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| Montana Administrative Register Notice 17-432B | No. 19 10/06/2023 | |
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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. On September 22, 2023, the department published Notice No. 17-432A, the first of an anticipated four rulemaking notices under the Notice No. 17-432. The department now anticipates publishing five proposal notices; this second notice is Notice No. 17-432B.
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 In addition, Senate Bill 233 repealed 75-6-103, 75-10- 106, 82-4-111, and 82-4-204, MCA.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 The department will also update the citations to the MCA sections that have been repealed by Senate Bill 233.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 to 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.
17.24.301 DEFINITIONS The following definitions apply to all terms used in the Strip and Underground Mine Reclamation Act and subchapters 3 through 13 of this chapter: (1) through (146) remain the same.
IMP: 82-4-203, MCA
17.24.302 FORMAT, DATA COLLECTION, AND SUPPLEMENTAL INFORMATION (1) through (9) remain the same.
IMP: 82-4-222, MCA
17.24.303 LEGAL, FINANCIAL, COMPLIANCE, AND RELATED INFORMATION (1) remains the same.
IMP: 82-4-222, MCA
17.24.304 BASELINE INFORMATION: ENVIRONMENTAL RESOURCES (1) remains the same.
IMP: 82-4-222, MCA
17.24.305 MAPS (1) through (3) remain the same.
IMP: 82-4-222, MCA
17.24.306 BASELINE INFORMATION: PRIME FARMLAND INVESTIGATION (1) through (3) remain the same.
IMP: 82-4-222, MCA
17.24.308 OPERATIONS PLAN (1) remains the same.
IMP: 82-4-222, MCA
17.24.310 BLASTING PLAN (1) and (2) remain the same.
IMP: 82-4-222, MCA
17.24.311 AIR POLLUTION CONTROL PLAN (1) and (2) remain the same.
IMP: 82-4-222, MCA
17.24.312 FISH AND WILDLIFE PLAN (1) and (2) remain the same.
17.24.313 RECLAMATION PLAN (1) remains the same.
IMP: 82-4-222, 82-4-231, 82-4-232, 82-4-233, 82-4-234, MCA
17.24.314 PLAN FOR PROTECTION OF THE HYDROLOGIC BALANCE (1) through (5) remain the same.
IMP: 82-4-222, MCA
17.24.315 PLAN FOR PONDS AND EMBANKMENTS (1) through (4) remain the same.
IMP: 82-4-222, MCA
17.24.316 STRIP OR UNDERGROUND MINING NEAR UNDERGROUND MINING (1) remains the same.
IMP: 82-4-222, MCA
17.24.317 DIVERSIONS (1) remains the same.
IMP: 82-4-222, MCA
17.24.318 PROTECTION OF PUBLIC PARKS AND HISTORIC PLACES (1) remains the same.
IMP: 82-4-222, MCA
17.24.319 RELOCATION OR USE OF PUBLIC ROADS Each application must describe, with appropriate maps and cross-sections or other proof required by the department, the measures to be used to ensure that the interests of the public and landowners affected are protected if, under ARM 17.24.1134 and 17.24.1135, the applicant is seeking approval of: (1) and (2) remain the same.
IMP: 82-4-222, MCA
17.24.320 PLANS FOR DISPOSAL OF EXCESS SPOIL (1) through (3) remain the same.
IMP: 82-4-222, MCA
17.24.321 TRANSPORTATION FACILITIES PLAN (1) through (4) remain the same.
IMP: 82-4-222, MCA
17.24.322 GEOLOGIC INFORMATION AND COAL CONSERVATION PLAN (1) through (5) remain the same.
IMP: 82-4-222, MCA
17.24.324 PRIME FARMLANDS: SPECIAL APPLICATION REQUIREMENTS (1) through (3) remain the same.
IMP: 82-4-222, MCA
17.24.325 COAL MINING OPERATIONS ON AREAS OR ADJACENT TO AREAS INCLUDING ALLUVIAL VALLEY FLOORS: SPECIAL APPLICATION REQUIREMENTS (1) through (3) remain the same.
IMP: 82-4-222, MCA
17.24.326 AUGER MINING: SPECIAL APPLICATION REQUIREMENTS (1) remains the same.
IMP: 82-4-222, MCA
17.24.327 COAL PROCESSING PLANTS AND SUPPORT FACILITIES NOT LOCATED WITHIN A MINE PERMIT AREA: SPECIAL APPLICATION REQUIREMENTS (1) and (2) remain the same.
IMP: 82-4-222, MCA
17.24.401 FILING OF APPLICATION AND NOTICE (1) through (6) remain the same.
IMP: 82-4-222, 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA
17.24.402 SUBMISSION OF COMMENTS AND WRITTEN OBJECTIONS (1) and (2) remain the same.
17.24.403 INFORMAL CONFERENCE (1) through (4) remain the same.
17.24.404 REVIEW OF APPLICATION (1) through (8) remain the same.
AUTH:
17.24.405 FINDINGS AND NOTICE OF DECISION (1) through (7) remain the same.
AUTH:
17.24.406 IMPROVIDENTLY ISSUED PERMITS: GENERAL PROCEDURES (1) through (3) remains the same.
AUTH: 82-4-205, MCA IMP:
17.24.407 IMPROVIDENTLY ISSUED PERMITS: REVOCATION (1) remains the same.
AUTH: 82-4-205, MCA IMP:
17.24.412 EXTENSION OF TIME TO COMMENCE MINING (1) through (3) remain the same.
IMP: 82-4-221, MCA
17.24.413 CONDITIONS OF PERMIT (1) remains the same.
17.24.414 REVIEW OF EXISTING PERMITS (1) through (4) remain the same.
IMP: 82-4-237, MCA
17.24.415 PERMIT REVISIONS (1) through (4) remain the same.
IMP: 82-4-221, MCA
17.24.416 PERMIT RENEWAL (1) through (8) remain the same.
17.24.417 PERMIT AMENDMENT (1) remains the same.
IMP: 82-4-225, MCA
17.24.418 TRANSFER OF PERMITS (1) through (6) remain the same.
IMP: 82-4-238, MCA
17.24.425 ADMINISTRATIVE REVIEW (1) through (6) remain the same. (7) The burden of proof at such hearing is on the party seeking to reverse the decision of the
IMP: 82-4-206, 82-4-221, 82-4-226, 82-4-231, 82-4-232, MCA
17.24.426 RECORDS RETENTION (1) remains the same.
17.24.427 CHANGE OF CONTRACTOR (1) and (2) remain the same.
IMP: 82-4-222, 82-4-227, 82-4-238, 82-4-251, MCA
17.24.501 GENERAL BACKFILLING AND GRADING REQUIREMENTS (1) through (7) remain the same.
AUTH:
17.24.502 CUT-AND-FILL TERRACES On approval by the department, in order to conserve soil moisture, ensure stability, and control erosion on final graded slopes, cut-and-fill terraces may be allowed if the terraces are compatible with the approved postmining land use and are appropriate substitutes for construction of lower grades on the reclaimed lands. The terraces must meet the following requirements: (1) through (6) remain the same.
IMP: 82-4-232, MCA
17.24.503 SMALL DEPRESSIONS (1) remain the same.
IMP: 82-4-232, MCA
17.24.504 PERMANENT IMPOUNDMENTS (1) remains the same.
IMP: 82-4-232, MCA
17.24.505 BURIAL AND TREATMENT OF EXPOSED MINERAL SEAMS AND WASTE MATERIALS (1) through (8) remain the same.
IMP: 82-4-231, MCA
17.24.507 STORAGE AND FINAL DISPOSAL OF GARBAGE AND OTHER DEBRIS (1) through (4) remain the same.
IMP: 82-4-231, MCA
17.24.510 DISPOSAL OF OFFSITE-GENERATED WASTE AND FLY ASH (1) and (2) remain the same.
IMP: 82-4-232, MCA
17.24.515 HIGHWALL REDUCTION (1) and (2) remain the same.
AUTH: IMP: 82-4-232, MCA
17.24.516 ADJACENT STRIP AND UNDERGROUND MINING OPERATIONS (1) and (2) remain the same.
IMP: 82-4-227, MCA
17.24.517 SLIDES AND OTHER DAMAGE (1) and (2) remain the same.
17.24.518 BUFFER ZONES (1) remains the same.
IMP: 82-4-227, MCA
17.24.520 THICK OVERBURDEN AND DISPOSAL OF EXCESS SPOIL (1) through (3) remain the same.
IMP: 82-4-231, MCA
17.24.521 TEMPORARY CESSATION OF OPERATIONS (1) and (2) remain the same.
17.24.522 PERMANENT CESSATION OF OPERATIONS (1) through (3) remain the same.
17.24.523 COAL FIRES AND COAL CONSERVATION (1) and (2) remain the same.
IMP: 82-4-232, MCA
17.24.524 SIGNS AND MARKERS (1) through (6) remain the same.
IMP: 82-4-231, MCA
17.24.601 GENERAL REQUIREMENTS FOR ROAD AND RAILROAD LOOP CONSTRUCTION (1) through (11) remain the same.
17.24.602 LOCATION OF ROADS AND RAILROAD LOOPS (1) and (2) remain the same.
17.24.603 ROAD AND RAILROAD LOOP EMBANKMENTS (1) through (5) remain the same.
17.24.605 HYDROLOGIC IMPACT OF ROADS AND RAILROAD LOOPS (1) through (9) remain the same.
17.24.607 MAINTENANCE OF ROADS AND RAILROAD LOOPS (1) through (3) remain the same.
17.24.608 IMPACTS OF OTHER TRANSPORT FACILITIES Other transportation facilities within the area of land affected, including railroad spurs, sidings, surface conveyor systems, chutes, aerial tramways, pipelines, powerlines, and other transport facilities must be designed, constructed, reconstructed, maintained, and reclaimed to: (1) through (4) remain the same.
17.24.609 OTHER SUPPORT FACILITIES (1) through (3) remain the same.
17.24.610 PERMANENT ROADS (1) remains the same.
17.24.621 GENERAL REQUIREMENTS FOR USE OF EXPLOSIVES (1) through (3) remain the same.
IMP: 82-4-231, MCA
17.24.622 PREBLASTING SURVEY (1) through (3) remain the same.
IMP: 82-4-231, MCA
17.24.623 BLASTING SCHEDULE (1) through (7) remain the same.
IMP: 82-4-231, 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 September 26, 2023.
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