[Federal Register Volume 67, Number 96 (Friday, May 17, 2002)]
[Rules and Regulations]
[Pages 35029-35035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12461]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[IL-101-FOR]


Illinois Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement 
(OSM), are approving an amendment to the Illinois regulatory program 
(Illinois program) under the Surface Mining Control and Reclamation Act 
of 1977 (SMCRA or the Act). The Illinois Department of Natural 
Resources, Office of Mines and Minerals (Illinois or Department) 
proposed revisions to its regulations about regulatory coordination 
with requirements under other laws, permit processing requirements, 
permit fees, right of entry, performance bonds, revegetation timing, 
standards for measuring revegetation success of herbaceous wildlife 
vegetation, affected acreage, use of explosives, high capability lands, 
suspension or revocation of permits, and public and administrative 
hearings. Illinois also proposed to correct or remove outdated 
references in several regulations. Illinois revised its program to be 
consistent with the corresponding Federal regulations, to clarify 
ambiguities, and to improve operational efficiency.

EFFECTIVE DATE: May 17, 2002.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office. Telephone:

[[Page 35030]]

(317) 226-6700. Internet: [email protected].

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

I. Background on the Illinois Program

    Section 503(a) of the Act permits a State to assume primacy for the 
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that 
its State program includes, among other things, ``. . . a State law 
which provides for the regulation of surface coal mining and 
reclamation operations in accordance with the requirements of this Act 
. . .; and rules and regulations consistent with regulations issued by 
the Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). 
On the basis of these criteria, the Secretary of the Interior 
conditionally approved the Illinois program on June 1, 1982. You can 
find background information on the Illinois program, including the 
Secretary's findings, the disposition of comments, and the conditions 
of approval in the June 1, 1982, Federal Register (47 FR 23858). You 
can also find later actions concerning the Illinois program and program 
amendments at 30 CFR 913.15, 913.16, and 913.17.

II. Submission of the Amendment

    By letter dated October 15, 2001 (Administrative Record No. IL-
5073), Illinois sent us an amendment to its program under SMCRA (30 
U.S.C. 1201 et seq.). Illinois sent the amendment at its own 
initiative. Illinois proposed to amend its surface coal mining and 
reclamation regulations at Title 62 of the Illinois Administrative Code 
(IAC).
    We announced receipt of the amendment in the November 27, 2001, 
Federal Register (66 FR 59201). In the same document, we opened the 
public comment period and provided an opportunity for a public hearing 
or meeting on the amendment's adequacy. We did not hold a public 
hearing or meeting because no one requested one. The public comment 
period ended on December 27, 2001. We received comments from one 
Federal agency.
    During our review of the amendment, we identified some editorial 
problems. We notified Illinois of these concerns by letter dated 
January 7, 2002 (Administrative Record No. IL-5075).
    By letter dated March 6, 2002 (Administrative Record No. IL-5076), 
Illinois sent us revisions to its proposed program amendment. Because 
the revisions merely clarified certain provisions of Illinois' 
amendment, we did not reopen the public comment period.

III. OSM's Findings

    Following are the findings we made concerning the amendment under 
SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. We are 
approving the amendment as described below.
    Any revisions that we do not discuss below concern nonsubstantive 
wording or editorial changes or revised cross-references and paragraph 
notations to reflect organizational changes resulting from this 
amendment.

A. Minor Revisions to Illinois' Regulations

    1. Illinois removed its current office address and added a 
reference to the ``Department's Springfield office'' at 62 IAC 
1700.12(a), Petitions to Initiate Rulemaking; 62 IAC 1780.21(a) and 
1784.14(a), Hydrologic Information; 62 IAC 1816.116(a)(2)(C), (5)(A) 
and 1817.116(a)(2)(C), (5)(A), Standards for Success of Revegetation; 
and 62 IAC 1846.17(b)(1), Procedure for Assessment of Individual Civil 
Penalty. Illinois made these changes so the regulations would not have 
to be corrected because of future address changes.
    The proposed changes do not alter the requirements of these 
previously approved provisions in the Illinois regulations. Therefore, 
we find that they will not make Illinois' regulations less effective 
than the corresponding Federal regulations.
    2. Illinois made minor wording changes, corrected citation 
references, and simplified its use of numbers in 62 IAC 1700.11, 
Applicability; 62 IAC 1700.12, Petitions to Initiate Rulemaking; 62 IAC 
1773.12, Regulatory Coordination with Requirements under Other Laws; 62 
IAC 1773.13, Public Participation in Permit Processing; 62 IAC 1777.17, 
Permit Fees; 62 IAC 1780.21, Hydrologic Information; 62 IAC 1785.23, 
Minor Underground Mine Facilities; 62 IAC 1800.11, Requirement to File 
a Bond; 62 IAC 1816.41, Hydrologic Balance Protection; 62 IAC 1816.113, 
Revegetation Timing; 62 IAC 1816.116, Revegetation Standards for 
Success; 62 IAC 1816.117, Revegetation--Tree, Shrub, and Herbaceous 
Wildlife Vegetation; 62 IAC 1817.66, Use of Explosives--Blasting Signs, 
Warnings, and Access Control; 62 IAC 1817.116, Revegetation Standards 
for Success; 62 IAC 1817.117, Revegetation--Tree, Shrub, and Herbaceous 
Vegetation; 62 IAC 1825.14, Soil Replacement on High Capability Lands; 
62 IAC 1843.13, Suspension or Revocation of Permits; 62 IAC 1846.17, 
Procedure for Assessment of Individual Civil Penalty; 62 IAC 1847.3, 
Permit and Related Administrative Hearings; and 62 IAC 1847.9, Bond 
Release Public Hearings.
    Because these revisions do not change the meaning of Illinois' 
previously approved regulations, we find that they will not make 
Illinois' regulations less effective than the corresponding Federal 
regulations.

B. Illinois Interagency Committee on Surface Mining Control and 
Reclamation (Interagency Committee)

    1. Illinois removed the language from 62 IAC 1773.12 that required 
the Interagency Committee to review permit applications and provide the 
Department with comments and recommendations for coordination with 
requirements under other specified laws and regulations. Illinois added 
language that requires the Department to provide for the coordination 
of review and issuance of permits with requirements under other 
specified laws and regulations. Illinois made these revisions because 
Illinois Public Act 90-0490 abolished the Interagency Committee through 
an amendment to 225 Illinois Compiled Statutes (ILCS) 720/1.05 in 1997. 
The amendment to 225 ILCS 720/1.05 also delegated all programmatic 
functions formerly performed by the Interagency Committee to the 
Department. The Interagency Committee was originally created to review 
permit applications and provide comments to the Department on 
protection of the hydrologic system, water pollution control, the 
reclamation plan, soil handling techniques, dams and impoundments, and 
postmining land use.
    On November 21, 2001, we approved the amendment to 225 ILCS 720/
1.05 because the Department had increased its technical expertise in 
all areas needed to perform the programmatic functions formerly 
performed by the Interagency Committee (66 FR 58371). Also, the 
Department has the authority under 225 ILCS 720/9.04 to delegate 
responsibilities, other than final action on permits, to other State 
agencies with the authority and technical expertise to carry out such 
responsibilities. For the same reasons, we find that Illinois' revised 
regulation at 62 IAC 1773.12 meets the requirements of and is no less 
effective than the counterpart Federal regulation at 30 CFR 773.5.
    2. Illinois also deleted references to the ``Interagency 
Committee'' from 62

[[Page 35031]]

IAC 1700.11(b), Applicability; 62 IAC 1780.21(f)(3)(D)(v), Hydrologic 
Information (Surface Mining Operations); and 1784.14(e)(3)(C)(v), 
Hydrologic Information (Underground Mining Operations). These 
regulations required the Department to send copies of permit 
applications and exemption requests to the Interagency Committee for 
review and comment. Illinois removed the references because Illinois 
Public Act 90-0490 abolished the Interagency Committee in the amendment 
to 225 ILCS 720/1.05. As discussed above in finding B.1, the Department 
performs the programmatic functions formerly performed by the 
Interagency Committee. This includes technical reviews of applications 
and exemption requests. Therefore, we find that the proposed deletions 
will not make Illinois' regulations less effective than the counterpart 
Federal regulations.

C. 62 IAC 1773.13 Public Participation in Permit Processing

    1. Illinois revised 62 IAC 1773.13(a)(1)(B) to require that the map 
or description of the proposed permit area published as part of the 
public notice advertising a permit, revision, or renewal application 
include the shadow area for underground mines. If the application 
includes a shadow area, the applicant must differentiate between the 
permit area and shadow area on the map or in the description. Illinois 
defines ``shadow area'' to mean ``any area beyond the limits of the 
permit area in which underground mine workings are located.''
    The counterpart Federal regulation at 30 CFR 773.6(a)(1)(ii) does 
not specifically require the applicant to include the area over 
underground workings on the map or in the description. However, by 
specifying only the minimum contents of the advertisement, the Federal 
regulation at 30 CFR 773.6(a)(1) allows regulatory authorities to 
require applicants to include in the advertisement any additional 
information that they consider necessary. Therefore, we find that 
Illinois' revision will not make 62 IAC 1773.13(a)(1)(B) less effective 
than the counterpart Federal regulation at 30 CFR 773.6(a)(1)(ii).
    2. Illinois revised 62 IAC 1773.13(a)(2) to require the applicant 
to file an additional copy of any changes to the permit application 
with the Department. The Department will then forward the additional 
copy to the county clerk at the courthouse where the permit application 
is filed. The corresponding Federal regulation at 30 CFR 773.6(a)(2) 
requires the applicant to file any changes to the application with the 
public office at the same time the change is submitted to the 
regulatory authority. Accessibility to local residents is the intent 
behind this local filing requirement. We find that Illinois' revised 
regulation is no less effective than the Federal regulation in meeting 
this intent. Therefore, we are approving the revision to 62 IAC 
1773.13(a)(2).

D. 62 IAC 1773.15 Review of Permit Applications

    Illinois revised 62 IAC 1773.15(a)(1) by restructuring its existing 
requirements and adding a new provision at paragraph (a)(1)(B)(i) that 
requires the applicant to submit modifications to the Department within 
one year of being notified of the need for them. If the applicant does 
not submit the required modifications to the Department within one 
year, the Department will issue a written finding denying the 
application. The Department may issue an extension to this time limit 
if the applicant can demonstrate just cause for doing so. Examples of 
just cause include extended periods of illness, extreme inclement 
weather, acts of civil unrest, or other emergency situations.
    Although there is no exact Federal counterpart to the new 
provision, the corresponding Federal regulation at 30 CFR 773.7(a) 
allows the regulatory authority discretion to establish a reasonable 
time for processing permits. Thus, we find that Illinois' revisions 
will not make 62 IAC 1773.15(a)(1) less effective that the 
corresponding Federal regulation.

E. 62 IAC 1777.17 Permit Fees

    Illinois restructured and redesignated the existing provisions at 
subsections (a) through (c) as new subsections (b) through (d). 
Illinois revised and redesignated existing subsection (d) as new 
subsection (e). Illinois then added a new provision at subsection (a). 
The new provision at subsection (a) and the revised provision at 
subsection (e) read as follows:

    (a) After a permit application under 62 Ill. Adm. Code 1772 
through 1785 has been deemed approvable, but before a permit is 
issued in accordance with 62 Ill. Adm. Code 1773.19, the Department 
shall notify the applicant in writing of the amount of fee required 
for the permit.
    (e) Failure to submit permit fees within 1 year after 
notification of the required fee amount shall result in the 
application being deemed null and void. The Department may issue an 
extension to this time limit if the applicant can demonstrate just 
cause (e.g., extended periods of illness, extreme inclement weather, 
acts of civil unrest, or other emergency situations) for doing so.

    The Federal regulation at 30 CFR 777.17 requires a permit 
application to be accompanied by a fee determined by the regulatory 
authority. It also allows the regulatory authority to develop 
procedures for the method of payment. We find that the new provision at 
62 IAC 1777.17(a) and the revised provision at 62 IAC 1777.17(e) are 
consistent with these Federal requirements.

F. 62 IAC 1778.15 Right of Entry Information

    Illinois removed a reference to planned subsidence operations from 
subsection (e). As revised, this subsection requires applicants, 
claiming to have valid existing rights to conduct surface coal mining 
operations within an area where mining is prohibited or limited, to 
submit specified information in their permit applications.
    There is no Federal counterpart to Illinois regulation at 62 IAC 
1778.15(e). However, we find that removal of the reference to planned 
subsidence operations from 62 IAC 1778.15(e) does not adversely affect 
other aspects of the Illinois program and is not inconsistent with the 
right of entry provisions of the Federal regulations at 30 CFR 778.15.

G. 62 IAC 1785.23 Minor Underground Mine Facilities Not at or Adjacent 
to the Processing or Preparation Facility or Area

    Illinois proposes to revise 62 IAC 1785.23(d)(4) by removing a 
reference to the ``Interagency Committee'' and adding a reference to 
``other state agencies.'' The revised paragraph reads as follows:

    Other state agencies deemed appropriate by the Department shall 
be given copies of the application and provided 30 days from the 
date of receipt to submit comments.

    Illinois originally adopted 62 IAC 1785.23 to take into account the 
distinct differences, between surface and underground mining. This 
category of facilities, which includes air shafts, fan and ventilation 
buildings, small support buildings or sheds, access power holes, and 
other small structures, would be subject to an abbreviated permit 
application and review period on the basis that these types of 
structures have a very minimal impact on the land and the environment. 
There is no Federal counterpart to these previously approved 
provisions.
    Illinois removed the reference to the ``Interagency Committee'' 
because Illinois Public Act 90-0490 abolished the Interagency Committee 
in an amendment to 225 ILCS 720/1.05. As discussed above in finding 
B.1, the

[[Page 35032]]

Department has the authority under 225 ILCS 720/9.04 to delegate 
responsibilities, other than final action on permits, to other State 
agencies with the authority and technical expertise to carry out such 
responsibilities. This includes the review of permit applications. 
While there is no direct Federal counterpart to 62 IAC 1785.23, we find 
that the revision to paragraph (d)(4) is not inconsistent with the 
permit application review provisions of 30 CFR 773.6.

H. 62 IAC 1800.11  Requirement to File a Bond

    Illinois is revising 62 IAC 1800.11(a) to require the Department to 
notify a permit applicant in writing of the amount of bond required to 
ensure reclamation of the permit area. The permit applicant then has 
one year to submit a performance bond. The Department will consider the 
permit application null and void if the applicant does not submit the 
bond within the time specified. The Department may issue an extension 
of the time limit if the applicant can demonstrate just cause for doing 
so. Examples of just cause include extended periods of illness, extreme 
inclement weather, acts of civil unrest, or other emergency situations.
    Although the Federal regulation at 30 CFR 800.11(a) does not 
include these provisions, we find that they are not inconsistent with 
the Federal requirements for filing a performance bond.

I. 62 IAC 1800.40  Requirement to Release Performance Bonds

    At 62 IAC 1800.40, Illinois reversed the order of the provisions in 
existing subsections (d) and (e) and revised them as discussed below.
    1. Redesignated subsection (d) concerns the right that specified 
persons have to file objections to a proposed bond release. Illinois is 
revising this subsection by adding language to specify that these 
persons also have the right to file ``a written request for hearing.'' 
Illinois added this language to clarify that a public hearing must be 
requested.
    Although the counterpart Federal regulation at 30 CFR 800.40(f) 
does not contain the proposed language, it does indicate that a hearing 
must be requested. Thus, we find that 62 IAC 1800.40(d) is no less 
effective than the counterpart Federal regulation.
    2. Redesignated subsection (e) concerns the right that the 
permittee, the surety, and any person with an interest in collateral 
posted as a bond have to request a hearing if the Department 
disapproves an application for release of bond. Illinois revised this 
subsection to provide these persons with an opportunity to request an 
administrative hearing in accordance with the procedures of 62 IAC 
1847.3. Currently, Illinois provides an opportunity for a public 
hearing.
    The counterpart Federal regulation at 30 CFR 800.40(d) also 
provides these persons with an opportunity for a public hearing. 
However, Illinois' allowance for a formal administrative hearing will 
provide an increased level of due process for those persons most 
affected by a final decision to disapprove a bond release application. 
Therefore, we find that Illinois' regulation at 62 IAC 1800.40(e) is no 
less effective than the counterpart Federal regulation.

J. 62 IAC 1816.113 (Surface Mining) and 62 IAC 1817.113 (Underground 
Mining) Revegetation Timing

    Illinois is adding a new provision at subsection (b) to establish a 
time frame for the planting of trees and shrubs. Illinois is requiring 
trees and shrubs to be planted within two years after replacement of 
the plant-growth medium. Illinois' regulations at 62 IAC 1816.117 and 
1817.117 require that vegetation for areas to be developed for fish and 
wildlife habitat (including shelter belts), recreation, and forest 
products include tree and shrub populations and vegetative ground 
cover.
    The counterpart Federal regulations at 30 CFR 816.113 and 817.113 
concerning revegetation timing do not contain a specific time frame for 
the planting of trees and shrubs. However, Illinois' proposal would 
allow sufficient time for vegetative ground cover to become well 
established before the trees and shrubs are planted. By requiring that 
trees and shrubs be planted within two years, the provision ensures 
contemporaneous reclamation for areas to be developed for fish and 
wildlife habitat (including shelter belts), recreation, and forest 
products. Therefore, we find that a two-year time frame is reasonable 
for the planting of trees and shrubs. Thus the proposed provision at 62 
IAC 1816.116 (b) and 1817.113(b) will not make Illinois' regulations 
less effective than the counterpart Federal regulations.

K. 62 IAC 1816.117 (Surface Mining) and 62 IAC 1817.117 (Underground 
Mining) Revegetation-Tree, Shrub, and Herbaceous Wildlife Vegetation

    Illinois added new subsection (e) to its regulations at 62 IAC 
1816.117 and 1817.117 to provide a standard for measuring revegetation 
success for areas reclaimed to herbaceous vegetation.
    1. The first provision in new subsection (e) specifies that 
vegetative ground cover of approved species must not be less than 
required to achieve the approved postmining land use for areas where 
herbaceous vegetation plants are used for fish and wildlife habitat 
(including shelter belts) or recreation land uses. The herbaceous 
vegetation must also be adequate to control erosion, and must not be 
less than 70 percent during the last year of the responsibility period.
    Although the Federal regulations at 30 CFR 816.116(b)(3)(iii) and 
817.116(b)(3)(iii) do not contain specific standards for measuring the 
revegetation success of herbaceous vegetation, they do specify that 
vegetative ground cover must not be less than that required to achieve 
the approved postmining land use. In the preamble for the Federal 
regulations (48 FR 40152, September 2, 1983), we noted that the 
regulations were written in a general form because of the variation in 
natural ground cover conditions throughout the States. We further 
indicated that each State would either need to require the use of 
reference areas, to specify minimum levels of ground cover as a 
percentage of surface area, or to adopt some other acceptable standard. 
The additional standards proposed by Illinois are acceptable for 
determining revegetation success of herbaceous vegetative ground cover 
for fish and wildlife habitat (including shelter belts) and recreation 
land uses. Therefore, we find that this provision at 62 IAC 1816.117(e) 
and 1817.117(e) is no less effective than the counterpart Federal 
requirements for ground cover success.
    2. Illinois also added a provision to subsection (e) that allows 
the Department to approve planting arrangements such as hedgerows, 
border plantings, clump plantings, shelterbelts, and open herbaceous 
areas, which increase diversity within wildlife areas, on a case-by-
case basis before these areas are planted.
    The Federal regulations at 30 CFR 816.116(b)(3)(i) and 
817.116(b)(3)(i) require minimum stocking and planting arrangements to 
be specified by the regulatory authority on the basis of local and 
regional conditions. Therefore, we find that the proposed provision 
will not make Illinois' regulations at 62 IAC 1816.117(e) and 
1817.117(e) less effective than the Federal regulations.

L. 62 IAC 1816.190 Affected Acreage Map

    Illinois revised 62 IAC 1816.190(b) to require that areas affected 
by auger mining must be shown on the annual affected acreage reports 
and maps.

[[Page 35033]]

Currently, Illinois requires only that the reports and maps show 
affected surface areas.
    There are no direct counterpart Federal regulations that require 
permittees to submit affected acreage reports and maps. However section 
517(b)(1) of SMCRA provides that ``the regulatory authority shall 
require any permittee to (A) establish and maintain appropriate 
records, * * * and (E) provide such other information relative to 
surface coal mining and reclamation operations as the regulatory 
authority deems reasonable and necessary.'' Therefore, we find the 
proposed revision to 62 IAC 1816.190(b) would not make the Illinois 
regulations inconsistent with SMCRA or the Federal regulations.

M. 62 IAC 1817.64 Use of Explosives-General Performance Standards

    Illinois revised 62 IAC 1817.64(c) by replacing the existing 
language with the following language:

    (c) All blasting shall be conducted between sunrise and sunset 
unless nighttime blasting is approved by the Department based upon a 
showing by the operator that the public will be protected from 
adverse noise and other impacts. Protection from adverse noise may 
include alternatives to the audible warning requirement specified in 
Section 1817.66(b). The Department may specify more restrictive time 
periods for blasting.

    As revised, 62 IAC 1817.64(c) contains substantively the same 
standards for the use of explosives as the counterpart Federal 
regulation at 30 CFR 817.64(c). Therefore, we find that Illinois' 
regulation is no less effective than the counterpart Federal 
regulation.

N. 62 IAC 1817.66 Use of Explosives-Blasting Signs, Warnings, and 
Access Control

    Illinois revised 62 IAC 1817.66(b) by removing the following 
sentence: ``The requirement to supply daily notice may be fulfilled by 
the audible warning signals.''
    As revised, 62 IAC 1817.66(b) is substantively identical to the 
counterpart Federal regulation at 30 CFR 817.66(b). Therefore, we find 
that Illinois' regulation is no less effective than the counterpart 
Federal regulation.

O. 62 IAC 1825.14 High Capability Lands

    Illinois revised 62 IAC 1825.14(e)(2) to require permittees to do 
soil compaction alleviation on lands reclaimed to high capability 
standards unless it can be shown that the productivity standards of 62 
IAC 1816.116(a)(3)(C) have been, or could be, met without compaction 
alleviation on areas reclaimed in a similar manner. Illinois' 
regulation at 62 IAC 1816.116(a)(3)(C) provides the productivity 
standards for revegetation success of cropland areas.
    There are no direct Federal counterparts to Illinois' regulations 
for high capability lands. However, we find that the revisions proposed 
at 62 IAC 1825.14(e)(2) concerning soil compaction alleviation do not 
adversely affect other aspects of the Illinois program and are not 
inconsistent with the topsoil and subsoil provisions of the Federal 
regulations at 30 CFR 816.22 and 817.22.

P. 62 IAC 1843.13 Suspension or Revocation of Permits

    Illinois revised 62 IAC 1843.13(c) by adding a new paragraph at 
(c)(3) that requires the Department to notify the surety or other bond 
holder in writing when it issues a show cause order to the permittee.
    The counterpart Federal regulation at 30 CFR 843.13 does not 
contain this requirement. However, we find that notifying the surety or 
other bond holder of a show cause order is not inconsistent with any of 
the requirements of the counterpart Federal regulation.

Q. 62 IAC 1847.3 Permit and Related Administrative Hearings

    Illinois revised 62 IAC 1847.3(a) to clarify that the procedures 
outlined in this section also apply to review of bond release decisions 
under 62 IAC 1847.9(i). Illinois also added a provision that provides 
that a request for hearing is deemed filed the day it is received by 
the Department. Illinois' regulation at 62 IAC 1847.3 consolidates the 
procedures for most of the formal reviews provided for in the Illinois 
program. Illinois' regulation at 62 IAC 1847.9 provides for a public 
hearing on applications for bond release. It allows persons who either 
filed written objections to the bond release or were a party to the 
public hearing to request an administrative hearing on the Department's 
final decision on the bond release application in accordance with the 
procedures of 62 IAC 1847.3.
    The Federal regulations at 30 CFR 800.40 do not specifically 
provide for administrative hearings for decisions pertaining to bond 
release. However, the Federal regulations at 43 CFR 4.1280-4.1286 do 
allow appeals from Federal decisions that are not required by SMCRA to 
be determined by formal adjudication. Therefore, we find that allowing 
formal administrative hearings for decisions pertaining to bond release 
is not inconsistent with the Federal regulations. We also find that 
Illinois' provision concerning the filing date of a hearing request is 
consistent with the Federal filing requirements for documents 
initiating hearing proceedings at 43 CFR 4.1107(f).

R. 62 IAC 1847.9 Bond Release Public Hearings

    Illinois revised 62 IAC 1847.9 to provide a public hearing for bond 
releases. Currently Illinois only provides an administrative hearing 
for bond releases in this section. The Department will use the 
provisions in this revised section for public hearings on proposed bond 
releases. The Department will serve each party who participated in the 
public hearing with the Department's final bond release decision. Then 
the participants may request an administrative hearing on the 
Department's final decision in accordance with the procedures in 62 IAC 
1847.3.
    The Federal regulation at 30 CFR 800.40 also provides for public 
hearings on proposed bond releases. The Federal regulations specify 
general provisions that States must include in their public hearing 
procedures, but allow the States discretion in how to implement these 
provisions. We find that Illinois' provisions for public hearing at 62 
IAC 1847.9 are consistent with the Federal requirements at 30 CFR 
800.40(f) and (g) for public hearings on proposed bond releases.

IV. Summary and Disposition of Comments

Public Comments

    We asked for public comments on the amendment, but did not receive 
any.

Federal Agency Comments

    Under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we 
requested comments on the amendment from various Federal agencies with 
an actual or potential interest in the Illinois program (Administrative 
Record No. IL-5073A). The Natural Resources Conservation Service 
responded on November 8, 2001 (Administrative Record No. IL-5074), that 
it had no exception to any of the amendments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from the EPA for those provisions of the program amendment 
that relate to air or water quality standards issued under the 
authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean 
Air Act (42 U.S.C. 7401 et seq.). None of the revisions that Illinois 
proposed to make

[[Page 35034]]

in this amendment pertain to air or water quality standards. Therefore, 
we did not ask the EPA to concur on the amendment.
    Under 30 CFR 732.17(h)(11)(i), we requested comments on the 
amendment from the EPA (Administrative Record No. IL-5073A). The EPA 
did not respond to our request.

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

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On October 25, 2001, we requested comments on Illinois' 
amendment (Administrative Record No. IL-5073A), but neither responded 
to our request.

V. OSM's Decision

    Based on the above findings, we approve the amendment as submitted 
by Illinois on October 15, 2001, and as revised on March 6, 2002.
    We approve the regulations proposed by Illinois with the provision 
that they be fully promulgated in identical form to the regulations 
submitted to and reviewed by OSM and the public.
    To implement this decision, we are amending the Federal regulations 
at 30 CFR part 913, which codify decisions concerning the Illinois 
program. We find that good cause exists under 5 U.S.C. 553(d)(3) to 
make this final rule effective immediately. Section 503(a) of SMCRA 
requires that the State's program demonstrate that the State has the 
capability of carrying out the provisions of the Act and meeting its 
purposes. Making this rule effective immediately will expedite that 
process. SMCRA requires consistency of State and Federal standards.

VI. Procedural Determinations

Executive Order 12630--Takings

    This rule does not have takings implications. This determination is 
based on the analysis performed for the counterpart Federal regulation.

Executive Order 12866--Regulatory Planning and Review

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

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has conducted the reviews required 
by section 3 of Executive Order 12988 and has determined that this rule 
meets the applicable standards of subsections (a) and (b) of that 
section. However, these standards are not applicable to the actual 
language of State regulatory programs and program amendments because 
each program is drafted and promulgated by a specific State, not by 
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and 
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10), 
decisions on proposed State regulatory programs and program amendments 
submitted by the States must be based solely on a determination of 
whether the submittal is consistent with SMCRA and its implementing 
Federal regulations and whether the other requirements of 30 CFR parts 
730, 731, and 732 have been met.

Executive Order 13132--Federalism

    This rule does not have Federalism implications. SMCRA delineates 
the roles of the Federal and State governments with regard to the 
regulation of surface coal mining and reclamation operations. One of 
the purposes of SMCRA is to ``establish a nationwide program to protect 
society and the environment from the adverse effects of surface coal 
mining operations.'' Section 503(a)(1) of SMCRA requires that State 
laws regulating surface coal mining and reclamation operations be ``in 
accordance with'' the requirements of SMCRA, and section 503(a)(7) 
requires that State programs contain rules and regulations ``consistent 
with'' regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13211--Regulations That Significantly Affect The 
Supply, Distribution, or Use of Energy

    On May 18, 2001, the President issued Executive Order 13211 which 
requires agencies to prepare a Statement of Energy Effects for a rule 
that is (1) considered significant under Executive Order 12866, and (2) 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Because this rule is exempt from review 
under Executive Order 12866 and is not expected to have a significant 
adverse effect on the supply, distribution, or use of energy, a 
Statement of Energy Effects is not required.

National Environmental Policy Act

    This rule does not require an environmental impact statement 
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that 
agency decisions on proposed State regulatory program provisions do not 
constitute major Federal actions within the meaning of section 
102(2)(C) of the National Environmental Policy Act (42 U.S.C. 
4332(2)(C)).

Paperwork Reduction Act

    This rule does not contain information collection requirements that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3507 et seq.).

Regulatory Flexibility Act

    The Department of the Interior certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The State submittal, which is the subject of this rule, is based upon 
counterpart Federal regulations for which an economic analysis was 
prepared and certification made that such regulations would not have a 
significant economic effect upon a substantial number of small 
entities. In making the determination as to whether this rule would 
have a significant economic impact, the Department relied upon the data 
and assumptions for the counterpart Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation was not considered a 
major rule.

Unfunded Mandates

    This rule will not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of $100 million or more in any 
given year. This determination is based upon the fact that the State 
submittal, which is the subject of this rule, is based upon counterpart 
Federal regulations for which an analysis was prepared and a 
determination made that the Federal regulation did not impose an 
unfunded mandate.

[[Page 35035]]

List of Subjects in 30 CFR Part 913

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 11, 2002.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.

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

PART 913--ILLINOIS

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

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


    2. Section 913.15 is amended in the table by adding a new entry in 
chronological order by ``Date of final publication'' to read as 
follows:


913.15  Approval of Illinois regulatory program amendments.

* * * * *

----------------------------------------------------------------------------------------------------------------
 Original amendment submission date   Date of final publication                Citation/description
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
October 15, 2001...................  May 17, 2002...............   62 IAC 1700.11(a), (b); 1700.12(a), (d);
                                                                   1773.12; 1773.13; 1773.15(a), (b), (c);
                                                                   1777.17; 1778.15(e); 1780.21(a), (b), (e),
                                                                   (f), (g), (i), (j); 1784.14(a), (e);
                                                                   1785.23(d), (e); 1800.11(a); 1800.40(a), (c),
                                                                   (d), (e); 1816.41(c), (d), (e); 1816.113(b);
                                                                   1816.116(a); 1816.117(a), (c), (d), (e);
                                                                   1816.190(b); 1817.64; 1817.66(b);
                                                                   1817.113(b); 1817.116(a); 1817.117(a), (c),
                                                                   (d), (e); 1825.14(a), (b), (e); 1843.13(a),
                                                                   (c), (d); 1846.17(b); 1847.3(a), (b), (e),
                                                                   (f), (i), (j); 1847.9.
----------------------------------------------------------------------------------------------------------------


    3. Section 913.17 is amended by revising the section heading to 
read as follows:


913.17  State regulatory program provisions and amendments not 
approved.

* * * * *
[FR Doc. 02-12461 Filed 5-16-02; 8:45 am]
BILLING CODE 4310-05-P