[Federal Register Volume 64, Number 84 (Monday, May 3, 1999)]
[Rules and Regulations]
[Pages 23540-23542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11034]


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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: Final rule; approval of amendment.

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SUMMARY: OSM is approving an amendment to the Texas regulatory program 
(Texas program) under the Surface Mining Control and Reclamation Act of 
1977 (SMCRA). Texas proposed deletions, revisions, and addition of 
regulations concerning air pollution control plans; reclamation plans: 
general requirements; air resources protection; stabilization of 
surface areas; and coal processing plants: performance standards. Texas 
intends to bring its regulations into alignment with Federal 
regulations that were revised in 1983.

EFFECTIVE DATE: May 3, 1999.

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

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. 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. Submission 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 included changes to the Texas Administrative Code (TAC) made 
at Texas' own initiative.
    We announced receipt of the amendment in the February 12, 1999 
Federal Register (64 FR 7145). In the same document, we 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 15, 1999. Because no one requested a 
public hearing or meeting, we did not hold one.

III. Director's Findings

    Following, under SMCRA and the Federal regulations at 30 CFR 732.15 
and 732.17, are our findings concerning the amendment.

A. Regulations Deleted From Texas' Program

1. Sections 12.379 and 12.546, Air Resources Protection (Surface and 
Underground Mining, Respectively)
    Texas proposed to delete the above regulations. The Federal 
counterparts to these State regulations were previously found at 30 CFR 
816.95 and 817.95 for surface and underground mining, respectively. We 
deleted these Federal counterpart regulations from our own regulations. 
See the Federal Register dated January 10, 1983 (48 FR 1163). 
Therefore, we are approving the deletion of the above Texas 
regulations.
2. Sections 12.389 and 12.554, Regrading or Stabilizing Rills and 
Gullies (Surface and Underground Mining, Respectively)
    Texas proposed to delete the above regulations. The Federal 
counterparts to these State regulations were previously found at 30 CFR 
816.106 and 817.106 for surface and underground mining, respectively. 
We deleted these Federal counterpart regulations from our own 
regulations. See the Federal Register dated January 10, 1983 (48 FR 
1163). Therefore, we are approving the deletion of the above Texas 
regulations.

B. Revisions to Texas' Regulations That Have the Same Meaning as the 
Corresponding Provisions of the Federal Regulations

    The State regulations listed in the table below contain language 
that is the same as or similar to the corresponding sections of the 
Federal regulations. Differences between the State regulations and the 
Federal regulations are minor.

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                                State regulation
            Topic                     (TAC)                    Federal counterpart regulation (30 CFR)
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Air pollution control plan..  Sections              780.15(a)(2), (b)(1) and (b)(2); 784.26(b).
                               12.143(a)(2),
                               (b)(1) and (b)(2);
                               12.199(2).
Stabilization of surface      Sections 12.389 and   816.95 and 817.95.
 areas.                        12.554.
Coal processing plants:       Section 12.651(9)...  827.12(j).
 performance standards.
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    Because the above State regulations have the same meaning as the 
corresponding Federal regulations, we find that they are no less 
effective than the Federal regulations.

C. Revisions to Texas' Regulations That Are Not the Same as the 
Corresponding Provisions of the Federal Regulations

1. Sections 12.145 and 12.187, Reclamation Plan: General Requirements 
(Surface and Underground Mining, Respectively) [30 CFR 780.18(a)(3) and 
784.13(b)(3)]
    Texas proposed to update and change one of the reference citation 
titles in paragraph (b)(3) from ``Regrading or Stabilizing Rills and 
Gullies'' to ``Stabilization of Surface Areas.'' We are approving this 
change because it is not inconsistent with our Federal regulations at 
30 CFR 780.18(a)(3) and 784.13(b)(3).

[[Page 23541]]

2. Section 12.651, Coal Processing Plants: Performance Standards
    Texas proposed to update and change one of the reference citation 
titles in paragraph (13) from ``Regrading or Stabilizing Rills and 
Gullies'' to ``Stabilization of Surface Areas.'' We are approving this 
change because it is not inconsistent with our Federal regulations at 
30 CFR 827.12(1).

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment. In a letter dated 
March 12, 1999 (Administrative Record No. TX-647.07), Texas Utilities 
Services, Inc. states that it strongly supports the proposed 
amendments.

Federal Agency Comments

    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from various Federal agencies with an actual or potential 
interest in the Texas program (Administrative Record No. TX-647.03). In 
a letter dated February 12, 1999 (Administrative Record No. TX-647.05), 
the U.S. Army Corps of Engineers responded that it found the amendment 
satisfactory. In a letter dated February 22, 1999 (Administrative 
Record No. TX-647.06), the U.S. Department of Agricultural Natural 
Resources Conservation Service responded that it had no comments 
pertaining to the revised regulations.

Environmental Protection Agency (EPA)

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
agreement from the EPA for those provisions of the program amendment 
that relate to air or water quality standards promulgated 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, we did not ask the EPA to agree on the amendment.
    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from the EPA (Administrative Record No. TX-647.01), The EPA 
did not respond to our request.

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

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On February 2, 1999, we requested comments on Texas' 
amendment (Administrative Record No. TX-647.02), but neither responded 
to our request.

V. Director's Decision

    Based on the above findings, we approve the amendment as sent to us 
by Texas on January 28, 1999. We approve the regulations that Texas 
proposed with the provisions that they be published in identical form 
to the regulations sent to and reviewed by OSM and the public.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR Part 943, which codify decisions concerning the Texas 
program. We are making this final rule effective immediately to speed 
the State program amendment process and to encourage Texas to bring its 
program into conformity with the Federal standards. SMCRA requires 
consistency of State and Federal standards.

VI. 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: April 16, 1999.
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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[[Page 23542]]



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                                            Date of final
  Original amendment submission date         publication                      Citation/description
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*                  *                *                  *                  *                  *
                                                        *
January 28, 1999.....................  May 3, 1999............  Sections 12.143(a)(2), (b)(1) and (b)(2);
                                                                 .145(b)(3); .187(b)(3); .199(2); .379; .389;
                                                                 .546; .554; and .651(9) and (13).
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[FR Doc. 99-11034 Filed 4-30-99; 8:45 am]
BILLING CODE 4310-05-M