[Federal Register Volume 65, Number 30 (Monday, February 14, 2000)]
[Proposed Rules]
[Pages 7331-7332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3293]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[SPATS No. IL-097-FOR, Part III]


Illinois Regulatory Program

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

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

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SUMMARY:  The Office of Surface Mining Reclamation and Enforcement 
(OSM) is announcing receipt of revisions to a previously proposed 
amendment to the Illinois regulatory program (Illinois program) under 
the Surface Mining Control and Reclamation Act of 1977 (SMCRA). 
Illinois proposed revisions to its program concerning subsidence 
control, water replacement, adjustment of performance bonds, 
administrative review, release of performance bonds, 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, and to improve operational efficiency.

DATES:  We will accept written comments until 4:00 p.m., e.s.t., 
February 29, 2000.

ADDRESSES:  Written comments should be mailed or hand delivered to 
Andrew R. Gilmore, Director, Indianapolis Field Office, at the address 
listed below.
    You may review copies of the Illinois program, the amendment, and 
all written comments received in response to this document at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. You may receive one free copy of the 
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, Indiana 46204-1521, 
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. Discussion of the Proposed Amendment

    By letter dated August 2, 1999 (Administrative Record No. IL-5044), 
Illinois sent us an amendment to its program under SMCRA. Illinois sent 
the amendment in response to our letters dated May 20, 1996, June 17, 
1997, October 30, 1997, and January 15, 1999 (Administrative Record 
Nos. IL-1900, IL-2000, IL-2002, and IL-5036, respectively), that we 
sent to Illinois under 30 CFR 732.17(c).
    We announced receipt of the amendment in the August 17, 1999, 
Federal Register (64 FR 44674) and invited public comment on its 
adequacy. The public comment period ended September 16, 1999.
    During our review of the amendment, we identified concerns relating 
to siltation structures, impoundments, performance bonds, and State 
inspections. We also identified some nonsubstantive editorial errors. 
We notified Illinois of these concerns and editorial problems by letter 
dated September 21, 1999 (Administrative Record No. IL-5048). We also 
separated the amendment into three parts in order to expedite the State 
program amendment process. Part I concerned revisions to Illinois' 
regulations relating to subsidence control and water replacement. 
Because we did not identify any concerns relating to Illinois' 
revisions for subsidence control and water replacement, we made our 
final decision on them in a final rule on December 6, 1999 (64 FR 
68024). Part II concerned revisions to Illinois' regulations relating 
to adjustment of performance bond amounts and administrative review. On 
December 2, 1999, the Department requested that we proceed with our 
decision on these revisions (Administrative Record No. IL-5049). 
Because we did not identify any concerns relating to Illinois' 
revisions for adjustment of performance bond amounts and administrative 
review, we made our decision on them in a final rule on December 27, 
1999 (64 FR 72275). Part III concerns revisions to Illinois' 
regulations relating to release of performance bonds, siltation 
structures, impoundments, hydrologic balance, disposal of noncoal mine 
wastes, revegetation, backfilling and grading, prime farmland, and 
State inspections. This proposed rule Federal Register document 
addresses IL-097-FOR, Part III. By letter dated January 27, 2000, 
Illinois sent us a revised amendment (Administrative Record No. IL-
5052).
    Illinois proposed minor wording, editorial, punctuation, 
grammatical, and recodification changes throughout its amendment. 
Illinois proposed more substantive revisions for the following 
provisions of its amendment:

A. 62 IAC 1701. Appendix A, Definitions

    Illinois removed the following definition of ``Institute'' because 
it is no longer applicable to the Illinois program:

    ``Institute'' means the Department of Energy and Natural 
Resources or such other agency as designated by the Director in 
accordance with Section 7.03 of the State Act.

B. 62 IAC 1780.25 (Surface Mining) and 1784.16 (Underground Mining) 
Reclamation Plan: Siltation Structures, Impoundments, Banks, Dams, and 
Embankments

    1. Illinois is revising the introductory paragraphs of its 
regulations at 62 IAC 1780.25(a) and 1784.16(a) to require that each 
application include a general plan and a detailed design plan for each 
proposed siltation structure, water impoundment, and coal processing 
waste bank, dam, or embankment within the proposed permit area.

[[Page 7332]]

    2. Illinois is revising the last sentence of 62 IAC 1784.16(a)(2) 
by replacing the language ``does not meet'' with the language ``meets 
or exceeds.'' The revised sentence reads as follows:

    Each detailed design plan for a structure that meets or exceeds 
the size or other criteria of 30 CFR 77.216(a) shall:

    3. Illinois is revising 62 IAC 1780.25(a)(2)(B) and 
1784.16(a)(2)(B) to read as follows:

    Include any geotechnical investigation, design, and construction 
requirements for the structure.

    4. Illinois is revising 62 IAC 1784.16(a)(3)(B) to read as follows:

    Include any design and construction requirements for the 
structure, including any required geotechnical information.

C. 62 IAC 1800.40  Requirement to Release Performance Bonds

    1. By adding the following sentence to 62 IAC 1800.40(a)(1), 
Illinois clarified that the Department will meet the notification and 
certification requirements of section 1800.40(a)(2) and (3) when it 
initiates an application for bond release.

    For bond releases initiated by the Department, the Department 
shall undertake the notification and certification requirements of 
the applicant under this Section.

    2. At 62 IAC 1800.40(b)(2), Illinois added a requirement that the 
Department notify by certified mail the municipality and county in 
which the surface coal mining operation is located of its final 
administrative decision to release or not to release all or part of the 
performance bond.

D. 62 IAC 1840.11  Inspection by the Department

    Illinois is withdrawing from its proposed amendment the revision at 
62 IAC 1840.11(f)(2) that defined an inactive surface coal mining and 
reclamation operation as one for which ``the Department has determined 
that the reclamation required for Phase II bond release has been 
completed.''

III. Public Comment Procedures

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

IV. Procedural Determinations

Executive Order 12866

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

Executive Order 12988

    The Department of the Interior 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 published 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.

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: February 2, 2000.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 00-3293 Filed 2-11-00; 8:45 am]
BILLING CODE 4310-05-P