[Federal Register Volume 66, Number 158 (Wednesday, August 15, 2001)]
[Proposed Rules]
[Pages 42813-42815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20444]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 913
[SPATS No. IL-100-FOR]
Illinois Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing.
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SUMMARY: The Office of Surface Mining Reclamation and Enforcement (OSM)
is announcing receipt of a proposed amendment to the Illinois
regulatory program (Illinois program) under the Surface Mining Control
and Reclamation Act of 1977 (SMCRA or the Act). Illinois proposes
revisions to and additions of statutory provisions concerning lands
eligible for remining, the Illinois Interagency Committee on Surface
Mining Control and Reclamation, lands unsuitable petitions, and
rulemaking procedures. Illinois intends to revise its program to be
consistent with SMCRA and to clarify ambiguities.
This document gives the times and locations that the Illinois
program and the proposed 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 p.m., e.s.t., September
14, 2001. If requested, we will hold a public hearing on the amendment
on September 10, 2001. We will accept requests to speak at the hearing
until 4 p.m., e.s.t. on August 30, 2001.
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
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its State program includes, among other things, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of the Act * * *'' and
``rules and regulations consistent with regulations issued by the
Secretary'' pursuant to the Act. 30 U.S.C. 1253(a)(1) and (7). On the
basis of these criteria, the Secretary of the Interior conditionally
approved the Illinois program on June 1, 1982. 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. Description of the Proposed Amendment
By letter dated June 28, 2001 (Administrative Record No. IL-5068),
Illinois sent us an amendment to its program under SMCRA and the
Federal regulations at 30 CFR 732.17(b). The proposed amendment
consists of changes made to the Illinois Surface Coal Mining Land
Conservation and Reclamation Act at 225 ILCS 720. The statutory changes
were enacted through Public Act 90-0490 and became effective on August
17, 1997. Illinois sent the amendment at its own initiative. Below is a
summary of the changes proposed by Illinois.
A. 225 ILCS 720/1.03 Definitions
Public Act 90-0490 amended subsection (a) by adding the following
definition of ``lands eligible for remining'':
(9-a) ``Lands eligible for remining'' means those lands that
would otherwise be eligible for expenditures under the Abandoned
Mined Lands and Water Reclamation Act.
B. 225 ILCS 720/1.04 Advisory Council on Reclamation
1. Public Act 90-0490 revised subsection (a) by adding the language
``or his or her designee'' at the end of the first sentence. The
revised sentence reads as follows:
(a) There is created the Surface Mining Advisory Council to
consist of 9 members, plus the Director or his or her designee.
2. Public Act 90-0490 revised the first sentence of subsection (c)
by adding the language ``Office of Mines and Minerals within the''. The
revised sentence reads as follows:
(c) The Council shall act solely as an advisory body to the
Director and to the Land Reclamation Division of the Office of Mines
and Minerals within the Department.
C. 225 ILCS 720/1.05 Interagency Committee
Public Act 90-0490 amended Section 1.05 by adding a provision that
abolished the Interagency Committee on Surface Mining Control and
Reclamation. The provision reads as follows:
The Interagency Committee on Surface Mining Control and
Reclamation shall be abolished on June 30, 1997. Beginning July 1,
1997, all programmatic functions formerly performed by the
Interagency Committee on Surface Mining Control and Reclamation
shall be performed by the Office of Mines and Minerals within the
Department of Natural Resources, except as otherwise provided by
Section 9.04 of this Act.
D. 225 ILCS 720/2.08 Standards for Approval of Permits and Revisions
Public Act 90-0490 added new subsection (e) concerning lands
eligible for remining. This new subsection reads as follows:
(e) After the effective date of this amendatory Act of 1997, the
prohibition of subsection (d) shall not apply to a permit
application due to any violation resulting from an unanticipated
event or condition at a surface coal mining operation on lands
eligible for remining under a permit held by the person making such
application. As used in this subsection:
(1) ``unanticipated event or condition'' means an event or
condition encountered in a remining operation that was not
[[Page 42814]]
contemplated in the applicable surface coal mining and reclamation
permit; and
(2) ``violation'' has the same meaning as such term has under
subsection (d).
E. 225 ILCS 720/6.07 Forfeiture
Public Act 90-0490 added new subsection (f) concerning lands
eligible for remining. This new subsection reads as follows:
(f) In the event the bond or deposit for a surface coal mining
operation on lands eligible for remining is forfeited, funds
appropriated for expenditure under the Abandoned Mined Lands and
Water Reclamation Act may be used if the amount of the bond or
deposit is not sufficient to provide for adequate reclamation or
abatement.
F. 225 ILCS 720/6.08 Release of Bonds
Public Act 90-0490 added new subsection (i) concerning lands
eligible for remining. This new subsection reads as follows:
(i) Surface coal mining operations on lands eligible for
remining shall not affect the eligibility of those lands for
reclamation and restoration under the Abandoned Mined Lands and
Water Reclamation Act after the release of the bond or deposit for
any such operation under this Section.
G. 225 ILCS 720/7.03 Procedure for Designation
Public Act 90-0490 amended subsection (b) by adding the language
``unless the petition is rejected by the Department as incomplete,
frivolous, or submitted by a person lacking an interest which is or may
be adversely affected by surface coal mining operations'' to the end of
the subsection. The revised subsection reads as follows:
(b) Immediately after a petition under this Section is received,
the Department shall prepare a land report in accordance with
Section 7.04, unless the petition is rejected by the Department as
incomplete, frivolous, or submitted by a person lacking an interest
which is or may be adversely affected by surface coal mining
operations.
H. 225 ILCS 720/7.04 Land Report
Public Act 90-0490 amended the third sentence of subsection (a) to
clarify that each Land Report shall contain a detailed statement on the
potential coal resources of the area by adding the word ``coal''
between the words ``potential'' and ``resources.'' It also amended the
last sentence of subsection (a) by adding a reference to Section 7.03,
procedure for designation.
I. 225 ILCS 720/9.01 Rules
Public Act 90-0490 amended Section 9.01 by deleting existing
subsections (c) through (g) and the first sentence of subsection (h).
The balance of subsection (h) was redesignated as subsection (c) and
subsection (i) was redesignated as subsection (d). Existing subsections
(c) and (d) contain procedures for public notice of and comment on a
rule-making proceeding. Existing subsections (e) through (g) contain
agency procedures for adoption of rules. The first sentence of existing
subsection (h) contains information on when an adopted rule is
effective.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking comments
on whether the proposed 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: If you submit written or electronic comments on
the proposed rule during the 30-day comment period, they should be
specific, should be confined to issues pertinent to the notice, and
should explain the reason for your recommendation(s). We may not be
able to consider or include in the Administrative Record comments
delivered to an address other than the one listed above (see
ADDRESSES).
Electronic Comments: Please submit Internet comments as an ASCII,
WordPerfect, or Word file avoiding the use of special characters and
any form of encryption. Please also include ``Attn: SPATS NO. IL-100-
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.
Availability of Comments: Our practice is to make comments,
including names and home addresses of respondents, available for public
review during regular business hours at OSM's Indianapolis Field Office
(see ADDRESSES). Individual respondents may request that we withhold
their home address from the administrative record, which we will honor
to the extent allowable by law. There also may be circumstances in
which we would withhold from the administrative record a respondent's
identity, as allowable by law. If you wish us to withhold your name
and/or address, you must state this prominently at the beginning of
your comment. However, we will not consider anonymous 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 inspection in their
entirety.
Public Hearing: If you wish to speak at the public hearing, contact
the person listed under FOR FURTHER INFORMATION CONTACT by 4 p.m.,
e.s.t. on August 30, 2001. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak at the public hearing, the hearing will not be
held.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a public hearing
provide us with a written copy of his or her testimony. 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.
If you are disabled and need a special accommodation to attend a
public hearing, contact the person listed under FOR FURTHER INFORMATION
CONTACT.
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 proposed amendment,
you may 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 will also make a written summary of each
meeting a part of the Administrative Record.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
Executive Order 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal
regulations.
Executive Order 13132--Federalism
This rule does not have federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse
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effects of surface coal mining operations.'' Section 503(a)(1) of SMCRA
requires that State laws regulating surface coal mining and reclamation
operations be ``in accordance with'' the requirements of SMCRA, and
section 503(a)(7) requires that State programs contain rules and
regulations ``consistent with'' regulations issued by the Secretary
under SMCRA.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 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 because each 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 proposed 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.
Executive Order 13211--Regulations That Significantly Affect The
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a
decision on a proposed State regulatory program provision does not
constitute a major Federal action within the meaning of section
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C.
4332(2)(C)). A determination has been made that such decisions are
categorically excluded from the NEPA process (516 DM 8.4.A).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by the Office of Management and Budget 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
counterpart 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. Accordingly, this rule will ensure that existing requirements
previously promulgated by OSM will be implemented by the State. In
making the determination as to whether this rule would have a
significant economic impact, the Department relied upon the data and
assumptions for the counterpart Federal regulations.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
a. Does not have an annual effect on the economy of $100 million.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, federal, state, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S. based enterprises to compete with foreign-based enterprises.
This determination is based upon the fact that the State submittal
which is the subject of this rule is based upon counterpart Federal
regulations for which an analysis was prepared and a determination made
that the Federal regulation was not considered a major rule.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 913
Intergovernmental relations, Surface mining, Underground mining.
Dated: July 24, 2001.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 01-20444 Filed 8-14-01; 8:45 am]
BILLING CODE 4310-05-P