TO: All Concerned Persons

1. On April 28, 2023, the Department of Environmental Quality published MAR Notice No. 17-429 pertaining to the proposed amendment and repeal of the above-stated rules at page 373 of the 2023 Montana Administrative Register, Issue Number 8.

2. The department has amended and repealed the above-stated rules as proposed.

3. The department received one comment. A summary of the comment and the department's response are as follows:

COMMENT #1: The commenter brought up concerns that within several places in the amended rules, the department has inserted language in regards to applications that applications would need to be submitted "in a format acceptable to the department." The commenter expressed concern based on experience developing an application in a different state and wanted more direction on what the department would consider an acceptable format.

RESPONSE #1: The comment seems to address the content of an application, including the structure and organization of the information included. The referenced rule amendment is not intended to address the content but rather the format, such as electronic or paper or file type, of the application. However, the department appreciates the comment and agrees that it is in the best interests of everyone involved to provide as much regulatory certainty as possible in administrative rules. It is also best practice to limit the frequency of rule amendments and to provide flexibility where possible and where it does not interfere with the purpose or protectiveness of the regulation.  

In this situation, the department's intent with the proposed new language is to increase, not limit, flexibility in order to allow for a variety of application formats, recognizing that technology is advancing at a rapid speed and what works for an applicant this year may no longer be an appropriate format in five years. 

Experience suggests that on any project proposed under the Montana Major Facility Siting Act, there will be a certain level of consultation between the applicant and the department regarding application requirements and materials prior to submittal of the application. The department encourages and appreciates this consultation and will work with applicants throughout this process to identify a format that is convenient and accessible for all parties, including the public. At this time, the department will not be making additional rule changes as a result of this comment.

Certified to the Secretary of State July 25, 2023.