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| Montana Administrative Register Notice 17-345 | No. 7 04/11/2013 | |
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BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY OF THE STATE OF MONTANA
TO: All Concerned Persons 1. On May 3, 2013, at 9:00 a.m., the Department of Environmental Quality will hold a public hearing in Room 111, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule. 2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact Elois Johnson, Paralegal, no later than 5:00 p.m., April 22, 2013, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov. 3. The rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined: 17.50.301 STATE SOLID WASTE MANAGEMENT AND RESOURCE RECOVERY PLAN (1) The (2) "Department" means the Department of Environmental Quality provided for in 2-15-3501, MCA. AUTH: IMP: 75-10-111, 75-10-807, MCA REASON: The Department of Environmental Quality (department) is required by 75-10-104, 75-10-111, and 75-10-807, MCA, to review and update, as necessary, the State's state solid waste management and resource recovery plan (Plan). The current Plan was adopted in 2006 and evaluated yearly and at the five year mark and significant changes were not deemed necessary. During the 2012 review, department staff determined that an update was necessary to make the plan reflect existing targets and conditions in the following respects: 1. Include statutory changes in 2005 to targets for waste reduction from recycling and composting that were addressed in the 2006 Plan; 2. Report current diversion rates and landfill capacities; 3. Describe changed market conditions such as the increase of both electronic waste and construction waste, and review actions needed to address them; and 4. Describe public interest in rural community recycling, and review approaches for increasing recycling there. The department, therefore, drafted a proposed update to the Plan that addresses these matters. More specific rationales for plan components are contained in the proposed Plan. Upon adoption, the 2013 Plan will serve as a planning document for department activities as well as an educational document for state and local governments. The Board of Environmental Review (board) adopted and incorporated the 2006 Integrated Waste Management Plan by reference in ARM 17.50.301. Section 75-10-111, MCA, was amended in 2007 to give the department, rather than the board, the authority and duty to adopt the Plan and to require the department to follow the rulemaking procedures of the Montana Administrative Procedure Act when adopting updates to the Plan. To adopt the proposed update, it is necessary for the department to amend ARM 17.50.301(1) by substituting the department for the board and amending the version of the Plan incorporated by reference from 2006 to 2013. In addition, the rule currently uses the word "department" but does not define it. The department proposes to correct this by adopting a new (2) that defines "department" to mean the department of environmental quality. The department is proposing to adopt the update to the Plan by reference because it would be unduly cumbersome, expensive, or otherwise inexpedient to publish the entire Plan in the Montana Administrative Register (Register) and Administrative Rules of Montana. It is reasonable to adopt it by reference. See 2-4-307, MCA. The Plan consists of 32 pages, and it would cost the department $50/page to publish the entire proposed plan in the Register, for a total additional cost of $ 1,600.00, plus an additional cost at $50/page to publish any changes in the final plan. Furthermore, each time the Plan is updated, each page where a change is proposed would have to be published, at $50/page. To save money and avoid making the Register too cumbersome, the department is proposing to adopt the Plan by reference. The entire updated Plan will be made available to the public in electronic form on the department's web site, and in print on request. Therefore, publication of the entire Plan would be cumbersome and expensive, and it is reasonable to adopt it by reference. 4. The department is proposing to adopt the Integrated Waste Management Plan (IWMP), 2013 edition, as the state solid waste management and resource recovery plan. Copies of the plan may be obtained during the comment period by contacting the Energy and Pollution Prevention Bureau, Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; by phone at (406) 841-5200; or at http://deq.mt.gov/Recycle/intewastemanag.mcpx. 5. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to ejohnson@mt.gov, no later than 5:00 p.m., May 9, 2013. To be guaranteed consideration, mailed comments must be postmarked on or before that date. 6. Norman Mullen, attorney, has been designated to preside over and conduct the hearing. 7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supplies; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; e-mailed to ejohnson@mt.gov; or may be made by completing a request form at any rules hearing held by the department. 8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. Reviewed by: DEPARTMENT OF ENVIRONMENTAL QUALITY /s/ John F. North BY: /s/ Tracy Stone-Manning JOHN F. NORTH TRACY STONE-MANNING, Director Rule Reviewer Certified to the Secretary of State, April 1, 2013.
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