Texas Regulatory Program, 11579-11583 [2013-03775]
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Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) Does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
Original amendment
submission date
*
June 26, 2012 ..............
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 901
Intergovernmental relations, Surface
mining, Underground mining.
Dated: November 28, 2012.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
For the reasons set out in the
preamble, 30 CFR part 901 is amended
as set forth below:
PART 901—ALABAMA
1. The authority citation for part 901
continues to read as follows:
■
Authority: 30 U.S.C. 1201 et seq.
2. Section 901.15 is amended in the
table by adding a new entry in
chronological order by ‘‘Date of final
publication’’ to read as follows:
■
§ 901.15 Approval of Alabama regulatory
program amendments.
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Citation/description
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February 19, 2013 ...... ASMC sections 880–X–10C–.62(1)(c) and (d); 880–X–10C–.62(2)(c)(iv), (e), and (g); 880–X–
10D–.56(1)(c) and (d); and 880–X–10D–.56 (2)(c)(iv), (e), and (g).
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 943
[SATS No. TX–065–FOR; Docket ID: OSM–
2012–0019]
Texas Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSM), are approving an amendment to
the Texas regulatory program (Texas
program) under the Surface Mining
Control and Reclamation Act of 1977
(SMCRA or the Act). Texas proposed
revisions to its regulations regarding:
definitions; responsibilities;
identification of interests and
compliance information (surface and
underground mining); identification of
interests; mining in previously mined
areas; review of permit applications;
criteria for permit approval or denial;
commission review of outstanding
permits; challenge of ownership or
control and applicant/violator system
procedures; revegetation standards of
SUMMARY:
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Unfunded Mandates
Date of final
publication
[FR Doc. 2013–03776 Filed 2–15–13; 8:45 am]
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regulation was not considered a major
rule.
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success (surface and underground
mining); responsibility: general;
alternative enforcement; cessation
orders; conditions of permit
environment; application approval and
notice; permit revisions; permit
renewals: completed application;
transfer, assignment or sale of permit
rights: obtaining approval; and
requirements for new permits for
persons succeeding to rights granted
under a permit. Texas intends to revise
its program to be no less effective than
corresponding Federal regulations, to
clarify ambiguities, and to improve
operational efficiency.
DATES: Effective Date: February 19,
2013.
FOR FURTHER INFORMATION CONTACT:
Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581–
6430. Email: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Amendment
III. OSM’s Findings
IV. Summary and Disposition of Comments
V. OSM’s Decision
VI. 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
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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. Submission of the Amendment
By email dated August 9, 2012
(Administrative Record No. TX–702),
Texas sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.). Texas submitted the proposed
amendment in response to a September
30, 2009, letter (Administrative Record
No. TX–665) from OSM, in accordance
with 30 CFR 732.17(c), concerning
multiple changes to its ownership and
control requirements. Texas also made
additional changes to its regulations on
its own initiative. The specific sections
in the Texas program are discussed in
Part III OSM’s Findings. Texas intends
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to revise its program to be no less
effective than the Federal regulations.
We announced receipt of the
proposed amendment in the November
6, 2012, Federal Register (77 FR 66574).
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
amendment. We did not hold a public
hearing or meeting because no one
requested one. The public comment
period ended on December 6, 2012. We
did not receive any public comments.
III. OSM’s Findings
We are approving the amendment as
described below. The following are the
findings we made concerning the
amendment under SMCRA and the
Federal regulations at 30 CFR 732.15
and 732.17. Any revisions that we do
not specifically discuss below
concerning nonsubstantive wording or
editorial changes can be found in the
full text of the program amendment
available at www.regulations.gov.
Texas proposed to revise portions of
its regulations by making minor
reference changes. The Texas
regulations that contain the minor
reference changes are listed in the table
below. These minor reference changes
are no less effective than counterpart
Federal regulations. Therefore, we
approve them.
MINOR REFERENCE CHANGES TABLE
16 Texas Administrative
Code
§ 12.221 .......
§ 12.226 .......
§ 12.228 .......
§ 12.232 .......
§ 12.233 .......
§ 12.239 .......
Title
Conditions of Permits: Environment.
Permit Revisions.
Permit Renewals: Completed
Applications.
Transfer, Assignment or Sale
of Permit Rights: Obtaining
Approval.
Requirements for New Permits
for Persons Succeeding to
Rights Granted Under a
Permit.
Application Approval and Notice.
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A. 16 Texas Administrative Code § 12.3
Definitions.
Texas proposed to add new
definitions for Applicant/Violator
System; Control or controller; Lands
eligible for remining; Own, owner, or
ownership; Remining; and Violation.
Texas also revised definitions for
Knowing or knowingly; Violation
notice; and Willful or willfully. Texas’
new definitions and revised definitions
are substantively the same as
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counterpart Federal regulations at 30
CFR 701.5. Therefore, we approve
Texas’ definitions. Texas deleted its
previous definition, Owned or
controlled and owns and controls,
which does not have a Federal
counterpart. The deletion of this
previously approved definition does not
make Texas’ program less effective than
the Federal regulation. Therefore, we
approve Texas’ deletion.
B. 16 Texas Administrative Code
§ 12.100 Responsibilities.
Texas proposed to delete the word
‘‘renewal’’ in subsection (c). This
subsection places the burden on the
applicant to insure that the application
or revision complies with all the
Commission requirements. We find that
Texas’ deletion of the word ‘‘renewal’’
makes Texas’ regulation substantively
the same as counterpart Federal
regulation at 30 CFR 773.7(b). Therefore,
we approve Texas’ deletion.
C. 16 Texas Administrative Code
§ 12.116 Identification of Interests and
Compliance Information (Surface
Mining); § 12.155 Identification of
Interests; and § 12.156 Identification of
Interest and Compliance Information
(Underground Mining).
Texas proposed to delete old language
in § 12.116 regarding identification of
interests and compliance information
for surface mining. Texas proposed to
add new language regarding certifying
and updating existing permit
information, permit applicant and
operator information, permit history
information, property interest
information, violation information, and
commission actions. We find that Texas’
new language is substantively the same
as counterpart Federal regulations at 30
CFR 778.9 through 778.14. Therefore,
we approve Texas’ revision.
Texas proposed to delete § 12.155
regarding the identification of interest in
certifying or updating existing permit
information, permit applicant and
operator information, permit history
information, property interest
information, and violation information.
Texas’ deletion of this section will
minimize redundant language found in
§ 12.116 regarding identification of
interests and compliance information.
We find that deleting this section does
not make Texas’ regulation less effective
than the Federal regulation. Therefore,
we approve Texas’ deletion.
Texas proposed to delete old language
in § 12.156 regarding the identification
of interests and compliance information
for underground mining. Texas
proposed new language regarding
certifying and updating existing permit
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information, permit applicant and
operator information, permit history
information, property interest
information, violation information, and
commission actions. We find that Texas’
new language is substantively the same
as counterpart Federal regulations at 30
CFR 778.9 through 778.14. Therefore,
we approve Texas’ revision.
D. 16 Texas Administrative Code
§ 12.206 Mining in Previously Mined
Areas.
Texas proposed to add new § 12.206
regarding application requirements for
operations on lands eligible for
remining, in which the applicant must
identify potential environmental and
safety issues related to prior mining
activity, and must describe the
mitigating measures that will be taken to
ensure that the applicable reclamation
requirements of the regulatory program
can be met. We find that this new
section is substantively the same as the
counterpart Federal regulation at 30
CFR 785.25. Therefore, we approve
Texas’ new section.
E. 16 Texas Administrative Code
§ 12.215 Review of Permit Applications.
Texas proposed to add new language
in § 12.215 that requires the entry and
updating of data into the Applicant
Violator System. Additionally, Texas is
adding new language regarding the
review of permit history, review of
compliance history, and making a
permit eligibility determination based
on this information. We find that Texas’
new language is substantially the same
as counterpart Federal regulations at 30
CFR 773.8 through 773.14. Therefore,
we approve Texas’ new language.
F. 16 Texas Administrative Code
§ 12.216 Criteria for Permit Approval or
Denial.
Texas proposed to add new language
in § 12.216(16) regarding permit
findings related to remining sites, that
require the application to contain lands
eligible for remining, an identification
of potential environmental and safety
problems, and mitigation plans that
address any potential environmental or
safety problems. We find that Texas’
new language is substantially the same
as counterpart Federal regulation at 30
CFR 773.15(m). Therefore, we approve
Texas’ new language.
G. 16 Texas Administrative Code
§ 12.225 Commission Review of
Outstanding Permits.
Texas proposed to revise parts of
§ 12.225(d), (e), (g)(1), (g)(1)(A), (B), (C),
(D), (E), (g)(2), and (h) regarding written
findings, preliminary findings for
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improvidently issued permits, permit
suspension and rescission timeframes,
and appeal rights. We find that Texas’
new language is substantially the same
as counterpart Federal regulations at 30
CFR 773.21(c), 773.22(b) and (c),
773.23(a), (b), (c), and (d). Therefore, we
approve Texas’ revisions.
regulations. We find that this revision
does not change any authorities of the
Texas Commission already approved by
OSM. Therefore, we approve Texas’
revision.
H. 16 Texas Administrative Code
§ 12.234 Challenge of Ownership or
Control, Information on Ownership and
Control, and Violations, and Applicant/
Violator System Procedures.
Texas proposed to add new § 12.234
regarding ownership and control
challenges specifically the applicability,
procedures, burden of proof, written
agency decisions, and post-permit
issuance information requirements. We
find that Texas’ new language is
substantially the same as counterpart
Federal regulations at 30 CFR 773.25,
773.26, 773.26(a), 773.27, 773.28,
774.11, and 774.12. Therefore, we
approve Texas’ new section.
Texas proposed to add new § 12.676
regarding alternative enforcement,
specifically for general provisions,
criminal penalties, and civil actions for
relief. We find that Texas’ new section
is substantially the same as counterpart
Federal regulations at 30 CFR 847.2,
847.11, and 847.16. Therefore, we
approve Texas’ revision.
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I. 16 Texas Administrative Code
§ 12.395 Revegetation: Standards for
Success (Surface Mining) and § 12.560
Revegetation: Standards for Success
(Underground Mining).
Texas revised section 12.395(c)(2)(A)
and (B), and (3)(A) and (B) of its surface
mining regulations; and section
12.560(c)(2)(A) and (B), and (3)(A) and
(B) of its underground mining
regulations regarding ground cover
requirements and woody plant
standards for areas with the post-mining
land uses of recreation, wildlife habitat,
or undeveloped land. The proposed
changes to Texas’ regulations are
substantially the same as counterpart
Federal regulations at 30 CFR
816.116(c)(2) and (3), and 30 CFR
817.116(c)(2) and (3). We find that
Texas’ proposed revisions are no less
effective than the Federal requirements,
that vegetative groundcover shall not be
less than that required to achieve the
approved postmining land use.
Therefore, we are approving the change.
J. 16 Texas Administrative Code
§ 12.235 Responsibility: General.
Texas proposed renumbering its
previously approved § 12.234 to
§ 12.235 regarding the general
responsibilities of the Texas
Commission, which shall review
requests for assistance and determine
qualified operators, develop and
maintain a list of qualified laboratories,
conduct periodic on-site program
evaluations, and participate in data
coordination with other agencies. This
change in numbering is done for
consistency with other portions of its
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K. 16 Texas Administrative Code
§ 12.676 Alternative Enforcement.
11581
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 August 16, 2012, we
requested comments on Texas’
amendment (Administrative Record No.
TX–702.1), but neither the SHPO nor
ACHP responded to our request.
IV. Summary and Disposition of
Comments
V. OSM’s Decision
Based on the above findings, we
approve the amendment Texas sent us
on August 9, 2012 (Administrative
Record No. TX–702).
To implement this decision, we are
amending the Federal regulations at 30
CFR Part 943 that codify decisions
concerning the Texas program. We find
that good cause exists under 5 U.S.C.
553(d)(3) to make this final rule
effective immediately. Section 503(a) of
SMCRA requires that the State’s
program demonstrate that the State has
the capability of carrying out the
provisions of the Act and meeting its
purposes. Making this rule effective
immediately will expedite that process.
SMCRA requires consistency of State
and Federal standards.
Public Comments
VI. Procedural Determinations
We asked for public comments on the
amendment, but did not receive any.
Federal Agency Comments
On August 16, 2012, under 30 CFR
732.17(h)(11)(i) and section 503(b) of
SMCRA, we requested comments on the
amendment from various Federal
agencies with an actual or potential
interest in the Texas program
(Administrative Record No. TX–702.1).
We did not receive any comments.
Executive Order 12630—Taking
This rule does not have takings
implications. This determination is
based on the analysis performed for the
counterpart Federal regulation.
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.
L. 16 Texas Administrative Code
§ 12.677 Cessation Orders.
Texas proposed to add new paragraph
§ 12.677(g) regarding the requirement
for written notification to the permittee,
the operator, and anyone listed or
identified as an owner or controller of
an operation, within 60 days of issuing
a cessation order. We find that Texas’
new section is substantively the same as
counterpart Federal regulations at 30
CFR 843.11. Therefore, we approve
Texas’ revision.
Environmental Protection Agency (EPA)
Concurrence and Comment
Under 30 CFR 732.17(h)(11)(ii), we
are required to get a written concurrence
from EPA for those provisions of the
program amendment that relate to air or
water quality standards issued 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 pertains to air or
water quality standards. Therefore, we
did not ask EPA to concur on the
amendment. However, on August 16,
2012, under 30 CFR 732.17(h)(11)(i), we
requested comments from the EPA on
the amendment (Administrative Record
No. TX–702.1). The EPA did not
respond to our request.
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Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
conducted the reviews required by
section 3 of Executive Order 12988 and
has determined that 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
because each 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
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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.
Executive Order 13132—Federalism
This rule does not have Federalism
implications. SMCRA delineates the
roles of the Federal and State
governments with regard to the
regulation of surface coal mining and
reclamation operations. One of the
purposes of SMCRA is to ‘‘establish a
nationwide program to protect society
and the environment from the adverse
effects of surface coal mining
operations.’’ Section 503(a)(1) of
SMCRA requires that State laws
regulating surface coal mining and
reclamation operations be ‘‘in
accordance with’’ the requirements of
SMCRA, and section 503(a)(7) requires
that State programs contain rules and
regulations ‘‘consistent with’’
regulations issued by the Secretary
pursuant to SMCRA.
significant adverse effect on the supply,
distribution, or use of energy. Because
this rule is exempt from review under
Executive Order 12866 and is not
expected to have a significant adverse
effect on the supply, distribution, or use
of energy, a Statement of Energy Effects
is not required.
National Environmental Policy Act
This rule does not require an
environmental impact statement
because 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.).
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
In accordance with Executive Order
13175, we have evaluated the potential
effects of this rule on federally
recognized Indian tribes and have
determined that the rule does not have
substantial direct effects on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
The basis for this determination is that
our decision is on a State regulatory
program and does not involve Federal
regulations involving Indian lands.
Executive Order 13211—Regulations
That Significantly Affect the Supply,
Distribution, or Use of Energy
On May 18, 2001, the President issued
Executive Order 13211, which requires
agencies to prepare a Statement of
Energy Effects for a rule that is (1)
considered significant under Executive
Order 12866, and (2) likely to have a
Regulatory Flexibility Act
The Department of the Interior
certifies 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. 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.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) Does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based upon the fact
that the State submittal, which is the
subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation was not considered a major
rule.
Unfunded Mandates
This rule will not impose an
unfunded mandate on State, local, or
tribal governments or the private sector
of $100 million or more in any given
year. This determination is based upon
the fact that the State submittal, which
is the subject of this rule, is based upon
counterpart Federal regulations for
which an analysis was prepared and a
determination made that the Federal
regulation did not impose an unfunded
mandate.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface
mining, Underground mining.
Dated: January 24, 2013.
Leonard V. Meier,
Acting Director, Mid-Continent Region.
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:
■
§ 943.15 Approval of Texas regulatory
program amendments.
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Original amendment
submission date
Date of final
publication
Citation/description
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August 9, 2012 ........
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February 19, 2013
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16 TAC Administrative Code Sections: 12.3; 12.100(c); 12.116; 12.155; 12.156; 12.206; 12.215;
12.216; 12.221; 12.225; 12.226; 12.228;12.232; 12.233; 12.234; 12.235; 12.239; 12.395; 12.560;
12.676; and 12.677.
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[FR Doc. 2013–03775 Filed 2–15–13; 8:45 am]
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0888; FRL–9780–8]
Approval and Promulgation of
Implementation Plans Tennessee:
Revisions to Volatile Organic
Compound Definition
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve changes to the
Tennessee State Implementation Plan
(SIP), submitted by the State of
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC) on September 3,
1999. Tennessee’s September 3, 1999,
SIP adds 17 compounds to the list of
compounds excluded from the
definition of ‘‘Volatile Organic
Compound’’ (VOC). EPA is approving
this SIP revision because the State has
demonstrated that it is consistent with
the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective
April 22, 2013 without further notice,
unless EPA receives adverse comment
by March 21, 2013. If adverse comment
is received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2012–0888, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2012–
0888,’’ Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
sroberts on DSK5SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:41 Feb 15, 2013
Jkt 229001
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R04–OAR–2012–
0888. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
11583
contact the person listed in the FOR
section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at
lakeman.sean@epa.gov.
FURTHER INFORMATION CONTACT
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Analysis of the State’s Submittal
II. Final Action
III. Statutory and Executive Order Reviews
I. Analysis of the State’s Submittal
Tennessee’s September 3, 1999, SIP
submission changes rule 1200–3–9–.01
to add a total of 17 compounds to the
list of compounds excluded from the
definition of VOC to be consistent with
EPA’s definition of VOC at 40 CFR
51.100(s). The SIP submittal is in
response to EPA’s revision to the
definition of VOC, (at 40 CFR 51.100(s))
published in the Federal Register on
August 25, 1997 (62 FR 44900) and
April 9, 1998 (63 FR 17331) adding the
16 compounds listed below in Table 1
and the compound methyl acetate
respectively. These compounds were
added to the exclusion list for VOC on
the basis that they have a negligible
effect on tropospheric ozone formation.
Tropospheric ozone, commonly
known as smog, occurs when VOC and
nitrogen oxide (NOX) react in the
atmosphere. Because of the harmful
health effects of ozone, EPA limits the
amount of VOC and NOX that can be
released into the atmosphere. VOCs are
those compounds of carbon (excluding
carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides, or
carbonates, and ammonium carbonate)
which form ozone through atmospheric
photochemical reactions. Compounds of
carbon (or organic compounds) have
different levels of reactivity; they do not
react at the same speed, or do not form
ozone to the same extent. It has been
EPA’s policy that compounds of carbon
with a negligible level of reactivity need
not be regulated to reduce ozone (42 FR
35314, July 8, 1977). EPA determines
whether a given carbon compound has
‘‘negligible’’ reactivity by comparing the
compound’s reactivity to the reactivity
of ethane. EPA lists these compounds in
E:\FR\FM\19FER1.SGM
19FER1
]]>Agencies
[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Rules and Regulations]
[Pages 11579-11583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03775]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SATS No. TX-065-FOR; Docket ID: OSM-2012-0019]
Texas Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving an amendment to the Texas regulatory program
(Texas program) under the Surface Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Texas proposed revisions to its regulations
regarding: definitions; responsibilities; identification of interests
and compliance information (surface and underground mining);
identification of interests; mining in previously mined areas; review
of permit applications; criteria for permit approval or denial;
commission review of outstanding permits; challenge of ownership or
control and applicant/violator system procedures; revegetation
standards of success (surface and underground mining); responsibility:
general; alternative enforcement; cessation orders; conditions of
permit environment; application approval and notice; permit revisions;
permit renewals: completed application; transfer, assignment or sale of
permit rights: obtaining approval; and requirements for new permits for
persons succeeding to rights granted under a permit. Texas intends to
revise its program to be no less effective than corresponding Federal
regulations, to clarify ambiguities, and to improve operational
efficiency.
DATES: Effective Date: February 19, 2013.
FOR FURTHER INFORMATION CONTACT: Alfred L. Clayborne, Director, Tulsa
Field Office. Telephone: (918) 581-6430. Email: aclayborne@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. 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. Submission of the Amendment
By email dated August 9, 2012 (Administrative Record No. TX-702),
Texas sent us an amendment to its program under SMCRA (30 U.S.C. 1201
et seq.). Texas submitted the proposed amendment in response to a
September 30, 2009, letter (Administrative Record No. TX-665) from OSM,
in accordance with 30 CFR 732.17(c), concerning multiple changes to its
ownership and control requirements. Texas also made additional changes
to its regulations on its own initiative. The specific sections in the
Texas program are discussed in Part III OSM's Findings. Texas intends
[[Page 11580]]
to revise its program to be no less effective than the Federal
regulations.
We announced receipt of the proposed amendment in the November 6,
2012, Federal Register (77 FR 66574). 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 amendment. We did not hold a
public hearing or meeting because no one requested one. The public
comment period ended on December 6, 2012. We did not receive any public
comments.
III. OSM's Findings
We are approving the amendment as described below. The following
are the findings we made concerning the amendment under SMCRA and the
Federal regulations at 30 CFR 732.15 and 732.17. Any revisions that we
do not specifically discuss below concerning nonsubstantive wording or
editorial changes can be found in the full text of the program
amendment available at www.regulations.gov.
Texas proposed to revise portions of its regulations by making
minor reference changes. The Texas regulations that contain the minor
reference changes are listed in the table below. These minor reference
changes are no less effective than counterpart Federal regulations.
Therefore, we approve them.
Minor Reference Changes Table
------------------------------------------------------------------------
16 Texas Administrative Code Title
------------------------------------------------------------------------
Sec. 12.221....................... Conditions of Permits:
Environment.
Sec. 12.226....................... Permit Revisions.
Sec. 12.228....................... Permit Renewals: Completed
Applications.
Sec. 12.232....................... Transfer, Assignment or Sale of
Permit Rights: Obtaining
Approval.
Sec. 12.233....................... Requirements for New Permits for
Persons Succeeding to Rights
Granted Under a Permit.
Sec. 12.239....................... Application Approval and Notice.
------------------------------------------------------------------------
A. 16 Texas Administrative Code Sec. 12.3 Definitions.
Texas proposed to add new definitions for Applicant/Violator
System; Control or controller; Lands eligible for remining; Own, owner,
or ownership; Remining; and Violation. Texas also revised definitions
for Knowing or knowingly; Violation notice; and Willful or willfully.
Texas' new definitions and revised definitions are substantively the
same as counterpart Federal regulations at 30 CFR 701.5. Therefore, we
approve Texas' definitions. Texas deleted its previous definition,
Owned or controlled and owns and controls, which does not have a
Federal counterpart. The deletion of this previously approved
definition does not make Texas' program less effective than the Federal
regulation. Therefore, we approve Texas' deletion.
B. 16 Texas Administrative Code Sec. 12.100 Responsibilities.
Texas proposed to delete the word ``renewal'' in subsection (c).
This subsection places the burden on the applicant to insure that the
application or revision complies with all the Commission requirements.
We find that Texas' deletion of the word ``renewal'' makes Texas'
regulation substantively the same as counterpart Federal regulation at
30 CFR 773.7(b). Therefore, we approve Texas' deletion.
C. 16 Texas Administrative Code Sec. 12.116 Identification of
Interests and Compliance Information (Surface Mining); Sec. 12.155
Identification of Interests; and Sec. 12.156 Identification of
Interest and Compliance Information (Underground Mining).
Texas proposed to delete old language in Sec. 12.116 regarding
identification of interests and compliance information for surface
mining. Texas proposed to add new language regarding certifying and
updating existing permit information, permit applicant and operator
information, permit history information, property interest information,
violation information, and commission actions. We find that Texas' new
language is substantively the same as counterpart Federal regulations
at 30 CFR 778.9 through 778.14. Therefore, we approve Texas' revision.
Texas proposed to delete Sec. 12.155 regarding the identification
of interest in certifying or updating existing permit information,
permit applicant and operator information, permit history information,
property interest information, and violation information. Texas'
deletion of this section will minimize redundant language found in
Sec. 12.116 regarding identification of interests and compliance
information. We find that deleting this section does not make Texas'
regulation less effective than the Federal regulation. Therefore, we
approve Texas' deletion.
Texas proposed to delete old language in Sec. 12.156 regarding the
identification of interests and compliance information for underground
mining. Texas proposed new language regarding certifying and updating
existing permit information, permit applicant and operator information,
permit history information, property interest information, violation
information, and commission actions. We find that Texas' new language
is substantively the same as counterpart Federal regulations at 30 CFR
778.9 through 778.14. Therefore, we approve Texas' revision.
D. 16 Texas Administrative Code Sec. 12.206 Mining in Previously Mined
Areas.
Texas proposed to add new Sec. 12.206 regarding application
requirements for operations on lands eligible for remining, in which
the applicant must identify potential environmental and safety issues
related to prior mining activity, and must describe the mitigating
measures that will be taken to ensure that the applicable reclamation
requirements of the regulatory program can be met. We find that this
new section is substantively the same as the counterpart Federal
regulation at 30 CFR 785.25. Therefore, we approve Texas' new section.
E. 16 Texas Administrative Code Sec. 12.215 Review of Permit
Applications.
Texas proposed to add new language in Sec. 12.215 that requires
the entry and updating of data into the Applicant Violator System.
Additionally, Texas is adding new language regarding the review of
permit history, review of compliance history, and making a permit
eligibility determination based on this information. We find that
Texas' new language is substantially the same as counterpart Federal
regulations at 30 CFR 773.8 through 773.14. Therefore, we approve
Texas' new language.
F. 16 Texas Administrative Code Sec. 12.216 Criteria for Permit
Approval or Denial.
Texas proposed to add new language in Sec. 12.216(16) regarding
permit findings related to remining sites, that require the application
to contain lands eligible for remining, an identification of potential
environmental and safety problems, and mitigation plans that address
any potential environmental or safety problems. We find that Texas' new
language is substantially the same as counterpart Federal regulation at
30 CFR 773.15(m). Therefore, we approve Texas' new language.
G. 16 Texas Administrative Code Sec. 12.225 Commission Review of
Outstanding Permits.
Texas proposed to revise parts of Sec. 12.225(d), (e), (g)(1),
(g)(1)(A), (B), (C), (D), (E), (g)(2), and (h) regarding written
findings, preliminary findings for
[[Page 11581]]
improvidently issued permits, permit suspension and rescission
timeframes, and appeal rights. We find that Texas' new language is
substantially the same as counterpart Federal regulations at 30 CFR
773.21(c), 773.22(b) and (c), 773.23(a), (b), (c), and (d). Therefore,
we approve Texas' revisions.
H. 16 Texas Administrative Code Sec. 12.234 Challenge of Ownership or
Control, Information on Ownership and Control, and Violations, and
Applicant/Violator System Procedures.
Texas proposed to add new Sec. 12.234 regarding ownership and
control challenges specifically the applicability, procedures, burden
of proof, written agency decisions, and post-permit issuance
information requirements. We find that Texas' new language is
substantially the same as counterpart Federal regulations at 30 CFR
773.25, 773.26, 773.26(a), 773.27, 773.28, 774.11, and 774.12.
Therefore, we approve Texas' new section.
I. 16 Texas Administrative Code Sec. 12.395 Revegetation: Standards
for Success (Surface Mining) and Sec. 12.560 Revegetation: Standards
for Success (Underground Mining).
Texas revised section 12.395(c)(2)(A) and (B), and (3)(A) and (B)
of its surface mining regulations; and section 12.560(c)(2)(A) and (B),
and (3)(A) and (B) of its underground mining regulations regarding
ground cover requirements and woody plant standards for areas with the
post-mining land uses of recreation, wildlife habitat, or undeveloped
land. The proposed changes to Texas' regulations are substantially the
same as counterpart Federal regulations at 30 CFR 816.116(c)(2) and
(3), and 30 CFR 817.116(c)(2) and (3). We find that Texas' proposed
revisions are no less effective than the Federal requirements, that
vegetative groundcover shall not be less than that required to achieve
the approved postmining land use. Therefore, we are approving the
change.
J. 16 Texas Administrative Code Sec. 12.235 Responsibility: General.
Texas proposed renumbering its previously approved Sec. 12.234 to
Sec. 12.235 regarding the general responsibilities of the Texas
Commission, which shall review requests for assistance and determine
qualified operators, develop and maintain a list of qualified
laboratories, conduct periodic on-site program evaluations, and
participate in data coordination with other agencies. This change in
numbering is done for consistency with other portions of its
regulations. We find that this revision does not change any authorities
of the Texas Commission already approved by OSM. Therefore, we approve
Texas' revision.
K. 16 Texas Administrative Code Sec. 12.676 Alternative Enforcement.
Texas proposed to add new Sec. 12.676 regarding alternative
enforcement, specifically for general provisions, criminal penalties,
and civil actions for relief. We find that Texas' new section is
substantially the same as counterpart Federal regulations at 30 CFR
847.2, 847.11, and 847.16. Therefore, we approve Texas' revision.
L. 16 Texas Administrative Code Sec. 12.677 Cessation Orders.
Texas proposed to add new paragraph Sec. 12.677(g) regarding the
requirement for written notification to the permittee, the operator,
and anyone listed or identified as an owner or controller of an
operation, within 60 days of issuing a cessation order. We find that
Texas' new section is substantively the same as counterpart Federal
regulations at 30 CFR 843.11. Therefore, we approve Texas' revision.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
On August 16, 2012, under 30 CFR 732.17(h)(11)(i) and section
503(b) of SMCRA, we requested comments on the amendment from various
Federal agencies with an actual or potential interest in the Texas
program (Administrative Record No. TX-702.1).
We did not receive any comments.
Environmental Protection Agency (EPA) Concurrence and Comment
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued 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 pertains to air or water quality standards.
Therefore, we did not ask EPA to concur on the amendment. However, on
August 16, 2012, under 30 CFR 732.17(h)(11)(i), we requested comments
from the EPA on the amendment (Administrative Record No. TX-702.1). 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 August 16, 2012, we requested comments on Texas'
amendment (Administrative Record No. TX-702.1), but neither the SHPO
nor ACHP responded to our request.
V. OSM's Decision
Based on the above findings, we approve the amendment Texas sent us
on August 9, 2012 (Administrative Record No. TX-702).
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 943 that codify decisions concerning the Texas program.
We find that good cause exists under 5 U.S.C. 553(d)(3) to make this
final rule effective immediately. Section 503(a) of SMCRA requires that
the State's program demonstrate that the State has the capability of
carrying out the provisions of the Act and meeting its purposes. Making
this rule effective immediately will expedite that process. SMCRA
requires consistency of State and Federal standards.
VI. Procedural Determinations
Executive Order 12630--Taking
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
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.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that 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 because
each 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
[[Page 11582]]
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.
Executive Order 13132--Federalism
This rule does not have Federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA, and section 503(a)(7)
requires that State programs contain rules and regulations ``consistent
with'' regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on federally recognized Indian tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
The basis for this determination is that our decision is on a State
regulatory program and does not involve Federal regulations involving
Indian lands.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211, which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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. 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) Will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) Does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation was not considered a
major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a
determination made that the Federal regulation did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 943
Intergovernmental relations, Surface mining, Underground mining.
Dated: January 24, 2013.
Leonard V. Meier,
Acting Director, Mid-Continent Region.
For the reasons set out in the preamble, 30 CFR part 943 is amended
as set forth below:
PART 943--TEXAS
0
1. The authority citation for part 943 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
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.
* * * * *
------------------------------------------------------------------------
Original amendment Date of final
submission date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
August 9, 2012.............. February 19, 16 TAC Administrative
2013. Code Sections: 12.3;
12.100(c); 12.116;
12.155; 12.156; 12.206;
12.215; 12.216; 12.221;
12.225; 12.226;
12.228;12.232; 12.233;
12.234; 12.235; 12.239;
12.395; 12.560; 12.676;
and 12.677.
------------------------------------------------------------------------
[[Page 11583]]
[FR Doc. 2013-03775 Filed 2-15-13; 8:45 am]
BILLING CODE 4310-05-P
