[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Proposed Rules]
[Pages 67596-67598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33661]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-036-FOR]


Texas Regulatory Program and Abandoned Mine Land Reclamation Plan

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 a proposed amendment to the Texas 
regulatory program and abandoned mine land reclamation plan 
(hereinafter the ``Texas program'') under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of 
revisions to Texas' statutes pertaining to small operator assistance, 
definitions, exemptions, applicability to governmental units, coal 
exploration operations, prohibition on surface and coal mining, notices 
of violation, improvidently issued permits, performance standards, 
eligibility of land and water, and cessation orders. The amendment is 
intended to revise the Texas program to be consistent with SMCRA.
    This document sets forth the times and locations that the Texas 
program and proposed amendment to that program are available for public 
inspection, the comment period during which interested persons may 
submit written comments on the proposed amendment, and the procedures 
that will be followed regarding the public hearing, if one is 
requested.

DATES: Written comments must be received by 4:00 p.m., c.s.t., January 
28, 1998. If requested, a public hearing on the proposed amendment will 
be held on January 28, 1998. Requests to speak at the hearing must be 
received by 4:00 p.m., c.s.t. on January 13, 1998.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Michael C. Wolfrom, Director, Tulsa 
Field Office, at the address listed below.
    Copies of 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 
address 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.

Michael C. Wolfrom, 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:
Michael C. Wolfrom, 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 regulatory 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 
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.
    On June 23, 1980, the Secretary of the Interior approved the Texas 
abandoned mine land reclamation plan. Background information on the 
Texas plan, including the Secretary's findings, the disposition of 
comments, and the approval of the plan can be found in the June 23, 
1980, Federal Register (45 FR 41937). Subsequent actions concerning the 
Texas plan and amendments to the plan can be found at 30 CFR 943.25.

II. Description of the Proposed Amendment

    By letter dated December 1, 1997 (Administrative Record No. TX-
643), Texas submitted a proposed amendment to its program pursuant to 
SMCRA. Texas submitted the proposed amendment at its own initiative. 
Texas proposes to amend the Texas Surface Coal Mining and Reclamation 
Act (TSCMRA) to reflect changes resulting from the passage of Senate 
Bills (SB) 636 and 898 by the 75th Texas Legislature. The full text of 
the proposed program amendment submitted by Texas is available for 
public inspection at the locations listed above under ADDRESSES. A 
discussion of the proposed amendment is presented below.

1. TSCMR Sec. 134.004  Definitions (SB 898)

    Texas added the following definition for the term ``applicant'' at 
section 134.004(3) and renumbered the existing definitions to reflect 
this addition:

    Applicant means a person or other legal entity seeking a permit 
from the commission to conduct surface coal mining activities or 
underground mining activities under this chapter.

2. TSCMRA Sec. 134.005  Exemptions (SB 898)

    Section 134.005(a) was amended by removing the exemption for 
extraction of coal for commercial purposes if the surface mining 
operation affects two acres or less at paragraph (2). Paragraph (3) was 
renumbered (2) to reflect this deletion.

3. TSCMRA Sec. 134.008  Applicability to Governmental Units (SB 898)

    The following provision was added at section 134.008 to authorize 
regulation of governmental units who engage in surface coal mining 
operations:

    An agency, unit, or instrumentality of federal, state, or local 
government, including a publicly owned utility or publicly owned 
corporation of federal, state, or local government, that proposes to 
engage in surface coal mining operations that are subject to this 
chapter shall comply with this chapter.

4. TSCMRA Sec. 134.014  Coal Exploration Operations (SB 898)

    Section 134.014 was amended by adding the following new provision 
at subsection (b) and changing existing subsection (b) to (c).

    A person who conducts coal exploration operations that 
substantially disturb the natural land surface in violation of this 
section or rule adopted under this section is subject to Sections 
134.174 through 134.181.

5. TSCMRA Sec. 134.022  Prohibitions on Surface Coal Mining in Certain 
Areas (SB 898)

    Section 134.022(c) was amended by changing the date relating to 
valid existing rights from May 9, 1979, to August 3, 1977.

6. TSCMRA Sec. 134.056  Small Mine Exemption (SB 636)

    At section 134.056(2), Texas increased the amount of probable total 
annual production allowed for surface coal mining operators under its 
small

[[Page 67597]]

operator assistance program from 100,000 to 300,000 tons.

7. TSCMRA Sec. 134.068  Schedule of Notices of Violations (SB 898)

    Texas revised section 134.068(a) by requiring the applicant to file 
with the application a schedule listing any notices of violations of 
this chapter, the Federal Act, a Federal regulation or Federal or State 
program adopted under the Federal Act, or another law, rule, or 
regulation of the United States, this State, or a department or agency 
in the United States pertaining to air or water environmental 
protection. Texas also deleted the language ``in this state'' from the 
phrase ``in connection with a surface coal mining operation in this 
state.'' At section 134.068(b), the language ``applicant shall include 
in the schedule'' was removed and the language ``schedule must 
indicate'' was added.

8. TSCMRA Sec. 134.069  Effect or Past or Present Violation (SB 898)

    Texas amended section 134.069(a) by removing paragraph (2), which 
allowed the commission to issue a permit to an applicant who had an 
unabated violation if the applicant was contesting the notice of 
violation. Texas amended section 134.069(b) by adding language that 
referenced this chapter and other laws in Section 134.068 in relation 
to a demonstrated pattern of willful violations.

9. TSCMRA Sec. 134.084  Suspension or Rescission of Improvidently 
Issued Permit (SB 898)

    Texas added the following new provision at section 134.084:

    (a) The commission may suspend or rescind an improvidently 
issued permit under rules adopted by the commission.
    (b) A rule adopted by the commission under this section must be 
consistent with and not less effective than a regulation adopted 
under the federal Act.
    (c) Except as provided by Subsection (d), Chapter 2001, 
Government Code, does not apply to an action by the commission under 
this section to suspend or rescind an improvidently issued permit.
    A permit holder who is given notice of suspension or rescission 
of an improvidently issued permit under this section may file an 
appeal for administrative review of the notice as provided by 
commission rules. The review is governed by Chapter 2001, Government 
Code.

10. TSCMRA Sec. 134.092  Performance Standards (SB 898)

    Texas amended section 134.092(a)(3) by adding the language ``all 
highwalls, spoil piles, and'' after the word ``with'' in the phrase 
``to restore the approximate original contour of the land with 
depressions eliminated.''

11. TSCMRA Sec. 134.142  Eligibility of Land and Water (SB 636)

    Texas amended section 134.142 by removing its existing criteria at 
paragraphs (1) through (3) for determining if land and water are 
eligible for reclamation or abatement under its abandoned mine land 
reclamation program and adding the following new criteria:

    Land and water are eligible for reclamation or abatement 
expenditures under this subchapter if the land and water are 
eligible for reclamation or abatement expenditures under the federal 
Act.

12. TSCMRA Sec. 134.163  Terms of Cessation Order (SB 898)

    At section 134.163(1), Texas added the language ``condition, 
practice, or'' after the word ``the'' in the phrase ``determines the 
violation has been abated.''

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 4:00 p.m., 
c.s.t. on January 13, 1998. The location and time of the hearing will 
be arranged with those persons requesting the hearing. 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. 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.

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 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

[[Page 67598]]

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.

Unfunded Mandates

    OSM has determined and certifies pursuant to 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: December 17, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-33661 Filed 12-24-97; 8:45 am]
BILLING CODE 4310-05-M