The Texas Railroad Commission has submitted multiple rule changes, repeals and new rules for public comment regarding coal mining regulations.
Comments on the proposal below may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform or by electronic mail to rulescoordinator@rrc.state.tx.us. Comments should refer to SMRD Docket No. 2-13. The Commission will accept comments until 12:00 p.m. (noon) on Monday, December 30, 2013, which is 31 days after publication in the Texas Register.
Coal Mining Regulations
The commission proposes:
- To amend §12.3 under Texas Natural Resources Code §134.011 and §134.013, which authorize the Commission to promulgate rules pertaining to surface coal mining operations.
- To amend §12.100(c) to remove the word "renewal" from the requirement regarding the burden of proof for certain applications; the proposed amendment matches the OSM regulation at 30 CFR §773.7(b).
- To amend §12.116, repeal §12.155, and amend §12.156, all of which pertain to permittee business interests and compliance information requirements for surface mining and underground mining. The proposed new wording would update permittee business interests and compliance information requirements, including requirements for an applicant to certify and update existing ownership or control information in a permit application for AVS entry and to provide information on permitting history, property interests, and past and current issued violations.
- New §12.206 to address permitting requirements for conducting surface coal mining operations on lands eligible for remining, particularly with respect to the need to identify potential environmental and safety issues.
- New wording in §12.215(a)(3) and (4), requiring the Commission to enter certain information into OSM's applicant/violator system database, and new §12.215(h) – (l) to match the requirements under the OSM regulations at 30 CFR §§773.9 – 773.14 regarding Commission permit eligibility determinations, unintended events at remining sites, and circumstances for provisional issuance of permits.
- To amend §12.216 regarding additional written findings for permit application approval for mining of lands eligible for remining, equivalent to the federal rules at 30 CFR §773.15(m).
- To amend §12.225(e) to incorporate the requirements of OSM regulations at 30 CFR §773.21(c) regarding the establishment of a prima facie case of improvident permit issuance, and to amend subsections (d), (e), (g) and (h) to mirror OSM regulations at 30 CFR §773.22(b) and (c) and §773.23(a) – (d) regarding notice and various other requirements relating to suspension or rescission of improvidently issued permits.
- New §12.234 to establish procedures for challenges to ownership or control information, burden of proof for such challenges, Commission requirements regarding challenges, and Commission and permittee AVS requirements following permit issuance. Current §12.234 is proposed to be repealed and renumbered as new §12.235, with no changes to the current text.
- To amend §12.395(c)(2) and (3) and §12.560(c)(2) and (3), regarding the length of time for extended responsibility periods for previously mined areas that have been remined; the proposed amendments substantively match OSM regulations at §816.116(c)(2) and (3) and §817.116(c)(2) and (3), respectively.
- New §12.676 to match OSM regulations at 30 CFR §§847.2, 847.11, and 847.16 regarding alternative enforcement procedures that may be implemented by the Commission.
- To amend §12.677(g) to match OSM's regulations at §843.11. This rule requires the Commission to notify, within a specified time period, the identified owners or controllers of an operation to which a cessation order is issued.
- To amend §§12.221, 12.226, 12.228, 12.232, 12.233 and 12.239 to correct internal citations or cross-references.
The Commission proposes these amendments, repeals, and new sections to update provisions of the Texas Coal Mining Regulatory and Abandoned Mine Land Programs as set forth in the notification letter dated September 30, 2009, from the federal Office of Surface Mining Reclamation and Enforcement (OSM), requiring that Texas revise its regulations to be as effective as the federal regulations. OSM approved the proposed amendments in the February 19, 2013, issue of the Federal Register.
