BEFORE THE BOARD OF ENVIRONMENTAL REVIEW

AND THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.4.101 pertaining to model rules

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NOTICE OF PROPOSED AMENDMENT   (MODEL RULES)   NO PUBLIC HEARING CONTEMPLATED

 

            TO:  All Concerned Persons

 

            1.  On March 16, 2009, the Board of Environmental Review and the Department of Environmental Quality propose to amend the above-stated rule.

 

            2.  The board and department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process and need an alternative accessible format of this notice.  If you require an accommodation, contact Elois Johnson, Paralegal, no later than 5:00 p.m., March 4, 2009, to advise us of the nature of the accommodation 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:

 

            17.4.101  MODEL RULES  (1)  The Department of Environmental Quality and the Board of Environmental Review herein adopt and incorporate the Attorney General's Model Organizational and Procedural Rules, ARM 1.3.101, 1.3.102, and 1.3.201, 1.3.202, 1.3.211 through 1.3.224, and 1.3.226 through 1.3.233, effective August 15, 2008, and the Secretary of State's Organizational and Procedural Rules, ARM 1.3.101, 1.3.102, 1.3.301, 1.3.302, 1.3.304, 1.3.305, 1.3.307 through 1.3.309, 1.3.311 through 1.3.313, and 44.17.101, as amended effective June 4, 1999 August 1, 2008, including the appendix of sample forms which follows the Attorney General's model rules, except as modified by (2) and (3) below, as authorized by 2-4-302, MCA.

            (2)  The incorporation of ARM 1.3.206 1.3.309 is modified by the addition of the rules in subchapter 2 of this chapter which incorporate requirements of statutes administered by the department and board.

            (3)  The incorporation of ARM 1.3.208 1.3.312 is modified by adding the words "or summary" and deleting the words "in full" in (2)(a)(i) so that it will read as follows:  "(i) either the text of the rule adopted or amended, or reference to the notice of proposed agency action in which the text or summary of the proposed rule or rule as proposed to be amended was printed, or reference to the page number of the Administrative Rules of Montana on which the repealed rule appears."

            (4)  ARM 1.3.101 and 1.3.102 are procedural rules required by MCA chapter implementing Article II, Section 8 of the 1972 Constitution, right of participation.  ARM 1.3.201, 1.3.202, 1.3.211 through 1.3.224, and 1.3.226 through 1.3.233 are organizational and procedural rules required by the Montana Administrative Procedure Act.  Copies of the model rules may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

 

            AUTH:  2-4-201, 2-4-202, MCA

            IMP:  2-4-201, MCA

 

            REASON:  Effective October 1, 2007, House Bill 70 transferred to the Secretary of State some model rules previously assigned to the Attorney General.  The rules transferred to the Secretary of State describe the organization of agencies and model rules of practice for agencies to use as a guide for the rulemaking process and in fulfilling the provisions of 2-4-201, MCA, which require agencies to adopt rules describing their organization and rules of practice.  On July 31, 2008, and August 14, 2008, the Secretary of State and Attorney General, respectively, finalized rulemakings implementing House Bill 70.  In making these rule changes, the Attorney General and Secretary of State revised their rules, adopted certain new rules, and repealed a rule, to conform the rules to the transfer of rules to the Secretary of State, define new terms, provide for use of online template forms, update the rules to conform to recent legislation and current rule drafting style, clarify the rules, reorganize the rules, and add certain statutory requirements to minimize the need for readers to rely on multiple sources in order to understand the administrative procedures.  This rule is being amended to reflect that the Board of Environmental Review and the Department of Environmental Quality adopt those rules as amended, amended and transferred, and adopted, with the modification shown in (3).

 

            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 March 12, 2009.  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 March 12, 2009.

 

            6.  If the board or department receives requests for a public hearing on the proposed action from either 10% 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.  Because the number of persons who are directly affected by the proposed action cannot be determined, for purposes of this rulemaking the board and department will schedule a hearing if requested by 25 or more of the persons who are directly affected by the proposed action.

 

7.  The board and department maintain a list of interested persons who wish to receive notices of rulemaking actions proposed by these entities.  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 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], or may be made by completing a request form at any rules hearing held by the board or department.

 

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

 

 

Reviewed by:                                     BOARD OF ENVIRONMENTAL REVIEW

 

 

 

/s/ John F. North                                 BY:    /s/ Joseph W. Russell                                 

JOHN F. NORTH                                           JOSEPH W. RUSSELL, M.P.H.,

Rule Reviewer                                               Chairman

 

 

DEPARTMENT OF ENVIRONMENTAL

                                                                        QUALITY

 

 

 

                                                            BY:      /s/ Richard H. Opper                                   

                                                                        RICHARD H. OPPER, Director

 

            Certified to the Secretary of State February 2, 2009.