[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)]
[Rules and Regulations]
[Pages 37383-37385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18265]


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DEPARTMENT OF THE INTERIOR
30 CFR Part 913

[SPATS No. IL-092-FOR]


Illinois Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: OSM is approving 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). Illinois proposed to revise four sections and to add one 
section to Title 62 of the Illinois Administrative Code (IAC) 
regulations pertaining to self-bonding. The amendment is intended to 
revise the Illinois program to be consistent with the corresponding 
Federal regulations.

EFFECTIVE DATE: July 18, 1996.

FOR FURTHER INFORMATION CONTACT:
Roger W. Calhoun, Director, Indianapolis Field Office, Office of 
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal 
Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN 
46204-1521, Telephone: (317) 226-6700.

SUPPLEMENTARY INFORMATION:

I. Background on the Illinois Program
II. Submission of the Proposed Amendment
III. Director's Findings
IV. Summary and Disposition of Comments
V. Director's Decision
VI. Procedural Determinations

I. Background on the Illinois Program

    On June 1, 1982, the Secretary of the Interior conditionally 
approved the Illinois program. 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. Submission of the Proposed Amendment

    By letter dated March 4, 1996 (Administrative Record No. IL-1800), 
Illinois submitted a proposed amendment to its program pursuant to 
SMCRA. Illinois submitted the proposed amendment in response to the 
required program amendment that the Director placed on the Illinois 
program at 30 CFR 913.16(v) on February 2, 1994, (59 FR 4832). The 
Director required Illinois, prior to implementing the self-bonding 
statute at 225 ILCS 720/6.01(b), to submit and receive OSM approval of 
implementing regulations for the self-bonding provisions.
    OSM announced receipt of the proposed amendment in the March 29, 
1996, Federal Register (61 FR 14039), and in the same document opened 
the public comment period and provided an opportunity for a public 
hearing on the adequacy of the proposed amendment. The public comment 
period closed on April 29, 1996.

III. Director's Findings

    Set forth below, pursuant to SMCRA and the Federal regulations at 
30 CFR 732.15 and 732.17, are the Director's findings concerning the 
proposed amendment.
    Revisions not specifically discussed below concern nonsubstantive 
wording changes, or revised cross-references and paragraph notations to 
reflect organizational changes resulting from this amendment.

[[Page 37384]]

A. Revisions to Illinois' Regulations That Are Substantively Identical 
to the Corresponding Provisions of the Federal Regulations

----------------------------------------------------------------------------------------------------------------
              Topic                           State regulation                       Federal regulation         
----------------------------------------------------------------------------------------------------------------
Regulatory authority               62 IAC 1800.4 (c), (d)-(f)............  30 CFR 800.4 (d), (e)-(g).           
 responsibility.                                                                                                
Definitions......................  62 IAC 1800.5(c)......................  30 CFR 800.5(c).                     
Requirement to file a bond.......  62 IAC 1800.11(a).....................  30 CFR 800.11(a).                    
Form of the performance bond.....  62 IAC 1800.12 (b)-(d)................  30 CFR 800.12 (b)-(d).               
Self-bonding.....................  62 IAC 1800.23........................  30 CFR 800.23.                       
----------------------------------------------------------------------------------------------------------------

    Because the above proposed revisions are identical in meaning to 
the corresponding Federal regulations, the Director finds that 
Illinois's proposed rules are no less effective than the Federal rules, 
and he is removing the required amendment at 30 CFR 913.16(v).

B. Revisions to Illinois' Regulations With No Corresponding Federal 
Regulations

    Illinois proposes to add a regulatory provision to 62 IAC 1800.11, 
Requirement to File a Bond, at new subsection (e). This provision will 
allow the State to administer self-bonding for eligible permittees 
consistent with all applicable provisions of Sections 1800.1 through 
1800.50. These sections contain all of Illinois' bonding requirements 
for surface coal mining and reclamation operations. There is no direct 
counterpart Federal regulation for this addition. However, the Director 
finds that Illinois' proposed regulation at 62 IAC 1800.11(e) is not 
inconsistent with the Federal regulations pertaining to self-bonding.

IV. Summary and Disposition of Comments

Public comments

    The Director solicited public comments and provided an opportunity 
for a public hearing on the proposed amendment. No public comments were 
received, and because no one requested an opportunity to speak at a 
public hearing, no hearing was held.

Federal Agency Comments

    Pursuant to 30 CFR 732.17(h)(11)(i), the Director solicited 
comments on the proposed amendment from various Federal agencies with 
an actual or potential interest in the Illinois program. No comments 
were received from any Federal agency.

Environmental Protection Agency (EPA)

    Pursuant to 30 CFR 732.17(h)(11)(ii), OSM is required to obtain the 
written concurrence of the EPA with respect to those provisions of the 
proposed program amendment that relate to air or water quality 
standards promulgated under the authority of the Clean Water Act (33 
U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.).
    None of the revisions that Illinois proposed to make in this 
amendment pertain to air or water quality standards. Therefore, OSM did 
not request EPA's concurrence.
    On March 12, 1996, pursuant to 732.17(h)(11)(i), OSM solicited 
comments on the proposed amendment from EPA (Administrative Record No. 
IL-1801). EPA did not respond to OSM's request.

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

    Pursuant to 30 CFR 732.17(h)(4), OSM is required to solicit 
comments on proposed amendments which may have an effect on historic 
properties from the SHPO and ACHP. OSM solicited comments on the 
proposed amendment from the SHPO and ACHP (Administrative Record No. 
IL-1801). Neither SHPO nor ACHP responded to OSM's request.

V. Director's Decision

    Based on the above findings, the Director approves the proposed 
amendment as submitted by Illinois on March 4, 1996. The Director 
approves the rules as proposed by Illinois with the provision that they 
be fully promulgated in identical form to the rules submitted to and 
reviewed by OSM and the public.
    The Federal regulations at 30 CFR Part 913, codifying decisions 
concerning the Illinois program, are being amended to implement this 
decision. This final rule is being made effective immediately to 
expedite the State program amendment process and to encourage States to 
bring their programs into conformity with the Federal standards without 
undue delay. Consistency of State and Federal standards is required by 
SMCRA.

Effect of Director's Decision

    Section 503 of SMCRA provides that a State may not exercise 
jurisdiction under SMCRA unless the State program is approved by the 
Secretary. Similarly, 30 CFR 732.17(a) requires that any alteration of 
an approved program be submitted to OSM for review as a program 
amendment. In the oversight of the Illinois program, the Director will 
recognize only the statutes, regulations, and other materials approved 
by OSM, together with any consistent implementing policies, directives, 
and other materials, and will require the enforcement by Illinois of 
only such provisions.

VI. 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 12988

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

[[Page 37385]]

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 
corresponding 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 corresponding Federal regulations.

Unfunded Mandates

    This rule will not impose a cost of $100 million or more in any 
given year on any governmental entity or the private sector.

List of Subjects in 30 CFR Part 913

    Intergovenmental relations, Surface mining, Underground mining.

    Dated: June 21, 1996.
Brent Wahlquist,
Regional Director, Mid-Continent Regional Coordinating Center.

    For the reasons set out in the preamble, 30 CFR part 913 is amended 
as set forth below:

PART 913--ILLINOIS

    1. The authority citation for part 913 continues to read as 
follows:

    Authority: 30 U.S.C. 1201 et seq.

    2. Section 913.15 is amended by adding paragraph (t) to read as 
follows:


Sec. 913.15   Approval of regulatory program amendments.

 * * * * *
    (t) The amendment submitted to OSM on March 4, 1996, pertaining to 
self-bonding is approved effective July 18, 1996.


Sec. 913.16   [Amended]

    3. Section 913.16 is amended by removing paragraph (v).

[FR Doc. 96-18265 Filed 7-17-96; 8:45 am]
BILLING CODE 4310-05-M