[Federal Register Volume 65, Number 68 (Friday, April 7, 2000)]
[Rules and Regulations]
[Pages 18237-18242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8665]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[SPATS No. IL-097-FOR, Part III]


Illinois Regulatory Program

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

ACTION: Final rule.

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SUMMARY: OSM is approving part of an amendment to the Illinois 
regulatory program (Illinois program) under the Surface Mining Control 
and Reclamation Act of 1977 (SMCRA). Illinois proposed revisions to its 
program concerning subsidence control, water replacement, adjustment of 
performance bond amounts, administrative review, release of performance 
bonds, siltation structures, impoundments, hydrologic balance, disposal 
of noncoal mine wastes, revegetation, backfilling and grading, prime 
farmland, and State inspections. This final rule document addresses 
Illinois' revisions concerning release of performance bonds, siltation 
structures, impoundments, hydrologic balance, disposal of noncoal mine 
wastes, revegetation, backfilling and grading, and prime farmland. We 
addressed the remaining program topics in two previous final rule 
documents. Illinois intends to revise its program to be consistent with 
the corresponding Federal regulations, to provide additional 
safeguards, and to improve operational efficiency.

EFFECTIVE DATE: April 7, 2000.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office, Office of Surface Mining, Minton-Capehart 
Federal Building, 575 North Pennsylvania Street, Room 301, 
Indianapolis, Indiana 46204-1521. Telephone: (317) 226-6700. Internet: 
[email protected].

SUPPLEMENTARY INFORMATION:
I. Background on the Illinois Program
II. Submission of the 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. You can find background information on 
the Illinois program, including the Secretary's findings, the 
disposition of comments, and the conditions of approval in the June 1, 
1982, Federal Register (47 FR 23883). You can find later actions 
concerning the Illinois program and previous amendments at 30 CFR 
913.15, 913.16, and 913.17.

II. Submission of the Proposed Amendment

    By letter dated August 2, 1999 (Administrative Record No. IL-5044), 
the Illinois Department of Natural Resources (Department) submitted an 
amendment to the Illinois program under the Federal regulations at 30 
CFR 732.17(b). The Department proposed to amend Title 62 of the 
Illinois Administrative Code (IAC) in response to our letters dated May 
20, 1996, June 17, 1997, October 30, 1997, and January 15, 1999 
(Administrative Record Nos. IL-1900, IL-2000, IL-2002, and IL-5036, 
respectively), that we sent to Illinois under 30 CFR 732.17(c). The 
amendment also includes changes made at the Department's own 
initiative.
    We announced receipt of the amendment in the August 17, 1999, 
Federal Register (64 FR 44674). In the same document, we opened the 
public comment period and provided an opportunity for a public hearing 
or meeting on the adequacy of the amendment. The public comment period 
closed on September 16, 1999. No one requested an opportunity to speak 
at a public hearing, so no hearing was held.
    During our review of the amendment, we identified concerns relating 
to siltation structures, impoundments, performance bonds, and State 
inspections. We also identified some nonsubstantive editorial errors. 
We notified Illinois of these concerns and editorial errors by letter 
dated September 21, 1999 (Administrative Record No. IL-5048). We also 
separated the amendment into three parts in order to expedite the State 
program amendment process. Part I concerned revisions to Illinois' 
regulations relating to subsidence control and water replacement. 
Because we did not identify any concerns relating to Illinois' 
revisions for subsidence control and water replacement, we made our 
final decision on them in a final rule on

[[Page 18238]]

December 6, 1999 (64 FR 68024). Part II concerned revisions to 
Illinois' regulations relating to adjustment of performance bond 
amounts and administrative review. On December 2, 1999, the Department 
requested that we proceed with our decision on these revisions 
(Administrative Record No. IL-5049). Because we did not identify any 
concerns relating to Illinois' revisions for adjustment of performance 
bond amounts and administrative review, we made our decision on them in 
a final rule on December 27, 1999 (64 FR 72275). Part III concerns 
revisions to Illinois' regulations relating to release of performance 
bonds, siltation structures, impoundments, hydrologic balance, disposal 
of noncoal mine wastes, revegetation, backfilling and grading, and 
prime farmland. This final rule Federal Register document addresses IL-
097-FOR, Part III revisions.
    By letter dated January 27, 2000 (Administrative Record No. IL-
5052), Illinois sent us revisions to its proposed program amendment. On 
February 1, 2000, by telephone, Illinois notified us of additional 
revisions (Administrative Record No. IL-5053). Based upon Illinois' 
revisions to its amendment, we reopened the public comment period in 
the February 14, 2000, Federal Register (65 FR 7331). The public 
comment period closed on February 29, 2000.

III. Director's Findings

    Following, under SMCRA and the Federal regulations at 30 CFR 732.15 
and 732.17, are our findings concerning the revisions to the Illinois 
program pertaining to definitions, release of performance bonds, 
siltation structures, impoundments, hydrologic balance, disposal of 
noncoal mine wastes, revegetation, backfilling and grading, and prime 
farmland.

A. Revisions to Illinois' Regulations That Are Minor.

    Throughout the amended regulation sections discussed in this final 
rule, Illinois corrected typographical errors, punctuation, citation 
references, and other editorial-type errors; made minor wording 
changes; and simplified its use of numbers. Illinois also made some of 
the same types of corrections and changes in the sections listed in the 
table below:

----------------------------------------------------------------------------------------------------------------
               Topic                     State regulation                      Federal regulation
----------------------------------------------------------------------------------------------------------------
Definitions.......................  62 IAC 1701.Appendix A....  30 CFR 701.5.
Hydrologic Information............  62 IAC 1784.14(a).........  30 CFR 784.14(a).
Subsidence Control Plan...........  62 IAC 1784.20(b), (b)(2).  30 CFR 784.20(b), (b)(2).
Period of Liability...............  62 IAC 1800.13............  30 CFR 800.13.
Hydrologic Balance Protection.....  62 IAC 1817.41(c), (d),     30 CFR 817.41(c), (d), and (e).
                                     and (e)..
Availability of Records...........  62 IAC 1840.14(b), (c)(2).  30 CFR 840.14(b) and (c).
----------------------------------------------------------------------------------------------------------------

    These minor changes did not alter the requirements of the 
previously approved provisions in the Illinois regulations. Therefore, 
we find that they will not make the Illinois regulations less effective 
than the Federal regulations.

B. 62 IAC 1701.Appendix A, Definitions

    Illinois removed the following definition of ``Institute'' because 
it is no longer applicable to the Illinois program:

    ``Institute'' means the Department of Energy and Natural 
Resources or such other agency as designated by the Director in 
accordance with Section 7.03 of the State Act.

    The Department of Energy and Natural Resources no longer exists. On 
March 1, 1995, the Governor of Illinois signed Executive Order Number 2 
(1995) that merged the Department of Energy and Natural Resources into 
the Department of Natural Resources. On February 9, 1999 (64 FR 6191), 
we approved the changes to section 7.03 of the State Act and to 
Illinois' regulations at 62 IAC Part 1764 that removed references to 
the Department of Energy and Natural Resources. Therefore, we find that 
the removal of this definition will not make the Illinois regulations 
less effective than the Federal Regulations.

C. Siltation Structures, Impoundments, Banks, Dams, and Embankments.

    By letters dated June 17, 1997, and January 15, 1999, under 30 CFR 
732.17(c), we notified Illinois that it needed to change the Illinois 
regulations relating to siltation structures, impoundments, banks, 
dams, and embankments to be no less effective than the changes that 
were made to the Federal regulations on October 20, 1994 (59 FR 53022). 
In the October 20, 1994, rulemaking, OSM included standards from the U. 
S. Department of Agriculture, Soil Conservation Service Technical 
Release No. 60 (210-VI-TR60, Oct. 1985) as part of the Federal 
requirements for siltation structures and impoundments. These changes 
were made as a result of decisions by the U.S. District Court of the 
District of Columbia in In Re: Permanent Surface Mining Regulation 
Litigation (II), No. 79-1144 (D.D.C. July 15, 1985) and In Re: NWF v. 
Lujan, No. 88-3345 (D.D.C. August 30, 1990). In response to these 
notifications, Illinois proposed several changes to its regulations at 
62 IAC 1780.25, 1816.46, and 1816.49 for surface mining operations and 
62 IAC 1784.16, 1817.46, and 1817.49 for underground mining operations.
    1. Illinois made minor wording changes, including changing the term 
``operator'' to the term ``permittee''; revised all outdated citation 
references; and revised cross-references and paragraph notations to 
reflect organizational changes resulting from this amendment. We find 
that these changes are nonsubstantive and will not make Illinois' 
regulations less effective than the Federal regulations.
    2. Revisions to Illinois' Regulations That Are Substantively 
Identical to the Corresponding Provisions of the Federal Regulations. 
The changes made to the State regulations listed in the table below 
contain language that is the same as or similar to the corresponding 
changes made to the Federal regulations on October 20, 1994. 
Differences between the State regulations and the Federal regulations 
are minor.

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            Topic               State regulation     Federal regulation
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Reclamation Plan: Siltation   62 IAC 1780.25(a),    30 CFR 780.25(a),
 Structures, Impoundments,     (a)(1)(A), (a)(2),    (a)(1)(i), (a)(2),
 Banks, Dams, and              (a)(2)(A) and (B),    (a)(2)(i) and (ii),
 Embankments.                  (a)(3), (a)(3)(A),    (a)(3), (a)(3)(i),
                               (b), (f).             (b), (f).

[[Page 18239]]

 
Reclamation Plan: Siltation   62 IAC 1784.16(a),    30 CFR 784.16(a),
 Structures, Impoundments,     (a)(1)(A), (a)(2),    (a)(1)(i), (a)(2),
 Banks, Dams, and              (a)(2)(A) and (B),    (a)(2)(i) and (ii),
 Embankments.                  (a)(3), (a)(3)(A)     (a)(3), (a)(3)(i)
                               and (B), (b)(1),      and (ii), (b), (f).
                               (f).
Hydrologic Balance:           62 IAC                30 CFR 816.46(c)(2)
 Siltation Structures.         1816.46(c)(2)..
Impoundments................  62 IAC                30 CFR 816.49(a)(1),
                               1816.49(a)(1),        (a)(4)(i) and (ii),
                               (a)(4)(A) and (B),    (a)(5), (a)(6)(i),
                               (a)(5), (a)(6)(A),    (a)(9)(ii)(A) and
                               (a)(10)(A),           (C), (a)(12),
                               (a)(11), (b)(9)(A)    (c)(2)(i) and (ii).
                               and (C), (c)(1),
                               (c)(2)(B)(i) and
                               (ii).
Hydrologic Balance:           62 IAC 1817.46(c)(2)  30 CFR 817.46(c)(2).
 Siltation Structures.
Impoundments................  62 IAC                30 CFR 817.49(a)(1),
                               1817.49(a)(1),        (a)(4)(i) and (ii),
                               (a)(4)(A) and (B),    (a)(5), (a)(6)(i),
                               (a)(5), (a)(6)(A),    (a)(9)(ii)(A) and
                               (a)(10)(A),           (C), (a)(12),
                               (a)(11), (b)(9)(A)    (c)(2)(i) and (ii).
                               and (C), (c)(1),
                               (c)(2)(B)(i) and
                               (ii).
------------------------------------------------------------------------

    Because the changes made to the above State regulations have the 
same meaning as the changes made to the corresponding Federal 
regulations, we find that the Illinois regulations are no less 
effective than the Federal regulations.

D. 62 IAC 1800.40, Requirement To Release Performance Bonds

    1. Illinois revised 62 IAC 1800.40(a)(1) to allow permittees to 
authorize a person to act on their behalf in filing an application for 
bond release and to allow the Department to initiate an application for 
bond release. Illinois also added a provision that requires the 
Department to undertake the notification and certification requirements 
of the applicant for bond releases initiated by the Department.
    While the counterpart Federal regulation at 30 CFR 800.40(a)(1) 
allows a permittee to file an application for bond release, the Federal 
regulations are silent as to whether a regulatory authority may 
initiate bond release proceedings. However, a similar provision was 
approved for the Kentucky program on December 31, 1990 (55 FR 53490). 
Under Illinois' proposal, bond release proceedings initiated by the 
Department must conform with the same procedural steps as a bond 
release initiated by the permittee. Thus, the public participation and 
notification requirements of section 519 of SMCRA and the Federal 
regulations at 30 CFR 800.40 would still apply when the regulatory 
authority initiated a bond release in Illinois. There are also 
circumstances, such as the release of jurisdiction from an abandoned 
but fully reclaimed site, where it may be necessary for a party other 
than the permittee to initiate bond release. For the above reasons, we 
find that allowing the regulatory authority to initiate bond release 
does not make the Illinois regulations at 62 IAC 1800.40 less effective 
than the Federal regulations at 30 CFR 800.40.
    2. Illinois removed its reference to the ``operator'' in the first 
sentence of 62 IAC 1800.40(a)(2) and added a reference to the 
``applicant.'' Illinois removed its reference to the ``operator's'' in 
the second sentence of 62 IAC 1800.40(a)(2) and added a reference to 
the ``permittee's.'' Illinois removed its reference to the 
``permittee'' in 62 IAC 1800.40(a)(3) and added a reference to the 
``applicant.'' These changes were appropriate and further clarified 
that the notification and certification requirements for bond release 
must be completed, regardless of whether the application was initiated 
by the permittee, a person authorized to act for the permittee, or the 
Department. We find that the changes made to 62 IAC 1800.40(a)(2) and 
(a)(3) will not make Illinois' regulations less effective than the 
counterpart Federal regulations at 30 CFR 800.40(a)(2) and (a)(3).
    3. At 62 IAC 1800.40(b)(2), Illinois added a requirement that the 
Department notify, by certified mail, the municipality and county in 
which the surface coal mining operation is located of the Department's 
final administrative decision to release or not to release all or part 
of the performance bond. The counterpart Federal regulation requirement 
at 30 CFR 800.40(e) also requires the regulatory authority to notify 
the municipality by certified mail before the release of all or a 
portion of the bond. We find that Illinois' new requirement is 
consistent with and no less effective than the counterpart requirement 
in the Federal regulation at 30 CFR 800.40(e).

E. 62 IAC 1816.89 (Surface Mining Operations) and 1817.89 (Underground 
Mining Operations) Disposal of Noncoal Mine Wastes

    At 62 IAC 1816.89(b) and 1817.89(b), Illinois is requiring that 
noncoal mine waste disposal areas reclaimed to cropland capability have 
a minimum of four feet of suitable soil cover. There is no counterpart 
Federal requirement for a minimum of four feet of soil cover at 30 CFR 
816.89(b) and 817.89(b). However, the Federal and State regulations for 
soil replacement on prime farmland at 30 CFR 823.14(b) and 62 IAC 
1823.14(a), respectively, require a minimum depth of four feet of soil 
and substitute soil material in most cases. Also, at 62 IAC 
1825.14(a)(3), the Illinois regulation for soil replacement on high 
capability lands requires a minimum depth of four feet of darkened 
surface soil and agricultural root medium with specified exceptions. 
Based on the above discussion, we find that Illinois' requirement for 
soil cover depth at 62 IAC 1816.89(b) and 1817.89(b) is consistent with 
the Federal regulation requirement and other Illinois regulation 
requirements for cropland capable land. Therefore, we are approving 
this requirement.

F. 62 IAC 1817.101 (Underground Mining Operations)--Backfilling and 
Grading: General Requirements

    Illinois revised 62 IAC 1817.101(a) to require that coal operators 
backfill and grade surface areas disturbed incident to underground 
mining activities in accordance with the time schedule approved by the 
Department in the permit, but not later than 12 months after cessation 
of active use as determined by the Department.
    There is no specific Federal regulation counterpart. However, the 
Federal regulation at 30 CFR 817.100 requires that reclamation efforts, 
including backfilling and grading, occur as contemporaneously as 
practicable with underground coal mining operations. It also allows the 
regulatory authority to establish schedules that define contemporaneous 
reclamation. We find that Illinois' regulation requirements at 62 IAC 
1817.101(a) are consistent with and no less effective than the Federal 
regulation requirements for contemporaneous reclamation at 30 CFR 
817.100.

G. Revegetation

    1. 62 IAC 1816.111 (Surface Mining Operations) and 1817.111

[[Page 18240]]

(Underground Mining Operations)--Revegetation: General Requirements. a. 
Illinois revised citation references in 62 IAC 1816.111(b)(5) for the 
Illinois Noxious Weed Law, the Illinois Seed Law, and the Illinois 
Pesticide Act. These changes did not alter the requirements of the 
previously approved provisions in the Illinois regulations. Therefore, 
we find that they will not make the Illinois regulations less effective 
than the Federal regulations.
    b. Previously at 62 IAC 1816.111(d) and 1817.111(d), Illinois 
required that prime farmlands granted an exemption in accordance with 
62 IAC 1785.17(a)(5) must meet the requirements of 62 IAC 1823.15. 
(Illinois' regulation at 62 IAC 1823.15 contains the revegetation 
requirements for prime farmland soils.) Illinois removed this 
requirement. We approved Illinois' removal of its exemption at 62 IAC 
1785.17(a)(5) on May 29, 1996 (61 FR 26801). Therefore, the requirement 
at 62 IAC 1816.111(d) and 1817.111(d) is moot, and its removal is 
appropriate. We find that Illinois' revised regulations at 62 IAC 
1816.111(d) and 1817.111(d) are consistent with and no less effective 
than the counterpart Federal regulations at 30 CFR 816.111(d) and 
817.111(d).
    2. 62 IAC 1816.116 (Surface Mining Operations) and 1817.116 
(Underground Mining Operations)--Success of Revegetation. For areas 
which have incurred five unsuccessful attempts to meet the production 
required by 62 IAC 1816.116/1817.116(a)(3)(C), 1816.116/
1817.116(a)(3)(E), or 62 IAC 1823.15, Illinois added a provision at 62 
IAC 1816.116(b)(2) and 1817.116(b)(2) that requires the person who 
conducts mining activities to initiate a soil compaction and fertility 
testing plan, subject to the approval of the Department. If the plan is 
not initiated, the person who conducts mining activities must initiate 
deep tillage on the areas. Sections 1816.116(a)(3)(C) and 
1817.116(a)(3)(C) provide the production standards for cropland areas. 
Sections 1816.116(a)(3)(E) and 1817.116(a)(3)(E) contain the production 
standards for pasture, hayland, and grazing land. Section 1823.15 
provides the revegetation requirements for prime farmland.
    The Federal regulations at 30 CFR 816.116(b)(1) and 817.116(b)(1) 
provide the revegetation success standards for grazing land and pasture 
land. The Federal regulations at 30 CFR 816.116(b)(2) and 817.116(b)(2) 
contain the revegetation success standards for cropland. The Federal 
regulations at 30 CFR 823.15 provide the revegetation success standards 
for prime farmland. None of these regulations contain a counterpart to 
Illinois' proposed provision. However, we have always maintained that 
the primary responsibility for regulating surface coal mining and 
reclamation operations should rest with the States. The Federal 
regulations for revegetation were specifically written to allow States 
to account for regional diversity in terrain, climate, soils, and other 
conditions where mining occurs. In the May 12, 1983, final rule for 30 
CFR Part 823, we recognized the possibility of alternative reclamation 
approaches by the operator if soil productivity was not restored within 
five or six years after initial planting (48 FR 21446). On November 25, 
1998, we approved a provision for the Arkansas program that required 
the permittee to submit a mitigation plan if he or she could not 
demonstrate revegetation success in the fifth year after completion of 
initial seeding on cropland areas (63 FR 65062). The permittee had to 
include a statement of the problem and a discussion of methods to 
correct the problem. We have historically recognized that compaction of 
soil horizons decreases vegetative growth and crop yields and that deep 
tillage alleviates compaction (30 CFR 823.14(d); 48 FR 21452, 21457, 
May 12, 1983). For the reasons discussed above, we find that the 
proposed revegetation requirements at 30 CFR 816.116(b)(2) and 
817.116(b)(2) will not make the Illinois regulations less effective 
than the Federal regulations at 30 CFR 816.116, 817.116, and 823.15.

H. 62 IAC 1823.14  Prime Farmland: Soil Replacement

    Illinois revised subsection (d) by adding the following new 
requirement:

    In those areas where the B or C horizons were not removed but 
may have been compacted or otherwise damaged during the mining 
operation, the permittee shall engage in deep tillage or other 
appropriate means to restore premining capabilities.

    We find that Illinois' proposed requirement is substantively 
identical to the counterpart Federal regulation requirement at 30 CFR 
823.14(d), and we are approving it.

IV. Summary and Disposition of Comments

Federal Agency Comments

    On August 10, 1999, and February 3, 2000, we asked for comments 
from various Federal agencies who may have an interest in the Illinois 
program amendment (Administrative Record Nos. IL-5045 and IL-5054, 
respectively). We requested comments under section 503(b) of SMCRA and 
30 CFR 732.17(h)(11)(i) of the Federal regulations.
    By letter dated September 2, 1999, the Natural Resources 
Conservation Services (NRCS) provided two comments (Administrative 
Record No. IL-5047). The NRCS commented that:

    (1) For clarity, references to the ``U.S. Department of 
Agriculture, Soil Conservation Service Technical Release No. 60 
(210-VI-TR60, Oct. 1985), Technical Release No. 60 (TR-60)'' should 
be recorded to read ``U.S. Department of Agriculture, Soil 
Conservation Service Technical Release No. 60 (210-VI-TR60, Oct. 
1985), herein after referred to as TR-60.''
    (2) In more than one instance, NRCS IL Technical Standard IL-
378, ``Ponds,'' June 1992 is cited. The NRCS may revise that 
standard at any time and does not archive Technical Guide Standards. 
The State will need to archive a copy of the IL-378, June 1992 for 
future reference.

    The references cited in comment (1) are substantively identical to 
the Federal counterpart references. However, both comments were 
provided to Illinois for its consideration.
    By letter dated February 14, 2000 (Administrative Record No. IL-
5056), the NRCS commented on Illinois' duplication of the design 
requirements under sections 1780.25(a)(2) and 1780.25(a)(3). The NRCS 
recommend that Illinois eliminate subsection (a)(3) and state at 
subsection (a)(2) that all impoundments shall meet the design 
requirements under subsection (a)(2).
    Illinois' regulations at sections 1780.25(a)(2) and 1780.25(a)(3) 
are not inconsistent with the counterpart Federal requirements. However 
this comment was provided to Illinois for its consideration.

Environmental Protection Agency (EPA)

    Under 30 CFR 732.17(h)(11)(i) and (ii), OSM is required to request 
comments and get the written concurrence of the EPA with respect to 
those provisions of the 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 
letters dated August 10, 1999, and February 3, 2000, we requested 
comments from the EPA on the State's amendment (Administrative Record 
Nos. IL-5045 and IL-5054, respectively). The EPA did not respond to our 
request.

[[Page 18241]]

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On August 10, 1999, and February 3, 2000, we requested 
comments on Illinois' amendment (Administrative Record Nos. IL-5045 and 
IL-5054, respectively), but neither responded to our request.

Public Comments

    We requested public comments on the proposed amendment, but did not 
receive any.

V. Director's Decision

    Based on the above findings, we are approving the amendments to the 
Illinois program as submitted by the Department on August 2, 1999, and 
as revised on January 27 and February 1, 2000.
    We approve the regulations that Illinois proposed with the 
provision that they be published in identical form to the regulations 
submitted to and reviewed by OSM and the public. To implement this 
decision, we are amending the Federal regulations at 30 CFR Part 913, 
which codify decisions concerning the Illinois program. We are making 
this final rule effective immediately to expedite the State program 
amendment process and to encourage Illinois to bring its program into 
conformity with the Federal standards. SMCRA requires consistency of 
State and Federal standards.

VI. Procedural Determinations

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget under Executive Order 12866.

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 13132--Federalism

    This rule does not have federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary under SMCRA.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 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

    Section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that a 
decision on a proposed State regulatory program provision does not 
constitute a major Federal action within the meaning of section 
102(2)(C) of the National Environmental Policy Act (NEPA) (42 U.S.C. 
4332(2)(C)). A determination has been made that such decisions are 
categorically excluded from the NEPA process (516 DM 8.4.A).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by the Office of Management and Budget 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 regulation.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    a. Does not have an annual effect on the economy of $100 million.
    b. Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions.
    c. Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S. based enterprises to compete with foreign-based enterprises.
    This determination is based upon the fact that the State submittal 
which is the subject of this rule is based upon counterpart Federal 
regulations for which an analysis was prepared and a determination made 
that the Federal regulation was not considered a major rule.

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

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: March 17, 2000.
Charles E. Sandberg,
Acting 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 in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:

[[Page 18242]]

Sec. 913.15  Approval of Illinois regulatory program amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                         Date of final
         Original amendment  submission date              publication              Citation/description
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
August 2, 1999.......................................     April 7, 2000  62 IAC 1701.Appendix A; 1780.25(a),
                                                                          (a)(1)(A), (a)(2), (a)(2)(A) and (B),
                                                                          (a)(3), (a)(3)(A), (b), (f);
                                                                          1784.14(a); 1784.16(a), (a)(1)(A),
                                                                          (a)(2), (a)(2)(A) and (B), (a)(3),
                                                                          (a)(3)(A) and (B), (b)(1), (f);
                                                                          1784.20(b), (b)(2); 1800.13(c),
                                                                          (d)(2); 1800.40(a)(1), (2), and (3),
                                                                          (b)(2); 1816.46(c)(2); 1816.49(a)(1)
                                                                          and (2), (a)(4)(A) and (B), (a)(5),
                                                                          (a)(6)(A), (a)(10)(A) and (C),
                                                                          (a)(11), (b)(9)(A) and (C), (c)(1) and
                                                                          (2), (c)(2)(B), (c)(2)(B)(i) and (ii);
                                                                          1816.89(b); 1816.111(b)(5), (d);
                                                                          1816.116(a), (b)(2); 1817.41(c), (d),
                                                                          (e); 1817.46(c)(2); 1817.49(a)(1) and
                                                                          (3), (a)(4)(A) and (B), (a)(5),
                                                                          (a)(6)(A), (a)(10)(A), (B), and (C),
                                                                          (a)(11), (b)(7) and (8); (b)(9)(A) and
                                                                          (C), (c)(1), (c)(2), (c)(2)(B)(i) and
                                                                          (ii); 1817.89(b); 1817.101(a);
                                                                          1817.111(d); 1817.116(a)(2)(C),
                                                                          (b)(2); 1823.14(d); 1840.14(b),
                                                                          (c)(2).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 00-8665 Filed 4-6-00; 8:45 am]
BILLING CODE 4310-05-P