[Federal Register Volume 59, Number 223 (Monday, November 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28625]
[[Page Unknown]]
[Federal Register: November 21, 1994]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 913
Illinois Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM),
Interior.
ACTION: 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 revisions to three statutes in the Illinois
Surface Coal Mining Land Conservation and Reclamation Act (State Act)
pertaining to small operator assistance, vegetation requirements for
lands eligible for remining, and fees and civil penalties. The
amendment is intended to incorporate the additional flexibility
afforded by SMCRA, as amended by the Abandoned Mine Reclamation Act of
1990 and the Energy Policy Act of 1992. It is also intended to improve
operational efficiency.
EFFECTIVE DATE: November 21, 1994.
FOR FURTHER INFORMATION CONTACT:
James F. Fulton, Director, Springfield Field Office, 511 W. Capitol,
Suite 202, Springfield, Illinois 62704. Telephone: (217) 492-4495.
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 September 9, 1994 (Administrative Record No. IL-
1550), Illinois submitted a proposed amendment to its program pursuant
to SMCRA. Illinois submitted the proposed amendment at its own
initiative. The proposed amendment pertains to changes to the State Act
(225 ILCS 720) which were enacted through Public Act 88-599 (HB 2349)
and signed into law by the Governor of Illinois on September 1, 1994.
Illinois proposed to revise 225 ILCS 720/2.02(b) concerning small
operator assistance, to add new subsection 225 ILCS 720/3.15(e)
concerning the responsibility period for successful revegetation on
lands eligible for remining, and to revise 225 ILCS 720/9.07(a)
concerning the deposit of fees and civil penalties.
OSM announced receipt of the proposed amendment in the September
29, 1994, Federal Register (59 FR 49618), 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 October 31, 1994.
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.
1. 225 ILCS 720/2.02 Contents of Permit Application
Illinois proposed revisions to 225 ILCS 720/2.02 pertaining to the
Illinois Small Operator Assistance Program (SOAP).
a. At 225 ILCS 720/2.02(b), Illinois proposed to increase the
amount of probable total annual production allowed for SOAP applicants
from 100,000 to 300,000 tons.
On November 5, 1990, the Abandoned Mine Reclamation Act of 1990
amended section 507(c)(1) of SMCRA to increase the amount of probable
total annual production allowed for SOAP applicants to 300,000 tons.
Therefore, the Director finds Illinois' proposed revision at 225 ILCS
720/2.02(b) is consistent with and no less stringent than the
counterpart provision in section 507(c)(1) of SMCRA.
b. At 225 ILCS 720/2.02(b), Illinois also proposed the deletion of
existing program services at subsections (b)(1) through (b)(3) and the
addition of the following new or enhanced program services at
subsections (b)(1) through (b)(6): (1) The determination of probable
hydrologic consequences, including the engineering analyses and designs
necessary for the determination; (2) the development of cross-section
maps and plans; (3) the geologic drilling and statement of results of
test borings and core samplings; (4) the collection of archaeological
information and any other archaeological and historical information
required by the Department, and the preparation of plans necessitated
thereby; (5) pre-blast surveys; and (6) the collection of site specific
resource information and production of protection and enhancement plans
for fish and wildlife habitats and other environmental values required
by the Department under this Act.
On October 24, 1992, the Energy Policy Act of 1992 amended section
507(c)(1) of SMCRA by adding substantively the same new and enhanced
program services at paragraphs (A) through (F). The Director finds that
the provisions for program services at 225 ILCS 720/2.02 (b)(1) through
(b)(6) are consistent with and no less stringent than the provisions
for program services at section 507 (c)(1)(A) through (c)(1)(F) of
SMCRA.
c. At 225 ILCS 720/2.02(b), Illinois also proposed the following
SOAP assistance reimbursement requirement: A coal operator that has
received assistance pursuant to this subsection shall reimburse the
regulatory authority for the cost of the services rendered if the
program administrator finds that the operator's actual and attributed
annual 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.
On October 24, 1992, the Energy Policy Act of 1992 amended SMCRA by
adding section 507(h) which contains substantively the same
reimbursement requirement as the Illinois proposal for services
rendered under section 507(c)(1) or section 507(c)(2) of SMCRA. The
Illinois proposal is consistent with section 507(h) of SMCRA with one
exception. It does not require reimbursement for services provided
under section 507(c)(2) of SMCRA.
OSM currently interprets section 507(c)(2) of SMCRA to require that
the Secretary of the Interior, and not the State regulatory authority,
provide or assume the cost of training coal operators. In accordance
with that interpretation, Illinois is not, at this time, obligated to
propose statutory provisions consistent with section 507(c)(2) and
section 507(h) of SMCRA with regard to training assistance. Therefore,
the Director finds the new provision at 225 ILCS 720/2.02(b) is
consistent with and no less stringent than the counterpart provision at
section 507(h) of SMCRA as it relates to reimbursement of costs for
services rendered under section 507(c)(1) of SMCRA.
2. 225 ILCS 720/3.15 Vegetation
Illinois proposed to amend 225 ILCS 720/3.15 by adding two
provisions at new subsection (e) pertaining to the responsibility
period for successful revegetation on lands eligible for remining.
a. Illinois proposed to add a provision at 225 ILCS 720/3.15(e)
which requires that the responsibility period for successful
revegetation on lands eligible for remining shall be two full years
after the last year of augmented seeding, fertilizing, irrigation or
other work.
On October 24, 1992, the Energy Policy Act of 1992 amended SMCRA by
adding section 515(b)(20)(B) which contains a substantively identical
requirement for lands eligible for remining. Therefore, the Director
finds that the provision at 225 ILCS 720/3.15(e) is consistent with and
no less stringent than the counterpart provision in section
515(b)(20)(B) of SMCRA.
b. Illinois also proposed a provision at 225 ILCS 720/3.15(e) which
clarifies that the requirement discussed in finding 2.a does not
preclude application of responsible land management practices if they
are deemed necessary and approved by Illinois.
Although section 515(b) of SMCRA does not contain a similar
provision, this provision is not inconsistent with the Federal
regulations at 30 CFR 816.116(c)(4) and 817.116(c)(4) which allow
approval of selective husbandry practices without restarting the
responsibility period for revegetation if the regulatory authority
obtains prior approval from the Director that the practices are normal
husbandry practices.
The Illinois program contains counterpart regulations which allow
approval of selective husbandry practices at 62 Illinois Administrative
Code (IAC) 1816.116(a)(2)(C) and 1817.116(a)(2)(C). Illinois limits its
approval to normal conservation and land use management practices for
the State of Illinois that are included in its regulations at 62 IAC
1816.116 and 1817.116. The selective husbandry practices included in
the Illinois program have been approved by OSM as normal husbandry
practices in accordance with the Federal regulations at 30 CFR
816.116(c)(4) and 817.116(c)(4).
Therefore, the Director finds Illinois' proposed provision at 225
ILCS 720/3.15(e), when read in light of the regulatory limitations at
62 IAC 1816.116(a)(2)(C) and 1817.116(a)(2)(C), is not inconsistent
with the requirements of section 515(b)(20)(B) of SMCRA and the Federal
regulations at 30 CFR 816.116(c)(4) and 817.116(c)(4).
3. 225 ILCS 720/9.07 Fees and Forfeitures
Illinois revised 225 ILCS 720/9.07(a) by requiring all fees and
civil penalties collected under the State Act be deposited into the
Coal Mining Regulatory Fund instead of the general revenue fund.
The revision was proposed to comply with new requirements in the
State Finance Act (30 ILCS 105). Illinois Public Act 88-599 established
the Coal Mining Regulatory Fund and added section 6z-36 to the State
Finance Act. Section 6z-36 requires all moneys collected as fees and
civil penalties under the State Act be deposited into the Coal Mining
Regulatory Fund. The moneys in the fund will then be annually
appropriated to the Department of Mines and Minerals for the
enforcement of coal mining regulatory laws and rules.
There is no direct Federal counterpart to 225 ILCS 720/9.07(a).
However, the proposed amendment is not inconsistent with the general
requirements for permit fees at section 507(a) of SMCRA or 30 CFR
777.17 of the Federal regulations, which establish provisions for
permit fees. Also, the proposed amendment is not inconsistent with the
general requirements for civil penalties at Section 518 of SMCRA or 30
CFR 845 of the Federal regulations, which establish provisions for
assessment of civil penalties. Therefore, the Director finds that the
proposed revision to 225 ILCS 720/9.07(a) is not inconsistent with the
requirements of SMCRA or the Federal regulations.
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 Federal
agency comments were received.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(i), 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 its amendment
pertain to air or water quality standards. Therefore, OSM did not
request EPA's concurrence.
Pursuant to 732.17(h)(11)(ii), OSM solicited comments on the
proposed amendment from EPA (Administrative Record No. IL-1551). EPA
responded on September 27, 1994, that it had reviewed the proposed
amendment and had no comment to offer (Administrative Record No. IL-
1554).
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 from the SHPO and ACHP for all amendments that may have an
effect on historic properties. By letter dated September 21, 1994, OSM
solicited comments from the SHPO and ACHP (Administrative Record No.
IL-1553). The SHPO gave its written concurrence with the proposed
amendment on October 18, 1994 (Administrative Record No. IL-1557).
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Illinois on September 9, 1994.
The Director is also taking this opportunity to make a correction
to 30 CFR 913.10. The Department of Mines and Minerals was empowered by
the State Act at 225 ILCS 720/9.02 (formerly Ill. Rev. Stat. 1991, ch.
96 1/2, Section 7909.02) to act as the regulatory authority for the
State of Illinois under SMCRA. Therefore, the existing designation at
30 CFR 913.10 which deems the Department of Mines and Minerals,
Division of Land Reclamation as the regulatory authority in Illinois is
being removed. The Department of Mines and Minerals is designated as
the regulatory authority in Illinois, and 30 CFR 913.10 is being
revised to reflect this decision.
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 State program be submitted to OSM for review as a program
amendment. Thus, any changes to the State program are not enforceable
until approved by OSM. The Federal regulations at 30 CFR 732.17(g)
prohibit any unilateral changes to approved State programs. 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 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
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.
List of Subjects in 30 CFR Part 913
Intergovernmental relations, Surface mining, Underground mining.
Dated: November 15, 1994.
Alfred E. Whitehouse,
Acting Assistant Director, Eastern Support Center.
For the reasons set out in the preamble, Title 30, Chapter VII,
Subchapter T of the Code of Federal Regulations is amended as set forth
below:
PART 913--ILLINOIS
1. The authority citation for Part 913 is revised to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 913.10 is amended by revising the second sentence to
read as follows:
Sec. 913.10 State regulatory program approval.
* * * Beginning on that date, the Department of Mines and Minerals
shall be deemed the regulatory authority in Illinois for all surface
coal mining and reclamation operations and all exploration operations
on non-Federal and non-Indian lands.* * *
3. Section 913.15 is amended by adding paragraph (q) to read as
follows:
Sec. 913.15 Approval of regulatory program amendments.
* * * * *
(q) The following revisions to or the addition of the following
statutes, as submitted to OSM on September 9, 1994, are approved
effective November 21, 1994.
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225 ILCS 720 Topic
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2.02(b)..... Contents of Permit Application; SOAP provisions.
3.15(e)..... Vegetation; revegetation requirements for lands eligible
for remining.
9.07(a)..... Fees and Forfeitures; deposit of permit fees and civil
penalties into the Coal Mining Regulatory Fund.
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[FR Doc. 94-28625 Filed 11-18-94; 8:45 am]
BILLING CODE 4310-05-M
