Full Text of HR0270 97th General Assembly
HR0270 97TH GENERAL ASSEMBLY |
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| 1 | | HOUSE RESOLUTION
| 2 | | WHEREAS, The Department of the Interior's Office of Surface | 3 | | Mining, Reclamation, and Enforcement (OSMRE) is considering | 4 | | new sweeping regulations that would cut surface mining | 5 | | production and jobs by 21-30%, cut underground coal mining jobs | 6 | | up to 50%, and risk eliminating over 66,000 direct and indirect | 7 | | jobs nationwide; and
| 8 | | WHEREAS, Beginning in 2003, OSMRE conducted a 5-year | 9 | | process, including public hearings, the submission of | 10 | | thousands of public comments, and preparation of an | 11 | | environmental impact statement, that culminated in final | 12 | | regulations adding significant new environmental protections | 13 | | regarding the placement of excess spoil and clarifying its | 14 | | regulations relating to stream buffer zones pursuant to the | 15 | | Surface Mining Control and Reclamation Act (SMCRA); and
| 16 | | WHEREAS, The Secretary of the Interior attempted to avoid a | 17 | | public rulemaking process by asking a court to vacate the 2008 | 18 | | OSMRE stream buffer zone rule without public comment as | 19 | | required under the Administrative Procedure Act, but was | 20 | | rebuked by a federal court which ruled that the Secretary may | 21 | | not repeal the stream buffer zone rule without going through a | 22 | | rulemaking process that includes public notice and comment; and
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| 1 | | WHEREAS, OSMRE, in its own words, admitted that before any | 2 | | public comments were even received on its proposals, it had | 3 | | "already decided to change the (stream buffer zone) rule | 4 | | following the change in administrations on January 20, 2009"; | 5 | | the Office is calling the new rule the "stream protection | 6 | | rule", and it is much broader in scope than the 2008 stream | 7 | | buffer zone rule; and
| 8 | | WHEREAS, OSMRE has failed to justify why a new stream | 9 | | protection rule is necessary or to explain the problem that the | 10 | | Office is attempting to fix, and such concerns have been echoed | 11 | | by the Interstate Mining Compact Commission, an organization | 12 | | representing state mining regulators with substantial | 13 | | expertise in SMCRA regulation; and
| 14 | | WHEREAS, OSMRE is inappropriately rushing to complete the | 15 | | rulemaking because of a unilateral settlement agreement with | 16 | | environmental groups, and is committing such flagrant | 17 | | violations of the required National Environmental Policy Act | 18 | | process that 8 of the state cooperating agencies have written | 19 | | to the Office objecting to its quality, completeness and | 20 | | accuracy, as well as calling the document "nonsensical and | 21 | | difficult to follow", and ultimately threatening to pull out of | 22 | | the process; and
| 23 | | WHEREAS, The coal mining industry is critical to the |
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| 1 | | economic and social well being of the citizens of Illinois, | 2 | | accounting for over 3,500 direct workers and another 24,500 | 3 | | indirect jobs that have an impact of over $1 billion on the | 4 | | State's economy; therefore, be it
| 5 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 6 | | NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that | 7 | | we express serious concern about the scope, justification, and | 8 | | substance of the OSMRE's stream protection rule, as well as | 9 | | about the procedure and process that have been used to adopt | 10 | | that rule; and be it further
| 11 | | RESOLVED, That we call upon OSMRE to immediately suspend | 12 | | work on the environmental impact statement and the stream | 13 | | protection rule until such time as the Office: | 14 | | (1) clearly and publicly articulates why the 2008 | 15 | | regulation has not been implemented and provides specific | 16 | | details regarding each of its provisions and why the Office | 17 | | believes that they are insufficient; | 18 | | (2) provides scientific data and other objective | 19 | | information to justify each and every provision of the new | 20 | | proposal; | 21 | | (3) explains why the Office is contradicting its own | 22 | | annual state inspection reports which indicate good | 23 | | environmental performance and refute the need for this new | 24 | | rule; |
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| 1 | | (4) justifies why a more limited approach would not | 2 | | achieve the objectives of the Office; and | 3 | | (5) surveys all of the state regulatory authorities to | 4 | | determine whether they agree that such significant | 5 | | regulatory changes are necessary; and be it further | 6 | | RESOLVED, That we also urge Congress to oppose this | 7 | | unwarranted effort by the present Presidential Administration | 8 | | by withholding any further funding for OSMRE for the stream | 9 | | protection rule and environmental impact statement until such | 10 | | time as the Office justifies the need for new rules; and be it | 11 | | further
| 12 | | RESOLVED, That suitable copies of this resolution be sent | 13 | | to President Barack Obama, the President pro tempore of the | 14 | | United States Senate, the Speaker of the United States House of | 15 | | Representatives, the Secretary of the Department of the | 16 | | Interior, and each member of the Illinois congressional | 17 | | delegation.
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