Montana Regulatory Program

Published date30 October 2019
Citation84 FR 58047
Record Number2019-23514
SectionRules and Regulations
CourtSurface Mining Reclamation And Enforcement Office
Federal Register, Volume 84 Issue 210 (Wednesday, October 30, 2019)
[Federal Register Volume 84, Number 210 (Wednesday, October 30, 2019)]
                [Rules and Regulations]
                [Pages 58047-58051]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-23514]
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                DEPARTMENT OF THE INTERIOR
                Office of Surface Mining Reclamation and Enforcement
                30 CFR Part 926
                [SATS No. MT-036-FOR; Docket No. OSM-2017-0001; S1D1S SS08011000;
                SX064A000 201S180110; S2D2S SS08011000 SX064A000 20XS501520]
                Montana Regulatory Program
                AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.
                ACTION: Final rule; approval of amendment.
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                SUMMARY: The Office of Surface Mining Reclamation and Enforcement
                (OSMRE) is approving an amendment to the Montana coal regulatory
                program (the Montana program or the State program) under the Surface
                Mining Control and Reclamation Act of 1977 (SMCRA or the Act). The
                proposed changes to the Montana program are in response to a 2011 state
                legislative change, which enacted a new State statutory provision under
                the Montana Strip and Underground Mine Reclamation Act (MSUMRA). The
                statutory change, directs the State Board to adopt rules governing
                underground mining that uses in situ coal gasification. Montana
                proposes to revise its State program to incorporate the addition and
                proposes changes to the Administrative Rules of Montana (ARM)
                pertaining to the regulation of in situ coal gasification operations.
                DATES: The effective date is November 29, 2019.
                FOR FURTHER INFORMATION CONTACT: Howard Strand, Office of Surface
                Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver,
                CO 80202, Telephone: (303) 293-5026, Email: [email protected].
                SUPPLEMENTARY INFORMATION:
                I. Background on the Montana Program
                II. Submission of the Amendment
                III. OSMRE's Findings
                IV. Summary and Disposition of Comments
                V. OSMRE's Decision
                VI. 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 program includes, among other things, State laws and regulations
                that govern surface coal mining and reclamation operations in
                accordance with the Act and consistent with the Federal regulations.
                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 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 926.12, 926.15,
                926.16, and 926.30.
                II. Submission of the Amendment
                 By letter dated February 27, 2017 (Document ID No. OSM-2017-0001-
                0002), Montana sent us a proposed amendment to its State program under
                SMCRA (30 U.S.C. 1201 et seq.). The proposed changes were submitted in
                response to Montana Senate Bill 292 (SB 292), enacted by the Montana
                Legislature in 2011, and subsequently codified within MSUMRA at Montana
                Code Annotated (Mont. Code Ann.) sec. 82-4-207. Montana proposes to
                amend its State program to incorporate the statutory change at Mont.
                Code Ann. sec. 82-4-207 and it also proposes amendments to its rules.
                 We announced receipt of the proposed amendment in the May 8, 2018,
                Federal Register (83 FR 20773) (Document ID No. OSM-2017-0001-0001). In
                the same document, we opened the public comment period and provided an
                opportunity for a public hearing or meeting on the adequacy of the
                amendment. We did not hold a public hearing or meeting because none
                were requested. The public comment period ended on June 7, 2018.
                III. OSMRE's Findings
                 Following is a summary of the proposed statutory and rule changes
                submitted by Montana, as well as OSMRE's findings concerning Montana's
                amendment under SMCRA and the Federal regulations at 30 CFR 732.15 and
                732.17. For the reasons discussed below, we are approving the
                amendment.
                A. Mont. Code Ann. Sec. 82-4-207--Rulemaking--In Situ Coal Gasification
                 Montana proposes to add Mont. Code Ann. sec. 82-4-207 under MSUMRA.
                Subsection (1) of Mont. Code Ann. sec. 82-4-207 directs the Montana
                Board of Environmental Review (BER) to adopt rules necessary to
                regulate underground mining that uses in situ coal gasification
                operations under the Montana program. The new statutory provision
                additionally states that the BER may not adopt rules specific to in
                situ gasification that are more stringent than the comparable Federal
                regulations or guidelines that address the same circumstances. Mont.
                Code Ann. sec. 82-4-207(2). Subsection (3) of the statutory provision
                relates to rule processing.
                 The proposed Montana statute, at Mont. Code Ann. sec. 82-4-207,
                provides the necessary statutory authority to allow the BER to adopt
                rules to regulate underground mining using in situ coal gasification.
                Because in situ coal processing is an activity regulated under SMCRA's
                implementing regulations, at 30 CFR 785.22 and 30 CFR part 828, we find
                Mont. Code Ann. sec. 82-4-207 to be consistent with SMCRA and the
                Federal regulations. Under section 503(a)(7) of SMCRA, State programs
                must be capable of carrying out the provisions of SMCRA and meeting the
                Act's purposes through rules consistent with the Federal regulations
                implemented under the Act. Mont. Code Ann. sec. 82-4-207 simply allows
                the State to proceed with rulemaking specific to in situ coal
                gasification, an activity already approved as part of Montana's
                existing program. This statutory provision is therefore consistent with
                SMCRA and the Federal regulations.
                 Regarding subsection (2) of the statutory provision, SMCRA sections
                503 and 505, and the Federal regulations at 30 CFR 730.5, establish the
                criteria for approval of State SMCRA programs. A State program must set
                forth requirements that satisfy the Federal minimum standards and must
                include provisions that are no less stringent than SMCRA and no less
                effective than the Federal regulations.
                [[Page 58048]]
                As long as these minimum Federal standards are met, a State may
                indicate that its State program shall not be more stringent than the
                Federal program. Montana's proposed statutory provision is not
                inconsistent with SMCRA or the Federal regulations. We are therefore
                approving the incorporation of Mont. Code Ann. sec. 82-4-207 into the
                Montana program.
                B. Proposed Amendments to the Montana Rules
                 In its program amendment submission, Montana proposes to adopt a
                new rule section, ARM 17.24.905, which is intended to clarify that
                certain rules are not applicable to in situ coal operations under the
                Montana program requirements. Montana also proposes revisions to its
                existing rules at ARM 17.24.902 and 17.24.903 to incorporate a
                reference to, and reflect the in situ coal gasification exemptions set
                forth at, ARM 17.24.905.
                 For the following reasons, OSMRE finds that the proposed changes
                are consistent with, and no less effective than, the counterpart
                Federal regulations. We are therefore approving Montana's proposed rule
                changes.
                1. ARM 17.24.905--Rules Not Applicable to In Situ Coal Operations
                 OSMRE previously approved the definition of ``in situ coal
                gasification'' as part of the Montana program and published the final
                rule in the September 19, 2012, Federal Register (77 FR 58022). The
                Montana program, at Mont. Code Ann. sec. 82-4-203(27)(a), defines in
                situ coal gasification as an in-place extraction method involving a
                well or conduit where limited surface disturbance occurs.
                 The Federal regulations specify which requirements apply to in situ
                coal processing at 30 CFR 785.22 and 30 CFR part 828. Montana's
                existing program at ARM 17.24.902 and 17.24.904 contain similar
                requirements. Both the State and Federal programs establish that in
                situ operations must comply with regulations governing underground
                mining. Underground mining performance standards are outlined in the
                Montana program at ARM 17.24.903. Those requirements are similar to the
                Federal underground mining performance standards at 30 CFR part 817. As
                discussed in further detail below, the Federal regulations do not
                require in situ processing operations to comply with all Federal coal
                program requirements, especially those pertaining to surface mining
                operations, due to the limited nature of the disturbances associated
                with this mining method. Similarly, Montana's existing program does not
                routinely apply surface mining regulations to in situ operations. This
                is consistent with the State's definition of ``in situ coal
                gasification'' in Mont. Code Ann. sec. 82-4-203(27)(a), which indicates
                that this mining method involves limited surface disturbances, and the
                counterpart Federal requirements.
                 In its submission package for this program amendment, the Montana
                Department of Environmental Quality (MDEQ or the Department) explained
                that it determined most of the rules relating to underground coal
                mining should apply to in situ operations. However, in an effort to
                minimize duplication of existing rules, Montana decided to adopt a new
                rule, proposed as ARM 17.24.905, that instead lists the rules that
                would be inapplicable to in situ operations. Montana's amendment seeks
                to clarify which additional regulations, beyond those already
                explicitly applied to all in situ operations, the State may and may not
                impose at its discretion. This will provide regulatory certainty to
                potential permittees by indicating that although the State has the
                discretion to apply additional requirements beyond those applicable to
                all in situ operations, it may not impose the specific surface mining
                regulations listed under new ARM 17.24.905(1)(a)-(c).
                 This proposed new section, ARM 17.24.905(1)(a)-(c), exempts in situ
                coal gasification operations from three separate groups of regulatory
                requirements: ARM 17.24.311 (Air Pollution Control Plan); ARM 17.24.519
                (Monitoring for Settlement); and ARM 17.24.831 through ARM 17.24.837
                (auger mining and remining rules). Montana further proposed language at
                ARM 17.24.905(2), which states that all other rules may apply on a
                mine-specific basis. These changes would not modify existing ARM
                17.24.904, In Situ Coal Processing Operation Performance Standards,
                which requires in situ operations to comply with general performance
                standards for underground mining operations, as well as additional
                requirements, which explicitly apply to all in situ operations.
                 At subsection 17.24.905(1)(a), Montana proposes to exempt in situ
                operations from ARM 17.24.311 (Air Pollution Control Plan). ARM
                17.24.311 applies only to strip mining operations with projected
                production rates exceeding 1,000,000 tons of material per year. In situ
                operations do not fall within the scope of this provision. Similarly,
                in situ operations are not subject to air pollution control plan
                requirements under the Federal program at 30 CFR 780.15. Therefore, the
                ARM 17.24.905(1)(a) exemption is not inconsistent with the Federal
                regulations.
                 Under ARM 17.24.902(1)(d), Montana requires in situ operations to
                include, among other requirements, plans for monitoring air quality.
                Likewise, under 30 CFR 784.26, the Federal program requires in situ
                processing operations to have an air quality monitoring program.
                Montana seeks to clarify that, although it has a requirement to include
                plans for monitoring air quality similar to underground mining
                operations, it will not impose the air pollution control plan
                requirements of ARM 17.24.311, which apply only to surface mining
                operations.
                 Because the Federal regulations do not require in situ operations
                to comply with surface mining air pollution control plan requirements,
                and both programs require air quality monitoring for in situ
                operations, Montana's proposed exemption is no less effective than the
                corresponding Federal regulations.
                 ARM 17.24.905(1)(b) proposes to exempt in situ operations from ARM
                17.24.519 (Monitoring for Settlement), which pertains to regraded
                surface mine areas. The Federal regulations do not contain an analogous
                provision and therefore in situ operations are not subject to this
                requirement under the Federal program. The need to regrade spoil would
                not arise because in situ operations do not involve land excavation.
                Therefore, in situ operations would not necessitate monitoring for
                settlement of regraded areas. Rather, monitoring for subsidence would
                be appropriate. This is required under the Federal program at 30 CFR
                784.20, Subsidence Control Plan, and under Montana's program at ARM
                17.24.911, Subsidence Control Plan. See ARM 17.24.902(1) (which
                incorporates 17.24.901 by reference), and ARM
                17.24.901(1)(c)(iii)(A)(III)) (which incorporates ARM 17.24.911 by
                reference). For these reasons, Montana's proposal to exempt in situ
                operations from monitoring for settlement is consistent with, and no
                less effective than, the Federal requirements.
                 ARM 17.24.905(1)(c) proposes to exempt in situ operations from ARM
                17.24.831 through 17.24.837 (auger mining and remining). The
                corresponding Federal regulations having the same effect are found at
                30 CFR 785.20 (augering), and 30 CFR 785.25 (lands eligible for
                remining). These Federal program provisions do not apply to in situ
                operations. In situ processing cannot occur by the methods of, or under
                the geologic conditions associated with, either augering or
                [[Page 58049]]
                remining. Therefore, regulatory requirements specific to these types of
                activities should not be applied to in situ operations. Because in situ
                operations are not subject to augering or remining provisions under the
                Federal regulations, Montana's proposed revision exempting them under
                the State program is consistent with, and no less effective than, the
                counterpart Federal regulations at 30 CFR 785.20 and 785.25.
                 Finally, Montana's proposed revision at ARM 17.24.905(2)
                prescribes, ``all other rules may apply on a mine specific basis.''
                This subsection would allow Montana, in its discretion, to impose
                additional regulatory requirements beyond those already required by the
                approved program, other than those specifically exempted though this
                rule provision. As described above, Montana's program requirements,
                specific to in situ coal gasification operations, satisfy the minimum
                Federal standards governing in situ operations. Through the addition of
                ARM 17.24.905, Montana provides itself with the necessary regulatory
                flexibility to specify any additional requirements to impose on an in
                situ operation, beyond those already required and applied under its
                approved State program. Consequently, ARM 17.24.905(2) is not
                inconsistent with, and does not render its State program less effective
                than, the Federal requirements.
                 For the reasons provided above, we are approving ARM 17.24.905.
                2. ARM 17.24.902--Application Requirements for In Situ Coal Processing
                Operations
                 Montana proposes to revise the language in ARM 17.24.902(1) to add
                reference to ARM 17.24.905. Because we are approving ARM 17.24.905,
                revising ARM 17.24.902(1) to include this reference is appropriate to
                clarify which additional requirements may be applied to in situ coal
                gasification under the Montana program. We are therefore approving this
                revision to ARM 17.24.902(1).
                3. ARM 17.24.903--General Performance Standards
                 Similar to the proposed revision at ARM 17.24.902(1), Montana also
                proposes to revise the language at ARM 17.24.903(1) to incorporate
                reference to ARM 17.24.905. Because we are approving ARM 17.24.905,
                adding this reference in ARM 17.24.903(1) is appropriate to clarify
                which additional requirements may be applied to in situ coal
                gasification under the Montana program. We are therefore approving this
                revision to ARM 17.24.903(1).
                IV. Summary and Disposition of Comments
                Public Comments
                 OSMRE asked for public comments in the May 8, 2018, Federal
                Register (83 FR 20773) (Document ID No. OSM-2017-0001-0001). OSMRE did
                not receive any public comments or any request to hold a public meeting
                or public hearing.
                Federal Agency Comments
                 On March 6, 2017, under 30 CFR 732.17(h)(11)(i) and section 503(b)
                of SMCRA, we requested comments on the amendment from various Federal
                agencies with an actual or potential interest in the Montana program
                (Document ID No. OSM-2017-0001-0005). We received comments from the
                Mine Safety and Health Administration (MSHA) and the United States Army
                Corps of Engineers (USACE).
                 On April 10, 2017, MSHA provided a number of comments (Document ID
                No. OSM-2017-0001-0003), most of which pertained to definition changes
                in MSUMRA that were included in the Montana SB 292. OSMRE previously
                approved these definition changes in a separate Montana program
                amendment approval in the September 19, 2012, Federal Register (77 FR
                58022). Montana is not currently proposing any changes to its
                regulatory definitions. However, MSHA did also comment on Montana's
                proposed statutory revision at Mont. Code Ann. sec. 82-4-207, stating
                that MSHA may regulate in situ coal gasification as discussed in SB
                292, or any other form of coal gasification when active participation
                of miners occurs, as defined under the Federal Mine Safety and Health
                Act of 1977, 30 U.S.C.S. 801 et seq. (Mine Safety Act). OSMRE agrees
                that MSHA retains its authority to regulate mining activity under the
                Mine Safety Act, and OSMRE finds that Montana's amendment will not
                infringe upon MSHA's authority.
                 The USACE also commented on the proposed definition changes to
                MSUMRA that were included in SB 292 (Document ID No. OSM-2017-0001-
                0004). As stated above, these proposed definition changes were approved
                by OSMRE in a separate Montana program amendment approval in 2012 (77
                FR 58022). Therefore, USACE comments are not germane to the current
                amendment proposal.
                Environmental Protection Agency (EPA) Concurrence and Comments
                 Under 30 CFR 732.17(h)(11)(ii), we are required to get a written
                concurrence from EPA for those provisions of the program amendment that
                relate to air or water quality standards issued under the authority of
                the Clean Water Act (33 U.S.C. 1251 et seq.) or the Clean Air Act (42
                U.S.C. 7401 et seq.). None of the revisions that Montana proposed to
                make in this amendment pertain to air or water quality standards.
                Therefore, we did not ask EPA to concur on the amendment. However, on
                March 6, 2017, under 30 CFR 732.17(h)(11)(i), we requested comments
                from the EPA on the amendment (Document ID No. OSM-2017-0001-0005). The
                EPA did not respond to our request.
                State Historical Preservation Officer (SHPO) and the Advisory Council
                on Historic Preservation (ACHP)
                 Under 30 CFR 732.17(h)(4), we are required to request comments from
                the SHPO and ACHP on amendments that may have an effect on historic
                properties. On March 6, 2017, we requested comments on Montana's
                amendment (Document ID No. OSM-2017-0001-0006). We did not receive
                comments from the ACHP or SHPO.
                V. OSMRE's Decision
                 Based on the above findings, we are approving Montana's amendment
                that was submitted on February 27, 2017.
                 To implement this decision, we are amending the Federal
                regulations, at 30 CFR part 926 that codify decisions concerning the
                Montana program. In accordance with the Administrative Procedure Act,
                this rule will take effect 30 days after the date of publication.
                Section 503(a) of SMCRA requires that the State's program demonstrate
                that the State has the capability of carrying out the provisions of the
                Act and meeting its purposes. SMCRA requires consistency of State and
                Federal standards.
                VI. Procedural Determinations
                Executive Order 12630--Governmental Actions and Interference With
                Constitutionally Protected Property Rights
                 This rule would not effect a taking of private property or
                otherwise have taking implications that would result in public property
                taken for government use without just compensation under the law.
                Therefore, a takings implication assessment is not required. This
                determination is based on an analysis of the corresponding Federal
                regulations.
                Executive Order 12866--Regulatory Planning and Review and 13563--
                Improving Regulation and Regulatory Review
                 Executive Order 12866 provides that the Office of Information and
                Regulatory Affairs in the Office of Management and Budget (OMB) will
                review all significant
                [[Page 58050]]
                rules. Pursuant to OMB guidance, dated October 12, 1993, the approval
                of State program amendments is exempted from OMB review under Executive
                Order 12866. Executive Order 13563, which reaffirms and supplements
                Executive Order 12866, retains this exemption.
                Executive Order 13771--Reducing Regulation and Controlling Regulatory
                Costs
                 State program amendments are not regulatory actions under Executive
                Order 13771 because they are exempt from review under Executive Order
                12866.
                Executive Order 12988--Civil Justice Reform
                 The Department of the Interior has reviewed this rule as required
                by section 3(a) of Executive Order 12988. The Department determined
                that this Federal Register document meets the criteria of Section 3 of
                Executive Order 12988, which is intended to ensure that the agency
                review its legislation and proposed regulations to eliminate drafting
                errors and ambiguity; that the agency write its legislation and
                regulations to minimize litigation; and that the agency's legislation
                and regulations provide a clear legal standard for affected conduct
                rather than a general standard, and promote simplification and burden
                reduction. Because Section 3 focuses on the quality of Federal
                legislation and regulations, the Department limited its review under
                this Executive Order to the quality of this Federal Register document
                and to changes to the Federal regulations. The review under this
                Executive Order did not extend to the language of the State regulatory
                program or to the program amendment that the State of Montana drafted.
                Executive Order 13132--Federalism
                 This rule is not a ``[p]olicy that [has] Federalism implications''
                as defined by section 1(a) of Executive Order 13132 because it does not
                have ``substantial direct effects on the States, on the relationship
                between the national government and the States, or on the distribution
                of power and responsibilities among the various levels of government.''
                Instead, this rule approves an amendment to the Montana program
                submitted and drafted by that State. OSMRE reviewed the submission with
                fundamental federalism principles in mind as set forth in Sections 2
                and 3 of the Executive Order and with the principles of cooperative
                federalism set forth in SMCRA. See, e.g., 30 U.S.C. 1201(f). As such,
                pursuant to section 503(a)(1) and (7) (30 U.S.C. 1253(a)(1) and (7)),
                OSMRE reviewed the program amendment to ensure that it is ``in
                accordance with'' the requirements of SMCRA and ``consistent with'' the
                regulations issued by the Secretary pursuant to SMCRA.
                Executive Order 13175--Consultation and Coordination With Indian Tribal
                Governments
                 The Department of the Interior strives to strengthen its
                government-to-government relationship with Tribes through a commitment
                to consultation with Tribes and recognition of their right to self-
                governance and tribal sovereignty. We have evaluated this rule under
                the Department's consultation policy and under the criteria in
                Executive Order 13175, and have determined that it has no substantial
                direct effects on federally recognized Tribes or on the distribution of
                power and responsibilities between the Federal government and Tribes.
                Therefore, consultation under the Department's tribal consultation
                policy is not required. The basis for this determination is that our
                decision is on the Montana program that does not include Tribal lands
                or regulation of activities on Tribal lands. Tribal lands are regulated
                independently under the applicable, approved Federal program.
                Executive Order 13211--Actions Concerning Regulations That
                Significantly Affect Energy Supply, Distribution, or Use
                 Executive Order 13211 requires agencies to prepare a Statement of
                Energy Effects for a rulemaking 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
                a significant energy action under Executive Order 13211, a Statement of
                Energy Effects is not required.
                Executive Order 13405--Protection of Children From Environmental Health
                Risks and Safety Risks
                 This rule is not subject to Executive Order 13405, because this is
                not an economically significant regulatory action as defined by
                Executive Order 12866; and this action does not address environmental
                health or safety risks disproportionately affecting children.
                National Environmental Policy Act
                 Consistent with Sections 501(a) and 702(d) of SMCRA (30 U.S.C.
                1251(a) and (d), respectively) and the U.S. Department of the Interior
                Departmental Manual, Part 516 Section 13.5(A), State program amendments
                are not major Federal actions within the meaning of section 102(2)(C)
                of the National Environmental Policy Act (42 U.S.C. 4332(2)(C)).
                National Technology Transfer and Advancement Act
                 Section 12(d) of the National Technology Transfer and Advancement
                Act (15 U.S.C. 3701 et seq.) directs OSMRE to use voluntary consensus
                standards in its regulatory activities unless to do so would be
                inconsistent with applicable law or otherwise impractical. (OMB
                Circular A-119 at p. 14). This action is not subject to the
                requirements of Section 12(d) of the NTAA because application of those
                requirements would be inconsistent with SMCRA.
                Paperwork Reduction Act
                 This rule does not include requests and requirements of an
                individual, partnership, or corporation to obtain information and
                report it to a Federal agency. As this rule does not contain
                information collection requirements, a submission to OMB under the
                Paperwork Reduction Act (44 U.S.C. 3507 et seq.) is not required.
                Regulatory Flexibility Act
                 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 corresponding 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 corresponding
                Federal regulations.
                Small Business Regulatory Enforcement Fairness Act
                 This rule is not a major rule under 5 U.S.C. 804(2), the Small
                Business Regulatory Enforcement Fairness Act. This rule: (a) Does not
                have an annual effect on the economy of $100 million; (b) will not
                cause a major increase in costs or prices for consumers, individual
                industries, Federal, State, or local government agencies, or geographic
                regions; and (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
                [[Page 58051]]
                determination is based on an analysis of the corresponding Federal
                regulations, which were determined not to constitute a major rule.
                Unfunded Mandates Reform Act
                 This rule does not impose an unfunded mandate on State, local, or
                Tribal governments, or the private sector of $100 million per year.
                This rule does not have a significant or unique effect on State, local,
                or Tribal governments or the private sector. This determination is
                based on an analysis of the corresponding Federal regulations, which
                were determined not to impose an unfunded mandate. Therefore, a
                statement containing the information required by the Unfunded Mandates
                Reform Act (2 U.S.C. 1531 et seq.) is not required.
                List of Subjects in 30 CFR Part 926
                 Intergovernmental relations, Surface mining, Underground mining.
                 Dated August 30, 2019
                David Berry,
                Director, Unified Regions 5, 7, 8, 9, 10, 11.
                 For the reasons set out in the preamble, 30 CFR part 926 is amended
                as set forth below:
                PART 926--MONTANA
                0
                1. The authority citation for part 926 continues to read as follows:
                 Authority: 30 U.S.C. 1201 et seq.
                0
                2. Section 926.15 is amended in the table by adding an entry in
                chronological order by ``Date of final publication'' to read as
                follows:
                Sec. 926.15 Approval of Montana regulatory program amendments.
                * * * * *
                ------------------------------------------------------------------------
                 Original amendment submission Date of final
                 date publication Citation/description
                ------------------------------------------------------------------------
                
                 * * * * * * *
                February 27, 2017.............. 10/30/2019 Mont. Code Ann. 82-4-
                 207 In situ
                 gasification
                 rulemaking ARM
                 17.24.902, 17.24.903,
                 and 17.24.905, In situ
                 gasification.
                ------------------------------------------------------------------------
                [FR Doc. 2019-23514 Filed 10-29-19; 8:45 am]
                 BILLING CODE 4310-05-P
                

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