Proposed Rule2023-20350
Montana Regulatory Program
Primary source
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Published
September 20, 2023
Issuing agencies
Interior DepartmentSurface Mining Reclamation and Enforcement Office
Abstract
We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are reopening the public comment period due to a request for an extension of the public comment period to 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). Montana proposed this amendment to OSMRE, on its own initiative, following its passing of Montana House Bill 576 (2023), which amends the Montana Code Annotated and proposes changes to the definition of material damage and changes to permit requirements related to hydrologic information. HB 576 also adds four contingencies to the proposed amendments of the MCA: a severability clause, a contingent voidness clause, an effective date clause, and a retroactive applicability clause. This document gives the times and locations that the Montana program and this revised proposed amendment to that program are available for your inspection, the comment period during which you may submit written comments on the revised 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 181 (Wednesday, September 20, 2023)</title>
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[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Proposed Rules]
[Pages 64853-64854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20350]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No. MT-042-FOR; Docket ID: OSM-2023-0007; S1D1S SS08011000
SX064A000 222S180110; S2D2S SS08011000 SX064A000 22XS501520]
Montana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period reopening and opportunity
for public hearing on proposed amendment.
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SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are reopening the public comment period due to a request for
an extension of the public comment period to 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
[[Page 64854]]
Act). Montana proposed this amendment to OSMRE, on its own initiative,
following its passing of Montana House Bill 576 (2023), which amends
the Montana Code Annotated and proposes changes to the definition of
material damage and changes to permit requirements related to
hydrologic information. HB 576 also adds four contingencies to the
proposed amendments of the MCA: a severability clause, a contingent
voidness clause, an effective date clause, and a retroactive
applicability clause. This document gives the times and locations that
the Montana program and this revised proposed amendment to that program
are available for your inspection, the comment period during which you
may submit written comments on the revised 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 p.m.,
Mountain Daylight Time (MDT), November 6, 2023.
ADDRESSES: You may submit comments, identified by SATS No. MT-042-FOR,
by any of the following methods:
<bullet> Mail/Hand Delivery: 100 East B Street, Room 4100, Casper,
WY 82601.
<bullet> Fax: (307) 421-6552.
<bullet> Federal eRulemaking Portal: The amendment has been
assigned Docket ID: OSM-2023-0007. If you would like to submit comments
go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for
submitting comments.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than the ones
listed above will be included in the docket for this rulemaking and
considered.
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 Denver
Field Division 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>.
Jeffrey Fleischman, Chief, Denver Field Division, Office of Surface
Mining Reclamation and Enforcement, Dick Cheney Federal Building, POB
11018, 100 East B Street, Casper, Wyoming 82601, Telephone: (307) 261-
6550, Email: <a href="/cdn-cgi/l/email-protection#e288848e878b91818a8f838ca28d918f9087cc858d94"><span class="__cf_email__" data-cfemail="2e4448424b475d4d46434f406e415d435c4b00494158">[email protected]</span></a>
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Dan Walsh, Chief, Coal and Opencut Mining Bureau, Montana Department of
Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901,
Telephone: (406) 444-6791, Email: <a href="/cdn-cgi/l/email-protection#c7a3b0a6abb4af87aab3e9a0a8b1"><span class="__cf_email__" data-cfemail="87e3f0e6ebf4efc7eaf3a9e0e8f1">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Howard Strand, Office of Surface
Mining Reclamation and Enforcement, One Denver Federal Center, Building
41, Lakewood, CO 80225-0065, Telephone: (303) 236-2931, Email:
<a href="/cdn-cgi/l/email-protection#ea82999e988b848eaa859987988fc48d859c"><span class="__cf_email__" data-cfemail="f8908b8c8a99969cb8978b958a9dd69f978e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On August 7, 2023 (88 FR 52084) we published
a proposed rule announcing receipt of a program amendment from Montana.
Montana submitted this proposed amendment to us, of its own volition,
following the passage of Montana House Bill 576 (HB 756) during the
2023 legislative session. HB 576 amends the Montana Strip and
Underground Mine Reclamation Act as well as section 82-4-203 and
section 82-4-222 of MCA. HB 576 also adds four contingencies that apply
to the proposed amendments. First, Montana proposes several changes to
section 82-4-203(32), which defines and describes ``Material Damage.''
Next, Montana proposes to amend its coal mine operation permit
requirements related to hydrologic information section 82-4-222(1)(m).
Lastly, HB 576 adds four contingencies to the proposed amendments of
section 82-4-203(32) and section 82-4-222(1)(m) that are not codified
into the MCA but apply to the amended sections: a severability clause,
a contingent voidness clause, an effective date clause, and a
retroactive applicability clause.
By letter dated August 18, 2023 (FDMS Document ID No. OSM-2023-
0007-0008), Multiple conservation groups sent us a letter requesting an
extension of the public comment period. The conservation groups cited
the controversial nature of the amendment, technical difficulties
accessing the comment portal, and scheduling difficulties around a
public holiday, as to why OSMRE should grant an extension on the
comment period. OSMRE reviewed the request for an extension of the
public comment period and agree that the controversial nature of the
amendment affords the public more time to submit the fullest and most
comprehensive comments possible. The full text of the program amendment
is available for you to read at the locations listed above under
ADDRESSES.
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 15-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.
List of Subjects in 30 CFR Part 926
State-federal cooperative agreement, State regulatory program
approval, Required program amendments.
David A. Berry,
Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2023-20350 Filed 9-19-23; 8:45 am]
BILLING CODE 4310-05-P
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