[Federal Register Volume 62, Number 228 (Wednesday, November 26, 1997)]
[Proposed Rules]
[Pages 63045-63046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31095]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 913

[SPATS No. IL-098-FOR]


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 a revision to the Illinois 
regulations pertaining to administrative review. The amendment is 
intended to revise the Illinois program to be consistent with the 
corresponding Federal regulations.
    This document sets forth the times and locations that the Illinois 
program and proposed amendment to that program are available for public 
inspection, the comment period during which interested persons may 
submit written comments on the proposed amendment, and the procedures 
that will be followed regarding the public hearing, if one is 
requested.

DATES: Written comments must be received by 4:00 p.m., c.s.t., December 
26, 1997. If requested, a public hearing on the proposed amendment will 
be held on December 22, 1997. Requests to speak at the hearing must be 
received by 4:00 p.m., c.s.t. on December 11, 1997.

ADDRESSES: Written comments and requests to speak at the hearing should 
be mailed or hand delivered to Andrew R. Gilmore, Director, 
Indianapolis Field Office, at the address listed below.
    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 Indianapolis Field Office.

Andrew R. Gilmore, Director, Indianapolis Field Office, Office of 
Surface Mining Reclamation and Enforcement, Minton-Capehart Federal 
Building 575 North Pennsylvania Street, Room 301, Indianapolis, IN 
46204, Telephone: (317) 226-6700.
Illinois Department of Natural Resources, Office of Mines and Minerals, 
524 South Second Street, Springfield, IL 62701-1787, Telephone (217) 
782-4970.

FOR FURTHER INFORMATION CONTACT: Andrew R. Gilmore, Director, 
Indianapolis Field Office, Telephone: (317) 226-6700.

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.

[[Page 63046]]

II. Description of the Proposed Amendment

    By letter dated November 3, 1997 (Administrative Record No. IL-
5000), Illinois submitted a proposed amendment to its program pursuant 
to SMCRA. Illinois submitted the proposed amendment at its own 
initiative. In its submission letter, Illinois stated the amendment was 
necessitated by a permit review case wherein the hearing officer found 
that the Department's burden of proof standard was improper. The 
hearing officer ruled that a preponderence of the evidence standard was 
the appropriate standard to apply in a permit review proceeding. On a 
subsequent appeal of the administrative case, the circuit court agreed 
that the clearly erroneous standard was invalid, and that the 
preponderance of the evidence standard was the correct standard to 
apply (Citizens Organizing Project v. IDNR, 96-MR-126, Sangamon County 
Circuit Court). The provision of Title 62, Illinois Administrative Code 
(IAC) that Illinois proposes to amend is at 62 IAC 1847.3(g), permit 
hearings. Specifically, Illinois proposes to delete the existing 
language at 62 IAC 1847.3(g) and replace it with the following 
language.

    The standard of proof in a hearing conducted under this Section 
shall be the preponderence of the evidence.

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 731.15. 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 Indianapolis 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., 
c.s.t. on December 11, 1997. The location and time of the hearing will 
be arranged with those persons requesting the hearing. 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. 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 
location 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 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)).

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.

Unfunded Mandates

    OSM has determined and certifies pursuant to the Unfunded Mandates 
Reform Act (2 U.S.C. 1502 et seq.) that this rule will not impose a 
cost of $100 million or more in any given year on local, state, or 
tribal governments or private entities.

List of Subjects in 30 CFR Part 913

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: November 20, 1997.
Charles E. Sandberg,
Acting Regional Director, Mid-Continent Regional Coordinating Center.
[FR Doc. 97-31095 Filed 11-25-97; 8:45 am]
BILLING CODE 4310-05-M