Illinois Regulatory Program, 12735-12739 [2020-03753]

Download as PDF 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 jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:59 Mar 03, 2020 Jkt 250001 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. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 12735 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. E:\FR\FM\04MRR1.SGM 04MRR1 12736 Federal Register / Vol. 85, No. 43 / Wednesday, March 4, 2020 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES 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.’’ VerDate Sep<11>2014 15:59 Mar 03, 2020 Jkt 250001 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. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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. E:\FR\FM\04MRR1.SGM 04MRR1 Federal Register / Vol. 85, No. 43 / Wednesday, March 4, 2020 / Rules and Regulations 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 jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 15:59 Mar 03, 2020 Jkt 250001 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. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 12737 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. E:\FR\FM\04MRR1.SGM 04MRR1 12738 Federal Register / Vol. 85, No. 43 / Wednesday, March 4, 2020 / Rules and Regulations 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. jbell on DSKJLSW7X2PROD with RULES 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. VerDate Sep<11>2014 15:59 Mar 03, 2020 Jkt 250001 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 E:\FR\FM\04MRR1.SGM 04MRR1 Federal Register / Vol. 85, No. 43 / Wednesday, March 4, 2020 / Rules and Regulations 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]


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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.

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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


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