[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Proposed Rules]
[Pages 35073-35076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12463]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 913
[IL-099-FOR]
Illinois Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are 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). The Illinois Department
of Natural Resources, Office of Mines and Minerals (Department or
Illinois) is proposing revisions to and additions of regulations about
definitions, areas designated by Act of Congress, criteria for
designating areas as unsuitable for surface coal mining operations,
requirements for permits and permit processing, coal exploration, and
performance bond release. Illinois also proposes to correct or remove
outdated references in several regulations. Illinois intends to revise
its program to be consistent with the corresponding Federal regulations
and to clarify ambiguities.
This document gives the times and locations that the Illinois
program and 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: We will accept written comments on this amendment until 4:00
p.m., e.s.t., June 17, 2002. If requested, we will hold a public
hearing on the amendment on June 11, 2002. We will accept requests to
speak at a hearing until 4 p.m., e.s.t. on June 3, 2002.
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, this 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 Reclamation and Enforcement, Minton-Capehart Federal
Building, 575 North Pennsylvania Street, Room 301, Indianapolis,
Indiana 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, Illinois 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
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Procedural Determinations
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 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 this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 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 of the Illinois program in the June 1, 1982, Federal
Register (47 FR 23858). You can also find later actions concerning the
Illinois program and program amendments at 30 CFR 913.10, 913.15,
913.16, and 913.17.
II. Description of the Proposed Amendment
By letter dated April 8, 2002 (Administrative Record No. IL-5077),
Illinois sent us an amendment to its program under SMCRA (30 U.S.C.
1201 et seq.). Illinois sent the amendment in response to a letter
dated August 23, 2000 (Administrative Record No. IL-5060), that we sent
to Illinois in accordance with 30 CFR 732.17(c). Illinois also included
some changes at its own initiative. Illinois proposes to amend its
surface coal mining and reclamation regulations at Title 62 of the
Illinois Administrative Code (IAC). Below is a summary of the changes
proposed by Illinois. The full text of the program amendment is
available for you to read at the locations listed above under
ADDRESSES.
A. 62 IAC 1701 Appendix A Definitions
1. Illinois proposes to delete its definition of ``Interagency
Committee.'' Illinois is removing this definition because Illinois
Public Act 90-0490 abolished the Interagency Committee in 1997.
2. Illinois proposes to remove the existing language from its
definition of ``valid existing rights'' and to add a reference to the
new definition of ``valid existing rights'' at 62 IAC 1761.5.
[[Page 35074]]
B. 62 IAC Part 1761 Areas Designated by Act of Congress
1. 62 IAC 1761.5 Definition of Valid Existing Rights
Illinois proposes to add a new definition of valid existing rights.
At 62 IAC 1761.5(a), the definition requires a person claiming valid
existing rights to make a property rights demonstration. The person
must demonstrate that a legally binding conveyance, lease, deed,
contract, or other document vests that person with the right to conduct
surface coal mining operations on lands where mining is normally
prohibited or limited. At 62 IAC 1761.5(b), the definition requires a
person claiming valid existing rights to demonstrate compliance with
either a good faith/all permits standard or a needed for and adjacent
standard for lands where mining is normally prohibited or limited. At
62 IAC 1761.5(c), the definition contains requirements for
demonstrating the right to use or construct a road across the surface
of lands where mining is normally prohibited or limited.
2. 62 IAC 1761.11 Areas Where Mining Is Prohibited or Limited
Illinois proposes to delete existing paragraph (b), which
prohibited surface coal mining on specified Federal lands unless called
for by Acts of Congress. Illinois also proposes to redesignate
paragraphs (a)(1) through (7) as paragraphs (a) through (g), correct
citation references, and simplify its use of numbers.
3. 62 IAC 1761.12 Exceptions to Existing Operations
Illinois proposes to remove its existing procedures section and add
provisions that address exceptions for existing operations from the
prohibitions and limitations of mining on lands where mining is
normally prohibited or limited. It describes which operations qualify
for these exceptions.
4. 62 IAC 1761.14 Procedures for Relocation or Closing of a Public
Road or Waiving the Prohibition on Surface Coal Mining Operations
Within the Buffer Zone of a Public Road
Illinois proposes to add this section to address procedures for
relocating or closing a public road or waiving the prohibition of
mining operations within the buffer zone of a public road.
5. 62 IAC 1761.15 Procedures for Waiving the Prohibition on Surface
Coal Mining Operations within the Buffer Zone of an Occupied Dwelling
Illinois proposes to add this section to address procedures for
waiving the prohibition of mining operations within the buffer zone of
an occupied dwelling.
6. 62 IAC 1761.16 Submission and Processing of Requests for Valid
Existing Rights Determinations
Illinois proposes to add this section to address the submission and
processing of requests for valid existing rights determinations. It
describes the procedures applicants for surface coal mining operation
permits must follow when requesting a valid existing rights
determination. It also describes the evaluation procedures and
decision-making criteria the regulatory authority will follow when
making a valid existing rights determination.
7. 62 IAC 1761.17 Department Obligations at Time of Permit Application
Review
Illinois proposes to add this section to address the actions it
must take upon receipt of an application for a permit for surface coal
mining operations. It requires the Department to review the application
to determine whether the proposed surface coal mining operation would
be located on any lands protected under 62 IAC 1761.11. It includes
procedures that the Department must follow when it determines that a
proposed surface coal mining operation will adversely affect a publicly
owned park or a place listed on the National Register of Historic
Places.
C. 62 IAC Part 1762 Criteria for Designating Areas As Unsuitable for
Surface Coal Mining Operations
Illinois proposes to redesignate existing section 1762.14 as new
section 1762.15 without any changes. Illinois proposes to add the
following provision at new section 1762.14:
If the Department determines that the proposed surface coal
mining operation is not prohibited under Section 7.01 of the State
Act and this Part, it may nevertheless, pursuant to appropriate
petitions, designate such lands as unsuitable for all or certain
types of surface coal mining operations pursuant to 62 Ill. Adm.
Code 1762 or 1764.
D. 62 IAC 1772.12 Permit Requirements for Exploration Removing More
Than 250 Tons of Coal
1. Illinois proposes to add a new provision at section
1772.12(b)(14) for coal exploration on lands where mining is prohibited
or limited under 62 IAC 1761.11. It requires a demonstration that the
proposed exploration activities have been designed to minimize
interference with the activities for which the areas were designated
unsuitable for mining.
2. Illinois proposes to add a new provision at section
1772.12(d)(2)(D) to address a finding the Department must make in
approving coal exploration on lands where mining is prohibited or
limited under 62 IAC 1761.11. The Department must find that the
applicant has demonstrated that the exploration and reclamation
activities will minimize interference, to the extent technologically
and economically feasible, with the values for which the lands were
designated as unsuitable for surface coal mining operations. The
Department must provide for comment by the landowner or agency with
jurisdiction over the protected feature.
E. 62 IAC 1800.40 Requirement To Release Performance Bonds
Illinois proposes to revise section 1800.40(b)(2) to allow the
Department, when no public hearing is held, to make its final
administrative decision to release or not to release all or part of the
performance bond either 60 days after filing or 5 days after the close
of the comment period, whichever is later.
F. Miscellaneous Revisions
Illinois proposes to correct citation references and simplify its
use of numbers in 62 IAC 1773.13(a)(1)(E), 1773.15(c)(3)(B),
1778.15(e), 1778.16(c), 1780.31(a)(2), 1780.33, 1784.17(a)(2), 1784.18,
1816.116(a)(2)(C), and 1847.9(a).
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
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 State program.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your written comments should be specific, pertain only to
the issues proposed in this rulemaking, and include explanations in
support of your recommendations. We will not consider or respond to
your comments when developing the final rule if they are received after
the close of the comment period (see DATES). We will make every attempt
to log all comments into the administrative record, but comments
delivered to an address other than the Indianapolis Field Office may
not be logged in.
[[Page 35075]]
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: [IL-099-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
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.
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 June
3, 2002. If you are disabled and need special accommodations to attend
a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be 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 everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please 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 make a
written summary of each meeting a part of the administrative record.
IV. Procedural Determinations
Executive Order 12630--Takings
In this rule, the State is proposing valid existing rights
standards that are similar to the standards in the Federal definition
at 30 CFR 761.5. Therefore, this rule has the same takings implications
as the Federal valid existing rights rule. The takings implications
assessment for the Federal valid existing rights rule appears in Part
XXIX.E of the preamble to that rule. See 64 FR 70766, 70822-27,
December 17, 1999.
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 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 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
the Federal regulations at 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 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 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. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
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
This rule does not require an environmental impact statement
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that
agency decisions on proposed 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 certifies 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. 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.
[[Page 35076]]
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 governmental agencies or
geographic regions; and (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 an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. 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 did not impose an
unfunded mandate.
List of Subjects in 30 CFR Part 913
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 12, 2002.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 02-12463 Filed 5-16-02; 8:45 am]
BILLING CODE 4310-05-P