[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Proposed Rules]
[Pages 48675-48676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23267]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 182 / Wednesday, September 20, 1995 /
Proposed Rules
[[Page 48675]]
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SPATS No. TX-027-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 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]
BILLING CODE 4310-05-M