[Federal Register Volume 70, Number 96 (Thursday, May 19, 2005)]
[Rules and Regulations]
[Pages 28820-28824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10013]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[Docket No. IL-104-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). Illinois proposed revisions to its 
regulations and statutes regarding the Surface Mining Advisory Council, 
citation references, typographical errors, procedures for relocating or 
closing public roads, and subsidence control. Illinois intends to 
revise its program to provide additional safeguards and to clarify 
ambiguities.

DATES: Effective Date: May 19, 2005.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Chief, Alton Field 
Division--Indianapolis Area Office. Telephone: (317) 226-6700. E-mail: 
[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 (Secretary) 
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 913.10, 913.15, 913.16, and 913.17.

II. Submission of the Amendment

    By letter dated December 10, 2004 (Administrative Record No. IL-
5086), the Illinois Department of Natural Resources, Office of Mines 
and Minerals (Department) sent us an amendment to its program under 
SMCRA (30 U.S.C. 1201 et seq.). The Department sent the amendment at 
its own initiative. The Department proposed to amend its regulations at 
62 Illinois Administrative Code (IAC) parts 1700, 1761, 1762, 1772, and 
1773 and its statutes at 225 Illinois Compiled Statutes (ILCS) 720/
1.04.
    We announced receipt of the proposed amendment in the February 8, 
2005, Federal Register (70 FR 6602). In the same document, we opened 
the public comment period and provided an opportunity for a public 
hearing or meeting on the adequacy of the amendment. We did not hold a 
public hearing or meeting because no one requested one. The public 
comment period ended on March 10, 2005. We did not receive any public 
comments.

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.

A. Minor Revisions to Illinois' Regulations

    Illinois proposed minor reference, wording, recodification, and 
typographical changes to the following previously-approved regulations:
1. 62 IAC 1700.17 Administration
    In subsection (a), Illinois proposed to change its reference to 
SMCRA by changing it from ``the Surface Mining Control and Reclamation 
Act of 1977'' to ``the Federal Act (30 USCA Sec.  1201 et seq.).'' 
Illinois proposed to update a citation reference, because of a previous 
recodification of statutes, by changing the citation from ``(Ill. Rev. 
Stat. 1985, ch. 127, pars. 1 et seq.)'' to ``[20 ILCS 5].'' Also, 
Illinois proposed to make various minor wording changes to clarify the 
general duties and powers of the Department. In subsections (a) through 
(d), because of a previous recodification of statutes, Illinois 
proposed to update citation references by changing the citations from 
``(Ill. Rev. Stat. 1985, ch. 96 \1/2\, par. 7909)'' to ``[225 ILCS 720/
9].''
2. 62 IAC 1761.16 Submission and Processing of Requests for Valid 
Existing Rights Determinations
    Illinois proposed to correct two typographical errors in subsection 
(b)(3) by changing a reference from ``subsection (b)(1)'' to 
``subsection (b)(2)'' and by changing a reference from ``subsection 
(b)(2)'' to ``subsection (b)(1).''
3. 62 IAC 1762.15 Exploration on Lands Designated as Unsuitable for 
Surface Coal Mining Operations
    Illinois proposed to correct two references by changing one 
reference from ``this Part'' to ``62 Ill. Adm. Code 1761 through 1764'' 
and by changing the other reference from ``this Part, any approved 
State or Federal program, and other applicable requirements'' to ``62 
Ill. Adm. Code 1700 through 1850 and other applicable requirements.''

[[Page 28821]]

4. 62 IAC 1772.12 Permit Requirements for Exploration Removing More 
Than 250 Tons of Coal
    Illinois proposed to correct a typographical error at subsection 
(b)(14) by changing its reference from ``62 Ill. Adm. Code 176.11'' to 
``62 Ill. Adm. Code 1761.11.''
    Because these changes are minor, we find that they will not make 
Illinois' regulations less effective than the corresponding Federal 
regulations at 30 CFR part 700, 761.16, 762.15, and 772.12, 
respectively.

B. Surface Mining Advisory Council

1. 225 ILCS 720 Advisory Council on Reclamation
    On June 1, 1980, the Illinois General Assembly added Section 1.04 
to 225 ILCS 720 of the Illinois Surface Coal Mining Land Conservation 
and Reclamation Act (State Act) to create the Surface Mining Advisory 
Council (Council). The Council was to act as an advisory body to the 
Director of the Illinois Department of Natural Resources (IDNR) and to 
the Office of Mines and Minerals, Land Reclamation Division (LRD) on 
matters of mining and reclamation as they relate to State rules. The 
Department had to submit proposed State rules to the Council for review 
and recommendations. The Council had to review SMCRA, the Federal 
regulations, and the proposed State rules before making its 
recommendations. Also, the Council requested comments from affected 
persons and the public before making its recommendations. The 
recommendations of the Council had no binding effect on the IDNR or the 
LRD. The advice, findings, and recommendations of the Council had to be 
made public in a semi-annual report published by the Department. In 
Public Act 93-0168, the Illinois General Assembly amended the State Act 
by repealing 225 ILCS 720/1.04, effective July 10, 2003.
    There is no direct requirement in SMCRA for an advisory council of 
this type. Today, members of the public may directly provide comments 
to the Department on proposed amendments because on September 1, 1983, 
the Illinois Secretary of State promulgated regulations at 1 IAC part 
100 and 1 IAC 100.400. The regulation at 1 IAC part 100 requires the 
publication of proposed State rules in the Illinois Register and 1 IAC 
100.400 requires a 45-day public notice period. During the public 
notice period, interested persons may submit comments and request a 
public hearing on the proposed rules. Based on the above, we find that 
Illinois has adequate procedures in place to receive comments and 
recommendations directly from the public. Therefore, the repeal of 225 
ILCS 720/1.04 will not make the Illinois State Act less stringent than 
SMCRA, and we are approving it.
2. 62 IAC 1700.18 Advisory Council on Reclamation
    Illinois' regulation at 62 IAC 1700.18 implemented the statutory 
requirements at 225 ILCS 720/1.04. Illinois proposed to delete this 
regulation to reflect the repeal of 225 ILCS 720/1.04.
    There is no Federal counterpart regulation and based on the 
discussion in finding B.1, we find that the deletion of 62 IAC 1700.18 
will not make the Illinois regulations less effective than the Federal 
regulations, and we are approving it.

C. 62 IAC Part 1761 Areas Designated by Act of Congress

1. 62 IAC 1761.11 Areas Where Mining Is Prohibited or Limited
    At subsection (e)(1), concerning the need for a written waiver in 
order to mine within 300 feet of an occupied dwelling, Illinois 
proposed to add a citation reference to its regulation at 62 IAC 
1761.15. Illinois' regulation at 62 IAC 1761.15 contains the procedures 
for waiving the prohibition on surface coal mining operations within 
the 300-foot buffer zone of an occupied dwelling. Illinois proposed to 
add the reference at 62 IAC 1761.11(e) to clarify where procedures for 
the waiver are located.
    The counterpart Federal regulation at 30 CFR 761.11(e)(1) contains 
a similar reference to the Federal counterpart to 62 IAC 1761.15. 
Therefore, we find that Illinois' proposed change is consistent with 
and no less effective than the counterpart Federal regulation at 30 CFR 
761.11(e)(1), and we are approving it.
2. 62 IAC 1761.14 Procedures for Relocation or Closing of a Public Road 
or Waiving the Prohibition on Surface Coal Mining Operations Within the 
Buffer Zone of a Public Road
    a. Illinois proposed to amend subsection (b) by adding new 
paragraph (1). The new paragraph requires the applicant to submit a 
request with an application for a new permit, a significant revision of 
a permit, an insignificant revision of a permit, or an incidental 
boundary revision, as applicable, if the applicant does not have valid 
existing rights and is proposing to conduct mining operations within 
100 feet measured horizontally of the outside right-of-way line of any 
public road or if the applicant is proposing to relocate or close any 
public road. Illinois also proposed to redesignate existing paragraphs 
(1) through (4) as paragraphs (2) through (5).
    The Department has always required applicants to submit a request 
to conduct mining within 100 feet of the outside right-of-way line of a 
public road or to close or relocate a public road in conjunction with a 
permit or revision application. The counterpart Federal regulation at 
30 CFR 761.14(b) does not contain this requirement. However, many State 
and Federal programs have a similar requirement either through written 
policy documents or in their permit and revision application forms. 
Therefore, we find that Illinois' proposal to codify this requirement 
does not make its regulation at 62 IAC 1761.14(b) less effective than 
the counterpart Federal regulation, and we are approving it.
    b. In the last sentence of newly redesignated subsection (b)(3), 
Illinois proposed to change a citation reference from ``subsection 
(b)(2)'' to ``subsection (b)(3).''
    This change was necessary because existing ``paragraph (2)'' was 
redesignated as ``paragraph (3).'' We find that this change will not 
make Illinois' regulation at 62 IAC 1761.14 less effective than the 
corresponding Federal regulation at 30 CFR 761.14, and we are approving 
it.
    c. In the introductory paragraph of newly redesignated subsection 
(b)(5), Illinois proposed to remove the requirement for a written 
finding within 30 days after completion of a hearing, or after the end 
of the public comment period if no hearing is held, as to whether or 
not the interest of the affected public and landowners will be 
protected from the proposed mining operations within 100 feet of the 
outside right-of-way line of a public road and for relocation or 
closure of a public road. Illinois also added the requirements that the 
determination and written finding may be based on information submitted 
in writing and that a road may not be relocated or closed unless the 
Department determines that the interest of the affected public and 
landowners will be protected.
    At redesignated subsection (b)(5), Illinois proposed to add 
provisions at paragraphs (5)(i) and (ii) to provide the time frames for 
making a written finding for requests to mine within 100 feet of the 
outside right-of-way line of a public road and for relocation or 
closure of a public road. If the proposal is contained in an 
application for a new permit or a significant revision under 62 IAC 
1774.13(b)(3), the written finding must

[[Page 28822]]

be issued concurrently with the permit decision under 62 IAC 
1773.15(a). If the proposal is contained in an application for an 
insignificant revision under 62 IAC 1774.13(b) or an incidental 
boundary revision under 62 IAC 1774.13(d), the written finding must be 
issued concurrently with the decision to issue or deny the revision.
    Because of its requirement that activities within 100 feet of a 
public road or to relocate or close a public road must be included in a 
permit or revision application, Illinois considered it impractical to 
have one decision deadline for a portion of an application that is 
different than the deadline for making a decision on the application as 
a whole. Illinois' proposed changes establish the same decision 
deadline for activities within 100 feet of a public road and relocation 
or closure of a public road as for the application as a whole. The 
counterpart Federal regulation at 30 CFR 761.14(c) requires a written 
finding within 30 days after a public hearing or within 30 days after 
the end of the public comment period as to whether the interests of the 
public and affected landowners will be protected. The Federal 
regulation at 30 CFR 761.14(c) provides that the regulatory authority, 
or a public road authority that the regulatory authority designates, 
will publish notice of the public comment period and opportunity to 
request a public hearing on the road activities and make the 
determination and written finding that the interests of the public and 
affected landowners will be protected.
    At previously approved, redesignated subsection (b)(2), Illinois 
requires an applicant to obtain any necessary approvals from State or 
local government public road authorities. These approvals must be 
included with the applicant's request for the subject road activities 
in the applicable permit or revision application. Under redesignated 
subsection (b)(3), the applicant must publish a public notice and offer 
an opportunity for a public hearing for proposals to conduct surface 
coal mining operations within 100 feet of the outside right-of-way line 
of a public road and to relocate or close a public road. In lieu of 
providing the public notice and opportunity for a public hearing for 
new permit and significant revision applications under 62 IAC 
1761.14(b)(3), the applicant may provide it under 62 IAC 
1773.13(a)(1)(E). Illinois will make the determination and written 
finding that the interests of the public and affected landowners will 
be protected based on information received at the public hearing or 
submitted in writing as a result of the public notice and opportunity 
for a hearing that the applicant must publish under redesignated 
subsection (b)(3) or 62 IAC 1773.13(a)(1)(E).
    Both the State procedures and time frames and the Federal 
procedures and time frames assure that the public will have input into 
the required determination and written finding for mining within 100 
feet of a public road and for relocating or closing a public road. 
Considering the additional requirements in the Illinois regulation at 
62 IAC 1761.14(b), we find that the proposed procedures and time frames 
for making a written finding as to whether the interests of the public 
and affected landowners will be protected is no less effective than the 
requirements of the counterpart Federal regulation at 30 CFR 761.14.
    Although not specifically stated, the counterpart Federal 
regulation also indicates that the determination and written finding 
may be based on information submitted in writing. Therefore, the new 
requirement at subsection (b)(5) that the determination and written 
finding may be based on information submitted in writing is no less 
effective than the counterpart Federal regulation. Based on our 
findings above, we are approving Illinois' proposed changes at 62 IAC 
1761.14(b).

D. 62 IAC 1773.15 Review of Permit Applications

    At subsection (c)(3), the Department cannot approve an application 
for a permit or significant revision unless it finds that the proposed 
permit area is not (1) within an area under study or administrative 
proceedings under a petition to have an area designated as unsuitable 
for surface coal mining operations or (2) within an area designated as 
unsuitable for mining. At the introductory paragraph of subsection 
(c)(3), Illinois proposed to remove the language ``or the proposed 
shadow area for a planned subsidence operation.''
    The State regulation as revised is substantively the same as the 
counterpart Federal regulation at 30 CFR 773.15(c). The Federal 
regulation provides that the regulatory authority cannot approve an 
application for a permit or significant revision unless it finds that 
the proposed permit area is not (1) within an area under study or 
administrative proceedings under a petition to have an area designated 
as unsuitable for surface coal mining operations or (2) within an area 
designated as unsuitable for mining. Also, the Federal regulation at 30 
CFR 761.200 provides in part that subsidence due to underground coal 
mining is not prohibited in areas that are protected from mining 
operations under section 522(e) of the Act. Therefore, Illinois' 
proposal to remove the requirement that such a finding be made for the 
proposed shadow area for a planned subsidence operation does not make 
62 IAC 1773.15(c)(3) less effective than the counterpart Federal 
regulation, and we are approving it.

IV. Summary and Disposition of Comments

Public Comments

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

Federal Agency Comments

    On December 29, 2004, 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-5087). We did not receive any 
comments.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from 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 in this amendment pertain to air or water quality standards. 
Therefore, we did not ask EPA to concur on the amendment.
    On December 29, 2004, under 30 CFR 732.17(h)(11)(i), we requested 
comments on the amendment from EPA (Administrative Record No. IL-5087). 
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 December 29, 2004, we requested comments on Illinois' 
amendment (Administrative Record No. IL-5087), but neither responded to 
our request.

V. OSM's Decision

    Based on the above discussion, we approve the amendment Illinois 
sent us on December 10, 2004.
    We approve the regulations proposed by Illinois with the provision 
that they

[[Page 28823]]

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

    In this rule, the State is adopting valid existing rights standards 
that are similar to the standards in the Federal definition at 30 CFR 
761.5. Therefore, this rule has the same takings implications as the 
Federal valid existing rights rule. The takings implications assessment 
for the Federal valid existing rights rule appears in part XXIX.E. of 
the preamble to that rule. See 64 FR 70766, 70822-27, December 17, 
1999. The revisions made at the initiative of the State that do not 
have Federal counterparts have also been reviewed and a determination 
made that they do not have takings implications. This determination is 
based upon the fact that the provisions are administrative and 
procedural or editorial in nature and are not expected to have a 
substantive effect on the regulated industry.

Executive Order 12866--Regulatory Planning and Review

    This rule is exempted from review by the Office of Management and 
Budget (OMB) 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 13175--Consultation and Coordination With Indian Tribal 
Governments

    In accordance with Executive Order 13175, we have evaluated the 
potential effects of this rule on Federally-recognized Indian tribes 
and have determined that the rule does not have substantial direct 
effects on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes. 
This determination is based on the fact that the Illinois program does 
not regulate coal exploration and surface coal mining and reclamation 
operations on Indian lands. Therefore, the Illinois program has no 
effect on Federally-recognized Indian tribes.

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 a portion of the 
provisions in 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.) because they are 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 part of the rule would have a 
significant economic impact, the Department relied upon the data and 
assumptions for the counterpart Federal regulations. The Department of 
the Interior also certifies that the provisions in this rule that are 
not based upon counterpart Federal regulations 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.). This 
determination is based upon the fact that the provisions are 
administrative and procedural in nature and are not expected to have a 
substantive effect on the regulated industry.

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,

[[Page 28824]]

productivity, innovation, or the ability of U.S.-based enterprises to 
compete with foreign-based enterprises. This determination is based 
upon the fact that a portion of the State provisions are 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. For the portion of the State provisions that is not based 
upon counterpart Federal regulations, this determination is based upon 
the fact that the State provisions are administrative and procedural or 
editorial in nature and are not expected to have a substantive effect 
on the regulated industry.

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 a portion of 
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. For the portion of the State provisions that is not 
based upon counterpart Federal regulations, this determination is based 
upon the fact that the State provisions are administrative and 
procedural or editorial in nature and are not expected to have a 
substantive effect on the regulated industry.

List of Subjects in 30 CFR Part 913

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 12, 2005.
Charles E. Sandberg,
Regional Director, Mid-Continent Regional Coordinating Center.

0
For the reasons set out in the preamble, 30 CFR part 913 is amended as 
set forth below:

PART 913--ILLINOIS

0
1. The authority citation for part 913 continues to read as follows:

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

0
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:


Sec.  913.15  Approval of Illinois regulatory program amendments.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
             date                  publication      Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
December 10, 2004.............  May 19, 2005.....  225 ILCS 720/1.04; 62
                                                    IAC 1700.17,
                                                    1700.18;
                                                    1761.11(e)(1),
                                                    1761.14(b),
                                                    1761.16(b)(3);
                                                    1762.15;
                                                    1772.12(b)(14);
                                                    1773.15(c)(3).
------------------------------------------------------------------------

[FR Doc. 05-10013 Filed 5-18-05; 8:45 am]
BILLING CODE 4310-05-P