5942 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Proposed Rules 

published elsewhere in this issue of the 

Federal Register.]

* * * * *

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement.

[FR Doc. 04–2644 Filed 2–6–04; 8:45 am] 

BILLING CODE 4830–01–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 943 

[TX–052–FOR] 

Texas Regulatory Program

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing receipt of a 

proposed amendment to the Texas 

regulatory program (Texas program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Texas proposes to add a new 

policy document to its program that 

describes mine permit implementation 

actions that would not, in the opinion 

of the Railroad Commission of Texas 

(Commission), be considered permit 

revisions and are, therefore, not subject 

to Commission review and approval. 

Texas intends to revise its program to 

improve operational efficiency. 

This document gives the times and 

locations that the Texas program and 

proposed amendment to that program 

are available for your inspection, the 

comment period during which you may 

submit written comments on the 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested.

DATES: We will accept written 

comments on this amendment until 4 

p.m., c.s.t., March 10, 2004. If requested, 

we will hold a public hearing on the 

amendment on March 5, 2004. We will 

accept requests to speak at a hearing 

until 4 p.m., c.s.t. on February 24, 2004.

ADDRESSES: You should mail or hand 

deliver written comments and requests 

to speak at the hearing to Michael C. 

Wolfrom, Director, Tulsa Field Office, at 

the address listed below. 

You may review copies of the Texas 

program, this amendment, a listing of 

any scheduled public hearings, and all 

written comments received in response 

to this document at the addresses listed 

below during normal business hours, 

Monday through Friday, excluding 

holidays. You may receive one free copy 

of the amendment by contacting OSM’s 

Tulsa Field Office.

Michael C. Wolfrom, Director, Tulsa 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, 5100 

East Skelly Drive, Suite 470, Tulsa, 

Oklahoma 74135–6547, Telephone: 

(918) 581–6430, Internet address: 

mwolfrom@osmre.gov.

Surface Mining and Reclamation 

Division, Railroad Commission of 

Texas, 1701 North Congress Avenue, 

Capitol Station, P.O. Box 12967, 

Austin, Texas 78711–2967, Telephone 

(512) 463–6900.

FOR FURTHER INFORMATION CONTACT:

Michael C. Wolfrom, Director, Tulsa 

Field Office. Telephone: (918) 581–

6430. Internet address: 

mwolfrom@osmre.gov.

SUPPLEMENTARY INFORMATION:

I. Background on the Texas Program 

II. Description of the Proposed Amendment 

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 

Amendment 

By letter dated December 23, 2003 

(Administrative Record No. TX–657), 

Texas sent us an amendment to its 

program under SMCRA (30 U.S.C. 1201 

et seq.). Texas sent the amendment 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.

Texas proposes to add a new policy 

document to its program that describes 

mine permit implementation actions 

that would not, in the opinion of the 

Commission, be considered permit 

revisions and are, therefore, not subject 

to Commission review and approval. If 

approved, the implementation of this 

policy will impact the way current mine 

permit applications are prepared and 

how revisions are processed. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the State program. 

Written Comments 

Send your written or electronic 

comments to OSM at the address given 

above. Your written comments should 

be specific, pertain only to the issues 

proposed in this rulemaking, and 

include explanations in support of your 

recommendations. We will not consider 

or respond to your comments when 

developing the final rule if they are 

received after the close of the comment 

period (see DATES). We will make every 

attempt to log all comments into the 

administrative record, but comments 

delivered to an address other than the 

Tulsa Field Office may not be logged in. 

Electronic Comments 

Please submit Internet comments as 

an ASCII or Word file avoiding the use 

of special characters and any form of 

encryption. Please also include ‘‘Attn: 

TX–052-FOR’’ and your name and 

return address in your Internet message. 

If you do not receive a confirmation that 

we have received your Internet message, 

contact the Tulsa Field Office at (918) 

581–6430. 

Availability of Comments 

We will make comments, including 

names and addresses of respondents, 

available for public review during 

normal business hours. We will not 

consider anonymous comments. If 

individual respondents request 

confidentiality, we will honor their 

request to the extent allowable by law. 

Individual respondents who wish to 

withhold their name or address from 

public review, except for the city or 

town, must state this prominently at the 

beginning of their comments. We will 

Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Proposed Rules 5943

make all submissions from 

organizations or businesses, and from 

individuals identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public review in their entirety. 

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.s.t. on February 24, 2004. If you 

are disabled and need special 

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 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 12630—Takings 

The revisions made at the initiative of 

the State do not have Federal 

counterparts and have been reviewed 

and a determination made that they do 

not have takings implications. This 

determination is based on the fact that 

the provisions have no substantive 

effect on the regulated industry. 

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 

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 Federallyrecognized 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. 

This determination is based on the fact 

that the Texas program does not regulate 

coal exploration and surface coal 

mining and reclamation operations on 

Indian lands. Therefore, the Texas 

program has no effect on Federallyrecognized Indian tribes. 

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.). This determination 

is based upon the fact that the 

provisions are not expected to have a 

substantive effect on the regulated 

industry. 

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 

5944 Federal Register / Vol. 69, No. 26 / Monday, February 9, 2004 / Proposed Rules 

determination is based upon the fact 

that the State provisions are not 

expected to have a substantive effect on 

the regulated industry.] 

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 provisions are not 

expected to have a substantive effect on 

the regulated industry.

List of Subjects in 30 CFR Part 943 

Intergovernmental relations, Surface 

mining, Underground mining.

Dated: January 20, 2004. 

Charles E. Sandberg, 

Regional Director, Mid-Continent Regional 

Coordinating Center.

[FR Doc. 04–2706 Filed 2–6–04; 8:45 am] 

BILLING CODE 4310–05–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51, 72, 75, and 96 

[FRL–7619–9] 

Public Hearings for Rule To Reduce 

Interstate Transport of Fine Particulate 

Matter and Ozone (Interstate Air 

Quality Rule) and Proposed National 

Emission Standards for Hazardous Air 

Pollutants; and, in the Alternative, 

Proposed Standards of Performance 

for New and Existing Stationary 

Sources: Electric Utility Steam 

Generating Units

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Proposed rules; announcement 

of public hearings. 

SUMMARY: In a Federal Register

document published on February 2, 

2004, EPA announced the dates and 

cities for three public hearings to be 

held jointly for two related proposals. 

Today’s document provides the 

remaining details for the hearings, 

including the facility locations and 

daily schedules. 

The public hearings are for the 

proposed ‘‘Rule to Reduce Interstate 

Transport of Fine Particulate Matter and 

Ozone (Interstate Air Quality Rule)’’ and 

the ‘‘Proposed National Emission 

Standards for Hazardous Air Pollutants; 

and, in the Alternative, Proposed 

Standards of Performance for New and 

Existing Stationary Sources: Electric 

Utility Steam Generating Units,’’ which 

is also known as the proposed Utility 

Mercury Reductions Rule. These 

proposals were published in the Federal 

Register on January 30, 2004.

DATES: The three 2-day public hearings 

will be held concurrently on February 

25 and 26, 2004. Please refer to 

SUPPLEMENTARY INFORMATION for 

additional information on the public 

hearings.

ADDRESSES: The hearings will be held at 

the following locations: 

1. Hilton Chicago, 720 South 

Michigan Avenue, Chicago, Illinois 

60605, phone 312–726–7500; 

2. Wyndham Philadelphia at Franklin 

Plaza, 17th and Race Streets, 

Philadelphia, PA 19103, phone 215–

448–2000; 

3. Holiday Inn Raleigh-Durham 

Airport, 4810 Old Page Road, Research 

Triangle Park, NC, 919–941–6000. 

Written comments on these proposed 

rules may also be submitted to EPA 

electronically, by mail, by facsimile, or 

through hand delivery/courier. Please 

refer to the proposals for the addresses 

and detailed instructions. 

Documents relevant to this action are 

available for public inspection at the 

EPA Docket Center, located at 1301 

Constitution Avenue, NW., Room B102, 

Washington, DC between 8:30 a.m. and 

4:30 p.m., Monday through Friday, 

excluding legal holidays. A reasonable 

fee may be charged for copying. 

Documents are also available through 

EPA’s electronic Docket system at http:/

/www.epa.gov/edocket.

The EPA Web sites for the 

rulemakings, which include the 

proposals and information about the 

public hearings, are at http://

www.epa.gov/interstateairquality and 

http://www.epa.gov/mercury.

FOR FURTHER INFORMATION CONTACT: If 

you would like to speak at the public 

hearings or have questions concerning 

the public hearings, please contact 

JoAnn Allman at the address given 

below under SUPPLEMENTARY

INFORMATION. Questions concerning the 

Interstate Air Quality Rule should be 

addressed to Scott Mathias, U.S. EPA, 

Office of Air Quality Planning and 

Standards, Air Quality Strategies and 

Standards Division (C539–01), Research 

Triangle Park, NC 27711, telephone 

number (919) 541–5310, e-mail at 

mathias.scott@epa.gov. Questions 

concerning the Utility Mercury 

Reductions Rule should be addressed to 

William Maxwell, U.S. EPA, Office of 

Air Quality Planning and Standards, 

Emission Standards Division, 

Combustion Group (C439–01), Research 

Triangle Park, NC 27711, telephone 

number (919) 541–5430, e-mail at 

maxwell.bill@epa.gov.

SUPPLEMENTARY INFORMATION: 

The Proposed Rules 

The EPA’s proposed Interstate Air 

Quality Rule would reduce emissions of 

sulfur dioxide and nitrogen dioxides in 

29 eastern States and the District of 

Columbia that are significantly 

contributing to fine particulate matter 

and 8-hour ozone nonattainment 

problems in downwind States. Each 

State would be required to adopt control 

measures to meet specific statewide 

emission reduction requirements. The 

EPA believes that the most cost-effective 

way for States to achieve the required 

reductions would be to regulate utilities 

under a cap and trade program similar 

to EPA’s highly successful Acid Rain 

Program. The proposed Utility Mercury 

Reductions Rule provides options that 

would reduce mercury emissions and 

would set a mandatory, declining cap 

on the total mercury emissions allowed 

from utilities nationwide. The proposal 

also would reduce nickel emissions 

from utilities. The EPA is coordinating 

these rulemakings to allow the 

emissions reductions to be achieved in 

the most cost-effective manner by 

sources affected by both actions. 

Public Hearings 

The proposals for which EPA is 

holding the public hearings were 

published in the Federal Register on 

January 30, 2004 (69 FR 4566 for the 

Interstate Air Quality Rule and 69 FR 

4652 for the Utility Mercury Reductions 

Rule) and are available on the Web sites 

listed under ADDRESSES. The public 

hearings will provide interested parties 

the opportunity to present data, views, 

or arguments concerning the proposed 

rules. The EPA may ask clarifying 

questions during the oral presentations, 

but will not respond to the 

presentations at that time. Written 

statements and supporting information 

submitted during the comment period 

will be considered with the same weight 

as any oral comments and supporting 

information presented at the public 

hearings. Written comments must be 

postmarked by the last day of the 

comment period, as specified in the 

proposals. 

The three 2-day public hearings will 

be held concurrently in Chicago, 

Illinois; Philadelphia, Pennsylvania; 

and Research Triangle Park, North 

Carolina. Each hearing will last two 

days and is scheduled for February 25 

and 26, 2004. Persons wishing to 

present oral testimony for one or both 

proposals may speak on either day. The 

meeting facilities and their phone 

numbers are provided above under 

ADDRESSES.