[Federal Register Volume 63, Number 220 (Monday, November 16, 1998)]
[Proposed Rules]
[Pages 63628-63630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30546]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[SPATS No. IL-094-FOR]


Illinois Regulatory Program

AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), 
Interior.

ACTION: Proposed rule; reopening and extension of public comment period 
on proposed amendment.

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SUMMARY: OSM is announcing receipt of revisions to and explanatory 
information for a previously proposed amendment to the Illinois 
regulatory program (Illinois program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA). The revisions concern areas 
unsuitable for surface coal mining operations, permitting, violation 
information, impoundments, explosives, revegetation, and administrative 
and judicial review. Illinois intends to revise its program to be 
consistent with the corresponding Federal regulations and SMCRA, to 
clarify existing regulations, and to improve operational efficiency.

DATES: We will accept written comments until 4:00 p.m., e.s.t., 
December 1, 1998.

ADDRESSES: You should mail or hand deliver written comments to Andrew 
R. Gilmore, Director, Indianapolis Field Office at the address listed 
below.
    You may review copies of the Illinois program, the proposed 
amendment, and all written comments received in response to this 
document at the addresses listed below during normal business hours, 
Monday through Friday, excluding holidays. You may receive one free 
copy of the proposed amendment by contacting OSM's Indianapolis Field 
Office.
    Andrew R. Gilmore, Director Indianapolis Field Office, Office of 
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal 
Building, 575 North Pennsylvania Street, Room 301, Indianapolis, 
Indiana 46204-1521, Telephone: (317) 226-6700.
    Illinois Department of Natural Resources, Office of Mines and 
Minerals, 524 South Second Street, Springfield, Illinois 62701-1787, 
Telephone: (217) 782-4970.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office. Telephone: (317) 226-6700. Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Program

    On June 1, 1982, the Secretary of the Interior conditionally 
approved the Illinois program. You can find background information on 
the Illinois program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval in the June 1, 
1982, Federal Register (47 FR 23883). You can find later actions 
concerning the Illinois program at 30 CFR 913.15, 913.16, and 913.17.

II. Discussion of the Proposed Amendment

    By letter dated February 26, 1998 (Administrative Record No. IL-
5009), Illinois sent us an amendment to revise its regulations in 
response to letters dated January 6 and June 17, 1997 (Administrative 
Record Nos. IL-1951 and IL-2000, respectively), that we sent to 
Illinois under 30 CFR 732.17(c) and in response to required program 
amendments at 30 CFR 913.16. Illinois also proposed to amend its 
program to clarify existing regulations. We announced receipt of the 
proposed amendment in the April 6, 1998, Federal Register (63 FR 16719) 
and invited public comment on its

[[Page 63629]]

adequacy. The public comment period ended May 6, 1998.
    During our review of the amendment, we identified concerns relating 
to 62 IAC 1773.15(c)(11), written findings for permit application 
approval; 62 IAC 1778.14(c), required information in permit 
application; 62 IAC 1816.116 and 1817.116, revegetation standards; 62 
IAC 1816.117(c)(3) and 1817.117(c)(3), tree and shrub vegetation; 62 
IAC 1847.3, hearings; 62 IAC 1847.3(g), burden of proof for permit 
hearings; 62 IAC 1847.9(g), burden of proof for bond release hearings; 
and editorial errors in various regulations. We notified Illinois of 
these concerns on June 2, 1998 (Administrative Record No. IL-5019). By 
letter dated November 5, 1998 (Administrative Record No. Il-IL-5025), 
Illinois sent us a revised amendment package. Illinois proposed the 
following changes to its amendment.

1. General

    Illinois corrected typographical errors, punctuation, citation 
references, and other editorial-type errors throughout the amended 
regulations. Illinois also simplified its use of numbers: for example, 
in 62 IAC 1701.5. Appendix A, in the definition of ``Head-of-hollow 
fill,'' a reference to ``twenty (20) degrees'' was changed to ``20 
degrees''; in 62 IAC 1761.12(c), references to ``one hundred (100) 
feet'' were changed to ``100 feet''; in 62 IAC 1773.15(a), a reference 
to ``sixty (60) days'' was changed to ``60 days''; in 62 IAC 
1774.11(a)(1), a reference to ``five (5) years'' was changed to ``five 
years''; and in 62 IAC 1800.40, a reference to ``sixty (60) percent'' 
was changed to ``60%.''

2. 62 IAC 1761.12  Procedures for Areas Designated by Act of Congress

    In section 1761.12(b)(2), Illinois proposes to replace the 
reference to ``Section 1761.11(a), (f) or (g)'' with a reference to 
``Section 1761.11(a)(6) and (7).''

3. 62 IAC 1764  State Processes for Designating Areas Unsuitable for 
Surface Coal Mining Operations

    In section 1764.15(a), Illinois added the heading ``Processing of 
Petitions''; and in section 1764.15(c), Illinois added the heading 
``Land Report and Public Comment.''

4. 62 IAC Part 1773  Requirements for Permits and Permit Processing

    Illinois removed its reference to 1816.116(a)(2)(B) and 
1816.117(a)(2)(B) at 62 IAC 1773.15(c)(11) and added the following 
provision for written findings at 62 IAC 1773.15(c)(13):

    (13) For a proposed remining operation where the applicant 
intends to reclaim in accordance with the requirements of 62 Ill. 
Adm. Code 1816.116(a)(2)(B) or 1817.116(a)(2)(B), the site of the 
operation is land eligible for remining as defined in 62 Ill. Adm. 
Code 1701. Appendix A.

5. 62 IAC Part 1774.13  Permit Revisions

    At 1774.13(b)(3), Illinois is changing a reference from 
``1773.19(b)'' to ``1773.19(a)(3)(A) and (C).''

6. 62 IAC 1778.14  Violation Information

    At 62 IAC 1778.14(c), Illinois proposes to replace its currently 
proposed introductory language with the following language:

    (c) A list of all violation notices received by the applicant 
during the three-year period preceding the application date, and a 
list of all outstanding violation notices received prior to the date 
of the application by any surface coal mining operation that is 
deemed or presumed to be owned or controlled by the applicant under 
the definition of ``owned or controlled'' and ``owns or controls'' 
in 62 Ill. Adm. Code 1773.5. For each notice of violation issued 
pursuant to 62 Ill. Adm. Code 1843.12 or under a Federal or State 
program for which the abatement period has not expired, the 
applicant shall certify that such notice of violation is in the 
process of being corrected to the satisfaction of the agency with 
jurisdiction over the violation. For each violation notice reported, 
the list shall include the following information, as applicable:

7. 62 IAC Part 816  Permanent Program Performance Standards for Surface 
Mining Activities and 62 IAC Part 817, Permanent Program Performance 
Standards for Underground Mining Operations

    a. At 62 IAC 1816.49(a)(3)(B) and 1817.49(a)(3)(B), concerning 
impoundments, Illinois proposes to replace the reference to ``Practice 
Standard 378, Ponds, April 1987'' with a reference to ``Practice 
Standard IL 278, Ponds, June 1992.''
    b. At 62 IAC 1816.66(d), relating to explosives, Illinois added the 
heading ``Proximity to buildings and other facilities.''
    c. Illinois added the following new revegetation provision at 62 
IAC 1816.116(a)(2)(G) and 1817.116(a)(2)(G):

    (G) Other Management Practices:
    The Department shall approve the use of deep tillage for prime 
farmland and high capability land as a beneficial practice that will 
not restart the five year period of responsibility, if the following 
conditions are met:
    (i) The Permittee has submitted a request to use the practice 
and has identified the field that will be deep tilled;
    (ii) One or more hay crops, or other acceptable row crops, have 
been grown or will be grown to dry out the subsoil prior to deep 
tilling the field; and
    (iii) The Department has determined that the use of deep tillage 
will be beneficial to the soil structure and long term crop 
production of the field and the benefits will continue well beyond 
the responsibility period.
    The Department shall notify the permittee in writing of its 
decision. Such written notice shall be in the form of an inspection 
report or other document issued by the Department.

    Illinois proposed the above provision to replace a provision at 62 
IAC 1816.116(a)(2)(F)(i) and 1817.116(a)(2)(F)(i) that also concerned 
deep tillage. We had disapproved the provision at 62 IAC 
1816.116(a)(2)(F)(i) and 1817.116(a)(2)(F)(i) on May 29, 1996 ( 61 FR 
26801). By letter dated June 15, 1998 (Administrative Record No. IL-
5024), Illinois submitted explanatory information and supporting 
documentation for consideration of the above proposed provision.
    d. Illinois proposes to delete the following language from 62 IAC 
1816.116(a)(4)(ii):

    The Department may approve a field to represent non-contiguous 
areas less than or equal to four acres of the same capability if it 
determines that the field is representative of reclamation of such 
areas. These areas shall be managed and vegetated in the same manner 
as the representative field.

    e. Illinois proposes to withdraw the revisions currently proposed 
for 62 IAC 1816.117(c)(3) and 1817.117(c)(3) that would have limited 
the number of plots needed to sample tree or shrub areas to 200 for 
areas of 50 acres or more.

8. 62 IAC Part 1847  Administrative and Judicial Review

    a. Illinois proposes the following revised language for 62 IAC 
1847.3(g)(2):

    (2) In all other proceedings held under this Section, the party 
seeking to reverse the Department's decision shall have the burden 
of proving by a preponderance of evidence that the Department's 
decision is in error.

    b. Illinois proposes the following revised language for 62 IAC 
1847.9(g):

    (g) Burden of proof. The party seeking to reverse the 
Department's proposed release of bond shall have the burden of 
proving by a preponderance of the evidence that the Department's 
decision is in error.

III. Public Comment Procedures

    We are reopening the comment period on the proposed Illinois 
program amendment to provide you an opportunity to reconsider the 
adequacy of the proposed amendment in light of the additional materials 
sent to us. Under the provisions of 30 CFR 732.17(h), we are requesting 
comments on whether the amendment satisfies the program approval 
criteria of 30 CFR

[[Page 63630]]

732.15. If the amendment is approved, it will become part of the 
Illinois program.

Written Comments

    Your written comments should be specific and pertain only to the 
issues proposed in this rulemaking. You should explain the reason for 
any recommended change. We may not consider in the final rulemaking or 
include in the administrative record any comments we receive after the 
close of the comment period (see DATES) or at locations other than the 
Indianapolis Field Office.

IV. Procedural Determinations

Executive Order 12866

    The Office of Management and Budget (OMB) exempts this rule from 
review under Executive Order 12866 (Regulatory Planning and Review).

Executive Order 12988

    The Department of the Interior conducted the reviews required by 
section 3 of Executive Order 12988 (Civil Justice Reform) and 
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 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

    This rule does not require an environmental impact statement since 
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency 
decisions on 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 
corresponding 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. Therefore, 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 corresponding 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 913

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 6, 1998.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 98-30546 Filed 11-13-98; 8:45 am]
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