[Federal Register Volume 59, Number 188 (Thursday, September 29, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-24132] [[Page Unknown]] [Federal Register: September 29, 1994] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR 30 CFR Part 913 Illinois Regulatory Program AGENCY: Office of Surface Mining Reclamation and Enforcement (OSM), Interior. ACTION: Proposed rule; public comment period and opportunity for public hearing. ----------------------------------------------------------------------- SUMMARY: OSM is announcing receipt of a proposed amendment to the Illinois regulatory program (hereinafter the ``Illinois program'') under the Surface Mining Control and Reclamation Act of 1977 (SMCRA). The proposed amendment consists of revisions to 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 proposed amendment is intended to incorporate the additional flexibility afforded by SMCRA, as amended, and improve operational efficiency. DATES: Written comments must be received by 4:00 p.m. on October 31, 1994. If requested, a public hearing on the proposed amendment will be held on October 24, 1994. Requests to speak at the hearing must be received by 4:00 p.m. on October 14, 1994. ADDRESSES: Written comments and requests to speak at the hearing should be mailed or hand delivered to Mr. James F. Fulton, Director, at the address listed below. Any disabled individual who has need for a special accommodation to attend a public hearing should contact the individual listed under FOR FURTHER INFORMATION CONTACT. Copies of the Illinois program, the proposed amendment, a listing of any scheduled public hearings, and all written comments received in response to this document will be available for public review at the addresses listed below during normal business hours, Monday through Friday, excluding holidays. Each requester may receive one free copy of the proposed amendment by contacting OSM's Springfield Field Office. James F. Fulton, Director, Springfield Field Office, Office of Surface Mining Reclamation and Enforcement, 511 West Capitol, Suite 202, Springfield, Illinois 62704, Telephone: (217) 492-4495 Illinois Department of Mines and Minerals, 300 West Jefferson Street, Suite 300, Springfield, Illinois 62791, Telephone: (217) 782-4970 FOR FURTHER INFORMATION CONTACT: James F. Fulton, Director, Springfield Field Office, Telephone: (217) 492-4495. SUPPLEMENTARY INFORMATION: 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. Description 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 incorporates statutory changes to the State Act at 225 ILCS 720/2.02, Contents of Permit Application; 3.15, Vegetation; and 9.07, Fees and Forfeitures. The revised statutes were enacted through Public Act 88-599 (HB 2349), and they were signed into law by the Governor of Illinois on September 1, 1994. Public Act 88-599 amended 225 ILCS 720/2.02(b) of the State Act concerning small operator assistance for consistency with Section 507(c) of SMCRA, as amended by Section 2513 of the Energy Policy Act of 1992. At subsection (b), Illinois proposes raising the annual coal production cap from 100,000 to 300,000 tons at all locations for eligibility for its small operator assistance program (SOAP). Subsection (b) is also amended by deleting reference to the current services and adding the following new or enhanced services: (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. Subsection (b) if further amended by adding 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. Public Act 88-599 amended 225 ILCS 720/3.15 of the State Act by adding new subsection (e) concerning vegetation requirements for lands eligible for remining. Subsection (e) was added for consistency with Section 515(b) of SMCRA, as amended by the Energy Policy Act of 1992. Proposed subsection (e) reads as follows: On lands eligible for remining, the operator shall assume the responsibility for successful revegatation for a period of 2 full years after the last year of augmented seeding, fertilizing, irrigation, or other work in order to assure compliance with the applicable standards of the Act. This does not preclude responsible land management practices on portions of the total area as deemed necessary and approved by the Department. Public Act 88-599 added 30 ILCS 105/6z-36 to the State Finance Act to establish the Coal Mine Regulatory Fund. It also amended 225 ILCS 720/9.07 of the State Act by requiring all fees and civil penalties collected under the State Act be deposited into the Coal Mine Regulatory Fund. Section 6z-36 specifies that moneys in the Fund shall be annually appropriated to the Department of Mines and Minerals for the enforcement of coal mining regulatory laws and rules adopted by the Department under those laws. III. Public Comment Procedures In accordance with the provisions of 30 CFR 732.17(h), OSM is seeking comments on whether the proposed amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If the amendment is deemed adequate, it will become part of the Illinois program. Written Comments Written comments should be specific, pertain only to the issues proposed in this rulemaking, and include explanations in support of the commenter's recommendations. Comments received after the time indicated under DATES or at locations other than the Springfield Field Office will not necessarily be considered in the final rulemaking or included in the Administrative Record. Public Hearing Persons wishing to speak at the public hearing should contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m. on October 14, 1994. The location and time of the hearing will be arranged with those persons requesting the hearing. If no one requests an opportunity to speak at the public hearing, the hearing will not be held. Filing of a written statement at the time of the hearing is requested as it will greatly assist the transcriber. Submission of written statements in advance of the hearing will allow OSM officials to prepare adequate responses and appropriate questions. The public hearing will continue on the specified date until all persons scheduled to speak have been heard. Persons in the audience who have not been scheduled to speak, and who wish to do so, will be heard following those who have been scheduled. The hearing will end after all persons scheduled to speak and persons present in the audience who wish to speak have been heard. Public Meeting If only one person requests an opportunity to speak at a hearing, a public meeting, rather than a public hearing, may be held. Persons wishing to meet with OSM representatives to discuss the proposed amendment may request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings will be open to the public and, if possible, notices of meetings will be posted at the locations listed under ADDRESSES. A written summary of each meeting will be made a part of the Administrative Record. IV. 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 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. 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 counterpart Federal regulations. List of Subjects in 30 CFR Part 913 Intergovernmental relations, Surface mining, Underground mining. Dated: September 23, 1994. Tim L. Dieringer, Acting Assistant Director Eastern Support Center. [FR Doc. 94-24132 Filed 9-28-94; 8:45 am] BILLING CODE 4310-05-M