BEFORE THE BOARD OF ENVIRONMENTAL REVIEW
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 17.8.102 pertaining to incorporation by reference--publication dates
NOTICE OF AMENDMENT
TO: All Concerned Persons
1. On February 27, 2014, the Board of Environmental Review published MAR Notice No. 17-353 regarding a notice of public hearing on the proposed amendment of the above-stated rule at page 353, 2014 Montana Administrative Register, Issue Number 4.
2. The board has amended the rule as proposed, but with the following changes, stricken matter interlined, new matter underlined:
17.8.102 INCORPORATION BY REFERENCE--PUBLICATION DATES
(1) through (2)(b) remain as proposed.
(3) A copy of materials incorporated by reference in this chapter is available for public inspection and copying at the Department of Environmental Quality, 1520 E. 6th Avenue, P.O. Box 200901, Helena, MT 59620-0901.
(4) Copies of federal materials also may be obtained from:
(a) National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161; phone: (800) 553-5847 or (703) 504-5000; fax: (703) 504-5900; e-mail: email@example.com; web: http://www.ntis.gov;
(b) National Service Center for Environmental Publications (NSCEP), P.O. Box 42419, Cincinnati, OH 45242-0419; phone: (800) 490-9198 or (513) 489-8190; fax: (513) 489-8595; e-mail: firstname.lastname@example.org; web: http://www.epa.gov/ncepihom;
(c) U.S. Government Printing Office, Information Dissemination (Superintendent of Documents), P.O. Box 371954, Pittsburgh, PA 15250-7954; phone: (866) 512-1800 or (202) 512-2104; e-mail: email@example.com; web: http://www.gpoaccess.gov; and
(d) the EPA regional office libraries listed at http://www.epa.gov/natlibra/libraries.htm.
3. The following comment was received and appears with the board's response:
COMMENT NO. 1: The department commented that proposed (3) and (4), which would state where the public may find and review materials incorporated by reference in ARM Title 17, chapter 8, is redundant. Each subchapter in chapter 8 in which regulatory provisions are incorporated by reference already contains a statement as to where the incorporated materials may be reviewed and copied or obtained.
RESPONSE: ARM 17.8.102 has been amended as shown above in response to the comment.
4. No other comments or testimony were received.
Reviewed by: BOARD OF ENVIRONMENTAL REVIEW
/s/ John F. North By: /s/ Robin Shropshire
JOHN F. NORTH ROBIN SHROPSHIRE
Rule Reviewer Chairman
Certified to the Secretary of State, June 2, 2014.