[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Rules and Regulations]
[Pages 19821-19823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10633]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-040-FOR]


Texas Regulatory Program and Abandoned Mine Land Reclamation Plan

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving a proposed amendment to the Texas regulatory 
program and abandoned mine land reclamation (hereinafter referred to as 
the ``Texas program'') under the Surface Mining Control and Reclamation 
Act of 1977 (SMCRA). The amendment consists of recodification of the 
Texas Coal Mining Regulations into the Texas Administrative Code at 
Title 16, Chapter 12. The amendment is intended to conform the Texas 
Coal Mining Regulations to Texas Administrative Code formatting syntax, 
to correct typographical errors, and to allow for the publication of 
the rules in the Texas Administrative Code in full text rather than by 
reference.

EFFECTIVE DATE: April 22, 1998.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa 
Field Office, Office of Surface Mining Reclamation and Enforcement, 
5100 East Skelly Drive, Suite 470, Tulsa, Oklahoma 74135-6548, 
Telephone: (918) 581-6430.

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. 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 conditions of approval and program amendments 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 
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. Submission of the Proposed Amendment

    By letter dated January 23, 1998 (Administrative Record No. TX-
645), Texas submitted a proposed amendment to its program pursuant to 
SMCRA. Texas submitted the proposed amendment at its own initiative. 
Texas proposed to repeal Sec. 11.221 at Title 16 of the Texas 
Administrative Code (TAC), which adopts by reference the Texas Coal 
Mining Regulations (TCMR), and to recodify these regulations into the 
Texas Administrative Code at Title 16, Chapter 12 in full text.
    OSM announced receipt of the proposed amendment in the February 13, 
1998, Federal Register (63 FR 7356), and in the same document 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 16, 1998. Because no one 
requested a public hearing or meeting, none was held.
    During its review of the amendment, OSM identified concerns 
relating to minor wording errors, typographical errors, and citation 
reference errors. OSM notified Texas of these concerns by fax dated 
March 5, 1998, and by letter dated March 10, 1998 (Administrative 
Record Nos. TX-645.05 and TX-645.07, respectively). By letter dated 
March 25, 1998 (Administrative Record No. TX-645.10), Texas responded 
to OSM's concerns by submitting revisions to its proposed program 
amendment that correct all of the errors identified. Because the 
revisions pertained to the correction of nonsubstantive editorial-type 
errors, OSM did not reopen the public comment period.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
proposed amendment.
    Recodification of Texas' Regulations. Texas proposed to codify TCMR 
Parts 700 through 850, pertaining to surface coal mining and 
reclamation operations, at 16 TAC Secs. 12.1 through 12.710. Texas also 
proposed to codify TCMR Secs. 051.800 through 051.817, pertaining to 
the Texas abandoned mine land reclamation program, at 16 TAC 
Secs. 12.800 through 12.817. Texas proposed the simultaneous repeal of 
16 TAC Sec. 11.221 and adoption of the new sections at 16 TAC Chapter 
12 for the purpose of renumbering the existing regulations and 
incorporating the text into the Texas Administrative Code. No 
requirements were proposed to be added to or deleted from the existing 
regulations. Minor changes to the existing regulations were proposed to 
conform them to the Texas Administrative Code formatting syntax; to 
update information on addresses; to correct grammar, punctuation, and 
capitalization errors; and to update internal references.
    The Director finds that the proposed recodification is 
nonsubstantive in nature and Texas' proposed regulations at 16 TAC 
Chapter 12 are no less effective than the Federal regulations. 
Therefore, the Director is approving the recodification of Texas' 
regulations.

IV. Summary and Disposition of Comments

Public Comments

    OSM solicited public comments on the proposed amendment, but none 
were received.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Texas program (Administrative 
Record No. TX-645.03). On February 23, 1998 (Administrative Record No. 
TX-645.08), the U.S. Army Corps of Engineers' commented that the 
proposed amendment was satisfactory.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated

[[Page 19822]]

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, OSM did not request the EPA's 
concurrence.
    Pursuant to 732.17(h)(11)(i), OSM solicited comments on the 
proposed amendment from the EPA (Administrative Record No. TX-645.01). 
The EPA responded on March 6, 1998 (Administrative Record No. TX-
645.09), with the following comments relating to impacts to streams and 
wetlands.
    Sec. 12.134 Soil Resources Information. EPA commented that when the 
soils are delineated and identified, it would be helpful if they were 
listed as hydric or non-hydric.
    Texas' regulations at Sec. 12.134 are substantively identical to 
the Federal regulations at 30 CFR 779.21. Therefore, no changes to 
Texas' regulations may be required by OSM.
    Sec. 12.144 Fish and Wildlife Plan. EPA commented that this section 
mentions wetlands in the requirements for protection and enhancement of 
wildlife habitat and recommended that a separate section be included 
specifically dealing with wetlands and streams. EPA commented that the 
separate section should include a description of how the operator will 
avoid and minimize impacts to wetlands and streams and steps that will 
be taken to compensate for unavoidable impacts to wetlands and streams, 
with at least one-to-one compensation for all lost wetland functions.
    Texas' regulations at Sec. 12.144 are substantively identical to 
the Federal regulations at 30 CFR 780.16(b). Therefore, no changes to 
Texas' regulations may be required by OSM.
    General. EPA commented that discharge of dredged or fill material 
into waters of the U.S. (including most streams and wetlands) require 
authorization from the U.S. Army Corps of Engineers under Sec. 404 of 
the Clean Water Act. The operators should be required to contact the 
nearest Corps office before beginning operations to obtain the 
necessary authorization.
    The Texas program includes substantively identical counterparts to 
the Federal regulations relating to protection of the hydrologic 
balance and sediment control measures. This includes counterparts to 
the Federal regulations at 30 CFR 816.42 and 817.42 that require 
discharges of water from areas disturbed by surface mining activities 
shall be made in compliance with all applicable State and Federal water 
quality laws and regulations. Therefore, no changes to Texas' 
regulations may be required by OSM.
    Texas proposed only to renumber and add its regulations to the 
Texas Administrative Code in this amendment. No substantive changes to 
the previously approved regulations were proposed. However, EPA's 
comments were forwarded to Texas for consideration in a future 
rulemaking.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit 
comments on proposed amendments which may have an effect on historic 
properties from the SHPO and ACHP. OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (Administrative Record No. 
TX-645.02). Neither the SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
amendment as submitted by Texas on January 23, 1998, and as revised on 
March 25, 1998.
    The Director approves the regulations as proposed by Texas with the 
provision that they be fully promulgated in identical form to the 
regulations submitted to and reviewed by OSM and the public.
    The Federal regulations at 30 CFR Part 943, codifying decisions 
concerning the Texas program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

VI. 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 (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. 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 corresponding 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.

[[Page 19823]]

List of Subjects in 30 CFR Part 943

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 10, 1998.
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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  Original amendment submission      Date of final         Citation/    
              date                    publication         description   
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                 *        *        *        *        *                  
January 23, 1998................  April 22, 1998....  Recodification; 16
                                                       TAC 12.1 through 
                                                       12.710.          
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    3. Section 943.25 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec. 943.25  Approval of Texas abandoned mine land reclamation plan 
amendments.

* * * * *

------------------------------------------------------------------------
  Original amendment submission      Date of final         Citation/    
              date                    publication         description   
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                 *        *        *        *        *                  
January 23, 1998................  April 22, 1998....  Recodification; 16
                                                       TAC 12.800       
                                                       through 12.817.  
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[FR Doc. 98-10633 Filed 4-21-98; 8:45 am]
BILLING CODE 4310-05-M