Montana Regulatory Program, 58047-58051 [2019-23514]

Download as PDF Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations I because it poses an imminent hazard to public safety, it would be contrary to the public interest to delay implementation of this extension of the temporary scheduling order. Therefore, in accordance with section 808(2) of the CRA, this order extending the temporary scheduling order shall take effect immediately upon its publication. The DEA has submitted a copy of this temporary scheduling order to both Houses of Congress and to the Comptroller General, although such filing is not required under the Congressional Review Act, 5 U.S.C. 801–808, because, as noted above, this action is an order, not a rule. Dated: October 21, 2019. Uttam Dhillon, Acting Administrator. [FR Doc. 2019–23372 Filed 10–29–19; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 926 [SATS No. MT–036–FOR; Docket No. OSM– 2017–0001; S1D1S SS08011000; SX064A000 201S180110; S2D2S SS08011000 SX064A000 20XS501520] Montana Regulatory Program Office of Surface Mining Reclamation and Enforcement, Interior. ACTION: Final rule; approval of amendment. AGENCY: The Office of Surface Mining Reclamation and Enforcement (OSMRE) is approving an amendment to the Montana coal regulatory program (the Montana program or the State program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The proposed changes to the Montana program are in response to a 2011 state legislative change, which enacted a new State statutory provision under the Montana Strip and Underground Mine Reclamation Act (MSUMRA). The statutory change, directs the State Board to adopt rules governing underground mining that uses in situ coal gasification. Montana proposes to revise its State program to incorporate the addition and proposes changes to the Administrative Rules of Montana (ARM) pertaining to the regulation of in situ coal gasification operations. SUMMARY: The effective date is November 29, 2019. DATES: VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 58047 FOR FURTHER INFORMATION CONTACT: III. OSMRE’s Findings Howard Strand, Office of Surface Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, CO 80202, Telephone: (303) 293–5026, Email: hstrand@osmre.gov. SUPPLEMENTARY INFORMATION: Following is a summary of the proposed statutory and rule changes submitted by Montana, as well as OSMRE’s findings concerning Montana’s amendment under SMCRA and the Federal regulations at 30 CFR 732.15 and 732.17. For the reasons discussed below, we are approving the amendment. I. Background on the Montana Program II. Submission of the Amendment III. OSMRE’s Findings IV. Summary and Disposition of Comments V. OSMRE’s Decision VI. Procedural Determinations 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 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 in the April 1, 1980, Federal Register (45 FR 21560). You can also find later actions concerning Montana’s program and program amendments at 30 CFR 926.12, 926.15, 926.16, and 926.30. II. Submission of the Amendment By letter dated February 27, 2017 (Document ID No. OSM–2017–0001– 0002), Montana sent us a proposed amendment to its State program under SMCRA (30 U.S.C. 1201 et seq.). The proposed changes were submitted in response to Montana Senate Bill 292 (SB 292), enacted by the Montana Legislature in 2011, and subsequently codified within MSUMRA at Montana Code Annotated (Mont. Code Ann.) sec. 82–4–207. Montana proposes to amend its State program to incorporate the statutory change at Mont. Code Ann. sec. 82–4–207 and it also proposes amendments to its rules. We announced receipt of the proposed amendment in the May 8, 2018, Federal Register (83 FR 20773) (Document ID No. OSM–2017–0001– 0001). In the same document, we opened the public comment period and provided an opportunity for a public hearing or meeting on the adequacy of the amendment. We did not hold a public hearing or meeting because none were requested. The public comment period ended on June 7, 2018. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 A. Mont. Code Ann. Sec. 82–4–207— Rulemaking—In Situ Coal Gasification Montana proposes to add Mont. Code Ann. sec. 82–4–207 under MSUMRA. Subsection (1) of Mont. Code Ann. sec. 82–4–207 directs the Montana Board of Environmental Review (BER) to adopt rules necessary to regulate underground mining that uses in situ coal gasification operations under the Montana program. The new statutory provision additionally states that the BER may not adopt rules specific to in situ gasification that are more stringent than the comparable Federal regulations or guidelines that address the same circumstances. Mont. Code Ann. sec. 82–4–207(2). Subsection (3) of the statutory provision relates to rule processing. The proposed Montana statute, at Mont. Code Ann. sec. 82–4–207, provides the necessary statutory authority to allow the BER to adopt rules to regulate underground mining using in situ coal gasification. Because in situ coal processing is an activity regulated under SMCRA’s implementing regulations, at 30 CFR 785.22 and 30 CFR part 828, we find Mont. Code Ann. sec. 82–4–207 to be consistent with SMCRA and the Federal regulations. Under section 503(a)(7) of SMCRA, State programs must be capable of carrying out the provisions of SMCRA and meeting the Act’s purposes through rules consistent with the Federal regulations implemented under the Act. Mont. Code Ann. sec. 82–4–207 simply allows the State to proceed with rulemaking specific to in situ coal gasification, an activity already approved as part of Montana’s existing program. This statutory provision is therefore consistent with SMCRA and the Federal regulations. Regarding subsection (2) of the statutory provision, SMCRA sections 503 and 505, and the Federal regulations at 30 CFR 730.5, establish the criteria for approval of State SMCRA programs. A State program must set forth requirements that satisfy the Federal minimum standards and must include provisions that are no less stringent than SMCRA and no less effective than the Federal regulations. E:\FR\FM\30OCR1.SGM 30OCR1 58048 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations As long as these minimum Federal standards are met, a State may indicate that its State program shall not be more stringent than the Federal program. Montana’s proposed statutory provision is not inconsistent with SMCRA or the Federal regulations. We are therefore approving the incorporation of Mont. Code Ann. sec. 82–4–207 into the Montana program. B. Proposed Amendments to the Montana Rules In its program amendment submission, Montana proposes to adopt a new rule section, ARM 17.24.905, which is intended to clarify that certain rules are not applicable to in situ coal operations under the Montana program requirements. Montana also proposes revisions to its existing rules at ARM 17.24.902 and 17.24.903 to incorporate a reference to, and reflect the in situ coal gasification exemptions set forth at, ARM 17.24.905. For the following reasons, OSMRE finds that the proposed changes are consistent with, and no less effective than, the counterpart Federal regulations. We are therefore approving Montana’s proposed rule changes. 1. ARM 17.24.905—Rules Not Applicable to In Situ Coal Operations OSMRE previously approved the definition of ‘‘in situ coal gasification’’ as part of the Montana program and published the final rule in the September 19, 2012, Federal Register (77 FR 58022). The Montana program, at Mont. Code Ann. sec. 82–4–203(27)(a), defines in situ coal gasification as an inplace extraction method involving a well or conduit where limited surface disturbance occurs. The Federal regulations specify which requirements apply to in situ coal processing at 30 CFR 785.22 and 30 CFR part 828. Montana’s existing program at ARM 17.24.902 and 17.24.904 contain similar requirements. Both the State and Federal programs establish that in situ operations must comply with regulations governing underground mining. Underground mining performance standards are outlined in the Montana program at ARM 17.24.903. Those requirements are similar to the Federal underground mining performance standards at 30 CFR part 817. As discussed in further detail below, the Federal regulations do not require in situ processing operations to comply with all Federal coal program requirements, especially those pertaining to surface mining operations, due to the limited nature of the disturbances associated with this mining method. Similarly, Montana’s VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 existing program does not routinely apply surface mining regulations to in situ operations. This is consistent with the State’s definition of ‘‘in situ coal gasification’’ in Mont. Code Ann. sec. 82–4–203(27)(a), which indicates that this mining method involves limited surface disturbances, and the counterpart Federal requirements. In its submission package for this program amendment, the Montana Department of Environmental Quality (MDEQ or the Department) explained that it determined most of the rules relating to underground coal mining should apply to in situ operations. However, in an effort to minimize duplication of existing rules, Montana decided to adopt a new rule, proposed as ARM 17.24.905, that instead lists the rules that would be inapplicable to in situ operations. Montana’s amendment seeks to clarify which additional regulations, beyond those already explicitly applied to all in situ operations, the State may and may not impose at its discretion. This will provide regulatory certainty to potential permittees by indicating that although the State has the discretion to apply additional requirements beyond those applicable to all in situ operations, it may not impose the specific surface mining regulations listed under new ARM 17.24.905(1)(a)–(c). This proposed new section, ARM 17.24.905(1)(a)–(c), exempts in situ coal gasification operations from three separate groups of regulatory requirements: ARM 17.24.311 (Air Pollution Control Plan); ARM 17.24.519 (Monitoring for Settlement); and ARM 17.24.831 through ARM 17.24.837 (auger mining and remining rules). Montana further proposed language at ARM 17.24.905(2), which states that all other rules may apply on a minespecific basis. These changes would not modify existing ARM 17.24.904, In Situ Coal Processing Operation Performance Standards, which requires in situ operations to comply with general performance standards for underground mining operations, as well as additional requirements, which explicitly apply to all in situ operations. At subsection 17.24.905(1)(a), Montana proposes to exempt in situ operations from ARM 17.24.311 (Air Pollution Control Plan). ARM 17.24.311 applies only to strip mining operations with projected production rates exceeding 1,000,000 tons of material per year. In situ operations do not fall within the scope of this provision. Similarly, in situ operations are not subject to air pollution control plan requirements under the Federal program at 30 CFR 780.15. Therefore, the ARM PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 17.24.905(1)(a) exemption is not inconsistent with the Federal regulations. Under ARM 17.24.902(1)(d), Montana requires in situ operations to include, among other requirements, plans for monitoring air quality. Likewise, under 30 CFR 784.26, the Federal program requires in situ processing operations to have an air quality monitoring program. Montana seeks to clarify that, although it has a requirement to include plans for monitoring air quality similar to underground mining operations, it will not impose the air pollution control plan requirements of ARM 17.24.311, which apply only to surface mining operations. Because the Federal regulations do not require in situ operations to comply with surface mining air pollution control plan requirements, and both programs require air quality monitoring for in situ operations, Montana’s proposed exemption is no less effective than the corresponding Federal regulations. ARM 17.24.905(1)(b) proposes to exempt in situ operations from ARM 17.24.519 (Monitoring for Settlement), which pertains to regraded surface mine areas. The Federal regulations do not contain an analogous provision and therefore in situ operations are not subject to this requirement under the Federal program. The need to regrade spoil would not arise because in situ operations do not involve land excavation. Therefore, in situ operations would not necessitate monitoring for settlement of regraded areas. Rather, monitoring for subsidence would be appropriate. This is required under the Federal program at 30 CFR 784.20, Subsidence Control Plan, and under Montana’s program at ARM 17.24.911, Subsidence Control Plan. See ARM 17.24.902(1) (which incorporates 17.24.901 by reference), and ARM 17.24.901(1)(c)(iii)(A)(III)) (which incorporates ARM 17.24.911 by reference). For these reasons, Montana’s proposal to exempt in situ operations from monitoring for settlement is consistent with, and no less effective than, the Federal requirements. ARM 17.24.905(1)(c) proposes to exempt in situ operations from ARM 17.24.831 through 17.24.837 (auger mining and remining). The corresponding Federal regulations having the same effect are found at 30 CFR 785.20 (augering), and 30 CFR 785.25 (lands eligible for remining). These Federal program provisions do not apply to in situ operations. In situ processing cannot occur by the methods of, or under the geologic conditions associated with, either augering or E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations remining. Therefore, regulatory requirements specific to these types of activities should not be applied to in situ operations. Because in situ operations are not subject to augering or remining provisions under the Federal regulations, Montana’s proposed revision exempting them under the State program is consistent with, and no less effective than, the counterpart Federal regulations at 30 CFR 785.20 and 785.25. Finally, Montana’s proposed revision at ARM 17.24.905(2) prescribes, ‘‘all other rules may apply on a mine specific basis.’’ This subsection would allow Montana, in its discretion, to impose additional regulatory requirements beyond those already required by the approved program, other than those specifically exempted though this rule provision. As described above, Montana’s program requirements, specific to in situ coal gasification operations, satisfy the minimum Federal standards governing in situ operations. Through the addition of ARM 17.24.905, Montana provides itself with the necessary regulatory flexibility to specify any additional requirements to impose on an in situ operation, beyond those already required and applied under its approved State program. Consequently, ARM 17.24.905(2) is not inconsistent with, and does not render its State program less effective than, the Federal requirements. For the reasons provided above, we are approving ARM 17.24.905. 2. ARM 17.24.902—Application Requirements for In Situ Coal Processing Operations Montana proposes to revise the language in ARM 17.24.902(1) to add reference to ARM 17.24.905. Because we are approving ARM 17.24.905, revising ARM 17.24.902(1) to include this reference is appropriate to clarify which additional requirements may be applied to in situ coal gasification under the Montana program. We are therefore approving this revision to ARM 17.24.902(1). 3. ARM 17.24.903—General Performance Standards Similar to the proposed revision at ARM 17.24.902(1), Montana also proposes to revise the language at ARM 17.24.903(1) to incorporate reference to ARM 17.24.905. Because we are approving ARM 17.24.905, adding this reference in ARM 17.24.903(1) is appropriate to clarify which additional requirements may be applied to in situ coal gasification under the Montana program. We are therefore approving this revision to ARM 17.24.903(1). VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 IV. Summary and Disposition of Comments Public Comments OSMRE asked for public comments in the May 8, 2018, Federal Register (83 FR 20773) (Document ID No. OSM– 2017–0001–0001). OSMRE did not receive any public comments or any request to hold a public meeting or public hearing. Federal Agency Comments On March 6, 2017, under 30 CFR 732.17(h)(11)(i) and section 503(b) of SMCRA, we requested comments on the amendment from various Federal agencies with an actual or potential interest in the Montana program (Document ID No. OSM–2017–0001– 0005). We received comments from the Mine Safety and Health Administration (MSHA) and the United States Army Corps of Engineers (USACE). On April 10, 2017, MSHA provided a number of comments (Document ID No. OSM–2017–0001–0003), most of which pertained to definition changes in MSUMRA that were included in the Montana SB 292. OSMRE previously approved these definition changes in a separate Montana program amendment approval in the September 19, 2012, Federal Register (77 FR 58022). Montana is not currently proposing any changes to its regulatory definitions. However, MSHA did also comment on Montana’s proposed statutory revision at Mont. Code Ann. sec. 82–4–207, stating that MSHA may regulate in situ coal gasification as discussed in SB 292, or any other form of coal gasification when active participation of miners occurs, as defined under the Federal Mine Safety and Health Act of 1977, 30 U.S.C.S. 801 et seq. (Mine Safety Act). OSMRE agrees that MSHA retains its authority to regulate mining activity under the Mine Safety Act, and OSMRE finds that Montana’s amendment will not infringe upon MSHA’s authority. The USACE also commented on the proposed definition changes to MSUMRA that were included in SB 292 (Document ID No. OSM–2017–0001– 0004). As stated above, these proposed definition changes were approved by OSMRE in a separate Montana program amendment approval in 2012 (77 FR 58022). Therefore, USACE comments are not germane to the current amendment proposal. Environmental Protection Agency (EPA) Concurrence and Comments Under 30 CFR 732.17(h)(11)(ii), we are required to get a written concurrence from EPA for those provisions of the program amendment that relate to air or PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 58049 water quality standards issued under the authority of the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 U.S.C. 7401 et seq.). None of the revisions that Montana proposed to make in this amendment pertain to air or water quality standards. Therefore, we did not ask EPA to concur on the amendment. However, on March 6, 2017, under 30 CFR 732.17(h)(11)(i), we requested comments from the EPA on the amendment (Document ID No. OSM–2017–0001–0005). The EPA did not respond to our request. State Historical Preservation Officer (SHPO) and the Advisory Council on Historic Preservation (ACHP) Under 30 CFR 732.17(h)(4), we are required to request comments from the SHPO and ACHP on amendments that may have an effect on historic properties. On March 6, 2017, we requested comments on Montana’s amendment (Document ID No. OSM– 2017–0001–0006). We did not receive comments from the ACHP or SHPO. V. OSMRE’s Decision Based on the above findings, we are approving Montana’s amendment that was submitted on February 27, 2017. To implement this decision, we are amending the Federal regulations, at 30 CFR part 926 that codify decisions concerning the Montana program. In accordance with the Administrative Procedure Act, this rule will take effect 30 days after the date of publication. Section 503(a) of SMCRA requires that the State’s program demonstrate that the State has the capability of carrying out the provisions of the Act and meeting its purposes. SMCRA requires consistency of State and Federal standards. VI. Procedural Determinations Executive Order 12630—Governmental Actions and Interference With Constitutionally Protected Property Rights This rule would not effect a taking of private property or otherwise have taking implications that would result in public property taken for government use without just compensation under the law. Therefore, a takings implication assessment is not required. This determination is based on an analysis of the corresponding Federal regulations. Executive Order 12866—Regulatory Planning and Review and 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 E:\FR\FM\30OCR1.SGM 30OCR1 58050 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations rules. Pursuant to OMB guidance, dated October 12, 1993, the approval of State program amendments is exempted from OMB review under Executive Order 12866. Executive Order 13563, which reaffirms and supplements Executive Order 12866, retains this exemption. Executive Order 13771—Reducing Regulation and Controlling Regulatory Costs State program amendments are not regulatory actions under Executive Order 13771 because they are exempt from review under Executive Order 12866. Executive Order 12988—Civil Justice Reform The Department of the Interior has reviewed this rule as required by section 3(a) of Executive Order 12988. The Department determined that this Federal Register document meets the criteria of Section 3 of Executive Order 12988, which is intended to ensure that the agency review its legislation and proposed regulations to eliminate drafting errors and ambiguity; that the agency write its legislation and regulations to minimize litigation; and that the agency’s legislation and regulations provide a clear legal standard for affected conduct rather than a general standard, and promote simplification and burden reduction. Because Section 3 focuses on the quality of Federal legislation and regulations, the Department limited its review under this Executive Order to the quality of this Federal Register document and to changes to the Federal regulations. The review under this Executive Order did not extend to the language of the State regulatory program or to the program amendment that the State of Montana drafted. Executive Order 13132—Federalism This rule is not a ‘‘[p]olicy that [has] Federalism implications’’ as defined by section 1(a) of Executive Order 13132 because it does not have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ Instead, this rule approves an amendment to the Montana program submitted and drafted by that State. OSMRE reviewed the submission with fundamental federalism principles in mind as set forth in Sections 2 and 3 of the Executive Order and with the principles of cooperative federalism set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As such, pursuant to section 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 and (7)), OSMRE reviewed the program amendment to ensure that it is ‘‘in accordance with’’ the requirements of SMCRA and ‘‘consistent with’’ the regulations issued by the Secretary pursuant to SMCRA. Executive Order 13175—Consultation and Coordination With Indian Tribal Governments The Department of the Interior strives to strengthen its government-togovernment relationship with Tribes through a commitment to consultation with Tribes and recognition of their right to self-governance and tribal sovereignty. We have evaluated this rule under the Department’s consultation policy and under the criteria in Executive Order 13175, and have determined that it has no substantial direct effects on federally recognized Tribes or on the distribution of power and responsibilities between the Federal government and Tribes. Therefore, consultation under the Department’s tribal consultation policy is not required. The basis for this determination is that our decision is on the Montana program that does not include Tribal lands or regulation of activities on Tribal lands. Tribal lands are regulated independently under the applicable, approved Federal program. Executive Order 13211—Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use Executive Order 13211 requires agencies to prepare a Statement of Energy Effects for a rulemaking that is (1) considered significant under Executive Order 12866, and (2) likely to have a significant adverse effect on the supply, distribution, or use of energy. Because this rule is exempt from review under Executive Order 12866 and is not a significant energy action under Executive Order 13211, a Statement of Energy Effects is not required. Executive Order 13405—Protection of Children From Environmental Health Risks and Safety Risks This rule is not subject to Executive Order 13405, because this is not an economically significant regulatory action as defined by Executive Order 12866; and this action does not address environmental health or safety risks disproportionately affecting children. National Environmental Policy Act Consistent with Sections 501(a) and 702(d) of SMCRA (30 U.S.C. 1251(a) and (d), respectively) and the U.S. Department of the Interior Departmental Manual, Part 516 Section 13.5(A), State PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 program amendments are not major Federal actions within the meaning of section 102(2)(C) of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)). National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act (15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. (OMB Circular A–119 at p. 14). This action is not subject to the requirements of Section 12(d) of the NTAA because application of those requirements would be inconsistent with SMCRA. Paperwork Reduction Act This rule does not include requests and requirements of an individual, partnership, or corporation to obtain information and report it to a Federal agency. As this rule does not contain information collection requirements, a submission to OMB under the Paperwork Reduction Act (44 U.S.C. 3507 et seq.) is not required. Regulatory Flexibility Act This rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject of this rule, is based upon corresponding Federal regulations for which an economic analysis was prepared and certification made that such regulations would not have a significant economic effect upon a substantial number of small entities. In making the determination as to whether this rule would have a significant economic impact, the Department relied upon the data and assumptions for the corresponding Federal regulations. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million; (b) will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; and (c) does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This E:\FR\FM\30OCR1.SGM 30OCR1 Federal Register / Vol. 84, No. 210 / Wednesday, October 30, 2019 / Rules and Regulations determination is based on an analysis of the corresponding Federal regulations, which were determined not to constitute a major rule. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or Tribal governments, or the private sector of $100 million per year. This rule does not have a significant or unique effect on State, local, or Tribal governments or the private sector. This determination is based on an analysis of the corresponding Federal regulations, which were determined not to impose Original amendment submission date an unfunded mandate. Therefore, a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. List of Subjects in 30 CFR Part 926 * * February 27, 2017 ..................................... BILLING CODE 4310–05–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2019–0803] For the reasons set out in the preamble, 30 CFR part 926 is amended as set forth below: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking RNA Regulated Navigation Area COTP Captain of the Port § Section U.S.C. United States Code Coast Guard, DHS. Temporary final rule. The Coast Guard is amending a temporary RNA for navigable waters in Saint Simons Sound, GA. Entry of vessels greater than 500 gross tons into the area is prohibited, unless specifically authorized by the Captain of the Port (COTP) Savannah. The RNA is needed to protect personnel, vessels, and the marine environment from potential hazards created by salvage and pollution response operations taking place near the grounded freight vessel GOLDEN RAY. DATES: This rule is effective without actual notice from October 30, 2019 until January 29, 2021. For the purposes of enforcement, actual notice will be used from September 24, 2019 through October 30, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– SUMMARY: VerDate Sep<11>2014 15:59 Oct 29, 2019 Jkt 250001 II. Background Information and Regulatory History The Coast Guard is amending this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the freight vessel GOLDEN RAY capsized and grounded in Saint Simons Sound, GA on September 8, 2019. Immediate PO 00000 * * * * * * * * Mont. Code Ann. 82–4–207 In situ gasification rulemaking ARM 17.24.902, 17.24.903, and 17.24.905, In situ gasification. Regulated Navigation Area; Saint Simons Sound, GA ACTION: * Citation/description RIN 1625–AA11 AGENCY: Authority: 30 U.S.C. 1201 et seq. § 926.15 Approval of Montana regulatory program amendments. 0794 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LT Lauren Bloch, Marine Safety Unit Savannah Office of Waterways Management, Coast Guard; telephone 912–652–4353, extension 232, or email Lauren.E.Bloch@uscg.mil. SUPPLEMENTARY INFORMATION: [FR Doc. 2019–23514 Filed 10–29–19; 8:45 am] 1. The authority citation for part 926 continues to read as follows: ■ 2. Section 926.15 is amended in the table by adding an entry in chronological order by ‘‘Date of final publication’’ to read as follows: Dated August 30, 2019 David Berry, Director, Unified Regions 5, 7, 8, 9, 10, 11. * 10/30/2019 PART 926—MONTANA ■ Intergovernmental relations, Surface mining, Underground mining. Date of final publication 58051 Frm 00047 Fmt 4700 Sfmt 4700 action is needed to aid in the directing of vessel traffic through the Port of Brunswick in the vicinity of the M/V GOLDEN RAY. It is impracticable to publish an NPRM because we must amend this RNA by September 24, 2019. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable because immediate action is needed to respond to the potential hazards associated with operations in response to the M/V GOLDEN RAY casualty. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The COTP Savannah has determined that an amended RNA is needed to allow vessels greater than 500 gross tons to transit safely through the area. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the RNA during salvage and pollution operations in response to the M/V GOLDEN RAY casualty. IV. Discussion of the Rule This rule amends the coordinates and expiration date of the temporary RNA published on September 19, 2019. The RNA zone is amended to cover all navigable waters in Saint Simons Sound, GA bounded by a line drawn from a point located at 31°07′48″ N, 081°23′30″ W, thence to 31°07′29″ N, 081°23′37″ W, thence to 31°07′38″ N, 081°24′10″ W, thence to 31°07′22″ N, E:\FR\FM\30OCR1.SGM 30OCR1

Agencies

[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
[Rules and Regulations]
[Pages 58047-58051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23514]


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DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

30 CFR Part 926

[SATS No. MT-036-FOR; Docket No. OSM-2017-0001; S1D1S SS08011000; 
SX064A000 201S180110; S2D2S SS08011000 SX064A000 20XS501520]


Montana Regulatory Program

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

ACTION: Final rule; approval of amendment.

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SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSMRE) is approving an amendment to the Montana coal regulatory 
program (the Montana program or the State program) under the Surface 
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The 
proposed changes to the Montana program are in response to a 2011 state 
legislative change, which enacted a new State statutory provision under 
the Montana Strip and Underground Mine Reclamation Act (MSUMRA). The 
statutory change, directs the State Board to adopt rules governing 
underground mining that uses in situ coal gasification. Montana 
proposes to revise its State program to incorporate the addition and 
proposes changes to the Administrative Rules of Montana (ARM) 
pertaining to the regulation of in situ coal gasification operations.

DATES: The effective date is November 29, 2019.

FOR FURTHER INFORMATION CONTACT: Howard Strand, Office of Surface 
Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, 
CO 80202, Telephone: (303) 293-5026, Email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background on the Montana Program
II. Submission of the Amendment
III. OSMRE's Findings
IV. Summary and Disposition of Comments
V. OSMRE's Decision
VI. Procedural Determinations

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 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 in the April 1, 1980, Federal 
Register (45 FR 21560). You can also find later actions concerning 
Montana's program and program amendments at 30 CFR 926.12, 926.15, 
926.16, and 926.30.

II. Submission of the Amendment

    By letter dated February 27, 2017 (Document ID No. OSM-2017-0001-
0002), Montana sent us a proposed amendment to its State program under 
SMCRA (30 U.S.C. 1201 et seq.). The proposed changes were submitted in 
response to Montana Senate Bill 292 (SB 292), enacted by the Montana 
Legislature in 2011, and subsequently codified within MSUMRA at Montana 
Code Annotated (Mont. Code Ann.) sec. 82-4-207. Montana proposes to 
amend its State program to incorporate the statutory change at Mont. 
Code Ann. sec. 82-4-207 and it also proposes amendments to its rules.
    We announced receipt of the proposed amendment in the May 8, 2018, 
Federal Register (83 FR 20773) (Document ID No. OSM-2017-0001-0001). In 
the same document, we opened the public comment period and provided an 
opportunity for a public hearing or meeting on the adequacy of the 
amendment. We did not hold a public hearing or meeting because none 
were requested. The public comment period ended on June 7, 2018.

III. OSMRE's Findings

    Following is a summary of the proposed statutory and rule changes 
submitted by Montana, as well as OSMRE's findings concerning Montana's 
amendment under SMCRA and the Federal regulations at 30 CFR 732.15 and 
732.17. For the reasons discussed below, we are approving the 
amendment.

A. Mont. Code Ann. Sec. 82-4-207--Rulemaking--In Situ Coal Gasification

    Montana proposes to add Mont. Code Ann. sec. 82-4-207 under MSUMRA. 
Subsection (1) of Mont. Code Ann. sec. 82-4-207 directs the Montana 
Board of Environmental Review (BER) to adopt rules necessary to 
regulate underground mining that uses in situ coal gasification 
operations under the Montana program. The new statutory provision 
additionally states that the BER may not adopt rules specific to in 
situ gasification that are more stringent than the comparable Federal 
regulations or guidelines that address the same circumstances. Mont. 
Code Ann. sec. 82-4-207(2). Subsection (3) of the statutory provision 
relates to rule processing.
    The proposed Montana statute, at Mont. Code Ann. sec. 82-4-207, 
provides the necessary statutory authority to allow the BER to adopt 
rules to regulate underground mining using in situ coal gasification. 
Because in situ coal processing is an activity regulated under SMCRA's 
implementing regulations, at 30 CFR 785.22 and 30 CFR part 828, we find 
Mont. Code Ann. sec. 82-4-207 to be consistent with SMCRA and the 
Federal regulations. Under section 503(a)(7) of SMCRA, State programs 
must be capable of carrying out the provisions of SMCRA and meeting the 
Act's purposes through rules consistent with the Federal regulations 
implemented under the Act. Mont. Code Ann. sec. 82-4-207 simply allows 
the State to proceed with rulemaking specific to in situ coal 
gasification, an activity already approved as part of Montana's 
existing program. This statutory provision is therefore consistent with 
SMCRA and the Federal regulations.
    Regarding subsection (2) of the statutory provision, SMCRA sections 
503 and 505, and the Federal regulations at 30 CFR 730.5, establish the 
criteria for approval of State SMCRA programs. A State program must set 
forth requirements that satisfy the Federal minimum standards and must 
include provisions that are no less stringent than SMCRA and no less 
effective than the Federal regulations.

[[Page 58048]]

As long as these minimum Federal standards are met, a State may 
indicate that its State program shall not be more stringent than the 
Federal program. Montana's proposed statutory provision is not 
inconsistent with SMCRA or the Federal regulations. We are therefore 
approving the incorporation of Mont. Code Ann. sec. 82-4-207 into the 
Montana program.

B. Proposed Amendments to the Montana Rules

    In its program amendment submission, Montana proposes to adopt a 
new rule section, ARM 17.24.905, which is intended to clarify that 
certain rules are not applicable to in situ coal operations under the 
Montana program requirements. Montana also proposes revisions to its 
existing rules at ARM 17.24.902 and 17.24.903 to incorporate a 
reference to, and reflect the in situ coal gasification exemptions set 
forth at, ARM 17.24.905.
    For the following reasons, OSMRE finds that the proposed changes 
are consistent with, and no less effective than, the counterpart 
Federal regulations. We are therefore approving Montana's proposed rule 
changes.
1. ARM 17.24.905--Rules Not Applicable to In Situ Coal Operations
    OSMRE previously approved the definition of ``in situ coal 
gasification'' as part of the Montana program and published the final 
rule in the September 19, 2012, Federal Register (77 FR 58022). The 
Montana program, at Mont. Code Ann. sec. 82-4-203(27)(a), defines in 
situ coal gasification as an in-place extraction method involving a 
well or conduit where limited surface disturbance occurs.
    The Federal regulations specify which requirements apply to in situ 
coal processing at 30 CFR 785.22 and 30 CFR part 828. Montana's 
existing program at ARM 17.24.902 and 17.24.904 contain similar 
requirements. Both the State and Federal programs establish that in 
situ operations must comply with regulations governing underground 
mining. Underground mining performance standards are outlined in the 
Montana program at ARM 17.24.903. Those requirements are similar to the 
Federal underground mining performance standards at 30 CFR part 817. As 
discussed in further detail below, the Federal regulations do not 
require in situ processing operations to comply with all Federal coal 
program requirements, especially those pertaining to surface mining 
operations, due to the limited nature of the disturbances associated 
with this mining method. Similarly, Montana's existing program does not 
routinely apply surface mining regulations to in situ operations. This 
is consistent with the State's definition of ``in situ coal 
gasification'' in Mont. Code Ann. sec. 82-4-203(27)(a), which indicates 
that this mining method involves limited surface disturbances, and the 
counterpart Federal requirements.
    In its submission package for this program amendment, the Montana 
Department of Environmental Quality (MDEQ or the Department) explained 
that it determined most of the rules relating to underground coal 
mining should apply to in situ operations. However, in an effort to 
minimize duplication of existing rules, Montana decided to adopt a new 
rule, proposed as ARM 17.24.905, that instead lists the rules that 
would be inapplicable to in situ operations. Montana's amendment seeks 
to clarify which additional regulations, beyond those already 
explicitly applied to all in situ operations, the State may and may not 
impose at its discretion. This will provide regulatory certainty to 
potential permittees by indicating that although the State has the 
discretion to apply additional requirements beyond those applicable to 
all in situ operations, it may not impose the specific surface mining 
regulations listed under new ARM 17.24.905(1)(a)-(c).
    This proposed new section, ARM 17.24.905(1)(a)-(c), exempts in situ 
coal gasification operations from three separate groups of regulatory 
requirements: ARM 17.24.311 (Air Pollution Control Plan); ARM 17.24.519 
(Monitoring for Settlement); and ARM 17.24.831 through ARM 17.24.837 
(auger mining and remining rules). Montana further proposed language at 
ARM 17.24.905(2), which states that all other rules may apply on a 
mine-specific basis. These changes would not modify existing ARM 
17.24.904, In Situ Coal Processing Operation Performance Standards, 
which requires in situ operations to comply with general performance 
standards for underground mining operations, as well as additional 
requirements, which explicitly apply to all in situ operations.
    At subsection 17.24.905(1)(a), Montana proposes to exempt in situ 
operations from ARM 17.24.311 (Air Pollution Control Plan). ARM 
17.24.311 applies only to strip mining operations with projected 
production rates exceeding 1,000,000 tons of material per year. In situ 
operations do not fall within the scope of this provision. Similarly, 
in situ operations are not subject to air pollution control plan 
requirements under the Federal program at 30 CFR 780.15. Therefore, the 
ARM 17.24.905(1)(a) exemption is not inconsistent with the Federal 
regulations.
    Under ARM 17.24.902(1)(d), Montana requires in situ operations to 
include, among other requirements, plans for monitoring air quality. 
Likewise, under 30 CFR 784.26, the Federal program requires in situ 
processing operations to have an air quality monitoring program. 
Montana seeks to clarify that, although it has a requirement to include 
plans for monitoring air quality similar to underground mining 
operations, it will not impose the air pollution control plan 
requirements of ARM 17.24.311, which apply only to surface mining 
operations.
    Because the Federal regulations do not require in situ operations 
to comply with surface mining air pollution control plan requirements, 
and both programs require air quality monitoring for in situ 
operations, Montana's proposed exemption is no less effective than the 
corresponding Federal regulations.
    ARM 17.24.905(1)(b) proposes to exempt in situ operations from ARM 
17.24.519 (Monitoring for Settlement), which pertains to regraded 
surface mine areas. The Federal regulations do not contain an analogous 
provision and therefore in situ operations are not subject to this 
requirement under the Federal program. The need to regrade spoil would 
not arise because in situ operations do not involve land excavation. 
Therefore, in situ operations would not necessitate monitoring for 
settlement of regraded areas. Rather, monitoring for subsidence would 
be appropriate. This is required under the Federal program at 30 CFR 
784.20, Subsidence Control Plan, and under Montana's program at ARM 
17.24.911, Subsidence Control Plan. See ARM 17.24.902(1) (which 
incorporates 17.24.901 by reference), and ARM 
17.24.901(1)(c)(iii)(A)(III)) (which incorporates ARM 17.24.911 by 
reference). For these reasons, Montana's proposal to exempt in situ 
operations from monitoring for settlement is consistent with, and no 
less effective than, the Federal requirements.
    ARM 17.24.905(1)(c) proposes to exempt in situ operations from ARM 
17.24.831 through 17.24.837 (auger mining and remining). The 
corresponding Federal regulations having the same effect are found at 
30 CFR 785.20 (augering), and 30 CFR 785.25 (lands eligible for 
remining). These Federal program provisions do not apply to in situ 
operations. In situ processing cannot occur by the methods of, or under 
the geologic conditions associated with, either augering or

[[Page 58049]]

remining. Therefore, regulatory requirements specific to these types of 
activities should not be applied to in situ operations. Because in situ 
operations are not subject to augering or remining provisions under the 
Federal regulations, Montana's proposed revision exempting them under 
the State program is consistent with, and no less effective than, the 
counterpart Federal regulations at 30 CFR 785.20 and 785.25.
    Finally, Montana's proposed revision at ARM 17.24.905(2) 
prescribes, ``all other rules may apply on a mine specific basis.'' 
This subsection would allow Montana, in its discretion, to impose 
additional regulatory requirements beyond those already required by the 
approved program, other than those specifically exempted though this 
rule provision. As described above, Montana's program requirements, 
specific to in situ coal gasification operations, satisfy the minimum 
Federal standards governing in situ operations. Through the addition of 
ARM 17.24.905, Montana provides itself with the necessary regulatory 
flexibility to specify any additional requirements to impose on an in 
situ operation, beyond those already required and applied under its 
approved State program. Consequently, ARM 17.24.905(2) is not 
inconsistent with, and does not render its State program less effective 
than, the Federal requirements.
    For the reasons provided above, we are approving ARM 17.24.905.
2. ARM 17.24.902--Application Requirements for In Situ Coal Processing 
Operations
    Montana proposes to revise the language in ARM 17.24.902(1) to add 
reference to ARM 17.24.905. Because we are approving ARM 17.24.905, 
revising ARM 17.24.902(1) to include this reference is appropriate to 
clarify which additional requirements may be applied to in situ coal 
gasification under the Montana program. We are therefore approving this 
revision to ARM 17.24.902(1).
3. ARM 17.24.903--General Performance Standards
    Similar to the proposed revision at ARM 17.24.902(1), Montana also 
proposes to revise the language at ARM 17.24.903(1) to incorporate 
reference to ARM 17.24.905. Because we are approving ARM 17.24.905, 
adding this reference in ARM 17.24.903(1) is appropriate to clarify 
which additional requirements may be applied to in situ coal 
gasification under the Montana program. We are therefore approving this 
revision to ARM 17.24.903(1).

IV. Summary and Disposition of Comments

Public Comments

    OSMRE asked for public comments in the May 8, 2018, Federal 
Register (83 FR 20773) (Document ID No. OSM-2017-0001-0001). OSMRE did 
not receive any public comments or any request to hold a public meeting 
or public hearing.

Federal Agency Comments

    On March 6, 2017, under 30 CFR 732.17(h)(11)(i) and section 503(b) 
of SMCRA, we requested comments on the amendment from various Federal 
agencies with an actual or potential interest in the Montana program 
(Document ID No. OSM-2017-0001-0005). We received comments from the 
Mine Safety and Health Administration (MSHA) and the United States Army 
Corps of Engineers (USACE).
    On April 10, 2017, MSHA provided a number of comments (Document ID 
No. OSM-2017-0001-0003), most of which pertained to definition changes 
in MSUMRA that were included in the Montana SB 292. OSMRE previously 
approved these definition changes in a separate Montana program 
amendment approval in the September 19, 2012, Federal Register (77 FR 
58022). Montana is not currently proposing any changes to its 
regulatory definitions. However, MSHA did also comment on Montana's 
proposed statutory revision at Mont. Code Ann. sec. 82-4-207, stating 
that MSHA may regulate in situ coal gasification as discussed in SB 
292, or any other form of coal gasification when active participation 
of miners occurs, as defined under the Federal Mine Safety and Health 
Act of 1977, 30 U.S.C.S. 801 et seq. (Mine Safety Act). OSMRE agrees 
that MSHA retains its authority to regulate mining activity under the 
Mine Safety Act, and OSMRE finds that Montana's amendment will not 
infringe upon MSHA's authority.
    The USACE also commented on the proposed definition changes to 
MSUMRA that were included in SB 292 (Document ID No. OSM-2017-0001-
0004). As stated above, these proposed definition changes were approved 
by OSMRE in a separate Montana program amendment approval in 2012 (77 
FR 58022). Therefore, USACE comments are not germane to the current 
amendment proposal.

Environmental Protection Agency (EPA) Concurrence and Comments

    Under 30 CFR 732.17(h)(11)(ii), we are required to get a written 
concurrence from EPA for those provisions of the program amendment that 
relate to air or water quality standards issued under the authority of 
the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42 
U.S.C. 7401 et seq.). None of the revisions that Montana proposed to 
make in this amendment pertain to air or water quality standards. 
Therefore, we did not ask EPA to concur on the amendment. However, on 
March 6, 2017, under 30 CFR 732.17(h)(11)(i), we requested comments 
from the EPA on the amendment (Document ID No. OSM-2017-0001-0005). The 
EPA did not respond to our request.

State Historical Preservation Officer (SHPO) and the Advisory Council 
on Historic Preservation (ACHP)

    Under 30 CFR 732.17(h)(4), we are required to request comments from 
the SHPO and ACHP on amendments that may have an effect on historic 
properties. On March 6, 2017, we requested comments on Montana's 
amendment (Document ID No. OSM-2017-0001-0006). We did not receive 
comments from the ACHP or SHPO.

V. OSMRE's Decision

    Based on the above findings, we are approving Montana's amendment 
that was submitted on February 27, 2017.
    To implement this decision, we are amending the Federal 
regulations, at 30 CFR part 926 that codify decisions concerning the 
Montana program. In accordance with the Administrative Procedure Act, 
this rule will take effect 30 days after the date of publication. 
Section 503(a) of SMCRA requires that the State's program demonstrate 
that the State has the capability of carrying out the provisions of the 
Act and meeting its purposes. SMCRA requires consistency of State and 
Federal standards.

VI. Procedural Determinations

Executive Order 12630--Governmental Actions and Interference With 
Constitutionally Protected Property Rights

    This rule would not effect a taking of private property or 
otherwise have taking implications that would result in public property 
taken for government use without just compensation under the law. 
Therefore, a takings implication assessment is not required. This 
determination is based on an analysis of the corresponding Federal 
regulations.

Executive Order 12866--Regulatory Planning and Review and 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

[[Page 58050]]

rules. Pursuant to OMB guidance, dated October 12, 1993, the approval 
of State program amendments is exempted from OMB review under Executive 
Order 12866. Executive Order 13563, which reaffirms and supplements 
Executive Order 12866, retains this exemption.

Executive Order 13771--Reducing Regulation and Controlling Regulatory 
Costs

    State program amendments are not regulatory actions under Executive 
Order 13771 because they are exempt from review under Executive Order 
12866.

Executive Order 12988--Civil Justice Reform

    The Department of the Interior has reviewed this rule as required 
by section 3(a) of Executive Order 12988. The Department determined 
that this Federal Register document meets the criteria of Section 3 of 
Executive Order 12988, which is intended to ensure that the agency 
review its legislation and proposed regulations to eliminate drafting 
errors and ambiguity; that the agency write its legislation and 
regulations to minimize litigation; and that the agency's legislation 
and regulations provide a clear legal standard for affected conduct 
rather than a general standard, and promote simplification and burden 
reduction. Because Section 3 focuses on the quality of Federal 
legislation and regulations, the Department limited its review under 
this Executive Order to the quality of this Federal Register document 
and to changes to the Federal regulations. The review under this 
Executive Order did not extend to the language of the State regulatory 
program or to the program amendment that the State of Montana drafted.

Executive Order 13132--Federalism

    This rule is not a ``[p]olicy that [has] Federalism implications'' 
as defined by section 1(a) of Executive Order 13132 because it does not 
have ``substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.'' 
Instead, this rule approves an amendment to the Montana program 
submitted and drafted by that State. OSMRE reviewed the submission with 
fundamental federalism principles in mind as set forth in Sections 2 
and 3 of the Executive Order and with the principles of cooperative 
federalism set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As such, 
pursuant to section 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) and (7)), 
OSMRE reviewed the program amendment to ensure that it is ``in 
accordance with'' the requirements of SMCRA and ``consistent with'' the 
regulations issued by the Secretary pursuant to SMCRA.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Tribes through a commitment 
to consultation with Tribes and recognition of their right to self-
governance and tribal sovereignty. We have evaluated this rule under 
the Department's consultation policy and under the criteria in 
Executive Order 13175, and have determined that it has no substantial 
direct effects on federally recognized Tribes or on the distribution of 
power and responsibilities between the Federal government and Tribes. 
Therefore, consultation under the Department's tribal consultation 
policy is not required. The basis for this determination is that our 
decision is on the Montana program that does not include Tribal lands 
or regulation of activities on Tribal lands. Tribal lands are regulated 
independently under the applicable, approved Federal program.

Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Executive Order 13211 requires agencies to prepare a Statement of 
Energy Effects for a rulemaking that is (1) considered significant 
under Executive Order 12866, and (2) likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Because 
this rule is exempt from review under Executive Order 12866 and is not 
a significant energy action under Executive Order 13211, a Statement of 
Energy Effects is not required.

Executive Order 13405--Protection of Children From Environmental Health 
Risks and Safety Risks

    This rule is not subject to Executive Order 13405, because this is 
not an economically significant regulatory action as defined by 
Executive Order 12866; and this action does not address environmental 
health or safety risks disproportionately affecting children.
National Environmental Policy Act
    Consistent with Sections 501(a) and 702(d) of SMCRA (30 U.S.C. 
1251(a) and (d), respectively) and the U.S. Department of the Interior 
Departmental Manual, Part 516 Section 13.5(A), State program amendments 
are not major Federal actions within the meaning of section 102(2)(C) 
of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)).

National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary consensus 
standards in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. (OMB 
Circular A-119 at p. 14). This action is not subject to the 
requirements of Section 12(d) of the NTAA because application of those 
requirements would be inconsistent with SMCRA.

Paperwork Reduction Act

    This rule does not include requests and requirements of an 
individual, partnership, or corporation to obtain information and 
report it to a Federal agency. As this rule does not contain 
information collection requirements, a submission to OMB under the 
Paperwork Reduction Act (44 U.S.C. 3507 et seq.) is not required.

Regulatory Flexibility Act

    This rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). The State submittal, which is the subject 
of this rule, is based upon corresponding Federal regulations for which 
an economic analysis was prepared and certification made that such 
regulations would not have a significant economic effect upon a 
substantial number of small entities. In making the determination as to 
whether this rule would have a significant economic impact, the 
Department relied upon the data and assumptions for the corresponding 
Federal regulations.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule: (a) Does not 
have an annual effect on the economy of $100 million; (b) will not 
cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, or local government agencies, or geographic 
regions; and (c) does not have significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises. This

[[Page 58051]]

determination is based on an analysis of the corresponding Federal 
regulations, which were determined not to constitute a major rule.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on State, local, or 
Tribal governments, or the private sector of $100 million per year. 
This rule does not have a significant or unique effect on State, local, 
or Tribal governments or the private sector. This determination is 
based on an analysis of the corresponding Federal regulations, which 
were determined not to impose an unfunded mandate. Therefore, a 
statement containing the information required by the Unfunded Mandates 
Reform Act (2 U.S.C. 1531 et seq.) is not required.

List of Subjects in 30 CFR Part 926

    Intergovernmental relations, Surface mining, Underground mining.

    Dated August 30, 2019
David Berry,
Director, Unified Regions 5, 7, 8, 9, 10, 11.

    For the reasons set out in the preamble, 30 CFR part 926 is amended 
as set forth below:

PART 926--MONTANA

0
1. The authority citation for part 926 continues to read as follows:

    Authority:  30 U.S.C. 1201 et seq.


0
2. Section 926.15 is amended in the table by adding an entry in 
chronological order by ``Date of final publication'' to read as 
follows:


Sec.  926.15   Approval of Montana regulatory program amendments.

* * * * *

------------------------------------------------------------------------
 Original amendment submission    Date of final
              date                 publication     Citation/description
------------------------------------------------------------------------
 
                              * * * * * * *
February 27, 2017..............      10/30/2019  Mont. Code Ann. 82-4-
                                                  207 In situ
                                                  gasification
                                                  rulemaking ARM
                                                  17.24.902, 17.24.903,
                                                  and 17.24.905, In situ
                                                  gasification.
------------------------------------------------------------------------

[FR Doc. 2019-23514 Filed 10-29-19; 8:45 am]
 BILLING CODE 4310-05-P
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