Montana Regulatory Program, 52084-52086 [2023-16848]
Download as PDF
52084
Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Proposed Rules
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.
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
Intergovernmental relations, Surface
mining, Underground mining.
David Berry,
Regional Director, Western Region.
[FR Doc. 2023–16847 Filed 8–4–23; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 926
[SATS No. MT–042–FOR; Docket ID: OSM–
2023–0007; S1D1S SS08011000 SX064A000
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.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
2023 legislative session, the Montana
SUMMARY:
VerDate Sep<11>2014
17:11 Aug 04, 2023
Jkt 259001
legislature passed House Bill 576 (HB
576), amending the Montana Strip and
Underground Mine Reclamation Act as
well as the Montana Code Annotated
(MCA). Accordingly, Montana
submitted this proposed amendment to
OSMRE on its own initiative. Montana’s
proposal amends the definition of
‘‘Material Damage,’’ by changing the
requirements for what is considered
‘‘Material Damage’’ to the hydrologic
balance. Montana’s proposal also
amends permit requirements for mine
operations related to hydrologic
information. The amendment removes
the requirement that a permit applicant
must submit hydrologic information to
the Montana Depart of Environmental
Quality (DEQ) before DEQ approves the
permit application. Lastly, HB 576 adds
four contingencies to the proposed
amendments of the MCA: a severability
clause, a contingent voidness clause, an
effective date clause, and a retroactive
applicability clause.
This document gives the times and
locations that the Montana program and
this proposed amendment to the
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., M.D.T, September 6, 2023. If
requested, we may hold a public hearing
or meeting on the amendment on
September 1, 2023. We will accept
requests to speak at a hearing until 4:00
p.m., M.D.T. on August 22, 2023.
ADDRESSES: You may submit comments,
identified by SATS No. MT–042–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–2023–0007. If you would like
to submit comments, go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than the ones listed above will be
included in the docket for this
rulemaking and considered.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
‘‘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
82602, Telephone: (307) 261–6550,
Email: jfleischman@osmre.gov
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. Procedural Determinations
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 in the October
E:\FR\FM\07AUP1.SGM
07AUP1
Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
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 June 1, 2023
(Administrative Record No. MT–042–
01), Montana sent us an amendment to
its program under SMCRA (30 U.S.C.
1201 et seq.). We found Montana’s
proposed amendment to be
administratively complete on June 5,
2023. Montana submitted this proposed
amendment to us, of its own volition,
following the passage of Montana House
Bill 576 (HB 756) during the 2023
legislative session. HB 576 amends the
Montana Strip and Underground Mine
Reclamation Act as well as § 82–4–203
and § 82–4–222 of MCA. HB 576 also
adds four contingencies that apply to
the proposed amendments.
First, Montana proposes several
changes to § 82–4–203(32), which
defines and describes ‘‘Material
Damage.’’ Currently, this section
dictates how ‘‘Material Damage’’ applies
to the protection of the hydrologic
balance. Montana now proposes to
create three sub sections under § 82–4–
203(32) and will explain how ‘‘Material
Damage’’ applies to each.
Proposed subsection § 82–4–
203(32)(a) would create two
requirements for an action or inaction to
be considered ‘‘Material Damage’’ to the
hydrologic balance. The first
requirement is that the coal mining
operation cause significant, lasting or
permanent, adverse changes to water
quality or quantity that affect the
beneficial uses of, and rights to, the
water outside the permit area. This
requirement incorporates § 82–4–
203(32)’s current language, but with
modifications. Montana proposes to
replace the phrase ‘‘degradation or
reduction’’ with ‘‘significant long term
or permanent adverse change.’’ Montana
also removes violations of water quality
standards, regardless of whether an
existing water use is affected, from the
definition of ‘‘Material Damage.’’ The
second requirement for an action or
inaction to be considered ‘‘Material
Damage’’ to the hydrologic balance is
that a coal mining or reclamation
operation cause a lasting or permanent
exceedance of a water quality standard
outside a permit area. There is an
exception to this second requirement for
water bodies whose water quality
standard is stricter than the baseline
conditions the DEQ determines when
assessing an operation’s cumulative
hydrologic impacts. For those water
bodies, this requirement is instead met
VerDate Sep<11>2014
17:11 Aug 04, 2023
Jkt 259001
if the coal mining and reclamation
operation causes an adverse effect to
land use, beneficial uses of water, or
water rights.
Proposed subsection § 82–4–
203(32)(b) would apply when
determining if an alluvial valley floor is
‘‘Materially Damaged.’’ Montana
proposes to modify the definition of
‘‘Material Damage’’ by adding language
that accounts for the degradation or a
reduction of water quality or quantity
supplied to an alluvial valley floor by a
coal mining and reclamation operation,
but only if those actions or inactions
significantly decrease the alluvial valley
floor’s ability to support agricultural
activities.
Proposed subsection § 82–4–
203(32)(c) would apply when
determining if subsidence caused by
underground coal mines is ‘‘Material
Damage.’’ Subsidence caused by
underground coal mines would
constitute ‘‘Material Damage,’’ when
there are significant impairments to
surface lands, features, and structures;
physical changes that have significant
adverse effects on a lands current and
reasonably foreseeable uses, production,
or income; or when there is any
significant change to a structure’s presubsidence condition, appearance, or
utility.
Next, Montana proposes to amend its
coal mine operation permit
requirements related to hydrologic
information by removing two sentences
from § 82–4–222(1)(m). The first
sentence states that the DEQ is not
required to determine the probable
hydrologic consequences of a coal
mining and reclamation operation until
the coal mining permit applicant
submits the necessary hydrologic
information to DEQ. The second
sentence prohibits the DEQ from
approving a coal mining permit
application until the coal mining
operation provides necessary hydrologic
information to the DEQ.
Lastly, HB 576 adds four
contingencies to the proposed
amendments of § 82–4–203(32) and
§ 82–4–222(1)(m) that are not codified
into the MCA but apply to the amended
sections. Section 4 of HB 576 states that
if any or all parts of HB 576 is found
invalid, any parts found valid will
remain in effect. Section 5 of HB 576
states that if the Secretary of the Interior
disapproves any provision of the HB
576, then that portion is void. Section
6 of HB 576 states that HB 576 is
effective upon passage and approval.
Lastly, Section 7 of HB 576 states that
HB 576 applies retroactively to actions
for judicial review or other actions
challenging permits, amendments,
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52085
license, arbitration, action, certificate, or
inspection that are pending on or after
the effective date.
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 August 22, 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
E:\FR\FM\07AUP1.SGM
07AUP1
52086
Federal Register / Vol. 88, No. 150 / Monday, August 7, 2023 / Proposed Rules
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. Procedural Determinations
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 and/or AML plan amendments
is exempted from OMB review under
Executive Order 12866. Executive Order
13563, which reaffirms and
supplements Executive Order 12866,
retains this exemption.
ddrumheller on DSK120RN23PROD with PROPOSALS1
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
17:11 Aug 04, 2023
Jkt 259001
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. 2023–16848 Filed 8–4–23; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 926
[SATS No. MT–043–FOR; Docket ID: OSM–
2023–0008; 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
2023 legislative session, the Montana
legislature passed Senate Bill 392 (SB
392), amending the Montana Strip and
Underground Mine Reclamation Act
(MSUMRA) as well as the Montana
Code Annotated (MCA). Accordingly,
Montana submitted this proposed
amendment to OSMRE on its own
initiative. Montana’s proposal adds a
provision for the equal application of
court costs to the prevailing party in
contested case proceedings by a court or
administrative agency that issues a
decision. The proposal also amends the
MCA to reference the equal application
of court costs in section1. Finally, the
proposal includes codification
instructions, a severability clause, an
effective date, and an applicability
statement. This document gives the
times and locations that the Montana
program and this proposed amendment
to the program are available for your
inspection, the comment period during
which you may submit written
comments on the amendment, and the
SUMMARY:
Executive Order 12866—Regulatory
Planning and Review and Executive
Order 13563—Improving Regulation
and Regulatory Review
VerDate Sep<11>2014
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.
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
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., M.D.T, September 6, 2023. If
requested, we may hold a public hearing
or meeting on the amendment on
September 1, 2023. We will accept
requests to speak at a hearing until 4:00
p.m., M.D.T. on August 22, 2023.
ADDRESSES: You may submit comments,
identified by SATS No. MT–043–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–2023–0008. If you would like
to submit comments, go to https://
www.regulations.gov. Follow the
instructions for submitting comments.
We cannot ensure that comments
received after the close of the comment
period (see DATES) or sent to an address
other than the ones listed above will be
included in the docket for this
rulemaking and considered.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to
review copies of the Montana program,
this amendment, a listing of any
scheduled public hearings or meetings,
and all written comments received in
response to this document, you must go
to the address listed below during
normal business hours, Monday through
Friday, excluding holidays. You may
receive one free copy of the amendment
by contacting OSMRE’s 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
82602, Telephone: (307) 261–6550,
Email: jfleischman@osmre.gov
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
E:\FR\FM\07AUP1.SGM
07AUP1
Agencies
[Federal Register Volume 88, Number 150 (Monday, August 7, 2023)]
[Proposed Rules]
[Pages 52084-52086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16848]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No. MT-042-FOR; Docket ID: OSM-2023-0007; S1D1S SS08011000
SX064A000 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 2023 legislative session, the Montana legislature passed House Bill
576 (HB 576), amending the Montana Strip and Underground Mine
Reclamation Act as well as the Montana Code Annotated (MCA).
Accordingly, Montana submitted this proposed amendment to OSMRE on its
own initiative. Montana's proposal amends the definition of ``Material
Damage,'' by changing the requirements for what is considered
``Material Damage'' to the hydrologic balance. Montana's proposal also
amends permit requirements for mine operations related to hydrologic
information. The amendment removes the requirement that a permit
applicant must submit hydrologic information to the Montana Depart of
Environmental Quality (DEQ) before DEQ approves the permit application.
Lastly, HB 576 adds four contingencies to the proposed amendments of
the MCA: a severability clause, a contingent voidness clause, an
effective date clause, and a retroactive applicability clause.
This document gives the times and locations that the Montana
program and this proposed amendment to the 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., M.D.T, September 6, 2023. If requested, we may hold a public
hearing or meeting on the amendment on September 1, 2023. We will
accept requests to speak at a hearing until 4:00 p.m., M.D.T. on August
22, 2023.
ADDRESSES: You may submit comments, identified by SATS No. MT-042-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-2023-0007. If you would like to submit
comments, go to https://www.regulations.gov. Follow the instructions for
submitting comments.
We cannot ensure that comments received after the close of the
comment period (see DATES) or sent to an address other than the ones
listed above will be included in the docket for this rulemaking and
considered.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. For detailed instructions on
submitting comments and additional information on the rulemaking
process, see the ``Public Comment Procedures'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to review copies of the Montana
program, this amendment, a listing of any scheduled public hearings or
meetings, and all written comments received in response to this
document, you must go to the address listed below during normal
business hours, Monday through Friday, excluding holidays. You may
receive one free copy of the amendment by contacting OSMRE's 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
82602, Telephone: (307) 261-6550, Email: [email protected]
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. Procedural Determinations
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 in the October
[[Page 52085]]
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 June 1, 2023 (Administrative Record No. MT-042-01),
Montana sent us an amendment to its program under SMCRA (30 U.S.C. 1201
et seq.). We found Montana's proposed amendment to be administratively
complete on June 5, 2023. Montana submitted this proposed amendment to
us, of its own volition, following the passage of Montana House Bill
576 (HB 756) during the 2023 legislative session. HB 576 amends the
Montana Strip and Underground Mine Reclamation Act as well as Sec. 82-
4-203 and Sec. 82-4-222 of MCA. HB 576 also adds four contingencies
that apply to the proposed amendments.
First, Montana proposes several changes to Sec. 82-4-203(32),
which defines and describes ``Material Damage.'' Currently, this
section dictates how ``Material Damage'' applies to the protection of
the hydrologic balance. Montana now proposes to create three sub
sections under Sec. 82-4-203(32) and will explain how ``Material
Damage'' applies to each.
Proposed subsection Sec. 82-4-203(32)(a) would create two
requirements for an action or inaction to be considered ``Material
Damage'' to the hydrologic balance. The first requirement is that the
coal mining operation cause significant, lasting or permanent, adverse
changes to water quality or quantity that affect the beneficial uses
of, and rights to, the water outside the permit area. This requirement
incorporates Sec. 82-4-203(32)'s current language, but with
modifications. Montana proposes to replace the phrase ``degradation or
reduction'' with ``significant long term or permanent adverse change.''
Montana also removes violations of water quality standards, regardless
of whether an existing water use is affected, from the definition of
``Material Damage.'' The second requirement for an action or inaction
to be considered ``Material Damage'' to the hydrologic balance is that
a coal mining or reclamation operation cause a lasting or permanent
exceedance of a water quality standard outside a permit area. There is
an exception to this second requirement for water bodies whose water
quality standard is stricter than the baseline conditions the DEQ
determines when assessing an operation's cumulative hydrologic impacts.
For those water bodies, this requirement is instead met if the coal
mining and reclamation operation causes an adverse effect to land use,
beneficial uses of water, or water rights.
Proposed subsection Sec. 82-4-203(32)(b) would apply when
determining if an alluvial valley floor is ``Materially Damaged.''
Montana proposes to modify the definition of ``Material Damage'' by
adding language that accounts for the degradation or a reduction of
water quality or quantity supplied to an alluvial valley floor by a
coal mining and reclamation operation, but only if those actions or
inactions significantly decrease the alluvial valley floor's ability to
support agricultural activities.
Proposed subsection Sec. 82-4-203(32)(c) would apply when
determining if subsidence caused by underground coal mines is
``Material Damage.'' Subsidence caused by underground coal mines would
constitute ``Material Damage,'' when there are significant impairments
to surface lands, features, and structures; physical changes that have
significant adverse effects on a lands current and reasonably
foreseeable uses, production, or income; or when there is any
significant change to a structure's pre-subsidence condition,
appearance, or utility.
Next, Montana proposes to amend its coal mine operation permit
requirements related to hydrologic information by removing two
sentences from Sec. 82-4-222(1)(m). The first sentence states that the
DEQ is not required to determine the probable hydrologic consequences
of a coal mining and reclamation operation until the coal mining permit
applicant submits the necessary hydrologic information to DEQ. The
second sentence prohibits the DEQ from approving a coal mining permit
application until the coal mining operation provides necessary
hydrologic information to the DEQ.
Lastly, HB 576 adds four contingencies to the proposed amendments
of Sec. 82-4-203(32) and Sec. 82-4-222(1)(m) that are not codified
into the MCA but apply to the amended sections. Section 4 of HB 576
states that if any or all parts of HB 576 is found invalid, any parts
found valid will remain in effect. Section 5 of HB 576 states that if
the Secretary of the Interior disapproves any provision of the HB 576,
then that portion is void. Section 6 of HB 576 states that HB 576 is
effective upon passage and approval. Lastly, Section 7 of HB 576 states
that HB 576 applies retroactively to actions for judicial review or
other actions challenging permits, amendments, license, arbitration,
action, certificate, or inspection that are pending on or after the
effective date.
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
August 22, 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
[[Page 52086]]
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. Procedural Determinations
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 program and/or AML plan 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. 2023-16848 Filed 8-4-23; 8:45 am]
BILLING CODE 4310-05-P