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| Montana Administrative Register Notice 17-432D | No. 20 10/20/2023 | |
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BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On February 9, 2024, the Department of Environmental Quality (department) proposes to amend the above-stated rules. The department will be submitting a total of five notices for this rulemaking under MAR Notice No. 17-432; this is the fourth of the five.
2. The Department of Environmental Quality will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Environmental Quality no later than 5:00 p.m. on November 27, 2023, to advise us of the nature of the accommodation that you need. Please contact the Department of Environmental Quality at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-1388; fax (406) 444-4386; or e-mail [email protected].
3. General Reason Statement: During the 2021 legislative session, the legislature passed Senate Bill 233. Senate Bill 233 reassigned and transferred the rulemaking duties and powers of the Board of Environmental Review to the department. In addition, Senate Bill 233 repealed 75-6-103, 75-10-106, 82-4-111, and 82-4-204, MCA. Through this rulemaking, the department will be implementing the 2021 changes to rulemaking authority by striking "board" and changing it to "department." The department will also update the citations to the MCA sections that have been repealed by Senate Bill 233. The department is making these changes to implement the 2021 statute and clarify the change of authority to make it easier for the general public and the regulated community to determine the appropriate process and entity for future rulemakings.
4. The department proposes to amend the following rules, new matter underlined, deleted matter interlined. Please refer to the General Reason Statement above.
17.24.624 SURFACE BLASTING REQUIREMENTS (1) through (14) remain the same.
IMP: 82-4-231, MCA
17.24.625 SEISMOGRAPH MEASUREMENTS (1) through (4) remain the same.
IMP: 82-4-231, MCA
17.24.626 RECORDS OF BLASTING OPERATIONS (1) remains the same.
IMP: 82-4-231, MCA
17.24.631 GENERAL HYDROLOGY REQUIREMENTS (1) through (4) remain the same.
IMP: 82-4-231, MCA
17.24.632 PERMANENT SEALING OF DRILLED HOLES (1) remains the same.
IMP: 82-4-231, MCA
17.24.633 WATER QUALITY PERFORMANCE STANDARDS (1) through (5) remain the same.
IMP: 82-4-231, MCA
17.24.634 RECLAMATION OF DRAINAGE BASINS (1) and (2) remain the same.
IMP: 82-4-231, MCA
17.24.635 GENERAL REQUIREMENTS FOR TEMPORARY AND PERMANENT DIVERSION OF OVERLAND FLOW, THROUGH FLOW, SHALLOW GROUND WATER FLOW, EPHEMERAL DRAINAGEWAYS, AND INTERMITTENT AND PERENNIAL STREAMS (1) through (5) remain the same.
IMP: 82-4-231, MCA
17.24.636 SPECIAL REQUIREMENTS FOR TEMPORARY DIVERSIONS (1) through (6) remain the same.
IMP: 82-4-231, MCA
17.24.637 SPECIAL REQUIREMENTS FOR PERMANENT DIVERSIONS (1) and (2) remain the same.
IMP: 82-4-231, MCA
17.24.638 SEDIMENT CONTROL MEASURES (1) and (2) remain the same.
AUTH: 82-4-202, IMP: 82-4-231, 82-4-232, 82-4-234, MCA
17.24.639 SEDIMENTATION PONDS AND OTHER TREATMENT FACILITIES (1) through (28) remain the same.
IMP: 82-4-231, MCA
17.24.640 DISCHARGE STRUCTURES (1) remains the same.
IMP: 82-4-231, MCA
17.24.641 ACID- AND TOXIC-FORMING SPOILS Drainage from acid- and toxic-forming spoil into ground and surface water must be avoided by: (1) through (3) remain the same.
IMP: 82-4-231, MCA
17.24.642 PERMANENT IMPOUNDMENTS AND FLOOD CONTROL IMPOUNDMENTS (1) through (7) remain the same.
IMP: 82-4-231, MCA
17.24.643 GROUND WATER PROTECTION (1) and (2) remain the same.
IMP: 82-4-231, MCA
17.24.644 PROTECTION OF GROUND WATER RECHARGE (1) and (2) remain the same.
IMP: 82-4-231, MCA
17.24.645 GROUND WATER MONITORING (1) through (8) remain the same.
17.24.646 SURFACE WATER MONITORING (1) through (7) remain the same.
17.24.647 TRANSFER OF WELLS (1) remains the same.
17.24.648 WATER RIGHTS AND REPLACEMENT (1) remains the same.
IMP: 82-4-253, MCA
17.24.649 DISCHARGE OF WATER INTO UNDERGROUND MINES (1) remains the same.
IMP: 82-4-231, MCA
17.24.650 POSTMINING REHABILITATION OF SEDIMENTATION PONDS, DIVERSIONS, IMPOUNDMENTS, AND TREATMENT FACILITIES (1) and (2) remain the same.
17.24.651 STREAM CHANNEL DISTURBANCES AND BUFFER ZONES (1) through (3) remain the same.
17.24.652 WELLS AND UNDERGROUND OPENINGS: SAFETY (1) remains the same.
IMP: 82-4-231, MCA
17.24.701 REMOVAL OF SOIL (1) through (4) remain the same.
AUTH: IMP: 82-4-232, MCA
17.24.702 REDISTRIBUTION AND STOCKPILING OF SOIL (1) through (7) remain the same.
IMP: 82-4-232, MCA
17.24.703 SUBSTITUTION OF OTHER MATERIALS FOR SOIL (1) and (2) remain the same.
AUTH: IMP: 82-4-232, MCA
17.24.711 ESTABLISHMENT OF VEGETATION (1) through (3) remain the same.
17.24.713 TIMING OF SEEDING AND PLANTING (1) remains the same.
IMP: 82-4-233, 82-4-234, 82-4-235, MCA
17.24.714 SOIL STABILIZING PRACTICES (1) remains the same.
17.24.716 METHOD OF REVEGETATION (1) through (4) remain the same.
17.24.717 PLANTING OF TREES AND SHRUBS (1) remains the same.
17.24.718 SOIL AMENDMENTS, MANAGEMENT TECHNIQUES, AND LAND USE PRACTICES (1) through (3) remain the same.
17.24.721 ERADICATION OF RILLS AND GULLIES (1) through (3) remain the same.
17.24.723 MONITORING (1) through (4) remain the same.
17.24.724 REVEGETATION SUCCESS CRITERIA (1) through (3) remain the same.
17.24.725 PERIOD OF RESPONSIBILITY (1) and (2) remain the same.
17.24.726 VEGETATION MEASUREMENTS (1) through (6) remain the same.
17.24.731 ANALYSIS FOR TOXICITY (1) remains the same.
17.24.751 PROTECTION AND ENHANCEMENT OF FISH, WILDLIFE, AND RELATED ENVIRONMENTAL VALUES (1) and (2) remain the same.
IMP: 82-4-227, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.761 AIR RESOURCES PROTECTION (1) and (2) remain the same.
IMP: 82-4-231, MCA
17.24.762 POSTMINING LAND USE (1) through (3) remain the same.
AUTH: IMP: 82-4-233, MCA
17.24.764 CROPLAND RECLAMATION (1) and (2) remain the same.
17.24.801 ALLUVIAL VALLEY FLOORS: PRESERVATION OF ESSENTIAL HYDROLOGIC FUNCTIONS AND PROTECTION OF FARMING (1) through (3) remain the same.
17.24.802 ALLUVIAL VALLEY FLOORS: PROTECTION OF FARMING AND PREVENTION OF MATERIAL DAMAGE (1) through (3) remain the same.
17.24.804 ALLUVIAL VALLEY FLOORS: MONITORING (1) through (4) remain the same.
17.24.805 ALLUVIAL VALLEY FLOORS: SIGNIFICANCE DETERMINATION (1) remains the same.
17.24.806 ALLUVIAL VALLEY FLOORS: MATERIAL DAMAGE DETERMINATION Criteria for determining whether a strip or under-ground coal mining operation will materially damage the quantity or quality of waters include, but are not limited to: (1) through (5) remain the same.
17.24.811 PRIME FARMLAND: SOIL HANDLING (1) through (4) remain the same.
17.24.815 PRIME FARMLAND: REVEGETATION (1) and (2) remain the same.
17.24.821 ALTERNATIVE POSTMINING LAND USES: SUBMISSION OF PLAN (1) and (2) remain the same.
AUTH: IMP: 82-4-233, MCA
17.24.823 ALTERNATIVE POSTMINING LAND USES: APPROVAL OF PLAN (1) remains the same.
IMP: 82-4-232, MCA
17.24.831 AUGER MINING: GENERAL REQUIREMENTS (1) remains the same.
IMP: 82-4-231, 82-4-232, 82-4-233, MCA
17.24.832 AUGER MINING: SPECIFIC PERFORMANCE STANDARDS (1) through (7) remain the same.
IMP: 82-4-231, 82-4-232, 82-4-233, MCA
17.24.833 AUGER MINING: REQUIREMENTS FOR PERMIT (1) remains the same.
IMP: 82-4-231, 82-4-232, 82-4-233, MCA
17.24.834 REMINING: APPLICABILITY (1) remains the same.
IMP: 82-4-203, MCA
17.24.835 REMINING: APPLICATION AND OPERATING REQUIREMENTS (1) through (3) remain the same.
IMP: 82-4-221, 82-4-222, 82-4-231, 82-4-232, MCA
17.24.836 REMINING: ELIGIBILITY FOR ABANDONED MINE LAND STATUS (1) through (3) remain the same.
17.24.837 REMINING: BONDING (1) and (2) remain the same.
IMP: 82-4-223, MCA
17.24.901 GENERAL APPLICATION AND REVIEW REQUIREMENTS (1) and (2) remain the same.
IMP: 82-4-222, MCA
17.24.902 APPLICATION REQUIREMENTS FOR IN SITU COAL PROCESSING OPERATIONS (1) and (2) remain the same.
AUTH: IMP: 82-4-222, MCA
17.24.903 GENERAL PERFORMANCE STANDARDS (1) and (2) remain the same.
AUTH: IMP: 82-4-227, 82-4-231, 82-4-232, 82-4-233, 82-4-243, 82-4-253, MCA
17.24.904 IN SITU COAL PROCESSING OPERATION PERFORMANCE STANDARDS (1) through (6) remain the same.
IMP: 82-4-227, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.907 IN SITU URANIUM PROCESSING OPERATION PERFORMANCE STANDARDS (1) remains the same.
IMP: 82-4-227, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.911 SUBSIDENCE CONTROL (1) through (10) remain the same.
AUTH: IMP: 82-4-227, 82-4-231, 82-4-243, MCA
17.24.912 BUFFER ZONES (1) through (4) remain the same.
17.24.920 PLACEMENT AND DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: SPECIAL APPLICATION REQUIREMENTS (1) and (2) remain the same.
AUTH: IMP: 82-4-222, MCA
17.24.924 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: GENERAL REQUIREMENTS (1) through (20) remain the same.
AUTH: IMP: 82-4-227, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.925 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: VALLEY FILL (1) through (5) remain the same.
AUTH: IMP: 82-4-227, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.926 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: HEAD-OF-HOLLOW FILL (1) and (2) remain the same.
AUTH: IMP: 82-4-227, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.927 DISPOSAL OF UNDERGROUND DEVELOPMENT WASTE: DURABLE ROCK FILLS (1) through (7) remain the same.
AUTH: IMP: 82-4-227, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.930 PLACEMENT AND DISPOSAL OF COAL PROCESSING WASTE: SPECIAL APPLICATION REQUIREMENTS (1) through (3) remain the same.
AUTH: IMP: 82-4-222, MCA
17.24.932 DISPOSAL OF COAL PROCESSING WASTE (1) through (10) remain the same. AUTH: IMP: 82-4-227, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.1001 PERMIT REQUIREMENT (1) through (7) remain the same.
IMP: 82-4-226, MCA
17.24.1002 INFORMATION AND MONTHLY REPORTS (1) through (3) remain the same.
IMP: 82-4-226, MCA
17.24.1003 RENEWAL AND TRANSFER OF PERMITS (1) through (4) remain the same.
IMP: 82-4-226, MCA
17.24.1004 ENVIRONMENTAL MONITORING (1) remains the same.
IMP: 82-4-226, MCA
17.24.1005 DRILL HOLES (1) through (4) remain the same.
IMP: 82-4-226, MCA
17.24.1006 ROADS AND OTHER TRANSPORTATION FACILITIES (1) through (3) remain the same.
IMP: 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.1007 GRADING, SOIL SALVAGE, STORAGE AND REDISTRIBUTION (1) and (2) remain the same.
IMP: 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.1008 REVEGETATION After soil has been replaced in disturbed areas, appropriate legumes, forbs, grasses, shrubs, and trees must be established unless otherwise approved by the department. The revegetation must form a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area of the land affected and be capable of: (1) and (2) remain the same.
IMP: 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.1009 DIVERSIONS (1) and (2) remain the same.
IMP: 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.1010 REMOVAL OF EQUIPMENT All equipment and facilities must be promptly removed from the prospecting area when no longer needed for exploration or reclamation, except for equipment and facilities that the department determines may remain to: (1) through (3) remain the same.
IMP: 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.1011 HYDROLOGIC BALANCE (1) remains the same.
IMP: 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.1012 TOXIC- OR ACID-FORMING MATERIALS (1) remains the same.
IMP: 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.1013 DRILLING If drilling is proposed, the prospecting plan must comply with the following: (1) through (5) remain the same.
IMP: 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.1014 TEST PITS: APPLICATION REQUIREMENTS, REVIEW PROCEDURES, BONDING, AND ADDITIONAL PERFORMANCE STANDARDS (1) through (4) remain the same.
IMP: 82-4-226, MCA
17.24.1016 BOND REQUIREMENTS FOR DRILLING OPERATIONS (1) through (4) remain the same.
17.24.1017 BOND RELEASE PROCEDURES FOR DRILLING OPERATIONS (1) through (7) remain the same.
IMP: 82-4-226, 82-4-232, 82-4-235, MCA
17.24.1101 BONDING: DEFINITIONS For purposes of this rule, the following definitions apply: (1) and (2) remain the same.
IMP: 82-4-223, 82-4-232, 82-4-235, MCA
17.24.1102 BONDING: DETERMINATION OF BOND AMOUNT The standard applied by the department in determining the amount of performance bond is the estimated cost to the department if it had to perform the reclamation, restoration, and abatement work required of an operator or a prospecting permittee under the Act, the rules adopted thereunder, and the permit. This amount is based on, but not limited to: (1) through (5) remain the same.
IMP: 82-4-223, 82-4-232, 82-4-235, MCA
17.24.1104 BONDING: ADJUSTMENT OF AMOUNT OF BOND (1) through (5) remain the same.
IMP: 82-4-223, 82-4-232, 82-4-235, MCA
17.24.1105 BONDING: FORM OF BOND The form for the performance bond must be as provided by the department. The department shall allow for either: (1) and (2) remain the same.
IMP: 82-4-223, 82-4-232, 82-4-235, MCA
17.24.1106 BONDING: TERMS AND CONDITIONS OF BOND (1) remains the same.
IMP: 82-4-223, 82-4-232, 82-4-235, MCA
17.24.1107 BONDING: INCAPACITY OF SURETY (1) remains the same.
IMP: 82-4-223, 82-4-232, 82-4-235, MCA
17.24.1108 BONDING: CERTIFICATES OF DEPOSIT (1) through (4) remain the same.
IMP: 82-4-223, 82-4-232, 82-4-235, MCA
17.24.1109 BONDING: LETTERS OF CREDIT (1) remains the same.
IMP: 82-4-223, 82-4-232, 82-4-235, MCA
17.24.1110 BONDING: REPLACEMENT OF BOND (1) and (2) remain the same.
IMP: 82-4-223, 82-4-232, 82-4-235, MCA
17.24.1111 BONDING: BOND RELEASE APPLICATION CONTENTS (1) through (7) remain the same.
IMP: 82-4-223, 82-4-232, 82-4-235, MCA
5. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to the department, at 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; telephone (406) 444-1388; fax (406) 444-4386; or e-mail DEQMAR17-432rulemaking @mt.gov, and must be received no later than 11:59 p.m., December 1, 2023.
6. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the department at the above address no later than 5:00 p.m., November 23, 2023.
7. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 259 persons based on the interested parties list of 2,591 individuals.
8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in paragraph 5 or may be made by completing a request form at any rules hearing held by the department.
9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.
10. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by mail on July 5, 2023.
11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Angela Colamaria /s/ Christopher Dorrington ANGELA COLAMARIA CHRISTOPHER DORRINGTON Rule Reviewer Director Department of Environment Quality
Certified to the Secretary of State October 10, 2023.
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A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
For questions about the organization of the ARM or this web site, contact [email protected].
