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Montana Regulatory Program
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 6, 2007 (Volume 72, Number 24)]
[Proposed Rules]
[Page 5377-5380]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06fe07-16]
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DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation and Enforcement
30 CFR Part 926
[SATS No. MT-027-FOR]
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.
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SUMMARY: We are announcing receipt of a proposed amendment to the Montana
[[Page 5378]]
regulatory program (hereinafter, the ``Montana program'') under the
Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act).
Montana proposes revisions to and additions of rules about civil
penalties. These are based on legislation it recently passed. Montana
intends to revise its program to provide additional safeguards, clarify
ambiguities, and improve operational efficiency.
This document gives the times and locations that the Montana
program and 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.,
m.s.t. March 8, 2007. If requested, we will hold a public hearing on
the amendment on March 5, 2007. We will accept requests to speak until
4 p.m., m.s.t. on February 21, 2007.
ADDRESSES: You may submit comments, identified by the SATS number MT-
027-FOR:
? E-mail: JFleischman@osmre.gov. Include ``MT-027-FOR'' in
the subject line of the message.
? Mail/Hand Delivery/Courier: Jeffrey W. Fleischman,
Director, Casper Field Office, Office of Surface Mining Reclamation and
Enforcement, 150 East B Street, Room 1018, Casper, WY 82601-1018, 307/
261-6550, E-mail address: JFleischman@osmre.gov.
? Fax: 307/261-6552.
? Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and MT-027-FOR. 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's (OSM) Casper Field Office. In addition,
you may review a copy of the amendment during regular business hours at
the following locations:
Jeffrey W. Fleischman, Director, Casper Field Office, Office of Surface
Mining Reclamation and Enforcement, 150 East B Street, Room 1018,
Casper, WY 82601-1018, 307/261-6550, E-mail address:
JFleischman@osmre.gov.
Neil Harrington, Chief, Industrial and Energy Minerals Bureau, Montana
Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box
200901, Helena, MT 59620-0901, 406/444-4973, E-mail address:
NHarrington@state.mt.us.
FOR FURTHER INFORMATION CONTACT: Jeffrey Fleischman, Director, Casper
Field Office, Telephone: 307/261-6550, E-mail address:
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
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
By letter dated November 6, 2006, Montana sent us a proposed
amendment to its program, administrative record No. MT-24-1, under
SMCRA (30 U.S.C. 1201 et seq.). Montana sent the amendment to include
changes made at its own initiative. The full text of the program
amendment is available for you to read at the locations listed above
under ADDRESSES.
The provisions of the Administrative Rules of Montana (ARM) that
the State proposes to revise/add/delete are: ARM 17.24.1206, Notices,
Orders of Abatement and Cessation Orders: Issuance and Service; ARM
17.24.1211, Procedure for Assessment and Waiver of Civil Penalties; ARM
17.24.1212, Point System for Civil Penalties and Waivers; ARM
17.24.1218, Individual Civil Penalties: Amount; ARM 17.24.1219,
Individual Civil Penalties: Procedure for Assessment; ARM 17.24.1220,
Individual Civil Penalties: Payment; ARM 17.24.301, Purpose; ARM
17.24.302, Definitions; ARM 17.24.303, Base Penalty; ARM 17.24.304,
Adjusted Base Penalty--Circumstances, Good Faith and Cooperation,
Amounts Voluntarily Expended; ARM 17.24.305, Total Adjusted Penalty,
Days of Violation; ARM 17.24.306, Total Penalty--History of Violation,
Economic Benefit; ARM 17.24.307, Economic Benefit; and ARM 17.24.308,
Other Matters as Justice May Require.
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.
Written Comments
Send your written or electronic comments to OSM at the address
given above. Your comments should be specific, pertain only to the
issues proposed in this rulemaking, and include explanations in support
of your recommendations. We will not consider or respond to your
written comments when developing the final rule if they are received
after the close of the comment period (see Dates). We will make every
attempt to log all comments into the administrative record, but
comments delivered to an address other than the Casper Field Office may
not be logged in.
Electronic Comments
Please submit Internet comments as an ASCII or Word file avoiding
the use of special characters and any form of encryption. Please also
include ``Attn: SATS No. MT-027-FOR'' and your name and return address
in your Internet message. If you do not receive a confirmation that we
have received your Internet message, contact the Casper Field Office at
307/261-6550. In the final rulemaking, we will not consider or include
in the administrative record any electronic comments received after the
time indicated under DATES or at e-addresses other than the Casper
Field Office.
[[Page 5379]]
Availability of Comments
We will make comments, including names and addresses of
respondents, available for public review during normal business hours.
We will not consider anonymous comments. If individual respondents
request confidentiality, we will honor their request to the extent
allowable by law. Individual respondents who wish to withhold their
name or address from public review, except for the city or town, must
state this prominently at the beginning of their comments. We will make
all submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public review in their entirety.
Public Hearing
If you wish to speak at the public hearing, contact the person
listed under FOR FURTHER INFORMATION CONTACT by 4 p.m., m.s.t. on
February 21, 2007. If you are disabled and need special 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 the hearing.
To assist the transcriber and ensure an accurate record, we
request, if possible, that each person who speaks at a 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 12630--Takings
This rule does not have takings implications. This determination is
based on the analysis performed for the counterpart Federal regulation.
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.
Executive Order 12988--Civil Justice Reform
The Department of the Interior has conducted the reviews required
by section 3 of Executive Order 12988 and has determined that this rule
meets the applicable standards of subsections (a) and (b) of that
section. However, these standards are not applicable to the actual
language of State regulatory programs and program amendments because
each program is drafted and promulgated by a specific State, not by
OSM. Under sections 503 and 505 of SMCRA (30 U.S.C. 1253 and 1255) and
the Federal regulations at 30 CFR 730.11, 732.15, and 732.17(h)(10),
decisions on proposed State regulatory programs and program amendments
submitted by the States must be based solely on a determination of
whether the submittal is consistent with SMCRA and its implementing
Federal regulations and whether the other requirements of 30 CFR parts
730, 731, and 732 have been met.
Executive Order 13132--Federalism
This rule does not have federalism implications. SMCRA delineates
the roles of the Federal and State governments with regard to the
regulation of surface coal mining and reclamation operations. One of
the purposes of SMCRA is to ``establish a nationwide program to protect
society and the environment from the adverse effects of surface coal
mining operations.'' Section 503(a)(1) of SMCRA requires that State
laws regulating surface coal mining and reclamation operations be ``in
accordance with'' the requirements of SMCRA. Section 503(a)(7) requires
that State programs contain rules and regulations ``consistent with''
regulations issued by the Secretary pursuant to SMCRA.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
In accordance with Executive Order 13175, we have evaluated the
potential effects of this rule on federally recognized Indian Tribes
and have determined that the rule does not have substantial direct
effects on one or more Indian Tribes, on the relationship between the
Federal government and Indian Tribes, or on the distribution of power
and responsibilities between the Federal government and Indian Tribes.
The rule does not involve or affect Indian Tribes in any way.
Executive Order 13211--Regulations That Significantly Affect the
Supply, Distribution, or Use of Energy
On May 18, 2001, the President issued Executive Order 13211 which
requires agencies to prepare a Statement of Energy Effects for a rule
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 expected to have a significant
adverse effect on the supply, distribution, or use of energy, a
Statement of Energy Effects is not required.
National Environmental Policy Act
This rule does not require an environmental impact statement
because section 702(d) of SMCRA (30 U.S.C. 1292(d)) provides that
agency decisions on proposed State regulatory program provisions do not
constitute major Federal actions within the meaning of section 102(2)(C)
of the National Environmental Policy Act (42 U.S.C. 4321 et seq.).
Paperwork Reduction Act
This rule does not contain information collection requirements that
require approval by OMB under the Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
Regulatory Flexibility Act
The Department of the Interior certifies that 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
counterpart 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 counterpart Federal regulations.
[[Page 5380]]
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), of 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 determination is based upon the fact that the State submittal
which is the subject of this rule is based upon counterpart Federal
regulations for which an analysis was prepared and a determination made
that the Federal regulation was not considered a major rule.
Unfunded Mandates
This rule will not impose an unfunded mandate on State, local, or
tribal governments or the private sector of $100 million or more in any
given year. This determination is based upon the fact that the State
submittal, which is the subject of this rule, is based upon counterpart
Federal regulations for which an analysis was prepared and a determination
made that the Federal regulation did not impose an unfunded mandate.
List of Subjects in 30 CFR Part 926
Intergovernmental relations, Surface mining, Underground mining.
Dated: December 15, 2006.
Allen D. Klein,
Director, Western Region.
[FR Doc. E7-1858 Filed 2-5-07; 8:45 am]
BILLING CODE 4310-05-P