Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 1 - RAILROAD COMMISSION OF TEXAS › Chapter 12 - COAL MINING REGULATIONS › Subchapter A - GENERAL › Division 6 - EXEMPTION FOR COAL EXTRACTION INCIDENTAL TO THE EXTRACTION OF OTHER MINERALS › Section 12.26 - Application Requirements and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirement to file an application. Any
					 person who plans to commence or continue coal extraction after the effective
					 date of §12.25, this section, and §§
											RSA
					 12.27-RSA 12.33
					 of this title (relating to Exemption for Coal Extraction Incidental to the
					 Extraction of Other Minerals), in reliance on the incidental mining exemption
					 shall file a complete application for exemption with the Commission for each
					 mining area. A person may not commence coal extraction based upon the exemption
					 until the Commission approves such application, except as provided in
					 subsection (e)(3) of this section.
(b) Existing operations. Any person who has
					 commenced coal extraction at a mining area in reliance upon the incidental
					 mining exemption prior to the effective date of §12.25, this section, and
					 §§
											RSA
					 12.27-RSA 12.33
					 of this title, may continue mining operations for 60 days after the effective
					 date of §12.25, this section, and §§
											RSA
					 12.27-RSA 12.33
					 of this title. Coal extraction may not continue after such 60 day period unless
					 that person files an administratively complete application for exemption with
					 the Commission. An application will be determined to be administratively
					 complete when it contains the information responsive to the requirements of
					 §
											RSA
					 12.27 of this title (relating to Contents of
					 Application for Exemption). If an administratively complete application is
					 filed within 60 days, the person may continue extracting coal in reliance on
					 the exemption beyond the 60-day period until the Commission makes an
					 administrative decision on such application.
(c) Additional information. The Commission
					 shall notify the applicant if the application for exemption is incomplete and
					 may at any time require submittal of additional information.
(d) Public comment period. Following
					 publication of the newspaper notice required by §
											RSA
					 12.27<subdiv>(i)</subdiv> of this
					 title, the Commission shall provide a period of no less than 30 days, during
					 which time any person having an interest which is or may be adversely affected
					 by a decision on the application may submit written comments or
					 objections.
(e) Exemption
					 determination.
(1) No later than 90 days
					 after filing of an administratively complete application, the Commission shall
					 make a written determination whether, and under what conditions, the persons
					 claiming the exemption are exempt under §12.25, this section, and
					 §§
												RSA
					 12.27-RSA 12.33
					 of this title, and shall notify the applicant and persons submitting comments
					 on the application of the determination and the basis for the
					 determination.
(2) The
					 determination of exemption shall be based upon information contained in the
					 application and any other information available to the Commission at that
					 time.
(3) If the Commission fails
					 to provide an applicant with the determination as specified in paragraph (1) of
					 this subsection, an applicant who has not begun may commence coal extraction
					 pending a determination on the application unless the Commission issues an
					 interim finding, together with reasons therefor, that the applicant may not
					 begin coal extraction.