Texas Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 943

[SPATS No. TX-045-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 an amendment to the Texas regulatory program

(Texas program) under the Surface Mining Control and Reclamation Act of

1977 (SMCRA). Texas proposed deletions, revisions, and addition of

regulations concerning air pollution control plans; reclamation plans:

general requirements; air resources protection; stabilization of

surface areas; and coal processing plants: performance standards. Texas

intends to bring its regulations into alignment with Federal

regulations that were revised in 1983.

EFFECTIVE DATE: May 3, 1999.

FOR FURTHER INFORMATION CONTACT: Michael C. Wolfrom, Director, Tulsa

Field Office, Office of Surface Mining, 5100 East Skelly Drive, Suite

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

[email protected].

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. 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 concerning

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

II. Submission of the Proposed Amendment

By letter dated January 28, 1999 (Administrative Record No. TX-

647), Texas sent us an amendment to its program under SMCRA. The

amendment included changes to the Texas Administrative Code (TAC) made

at Texas' own initiative.

We announced receipt of the amendment in the February 12, 1999

Federal Register (64 FR 7145). 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 proposed amendment. The public

comment period closed on March 15, 1999. Because no one requested a

public hearing or meeting, we did not hold one.

III. Director's Findings

Following, under SMCRA and the Federal regulations at 30 CFR 732.15

and 732.17, are our findings concerning the amendment.

A. Regulations Deleted From Texas' Program

1. Sections 12.379 and 12.546, Air Resources Protection (Surface and

Underground Mining, Respectively)

Texas proposed to delete the above regulations. The Federal

counterparts to these State regulations were previously found at 30 CFR

816.95 and 817.95 for surface and underground mining, respectively. We

deleted these Federal counterpart regulations from our own regulations.

See the Federal Register dated January 10, 1983 (48 FR 1163).

Therefore, we are approving the deletion of the above Texas

regulations.

2. Sections 12.389 and 12.554, Regrading or Stabilizing Rills and

Gullies (Surface and Underground Mining, Respectively)

Texas proposed to delete the above regulations. The Federal

counterparts to these State regulations were previously found at 30 CFR

816.106 and 817.106 for surface and underground mining, respectively.

We deleted these Federal counterpart regulations from our own

regulations. See the Federal Register dated January 10, 1983 (48 FR

1163). Therefore, we are approving the deletion of the above Texas

regulations.

B. Revisions to Texas' Regulations That Have the Same Meaning as the

Corresponding Provisions of the Federal Regulations

The State regulations listed in the table below contain language

that is the same as or similar to the corresponding sections of the

Federal regulations. Differences between the State regulations and the

Federal regulations are minor.

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State regulation

Topic (TAC) Federal counterpart regulation (30 CFR)

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Air pollution control plan.. Sections 780.15(a)(2), (b)(1) and (b)(2); 784.26(b).

12.143(a)(2),

(b)(1) and (b)(2);

12.199(2).

Stabilization of surface Sections 12.389 and 816.95 and 817.95.

areas. 12.554.

Coal processing plants: Section 12.651(9)... 827.12(j).

performance standards.

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Because the above State regulations have the same meaning as the

corresponding Federal regulations, we find that they are no less

effective than the Federal regulations.

C. Revisions to Texas' Regulations That Are Not the Same as the

Corresponding Provisions of the Federal Regulations

1. Sections 12.145 and 12.187, Reclamation Plan: General Requirements

(Surface and Underground Mining, Respectively) [30 CFR 780.18(a)(3) and

784.13(b)(3)]

Texas proposed to update and change one of the reference citation

titles in paragraph (b)(3) from ``Regrading or Stabilizing Rills and

Gullies'' to ``Stabilization of Surface Areas.'' We are approving this

change because it is not inconsistent with our Federal regulations at

30 CFR 780.18(a)(3) and 784.13(b)(3).

[[Page 23541]]

2. Section 12.651, Coal Processing Plants: Performance Standards

Texas proposed to update and change one of the reference citation

titles in paragraph (13) from ``Regrading or Stabilizing Rills and

Gullies'' to ``Stabilization of Surface Areas.'' We are approving this

change because it is not inconsistent with our Federal regulations at

30 CFR 827.12(1).

IV. Summary and Disposition of Comments

Public Comments

We asked for public comments on the amendment. In a letter dated

March 12, 1999 (Administrative Record No. TX-647.07), Texas Utilities

Services, Inc. states that it strongly supports the proposed

amendments.

Federal Agency Comments

Under 30 CFR 732.17(h)(11)(i), we requested comments on the

amendment from various Federal agencies with an actual or potential

interest in the Texas program (Administrative Record No. TX-647.03). In

a letter dated February 12, 1999 (Administrative Record No. TX-647.05),

the U.S. Army Corps of Engineers responded that it found the amendment

satisfactory. In a letter dated February 22, 1999 (Administrative

Record No. TX-647.06), the U.S. Department of Agricultural Natural

Resources Conservation Service responded that it had no comments

pertaining to the revised regulations.

Environmental Protection Agency (EPA)

Under 30 CFR 732.17(h)(11)(ii), we are required to get a written

agreement from the EPA for those provisions of the 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, we did not ask the EPA to agree on the amendment.

Under 30 CFR 732.17(h)(11)(i), we requested comments on the

amendment from the EPA (Administrative Record No. TX-647.01), 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 2, 1999, we requested comments on Texas'

amendment (Administrative Record No. TX-647.02), but neither responded

to our request.

V. Director's Decision

Based on the above findings, we approve the amendment as sent to us

by Texas on January 28, 1999. We approve the regulations that Texas

proposed with the provisions that they be published in identical form

to the regulations sent to and reviewed by OSM and the public.

To implement this decision, we are amending the Federal regulations

at 30 CFR Part 943, which codify decisions concerning the Texas

program. We are making this final rule effective immediately to speed

the State program amendment process and to encourage Texas to bring its

program into conformity with the Federal standards. SMCRA requires

consistency of State and Federal standards.

VI. Procedural Determinations

Executive Order 12866

The Office of Management and Budget (OMB) exempts this rule from

review under Executive Order 12866 (Regulatory Planning and Review).

Executive Order 12988

The Department of the Interior has conducted the reviews required

by section 3 of Executive Order 12988 (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 program is

drafted and published 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 State regulatory programs and

program amendments 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

This rule does not require an environmental impact statement since

section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency

decisions on 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. Therefore, this rule will ensure that existing requirements

previously published 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.

Unfunded Mandates

OSM has determined and certifies under the Unfunded Mandates Reform

Act (2 U.S.C. 1502 et seq.) that this rule will not impose a cost of

$100 million or more in any given year on local, state, or tribal

governments or private entities.

List of Subjects in 30 CFR Part 943

Intergovernmental relations, Surface mining, Underground mining.

Dated: April 16, 1999.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

For the reasons set out in the preamble, 30 CFR Part 943 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 in the table by adding a new entry in

chronological order by ``Date of final publication'' to read as

follows:

Sec. 943.15 Approval of Texas regulatory program amendments.

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Date of final

Original amendment submission date publication Citation/description

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January 28, 1999..................... May 3, 1999............ Sections 12.143(a)(2), (b)(1) and (b)(2);

.145(b)(3); .187(b)(3); .199(2); .379; .389;

.546; .554; and .651(9) and (13).

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[FR Doc. 99-11034 Filed 4-30-99; 8:45 am]

BILLING CODE 4310-05-M