Proposed Rule2023-10492
Montana Regulatory Program
Primary source
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Published
May 23, 2023
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Montana regulatory program (hereinafter, the Montana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). During the 2019 legislative session, Montana updated its Montana Strip and Underground Mine Reclamation Act and Montana Code Annotated. Accordingly, Montana submitted this proposed amendment to OSMRE on its own initiative. The proposed amendment requires a permit applicant's compliance information to be updated and approved if a bankruptcy or reorganization results in a change of ownership for the applicant. Furthermore, the proposed amendment requires permit owners to provide financial assurance for employee pensions. Lastly, Montana proposes a typographical correction. This document gives the times and locations that the Montana program and this proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the amendment, and the procedures that we will follow for the public hearing, if one is requested.
Full Text
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<title>Federal Register, Volume 88 Issue 99 (Tuesday, May 23, 2023)</title>
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[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Proposed Rules]
[Pages 33018-33020]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10492]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No. MT-040-FOR; Docket ID: OSM-2023-0001; S1D1S SS08011000
SX064A000 231S180110; S2D2S SS08011000 SX064A000 23XS501520]
Montana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed amendment to the Montana
regulatory program (hereinafter, the Montana program) under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). During
the 2019 legislative session, Montana updated its Montana Strip and
Underground Mine Reclamation Act and Montana Code Annotated.
Accordingly, Montana submitted this proposed amendment to OSMRE on its
own initiative. The proposed amendment requires a permit applicant's
compliance information to be updated and approved if a bankruptcy or
reorganization results in a change of ownership for the applicant.
Furthermore, the proposed amendment requires permit owners to provide
financial assurance for employee pensions. Lastly, Montana proposes a
typographical correction.
This document gives the times and locations that the Montana
program and this proposed amendment to that program are available for
your inspection, the comment period during which you may submit written
comments on the amendment, and 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., Mountain Daylight Time (MDT), June 22, 2023. If requested, we may
hold a public hearing or meeting on the amendment on June 20, 2023. We
will accept requests to speak at a hearing until 4:00 p.m., MDT on June
7, 2023.
ADDRESSES: You may submit comments, identified by SATS No. MT-040-FOR,
by any of the following methods:
<bullet> Mail/Hand Delivery: OSMRE, Attn: Jeffrey Fleischman, P.O.
Box 11018, 100 East B Street, Room 4100, Casper, Wyoming 82602.
<bullet> Fax: (307) 261-6552.
<bullet> Federal eRulemaking Portal: The amendment has been
assigned Docket ID: OSM-2023-0001. If you would like to submit
comments, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. 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 this document.
Docket: For access to the docket to review copies of the Montana
program, this amendment, a listing of any scheduled public hearings or
meetings, 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 Casper
Field Office or the full text of the program amendment is available for
you to read at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Attn: Jeffrey Fleischman, Field Office Director, Office of Surface
Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming
8260 Telephone: (307) 261-6550, Email: <a href="/cdn-cgi/l/email-protection#a3c9c5cfc6cad0c0cbcec2cde3ccd0ced1c68dc4ccd5"><span class="__cf_email__" data-cfemail="9af0fcf6fff3e9f9f2f7fbf4daf5e9f7e8ffb4fdf5ec">[email protected]</span></a>.
[[Page 33019]]
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Attn: Dan Walsh, Mining Bureau Chief, Coal and Opencut Mining
Bureau, Department of Environmental Quality, P.O. Box 200901, Helena,
MT 59601-0901, Telephone: (406) 444-6791, Email: <a href="/cdn-cgi/l/email-protection#dbbfacbab7a8b39bb6aff5bcb4ad"><span class="__cf_email__" data-cfemail="1470637578677c5479603a737b62">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Attn: Jeffrey Fleischman, Field Office
Director, Office of Surface Mining Reclamation and Enforcement, 100
East B Street, Casper, Wyoming 82602, Telephone: (307) 261-6550, Email:
<a href="/cdn-cgi/l/email-protection#4d272b2128243e2e25202c230d223e203f28632a223b"><span class="__cf_email__" data-cfemail="177d717b727e64747f7a76795778647a657239707861">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background on the Montana Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Statutory and Executive Order Reviews
I. Background on the Montana Program
Subject to OSMRE's oversight, 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 approved, State 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
approved the Montana program on October 24, 1980. You can find
background information on the Montana program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Montana program a in the October 24, 1980, Federal
Register (45 FR 70445). You can also find later actions concerning the
Montana program and program amendments at 30 CFR 926.25.
II. Description of the Proposed Amendment
By letter dated February 16, 2023 (Administrative Record No. MT-
040-01), Montana sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.). We found Montana's proposed amendment to be
administratively complete on February 17, 2023. Montana submitted the
proposed amendment to us, on its own volition, following changes to its
statutes in 2019. During the 2019 legislative session, the Montana
legislature passed Senate Bill 201 (SB 201). SB 201 updated the Montana
Strip and Underground Mine Reclamation Act and Sec. 82-4-222, Montana
Code Annotated (MCA).
Montana first proposes to add language, at MCA 82-4-222(1)(g)(i),
that would require an applicant for a permit to update their ownership
or compliance history with the Montana Department of Environmental
Quality (DEQ) if bankruptcy or reorganization results in changes to
ownership parties specified in this section. The proposed language also
requires that DEQ approve these changes.
Second, the amendment proposes to add language, at MCA 82-4-
222(1)(g)(iii), that would require the DEQ to develop rules for permit
owners to provide bonding or other financial assurance necessary to
meet their financial obligations for employee pensions and reclamation
obligations. Furthermore, operators are prohibited from passing
associated costs onto purchasers who are dependent on the operator to
generate electricity for customers. Lastly, Montana proposes a
typographical correction at MCA 82-4-222(1)(q). The full text of the
program and/or plan amendment is available for you to read at the
locations listed above under ADDRESSES or at <a href="http://www.regulations.gov">www.regulations.gov</a>.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the State program.
Electronic or Written Comments
If you submit written or electronic comments on the proposed rule
during the 30-day comment period, they should be specific, confined to
issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations 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 pertinent State or
Federal laws or regulations, technical literature, or other relevant
publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., MDT on June
7, 2023. If you are disabled and need reasonable accommodations to
attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
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 on the specified date 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.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Statutory and Executive Order Reviews
Executive Order 12866--Regulatory Planning and Review and Executive
Order 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
[[Page 33020]]
program amendments is exempted from OMB review under Executive Order
12866. Executive Order 13563, which reaffirms and supplements Executive
Order 12866, retains this exemption.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 926
State regulatory program approval, State-federal cooperative
agreement, Required program amendments.
David A. Berry,
Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2023-10492 Filed 5-22-23; 8:45 am]
BILLING CODE 4310-05-P
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