[Federal Register Volume 59, Number 125 (Thursday, June 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15861]


[[Page Unknown]]

[Federal Register: June 30, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

 

Texas Permanent Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; public comment period and opportunity for public 
hearing on proposed amendment.

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SUMMARY: OSM is announcing receipt of a proposed amendment to the Texas 
permanent regulatory program (hereinafter, the ``Texas program'') under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The 
proposed amendment consists of revisions to the Texas regulations and 
statute pertaining to ownership and control. The amendment is intended 
to revise the Texas program to be consistent with and no less effective 
than the corresponding Federal regulations and no less stringent than 
SMCRA.

DATES: Written comments must be received by 4:00 p.m., c.d.t., August 
1, 1994. If requested, a public hearing on the proposed amendment will 
be held on July 25, 1994. Requests to present oral testimony at the 
hearing must be received by 4:00 p.m., c.d.t., July 15, 1994. 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.

ADDRESSES: Written comments should be mailed or hand delivered to James 
H. Moncrief at the address listed below.
    Copies of the Texas program, the proposed amendment, and all 
written comments received in response to this document 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.

James H. Moncrief, Director, Tulsa Field Office, Office of Surface 
Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 550, 
Tulsa, OK 74135
Railroad Commission of Texas, Surface Mining and Reclamation Division, 
Capitol Station, P.O. Drawer 12967, Austin, TX 78711, Telephone: (512) 
463-6900

FOR FURTHER INFORMATION CONTACT: James H. Moncrief, 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 of the Texas program can be 
found in the February 27, 1980 Federal Register (45 FR 12998). 
Subsequent actions concerning Texas' program and program amendments can 
be found at 30 CFR 943.15 and 943.16.

II. Proposed Amendment

    By letter dated May 24, 1994, (Administrative Record No. TX-576), 
Texas submitted a proposed amendment to its program pursuant to SMCRA. 
Texas submitted the proposed amendment in response to required program 
amendments at 30 CFR 943.16(c) (1) and (2), (d), (f), (j) (1), (2), 
(3), and (4), (r), and (s) (59 FR 13200, March 21, 1994). The 
provisions of the Texas Administrative Code (TAC) at 16 TAC 11.221 and 
the Texas Surface Coal Mining and Reclamation Act that Texas proposes 
to amend are:
    1. Texas Coal Mining Regulations (TCMR) 778.116(m), Identification 
of interests and compliance information.
    Texas proposes to add language to require a permit application to 
include information on violations received pursuant to SMCRA's 
implementing Federal regulations, all SMCRA-approved Federal programs 
(OSM-administered Indian lands program and Federal programs for 
States), and all SMCRA-approved State programs, not just the Texas 
program, and information on air or water environmental protection 
violations received pursuant to any State laws, rules or regulations 
enacted pursuant to Federal laws, rules, or regulations and incurred by 
the applicant in any State, not just Texas.
    2. TCMR 786.215 (e) and (f), Review of permit applications.
    (a) Texas proposes at TCMR 786.215(e)(1) to require the Commission 
to consider, as a basis for permit denial, information on cessation 
orders issued by States other than Texas, and
    (b) Texas proposes at TCMR 786.215(f) to require that issuance of 
permits is specifically prohibited whenever the Commission makes a 
determination that the applicant, anyone who owns or controls the 
applicant, or the operator specified in the application controls or has 
controlled surface coal mining and reclamation operations with a 
demonstrated pattern of willful violations of the Texas Surface Coal 
Mining and Reclamation Act (TSCMRA), SMCRA, SMCRA's implementing 
Federal regulations, SMCRA-approved Federal programs, and all SMCRA-
approved State programs, not just the Texas program, of such nature, 
duration, and with such resulting irreparable damage to the 
environment, as to indicate an intent not to comply with these laws, 
rules, and regulations.
    3. TCMR 786.216 (i) through (n), Criteria for permit approval or 
denial.
    Texas proposes to delete TCMR 786.216(i) and to recodify paragraphs 
(j) through (o), accordingly. Existing TCMR 786.216(i) prohibits permit 
approval unless the Commission finds, in writing, that the applicant or 
the operator, if other than the applicant, does not control and has not 
controlled mining operations with a demonstrated pattern of willful 
violations of TSCMRA.
    4. TCMR 788.225 (f), (g) and (h), Commission review of outstanding 
permits.
    (a) Texas proposes to revise TCMR 788.225(f)(3) to allow the 
Commission, when it finds that a permit was improvidently issued, to 
suspend the permit until the outstanding violation is abated or the 
penalty or fee is paid, and to add TCMR 788.225(f)(4) to allow the 
Commission to rescind such permit under the provisions of proposed TCMR 
788.225(g).
    (b) Texas proposes to add TCMR 788.225(g) to provide that the 
Commission shall, for a permit found to have been improvidently issued, 
(1) serve the permittee with notice of the proposed suspension and 
rescission, and include in the notice the reasons for the Commission's 
findings, and (2) specify the conditions that must be met in order to 
prevent suspension or rescission of such improvidently issued permit.
    (c) Texas proposes to add TCMR 788.25(h) to specify that upon 
permit suspension or rescission, the permittee shall cease all surface 
coal mining and reclamation operations, except for specific abatement, 
reclamation, and other environmental protection measures required by 
the Commission.
    (d) Texas proposes to recodify existing paragraph (h) as TCMR 
788.225(i).
    5. Article 5920-11, (TSMCRA), section 21(c), Reporting notices of 
violations in permit applications.
    Texas proposes to delete from the first sentence of section 21(c) 
the words ``within the state'' from the phrase ``in connection with any 
surface coal mining operation within the state during the three-year 
period.''

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.

1. 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.

2. Public Hearing

    Persons wishing to testify at the public hearing should contact the 
person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t., 
July 15, 1994. The location and time of the hearing will be arranged 
with those persons requesting the hearing. If no one requests an 
opportunity to testify 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 testify have been heard. Persons in the audience 
who have not been scheduled to testify, and who wish to do so, will be 
heard following those who have been scheduled. The hearing will end 
after all persons scheduled to testify and persons present in the 
audience who wish to testify have been heard.

3. Public Meeting

    If only one person requests an opportunity to testify 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

1. 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).

2. Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (Civil Justice Reform) and has 
determined that 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 12550) and the Federal regulations at 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.

3. 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)).

4. 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.).

5. 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.

List of Subjects in 30 CFR Part 943

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: June 24, 1994.
Russell F. Price,
Acting Assistant Director, Western Support Center.
[FR Doc. 94-15861 Filed 6-29-94; 8:45 am]
BILLING CODE 4310-05-M