Effects.
Texas made substantive revisions to TCMR 817.528(a) concerning general
requirements for controlling adverse effects of blasting; TCMR
817.528(b) concerning scheduled blasting; TCMR 817.528(e) concerning
access control; TCMR 817.528(f) concerning airblast limits and
monitoring; and TCMR 817.528(g) concerning flyrock limitations. Texas
added provisions at TCMR 817.528(c) concerning unscheduled blasting;
TCMR 817.528(d) concerning blasting signs, warnings, and access
control; and TCMR 817.528(h) concerning ground vibration.
12. TCMR 817.529 Use of Explosives; Seismographic Measurements.
Texas deleted this section in State rulemaking SMRD 2-87.
13. TCMR 817.530 Use of Explosives: Records of Blasting Operations.
Texas revised and clarified the existing provisions concerning the
requirement for operator's to retain a record of each blast.
14. TCMR 843.682 Suspension or Revocation of Permits. Texas deleted
the definitions for ``willful violation'' and ``unwarranted failure to
comply'' from TCMR 843.682(a)(1) and added them to TCMR 701.008.
15. TCMR 845.695 Procedures for Assessment of Civil Penalties.
Texas revised TCMR 845.695(b) by adding a provision at (b)(1)
concerning service of proposed assessments. Tendering a proposed
assessment at the address of the person to whom it was issued, even if
the person refuses to accept delivery, meets the requirements of
service.
D. SMRD 2-88. Texas proposes to include in its approved program the
following regulations as added or revised in State rulemaking SMRD 2-
88.
1. TCMR 807.312 Procedure for Seeking Release of Performance Bond.
Texas included revisions to TCMR 807.312(a) concerning the filing of a
request for release of performance bond or deposit.
2. TCMR Part 846 Individual Civil Penalties. Texas included new
regulations at TCMR 846.001 concerning definitions for ``knowingly'',
``violation, failure, or refusal'', and ``willfully''; TCMR 846.002
concerning when an individual civil penalty may be assessed; TCMR
846.003 concerning the criteria used in determining the amount of an
individual civil penalty; TCMR 846.004 concerning procedures for
service of a notice of proposed individual civil penalty assessment and
the opportunity for review; and TCMR 846.005 concerning requirements
for payment of a penalty.
E. Additional Proposed Changes
1. TCMR 701.003(1). Texas proposes to change the definitions of
``Act'' to reflect recent recodification of the Texas Surface Coal
Mining and Reclamation Act at Chapter 134 of the Texas Natural
Resources Code.
2. TCMR 701.003(3). Texas proposes to change the definition of
``APTRA'' to reflect recent recodification of its Administrative
Procedure Act (APA) at Chapter 2001, Texas Government Code.
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 issue
proposed in this rulemaking, and include explanations in support of the
commenter's recommendations. Comments received after the time
[[Page 44264]]
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.
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 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 (54 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
entitles. 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
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: August 16, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 96-21861 Filed 8-27-96; 8:45 am]
BILLING CODE 4310-05-M
