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: Proposed rule; public comment period and opportunity for public

hearing.

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SUMMARY: OSM is announcing receipt of an amendment to the Texas

regulatory program (Texas program) under the Surface Mining Control and

Reclamation Act of 1977 (SMCRA). Texas proposes revisions to

regulations concerning air pollution control plans; reclamation plans:

general requirements; air resources protection; stabilization of

surface areas; and coal

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processing plants: performance standards. Texas intends to revise its

program to be consistent with the corresponding Federal regulations.

This document gives the times and locations that the Texas program

and the amendment to that program are available for your inspection,

the comment period during which you may submit written comments on the

amendment, and the procedures that will be followed for the public

hearing, if one is requested.

DATES: We will accept written comments until 4:00 p.m., c.s.t., March

15, 1999. If requested, we will hold a public hearing on the amendment

on March 9, 1999. We will accept requests to speak at the hearing until

4:00 p.m., c.s.t. on March 1, 1999.

ADDRESSES: You should mail or hand deliver written comments and

requests to speak at the hearing to Michael C. Wolfrom, Director, Tulsa

Field Office, at the address listed below.

You may review copies of the Texas program, the amendment, a

listing of any scheduled public hearings, and all written comments

received in response to this document at the addresses listed below

during normal business hours, Monday through Friday, excluding

holidays. You may receive one free copy of the amendment by contacting

OSM's Tulsa Field Office.

Michael C. Wolfrom, Director, Tulsa Field Office, Office of Surface

Mining, 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: Michael C. Wolfrom, Director, Tulsa

Field Office. Telephone: (918) 581-6430.

Internet:[email protected].

SUPPLEMENTARY INFORMATION:

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. Description 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 includes changes made at Texas' own initiative. Texas

proposes to amend the Texas Coal Mining Regulations. Below is a summary

of the changes proposed by Texas. The full text of the program

amendment is available for your inspection at the locations listed

above under ADDRESSES.

The amendment revises the following topics and sections of the

Texas Coal Mining Regulations:

1. Section 12.143 Air Pollution Control Plan (Surface Mining).

Texas proposes to update reference citations for applicable

performance standards in paragraphs (a)(2), (b)(1) and (b)(2).

2. Section 12.145 and Section 12.187 Reclamation Plan: General

Requirements (Surface Mining and Underground Mining, respectively).

Texas proposes to update and change one of the reference citation

titles in paragraph (b)(3) of both sections from ``Regrading or

Stabilizing Rills and Gullies'' to ``Stabilization of Surface Areas.''

3. Section 12.199 Air Pollution Control Plan (Underground Mining).

Texas proposes to update the reference citation for applicable

performance standards in paragraph (2). The updated reference citation

is Section 12.554 Stabilization of Surface Areas.

4. Section 12.379 and Section 12.546 Air Resources Protection

(Surface Mining and Underground Mining, respectively).

Texas proposes to delete these two sections from its regulations.

5. Section 12.389 and Section 12.554 Regrading or Stabilizing Rills

and Gullies (Surface Mining and Underground Mining, respectively).

Texas proposes to change the name of these two sections from

``Regrading or Stabilizing Rills and Gullies'' to ``Stabilization of

Surface Areas.'' Texas also proposes to delete the existing language in

these sections and replace it with the following language:

(a) All exposed surface areas shall be protected and stabilized to

effectively control erosion and air pollution attendant to erosion.

(b) Rills and gullies, which form in areas that have been regraded

and topsoiled and which either:

(1) Disrupt the approved postmining land use or the reestablishment

of the vegetative cover; or

(2) Cause or contribute to a violation of water-quality standards

for receiving streams; shall be filled, regraded or otherwise

stabilized; topsoil shall be replaced; and the areas shall be reseeded

or replanted.

6. Section 12.651 Coal Processing Plants: Performance Standards

(Surface Mining).

Texas proposes to delete the existing language in paragraph (9) and

replace it with the following language:

(9) Erosion and air pollution attendant to erosion shall be

controlled in accordance with Sec. 12.389 of this title (relating to

Stabilization of Surface Areas);

Texas also proposes to update and change one of the reference

citation titles from ``Regrading or Stabilizing Rills and Gullies'' to

``Stabilization of Surface Areas.''

III. Public Comment Procedures

Under the provisions of 30 CFR 732.17(h), we are requesting

comments on whether the proposed amendment satisfies the applicable

program approval criteria of 30 CFR 732.15. If we approve the

amendment, it will become part of the Texas program.

Written Comments

Your written comments should be specific and pertain only to the

issues proposed in this rulemaking. You should explain the reason for

any recommended change. In the final rulemaking, we will not

necessarily consider or include in the Administrative Record any

comments received after the time indicated under DATES or at locations

other than the Tulsa Field Office.

Public Hearing

If you wish to speak at the public hearing, contact the person

listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., c.s.t. on

March 1, 1999. We will arrange the location and time of the hearing

with those persons requesting the hearing. If you are disabled and need

special accommodation to attend a public hearing, contact the

individual listed under FOR FURTHER INFORMATION CONTACT. We will not

hold the hearing if no one requests an opportunity to speak at the

public hearing.

You should file a written statement at the time you request the

hearing. This will allow us 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. If

you are in the audience and have not been scheduled to speak and wish

to do so, you will be allowed to speak after

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those who have been scheduled. We will end the hearing after all

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

to speak have been heard.

Public Meeting

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

we may hold a public meeting, rather than a public hearing. If you wish

to meet with us to discuss the amendment, request a meeting by

contacting the person listed under FOR FURTHER INFORMATION CONTACT. All

such meetings are open to the public and, if possible, we will post

notices of meetings at the locations listed under ADDRESSES. We will

also make a written summary of each meeting part of the Administrative

Record.

IV. 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: February 4, 1999.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 99-3435 Filed 2-11-99; 8:45 am]

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