Illinois Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[IL-090]

Illinois 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 approving a 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). Illinois proposed to merge the Illinois Department of Mines

and Minerals into the newly created Illinois Department of Natural

Resources. The amendment is intended to improve operational efficiency.

EFFECTIVE DATE: July 11, 1995.

FOR FURTHER INFORMATION CONTACT:

James H. Moncrief, Acting Director, Springfield Field Office, 511 West

Capitol, Suite 202, Springfield, Illinois 62704. Telephone: (217) 492-

4495.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Program

II. Submission of the Proposed 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. 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

conditions of approval and program amendments can be found at 30 CFR

913.15, 913.16, and 913.17.

II. Submission of the Proposed Amendment

By letter dated March 3, 1995 (Administrative Record No. IL-1700),

Illinois submitted a proposed amendment to its program pursuant to

SMCRA at its own initiative. Illinois proposed to merge the Illinois

Department of Mines and Minerals into the new Illinois Department of

Natural Resources by virtue of Executive Order Number 2 (1995) signed

by the Governor of Illinois on March 1, 1995, effective July 1, 1995.

Article V, Section 11 of the Constitution of the State of Illinois

authorizes the Governor to reassign functions or reorganize executive

agencies to simplify the organizational structure of the Executive

Branch, to improve accountability, to increase accessibility, and to

achieve efficiency and effectiveness in operation.

OSM announced receipt of the proposed amendment in the March 27,

1995, Federal Register (60 FR 15726), and in the same document opened

the public comment period and provided an opportunity for a public

hearing on the adequacy of the proposed amendment. The public comment

period closed on April 26, 1995.

III. Director's Findings

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

30 CFR 732.15 and 732.17, are the Director's findings concerning the

proposed amendment.

Revisions not specifically discussed below concern nonsubstantive

wording changes, or revised cross-references and paragraph notations to

reflect organizational changes resulting from this amendment.

A. Part I(C)--Redesignation

At Part I(C) of Executive Order Number 2, Illinois provides that

the Department of Natural Resources will have within it an Office of

Mines and Minerals which will be responsible for the functions

previously vested in the Department of Mines and Minerals and the

Abandoned Mined Lands Reclamation Council.

B. Part II(C)--Transfer of Powers

At Part II(C), Illinois is transferring the Surface-Mined Land

Conservation and Reclamation Act (225 ILCS 715/1 et seq.) and the

Surface Coal Mining Land Conservation and Reclamation Act (225 ILCS

720.1.01 et seq.) from the Department of Mines and Minerals to the

Department of Natural Resources along with the rights, powers, and

duties by law incidental to these Acts.

C. Part III(A-C)--Effect of Transfer

At Part III(A), Illinois is abolishing the Department of Mines and

Minerals. At Part III(B), Illinois is abolishing the office of the

Director of Mines and Minerals. At Part III(C), Illinois is

transferring personnel previously assigned to the Department of Mines

and Minerals to the Department of Natural Resources.

D. Part IV(F)--Savings Clause

At part IV(F), Illinois states that the Executive Order will not

affect the legality of any rules in the Illinois Administrative Code.

It is requiring that the Department of Natural Resources (and other

affected departments) propose and adopt under the Illinois

Administrative Procedure Act those rules necessary to consolidate and

clarify the rules that will be administered by the successor agency.

In its submittal letter dated March 3, 1995 (Administrative Record

No. IL-1700), Illinois stated, ``Under the planned agency

reorganization, the currently approved state regulatory authority over

coal mining and reclamation operations will cease to exist in name

only. The Illinois Department of Mines and Minerals' (IDMM) regulatory

functions, including those mandated by section 503 of SMCRA, 30 U.S.C.

1253, will continue uninterrupted. In short, the upcoming agency

reorganization will not change the IDMM's authority to implement,

administer or enforce the currently approved regulatory program; the

IDMM will simply be known by another name.''

There are no direct Federal counterparts to the revisions contained

in Executive Order Number 2. Because the proposed revisions do not

affect the regulatory authority's implementation of its approved

program, the Director finds the revisions not inconsistent with the

requirements of SMCRA and the Federal regulations.

IV. Summary and Disposition of Comments

Public Comments

The Director solicited public comments and provided an opportunity

for a public hearing on the proposed amendment. No public comments were

received, and because no one requested an opportunity to speak at a

public hearing, no hearing was held.

[[Page 35697]]

Federal Agency Comments

Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited

comments on the proposed amendment from various Federal agencies with

an actual or potential interest in the Illinois program. No comments

were received.

Environmental Protection Agency (EPA)

Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the

written concurrence of the EPA with respect to those provisions of the

proposed 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.).

None of the revisions that Illinois proposed to make in this

amendment pertain to air or water quality standards. However, by letter

dated March 22, 1995 (Administrative Record No. IL-1704), the EPA

concurred without comment.

V. Director's Decision

Based on the above finding(s), the Director approves the proposed

amendment as submitted by Illinois on March 3, 1995.

The Federal regulations at 30 CFR part 913, codifying decisions

concerning the Illinois program, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State program amendment process and to encourage States to

bring their programs into conformity with the Federal standards without

undue delay. Consistency of State and Federal standards is required by

SMCRA.

VI. Procedural Determinations

Executive Order 12866

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

Budget (OMB) under Executive Order 12866 (Regulatory Planning and

Review).

Executive Order 12778

The Department of the Interior has conducted the reviews required

by section 2 of Executive Order 12778 (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 Paper 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

corresponding 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 corresponding Federal regulations.

List of Subjects in 30 CFR Part 913

Intergovernmental relations, Surface mining, Underground mining.

Dated: June 30, 1995.

Ronald C. Recker,

Acting Regional Director, Appalachian Regional Coordinating 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. Section 913.15 is amended by adding paragraph (r) to read as

follows:

Sec. 913.15 Approval of regulatory program amendments.

* * * * *

(r) The following amendment, as submitted to OSM on March 3, 1995,

is approved effective July 11, 1995.

Executive Order Number 2, Sections I(C), II(C), III, IV(F)--

Reorganization

[FR Doc. 95-16887 Filed 7-10-95; 8:45 am]

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