[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Rules and Regulations]
[Pages 35696-35697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16887]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 913
[IL-090]
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 merge the Illinois Department of Mines
and Minerals into the newly created Illinois Department of Natural
Resources. The amendment is intended to improve operational efficiency.
EFFECTIVE DATE: July 11, 1995.
FOR FURTHER INFORMATION CONTACT:
James H. Moncrief, Acting Director, Springfield Field Office, 511 West
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
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 3, 1995 (Administrative Record No. IL-1700),
Illinois submitted a proposed amendment to its program pursuant to
SMCRA at its own initiative. Illinois proposed to merge the Illinois
Department of Mines and Minerals into the new Illinois Department of
Natural Resources by virtue of Executive Order Number 2 (1995) signed
by the Governor of Illinois on March 1, 1995, effective July 1, 1995.
Article V, Section 11 of the Constitution of the State of Illinois
authorizes the Governor to reassign functions or reorganize executive
agencies to simplify the organizational structure of the Executive
Branch, to improve accountability, to increase accessibility, and to
achieve efficiency and effectiveness in operation.
OSM announced receipt of the proposed amendment in the March 27,
1995, Federal Register (60 FR 15726), 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 26, 1995.
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.
A. Part I(C)--Redesignation
At Part I(C) of Executive Order Number 2, Illinois provides that
the Department of Natural Resources will have within it an Office of
Mines and Minerals which will be responsible for the functions
previously vested in the Department of Mines and Minerals and the
Abandoned Mined Lands Reclamation Council.
B. Part II(C)--Transfer of Powers
At Part II(C), Illinois is transferring the Surface-Mined Land
Conservation and Reclamation Act (225 ILCS 715/1 et seq.) and the
Surface Coal Mining Land Conservation and Reclamation Act (225 ILCS
720.1.01 et seq.) from the Department of Mines and Minerals to the
Department of Natural Resources along with the rights, powers, and
duties by law incidental to these Acts.
C. Part III(A-C)--Effect of Transfer
At Part III(A), Illinois is abolishing the Department of Mines and
Minerals. At Part III(B), Illinois is abolishing the office of the
Director of Mines and Minerals. At Part III(C), Illinois is
transferring personnel previously assigned to the Department of Mines
and Minerals to the Department of Natural Resources.
D. Part IV(F)--Savings Clause
At part IV(F), Illinois states that the Executive Order will not
affect the legality of any rules in the Illinois Administrative Code.
It is requiring that the Department of Natural Resources (and other
affected departments) propose and adopt under the Illinois
Administrative Procedure Act those rules necessary to consolidate and
clarify the rules that will be administered by the successor agency.
In its submittal letter dated March 3, 1995 (Administrative Record
No. IL-1700), Illinois stated, ``Under the planned agency
reorganization, the currently approved state regulatory authority over
coal mining and reclamation operations will cease to exist in name
only. The Illinois Department of Mines and Minerals' (IDMM) regulatory
functions, including those mandated by section 503 of SMCRA, 30 U.S.C.
1253, will continue uninterrupted. In short, the upcoming agency
reorganization will not change the IDMM's authority to implement,
administer or enforce the currently approved regulatory program; the
IDMM will simply be known by another name.''
There are no direct Federal counterparts to the revisions contained
in Executive Order Number 2. Because the proposed revisions do not
affect the regulatory authority's implementation of its approved
program, the Director finds the revisions not inconsistent with the
requirements of SMCRA and 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.
[[Page 35697]]
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.
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. However, by letter
dated March 22, 1995 (Administrative Record No. IL-1704), the EPA
concurred without comment.
V. Director's Decision
Based on the above finding(s), the Director approves the proposed
amendment as submitted by Illinois on March 3, 1995.
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.
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 Paper 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: June 30, 1995.
Ronald C. Recker,
Acting Regional Director, Appalachian Regional Coordinating 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 continues to read as
follows:
Authority: 30 U.S.C. 1201 et seq.
2. Section 913.15 is amended by adding paragraph (r) to read as
follows:
Sec. 913.15 Approval of regulatory program amendments.
* * * * *
(r) The following amendment, as submitted to OSM on March 3, 1995,
is approved effective July 11, 1995.
Executive Order Number 2, Sections I(C), II(C), III, IV(F)--
Reorganization
[FR Doc. 95-16887 Filed 7-10-95; 8:45 am]
BILLING CODE 4310-05-M
