Illinois Abandoned Mine Land Reclamation Plan

DEPARTMENT OF THE INTERIOR

30 CFR Part 913

[IL-091]

Illinois Abandoned Mine Land Reclamation Plan

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

abandoned mine land reclamation plane (hereinafter referred to as the

``Illinois plan'') under the Surface Mining Control and Reclamation Act

of 1977 (SMCRA). Illinois proposed to merge the Abandoned Mined Lands

Reclamation Council (Council) into the newly created Department of

Natural Resources, Office of Mines and Minerals. The amendment is

intended to improve operational efficiency and provide formal

notification of this pending reorganization.

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 Plan

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 Plan

On June 1, 1982, the Secretary of the Interior approved the

Illinois plan. Background information on the Illinois plan, including

the Secretary's findings, the disposition of comments, and the approval

of the plan can be found in the June 1, 1982, Federal Register (47 FR

23886). Subsequent actions concerning the conditions of approval and

amendments to the plan can be found at 30 CFR 913.25.

[[Page 35698]]

II. Submission of the Proposed Amendment

By letter dated April 10, 1995 (Administrative Record No. IL-800-

AML), Illinois submitted a proposed amendment to its plan pursuant to

SMCRA at its own initiative. In accordance with 30 CFR 884.15, Illinois

notified OSM that effective July 1, 1995, by virtue of Executive Order

Number 2 (1995) signed by the Governor of Illinois on March 1, 1995,

the authority and administrative responsibility for the Illinois plan

will be transferred from the Council to the Illinois Department of

Natural Resources, Office of Mines and Minerals, Abandoned Mined Lands

Reclamation Division.

OSM announced receipt of the proposed amendment in the April 20,

1995, Federal Register (60 FR 19697) 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 May 22, 1995.

III. Director's Findings

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

30 CFR 884.14 and 884.15, 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 Council and such other related functions and

responsibilities as may be appropriate.

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

At Part II(D), Illinois is transferring the Abandoned Mined Lands

and Water Reclamation Act (20 ILCS et seq.), section 6a-1-a of the

Illinois Purchasing Act (30 ILCS 505/6a-1-a), section 21(r)(2) of the

Environmental Protection Act (415 ILCS 5/21(r)(2)), section 2 of the

Surface Coal Mining Fee Act (20 ILCS 1915/2), section 1-3 of the Build

Illinois Act (30 ILCS 750/1-3), and section 67.35 of the Civil

Administrative Code (20 ILCS 405/67.35) from the Council to the

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

duties incidental to these Acts.

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

At Part III(A), Illinois is abolishing the Council. At Part III(C),

Illinois is transferring personnel previously assigned to the Council

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

that are in force on the effective date of the Order that have been

duly adopted. It is requiring that the Department of Natural Resources

(and other affected departments) propose and adopt under the Illinois

Administrative Procedures Act those rules necessary to consolidate and

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

In its submittal letter dated April 10, 1995 (Administrative Record

No. IL-800-AML), Illinois stated, ``the new Department of Natural

Resources will have full authority under State law to conduct the

abandoned mined lands reclamation program in accordance with the

requirements of Title IV of the Federal Act.''

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.

Federal Agency Comments

Pursuant to 884.14(a)(2) and 884.15(a), the Director solicited

comments on the proposed amendment from various other Federal agencies

with an actual or potential interest in the Illinois plan. No comments

were received.

Environmental Protection Agency (EPA)

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

solicit the written concurrence of the Administrator of the EPA with

respect to those provisions of the proposed plan amendment which relate

to air or water quality standards promulgated under the authority of

the Clean Air Act (42 U.S.C. 7401 et seq.) or the Clean Water Act (33

U.S.C. 1252 et seq.). None of the revisions that Illinois proposed to

make in its amendment pertain to air or water quality standards.

Therefore, OSM did not request EPA's concurrence.

V. Director's Decision

Based on the above findings, the Director approves the proposed

plan amendment as submitted by Illinois on April 10, 1995.

The Federal regulations at 30 CFR part 913, codifying decisions

concerning the Illinois plan, are being amended to implement this

decision. This final rule is being made effective immediately to

expedite the State plan amendment process and to encourage States to

bring their plans 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 and Tribal abandoned mine land reclamation plans and revisions

thereof since each plan is drafted and promulgated by a specified State

or Tribal, not by OSM. Decisions on proposed abandoned mine land

reclamation plans and revisions thereof submitted by a State or Tribe

are based on a determination of whether the submittal meets the

requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR

parts 884 and 888.

National Environmental Policy Act

No environmental impact statement is required for this rule since

agency decisions on proposed State and Tribal abandoned mine land

reclamation plans and revisions thereof are categorically excluded from

compliance with the National Environmental Policy Act (42 U.S.C. 4332)

by the Manual of the Department of the Interior (516 DM 6, appendix 8,

paragraph 8.4B(29)).

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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 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 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. In making the

determination as to whether this rule would have a significant economic

impact, the Department relied upon the data and assumptions in the

analyses 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. et seq.

2. Section 913.25 is amended by adding paragraph (f) to read as

follows:

Sec. 913.25 Approval of Abandoned Mine Land Reclamation Plan

Amendments.

* * * * *

(f) The Illinois Abandoned Mine Land Reclamation Plan, as submitted

on April 10, 1995 is approved effective July 11, 1995.

[FR Doc. 95-16888 Filed 7-10-95; 8:45 am]

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