Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules 40537 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[SATS No: MT–030–FOR; Docket ID: OSM– 

2009–0007] 

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 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’’). Montana 

proposes revisions to the statute, the 

Montana Code Annotated (MCA), about 

determination of revegetation success 

and final bond release. Montana intends 

to revise its program to 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.d.t. September 11, 2009. If 

requested, we will hold a public hearing 

on the amendment on September 8, 

2009. We will accept requests to speak 

until 4 p.m., m.d.t. on August 27, 2009. 

ADDRESSES: You may submit comments 

by either of the following two methods: 

Federal eRulemaking Portal: http:// 

http://www.regulations.gov . This 

proposed rule has been assigned Docket 

ID: OSM–2009–0007. If you would like 

to submit comments through the Federal 

eRulemaking Portal, go to http:// 

www.regulations.gov and do the 

following. Click on the ‘‘Advanced 

Docket Search’’ button on the right side 

of the screen. Type in the Docket ID 

‘‘OSM–2009–0007’’ and click the 

‘‘Submit’’ button at the bottom of the 

page. The next screen will display the 

Docket Search Results for the 

rulemaking. If you click on OSM–2009– 

0007, you can view the proposed rule 

and submit a comment. You can also 

view supporting material and any 

comments submitted by others. 

• Mail/Hand Delivery/Courier: Jeffrey 

Fleischman, Director, Casper Field 

Office, Office of Surface Mining 

Reclamation and Enforcement, Federal 

Building, 150 East B Street, Rm. 1018, 

Casper, Wyoming 82601–1018. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘III. Public Comment 

Procedures’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

In addition to viewing the docket and 

obtaining copies of documents at 

http://www.regulations.gov, you may 

review copies of the Montana program, 

this amendment, a listing of any public 

hearings, and all written comments 

received in response to this document at 

the addresses listed below during 

normal business hours, Monday through 

Friday, excluding holidays. You may 

also receive one free copy of the 

amendment by contacting OSM’s Casper 

Field Office. 

Jeffrey Fleischman, Director, Casper 

Field Office, Office of Surface Mining 

Reclamation and Enforcement, Federal 

Building, 150 East B Street, Casper, 

Wyoming 82601–1018, 307/261–06547, 

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, Montana, 406/444–4972, 

neharrington@mt.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Fleischman, Telephone: 307/ 

261–6547. Internet: 

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 May 12, 2009, 

Montana sent us a proposed amendment 

to its program [Administrative Record 

Docket ID No. OSM–2009–0007 under 

SMCRA (30 U.S.C. 1201 et seq.)] to 

include the 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. 

Specifically, Montana proposes 

changes to MCA 82–4–235(2), (3), and 

(4), Determination of successful 

revegetation—final bond release. The 

proposed change to subsection (2) 

would add a reference to proposed new 

subsection (3). Proposed new subsection 

(3) is modeled after a similar provision 

in North Dakota’s Policy Memorandum 

No. 20 to Mine Operators, dated January 

29, 2009 (Revised). This new provision 

would exempt selected disturbances 

from the minimum 10-year revegetation 

liability period. Exempted disturbances 

could include sedimentation ponds, 

topsoil stockpiles, roads, and other 

water management or support facilities 

areas up to a maximum of 10% of any 

area for which bond release is sought. 

Former subsection (3) would be 

recodified as subsection (4). Additional 

changes proposed to this subsection 

include adding a reference to new 

subsection (3) and editorial changes 

resulting from those changes proposed 

above. 

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 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent Tribal or Federal laws or 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
40538 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules 

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. 

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.d.t. on August 27, 2009. 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 

the hearing. If only one person 

expresses an interest, a public meeting 

rather than a hearing may be held, with 

the results included in the docket for 

this rulemaking. 

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. 

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. 

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. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Proposed Rules 40539 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

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: June 10, 2009. 

Allen D. Klein, 

Regional Director, Western Region. 

[FR Doc. E9–19362 Filed 8–11–09; 8:45 am] 

BILLING CODE 4310–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R08–RCRA–2009–0341; FRL–8940–9] 

Colorado: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The state of Colorado has 

applied to EPA for final authorization of 

changes to its hazardous waste program 

under the Resource Conservation and 

Recovery Act (RCRA). EPA proposes to 

grant final authorization to the 

hazardous waste program changes 

submitted by the state of Colorado. In 

the ‘‘Rules and Regulations’’ section of 

this Federal Register, EPA is 

authorizing the changes in an 

immediate final rule. EPA did not 

propose the rule prior to issuing the 

immediate final rule because the 

Agency believes this action is not 

controversial and does not expect 

comments that oppose it. We have 

explained the reasons for this 

authorization in the preamble to the 

immediate final rule. Unless we receive 

written comments that oppose this 

authorization during the comment 

period, the immediate final rule will 

become effective on the date it 

establishes, and EPA will not take 

further action on this proposal. If the 

Agency receives comments that oppose 

this action, EPA will publish a 

document in the Federal Register 

withdrawing this rule before it takes 

effect. EPA will then address public 

comments in a later final rule based on 

this proposal. Any parties interested in 

commenting on this action must do so 

at this time. EPA may not provide 

further opportunity for comment. 

DATES: Comments must be received on 

or before September 11, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

RCRA–2009–0341, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• E-mail: cosentini.christina@epa.gov. 

• Fax: (303) 312–6341. 

• Mail: Send written comments to 

Christina Cosentini, Solid and 

Hazardous Waste Program, EPA Region 

8, Mailcode 8P–HW, 1595 Wynkoop 

Street, Denver, Colorado 80202–1129. 

• Hand Delivery or Courier: Deliver 

your comments to Christina Cosentini, 

Solid and Hazardous Waste Program, 

EPA Region 8, Mailcode 8P–HW, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. Deliveries are accepted 

only during the Regional Office’s 

normal hours of operation, 7 a.m. to 5 

p.m. Special arrangements should be 

made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–RCRA–2009– 

0341. EPA’s policy is that all comments 

received will be included in the public 

docket without change, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information, 

the disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov, or e-mail. The 

federal Web site http:// 

www.regulations.gov is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity or contact 

information unless you provide it in the 

body of your comment. If you e-mail 

your comment directly to EPA rather 

than going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties, and cannot 

contact you for clarification, EPA may 

not be able to consider your comment. 

Electronic files should avoid the use of 

special characters or any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, e.g., CBI 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy 

from 9 a.m. to 4 a.m. at: EPA Region 8, 

1595 Wynkoop Street, Denver, 

Colorado, contact: Christina Cosentini, 

phone number (303) 312–6231, or the 

Colorado Department of Public Health 

and Environment, 4300 Cherry Creek 

Drive South, Denver, Colorado 80222– 

1530, contact: Randy Perila, phone 

number (303) 692–3364. 

FOR FURTHER INFORMATION CONTACT: 

Christina Cosentini, (303) 312–6231, 

cosentini.christina@epa.gov or Randy 

Perila, (303) 692–3364, 

randy.perila@state.co.us. 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: July 14, 2009. 

Carol Rushin, 

Acting Regional Administrator, Region 8. 

[FR Doc. E9–19317 Filed 8–11–09; 8:45 am] 

BILLING CODE 6560–50–P 


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