[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2569]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

 

Illinois Regulatory Program

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

ACTION: Proposed rule; public comment period and opportunity for public 
hearing.

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SUMMARY: OSM is announcing receipt 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 consists of revisions to 23 parts of Title 62 of 
the Illinois Administrative Code (IAC) pertaining to permit fees, 
definitions, financial interests, coal exploration, permitting, 
environmental resources, reclamation plans, special categories of 
mining, small operator assistance, bonding, performance standards, 
inspection, enforcement, civil penalties, administrative and judicial 
review, and certification of blasters. The amendment is intended to 
revise the Illinois program to be consistent with the corresponding 
Federal regulations, incorporate the additional flexibility afforded by 
the recently revised Federal regulations, provide additional 
safeguards, clarify ambiguities, and improve operational efficiency.

DATES: Written comment must be received by 4:00 p.m., [C.S.T.], 
November 17, 1994. If requested, a public hearing on the proposed 
amendment will be held on November 14, 1994. Requests to speak at the 
hearing must be received by 4:00 p.m., [C.S.T.], on November 2, 1994.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Mr. James F. Fulton, Director, 
Springfield Field Office, at the address listed below.
    Any disabled individual who has need for a special accommodation to 
attend a public hearing should contact the individual listed under FOR 
FURTHER INFORMATION CONTACT.
    Copies of the Illinois program, the proposed amendment, a listing 
of any scheduled public hearings, and all written comments received in 
response to this document will be available for public review at the 
addresses listed below during normal business hours, Monday through 
Friday, excluding holidays. Each requester may receive one free copy of 
the proposed amendment by contacting OSM's Springfield Field Office.
    James F. Fulton, Director, Springfield Field Office, Office of 
Surface Mining Reclamation and Enforcement, 511 West Capitol, Suite 
202, Springfield, Illinois 62704, Telephone: (217) 492-4495.
    Illinois Department of Mines and Minerals, 300 West Jefferson 
Street, Suite 300, Springfield Illinois 62791, Telephone (217) 782-
4970.

FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Director, Springfield Field Office, Telephone: (217) 
492-4495.

SUPPLEMENTARY INFORMATION:

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. Description of the Proposed Amendment

    By letter dated September 23, 1994, (Administrative Record No. IL-
1600) Illinois submitted a proposed amendment to its program pursuant 
to SMCRA. Illinois submitted the proposed amendment in response to an 
August 5, 1993, letter (Administrative Record No. IL-1400) that OSM 
sent to Illinois in accordance with 30 CFR 732.17(c), in response to 
required program amendments at 30 CFR 913.16 (s), (t), (u), and (v), 
and at its own initiative. The provisions of the 23 parts of Title 62 
of the Illinois Administrative Code (IAC) that Illinois proposes to 
amend are discussed below.

A. 62 IAC 1700.16. Fees and Forfeitures

    Illinois is amending subsection (a) by requiring that fees 
collected under the provision of the State Act be deposited in the Coal 
Mining Regulatory Fund, rather than the general revenue fund. This 
proposed amendment reflects recent statutory changes to the Surface 
Coal Mining Land Conservation and Reclamation Act (State Act) at 225 
ILCS 720/9/07.

B. 62 IAC 1701. Appendix A Definitions

    The definition of ``coal exploration'' is revised by adding the 
following specific exclusions. Coal exploration does not include 
scientific research which is not related to specific plans to locate 
and/or describe coal deposits, or activities the Department determines 
do not substantially disturb the land involved. Coal exploration also 
does not include exploration for minerals other than coal.
    The definition of ``historic lands'' is revised by adding a 
reference to Illinois' regulations at 62 IAC 1762 and 1764.
    The following new definition pertaining to remining is added. 
``Land eligible for remining'' means those lands that would otherwise 
be eligible for expenditures under Section 402(g)(4) or Section 404 of 
the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1232(g)(4), 1234).
    The definition of ``substantially disturb,'' for purposes of coal 
exploration, is revised to exclude impact to air by blasting.

C. 62 IAC 1705. Restriction on Financial Interests of State Employees

    Illinois is proposing to revise the following sections of part 
1705.
1. Section 1705.2  Objectives
    Illinois revised subsection (a) by updating the state statute 
citation.
2. Section 1705.15  Where to File
    Section 1705.15 is proposed to be amended by requiring employees to 
file their financial interest statements with the Department's internal 
auditor, instead of the legal counsel.
3. Section 1705.17  What to Report
    Subsection (c)(3) is proposed to be amended by giving the 
Department's internal auditor the responsibility of determining whether 
a direct or indirect financial interest exists, rather than having the 
legal counsel make this determination.

D. 62 IAC 1772. Requirements for Coal Exploration

    Illinois is proposing to revise the following sections of part 
1772.
1. Section 1772.11  Notice of Requirements for Exploration Removing 250 
Tons of Coal or Less
    Subsection (b)(5) is proposed to be amended in order to clarify 
that the referenced forms are required to be submitted with a coal 
exploration notice only if such forms are required by the Department's 
Oil and Gas Division.
2. Section 1772.12  Permit Requirements for Exploration Removing More 
than 250 Tons of Coal
    Subsection (d)(2) is proposed to be amended by replacing the word 
``operation'' with the word ``permit.''
    At subsection (e)(2), the administrative and judicial review 
regulation citation is updated.

E. 62 IAC 1773.15. Review of Permit Applications

    Illinois revised subsection (a)(1) by removing reference to its 
informal conference at section 1773.13(c) and adding a reference to its 
public hearing at section 1773.14.

F. 62 IAC 1774.13. Permit Revisions

    At subsection (b)(2)(E), a significant revision shall be required 
for land use changes involving greater than 5% of the ``total permit 
acreage'' instead of the ``original total permit acreage.''
    Exceptions to the 5% cumulative total limit were added at new 
subsections (b)(2)(E) (i) and (ii). The proposed addition of subsection 
(b)(2)(E)(i) would allow the accumulation of the 5% limit to restart 
upon issuance of a significant revision that addresses all previous 
land use changes approved via insignificant revisions. The proposed 
addition of subsection (b)(2)(E)(ii) would allow acreage added by 
incidental boundary revisions to be included in the total permit 
acreage used to determine the 5% limit if the acreage has been 
addressed previously in a significant revision.
    New subsection (d)(6) provides for public notice of and a ten-day 
comment period for incidental boundary revision applications which 
propose new surface acreage or planned subsidence shadow area to the 
original permit.

G. 62 IAC 1778.15. Right of Entry Information

    At subsection (a), Illinois is proposing to eliminate the 
requirement for underground coal mine operators to document their legal 
right to enter and mine in the shadow area, including the right to 
subside within the shadow area.
    At subsection (e), Illinois is adding the phrase ``including 
planned subsidence operations.
    Illinois added new subsection (f) to require applications for 
additions to the shadow area to contain a notarized statement by a 
responsible office of the applicant attesting that all necessary mining 
rights, including the right to subside, will be obtained prior to 
mining.

H. 62 IAC 1779. Surface Mining Permit Applications--Minimum 
Requirements for Information on Environmental Resources

    Illinois is proposing to revise the following sections of part 
1779.
1. Section 1779.22  Land Use Information
    Section 1779.22 pertains to surface mining permit application 
requirements for pre-mining land use information. Illinois is proposing 
to delete section 1779.22 and to reorganize and repealed provisions at 
subsection (a) into 62 IAC 1780.23(a).
2. Section 1779.25  Cross Sections, Maps and Plans
    Subsections (a)(11) (A), (B) and (C) are proposed to be deleted. 
Subsection (a)(11)(D) is proposed to be deleted from this section and 
relocated to 62 IAC 1780.23(a)(3).
    Statutory citations in subsections (b) are updated.

I. 62 IAC 1780.23. Reclamation Plan: Pre-Mining and Post-Mining 
Information

    The section title is changed from ``Reclamation Plan: Post-mining 
Land Uses'' to ``Reclamation Plan: Pre-Mining and Post-Mining 
Information.'' New subsections (a), (a)(1), and (a)(2) contain the pre-
mining land use information provisions of existing 62 IAC 1779.22(a) 
with one addition. At new subsection (a)(1), one new provisions was 
added which requires that in the case of previously mined land, the use 
of the land prior to any mining shall also be described to the extent 
such information is available. New subsection (a)(3) contains the soil 
map provision of existing 62 IAC 1779.25(a)(11)(D). The substantive 
provisions of existing subsections (a), (a)(1), (a)(3), and (a)(4) are 
redesignated new subsections (b), (b)(1), (b)(2) and (b)(3). Existing 
subsection (a)(2) pertaining to detailed management plans for a post-
mining use of grazing is deleted.
    Existing subsection (b) is redesignated new subsection (c).

J. 62 IAC 1783. Underground Mining Permit Applications--Minimum 
Requirements for Information on Environmental Resources

    Illinois is proposing to revise the following sections of part 
1783.
1. Section 1783.22  Land Use Information.
    Section 1783.22 pertains to underground mining permit application 
requirements for pre-mining land use information. Illinois is proposing 
to delete Section 1783.22 and to reorganize the repealed provisions at 
subsection (a) into 62 IAC 1784.15(a).
2. Section 1783.25  Cross Sections, Maps and Plans
    Subsections (a)(11)(A), (B), and (C) are proposed to be deleted. 
Subsection (a)(11)(D) is proposed to be deleted from this section and 
relocated to 62 IAC 1784.15(a)(3).
    Statutory citations in subsection (b) are updated.

K. 62 IAC 1784.15. Reclamation Plan: Pre-Mining and Post-Mining 
Information

    The section title is changed from ``Reclamation Plan: Post-mining 
Land Uses'' to ``Reclamation Plan: Pre-Mining and Post Mining 
Information.'' New subsections (a), (a)(1), and (a)(2) contain the 
substantive pre-mining land use information provisions of existing 62 
IAC 1783.22(a) with one addition. At new subsection (a)(1), one new 
provision was added which requires that in the case of previously mined 
land, the use of the land prior to any mining shall also be described 
to the extent such information is available. New subsection (a)(3) 
contains the soil map provisions of existing 62 IAC 1783.25(a)(11)(D). 
The substantive provisions of existing subsections (a), (a)(1), (a)(2), 
and (a)(3) are redesignated new subsections (b), (b)(1), (b)(2), and 
(b)(3).
    Existing subsection (b) is redesignated new subsection (c).

L. 62 IAC 1785. Requirements for Permits for Special Categories of 
Mining

    Illinois is proposing to revise the following sections of part 
1785.
1. Section 1785.17  Prime Farmlands
    At subsection (a), Illinois is proposing to delete the following 
language: Nothing in this Section shall apply to any permit issued 
prior to the date of enactment of the Federal Act, or to any revisions 
or renewals thereof, or to any existing surface mining operations for 
which a permit was issued prior to the date of enactment of the Federal 
Act, as determined by the Department prior to September 29, 1981. For 
lands for which a request for exemption was initially made or pending 
on or after September 29, 1981.
    Existing subsections (a)(5) and (6) pertaining to an acreage 
limitation on the amount of exempted prime farmland are deleted. 
Existing subsection (a)(7)(A) was redesignated subsection (a)(5). 
Existing subsection (a)(7)(B) pertaining to a preliminary exemption 
review is deleted.
    At subsection (d)(1), the sentence ``The State recognizes that the 
permit cannot be issued without the required consultation with USDA'' 
is deleted.
2. Section 1785.23  Minor Underground Mine Facilities Not at or 
Adjacent to the Processing or Preparation Facility or Area
    Illinois proposes to revise subsection (d)(3) by requiring written 
comments be filed within the public comment period.
    The revision to subsection (e)(1) requires the Department to make 
its final decision to approve, deny, or modify the complete application 
for a permit within 20 days following the close of the public comment 
period.
    Subsection (g)(1) is proposed to be amended to require the 
Department to notify persons who filed comments or objections to the 
application of its final decision, to replace the word ``disapprove'' 
with the word `'deny'' for consistency with other sections of the 
regulations dealing with approval and denial of application, and to 
delete the requirement that it publish a public notice of its final 
action. The regulatory citation in subsection (g)(2) is corrected.

M. 62 IAC 1795. Small Operator Assistance

    Illinois is proposing to revise the following sections of part 
1795.
1. Section 1795.1  Scope and Purpose
    Illinois proposes to amend the purpose statement at subsection (b) 
to read as follows. The purpose of the program is to provide for 
eligible operators a determination of probable hydrologic consequences 
including the engineering analysis and designs necessary for the 
determination; cross-sections, maps and plans; geologic drilling and 
statement of results of test borings and samplings; archaeological and 
historical information collection and relevant plan preparation; pre-
blast surveys and pre-blast survey reports; and site specific resource 
information collection and relevant plan preparation which are required 
components of the permit application under 62 Ill. Adm. Code 1772 
through 1785.
2. Section 1795.4  Definitions
    At subsection (b) the definition of qualified laboratory is revised 
by deleting the language ``statement of results of test borings or core 
samples'' and adding the language ``or other studies and/or reports or 
plans.'' The regulatory section citation was corrected to 1795.1.
3. Section 1779.6  Eligibility for Assistance
    At subsection (a), the statute citation is updated.
    At subsection (b), the criteria for eligibility for assistance is 
revised to read as follows. Establishes that his or her probable total 
actual and attributed production from all locations during the twelve 
(12) months immediately following the date on which the operator is 
issued the surface coal mining and reclamation permit will not exceed 
300,000 tons.
    At subsection (b)(1) and (b)(2), Illinois proposes changing the 
percentage of ownership of applicant from five percent to ten percent 
with respect to the baseline above which ownership will play a role in 
determining attributed coal production.
4. Section 1795.7  Filing for Assistance
    Illinois proposes to amend subsection (c)(4) by requiring that an 
application for assistance contain a schedule of estimated coal 
production and attributed production during the 12 months immediately 
following the date of permit issuance.
5. Section 1795.9  Program Services and Data Requirements
    Illinois proposes to revise subsection (a) by adding ``studies, 
reports, and plans'' to the types of services referenced in subsection 
(b) that are available to eligible operators.
    Subsection (b) lists the specific technical services authorized for 
the SOAP. At subsection (b)(2), Illinois proposes to add drilling as an 
authorized SOAP service. Illinois proposes to add new subsection (b)(3) 
which provides for cross-sections, maps and plans required by 62 IAC 
1779.25 and 1783.25. New subsection (b)(4) provides for collection of 
archaeological and historical information and related plans required by 
62 IAC 1779.12(b), 1780.31, 1783.12(b) and 1784.17, and any other 
archaeological and historical information required by the Department. 
New subsection (b)(5) provides for pre-blast survey and reports 
pursuant to the provisions of 62 IAC 1816.62. New subsection (b)(6) 
provides for site specific resource information and protection and 
enhancement plans for fish and wildlife habitats and other 
environmental values required by the Department under 62 IAC 1779.19, 
1780.16, 1783.19, and 1784.21, and information and plans for any other 
environmental values required by the Department under the State Act.
6. Section 1795.12  Applicant Liability
    At subsection (a)(1), the word ``report'' is replaced by the word 
``reports.'' At subsection (a)(2), the applicant shall reimburse the 
Department if the program administrator finds that the applicant's 
actual and attributed production of coal for all locations exceeds 
300,000 tons during the 12 months immediately following the date on 
which the operator is issued the surface coal mining and reclamation 
permit. At subsection (a)(3), the applicant and its successor shall 
reimburse the Department if the permit is sold, transferred, or 
assigned to another person and the transferee's total actual and 
attributed production exceeds 300,000 tons during the twelve (12) 
months immediately following the date on which the permit was issued. 
If the permit is transferred during the 12 months period immediately 
following the permit issuance date, the determination of adherence to 
the 12 month-300,000 tons limit shall be performed by combining the 
actual and attributed production of both parties for the 12 month 
period.

N. 62 IAC 1800. Bonding and Insurance Requirements for Surface Coal 
Mining and Reclamation Operations

    The State Act at 225 ILCS 720/6.01 was amended to allow Illinois to 
accept an applicant's bond, without separate surety, when the applicant 
has a history of solvency and designates a suitable agent for service 
of process. The proposed amendments to Secs. 1800.4, 1800.5, 1800.11, 
1800.12, and proposed new Secs. 1800.23 implement the statutory self-
bonding provision.
1. Section 1800.4  Department Responsibilities
    New subsection (c) allows the Department to accept a self-bond if 
the permittee meets the requirements of Sec. 1800.23. Existing 
subsections (c), (d), and (e) are redesignated as subsections (d), (e), 
and (f), respectively.
2. Section 1800.5  Definitions
    Subsection (b)(1) is revised to allow Illinois to accept letters of 
credit from banks organized or authorized in other states that are not 
authorized to operate in Illinois and from banks organized or 
authorized in the United States by national charter provided that if 
the bank does not have an office for collection in Illinois, there 
shall be a confirming bank designated with an office in Illinois that 
is authorized to accept, negotiate, and pay the letter upon presentment 
in Illinois.
    Ne subsection (c) defines ``self-bonding'' as an indemnity 
agreement in a sum certain executed by the applicant or by the 
applicant and any corporate guarantor and made payable to the 
Department with or without separate surety.
3. Section 1800.11  Requirement to File a Bond
    New subsection (e) requires the Department to administer self-
bonding for eligible permittees consistent with all applicable 
provisions of Secs. 1800.1 through 1800.50.
4. Section 1800.12  Form of the Performance Bond
    New subsection (c) allows for a self-bond. Existing subsection (c) 
is redesignated as subsection (d)
5. Section 1800.20  Surety Bonds
    Subsections (b)(2) through (b)(5), which contained surety bond 
conditions, are deleted.
6. Section 1800.21  Collateral Bonds
    Subsection (b)(1) is revised to allow Illinois to accept letters of 
credit from banks organized or authorized in other states that are not 
authorized to operate in Illinois and from banks organized or 
authorized in the United States by national charter provided that if 
the bank does not have an office for collection in Illinois, there 
shall be a confirming bank designated with an office in Illinois.
7. Section 1800.23  Self-Bonding
    Subsection (a) contains the following definitions. ``Current 
assets'' means cash or other assets or resources which are reasonably 
expected to be converted to cash or sold or consumed within one (1) 
year or within the normal operating cycle of the business. ``Current 
liabilities'' means obligations which are reasonably expected to be 
paid or liquidated within one (1) year or within the normal operating 
cycle of the business. ``Existing self-bonding liabilities'' means the 
cumulative total dollar amount of self-bonding for which the applicant 
or parent corporation guarantor is already liable in connection with 
coal mining regulatory program permits in the United States, as of the 
date of relevant financial statement. ``Fixed assets'' means plants and 
equipment, but does not include land or coal in place. ``Liabilities'' 
means obligations to transfer assets or provide services to other 
entities in the future as a result of past transactions. ``Net worth'' 
means total assets minus total liabilities and is equivalent to owners' 
equity. Parent corporation means a corporation which owns or controls 
the applicant. ``Tangible net worth'' means net worth minus intangible 
such as goodwill and rights to patents or royalties.
    Subsection (b) specifies that the Department may accept a self-bond 
from an applicant for a permit if all of the conditions at subsections 
(b)(1) through (b)(4) are met by the applicant or its parent 
corporation guarantor.
    At subsection (b)(1), if the applicant designates a suitable agent 
to receive service of process in the State of Illinois.
    At subsection (b)(2), if the applicant has been in continuous 
operation as a business entity for a period of not less than five (5) 
years. Continuous operation shall mean that business was conducted over 
a period of five (5) years immediately preceding the time of 
application. At paragraph (A), the Department may allow a joint venture 
or syndicate with less than five (5) years of continuous operation to 
qualify under subsection (2) above, if each member of the joint venture 
or syndicate has been in continuous operation for at least five (5) 
years immediately preceding the time of application. At paragraph (B), 
when calculating the period of continuous operation, the Department may 
exclude past periods of interruption to the operation of the business 
entity that were beyond the applicant's control and that do not affect 
the applicant's likelihood of remaining in business during the proposed 
surface coal mining and reclamation operations.
    At subsection (b)(3), if the applicant submits financial 
information in sufficient detail to show that the applicant meets one 
of the criteria in paragraphs (A) through (C). At paragraph (A), if the 
applicant has a current rating for its most recent bond issuance of 
``A'' or higher as issued by either Moody's Investor Service or 
Standard and Poor's Corporation. At paragraph (B), if the applicant has 
a tangible net worth of at least $10 million, a ratio of total 
liabilities to net worth of 2.5 times or less, and a ration of current 
assets to current liabilities of 1.2 times or greater. At paragraph 
(C), if the applicant's fixed assets in the United States total at 
least $20 million, and the applicant has a ratio of total liabilities 
to net worth of 2.5 times or less, and ratio of current assets to 
current liabilities of 1.2 times or greater.
    At subsection (b)(4) if the applicant submits the information 
required by paragraphs (A) through (C). Paragraph (A) requires 
financial statements for the most recently completed fiscal year 
accompanied by a report prepared by an independent certified public 
account in conformity with generally accepted accounting principles and 
containing the accountant's audit opinion or review opinion of the 
financial statements with no adverse opinion. Paragraph (B) requires 
unaudited financial statements for completed quarters in the current 
fiscal year. Paragraph (C) requires additional unaudited information as 
requested by the Department.
    At subsection (c) a written guarantee is required. At subsection 
(c)(1), the Department may accept a written guarantee for an 
applicant's self-bond from a parent corporation guarantor, if the 
guarantor meets the conditions of subsections (b) (1) through (4), 
above, as if it were the applicant. Such a written guarantee shall be 
referred to as a ``corporate guarantee.'' The terms of the corporate 
guarantee shall provide for the criteria in paragraphs (A) through (C). 
At paragraph (A), if the applicant fails to complete the reclamation 
plan, the guarantor shall do so or the guarantor shall be liable under 
the indemnity agreement to provide funds to the Department sufficient 
to complete the reclamation plan, but not to exceed the bond amount. At 
paragraph (B), the corporate guarantee shall remain in force unless the 
guarantor sends notice of cancellation by certified mail to the 
applicant and to the Department at least 90 days in advance of the 
cancellation date, and the Department accepts the cancellation. At 
paragraph (C), the cancellation may be accepted by the Department if 
the applicant obtains suitable replacement bond before the cancellation 
date or if the lands for which the self-bond, or portion thereof, was 
accepted have not been disturbed.
    At subsection (c)(2), the Department may accept a written guarantee 
for an applicant's self-bond from any corporate guarantor, whenever the 
applicant meets the conditions of subsection (b) (1), (2) and (4) 
above, and the guarantor meets the conditions of subsections (b) (1) 
through (4) above. Such a written guarantee shall be referred to as a 
``non-parent corporate guarantee.'' The terms of this guarantee shall 
provide for compliance with the conditions of subsections (c)(1) (A) 
through (C) above. The Department may require the applicant to submit 
any information specified in paragraph (b)(3) above in order to 
determine the financial capabilities of the applicant.
    Subsection (d) specifies that in order for the Department to accept 
an applicant's self-bond, the total amount of the outstanding and 
proposed self-bonds of the applicant for surface coal mining and 
reclamation operations shall not exceed 25 percent of the applicant's 
tangible net worth in the United States. In order for the Department to 
accept a corporate guarantee, the total amount of the parent 
corporation guarantor's present and proposed self-bonds and guaranteed 
self-bonds for surface coal mining and reclamation operations shall not 
exceed 25 percent of the guarantor's tangible net worth in the United 
States. In order for the Department to accept a non-parent corporate 
guarantee, the total amount of the non-parent corporate guarantor's 
present and proposed self-bonds and guaranteed self-bonds shall not 
exceed 25 percent of the guarantor's tangible net worth in the United 
States.
    Subsection (e) specifies that if the Department accepts an 
applicant's self-bond, an indemnity agreement shall be submitted 
subject to the requirements in subsections (e)(1) through (e)(4). 
Subsection (e)(1) requires that the indemnity agreement shall be 
executed by all persons and parties who are to be bound by it, 
including the parent corporation guarantor, and shall bind each jointly 
and severally. Subsection (e)(2) requires that corporations applying 
for a self-bond, and parent and non-parent corporations guaranteeing an 
applicant's self-bond shall submit an indemnity agreement signed by two 
corporate officers who are authorized to bind their corporations. A 
copy of such authorization shall be provided to the Department along 
with an affidavit certifying that such an agreement is valid under all 
applicable federal and state laws. In addition, the guarantor shall 
provide a copy of the corporate authorization demonstrating that the 
corporation may guarantee the self-bond and execute the indemnity 
agreement. Subsection (e)(3) requires that if the applicant is a 
partnership, joint venture or syndicate, the agreement shall bind each 
partner or party who has a beneficial interest, directly or indirectly, 
in the applicant. Subsection (e)(4) requires that pursuant to 
Sec. 1800.50, the applicant, parent or non-parent corporate guarantor 
shall be required to complete the approved reclamation plan for the 
lands in default or to pay to the Department an amount necessary to 
complete the approved reclamation plan, not to exceed the bond amount. 
Under Illinois law, the indemnity agreement when under forfeiture shall 
operate as a judgment against those parties liable under the indemnity 
agreement.
    At subsection (f), the Department shall require self-bonded 
applicants and parent and non-parent corporate guarantors to submit an 
update of the information required under subsections (b) (3) and (4) 
above within 90 days after the close of fiscal year following the 
issuance of the self-bond or corporate guarantee.
    At subsection (g), if at any time during the period when a self-
bond is posted, the financial conditions of the applicant, parent or 
non-parent corporate guarantor change so that the criteria of 
subsections (b)(3) and (d) above are not satisfied, the permittee shall 
notify the Department immediately and shall within 90 days post an 
alternate form of bond in the same amount as the self-bond. Should the 
pemittee fail to post an adequate substitute bond, the provisions of 
Sec. 1800.16(e)(2) shall apply.

O. 62 IAC 1816. Permanent Program Performance Standards--Surface Mining 
Activities

    Proposed revisions to the performance standards which 62 IAC 1816 
and 1817 have in common are discussed in ``Q.''
    Proposed revisions of the surface mining performance standards 
unique to the following sections of part 1816 are discussed below.
1. Section 1816.79  Protection of Underground Mining
    Section 1816.79 is reorganized. The word ``coal'' is proposed to be 
removed from existing subsection (a), and the subsection reference is 
removed. Existing subsection (a)(1) is redesignated subsection (b), and 
existing subsection (a)(2) is redesignated subsection (a).
2. Section 1816.116  Revegetation: Standards for Success
    Subsection (a)(4)(A)(ii) is proposed to be amended to allow the 
Department to approve a field to represent small isolated areas of the 
same capability if it determines that the field is representative of 
reclamation of such areas. The small isolated areas shall maintain a 
successful ground cover as determined by subsection (a)(3)(E). 
Productivity results on the field shall be applicable to the small 
isolated areas.
3. Section 1816  Appendix A--Agricultural Lands Productivity Formula 
(ALPF)
    Illinois proposed several changes for the ``Permit Specifics Yield 
Standard'' section. The two existing paragraphs are amended and 
reorganized into subsections (a) and (b), respectively, and new 
provisions were added at subsections (c) through (f).
    Language is added at subsection (a) to clarify that ALPF target 
calculation procedures are applicable to limited capability lands and 
that targets are to be based on the soils which are disturbed within 
the permit area.
    The existing provisions in subsection (b) are now subject to the 
provisions of subsection (c) through (f). New subsection (c) specifies 
that the Department shall provide for establishment of specific yield 
standards for the individual capability groups to be weighted for an 
individual pit, (geographically distinct mining area), if multiple 
permits are adjacent and confined to a single continuous pit; or 
multiple pits are not adjacent but are within an individual permit.
    New subsection (d) specifies that if an individual mining pit is 
present in more than one county, annual target yield adjustments shall 
be based on the county with the greater permit acreage.
    New subsection (e) specifies that after mining operations have 
ceased and at the request of the permittee, the Department shall 
recalculate the yield standards for the permit (pit) based solely on 
the soils which were disturbed. Recalculated targets shall be 
applicable to all areas tested for productivity, including past results 
on areas under bond at the time of the request. Approved significant 
revisions which alter the soils to be disturbed shall cause the targets 
to be recalculated.
    New subsection (f) specifies that at the request of the permittee, 
the Department shall consolidate prime farmland and high capability 
targets, provided the Department determines that the soil 
reconstruction of the high capability land is equal to or better than 
the prime farmland.

P. 62 IAC 1817. Permanent Program Performance Standards--Underground 
Mining Activities

    Proposed revisions to the performance standards which 62 IAC 1816 
and 1817 have in common are discussed in ``Q.''
    Proposed revisions to the underground mining performance standards 
unique to the following sections of part 1817 are discussed below.
1. Section 1817.101  Backfilling and Grading: General Requirements
    Illinois is proposing to amend subsection (a) by removing the 
existing provision and adding the requirement that all surface areas 
disturbed incident to underground mining activities shall be 
backfilled, graded and revegetated, in accordance with the approved 
reclamation plan, not later than 36 calendar months after cessation of 
active use, as determined by the Department.
2. Section 1817.121  Subsidence Control
    Illinois proposes to add new subsection (c)(3) to require operators 
to promptly replace any drinking, domestic, or residential water supply 
from a well or spring in existence prior to the application for a 
surface coal mining and reclamation operations permit, which has been 
affected by contamination, diminution, or interruption resulting from 
underground coal mining operations.
3. Section 1817.131  Cessation of Operations: Temporary
    At subsection (b), two typographical errors were corrected by 
adding the words ``affected'' and ``area'' and deleting the word 
``are.''
4. Section 1817.182  Minor Underground Mine Facilities Not at or 
Adjacent to the Processing or Preparation Facility or Area
    At subsection (a), Illinois corrected a typographical error by 
replacing the work ``is'' with the word ``if.''
    At subsection (d)(4), Illinois corrected a typographical error by 
replacing the word ``existing'' with the word ``restore.''
    At subsection (l), Illinois corrected the regulatory citation by 
replacing ``1817.103'' with ``1817.102.''

Q. 62 IAC 1816. Permanent Program Performance Standards--

Surface Mining Activities and 62 IAC 1817 Permanent Program Performance 
Standards--Underground Mining Activities

    Proposed revisions to the performance standards which 62 IAC 1816 
and 1817 have in common are discussed below.
1. Sections 1816.22/1817.22  Topsoil and Subsoil
    Illinois proposes to add the phrase ``except on prime farmland'' to 
existing subsection (b)(1). Illinois is also proposing to delete 
subsection (b)(2) in order to eliminate the acreage restriction on 
topsoil substitutes. Therefore, existing subsection (b)(1) is 
redesignated subsection (b).
2. Sections 1816.41/1817.41  Hydrologic Balance Protection
    Illinois proposes to revise subsection (c)(2) by specifying that 
ground water monitoring reports shall be submitted by the first day of 
the second month following the reporting period, unless the Department 
specifies an alternative reporting schedule.
    Illinois proposes to revise subsection (e)(2) by removing the 
requirement to send NPDES reports to the Department concurrently with 
those sent into the Illinois EPA and adding the requirement that NPDES 
reports are to be sent to the Department by the first day of the second 
month following the reporting period.
3. Sections 1816.46/1817.46  Hydrologic Balance: Siltation Structures
    At subsection (a)(1), the definition for siltation structure is 
proposed to be amended by adding a reference to sediment control 
measures as described at Sec. 1816.45.
    New subsection (e) is proposed to provide an alternative to 
sedimentation ponds. Subsection (e)(1) specifies that sediment control 
measures as described in section 1816.45(b) may be used in lieu of 
sedimentation ponds if the disturbed drainage area within the total 
disturbed area is ten (10) acres or less. Subsection (e)(2) requires 
the permittee to demonstrate that a sedimentation pond is not necessary 
for drainage from the disturbed area to meet the effluent limitations 
and water quality standards for the receiving waters set forth in 
Sec. 1816.42.
    Existing subsection (e) was redesignated (f). The reference to 
alternative sediment control measures is proposed to be deleted from 
redesignated subsection (f)(2).
4. Sections 1816.97/1817.97  Protection of Fish, Wildlife, and Related 
Environmental Values
    Illinois is proposing to delete the reference to the Illinois 
Endangered Species Protection Act at subsection (b).
5. Sections 1816.116/1817.116  Revegetation: Standards for Success
    The State Act was amended at 225 ILCS 720/3.15 to change the 
responsibility period from five years to two years for areas eligible 
for remining. Subsection (a)(2)(B) is proposed to be amended to 
implement this statute by adding the phrase ``except that on lands 
eligible for remining, the period of responsibility (until September 
30, 2004) shall be two (2) full years.''
    Existing subsection (a)(2)(F), concerning augmentation requirements 
for high capability cropland areas, is proposed to be deleted and 
replaced with new provisions pertaining to wetlands augmentation. New 
subsection (a)(2)(F) specifies that wetlands shall be considered 
augmented when significant alterations are made to the size or 
character of the watershed, pumping is used to maintain water levels, 
or neutralizing agents, chemical treatments or fertilizers are applied 
to the wetland area. Water level management using permanent water 
control structures is considered a normal husbandry practice.
    Subsection (a)(3)(E) is proposed to be amended to clarify that 
pasture and/or hayland or grazing land on non-previously disturbed 
areas are subject to a 90 percent ground cover standard for a minimum 
of any two years of a ten (10) year period prior to the release of the 
performance bond, except the first year of the five (5) year extended 
responsibility period. The one year attempt limit for substituting corn 
productivity for one year of hay productivity is proposed to be removed 
from subsection (a)(3)(E). Subsection (a)(3)(E) is also being revised 
to allow one year substitution of crops in lieu of hay on limited 
capability land, provided the Department determines that the practice 
is proper management.
    New subsection (a)(3)(F) specifies that small isolated areas which 
were disturbed from activities such as, but not limited to, signs, 
boreholes and power poles, shall be considered successfully revegetated 
if the operator can demonstrate that the soil disturbance was minor, 
the soil has been returned to its original capability and the area is 
supporting its approved post-mining land use at the end of the 
responsibility period.
    New subsection (a)(5)(A) specifies that wetland revegetation 
criteria shall be deemed successful when the wetland vegetation 
criteria in the Corps of Engineers Wetlands Delineation Manual have 
been achieved following sampling procedures specified in that manual. 
New subsection (a)(5)(B) further specifies that areas designated to 
support vegetation in the approved plan shall have a minimum aerial 
coverage of 30 percent. The testing procedure in Sec. 1816.117(d)(1) 
through (3) shall be used to evaluate the extent of cover. Aerial cover 
shall be determined to be present if any approved wetland species is 
measured at the increment. The percentage of aerial cover shall be 
established for the area tested by taking the total number of 
measurements where aerial cover was determined to be present.
    New subsection (c) is proposed to be added to provide for the use 
of reference areas to establish target yields in lieu of the ALPF. 
Other requirements and procedures of 62 IAC 1816.116(a)(4) shall be 
applicable. Reference areas used to establish success standards must 
meet the requirements in paragraphs (1) through (8). Paragraph (1) 
requires that if the fields to be represented contain in total 800 
acres or more, the reference area shall contain at least 40 acres. If 
the field(s) to be represented is smaller than 800 acres, the reference 
area shall be the greater of five percent of the field(s) to be 
represented or one acre. Paragraph (2) requires that each reference 
area be representative of the soils of the field(s) to be represented. 
The permittee shall provide adequate documentation of the soils and 
soil quality present in the reference area. Paragraph (3) requires the 
permittee each year provide a certification by a qualified agronomist 
that the management of the reference area is equivalent to the field(s) 
to be represented. The permittee shall describe the proposed management 
of the reference area in a proposal. Paragraph (4) requires that 
reference areas be located within six miles of the field(s) to be 
represented. Paragraph (5) requires right-of-entry on the reference 
area for authorized representatives of the Department be secured by 
written agreement or consent for the entire time period in which the 
reference area will be used. Paragraph (6) requires that proposed 
reference areas be submitted for Department approval no later than 
January 1 of the year in which they are proposed to be used. Paragraph 
(7) requires that the reference areas have yields established by whole 
field harvest. Paragraph (8) requires that yields determined for the 
reference area be those used for determination of success of 
revegetation unless the Department determines that management practices 
have not been equivalent during the course of the year or the 
Department determines that growing conditions have not been 
representative of the fields to be tested.
6. Sections 1816.117/1817.117  Revegetation: Tree and Shrub Vegetation
    The State Act was amended at 225 ILCS 720/3.15 to change the 
responsibility period from five years to two years for areas eligible 
for remining. Sections 1816.117(a)(1) and 1817.117(a)(1) are proposed 
to be amended to implement this statute by requiring that on lands 
eligible for remining, the period of responsibility (until September 
30, 2004) shall be two full years for trees an shrubs. Also, until 
September 30, 2004, on lands eligible for remining, trees and shrubs 
need not have been in place for three years; however, such trees an 
shrubs shall not be counted in determining success during the same 
calendar year in which they were planted.
    Subsection (a)(3) is proposed to be amended to clarify that erosion 
control structures, including pond embankments, shall not require the 
planting of trees and shrubs.
    Subsection (b) is proposed to be amended to clarify that planting 
arrangements such as hedgerows, border plantings, clump plantings, 
shelterbelts, and open herbaceous area which increase diversity and 
edge effect within wildlife areas may be approved by the Department on 
a case-by-case basis prior to planting such areas.
    Subsection (c)(1) is proposed to be revised by replacing the word 
``area'' with the word ``field.'' Subsection (c)(1) is also revised by 
adding a requirement that once field boundaries are established in a 
submittal, the boundaries shall not be changed unless the Department 
approves a request in accordance with 62 IAC 1774.13.
7. Sections 1816.133/1817.133  Post-Mining Land Capability
    At subsection (a)(2)(C) a typographical error was corrected by 
replacing the word ``bound'' by the word ``found.''
8. Sections 1816.151/1817.151  Primary Roads
    At subsection (a), Illinois proposes to specify that the 
certification shall be submitted within 30 days after completion of 
construction. Illinois also defines completion of construction to mean 
that the road is being used for its intended purpose as determined by 
the Department.
9. Sections 1816.190/1817.190  Affected Acreage Map
    At subsection (a), Illinois is proposing to delete the phrase ``and 
to the county clerk.''
    At subsection (b), Illinois is requiring the permittee to submit an 
additional copy of the affected acreage report, which the Department 
will then forward to the county clerk. Illinois is also requiring that 
one of the copies contain the original signature of a company official. 
Also, statutory citations are being updated in subsection (b).

R. 62 IAC 1825.14. High Capability Lands: Soil Replacement

    At subsection (e), Illinois proposes adding the title of 
``Compaction.''
    Subsection (e)(1) is revised by adding the word `'above'' after the 
regulatory citation ``Section 2825.14(a). Illinois added new subsection 
(e)(1)(E) to specify that excessive compaction is also indicated by 
other diagnostic methods approved by the Department.
    At subsection (e)(2), Illinois is proposing an additional method 
for the Department to evaluate excessive compaction. The permittee will 
have a choice between the existing provision and the new provision 
which specifies that compaction alleviation is required unless the 
permittee can demonstrate that the requirements of 62 IAC 1816.116 or 
1816.117, as applicable, have been met without compaction alleviation 
on areas reclaimed in a similar manner. A second new provision in 
subsection (e)(2) requires the Department to retain sufficient bond at 
the time of Phase II bond release if it determines that compaction 
alleviation may be needed to achieve the revegetation success 
requirements.

S. 62 IAC 1840.17. Review of Decision Not to Inspect or Enforce

    Subsection (a) is proposed to be revised by establishing a 30 day 
time period within which to request review of the Department's decision 
not to inspect or enforce. Failure to file a request for informal 
review within this time period shall result in a waiver of the right to 
such review.
    Subsection (c) is proposed to be amended to reference 62 IAC 1847.3 
of the regulations for formal review of the Department's decision not 
to inspect or enforce, rather than Section 8.07 of the State Act.

T. 62 IAC 1843. State Enforcement

    Illinois proposed revisions to the following sections of part 1843.
1. Section 1843.13  Suspension or Revocation of Permits
    At subsection (a)(1), the phrase ``Except as provided in subsection 
(b) below'' is deleted.
    At subsection (a)(3), the existing provisions are deleted. New 
provisions were added which specify that the Department shall promptly 
review the history of violations of any permittee who has been cited 
for violations of the same or related requirements of the Federal Act, 
the State Act, 62 IAC 1700 through 1850 or the permit during three or 
more State inspections of the permit area within any twelve month 
period. If after such review, the Department determines that a pattern 
of violations exists or has existed, an order to show cause as provided 
in subsection (a)(1) shall be issued.
    Existing subsection (b) was deleted, and existing subsections (c), 
(d), (e), and (f) were redesignated as (b), (c), (d), and (e), 
respectively.
2. Section 1843.19  Decision Not to Pursue Enforcement Action
    Illinois is proposing a new section which would allow termination 
of enforcement action on a mine site if specific criteria are met.
    Subsection (a) specifies that the Department may elect not to 
proceed with state enforcement action on a mine site when the 
Department has revoked the permit(s) pursuant to Section 1843.13; when 
the Department has forfeited the performance bond pursuant to 
Sec. 1800.50, or is diligently pursuing forfeiture; when the Department 
has reason to believe the permittee is financially unable to complete 
abatement work; when the Department is diligently pursuing collection 
of all unpaid civil penalties; when the Department has established, or 
assisted OSM in establishing, an ownership and control link for the 
entity in question under the violations review criteria of the 
regulatory program for purposes of blocking issuance of future mining 
permits; and when the Department determines there is no likelihood of 
improving existing environmental site conditions if state enforcement 
action is taken.
    Subsection (b) specifies that the Department shall document in 
writing its decision not to pursue enforcement action based upon the 
criteria in subsection (a). A copy of the Department's written decision 
shall be forwarded to the local OSM office.

U. 62 IAC 1845.12. When Penalty Will Be Assessed

    Illinois is proposing to amend subsection (d) by adding a 
requirement that the Department take into account the factors set forth 
in Sec. 1845.13 when determining the actual amount of the assessment.

V. 62 IAC 1847.3. Hearings

    The section heading is changed from ``Permit Hearings'' to 
``Hearings.''
    At subsection (a), Illinois is specifying that administrative 
review under this section also applies to decisions not to inspect or 
enforce under 62 IAC 1840.17 and permit decisions issued pursuant to 62 
IAC 1785.23.
    At subsection (1)(2), Illinois is adding the provision that 
judicial review may be requested if the Department failed to act within 
specified time limits.

W. 62 IAC 1848.5. Notice of Hearing

    Proposed new subsection (f) implements a July 7, 1993, amendment to 
Section 2.11 of the State Act pertaining to permit hearing notices. If 
the hearing concerns review of a permit decision under 62 IAC 1847.3, a 
notice containing the information set forth in subsections (a) and (b) 
shall be published in a newspaper of general circulation published in 
each county in which any part of the area of the affected land is 
located. The notice shall appear no more than 14 days nor less than 7 
days prior to the date of the hearing. The notice shall be no less than 
one eighth page in size, and the smallest type used shall be twelve 
point and shall be enclosed in a black border no less than \1/4\ inch 
wide. The notice shall not be placed in that portion of the newspaper 
where legal notices and classified advertisements appear. Any 
deviations from the requirements of this subsection attributable to the 
publishing newspaper shall not be grounds for postponement or 
continuance of the hearing, nor will such errors necessitate that the 
notice be republished.

X. 62 IAC 1850. Training, Examination and Certification of Blasters

    Illinois proposed revisions to the following sections of part 1850.
1. Section 1850.13  Training
    At subsection (a), a typographical error was corrected by replacing 
the word ``person'' with the word ``persons.''
    At subsection (b)(14), various regulation and statute citations 
were corrected.
2. Section 1850.14  Examination
    Illinois proposed to amend subsection (a) by removing the 
requirement that notification of a scheduled examination be made in 
writing.
    Illinois proposed to amend subsection (b) by removing the 
requirement that notification of a scheduled reexamination be made by 
letter.
3. Section 1850.15  Application and Certification
    Subsection (a) is proposed to be amended by shortening the deadline 
for receipt of applications from 45 days to 30 days and by shortening 
the deadline for review of applications from 30 to 15 days.
4. Section 1850.16  Denial, Issuance of Notice of Infraction, 
Suspension, Revocation, and Other Administrative Actions
    Subsection (b) is proposed to be entitled ``Notice of Infraction.'' 
At subsections (b)(1)(A) and (b)(1)(D), various regulatory and statute 
citations are corrected. Subsection (b)(3) is revised by requiring the 
blaster to file a request for review with the Department and removing 
the existing forwarding provision. The requirement to include specified 
information in the request was removed. The hearing regulation 
reference was corrected. The hearing is proposed to be held at one of 
the Department's offices, and the existing location provision is 
removed.
    Subsection (c) is proposed to be entitled ``Notice of Show Cause.'' 
At subsection (c)(2),the word ``public'' was deleted, and the hearing 
regulation citation was corrected. At subsection (c)(3), the hearing 
regulation citation was corrected.
5. Section 1850.17  Judicial Review
    This section is proposed to be repealed as the provision for 
judicial review is contained elsewhere in Illinois' regulations.

III. Public Comment Procedures

    In accordance with the provisions of 30 CFR 732.17(h), OSM is 
seeking comments on whether the proposed amendment satisfies the 
applicable program approval criteria of 30 CFR 732.15. If the amendment 
is deemed adequate, it will become part of the Illinois program.

Written Comments

    Written comments should be specific, pertain only to the issues 
proposed in this rulemaking, and include explanations in support of the 
commenter's recommendations. Comments received after the time indicated 
under dates or at locations other than the Springfield Field Office 
will not necessarily be considered in the final rulemaking or included 
in the Administrative Record.

Public Hearing

    Persons wishing to speak at the public hearing should contact the 
person listed under for further information contact by 4 p.m., [C.S.T.] 
on November 2, 1994. The location and time of the hearing will be 
arranged with those persons requesting the hearing. If no one requests 
an opportunity to speak at the public hearing, the hearing will not be 
held.
    Filing of a written statement at the time of the hearing is 
requested as it will greatly assist the transcriber. Submission of 
written statements in advance of the hearing will allow OSM officials 
to prepare adequate responses and appropriate questions.
    The public hearing will continue on the specified date until all 
persons scheduled to speak have been heard. Persons in the audience who 
have not been scheduled to speak, and who wish to do so, will be heard 
following those who have been scheduled. The hearing will end after all 
persons scheduled to speak and persons present in the audience who wish 
to speak have been heard.

Public Meeting

    If only one person requests an opportunity to speak at a hearing, a 
public meeting, rather than a public hearing, may be held. Persons 
wishing to meet with OSM representatives to discuss the proposed 
amendment may request a meeting by contacting the person listed under 
for further information contact. All such meetings will be open to the 
public and, if possible, notices of meetings will be posted at the 
locations listed under addresses. A written summary of each meeting 
will be made a part of the Administrative Record.

IV. 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 12778

    The Department of the Interior has conducted the reviews required 
by section 2 of Executive Order 12778 (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)).

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 
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 regulations.

List of Subjects in 30 CFR Part 913

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: October 11, 1994.
Ronald C. Recker,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 94-2569 Filed 10-17-94; 8:45 am]
BILLING CODE 4310-05-M