[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Proposed Rules]
[Pages 43759-43761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14461]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 943
[SATS No. TX-071-FOR; Docket ID: OSM-2019-0011; S1D1S SS08011000
SX064A000 201S180110; S2D2S SS08011000 SX064A000 20XS501520]
Texas Abandoned Mine Land Reclamation Plan
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed amendment to the Texas
Abandoned Mine Land Plan (hereinafter, the Plan) under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Texas
proposes revisions to its Plan to allow its AML program to receive
limited liability protection for certain non-coal reclamation projects.
Texas intends to revise its Plan in order to meet the requirements of
SMCRA and the implementing Federal regulations. This document gives the
times and locations where the Texas Plan and this proposed amendment to
that Plan are available for your inspection, establishes the comment
period during which you may submit written comments on the amendment,
and describes the procedures that we will follow for the public
hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4:00
p.m., CST, August 19, 2020. If requested, we will hold a public hearing
on the amendment on August 14, 2020. We will accept requests to speak
at a hearing until 4:00 p.m., CST on August 4, 2020.
ADDRESSES: You may submit comments, identified by SATS No. TX-071-FOR,
by any of the following methods:
Mail/Hand Delivery: Joseph R. Maki, 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-2019-0011. If you would like to submit comments
go to http://www.regulations.gov. Follow the instructions for
submitting comments.
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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
Plan, this amendment, 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 amendment by contacting OSMRE's Tulsa Field Office, or the full
text of the program amendment is available for you to review at
www.regulations.gov.
Joseph R. Maki, 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, Email:
[email protected]
In addition, you may review a copy of the amendment during regular
business hours at the following location: 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: Joseph R. Maki, Director, Tulsa Field
Office. Telephone: (918) 581-6430, email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Texas Plan
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
I. Background on the Texas Plan
The Abandoned Mine Land Reclamation Program was established by
Title IV of the Act (30 U.S.C. 1201 et seq.), in response to concerns
over extensive environmental damage caused by past coal mining
activities. The program is funded by a reclamation fee collected on
each ton of coal that is produced. The money collected is used to
finance the reclamation of abandoned coal mines and for other
authorized activities. Section 405 of the Act allows States and Tribes
to assume exclusive responsibility for reclamation activity within the
State or on Tribal lands if they develop and submit to the Secretary of
the Interior for approval, a program (often referred to as a Plan) for
the reclamation of abandoned coal mines. On the basis of these
criteria, the Secretary of the Interior approved the Texas Plan June
23, 1980. You can also find later actions concerning the Texas Plan and
amendments to the Plan at 30 CFR 943.25.
II. Description of the Proposed Amendment
By letter dated December 3, 2019 (Administrative Record No. TX-
708), Texas sent us an amendment to its program under SMCRA (30 U.S.C.
1201 et seq.) in response to a March 6, 2019, letter (Administrative
Record No. TX-0707) OSMRE sent to Texas in accordance with 30 CFR
884.15. The full text of the plan amendment is available for you to
read at the locations listed above under ADDRESSES.
Effective March 9, 2015, OSMRE published a final rule allowing
certified AML programs to receive limited liability protection for
certain non-coal reclamation projects (80 FR 6435). In the March 6,
2019, letter (Administrative Record No. TX-0707), we notified Texas
that the state must update its Plan in order to meet the requirements
of SMCRA and the implementing Federal regulations.
Texas proposes to amend its Plan to meet the requirements to
receive limited liability protection for certain non-coal reclamation
projects, and to meet the requirements of SMCRA and the implementing
Federal regulations.
Texas also proposes to amend several sections of its Coal Mining
Regulations at 16 TAC Chapter 12. Major revisions and/or additions
include section 12.804, Reclamation Objectives and Priorities and
section 12.805, Water Supply Restoration.
Changes and additions to section 12.804 include updating references
and adding project priority information from Section 403(a) of SMCRA.
Changes to section 12.805 include changing the section title from
Utilities and Other Facilities to Water Supply Restoration, defining
water supply projects and other administrative changes.
Any changes not specifically mentioned here are administrative in
nature and considered not sustentative.
III. Public Comment Procedures
We are seeking your comments on whether the amendment satisfies the
applicable plan approval criteria of 30 CFR 884.14 and 884.15. If we
approve the amendment, it will become part of the state Plan.
Electronic or Written Comments
If you submit written comments, they should be specific, confined
to issues pertinent to the proposed Plan, 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 plan
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) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email 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 4:00 p.m., CST on
August 4, 2020. 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
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discuss the amendment, please 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 make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
Pursuant to Office of Management and Budget (OMB) Guidance dated
October 12, 1993, the approval of state plan amendments is exempted
from OMB review under Executive Order 12866.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a Plan amendment to OSMRE for review, our
regulations at 30 CFR 884.14 and 884.15, and agency policy require
public notification and an opportunity for public comment. We
accomplish this by publishing a notice in the Federal Register
indicating receipt of the proposed amendment and its text or a summary
of its terms. 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.
Alfred L. Clayborne,
Regional Director, IR 3, 4 and 6.
[FR Doc. 2020-14461 Filed 7-17-20; 8:45 am]
BILLING CODE 4310-05-P