Montana Administrative Code

18.2.202 DEFINITION OF MEPA TERMS (IS HEREBY REPEALED) Authorizing statute(s): 75-1-201, 2-4-103, 2-4-201, and 2-4-202, MCA Implementing statute(s): 75-1-201, 2-4-103, 2-4-201, and 2-4-202, MCA History: NEW, Eff. 1/4/77; REP, 1988 MAR p. 2692, Eff. 12/23/88.

18.2.203 DETERMINATION OF PRELIMINARY ENVIRONMENTAL REVIEW (IS HEREBY REPEALED) Authorizing statute(s): 75-1-201, 2-4-103, 2-4-201, and 2-4-202, MCA Implementing statute(s): 75-1-201, 2-4-103, 2-4-201, and 2-4-202, MCA History: NEW, Eff. 1/4/77; REP, 1988 MAR p. 2692, Eff. 12/23/…

18.2.204 PREPARATION OF PRELIMINARY ENVIRONMENTAL REVIEW (IS HEREBY REPEALED) Authorizing statute(s): 75-1-201, 2-4-103, 2-4-201, and 2-4-202, MCA Implementing statute(s): 75-1-201, 2-4-103, 2-4-201, and 2-4-202, MCA History: NEW, Eff. 1/4/77; REP, 1988 MAR p. 2692, Eff. 12/23/88…

18.2.221 DRAFT ENVIRONMENTAL IMPACT STATEMENTS (IS HEREBY REPEALED) Authorizing statute(s): 75-1-201, 2-4-103, 2-4-201, and 2-4-202, MCA Implementing statute(s): 75-1-201, 2-4-103, 2-4-201, and 2-4-202, MCA History: NEW, Eff. 1/4/77; REP, 1988 MAR p. 2692, Eff. 12/23/88.

18.2.222 FINAL ENVIRONMENTAL STATEMENTS (IS HEREBY REPEALED) History: 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA; IMP , Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA; NEW , Eff. 1/4/77; REP , 1988 MAR p. 2692, Eff. 12/23/88.) Authorizing statute(s): 75-1-201, 2-4-103, 2-4-201…

18.2.223 TIMING OF ENVIRONMENTAL IMPACT STATEMENTS-COMMENTS AND RESPONSES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA Implementing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA History: NEW, Eff. 1/4/77; REP, 1988 M…

18.2.224 COMMENTS ON ENVIRONMENTAL IMPACT STATEMENTS ARE PUBLIC DOCUMENTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA Implementing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA History: NEW, Eff. 1/4/77; REP, 1988 M…

18.2.225 LEAD AGENCY STATUS WHERE TWO OR MORE AGENCIES ARE INVOLVED IN SIMILAR ACTIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA Implementing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA History: NEW, Eff. 1/4/77…

18.2.226 JOINT ENVIRONMENTAL IMPACT STATEMENTS BY TWO OR MORE AGENCIES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA Implementing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA History: NEW, Eff. 1/4/77; REP, 1988 MAR …

18.2.227 REFERENCE TO EXISTING ENVIRONMENTAL IMPACT STATEMENT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-201, 2-4103, 2-4-201, and 2-4-202 MCA Implementing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA History: NEW, Eff. 1/4/77; REP, 1988 MAR p. 2692, E…

18.2.228 SUBSTITUTION OF NEPA ENVIRONMENTAL IMPACT STATEMENT FOR MEPA ENVIRONMENTAL IMPACT STATEMENT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA Implementing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA History: NE…

18.2.229 CONFLICTS PREVENTING COMPLIANCE WITH RULES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA Implementing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA History: NEW, Eff. 1/4/77; REP, 1988 MAR p. 2692, Eff. 12/23…

18.2.230 EMERGENCY SITUATIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA Implementing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA History: NEW, Eff. 1/4/77; REP, 1988 MAR p. 2692, Eff. 12/23/88.

18.2.231 PUBLIC HEARINGS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA Implementing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA History: NEW, Eff. 1/4/77; REP, 1988 MAR p. 2692, Eff. 12/23/88.

18.2.232 FEES - ENVIRONMENTAL IMPACT STATEMENTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-202, 2-4-103, 2-4-201 and 2-4-202 MCA Implementing statute(s): Sec. 75-1-202, 2-4-103, 2-4-201 and 2-4-202 MCA History: NEW, Eff. 1/4/77; REP, 1988 MAR p. 2692, Eff. 12/23/88.…

18.2.233 PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA Implementing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA History: NEW, Eff. 1/4/77; REP, 1988 MA…

18.2.234 RETROACTIVE APPLICATION OF THE MEPA RULES - WHERE PROHIBITED (IS HEREBY REPEALED) Authorizing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA Implementing statute(s): Sec. 75-1-201, 2-4-103, 2-4-201, and 2-4-202 MCA History: NEW, Eff. 1/4/77; REP, 1988 MAR p…

18.2.235 POLICY STATEMENT CONCERNING MEPA RULES The purpose of ARM 18.2.235 through 18.2.260 is to implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) , through the establishment of administrative procedures. MEPA requires that state agencies comply wi…

18.2.236 DEFINITIONS "Action" means a project, program or activity directly undertaken by the agency; a project or activity supported through a contract, grant, subsidy, loan or other form of funding assistance from the agency, either singly or in combination with one or more oth…

18.2.237 GENERAL REQUIREMENTS OF THE ENVIRONMENTAL REVIEW PROCESS Section 75-1-201 requires state agencies to integrate use of the natural and social sciences and the environmental design arts in planning and in decision-making, and to prepare a detailed statement (an EIS) on eac…

18.2.238 DETERMINING THE SIGNIFICANCE OF IMPACTS In order to implement 75-1-201, MCA, the agency shall determine the significance of impacts associated with a proposed action. This determination is the basis of the agency's decision concerning the need to prepare an EIS and also …

18.2.239 PREPARATION AND CONTENTS OF ENVIRONMENTAL ASSESSMENTS The agency shall prepare an EA, regardless of its length or the depth of analysis, in a manner which utilizes an interdisciplinary approach. The agency may initiate a process to determine the scope of issues to be add…

18.2.240 PUBLIC REVIEW OF ENVIRONMENTAL ASSESSMENTS The level of analysis in an EA will vary with the complexity and seriousness of environmental issues associated with a proposed action. The level of public interest will also vary. The agency is responsible for adjusting public …

18.2.241 DETERMINING THE SCOPE OF AN EIS Prior to the preparation of an EIS, the agency shall initiate a process to determine the scope of the EIS. To identify the scope of an EIS, the agency shall: invite the participation of affected federal, state, and local government agencie…

18.2.242 ENVIRONMENTAL IMPACT STATEMENTS--GENERAL REQUIREMENTS The following apply to the design and preparation of EISs: The agency shall prepare EISs that are analytic rather than encyclopedic. The agency shall discuss the impacts of a proposed action in a level of detail that …

18.2.243 PREPARATION AND CONTENTS OF DRAFT ENVIRONMENTAL IMPACT STATEMENTS If required by these rules, the agency shall prepare a draft environmental impact statement using an interdisciplinary approach and containing the following: a description of the proposed action, including…

18.2.244 ADOPTION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT AS FINAL Depending upon the substantive comments received In the event the agency determines to adopt the draft EIS, the agency shall notify the governor, the Environmental Quality Council, the applicant, if any, and all c…

18.2.245 PREPARATION AND CONTENTS OF FINAL ENVIRONMENTAL IMPACT STATEMENT Except as provided in ARM 18.2.244, a final environmental impact statement must include: a summary of major conclusions and supporting information from the draft EIS and the responses to substantive comment…

18.2.246 TIME LIMITS AND DISTRIBUTION OF ENVIRONMENTAL IMPACT STATEMENTS Following preparation of a draft EIS, the agency shall distribute copies to the governor, EQC, appropriate state and federal agencies, the applicant, if any, and persons who have requested copies. The listed…

18.2.247 SUPPLEMENTS TO ENVIRONMENTAL IMPACT STATEMENTS The agency shall prepare supplements to either draft or final environmental impact statements whenever: the agency or the applicant makes a substantial change in a proposed action; there are significant new circumstances, di…

18.2.248 ADOPTION OF AN EXISTING EIS The agency shall adopt as part of a draft EIS all or any part of the information, conclusions, comments, and responses to comments contained in an existing EIS that has been previously or is being concurrently prepared pursuant to MEPA or the …

18.2.249 INTERAGENCY COOPERATION Whenever it is the lead agency responsible for preparation of an EIS, the agency may: request the participation of other governmental agencies which have special expertise in areas that should be addressed in the EIS; allocate assignments, as appr…

18.2.250 JOINT ENVIRONMENTAL IMPACT STATEMENTS AND EA'S Whenever the agency and one or more other state agencies have jurisdiction over an applicant's proposal or major state actions that individually, collectively, or cumulatively require an EIS and another agency is clearly the…

18.2.251 PREPARATION, CONTENT, AND DISTRIBUTION OF A PROGRAMMATIC REVIEW Whenever the agency is contemplating a series of agency-initiated actions, programs, or policies which in part or in total may constitute a major state action significantly affecting the human environment, i…

18.2.252 RECORD OF DECISION FOR ACTIONS REQUIRING ENVIRONMENTAL IMPACT STATEMENTS At the time of its decision concerning a proposed action for which an EIS was prepared, the agency shall prepare a concise public record of decision. The record, which may be integrated into any oth…

18.2.253 EMERGENCIES The agency may take or permit action having a significant impact on the quality of the human environment in an emergency situation without preparing an EIS. Within 30 days following initiation of the action, the agency shall notify the governor and the EQC as…

18.2.254 CONFIDENTIALITY Information declared confidential by state law or by an order of a court must be excluded from an EA and EIS. The agency shall briefly state the general topic of the confidential information excluded. Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA Imp…

18.2.255 RESOLUTION OF STATUTORY CONFLICTS Whenever a conflicting provision of another state law prevents the agency from fully complying with ARM 18.2.235 through 18.2.260 the agency shall notify the governor and the EQC of the nature of the conflict and shall suggest a proposed…

18.2.256 CONTRACTS AND DISCLOSURE The agency may contract for preparation of an EIS or portions thereof. Whenever an EIS or portion thereof is prepared by a contractor, the agency shall furnish guidance and participate in the preparation, independently evaluate the statement or p…

18.2.257 PUBLIC HEARINGS Whenever a public hearing is held on an EIS or an EA, the agency shall issue a news release or legal notice to newspapers of general circulation in the area to be affected by the proposed action prior to the hearing. The news release or legal notice must …

18.2.258 FEES: DETERMINATION OF AUTHORITY TO IMPOSE Whenever an application for a lease, permit, contract, license or certificate is expected to result in the agency incurring expenses in excess of $2,500 to compile an EIS, the applicant is required to pay a fee in an amount the …

18.2.259 FEES: DETERMINATION OF AMOUNT After receipt of the applicant's estimated cost of the project and analysis of an agency's preliminary estimate of the cost of acquiring information and data for the EIS, the agency shall notify the applicant within 15 days of the final amou…

18.2.260 USE OF FEE The fee assessed hereunder may only be used to gather data and information necessary to compile an EIS. No fee may be assessed if an agency intends only to compile an EA or a programmatic review. If a department collects a fee and later determines that additio…

18.2.261 ACTIONS THAT QUALIFY FOR A CATEGORICAL EXCLUSION Categorical exclusions (CE) are types of actions which do not individually, collectively, or cumulatively require the preparation of an environment assessment or an environmental impact statement unless the action involves…

18.3.101 PURPOSE Public contracts for construction, repair and public works are to be awarded to the lowest responsive, responsible bidder. The Montana department of transportation will debar or suspend contractors which violate these rules, and will not do business with, or allo…

18.3.102 DEFINITIONS The following definitions shall apply for the purpose of these rules: "Adequate evidence" means information sufficient to support the reasonable belief that a particular act or omission has occurred. "Administrator" is an administrator of a division of the Mo…

18.3.103 SCOPE During a period of debarment by the department, another Montana state government agency, any other state, or the federal government, a debarred person may not participate in work, contracts or projects with the department, whether or not the department knew of the …

18.3.104 REASONS FOR DEBARMENT A person may be debarred upon adequate evidence that the person: Has been convicted of, or has committed, one of the following offenses, whether a violation of any state's or federal law or regulation, within the prior three years: Fraud or a crimin…

18.3.105 PROCEDURES If the department receives or learns of credible information that a person has engaged in conduct which may warrant debarment, the department shall initiate and follow the following procedure. The administrator of the division concerned with the alleged conduc…

18.3.106 SUSPENSION Pending debarment proceedings or an investigation, which initial information or indications indicate may lead to discovery of facts for which debarment proceedings may be initiated, the department may suspend a person from contracting with the department or pa…