Illinois Regulatory Program, 12735-12739 [2020-03753]
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Federal Register / Vol. 85, No. 43 / Wednesday, March 4, 2020 / Rules and Regulations
13211. Therefore, a Statement of Energy
Effects is not required.
List of Subjects in 30 CFR Part 250
Administrative practice and
procedure, Continental shelf,
Environmental impact statements,
Environmental protection, Government
contracts, Investigations, Oil and gas
exploration, Penalties, Pipelines,
Continental Shelf—mineral resources,
Continental Shelf—rights-of-way,
Reporting and recordkeeping
requirements, Sulfur.
Casey Hammond,
Acting Assistant Secretary—Land and
Minerals Management, U.S. Department of
the Interior.
For the reasons given in the preamble,
Bureau of Safety and Environmental
Enforcement (BSEE) amends Title 30,
Chapter II, Subchapter B, Part 250 of the
Code of Federal Regulations as follows.
PART 250—OIL AND GAS AND
SULFUR OPERATIONS IN THE OUTER
CONTINENTAL SHELF
1. The authority citation for 30 CFR
Part 250 continues to read as follows:
■
Authority: 30 U.S.C. 1751, 31 U.S.C. 9701,
33 U.S.C. 1321(j)(1)(C), 43 U.S.C. 1334.
2. Revise § 250.1403 to read as
follows:
■
§ 250.1403
penalty?
What is the maximum civil
The maximum civil penalty is
$45,463 per day per violation.
[FR Doc. 2020–03694 Filed 3–3–20; 8:45 am]
BILLING CODE 4310–VH–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 913
[SATS No. IL–109–FOR; Docket ID: OSM–
2019–0003 S1D1S SS08011000 SX064A000
201S180110; S2D2S SS08011000
SX064A000 20XS501520]
Illinois Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are approving an amendment
to the Illinois regulatory program
(Illinois program) under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). Illinois
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SUMMARY:
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proposes revisions to its statute and
regulations, including allowing the
extraction of coal as an incidental part
of a government-financed construction
project, revising its Ownership and
Control rules, and clarifying land use
changes requiring a significant permit
revision. Illinois intends to revise its
program to be as effective as the Federal
regulations.
DATES: Effective April 3, 2020.
FOR FURTHER INFORMATION CONTACT:
William L. Joseph, Director, Alton Field
Division, Office of Surface Mining
Reclamation and Enforcement, 501 Belle
Street, Suite 216, Alton, Illinois 62002.
Telephone: (618) 463–6460. Email:
bjoseph@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Illinois Program
II. Submission of the Amendment
III. OSMRE’s Findings
IV. Summary and Disposition of Comments
V. OSMRE’s Decisions
VI. Statutory and Executive Order Reviews
I. Background on the Illinois Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, State laws
and regulations that govern surface coal
mining and reclamation operations in
accordance with the Act and consistent
with the Federal regulations. See 30
U.S.C. 1253(a)(1) and (7). On the basis
of these criteria, the Secretary of the
Interior conditionally approved the
Illinois program effective June 1, 1982.
You can find background information
on the Illinois program, including the
Secretary’s findings, the disposition of
comments, and the conditions of
approval of the Illinois program in the
June 1, 1982, Federal Register (47 FR
23858). In the September 6, 1989,
Federal Register, (54 FR 36963), the
Secretary of the Interior announced that
the Illinois program was fully approved
effective on that date. You can also find
later actions concerning the Illinois
program and program amendments at 30
CFR 913.10, 913.15, and 913.17.
II. Submission of the Amendment
By letter dated December 5, 2018
(Administrative Record No. IL–5100),
Illinois sent us an amendment to its
program under SMCRA (30 U.S.C. 1201
et seq.) at its own initiative. By email
dated December 11, 2018, Illinois
requested that OSMRE’s review be put
on hold until it could resubmit the
proposed amendment due to editorial
changes requested by the Illinois Joint
Committee on Administrative Rules.
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Illinois resubmitted the proposed
amendment to OSMRE on February 20,
2019 (Administrative Record No. IL–
5112). We used the amendment
submitted on February 20, 2019, for our
review.
We announced the receipt of the
proposed amendment in the May 1,
2019, Federal Register (84 FR 18428). In
the same document, we opened the
public comment period and provided an
opportunity for a public hearing or
meeting on the adequacy of the
amendment. The public comment
period ended on May 31, 2019. At the
request of three Illinois citizens’
organizations, we reopened the public
comment period in the June 10, 2019,
Federal Register (84 FR 26802) and
provided another opportunity for a
public hearing or meeting on the
adequacy of the amendment. The public
comment period ended on June 24,
2019. We did not hold a public hearing
or meeting because one was not
requested. We received three public
comments that are addressed in the
Public Comments section of part IV,
Summary and Disposition of Comments,
below.
III. OSMRE’s Findings
We are approving the amendment as
described below. The following are
findings we made concerning Illinois’
amendment under SMCRA and the
Federal regulations at 30 CFR 732.15
and 732.17. Any revisions that we do
not specifically discuss below
concerning non-substantive wording or
editorial changes can be found in the
full text of the program amendment
available at www.regulations.gov.
A. Illinois Surface Coal Mining Land
Conservation and Reclamation Act (225
ILCS 720)—Section 1.06. Scope of the
Act
Illinois proposes to revise the Illinois
Surface Coal Mining Land Conservation
and Reclamation Act (ISCMLCRA) (225
ILCS 720), section 1.06, ‘‘Scope of the
Act,’’ by adding language allowing coal
extraction as an incidental part of a
government-financed project. The
language added is nearly identical to
that found in section 528 of SMCRA (30
U.S.C. 1278).
Illinois’ proposed amendment to the
Illinois Compiled Statutes Annotated is
no less stringent than section 528 of
SMCRA (30 U.S.C. 1278). Therefore, we
are approving Illinois’ revision of the
scope of the ISCMLCRA.
Illinois also proposes to revise several
Parts of Title 62 of the Illinois
Administrative Code, discussed below.
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B. Section 1701, Appendix A.
Definitions
In addition to minor, non-substantive
grammatical and punctuation changes,
Illinois proposes to revise its regulation
at section 1701, Appendix A, by
amending or adding definitions,
including, ‘‘control,’’ ‘‘extraction,’’
‘‘government financing agency,’’
‘‘government-financed construction,’’
‘‘knowing,’’ ‘‘own, owner or
ownership,’’ ‘‘violation,’’ ‘‘violation
notice’’ and ‘‘willful or willfully These
definitions substantively mirror the
Federal definitions at 30 CFR 701.5 and
707.5.
Illinois also proposes to revise the
definition of ‘‘permit area.’’ Illinois’
proposed definition is substantively the
same as the Federal definition found at
30 CFR 701.5, with one exception.
Specifically, Illinois proposes to include
the statement that, ‘‘the permit area
excludes the area defined in this Part as
the shadow area.’’ The Illinois program
defines ‘‘shadow area’’ as, ‘‘any area
beyond the limits of the permit area in
which underground workings are
located. This area includes all resources
above and below the coal that are
protected by the State Act that may be
adversely impacted by underground
mining operations including impacts of
subsidence.’’ Shadow area relates to
underground mine workings. Section
516 of SMCRA specifically requires the
Secretary ‘‘to accommodate the distinct
difference between surface and
underground mining.’’ 30 U.S.C. 1266.
While there is no statutory or regulatory
Federal counterpart definition of
‘‘shadow area,’’ OSMRE finds that
Illinois’ distinction between the two
terms is consistent with SMCRA.
Moreover, we have previously approved
Illinois’ treatment of shadow area as
distinct from the permit area and
approved the definition of shadow area
within the Illinois program. For
example, in the October 25, 1988,
Federal Register (53 FR 43112), in
response to commenters, we stated,
‘‘OSMRE has previously determined
that the definition of permit area does
not include surface areas above
underground workings, which in
Illinois is defined as the shadow area.’’
Based on our comparison to the Illinois
program and the Federal regulations we
find that the definition of ‘‘permit area’’
including the additional sentence
unique to the Illinois program is no less
effective than the Federal definition at
30 CFR 701.5. Therefore, we are also
approving Illinois’ proposed
amendment to the definition of ‘‘permit
area.’’
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C. Part 1703 Exemption for Coal
Extraction Incident to GovernmentFinanced Highway or Other
Construction
Illinois proposes adding a new section
1703 to allow the extraction of coal as
an incidental part of a governmentfinanced construction project, which
incorporates language identical to the
Federal regulations at 30 CFR part 707.
We find that Illinois’ proposed
amendment does not make its statute or
regulations neither less stringent than
nor less effective than the Federal
regulations found at 30 CFR part 707.
Therefore, we are approving Illinois’
revision.
D. Part 1773 Requirements for Permits
and Permit Processing
Illinois proposes to amend section
1773.15, ‘‘Review of Permit
Applications’’ to comport with changes
made to the Federal regulations at 30
CFR 773.12 as a result of a Federal
rulemaking related to ownership and
control. 72 FR 68000 (Dec. 3, 2007).
Within the 2007 rulemaking, among
other changes, OSMRE removed
reference to ‘‘control’’ within the
definition of own, owner, or ownership
and with respect to ownership; limited
the ability of regulatory authorities to
look one level down from the applicant
when making a permit eligibility
determination; and confirmed that each
State, ‘‘when it processes a permit
application, must apply its own
ownership and control rules to
determine whether the applicant owns
or controls any surface coal mining
operations with violations.’’ 72 FR
68012. Illinois proposes to prevent the
Illinois Department of Natural
Resources (DNR) from considering
violations upstream of the permit
applicant by removing ‘‘person who
owns or controls the applicant’’ from
this section. We find this to be
consistent with the 2007 Federal
rulemaking and Nat’l Mining Ass’n v.
Dep’t. of the Interior, 105 F.3d 691, 694
(D.C. Cir. 1997), holding that we cannot
deny permits based on violations at
operations owned or controlled by the
applicant’s owners or controllers.
Illinois also proposes to amend
section 1773.25, ‘‘Standards for
Challenging Ownership or Control Links
and the Status Violations,’’ to update a
subsection reference.
We find that Illinois’ proposed
amendments do not make its statutes or
regulations neither less stringent than
nor less effective than the Federal
regulations found at 30 CFR 773.12.
Therefore, we are approving Illinois’
revisions.
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E. Section 1774 Permit Revisions
Illinois proposes to amend section
1774.13, ‘‘Permit Revisions,’’ to provide
further clarification as to which
reclamation plan land use changes
require a significant revision for a
permit application. Illinois proposes to
remove the requirement for a significant
revision for land use changes involving
greater than five percent of the total
permit acreage after finding the five
percent limitation to be unduly
restrictive and burdensome. Instead,
DNR will consider changes in the
reclamation plan for postmining land
use in determining whether a significant
revision to the permit must be obtained.
Therefore, should a proposed change to
the reclamation plan include a land use
change from cropland, pastureland,
grazing land, forestry, or fish and
wildlife habitat to residential,
industrial/commercial, recreation, or
developed water resources that meet the
size criteria of 30 CFR 77.216(a), then a
significant revision of the permit must
be obtained. Illinois proposes to deem
such land use changes as significant
permit revisions to ensure protections
for conversion from the most common
land uses to uses that would have
minimal vegetation or pose potential
safety concerns receive additional
agency approvals. Illinois is establishing
these guidelines to ensure the
requirements of 30 CFR 774.13(b)(2) are
satisfied. Section 511(a)(2) of SMCRA
(30 U.S.C. 1261(a)(2)) and the Federal
regulations at 30 CFR 774.13(b) require
the regulatory authority to establish
guidelines for the scale or extent of
revisions for which all the permit
application requirements will apply.
OSMRE determined in the September
28, 1983, Federal Register (48 FR
44344) that this requirement provided
flexibility to the regulatory authority to
establish guidelines suitable to the
operation of individual State programs.
We find that Illinois’ proposed
amendment to be no less effective than
the Federal regulations found at 30 CFR
774.13. Therefore, we are approving
Illinois’ proposed amendment about
certain land use changes qualified as
significant revisions.
F. Section 1778 Permit Applications—
Minimum Requirements for Legal,
Financial, Compliance, and Related
Information
Illinois proposes adding a new section
1778.9, ‘‘Certifying and Updating
Existing Permit Application
Information,’’ which incorporates
language identical to the Federal
regulations at 30 CFR 778.9.
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Illinois proposes to amend section
1778.13, ‘‘Identification of Interests,’’ to
ensure all elements of the Federal
regulations at 30 CFR 778.11 and 778.12
are incorporated into the Illinois
regulations and to be consistent with
changes made to the Federal regulations
as a result of the Federal rulemaking
published on December 3, 2007. (72 FR
68000).
Illinois proposes to amend section
1778.14, ‘‘Violation Information,’’ by
adding language to mirror the Federal
regulations at 30 CFR 778.14.
Illinois proposes to amend section
1778.15, ‘‘Right of Entry Information,’’
to add language found in the Federal
regulations at 30 CFR 778.13 related to
property interest information to the
existing right of entry language in this
section, which corresponds to 30 CFR
778.15, so that all property-related rules
are located in one section.
We find that Illinois’ proposed
amendments to the Illinois Code are no
less effective than the Federal
regulations found at 30 CFR part 1778.
Therefore, we are approving Illinois’
revisions.
IV. Summary and Disposition of
Comments
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Public Comments
We asked for public comments on the
amendment. As noted in Section II,
Submission of the Amendment, above,
the original comment period ended May
31, 2019. We did not receive comments
on the proposed amendment during that
period, but we received requests from
three Illinois citizens’ organizations to
reopen the comment period to give the
public more time to review the
proposed amendment and provide
comments. The comment period was
reopened June 10, 2019, and ended June
24, 2019. We received three comments
during this period from the Illinois
Chapter Sierra Club, the Citizens
Against Longwall Mining, and Stand Up
To Coal.
Two commenters mentioned the
‘‘Banner Rules,’’ which refers to the
Banner Agreed Order between the
Illinois Attorney General and the
Illinois Department of Natural
Resources that outlines coal mine
permitting process reforms stemming
from the Banner Mine settlement. We
did not take any action based on this
comment. Any changes identified
within the Banner Rules were not part
of this proposed amendment from
Illinois and, therefore, are outside the
scope of this review. Further, the
Banner Agreed Order is a statemandated order, which both
commenters have acknowledged, and as
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such, we have no jurisdiction to require
such changes. When Illinois proposes to
make the changes identified in the
Banner Rules, that proposed
amendment will be evaluated at that
time to determine if the changes would
render the Illinois program less effective
than the Federal regulations.
Another commenter requested that
OSMRE make a renewed effort to
require ‘‘upstream,’’ full historic and
complete ownership and control
information supplied as part of a permit
issuance. The commenter contends that
this information is essential for citizens
in Illinois. We did not take any action
based on this comment. In the
submitted comment, the commenter
acknowledged that there are no major
differences in the proposed amendment
and the current Federal regulations. In
the Findings section above, we
confirmed that the changes proposed by
Illinois conform to the requirements of
SMCRA and the Federal regulations,
and as such, do not make the Illinois
program less effective than the Federal
regulations.
Two comments were received
regarding the proposed change to
section 1774, Permit Revisions, in
which Illinois proposes to remove the
requirement for a significant revision for
land use changes involving greater than
five percent of the total permit acreage
after finding the five percent limitation
to be unduly restrictive and
burdensome. The commenters asked
that we not approve this change and
require Illinois to keep the current five
percent standard for a significant
revision. We did not concur with this
comment as explained in the Findings
section above.
Finally, one commenter addressed
section 1778 of the proposed
amendment. The commenter expressed
concerns that the many layers to mining
corporations present significant
challenges for the public to be able to
ascertain if a mining permittee has past
mining violations that would affect the
issuance of a permit. We did not take
any action based on this comment. In
the submitted comment, the commenter
acknowledged that the Illinois proposed
changes are an update to wording to
comport with the current Federal
regulations. In the Findings section
above, we confirmed that the changes
proposed by Illinois conform to the
requirements of SMCRA and the Federal
regulations, and as such, do not make
the Illinois program less effective than
the Federal regulations.
These comments are available in their
entirety at www.regulations.gov.
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Federal Agency Comments
On February 21, 2019, pursuant to 30
CFR 732.17(h)(11)(i) and section 503(b)
of SMCRA (30 U.S.C. 1253(b)), we
requested comments on the amendment
from various Federal agencies with an
actual or potential interest in the Illinois
program (Administrative Record No. IL–
5113). We did not receive any
comments.
Environmental Protection Agency (EPA)
Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we
are required to get a written concurrence
from EPA for those provisions of the
program amendment that relate to air or
water quality standards issued 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, we
did not ask EPA to concur on the
amendment. However, on February 21,
2019, under 30 CFR 732.17(h)(11)(i), we
requested comments from the EPA on
the amendment (Administrative Record
No. IL–5113). The EPA did not respond
to our request.
State Historical Preservation Officer
(SHPO) and the Advisory Council on
Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are
required to request comments from the
SHPO and ACHP on amendments that
may have an effect on historic
properties. On February 21, 2019, we
requested comments on the amendment
(Administrative Record No. IL–5113).
We did not receive any comments.
V. OSMRE’s Decision
Based on the above finding, we are
approving the Illinois amendment that
was submitted on February 20, 2019
(Administrative Record No. IL–5112).
To implement this decision, we are
amending the Federal regulations at 30
CFR part 913, which codify decisions
concerning the Illinois program. In
accordance with the Administrative
Procedure Act (5 U.S.C. 553), this rule
will take effect 30 days after the date of
publication. Section 503(a) of SMCRA
(30 U.S.C. 1253(a)) requires that the
State’s program must demonstrate that
the State has the capability of carrying
out the provisions of the Act and
meeting its purposes. SMCRA requires
consistency of State and Federal
standards.
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Executive Order 13132—Federalism
VI. Statutory and Executive Order
Reviews
Executive Order 12630—Governmental
Actions and Interference With
Constitutionally Protected Property
Rights
This rule would not affect a taking of
private property or otherwise have
taking implications that would result in
public property being taken for
government use without just
compensation under the law. Therefore,
a takings implication assessment is not
required. This determination is based on
an analysis of the corresponding Federal
regulations.
Executive Orders 12866—Regulatory
Planning and Review and 13563—
Improving Regulation and Regulatory
Review
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance, dated
October 12, 1993, the approval of State
program amendments is exempted from
OMB review under Executive Order
12866. Executive Order 13563, which
reaffirms and supplements Executive
Order 12866, retains this exemption.
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Executive Order 12988—Civil Justice
Reform
The Department of the Interior has
reviewed this rule as required by section
3(a) of Executive Order 12988. The
Department has determined that this
Federal Register notification meets the
criteria of section 3 of Executive Order
12988, which is intended to ensure that
the agency review its legislation and
regulations to minimize litigation; and
that the agency’s legislation and
regulations provide a clear legal
standard for affected conduct, rather
than a general standard, and promote
simplification and burden reduction.
Because section 3 focuses on the quality
of Federal legislation and regulations,
the Department limited its review under
this Executive order to the quality of
this Federal Register notification and to
changes to the Federal regulations. The
review under this Executive order did
not extend to the language of the State
regulatory program or to the program
amendment that Illinois drafted.
Executive Order 13771—Reducing
Regulation and Controlling Regulatory
Costs
State program amendments are not
regulatory actions under Executive
Order 13771 because they are exempt
from review under Executive Order
12866.
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This rule is not a ‘‘[p]olicy that [has]
Federalism implications’’ as defined by
section 1(a) of Executive Order 13132
because it does not have ‘‘substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ Instead, this rule
approves an amendment to the Illinois
program submitted and drafted by that
State. OSMRE reviewed the submission
with fundamental federalism principles
in mind as set forth in sections 2 and
3 of the Executive order and with the
principles of cooperative federalism as
set forth in SMCRA. See, e.g., 30 U.S.C.
1201(f). As such, pursuant to section
503(a)(1) and (7) (30 U.S.C. 1253(a)(1)
and (7)), OSMRE reviewed the program
amendment to ensure that it is ‘‘in
accordance with’’ the requirements of
SMCRA and ‘‘consistent with’’ the
regulations issued by the Secretary
pursuant to SMCRA.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
The Department of the Interior strives
to strengthen its government-togovernment relationship with Tribes
through a commitment to consultation
with Tribes and recognition of their
right to self-governance and tribal
sovereignty. We have evaluated this rule
under the Department’s consultation
policy and under the criteria in
Executive Order 13175, and have
determined that it has no substantial
direct effects on federally recognized
Tribes or on the distribution of power
and responsibilities between the Federal
Government and Tribes. Therefore,
consultation under the Department’s
tribal consultation policy is not
required. The basis for this
determination is that our decision is on
the Illinois program, which does not
include Tribal lands or regulation of
activities on Tribal lands. Tribal lands
are regulated independently under the
applicable, approved Federal program.
Executive Order 13211—Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
Executive Order 13211 requires
agencies to prepare a Statement of
Energy Effects for a rulemaking that is
(1) considered significant under
Executive Order 12866, and (2) likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
Because this rule is exempt from review
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under Executive Order 12866 and is not
a significant energy action under the
definition in Executive Order 13211, a
Statement of Energy Effects is not
required.
Executive Order 13045—Protection of
Children From Environmental Health
Risks and Safety Risks
This rule is not subject to Executive
Order 13045 because this is not an
economically significant regulatory
action as defined by Executive Order
12866; and this action does not address
environmental health or safety risks
disproportionately affecting children.
National Environmental Policy Act
Consistent with sections 501(a) and
702(d) of SMCRA (30 U.S.C. 1251(a) and
1292(d), respectively) and the U.S.
Department of the Interior Departmental
Manual, Part 516, section 13.5(A), State
program amendments are not major
Federal actions within the meaning of
section 102(2)(C) of the National
Environmental Policy Act (42 U.S.C.
4332(2)(C)).
National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 3701 et seq.)
directs OSMRE to use voluntary
consensus standards in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. (OMB Circular
A–119 at p. 14). This action is not
subject to the requirements of section
12(d) of the NTTAA because application
of those requirements would be
inconsistent with SMCRA.
Paperwork Reduction Act
This rule does not include requests
and requirements of an individual,
partnership, or corporation to obtain
information and report it to a Federal
agency. As this rule does not contain
information collection requirements, a
submission to the Office of Management
and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.)
is not required.
Regulatory Flexibility Act
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
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substantial number of small entities. 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.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule: (a) Does not have an annual
effect on the economy of $100 million;
(b) will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and (c) does not
have significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises. This
determination is based on an analysis of
the corresponding Federal regulations,
which were determined not to
constitute a major rule.
Original amendment
submission date
*
February 20, 2019 ........
Dated: October 17, 2019.
Alfred L. Clayborne,
Regional Director, DOI Unified Regions 3,
4 and 6.
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 in the
table by adding an entry for ‘‘225 ILCS
720/1.06(e); 62 IAC 1701.Appendix A;
1703.10; 1773.15, 1773.25; 1774.13;
1778.9, 1778.13, 1778.14, 1778.15’’ in
chronological order by ‘‘Date of final
publication’’ to read as follows:
■
§ 913.15 Approval of Illinois regulatory
program amendments.
*
*
*
*
*
Editorial note: This document was
received for publication by the Office of the
Federal Register on February 20, 2020.
Citation/description
*
*
*
*
*
*
March 4, 2020 ............. 225 ILCS 720/1.06(e); 62 IAC 1701.Appendix A; 1703.10; 1773.15, 1773.25; 1774.13;
1778.9, 1778.13, 1778.14, 1778.15.
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 948
[SATS No: WV–122–FOR; Docket ID OSM–
2013–0011 S1D1S SS08011000 SX064A000
201S180110 S2D2S SS08011000 SX064A000
20XS501520]
West Virginia Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of
amendments.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are approving amendments to
the West Virginia regulatory program
(the West Virginia program), under the
Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act) that contains both West Virginia
statutory and regulatory revisions. West
Virginia initially submitted an
SUMMARY:
jbell on DSKJLSW7X2PROD with RULES
List of Subjects in 30 CFR Part 913
Intergovernmental relations, Surface
mining, Underground mining.
Date of final
publication
[FR Doc. 2020–03753 Filed 3–3–20; 8:45 am]
VerDate Sep<11>2014
Unfunded Mandates Reform Act
This rule does not impose an
unfunded mandate on State, local, or
Tribal governments, or the private sector
of more than $100 million per year. The
rule does not have a significant or
unique effect on State, local, or Tribal
governments or the private sector. This
determination is based on an analysis of
the corresponding Federal regulations,
which were determined not to impose
an unfunded mandate. Therefore, a
statement containing the information
required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not
required.
12739
15:59 Mar 03, 2020
Jkt 250001
amendment to revise its West Virginia
Surface Coal Mining and Reclamation
Act (WVSCMRA). Senate Bill 462
amends the West Virginia Code to
conform to the State’s requirements for
informal conferences and decisions on
surface coal mining permit applications
with parallel provisions of Federal law.
Committee Substitute for House Bill
2352 amends the West Virginia Code to
provide tax incentives for coal mine
operators who reclaim bond forfeiture
sites. Subsequently, West Virginia
submitted another amendment
consisting of a Special Reclamation Tax
Credit Rule to implement the proposed
statutory revisions providing tax
incentives to coal mine operators to
reclaim bond forfeiture sites.
DATES: This rule is effective April 3,
2020.
Mr.
Ben Owens, Acting Director, Charleston
Field Office, Telephone: (304) 347–
7158. Email: chfo@osmre.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background on the West Virginia Program
II. Submission of the Amendments
III. OSMRE’s Findings
IV. Summary and Disposition of Comments
V. OSMRE’s Decision
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
VI. Statutory and Executive Order Reviews
I. Background on the West Virginia
Program
Section 503(a) of the Act permits a
State to assume primacy for the
regulation of surface coal mining and
reclamation operations on non-Federal
and non-Indian lands within its borders
by demonstrating that its program
includes, among other things, State laws
and regulations that govern surface coal
mining and reclamation operations in
accordance with the Act and consistent
with the implementing Federal
regulations. See 30 U.S.C. 1253(a)(1)
and (7). On the basis of this criteria, the
Secretary of the Interior conditionally
approved the West Virginia program on
January 21, 1981. You can find
background information on the West
Virginia program, including the
Secretary’s findings, the disposition of
comments, and conditions of approval
of the West Virginia program in the
January 21, 1981, Federal Register (46
FR 5915). You can also find later actions
concerning West Virginia’s program and
program amendments at 30 CFR 948.10,
948.12, 948.13, 948.15, and 948.16.
E:\FR\FM\04MRR1.SGM
04MRR1
Agencies
[Federal Register Volume 85, Number 43 (Wednesday, March 4, 2020)]
[Rules and Regulations]
[Pages 12735-12739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03753]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 913
[SATS No. IL-109-FOR; Docket ID: OSM-2019-0003 S1D1S SS08011000
SX064A000 201S180110; S2D2S SS08011000 SX064A000 20XS501520]
Illinois Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Final rule; approval of amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are approving an amendment to the Illinois regulatory program
(Illinois program) under the Surface Mining Control and Reclamation Act
of 1977 (SMCRA or the Act). Illinois proposes revisions to its statute
and regulations, including allowing the extraction of coal as an
incidental part of a government-financed construction project, revising
its Ownership and Control rules, and clarifying land use changes
requiring a significant permit revision. Illinois intends to revise its
program to be as effective as the Federal regulations.
DATES: Effective April 3, 2020.
FOR FURTHER INFORMATION CONTACT: William L. Joseph, Director, Alton
Field Division, Office of Surface Mining Reclamation and Enforcement,
501 Belle Street, Suite 216, Alton, Illinois 62002. Telephone: (618)
463-6460. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Illinois Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decisions
VI. Statutory and Executive Order Reviews
I. Background on the Illinois Program
Section 503(a) of the Act permits a State to assume primacy for the
regulation of surface coal mining and reclamation operations on non-
Federal and non-Indian lands within its borders by demonstrating that
its program includes, among other things, State laws and regulations
that govern surface coal mining and reclamation operations in
accordance with the Act and consistent with the Federal regulations.
See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the
Secretary of the Interior conditionally approved the Illinois program
effective June 1, 1982. You can find background information on the
Illinois program, including the Secretary's findings, the disposition
of comments, and the conditions of approval of the Illinois program in
the June 1, 1982, Federal Register (47 FR 23858). In the September 6,
1989, Federal Register, (54 FR 36963), the Secretary of the Interior
announced that the Illinois program was fully approved effective on
that date. You can also find later actions concerning the Illinois
program and program amendments at 30 CFR 913.10, 913.15, and 913.17.
II. Submission of the Amendment
By letter dated December 5, 2018 (Administrative Record No. IL-
5100), Illinois sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.) at its own initiative. By email dated December 11,
2018, Illinois requested that OSMRE's review be put on hold until it
could resubmit the proposed amendment due to editorial changes
requested by the Illinois Joint Committee on Administrative Rules.
Illinois resubmitted the proposed amendment to OSMRE on February 20,
2019 (Administrative Record No. IL-5112). We used the amendment
submitted on February 20, 2019, for our review.
We announced the receipt of the proposed amendment in the May 1,
2019, Federal Register (84 FR 18428). In the same document, we opened
the public comment period and provided an opportunity for a public
hearing or meeting on the adequacy of the amendment. The public comment
period ended on May 31, 2019. At the request of three Illinois
citizens' organizations, we reopened the public comment period in the
June 10, 2019, Federal Register (84 FR 26802) and provided another
opportunity for a public hearing or meeting on the adequacy of the
amendment. The public comment period ended on June 24, 2019. We did not
hold a public hearing or meeting because one was not requested. We
received three public comments that are addressed in the Public
Comments section of part IV, Summary and Disposition of Comments,
below.
III. OSMRE's Findings
We are approving the amendment as described below. The following
are findings we made concerning Illinois' amendment under SMCRA and the
Federal regulations at 30 CFR 732.15 and 732.17. Any revisions that we
do not specifically discuss below concerning non-substantive wording or
editorial changes can be found in the full text of the program
amendment available at www.regulations.gov.
A. Illinois Surface Coal Mining Land Conservation and Reclamation Act
(225 ILCS 720)--Section 1.06. Scope of the Act
Illinois proposes to revise the Illinois Surface Coal Mining Land
Conservation and Reclamation Act (ISCMLCRA) (225 ILCS 720), section
1.06, ``Scope of the Act,'' by adding language allowing coal extraction
as an incidental part of a government-financed project. The language
added is nearly identical to that found in section 528 of SMCRA (30
U.S.C. 1278).
Illinois' proposed amendment to the Illinois Compiled Statutes
Annotated is no less stringent than section 528 of SMCRA (30 U.S.C.
1278). Therefore, we are approving Illinois' revision of the scope of
the ISCMLCRA.
Illinois also proposes to revise several Parts of Title 62 of the
Illinois Administrative Code, discussed below.
[[Page 12736]]
B. Section 1701, Appendix A. Definitions
In addition to minor, non-substantive grammatical and punctuation
changes, Illinois proposes to revise its regulation at section 1701,
Appendix A, by amending or adding definitions, including, ``control,''
``extraction,'' ``government financing agency,'' ``government-financed
construction,'' ``knowing,'' ``own, owner or ownership,''
``violation,'' ``violation notice'' and ``willful or willfully These
definitions substantively mirror the Federal definitions at 30 CFR
701.5 and 707.5.
Illinois also proposes to revise the definition of ``permit area.''
Illinois' proposed definition is substantively the same as the Federal
definition found at 30 CFR 701.5, with one exception. Specifically,
Illinois proposes to include the statement that, ``the permit area
excludes the area defined in this Part as the shadow area.'' The
Illinois program defines ``shadow area'' as, ``any area beyond the
limits of the permit area in which underground workings are located.
This area includes all resources above and below the coal that are
protected by the State Act that may be adversely impacted by
underground mining operations including impacts of subsidence.'' Shadow
area relates to underground mine workings. Section 516 of SMCRA
specifically requires the Secretary ``to accommodate the distinct
difference between surface and underground mining.'' 30 U.S.C. 1266.
While there is no statutory or regulatory Federal counterpart
definition of ``shadow area,'' OSMRE finds that Illinois' distinction
between the two terms is consistent with SMCRA. Moreover, we have
previously approved Illinois' treatment of shadow area as distinct from
the permit area and approved the definition of shadow area within the
Illinois program. For example, in the October 25, 1988, Federal
Register (53 FR 43112), in response to commenters, we stated, ``OSMRE
has previously determined that the definition of permit area does not
include surface areas above underground workings, which in Illinois is
defined as the shadow area.'' Based on our comparison to the Illinois
program and the Federal regulations we find that the definition of
``permit area'' including the additional sentence unique to the
Illinois program is no less effective than the Federal definition at 30
CFR 701.5. Therefore, we are also approving Illinois' proposed
amendment to the definition of ``permit area.''
C. Part 1703 Exemption for Coal Extraction Incident to Government-
Financed Highway or Other Construction
Illinois proposes adding a new section 1703 to allow the extraction
of coal as an incidental part of a government-financed construction
project, which incorporates language identical to the Federal
regulations at 30 CFR part 707.
We find that Illinois' proposed amendment does not make its statute
or regulations neither less stringent than nor less effective than the
Federal regulations found at 30 CFR part 707. Therefore, we are
approving Illinois' revision.
D. Part 1773 Requirements for Permits and Permit Processing
Illinois proposes to amend section 1773.15, ``Review of Permit
Applications'' to comport with changes made to the Federal regulations
at 30 CFR 773.12 as a result of a Federal rulemaking related to
ownership and control. 72 FR 68000 (Dec. 3, 2007). Within the 2007
rulemaking, among other changes, OSMRE removed reference to ``control''
within the definition of own, owner, or ownership and with respect to
ownership; limited the ability of regulatory authorities to look one
level down from the applicant when making a permit eligibility
determination; and confirmed that each State, ``when it processes a
permit application, must apply its own ownership and control rules to
determine whether the applicant owns or controls any surface coal
mining operations with violations.'' 72 FR 68012. Illinois proposes to
prevent the Illinois Department of Natural Resources (DNR) from
considering violations upstream of the permit applicant by removing
``person who owns or controls the applicant'' from this section. We
find this to be consistent with the 2007 Federal rulemaking and Nat'l
Mining Ass'n v. Dep't. of the Interior, 105 F.3d 691, 694 (D.C. Cir.
1997), holding that we cannot deny permits based on violations at
operations owned or controlled by the applicant's owners or
controllers.
Illinois also proposes to amend section 1773.25, ``Standards for
Challenging Ownership or Control Links and the Status Violations,'' to
update a subsection reference.
We find that Illinois' proposed amendments do not make its statutes
or regulations neither less stringent than nor less effective than the
Federal regulations found at 30 CFR 773.12. Therefore, we are approving
Illinois' revisions.
E. Section 1774 Permit Revisions
Illinois proposes to amend section 1774.13, ``Permit Revisions,''
to provide further clarification as to which reclamation plan land use
changes require a significant revision for a permit application.
Illinois proposes to remove the requirement for a significant revision
for land use changes involving greater than five percent of the total
permit acreage after finding the five percent limitation to be unduly
restrictive and burdensome. Instead, DNR will consider changes in the
reclamation plan for postmining land use in determining whether a
significant revision to the permit must be obtained. Therefore, should
a proposed change to the reclamation plan include a land use change
from cropland, pastureland, grazing land, forestry, or fish and
wildlife habitat to residential, industrial/commercial, recreation, or
developed water resources that meet the size criteria of 30 CFR
77.216(a), then a significant revision of the permit must be obtained.
Illinois proposes to deem such land use changes as significant permit
revisions to ensure protections for conversion from the most common
land uses to uses that would have minimal vegetation or pose potential
safety concerns receive additional agency approvals. Illinois is
establishing these guidelines to ensure the requirements of 30 CFR
774.13(b)(2) are satisfied. Section 511(a)(2) of SMCRA (30 U.S.C.
1261(a)(2)) and the Federal regulations at 30 CFR 774.13(b) require the
regulatory authority to establish guidelines for the scale or extent of
revisions for which all the permit application requirements will apply.
OSMRE determined in the September 28, 1983, Federal Register (48 FR
44344) that this requirement provided flexibility to the regulatory
authority to establish guidelines suitable to the operation of
individual State programs. We find that Illinois' proposed amendment to
be no less effective than the Federal regulations found at 30 CFR
774.13. Therefore, we are approving Illinois' proposed amendment about
certain land use changes qualified as significant revisions.
F. Section 1778 Permit Applications--Minimum Requirements for Legal,
Financial, Compliance, and Related Information
Illinois proposes adding a new section 1778.9, ``Certifying and
Updating Existing Permit Application Information,'' which incorporates
language identical to the Federal regulations at 30 CFR 778.9.
[[Page 12737]]
Illinois proposes to amend section 1778.13, ``Identification of
Interests,'' to ensure all elements of the Federal regulations at 30
CFR 778.11 and 778.12 are incorporated into the Illinois regulations
and to be consistent with changes made to the Federal regulations as a
result of the Federal rulemaking published on December 3, 2007. (72 FR
68000).
Illinois proposes to amend section 1778.14, ``Violation
Information,'' by adding language to mirror the Federal regulations at
30 CFR 778.14.
Illinois proposes to amend section 1778.15, ``Right of Entry
Information,'' to add language found in the Federal regulations at 30
CFR 778.13 related to property interest information to the existing
right of entry language in this section, which corresponds to 30 CFR
778.15, so that all property-related rules are located in one section.
We find that Illinois' proposed amendments to the Illinois Code are
no less effective than the Federal regulations found at 30 CFR part
1778. Therefore, we are approving Illinois' revisions.
IV. Summary and Disposition of Comments
Public Comments
We asked for public comments on the amendment. As noted in Section
II, Submission of the Amendment, above, the original comment period
ended May 31, 2019. We did not receive comments on the proposed
amendment during that period, but we received requests from three
Illinois citizens' organizations to reopen the comment period to give
the public more time to review the proposed amendment and provide
comments. The comment period was reopened June 10, 2019, and ended June
24, 2019. We received three comments during this period from the
Illinois Chapter Sierra Club, the Citizens Against Longwall Mining, and
Stand Up To Coal.
Two commenters mentioned the ``Banner Rules,'' which refers to the
Banner Agreed Order between the Illinois Attorney General and the
Illinois Department of Natural Resources that outlines coal mine
permitting process reforms stemming from the Banner Mine settlement. We
did not take any action based on this comment. Any changes identified
within the Banner Rules were not part of this proposed amendment from
Illinois and, therefore, are outside the scope of this review. Further,
the Banner Agreed Order is a state-mandated order, which both
commenters have acknowledged, and as such, we have no jurisdiction to
require such changes. When Illinois proposes to make the changes
identified in the Banner Rules, that proposed amendment will be
evaluated at that time to determine if the changes would render the
Illinois program less effective than the Federal regulations.
Another commenter requested that OSMRE make a renewed effort to
require ``upstream,'' full historic and complete ownership and control
information supplied as part of a permit issuance. The commenter
contends that this information is essential for citizens in Illinois.
We did not take any action based on this comment. In the submitted
comment, the commenter acknowledged that there are no major differences
in the proposed amendment and the current Federal regulations. In the
Findings section above, we confirmed that the changes proposed by
Illinois conform to the requirements of SMCRA and the Federal
regulations, and as such, do not make the Illinois program less
effective than the Federal regulations.
Two comments were received regarding the proposed change to section
1774, Permit Revisions, in which Illinois proposes to remove the
requirement for a significant revision for land use changes involving
greater than five percent of the total permit acreage after finding the
five percent limitation to be unduly restrictive and burdensome. The
commenters asked that we not approve this change and require Illinois
to keep the current five percent standard for a significant revision.
We did not concur with this comment as explained in the Findings
section above.
Finally, one commenter addressed section 1778 of the proposed
amendment. The commenter expressed concerns that the many layers to
mining corporations present significant challenges for the public to be
able to ascertain if a mining permittee has past mining violations that
would affect the issuance of a permit. We did not take any action based
on this comment. In the submitted comment, the commenter acknowledged
that the Illinois proposed changes are an update to wording to comport
with the current Federal regulations. In the Findings section above, we
confirmed that the changes proposed by Illinois conform to the
requirements of SMCRA and the Federal regulations, and as such, do not
make the Illinois program less effective than the Federal regulations.
These comments are available in their entirety at
www.regulations.gov.
Federal Agency Comments
On February 21, 2019, pursuant to 30 CFR 732.17(h)(11)(i) and
section 503(b) of SMCRA (30 U.S.C. 1253(b)), we requested comments on
the amendment from various Federal agencies with an actual or potential
interest in the Illinois program (Administrative Record No. IL-5113).
We did not receive any comments.
Environmental Protection Agency (EPA) Concurrence and Comments
Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
concurrence from EPA for those provisions of the program amendment that
relate to air or water quality standards issued 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, we did not ask EPA to concur on the amendment. However, on
February 21, 2019, under 30 CFR 732.17(h)(11)(i), we requested comments
from the EPA on the amendment (Administrative Record No. IL-5113). The
EPA did not respond to our request.
State Historical Preservation Officer (SHPO) and the Advisory Council
on Historic Preservation (ACHP)
Under 30 CFR 732.17(h)(4), we are required to request comments from
the SHPO and ACHP on amendments that may have an effect on historic
properties. On February 21, 2019, we requested comments on the
amendment (Administrative Record No. IL-5113). We did not receive any
comments.
V. OSMRE's Decision
Based on the above finding, we are approving the Illinois amendment
that was submitted on February 20, 2019 (Administrative Record No. IL-
5112).
To implement this decision, we are amending the Federal regulations
at 30 CFR part 913, which codify decisions concerning the Illinois
program. In accordance with the Administrative Procedure Act (5 U.S.C.
553), this rule will take effect 30 days after the date of publication.
Section 503(a) of SMCRA (30 U.S.C. 1253(a)) requires that the State's
program must demonstrate that the State has the capability of carrying
out the provisions of the Act and meeting its purposes. SMCRA requires
consistency of State and Federal standards.
[[Page 12738]]
VI. Statutory and Executive Order Reviews
Executive Order 12630--Governmental Actions and Interference With
Constitutionally Protected Property Rights
This rule would not affect a taking of private property or
otherwise have taking implications that would result in public property
being taken for government use without just compensation under the law.
Therefore, a takings implication assessment is not required. This
determination is based on an analysis of the corresponding Federal
regulations.
Executive Orders 12866--Regulatory Planning and Review and 13563--
Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance, dated October
12, 1993, the approval of State program amendments is exempted from OMB
review under Executive Order 12866. Executive Order 13563, which
reaffirms and supplements Executive Order 12866, retains this
exemption.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has reviewed this rule as required
by section 3(a) of Executive Order 12988. The Department has determined
that this Federal Register notification meets the criteria of section 3
of Executive Order 12988, which is intended to ensure that the agency
review its legislation and regulations to minimize litigation; and that
the agency's legislation and regulations provide a clear legal standard
for affected conduct, rather than a general standard, and promote
simplification and burden reduction. Because section 3 focuses on the
quality of Federal legislation and regulations, the Department limited
its review under this Executive order to the quality of this Federal
Register notification and to changes to the Federal regulations. The
review under this Executive order did not extend to the language of the
State regulatory program or to the program amendment that Illinois
drafted.
Executive Order 13771--Reducing Regulation and Controlling Regulatory
Costs
State program amendments are not regulatory actions under Executive
Order 13771 because they are exempt from review under Executive Order
12866.
Executive Order 13132--Federalism
This rule is not a ``[p]olicy that [has] Federalism implications''
as defined by section 1(a) of Executive Order 13132 because it does not
have ``substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
Instead, this rule approves an amendment to the Illinois program
submitted and drafted by that State. OSMRE reviewed the submission with
fundamental federalism principles in mind as set forth in sections 2
and 3 of the Executive order and with the principles of cooperative
federalism as set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As
such, pursuant to section 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) and
(7)), OSMRE reviewed the program amendment to ensure that it is ``in
accordance with'' the requirements of SMCRA and ``consistent with'' the
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of the Interior strives to strengthen its
government-to-government relationship with Tribes through a commitment
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under
the Department's consultation policy and under the criteria in
Executive Order 13175, and have determined that it has no substantial
direct effects on federally recognized Tribes or on the distribution of
power and responsibilities between the Federal Government and Tribes.
Therefore, consultation under the Department's tribal consultation
policy is not required. The basis for this determination is that our
decision is on the Illinois program, which does not include Tribal
lands or regulation of activities on Tribal lands. Tribal lands are
regulated independently under the applicable, approved Federal program.
Executive Order 13211--Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211 requires agencies to prepare a Statement of
Energy Effects for a rulemaking that is (1) considered significant
under Executive Order 12866, and (2) likely to have a significant
adverse effect on the supply, distribution, or use of energy. Because
this rule is exempt from review under Executive Order 12866 and is not
a significant energy action under the definition in Executive Order
13211, a Statement of Energy Effects is not required.
Executive Order 13045--Protection of Children From Environmental Health
Risks and Safety Risks
This rule is not subject to Executive Order 13045 because this is
not an economically significant regulatory action as defined by
Executive Order 12866; and this action does not address environmental
health or safety risks disproportionately affecting children.
National Environmental Policy Act
Consistent with sections 501(a) and 702(d) of SMCRA (30 U.S.C.
1251(a) and 1292(d), respectively) and the U.S. Department of the
Interior Departmental Manual, Part 516, section 13.5(A), State program
amendments are not major Federal actions within the meaning of section
102(2)(C) of the National Environmental Policy Act (42 U.S.C.
4332(2)(C)).
National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. (OMB
Circular A-119 at p. 14). This action is not subject to the
requirements of section 12(d) of the NTTAA because application of those
requirements would be inconsistent with SMCRA.
Paperwork Reduction Act
This rule does not include requests and requirements of an
individual, partnership, or corporation to obtain information and
report it to a Federal agency. As this rule does not contain
information collection requirements, a submission to the Office of
Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501
et seq.) is not required.
Regulatory Flexibility Act
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
[[Page 12739]]
substantial number of small entities. 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
have an annual effect on the economy of $100 million; (b) will not
cause a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and (c) does not have significant adverse effects on
competition, employment, investment, productivity, innovation, or the
ability of U.S.-based enterprises to compete with foreign-based
enterprises. This determination is based on an analysis of the
corresponding Federal regulations, which were determined not to
constitute a major rule.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local, or
Tribal governments, or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local, or Tribal governments or the private sector. This determination
is based on an analysis of the corresponding Federal regulations, which
were determined not to impose an unfunded mandate. Therefore, a
statement containing the information required by the Unfunded Mandates
Reform Act (2 U.S.C. 1531 et seq.) is not required.
List of Subjects in 30 CFR Part 913
Intergovernmental relations, Surface mining, Underground mining.
Dated: October 17, 2019.
Alfred L. Clayborne,
Regional Director, DOI Unified Regions 3, 4 and 6.
Editorial note: This document was received for publication by
the Office of the Federal Register on February 20, 2020.
For the reasons set out in the preamble, 30 CFR part 913 is amended
as set forth below:
PART 913--ILLINOIS
0
1. The authority citation for part 913 continues to read as follows:
Authority: 30 U.S.C. 1201 et seq.
0
2. Section 913.15 is amended in the table by adding an entry for ``225
ILCS 720/1.06(e); 62 IAC 1701.Appendix A; 1703.10; 1773.15, 1773.25;
1774.13; 1778.9, 1778.13, 1778.14, 1778.15'' in chronological order by
``Date of final publication'' to read as follows:
Sec. 913.15 Approval of Illinois regulatory program amendments.
* * * * *
------------------------------------------------------------------------
Original amendment submission Date of final
date publication Citation/description
------------------------------------------------------------------------
* * * * * * *
February 20, 2019............ March 4, 2020.... 225 ILCS 720/1.06(e);
62 IAC 1701.Appendix
A; 1703.10; 1773.15,
1773.25; 1774.13;
1778.9, 1778.13,
1778.14, 1778.15.
------------------------------------------------------------------------
[FR Doc. 2020-03753 Filed 3-3-20; 8:45 am]
BILLING CODE 4310-05-P