[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72275-72277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33465]
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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 II]
Illinois Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is approving part of an 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
adjustment of performance bond amounts, administrative review,
subsidence control, water replacement, release of performance bonds,
siltation structures, impoundments, hydrologic balance, disposal of
noncoal mine wastes, revegetation, backfilling and grading, prime
farmland, and State inspections. This final rule document addresses
Illinois' revisions concerning adjustments to performance bond amounts
and administrative review. The primary focus of these revisions is to
provide permittees an opportunity for a formal hearing on adjustments
made to performance bonds. Illinois intends to revise its program to be
consistent with the corresponding Federal regulations, to provide
additional safeguards, and to improve operational efficiency.
EFFECTIVE DATE: December 27, 1999.
FOR FURTHER INFORMATION CONTACT: 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. Internet:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Illinois Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations
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. Submission of the Proposed Amendment
By letter dated August 2, 1999 (Administrative Record No. IL-5044),
the Illinois Department of Natural Resources (Department) sent us an
amendment to the Illinois program under SMCRA. The Department proposed
to amend Title 62 of the Illinois Administrative Code (IAC) 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.
We announced receipt of the amendment in the August 17, 1999,
Federal Register (64 FR 44674). In the same document, we opened the
public comment period and provided an opportunity for a public hearing
or meeting on the adequacy of the amendment. The public comment
[[Page 72276]]
period closed on September 16, 1999. Because no one requested a public
hearing or meeting, we did not hold one.
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 concerns 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 approved
them in a final rule on December 6, 1999 (64 FR 68024). Part II
concerns 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 its
revisions for adjustment of performance bond amounts and administrative
review (Administrative Record No. IL-5049). Therefore, this final rule
Federal Register document addresses the IL-097-FOR, Part II revisions.
Part III concerns revisions to Illinois' regulations relating to
performance bonds, siltation structures, impoundments, hydrologic
balance, disposal of noncoal mine wastes, revegetation, backfilling and
grading, prime farmland, and State inspections. These revisions will be
addressed in a future final rule.
III. Director's Findings
Following, under SMCRA and the Federal regulations at 30 CFR 732.15
and 732.17, are our findings on Illinois' revisions pertaining to
adjustment of performance bond amounts and administrative review.
Administrative Review of Bond Adjustment Determinations
Illinois revised its regulations for performance 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 prohibited the Department from
increasing performance bonds under its current regulations.
1. 62 IAC 1800.15 Adjustment of Performance Bond Amounts
In response to the court's decision, Illinois revised subsection
(b)(2) to provide the permittee an opportunity for a formal hearing, in
accordance with 62 IAC 1847.3, on proposed adjustments to the
performance bond amount. Currently, Illinois provides an opportunity
for an informal conference.
The counterpart Federal regulation at 30 CFR 800.15(b)(2) also
provides the permittee an opportunity for an informal conference on
proposed adjustments to the performance bond amount. However, Illinois'
allowance for a formal administrative hearing will provide an increased
level of due process procedures for the permittees. Therefore, we find
that Illinois' regulation at 62 IAC 1800.15(b)(2) is no less effective
than the Federal regulation at 30 CFR 800.15(b)(2).
2. 62 IAC 1847.3 Administrative Review and Judicial Review: Permit
Hearings
Illinois revised subsection (a) to provide that the hearing
procedures outlined in 62 IAC 1847.3 also apply to review of
performance bond adjustment determinations under 62 IAC 1800.15.
Illinois' currently approved regulations at 62 IAC Part 1847
consolidate the procedures for all of the formal hearings provided for
in the Illinois program. The proposed revision clarifies that
administrative review of performance bond adjustment determinations is
covered under the hearing procedures at 62 IAC 1847.3. We previously
approved the hearing procedures at 62 IAC 1847.3 for review of several
types of administrative decisions and determinations, including permit
decisions and valid existing right determinations. The Federal
regulations specify general adjudicatory provisions that States must
include in their administrative review hearing procedures, but allow
the States discretion in how to implement these provisions. We find
that Illinois' regulations at 62 IAC 1847.3 are consistent with the
Federal regulations at 43 CFR part 4 for purposes of administrative
hearings on performance bond adjustment determinations.
IV. Summary and Disposition of Comments
Public Comments
We requested public comments on the proposed amendment, but did not
receive any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from various Federal agencies with an actual or potential
interest in the Illinois program. By letter dated September 2, 1999,
the Natural Resources Conservation Services (NRCS) provided comments
(Administrative Record No. IL-5047). However, these comments did not
pertain to the Illinois program revisions concerning adjustment of
performance bond amounts or administrative review. Therefore, we will
discuss NRCS's comments in our future final rule document for IL-097-
FOR, Part III.
Environmental Protection Agency (EPA)
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
agreement from the EPA for those provisions of the program amendment
that relate to air or water quality standards issued under the
authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean
Air Act (42 U.S.C. 7401 et seq.). None of the revisions that Illinois
proposed to make in this amendment pertain to air or water quality
standards. Therefore, we did not ask the EPA to agree on the amendment.
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
proposed amendment from the EPA (Administrative Record No. IL-5045).
The EPA did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. None of the revisions that Illinois proposed to make in
this amendment pertain to historic properties. However, on August 10,
1999, we requested comments from both the SHPO and ACHP (Administrative
Record No. IL-5045), but neither responded to our request.
V. Director's Decision
Based on the above findings, we approve the revisions made to 62
IAC 1800.15(b)(2) and 1847.3(a). We approve the regulations that
Illinois proposed with the provision that they be published in
identical form to the regulations submitted to and reviewed by OSM and
the public.
To implement this decision, we are amending the Federal regulations
at 30 CFR Part 913, which codify decisions concerning the Illinois
program. We are making this final rule effective immediately to
expedite the State
[[Page 72277]]
program amendment process and to encourage Illinois to bring its
program into conformity with the Federal standards. SMCRA requires
consistency of State and Federal standards.
VI. 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 submitted by the States must be based
solely on a determination of whether the submittal is consistent with
SMCRA and its implementing Federal regulations and whether the other
requirements of 30 CFR Parts 730, 731, and 732 have been met.
National Environmental Policy Act
This rule does not require an environmental impact statement since
section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that agency
decisions on State regulatory program provisions do not constitute
major Federal actions within the meaning of section 102(2)(C) of the
National Environmental Policy Act (42 U.S.C. 4332(2)(C)).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3507 et seq.).
Regulatory Flexibility Act
The Department of the Interior has determined that this rule will
not have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
The State submittal which is the subject of this rule is based upon
corresponding Federal regulations for which an economic analysis was
prepared and certification made that such regulations would not have a
significant economic effect upon a substantial number of small
entities. Therefore, this rule will ensure that existing requirements
previously 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: December 14, 1999.
Charles E. Sandberg,
Acting Regional Director Mid-Continent Regional Coordinating Center.
For the reasons set out in the preamble, 30 CFR Part 913 is amended
as set forth below:
PART 913--ILLINOIS
1. The authority citation for Part 913 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 913.15 is amended in the table by adding a new entry in
chronological order by ``Date of final publication'' to read as
follows:
Sec. 913.15 Approval of Illinois regulatory program amendments.
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Original amendment submission date Date of final publication Citation/description
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August 2, 1999.......................... December 27, 1999.......... 62 IAC 1800.15(b)(2); 1847.3(a).
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[FR Doc. 99-33465 Filed 12-23-99; 8:45 am]
BILLING CODE 4310-05-P