Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.85 - ALTERNATIVE ENERGY REVOLVING LOAN PROGRAM
Subchapter 17.85.1 - Alternative Energy Revolving Loan Program
Rule 17.85.112 - ENVIRONMENTAL REVIEW AND COMPLIANCE WITH APPLICABLE STATE LAW
Current through Register Vol. 6, March 22, 2024
(1) Prior to issuing a loan under ARM 17.85.111, the department shall review each application to determine if a categorical exclusion from environmental review, as defined in ARM 17.4.603, applies. A categorical exclusion may apply if the requirements of (3) through (5) are met. If the department determines that a categorical exclusion does not apply, the department shall conduct a review under ARM Title 17, chapter 4, subchapter 6, to determine if loan issuance may result in significant effects to the quality of the human environment.
(2) The proposed project or activity must comply with applicable statutory and regulatory requirements protecting the quality of resources such as air, water, land, fish, wildlife, and recreational opportunities.
(3) Except as provided in (4), the granting of a loan under this subchapter is categorically excluded from the requirement in Title 75, chapter 1, part 2, MCA, to conduct an environmental review if the loan is for any of the following projects:
(4) A categorical exclusion may not be applied to the granting of a loan for a project under (3) if:
(5) The department shall document its decision to apply a categorical exclusion by referencing the application, providing a brief description of the proposed action, describing how the action meets a criterion for a categorical exclusion in (1), and documenting that the project does not fall under a criterion in (4).
(6) The department may, to assist in planning or decision making, prepare an environmental assessment on a project that is categorically excluded under this rule.
75-25-102, MCA; IMP, 75-25-102, MCA;