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
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.