[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Proposed Rules]
[Pages 48675-48676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23267]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 60, No. 182 / Wednesday, September 20, 1995 / 
Proposed Rules  

[[Page 48675]]


DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-027-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.

-----------------------------------------------------------------------

SUMMARY: OSM is announcing receipt of a proposed amendment to the Texas 
permanent regulatory program (hereinafter the ``Texas program'') under 
the Office of Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The proposed amendment consists of revisions to the Texas Coal 
Mining Regulations pertaining to identification of interests and 
compliance information and Commission of Texas (Commission) review of 
outstanding permits and revisions to the Texas Surface Coal Mining and 
Reclamation Act pertaining to rulemaking and permitting and suspension 
or rescission of improvidently issued permits. The amendment is 
intended to revise the Texas program to be consistent with the 
corresponding Federal regulations and SMCRA.

DATES: Written comments must be received by 4 p.m., c.d.t., October 20, 
1995. If requested, a public hearing on the proposed amendment will be 
held on October 16, 1995. Requests to speak at the hearing must be 
received by 4 p.m., c.d.t., on October 5, 1995.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Mr. Tim L. Dieringer, Acting Director, 
Tulsa Field Office, at the address listed below.
    Copies of the 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 
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.
    Tim L. Dieringer, 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.
    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:
Mr. Tim L. Dieringer, 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 can be found at 30 CFR 943.10, 943.15, and 943.16.

II. Description of the Proposed Amendment

    By letter dated August 30, 1995 (Administrative Record No. TX-595), 
Texas submitted a proposed amendment to its program pursuant to SMCRA. 
Texas submitted the proposed amendment in response to the required 
program amendments codified at 30 CFR 943.16(r), (t), and (u) [59 FR 
13200, March 21, 1994, and 60 FR 15675, March 27, 1995]. The provisions 
of the Texas Coal Mining Regulations (TCMR) at 16 Texas Administrative 
Code (TAC) 11.221 and of the Texas Surface Coal Mining and Reclamation 
Act (TSCMRA) that Texas proposes to amend are:

1. TCMR 778.116(m), Identification of Interests and Compliance 
Information

    Texas proposes to revise and delete existing language and add new 
language which requires a permit application to include information on 
all outstanding violation notices, not just those for unabated 
cessation orders and unabated air and water quality violation notices, 
received prior to the date of the application by any surface coal 
mining operation that is deemed or presumed to be owned or controlled 
by either the applicant or by any person who is deemed or presumed to 
own or control the applicant under Texas' definition of ``owned or 
controlled'' and ``owns or controls'' at Sec. 701.008. Texas is also 
incorporating an ownership and control provision which requires the 
applicant to certify that each unabated violation notice issued under 
the Texas program or a Federal or state program is in the process of 
being corrected to the satisfaction of the agency with jurisdiction 
over the violation.

2. TCMR 788.225(g)(1), Commission Review of Outstanding Permits

    Texas proposes to require that the Commission's findings pertaining 
to a permittee's challenge to the Commission's decision to suspend or 
rescind an improvidently issued permit be consistent with the 
provisions of the Federal regulations at 30 CFR 773.25.

3. Article 5920-11, TSCMRA, Section 6(b), Rulemaking and Permitting 
Pursuant to the Administrative Procedure Act

    Texas proposes to amend section 6(b) of TSCMRA by deleting the 
language ``and Texas Register Act, as amended'' and adding the 
following new language.
    (b) * * * Act (Chapter 2001, Government Code).

    The Administrative Procedure Act does not apply to actions by 
the Commission to suspend or rescind an improvidently issued permit 
as authorized by Section 21a of this Act, except that a permittee 
who is the subject of a suspension or rescission notice issued by 
the Commission under Section 21a of this Act may file an appeal for 
administrative review of the notice as provided by Commission rules, 
and such review shall be governed by the Administrative Procedure 
Act.

4. Article 5920-11, TSMCRA, Section 21(c), Reporting Notices of 
Violations in Permit Applications

    Texas proposes to revise the existing language of the first 
sentence of section 21(c) by adding the requirement that applicants 
report notices of violations of SMCRA; by adding the word ``other'' 
after the word ``any'' in the phrase ``and 

[[Page 48676]]
any law, rule, or regulation of the United States''; by deleting the 
words ``within the state'' from the phrase ``in connection with any 
surface coal mining operation within the state during the three-year 
period''; by deleting the words ``shall include in'' from the phrase 
``shall include in the schedule''; and by adding the words shown in 
italics to the revised phrase ``the schedule shall indicate the final 
resolution of any such notice of violation.'' Texas proposes to add new 
language requiring that the schedule include notices of violations of 
Federal regulations or Federal or state programs adopted under SMCRA. 
Texas is, also, revising the existing second sentence by deleting the 
phrase ``or that the notice of violation is being contested by the 
applicant'' and adding the phrase ``or other laws referred to in this 
subsection'' after the phrases ``with a demonstrated pattern of willful 
violations of this Act'' and ``with such resulting irreparable damage 
to the environment as to indicate an intent not to comply with this 
Act.''

5. Article 5920-11, TSMCRA, Section 21a, Suspension or Rescission of 
Improvidently Issued Permits

    Texas proposes to add a new section which authorizes the Commission 
to adopt and enforce rules relating to suspension or rescission of 
improvidently issued permits that are consistent with and no less 
effective than Federal regulations adopted under SMCRA.

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 p.m., c.d.t., 
on October 5, 1995. The location and time of the hearing will be 
arranged with those persons requesting the hearing. 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.
    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.

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 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, 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 (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: September 13, 1995.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 95-23267 Filed 9-19-95; 8:45 am]
BILLING CODE 4310-05-M