Mont. Admin. R. 17.8.1402 - INCORPORATION BY REFERENCE
(1) For the
purposes of this subchapter, the department adopts and incorporates by
reference the following:
(a) 40 CFR Part 93,
subpart B, which requires the conformity of general federal actions, other than
those covered by subpart A, to state or federal implementation plans, with the
following changes:
(i) the reference to 40
CFR Part 51, subpart T, in 40 CFR 93.153(a),
is replaced by ARM
17.8.1301, et seq.
(ii) the references to 40 CFR Part 51,
subpart T, and 40 CFR
93, subpart A, in
40 CFR
93.158(a)(5)(ii) are
replaced by ARM 17.8.1301, et seq.
(iii)
40 CFR
93.160(f) is replaced by:
"written commitments to mitigation measures must be obtained prior to a
positive conformity determination and such commitments must be
fulfilled."
(iv)
40 CFR
93.160(g) is replaced by:
"Any agreements, including mitigation measures, necessary for a conformity
determination will be both state and federally enforceable. Enforceability
through the State Implementation Plan (SIP) will apply to all persons who agree
to mitigate direct and indirect emissions associated with a federal action for
a conformity determination."
(2) Copies of materials incorporated by
reference in this subchapter may be obtained as referenced in ARM
17.8.102(3) and
(4).
Notes
AUTH: 75-2-112, MCA; IMP: 75-2-202, MCA
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) For the purposes of this subchapter, the department adopts and incorporates by reference the following:
(a) 40 CFR Part 93, subpart B, which requires the conformity of general federal actions, other than those covered by subpart A, to state or federal implementation plans, with the following changes:
(i) the reference to 40 CFR Part 51, subpart T, in 40 CFR 93.153(a), is replaced by ARM 17.8.1301, et seq.
(ii) the references to 40 CFR Part 51, subpart T, and 40 CFR 93, subpart A, in 40 CFR 93.158(a)(5)(ii) are replaced by ARM 17.8.1301, et seq.
(iii) 40 CFR 93.160(f) is replaced by: "written commitments to mitigation measures must be obtained prior to a positive conformity determination and such commitments must be fulfilled."
(iv) 40 CFR 93.160(g) is replaced by: "Any agreements, including mitigation measures, necessary for a conformity determination will be both state and federally enforceable. Enforceability through the State Implementation Plan (SIP) will apply to all persons who agree to mitigate direct and indirect emissions associated with a federal action for a conformity determination."
(2) Copies of materials incorporated by reference in this subchapter may be obtained as referenced in ARM 17.8.102(3) and (4).
Notes
AUTH: 75-2-112, MCA; IMP: 75-2-202, MCA