BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

                                         OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.24.101, 17.24.102, 17.24.103, 17.24.105, 17.24.106, 17.24.107, 17.24.117, 17.24.119, 17.24.120, 17.24.121, 17.24.128, 17.24.153, 17.24.157, and 17.24.181 pertaining to the application and administration of hard rock small mining exclusion statements, exploration licenses, and operating permits

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NOTICE OF AMENDMENT   (HARD ROCK MINING)

 

            TO: All Concerned Persons

 

            1. On July 8, 2022, the Department of Environmental Quality (department) published MAR Notice No. 17-423 pertaining to the proposed amendment of the above-stated rules at page 1143 of the 2022 Montana Administrative Register, Issue No. 13.

 

            2. The department has amended ARM 17.24.101, 17.24.102, 17.24.103, 17.24.105, 17.24.106, 17.24.107, 17.24.117, 17.24.119, 17.24.120, 17.24.121, 17.24.128, 17.24.153, 17.24.157, and 17.24.181 as proposed.

           

            3. The department has thoroughly considered the comments made. A summary of the comments and the department's responses are as follows:

 

COMMENT 1: A commenter said that ARM 17.24.128 should not be amended to require the department to conduct three annual inspections of mines only where acid mine drainage is expected or ongoing rather than mines with the potential to generate acid rock drainage. The change from "potential" to "expected or ongoing" increases regulatory uncertainty and subjectivity into the rules. The change also increases the risk to water quality.

 

RESPONSE 1: The department appreciates the comment. It should first be noted the proposed rule amendment does not negate permit conditions requiring the operator to monitor for acid rock drainage. Rather, the amendment removes the requirement the department perform three inspections per year based on permit conditions imposed on an operator.

The frequency of the department's inspections should be based on geologic conditions, and monitoring and water quality results. The proposed amendment obligates the department to performing three inspections per year regardless of permit conditions if the department determines that there are geologic conditions (such as the presence of sulfide mineralization) or the operator's monitoring demonstrates conditions under which the department expects acid rock drainage to occur, or if acid rock drainage is occurring. Water quality will be better protected with this proposed amendment as the department has increased flexibility to perform additional inspections if acid rock drainage is expected or detected, regardless of whether the permit contains a condition that the operator monitor potential acid rock drainage.

 

           

/s/ Angela Colamaria                                /s/ Christopher Dorrington   

ANGELA COLAMARIA                             CHRISTOPHER DORRINGTON

Rule Reviewer                                           Director

                                                                   Department of Environmental Quality

 

            Certified to the Secretary of State September 13, 2022.