The Wise Report - December 1, 2013

The Wise Report
Henry M. Wise, P.G.
December 1, 2013

The Railroad Commission of Texas (RRC) proposes amendments to coal mining regulation §§12.3, 12.100, and 12.116, relating to Definitions; Responsibilities; Identification of Interests and Compliance Information; the repeal of §12.155, relating to Identification of Interests; amendments to §12.156, relating to Identification of Interests and Compliance Information; new §12.206, relating to Mining in Previously Mined Areas; amendments to §§12.215, 12.216, 12.221, 12.225, 12.226, 12.228, 12.232, and 12.233, relating to Review of Permit Applications; Criteria for Permit Approval or Denial; Conditions of Permits: Environment, Public Health, and Safety; Commission Review of Outstanding Permits; Permit Revisions; Permit Renewals: Completed Applications; Transfer, Assignment or Sale of Permit Rights: Obtaining Approval; Requirements for New Permits for Persons Succeeding to Rights Granted under a Permit; the repeal of §12.234, relating to Responsibilities: General; and new §12.234 and §12.235, relating to Challenge of Ownership or Control, Information on Ownership and Control, and Violations, and Applicant/Violator System Procedures; and Responsibilities: General; and amendments to §§12.239, 12.395, and 12.560, relating to Application Approval and Notice; Revegetation: Standards for Success; and Revegetation: Standards for Success; new §12.676, relating to Alternative Enforcement; and amendments to §12.677, relating to Cessation Orders.

The RRC 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, pursuant to 30 CFR §732.17(d), 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 (78 Fed. Reg. 11579).  For more information go to:  http://www.sos.state.tx.us/texreg/sos/Proposed%20Rules/16.ECONOMIC%20REG...

Henry M. Wise, P.G.
The Wise Report
12/1/2013