Mont. Admin. R. 17.8.1402 - INCORPORATION BY REFERENCE
(1) For
the purposes of this subchapter, the board 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: 75-2-111, MCA; IMP: 75-2-202, MCA
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