[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Proposed Rules]
[Pages 50708-50710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20548]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SATS Nos. TX-061-FOR; TX-062-FOR; TX-063-FOR; Docket ID: OSM-2011-
0007]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are announcing receipt of three proposed amendments to the Texas
regulatory program under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act).
Texas at its own initiative submitted three separate amendments to
its program: SATS Nos. TX-061-FOR, TX-062-FOR, and TX-063-FOR. Texas
proposes revisions in TX-061-FOR by adding language that no longer
requires an operation with only reclamation activities ongoing to renew
their mining permit, to clarify the requirement to maintain public
liability insurance for sites where the permit is not renewed because
the only activities ongoing are reclamation, and to clarify midterm
review times for sites where the permit is not renewed because the only
ongoing activities are reclamation. Texas proposes revisions in TX-062-
FOR by adding a new definition for ``Previously mined land,'' adding
new language on the effects of previous mining violations from
operations on previously mined lands in relation to permit application
denials, and adding new language explaining performance standards for
revegetation liability timeframes for coal mining and reclamation
operations. Texas proposes revisions in TX-063-FOR by adding a new
definition for ``Director;'' deleting old language, and adding new
language clarifying the review periods for new permits, renewals, and
significant revisions. Texas intends to revise its program to improve
operational efficiency.
This document provides the times and locations that the Texas
program and proposed amendments to that program are available for
public inspection, the comment period during which you may submit
written comments on these amendments, and the procedures that we will
follow for the public hearing, if one is requested.
DATES: We will accept written comments on these amendments until 4
p.m., c.d.t., September 15, 2011. If requested, we will hold a public
hearing on the amendments on September 12, 2011. We will accept
requests to speak at a hearing until 4 p.m., c.d.t. on August 31, 2011.
ADDRESSES: You may submit comments, identified by SATS Nos. TX-061-FOR,
TX-062-FOR, or TX-063-FOR by any of the following methods:
E-mail: aclayborne@osmre.gov. Include SATS Nos. TX-061-
FOR, TX-062-FOR, or TX-063-FOR in the subject line of the message.
Mail/Hand Delivery: Alfred L. Clayborne, Director, Tulsa
Field Office, Office of Surface Mining Reclamation and Enforcement,
1645 South 101st East Avenue, Suite 145, Tulsa, Oklahoma 74128-4629.
Fax: (918) 581-6419.
Federal eRulemaking Portal: The amendment has been
assigned Docket ID OSM-2011-0007. If you would like to submit comments,
go to http://www.regulations.gov and follow the instructions.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the Public Comment Procedures heading of the SUPPLEMENTARY
INFORMATION section of this document.
Docket: For access to the docket to review copies of the Texas
regulations, these amendments, a listing of any scheduled public
hearings, and all written comments received in response to this
document, you must go to the address listed below during normal
business hours, Monday through Friday, excluding holidays. You may
receive one free copy of the amendments by contacting OSM's Tulsa Field
Office; or you can view the full text of the program amendments
available for you to read at http://www.regulations.gov.
Alfred L. Clayborne, Director, Tulsa Field Office, Office of
Surface Mining Reclamation and Enforcement, 1645 South 101st East
Avenue, Suite 145, Tulsa, Oklahoma 74128-4629, Telephone: (918) 581-
6430, E-mail: aclayborne@osmre.gov.
In addition, you may review a copy of the amendments during regular
business hours at the following location:
Railroad Commission of Texas, 1701 North Congress Ave., Austin, Texas
78711-2967, Telephone: (512) 463-6900.
FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581-6430. E-mail: aclayborne@osmre.gov.
[[Page 50709]]
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Description of the Proposed Amendments
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Texas Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, ``a State law which provides
for the regulation of surface coal mining and reclamation operations in
accordance with the requirements of this Act * * *; and rules and
regulations consistent with regulations issued by the Secretary
pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the Interior conditionally approved
the Texas program effective February 16, 1980. You can find background
information on the Texas program, including the Secretary's findings,
the disposition of comments, and the conditions of approval of the
Texas program in the February 27, 1980, Federal Register (45 FR 12998).
You can also find later actions concerning the Texas program and
program amendments at 30 CFR 943.10, 943.15, and 943.16.
II. Description of the Proposed Amendments
1. By letter dated May 18, 2011, (Administrative Record No. TX-667)
Texas sent us an amendment to its Program under SMCRA (30 U.S.C. 1201
et seq.) at its own initiative. Below is a summary of the changes
proposed by Texas. The full text of the program amendment is available
for you to read at the locations listed above under ADDRESSES or at
http://www.regulations.gov.
A. 16 Texas Administrative Code (TAC) Sec. 12.100--Responsibilities
Texas proposes to add new language allowing a permittee to not
renew their mining permit if the activities on the site are solely for
reclamation purposes.
B. 16 TAC Sec. 12.225--Commission Review of Outstanding Permits
Texas proposes to add new language clarifying the requirement for
midterm permit reviews on permits that are not renewed because the only
activities are solely for reclamation.
C. 16 TAC Sec. 12.311--Terms and Conditions for Liability Insurance
Texas proposes to add new language clarifying the need to maintain
liability insurance on a site if the permit is not renewed because the
only activities are solely for reclamation.
2. By letter dated May 26, 2011, (Administrative Record No. TX-668)
Texas sent us an amendment to its Program under SMCRA (30 U.S.C. 1201
et seq.) at its own initiative. Below is a summary of the changes
proposed by Texas. The full text of the program amendment is available
for you to read at the locations listed above under ADDRESSES or at
http://www.regulations.gov.
A. Texas Natural Resource Code (NRC) Sec. 134.004--Definitions
Texas proposes to add a new definition for ``Previously mined
land.''
B. Texas NRC Sec. 134.069--Effect of Past or Present Violation
Texas proposes to add a new paragraph in this section, explaining
that the Commission may not deny a permit application based on previous
violations by the applicant that occurred in connection with a surface
coal mining operation conducted on previously mined land if the
violation resulted from an event or condition that was not contemplated
in the permit for the surface coal mining operation.
C. Texas NRC Sec. 134.092--PERFORMANCE STANDARDS
Texas proposes to add new language in this section establishing
timeframes regarding the assumption of responsibility for successful
revegetation as required by Subdivision (19). These are established
five years after the last year of augmented seeding, fertilizing,
irrigation, or other work in order to assure compliance with that
subdivision, if the land is not previously mined land; or two years
after the last year of augmented seeding, fertilizing, irrigation, or
other work in order to assure compliance with that subdivision, if the
land is previously mined land.
D. Texas NRC Sec. 134.104--Responsibility for Revegetation: Area of
Low Precipitation.
Texas proposes to add new language in this section clarifying that
where the annual average precipitation is 26 inches or less, an
operator's assumption of responsibility and liability extends for 10
years after the last year of augmented seeding, fertilizing,
irrigation, or other work, if the land is not previously mined land; or
five years after the last year of augmented seeding, fertilizing,
irrigation, or other work, if the land is previously mined land.
E. Texas NRC Sec. 134.105--Responsibility for Revegetation: Long-Term
Intensive Agricultural Postmining Use
Texas proposes to delete language in this section pertaining to the
applicable period of responsibility for revegetation beginning on the
date of initial planting.
3. By letter dated June 3, 2011, (Administrative Record No. TX-669)
Texas sent us an amendment to its Program under SMCRA (30 U.S.C. 1201
et seq.) at its own initiative. Below is a summary of the changes
proposed by Texas.
A. Texas Natural Resource Code (NRC) Sec. 134.004--Definitions
Texas proposes to add a new definition for ``Director.''
B. Texas NRC Sec. 134.080--Approval or Disapproval of Permit Revision
Texas proposes to delete the word ``DISAPPROVAL'' from this section
heading and delete the paragraph that gives the timeframes for the
Commission to approve or disapprove a permit revision application.
C. Texas NRC Sec. 134.085--Review Periods for New Permits, Renewals,
and Revisions
Texas proposes to add this section clarifying review timeframes
upon receipt of an application for a new permit, permit renewal, or
significant permit revision.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether Texas' proposed amendments satisfy the applicable
program approval criteria of 30 CFR 732.15. If we approve the
amendments, they will become part of Texas' State Program.
Electronic or Written Comments
If you submit written comments, they should be specific, confined
to issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent State or
Federal laws or regulations, technical literature, or other relevant
publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES)
[[Page 50710]]
will be included in the docket for this rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment including your personal identifying
information may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., c.d.t. on
August 31, 2011. If you are disabled and need reasonable accommodations
to attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be 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 those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendments, please request a meeting by contacting
the person listed under FOR FURTHER INFORMATION CONTACT. All such
meetings are open to the public; if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: June 23, 2011.
Len Meier,
Acting Regional Director, Mid-Continent Region.
[FR Doc. 2011-20548 Filed 8-15-11; 8:45 am]
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