Illinois Regulatory Program

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[SPATS No. IL-098-FOR]

Illinois Regulatory Program

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

Interior.

ACTION: Proposed rule; withdrawal of proposed amendment.

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SUMMARY: OSM is announcing the withdrawal of a proposed amendment to

the Illinois regulatory program (hereinafter the ``Illinois program'')

under the Surface Mining Control and Reclamation Act of 1977 (SMCRA).

The proposed amendment concerned a revision to the Illinois regulations

pertaining to administrative review. Illinois is withdrawing the

amendment at its own initiative.

FOR FURTHER INFORMATION CONTACT:

Andrew R. Gilmore, Director, Indianapolis Field Office, Telephone:

(317) 226-6700.

SUPPLEMENTARY INFORMATION: By letter dated November 3, 1997

(Administrative Record No. IL-5000), Illinois submitted a proposed

amendment to its program pursuant to SMCRA. Illinois submitted the

proposed amendment at its own initiative. In its submission letter,

Illinois stated the amendment was necessitated by a permit review case

wherein the hearing officer found that the Department's burden of proof

standard was improper. The hearing officer ruled that a preponderance

of the evidence standard was the appropriate standard to apply in a

permit review proceeding. On a subsequent appeal of the administrative

case, the circuit court agreed that the clearly erroneous standard was

invalid and that the preponderance of the evidence standard was the

correct standard to apply (Citizens Organizing Project v. IDNR, 96-MR-

126, Sangamon County Circuit Court). The provision of Title 62,

Illinois Administrative Code (IAC) that Illinois proposed to amend is

at 62 IAC 1847.3(g), permit hearings. Specifically, Illinois proposed

to delete the existing language at 62 IAC 1847.3(g) and replace it with

the following language:

The standard of proof in a hearing conducted under this Section

shall be the preponderance of the evidence.

OSM announced receipt of the proposed amendment in the November 26,

1997, Federal Register (62 FR 63045) and invited public comment on its

adequacy. The public comment period ended December 26, 1997.

On December 17, 1997 (Administrative Record No. IL-5005), Illinois

requested that the proposed amendment be withdrawn, and stated the

proposal is being revised and will be resubmitted when it is finalized.

Therefore, the proposed amendment announced in the November 26, 1997,

Federal Register is withdrawn.

List of Subjects in 30 CFR Part 913

Intergovernmental relations, Surface mining, Underground mining.

Dated: January 9, 1998.

Brent Wahlquist,

Regional Director, Mid-Continent Regional Coordinating Center.

[FR Doc. 98-1214 Filed 1-16-98; 8:45 am]

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