Illinois Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 913

[IL-089]

Illinois Regulatory Program

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

Interior.

ACTION: Proposed rule; public comment period and opportunity for public

hearing.

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SUMMARY: OSM is announcing receipt of 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). The proposed amendment consists of revisions to 23 parts of

Title 62 of the Illinois Administrative Code (IAC) pertaining to permit

fees, definitions, coal exploration, permitting, environmental

resources, reclamation plans, special categories of mining, small

operator assistance, bonding, performance standards, inspection,

enforcement, civil penalties, administrative and judicial review, and

certification of blasters. The amendment is intended to revise the

Illinois program to be consistent with the corresponding Federal

regulations, incorporate the additional flexibility afforded by the

recently revised Federal regulations, provide additional safeguards,

clarify ambiguities, and improve operational efficiency.

DATES: Written comments must be received by 4:00 p.m., [C.S.T.], March

29, 1995. If requested, a public hearing on the proposed amendment will

be held on March 24, 1995. Requests to speak at the hearing must be

received by 4:00 p.m., [C.S.T.], on March 14, 1995.

ADDRESSES: Written comments and requests to speak at the hearing should

be mailed or hand delivered to Mr. [[Page 10523]] James F. Fulton,

Director, Springfield Field Office, at the address listed below.

Copies of the Illinois program, the proposed amendment, a listing

of any scheduled public hearings, and all written comments received in

response to this document will be available for public review 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 Springfield Field Office.

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

Mining Reclamation and Enforcement, 511 West Capitol, Suite 202,

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

Illinois Department of Mines and Minerals, 300 West Jefferson Street,

Suite 300, Springfield, Illinois 62791, Telephone: (217) 782-4970

FOR FURTHER INFORMATION CONTACT:

James F. Fulton, Director, Springfield Filed Office, Telephone: (217)

492-4495.

SUPPLEMENTARY INFORMATION:

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.

II. Description of the Proposed Amendment

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(s), (t), and (u), and at

its own initiative. The provisions of the 23 parts of Title 62 of the

IAC that Illinois proposes to amend are discussed below.

A. 62 IAC 1700--General

Illinois proposes the following revisions to Illinois Secs. 1700.11

and 1700.16.

1. Section 1700.11--Applicability

Illinois is adding new subsections (f)(1) and (f)(2) pertaining to

termination of jurisdiction under the regulatory program over the

reclaimed site of a completed surface coal mining and reclamation

operation. These amendments mirror Federal regulations at 30 CFR

1700.11 (d)(1) and (d)(2). Subsection (f)(1) specifies under what

circumstances the Department may terminate its jurisdiction under the

initial program and the permanent program. Subsection (f)(2) specifies

under what circumstances the Department shall reassert jurisdiction

under the regulatory program. Statutory and regulatory citations were

proposed to be updated through the section.

2. Section 1700.16--Fees and Forfeitures

Illinois is amending subsection (a) by requiring that fees

collected under the provision of the Surface Coal Mining Land

Conservation and Reclamation Act (State Act) be deposited in the Coal

Mining Regulatory Fund, rather than the general revenue fund. This

proposed amendment reflects recent statutory changes to the State Act

at 225 ILCS 720/9.07.

B. 62 IAC 1701. Appendix A--Definitions

Illinois proposes adding definitions for Applicant Violator System,

Federal violation notice, land eligible for remining, ownership or

control link, State violation notice, and wetland. It is also revising

the definitions for historic lands, substantially disturb, and

violation notice.

``Applicant Violator System or AVS'' means the computer system

maintained by OSM to identify ownership or control links involving

permit applicants, permittees, and persons cited in violation notices.

``Federal violation notice'' means a violation notice issued by OSM

or by another agency or instrumentality of the United States.

A reference to Illinois' regulations at 62 IAC 1762 and 1764 was

added to the ``Historic lands'' definition.

``Land eligible for remining'' means those lands that would

otherwise be eligible for expenditures for section 402(g)(4) or section

404 of the Surface Mining Control and Reclamation Act of 1977 (30

U.S.C. 1232(g)(4), 1234).

``Ownership or control link'' means any relationship included in

the definition of owned or controlled or owns or controls at 62 IAC

1773.5(a) and (b) or in the violations review provisions of 62 IAC

1773.15(b). It includes any relationship presumed to constitute

ownership or control under the definition of ``owned or controlled'' or

``owns or controls'' unless such presumption has been successfully

rebutted under the provisions of 62 IAC 1773.24 and 1773.25.

``State violation notice'' means a violation notice issued by a

State regulatory authority or by another agency or instrumentality of

State government.

The definition of substantially disturb, for purposes of coal

exploration, is revised to exclude impact to air by blasting.

``Violation notice'' means any written notification from a

governmental entity, whether by letter, memorandum, judicial or

administrative pleading, or other written communication, of violation

of the Act; any Federal regulation promulgated pursuant thereto: a

State program; or any Federal or State law or regulation pertaining to

air or water environmental protection in connection with a surface coal

mining operation. It includes, but is not limited to, a notice of

violation; an imminent harm cessation order; a failure-to-abate

cessation order; a final order, bill or demand letter pertaining to a

delinquent civil penalty; a bill or demand letter pertaining to

delinquent abandoned mine reclamation fees; and a notice of bond

forfeiture, where one or more violations upon which the forfeiture was

based have not been corrected.

``Wetland'' means land that has a predominance of hydric soils

(soils which are usually wet and where there is little or no free

oxygen) and that is inundated or saturated by surface or groundwater at

a frequency and duration sufficient to support, and that under normal

circumstances does support, a prevalence of hydrophytic vegetation

(plants typically found in wet habitats) typically adapted for life in

saturated soil conditions. Areas which are restored or created as the

result of mitigation or planned construction projects and which

function as a wetland are included within this definition even when all

three wetland parameters are not present.

C. 62 IAC 1761.11--Areas Where Mining is Prohibited or Limited

At subsection (d)(2), Illinois is proposing to delete the phrase

``including surface areas by planned subsidence.''

D. 62 IAC 1772--Requirements for Coal Exploration

Illinois is proposing to revise the following sections of part

1772. [[Page 10524]]

1. Section 1772.11--Notice of Requirements for Exploration Removing 250

Tons of Coal or Less

Subsection (b)(5) is proposed to be amended in order to clarify

that the referenced forms are required to be submitted with a coal

exploration notice only if such forms are required by the Department's

Oil and Gas Division.

2. Section 1772.12--Permit Requirements for Exploration Removing More

than 250 Tons of Coal

Subsection (d)(2) is proposed to be amended by replacing the word

``operation'' with the word ``permit.''

Subsection (d)(2)(C) is proposed to be amended by replacing the

reference ``agency with jurisdiction over State Historic Preservation''

with ``Illinois Historic Preservation Agency.''

E. 62 IAC 1773--Requirements for Permits and Permit Processing

Illinois is proposing to revise or add the following sections of

part 1773, with the exception of section 1773.15(a)(1), consistent with

changes made to the Federal regulations at 30 CFR 773 on October 28,

1994 (59 FR 54306).

1. Section 1773.15--Review of Permit Applications

Illinois is proposing to revise subsection (a)(1) by removing

reference to its informal conference at Sec. 1773.13(c) and adding a

reference to its public hearing at Sec. 1773.14.

Illinois is proposing to revise subsection (b)(1) to assure a

decision with respect to permit issuance or denial is based upon

complete information relating to ownership, control, and violations by

requiring its review to include information obtained pursuant to

Secs. 1773.22, 1773.23, 1778,13, and 1778.14.

Illinois is proposing to revise subsection (b)(2) to read as

follows. ``(2) Any permit that is issued on the basis of a presumption

supported by certification under 62 IAC 1778.14 that a violation is in

the process of being corrected, on the basis of proof submitted under

subsection (b)(1)(A) of this section that a violation is in the process

of being corrected, or pending the outcome of an appeal described in

subsection (b)(1)(B) of this section, shall be conditionally issued.''

2. Section 1773.20--Improvidently Issued Permits: General Procedures

Subsection (b)(2)(B) is proposed to be revised to read as follows.

``(B) Is not the subject of a good faith appeal, or of an abatement

plan or payment schedule with which the permittee or other person

responsible is complying to the satisfaction of the responsible agency;

and * * *.''

Existing subsection (b)(3) is proposed to be redesignated

(b)(2)(C). New subsection (b)(3) is proposed to be added to read as

follows. ``(3) The provisions of Sec. 1773.25 shall apply when the

Department determines: (A) Whether a violation, penalty or fee existed

at the time that it was cited, remains unabated or delinquent, has been

corrected, is in the process of being corrected, or is the subject of a

good faith appeal; and (B) whether any ownership or control link

between the permittee and the person responsible for the violation,

penalty or fee existed, still exists, or has been severed.''

The proposed revision to subsection (c)(4) read as follows. ``(4)

Rescind the permit. If the Department decides to rescind the permit, it

shall give at least 30 days written notice to the permittee. If the

Department decides to rescind the permit, it shall issue a notice in

accordance with Sec. 1773.21. In either case, the permittee shall be

given the opportunity to request review of the notice under 62 IAC

1847.3. The Department's decision shall remain in effect during the

pendency of the review, unless temporary relief is granted under 62 IAC

1847.3(k).''

3. Section 1773.21--Improvidently Issued Permits: Rescission Procedures

At subsection (a), Illinois proposes to add the phrase ``consistent

with the provisions of section 1773.25'' after the words ``and the

Department finds.''

Subsection (c) is proposed to be deleted.

4. Section 1773.22--Vertification of Ownership or Control Application

Information

New Sec. 1773.22 requires the Department, prior to the issuance of

a permit, to verify ownership or control information through manual

data sources and through automated data sources, including the

Applicant Violator System. Upon completion of the review, the

Department shall update all ownership or control information on the

Applicant Violator System.

5. Section 1773.23--Review of Ownership or Control and Violation

Information

New Sec. 1773.23 requires the Department to review all reasonably

available information concerning violation notices connected with

ownership or control links. The Department shall not approve the

application unless and until it determines that violations have been

corrected or are in the process of being corrected. Following the

Department's decision on the application, the Department shall enter

all relevant information related to such decision or withdrawal into

the Applicant Violator System.

6. Section 1773.24--Procedures for Challenging Ownership or Control

Shown in the applicant Violator System

New Sec. 1773.24 establishes the procedures to be followed if a

person wishes to challenge an ownership or control link between a

person and any other person shown in the Applicant Violator System. The

section provides procedures for direct appeals of such links to OSM by

persons who have been so linked. The section also provides for

challenges concerning the status of violations to which persons shown

on the Applicant Violation System have been linked. The section further

provides information on the challengers right for appeal of OSM's

decision to the Department of the Interior's Office of Hearings and

Appeals and the opportunity for those persons making a challenge to

obtain a temporary relief from any adverse use of the challenged link

or violation information during the pendency of such challenge.

7. Section 1773.25--Standards for Challenging Ownership or Control

Links and the Status of Violations

New Sec. 1773.25 establishes standards for challenges to ownership

or control links and for challenges to the status of violations. The

section allocates responsibilities between OSM and State regulatory

authorities for resolving issues related to ownership and control and

provides the standards for evidence to resolve such issues.

F. 62 IAC 1774.13--Permit Revisions

At subsection (b)(2)(E), a significant revision shall be required

for land use changes involving greater than 5 percent of the ``total

permit acreage'' instead of the ``original total permit acreage.''

Exceptions to the 5 percent cumulative total limit were added at

new subsections (b)(2)(E)(i) and (ii). The proposed addition of

subsection (b)(2)(E)(i) would allow the accumulation of the 5 percent

limit to restart upon issuance of a significant revision that addresses

all previous land use changes approved via insignificant revisions. The

proposed addition of subsection (b)(2)(E)(ii) would allow acreage added

by incidental boundary revisions to be included in the total permit

acreage used to determine the 5 percent limit if the acreage has been

addressed previously in a significant revision. [[Page 10525]]

New subsection (d)(6) provides for public notice of and a ten-day

comment period for incidental boundary revision applications which

propose new surface acreage or planned subsidence shadow area to the

original permit.

G. 62 IAC 1778.15--Right of Entry Information

At subsection (a), Illinois is proposing to eliminate the

requirement for underground coal mining applications to contain a

description of the documents upon which the applicant bases his or her

legal right to enter and mine for underground mining areas (shadow

areas), including the right to subside within the shadow area. Right of

entry information would still be required for the permitted surface

areas at underground mines.

At subsection (e), Illinois is proposing to add the phrase

``including planned subsidence operations.''

Illinois is proposing to add new subsection (f) to require

applications for additions to the underground mining areas (shadow

areas) to contain a notarized statement by a responsible official of

the applicant attesting that all necessary mining rights, including the

right to subside, if applicable, have been or will be obtained prior to

mining.

H. 62 IAC 1779--Surface Mining Permit Applications--Minimum

Requirements for Information on Environmental Resources

Illinois is proposing to revise the following sections of part 1779

for consistency with changes made to the Federal regulations at 30 CFR

779 on May 27, 1994 (59 FR 27932).

1. Section 1779.22--Land Use Information

Section 1779.22 pertains to surface mining permit application

requirements for pre-mining land use information. Illinois is proposing

to delete Sec. 1779.22 and to reorganize the repealed provisions at

subsection (a) into 62 IAC 1780.23(a).

2. Section 1779.25--Cross Sections, Maps and Plans

Subsections (a)(11) (A), (B), and (C) are proposed to be deleted.

Subsection (a)(11)(D) is proposed to be deleted from this section and

relocated to 62 IAC 1780.23(a)(3).

Statutory citations in subsection (b) are updated.

I. 62 IAC 1780.23--Reclamation Plan: Pre-Mining and Post-Mining

Information

Illinois is revising this section for consistency with changes made

to the Federal regulations at 30 CFR 780 on May 27, 1994 (59 FR 27932).

The section title is changed from ``Reclamation Plan: Post-mining Land

Uses'' to ``Reclamation Plan: Pre-Mining and Post-Mining Information.''

New subsections (a), (a)(1), and (a)(2) contain the pre-mining land

use information provisions of existing 62 IAC 1779.22(a) with one

addition. At new subsection (a)(1), one new provision was added which

requires that in the case of previously mined land, the use of the land

prior to any mining shall also be described to the extent such

information is available.

New subsection (a)(3) contains the soil map provision of existing

62 IAC 1779.25(a)(11)(D). The substantive provisions of existing

subsections (a), (a)(1), (a)(3), and (a)(4) are redesignated new

subsections (b), (b)(1), (b)(2), and (b)(3). Existing subsection (a)(2)

pertaining to detailed management plans for a post-mining use of

grazing is deleted.

Existing subsection (b) is redesignated new subsection (c).

J. 62 IAC 1783--Underground Mining Permit Applications--Minimum

Requirements for Information on Environmental Resources

Illinois is proposing to revise the following sections of part 1783

for consistency with changes made to the Federal regulations at 30 CFR

783 on May 27, 1994 (59 FR 27932).

1. Section 1783.22--Land Use Information

Section 1783.22 pertains to underground mining permit application

requirements for pre-mining land use information. Illinois is proposing

to delete Sec. 1783.22 and to reorganize the repealed provisions at

subsection (a) into 62 IAC 1784.15(a).

2. Section 1783.25--Cross Sections, Maps and Plans

Subsections (a)(11) (A), (B), and (C) are proposed to be deleted.

Subsection (a)(11)(D) is proposed to be deleted from this section and

relocated to 62 IAC 1784.15(a)(3).

Statutory citations in subsection (b) are updated.

K. 62 IAC 1784.15--Reclamation Plan: Pre-Mining and Post-Mining

Information

Illinois is proposing to revise this section for consistency with

changes made to the Federal regulations at 30 CFR 784 on May 27, 1994

(59 FR 27932). The section title is changed from ``Reclamation Plan:

Post-Mining Land Uses'' to ``Reclamation Plan: Pre-Mining and Post-

Mining Information.''

New subsections (a), (a)(1), and (a)(2) contain the substantive

pre-mining land use information provisions of existing 62 IAC

1783.22(a) with one addition. At new subsection (a)(1), one new

provision was added which requires that in the case of previously mined

land, the use of the land prior to any mining shall also be described

to the extent such information is available.

New subsection (a)(3) contains the soil map provision of existing

62 IAC 1783.25(a)(11)(D). The substantive provisions of existing

subsections (a), (a)(1), (a)(2), and (a)(3) are redesignated new

subsections (b), (b)(1), (b)(2), and (b)(3).

Existing subsection (b) is redesignated new subsection (c).

L. 62 IAC 1785--Requirements for Permits for Special Categories of

Mining

Illinois is proposing to revise the following sections of part

1785.

1. Section 1785.17--Prime Farmlands

At subsection (a), Illinois is proposing to delete the following

language: ``Nothing in this section shall apply to any permit issued

prior to the date of enactment of the Federal Act, or to any revisions

or renewals thereof, or to any existing surface mining operations for

which a permit was issued prior to the date of enactment of the Federal

Act, as determined by the Department prior to September 29, 1981. For

lands for which a request for exemption was initially made or pending

on or after September 29, 1981.''

Existing subsections (a)(5) and (6) pertaining to an acreage

limitation on the amount of exempted prime farmland are deleted.

Existing subsection (a)(7)(A) was redesignated subsection (a)(5).

Existing subsection (a)(7)(B) pertaining to a preliminary exemption

review is deleted.

At subsection (d)(1), the sentence ``The State recognizes that the

permit cannot be issued without the required consultation with USDA''

is deleted.

2. Section 1785.23--Minor Underground Mine Facilities Not at or

Adjacent to the Processing or Preparation Facility or Area

Illinois proposes to revise subsection (d)(3) by requiring written

comments be filed within the public comment period.

The revision to subsection (e)(1) requires the Department to make

its final decision to approve, deny, or modify the complete application

for a permit within 20 days following the close of the public comment

period.

Subsection (g)(1) is proposed to be amended to require the

Department to notify persons who filed comments or

[[Page 10526]] objections to the application of its final decision, to

replace the word ``disapprove'' with the word ``deny'' for consistency

with other sections of the regulations dealing with approval and denial

of application, and to delete the requirement that it publish a public

notice of its final action. The regulatory citation in subsection

(g)(2) is corrected.

M. 62 IAC 1795--Small Operator Assistance

Illinois is proposing to revise the following sections of part 1795

to implement recently amended sections of the State Act at 225 ILCS

720/2.02 and 3.15 and for consistency with revisions made to the

Federal regulations at 30 CFR 795 on May 31, 1994 (59 FR 28136).

1. Section 1795.1--Scope and Purpose

Illinois proposes to amend the purpose statement at subsection (b)

to read as follows. ``The purpose of the program is to provide for

eligible operators a determination of probable hydrologic consequences

including the engineering analysis and designs necessary for the

determination; cross-sections, maps and plans; geologic drilling and

statement of results of test borings and samplings; archaeological and

historical information collection and relevant plan preparation; pre-

blast surveys and pre-blast survey reports; and site specific resource

information collection and relevant plan preparation which are required

components of the permit application under 62 IAC 1772 through 1785.''

2. Section 1795.4--Definitions

At subsection (b) the definition of qualified laboratory is revised

by deleting the language ``statement of results of test borings or core

samples under the Small Operator Assistance Program and which meets the

standards of section 1795.10'' and adding the language ``or other

studies and/or reports or plans under the Small Operator Assistance

Program which meet the standards of section 1795.10.''

3. Subsection 1779.6--Eligibility for Assistance

At subsection (a), the statute citation is updated.

At subsection (b), the criteria for eligibility for assistance is

revised to read as follows. ``Establishes that his or her probable

total attributed annual production from all locations on which the

operator is issued the surface coal mining and reclamation operations

permit will not exceed 300,000 tons.

At subsection (b)(1) and (b)(2), Illinois proposes changing the

percentage of ownership of applicant from 5 percent to 10 percent with

respect to the baseline above which ownership will play a role in

determining attributed coal production.

5. Section 1795.9--Program Services and Data Requirements

Illinois proposes to revise subsection (a) by adding studies,

reports, and plans to the types of services referenced in subsection

(b) that are available to eligible operators.

Subsection (b) lists the specific technical services authorized for

the Small Operator Assistance Program (SOAP). At subsection (b)(1),

Illinois proposes to include engineering analysis and designs necessary

for the determination of probable hydrologic consequences. At

subsection (b)(2), Illinois proposes to add drilling as an authorized

SOAP service. Illinois proposes to add new subsection (b)(3) which

provides for cross-sections, maps and plans required by 62 IAC 1779.25

and 1783.25. New subsection (b)(4) provides for collection of

archaeological and historical information and related plans required by

62 IAC 1779.12(b), 1780.31, 1783.12(b) and 1784.17, and any other

archaeological and historical information required by the Department.

New subsection (b)(5) provides for preblast surveys and reports

pursuant to the provisions of 62 IAC 1816.62. New subsection (b)(6)

provides for site specific resource information and protection and

enhancement plans for fish and wildlife habitats and other

environmental values required by the Department under 62 IAC 1779.19,

1780.16, 1783.19, and 1784.21, and information and plans for any other

environmental values required by the Department under the State Act.

6. Section 1795.12--Applicant Liability

At subsection (a)(1), the word ``report'' is replaced by the word

``reports.''

At subsection (a)(2), the applicant shall reimburse the Department

if the program administrator finds that the applicant's actual and

attributed production of coal for all locations exceeds 300,000 tons

during the 12 months immediately following the date on which the

operator is issued the surface coal mining and reclamation permit.

At subsection (a)(3), the applicant and its successor shall

reimburse the Department if the permit is sold, transferred, or

assigned to another person and the original permittee's and

transferee's total actual and attributed production exceeds 300,000

tons during the 12 months immediately following the date on which the

permit was originally issued. If the permit is transferred during the

12-month period immediately following the permit issuance date, the

determination of adherence to the 12-month, 300,000 ton limit shall be

performed by combining the actual and attributed production of both

parties for the 12-month period immediately following the date of

original permit issuance.

At subsection (b), the definition of good faith is deleted.

N. 62 IAC 1800--Bonding and Insurance Requirements for Surface Coal

Mining and Reclamation Operations

1. Section 1800.5--Definitions

Subsection (b)(4) is revised to allow Illinois to accept letters of

credit from banks organized or authorized in other states and from

banks organized or authorized in the United States by national charter

provided that if the bank does not have an office for collection in

Illinois, there shall be a confirming bank designated with an office in

Illinois that is authorized to accept, negotiate, and pay the letter

upon presentment in Illinois.

2. Section 1800.20--Surety Bonds

Subsections (b)(2) through (b)(5), which contained surety bond

conditions, are deleted.

3. Section 1800.21--Collateral Bonds

Subsection (b)(1) is revised to allow Illinois to accept letters of

credit from banks organized or authorized to do business in Illinois,

in other States, and from banks organized or authorized in the United

States by national charter provided that if the bank does not have an

office for collection in Illinois, there shall be a confirming bank

designated with an office in Illinois.

O. 62 IAC 1816--Permanent Program Performance Standards--Surface Mining

Activities and 62 IAC 1817 Permanent Program Performance Standards--

Underground Mining Activities

Illinois proposed revisions to the following sections. Regulatory

citations were updated, as necessary, throughout the sections. Since

most of the surface mining and underground mining regulations in these

sections are identical, the revisions are being combined for discussion

purposes, unless otherwise noted. [[Page 10527]]

1. Section 1816.13--Casing and Sealing of Drilled Holes: General

Requirements; Section 1817.13--Casing and Sealing of Exposed

Underground Openings: General Requirements

Illinois is proposing to require that exposed underground openings

be backfilled. The references to ``cased, sealed, or otherwise

managed'' and ``closed'' are replaced with the reference to

``backfilled.''

2. Section 1816.15--Casing and Sealing of Drilled Holes: Permanent;

Section 1816.15--Casing and Sealing of Underground Openings: Permanent

Illinois is proposing to require that exposed underground openings

be backfilled. The references to ``capped, sealed, backfilled, or

otherwise properly managed'' are replaced with the reference to

``backfilled.''

3. Sections 1816.22/1817.22--Topsoil and Subsoil

Illinois is proposing to delete subsection (b)(2) to eliminate the

acreage restriction on topsoil substitutes that may be approved through

the insignificant permit revision process. Therefore, existing

subsection (b)(1) is redesignated subsection (b).

4. Sections 1816.41/1817.41--Hydrologic Balance Protection

Illinois proposes to revise subsection (c)(2) by specifying that

ground water monitoring reports shall be submitted by the first day of

the second month following the reporting period, unless the Department

specifies an alternative reporting schedule.

Illinois proposes to revise subsection (e)(2) by removing the

requirement to send National Pollutant Discharge Elimination System

(NPDES) reports to the Department concurrently with those sent to the

Illinois Environmental Protection Agency and adding the requirement

that NPDES reports are to be sent to the Department by the first day of

the second month following the reporting period.

5. Sections 1816.46/1817.46--Hydrologic Balance: Siltation Structures

The introductory sentence in subsection (e) is being changed to

read ``Exemptions to the requirements to pass all drainage from

disturbed areas through a siltation structure may be granted if * *

*.'' Subsection (e) is proposed to be revised to provide for a second

exemption. The exemption provided by new subsection (e)(2)(A) will

allow the use of the alternative sediment control measures described in

Sec. 1816.45(b) in lieu of siltation structures. The permittee will

have to demonstrate that these measures are the best technology

currently available (BTCA) to meet the effluent limitations and water

quality standards for the receiving waters set forth in Sec. 1816.42.

Existing subsection (e)(2) is redesignated as (e)(2)(B).

6. Section 1816.79--Protection of Underground Mining

Section 1816.79 is reorganized. The word ``coal'' is proposed to be

removed from existing subsection (a), and the subsection reference is

removed. Existing subsection (a)(1) is redesignated subsection (b), and

existing subsection (a)(2) is redesignated subsection (a).

7. Sections 1816.97/1817.97--Protection of Fish, Wildlife, and Related

Environmental Values

Illinois is proposing to delete the reference to the Illinois

Endangered Species Protection Act at subsection (b).

8. Sections 1816.116/1817.116--Revegetation: Standards for Success

The State Act was recently amended at 225 ILCS 720/3.15 to change

the revegetation responsibility period from five years to two years for

areas eligible for remining. Sections 1816/1817.116(a)(2)(B) are

proposed to be amended to implement this statute by adding the phrase

``except that on lands eligible for remining, the period of

responsibility (until September 30, 2004) shall be two (2) full

years.''

Existing Sec. 1816/1817.116(a)(2)(F), concerning augmentation

requirements for high capability cropland areas, are proposed to be

deleted and replaced with new provisions pertaining to wetlands

augmentation. New Secs. 1816/1817.116(a)(2)(F) specify that wetlands

shall be considered augmented when significant alterations are made to

the size or character of the watershed, pumping is used to maintain

water levels, or neutralizing agents, chemical treatments or

fertilizers are applied to the wetland area. Water level management

using permanent water control structures is considered a normal

husbandry practice.

Sections 1816/1817.116(a)(3)(E) are proposed to be amended to

clarify that pasture and/or hayland or grazing land on non-previously

disturbed areas are subject to a 90 percent ground cover standard for a

minimum of any 2 years of a 10-year period prior to the release of the

performance bond, except the first year of the 5-year extended

responsibility period. The 1-year attempt limit for substituting corn

productivity for 1 year of hay productivity is proposed to be removed

from subsection (a)(3)(E). Sections 1816/1817.116(a)(3)(E) are also

being revised to allow 1 year substitution of crops in lieu of hay on

limited capability land, provided the Department determines that the

practice is proper management.

New Secs. 1816/1817.116(a)(3)(F) specify that small isolated areas

which were disturbed from activities such as, but not limited to,

signs, boreholes and power poles, shall be considered successfully

revegetated if the operator can demonstrate that the soil disturbance

was minor, 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.

Section 1816.116(a)(4)(A)(ii) is proposed to be amended to allow

the Department to approve a field to represent small isolated areas of

the same capability if it determines that the field is representative

of reclamation of such areas. The small isolated areas shall maintain a

successful ground cover as determined by subsection (a)(3)(E).

Productivity results on the field shall be applicable to the small

isolated areas.

New Secs. 1816/1817.116(a)(5)(A) specify that wetland revegetation

criteria shall be deemed successful when the wetland vegetation

criteria in the Corps of Engineers Wetlands Delineation Manual have

been achieved following sampling procedures specified in that manual.

New Secs. 1816/1817.116(a)(5)(B) further specify that areas designed to

support vegetation in the approved plan shall have a minimum aerial

coverage of 30 percent. The testing procedure in Secs. 1816/

1817.117(d)(1) through (3) shall be used to evaluate the extent of

cover. Aerial cover shall be determined to be present if any approved

wetland species is measured at the increment. The percentage of aerial

cover shall be established for the area tested by taking the total

number of measurements where aerial cover was determined to be present.

New Secs. 1816/1817.116(c) are proposed to be added to provide for

the use of reference areas to establish target yields in lieu of the

Agricultural Lands Productivity Formula (ALPF) for cropland and

hayland. Other requirements and procedures of 62 IAC 1816.116(a)(4)

shall be applicable. Reference areas used to establish success

standards must meet the requirements in paragraphs (1) through (8).

Paragraph (1) requires that if the fields to be represented contain

in total 800 acres or more, the reference area shall contain at least

40 acres. If the field(s) [[Page 10528]] to be represented is smaller

than 800 acres, the reference area shall be the greater of 5 percent of

the field(s) to be represented or 1 acre.

Paragraph (2) requires that each reference area be representative

of the soils of the field(s) to be represented. The permittee shall

provide adequate documentation of the soils and soil quality present in

the reference area.

Paragraph (3) requires that each year the permitted provide a

statement by a Federation of Certifying Boards in Agriculture, Biology,

Earth and Environmental Sciences-certified professional or a certified

agronomist that the management of the reference area is equivalent to

the field(s) to be represented. The permittee shall describe the

proposed management of the reference area in a proposal.

Paragraph (4) requires that reference areas be located within six

miles of the field(s) to be represented.

Paragraph (5) requires right-of-entry on the reference area for

authorized representatives of the Department and the Illinois

Department of Agriculture be secured by written agreement or consent

for the entire time period in which the reference area will be used.

Paragraph (6) requires that proposed reference areas be submitted

for Department approval no later than February 15 of the year in which

they are proposed to be used.

Paragraph (7) requires that the reference areas have yields

established by whole field harvest and shall be documented by the

Illinois Department of Agriculture. Paragraph (8) requires that yields

determined for the reference area be those used for determination of

success of revegetation unless the Department determines that

management practices have not been equivalent during the course of the

year or the Department determines that growing conditions have not been

representative of the fields to be tested.

9. Sections 1816.117/1817.117--Revegetation: Tree and Shrub Vegetation

The State Act was amended at 225 ILCS 720/3.15 to change the

revegetation responsibility period from five years to two years for

areas eligible for remining. Sections 1816/1817.117(a)(1) are proposed

to be amended to implement this statute by requiring that on lands

eligible for remining, the period of responsibility (until September

30, 2004) shall be two full years for trees and shrubs. Also, until

September 30, 2004, on lands eligible for remining, trees and shrubs

need not have been in place for three years; however, such trees and

shrubs shall not be counted in determining success during the same

calendar year in which they were planted.

Sections 1816/1817.117(a)(3) are proposed to be amended to clarify

that erosion control structures, including pond embankments, shall not

require the planting of trees and shrubs.

Sections 1816/1817.117(b) are proposed to be amended to clarify

that planting arrangements such as hedgerows, border plantings, clump

plantings, shelterbelts, and open herbaceous areas which increase

diversity and edge effect within wildlife areas may be approved by the

Department on a case-by-case basis prior to planting such areas.

Sections 1816/1817.117(c)(1) are proposed to be revised by

replacing the word ``area'' with the word ``field.'' These sections are

also revised by adding a requirement that once field boundaries are

established in a submittal, the boundaries shall not be changed unless

the Department approves a request in accordance with 62 IAC 1774.13.

10. Section 1817.121--Subsidence Control

Illinois proposes to add new subsection (c)(3) to require operators

to promptly replace any drinking, domestic, or residential water supply

from a well or spring in existence prior to the application for a

surface coal mining and reclamation operations permit, which has been

affected by contamination, diminution, or interruption resulting from

underground coal mining operations.

11. Section 1817.131--Cessation of Operations: Temporary

At subsection (b), three typographical errors were corrected. The

word ``conduct'' was changed to ``conducts'' in the first sentence. The

word ``affected'' was added and the word ``are'' was corrected to the

word ``area'' in the second sentence.

12. Sections 1816.133/1817.133--Post-Mining Land Capability

At subsection (a)(2)(C) a typographical error was corrected by

replacing the word ``bound'' by the word ``found.''

13. Sections 1816.151/1817.151--Primary Roads

At subsection (a), Illinois proposes to specify that the

certification shall be submitted within 30 days after completion of

construction. Illinois also defines completion of construction to mean

that the road is being used for its intended purpose as determined by

the Department.

14. Section 1817.182--Minor Underground Mine Facilities Not at or

Adjacent to the Processing or Preparation Facility or Area

At subsection (a), Illinois corrected a typographical error by

replacing the word ``is'' with the word ``if.''

At subsection (d)(4), Illinois corrected a typographical error by

replacing the word ``existing'' with the word ``restore.''

At subsection (l), Illinois corrected the regulatory citation by

replacing ``1817.103'' with ``1817.102.''

15. Sections 1816.190/1817.190--Affected Acreage Map

At subsection (a), Illinois is proposing to delete the phrase ``and

to the county clerk.''

At subsection (b), Illinois is requiring the permittee to submit an

additional copy of the affected acreage report, which the Department

will then forward to the county clerk. Illinois is also requiring that

one of the copies contain the original signature of a company official.

Also, statutory citations are being updated in subsection (b).

16. Section 1816.Appendix A--Agricultural Lands Productivity Formula--

Permit Specifics Yield Standard

Illinois proposed several changes for the ``Permit Specifics Yield

Standard'' section. The two existing paragraphs are amended and

reorganized into subsections (a) and (b), respectively, and new

provisions were added at subsections (c) through (f).

Language is added at redesignated subsection (a) to clarify that

ALPF target calculation procedures are applicable to limited capability

lands and that targets are to be based on the soils which are disturbed

within the permit area.

The existing provisions in redesignated subsection (b) are now

subject to the provisions of subsections (c) through (f).

New subsection (c) specifies that the Department shall provide for

establishment of specific yield standards for the individual capability

groups to be weighted for an individual pit (geographically distinct

mining area) if multiple permits are adjacent and confined to a single

continuous pit, or multiple pits are not adjacent but are within an

individual permit.

New subsection (d) specifies that if an individual mining pit is

present in more than one county, annual target yield adjustments shall

be based on the county with the greater permit acreage.

New subsection (e) specifies that after mining operations have

ceased and at [[Page 10529]] the request of the permittee, the

Department shall recalculate the yield standards for the permit (pit)

based solely on the soils which were disturbed. Recalculated targets

shall be applicable to all areas tested for productivity, after

approval of the recalculation. Approved significant revisions after

permanent cessation of mining shall cause the targets to be

recalculated.

New subsection (f) specifies that at the request of the permittee,

the Department shall consolidate prime farmland and high capability

targets, provided the Department determines that the soil

reconstruction of the high capability land is equal to or better than

the prime farmland.

17. Section 1816.Appendix A--Agricultural Lands Productivity Formula--

Agricultural Lands Productivity Formula Sampling Method

Illinois proposed changes for the ``Agricultural Lands Productivity

Formula Sampling Method'' section. In the last paragraph of this

section, a revision was made to require the Department and the Illinois

Department of Agriculture to jointly request the operator to verify

yields by harvest weight. Reason Number 3 for this verification request

was deleted.

P. 62 IAC 1825.14--High Capability Lands: Soil Replacement

At subsection (e), Illinois proposes adding the title of

``Compaction.''

Subsection (e)(1) is revised by adding the word ``above'' after the

regulatory citation ``Section 1825.14(a). Illinois added new subsection

(e)(1)(E) to specify that excessive compaction is also indicated by

other diagnostic methods approved by the Department, in consultation

with the Illinois Department of Agriculture and the U.S. Department of

Agriculture, Soil Conservation Service.

At subsection (e)(2), Illinois is proposing an additional method

for the Department to evaluate excessive compaction. The permittee will

have a choice between the existing provision and the new provision

which specifies that compaction alleviation is required unless the

permittee can demonstrate that the requirements of 62 IAC 1816.116 or

1816.117, as applicable, have been met without compaction alleviation

on areas reclaimed in a similar manner. A second new provision in

subsection (e)(2) requires the Department to retain sufficient bond at

the time of Phase II bond release if it determines that compaction

alleviation may be needed to achieve the revegetation success

requirements.

Q. 62 IAC 1840--Department Inspections

1. Section 1840.11--Inspections by the Department

At subsection (d) the heading ``Aerial inspections'' was added.

Illinois proposed new subsections (g) and (h) to address

inspections at sites which have been abandoned without completion of

reclamation or abatement of violations. The proposed amendments are

consistent with 30 CFR 840.11 (g) and (h), as amended on November 28,

1994 (59 FR 60876).

New subsection (g) contains the criteria required for classifying a

site as abandoned. Before a site can qualify for a change in inspection

frequency, Illinois must make a written finding that the site meets the

abandoned site definition criteria.

New subsection (h) contains the criteria for selecting an alternate

inspection frequency commensurate with the public health and safety and

environmental considerations present at each specific site. Illinois

must conduct a complete inspection of the abandoned site and provide

public notice of its findings. A written finding, which addresses all

the criteria contained in this section, justifying the alternative

inspection frequency selected must be prepared and maintained for

public review.

2. Section 1840.17--Review of Decision Not to Inspect or Enforce

Subsection (a) is proposed to be revised by requiring the request

for review to be submitted within 30 days from the date the citizen is

notified of the decision. Failure to file a request for informal review

within this time period shall result in a waiver of the right to such

review.

Subsection (c) is proposed to be amended to reference 62 IAC 1847.3

of the regulations for formal review of the Department's decision not

to inspect or enforce, rather than section 8.07 of the State Act.

R. 62 IAC 1843--State Enforcement

Illinois proposes revisions to the following sections of part 1843.

1. Section 1843.13--Suspension or Revocation of Permits

At subsection (a)(1), the phrase ``Except as provided in subsection

(b) below'' is deleted.

At subsection (a)(3), the existing provisions are deleted. New

provisions were added which specify that the Department shall promptly

review the history of violations of any permittee who has been cited

for violations of the same or related requirements of the Federal Act,

the State Act, 62 IAC 1700 through 1850 or the permit during 3 or more

State inspections of the permit area within any 12-month period. If

after such review, the Department determines that a pattern of

violations exists or has existed, an order to show cause as provided in

subsection (a)(1) shall be issued.

Existing subsection (b) was deleted, and existing subsection (c),

(d), (e), and (f) were redesignated as (b), (c), (d), and (e),

respectively.

2. Section 1843.23--Enforcement Actions at Abandoned Sites

This new section specifies that the Department may refrain from

issuing a notice of violation or cessation order for a violation at an

abandoned site, as defined in 62 IAC 1840.11(g), if abatement of the

violation is required under any previously issued notice or order.

S. 62 IAC 1845.12--When Penalty Will be Assessed

Illinois is proposing to amend subsection (d) by adding a

requirement that the Department take into account the factors set forth

in Sec. 1845.13 in determining whether to assess a penalty below

$1,100. Illinois is also codifying its long-standing policy of

assessing a penalty below $1,100 if it is the permittee's second or

more related violation within a 12-month period.

T. 62 IAC 1847--Administrative and Judicial Review

Illinois proposes revisions to the following sections of part 1847.

1. Section 1847.3--Hearings

The section heading is changed from ``Permit Hearings'' to

``Hearings.''

At subsection (a), Illinois is specifying that administrative

review under this section also applies to decisions not to inspect or

enforce under 62 IAC 1840.17 and permit decisions issued pursuant to 62

IAC 1785.23.

At subsection (i), Illinois is proposing to change the time period

from 15 to 10 days for filing of written exceptions and responses.

Also, they are to be filed with the hearing officer instead of the

Director.

At subsection (j), Illinois is proposing to have the proposed

decision become final in 10 days instead of 15 if no written exceptions

are filed. Illinois is also proposing that the hearing officer instead

of the Director issue the final administrative decision affirming or

modifying or vacating the proposed decision if written exceptions are

filed. [[Page 10530]]

At subsection (l)(2), Illinois is adding the provision that

judicial review may be requested if the Department also failed to act

within specified time limits.

2. Section 1847.4--Citation Hearings

At subsection (j), Illinois is proposing to change the time period

from 15 to 10 days for filing of written exceptions and responses.

Also, they are to be filed with the hearing officer instead of the

Director.

At subsection (k), Illinois is proposing to have the proposed

decision become final in 10 days instead of 15 if no written exceptions

are filed. Illinois is also proposing that the hearing officer instead

of the Director issue the final administrative decision affirming or

modifying or vacating the proposed decision if written exceptions are

filed.

3. Section 1847.5--Civil Penalty Assessment Hearings

At subsection (m), Illinois is proposing to change the time period

from 15 to 10 days for filing of written exceptions and responses.

Also, they are to be filed with the hearing officer instead of the

Director.

At subsection (n), Illinois is proposing to have the proposed

decision become final in 10 days instead of 15 if no written exceptions

are filed. Illinois is also proposing that the hearing officer instead

of the Director issue the final administrative decision affirming or

modifying or vacating the proposed decision if written exceptions are

filed.

4. Section 1847.6--Show Cause Hearings

At subsection (k), Illinois is proposing to change the time period

from 15 to 10 days for filing of written exceptions and responses.

Also, they are to be filed with the hearing officer instead of the

Director.

At subsection (l), Illinois is proposing to have the proposed

decision become final in 10 days instead of 15 if no written exceptions

are filed. Illinois is also proposing that the hearing officer instead

of the Director issue the final administrative decision affirming or

modifying or vacating the proposed decision if written exceptions are

filed.

5. Section 1847.7--Bond Forfeiture Hearings

At subsection (j), Illinois is proposing to change the time period

from 15 to 10 days for filing of written exceptions and responses.

Also, they are to be filed with the hearing officer instead of the

Director.

At subsection (k), Illinois is proposing to have the proposed

decision become final in 10 days instead of 15 if no written exceptions

are filed. Illinois is also proposing that the hearing officer instead

of the Director issue the final administrative decision affirming or

modifying or vacating the proposed decision if written exceptions are

filed.

U. 62 IAC 1848.5--Notice of Hearing

Proposed new subsection (f) implements a July 7, 1993, amendment to

Sec. 2.11 of the State Act pertaining to permit hearing notices. If the

hearing concerns review of a permit decision under 62 IAC 1847.3, a

notice containing the information set forth in subsection (a) and (b)

shall be published in a newspaper of general circulation published in

each county in which any part of the area of the affected land is

located. The notice shall appear no more than 14 days nor less than 7

days prior to the date of the hearing. The notice shall be no less than

\1/8\ page in size, and the smallest type used shall be 12 point and

shall be enclosed in a black border no less than \1/4\ inch wide. The

notice shall not be placed in that portion of the newspaper where legal

notices and classified advertisements appear. Any deviations from the

requirements of this subsection attributable to the publishing

newspaper shall not be grounds for postponement or continuance of the

hearing, nor will such errors necessitate that the notice be

republished.

V. 62 IAC 1850--Training, Examination and Certification of Blasters

Illinois proposes revisions to the following sections of part 1850.

1. Section 1850.13--Training

At subsection (a), a typographical error was corrected by replacing

the word ``person'' with the word ``persons.''

At subsection (b)(14), various regulation and statute citations

were corrected.

2. Section 1850.14--Examination

Illinois proposed to amend subsection (a) by removing the

requirement that notification of a scheduled examination be made in

writing.

Illinois proposed to amend subsection (b) by removing the

requirement that notification of a scheduled reexamination be made by

letter.

3. Section 1850.15--Application and Certification

Subsection (a) is proposed to be amended by shortening the deadline

for receipt of applications from 45 days to 30 days and by shortening

the deadline for review of applications from 30 to 15 days.

4. Section 1850.16--Denial, Issuance of Notice of Infraction,

Suspension, Revocation, and other Administrative Actions

Subsection (b) is proposed to be entitled ``Notice of Infraction.''

At subsections (b)(1)(A) and (b)(1)(D), various regulatory and statute

citations are corrected. Subsection (b)(3) is revised by requiring the

blaster to file a request for review with the Department and removing

the existing forwarding provision. The requirement to include specified

information in the request was removed. The hearing regulation

reference was corrected. The hearing is proposed to be held at one of

the Department's offices, and the existing location provision is

removed.

Subsection (c) is proposed to be entitled ``Notice of Show Cause.''

At subsection (c)(2), the word ``public'' was deleted, and the hearing

regulation citation was corrected. At subsection (c)(3), the hearing

regulation citation was corrected.

5. Section 1850.17--Judicial Review

This section is proposed to be repealed as the provision for

judicial review is contained elsewhere in Illinois' regulations.

III. Public Comment Procedures

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 Springfield Field Office

will not necessarily be considered in the final rulemaking or included

in the Administrative Record.

Public Hearing

Persons wishing to speak at the public hearing should contact the

person listed under for further information contact by 4:00 p.m.,

[C.S.T.], on March 14, 1995. The location and time of the hearing will

be arranged with those persons requesting the hearing. If no one

requests an opportunity to speak [[Page 10531]] at the public hearing,

the hearing will not be held.

Filing of a written statement at the time of the hearing is

requested as it will greatly assist the transcriber. Submission of

written statements in advance of the hearing will allow OSM officials

to prepare adequate responses and appropriate questions.

The public hearing will continue on the specified date until all

persons scheduled to speak have been heard. Persons in the audience who

have not been scheduled to speak, and who wish to do so, will be heard

following those who have been scheduled. The hearing will end after all

persons scheduled to speak and persons present in the audience who wish

to speak have been heard.

Any disabled individual who has need for a special accommodation to

attend a public hearing should contact the individual listed under for

further information contact.

Public Meeting

If only one person requests an opportunity to speak at a hearing, a

public meeting, rather than a public hearing, may be held. Persons

wishing to meet with OSM representatives to discuss the proposed

amendment may request a meeting by contacting the person listed under

FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the

public and, if possible, notices of meetings will be posted at the

locations listed under ADDRESSES. A written summary of each meeting

will be made a part of the Administrative Record.

IV. 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 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. 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.

List of Subjects in 30 CFR Part 913

Intergovernmental relations, Surface mining, Underground mining.

Dated: February 16, 1995.

Richard Seibel,

Acting Assistant Director, Eastern Support Center.

[FR Doc. 95-4681 Filed 2-24-95; 8:45 am]

BILLING CODE 4310-05-M