[Federal Register Volume 62, Number 246 (Tuesday, December 23, 1997)]
[Proposed Rules]
[Pages 67014-67016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33430]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[SPATS No. IL 089-FOR]


Illinois Regulatory Program Amendment

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

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

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SUMMARY: OSM is announcing receipt of a request and additional 
explanatory information for its reconsideration of two regulations 
disapproved in a previously proposed amendment to the Illinois 
regulatory program (hereinafter referred to as the ``Illinois 
program'') under the Surface Mining Control and Reclamation Act of 1977 
(SMCRA). The disapproved regulations concern the determination of 
revegetation success for non-contiguous surface disturbance areas less 
than or equal to four acres. The additional explanatory information is 
intended to clarify the regulations by specifying procedures and 
evaluation criteria that would be used in the implementation of the 
regulations.

DATES: Written comments must be received by 4:00 p.m., e.s.t., January 
7, 1998.

ADDRESSES: Written comments should be mailed or hand delivered to 
Andrew R. Gilmore, Director, Indianapolis Field Office at the address 
listed below.
    Copies of the Illinois program, the proposed amendment, the 
additional explanatory information, and all written comments received 
in response to this document will be available for public review at the 
at the addresses listed below during normal business hours, Monday 
through Friday, excluding holidays. Each requester may receive one free 
copy of the proposed 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, 46204-1521, Telephone: (317) 226-6700. Illinois Department of 
Natural Resources, Office of Mines and Minerals, 524 South Second 
Street, Springfield, Illinois, 62701-1787, Telephone: (217) 782-4970.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office, Telephone: (317) 226-6700.

SUPPLEMENTARY INFORMATION:

I.  Background on the Illinois Program
II.  Discussion of the Proposed Amendment
III.  Public Comment Procedures
IV.  Procedural Determinations

I. Background on the Illinois Program

    On June 1, 1982, the Secretary of the Interior conditionally 
approved the Illinois program. Background information on the Illinois 
program, including the Secretary's findings, the disposition of 
comments, and the conditions of approval can be found in the June 1, 
1982, Federal Register (47 FR 23883). Subsequent actions concerning the 
conditions of approval and program amendments can be found at 30 CFR 
913.15, 913.16, and 913.17.
    By letter dated February 3, 1995 (Administrative Record No. IL-
1615), Illinois submitted a proposed amendment to its program pursuant 
to SMCRA. Illinois submitted the proposed amendment in response to an 
August 5, 1993, letter (Administrative Record No. IL-1400) that OSM 
sent to Illinois in accordance with 30 CFR 732.17(c), in response to 
required program amendments at 30 CFR 913.16 and at its own initiative. 
OSM announced receipt of the proposed amendment in the February 27, 
1995, Federal Register (60 FR 19522), and invited public comment on its 
adequacy. The public comment period ended March 29, 1995. A public 
hearing was requested, and it was held on March 24, 1995, as scheduled. 
OSM identified concerns relating to the proposed amendment, and 
notified Illinois of these concerns by letters dated April 28 and 
August 3, 1995 (Administrative Record Nos. IL-1649 and IL-1660, 
respectively). By letter

[[Page 67015]]

dated November 1, 1995 (Administrative Record No. IL-1663), Illinois 
responded to OSM's concerns by submitting additional explanatory 
information and revisions to its proposed amendment. OSM reopened the 
public comment period in the December 5, 1995, Federal Register (60 FR 
62229). The public comment period closed on January 4, 1996. OSM 
approved the proposed amendment with certain exceptions and additional 
requirements on May 29, 1996 (61 FR 26801).

II. Discussion of the Proposed Amendment

    By letter dated August 5, 1997 (Administrative Record No. IL-1670), 
Illinois requested that OSM reconsider its May 29, 1996, disapproval of 
the following regulatory language at 62 IAC 1816.116(a)(3)(F) and 
1817.116(a)(3)(F).

    Non-contiguous areas less than or equal to four acres which were 
disturbed from activities such as, but not limited to, signs, 
boreholes, power poles, stockpiles and substations shall be 
considered successfully revegetated if the operator can demonstrate 
that the soil disturbance was minor, i.e., the majority of the 
subsoil remains in place, the soil has been returned to its original 
capability and the area is supporting its approved post-mining land 
use at the end of the responsibility period.

    In its letter of August 5, 1997, Illinois provided explanatory 
information to clarify the regulatory language by specifying the 
procedures and evaluation criteria that would be used in the 
implementation of the regulations. By letters dated September 26 and 
November 3, 1997 (Administrative Record Nos. IL-1671 and IL-1672), 
Illinois provided additional explanatory information. Following is a 
summary of these procedures and evaluation criteria:
    1. Illinois proposed to interpret the regulatory language of 62 IAC 
1816.116(a)(3)(F) and 1817.117(a)(3)(F) as follows:

    Non-contiguous, surface disturbance areas, with an approved land 
use of cropland or pasture/hayland, less than or equal to four acres 
which have:
    1. Minor soil disturbances from activities such as signs, 
boreholes, power poles, stockpiles and substations;
    2. The majority of the subsoil remains in place; and
    3. Were not affected by coal or toxic material handling, may use 
the following procedures for determination of revegetation success, 
in lieu of Section (a)(4).
    (i) The operator must document the required three criteria of 
(F) above have been met.
    (ii) The affected area is successfully supporting its approved 
post mining land use when compared to the similar, adjacent 
unaffected areas at the end of the responsibility period.
    The Department will evaluate areas requested by the operator, 
using qualified individuals, and determine them successfully 
revegetated, if it finds subsection (i) and (ii) have been met.

    2. Illinois would differentiate the minor disturbances into three 
main types: (1) Areas where topsoil was left in place, usually less 
than .25 areas, (2) areas where topsoil was removed and stockpiled and 
the subsoil was left in place, usually less than one acre, and (3) 
areas where the topsoil was removed and stockpiled and portions of the 
area were excavated for foundations or for shaft construction, usually 
four acres or less.
    3. Illinois would ensure all non-toxic contaminants are either 
prevented from mixing with the subsoil or are adequately removed 
without significant loss of the in-place subsoil.
    4. Illinois would require at a minimum the area to be tilled with 
an agricultural subsoiler, preferably before topsoil replacement. In 
the event of poor crop performance on areas being evaluated, Illinois 
will require tillage to greater depths as deemed appropriate, based on 
timing, soil handling techniques, and equipment used for reclamation.
    5. Illinois would assess the success of the area by the 
determination the area is supporting is postmining use and there were 
no observable differences between these areas and adjacent unaffected 
areas. All determinations of the success of these small areas would be 
done by qualified individuals experienced in the field of agronomy and 
soils. The evaluation of the crop would be done near the time of the 
harvest of the crop grown. The observation would be done for a minimum 
of two years of the responsibility period, excluding the first year. No 
phase III bonds would be released before the fifth year of the 
responsibility period.

III. Public Comment Procedures

    OSM is reopening the comment period on the proposed Illinois 
program amendment to provide the public an opportunity to reconsider 
the adequacy of the proposed amendment in light of the additional 
materials submitted. In accordance with the provisions of 30 CFR 
732.17(h), OSM is seeking comments on whether the proposed amendment 
satisfies the applicable program approval criteria of 30 CFR 732.15. If 
the amendment is deemed adequate, it will become part of the Illinois 
program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under DATES or at locations other than the Indianapolis Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

IV. Procedural Determinations

Executive Order 12866

    This proposed rule is exempted from review by the Office of 
Management and Budget (OMB) 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 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.

National Environmental Policy Act

    No environmental impact statement is required for this rule since 
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.)

[[Page 67016]]

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.

Unfunded Mandates

    OSM has determined and certifies pursuant to 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 12, 1997.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-33430 Filed 12-22-97; 8:45 am]
BILLING CODE 4310-05-M