BEFORE THE Department of TRANSPORTATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 18.2.261 pertaining to Montana Environmental Policy Act categorical exclusions

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On October 23, 2014, the Department of Transportation published MAR Notice No. 18-152 pertaining to the proposed amendment of the above-stated rule at page 2492 of the 2014 Montana Administrative Register, Issue Number 20.

 

2. The department has amended the above-stated rule as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

18.2.261 ACTIONS THAT QUALIFY FOR A CATEGORICAL EXCLUSION

(1) through (5)(f) remain as proposed.

 

AUTH:  2-3-103, 2-4-201, 75-1-103, 75-1-201, MCA

IMP:  75-1-103, 75-1-201, MCA

 

3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT # 1: MDT staff received a suggestion from Legislative Services Division that the authority citation include the citations to 2-3-103 and 2-4-201, MCA, to clarify the department's general rulemaking authority in implementing the Montana Environmental Policy Act.

 

RESPONSE #1: MDT agrees with the comment and will amend the authority citation as noted above.

 

 

 

/s/ Carol Grell Morris                                   /s/ Michael T. Tooley           _________

Carol Grell Morris                                        Michael T. Tooley

Rule Reviewer                                             Director

                                                                  Department of Transportation

 

Certified to the Secretary of State December 1, 2014.