[Federal Register Volume 61, Number 139 (Thursday, July 18, 1996)]
[Rules and Regulations]
[Pages 37383-37385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18265]
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DEPARTMENT OF THE INTERIOR
30 CFR Part 913
[SPATS No. IL-092-FOR]
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 revise four sections and to add one
section to Title 62 of the Illinois Administrative Code (IAC)
regulations pertaining to self-bonding. The amendment is intended to
revise the Illinois program to be consistent with the corresponding
Federal regulations.
EFFECTIVE DATE: July 18, 1996.
FOR FURTHER INFORMATION CONTACT:
Roger W. Calhoun, Director, Indianapolis Field Office, Office of
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal
Building, 575 North Pennsylvania Street, Room 301, Indianapolis, IN
46204-1521, Telephone: (317) 226-6700.
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 March 4, 1996 (Administrative Record No. IL-1800),
Illinois submitted a proposed amendment to its program pursuant to
SMCRA. Illinois submitted the proposed amendment in response to the
required program amendment that the Director placed on the Illinois
program at 30 CFR 913.16(v) on February 2, 1994, (59 FR 4832). The
Director required Illinois, prior to implementing the self-bonding
statute at 225 ILCS 720/6.01(b), to submit and receive OSM approval of
implementing regulations for the self-bonding provisions.
OSM announced receipt of the proposed amendment in the March 29,
1996, Federal Register (61 FR 14039), 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 29, 1996.
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.
[[Page 37384]]
A. Revisions to Illinois' Regulations That Are Substantively Identical
to the Corresponding Provisions of the Federal Regulations
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Topic State regulation Federal regulation
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Regulatory authority 62 IAC 1800.4 (c), (d)-(f)............ 30 CFR 800.4 (d), (e)-(g).
responsibility.
Definitions...................... 62 IAC 1800.5(c)...................... 30 CFR 800.5(c).
Requirement to file a bond....... 62 IAC 1800.11(a)..................... 30 CFR 800.11(a).
Form of the performance bond..... 62 IAC 1800.12 (b)-(d)................ 30 CFR 800.12 (b)-(d).
Self-bonding..................... 62 IAC 1800.23........................ 30 CFR 800.23.
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Because the above proposed revisions are identical in meaning to
the corresponding Federal regulations, the Director finds that
Illinois's proposed rules are no less effective than the Federal rules,
and he is removing the required amendment at 30 CFR 913.16(v).
B. Revisions to Illinois' Regulations With No Corresponding Federal
Regulations
Illinois proposes to add a regulatory provision to 62 IAC 1800.11,
Requirement to File a Bond, at new subsection (e). This provision will
allow the State to administer self-bonding for eligible permittees
consistent with all applicable provisions of Sections 1800.1 through
1800.50. These sections contain all of Illinois' bonding requirements
for surface coal mining and reclamation operations. There is no direct
counterpart Federal regulation for this addition. However, the Director
finds that Illinois' proposed regulation at 62 IAC 1800.11(e) is not
inconsistent with the Federal regulations pertaining to self-bonding.
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 comments
were received from any Federal agency.
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. Therefore, OSM did
not request EPA's concurrence.
On March 12, 1996, pursuant to 732.17(h)(11)(i), OSM solicited
comments on the proposed amendment from EPA (Administrative Record No.
IL-1801). EPA did not respond to OSM's request.
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 on proposed amendments which may have an effect on historic
properties from the SHPO and ACHP. OSM solicited comments on the
proposed amendment from the SHPO and ACHP (Administrative Record No.
IL-1801). Neither SHPO nor ACHP responded to OSM's request.
V. Director's Decision
Based on the above findings, the Director approves the proposed
amendment as submitted by Illinois on March 4, 1996. The Director
approves the rules as proposed by Illinois with the provision that they
be fully promulgated in identical form to the rules submitted to and
reviewed by OSM and the public.
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 program be submitted to OSM for review as a program
amendment. 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 12988
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 (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)).
[[Page 37385]]
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.
Unfunded Mandates
This rule will not impose a cost of $100 million or more in any
given year on any governmental entity or the private sector.
List of Subjects in 30 CFR Part 913
Intergovenmental relations, Surface mining, Underground mining.
Dated: June 21, 1996.
Brent Wahlquist,
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 by adding paragraph (t) to read as
follows:
Sec. 913.15 Approval of regulatory program amendments.
* * * * *
(t) The amendment submitted to OSM on March 4, 1996, pertaining to
self-bonding is approved effective July 18, 1996.
Sec. 913.16 [Amended]
3. Section 913.16 is amended by removing paragraph (v).
[FR Doc. 96-18265 Filed 7-17-96; 8:45 am]
BILLING CODE 4310-05-M
