Texas Regulatory Program

SUMMARY: OSM is announcing receipt of a proposed amendment to the Texas

permanent regulatory program (hereinafter the ``Texas program'') under

the Office of Surface Mining Control and Reclamation Act of 1977

(SMCRA). The proposed amendment consists of revisions to the Texas Coal

Mining Regulations pertaining to identification of interests and

compliance information and Commission of Texas (Commission) review of

outstanding permits and revisions to the Texas Surface Coal Mining and

Reclamation Act pertaining to rulemaking and permitting and suspension

or rescission of improvidently issued permits. The amendment is

intended to revise the Texas program to be consistent with the

corresponding Federal regulations and SMCRA.

DATES: Written comments must be received by 4 p.m., c.d.t., October 20,

1995. If requested, a public hearing on the proposed amendment will be

held on October 16, 1995. Requests to speak at the hearing must be

received by 4 p.m., c.d.t., on October 5, 1995.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Mr. Tim L. Dieringer, Acting Director,

Tulsa Field Office, at the address listed below.

Copies of the Texas program, the proposed amendment, a listing of

any scheduled public hearings, 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.

Tim L. Dieringer, Acting Director, Tulsa Field Office, Office of

Surface Mining Reclamation and Enforcement, 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:

Mr. Tim L. Dieringer, Acting Director, Tulsa Field Office, 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 can be found in the February

27, 1980, Federal Register (45 FR 12998). Subsequent actions concerning

the Texas program can be found at 30 CFR 943.10, 943.15, and 943.16.

II. Description of the Proposed Amendment

By letter dated August 30, 1995 (Administrative Record No. TX-595),

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

Texas submitted the proposed amendment in response to the required

program amendments codified at 30 CFR 943.16(r), (t), and (u) [59 FR

13200, March 21, 1994, and 60 FR 15675, March 27, 1995]. The provisions

of the Texas Coal Mining Regulations (TCMR) at 16 Texas Administrative

Code (TAC) 11.221 and of the Texas Surface Coal Mining and Reclamation

Act (TSCMRA) that Texas proposes to amend are:

1. TCMR 778.116(m), Identification of Interests and Compliance

Information

Texas proposes to revise and delete existing language and add new

language which requires a permit application to include information on

all outstanding violation notices, not just those for unabated

cessation orders and unabated air and water quality violation notices,

received prior to the date of the application by any surface coal

mining operation that is deemed or presumed to be owned or controlled

by either the applicant or by any person who is deemed or presumed to

own or control the applicant under Texas' definition of ``owned or

controlled'' and ``owns or controls'' at Sec. 701.008. Texas is also

incorporating an ownership and control provision which requires the

applicant to certify that each unabated violation notice issued under

the Texas program or a Federal or state program is in the process of

being corrected to the satisfaction of the agency with jurisdiction

over the violation.

2. TCMR 788.225(g)(1), Commission Review of Outstanding Permits

Texas proposes to require that the Commission's findings pertaining

to a permittee's challenge to the Commission's decision to suspend or

rescind an improvidently issued permit be consistent with the

provisions of the Federal regulations at 30 CFR 773.25.

3. Article 5920-11, TSCMRA, Section 6(b), Rulemaking and Permitting

Pursuant to the Administrative Procedure Act

Texas proposes to amend section 6(b) of TSCMRA by deleting the

language ``and Texas Register Act, as amended'' and adding the

following new language.

(b) * * * Act (Chapter 2001, Government Code).

The Administrative Procedure Act does not apply to actions by

the Commission to suspend or rescind an improvidently issued permit

as authorized by Section 21a of this Act, except that a permittee

who is the subject of a suspension or rescission notice issued by

the Commission under Section 21a of this Act may file an appeal for

administrative review of the notice as provided by Commission rules,

and such review shall be governed by the Administrative Procedure

Act.

4. Article 5920-11, TSMCRA, Section 21(c), Reporting Notices of

Violations in Permit Applications

Texas proposes to revise the existing language of the first

sentence of section 21(c) by adding the requirement that applicants

report notices of violations of SMCRA; by adding the word ``other''

after the word ``any'' in the phrase ``and

[[Page 48676]]

any law, rule, or regulation of the United States''; by deleting the

words ``within the state'' from the phrase ``in connection with any

surface coal mining operation within the state during the three-year

period''; by deleting the words ``shall include in'' from the phrase

``shall include in the schedule''; and by adding the words shown in

italics to the revised phrase ``the schedule shall indicate the final

resolution of any such notice of violation.'' Texas proposes to add new

language requiring that the schedule include notices of violations of

Federal regulations or Federal or state programs adopted under SMCRA.

Texas is, also, revising the existing second sentence by deleting the

phrase ``or that the notice of violation is being contested by the

applicant'' and adding the phrase ``or other laws referred to in this

subsection'' after the phrases ``with a demonstrated pattern of willful

violations of this Act'' and ``with such resulting irreparable damage

to the environment as to indicate an intent not to comply with this

Act.''

5. Article 5920-11, TSMCRA, Section 21a, Suspension or Rescission of

Improvidently Issued Permits

Texas proposes to add a new section which authorizes the Commission

to adopt and enforce rules relating to suspension or rescission of

improvidently issued permits that are consistent with and no less

effective than Federal regulations adopted under SMCRA.

III. Public Comment Procedures

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

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 or at locations other than the Tulsa Field Office will not

necessarily be considered in the final rulemaking or included in the

Administrative Record.

Public Hearing

Persons wishing to speak at the public hearing should contact the

person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t.,

on October 5, 1995. The location and time of the hearing will be

arranged with those persons requesting the hearing. If no one requests

an opportunity to speak at the public hearing, the hearing will not be

held.

Filing of a written statement at the time of the hearing is

requested as it will greatly assist the transcriber. Submission of

written statements in advance of the hearing will allow OSM officials

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. Persons in the audience who

have not been scheduled to speak, and who wish to do so, will be heard

following those who have been scheduled. The hearing will end after all

persons scheduled to speak and persons present in the audience who wish

to speak have been heard.

Any disabled individual who has need for a special accommodation to

attend a public hearing should contact the individual listed under FOR

FURTHER INFORMATION CONTACT.

Public Meeting

If only one person requests an opportunity to speak at a hearing, a

public meeting, rather than a public hearing, may be held. Persons

wishing to meet with OSM representatives to discuss the proposed

amendment may request a meeting by contacting the person listed under

FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the

public and, if possible, notices of meetings will be posted at the

locations listed under ADDRESSES. A written summary of each meeting

will be made a part of the Administrative Record.

IV. Procedural Determinations

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).

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, 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 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 1255) and 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.

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 (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

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: September 13, 1995.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 95-23267 Filed 9-19-95; 8:45 am]

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