Illinois Regulatory Program
| Published date | 10 June 2019 |
| Citation | 84 FR 26802 |
| Record Number | 2019-12084 |
| Section | Proposed rules |
| Court | Surface Mining Reclamation And Enforcement Office |
26802
Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Proposed Rules
and implemented, the comprehensive
support and improvement plan will be
monitored and periodically reviewed by
the BIE.
(b) In regards to high schools that
have been identified as having failed to
graduate one-third or more of their
students, the BIE may:
(1) Permit differentiated improvement
activities that use evidence-based
interventions in the case of a school that
predominantly serves students:
(i) Returning to education after having
exited secondary school without a
regular high school diploma, or
(ii) Who, based on their grade or age,
are significantly off track to accumulate
sufficient academic credits to meet high
school graduation requirements; and
(2) In the case of a school that has a
total enrollment of fewer than 100
students, permit the BIE-funded school
to forego implementation of
improvement activities.
§ 30.122 How will the Secretary implement
targeted support and improvement?
(a) Using the system of annual
meaningful differentiation of schools,
the Secretary will notify each BIE-
funded school in which any subgroup of
students is consistently
underperforming.
(b) Each school that has been notified
must develop and implement, in
partnership with stakeholders
(including principals and other school
leaders, teachers, and parents), a school-
level targeted support and improvement
plan to improve student outcomes based
on the BIE’s indicators for each
subgroup of students that was the
subject of such notification consistent
with the Act. Targeted support and
improvement plans must include
evidence-based interventions, will be
approved by the BIE prior to
implementation, and will be monitored
by the BIE upon submission and
implementation. Targeted support and
improvement plans must result in
additional action following
unsuccessful implementation of the
plan after a number of years as
determined by the BIE.
§ 30.123 How will the Secretary implement
additional targeted support?
Where a school would be identified
for comprehensive support and
improvement because, for any subgroup,
it is within the lowest-performing five
(5) percent of all schools in the BIE
system using the BIE’s system of annual
meaningful differentiation of schools, a
school-level targeted support and
improvement plan must also identify
resource inequities (which may include
a review of BIE-funded school level
budgeting), to be addressed through
implementation of the plan.
§ 30.124 How will the Secretary implement
continued support for Bureau-funded
schools and school improvement?
(a) The Secretary will establish exit
criteria for:
(1) Schools identified for
comprehensive support and
improvement, which, if not satisfied
within a BIE-determined number of
years (not to exceed four (4) years), will
result in more rigorous BIE-determined
action, such as implementation of
interventions (which may include
addressing school-level operations); and
(2) Schools identified for additional
targeted support.
(b) The Secretary will also
periodically review resource allocation
to support school improvement.
Subpart D—Responsibilities and
Accountability
§ 30.125 What is required for the Bureau to
meet its reporting responsibilities?
The Bureau is required to prepare and
disseminate widely to the public an
annual report card for the BIE-funded
school system as a whole, and also
report cards for individual BIE-funded
schools, consistent with the
requirements of section 1111(h) of the
Act. The BIE’s annual report card will
be made available on the internet along
with all BIE-funded school report cards.
§ 30.126 What information collections
have been approved?
The collections of information in this
part have been approved by the Office
of Management and Budget under 44
U.S.C. 3501 et seq. and assigned OMB
Control Number 1076–NEW. Response
is required to obtain a benefit. A Federal
agency may not conduct or sponsor, and
you are not required to respond to, a
collection of information unless it
displays a currently valid OMB Control
Number.
Dated: May 31, 2019.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
[FR Doc. 2019–12096 Filed 6–7–19; 8:45 am]
BILLING CODE 4337–15–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
190S180110; S2D2S SS08011000
SX064A000 19XS501520]
Illinois Regulatory Program
AGENCY
: Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION
: Proposed rule; reopening of the
public comment period and opportunity
for public hearing on proposed
amendment.
SUMMARY
: We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are reopening the public
comment period and providing an
opportunity for a public hearing on a
proposed amendment to the Illinois
regulatory program (Illinois program)
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act) published on May 1, 2019. The
public comment period is being
reopened and an opportunity for a
public hearing is being provided at the
request of three Illinois citizen’s
organizations. The granting of this
request affords the public additional
time to provide written comment and
the opportunity to request to speak at a
public hearing.
Illinois proposes revisions to its
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.
This document gives the times and
locations where the Illinois program
documents and this proposed
amendment to that program are
available for your inspection,
establishes the new comment period
during which you may submit written
comments on the amendment, and
describes the procedures that we will
follow for the public hearing, if one is
requested.
DATES
: We will accept written
comments on this amendment until 4:00
p.m., CDT, June 24, 2019. We will hold
a public hearing on the amendment at
5:30 p.m. on June 18, 2019 at our office
location listed in
ADDRESSES
. We will
accept requests to speak at a hearing
until 4:00 p.m., CDT on June 13, 2019.
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Federal Register / Vol. 84, No. 111 / Monday, June 10, 2019 / Proposed Rules
ADDRESSES
: You may submit comments,
identified by SATS No. IL–109–FOR, by
any of the following methods:
•Mail/Hand Delivery: Joy
Schieferstein, Acting Chief, Alton Field
Division, Office of Surface Mining
Reclamation and Enforcement, 501 Belle
Street, Suite 216, Alton, Illinois 62002–
6169.
•Fax: (618) 463–6470.
•Federal eRulemaking Portal: The
amendment has been assigned Docket
ID OSM–2019–0003. If you would like
to submit comments go to http://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the
SUPPLEMENTARY INFORMATION
section of the proposed rule published
on May 1, 2019 (84 FR 18428).
Docket: For access to the docket to
review copies of the Illinois program,
this amendment, a listing of any
scheduled public hearings, and all
written comments received in response
to this document, you must go to the
address listed below during normal
business hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendment by
contacting OSMRE’s Alton Field
Division, or the full text of the program
amendment is available for you to
review at www.regulations.gov. Joy
Schieferstein, Acting Chief, Alton Field
Division, Office of Surface Mining
Reclamation and Enforcement, 501 Belle
Street, Suite 216, Alton, Illinois 62002–
6169, Telephone: (618) 463–6460,
Email: jschieferstein@osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location: Office of
Mines and Minerals, Illinois Department
of Natural Resources, One Natural
Resources Way, Springfield, IL 62702–
1271, Telephone: (618) 439–9111.
FOR FURTHER INFORMATION CONTACT
: Joy
Schieferstein, Acting Chief, Alton Field
Division. Telephone: (618) 463–6460,
Email: jschieferstein@osmre.gov.
SUPPLEMENTARY INFORMATION
: On May 1,
2019 (84 FR 18428), we published a
proposed rule that would revise the
Illinois program. 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 they 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. OSMRE will use this date for its
review. Below is a summary of the
changes proposed by Illinois. The full
text of the program amendment is
available for you to read at the locations
listed above under
ADDRESSES
.
Illinois proposes to revise the Illinois
Surface Coal Mining Land Conservation
and Reclamation Act (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 also proposes to revise the
following Parts of Title 62 of the Illinois
Administrative Code:
Section 1701 Appendix A. Definitions
Illinois proposes to revise its
regulation at section 1701 Appendix A,
amending a number of its definitions,
including those for ‘‘ownership,’’
‘‘control,’’ and ‘‘violations,’’ to conform
with the Federal definitions at 30 CFR
701.5 and 707.5.
Section 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.
Section 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. These changes preclude the
Department from considering violations
upstream of the permit applicant by
removing ‘‘person who owns or controls
the applicant’’ from this section.
Illinois also proposes to amend
section 1773.25, ‘‘Standards for
Challenging Ownership or Control Links
and the Status Violations,’’ to update a
subsection reference.
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, the
Department will consider changes in the
reclamation plan for post-mining land
use in determining whether a significant
revision to the permit must be obtained.
These changes are proposed in order to
make the Illinois rules as effective as the
Federal regulations at 30 CFR 774.13.
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.
Illinois proposes to amend section
1778.13, ‘‘Identification of Interests,’’ to
comport with changes made to the
Federal regulations at 30 CFR 778.11
and 778.12.
Illinois proposes to amend section
1778.14, ‘‘Violation Information,’’ to
comport with changes made to 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.
During the initial comment period, we
received requests from three citizen’s
organizations (Administrative Record
No. IL–5104, IL–5106 and IL–5108) to
extend the public comment period and
the date to request to testify at a public
hearing. Based on that request, we have
extended both time periods as described
in
DATES
in this notice.
Public Hearing
The hearing will be open to anyone
who would like to attend and/or testify.
The primary purpose of the public
hearing is to obtain your comments on
the proposed rule so that we can
prepare a complete and objective
analysis of the proposal. The purpose of
the hearing officer is to conduct the
hearing and receive the comments
submitted. Comments submitted during
the hearing will be responded to in the
preamble to the final rule, not at the
hearing. If you wish to speak at the
public hearing, contact the person listed
under
FOR FURTHER INFORMATION
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CONTACT
by 4:00 p.m., CDT on June 13,
2019. If you are disabled and need
reasonable accommodations to attend a
public hearing, contact the person listed
under
FOR FURTHER INFORMATION
CONTACT
. The location of the hearing is
our office, listed under
ADDRESSES
above. Those persons requesting to
speak will need to register at our office
between 5:00 and 5:30 p.m., CDT.
At the hearing, a court report will
record and make a written record of the
statements presented. This written
record will be made part of the
administrative record for the rule. To
assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue until everyone
scheduled to speak has been given an
opportunity to be heard. If you are in
the audience and have not been
scheduled to speak and wish to do so,
you will be allowed to speak after those
who have been scheduled. We will end
the hearing after everyone scheduled to
speak and others present in the
audience who wish to speak, have been
heard. We appreciate all comments but
those most useful and likely to
influence decisions on the final rule
will be those that either involve
personal experience or include citations
to, and analyses of SMCRA, its
legislative history, its implementing
regulations, case law, other State or
Federal laws and regulations, data,
technical literature, or relevant
publications.
List of Subjects in 30 CFR Part 913
Intergovernmental relations, Surface
mining, Underground mining.
Dated: May 21, 2019.
Alfred L. Clayborne,
Regional Director, Mid-Continent Region.
[FR Doc. 2019–12084 Filed 6–7–19; 8:45 am]
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0105; FRL–994–97–
Region 9]
Air Plan Approval; Arizona; Maricopa
County Air Quality Department
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Proposed rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Maricopa County Air
Quality Department (MCAQD) portion
of the Arizona State Implementation
Plan (SIP). These revisions concern
emissions of volatile organic
compounds (VOCs) from graphic arts
and from coating of wood furniture and
fixtures. We are proposing to approve
two local rules to regulate these
emission sources under the Clean Air
Act (CAA or the Act). We are taking
comments on this proposal and plan to
follow with a final action.
DATES
: Any comments must arrive by
July 10, 2019.
ADDRESSES
: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2019–0105 at https://
www.regulations.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the
FOR
FURTHER INFORMATION CONTACT
section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT
:
Nicole Law or Robert Schwartz, EPA
Region IX, 75 Hawthorne Street, San
Francisco, CA 94105, (415) 947–4126 or
(415) 972–3286, law.nicole@epa.gov or
schwartz.robert@epa.gov.
SUPPLEMENTARY INFORMATION
:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rule revisions?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. The EPA’s Recommendations To Further
Improve the Rules
D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What rules did the State submit?
Table 1 lists the rules addressed by
this proposal with the dates that they
were adopted by the local air agency
and submitted by the Arizona
Department of Environmental Quality.
T
ABLE
1—S
UBMITTED
R
ULES
Local agency Rule No. Rule title Adopted/
amended/
revised Submitted
MCAQD .................. 337 ......................... Graphic Arts .................................................................................... 08/17/2011 01/15/2014
MCAQD .................. 342 ......................... Coating Wood Furniture and Fixtures ............................................ 11/02/2016 06/22/2017
On March 5, 2014, the EPA
determined that the submittal for
MCAQD Rule 337 met the completeness
criteria in 40 CFR part 51 Appendix V,
which must be met before formal EPA
review.
On December 22, 2017, the submittal
for MCAQD Rule 342 was deemed by
operation of law to meet the
completeness criteria in 40 CFR part 51
Appendix V, which must be met before
formal EPA review.
B. Are there other versions of these
rules?
We approved earlier versions of Rule
337 and Rule 342 into the SIP on
February 9, 1998 (63 FR 6489). The
MCAQD adopted revisions to the SIP-
approved version of Rule 337 on August
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