Administrative Rules of the State of Montana

BEFORE THE MONTANA COAL BOARD

DEPARTMENT OF COMMERCE

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 8.101.203 and 8.101.302 pertaining to the Montana Coal Board and applications for Montana Coal Board grant assistance

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO: All Concerned Persons

1. On June 23, 2016, at 10:00 a.m., a public hearing will be held in Room 228 of the Park Avenue Building, 301 South Park Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rules.

2. The Department of Commerce 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 no later than 5:00 p.m., June 21, 2016, to advise us of the nature of the accommodation that you need. Please contact Bonnie J. Martello, Paralegal, Director's Office, Department of Commerce, 301 South Park Avenue, P.O. Box 200501, Helena, Montana 59620-0501; telephone (406) 841-2596; TDD (406) 841-2702; fax (406) 841-2771; or e-mail [email protected].

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

8.101.203 CATEGORICAL EXCLUSIONS FROM ENVIRONMENTAL REVIEW PROCESS (1) As authorized by ARM 8.2.304(5), the board may categorically exclude~~s the following~~ projects from MEPA requirements which apply to ARM 8.2.328 and will not normally prepare either an environmental assessment or an environmental impact statement in considering applications for grants or loans to finance these projects.

(a) projects that will be partially funded by, or for which the applicant must obtain a permit from, a state or federal agency which, by reason of its funding or permitting function, has primary responsibility to consider the environmental impacts of the project under MEPA or the National Environmental Policy Act;

~~(b) projects primarily involving the acquisition of capital equipment;~~

~~(c) projects primarily involving planning studies or scientific research and analysis; or~~

~~(d) projects primarily involving, the provision of human services.~~

(2) If information available to the board suggests that a proposed project in one of the categories described in (1)(b) through (1)(d) may significantly affect the quality of the human environment, the board may, in its discretion, require an applicant to provide additional information relevant to environmental concerns and the board will prepare an environmental assessment or environmental impact statement as may be appropriate.

AUTH: 90-6-205, MCA

IMP: 75-1-201, MCA

REASON: The Montana Coal Board has decided to modify the existing exemptions in order to use exemptions established by the department which allows for greater coordination between projects funded by the board and the department. This modification also allows projects expanded language when using environmental exemptions.

8.101.302 APPLICATION FORM (LIF 1-75) (1) remains the same.

(2) Applications will be evaluated based on the five criteria listed in ARM 8.101.301, and must include documentation of a completed environmental review process. The application shall be considered by the Coal Board during the next scheduled quarterly meeting after receipt of the completed application, and either be approved, denied, or tabled pending submittal of additional information to the Coal Board. The application form is available online.

(3) and (4) remain the same.

(5) Coal impact grant funds used for the preparation of plans, studies, analyses, or necessary research for the preparation of a preliminary engineering report must meet the requirements of the most current Uniform Application for Montana Public Facility Projects. Coal impact grant funds used for the preparation of a preliminary architectural report must meet the requirements described in the Coal Impact Grant Application. This application is available online at http://comdev.mt.gov/Boards/Coal.

AUTH: 90-6-205, MCA

IMP: 90-6-208, MCA

4. Concerned persons may submit their data, views, or arguments concerning the proposed actions either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Coal Board, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523; telephone (406) 841-2819; fax (406) 841-2702; or e-mail [email protected], and must be received no later than 5:00 p.m., July 1, 2016.

5. Melinda Cummings, Coal Board Administrative Officer, Department of Commerce, has been designated to preside over and conduct this hearing.

6. 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 Department of Commerce, 301 South Park Avenue, P.O. Box 200523, Helena, Montana 59620-0523, by fax to (406) 841-2702, by e-mail to [email protected], or may be made by completing a request form at any rules hearing held by the department.

7. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

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 rules will not significantly and directly impact small businesses.

/s/ Kelly A. Lynch /s/ Douglas Mitchell

KELLY A. LYNCH DOUGLAS MITCHELL

Rule Reviewer Deputy Director

Department of Commerce

Certified to the Secretary of State May 23, 2016.