10522 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules

program approval criteria of 30 CFR

732.15. If the amendment is deemed

adequate, it will become part of the

Alaska program.

1. 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 Casper Field Office will

not necessarily be considered in the

final rulemaking or included in the

administrative record.

2. Public Hearing

Persons wishing to testify at the

public hearing should contact the

person listed under FOR FURTHER

INFORMATION CONTACT by 4:00 p.m.,

m.s.t. on March 14, 1995. 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. The location and time of the

hearing will be arranged with those

persons requesting the hearing. If no one

requests an opportunity to testify 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 specific date until all persons

scheduled to testify have been heard.

Persons in the audience who have not

been scheduled to testify, and who wish

to do so, will be heard following those

who have been scheduled. The hearing

will end after all persons scheduled to

testify and persons present in the

audience who wish to testify have been

heard.

3. Public Meeting

If only one person requests an

opportunity to testify 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

1. 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).

2. 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 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

the Federal regulations at 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.

3. 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)).

4. 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.).

5. 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

that 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 902

Intergovernmental relations, Surface

mining, Underground mining.

Dated: February 21, 1995.

Peter A. Rutledge,

Acting Assistant Director, Western Support

Center.

[FR Doc. 95–4683 Filed 2–24–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 913

[IL–089]

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 referred

to as the ‘‘Illinois program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

revisions to 23 parts of Title 62 of the

Illinois Administrative Code (IAC)

pertaining to permit fees, definitions,

coal exploration, permitting,

environmental resources, reclamation

plans, special categories of mining,

small operator assistance, bonding,

performance standards, inspection,

enforcement, civil penalties,

administrative and judicial review, and

certification of blasters. The amendment

is intended to revise the Illinois

program to be consistent with the

corresponding Federal regulations,

incorporate the additional flexibility

afforded by the recently revised Federal

regulations, provide additional

safeguards, clarify ambiguities, and

improve operational efficiency.

DATES: Written comments must be

received by 4:00 p.m., [C.S.T.], March

29, 1995. If requested, a public hearing

on the proposed amendment will be

held on March 24, 1995. Requests to

speak at the hearing must be received by

4:00 p.m., [C.S.T.], on March 14, 1995.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to Mr.
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules 10523

James F. Fulton, Director, Springfield

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

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

Filed 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 February 3, 1995

(Administrative Record No. IL–1615),

Illinois submitted a proposed

amendment to its program pursuant to

SMCRA. Illinois submitted the proposed

amendment in response to an August 5,

1993, letter (Administrative Record No.

IL–1400) that OSM sent to Illinois in

accordance with 30 CFR 732.17(c), in

response to required program

amendments at 30 CFR 913.16(s), (t),

and (u), and at its own initiative. The

provisions of the 23 parts of Title 62 of

the IAC that Illinois proposes to amend

are discussed below.

A. 62 IAC 1700—General

Illinois proposes the following

revisions to Illinois §§ 1700.11 and

1700.16.

1. Section 1700.11—Applicability

Illinois is adding new subsections

(f)(1) and (f)(2) pertaining to termination

of jurisdiction under the regulatory

program over the reclaimed site of a

completed surface coal mining and

reclamation operation. These

amendments mirror Federal regulations

at 30 CFR 1700.11 (d)(1) and (d)(2).

Subsection (f)(1) specifies under what

circumstances the Department may

terminate its jurisdiction under the

initial program and the permanent

program. Subsection (f)(2) specifies

under what circumstances the

Department shall reassert jurisdiction

under the regulatory program. Statutory

and regulatory citations were proposed

to be updated through the section.

2. Section 1700.16—Fees and

Forfeitures

Illinois is amending subsection (a) by

requiring that fees collected under the

provision of the Surface Coal Mining

Land Conservation and Reclamation Act

(State Act) be deposited in the Coal

Mining Regulatory Fund, rather than the

general revenue fund. This proposed

amendment reflects recent statutory

changes to the State Act at 225 ILCS

720/9.07.

B. 62 IAC 1701. Appendix A—

Definitions

Illinois proposes adding definitions

for Applicant Violator System, Federal

violation notice, land eligible for

remining, ownership or control link,

State violation notice, and wetland. It is

also revising the definitions for historic

lands, substantially disturb, and

violation notice.

‘‘Applicant Violator System or AVS’’

means the computer system maintained

by OSM to identify ownership or

control links involving permit

applicants, permittees, and persons

cited in violation notices.

‘‘Federal violation notice’’ means a

violation notice issued by OSM or by

another agency or instrumentality of the

United States.

A reference to Illinois’ regulations at

62 IAC 1762 and 1764 was added to the

‘‘Historic lands’’ definition.

‘‘Land eligible for remining’’ means

those lands that would otherwise be

eligible for expenditures for section

402(g)(4) or section 404 of the Surface

Mining Control and Reclamation Act of

1977 (30 U.S.C. 1232(g)(4), 1234).

‘‘Ownership or control link’’ means

any relationship included in the

definition of owned or controlled or

owns or controls at 62 IAC 1773.5(a)

and (b) or in the violations review

provisions of 62 IAC 1773.15(b). It

includes any relationship presumed to

constitute ownership or control under

the definition of ‘‘owned or controlled’’

or ‘‘owns or controls’’ unless such

presumption has been successfully

rebutted under the provisions of 62 IAC

1773.24 and 1773.25.

‘‘State violation notice’’ means a

violation notice issued by a State

regulatory authority or by another

agency or instrumentality of State

government.

The definition of substantially

disturb, for purposes of coal

exploration, is revised to exclude

impact to air by blasting.

‘‘Violation notice’’ means any written

notification from a governmental entity,

whether by letter, memorandum,

judicial or administrative pleading, or

other written communication, of

violation of the Act; any Federal

regulation promulgated pursuant

thereto: a State program; or any Federal

or State law or regulation pertaining to

air or water environmental protection in

connection with a surface coal mining

operation. It includes, but is not limited

to, a notice of violation; an imminent

harm cessation order; a failure-to-abate

cessation order; a final order, bill or

demand letter pertaining to a delinquent

civil penalty; a bill or demand letter

pertaining to delinquent abandoned

mine reclamation fees; and a notice of

bond forfeiture, where one or more

violations upon which the forfeiture

was based have not been corrected.

‘‘Wetland’’ means land that has a

predominance of hydric soils (soils

which are usually wet and where there

is little or no free oxygen) and that is

inundated or saturated by surface or

groundwater at a frequency and

duration sufficient to support, and that

under normal circumstances does

support, a prevalence of hydrophytic

vegetation (plants typically found in wet

habitats) typically adapted for life in

saturated soil conditions. Areas which

are restored or created as the result of

mitigation or planned construction

projects and which function as a

wetland are included within this

definition even when all three wetland

parameters are not present.

C. 62 IAC 1761.11—Areas Where Mining

is Prohibited or Limited

At subsection (d)(2), Illinois is

proposing to delete the phrase

‘‘including surface areas by planned

subsidence.’’

D. 62 IAC 1772—Requirements for Coal

Exploration

Illinois is proposing to revise the

following sections of part 1772.
10524 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules

1. Section 1772.11—Notice of

Requirements for Exploration Removing

250 Tons of Coal or Less

Subsection (b)(5) is proposed to be

amended in order to clarify that the

referenced forms are required to be

submitted with a coal exploration notice

only if such forms are required by the

Department’s Oil and Gas Division.

2. Section 1772.12—Permit

Requirements for Exploration Removing

More than 250 Tons of Coal

Subsection (d)(2) is proposed to be

amended by replacing the word

‘‘operation’’ with the word ‘‘permit.’’

Subsection (d)(2)(C) is proposed to be

amended by replacing the reference

‘‘agency with jurisdiction over State

Historic Preservation’’ with ‘‘Illinois

Historic Preservation Agency.’’

E. 62 IAC 1773—Requirements for

Permits and Permit Processing

Illinois is proposing to revise or add

the following sections of part 1773, with

the exception of section 1773.15(a)(1),

consistent with changes made to the

Federal regulations at 30 CFR 773 on

October 28, 1994 (59 FR 54306).

1. Section 1773.15—Review of Permit

Applications

Illinois is proposing to revise

subsection (a)(1) by removing reference

to its informal conference at § 1773.13(c)

and adding a reference to its public

hearing at § 1773.14.

Illinois is proposing to revise

subsection (b)(1) to assure a decision

with respect to permit issuance or

denial is based upon complete

information relating to ownership,

control, and violations by requiring its

review to include information obtained

pursuant to §§ 1773.22, 1773.23,

1778,13, and 1778.14.

Illinois is proposing to revise

subsection (b)(2) to read as follows. ‘‘(2)

Any permit that is issued on the basis

of a presumption supported by

certification under 62 IAC 1778.14 that

a violation is in the process of being

corrected, on the basis of proof

submitted under subsection (b)(1)(A) of

this section that a violation is in the

process of being corrected, or pending

the outcome of an appeal described in

subsection (b)(1)(B) of this section, shall

be conditionally issued.’’

2. Section 1773.20—Improvidently

Issued Permits: General Procedures

Subsection (b)(2)(B) is proposed to be

revised to read as follows. ‘‘(B) Is not the

subject of a good faith appeal, or of an

abatement plan or payment schedule

with which the permittee or other

person responsible is complying to the

satisfaction of the responsible agency;

and * * *.’’

Existing subsection (b)(3) is proposed

to be redesignated (b)(2)(C). New

subsection (b)(3) is proposed to be

added to read as follows. ‘‘(3) The

provisions of § 1773.25 shall apply

when the Department determines: (A)

Whether a violation, penalty or fee

existed at the time that it was cited,

remains unabated or delinquent, has

been corrected, is in the process of being

corrected, or is the subject of a good

faith appeal; and (B) whether any

ownership or control link between the

permittee and the person responsible for

the violation, penalty or fee existed, still

exists, or has been severed.’’

The proposed revision to subsection

(c)(4) read as follows. ‘‘(4) Rescind the

permit. If the Department decides to

rescind the permit, it shall give at least

30 days written notice to the permittee.

If the Department decides to rescind the

permit, it shall issue a notice in

accordance with § 1773.21. In either

case, the permittee shall be given the

opportunity to request review of the

notice under 62 IAC 1847.3. The

Department’s decision shall remain in

effect during the pendency of the

review, unless temporary relief is

granted under 62 IAC 1847.3(k).’’

3. Section 1773.21—Improvidently

Issued Permits: Rescission Procedures

At subsection (a), Illinois proposes to

add the phrase ‘‘consistent with the

provisions of section 1773.25’’ after the

words ‘‘and the Department finds.’’

Subsection (c) is proposed to be

deleted.

4. Section 1773.22—Vertification of

Ownership or Control Application

Information

New § 1773.22 requires the

Department, prior to the issuance of a

permit, to verify ownership or control

information through manual data

sources and through automated data

sources, including the Applicant

Violator System. Upon completion of

the review, the Department shall update

all ownership or control information on

the Applicant Violator System.

5. Section 1773.23—Review of

Ownership or Control and Violation

Information

New § 1773.23 requires the

Department to review all reasonably

available information concerning

violation notices connected with

ownership or control links. The

Department shall not approve the

application unless and until it

determines that violations have been

corrected or are in the process of being

corrected. Following the Department’s

decision on the application, the

Department shall enter all relevant

information related to such decision or

withdrawal into the Applicant Violator

System.

6. Section 1773.24—Procedures for

Challenging Ownership or Control

Shown in the applicant Violator System

New § 1773.24 establishes the

procedures to be followed if a person

wishes to challenge an ownership or

control link between a person and any

other person shown in the Applicant

Violator System. The section provides

procedures for direct appeals of such

links to OSM by persons who have been

so linked. The section also provides for

challenges concerning the status of

violations to which persons shown on

the Applicant Violation System have

been linked. The section further

provides information on the challengers

right for appeal of OSM’s decision to the

Department of the Interior’s Office of

Hearings and Appeals and the

opportunity for those persons making a

challenge to obtain a temporary relief

from any adverse use of the challenged

link or violation information during the

pendency of such challenge.

7. Section 1773.25—Standards for

Challenging Ownership or Control Links

and the Status of Violations

New § 1773.25 establishes standards

for challenges to ownership or control

links and for challenges to the status of

violations. The section allocates

responsibilities between OSM and State

regulatory authorities for resolving

issues related to ownership and control

and provides the standards for evidence

to resolve such issues.

F. 62 IAC 1774.13—Permit Revisions

At subsection (b)(2)(E), a significant

revision shall be required for land use

changes involving greater than 5 percent

of the ‘‘total permit acreage’’ instead of

the ‘‘original total permit acreage.’’

Exceptions to the 5 percent

cumulative total limit were added at

new subsections (b)(2)(E)(i) and (ii). The

proposed addition of subsection

(b)(2)(E)(i) would allow the

accumulation of the 5 percent limit to

restart upon issuance of a significant

revision that addresses all previous land

use changes approved via insignificant

revisions. The proposed addition of

subsection (b)(2)(E)(ii) would allow

acreage added by incidental boundary

revisions to be included in the total

permit acreage used to determine the 5

percent limit if the acreage has been

addressed previously in a significant

revision.
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules 10525

New subsection (d)(6) provides for

public notice of and a ten-day comment

period for incidental boundary revision

applications which propose new surface

acreage or planned subsidence shadow

area to the original permit.

G. 62 IAC 1778.15—Right of Entry

Information

At subsection (a), Illinois is proposing

to eliminate the requirement for

underground coal mining applications

to contain a description of the

documents upon which the applicant

bases his or her legal right to enter and

mine for underground mining areas

(shadow areas), including the right to

subside within the shadow area. Right

of entry information would still be

required for the permitted surface areas

at underground mines.

At subsection (e), Illinois is proposing

to add the phrase ‘‘including planned

subsidence operations.’’

Illinois is proposing to add new

subsection (f) to require applications for

additions to the underground mining

areas (shadow areas) to contain a

notarized statement by a responsible

official of the applicant attesting that all

necessary mining rights, including the

right to subside, if applicable, have been

or will be obtained prior to mining.

H. 62 IAC 1779—Surface Mining Permit

Applications—Minimum Requirements

for Information on Environmental

Resources

Illinois is proposing to revise the

following sections of part 1779 for

consistency with changes made to the

Federal regulations at 30 CFR 779 on

May 27, 1994 (59 FR 27932).

1. Section 1779.22—Land Use

Information

Section 1779.22 pertains to surface

mining permit application requirements

for pre-mining land use information.

Illinois is proposing to delete § 1779.22

and to reorganize the repealed

provisions at subsection (a) into 62 IAC

1780.23(a).

2. Section 1779.25—Cross Sections,

Maps and Plans

Subsections (a)(11) (A), (B), and (C)

are proposed to be deleted. Subsection

(a)(11)(D) is proposed to be deleted from

this section and relocated to 62 IAC

1780.23(a)(3).

Statutory citations in subsection (b)

are updated.

I. 62 IAC 1780.23—Reclamation Plan:

Pre-Mining and Post-Mining Information

Illinois is revising this section for

consistency with changes made to the

Federal regulations at 30 CFR 780 on

May 27, 1994 (59 FR 27932). The

section title is changed from

‘‘Reclamation Plan: Post-mining Land

Uses’’ to ‘‘Reclamation Plan: Pre-Mining

and Post-Mining Information.’’

New subsections (a), (a)(1), and (a)(2)

contain the pre-mining land use

information provisions of existing 62

IAC 1779.22(a) with one addition. At

new subsection (a)(1), one new

provision was added which requires

that in the case of previously mined

land, the use of the land prior to any

mining shall also be described to the

extent such information is available.

New subsection (a)(3) contains the

soil map provision of existing 62 IAC

1779.25(a)(11)(D). The substantive

provisions of existing subsections (a),

(a)(1), (a)(3), and (a)(4) are redesignated

new subsections (b), (b)(1), (b)(2), and

(b)(3). Existing subsection (a)(2)

pertaining to detailed management

plans for a post-mining use of grazing is

deleted.

Existing subsection (b) is redesignated

new subsection (c).

J. 62 IAC 1783—Underground Mining

Permit Applications—Minimum

Requirements for Information on

Environmental Resources

Illinois is proposing to revise the

following sections of part 1783 for

consistency with changes made to the

Federal regulations at 30 CFR 783 on

May 27, 1994 (59 FR 27932).

1. Section 1783.22—Land Use

Information

Section 1783.22 pertains to

underground mining permit application

requirements for pre-mining land use

information. Illinois is proposing to

delete § 1783.22 and to reorganize the

repealed provisions at subsection (a)

into 62 IAC 1784.15(a).

2. Section 1783.25—Cross Sections,

Maps and Plans

Subsections (a)(11) (A), (B), and (C)

are proposed to be deleted. Subsection

(a)(11)(D) is proposed to be deleted from

this section and relocated to 62 IAC

1784.15(a)(3).

Statutory citations in subsection (b)

are updated.

K. 62 IAC 1784.15—Reclamation Plan:

Pre-Mining and Post-Mining Information

Illinois is proposing to revise this

section for consistency with changes

made to the Federal regulations at 30

CFR 784 on May 27, 1994 (59 FR

27932). The section title is changed

from ‘‘Reclamation Plan: Post-Mining

Land Uses’’ to ‘‘Reclamation Plan: PreMining and Post-Mining Information.’’

New subsections (a), (a)(1), and (a)(2)

contain the substantive pre-mining land

use information provisions of existing

62 IAC 1783.22(a) with one addition. At

new subsection (a)(1), one new

provision was added which requires

that in the case of previously mined

land, the use of the land prior to any

mining shall also be described to the

extent such information is available.

New subsection (a)(3) contains the

soil map provision of existing 62 IAC

1783.25(a)(11)(D). The substantive

provisions of existing subsections (a),

(a)(1), (a)(2), and (a)(3) are redesignated

new subsections (b), (b)(1), (b)(2), and

(b)(3).

Existing subsection (b) is redesignated

new subsection (c).

L. 62 IAC 1785—Requirements for

Permits for Special Categories of Mining

Illinois is proposing to revise the

following sections of part 1785.

1. Section 1785.17—Prime Farmlands

At subsection (a), Illinois is proposing

to delete the following language:

‘‘Nothing in this section shall apply to

any permit issued prior to the date of

enactment of the Federal Act, or to any

revisions or renewals thereof, or to any

existing surface mining operations for

which a permit was issued prior to the

date of enactment of the Federal Act, as

determined by the Department prior to

September 29, 1981. For lands for which

a request for exemption was initially

made or pending on or after September

29, 1981.’’

Existing subsections (a)(5) and (6)

pertaining to an acreage limitation on

the amount of exempted prime farmland

are deleted. Existing subsection (a)(7)(A)

was redesignated subsection (a)(5).

Existing subsection (a)(7)(B) pertaining

to a preliminary exemption review is

deleted.

At subsection (d)(1), the sentence

‘‘The State recognizes that the permit

cannot be issued without the required

consultation with USDA’’ is deleted.

2. Section 1785.23—Minor

Underground Mine Facilities Not at or

Adjacent to the Processing or

Preparation Facility or Area

Illinois proposes to revise subsection

(d)(3) by requiring written comments be

filed within the public comment period.

The revision to subsection (e)(1)

requires the Department to make its

final decision to approve, deny, or

modify the complete application for a

permit within 20 days following the

close of the public comment period.

Subsection (g)(1) is proposed to be

amended to require the Department to

notify persons who filed comments or
10526 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules

objections to the application of its final

decision, to replace the word

‘‘disapprove’’ with the word ‘‘deny’’ for

consistency with other sections of the

regulations dealing with approval and

denial of application, and to delete the

requirement that it publish a public

notice of its final action. The regulatory

citation in subsection (g)(2) is corrected.

M. 62 IAC 1795—Small Operator

Assistance

Illinois is proposing to revise the

following sections of part 1795 to

implement recently amended sections of

the State Act at 225 ILCS 720/2.02 and

3.15 and for consistency with revisions

made to the Federal regulations at 30

CFR 795 on May 31, 1994 (59 FR

28136).

1. Section 1795.1—Scope and Purpose

Illinois proposes to amend the

purpose statement at subsection (b) to

read as follows. ‘‘The purpose of the

program is to provide for eligible

operators a determination of probable

hydrologic consequences including the

engineering analysis and designs

necessary for the determination; crosssections, maps and plans; geologic

drilling and statement of results of test

borings and samplings; archaeological

and historical information collection

and relevant plan preparation; pre-blast

surveys and pre-blast survey reports;

and site specific resource information

collection and relevant plan preparation

which are required components of the

permit application under 62 IAC 1772

through 1785.’’

2. Section 1795.4—Definitions

At subsection (b) the definition of

qualified laboratory is revised by

deleting the language ‘‘statement of

results of test borings or core samples

under the Small Operator Assistance

Program and which meets the standards

of section 1795.10’’ and adding the

language ‘‘or other studies and/or

reports or plans under the Small

Operator Assistance Program which

meet the standards of section 1795.10.’’

3. Subsection 1779.6—Eligibility for

Assistance

At subsection (a), the statute citation

is updated.

At subsection (b), the criteria for

eligibility for assistance is revised to

read as follows. ‘‘Establishes that his or

her probable total attributed annual

production from all locations on which

the operator is issued the surface coal

mining and reclamation operations

permit will not exceed 300,000 tons.

At subsection (b)(1) and (b)(2), Illinois

proposes changing the percentage of

ownership of applicant from 5 percent

to 10 percent with respect to the

baseline above which ownership will

play a role in determining attributed

coal production.

5. Section 1795.9—Program Services

and Data Requirements

Illinois proposes to revise subsection

(a) by adding studies, reports, and plans

to the types of services referenced in

subsection (b) that are available to

eligible operators.

Subsection (b) lists the specific

technical services authorized for the

Small Operator Assistance Program

(SOAP). At subsection (b)(1), Illinois

proposes to include engineering

analysis and designs necessary for the

determination of probable hydrologic

consequences. At subsection (b)(2),

Illinois proposes to add drilling as an

authorized SOAP service. Illinois

proposes to add new subsection (b)(3)

which provides for cross-sections, maps

and plans required by 62 IAC 1779.25

and 1783.25. New subsection (b)(4)

provides for collection of archaeological

and historical information and related

plans required by 62 IAC 1779.12(b),

1780.31, 1783.12(b) and 1784.17, and

any other archaeological and historical

information required by the Department.

New subsection (b)(5) provides for

preblast surveys and reports pursuant to

the provisions of 62 IAC 1816.62. New

subsection (b)(6) provides for site

specific resource information and

protection and enhancement plans for

fish and wildlife habitats and other

environmental values required by the

Department under 62 IAC 1779.19,

1780.16, 1783.19, and 1784.21, and

information and plans for any other

environmental values required by the

Department under the State Act.

6. Section 1795.12—Applicant Liability

At subsection (a)(1), the word

‘‘report’’ is replaced by the word

‘‘reports.’’

At subsection (a)(2), the applicant

shall reimburse the Department if the

program administrator finds that the

applicant’s actual and attributed

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.

At subsection (a)(3), the applicant and

its successor shall reimburse the

Department if the permit is sold,

transferred, or assigned to another

person and the original permittee’s and

transferee’s total actual and attributed

production exceeds 300,000 tons during

the 12 months immediately following

the date on which the permit was

originally issued. If the permit is

transferred during the 12-month period

immediately following the permit

issuance date, the determination of

adherence to the 12-month, 300,000 ton

limit shall be performed by combining

the actual and attributed production of

both parties for the 12-month period

immediately following the date of

original permit issuance.

At subsection (b), the definition of

good faith is deleted.

N. 62 IAC 1800—Bonding and

Insurance Requirements for Surface

Coal Mining and Reclamation

Operations

1. Section 1800.5—Definitions

Subsection (b)(4) is revised to allow

Illinois to accept letters of credit from

banks organized or authorized in other

states and from banks organized or

authorized in the United States by

national charter provided that if the

bank does not have an office for

collection in Illinois, there shall be a

confirming bank designated with an

office in Illinois that is authorized to

accept, negotiate, and pay the letter

upon presentment in Illinois.

2. Section 1800.20—Surety Bonds

Subsections (b)(2) through (b)(5),

which contained surety bond

conditions, are deleted.

3. Section 1800.21—Collateral Bonds

Subsection (b)(1) is revised to allow

Illinois to accept letters of credit from

banks organized or authorized to do

business in Illinois, in other States, and

from banks organized or authorized in

the United States by national charter

provided that if the bank does not have

an office for collection in Illinois, there

shall be a confirming bank designated

with an office in Illinois.

O. 62 IAC 1816—Permanent Program

Performance Standards—Surface

Mining Activities and 62 IAC 1817

Permanent Program Performance

Standards—Underground Mining

Activities

Illinois proposed revisions to the

following sections. Regulatory citations

were updated, as necessary, throughout

the sections. Since most of the surface

mining and underground mining

regulations in these sections are

identical, the revisions are being

combined for discussion purposes,

unless otherwise noted.
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules 10527

1. Section 1816.13—Casing and Sealing

of Drilled Holes: General Requirements;

Section 1817.13—Casing and Sealing of

Exposed Underground Openings:

General Requirements

Illinois is proposing to require that

exposed underground openings be

backfilled. The references to ‘‘cased,

sealed, or otherwise managed’’ and

‘‘closed’’ are replaced with the reference

to ‘‘backfilled.’’

2. Section 1816.15—Casing and Sealing

of Drilled Holes: Permanent; Section

1816.15—Casing and Sealing of

Underground Openings: Permanent

Illinois is proposing to require that

exposed underground openings be

backfilled. The references to ‘‘capped,

sealed, backfilled, or otherwise properly

managed’’ are replaced with the

reference to ‘‘backfilled.’’

3. Sections 1816.22/1817.22—Topsoil

and Subsoil

Illinois is proposing to delete

subsection (b)(2) to eliminate the

acreage restriction on topsoil substitutes

that may be approved through the

insignificant permit revision process.

Therefore, existing subsection (b)(1) is

redesignated subsection (b).

4. Sections 1816.41/1817.41—

Hydrologic Balance Protection

Illinois proposes to revise subsection

(c)(2) by specifying that ground water

monitoring reports shall be submitted

by the first day of the second month

following the reporting period, unless

the Department specifies an alternative

reporting schedule.

Illinois proposes to revise subsection

(e)(2) by removing the requirement to

send National Pollutant Discharge

Elimination System (NPDES) reports to

the Department concurrently with those

sent to the Illinois Environmental

Protection Agency and adding the

requirement that NPDES reports are to

be sent to the Department by the first

day of the second month following the

reporting period.

5. Sections 1816.46/1817.46—

Hydrologic Balance: Siltation Structures

The introductory sentence in

subsection (e) is being changed to read

‘‘Exemptions to the requirements to pass

all drainage from disturbed areas

through a siltation structure may be

granted if * * *.’’ Subsection (e) is

proposed to be revised to provide for a

second exemption. The exemption

provided by new subsection (e)(2)(A)

will allow the use of the alternative

sediment control measures described in

§ 1816.45(b) in lieu of siltation

structures. The permittee will have to

demonstrate that these measures are the

best technology currently available

(BTCA) to meet the effluent limitations

and water quality standards for the

receiving waters set forth in § 1816.42.

Existing subsection (e)(2) is

redesignated as (e)(2)(B).

6. Section 1816.79—Protection of

Underground Mining

Section 1816.79 is reorganized. The

word ‘‘coal’’ is proposed to be removed

from existing subsection (a), and the

subsection reference is removed.

Existing subsection (a)(1) is

redesignated subsection (b), and existing

subsection (a)(2) is redesignated

subsection (a).

7. Sections 1816.97/1817.97—Protection

of Fish, Wildlife, and Related

Environmental Values

Illinois is proposing to delete the

reference to the Illinois Endangered

Species Protection Act at subsection (b).

8. Sections 1816.116/1817.116—

Revegetation: Standards for Success

The State Act was recently amended

at 225 ILCS 720/3.15 to change the

revegetation responsibility period from

five years to two years for areas eligible

for remining. Sections 1816/

1817.116(a)(2)(B) are proposed to be

amended to implement this statute by

adding the phrase ‘‘except that on lands

eligible for remining, the period of

responsibility (until September 30,

2004) shall be two (2) full years.’’

Existing § 1816/1817.116(a)(2)(F),

concerning augmentation requirements

for high capability cropland areas, are

proposed to be deleted and replaced

with new provisions pertaining to

wetlands augmentation. New §§ 1816/

1817.116(a)(2)(F) specify that wetlands

shall be considered augmented when

significant alterations are made to the

size or character of the watershed,

pumping is used to maintain water

levels, or neutralizing agents, chemical

treatments or fertilizers are applied to

the wetland area. Water level

management using permanent water

control structures is considered a

normal husbandry practice.

Sections 1816/1817.116(a)(3)(E) are

proposed to be amended to clarify that

pasture and/or hayland or grazing land

on non-previously disturbed areas are

subject to a 90 percent ground cover

standard for a minimum of any 2 years

of a 10-year period prior to the release

of the performance bond, except the first

year of the 5-year extended

responsibility period. The 1-year

attempt limit for substituting corn

productivity for 1 year of hay

productivity is proposed to be removed

from subsection (a)(3)(E). Sections 1816/

1817.116(a)(3)(E) are also being revised

to allow 1 year substitution of crops in

lieu of hay on limited capability land,

provided the Department determines

that the practice is proper management.

New §§ 1816/1817.116(a)(3)(F) specify

that small isolated areas which were

disturbed from activities such as, but

not limited to, signs, boreholes and

power poles, shall be considered

successfully revegetated if the operator

can demonstrate that the soil

disturbance was minor, the soil has

been returned to its original capability,

and the area is supporting its approved

post-mining land use at the end of the

responsibility period.

Section 1816.116(a)(4)(A)(ii) is

proposed to be amended to allow the

Department to approve a field to

represent small isolated areas of the

same capability if it determines that the

field is representative of reclamation of

such areas. The small isolated areas

shall maintain a successful ground

cover as determined by subsection

(a)(3)(E). Productivity results on the

field shall be applicable to the small

isolated areas.

New §§ 1816/1817.116(a)(5)(A)

specify that wetland revegetation

criteria shall be deemed successful

when the wetland vegetation criteria in

the Corps of Engineers Wetlands

Delineation Manual have been achieved

following sampling procedures

specified in that manual. New §§ 1816/

1817.116(a)(5)(B) further specify that

areas designed to support vegetation in

the approved plan shall have a

minimum aerial coverage of 30 percent.

The testing procedure in §§ 1816/

1817.117(d)(1) through (3) shall be used

to evaluate the extent of cover. Aerial

cover shall be determined to be present

if any approved wetland species is

measured at the increment. The

percentage of aerial cover shall be

established for the area tested by taking

the total number of measurements

where aerial cover was determined to be

present.

New §§ 1816/1817.116(c) are

proposed to be added to provide for the

use of reference areas to establish target

yields in lieu of the Agricultural Lands

Productivity Formula (ALPF) for

cropland and hayland. Other

requirements and procedures of 62 IAC

1816.116(a)(4) shall be applicable.

Reference areas used to establish

success standards must meet the

requirements in paragraphs (1) through

(8).

Paragraph (1) requires that if the fields

to be represented contain in total 800

acres or more, the reference area shall

contain at least 40 acres. If the field(s)
10528 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules

to be represented is smaller than 800

acres, the reference area shall be the

greater of 5 percent of the field(s) to be

represented or 1 acre.

Paragraph (2) requires that each

reference area be representative of the

soils of the field(s) to be represented.

The permittee shall provide adequate

documentation of the soils and soil

quality present in the reference area.

Paragraph (3) requires that each year

the permitted provide a statement by a

Federation of Certifying Boards in

Agriculture, Biology, Earth and

Environmental Sciences-certified

professional or a certified agronomist

that the management of the reference

area is equivalent to the field(s) to be

represented. The permittee shall

describe the proposed management of

the reference area in a proposal.

Paragraph (4) requires that reference

areas be located within six miles of the

field(s) to be represented.

Paragraph (5) requires right-of-entry

on the reference area for authorized

representatives of the Department and

the Illinois Department of Agriculture

be secured by written agreement or

consent for the entire time period in

which the reference area will be used.

Paragraph (6) requires that proposed

reference areas be submitted for

Department approval no later than

February 15 of the year in which they

are proposed to be used.

Paragraph (7) requires that the

reference areas have yields established

by whole field harvest and shall be

documented by the Illinois Department

of Agriculture. Paragraph (8) requires

that yields determined for the reference

area be those used for determination of

success of revegetation unless the

Department determines that

management practices have not been

equivalent during the course of the year

or the Department determines that

growing conditions have not been

representative of the fields to be tested.

9. Sections 1816.117/1817.117—

Revegetation: Tree and Shrub

Vegetation

The State Act was amended at 225

ILCS 720/3.15 to change the

revegetation responsibility period from

five years to two years for areas eligible

for remining. Sections 1816/

1817.117(a)(1) are proposed to be

amended to implement this statute by

requiring that on lands eligible for

remining, the period of responsibility

(until September 30, 2004) shall be two

full years for trees and shrubs. Also,

until September 30, 2004, on lands

eligible for remining, trees and shrubs

need not have been in place for three

years; however, such trees and shrubs

shall not be counted in determining

success during the same calendar year

in which they were planted.

Sections 1816/1817.117(a)(3) are

proposed to be amended to clarify that

erosion control structures, including

pond embankments, shall not require

the planting of trees and shrubs.

Sections 1816/1817.117(b) are

proposed to be amended to clarify that

planting arrangements such as

hedgerows, border plantings, clump

plantings, shelterbelts, and open

herbaceous areas which increase

diversity and edge effect within wildlife

areas may be approved by the

Department on a case-by-case basis prior

to planting such areas.

Sections 1816/1817.117(c)(1) are

proposed to be revised by replacing the

word ‘‘area’’ with the word ‘‘field.’’

These sections are also revised by

adding a requirement that once field

boundaries are established in a

submittal, the boundaries shall not be

changed unless the Department

approves a request in accordance with

62 IAC 1774.13.

10. Section 1817.121—Subsidence

Control

Illinois proposes to add new

subsection (c)(3) to require operators to

promptly replace any drinking,

domestic, or residential water supply

from a well or spring in existence prior

to the application for a surface coal

mining and reclamation operations

permit, which has been affected by

contamination, diminution, or

interruption resulting from underground

coal mining operations.

11. Section 1817.131—Cessation of

Operations: Temporary

At subsection (b), three typographical

errors were corrected. The word

‘‘conduct’’ was changed to ‘‘conducts’’

in the first sentence. The word

‘‘affected’’ was added and the word

‘‘are’’ was corrected to the word ‘‘area’’

in the second sentence.

12. Sections 1816.133/1817.133—PostMining Land Capability

At subsection (a)(2)(C) a typographical

error was corrected by replacing the

word ‘‘bound’’ by the word ‘‘found.’’

13. Sections 1816.151/1817.151—

Primary Roads

At subsection (a), Illinois proposes to

specify that the certification shall be

submitted within 30 days after

completion of construction. Illinois also

defines completion of construction to

mean that the road is being used for its

intended purpose as determined by the

Department.

14. Section 1817.182—Minor

Underground Mine Facilities Not at or

Adjacent to the Processing or

Preparation Facility or Area

At subsection (a), Illinois corrected a

typographical error by replacing the

word ‘‘is’’ with the word ‘‘if.’’

At subsection (d)(4), Illinois corrected

a typographical error by replacing the

word ‘‘existing’’ with the word

‘‘restore.’’

At subsection (l), Illinois corrected the

regulatory citation by replacing

‘‘1817.103’’ with ‘‘1817.102.’’

15. Sections 1816.190/1817.190—

Affected Acreage Map

At subsection (a), Illinois is proposing

to delete the phrase ‘‘and to the county

clerk.’’

At subsection (b), Illinois is requiring

the permittee to submit an additional

copy of the affected acreage report,

which the Department will then forward

to the county clerk. Illinois is also

requiring that one of the copies contain

the original signature of a company

official. Also, statutory citations are

being updated in subsection (b).

16. Section 1816.Appendix A—

Agricultural Lands Productivity

Formula—Permit Specifics Yield

Standard

Illinois proposed several changes for

the ‘‘Permit Specifics Yield Standard’’

section. The two existing paragraphs are

amended and reorganized into

subsections (a) and (b), respectively, and

new provisions were added at

subsections (c) through (f).

Language is added at redesignated

subsection (a) to clarify that ALPF target

calculation procedures are applicable to

limited capability lands and that targets

are to be based on the soils which are

disturbed within the permit area.

The existing provisions in

redesignated subsection (b) are now

subject to the provisions of subsections

(c) through (f).

New subsection (c) specifies that the

Department shall provide for

establishment of specific yield

standards for the individual capability

groups to be weighted for an individual

pit (geographically distinct mining area)

if multiple permits are adjacent and

confined to a single continuous pit, or

multiple pits are not adjacent but are

within an individual permit.

New subsection (d) specifies that if an

individual mining pit is present in more

than one county, annual target yield

adjustments shall be based on the

county with the greater permit acreage.

New subsection (e) specifies that after

mining operations have ceased and at
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules 10529

the request of the permittee, the

Department shall recalculate the yield

standards for the permit (pit) based

solely on the soils which were

disturbed. Recalculated targets shall be

applicable to all areas tested for

productivity, after approval of the

recalculation. Approved significant

revisions after permanent cessation of

mining shall cause the targets to be

recalculated.

New subsection (f) specifies that at

the request of the permittee, the

Department shall consolidate prime

farmland and high capability targets,

provided the Department determines

that the soil reconstruction of the high

capability land is equal to or better than

the prime farmland.

17. Section 1816.Appendix A—

Agricultural Lands Productivity

Formula—Agricultural Lands

Productivity Formula Sampling Method

Illinois proposed changes for the

‘‘Agricultural Lands Productivity

Formula Sampling Method’’ section. In

the last paragraph of this section, a

revision was made to require the

Department and the Illinois Department

of Agriculture to jointly request the

operator to verify yields by harvest

weight. Reason Number 3 for this

verification request was deleted.

P. 62 IAC 1825.14—High Capability

Lands: Soil Replacement

At subsection (e), Illinois proposes

adding the title of ‘‘Compaction.’’

Subsection (e)(1) is revised by adding

the word ‘‘above’’ after the regulatory

citation ‘‘Section 1825.14(a). Illinois

added new subsection (e)(1)(E) to

specify that excessive compaction is

also indicated by other diagnostic

methods approved by the Department,

in consultation with the Illinois

Department of Agriculture and the U.S.

Department of Agriculture, Soil

Conservation Service.

At subsection (e)(2), Illinois is

proposing an additional method for the

Department to evaluate excessive

compaction. The permittee will have a

choice between the existing provision

and the new provision which specifies

that compaction alleviation is required

unless the permittee can demonstrate

that the requirements of 62 IAC

1816.116 or 1816.117, as applicable,

have been met without compaction

alleviation on areas reclaimed in a

similar manner. A second new

provision in subsection (e)(2) requires

the Department to retain sufficient bond

at the time of Phase II bond release if it

determines that compaction alleviation

may be needed to achieve the

revegetation success requirements.

Q. 62 IAC 1840—Department

Inspections

1. Section 1840.11—Inspections by the

Department

At subsection (d) the heading ‘‘Aerial

inspections’’ was added.

Illinois proposed new subsections (g)

and (h) to address inspections at sites

which have been abandoned without

completion of reclamation or abatement

of violations. The proposed

amendments are consistent with 30 CFR

840.11 (g) and (h), as amended on

November 28, 1994 (59 FR 60876).

New subsection (g) contains the

criteria required for classifying a site as

abandoned. Before a site can qualify for

a change in inspection frequency,

Illinois must make a written finding that

the site meets the abandoned site

definition criteria.

New subsection (h) contains the

criteria for selecting an alternate

inspection frequency commensurate

with the public health and safety and

environmental considerations present at

each specific site. Illinois must conduct

a complete inspection of the abandoned

site and provide public notice of its

findings. A written finding, which

addresses all the criteria contained in

this section, justifying the alternative

inspection frequency selected must be

prepared and maintained for public

review.

2. Section 1840.17—Review of Decision

Not to Inspect or Enforce

Subsection (a) is proposed to be

revised by requiring the request for

review to be submitted within 30 days

from the date the citizen is notified of

the decision. Failure to file a request for

informal review within this time period

shall result in a waiver of the right to

such review.

Subsection (c) is proposed to be

amended to reference 62 IAC 1847.3 of

the regulations for formal review of the

Department’s decision not to inspect or

enforce, rather than section 8.07 of the

State Act.

R. 62 IAC 1843—State Enforcement

Illinois proposes revisions to the

following sections of part 1843.

1. Section 1843.13—Suspension or

Revocation of Permits

At subsection (a)(1), the phrase

‘‘Except as provided in subsection (b)

below’’ is deleted.

At subsection (a)(3), the existing

provisions are deleted. New provisions

were added which specify that the

Department shall promptly review the

history of violations of any permittee

who has been cited for violations of the

same or related requirements of the

Federal Act, the State Act, 62 IAC 1700

through 1850 or the permit during 3 or

more State inspections of the permit

area within any 12-month period. If

after such review, the Department

determines that a pattern of violations

exists or has existed, an order to show

cause as provided in subsection (a)(1)

shall be issued.

Existing subsection (b) was deleted,

and existing subsection (c), (d), (e), and

(f) were redesignated as (b), (c), (d), and

(e), respectively.

2. Section 1843.23—Enforcement

Actions at Abandoned Sites

This new section specifies that the

Department may refrain from issuing a

notice of violation or cessation order for

a violation at an abandoned site, as

defined in 62 IAC 1840.11(g), if

abatement of the violation is required

under any previously issued notice or

order.

S. 62 IAC 1845.12—When Penalty Will

be Assessed

Illinois is proposing to amend

subsection (d) by adding a requirement

that the Department take into account

the factors set forth in § 1845.13 in

determining whether to assess a penalty

below $1,100. Illinois is also codifying

its long-standing policy of assessing a

penalty below $1,100 if it is the

permittee’s second or more related

violation within a 12-month period.

T. 62 IAC 1847—Administrative and

Judicial Review

Illinois proposes revisions to the

following sections of part 1847.

1. Section 1847.3—Hearings

The section heading is changed from

‘‘Permit Hearings’’ to ‘‘Hearings.’’

At subsection (a), Illinois is specifying

that administrative review under this

section also applies to decisions not to

inspect or enforce under 62 IAC 1840.17

and permit decisions issued pursuant to

62 IAC 1785.23.

At subsection (i), Illinois is proposing

to change the time period from 15 to 10

days for filing of written exceptions and

responses. Also, they are to be filed with

the hearing officer instead of the

Director.

At subsection (j), Illinois is proposing

to have the proposed decision become

final in 10 days instead of 15 if no

written exceptions are filed. Illinois is

also proposing that the hearing officer

instead of the Director issue the final

administrative decision affirming or

modifying or vacating the proposed

decision if written exceptions are filed.
10530 Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules

At subsection (l)(2), Illinois is adding

the provision that judicial review may

be requested if the Department also

failed to act within specified time

limits.

2. Section 1847.4—Citation Hearings

At subsection (j), Illinois is proposing

to change the time period from 15 to 10

days for filing of written exceptions and

responses. Also, they are to be filed with

the hearing officer instead of the

Director.

At subsection (k), Illinois is proposing

to have the proposed decision become

final in 10 days instead of 15 if no

written exceptions are filed. Illinois is

also proposing that the hearing officer

instead of the Director issue the final

administrative decision affirming or

modifying or vacating the proposed

decision if written exceptions are filed.

3. Section 1847.5—Civil Penalty

Assessment Hearings

At subsection (m), Illinois is

proposing to change the time period

from 15 to 10 days for filing of written

exceptions and responses. Also, they are

to be filed with the hearing officer

instead of the Director.

At subsection (n), Illinois is proposing

to have the proposed decision become

final in 10 days instead of 15 if no

written exceptions are filed. Illinois is

also proposing that the hearing officer

instead of the Director issue the final

administrative decision affirming or

modifying or vacating the proposed

decision if written exceptions are filed.

4. Section 1847.6—Show Cause

Hearings

At subsection (k), Illinois is proposing

to change the time period from 15 to 10

days for filing of written exceptions and

responses. Also, they are to be filed with

the hearing officer instead of the

Director.

At subsection (l), Illinois is proposing

to have the proposed decision become

final in 10 days instead of 15 if no

written exceptions are filed. Illinois is

also proposing that the hearing officer

instead of the Director issue the final

administrative decision affirming or

modifying or vacating the proposed

decision if written exceptions are filed.

5. Section 1847.7—Bond Forfeiture

Hearings

At subsection (j), Illinois is proposing

to change the time period from 15 to 10

days for filing of written exceptions and

responses. Also, they are to be filed with

the hearing officer instead of the

Director.

At subsection (k), Illinois is proposing

to have the proposed decision become

final in 10 days instead of 15 if no

written exceptions are filed. Illinois is

also proposing that the hearing officer

instead of the Director issue the final

administrative decision affirming or

modifying or vacating the proposed

decision if written exceptions are filed.

U. 62 IAC 1848.5—Notice of Hearing

Proposed new subsection (f)

implements a July 7, 1993, amendment

to § 2.11 of the State Act pertaining to

permit hearing notices. If the hearing

concerns review of a permit decision

under 62 IAC 1847.3, a notice

containing the information set forth in

subsection (a) and (b) shall be published

in a newspaper of general circulation

published in each county in which any

part of the area of the affected land is

located. The notice shall appear no

more than 14 days nor less than 7 days

prior to the date of the hearing. The

notice shall be no less than 1⁄8 page in

size, and the smallest type used shall be

12 point and shall be enclosed in a

black border no less than 1⁄4 inch wide.

The notice shall not be placed in that

portion of the newspaper where legal

notices and classified advertisements

appear. Any deviations from the

requirements of this subsection

attributable to the publishing newspaper

shall not be grounds for postponement

or continuance of the hearing, nor will

such errors necessitate that the notice be

republished.

V. 62 IAC 1850—Training, Examination

and Certification of Blasters

Illinois proposes revisions to the

following sections of part 1850.

1. Section 1850.13—Training

At subsection (a), a typographical

error was corrected by replacing the

word ‘‘person’’ with the word

‘‘persons.’’

At subsection (b)(14), various

regulation and statute citations were

corrected.

2. Section 1850.14—Examination

Illinois proposed to amend subsection

(a) by removing the requirement that

notification of a scheduled examination

be made in writing.

Illinois proposed to amend subsection

(b) by removing the requirement that

notification of a scheduled

reexamination be made by letter.

3. Section 1850.15—Application and

Certification

Subsection (a) is proposed to be

amended by shortening the deadline for

receipt of applications from 45 days to

30 days and by shortening the deadline

for review of applications from 30 to 15

days.

4. Section 1850.16—Denial, Issuance of

Notice of Infraction, Suspension,

Revocation, and other Administrative

Actions

Subsection (b) is proposed to be

entitled ‘‘Notice of Infraction.’’ At

subsections (b)(1)(A) and (b)(1)(D),

various regulatory and statute citations

are corrected. Subsection (b)(3) is

revised by requiring the blaster to file a

request for review with the Department

and removing the existing forwarding

provision. The requirement to include

specified information in the request was

removed. The hearing regulation

reference was corrected. The hearing is

proposed to be held at one of the

Department’s offices, and the existing

location provision is removed.

Subsection (c) is proposed to be

entitled ‘‘Notice of Show Cause.’’ At

subsection (c)(2), the word ‘‘public’’ was

deleted, and the hearing regulation

citation was corrected. At subsection

(c)(3), the hearing regulation citation

was corrected.

5. Section 1850.17—Judicial Review

This section is proposed to be

repealed as the provision for judicial

review is contained elsewhere in

Illinois’ regulations.

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., [C.S.T.], on

March 14, 1995. The location and time

of the hearing will be arranged with

those persons requesting the hearing. If

no one requests an opportunity to speak
Federal Register / Vol. 60, No. 38 / Monday, February 27, 1995 / Proposed Rules 10531

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.

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.

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: February 16, 1995.

Richard Seibel,

Acting Assistant Director, Eastern Support

Center.

[FR Doc. 95–4681 Filed 2–24–95; 8:45 am]

BILLING CODE 4310–05–M

30 CFR Part 944

Utah Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; public comment

period and opportunity for public

hearing on proposed amendment.

SUMMARY: OSM is announcing receipt of

a proposed amendment to the Utah

regulatory program (hereinafter, the

‘‘Utah program’’) under the Surface

Mining Control and Reclamation Act of

1977 (30 U.S.C. 1201 et seq., SMCRA).

The proposed amendment consists of

revisions to rules pertaining to civil

penalties. The amendment is intended

to revise Utah’s rules to be consistent

with recently promulgated revisions to

the Utah Coal Reclamation Act of 1979

(Utah Administrative Code (UCA) 40–10

et seq.).

DATES: Written comments must be

received by 4:00 p.m., m.s.t., March 29,

1995. If requested, a public hearing on

the proposed amendment will be held

on March 24, 1995. Requests to present

oral testimony at the hearing must be

received by 4:00 p.m., m.s.t. on March

14, 1995.

ADDRESSES: Written comments should

be mailed or hand delivered to Thomas

E. Ehmett at the address listed below.

Copies of the Utah program, the

proposed amendment, and all written

comments received in response to this

document will be available for pubic

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 Albuquerque Field

Office.

Thomas E. Ehmett, Acting Director,

Albuquerque Field Office, Office of

Surface Mining Reclamation and

Enforcement, 505 Marquette Avenue,

NW., Suite 1200, Albuquerque, New

Mexico 87102

Utah Coal Regulatory Program, Division

of Oil, Gas and Mining, 355 West

North Temple, 3 Triad Center, Suite

350, Salt Lake City, Utah 84180–1203,

Telephone: (801) 538–5340

FOR FURTHER INFORMATION CONTACT:

Thomas E. Ehmett, Telephone: (505)

766–1486.

SUPPLEMENTARY INFORMATION:

I. Background on the Utah Program

On January 21, 1981, the Secretary of

the Interior conditionally approved the

Utah program. General background

information on the Utah program,