[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Notices]
[Pages 15265-15267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05623]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation and Enforcement

[S1D1S SS08011000 SX064A000 222S180110; S2D2S SS08011000 SX064A000 
22XS501520]


Notice of Intent To Prepare an Environmental Impact Statement for 
Navajo Transitional Energy Company's Spring Creek Mine Federal Mining 
Plan Modification for Federal Coal Lease MTM-94378

AGENCY: Office of Surface Mining Reclamation and Enforcement, Interior.

ACTION: Notice of intent to prepare an environmental impact statement.

-----------------------------------------------------------------------

SUMMARY: The Office of Surface Mining Reclamation and Enforcement 
(OSMRE) is publishing this notice to announce that, consistent with 
direction from the U.S. District Court of Montana, it will prepare an 
Environmental Impact Statement (EIS) for Navajo Transitional Energy 
Company's (NTEC) Federal mining plan modification for Federal Coal 
Lease MTM-94378 (the Project). With this notice, OSMRE also announces 
that it will hold a public scoping meeting, including a 30-day public 
scoping period to receive comments on the environmental issues that 
OSMRE should analyze in this EIS. The Spring Creek Mine (SCM) is 
located in Big Horn County, Montana, approximately 32 miles from 
Sheridan, Wyoming. The SCM started operation in 1974 and is expected to 
continue to operate until at least 2025 under the current approved 
mining plan. The proposed Project would allow 184.1 acres of additional 
surface disturbance and recovery of an additional 51.5 million tons 
(Mt) of Federal coal. Under the proposed Project, SCM would continue to 
mine approximately 13-18 million tons per year (Mtpy) and the 
production would extend for an additional 3-4 years, depending on 
production rates. OSMRE plans to analyze the environmental effects of 
an annual production rate of 18 Mtpy for 4 additional years of 
production, which is the maximum estimated future annual production 
rate. This rate is below the

[[Page 15266]]

maximum permitted production rate of 30 Mtpy established by the Montana 
Department of Environmental Quality (MDEQ)-Air Quality Division (AQD) 
Air Quality Permit MAQP #1120-12.

DATES: OSMRE requests comments concerning the scope of the analysis in 
the EIS, and identification of relevant information, studies, and 
analyses. All comments must be received April 18, 2022. The public 
scoping meeting will be held via Zoom from 4:00-6:00 p.m. MST on March 
31, 2022. Please register to attend and provide verbal comments during 
the Zoom public scoping meeting at the following address: (https://www.osmre.gov/laws-and-regulations/nepa/projects). There will also be a 
telephone number provided upon registration.

ADDRESSES: 
    You may submit comments related to the Project by any of the 
following methods:
     Email: [email protected].
     Mail: ATTN: Spring Creek Mining Plan Modification EIS, C/
O: Logan Sholar, OSMRE Western Regions 5, 7-11, P.O. Box 25065, 
Lakewood, CO 80225-0065.

FOR FURTHER INFORMATION CONTACT: Logan Sholar, NEPA Project Manager; 
telephone (303) 236-6038; email: [email protected] or at the address 
and email provided in the ADDRESSES section.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday.

SUPPLEMENTARY INFORMATION: OSMRE Regions 5, 7-11 will prepare an EIS 
for SCM's mining plan modification to address issues identified by the 
U.S. District Court for the District of Montana (the Court) in a 2021 
ruling related to the environmental analysis previously prepared by 
OSMRE for Federal Coal Lease MTM 94378. In accordance with the Mineral 
Leasing Act of 1920, the Department of the Interior Assistant Secretary 
for Land and Minerals Management (ASLM) must approve, disapprove, or 
approve the Project with conditions because the Project contains leased 
Federal coal. The SCM is operated by NTEC under State Mine Permit 
C1979012, issued by MDEQ, in accordance with its regulatory authority.
    On February 3, 2021, the Court held that OSMRE failed to adequately 
examine the impacts of coal transportation, non-greenhouse gas 
emissions, and greenhouse gas emissions in preparing their 2012 
Environmental Assessment and recommending approval of the mining plan 
modification for Federal Coal Lease MTM-94378. The Court deferred 
vacatur of the mining plan modification decision for 240 days and is 
allowing OSMRE to conduct remedial NEPA analysis. On August 5, 2021, 
OSMRE notified the Court that it would prepare an EIS and requested an 
extension of the deferred vacatur until April 1, 2023, which the Court 
granted.
    Purpose and Need for the Proposed Action:
    The purpose of this EIS is to respond to the Court's ruling and 
analyze the effects of coal transportation and greenhouse and non-
greenhouse gas emissions resulting from the proposed Project. The EIS 
will also consider any new information available in analyzing potential 
impacts to other resources in the environment that could result from 
the Project.
    The Project is needed to allow NTEC, the current mine operator, the 
opportunity to exercise its valid existing rights for Federal Coal 
Lease MTM-94378 granted by the Bureau of Land Management.

Preliminary Proposed Project

    The proposed Project would allow 184.1 acres of additional surface 
disturbance and recovery of an additional 51.5 Mt of federal coal. SCM 
started operation in 1974 and is expected to continue to operate until 
approximately 2025 under the current, approved mining plan. The 
proposed Project would extend the life of the mine for 3-4 years, 
allowing an additional 13-18 Mtpy, depending on production rates.

Summary of Expected Impacts

    The Agency has completed internal scoping and identified 
preliminary analysis issues that will be evaluated in the EIS. 
Reasonably foreseeable effects of mining Federal coal will be evaluated 
for the following resources:

 Air Quality (measured as concentration of criteria air 
pollutants regulated under the National Ambient Air Quality Standards, 
Hazardous Air Pollutants, and Air Quality Related Values such as 
visibility (haze) and atmospheric deposition)
 Combustion of greenhouse gases as it relates to climate change 
measured in terms of carbon dioxide equivalent for both 20-year and 
100-year global warming potentials
 Surface water and groundwater quality and quantity
 Socio-economic effects, including changes to state and local 
taxes, royalties, fees, lease bids and bonuses, as well as payroll 
benefits as well as effects to Environmental Justice populations
 Federally listed threatened/endangered species
 Geology
 Soils
 Cultural Resources
 Visual Resources
 Wildlife

Anticipated Permits and Authorizations

    None at this time.

Schedule for the Decision-Making Process

    The Department plans to issue the Record of Decision on or before 
April 1, 2023.

Public Scoping Process

    All public scoping comments must be submitted by email or by mail 
to the addresses listed under ADDRESSES. Before including your address, 
phone number, email address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be made public at 
any time. While you may request in your comment to withhold your 
personal identifying information from public review, OSMRE cannot 
guarantee that this will occur.
    The Project web page located at (https://www.osmre.gov/laws-and-regulations/nepa/projects) will include the description of the Project 
as submitted by NTEC, a map of the proposed mining plan modification, 
and information about how to submit public comment on issues or 
concerns related to the Project.
    OSMRE will review and consider all public scoping comments received 
and prepare a Scoping Summary Report. The Scoping Summary Report will 
be used by OSMRE to identify issues to be included in the EIS analysis, 
resources and issues that can be dismissed from detailed analysis 
because they are not present or not affected by the Project, and 
potential alternatives to be analyzed.

Request for Identification of Potential Alternatives, Information, and 
Analyses Relevant to the Proposed Action

    In addition to comments concerning the scope of the EIS analysis, 
commenters are encouraged to identify relevant information, studies, 
and analyses that would assist the Department in making its decision 
and identify potential alternatives to the Project.

[[Page 15267]]

Lead and Cooperating Agencies

    OSMRE is the lead agency for this EIS. The BLM and MDEQ have been 
invited to be cooperating agencies on the OSMRE EIS. Other federal 
agencies, state, tribal, and local governments with jurisdiction by law 
or special expertise that are interested in participating in the 
preparation of this EIS should contact the above mentioned NEPA Project 
Manager.

Decision Maker

    Assistant Secretary for Lands and Minerals Management.

Nature of Decision To Be Made

    Informed by the EIS analysis, OSMRE will make a recommendation to 
the ASLM to approve, disapprove, or approve with conditions the mining 
plan modification for Federal Coal Lease MTM-94378. The ASLM will 
consider OSMRE's recommendation when deciding to approve, disapprove, 
or approve with conditions the mining plan modification for Federal 
Coal Lease MTM-94378. OSMRE's recommendation to the ASLM is based, at a 
minimum, on the documentation specified at 30 CFR 746.13.

David Berry,
Regional Director, Interior Regions 5, 7-11.
[FR Doc. 2022-05623 Filed 3-16-22; 8:45 am]
BILLING CODE 4310-05-P