[Federal Register Volume 60, Number 38 (Monday, February 27, 1995)]
[Proposed Rules]
[Pages 10522-10531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4681]



-----------------------------------------------------------------------


DEPARTMENT OF THE INTERIOR
30 CFR Part 913

[IL-089]


Illinois Regulatory Program

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

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

-----------------------------------------------------------------------

SUMMARY: OSM is announcing receipt of a proposed amendment to the 
Illinois regulatory program (hereinafter referred to as 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, 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 comments must be received by 4:00 p.m., [C.S.T.], March 
29, 1995. If requested, a public hearing on the proposed amendment will 
be held on March 24, 1995. Requests to speak at the hearing must be 
received by 4:00 p.m., [C.S.T.], on March 14, 1995.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Mr. [[Page 10523]] James F. Fulton, 
Director, Springfield Field Office, at the address listed below.
    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 Filed 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 February 3, 1995 (Administrative Record No. IL-
1615), 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), and (u), and at 
its own initiative. The provisions of the 23 parts of Title 62 of the 
IAC that Illinois proposes to amend are discussed below.

A. 62 IAC 1700--General

    Illinois proposes the following revisions to Illinois Secs. 1700.11 
and 1700.16.
1. Section 1700.11--Applicability
    Illinois is adding new subsections (f)(1) and (f)(2) pertaining to 
termination of jurisdiction under the regulatory program over the 
reclaimed site of a completed surface coal mining and reclamation 
operation. These amendments mirror Federal regulations at 30 CFR 
1700.11 (d)(1) and (d)(2). Subsection (f)(1) specifies under what 
circumstances the Department may terminate its jurisdiction under the 
initial program and the permanent program. Subsection (f)(2) specifies 
under what circumstances the Department shall reassert jurisdiction 
under the regulatory program. Statutory and regulatory citations were 
proposed to be updated through the section.
2. Section 1700.16--Fees and Forfeitures
    Illinois is amending subsection (a) by requiring that fees 
collected under the provision of the Surface Coal Mining Land 
Conservation and Reclamation Act (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 State Act 
at 225 ILCS 720/9.07.

B. 62 IAC 1701. Appendix A--Definitions

    Illinois proposes adding definitions for Applicant Violator System, 
Federal violation notice, land eligible for remining, ownership or 
control link, State violation notice, and wetland. It is also revising 
the definitions for historic lands, substantially disturb, and 
violation notice.
    ``Applicant Violator System or AVS'' means the computer system 
maintained by OSM to identify ownership or control links involving 
permit applicants, permittees, and persons cited in violation notices.
    ``Federal violation notice'' means a violation notice issued by OSM 
or by another agency or instrumentality of the United States.
    A reference to Illinois' regulations at 62 IAC 1762 and 1764 was 
added to the ``Historic lands'' definition.
    ``Land eligible for remining'' means those lands that would 
otherwise be eligible for expenditures for 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).
    ``Ownership or control link'' means any relationship included in 
the definition of owned or controlled or owns or controls at 62 IAC 
1773.5(a) and (b) or in the violations review provisions of 62 IAC 
1773.15(b). It includes any relationship presumed to constitute 
ownership or control under the definition of ``owned or controlled'' or 
``owns or controls'' unless such presumption has been successfully 
rebutted under the provisions of 62 IAC 1773.24 and 1773.25.
    ``State violation notice'' means a violation notice issued by a 
State regulatory authority or by another agency or instrumentality of 
State government.
    The definition of substantially disturb, for purposes of coal 
exploration, is revised to exclude impact to air by blasting.
    ``Violation notice'' means any written notification from a 
governmental entity, whether by letter, memorandum, judicial or 
administrative pleading, or other written communication, of violation 
of the Act; any Federal regulation promulgated pursuant thereto: a 
State program; or any Federal or State law or regulation pertaining to 
air or water environmental protection in connection with a surface coal 
mining operation. It includes, but is not limited to, a notice of 
violation; an imminent harm cessation order; a failure-to-abate 
cessation order; a final order, bill or demand letter pertaining to a 
delinquent civil penalty; a bill or demand letter pertaining to 
delinquent abandoned mine reclamation fees; and a notice of bond 
forfeiture, where one or more violations upon which the forfeiture was 
based have not been corrected.
    ``Wetland'' means land that has a predominance of hydric soils 
(soils which are usually wet and where there is little or no free 
oxygen) and that is inundated or saturated by surface or groundwater at 
a frequency and duration sufficient to support, and that under normal 
circumstances does support, a prevalence of hydrophytic vegetation 
(plants typically found in wet habitats) typically adapted for life in 
saturated soil conditions. Areas which are restored or created as the 
result of mitigation or planned construction projects and which 
function as a wetland are included within this definition even when all 
three wetland parameters are not present.

C. 62 IAC 1761.11--Areas Where Mining is Prohibited or Limited

    At subsection (d)(2), Illinois is proposing to delete the phrase 
``including surface areas by planned subsidence.''

D. 62 IAC 1772--Requirements for Coal Exploration
    Illinois is proposing to revise the following sections of part 
1772. [[Page 10524]] 
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.''
    Subsection (d)(2)(C) is proposed to be amended by replacing the 
reference ``agency with jurisdiction over State Historic Preservation'' 
with ``Illinois Historic Preservation Agency.''

E. 62 IAC 1773--Requirements for Permits and Permit Processing

    Illinois is proposing to revise or add the following sections of 
part 1773, with the exception of section 1773.15(a)(1), consistent with 
changes made to the Federal regulations at 30 CFR 773 on October 28, 
1994 (59 FR 54306).
1. Section 1773.15--Review of Permit Applications
    Illinois is proposing to revise subsection (a)(1) by removing 
reference to its informal conference at Sec. 1773.13(c) and adding a 
reference to its public hearing at Sec. 1773.14.
    Illinois is proposing to revise subsection (b)(1) to assure a 
decision with respect to permit issuance or denial is based upon 
complete information relating to ownership, control, and violations by 
requiring its review to include information obtained pursuant to 
Secs. 1773.22, 1773.23, 1778,13, and 1778.14.
    Illinois is proposing to revise subsection (b)(2) to read as 
follows. ``(2) Any permit that is issued on the basis of a presumption 
supported by certification under 62 IAC 1778.14 that a violation is in 
the process of being corrected, on the basis of proof submitted under 
subsection (b)(1)(A) of this section that a violation is in the process 
of being corrected, or pending the outcome of an appeal described in 
subsection (b)(1)(B) of this section, shall be conditionally issued.''
2. Section 1773.20--Improvidently Issued Permits: General Procedures
    Subsection (b)(2)(B) is proposed to be revised to read as follows. 
``(B) Is not the subject of a good faith appeal, or of an abatement 
plan or payment schedule with which the permittee or other person 
responsible is complying to the satisfaction of the responsible agency; 
and * * *.''
    Existing subsection (b)(3) is proposed to be redesignated 
(b)(2)(C). New subsection (b)(3) is proposed to be added to read as 
follows. ``(3) The provisions of Sec. 1773.25 shall apply when the 
Department determines: (A) Whether a violation, penalty or fee existed 
at the time that it was cited, remains unabated or delinquent, has been 
corrected, is in the process of being corrected, or is the subject of a 
good faith appeal; and (B) whether any ownership or control link 
between the permittee and the person responsible for the violation, 
penalty or fee existed, still exists, or has been severed.''
    The proposed revision to subsection (c)(4) read as follows. ``(4) 
Rescind the permit. If the Department decides to rescind the permit, it 
shall give at least 30 days written notice to the permittee. If the 
Department decides to rescind the permit, it shall issue a notice in 
accordance with Sec. 1773.21. In either case, the permittee shall be 
given the opportunity to request review of the notice under 62 IAC 
1847.3. The Department's decision shall remain in effect during the 
pendency of the review, unless temporary relief is granted under 62 IAC 
1847.3(k).''
3. Section 1773.21--Improvidently Issued Permits: Rescission Procedures
    At subsection (a), Illinois proposes to add the phrase ``consistent 
with the provisions of section 1773.25'' after the words ``and the 
Department finds.''
    Subsection (c) is proposed to be deleted.
4. Section 1773.22--Vertification of Ownership or Control Application 
Information
    New Sec. 1773.22 requires the Department, prior to the issuance of 
a permit, to verify ownership or control information through manual 
data sources and through automated data sources, including the 
Applicant Violator System. Upon completion of the review, the 
Department shall update all ownership or control information on the 
Applicant Violator System.
5. Section 1773.23--Review of Ownership or Control and Violation 
Information
    New Sec. 1773.23 requires the Department to review all reasonably 
available information concerning violation notices connected with 
ownership or control links. The Department shall not approve the 
application unless and until it determines that violations have been 
corrected or are in the process of being corrected. Following the 
Department's decision on the application, the Department shall enter 
all relevant information related to such decision or withdrawal into 
the Applicant Violator System.
6. Section 1773.24--Procedures for Challenging Ownership or Control 
Shown in the applicant Violator System
    New Sec. 1773.24 establishes the procedures to be followed if a 
person wishes to challenge an ownership or control link between a 
person and any other person shown in the Applicant Violator System. The 
section provides procedures for direct appeals of such links to OSM by 
persons who have been so linked. The section also provides for 
challenges concerning the status of violations to which persons shown 
on the Applicant Violation System have been linked. The section further 
provides information on the challengers right for appeal of OSM's 
decision to the Department of the Interior's Office of Hearings and 
Appeals and the opportunity for those persons making a challenge to 
obtain a temporary relief from any adverse use of the challenged link 
or violation information during the pendency of such challenge.
7. Section 1773.25--Standards for Challenging Ownership or Control 
Links and the Status of Violations
    New Sec. 1773.25 establishes standards for challenges to ownership 
or control links and for challenges to the status of violations. The 
section allocates responsibilities between OSM and State regulatory 
authorities for resolving issues related to ownership and control and 
provides the standards for evidence to resolve such issues.

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 percent of the ``total 
permit acreage'' instead of the ``original total permit acreage.''
    Exceptions to the 5 percent 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 percent 
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 percent limit if the acreage has been 
addressed previously in a significant revision. [[Page 10525]] 
    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 mining applications to contain a 
description of the documents upon which the applicant bases his or her 
legal right to enter and mine for underground mining areas (shadow 
areas), including the right to subside within the shadow area. Right of 
entry information would still be required for the permitted surface 
areas at underground mines.
    At subsection (e), Illinois is proposing to add the phrase 
``including planned subsidence operations.''
    Illinois is proposing to add new subsection (f) to require 
applications for additions to the underground mining areas (shadow 
areas) to contain a notarized statement by a responsible official of 
the applicant attesting that all necessary mining rights, including the 
right to subside, if applicable, have been or 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 
for consistency with changes made to the Federal regulations at 30 CFR 
779 on May 27, 1994 (59 FR 27932).
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 Sec. 1779.22 and to reorganize the 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 subsection (b) are updated.

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

    Illinois is revising this section for consistency with changes made 
to the Federal regulations at 30 CFR 780 on May 27, 1994 (59 FR 27932). 
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 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 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 
for consistency with changes made to the Federal regulations at 30 CFR 
783 on May 27, 1994 (59 FR 27932).
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 Sec. 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

    Illinois is proposing to revise this section for consistency with 
changes made to the Federal regulations at 30 CFR 784 on May 27, 1994 
(59 FR 27932). 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 provision 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 
[[Page 10526]] 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 
to implement recently amended sections of the State Act at 225 ILCS 
720/2.02 and 3.15 and for consistency with revisions made to the 
Federal regulations at 30 CFR 795 on May 31, 1994 (59 FR 28136).
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 IAC 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 under the Small Operator Assistance Program and which meets the 
standards of section 1795.10'' and adding the language ``or other 
studies and/or reports or plans under the Small Operator Assistance 
Program which meet the standards of section 1795.10.''
3. Subsection 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 attributed annual production from all locations on which the 
operator is issued the surface coal mining and reclamation operations 
permit will not exceed 300,000 tons.
    At subsection (b)(1) and (b)(2), Illinois proposes changing the 
percentage of ownership of applicant from 5 percent to 10 percent with 
respect to the baseline above which ownership will play a role in 
determining attributed coal production.
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 Small Operator Assistance Program (SOAP). At subsection (b)(1), 
Illinois proposes to include engineering analysis and designs necessary 
for the determination of probable hydrologic consequences. 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 preblast surveys 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 original permittee's and 
transferee's total actual and attributed production exceeds 300,000 
tons during the 12 months immediately following the date on which the 
permit was originally issued. If the permit is transferred during the 
12-month period immediately following the permit issuance date, the 
determination of adherence to the 12-month, 300,000 ton limit shall be 
performed by combining the actual and attributed production of both 
parties for the 12-month period immediately following the date of 
original permit issuance.
    At subsection (b), the definition of good faith is deleted.

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

1. Section 1800.5--Definitions
    Subsection (b)(4) is revised to allow Illinois to accept letters of 
credit from banks organized or authorized in other states 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.
2. Section 1800.20--Surety Bonds
    Subsections (b)(2) through (b)(5), which contained surety bond 
conditions, are deleted.
3. Section 1800.21--Collateral Bonds
    Subsection (b)(1) is revised to allow Illinois to accept letters of 
credit from banks organized or authorized to do business in Illinois, 
in other States, 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.

O. 62 IAC 1816--Permanent Program Performance Standards--Surface Mining 
Activities and 62 IAC 1817 Permanent Program Performance Standards--
Underground Mining Activities

    Illinois proposed revisions to the following sections. Regulatory 
citations were updated, as necessary, throughout the sections. Since 
most of the surface mining and underground mining regulations in these 
sections are identical, the revisions are being combined for discussion 
purposes, unless otherwise noted. [[Page 10527]] 
1. Section 1816.13--Casing and Sealing of Drilled Holes: General 
Requirements; Section 1817.13--Casing and Sealing of Exposed 
Underground Openings: General Requirements
    Illinois is proposing to require that exposed underground openings 
be backfilled. The references to ``cased, sealed, or otherwise 
managed'' and ``closed'' are replaced with the reference to 
``backfilled.''
2. Section 1816.15--Casing and Sealing of Drilled Holes: Permanent; 
Section 1816.15--Casing and Sealing of Underground Openings: Permanent
    Illinois is proposing to require that exposed underground openings 
be backfilled. The references to ``capped, sealed, backfilled, or 
otherwise properly managed'' are replaced with the reference to 
``backfilled.''
3. Sections 1816.22/1817.22--Topsoil and Subsoil
    Illinois is proposing to delete subsection (b)(2) to eliminate the 
acreage restriction on topsoil substitutes that may be approved through 
the insignificant permit revision process. Therefore, existing 
subsection (b)(1) is redesignated subsection (b).
4. 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 National Pollutant Discharge Elimination System 
(NPDES) reports to the Department concurrently with those sent to the 
Illinois Environmental Protection Agency 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.
5. Sections 1816.46/1817.46--Hydrologic Balance: Siltation Structures
    The introductory sentence in subsection (e) is being changed to 
read ``Exemptions to the requirements to pass all drainage from 
disturbed areas through a siltation structure may be granted if * * 
*.'' Subsection (e) is proposed to be revised to provide for a second 
exemption. The exemption provided by new subsection (e)(2)(A) will 
allow the use of the alternative sediment control measures described in 
Sec. 1816.45(b) in lieu of siltation structures. The permittee will 
have to demonstrate that these measures are the best technology 
currently available (BTCA) to meet the effluent limitations and water 
quality standards for the receiving waters set forth in Sec. 1816.42. 
Existing subsection (e)(2) is redesignated as (e)(2)(B).
6. 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).
7. 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).
8. Sections 1816.116/1817.116--Revegetation: Standards for Success
    The State Act was recently amended at 225 ILCS 720/3.15 to change 
the revegetation responsibility period from five years to two years for 
areas eligible for remining. Sections 1816/1817.116(a)(2)(B) are 
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 Sec. 1816/1817.116(a)(2)(F), concerning augmentation 
requirements for high capability cropland areas, are proposed to be 
deleted and replaced with new provisions pertaining to wetlands 
augmentation. New Secs. 1816/1817.116(a)(2)(F) specify 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.
    Sections 1816/1817.116(a)(3)(E) are 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 2 years of a 10-year period prior to the release of the 
performance bond, except the first year of the 5-year extended 
responsibility period. The 1-year attempt limit for substituting corn 
productivity for 1 year of hay productivity is proposed to be removed 
from subsection (a)(3)(E). Sections 1816/1817.116(a)(3)(E) are also 
being revised to allow 1 year substitution of crops in lieu of hay on 
limited capability land, provided the Department determines that the 
practice is proper management.
    New Secs. 1816/1817.116(a)(3)(F) specify 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.
    Section 1816.116(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.
    New Secs. 1816/1817.116(a)(5)(A) specify 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 Secs. 1816/1817.116(a)(5)(B) further specify that areas designed to 
support vegetation in the approved plan shall have a minimum aerial 
coverage of 30 percent. The testing procedure in Secs. 1816/
1817.117(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 Secs. 1816/1817.116(c) are proposed to be added to provide for 
the use of reference areas to establish target yields in lieu of the 
Agricultural Lands Productivity Formula (ALPF) for cropland and 
hayland. 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) [[Page 10528]] to be represented is smaller 
than 800 acres, the reference area shall be the greater of 5 percent of 
the field(s) to be represented or 1 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 that each year the permitted provide a 
statement by a Federation of Certifying Boards in Agriculture, Biology, 
Earth and Environmental Sciences-certified professional or a certified 
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 and the Illinois 
Department of Agriculture 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 February 15 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 and shall be documented by the 
Illinois Department of Agriculture. 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.
9. Sections 1816.117/1817.117--Revegetation: Tree and Shrub Vegetation
    The State Act was amended at 225 ILCS 720/3.15 to change the 
revegetation responsibility period from five years to two years for 
areas eligible for remining. Sections 1816/1817.117(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 and 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 and 
shrubs shall not be counted in determining success during the same 
calendar year in which they were planted.
    Sections 1816/1817.117(a)(3) are proposed to be amended to clarify 
that erosion control structures, including pond embankments, shall not 
require the planting of trees and shrubs.
    Sections 1816/1817.117(b) are proposed to be amended to clarify 
that planting arrangements such as hedgerows, border plantings, clump 
plantings, shelterbelts, and open herbaceous areas 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.
    Sections 1816/1817.117(c)(1) are proposed to be revised by 
replacing the word ``area'' with the word ``field.'' These sections are 
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.
10. 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.
11. Section 1817.131--Cessation of Operations: Temporary
    At subsection (b), three typographical errors were corrected. The 
word ``conduct'' was changed to ``conducts'' in the first sentence. The 
word ``affected'' was added and the word ``are'' was corrected to the 
word ``area'' in the second sentence.
12. 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.''
13. 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.
14. 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 word ``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.''
15. 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).
16. Section 1816.Appendix A--Agricultural Lands Productivity Formula--
Permit Specifics Yield Standard
    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 redesignated 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 redesignated subsection (b) are now 
subject to the provisions of subsections (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 [[Page 10529]] 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, after 
approval of the recalculation. Approved significant revisions after 
permanent cessation of mining 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.
17. Section 1816.Appendix A--Agricultural Lands Productivity Formula--
Agricultural Lands Productivity Formula Sampling Method
    Illinois proposed changes for the ``Agricultural Lands Productivity 
Formula Sampling Method'' section. In the last paragraph of this 
section, a revision was made to require the Department and the Illinois 
Department of Agriculture to jointly request the operator to verify 
yields by harvest weight. Reason Number 3 for this verification request 
was deleted.

P. 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 1825.14(a). Illinois added new subsection 
(e)(1)(E) to specify that excessive compaction is also indicated by 
other diagnostic methods approved by the Department, in consultation 
with the Illinois Department of Agriculture and the U.S. Department of 
Agriculture, Soil Conservation Service.
    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.

Q. 62 IAC 1840--Department Inspections

1. Section 1840.11--Inspections by the Department
    At subsection (d) the heading ``Aerial inspections'' was added.
    Illinois proposed new subsections (g) and (h) to address 
inspections at sites which have been abandoned without completion of 
reclamation or abatement of violations. The proposed amendments are 
consistent with 30 CFR 840.11 (g) and (h), as amended on November 28, 
1994 (59 FR 60876).
    New subsection (g) contains the criteria required for classifying a 
site as abandoned. Before a site can qualify for a change in inspection 
frequency, Illinois must make a written finding that the site meets the 
abandoned site definition criteria.
    New subsection (h) contains the criteria for selecting an alternate 
inspection frequency commensurate with the public health and safety and 
environmental considerations present at each specific site. Illinois 
must conduct a complete inspection of the abandoned site and provide 
public notice of its findings. A written finding, which addresses all 
the criteria contained in this section, justifying the alternative 
inspection frequency selected must be prepared and maintained for 
public review.
2. Section 1840.17--Review of Decision Not to Inspect or Enforce
    Subsection (a) is proposed to be revised by requiring the request 
for review to be submitted within 30 days from the date the citizen is 
notified of the decision. 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.

R. 62 IAC 1843--State Enforcement

    Illinois proposes 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 3 or more 
State inspections of the permit area within any 12-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 subsection (c), 
(d), (e), and (f) were redesignated as (b), (c), (d), and (e), 
respectively.
2. Section 1843.23--Enforcement Actions at Abandoned Sites
    This new section specifies that the Department may refrain from 
issuing a notice of violation or cessation order for a violation at an 
abandoned site, as defined in 62 IAC 1840.11(g), if abatement of the 
violation is required under any previously issued notice or order.

S. 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 in determining whether to assess a penalty below 
$1,100. Illinois is also codifying its long-standing policy of 
assessing a penalty below $1,100 if it is the permittee's second or 
more related violation within a 12-month period.

T. 62 IAC 1847--Administrative and Judicial Review

    Illinois proposes revisions to the following sections of part 1847.
1. Section 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 (i), Illinois is proposing to change the time period 
from 15 to 10 days for filing of written exceptions and responses. 
Also, they are to be filed with the hearing officer instead of the 
Director.
    At subsection (j), Illinois is proposing to have the proposed 
decision become final in 10 days instead of 15 if no written exceptions 
are filed. Illinois is also proposing that the hearing officer instead 
of the Director issue the final administrative decision affirming or 
modifying or vacating the proposed decision if written exceptions are 
filed. [[Page 10530]] 
    At subsection (l)(2), Illinois is adding the provision that 
judicial review may be requested if the Department also failed to act 
within specified time limits.
2. Section 1847.4--Citation Hearings
    At subsection (j), Illinois is proposing to change the time period 
from 15 to 10 days for filing of written exceptions and responses. 
Also, they are to be filed with the hearing officer instead of the 
Director.
    At subsection (k), Illinois is proposing to have the proposed 
decision become final in 10 days instead of 15 if no written exceptions 
are filed. Illinois is also proposing that the hearing officer instead 
of the Director issue the final administrative decision affirming or 
modifying or vacating the proposed decision if written exceptions are 
filed.
3. Section 1847.5--Civil Penalty Assessment Hearings
    At subsection (m), Illinois is proposing to change the time period 
from 15 to 10 days for filing of written exceptions and responses. 
Also, they are to be filed with the hearing officer instead of the 
Director.
    At subsection (n), Illinois is proposing to have the proposed 
decision become final in 10 days instead of 15 if no written exceptions 
are filed. Illinois is also proposing that the hearing officer instead 
of the Director issue the final administrative decision affirming or 
modifying or vacating the proposed decision if written exceptions are 
filed.
4. Section 1847.6--Show Cause Hearings
    At subsection (k), Illinois is proposing to change the time period 
from 15 to 10 days for filing of written exceptions and responses. 
Also, they are to be filed with the hearing officer instead of the 
Director.
    At subsection (l), Illinois is proposing to have the proposed 
decision become final in 10 days instead of 15 if no written exceptions 
are filed. Illinois is also proposing that the hearing officer instead 
of the Director issue the final administrative decision affirming or 
modifying or vacating the proposed decision if written exceptions are 
filed.
5. Section 1847.7--Bond Forfeiture Hearings
    At subsection (j), Illinois is proposing to change the time period 
from 15 to 10 days for filing of written exceptions and responses. 
Also, they are to be filed with the hearing officer instead of the 
Director.
    At subsection (k), Illinois is proposing to have the proposed 
decision become final in 10 days instead of 15 if no written exceptions 
are filed. Illinois is also proposing that the hearing officer instead 
of the Director issue the final administrative decision affirming or 
modifying or vacating the proposed decision if written exceptions are 
filed.

U. 62 IAC 1848.5--Notice of Hearing

    Proposed new subsection (f) implements a July 7, 1993, amendment to 
Sec. 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 subsection (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 
\1/8\ page in size, and the smallest type used shall be 12 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.

V. 62 IAC 1850--Training, Examination and Certification of Blasters
    Illinois proposes 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 4:00 p.m., 
[C.S.T.], on March 14, 1995. The location and time of the hearing will 
be arranged with those persons requesting the hearing. If no one 
requests an opportunity to speak [[Page 10531]] 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.
    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.

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: February 16, 1995.
Richard Seibel,
Acting Assistant Director, Eastern Support Center.
[FR Doc. 95-4681 Filed 2-24-95; 8:45 am]
BILLING CODE 4310-05-M