[Federal Register Volume 59, Number 22 (Wednesday, February 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2337]


[[Page Unknown]]

[Federal Register: February 2, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

 

Illinois Permanent Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is announcing the approval of a proposed amendment, with 
one condition, to the Illinois permanent regulatory program 
(hereinafter referred to as the Illinois program) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA). The proposed 
amendment was initiated by Illinois to revise the Illinois program to 
address statutory changes to the Surface Coal Mining Land Conservation 
and Reclamation Act (State Act). The amendment is intended to make the 
requirements of the Illinois program no less effective than the Federal 
program.

EFFECTIVE DATE: February 2, 1994.

FOR FURTHER INFORMATION CONTACT:
Mr. James F. Fulton, Director, Springfield Field Office, Office of 
Surface Mining Reclamation and Enforcement, 511 West Capitol Avenue, 
suite 202, Springfield, Illinois 62704, Telephone: (217) 492-4495.

SUPPLEMENTARY INFORMATION: 

I. Background on the Illinois Program
II. Submission of 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. Information pertinent to the general 
background of the Illinois submission, as well as the Secretary's 
findings, the disposition of comments, and a detailed explanation of 
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 are identified at 30 CFR 913.15, 
913.16, and 913.17.

II. Submission of Amendment

    Pursuant to 30 CFR 732.17(b)(3), the Illinois regulatory authority 
notified OSM by letter dated August 17, 1993 (Administrative Record No. 
IL-1500), of a proposed amendment to the Illinois program to 
incorporate statutory changes to the State Act at 225 ILCS 720/2.11 and 
6.01. The statutory changes were enacted through Public Act 88-63 (HB 
2183) and Public Act 88-185 (SB 632) and signed into law on July 7, 
1993, and August 4, 1993, respectively.
    By letter dated November 22, 1993, in response to an issue letter 
prepared by OSM on November 5, 1993, Illinois clarified certain 
provisions of the proposed amendment (Administrative Record No. IL-
1516).
    OSM announced receipt of the proposed amendment in the September 8, 
1993, Federal Register (58 FR 47237) and in the same notice, opened the 
public comment period and provided opportunity for a public hearing on 
the adequacy of the proposed amendment. The comment period closed on 
October 8, 1993.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.17, are the Director's findings concerning the proposed 
amendment to the Illinois program submitted on August 17, 1993. 
Revisions not addressed below involve nonsubstantive working changes.

1. 225 ILCS 720/2.11--Procedures for Approval

    (a) Illinois is proposing to make minor, non-substantive language 
changes at sections 2.11(a), (b), (c), and (g) to clarify the 
provisions of these sections. The Director finds that the proposed 
revisions are in accordance with section 514 of SMCRA.
    (b) At section 2.11(c), Illinois is also proposing to prohibit any 
party to a formal adjudicatory hearing under this subsection from 
seeking judicial review of the Department's final decision on the 
permit application until after the issuance of the hearing officer's 
written decision granting or denying the permit. Additionally, notices 
of permit decision hearings must be published seven to fourteen days 
before the hearing and comply with certain size and placement 
requirements.
    In a letter to OSM dated November 22, 1993 (Administrative Record 
No. IL-1516), Illinois clarified that: (a) A permit applicant must seek 
administrative review prior to seeking judicial review under the 
provisions of section 2.11(f); (b) the provisions in section 2.11(c) 
pertaining to exhaustion of administrative remedies would not apply to 
the hearing officer's final written decision for temporary relief under 
section 2.11(e); and (c) if the hearing officer fails to act within 
prescribed time frames, judicial review of his failure to act is 
required per the implementing provisions of 62 Ill. Admin. Code 
1847.3(1)(2).
    Although section 514(f) of SMCRA does not contain the provision 
proposed at section 2.11(c) pertaining to judicial review, the Federal 
regulations at 30 CFR 775.13(a)(2) provide for judicial review if a 
hearing or regulatory authority fails to render a decision within the 
specified time limits. The Director finds that the proposed revision 
when read in conjunction with 62 Illinois Administrative Code 
1847.3(1)(2) is consistent with the Federal regulations at 30 CFR 
775.13(a)(2).
    Section 514(c) of SMCRA does not contain the provision proposed at 
section 2.11(c) pertaining to notices of permit decision hearings. 
However, the Director finds the proposed revision in accordance with 
the requirements of section 514(c) of SMCRA.

2. 225ILCS 720/6.01--Requirement of a Bond

    Illinois is proposing to add a provision at section 6.01(b) to 
permit the Department to accept the bond of the applicant, without 
separate surety, when the applicant demonstrates to the Department's 
satisfaction the existence of a suitable agent to receive service of 
process, a history of financial solvency and continuous operation, and 
a current financial soundness sufficient for authorization to self-
insure or bond the required amount.
    The Director finds that the new section 6.01(b) is not less 
stringent than the provisions of section 509(c) of SMCRA to the extent 
that states are provided with the authority to establish self-bonding 
systems. However, prior to implementation of this statutory amendment, 
the Director is requiring that Illinois submit and receive the approval 
by OSM of supporting regulations to implement the self-bonding 
provisions of the statute.

IV. Summary and Disposition of Comments

Public Comments

    The public comment period and opportunity to request a public 
hearing announced in the September 8, 1993, Federal Register (58 FR 
47237) ended on October 8, 1993. No comments were received and the 
scheduled public hearing was not held since no one requested an 
opportunity to provide testimony.

Agency Comments

    Pursuant to section 503(b) of SMCRA and the implementing 
regulations at 30 CFR 732.17(h)(11)(i), comments were solicited from 
various Federal agencies with an actual or potential interest in the 
Illinois program. None were received.

EPA Concurrence

    Under 30 CFR 732.17(h)(11)(ii), the Director is required to obtain 
the written concurrence of the Administrator of the Environmental 
Protection Agency (EPA) with respect to any provisions of a State 
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.). Although the 
Director has determined that this amendment contains no provisions in 
these categories, the EPA concurred with the proposed amendment.

V. Director's Decision

    Based on the above findings, the Director is approving the 
amendment to the Illinois regulatory program submitted on August 17, 
1993, with one condition specified in Finding 2.
    The Federal rules at 30 CFR part 913 concerning the Illinois 
program are being amended to implement the Director's decision. This 
final rule is being made effective immediately to expedite the State 
program amendment process and to encourage States to conform their 
programs to the Federal standards without delay. Consistency of State 
and Federal standards is required by SMCRA.

Effect of the 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 State program be submitted to OSM for review as a program 
amendment. Thus, any changes to the State program are not enforceable 
until approved by OSM. The Federal regulations at 30 CFR 732.17(g) 
prohibit any unilateral changes to approved State programs. In his 
oversight of the Illinois program, the Director will recognize only the 
statutes, regulations and other materials approved by him, together 
with any consistent implementing policies, directives and other 
materials, and will require the enforcement by Illinois of such 
provisions.

VI. Procedural Determinations

Executive Order 12866

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

Executive Order 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 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 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. Hence, 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: January 26, 1994.
Carl C. Close,
Assistant Director, Eastern Support Center.

    For the reasons set out in the preamble, title 30, chapter VII, 
subchapter T of the Code of Federal Regulations 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. In section 913.15, a new paragraph (p) is added to read as 
follows:


Sec. 913.15  Approval of regulatory program amendments.

* * * * *
    (p) The following amendment, as submitted to OSM on August 17, 
1993, is approved effective February 2, 1994. The amendment consists of 
the following modifications to the Illinois program:
    1. Revisions of the following statutes of the Illinois Surface Coal 
Mining Land Conservation and Reclamation Act:

225 ILCS 720 Section 2.11 (a), (b), (c), (g)--Procedures for Approval
225 ILCS 720 Section 6.01(b)--Requirement of a Bond

    2. In section 913.16, a new paragraph (v) is added to read as 
follows:


Sec. 913.16  Required program amendments.

* * * * *
    (v) Prior to implementing the self-bonding statute at 225 ILCS 720/
6.01(b), Illinois shall submit and receive approval by OSM of 
implementing regulations for the self-bonding provisions.

[FR Doc. 94-2337 Filed 2-1-94; 8:45 am]
BILLING CODE 4310-05-M