[Federal Register Volume 82, Number 221 (Friday, November 17, 2017)]
[Rules and Regulations]
[Pages 54292-54295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24620]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SATS No. TX-067-FOR; Docket ID: OSM-2016-0001; S1D1S SS08011000 
SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520]


Texas Regulatory Program

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

[[Page 54293]]


ACTION: Final rule.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSMRE), are approving 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 its regulations 
regarding annual permit fees. Texas revised its program at its own 
initiative to raise revenues sufficient to cover its anticipated share 
of costs to administer the coal regulatory program and to encourage 
mining companies to more quickly reclaim lands and request bond 
release, thereby fulfilling SMCRA's purpose of assuring the reclamation 
of mined land as quickly as possible.

DATES: The effective date is December 18, 2017.

FOR FURTHER INFORMATION CONTACT: William L. Joseph, Director, Tulsa 
Field Office. Telephone: (918) 581-6430. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Texas Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Procedural Determinations

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, State laws and 
regulations that govern surface coal mining and reclamation operations 
in accordance with the Act and consistent with the Federal regulations. 
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, 13008). You can find later actions on 
the Texas program at 30 CFR 943.10, 943.15, and 943.16.

II. Submission of the Amendment

    By letter dated November 17, 2015 (Administrative Record No. TX-
705), and on its own initiative, Texas sent us an amendment to its 
program under SMCRA (30 U.S.C. 1201 et seq.). We announced receipt of 
the proposed amendment in the April 08, 2016, Federal Register (81 FR 
20591). 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. We did not hold a public hearing or meeting because 
no one requested one. The public comment period ended on May 09, 2016. 
We did not receive any public comments.

III. OSMRE's Findings

    The following are the findings we made concerning the amendment 
under SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We 
are approving the amendment as described below.

16 Texas Administrative Code (TAC) Section 12.108 Permit Fees

    Texas proposed to revise its regulations at 16 TAC Sections 
12.108(b)(1)-(3), adjusting the annual coal mining permit fees for 
calendar years 2015 and 2016. Fees for mining activities during 
calendar years 2015 and 2016 were to be paid by coal mine operations by 
March 15th of the year following the calendar year for which the fees 
are applicable.
    By this amendment, Texas has:
    (1) Repealed paragraph (b)(1) regarding a fee for each acre of land 
within the permit area on which coal or lignite was actually removed 
during the calendar year;
    (2) Renumbered existing paragraphs (b)(2) and (3) to read as (b)(1) 
and (2) respectively;
    (3) Increased the fee in the new paragraph (b)(1) from $12.00 to 
$13.05 for each acre of land within a permit area covered by a 
reclamation bond on December 31st of the year; and
    (4) Increased the fee in the new paragraph (b)(2) from $6,540.00 to 
$6,600.00 for each permit in effect on December 31st of the year.
    The Federal regulations at 30 CFR 777.17 provide that applications 
for surface coal mining permits must be accompanied by a fee determined 
by the regulatory authority. The Federal regulations also provide that 
the fees may be less than, but not more than, the actual or anticipated 
cost of reviewing, administering, and enforcing the permit.
    Texas' amendment describes how its coal mining regulatory program 
is funded. Texas operates on a biennial budget which appropriates 
general revenue funds for permitting and inspecting coal mining 
facilities within the state. This appropriation is contingent on the 
Railroad Commission of Texas (Commission) assessing fees sufficient to 
generate revenue to recover the general revenue appropriation. When 
calculating anticipated costs to the Commission for regulating coal 
mining activity, Texas anticipates OSMRE providing some grant funding 
for regulatory program costs based on Section 705(a) of SMCRA. Texas 
estimated that annual fees at the revised amounts in this amendment 
would result in revenue that, when coupled with permit application 
fees, was not expected to provide for more than 50 percent of the 
anticipated regulatory program costs during each year of the biennium. 
OSMRE agrees that this is a reasonable expectation in light of recent 
reductions in overall funding to states that have resulted in them 
receiving less than fifty percent of their anticipated regulatory 
program costs.
    Texas adjusts its fees biennially to recover the amounts expended 
from state appropriations in accordance with a formula and schedule 
agreed to in 2005 by the coal mining industry and the Commission. This 
amendment represents the sixth adjustment to surface mining fees based 
upon that agreement.
    We find that Texas' fee changes are consistent with the 
discretionary authority provided by the Federal regulation at 30 CFR 
777.17. Therefore, OSMRE approves Texas' permit fee changes, 
recognizing that Texas has a process to adjust its fees to cover the 
cost of its regulatory program not covered by the Federal grant.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment but did not receive 
any.

Federal Agency Comments

    On February 11, 2016, pursuant to 30 CFR 732.17(h)(11)(i) and 
Section 503(b) of SMCRA, we requested comments on the amendment from 
various Federal agencies with an actual or potential interest in the 
Texas program (Administrative Record No. TX-705.01). We did not receive 
any comments.

Environmental Protection Agency (EPA) Concurrence and Comment

    Under 30 CFR 732.17(h)(11)(ii), we are required to get written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued 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 EPA to concur on the amendment. However, on February 11,

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2016, under 30 CFR 732.17(h)(11)(i), we requested comments from the EPA 
on the amendment (Administrative Record No. TX-705.1). 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 11, 2016, we requested comments on Texas' 
amendment (Administrative Record No. TX-705.01), but neither the SHPO 
nor ACHP responded to our request.

V. OSMRE's Decision

    Based on the above findings, we approve the amendment Texas 
submitted to the OSMRE on November 17, 2015 (Administrative Record No. 
TX-705).
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 943 that codify decisions concerning the Texas program. 
In accordance with the Administrative Procedure Act, this rule will 
take effect 30 days after the date of publication. Section 503(a) of 
SMCRA requires that the State's program demonstrate that they have the 
capability of carrying out the provisions of the Act and meeting its 
purposes. SMCRA requires consistency of State and Federal standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rulemaking does not have takings implications. This 
determination is based on the analysis performed for the counterpart 
Federal regulation.

Executive Order 12866--Regulatory Planning and Review

    This rulemaking is exempted from review by the Office of Management 
and Budget (OMB) under Executive Order 12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that this 
rulemaking 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 because 
each program is drafted and promulgated by a specific State, not by 
OSMRE. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) 
and the Federal regulations at 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.

Executive Order 13132--Federalism

    This rulemaking does not have Federalism implications. SMCRA 
delineates the roles of the Federal and State governments with regard 
to the regulation of surface coal mining and reclamation operations. 
One of the purposes of SMCRA is to ``establish a nationwide program to 
protect society and the environment from the adverse effects of surface 
coal mining operations.'' Section 503(a)(1) of SMCRA requires that 
State laws regulating surface coal mining and reclamation operations be 
``in accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rulemaking on Federally-recognized Indian 
tribes and have determined that the rulemaking does not have 
substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes. The basis for this determination is that 
our decision is on a State regulatory program and does not involve 
Federal regulations involving Indian lands.

Executive Order 13211--Regulations That Significantly Affect the 
Supply, Distribution, or Use of Energy

    Executive Order 13211 of May 18, 2001, requires agencies to prepare 
a Statement of Energy Effects for a rulemaking that is (1) considered 
significant under Executive Order 12866, and (2) likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy. Because this rulemaking is exempt from review under Executive 
Order 12866 and is not expected to have a significant adverse effect on 
the supply, distribution, or use of energy, a Statement of Energy 
Effects is not required.

National Environmental Policy Act

    This rulemaking does not require an environmental impact statement 
because 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 rulemaking 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 certifies that this rulemaking 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 rulemaking, 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. In making the determination as to whether this rulemaking 
would have a significant economic impact, the Department relied upon 
the data and assumptions for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rulemaking is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. This rulemaking: 
(a) Does not have an annual effect on the economy of $100 million; (b) 
Will not cause a major increase in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions; and (c) Does not have significant adverse effects 
on competition, employment, investment, productivity, innovation, or 
the ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rulemaking, is based upon 
counterpart Federal regulations for which an analysis was prepared and 
a determination made that the Federal regulation was not considered a 
major rule.

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Unfunded Mandates

    This rulemaking will not impose an unfunded mandate on State, 
local, or tribal governments or the private sector of $100 million or 
more in any given year. This determination is based upon the fact that 
the State submittal, which is the subject of this rulemaking, is based 
upon counterpart Federal regulations for which an analysis was prepared 
and a determination made that the Federal regulation did not impose an 
unfunded mandate.

List of Subjects in 30 CFR Part 943

    Intergovernmental relations, Surface mining, Underground Mining.

    Dated: October 31, 2017.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
    For the reasons set out in the preamble, 30 CFR part 943 is amended 
as set forth below:

PART 943--TEXAS

0
1. The authority citation for Part 943 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


0
2. In Sec.  943.15, the table is amended by adding a new entry in 
chronological order to read as follows:


Sec.  943.15  Approval of Texas regulatory program amendments.

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   Original amendment submission date     Date of final publication              Citation/description
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                                                  * * * * * * *
November 17, 2015......................  November 17, 2017.........  16 TAC 12.108(b)(1)-(3).
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[FR Doc. 2017-24620 Filed 11-16-17; 8:45 am]
 BILLING CODE 4310-05-P