Notice2024-28354

Notice of Availability of the Draft Supplemental Environmental Impact Statement Federal Mining Plan Modification for Federal Coal Lease MTM 082186 at the Rosebud Mine Area F; Rosebud Mine Area F Mining Plan Modification SEIS

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
December 6, 2024

Issuing agencies

Interior DepartmentSurface Mining Reclamation and Enforcement Office

Abstract

The Office of Surface Mining Reclamation and Enforcement (OSMRE) has prepared a Draft Supplemental Environmental Impact Statement (Draft SEIS) for the Federal Mining Plan Modification for Federal Coal Lease MTM 082186 at the Rosebud Mine Area F (Project), located in Treasure and Rosebud Counties, Montana. The proposed action would allow for continued mining operations in the Area F permit area, resulting in an estimated disturbance of up to 4,288 acres and the extraction of approximately 71.3 million tons of coal. The Draft SEIS was prepared in response to deficiencies identified by the United States District Court for the District of Montana in the 2018 Western Energy Area F Final Environmental Impact Statement. OSMRE invites public comments on the Draft SEIS during a 45-day public comment period, with a public meeting to be held to gather additional input.

Full Text

<html>
<head>
<title>Federal Register, Volume 89 Issue 235 (Friday, December 6, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 235 (Friday, December 6, 2024)]
[Notices]
[Pages 97067-97068]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-28354]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 245S180110; S2D2S SS08011000 SX064A000 
24XS501520]


Notice of Availability of the Draft Supplemental Environmental 
Impact Statement Federal Mining Plan Modification for Federal Coal 
Lease MTM 082186 at the Rosebud Mine Area F; Rosebud Mine Area F Mining 
Plan Modification SEIS

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Notice of availability of the draft supplemental environmental 
impact statement.

-----------------------------------------------------------------------

SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSMRE) has prepared a Draft Supplemental Environmental Impact 
Statement (Draft SEIS) for the Federal Mining Plan Modification for 
Federal Coal Lease MTM 082186 at the Rosebud Mine Area F (Project), 
located in Treasure and Rosebud Counties, Montana. The proposed action 
would allow for continued mining operations in the Area F permit area, 
resulting in an estimated disturbance of up to 4,288 acres and the 
extraction of approximately 71.3 million tons of coal. The Draft SEIS 
was prepared in response to deficiencies identified by the United 
States District Court for the District of Montana in the 2018 Western 
Energy Area F Final Environmental Impact Statement. OSMRE invites 
public comments on the Draft SEIS during a 45-day public comment 
period, with a public meeting to be held to gather additional input.

DATES: OSMRE requests comments concerning the analyses in the Draft 
SEIS. All comments must be received by January 21, 2025. The public 
meeting will be held at the City of Colstrip City Hall, City Council 
Chambers, Colstrip Municipal Building located at 12 Cherry Street, 
Colstrip, Montana from 4:30 to 7:30 p.m. MST on January 8, 2025.

ADDRESSES: You may submit comments related to the Project by any of the 
following methods:
    Email: <a href="/cdn-cgi/l/email-protection#ccbea3bfa9aeb9a8a1a5a2a9adbea9adaabfa9a5bf8ca9bea3bea9bfa3b9beafa9bfe2afa3a1"><span class="__cf_email__" data-cfemail="ccbea3bfa9aeb9a8a1a5a2a9adbea9adaabfa9a5bf8ca9bea3bea9bfa3b9beafa9bfe2afa3a1">[email&#160;protected]</span></a>.
    Be sure to send emails with the subject line: ATTN: Rosebud Mine 
Area F Mining Plan Modification SEIS.
    Mail: ATTN: Rosebud Mine Area F Mining Plan Modification SEIS, C/O: 
Roberta Mart[iacute]nez Hern[aacute]ndez, OSMRE Regions 5, 7-11, P.O. 
Box 25065, Denver, CO 80225-0065.

FOR FURTHER INFORMATION CONTACT: Roberta Mart[iacute]nez 
Hern[aacute]ndez, Project Coordinator by telephone: 303-236-4705, email 
at <a href="/cdn-cgi/l/email-protection#9deff0fcefe9f4f3f8e7f5f8eff3fcf3f9f8e7ddf2eef0eff8b3faf2eb"><span class="__cf_email__" data-cfemail="8bf9e6eaf9ffe2e5eef1e3eef9e5eae5efeef1cbe4f8e6f9eea5ece4fd">[email&#160;protected]</span></a>, or at the address provided in the 
ADDRESSES section.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: OSMRE has prepared a Draft SEIS for the 
Rosebud Mine Area F Project for inclusion in its mining plan decision 
document, which will also include a recommendation from OSMRE to the 
Assistant Secretary for Land and Minerals Management (ASLM) of the 
Department of the Interior on whether to approve, disapprove, or 
conditionally approve the Federal mining plan modification. This 
recommendation is made in accordance with 30 Code of Federal 
Regulations (CFR) 746.13. The Project involves Federal coal leased 
under MTM 082186 and, therefore, requires approval from the ASLM under 
the Mineral Leasing Act of 1920.
    OSMRE initially published an EIS for Rosebud Area F in November 
2018. That EIS was challenged, and the United States District Court for 
the District of Montana held in Montana Environmental Information 
Center v. Haaland, No. CV 19-130-BLG-SPW (D. Mont. 2022) that the EIS 
failed to analyze a reasonable range of alternatives, failed to provide 
high-quality accurate scientific analysis on the economic costs of 
greenhouse gas emissions from Area F, and did not take a hard look at 
cumulative impacts on surface water. The Draft SEIS updates and expands 
on the environmental analysis in the 2018 EIS and provides the 
additional impacts analysis identified as deficient by the district 
court.
    The Rosebud Mine is operated by Westmoreland Rosebud Mining LLC 
under Permit C2011003F, issued by the Montana Department of 
Environmental Quality (DEQ), in accordance with its State mine permit. 
As proposed, the Project would result in 4,288 acres of surface 
disturbance and recovery of 71.3 million tons of coal.

Purpose and Need for the Proposed Action

    OSMRE's purpose in preparing the Draft SEIS is to fully analyze the 
environmental impacts associated with the proposed Federal mining plan 
modification for Rosebud Mine Area F. This analysis specifically 
addresses the deficiencies identified by the United States District 
Court for the District of Montana so that OSMRE can make an informed 
recommendation to the ASLM to approve, disapprove, or conditionally 
approve the proposed Federal mining plan modification for Rosebud Mine 
Area F. Westmoreland Rosebud Mining LLC, the current operator, will not 
be allowed to continue mining or recover the remaining Federal coal in 
Area F unless OSMRE completes its National Environmental Policy Act 
(NEPA) analysis and the ASLM approves the Federal mining plan 
modification.

Proposed Project

    The proposed Project would result in 4,288 acres of surface 
disturbance and the recovery of 71.3 million tons of coal in the 
Rosebud Mine Area F.

Summary of Expected Impacts

    Reasonably foreseeable effects of mining Federal coal have been 
evaluated for the following resources in the Draft SEIS:

<bullet> Air quality (measured as concentration of criteria air 
pollutants regulated under the National Ambient Air Quality Standards, 
Hazardous Air Pollutants, and Air Quality Related Values such as 
visibility (haze) and atmospheric deposition)

[[Page 97068]]

<bullet> Climate and climate change (emissions of greenhouse gases are 
quantified and analyzed as they relate to climate change, measured in 
terms of carbon dioxide equivalent for both 20-year and 100-year global 
warming potentials and characterized using the social cost of 
greenhouse gases)
<bullet> Surface water and groundwater quality and quantity
<bullet> Socioeconomic effects, including changes to State and local 
taxes, royalties, fees, lease bids, bonuses, payroll benefits, and 
effects on environmental justice populations
<bullet> Federally listed threatened and endangered species and their 
critical habitats
<bullet> Geology
<bullet> Soils
<bullet> Cultural resources
<bullet> Visual resources
<bullet> Wildlife
<bullet> Public health and safety
<bullet> Vegetation
<bullet> Wetlands and riparian zones
<bullet> Paleontology
<bullet> Access and transportation
<bullet> Solid and hazardous waste
<bullet> Noise
<bullet> Land use

Anticipated Permits and Authorizations

    ASLM approval, disapproval, or approval with conditions of the 
Federal mining plan modification is required under the Mineral Leasing 
Act of 1920.

Public Comment Period

    This Notice of Availability initiates the comment period, which 
allows OSMRE to gather input on the analyses included in the Draft 
SEIS. In addition to this notice and OSMRE's website at <a href="https://www.osmre.gov/laws-and-regulations/nepa/projects">https://www.osmre.gov/laws-and-regulations/nepa/projects</a>, interested 
stakeholders, agencies, and tribes will be notified of the 45-day 
comment period via mailed letters, and the OSMRE Office of 
Communications will coordinate a press release.
    All public comments must be submitted by email or by hard copy mail 
to the address listed under ADDRESSES. 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 public at 
any time. While you may request in your comment to withhold your 
personal identifying information from public review, OSMRE cannot 
guarantee that this will occur.
    The Project web page will include the description of the Project as 
submitted by Westmoreland Rosebud Mining LLC, a map of the proposed 
mining plan, and information about how to submit public comments on 
issues or concerns related to the Project that are analyzed in the NEPA 
document.
    OSMRE will review public comments and prepare formal responses to 
all substantive comments. OSMRE will make revisions as needed based on 
input from the public while preparing the Final SEIS.

Lead and Cooperating Agencies

    OSMRE is the lead agency for the Draft SEIS. The Bureau of Land 
Management is a cooperating agency on the OSMRE Draft SEIS.

Decision Maker

    The ASLM is the decision maker for the Draft SEIS.

Nature of Decision To Be Made

    Informed by the NEPA analysis, OSMRE will make a recommendation to 
the ASLM about the Federal mining plan modification associated with 
development of the Rosebud Mine Area F. The ASLM will use OSMRE's 
recommendation to decide if the new Federal mining plan modification is 
approved, disapproved, or approved with conditions. OSMRE's 
recommendation to the ASLM is based, at a minimum, on the documentation 
specified at 30 CFR 746.13.

David Berry,
Regional Director, OSMRE Regions 5, 7-11.
[FR Doc. 2024-28354 Filed 12-5-24; 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 December 6, 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.