[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Proposed Rules]
[Pages 29285-29286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7735]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[Docket No. TX-051-FOR]


Texas Regulatory Program

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

ACTION: Proposed rule; withdrawal of proposed amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are announcing the withdrawal of an amendment to the Texas 
regulatory program (Texas program) under the Surface Mining Control and 
Reclamation Act of 1977 (SMCRA or the Act). Texas proposed revisions to 
and additions of regulations regarding coal combustion by-products and 
coal combustion products. Texas intended to revise its program to 
clarify how the use and disposal of coal combustion by-products and 
coal combustion products are regulated at coal mine sites in Texas. By 
letter dated April 11, 2006, Texas withdrew the amendment at its own 
initiative.

DATES: This withdrawal is made on May 22, 2006.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa 
Field Office. Telephone: (918) 581-6430. E-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program
II. Submission of the Proposed Amendment

I. Background on the Texas Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``a State law which 
provides for the regulation of surface coal mining and reclamation 
operations in accordance with the requirements of this Act * * *; and 
rules and regulations consistent with regulations issued by the 
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On 
the basis of these criteria, the Secretary of the Interior 
conditionally approved the Texas program effective February 16, 1980. 
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 on the Texas program at 30 CFR 943.10, 
943.15, and 943.16.

II. Submission of the Proposed Amendment

    By letter dated December 9, 2003 (Administrative Record No. TX-
656), Texas sent us an amendment to its program under SMCRA (30 U.S.C. 
1201 et seq.). Texas sent the amendment at its own initiative.
    We announced receipt of the proposed amendment in the February 3, 
2004, Federal Register (69 FR 5102). 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 amendment. At the request of 
nine citizen groups and two industry groups, we held a public hearing 
in Austin, Texas, on March 1, 2004. We entered a transcript of the 
public hearing into the administrative record (Administrative Record 
No. TX-656.31). At the request of one citizen group, we extended the 
public comment period on March 3, 2004 (69 FR 9983). The extended 
public comment period ended on March 19, 2004. We received comments 
from four industry groups, two State agencies, one Federal agency, one 
consulting company, and ten citizen groups.
    During our review of the amendment, we identified concerns about 
air pollution control, hydrologic information, performance bond 
release, recordkeeping and annual reporting, and the definition of 
``coal combustion by-products.'' We notified Texas of these concerns by 
letters dated February 13, 2004, and May 7, 2004 (Administrative Record 
Nos. TX-656.04 and TX-656.39). On April 11, 2006

[[Page 29286]]

(Administrative Record No. TX-656.44), Texas requested that we withdraw 
the amendment. Texas intends to revise the amendment and submit it at a 
later date. Therefore, the proposed amendment announced in the February 
3, 2004, Federal Register is withdrawn.

List of Subjects in 30 CFR Part 943

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 28, 2006.
Charles E. Sandberg,
Regional Director, Mid-Continent Region
 [FR Doc. E6-7735 Filed 5-19-06; 8:45 am]
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