[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

[[Page 44676]]

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