[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Proposed Rules]
[Pages 44674-44681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21288]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 913
[SPATS No. IL-097-FOR]
Illinois Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; withdrawal of a previously proposed amendment
and public comment period and opportunity for public hearing for a new
proposed amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing the withdrawal of a previously proposed amendment and the
receipt of a new amendment to the Illinois regulatory program (Illinois
program) under the Surface Mining Control and Reclamation Act of 1977
(SMCRA). Illinois is replacing its previously proposed amendment dated
November 24, 1998, with a new amendment dated August 2, 1999. Both
amendments include changes to Illinois' regulations to reflect changes
required by the Energy Policy Act of 1992 regarding repair or
compensation for material damage caused by subsidence from underground
coal mining operations and replacement of drinking, domestic, and
residential water supplies that have been adversely impacted by
underground coal mining operations. The new amendment also includes
revisions to and additions of regulations concerning performance bond
adjustment; siltation structures; impoundments; hydrologic balance;
disposal of noncoal mine wastes; revegetation; backfilling and grading;
prime farmland; and State inspections. Illinois intends to revise its
program to be consistent with the corresponding Federal regulations, to
provide additional safeguards, to clarify ambiguities, and to improve
operational efficiency.
This document gives the times and locations that the Illinois
program and the new amendment to that program are available for your
inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: Written comments must be received by 4:00 p.m., e.s.t.,
September 16, 1999. If requested, we will hold a public hearing on the
amendment on September 13, 1999. We will accept
[[Page 44675]]
requests to speak at the hearing until 4:00 p.m., e.s.t. on September
1, 1999.
ADDRESSES: You should mail or hand deliver written comments and
requests to speak at the hearing to Andrew R. Gilmore, Director,
Indianapolis Field Office, at the address listed below.
You may review copies of the Illinois program, the amendment, a
listing of any scheduled public hearings, 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 amendment by contacting
OSM's Indianapolis Field Office.
Andrew R. Gilmore, Director, Indianapolis Field Office, Office of
Surface Mining, Minton-Capehart Federal Building, 575 North
Pennsylvania Street, Room 301, Indianapolis, IN 46204, Telephone: (317)
226-6700.
Illinois Department of Natural Resources, Office of Mines and Minerals,
Land Reclamation Division, 300 W. Jefferson Street, Suite 300,
Springfield, IL 62701, 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. Withdrawal of Proposed Amendment
By letter dated November 24, 1998 (Administrative Record No. IL-
5028), Illinois sent us an amendment to its program under SMCRA.
Illinois proposed to amend its regulations concerning repair or
compensation for material damage caused by subsidence from underground
coal mining operations and replacement of drinking, domestic, and
residential water supplies that have been adversely impacted by
underground coal mining operations. We announced receipt of the
proposed amendment in the December 10, 1998, Federal Register (63 FR
68218) and invited public comment on its adequacy. The public comment
period ended January 11, 1999. During our review of the amendment, we
identified issues concerning Illinois' policy for implementing the
proposed regulations. Illinois' implementation policy appeared to
contain requirements and exemptions that were not specified in the
regulation language. We met with Illinois on February 22, 1999, to
discuss our findings. On April 1, 1999, we notified Illinois of
additional concerns (Administrative Record No. IL-5042). On August 2,
1999, Illinois sent us a new amendment that responds to our concerns
and reflects the April 27, 1999, decision by the U.S. Court of Appeals
for the District of Columbia Circuit regarding the March 31, 1995,
Federal regulations relating to subsidence (National Mining Ass'n v.
Babbitt, 98-5320, D.C. Cir. 1999). The new amendment replaces Illinois'
amendment dated November 24, 1998. Therefore, we are withdrawing the
proposed amendment announced in the December 10, 1998, Federal
Register.
III. Description of the Proposed Amendment
By letter dated August 2, 1999 (Administrative Record No. IL-5044),
the Illinois Department of Natural Resources (Department) sent us a new
amendment to the Illinois program under SMCRA. The Department sent the
amendment in response to our letters dated May 20, 1996, June 17, 1997,
and January 15, 1999 (Administrative Record Nos. IL-1900, IL-2000, and
IL-5036, respectively), that we sent to Illinois under 30 CFR
732.17(c). The amendment also includes changes made at the Department's
own initiative. The Department proposes to amend Title 62 of the
Illinois Administrative Code (IAC). Below is a summary of the changes
proposed by the Department. The full text of the amendment is available
for your inspection at the locations listed above under ADDRESSES.
A. Subsidence Repair or Compensation and Water Replacement
On March 31, 1995, OSM promulgated rules to implement new section
720 of SMCRA. Section 720, which took effect on October 24, 1992, as
part of the Energy Policy Act of 1992, Public Law 102-486, 206 Stat.
2776, requires all underground coal mining operations conducted after
October 24, 1992, to promptly repair or compensate for material damage
caused by subsidence to noncommercial buildings and occupied
residential dwellings and related structures. It also requires the
replacement of drinking, domestic, and residential water supplies that
have been adversely impacted by underground coal mining operations
conducted after that date. By letter dated May 20, 1996, under 30 CFR
732.17(c), we notified Illinois to amend its program to be no less
effective than the changes which resulted from the enactment of section
720 of SMCRA and the promulgation of implementing Federal regulations
on March 31, 1995 (Administrative Record No. IL-1900). In response to
this notification, Illinois proposed the following changes to its
regulations:
1. 62 IAC 1701. Appendix A--Definition of Drinking, Domestic or
Residential Water Supply
Illinois proposes to add the following definition for ``drinking,
domestic or residential water supply'':
``Drinking, domestic or residential water supply'' means water
received from a well or spring and any appurtenant delivery system
that provides water for direct human consumption or household use.
Wells and springs that serve only agricultural, commercial or
industrial enterprises are not included except to the extent the
water supply is for direct human consumption or human sanitation, or
domestic use.
2. 62 IAC 1701. Appendix A--Definition of Material Damage
Illinois proposes the following definition for ``material damage'':
``Material damage,'' in the context of 62 Ill. Adm. Code 1784.20
and 62 Ill. Adm. Code 1817.121 means:
Any functional impairment of surface lands, features, structures
or facilities;
Any physical change that has a significant adverse impact on the
affected land's capability to support any current or reasonably
foreseeable uses or causes significant loss in production or income;
or
Any significant change in the condition, appearance or utility
of any structure or facility from its pre-subsidence condition.
3. 62 IAC 1701. Appendix A--Definition of Replacement of Water Supply
Illinois proposes to define ``replacement of water supply'' as
follows:
``Replacement of water supply'' means, with respect to protected
water supplies contaminated, diminished, or interrupted by coal
mining operations, provision of water supply on both a temporary and
permanent basis equivalent to premining quantity and quality.
Replacement includes provision of an equivalent water delivery
system and payment of operation and maintenance costs in excess of
customary and reasonable delivery costs for premining water
supplies.
Upon agreement by the permittee and the water supply owner, the
obligation to pay such operation and maintenance costs may be
satisfied by a one-time payment in an amount which covers the
present worth of
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the increased annual operation and maintenance costs for a period
agreed to by the operator and the water supply owner.
If the affected water supply was not needed for the land use in
existence at the time of loss, contamination or diminution, and if
the supply is not needed to achieve the postmining land use,
replacement requirements may be satisfied by demonstrating that a
suitable alternative water source is available and could feasibly be
developed. If the latter approach is selected, written concurrence
must be obtained from the water supply owner.
4. 62 IAC 1784.14 Hydrologic Information--Underground Mining Permit
Applications
a. Illinois revised subsection (b)(1) by adding the word
``shadow.'' This subsection now requires the permit application to
contain the location and ownership for the permit, shadow and adjacent
area of existing wells, springs, and other ground water resources,
seasonal quality and quantity of ground water and water usage.
b. Illinois revised subsection (b)(1)(A)(i) by adding the phrase
``for the permit area and its adjacent area.'' For the permit area and
its adjacent area, the revised subsection requires that ground water
quality descriptions include pH, total dissolved solids, hardness,
alkalinity, acidity, sulfates, total iron, total manganese, and
chlorides.
c. Illinois added new subsection (b)(1)(A)(ii) to require that
ground water quality descriptions include, at a minimum:
for the shadow area and its adjacent area, pH, total dissolved
solids, total iron and total manganese. The Department shall allow
the measurement of specific conductance in lieu of total dissolved
solids if the permittee develops site-specific relationships
precisely correlating specific conductance to total dissolved solids
for specific sites for all zones being monitored.
d. Illinois revised subsection (b)(1)(B) by adding the phrase ``for
the permit, shadow and adjacent areas.'' The revised subsection
requires ground water quantity descriptions for the permit, shadow and
adjacent areas to include, at a minimum, rates of discharge or usage
and elevation of the potentiometric surface in the coal to be mined. It
also requires this information for each water bearing stratum above the
coal to be mined and in each water bearing stratum which may be
potentially impacted below the coal to be mined.
e. Illinois added the following new provision at subsection
(e)(3)(D) to require that the determination of the probable hydrologic
consequences include the following finding:
Whether the underground mining activities conducted after
January 19, 1996 may result in contamination, diminution or
interruption of a well or spring in existence at the time the permit
application is submitted and used for domestic, drinking, or
residential purposes within the permit, shadow or adjacent areas.
5. 62 IAC 1784.20 Subsidence Control Plan--Underground Mining Permit
Applications
a. Illinois removed the introductory paragraph of 62 IAC 1784.20
and added its substantive provisions to subsections (a) and (b).
b. Subsection (a) is entitled ``Pre-subsidence survey.'' Subsection
(a)(1) requires the permit application to include a map of the permit,
shadow and adjacent areas at a scale of 1:12,000 or larger if
determined necessary. The map must show the location and type of
structures and renewable resource lands that subsidence may materially
damage or for which the value or reasonably foreseeable use may be
diminished by subsidence. It must also show the location, depth and
type of drinking, domestic and residential water supplies that could be
contaminated, diminished or interrupted by subsidence.
c. Subsection (a)(2) requires the permit application to include a
narrative indicating whether subsidence, if it occurred, could cause
material damage to or diminish the value or reasonably foreseeable use
of such structures or renewable resource lands or could contaminate,
diminish, or interrupt drinking, domestic, or residential water
supplies.
d. Subsection (b) contains the requirements for a subsidence
control plan. If the Department agrees, the applicant does not have to
provide further information if the survey shows that: (1) No structures
or protected water supplies or renewable resource lands exist; or (2)
no material damage or diminution in value or reasonably foreseeable use
of such structures or lands exist and no contamination, diminution, or
interruption of such water supplies would occur as a result of mine
subsidence. The application must include a subsidence control plan if
the survey shows that structures, renewable resource lands or water
supplies exist and that: (1) Subsidence could cause material damage or
diminution in value or reasonably foreseeable use of structures; or (2)
contamination, diminution, or interruption of protected water supplies;
or (3) if the Department determines that damage, diminution in value or
foreseeable use or contamination, diminution, or interruption could
occur.
e. Existing subsection (a) was recodified as subsection (b)(1) and
the reference to ``other extraction methods'' was removed.
f. Existing subsection (b) was recodified as subsection (b)(2) and
revised to require the map of underground workings to identify all
areas where measures described in subsections (b)(4), (b)(5) and (b)(7)
will be taken to prevent or minimize subsidence and subsidence-related
damage and, when applicable, to correct subsidence-related material
damage.
g. Existing subsection (c) was recodified as subsection (b)(3) and
revised to require the pre-subsidence survey to include a description
of the physical conditions, such as depth of cover, seam thickness and
lithology of overlying and underlying strata. It also requires a
description of geotechnical stability parameters that affect the
likelihood or extent of subsidence and subsidence related damage or
potential underground mining impacts on ground water supplies.
h. Existing subsection (d)(5) was recodified as subsection (b)(4)
and revised to require a description of the monitoring, if any, needed
to determine the commencement and degree of subsidence so that, when
appropriate, other measures can be taken to prevent, reduce or correct
material damage in accordance with 62 Ill. Adm. Code 1817.121(c).
i. Existing subsection (d) was recodified as subsection (b)(5). It
requires a detailed description of the subsidence control measures for
those areas where planned subsidence is not projected to be used.
Existing subsections (d) (1) through (3) were recodified as subsections
(b)(5) (A) through (C) without change. Existing subsection (d)(4) was
recodified as subsection (b)(5)(D) and revised to require the
description of the subsidence control measures to include those
measures to be taken on the surface to prevent or minimize material
damage or diminution in value of the surface. New subsection (b)(5)(E)
requires a description of the geotechnical and engineering analysis of
the mining geology and geometry, percent extraction, and historic
performance to substantiate a stable subsidence control plan.
j. Existing subsection (e) was recodified as subsection (b)(6)
without change.
k. Existing subsection (f) was removed.
l. New subsection (b)(7) was added for those areas where unplanned
subsidence is projected to be used. It requires the subsidence control
plan to
[[Page 44677]]
include a description of procedures to determine the quantity and
quality of drinking, domestic and residential water supplies in
accordance with 62 Ill. Adm. Code 1817.121(a)(2), if impacts could
reasonably be expected to cause material damage. The applicant may
request an exemption from conducting surveys of protected water
supplies if the applicant can demonstrate that material damage
resulting from underground mining is not likely to occur. The
demonstration must be based on site specific geotechnical information,
stability design, and historical performance provided in subsections
(b)(3) and (b)(5).
m. For those areas where planned subsidence is projected to be
used, new subsection (b)(8)(A) requires the subsidence control plan to
include a description of the methods to be used to minimize damage from
planned subsidence to structures and facilities; or the written consent
of the owner of the structure or facility that minimization measures
not be taken; or, unless the anticipated damage would constitute a
threat to health or safety, a demonstration that the costs of
minimizing damage exceed the anticipated costs of repair. New
subsection (b)(8)(B) requires a description of procedures to determine
the condition of structures and facilities and the quantity and quality
of drinking, domestic and residential water supplies, if impacts could
reasonably be expected to cause material damage. If the applicant can
demonstrate that material damage resulting from underground mining is
not likely to occur, the applicant may request an exemption from
conducting structure condition surveys and/or surveys of drinking,
domestic and residential water supplies required by 62 Ill. Adm. Code
1817.121(a)(2). The demonstration must be based on site specific
geotechnical information, stability design and historical performance
provided under subsections (b)(3) and (b)(6).
n. New subsection (b)(9) requires a description of the measures to
be taken in accordance with 62 Ill. Adm. Code 1817.41(j) and
1817.121(c) to replace adversely affected protected water supplies or
to mitigate or remedy any subsidence related material damage to the
land and protected structures. At subsection (b)(9)(A) the applicant
must provide procedures to determine the existence and degree of
material damage or diminution of value or foreseeable use of the
surface, structures and facilities, or water quality and quantity. The
procedures must address resolution of disputes between the landowner
and the permittee over the existence, amount, level or degree of
damage, such as third party arbitration. At subsection (b)(9)(B), the
applicant must provide a plan for determining an appropriate present
worth amount and describe how to resolve disputes between the landowner
and the applicant over this amount, such as third party arbitration.
o. Existing subsection (g) was recodified as subsection (b)(10)
with only editorial changes.
6. 62 IAC 1817.41 Hydrologic Balance Protection
Illinois proposes to add the following new provision at 62 IAC
1817.41(j):
Drinking, domestic or residential water supply. The permittee
must promptly replace any drinking, domestic or residential water
supply that is contaminated, diminished or interrupted by
underground mining activities conducted after January 19, 1996, if
the affected well or spring was in existence before the date the
Department received the permit application for the activities
causing the loss, contamination or interruption. The baseline
hydrologic information required in 62 Ill. Adm. Code 1780.21 and
1784.14 and the geologic information concerning baseline hydrologic
conditions required in 62 Ill. Adm. Code 1780.22 and 1784.22 will be
used to determine the impact of mining activities upon the water
supply.
7. 62 IAC 1817.121 Subsidence Control
Illinois changed the word ``operator'' to ``permittee'' throughout
this section and proposed the following changes:
a. At section 1817.121(a), Illinois added the heading ``Measures to
prevent or minimize damage''; numbered the existing language in the
first sentence as subsection (a)(1); and removed the last sentence.
b. New subsection (a)(2) requires that based on the requirements of
62 Ill. Adm. Code 1784.20(b)(7) and (b)(8), the permittee must perform
a survey of the condition of all structures and facilities that may be
materially damaged or for which the reasonably foreseeable use may be
diminished by subsidence. The permittee must also perform a survey of
the quantity and quality of all drinking, domestic, and residential
water supplies within the permit area, subsidence shadow area, and
adjacent area that could be contaminated, diminished, or interrupted by
subsidence. The applicant must pay for any technical assessment or
engineering evaluation used to determine the pre-mining condition or
value of such structures and facilities and the quantity and quality of
drinking, domestic, or residential water supplies. The applicant must
provide copies of the survey and any technical assessment or
engineering evaluation to the property owner.
c. Subsection (a)(2)(A) requires the permittee to perform or
schedule the condition survey of structures and facilities a minimum of
120 days prior to undermining. A lesser time may be approved by the
Department if justified by the permittee in writing. The permittee must
provide a copy of the condition survey to the property owner and
maintain a copy that must be provided to the Department upon request.
The permittee must provide the Department with verification that the
survey has been completed and forwarded to the property owner.
d. Subsection (a)(2)(B) requires the permittee to complete the
survey of drinking, domestic and residential water supplies 120 days
prior to the water delivery system being undermined. A lesser time may
be approved by the Department if justified by the permittee in writing.
The permittee must provide a copy of the water survey to the property
owner and to the Department.
e. At new subsection (a)(3), if a permittee employs mining
technology that provides for planned subsidence in a predictable and
controlled manner, the permittee must take necessary and prudent
measures, consistent with the mining method employed, to minimize
material damage to the extent technologically and economically feasible
to structures and facilities. Measures to minimize material damage are
not required: (1) If the permittee has the written consent of the
owners of the structures and facilities; or (2) unless the anticipated
damage would constitute a threat to health or safety, the costs of such
measures exceed the anticipated costs of repair.
f. Subsection (a)(4) provides that nothing in this Part prohibits
the standard method of room-and-pillar mining.
g. The substantive language of subsection (b) was not changed.
h. At subsection (c), Illinois added the heading ``Repair of
damage.''
i. At subsection (c)(1), Illinois added the heading ``Repair of
damage to surface lands'' and made minor language changes.
j. At subsection (c)(2), Illinois added the heading ``Repair or
compensation for damage to structures and facilities.'' Illinois also
revised subsection (c)(2) to require the permittee to promptly repair
or compensate the owner for material damage resulting from subsidence
caused to any structure or facility that existed at the time of the
coal extraction under or adjacent to the materially damaged structure.
If the repair option is selected, the permittee must fully
[[Page 44678]]
rehabilitate, restore or replace the damaged structure. If compensation
is selected, the permittee must compensate the owner of the damaged
structure for the full amount of the decrease in value resulting from
the subsidence-related damage. The permittee may provide compensation
by the purchase, before mining, of a non-cancelable premium-prepaid
insurance policy. These requirements apply only to subsidence-related
damage caused by underground coal extraction conducted after February
1, 1983.
k. Existing subsection (c)(3) was removed. New subsection (c)(3)
provides requirements for adjustment of the performance bond amount
when subsidence-related material damage to protected land, structures
or facilities occur or when contamination, diminution, or interruption
to a water supply occurs. The Department must require the permittee to
obtain additional performance bond in the amount of the estimated cost
of the repairs if the permittee will be repairing, or in the amount of
the decrease in value if the permittee will be compensating the owners,
or in the amount of the estimated cost to replace the protected water
supply if the permittee will be replacing the water supply. The
additional performance bond must remain in force until the repair,
compensation, or replacement is completed. If repair, compensation, or
replacement is completed within 90 days of the occurrence of damage, no
additional bond is required. This time frame may be extended, but not
to exceed one year, if the permittee demonstrates that subsidence is
not complete, that not all probable subsidence-related material damage
has occurred to lands or protected structures, or that not all
reasonable anticipated changes have occurred affecting protected water
supplies. The permittee may also use appropriate terms and conditions
for liability insurance to assure that the financial responsibility to
comply with subsection (c) is in place.
l. Illinois removed the last sentence of subsection (g).
8. Policy and Justification for Subsidence Repair and Water Replacement
Regulations
The amendment includes a letter and a side-by-side comparison of
the proposed subsidence-related regulations and the counterpart Federal
regulations to supplement Illinois changes concerning subsidence repair
and water replacement. The letter discusses:
(1) What operations must perform pre-mining structure condition
surveys. Applicable changes: 62 IAC 1784.20 (a)(1), (b)(3),
(b)(5)(E), (b)(8) and 1817.121 (a)(2) and (a)(2)(A);
(2) What operations must perform pre-mining water quality and
quantity surveys. Applicable changes: 62 IAC 1784.20 (a)(1), (b)(3),
(b)(5)(E), (b)(7), (b)(8) and 1817.121 (a)(2) and (a)(2)(B);
(3) When should specific water surveys be required. Applicable
changes: 62 IAC 1784.14 (b)(1), (e)(3)(D), 1784.20 (a)(1), (b)(7),
(b)(8), (b)(9) and 1817.121 (a)(2) and (a)(2)(B);
(4) Where are condition surveys to be kept. Applicable change:
62 IAC 1817.121(a)(2)(A);
(5) Where is water quality and quantity survey information to be
kept. Applicable change: 62 IAC 1817.121(a)(2)(B).
(6) How will compensation for water replacement costs be
managed. Applicable change: 62 IAC 1784.20(b)(8)(B).
B. Siltation Structures, Impoundments, Banks, Dams, and Embankments
By letters dated June 17, 1997, and January 15, 1999, under 30 CFR
732.17(c), we notified Illinois that changes to the Illinois
regulations relating to siltation structures, impoundments, banks,
dams, and embankments were needed to be no less effective than the
changes that were made to the Federal regulations on October 20, 1994
(59 FR 53022). In the October 20, 1994, rulemaking, OSM included
standards from the U.S. Department of Agriculture, Soil Conservation
Service Technical Release No. 60 (210-VI-TR60, Oct. 1985) as part of
the Federal requirements for siltation structures and impoundments.
These changes were made as the result of decisions by the U.S. District
Court of the District of Columbia in In Re: Permanent Surface Mining
Regulation Litigation (II), No. 79-1144 (D.D.C. July 15, 1985) and In
Re: NWF v. Lujan, No. 88-3345 (D.D.C. August 30, 1990). In response to
this notification, Illinois proposed the following changes to its
regulations:
1. 62 IAC 1780.25 (Surface Mining) and 1784.16 (Underground Mining)
Reclamation Plan: Siltation Structures, Impoundments, Banks, Dams, and
Embankments
a. Illinois removed all references to sedimentation ponds and added
references to siltation structures. Illinois also revised all outdated
citation references.
b. Illinois added the following new language at the beginning of
subsections (a)(2):
Impoundments meeting the Class B or C criteria for dams in the
U.S. Department of Agriculture, Soil Conservation Service Technical
Release No. 60 (210-VI-TR60, Oct. 1985), ``Earth Dams and
Reservoirs,'' Technical Release No. 60 (TR-60) shall comply with the
requirements of this section for structures that meet or exceed the
size or other criteria of the Mine Safety and Health Administration
(MSHA).
c. Illinois revised the introductory language of subsections (a)(3)
to read as follows:
Each detailed design plan for a structure not included in
subsection (a)(2) above shall:
d. Illinois revised subsections (f) to require that each plan under
subsections (b), (c), and (e) include a stability analysis if the
structure meets the Class B or C criteria for dams in TR-60 or meets
the size or other criteria of 30 CFR 77.216(a).
2. 62 IAC 1816.46 (Surface Mining Operations) and 1817.46 (Underground
Mining Operations) Hydrologic Balance: Siltation Structures
Illinois removed the existing language from subsections (c)(2) and
added the new language shown below. The only difference between the
surface mining language and the underground mining language is a
citation reference. We placed the citation reference for underground
mining operations in brackets.
Spillways. A sediment pond shall include either a combination of
principal and emergency spillways or single spillway configured as
specified in section 1816.49(a)(9) [1817.49(a)(9)] of this Part.
3. 62 IAC 1816.49 (Surface Mining Operations) and 1817.49 (Underground
Mining Operations) Impoundments
a. Illinois added new subsections (a)(1) to read as follows:
Impoundments meeting the Class B or C criteria for dams in the
U.S. Department of Agriculture, Soil Conservation Service Technical
Release No. 60 (210-VI-TR60, Oct. 1985), ``Earth Dams and
Reservoirs,'' 1985 shall comply with ``Minimum Emergency Spillway
Hydrology Criteria'' table in TR-60 and the requirements of this
section.
b. Illinois redesignated existing subsections (a)(1) through
(a)(11) as (a)(2) through (a)(12). Illinois also revised outdated
citation references and changed the term ``operator'' to the term
``permittee'' throughout these sections.
c. Illinois revised redesignated subsections (a)(4)(A) to read as
follows:
An impoundment meeting the Class B or C criteria for dams in TR-
60, or the size or other criteria of 30 CFR 77.216(a) shall have a
minimum static safety factor of 1.5 for a normal pool with steady
state seepage saturation conditions, and a seismic safety factor of
at least 1.2.
d. Illinois revised redesignated subsections (a)(4)(B) by removing
the language ``Impoundments meeting the size or other criteria of 30
CFR 77.216(a)'' and adding the language
[[Page 44679]]
``Impoundments included in subsection (a)(4)(A) above.''
e. Illinois added the following new sentence to redesignated
subsections (a)(5):
Impoundments meeting the SCS Class B or C criteria for dams in
TR-60 shall comply with the freeboard hydrology criteria in the
``Minimum Emergency Spillway Hydrology Criteria'' table in TR-60.
f. Illinois revised redesignated subsections (a)(6)(A) to require
that impoundments meeting the Class B or C criteria for dams in TR-60
meet the same requirements that are specified in these subsections for
impoundments meeting the size or other criteria of 30 CFR 77.216(a).
g. Illinois revised redesigned subsections (a)(10)(A) to require
that impoundments meeting the SCS Class B or C criteria for dams in TR-
60, or the size or other criteria of 30 CFR 77.216(a) be inspected,
examined and certified in accordance with 30 CFR 77.216.
h. Illinois revised redesigned subsections (a)(11) to require that
impoundments that do not meet the SCS Class B or C criteria for dams in
TR-60 or that are not subject to 30 CFR 77.216(a) must be examined at
least quarterly for appearances of instability, structural weakness, or
other hazardous conditions. The permittee must designate a qualified
person to do the quarterly examinations.
i. Illinois revised subsections (b)(9)(A) by also requiring that
permanent impoundments not meeting the Class B or C criteria for dams
in TR-60 be provided with a spillway that meets the requirements
specified in these subsections for those not meeting the size or other
qualifying criteria of 30 CFR 77.216(a).
j. Illinois added new subsections (b)(9)(C) to read as follows:
Permanent impoundments meeting the Class B or C criteria for
dams in TR-60, shall be provided with a spillway that meets the
criteria in the ``Minimum Emergency Spillway Hydrologic Criteria''
table in TR-60, or such larger event as may be specified by the
Department based on factors such as terrain, topography and soil
type.
k. Illinois revised subsections (c)(1) by also requiring that
temporary impoundments not meeting the Class B or C criteria for dams
in TR-60 be provided with a spillway that meets the requirements
specified in these subsections for those not meeting the size or other
qualifying criteria of 30 CFR 77.216(a). Illinois also added the
following new provision at the end of subsections (c)(1):
Temporary impoundments meeting the Class B or C criteria for
dams in TR-60, shall be provided with a spillway that meets the
criteria in the ``Minimum Emergency Spillway Hydrologic Criteria''
table in TR-60, or such larger event as may be specified by the
Department based on factors such as terrain, topography and soil
type.
l. Illinois revised subsections (c)(2)(B)(i) to require that
temporary impoundments meeting the SCS Class B or C criteria for dams
in TR-60 be designed to control the same precipitation event specified
for impoundments meeting the size or other criteria of 30 CFR
77.216(a).
m. Illinois revised subsections (c)(2)(B)(ii) by replacing the
language ``meeting the size or other criteria of 30 CFR 77.216(a)''
with the language ``included in subsection (c)(2)(B)(i) above.''
C. Performance Bonds
1. Administrative Review of Bond Adjustment Determinations
Illinois is revising its regulations for bond adjustment and
administrative review as a result of Court Case No. 99-MR-214, Sangamon
County, Illinois. The court found that the Department's rules lacked a
mechanism for administrative hearing in the case of bond adjustments.
The court ruled that this was in violation of the Illinois
Administrative Procedure Act and enjoined the Department from
increasing performance bond under its current regulations.
a. 62 IAC 1800.15 Adjustment of Performance Bond.
Illinois revised subsection (b) to provide the permittee an
opportunity for administrative review under 62 Ill. Adm. Code 1847.3 of
any proposed adjustment to the performance bond amount.
b. 62 IAC 1847.3 Permit Hearings.
Illinois revised subsection (a) to provide that the hearing
procedures outlined in 62 IAC 1847.3 also apply to review of bond
adjustment determinations under 62 Ill. Adm. Code 1800.15.
2. 62 IAC 1800.40 Requirement to Release Performance Bonds
a. Illinois revised subsection (a)(1) to allow permittees to
authorize a person to act on their behalf in filing an application for
bond release and to allow the Department to initiate an application for
bond release.
b. In subsections (a)(2) and (3), the term ``operator'' is changed
to ``applicant.''
c. In subsection (b)(2), Illinois removed a reference to the term
``county.'' Illinois also added a requirement that the municipality in
which the surface coal mining operation is located be notified by
certified mail of the Department's final administrative decision to
release or not to release all or part of the performance bond.
D. 62 IAC 1816.89 (Surface Mining Operations) and 1817.89 (Underground
Mining Operations) Disposal of Noncoal Mine Wastes
At subsections (b), Illinois is requiring that areas reclaimed to
cropland capability have a minimum of four feet of suitable soil cover.
E. 62 IAC 1817.101 (Underground Mining Operations)--Backfilling and
Grading: General Requirements
Illinois revised subsection (a) to require that surface areas
disturbed incident to underground mining activities be backfilled and
graded not later than 12 months after cessation of active use as
determined by the Department.
F. Revegetation
1. 62 IAC 1816.111 (Surface Mining Operations) and 1817.111
(Underground Mining Operations) Revegetation: General Requirements
a. Illinois revised outdated citation references in 62 IAC
1816.111(b)(5).
b. At 62 IAC 1816.111(d) and 1817.111(d), Illinois removed the
requirement that those prime farmlands granted an exemption in
accordance with 62 Ill. Adm. Code 1785.17(a)(5) meet the requirements
of 62 Ill. Adm. Code 1823.15.
2. 62 IAC 1816.116 (Surface Mining Operations) and 1817.116
(Underground Mining Operations) Success of Revegetation.
Illinois added a provision at subsections (b)(2) that require the
person who conducts mining activities to:
Initiate a soil compaction and fertility testing plan, subject
to the approval of the Department, for areas which have incurred
five unsuccessful attempts to meet the production required by
subsections (a)(3)(C) or (E) above or 62 Ill. Adm. Code 1785.15, or
shall initiate deep tillage on the areas.
Illinois redesignated existing subsections (b)(2) as subsections
(b)(3).
G. 62 IAC 1823.14 Prime Farmland: Soil Replacement
Illinois revised subsection (d) by adding the following new
requirement:
In those areas where the B or C horizons were not removed but
may have been compacted or otherwise damaged during the mining
operation, the permittee shall engage in deep tillage or other
appropriate means to restore premining capabilities.
[[Page 44680]]
H. 62 IAC 1840.11 Inspections by the Department
Illinois revised subsection (f)(2) by adding the language ``or the
Department has determined that the reclamation required for Phase II
bond release has been completed'' at the end of the existing language.
This will allow a surface coal mining and reclamation operation that
meets the new criteria to be designated inactive for inspection
purposes.
I. Miscellaneous Changes
Throughout the sections discussed above, Illinois corrected
typographical errors, punctuation, citation references, and other
editorial-type errors; made minor wording changes; and simplified its
use of numbers. To reflect recodification of the Illinois Surface
Mining Land Conservation and Reclamation Act that occurred in 1992,
Illinois replaced its citation references for the ``Ill. Rev. Stat.
1989, ch. 96\1/2\, pars. 7901.01 et seq.'' with references to ``225
ILCS 720.'' Illinois also made some of the same types of corrections
and changes in 62 IAC 1777.11, 1800.13, 1840.14, and 1846.18.
IV. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are requesting
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the Illinois program.
Written Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
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. In the final rulemaking, we will not
necessarily consider or include in the Administrative Record any
comments received after the time indicated under DATES or at locations
other than the Indianapolis Field Office.
Please submit Internet comments as an ASCII file avoiding the use
of special characters and any form of encryption. Please also include
``Attn: SPATS No. IL-097-FOR'' and your name and return address in your
Internet message. If you do not receive a confirmation that we have
received your Internet message, contact the Indianapolis Field Office
at (317) 226-6700.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., e.s.t. on
September 1, 1999. We will arrange the location and time of the hearing
with those persons requesting the hearing. If you are disabled and need
special accommodations to attend a public hearing, contact the
individual listed under FOR FURTHER INFORMATION CONTACT. The hearing
will not be held if no one requests an opportunity to speak at the
public hearing.
You should file a written statement at the time you request the
hearing. This will allow us to prepare adequate responses and
appropriate questions. The public hearing will continue on the
specified date until all persons scheduled to speak have been heard. If
you are in the audience and have not been scheduled to speak and wish
to do so, you will be allowed to speak after those who have been
scheduled. We will end the hearing after all persons scheduled to speak
and persons present in the audience who wish to speak have been heard.
Public Meeting
If only one person requests an opportunity to speak at a hearing, a
public meeting, rather than a public hearing, may be held. If you wish
to meet with us to discuss the amendment, request a meeting by
contacting the person listed under FOR FURTHER INFORMATION CONTACT. All
such meetings are open to the public and, if possible, we will post
notices of meetings at the locations listed under ADDRESSES. We also
make a written summary of each meeting a part of the Administrative
Record.
V. 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 has conducted the reviews required
by section 3 of Executive Order 12988 (Civil Justice Reform) and has
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 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 published 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.
[[Page 44681]]
Unfunded Mandates
OSM has determined and certifies under 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: August 10, 1999.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 99-21288 Filed 8-16-99; 8:45 am]
BILLING CODE 4310-05-P