BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.24.905 pertaining to rules not applicable to in situ coal operations

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NOTICE OF PROPOSED AMENDMENT   (RECLAMATION)   NO PUBLIC HEARING CONTEMPLATED

 

            TO: All Concerned Persons

 

            1. On February 3, 2014, the Board of Environmental Review proposes to amend the above-stated rule.

 

            2. The board 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 Elois Johnson, Paralegal, no later than 5:00 p.m., January 15, 2014, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail [email protected].

 

            3. The rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined:

 

            17.24.905 RULES NOT APPLICABLE TO IN SITU COAL OPERATIONS

            (1)  The following rules are not applicable to in situ coal gasification:

            (a) remains the same.

            (b) ARM 17.24.320 (Plans for Disposal of Excess Spoil);

            (c) and (d) remain the same, but are renumbered (b) and (c).

            (2) remains the same.

 

            AUTH: 82-4-207, MCA

            IMP: 82-4-221, 82-4-222, 82-4-223, 82-4-225, 82-4-227, 82-4-228, 82-4-231, 82-4-232, 82-4-233, 82-4-237, 82-4-238, 82-4-240, 82-4-243, MCA

 

            REASON: It is necessary to amend this rule because the Office of Surface Mining has determined that, by eliminating the plans for disposal of excess spoil, our rule would be less stringent than the federal counterpart. In order for the department to continue to regulate coal mining, its rules must be as stringent as the Surface Mining Control and Reclamation Act and implement federal statute 30 U.S.C. 1253.

 

            4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail [email protected], no later than January 23, 2014. To be guaranteed consideration, mailed comments must be postmarked on or before that date.

 

            5. If persons who are directly affected by the proposed action 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 they have to Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail [email protected], no later than January 23, 2014.

 

            6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are 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 persons directly affected has been determined to be 1 based on the fewer than 20 regulated mines in Montana.

 

            7. The board 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 that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supply; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA. 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 Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901, faxed to the office at (406) 444-4386, e-mailed to Elois Johnson at [email protected], or may be made by completing a request form at any rules hearing held by the board.

 

            8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

            9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

Reviewed by:                                                BOARD OF ENVIRONMENTAL REVIEW

 

 

 

/s/ John F. North                                  BY: /s/ Robin Shropshire                                   

JOHN F. NORTH                                         ROBIN SHROPSHIRE

Rule Reviewer                                             Chairman

 

            Certified to the Secretary of State, December 16, 2013.