Proposed Rule2024-16540
Montana Regulatory Program; Reopening Comment Period
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 30, 2024
Effective
August 7, 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 in response to feedback received in response to a concern letter for 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 (Mont. Code Ann.). Montana 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 Mont. Code Ann.: 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 and the comment period during which you may submit written comments on the revised amendment.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 146 (Tuesday, July 30, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Proposed Rules]
[Pages 61050-61051]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16540]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 89, No. 146 / Tuesday, July 30, 2024 /
Proposed Rules
[[Page 61050]]
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 245S180110; S2D2S SS08011000 SX064A000 24XS501520]
Montana Regulatory Program; Reopening Comment Period
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period reopening.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are reopening the public comment period in response to
feedback received in response to a concern letter for 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 (Mont. Code Ann.). Montana
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 Mont. Code Ann.: 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 and the
comment period during which you may submit written comments on the
revised amendment.
DATES: The comment period for the proposed rule published at 88 FR
52084 (August 7, 2023), which was reopened at 88 FR 64853 (September
20, 2023), is reopened again. We will accept written comments on this
amendment until 4 p.m., Mountain Daylight Time (MDT), August 14, 2024.
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#bed4d8d2dbd7cdddd6d3dfd0fed1cdd3ccdb90d9d1c8"><span class="__cf_email__" data-cfemail="78121e141d110b1b1015191638170b150a1d561f170e">[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#f69281979a859eb69b82d8919980"><span class="__cf_email__" data-cfemail="d7b3a0b6bba4bf97baa3f9b0b8a1">[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#c4aea2a8a1adb7a7aca9a5aa84abb7a9b6a1eaa3abb2"><span class="__cf_email__" data-cfemail="147e7278717d67777c79757a547b677966713a737b62">[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
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 conditionally approved the
Montana program on April 1, 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 in the April 1, 1980, Federal Register (45 FR 21560). You can
also find later actions concerning the Montana program and program
amendments at 30 CFR 926.15, 926.16, and 926.30.
II. Description of the Proposed Amendment
By letter dated June 1, 2023 (Administrative Record No. MT-042-01),
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 June 5, 2023. 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 codified at Mont.
Code Ann. sec. 82-4-203 and sec. 82-4-222. HB 576 also adds four
contingencies that apply to the proposed amendments. First, Montana
proposes several changes to Mont. Code Ann. sec. 82-4-203(32),
[[Page 61051]]
which defines and describes ``Material Damage.'' Next, Montana proposes
to amend its coal mine operation permit requirements related to
hydrologic information Mont. Code Ann. sec. 82-4-222(1)(m). Lastly, HB
576 adds four contingencies to the proposed amendments of Mont. Code
Ann. sec. 82-4-203(32) and sec. 82-4-222(1)(m) that are not codified
into Mont. Code Ann. 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 (Administrative Record No. MT-042-
09), we received a letter from interested parties requesting a 60-day
extension of the public comment period for proposed amendment MT-042-
FOR primarily due to technical difficulties accessing the Federal
eRulemaking Portal and the inability to comment on topics of high
interest. OSMRE agreed to extend the public comment period for MT-042-
FOR to November 6, 2023.
Following our initial review, OSMRE sent a letter to the Montana
Department of Environmental Quality (DEQ) on March 28, 2024
(Administrative Record No. MT-042-34). The letter outlined our concerns
with Montana's proposed amendment and offered Montana a decision to
either (1) delay the amendment process, revise, and resubmit the
amendment or (2) proceed to the final rulemaking. The concern letter
was not an announcement of OSMRE's final decision on the Montana
amendment. On April 26, 2024, we received a response to our concern
letter from DEQ. (Administrative Record No. MT-042-35). DEQ stated in
its response that it could not revise the proposed amendment to address
OSMRE's concerns due to the amendment being prompted by legislative
action. DEQ's response also provided further comments disagreeing with
parts of OSMRE's concern letter. Following DEQ's response, we received
feedback on the concern letter from three additional entities
(Administrative Record No. MT-042-36, MT-042-37, and MT-042-38). Due to
the increased interest in the concern letter, and in the interest of
fairness for public participation, OSMRE has decided to re-open the
public comment period for 15-days. The full text of the program
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 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.
IV. Statutory and Executive Order Reviews
Executive Order 12866--Regulatory Planning and Review, Executive Order
13563--Improving Regulation and Regulatory Review, and Executive Order
14094--Modernizing Regulatory Review
Executive Order 12866, as amended by Executive Order 14094,
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, as amended by Executive Oder 14094. 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
Required program amendments, State-Federal cooperative agreement,
State regulatory program approval, Surface mining.
David A. Berry,
Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2024-16540 Filed 7-29-24; 8:45 am]
BILLING CODE 4310-05-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 30, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.