Texas Permanent Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

Texas Permanent Regulatory Program

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

Interior.

ACTION: Proposed Rule; Reopening and Extension of Public Comment Period

on Proposed Amendment.

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SUMMARY: OSM is announcing receipt of additional explanatory

information and revisions pertaining to a previously proposed amendment

to the Texas regulatory program (hereinafter, the ``Texas program'')

under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).

The additional explanatory information and revisions for Texas'

proposed rules and statute pertain to ownership and control. The

amendment is intended to revise the Texas program to be consistent with

the corresponding Federal regulations and SMCRA.

This document sets forth the times and locations that the Texas

program and proposed amendment to that program are available for public

inspection and dates and times of the reopened comment period during

which interested persons may submit written comments on the proposed

amendment.

DATES: Written comments must be received by 4:00 p.m., c.s.t., November

14, 1994.

ADDRESSES: Written comments should be mailed or hand delivered to James

H. Moncrief at the address listed below.

Copies of the Texas program, the proposed amendment, and all

written comments received in response to this document will be

available for public review at the addresses listed below during normal

business hours, Monday through Friday, excluding holidays. Each

requester may receive one free copy of the proposed amendment by

contacting OSM's Tulsa Field Office.

James H. Moncrief, Director, Tulsa Field Office, Office of Surface

Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 550,

Tulsa, OK 74135, Telephone: (918) 581-6430;

Railroad Commission of Texas, Surface Mining and Reclamation Division,

Capitol Station, P.O. Drawer 12967, Austin, TX 78711, Telephone: (512)

463-6900.

FOR FURTHER INFORMATION CONTACT:

James H. Moncrief, Telephone: (918) 581-6430.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program

On February 16, 1980, the Secretary of the Interior conditionally

approved the Texas program. General background information on the Texas

program, including the Secretary's findings, the disposition of

comments, and the conditions of approval of the Texas program can be

found in the February 27, 1980, Federal Register (45 FR 12998).

Subsequent actions concerning Texas' program and program amendments can

be found at 30 CFR 943.15 and 943.16.

II. Submission of Proposed Amendment

By letter dated May 24, 1994, (Administrative Record No. TX-576),

Texas submitted a proposed amendment to its program pursuant to SMCRA.

Texas submitted the proposed amendment in response to required program

amendments at 30 CFR 943.16(c) (1) and (2), (d), (f), (j)(1), (2), (3),

and (4), (r), and (s) (59 FR 13200, March 21, 1994). The ownership and

control provisions of the Texas Coal Mining Regulations (TCMR) at 16

Texas Administrative Code (TAC) Sec. 11.221 and of the Texas Surface

Coal Mining and Reclamation Act (TSCMRA) at Article 5920-11 of the

Texas Revised Civil Statutes Annotated that Texas proposed to amend

were: TCMR Sec. 778.116(m), identification of interests and compliance

information; TCMR Sec. 786.215(e) and (f), review of permit

applications; TCMR 786.216(i) through (n), criteria for permit approval

or denial; TCMR Sec. 788.225(f), (g), and (h), commission review of

outstanding permits; and section 21(c) of TSCMRA, reporting notices of

violations in permit applications.

OSM announced receipt of the proposed amendment in the June 30,

1994, Federal Register (59 FR 33705) and invited public comment on its

adequacy (Administrative Record No. TX-576.07). The public comment

period ended August 1, 1994.

During its review of the amendment, OSM identified concerns

relating to the provisions of the rules and statute at TCMR

Sec. 778.116(m), identification of interests and compliance

information; TCMR Sec. 786.215(e)(1), review of permit applications;

TCMR Sec. 788.225(g), commission review of outstanding permits; and

section 21(c) of TSCMRA, reporting notices of violations in permit

applications. OSM notified Texas of the concerns by letter dated August

11, 1994 (Administrative Record No. TX-576.12). In response to OSM's

concerns for these provisions, Texas, in a letter dated October 6,

1994, submitted a revised amendment (Administrative Record No. TX-

576.13).

Texas proposes to additionally (1) revise TCMR Sec. 778.116(m) and

TCMR Sec. 786.215(e)(1) so that each requires an application to list

violations incurred by the applicant under all SMCRA-approved State

programs, including the Texas program; (2) recodify the previously

proposed second sentence of TCMR Sec. 788.225(g) as (g)(1) and

subparagraphs (g) (1) through (4) as (g)(1) (i) through (iv); (3)

revise TCMR Sec. 788.225(g) to provide that if the Commission elects to

rescind an improvidently issued permit it must serve the permittee with

a notice of the proposed rescission and include the reasons under TCMR

Sec. 788.225(e) for the Commission's findings; (4) revise TCMR

Sec. 788.225(g)(g)(1)(iv) to require the Commission to find that, in

addition to severing any ownership or control link with the responsible

person, the permittee does not continue to be responsible for the

violation, penalty, or fee; and (5) recodify previously proposed TCMR

Sec. 788.225(h) and (i), respectively, as TCMR Sec. 788.225(g)(2) and

(h).

III. Public Comment Procedures

OSM is reopening the comment period on the proposed Texas program

amendment to provide the public an opportunity to reconsider the

adequacy of the proposed amendment in light of the additional materials

submitted. In accordance with the provisions of 30 CFR 732.17(h), OSM

is seeking comments on whether the proposed amendment satisfies the

applicable program approval criteria of 30 CFR 732.15. If the amendment

is deemed adequate, it will become part of the Texas program.

Written comments should be specific, pertain only to the issues

proposed in this rulemaking, and include explanations in support of the

commenter's recommendations. Comments received after the time indicated

under DATES at locations other than the Tulsa Field Office will not

necessarily be considered in the final rulemaking or included in the

administrative record.

IV. Procedural Determinations

1. 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).

2. Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 (Civil Justice Reform) and has

determined that 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 12550) 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.

3. 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 of 1969 (42 U.S.C.

4332(2)(C)).

4. 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.).

5. 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

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. 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 counterpart Federal regulations.

List of Subjects in 30 CFR Part 943

Intergovernmental relations, Surface mining, Underground mining.

Dated: October 21, 1994.

Charles E. Sandberg,

Acting Assistant Director, Western Support Center.

[FR Doc. 94-26603 Filed 10-26-94; 8:45 am]

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