67598 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules

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.

Unfunded Mandates

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 943

Intergovernmental relations, Surface

mining, Underground mining.

Dated: December 17, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–33661 Filed 12–24–97; 8:45 am]

BILLING CODE 4310–05–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 943

[SPATS No. TX–035–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.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Texas

regulatory program (hereinafter the

‘‘Texas program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). The proposed

amendment consists of revisions to

Texas’ regulations pertaining to

definitions, prime farmland, small

operator assistance, release of

performance bond, and backfilling and

grading. The amendment is intended to

revise the Texas program to be

consistent with the corresponding

Federal regulations.

This document sets forth the times

and locations that the Texas program

and proposed amendment to that

program are available for public

inspection, the comment period during

which interested persons may submit

written comments on the proposed

amendment, and the procedures that

will be followed regarding the public

regarding the public hearing, if one is

requested.

DATES: Written comments must be

received by 4:00 p.m. c.s.t., January 28,

1998. If requested, a public hearing on

the proposed amendment will be held

on January 23, 1998. Requests to speak

at the hearing must be received by 4:00

p.m., c.s.t. on January 13, 1998.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Michael

C. Wolfrom, 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.

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.

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:

Michael C. Wolfrom, 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 December 1, 1997

(Administrative Record No. TX–644),

Texas submitted a proposed amendment

to its program pursuant to SMCRA.

Texas submitted the proposed

amendment in response to a June 17,

1997, letter (Administrative Record No.

640) that OSM sent to Texas in

accordance with 30 CFR 732.17(c).

Texas proposes to amend Chapter 12 of

the Texas Administrative Code (TAC).

1. TAC § 12.3 Definitions.

Texas added or revised the following

definitions at § 12.3:

Previously mined area—Land affected by

surface coal mining operations prior to

August 3, 1977, that has not been reclaimed

to the standards of this Chapter (relating to

Coal Mining Regulations).

Qualified laboratory—A designated public

agency, private firm, institution, or analytical

laboratory that can provide the required

determination of probable hydrologic

consequences or statement of results of test

borings or core samplings or other services as

specified at §§ 12.236 and 12.240 of this title

(relating to Program Services, and to Data

Requirements), and that meet the standards

of § 12.241 of this title (relating to Qualified

Laboratories).

Thick overburden—more than sufficient

spoil and other waste materials available

from the entire permit area to restore the

disturbed area to its approximate original

contour. More than sufficient spoil and other

waste materials occur where the overburden

thickness times the swell factor exceeds the

combined thickness of the overburden and

coal bed prior to removing the coal, so that
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules 67599

after backfilling and grading the surface

configuration of the reclaimed area would

not: (1) Closely resemble the surface

configuration of the land prior to mining; or

(2) Blend into and complement the drainage

pattern of the surrounding terrain.

Thin overburden—Insufficient spoil and

other waste materials available from the

entire permit area to restore the disturbed

area to its approximate original contour.

Insufficient spoil and other waste materials

occur where the overburden thickness times

the swell factor, plus the thickness of other

available waste materials, is less than the

combined thickness of the overburden and

coal bed prior to removing the coal, so that

after backfilling and grading the surface

configuration of the reclaimed area would

not: (1) Closely resemble the surface

configuration of the land prior to mining; or

(2) Blend into and complement the drainage

pattern of the surrounding terrain.

2. TAC § 12.201 Prime Farmland

Texas proposed to add the following

requirement at § 12.201(d)(5):

The aggregate total prime farmland acreage

shall not be decreased from that which

existed prior to mining. Water bodies, if any,

to be constructed during mining and

reclamation operations, must be located

within the post-reclamation non-prime

farmland portions of the permit area. The

creation of any such water bodies must be

approved by the Commission and the consent

of all affected property owners within the

permit area must be obtained.

3. TAC § 12.237 Eligibility for

Assistance

At § 12.237(2), Texas proposed to

amend the eligibility requirements for

participation in its small operator

assistance program (SOAP) by

increasing the amount of the probable

total actual and attributed production

allowed for SOAP applicants from

100,000 to 300,000 tons. At

§ 12.237(2)(B) and (C), Texas increased

the baseline percentage above which

ownership will play a role in

determining attributed coal production

from 5 to 10 percent.

4. TAC § 12.243 Applicant Liability

Texas revised § 12.243(a) to require

that a coal operator who has received

assistance pursuant to §§ 12.236 and

12.240 reimburse the Commission for

the cost of the services rendered. Texas

revised § 12.243(a)(4) to specify that

reimbursement will be required if the

Commission finds that the operators

actual and attributed annual production

of coal for all locations exceeds 300,000

tons during the 12 months immediately

following the date on which the

operator is issued the surface coal

mining and reclamation permit. Texas

revised § 12.243(a)(5) to specify that

reimbursement will be required if the

permit is sold, transferred, or assigned

to another person and the transferee’s

total actual and attributed production

exceeds the 300,000-ton production

limit during the 12 months immediately

following the date on which the permit

was originally issued.

5. TAC § 12.312 Procedure for Seeking

Release of Performance Bond

Texas entitled § 12.312(a) as ‘‘Bond

release application’’ and revised it by

adding the existing first sentence to

§ 12.312(a)(1) and adding the following

new requirement:

Applications may be filed only at times or

during seasons authorized by the

Commission in order to properly evaluate the

completed reclamation operations. The times

or seasons appropriate for the evaluation of

certain types of reclamation shall be

established in the regulatory program or

identified in the mining and reclamation

plan required in Subchapter G of this Chapter

and approved by the Commission.

Texas added the balance of the

existing language to § 12.312(a)(2) and

added a requirement that the

advertisement for bond release also

contain the name and address of the

Commission office to which written

comments, objections, or requests for

public hearings and informal conference

may be submitted.

Texas added the following new

requirement at § 12.312(a)(3):

The permittee shall include in the

application for bond release a notarized

statement which certifies that all applicable

reclamation activities have been

accomplished in accordance with the

requirements of the act, the regulatory

program, and the approved reclamation plan.

Such certification shall be submitted for each

application or phase of bond release.

Texas entitled § 12.312(b) as

‘‘Inspection by Commission,’’ added the

existing language to § 12.312(b)(1), and

changed the language ‘‘notification and

request’’ to ‘‘bond release application.’’

Texas removed § 12.312(c) and added its

substantive requirements to

§ 12.312(b)(2) with the following revised

language:

Within 60 days from the filing of the bond

release application, if no public hearing is

held pursuant to § 12.313(c) of the title

(relating to Criteria and Schedule for Release

of Performance Bond, or, within 30 days after

a public hearing has been held pursuant to

§ 12.313(c), the Commission shall notify in

writing the permittee, the surety, or other

persons with an interest in bond collateral

who have requested notification under

§ 12.309(1) of this title (relating to Terms and

Conditions of the Bond), and the persons

who either filed objections in writing or

objectors who were a party to the hearing

proceedings, if any, of its decision to release

or not to release all or part of the

performance bond.

6. TAC § 12.313 Criteria and Schedule

for Release of Performance Bond

Texas proposed the following revision

to the existing language at § 12.313(a):

The Commission may release all or part of

the bond for the entire permit area or

incremental area if the Commission is

satisfied that the reclamation or a phase of

the reclamation covered by the bond or

deposit or portion thereof has been

accomplished in accordance with the

following schedules for reclamation of

Phases I, II, and III:

At § 12.313(a)(1), Texas added the

phrase ‘‘[a]t the completion of Phase I,

after’’ to the beginning of the provision

and deleted the word ‘‘[w]hen’’; added

the proviso that backfilling and

regarding may include the replacement

of topsoil; and made other

nonsubstantive language changes.

At § 12.313(a)(2), Texas added the

phrase ‘‘[a]t the completion of Phase II’’

to the beginning of the provision;

removed the provision that the

Commission may release up to 25

percent of the original bond amount and

added the provision that the

Commission may release an additional

amount of bond; changed its reference

to §§ 12.330 through 12.403 of this title

to § 134.092(a)(10) of the Act and

Subchapter K of this Chapter relating to

its requirements for suspended solids;

added a reference to §§ 12.620–12.625

relating to the prime farmland survey;

added a reference to Subchapter K of

this Chapter relating to its requirements

for retention of a permanent

impoundment.

At § 12.31(a)(3), Texas added the

phrase ‘‘[a]t the completion of Phase III,

after’’ to the beginning of the provision

and deleted the word ‘‘[w]hen’’ and

changed its reference to §§ 134.091

through 134.109 of the Act of § 12.395

or § 12.560 of this title.

Texas revised § 12.313(b) by requiring

that the Commission notify the

permittee, the surety, and any person

with an interest in collateral if the

Commission disapproves the

application for release of the bond.

At § 12.313(d), Texas added the

option that a public hearing may be held

at the State capital at its first reference

to a public hearing regarding release of

the bond and removed duplicative

language at the end of the provision

regarding holding of a public hearing.

7. TAC § 12.387 Backfilling and

Grading—Thin Overburden

At § 12.387, Texas removed the

existing requirements and added the

following requirements:

Where thin overburden occurs within the

permit area, the permittee, at a minimum,
67600 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules

shall: (1) Use all spoil and other waste

materials available form the entire permit

area to attain the lowest practicable grade,

but not more than the angle of repose; and

(2) Meet the requirements of § 12.385 of this

title (relating to Backfilling and Grading:

General Requirements).

8. TAC § 12.388 Backfilling and

Grading—Thick Overburden

At § 12.388, Texas removed the

existing requirements and added the

following requirements:

Where thick overburden occurs within the

permit area, the permittee at a minimum

shall: (1) Restore the approximate original

contour and then use the remaining spoil and

other waste materials to attain the lowest

practicable grade, but not more than the

angle of repose; (2) Meet the requirements of

§ 12.385 of the title (relating to Backfilling

and Grading: General Requirement); and (3)

Dispose of any excess spoil in accordance

with §§ 12.363–12.366 of this title (relating to

Disposal of Excess Spoil: General

Requirements, to Disposal of Excess Spoil:

Valley Fills, to Disposal of Excess Spoil:

Head-of-Hollow Fills, and to Disposal of

Excess Spoil: Durable Rock Fills).

9. TAC § 12.620 Prime Farmland—

Applicalbility and Special Requirements

At § 12.620(a)(1), Texas removed the

existing language and added the

following language:

Disposal areas containing coal mine waste

resulting from underground mines that is not

technologically and economically feasible to

store in underground mines or on non-prime

farmland. The operator shall minimize the

area of prime farmland used for such

purposes; or

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 4:00 p.m., c.s.t. on January

13, 1998. The location and time of the

hearing will be arranged with those

persons requesting the hearing. 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. 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.

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 12988

The Department of the Interior has

conducted the reviews required by

section 3 of Executive Order 12988

(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.

Unfunded Mandates

OSM has determined and certifies

pursuant to the Unfunded Mandates

Reform Act (2 U.S.C. 1502 et seq.) that

this rule will not impose a cost of $100

million or more in any given year on

local, state, or tribal governments or

private entities.

List of Subjects in 30 CFR Part 943

Intergovernmental relations, Surface

mining, Underground mining.
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Proposed Rules 67601

Dated: December 17, 1997.

Brent Wahlquist,

Regional Director, Mid-Continent Regional

Coordinating Center.

[FR Doc. 97–33660 Filed 12–24–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[IL159–1b; FRL–5938–3]

Approval and Promulgation of State

Plans For Designated Facilities and

Pollutants; Illinois

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

Illinois’ Section 111(d)/129 State Plan

submitted on June 23, 1997, for

implementing and enforcing the

Emissions Guidelines applicable to

existing municipal waste combustors

with capacity to combust more than 250

tons/day of municipal solid waste. In

the final rules section of this Federal

Register, the EPA is approving this

action as a direct final rule without

prior proposal because EPA views this

as a noncontroversial action and

anticipates no adverse written

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse written comments are

received in response to that direct final

rule, no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse written comments

(which have not already been responded

to), the direct final rule will be

withdrawn and the written public

comments will be addressed in a

subsequent final rule based on the

proposed rule. Any parties interested in

commenting on this document should

do so at this time.

DATES: Written comments on this

proposed rule must be received on or

before January 28, 1998.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J),

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

Copies of the State submittal are

available for inspection at: Regulation

Development Section, Air Programs

Branch (AR–18J), Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT:

Mark J. Palermo, Environmental

Protection Specialist, Regulation

Development Section, Air Programs

Branch (AR–18J), Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, (312) 886–6082.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register.

Dated: December 11, 1997

Gail A. Ginsberg,

Acting Regional Administrator, Region V.

[FR Doc. 97–33766 Filed 12–24–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 271

[FRL–5937–1]

Hazardous Waste Management

Program: Authorization of State

Hazardous Waste Management

Program for Louisiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to approve the

Louisiana Department of Environment

Quality’s (LDEQ) RCRA Cluster IV

hazardous waste program. The

Louisiana RCRA Cluster IV hazardous

waste program consists of the regulation

of ‘‘Burning of Hazardous Waste in

Boilers and Industrial Furnaces’’. In the

final rules section of this Federal

Register, the EPA is approving the

State’s request as a immediate final rule

without prior proposal because EPA

views this action as noncontroversial

and anticipates no adverse comments. A

detailed rationale for approving the

State’s request is set forth in the

immediate final rule. If no adverse

written comments are received in

response to that immediate final rule, no

further activity is contemplated in

relation to this proposed rule. If EPA

receives adverse written comments, a

second Federal Register document will

be published before the time the

immediate final rule takes effect. The

second document may withdraw the

immediate final rule or identify the

issues raised, respond to the comments

and affirm that the immediate final rule

will take effect as scheduled. EPA will

not institute a second comment period

on this action. Any parties interested in

commenting on this action should do so

at this time.

DATES: Written comments on this

proposed rule must be received on or

before January 28, 1998.

ADDRESSES: Written comments may be

mailed to Alima Patterson, Region 6

Authorization Coordinator, Grants and

Authorization Section (6PD-G),

Multimedia Planning and Permitting

Division, at the address listed below.

Copies of the materials submitted by

LDEQ may be examined during normal

business hours at the following

locations: EPA Region 6 Library, 12th

Floor, Wells Fargo Bank Tower at

Fountain Place, 1445 Ross Avenue,

Dallas, Texas 75202–2733, Phone

number: (214) 665–6444. Louisiana

Department of Environmental Quality,

H.B. Garlock Building, 7290

Bluebonnet, Baton Rouge, Louisiana

70810, Phone number: (504) 765–0617.

FOR FURTHER INFORMATION CONTACT:

Alima Patterson (214) 665–8533.

SUPPLEMENTARY INFORMATION: For

additional information see the

immediate final rule published in the

rules section of this Federal Register.

Authority: This document is issued under

the authority of sections 2002(a), 3006 and

7004(b) of the Solid Waste Disposal Act as

amended 42 U.S.C. 6912(a), 6926, 6974(b).

Dated: December 11, 1997.

Lynda F. Carroll,

Acting Deputy Regional Administrator,

Region VI.

[FR Doc. 97–33763 Filed 12–24–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 272

[FRL–5935–6]

Hazardous Waste Management

Program: Authorization and

Incorporation by Reference of State

Hazardous Waste Management

Program for Louisiana

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA proposes to incorporate

by reference EPA’s approval of the

Louisiana Department of Environment

Quality’s (LDEQ) base hazardous waste

program and to approve its revisions to

that program submitted by the State of

Louisiana. In the final rules section of

this Federal Register, the EPA is

approving the State’s request as an

immediate final rule without prior

proposal because EPA views this action

as noncontroversial and anticipates no

adverse comments. A detailed rationale