Illinois Permanent Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

Illinois Permanent Regulatory Program

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

Interior.

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is announcing the approval of a proposed amendment, with

one condition, to the Illinois permanent regulatory program

(hereinafter referred to as the Illinois program) under the Surface

Mining Control and Reclamation Act of 1977 (SMCRA). The proposed

amendment was initiated by Illinois to revise the Illinois program to

address statutory changes to the Surface Coal Mining Land Conservation

and Reclamation Act (State Act). The amendment is intended to make the

requirements of the Illinois program no less effective than the Federal

program.

EFFECTIVE DATE: February 2, 1994.

FOR FURTHER INFORMATION CONTACT:

Mr. James F. Fulton, Director, Springfield Field Office, Office of

Surface Mining Reclamation and Enforcement, 511 West Capitol Avenue,

suite 202, Springfield, Illinois 62704, Telephone: (217) 492-4495.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Program

II. Submission of 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. Information pertinent to the general

background of the Illinois submission, as well as the Secretary's

findings, the disposition of comments, and a detailed explanation of

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 are identified at 30 CFR 913.15,

913.16, and 913.17.

II. Submission of Amendment

Pursuant to 30 CFR 732.17(b)(3), the Illinois regulatory authority

notified OSM by letter dated August 17, 1993 (Administrative Record No.

IL-1500), of a proposed amendment to the Illinois program to

incorporate statutory changes to the State Act at 225 ILCS 720/2.11 and

6.01. The statutory changes were enacted through Public Act 88-63 (HB

2183) and Public Act 88-185 (SB 632) and signed into law on July 7,

1993, and August 4, 1993, respectively.

By letter dated November 22, 1993, in response to an issue letter

prepared by OSM on November 5, 1993, Illinois clarified certain

provisions of the proposed amendment (Administrative Record No. IL-

1516).

OSM announced receipt of the proposed amendment in the September 8,

1993, Federal Register (58 FR 47237) and in the same notice, opened the

public comment period and provided opportunity for a public hearing on

the adequacy of the proposed amendment. The comment period closed on

October 8, 1993.

III. Director's Findings

Set forth below, pursuant to SMCRA and the Federal regulations at

30 CFR 732.17, are the Director's findings concerning the proposed

amendment to the Illinois program submitted on August 17, 1993.

Revisions not addressed below involve nonsubstantive working changes.

1. 225 ILCS 720/2.11--Procedures for Approval

(a) Illinois is proposing to make minor, non-substantive language

changes at sections 2.11(a), (b), (c), and (g) to clarify the

provisions of these sections. The Director finds that the proposed

revisions are in accordance with section 514 of SMCRA.

(b) At section 2.11(c), Illinois is also proposing to prohibit any

party to a formal adjudicatory hearing under this subsection from

seeking judicial review of the Department's final decision on the

permit application until after the issuance of the hearing officer's

written decision granting or denying the permit. Additionally, notices

of permit decision hearings must be published seven to fourteen days

before the hearing and comply with certain size and placement

requirements.

In a letter to OSM dated November 22, 1993 (Administrative Record

No. IL-1516), Illinois clarified that: (a) A permit applicant must seek

administrative review prior to seeking judicial review under the

provisions of section 2.11(f); (b) the provisions in section 2.11(c)

pertaining to exhaustion of administrative remedies would not apply to

the hearing officer's final written decision for temporary relief under

section 2.11(e); and (c) if the hearing officer fails to act within

prescribed time frames, judicial review of his failure to act is

required per the implementing provisions of 62 Ill. Admin. Code

1847.3(1)(2).

Although section 514(f) of SMCRA does not contain the provision

proposed at section 2.11(c) pertaining to judicial review, the Federal

regulations at 30 CFR 775.13(a)(2) provide for judicial review if a

hearing or regulatory authority fails to render a decision within the

specified time limits. The Director finds that the proposed revision

when read in conjunction with 62 Illinois Administrative Code

1847.3(1)(2) is consistent with the Federal regulations at 30 CFR

775.13(a)(2).

Section 514(c) of SMCRA does not contain the provision proposed at

section 2.11(c) pertaining to notices of permit decision hearings.

However, the Director finds the proposed revision in accordance with

the requirements of section 514(c) of SMCRA.

2. 225ILCS 720/6.01--Requirement of a Bond

Illinois is proposing to add a provision at section 6.01(b) to

permit the Department to accept the bond of the applicant, without

separate surety, when the applicant demonstrates to the Department's

satisfaction the existence of a suitable agent to receive service of

process, a history of financial solvency and continuous operation, and

a current financial soundness sufficient for authorization to self-

insure or bond the required amount.

The Director finds that the new section 6.01(b) is not less

stringent than the provisions of section 509(c) of SMCRA to the extent

that states are provided with the authority to establish self-bonding

systems. However, prior to implementation of this statutory amendment,

the Director is requiring that Illinois submit and receive the approval

by OSM of supporting regulations to implement the self-bonding

provisions of the statute.

IV. Summary and Disposition of Comments

Public Comments

The public comment period and opportunity to request a public

hearing announced in the September 8, 1993, Federal Register (58 FR

47237) ended on October 8, 1993. No comments were received and the

scheduled public hearing was not held since no one requested an

opportunity to provide testimony.

Agency Comments

Pursuant to section 503(b) of SMCRA and the implementing

regulations at 30 CFR 732.17(h)(11)(i), comments were solicited from

various Federal agencies with an actual or potential interest in the

Illinois program. None were received.

EPA Concurrence

Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain

the written concurrence of the Administrator of the Environmental

Protection Agency (EPA) with respect to any provisions of a State

program amendment that relate to air or water quality standards

promulgated 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.). Although the

Director has determined that this amendment contains no provisions in

these categories, the EPA concurred with the proposed amendment.

V. Director's Decision

Based on the above findings, the Director is approving the

amendment to the Illinois regulatory program submitted on August 17,

1993, with one condition specified in Finding 2.

The Federal rules at 30 CFR part 913 concerning the Illinois

program are being amended to implement the Director's decision. This

final rule is being made effective immediately to expedite the State

program amendment process and to encourage States to conform their

programs to the Federal standards without delay. Consistency of State

and Federal standards is required by SMCRA.

Effect of the Director's Decision

Section 503 of SMCRA provides that a State may not exercise

jurisdiction under SMCRA unless the State program is approved by the

Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of

an approved State program be submitted to OSM for review as a program

amendment. Thus, any changes to the State program are not enforceable

until approved by OSM. The Federal regulations at 30 CFR 732.17(g)

prohibit any unilateral changes to approved State programs. In his

oversight of the Illinois program, the Director will recognize only the

statutes, regulations and other materials approved by him, together

with any consistent implementing policies, directives and other

materials, and will require the enforcement by Illinois of such

provisions.

VI. Procedural Determinations

Executive Order 12866

This final rule is exempted from review by the Office of Management

and Budget under Executive Order 12866.

Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 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 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. Hence, 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.

List of Subjects in 30 CFR Part 913

Intergovernmental relations, Surface mining, Underground mining.

Dated: January 26, 1994.

Carl C. Close,

Assistant Director, Eastern Support Center.

For the reasons set out in the preamble, title 30, chapter VII,

subchapter T of the Code of Federal Regulations 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. In section 913.15, a new paragraph (p) is added to read as

follows:

Sec. 913.15 Approval of regulatory program amendments.

* * * * *

(p) The following amendment, as submitted to OSM on August 17,

1993, is approved effective February 2, 1994. The amendment consists of

the following modifications to the Illinois program:

1. Revisions of the following statutes of the Illinois Surface Coal

Mining Land Conservation and Reclamation Act:

225 ILCS 720 Section 2.11 (a), (b), (c), (g)--Procedures for Approval

225 ILCS 720 Section 6.01(b)--Requirement of a Bond

2. In section 913.16, a new paragraph (v) is added to read as

follows:

Sec. 913.16 Required program amendments.

* * * * *

(v) Prior to implementing the self-bonding statute at 225 ILCS 720/

6.01(b), Illinois shall submit and receive approval by OSM of

implementing regulations for the self-bonding provisions.

[FR Doc. 94-2337 Filed 2-1-94; 8:45 am]

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