[Federal Register Volume 60, Number 132 (Tuesday, July 11, 1995)]
[Rules and Regulations]
[Pages 35697-35699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16888]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 913
[IL-091]
Illinois Abandoned Mine Land Reclamation Plan
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
abandoned mine land reclamation plane (hereinafter referred to as the
``Illinois plan'') under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA). Illinois proposed to merge the Abandoned Mined Lands
Reclamation Council (Council) into the newly created Department of
Natural Resources, Office of Mines and Minerals. The amendment is
intended to improve operational efficiency and provide formal
notification of this pending reorganization.
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 Plan
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 Plan
On June 1, 1982, the Secretary of the Interior approved the
Illinois plan. Background information on the Illinois plan, including
the Secretary's findings, the disposition of comments, and the approval
of the plan can be found in the June 1, 1982, Federal Register (47 FR
23886). Subsequent actions concerning the conditions of approval and
amendments to the plan can be found at 30 CFR 913.25.
[[Page 35698]]
II. Submission of the Proposed Amendment
By letter dated April 10, 1995 (Administrative Record No. IL-800-
AML), Illinois submitted a proposed amendment to its plan pursuant to
SMCRA at its own initiative. In accordance with 30 CFR 884.15, Illinois
notified OSM that effective July 1, 1995, by virtue of Executive Order
Number 2 (1995) signed by the Governor of Illinois on March 1, 1995,
the authority and administrative responsibility for the Illinois plan
will be transferred from the Council to the Illinois Department of
Natural Resources, Office of Mines and Minerals, Abandoned Mined Lands
Reclamation Division.
OSM announced receipt of the proposed amendment in the April 20,
1995, Federal Register (60 FR 19697) 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 May 22, 1995.
III. Director's Findings
Set forth below, pursuant to SMCRA and the Federal regulations at
30 CFR 884.14 and 884.15, 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 Council and such other related functions and
responsibilities as may be appropriate.
B. Part II(D)--Transfer of Powers
At Part II(D), Illinois is transferring the Abandoned Mined Lands
and Water Reclamation Act (20 ILCS et seq.), section 6a-1-a of the
Illinois Purchasing Act (30 ILCS 505/6a-1-a), section 21(r)(2) of the
Environmental Protection Act (415 ILCS 5/21(r)(2)), section 2 of the
Surface Coal Mining Fee Act (20 ILCS 1915/2), section 1-3 of the Build
Illinois Act (30 ILCS 750/1-3), and section 67.35 of the Civil
Administrative Code (20 ILCS 405/67.35) from the Council to the
Department of Natural Resources along with all rights, powers, and
duties incidental to these Acts.
C. Part III (A), (C)--Effect of Transfer
At Part III(A), Illinois is abolishing the Council. At Part III(C),
Illinois is transferring personnel previously assigned to the Council
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
that are in force on the effective date of the Order that have been
duly adopted. It is requiring that the Department of Natural Resources
(and other affected departments) propose and adopt under the Illinois
Administrative Procedures Act those rules necessary to consolidate and
clarify the rules that will be administered by the successor agency.
In its submittal letter dated April 10, 1995 (Administrative Record
No. IL-800-AML), Illinois stated, ``the new Department of Natural
Resources will have full authority under State law to conduct the
abandoned mined lands reclamation program in accordance with the
requirements of Title IV of the Federal Act.''
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.
Federal Agency Comments
Pursuant to 884.14(a)(2) and 884.15(a), the Director solicited
comments on the proposed amendment from various other Federal agencies
with an actual or potential interest in the Illinois plan. No comments
were received.
Environmental Protection Agency (EPA)
Pursuant to 30 CFR 732.17(h)(11)(ii), the Director is required to
solicit the written concurrence of the Administrator of the EPA with
respect to those provisions of the proposed plan amendment which relate
to air or water quality standards promulgated under the authority of
the Clean Air Act (42 U.S.C. 7401 et seq.) or the Clean Water Act (33
U.S.C. 1252 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.
V. Director's Decision
Based on the above findings, the Director approves the proposed
plan amendment as submitted by Illinois on April 10, 1995.
The Federal regulations at 30 CFR part 913, codifying decisions
concerning the Illinois plan, are being amended to implement this
decision. This final rule is being made effective immediately to
expedite the State plan amendment process and to encourage States to
bring their plans 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 and Tribal abandoned mine land reclamation plans and revisions
thereof since each plan is drafted and promulgated by a specified State
or Tribal, not by OSM. Decisions on proposed abandoned mine land
reclamation plans and revisions thereof submitted by a State or Tribe
are based on a determination of whether the submittal meets the
requirements of Title IV of SMCRA (30 U.S.C. 1231-1243) and 30 CFR
parts 884 and 888.
National Environmental Policy Act
No environmental impact statement is required for this rule since
agency decisions on proposed State and Tribal abandoned mine land
reclamation plans and revisions thereof are categorically excluded from
compliance with the National Environmental Policy Act (42 U.S.C. 4332)
by the Manual of the Department of the Interior (516 DM 6, appendix 8,
paragraph 8.4B(29)).
[[Page 35699]]
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 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. In making the
determination as to whether this rule would have a significant economic
impact, the Department relied upon the data and assumptions in the
analyses 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. et seq.
2. Section 913.25 is amended by adding paragraph (f) to read as
follows:
Sec. 913.25 Approval of Abandoned Mine Land Reclamation Plan
Amendments.
* * * * *
(f) The Illinois Abandoned Mine Land Reclamation Plan, as submitted
on April 10, 1995 is approved effective July 11, 1995.
[FR Doc. 95-16888 Filed 7-10-95; 8:45 am]
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