Illinois Regulatory Program

DEPARTMENT OF THE INTERIOR

30 CFR Part 913

[SPATS No. IL-092-FOR]

Illinois Regulatory Program

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

Interior.

ACTION: Final rule; approval of amendment.

-----------------------------------------------------------------------

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 revise four sections and to add one

section to Title 62 of the Illinois Administrative Code (IAC)

regulations pertaining to self-bonding. The amendment is intended to

revise the Illinois program to be consistent with the corresponding

Federal regulations.

EFFECTIVE DATE: July 18, 1996.

FOR FURTHER INFORMATION CONTACT:

Roger W. Calhoun, Director, Indianapolis Field Office, Office of

Surface Mining Reclamation and Enforcement, Minton-Capehart Federal

Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN

46204-1521, Telephone: (317) 226-6700.

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 the

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 4, 1996 (Administrative Record No. IL-1800),

Illinois submitted a proposed amendment to its program pursuant to

SMCRA. Illinois submitted the proposed amendment in response to the

required program amendment that the Director placed on the Illinois

program at 30 CFR 913.16(v) on February 2, 1994, (59 FR 4832). The

Director required Illinois, prior to implementing the self-bonding

statute at 225 ILCS 720/6.01(b), to submit and receive OSM approval of

implementing regulations for the self-bonding provisions.

OSM announced receipt of the proposed amendment in the March 29,

1996, Federal Register (61 FR 14039), 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 29, 1996.

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.

[[Page 37384]]

A. Revisions to Illinois' Regulations That Are Substantively Identical

to the Corresponding Provisions of the Federal Regulations

----------------------------------------------------------------------------------------------------------------

Topic State regulation Federal regulation

----------------------------------------------------------------------------------------------------------------

Regulatory authority 62 IAC 1800.4 (c), (d)-(f)............ 30 CFR 800.4 (d), (e)-(g).

responsibility.

Definitions...................... 62 IAC 1800.5(c)...................... 30 CFR 800.5(c).

Requirement to file a bond....... 62 IAC 1800.11(a)..................... 30 CFR 800.11(a).

Form of the performance bond..... 62 IAC 1800.12 (b)-(d)................ 30 CFR 800.12 (b)-(d).

Self-bonding..................... 62 IAC 1800.23........................ 30 CFR 800.23.

----------------------------------------------------------------------------------------------------------------

Because the above proposed revisions are identical in meaning to

the corresponding Federal regulations, the Director finds that

Illinois's proposed rules are no less effective than the Federal rules,

and he is removing the required amendment at 30 CFR 913.16(v).

B. Revisions to Illinois' Regulations With No Corresponding Federal

Regulations

Illinois proposes to add a regulatory provision to 62 IAC 1800.11,

Requirement to File a Bond, at new subsection (e). This provision will

allow the State to administer self-bonding for eligible permittees

consistent with all applicable provisions of Sections 1800.1 through

1800.50. These sections contain all of Illinois' bonding requirements

for surface coal mining and reclamation operations. There is no direct

counterpart Federal regulation for this addition. However, the Director

finds that Illinois' proposed regulation at 62 IAC 1800.11(e) is not

inconsistent with the Federal regulations pertaining to self-bonding.

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 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 from any Federal agency.

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. Therefore, OSM did

not request EPA's concurrence.

On March 12, 1996, pursuant to 732.17(h)(11)(i), OSM solicited

comments on the proposed amendment from EPA (Administrative Record No.

IL-1801). EPA did not respond to OSM's request.

State Historical Preservation Officer (SHPO) and the Advisory Council

on Historic Preservation (ACHP)

Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit

comments on proposed amendments which may have an effect on historic

properties from the SHPO and ACHP. OSM solicited comments on the

proposed amendment from the SHPO and ACHP (Administrative Record No.

IL-1801). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

Based on the above findings, the Director approves the proposed

amendment as submitted by Illinois on March 4, 1996. The Director

approves the rules as proposed by Illinois with the provision that they

be fully promulgated in identical form to the rules submitted to and

reviewed by OSM and the public.

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.

Effect of 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 program be submitted to OSM for review as a program

amendment. In the oversight of the Illinois program, the Director will

recognize only the statutes, regulations, and other materials approved

by OSM, together with any consistent implementing policies, directives,

and other materials, and will require the enforcement by Illinois of

only such provisions.

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 12988

The Department of the Interior has conducted the reviews required

by section 3 of Executive Order 12988 (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)).

[[Page 37385]]

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

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.

Unfunded Mandates

This rule will not impose a cost of $100 million or more in any

given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 913

Intergovenmental relations, Surface mining, Underground mining.

Dated: June 21, 1996.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

For the reasons set out in the preamble, 30 CFR part 913 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 (t) to read as

follows:

Sec. 913.15 Approval of regulatory program amendments.

* * * * *

(t) The amendment submitted to OSM on March 4, 1996, pertaining to

self-bonding is approved effective July 18, 1996.

Sec. 913.16 [Amended]

3. Section 913.16 is amended by removing paragraph (v).

[FR Doc. 96-18265 Filed 7-17-96; 8:45 am]

BILLING CODE 4310-05-M