[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Rules and Regulations]
[Pages 35029-35035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12461]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 913
[IL-101-FOR]
Illinois Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSM), are approving an amendment to the Illinois regulatory program
(Illinois program) under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act). The Illinois Department of Natural
Resources, Office of Mines and Minerals (Illinois or Department)
proposed revisions to its regulations about regulatory coordination
with requirements under other laws, permit processing requirements,
permit fees, right of entry, performance bonds, revegetation timing,
standards for measuring revegetation success of herbaceous wildlife
vegetation, affected acreage, use of explosives, high capability lands,
suspension or revocation of permits, and public and administrative
hearings. Illinois also proposed to correct or remove outdated
references in several regulations. Illinois revised its program to be
consistent with the corresponding Federal regulations, to clarify
ambiguities, and to improve operational efficiency.
EFFECTIVE DATE: May 17, 2002.
FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director,
Indianapolis Field Office. Telephone:
[[Page 35030]]
(317) 226-6700. Internet: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Illinois Program
II. Submission of the Amendment
III. OSM's Findings
IV. Summary and Disposition of Comments
V. OSM's Decision
VI. Procedural Determinations
I. Background on the Illinois Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its State program includes, among other things, ``. . . a State law
which provides for the regulation of surface coal mining and
reclamation operations in accordance with the requirements of this Act
. . .; and rules and regulations consistent with regulations issued by
the Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7).
On the basis of these criteria, the Secretary of the Interior
conditionally approved the Illinois program on June 1, 1982. 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 23858). You
can also find later actions concerning the Illinois program and program
amendments at 30 CFR 913.15, 913.16, and 913.17.
II. Submission of the Amendment
By letter dated October 15, 2001 (Administrative Record No. IL-
5073), Illinois sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.). Illinois sent the amendment at its own
initiative. Illinois proposed to amend its surface coal mining and
reclamation regulations at Title 62 of the Illinois Administrative Code
(IAC).
We announced receipt of the amendment in the November 27, 2001,
Federal Register (66 FR 59201). In the same document, we opened the
public comment period and provided an opportunity for a public hearing
or meeting on the amendment's adequacy. We did not hold a public
hearing or meeting because no one requested one. The public comment
period ended on December 27, 2001. We received comments from one
Federal agency.
During our review of the amendment, we identified some editorial
problems. We notified Illinois of these concerns by letter dated
January 7, 2002 (Administrative Record No. IL-5075).
By letter dated March 6, 2002 (Administrative Record No. IL-5076),
Illinois sent us revisions to its proposed program amendment. Because
the revisions merely clarified certain provisions of Illinois'
amendment, we did not reopen the public comment period.
III. OSM's Findings
Following are the findings we made concerning the amendment under
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are
approving the amendment as described below.
Any revisions that we do not discuss below concern nonsubstantive
wording or editorial changes or revised cross-references and paragraph
notations to reflect organizational changes resulting from this
amendment.
A. Minor Revisions to Illinois' Regulations
1. Illinois removed its current office address and added a
reference to the ``Department's Springfield office'' at 62 IAC
1700.12(a), Petitions to Initiate Rulemaking; 62 IAC 1780.21(a) and
1784.14(a), Hydrologic Information; 62 IAC 1816.116(a)(2)(C), (5)(A)
and 1817.116(a)(2)(C), (5)(A), Standards for Success of Revegetation;
and 62 IAC 1846.17(b)(1), Procedure for Assessment of Individual Civil
Penalty. Illinois made these changes so the regulations would not have
to be corrected because of future address changes.
The proposed changes do not alter the requirements of these
previously approved provisions in the Illinois regulations. Therefore,
we find that they will not make Illinois' regulations less effective
than the corresponding Federal regulations.
2. Illinois made minor wording changes, corrected citation
references, and simplified its use of numbers in 62 IAC 1700.11,
Applicability; 62 IAC 1700.12, Petitions to Initiate Rulemaking; 62 IAC
1773.12, Regulatory Coordination with Requirements under Other Laws; 62
IAC 1773.13, Public Participation in Permit Processing; 62 IAC 1777.17,
Permit Fees; 62 IAC 1780.21, Hydrologic Information; 62 IAC 1785.23,
Minor Underground Mine Facilities; 62 IAC 1800.11, Requirement to File
a Bond; 62 IAC 1816.41, Hydrologic Balance Protection; 62 IAC 1816.113,
Revegetation Timing; 62 IAC 1816.116, Revegetation Standards for
Success; 62 IAC 1816.117, Revegetation--Tree, Shrub, and Herbaceous
Wildlife Vegetation; 62 IAC 1817.66, Use of Explosives--Blasting Signs,
Warnings, and Access Control; 62 IAC 1817.116, Revegetation Standards
for Success; 62 IAC 1817.117, Revegetation--Tree, Shrub, and Herbaceous
Vegetation; 62 IAC 1825.14, Soil Replacement on High Capability Lands;
62 IAC 1843.13, Suspension or Revocation of Permits; 62 IAC 1846.17,
Procedure for Assessment of Individual Civil Penalty; 62 IAC 1847.3,
Permit and Related Administrative Hearings; and 62 IAC 1847.9, Bond
Release Public Hearings.
Because these revisions do not change the meaning of Illinois'
previously approved regulations, we find that they will not make
Illinois' regulations less effective than the corresponding Federal
regulations.
B. Illinois Interagency Committee on Surface Mining Control and
Reclamation (Interagency Committee)
1. Illinois removed the language from 62 IAC 1773.12 that required
the Interagency Committee to review permit applications and provide the
Department with comments and recommendations for coordination with
requirements under other specified laws and regulations. Illinois added
language that requires the Department to provide for the coordination
of review and issuance of permits with requirements under other
specified laws and regulations. Illinois made these revisions because
Illinois Public Act 90-0490 abolished the Interagency Committee through
an amendment to 225 Illinois Compiled Statutes (ILCS) 720/1.05 in 1997.
The amendment to 225 ILCS 720/1.05 also delegated all programmatic
functions formerly performed by the Interagency Committee to the
Department. The Interagency Committee was originally created to review
permit applications and provide comments to the Department on
protection of the hydrologic system, water pollution control, the
reclamation plan, soil handling techniques, dams and impoundments, and
postmining land use.
On November 21, 2001, we approved the amendment to 225 ILCS 720/
1.05 because the Department had increased its technical expertise in
all areas needed to perform the programmatic functions formerly
performed by the Interagency Committee (66 FR 58371). Also, the
Department has the authority under 225 ILCS 720/9.04 to delegate
responsibilities, other than final action on permits, to other State
agencies with the authority and technical expertise to carry out such
responsibilities. For the same reasons, we find that Illinois' revised
regulation at 62 IAC 1773.12 meets the requirements of and is no less
effective than the counterpart Federal regulation at 30 CFR 773.5.
2. Illinois also deleted references to the ``Interagency
Committee'' from 62
[[Page 35031]]
IAC 1700.11(b), Applicability; 62 IAC 1780.21(f)(3)(D)(v), Hydrologic
Information (Surface Mining Operations); and 1784.14(e)(3)(C)(v),
Hydrologic Information (Underground Mining Operations). These
regulations required the Department to send copies of permit
applications and exemption requests to the Interagency Committee for
review and comment. Illinois removed the references because Illinois
Public Act 90-0490 abolished the Interagency Committee in the amendment
to 225 ILCS 720/1.05. As discussed above in finding B.1, the Department
performs the programmatic functions formerly performed by the
Interagency Committee. This includes technical reviews of applications
and exemption requests. Therefore, we find that the proposed deletions
will not make Illinois' regulations less effective than the counterpart
Federal regulations.
C. 62 IAC 1773.13 Public Participation in Permit Processing
1. Illinois revised 62 IAC 1773.13(a)(1)(B) to require that the map
or description of the proposed permit area published as part of the
public notice advertising a permit, revision, or renewal application
include the shadow area for underground mines. If the application
includes a shadow area, the applicant must differentiate between the
permit area and shadow area on the map or in the description. Illinois
defines ``shadow area'' to mean ``any area beyond the limits of the
permit area in which underground mine workings are located.''
The counterpart Federal regulation at 30 CFR 773.6(a)(1)(ii) does
not specifically require the applicant to include the area over
underground workings on the map or in the description. However, by
specifying only the minimum contents of the advertisement, the Federal
regulation at 30 CFR 773.6(a)(1) allows regulatory authorities to
require applicants to include in the advertisement any additional
information that they consider necessary. Therefore, we find that
Illinois' revision will not make 62 IAC 1773.13(a)(1)(B) less effective
than the counterpart Federal regulation at 30 CFR 773.6(a)(1)(ii).
2. Illinois revised 62 IAC 1773.13(a)(2) to require the applicant
to file an additional copy of any changes to the permit application
with the Department. The Department will then forward the additional
copy to the county clerk at the courthouse where the permit application
is filed. The corresponding Federal regulation at 30 CFR 773.6(a)(2)
requires the applicant to file any changes to the application with the
public office at the same time the change is submitted to the
regulatory authority. Accessibility to local residents is the intent
behind this local filing requirement. We find that Illinois' revised
regulation is no less effective than the Federal regulation in meeting
this intent. Therefore, we are approving the revision to 62 IAC
1773.13(a)(2).
D. 62 IAC 1773.15 Review of Permit Applications
Illinois revised 62 IAC 1773.15(a)(1) by restructuring its existing
requirements and adding a new provision at paragraph (a)(1)(B)(i) that
requires the applicant to submit modifications to the Department within
one year of being notified of the need for them. If the applicant does
not submit the required modifications to the Department within one
year, the Department will issue a written finding denying the
application. The Department may issue an extension to this time limit
if the applicant can demonstrate just cause for doing so. Examples of
just cause include extended periods of illness, extreme inclement
weather, acts of civil unrest, or other emergency situations.
Although there is no exact Federal counterpart to the new
provision, the corresponding Federal regulation at 30 CFR 773.7(a)
allows the regulatory authority discretion to establish a reasonable
time for processing permits. Thus, we find that Illinois' revisions
will not make 62 IAC 1773.15(a)(1) less effective that the
corresponding Federal regulation.
E. 62 IAC 1777.17 Permit Fees
Illinois restructured and redesignated the existing provisions at
subsections (a) through (c) as new subsections (b) through (d).
Illinois revised and redesignated existing subsection (d) as new
subsection (e). Illinois then added a new provision at subsection (a).
The new provision at subsection (a) and the revised provision at
subsection (e) read as follows:
(a) After a permit application under 62 Ill. Adm. Code 1772
through 1785 has been deemed approvable, but before a permit is
issued in accordance with 62 Ill. Adm. Code 1773.19, the Department
shall notify the applicant in writing of the amount of fee required
for the permit.
(e) Failure to submit permit fees within 1 year after
notification of the required fee amount shall result in the
application being deemed null and void. The Department may issue an
extension to this time limit if the applicant can demonstrate just
cause (e.g., extended periods of illness, extreme inclement weather,
acts of civil unrest, or other emergency situations) for doing so.
The Federal regulation at 30 CFR 777.17 requires a permit
application to be accompanied by a fee determined by the regulatory
authority. It also allows the regulatory authority to develop
procedures for the method of payment. We find that the new provision at
62 IAC 1777.17(a) and the revised provision at 62 IAC 1777.17(e) are
consistent with these Federal requirements.
F. 62 IAC 1778.15 Right of Entry Information
Illinois removed a reference to planned subsidence operations from
subsection (e). As revised, this subsection requires applicants,
claiming to have valid existing rights to conduct surface coal mining
operations within an area where mining is prohibited or limited, to
submit specified information in their permit applications.
There is no Federal counterpart to Illinois regulation at 62 IAC
1778.15(e). However, we find that removal of the reference to planned
subsidence operations from 62 IAC 1778.15(e) does not adversely affect
other aspects of the Illinois program and is not inconsistent with the
right of entry provisions of the Federal regulations at 30 CFR 778.15.
G. 62 IAC 1785.23 Minor Underground Mine Facilities Not at or Adjacent
to the Processing or Preparation Facility or Area
Illinois proposes to revise 62 IAC 1785.23(d)(4) by removing a
reference to the ``Interagency Committee'' and adding a reference to
``other state agencies.'' The revised paragraph reads as follows:
Other state agencies deemed appropriate by the Department shall
be given copies of the application and provided 30 days from the
date of receipt to submit comments.
Illinois originally adopted 62 IAC 1785.23 to take into account the
distinct differences, between surface and underground mining. This
category of facilities, which includes air shafts, fan and ventilation
buildings, small support buildings or sheds, access power holes, and
other small structures, would be subject to an abbreviated permit
application and review period on the basis that these types of
structures have a very minimal impact on the land and the environment.
There is no Federal counterpart to these previously approved
provisions.
Illinois removed the reference to the ``Interagency Committee''
because Illinois Public Act 90-0490 abolished the Interagency Committee
in an amendment to 225 ILCS 720/1.05. As discussed above in finding
B.1, the
[[Page 35032]]
Department has the authority under 225 ILCS 720/9.04 to delegate
responsibilities, other than final action on permits, to other State
agencies with the authority and technical expertise to carry out such
responsibilities. This includes the review of permit applications.
While there is no direct Federal counterpart to 62 IAC 1785.23, we find
that the revision to paragraph (d)(4) is not inconsistent with the
permit application review provisions of 30 CFR 773.6.
H. 62 IAC 1800.11 Requirement to File a Bond
Illinois is revising 62 IAC 1800.11(a) to require the Department to
notify a permit applicant in writing of the amount of bond required to
ensure reclamation of the permit area. The permit applicant then has
one year to submit a performance bond. The Department will consider the
permit application null and void if the applicant does not submit the
bond within the time specified. The Department may issue an extension
of the time limit if the applicant can demonstrate just cause for doing
so. Examples of just cause include extended periods of illness, extreme
inclement weather, acts of civil unrest, or other emergency situations.
Although the Federal regulation at 30 CFR 800.11(a) does not
include these provisions, we find that they are not inconsistent with
the Federal requirements for filing a performance bond.
I. 62 IAC 1800.40 Requirement to Release Performance Bonds
At 62 IAC 1800.40, Illinois reversed the order of the provisions in
existing subsections (d) and (e) and revised them as discussed below.
1. Redesignated subsection (d) concerns the right that specified
persons have to file objections to a proposed bond release. Illinois is
revising this subsection by adding language to specify that these
persons also have the right to file ``a written request for hearing.''
Illinois added this language to clarify that a public hearing must be
requested.
Although the counterpart Federal regulation at 30 CFR 800.40(f)
does not contain the proposed language, it does indicate that a hearing
must be requested. Thus, we find that 62 IAC 1800.40(d) is no less
effective than the counterpart Federal regulation.
2. Redesignated subsection (e) concerns the right that the
permittee, the surety, and any person with an interest in collateral
posted as a bond have to request a hearing if the Department
disapproves an application for release of bond. Illinois revised this
subsection to provide these persons with an opportunity to request an
administrative hearing in accordance with the procedures of 62 IAC
1847.3. Currently, Illinois provides an opportunity for a public
hearing.
The counterpart Federal regulation at 30 CFR 800.40(d) also
provides these persons with an opportunity for a public hearing.
However, Illinois' allowance for a formal administrative hearing will
provide an increased level of due process for those persons most
affected by a final decision to disapprove a bond release application.
Therefore, we find that Illinois' regulation at 62 IAC 1800.40(e) is no
less effective than the counterpart Federal regulation.
J. 62 IAC 1816.113 (Surface Mining) and 62 IAC 1817.113 (Underground
Mining) Revegetation Timing
Illinois is adding a new provision at subsection (b) to establish a
time frame for the planting of trees and shrubs. Illinois is requiring
trees and shrubs to be planted within two years after replacement of
the plant-growth medium. Illinois' regulations at 62 IAC 1816.117 and
1817.117 require that vegetation for areas to be developed for fish and
wildlife habitat (including shelter belts), recreation, and forest
products include tree and shrub populations and vegetative ground
cover.
The counterpart Federal regulations at 30 CFR 816.113 and 817.113
concerning revegetation timing do not contain a specific time frame for
the planting of trees and shrubs. However, Illinois' proposal would
allow sufficient time for vegetative ground cover to become well
established before the trees and shrubs are planted. By requiring that
trees and shrubs be planted within two years, the provision ensures
contemporaneous reclamation for areas to be developed for fish and
wildlife habitat (including shelter belts), recreation, and forest
products. Therefore, we find that a two-year time frame is reasonable
for the planting of trees and shrubs. Thus the proposed provision at 62
IAC 1816.116 (b) and 1817.113(b) will not make Illinois' regulations
less effective than the counterpart Federal regulations.
K. 62 IAC 1816.117 (Surface Mining) and 62 IAC 1817.117 (Underground
Mining) Revegetation-Tree, Shrub, and Herbaceous Wildlife Vegetation
Illinois added new subsection (e) to its regulations at 62 IAC
1816.117 and 1817.117 to provide a standard for measuring revegetation
success for areas reclaimed to herbaceous vegetation.
1. The first provision in new subsection (e) specifies that
vegetative ground cover of approved species must not be less than
required to achieve the approved postmining land use for areas where
herbaceous vegetation plants are used for fish and wildlife habitat
(including shelter belts) or recreation land uses. The herbaceous
vegetation must also be adequate to control erosion, and must not be
less than 70 percent during the last year of the responsibility period.
Although the Federal regulations at 30 CFR 816.116(b)(3)(iii) and
817.116(b)(3)(iii) do not contain specific standards for measuring the
revegetation success of herbaceous vegetation, they do specify that
vegetative ground cover must not be less than that required to achieve
the approved postmining land use. In the preamble for the Federal
regulations (48 FR 40152, September 2, 1983), we noted that the
regulations were written in a general form because of the variation in
natural ground cover conditions throughout the States. We further
indicated that each State would either need to require the use of
reference areas, to specify minimum levels of ground cover as a
percentage of surface area, or to adopt some other acceptable standard.
The additional standards proposed by Illinois are acceptable for
determining revegetation success of herbaceous vegetative ground cover
for fish and wildlife habitat (including shelter belts) and recreation
land uses. Therefore, we find that this provision at 62 IAC 1816.117(e)
and 1817.117(e) is no less effective than the counterpart Federal
requirements for ground cover success.
2. Illinois also added a provision to subsection (e) that allows
the Department to approve planting arrangements such as hedgerows,
border plantings, clump plantings, shelterbelts, and open herbaceous
areas, which increase diversity within wildlife areas, on a case-by-
case basis before these areas are planted.
The Federal regulations at 30 CFR 816.116(b)(3)(i) and
817.116(b)(3)(i) require minimum stocking and planting arrangements to
be specified by the regulatory authority on the basis of local and
regional conditions. Therefore, we find that the proposed provision
will not make Illinois' regulations at 62 IAC 1816.117(e) and
1817.117(e) less effective than the Federal regulations.
L. 62 IAC 1816.190 Affected Acreage Map
Illinois revised 62 IAC 1816.190(b) to require that areas affected
by auger mining must be shown on the annual affected acreage reports
and maps.
[[Page 35033]]
Currently, Illinois requires only that the reports and maps show
affected surface areas.
There are no direct counterpart Federal regulations that require
permittees to submit affected acreage reports and maps. However section
517(b)(1) of SMCRA provides that ``the regulatory authority shall
require any permittee to (A) establish and maintain appropriate
records, * * * and (E) provide such other information relative to
surface coal mining and reclamation operations as the regulatory
authority deems reasonable and necessary.'' Therefore, we find the
proposed revision to 62 IAC 1816.190(b) would not make the Illinois
regulations inconsistent with SMCRA or the Federal regulations.
M. 62 IAC 1817.64 Use of Explosives-General Performance Standards
Illinois revised 62 IAC 1817.64(c) by replacing the existing
language with the following language:
(c) All blasting shall be conducted between sunrise and sunset
unless nighttime blasting is approved by the Department based upon a
showing by the operator that the public will be protected from
adverse noise and other impacts. Protection from adverse noise may
include alternatives to the audible warning requirement specified in
Section 1817.66(b). The Department may specify more restrictive time
periods for blasting.
As revised, 62 IAC 1817.64(c) contains substantively the same
standards for the use of explosives as the counterpart Federal
regulation at 30 CFR 817.64(c). Therefore, we find that Illinois'
regulation is no less effective than the counterpart Federal
regulation.
N. 62 IAC 1817.66 Use of Explosives-Blasting Signs, Warnings, and
Access Control
Illinois revised 62 IAC 1817.66(b) by removing the following
sentence: ``The requirement to supply daily notice may be fulfilled by
the audible warning signals.''
As revised, 62 IAC 1817.66(b) is substantively identical to the
counterpart Federal regulation at 30 CFR 817.66(b). Therefore, we find
that Illinois' regulation is no less effective than the counterpart
Federal regulation.
O. 62 IAC 1825.14 High Capability Lands
Illinois revised 62 IAC 1825.14(e)(2) to require permittees to do
soil compaction alleviation on lands reclaimed to high capability
standards unless it can be shown that the productivity standards of 62
IAC 1816.116(a)(3)(C) have been, or could be, met without compaction
alleviation on areas reclaimed in a similar manner. Illinois'
regulation at 62 IAC 1816.116(a)(3)(C) provides the productivity
standards for revegetation success of cropland areas.
There are no direct Federal counterparts to Illinois' regulations
for high capability lands. However, we find that the revisions proposed
at 62 IAC 1825.14(e)(2) concerning soil compaction alleviation do not
adversely affect other aspects of the Illinois program and are not
inconsistent with the topsoil and subsoil provisions of the Federal
regulations at 30 CFR 816.22 and 817.22.
P. 62 IAC 1843.13 Suspension or Revocation of Permits
Illinois revised 62 IAC 1843.13(c) by adding a new paragraph at
(c)(3) that requires the Department to notify the surety or other bond
holder in writing when it issues a show cause order to the permittee.
The counterpart Federal regulation at 30 CFR 843.13 does not
contain this requirement. However, we find that notifying the surety or
other bond holder of a show cause order is not inconsistent with any of
the requirements of the counterpart Federal regulation.
Q. 62 IAC 1847.3 Permit and Related Administrative Hearings
Illinois revised 62 IAC 1847.3(a) to clarify that the procedures
outlined in this section also apply to review of bond release decisions
under 62 IAC 1847.9(i). Illinois also added a provision that provides
that a request for hearing is deemed filed the day it is received by
the Department. Illinois' regulation at 62 IAC 1847.3 consolidates the
procedures for most of the formal reviews provided for in the Illinois
program. Illinois' regulation at 62 IAC 1847.9 provides for a public
hearing on applications for bond release. It allows persons who either
filed written objections to the bond release or were a party to the
public hearing to request an administrative hearing on the Department's
final decision on the bond release application in accordance with the
procedures of 62 IAC 1847.3.
The Federal regulations at 30 CFR 800.40 do not specifically
provide for administrative hearings for decisions pertaining to bond
release. However, the Federal regulations at 43 CFR 4.1280-4.1286 do
allow appeals from Federal decisions that are not required by SMCRA to
be determined by formal adjudication. Therefore, we find that allowing
formal administrative hearings for decisions pertaining to bond release
is not inconsistent with the Federal regulations. We also find that
Illinois' provision concerning the filing date of a hearing request is
consistent with the Federal filing requirements for documents
initiating hearing proceedings at 43 CFR 4.1107(f).
R. 62 IAC 1847.9 Bond Release Public Hearings
Illinois revised 62 IAC 1847.9 to provide a public hearing for bond
releases. Currently Illinois only provides an administrative hearing
for bond releases in this section. The Department will use the
provisions in this revised section for public hearings on proposed bond
releases. The Department will serve each party who participated in the
public hearing with the Department's final bond release decision. Then
the participants may request an administrative hearing on the
Department's final decision in accordance with the procedures in 62 IAC
1847.3.
The Federal regulation at 30 CFR 800.40 also provides for public
hearings on proposed bond releases. The Federal regulations specify
general provisions that States must include in their public hearing
procedures, but allow the States discretion in how to implement these
provisions. We find that Illinois' provisions for public hearing at 62
IAC 1847.9 are consistent with the Federal requirements at 30 CFR
800.40(f) and (g) for public hearings on proposed bond releases.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment, but did not receive
any.
Federal Agency Comments
Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we
requested comments on the amendment from various Federal agencies with
an actual or potential interest in the Illinois program (Administrative
Record No. IL-5073A). The Natural Resources Conservation Service
responded on November 8, 2001 (Administrative Record No. IL-5074), that
it had no exception to any of the amendments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from the EPA for those provisions of the program amendment
that relate to air or water quality standards issued 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
[[Page 35034]]
in this amendment pertain to air or water quality standards. Therefore,
we did not ask the EPA to concur on the amendment.
Under 30 CFR 732.17(h)(11)(i), we requested comments on the
amendment from the EPA (Administrative Record No. IL-5073A). The EPA
did not respond to our request.
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 October 25, 2001, we requested comments on Illinois'
amendment (Administrative Record No. IL-5073A), but neither responded
to our request.
V. OSM's Decision
Based on the above findings, we approve the amendment as submitted
by Illinois on October 15, 2001, and as revised on March 6, 2002.
We approve the regulations proposed by Illinois with the provision
that they be fully promulgated 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 find that good cause exists under 5 U.S.C. 553(d)(3) to
make this final rule effective immediately. Section 503(a) of SMCRA
requires that the State's program demonstrate that the State has the
capability of carrying out the provisions of the Act and meeting its
purposes. Making this rule effective immediately will expedite that
process. SMCRA requires consistency of State and Federal standards.
VI. Procedural Determinations
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 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget under Executive Order 12866.
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 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 because
each 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
the Federal regulations at 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.
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 pursuant to SMCRA.
Executive Order 13211--Regulations That Significantly Affect The
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
that is (1) considered significant under Executive Order 12866, and (2)
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Because this rule is exempt from review
under Executive Order 12866 and is not expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because 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 certifies 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. 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.
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; and (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 an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. 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 did not impose an
unfunded mandate.
[[Page 35035]]
List of Subjects in 30 CFR Part 913
Intergovernmental relations, Surface mining, Underground mining.
Dated: April 11, 2002.
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:
913.15 Approval of Illinois regulatory program amendments.
* * * * *
----------------------------------------------------------------------------------------------------------------
Original amendment submission date Date of final publication Citation/description
----------------------------------------------------------------------------------------------------------------
* * * * * * *
October 15, 2001................... May 17, 2002............... 62 IAC 1700.11(a), (b); 1700.12(a), (d);
1773.12; 1773.13; 1773.15(a), (b), (c);
1777.17; 1778.15(e); 1780.21(a), (b), (e),
(f), (g), (i), (j); 1784.14(a), (e);
1785.23(d), (e); 1800.11(a); 1800.40(a), (c),
(d), (e); 1816.41(c), (d), (e); 1816.113(b);
1816.116(a); 1816.117(a), (c), (d), (e);
1816.190(b); 1817.64; 1817.66(b);
1817.113(b); 1817.116(a); 1817.117(a), (c),
(d), (e); 1825.14(a), (b), (e); 1843.13(a),
(c), (d); 1846.17(b); 1847.3(a), (b), (e),
(f), (i), (j); 1847.9.
----------------------------------------------------------------------------------------------------------------
3. Section 913.17 is amended by revising the section heading to
read as follows:
913.17 State regulatory program provisions and amendments not
approved.
* * * * *
[FR Doc. 02-12461 Filed 5-16-02; 8:45 am]
BILLING CODE 4310-05-P