[Federal Register Volume 64, Number 29 (Friday, February 12, 1999)]
[Proposed Rules]
[Pages 7145-7147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3435]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-045-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.

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SUMMARY: OSM is announcing receipt of an amendment to the Texas 
regulatory program (Texas program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA). Texas proposes revisions to 
regulations concerning air pollution control plans; reclamation plans: 
general requirements; air resources protection; stabilization of 
surface areas; and coal

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processing plants: performance standards. Texas intends to revise its 
program to be consistent with the corresponding Federal regulations.
    This document gives the times and locations that the Texas program 
and the amendment to that program are available for your inspection, 
the comment period during which you may submit written comments on the 
amendment, and the procedures that will be followed for the public 
hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., c.s.t., March 
15, 1999. If requested, we will hold a public hearing on the amendment 
on March 9, 1999. We will accept requests to speak at the hearing until 
4:00 p.m., c.s.t. on March 1, 1999.

ADDRESSES: You should mail or hand deliver written comments and 
requests to speak at the hearing to Michael C. Wolfrom, Director, Tulsa 
Field Office, at the address listed below.
    You may review copies of the Texas program, the amendment, a 
listing of any scheduled public hearings, and all written comments 
received in response to this document at the addresses listed below 
during normal business hours, Monday through Friday, excluding 
holidays. You may receive one free copy of the amendment by contacting 
OSM's Tulsa Field Office.
Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface 
Mining, 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. 
Internet:[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program

    On February 16, 1980, the Secretary of the Interior conditionally 
approved the Texas program. You can find background information on the 
Texas program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval in the February 27, 1980, 
Federal Register (45 FR 12998). You can find later actions concerning 
the Texas program at 30 CFR 943.10, 943.15, and 943.16.

II. Description of the Proposed Amendment

    By letter dated January 28, 1999 (Administrative Record No. TX-
647), Texas sent us an amendment to its program under SMCRA. The 
amendment includes changes made at Texas' own initiative. Texas 
proposes to amend the Texas Coal Mining Regulations. Below is a summary 
of the changes proposed by Texas. The full text of the program 
amendment is available for your inspection at the locations listed 
above under ADDRESSES.
    The amendment revises the following topics and sections of the 
Texas Coal Mining Regulations:
    1. Section 12.143 Air Pollution Control Plan (Surface Mining).
    Texas proposes to update reference citations for applicable 
performance standards in paragraphs (a)(2), (b)(1) and (b)(2).
    2. Section 12.145 and Section 12.187 Reclamation Plan: General 
Requirements (Surface Mining and Underground Mining, respectively).
    Texas proposes to update and change one of the reference citation 
titles in paragraph (b)(3) of both sections from ``Regrading or 
Stabilizing Rills and Gullies'' to ``Stabilization of Surface Areas.''
    3. Section 12.199 Air Pollution Control Plan (Underground Mining).
    Texas proposes to update the reference citation for applicable 
performance standards in paragraph (2). The updated reference citation 
is Section 12.554 Stabilization of Surface Areas.
    4. Section 12.379 and Section 12.546 Air Resources Protection 
(Surface Mining and Underground Mining, respectively).
    Texas proposes to delete these two sections from its regulations.
    5. Section 12.389 and Section 12.554 Regrading or Stabilizing Rills 
and Gullies (Surface Mining and Underground Mining, respectively).
    Texas proposes to change the name of these two sections from 
``Regrading or Stabilizing Rills and Gullies'' to ``Stabilization of 
Surface Areas.'' Texas also proposes to delete the existing language in 
these sections and replace it with the following language:
    (a) All exposed surface areas shall be protected and stabilized to 
effectively control erosion and air pollution attendant to erosion.
    (b) Rills and gullies, which form in areas that have been regraded 
and topsoiled and which either:
    (1) Disrupt the approved postmining land use or the reestablishment 
of the vegetative cover; or
    (2) Cause or contribute to a violation of water-quality standards 
for receiving streams; shall be filled, regraded or otherwise 
stabilized; topsoil shall be replaced; and the areas shall be reseeded 
or replanted.
    6. Section 12.651 Coal Processing Plants: Performance Standards 
(Surface Mining).
    Texas proposes to delete the existing language in paragraph (9) and 
replace it with the following language:
    (9) Erosion and air pollution attendant to erosion shall be 
controlled in accordance with Sec. 12.389 of this title (relating to 
Stabilization of Surface Areas);
    Texas also proposes to update and change one of the reference 
citation titles from ``Regrading or Stabilizing Rills and Gullies'' to 
``Stabilization of Surface Areas.''

III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are requesting 
comments on whether the proposed amendment satisfies the applicable 
program approval criteria of 30 CFR 732.15. If we approve the 
amendment, it will become part of the Texas program.

Written Comments

    Your written comments should be specific and pertain only to the 
issues proposed in this rulemaking. You should explain the reason for 
any recommended change. In the final rulemaking, we will not 
necessarily consider or include in the Administrative Record any 
comments received after the time indicated under DATES or at locations 
other than the Tulsa Field Office.

Public Hearing

    If you wish to speak at the public hearing, contact the person 
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.s.t. on 
March 1, 1999. We will arrange the location and time of the hearing 
with those persons requesting the hearing. If you are disabled and need 
special accommodation to attend a public hearing, contact the 
individual listed under FOR FURTHER INFORMATION CONTACT. We will not 
hold the hearing if no one requests an opportunity to speak at the 
public hearing.
    You should file a written statement at the time you request the 
hearing. This will allow us 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. If 
you are in the audience and have not been scheduled to speak and wish 
to do so, you will be allowed to speak after

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those who have been scheduled. We will end the hearing 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, 
we may hold a public meeting, rather than a public hearing. If you wish 
to meet with us to discuss the amendment, request a meeting by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All 
such meetings are open to the public and, if possible, we will post 
notices of meetings at the locations listed under ADDRESSES. We will 
also make a written summary of each meeting part of the Administrative 
Record.

IV. Procedural Determinations

Executive Order 12866

    The Office of Management and Budget (OMB) exempts this rule from 
review 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 program is 
drafted and published 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 State regulatory programs and 
program amendments 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

    This rule does not require an environmental impact statement since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on 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. Therefore, this rule will ensure that existing requirements 
previously published 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 under 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: February 4, 1999.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-3435 Filed 2-11-99; 8:45 am]
BILLING CODE 4310-05-P