Texas Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 943

[SPATS No. TX-029-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 a proposed amendment to the Texas regulatory

program (hereinafter referred to as the ``Texas program'') under the

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

proposed revisions to rules pertaining to road systems, support

facilities, and utility installations. The amendment is intended to

revise the Texas program to be consistent with the corresponding

Federal regulations and incorporate the additional flexibility afforded

by the revised Federal regulations.

EFFECTIVE DATE: April 8, 1996.

FOR FURTHER INFORMATION CONTACT:

Jack R. Carson, Acting Director, Tulsa Field Office, Office of Surface

Mining Reclamation and Enforcement, 5100 East Skelly Drive, Suite 470,

Tulsa, Oklahoma 74135-6548, Telephone: (918) 581-6430.

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. 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 conditions of approval and program amendments can be found at 30

CFR 943.10, 943.15, and 943.16.

II. Submission of the Proposed Amendment

By letter dated December 20, 1995 (Administrative Record No. TX-

608), Texas submitted a proposed amendment to its program pursuant to

SMCRA. Texas submitted the proposed amendment in response to a February

21, 1990, letter (Administrative Record No. TX-476) that OSM sent to

Texas in accordance with 30 CFR 732.17(c), and at its own initiative.

Texas proposed to revise Texas Coal Mining Regulations (TCMR)

708.008(71), definition of road; 780.154, road systems and support

facilities; 816.400-403, roads, primary roads, utility installations,

and support facilities (surface); 784.198, road systems and support

facilities (underground); 817.569-572, roads, primary roads, utility

installations, and support facilities (underground); 815.327, coal

exploration performance standards; and 827.651, coal processing plants

performance standards.

OSM announced receipt of the proposed amendment in the February 1,

1996, Federal Register (61 FR 3628), and in the same document opened

the public comment period and provided an opportunity for a public

hearing on the adequacy of the proposed amendment. The public comment

period closed on March 4, 1996.

By letter dated February 14, 1996 (Administrative Record No. TX-

608.04), Texas notified OSM that the references to Sections 780.154 and

784.198 at the end of proposed new subsections 816.401(b) and

817.570(b) were in error and removed the provisions.

III. Director's Findings

Set forth below, pursuant to SMCRA and the Federal regulations at

30 CFR 732.15 and 732.17, are the Director's findings concerning the

proposed amendment.

Revisions not specifically discussed below concern nonsubstantive

wording changes, or revised cross-references and

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paragraph notations to reflect organizational changes resulting from

this amendment.

A. Revisions to Texas' Regulations That Are Substantively Identical to

the Corresponding Provisions of the Federal Regulations

TCMR 701.008(71), Definition of ``Road'' (30 CFR 701.5); TCMR

780.154(a) (Surface Mining) and TCMR 784.198(a) (Underground Mining),

Plans and drawings (30 CFR 780.37(a) (Surface Mining) and 30 CFR

784.24(a) (Underground Mining)); TCMR 780.154(b) (Surface Mining) and

TCMR 784.198(b) (Underground Mining), Primary road certification (30

CFR 780.37(b) (Surface Mining) and 30 CFR 784.24(b) (Underground

Mining)); TCMR 780.154(c) (Surface Mining) and TCMR 784.198(c)

(Underground Mining), Support facilities (30 CFR 780.38 (Surface

Mining) and 30 CFR 784.30 (Underground Mining)); TCMR 816.400 (Surface

Mining) and TCMR 817.569 (Underground Mining), Roads: General (30 CFR

816.150 (Surface Mining) and 30 CFR 817.150 (Underground Mining)); TCMR

816.402 (Surface Mining) and TCMR 817.571 (Underground Mining), Utility

installations (30 CFR 816.180 (Surface Mining) and 30 CFR 817.180

(Underground Mining)); TCMR 816.403 (Surface Mining) and TCMR 817.572

(Underground Mining), Support facilities (30 CFR 816.181 (Surface

Mining) and 30 CFR 817.181 (Underground Mining)); TCMR 815.327(c),

Performance standards for coal exploration (30 CFR 815.15(b)); and TCMR

827.651(b), Coal processing plants: Performance standards (30 CFR

872.12(h)).

Because the above proposed revisions are identical in meaning to

the corresponding Federal regulations, the Director finds that Texas'

proposed rules are no less effective than the Federal rules.

B. TCMR 816.401 (Surface Mining) and TCMR 817.570 (Underground Mining)

At TCMR 816.401 (Surface Mining) and TCMR 817.570 (Underground

Mining), Texas proposed revisions that are substantively identical to

the corresponding provisions of the Federal regulations at 30 CFR

816.151 (Surface Mining) and 30 CFR 817.151 (Underground Mining),

except that at TCMR 816.401(b) and TCMR 817.570(b), Texas proposed to

include the language, ``or meet the requirements established under

Section 780.154 (784.198) of this chapter.'' By letter dated February

14, 1996 (Administrative Record No. TX-608.04), Texas notified OSM that

the references to Sections 780.154 and 784.198 at the end of proposed

new subsections 816.401(b) and 817.570(b) were in error and modified

its submittal to remove those references. Therefore, the revised

language is substantively identical to the corresponding Federal

regulations, and the Director finds that Texas' proposed rules are no

less effective than the Federal rules.

IV. Summary and Disposition of Comments

Public comments

The Director solicited public comments and provided an opportunity

for a public hearing on the proposed amendment. The Texas Mining and

Reclamation Association responded by letter dated February 29, 1996,

and stated its Board of Directors and its operating companies ``fully

support the amendment'' (Administrative Record No. 608.07). Texas

Utilities Services, Inc., in a letter dated March 1, 1996, noted the

state language ``vehicle travel on other than established graded and

surfaced roads shall be limited by the person who conducts coal

exploration to that absolutely necessary to conduct the exploration''

has been deleted (Administrative Record No. 608.08). OSM acknowledges

this language has been deleted from TCMR 815.327(c)(1).

Because no one requested an opportunity to speak at a public

hearing, no hearing was held.

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited

comments on the proposed amendment from various Federal agencies with

an actual or potential interest in the Texas program. The U.S. Army

Corps of Engineers responded by letter dated February 27, 1996, and

stated the proposed amendments to Texas Coal Mining Regulations were

satisfactory to the agency (Administrative Record No. TX-608.06). No

other Federal agency comments were received.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the

written concurrence of the EPA with respect to those provisions of the

proposed 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, OSM did not

request EPA's concurrence.

Pursuant to 732.17(h)(11)(i), OSM solicited comments on the

proposed amendment from EPA (Administrative Record No. TX-608.03). EPA

responded by letter dated February 23, 1996, and stated the agency had

no comments (Administrative Record No. TX-608.05).

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit

comments on proposed amendments which may have an effect on historic

properties from the SHPO and ACHP. OSM solicited comments on the

proposed amendment from the SHPO and ACHP (Administrative Record No.

TX-608.01). ACHP did not respond to OSM's request. The SHPO responded

on February 12, 1996, that the proposed amendment would have no effect

on National Register-eligible or listed properties or State

Archaeological Landmarks (Administrative Record No. TX-608.03).

V. Director's Decision

Based on the above findings, the Director approves the proposed

amendment as submitted by Texas on December 20, 1995, and as revised on

February 14, 1996.

The Director approves the rules as proposed by Texas with the

provision that they be fully promulgated in identical form to the rules

submitted to and reviewed by OSM.

The Federal regulations at 30 CFR Part 943, codifying decisions

concerning the Texas program, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. 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

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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 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.

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

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. 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 corresponding Federal regulations.

List of Subjects in 30 CFR Part 943

Intergovernmental relations, Surface mining, Underground mining.

Dated: March 29, 1996.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

For the reasons set out in the preamble, Title 30, Chapter VII,

Subchapter T, part 943 of the Code of Federal Regulations 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 by adding paragraph (m) to read as

follows:

Sec. 943.15 Approval of regulatory program amendments.

* * * * *

(m) The amendment submitted to OSM on December 20, 1995, and as

revised on February 14, 1996, is approved effective April 8, 1996.

[FR Doc. 96-8631 Filed 4-5-96; 8:45 am]

BILLING CODE 4310-05-M