Identification and Analysis of Regulatory Issues Affecting Lignite Surface Mining and in-Situ Gasification in Texas. Final Report

摘要

The Texas Energy and Natural Resources Advisory Council contracted an investigation of regulatory duplication, inconsistency, and uncertainty with regard to development of Texas coal and lignite resources. The effort was limited to those areas affecting surface mining and in-situ gasification operations: Review and summary of federal and state regulatory programs applicable to surface mining and in-situ gasification; preliminary issues identification and investigation; and detailed evaluation and alternatives analysis. Detailed descriptions of federal and state regulatory programs affecting surface mining and in-situ gasification of coal and lignite in Texas were developed: Comprehensive Environmental Protection and Coordination; Surface Mining and Reclamation Permit Programs; Water Quality (e.g., National Pollutant Discharge Elimination System Permit, Texas Waste Discharge Permit, etc.); Water Use (e.g., Texas Water Use and Dam Construction Programs); Air Quality Programs; Solid Waste Programs; Toxics Control Programs; Health and Safety Programs; and Transportation Programs. Each of the applicable regulatory programs were defined in terms of statutory/regulatory authority, program information and compliance requirements, performance standards, program applicability, and areas of regulatory uncertainty (e.g., areas of jurisdictional uncertainty, pending regulatory changes, etc.). The second phase of the program involved interviews with representatives of industry, regulatory agencies (federal and state), and interest groups to identify a preliminary list of issues of concern to these various groups, as well as to obtain differing perspectives on the issue areas identified, in particular, beneficial and adverse effects of specific regulatory requirements, duplicative requirements, cost/time burdens, or compliance uncertainty, confusion, or inconsistency. (ERA citation 08:035097)