Montana Regulatory Program, 33018-33020 [2023-10492]
Download as PDF
33018
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
information from public review, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by 4
p.m., EDT on June 7, 2023. If you are
disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
IV. Statutory and Executive Order
Reviews
lotter on DSK11XQN23PROD with PROPOSALS1
List of Subjects in 30 CFR Part 917
Intergovernmental relations, Surface
mining, Underground mining.
Thomas D. Shope,
Regional Director, North Atlantic—
Appalachian Region.
[FR Doc. 2023–10822 Filed 5–22–23; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance dated
October 12, 1993, the approval of State
program amendments is exempted from
OMB review under Executive Order
12866. Executive Order 13563, which
reaffirms and supplements Executive
Order 12866, retains this exemption.
Jkt 259001
30 CFR Part 926
[SATS No. MT–040–FOR; Docket ID: OSM–
2023–0001; S1D1S SS08011000 SX064A000
231S180110; S2D2S SS08011000
SX064A000 23XS501520]
Montana Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a
proposed amendment to the Montana
regulatory program (hereinafter, the
Montana program) under the Surface
Mining Control and Reclamation Act of
1977 (SMCRA or the Act). During the
2019 legislative session, Montana
updated its Montana Strip and
Underground Mine Reclamation Act
and Montana Code Annotated.
Accordingly, Montana submitted this
proposed amendment to OSMRE on its
own initiative. The proposed
amendment requires a permit
applicant’s compliance information to
SUMMARY:
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
16:36 May 22, 2023
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.
Office of Surface Mining Reclamation
and Enforcement
Public Meeting
VerDate Sep<11>2014
Other Laws and Executive Orders
Affecting Rulemaking
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
be updated and approved if a
bankruptcy or reorganization results in
a change of ownership for the applicant.
Furthermore, the proposed amendment
requires permit owners to provide
financial assurance for employee
pensions. Lastly, Montana proposes a
typographical correction.
This document gives the times and
locations that the Montana program and
this proposed amendment to that
program are available for your
inspection, the comment period during
which you may submit written
comments on the amendment, and the
procedures that we will follow for the
public hearing, if one is requested.
DATES: We will accept written
comments on this amendment until 4:00
p.m., Mountain Daylight Time (MDT),
June 22, 2023. If requested, we may hold
a public hearing or meeting on the
amendment on June 20, 2023. We will
accept requests to speak at a hearing
until 4:00 p.m., MDT on June 7, 2023.
ADDRESSES: You may submit comments,
identified by SATS No. MT–040–FOR,
by any of the following methods:
• Mail/Hand Delivery: OSMRE, Attn:
Jeffrey Fleischman, P.O. Box 11018, 100
East B Street, Room 4100, Casper,
Wyoming 82602.
• Fax: (307) 261–6552.
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID: OSM–2023–0001. If you would like
to submit comments, go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
review copies of the Montana program,
this amendment, a listing of any
scheduled public hearings or meetings,
and all written comments received in
response to this document, you must go
to the address listed below during
normal business hours, Monday through
Friday, excluding holidays. You may
receive one free copy of the amendment
by contacting OSMRE’s Casper Field
Office or the full text of the program
amendment is available for you to read
at www.regulations.gov.
Attn: Jeffrey Fleischman, Field Office
Director, Office of Surface Mining
Reclamation and Enforcement, 100 East
B Street, Casper, Wyoming 8260
Telephone: (307) 261–6550, Email:
jfleischman@osmre.gov.
E:\FR\FM\23MYP1.SGM
23MYP1
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Attn: Dan Walsh, Mining Bureau
Chief, Coal and Opencut Mining
Bureau, Department of Environmental
Quality, P.O. Box 200901, Helena, MT
59601–0901, Telephone: (406) 444–
6791, Email: dwalsh@mt.gov.
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:
jfleischman@osmre.gov.
SUPPLEMENTARY INFORMATION:
I. Background on the Montana Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Statutory and Executive Order Reviews
lotter on DSK11XQN23PROD with PROPOSALS1
I. Background on the Montana Program
Subject to OSMRE’s oversight, Section
503(a) of the Act permits a State to
assume primacy for the regulation of
surface coal mining and reclamation
operations on non-Federal and nonIndian lands within its borders by
demonstrating that its approved, State
program includes, among other things,
State laws and regulations that govern
surface coal mining and reclamation
operations in accordance with the Act
and consistent with the Federal
regulations. See 30 U.S.C. 1253(a)(1)
and (7).
On the basis of these criteria, the
Secretary of the Interior approved the
Montana program on October 24, 1980.
You can find background information
on the Montana program, including the
Secretary’s findings, the disposition of
comments, and conditions of approval
of the Montana program a in the October
24, 1980, Federal Register (45 FR
70445). You can also find later actions
concerning the Montana program and
program amendments at 30 CFR 926.25.
II. Description of the Proposed
Amendment
By letter dated February 16, 2023
(Administrative Record No. MT–040–
01), Montana sent us an amendment to
its program under SMCRA (30 U.S.C.
1201 et seq.). We found Montana’s
proposed amendment to be
administratively complete on February
17, 2023. Montana submitted the
proposed amendment to us, on its own
volition, following changes to its
statutes in 2019. During the 2019
legislative session, the Montana
legislature passed Senate Bill 201 (SB
201). SB 201 updated the Montana Strip
and Underground Mine Reclamation
Act and § 82–4–222, Montana Code
Annotated (MCA).
VerDate Sep<11>2014
16:36 May 22, 2023
Jkt 259001
Montana first proposes to add
language, at MCA 82–4–222(1)(g)(i), that
would require an applicant for a permit
to update their ownership or
compliance history with the Montana
Department of Environmental Quality
(DEQ) if bankruptcy or reorganization
results in changes to ownership parties
specified in this section. The proposed
language also requires that DEQ approve
these changes.
Second, the amendment proposes to
add language, at MCA 82–4–
222(1)(g)(iii), that would require the
DEQ to develop rules for permit owners
to provide bonding or other financial
assurance necessary to meet their
financial obligations for employee
pensions and reclamation obligations.
Furthermore, operators are prohibited
from passing associated costs onto
purchasers who are dependent on the
operator to generate electricity for
customers. Lastly, Montana proposes a
typographical correction at MCA 82–4–
222(1)(q). The full text of the program
and/or plan amendment is available for
you to read at the locations listed above
under ADDRESSES or at
www.regulations.gov.
III. Public Comment Procedures
Under the provisions of 30 CFR
732.17(h), we are seeking your
comments on whether the amendment
satisfies the applicable program
approval criteria of 30 CFR 732.15. If we
approve the amendment, it will become
part of the State program.
Electronic or Written Comments
If you submit written or electronic
comments on the proposed rule during
the 30-day comment period, they should
be specific, confined to issues pertinent
to the proposed regulations, and explain
the reason for any recommended
change(s). We appreciate any and all
comments, but those most useful and
likely to influence decisions on the final
regulations will be those that either
involve personal experience or include
citations to and analyses of SMCRA, its
legislative history, its implementing
regulations, case law, other pertinent
State or Federal laws or regulations,
technical literature, or other relevant
publications.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than those listed (see ADDRESSES)
will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
33019
comment, you should be aware that
your entire comment including your
personal identifying information, may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Public Hearing
If you wish to speak at the public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT by
4:00 p.m., MDT on June 7, 2023. If you
are disabled and need reasonable
accommodations to attend a public
hearing, contact the person listed under
FOR FURTHER INFORMATION CONTACT. We
will arrange the location and time of the
hearing with those persons requesting
the hearing. If no one requests an
opportunity to speak, we will not hold
a hearing.
To assist the transcriber and ensure an
accurate record, we request, if possible,
that each person who speaks at the
public hearing provide us with a written
copy of his or her comments. The public
hearing will continue on the specified
date until everyone scheduled to speak
has been given an opportunity to be
heard. If you are in the audience and
have not been scheduled to speak and
wish to do so, you will be allowed to
speak after those who have been
scheduled. We will end the hearing after
everyone scheduled to speak and others
present in the audience who wish to
speak, have been heard.
Public Meeting
If only one person requests an
opportunity to speak, we may hold a
public meeting rather than a public
hearing. If you wish to meet with us to
discuss the amendment, please request
a meeting by contacting the person
listed under FOR FURTHER INFORMATION
CONTACT. All such meetings are open to
the public and, if possible, we will post
notices of meetings at the locations
listed under ADDRESSES. We will make
a written summary of each meeting a
part of the administrative record.
IV. Statutory and Executive Order
Reviews
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs in the Office of Management and
Budget (OMB) will review all significant
rules. Pursuant to OMB guidance, dated
October 12, 1993, the approval of State
E:\FR\FM\23MYP1.SGM
23MYP1
33020
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
program amendments is exempted from
OMB review under Executive Order
12866. Executive Order 13563, which
reaffirms and supplements Executive
Order 12866, retains this exemption.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 926
State regulatory program approval,
State-federal cooperative agreement,
Required program amendments.
David A. Berry,
Regional Director, Unified Regions 5, 7–11.
[FR Doc. 2023–10492 Filed 5–22–23; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 938
[SATS No. PA–174–FOR; Docket ID: OSM–
2021–0007; S1D1S SS08011000 SX064A000
223S180110; S2D2S SS08011000
SX064A000 22XS501520
Pennsylvania Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment
period and opportunity for public
hearing on proposed amendment.
AGENCY:
We, the Office of Surface
Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a
proposed amendment to the
Pennsylvania regulatory program
(hereinafter, the Pennsylvania program)
under the Surface Mining Control and
Reclamation Act of 1977 (SMCRA or the
Act). Through this proposed
amendment, Pennsylvania is requesting
to adopt changes to its regulations
related to the language defining
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:36 May 22, 2023
Jkt 259001
‘‘minimal-impact post-mining
discharge’’ and the addition of
‘‘minimal-impact post-mining
discharge’’ as a subset in the definition
of post-mining pollutional discharge.
This document gives the times and
locations that the Pennsylvania program
and this proposed amendment to that
program are available for your
inspection, the comment period during
which you may submit written
comments on the amendment, and the
procedures that we will follow for the
public hearing, if one is requested.
DATES: We will accept written
comments on this amendment until 4
p.m., Eastern Daylight Time (EDT), June
22, 2023. If requested, we may hold a
public hearing or meeting on the
amendment on June 20, 2023. We will
accept requests to speak at a hearing
until 4 p.m., EDT on June 7, 2023.
ADDRESSES: You may submit comments,
identified by SATS No. PA–174–FOR,
Docket ID: OSM–2021–0007, by any of
the following methods:
• Mail/Hand Delivery: Ben Owens,
Acting Field Office Director, Pittsburgh
Field Office, 3 Parkway Center South,
2nd Floor, Pittsburgh, PA, 15220.
• Fax: (412) 937–2177
• Federal eRulemaking Portal: The
amendment has been assigned Docket
ID: OSM–2021–0007. If you would like
to submit comments go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: To access the docket to
review copies of the Pennsylvania
regulatory 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
Pittsburgh Field Office or the full text of
the program amendment is available for
you to read at https://
www.regulations.gov.
Ben Owens, Acting Pittsburgh Field
Office Director, Office of Surface
Mining Reclamation and
Enforcement, 3 Parkway Center Drive
South, 2nd Floor, Pittsburgh, PA
15220, Telephone: (412) 937–2827,
Email: bowens@osmre.gov
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
In addition, you may review a copy of
the amendment during regular business
hours at the following location:
Pennsylvania Department of
Environmental Protection, Bureau of
Mining Programs, Rachel Carson State
Office Building, P.O. Box 8461,
Harrisburg, PA 17105–8461
FOR FURTHER INFORMATION CONTACT: Ben
Owens, Office of Surface Mining
Reclamation and Enforcement, 3
Parkway Center Drive South, 2nd Floor,
Pittsburgh, PA 15220 Telephone: (412)
937–2827. Email: bowens@osmre.gov .
SUPPLEMENTARY INFORMATION:
I. Background on the Pennsylvania Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Statutory Orders and Executive Reviews
I. Background on the Pennsylvania
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
Pennsylvania program on July 30, 1982.
You can find background information
on the Pennsylvania program, including
the Secretary’s findings, the disposition
of comments, and conditions of
approval of the Pennsylvania program
in the July 30, 1982, Federal Register
(47 FR 33050). You can also find later
actions concerning the Pennsylvania
program and program amendments at 30
CFR 938.11, 938.12, 938.13, 938.15, and
938.16.
II. Description of the Proposed
Amendment
By letter dated November 15, 2021,
(Administrative Record No. PA 908.00),
Pennsylvania sent us an amendment to
its program under SMCRA (30 U.S.C.
1201 et seq.).
The proposed amendment includes
changes to the Pennsylvania regulatory
program regulations. The following
chapters are revised: 52 P.S. 1396
section 4, Subsections (g.1)(g.2) and
(g.3), definition relating to MinimalImpact Post-mining discharge and
definition of Post-mining pollution
discharge. In a letter dated December 23,
2003, Pennsylvania requested that we
remove the statutory provisions of
1396.4(g.1), (g.2), and (g.3) from the PA–
E:\FR\FM\23MYP1.SGM
23MYP1
Agencies
[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Proposed Rules]
[Pages 33018-33020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10492]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No. MT-040-FOR; Docket ID: OSM-2023-0001; S1D1S SS08011000
SX064A000 231S180110; S2D2S SS08011000 SX064A000 23XS501520]
Montana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; public comment period and opportunity for public
hearing on proposed amendment.
-----------------------------------------------------------------------
SUMMARY: We, the Office of Surface Mining Reclamation and Enforcement
(OSMRE), are announcing receipt of a proposed amendment to the Montana
regulatory program (hereinafter, the Montana program) under the Surface
Mining Control and Reclamation Act of 1977 (SMCRA or the Act). During
the 2019 legislative session, Montana updated its Montana Strip and
Underground Mine Reclamation Act and Montana Code Annotated.
Accordingly, Montana submitted this proposed amendment to OSMRE on its
own initiative. The proposed amendment requires a permit applicant's
compliance information to be updated and approved if a bankruptcy or
reorganization results in a change of ownership for the applicant.
Furthermore, the proposed amendment requires permit owners to provide
financial assurance for employee pensions. Lastly, Montana proposes a
typographical correction.
This document gives the times and locations that the Montana
program and this proposed amendment to that program are available for
your inspection, the comment period during which you may submit written
comments on the amendment, and the procedures that we will follow for
the public hearing, if one is requested.
DATES: We will accept written comments on this amendment until 4:00
p.m., Mountain Daylight Time (MDT), June 22, 2023. If requested, we may
hold a public hearing or meeting on the amendment on June 20, 2023. We
will accept requests to speak at a hearing until 4:00 p.m., MDT on June
7, 2023.
ADDRESSES: You may submit comments, identified by SATS No. MT-040-FOR,
by any of the following methods:
Mail/Hand Delivery: OSMRE, Attn: Jeffrey Fleischman, P.O.
Box 11018, 100 East B Street, Room 4100, Casper, Wyoming 82602.
Fax: (307) 261-6552.
Federal eRulemaking Portal: The amendment has been
assigned Docket ID: OSM-2023-0001. If you would like to submit
comments, go to https://www.regulations.gov. Follow the instructions for
submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the Montana
program, this amendment, a listing of any scheduled public hearings or
meetings, and all written comments received in response to this
document, you must go to the address listed below during normal
business hours, Monday through Friday, excluding holidays. You may
receive one free copy of the amendment by contacting OSMRE's Casper
Field Office or the full text of the program amendment is available for
you to read at www.regulations.gov.
Attn: Jeffrey Fleischman, Field Office Director, Office of Surface
Mining Reclamation and Enforcement, 100 East B Street, Casper, Wyoming
8260 Telephone: (307) 261-6550, Email: [email protected].
[[Page 33019]]
In addition, you may review a copy of the amendment during regular
business hours at the following location:
Attn: Dan Walsh, Mining Bureau Chief, Coal and Opencut Mining
Bureau, Department of Environmental Quality, P.O. Box 200901, Helena,
MT 59601-0901, Telephone: (406) 444-6791, Email: [email protected].
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:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background on the Montana Program
II. Description of the Proposed Amendment
III. Public Comment Procedures
IV. Statutory and Executive Order Reviews
I. Background on the Montana Program
Subject to OSMRE's oversight, Section 503(a) of the Act permits a
State to assume primacy for the regulation of surface coal mining and
reclamation operations on non-Federal and non-Indian lands within its
borders by demonstrating that its approved, State program includes,
among other things, State laws and regulations that govern surface coal
mining and reclamation operations in accordance with the Act and
consistent with the Federal regulations. See 30 U.S.C. 1253(a)(1) and
(7).
On the basis of these criteria, the Secretary of the Interior
approved the Montana program on October 24, 1980. You can find
background information on the Montana program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Montana program a in the October 24, 1980, Federal
Register (45 FR 70445). You can also find later actions concerning the
Montana program and program amendments at 30 CFR 926.25.
II. Description of the Proposed Amendment
By letter dated February 16, 2023 (Administrative Record No. MT-
040-01), Montana sent us an amendment to its program under SMCRA (30
U.S.C. 1201 et seq.). We found Montana's proposed amendment to be
administratively complete on February 17, 2023. Montana submitted the
proposed amendment to us, on its own volition, following changes to its
statutes in 2019. During the 2019 legislative session, the Montana
legislature passed Senate Bill 201 (SB 201). SB 201 updated the Montana
Strip and Underground Mine Reclamation Act and Sec. 82-4-222, Montana
Code Annotated (MCA).
Montana first proposes to add language, at MCA 82-4-222(1)(g)(i),
that would require an applicant for a permit to update their ownership
or compliance history with the Montana Department of Environmental
Quality (DEQ) if bankruptcy or reorganization results in changes to
ownership parties specified in this section. The proposed language also
requires that DEQ approve these changes.
Second, the amendment proposes to add language, at MCA 82-4-
222(1)(g)(iii), that would require the DEQ to develop rules for permit
owners to provide bonding or other financial assurance necessary to
meet their financial obligations for employee pensions and reclamation
obligations. Furthermore, operators are prohibited from passing
associated costs onto purchasers who are dependent on the operator to
generate electricity for customers. Lastly, Montana proposes a
typographical correction at MCA 82-4-222(1)(q). The full text of the
program and/or plan amendment is available for you to read at the
locations listed above under ADDRESSES or at www.regulations.gov.
III. Public Comment Procedures
Under the provisions of 30 CFR 732.17(h), we are seeking your
comments on whether the amendment satisfies the applicable program
approval criteria of 30 CFR 732.15. If we approve the amendment, it
will become part of the State program.
Electronic or Written Comments
If you submit written or electronic comments on the proposed rule
during the 30-day comment period, they should be specific, confined to
issues pertinent to the proposed regulations, and explain the reason
for any recommended change(s). We appreciate any and all comments, but
those most useful and likely to influence decisions on the final
regulations will be those that either involve personal experience or
include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent State or
Federal laws or regulations, technical literature, or other relevant
publications.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than those
listed (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., MDT on June
7, 2023. If you are disabled and need reasonable accommodations to
attend a public hearing, contact the person listed under FOR FURTHER
INFORMATION CONTACT. We will arrange the location and time of the
hearing with those persons requesting the hearing. If no one requests
an opportunity to speak, we will not hold a hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at the public hearing
provide us with a written copy of his or her comments. The public
hearing will continue on the specified date until everyone scheduled to
speak has been given an opportunity to be heard. If you are in the
audience and have not been scheduled to speak and wish to do so, you
will be allowed to speak after those who have been scheduled. We will
end the hearing after everyone scheduled to speak and others present in
the audience who wish to speak, have been heard.
Public Meeting
If only one person requests an opportunity to speak, we may hold a
public meeting rather than a public hearing. If you wish to meet with
us to discuss the amendment, please request a meeting by contacting the
person listed under FOR FURTHER INFORMATION CONTACT. All such meetings
are open to the public and, if possible, we will post notices of
meetings at the locations listed under ADDRESSES. We will make a
written summary of each meeting a part of the administrative record.
IV. Statutory and Executive Order Reviews
Executive Order 12866--Regulatory Planning and Review and Executive
Order 13563--Improving Regulation and Regulatory Review
Executive Order 12866 provides that the Office of Information and
Regulatory Affairs in the Office of Management and Budget (OMB) will
review all significant rules. Pursuant to OMB guidance, dated October
12, 1993, the approval of State
[[Page 33020]]
program amendments is exempted from OMB review under Executive Order
12866. Executive Order 13563, which reaffirms and supplements Executive
Order 12866, retains this exemption.
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require us to publish a notice in the
Federal Register indicating receipt of the proposed amendment, its text
or a summary of its terms, and an opportunity for public comment. We
conclude our review of the proposed amendment after the close of the
public comment period and determine whether the amendment should be
approved, approved in part, or not approved. At that time, we will also
make the determinations and certifications required by the various laws
and executive orders governing the rulemaking process and include them
in the final rule.
List of Subjects in 30 CFR Part 926
State regulatory program approval, State-federal cooperative
agreement, Required program amendments.
David A. Berry,
Regional Director, Unified Regions 5, 7-11.
[FR Doc. 2023-10492 Filed 5-22-23; 8:45 am]
BILLING CODE 4310-05-P