[Federal Register Volume 75, Number 142 (Monday, July 26, 2010)]
[Proposed Rules]
[Pages 43476-43478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18231]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No. MT-030-FOR; Docket ID No. OSM-2009-0007]
Montana Regulatory Program
AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening and extension of public comment period
on proposed amendment.
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SUMMARY: We are announcing receipt of revisions pertaining to a
previously proposed statutory amendment to the Montana regulatory
program (hereinafter, the ``Montana program'') under the Surface Mining
Control and Reclamation Act of 1977 (``SMCRA'' or ``the Act''). Montana
revised its original amendment proposal to remain consistent with SMCRA
and Office of Surface Mining Reclamation and Enforcement (``OSM'')
policy. The
[[Page 43477]]
revised amendment pertains to exempting certain small water treatment
and other facilities areas from the 10-year revegetation responsibility
period. Montana intends to revise its program to be consistent with
OSM's interpretation of SMCRA, clarify ambiguities, and to improve
operational efficiency.
DATES: We will accept written comments on this amendment until 4 p.m.,
[m.d.t.] August 25, 2010.
ADDRESSES: You may submit comments, identified by ``SATS No. MT-030-
FOR'' or ``Docket ID No. OSM-2009-0007,'' by any of the following
methods:
E-mail: [email protected]. Please include ``Docket ID No.
OSM-2009-0007'' in the subject line of the message.
Mail/Hand Delivery/Courier: Jeffrey Fleischman, Chief,
Casper Field Office, Office of Surface Mining, Reclamation and
Enforcement, Dick Cheney Federal Building POB 11018, 150 East B Street,
Casper, WY 82601-7032, (307) 261-6550.
Fax: (307) 261-6552.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions below for submitting comments.
Instructions: All submissions received must include the agency name
and Docket ID No. OSM-2009-0007. 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: Access to the docket, to review copies of the Montana
program, this amendment, a listing of any scheduled public hearings,
and all written comments received in response to this document, may be
obtained at the addresses listed below during normal business hours,
Monday through Friday, excluding holidays. You may receive one free
copy of the amendment by contacting Office of Surface Mining
Reclamation and Enforcement (OSM's) Casper Field Office. In addition,
you may review a copy of the amendment during regular business hours at
the following locations:
Jeffrey Fleischman, Chief, Casper Field Office, Office of Surface
Mining Reclamation and Enforcement, Dick Cheney Federal Building POB
11018, 150 East B Street, Casper, WY 82601-7032, (307) 261-6550,
[email protected].
Edward L. Coleman, Bureau Chief, Industrial and Energy Minerals
Bureau, Department of Environmental Quality, P.O. Box 200901, Helena,
MT 59620-0901, (406) 444-2544, [email protected].
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Casper Field
Office Director. Telephone: (307) 261-6550. Internet address:
[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
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 State program includes, among other things, ``a State law which
provides for the regulation of surface coal mining and reclamation
operations in accordance with the requirements of this Act * * *; and
rules and regulations consistent with regulations issued by the
Secretary pursuant to this Act.'' See 30 U.S.C. 1253(a)(1) and (7). On
the basis of these criteria, the Secretary of the Interior
conditionally approved the Montana program on April 1, 1980. You can
find background information on the Montana program, including the
Secretary's findings, the disposition of comments, and conditions of
approval of the Montana program in the April 1, 1980, Federal Register
(45 FR 21560). You can also find later actions concerning Montana's
program and program amendments at 30 CFR 926.15, 926.16, and 926.30.
II. Description of the Proposed Amendment
Montana originally proposed to revise MCA 82-4-235(2), (3), and
(4). These statutory provisions all pertain to revegetation and final
bond release. We announced receipt of the original proposed amendment
in the August 12, 2009, Federal Register (74 FR 40537), provided an
opportunity for a public hearing or meeting on its substantive
adequacy, and invited public comment on its adequacy (Document ID
OSM-2009-0007-0001; Administrative Record No. MT-27-05).
Because no one requested a public hearing or meeting, none was held.
The public comment period ended on September 11, 2009. We received
comments from one Federal agency and one private citizen.
During our review of the amendment, we identified concerns relating
to the proposed provisions of the Montana Code Annotated at 82-4-
235(3)(a), revegetation responsibility periods. We notified Montana of
our concerns by letter dated March 19, 2010 (Document ID OSM-
2009-0007-0006; Administrative Record No. MT-27-08). Montana responded
in a letter dated April 12, 2010, by submitting a revised amendment
proposal (Document ID OSM-2009-0007-0007; Administrative
Record No. MT-27-09).
OSM's concern with Montana's original proposal was that the
provision would have allowed different types of areas to be exempted
from the revegetation responsibility period than allowed under OSM's
interpretation of SMCRA 515(b)(20). OSM proposed a policy in 1993 to
allow State regulatory program amendments which would specify that
areas reclaimed following the removal of siltation structures and
associated diversions and access roads are not subject to a
revegetation responsibility period (58 FR 48333). This allows States to
elect to exclude these specific areas from the ten-year responsibility
period in order to process bond releases on logical increments or
permit areas as a whole. Sedimentation ponds and associated diversions
or other siltation structures which are prohibited from being removed
until two years after the last augmented seeding, fertilizing,
irrigation, or other work need not extend the responsibility period or
be divided out to have a separate responsibility period. The policy was
adopted on May 29, 1996 (61 FR 26792, 26796).
Montana has revised its proposed statutory language to be
consistent with this OSM policy and SMCRA. Proposed MCA 82-4-235(3)(a)
now reads:
(3)(a) Vegetative cover of water management facilities and other
support facilities composing no more than 10% of the area for which
bond release is sought is not subject to the 10-year responsibility
period. Water management facilities and other support facilities
include sedimentation ponds, diversions, other water management
structures, soils stockpiles, and access roads.
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 Montana program.
Electronic or Written Comments
If you submit written comments, 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
[[Page 43478]]
or include citations to and analyses of SMCRA, its legislative history,
its implementing regulations, case law, other pertinent Tribal 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 above (see ADDRESSES) will be included in the docket for this
rulemaking and considered.
Public Availability of Comments
Before including your address, phone number, e-mail 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 in the electronic docket
for this rulemaking at http://www.regulations.gov. While you can ask us
in your comment to withhold your personal identifying information from
public review, we cannot guarantee that we will be able to do so.
IV. Procedural Determinations
Executive Order 12866--Regulatory Planning and Review
This rule is exempted from review by the Office of Management and
Budget (OMB) under Executive Order 12866 (Regulatory Planning and
Review).
Other Laws and Executive Orders Affecting Rulemaking
When a State submits a program amendment to OSM 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.
Dated: May 18, 2010.
Allen D. Klein,
Director, Western Region.
[FR Doc. 2010-18231 Filed 7-23-10; 8:45 am]
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