Administrative Rules of Montana › Department 8 - COMMERCE › Chapter 8.2 - DEPARTMENT RULES › Subchapter 8.2.3 - Montana Environmental Policy Act › Rule 8.2.328 - ACTIONS THAT QUALIFY FOR A CATEGORICAL EXCLUSION

Current through Register Vol. 13, July 5, 2024
(1) The
				following types of actions do not individually, collectively, or cumulatively
				require the preparation of an environmental assessment or an environmental
				impact statement, unless the action involves one or more of the extraordinary
				circumstances stated in (3).
(2)
				The following actions meet the criteria for categorical exclusions and will not
				normally require preparation of either an environmental assessment or an
				environmental impact statement in considering applications for grants or loans
				to finance these projects:
(a) projects that
				will be partially funded by, or for which the applicant must obtain a permit
				from, a state or federal agency which, by reason of its funding or permitting
				function, has primary responsibility to consider the environmental impacts of
				the project under MEPA or the National Environmental Policy Act;
(b) activities which do not involve or lead
				directly to construction, such as planning studies, scientific research and
				analysis, surveys, or engineering;
(c) projects primarily involving the
				acquisition of capital equipment;
(d) projects that involve only minor repairs
				or rehabilitation to an existing facility, including functional replacement of
				an existing facility or facility components;
(e) projects where the footprint of the
				proposed structures, pipelines, or other infrastructure would be substantially
				unchanged from existing conditions, and there is no increase in the population
				served by the facility, other than that described in (3)(d)(iii); or
(f) emergency repairs, reconstruction,
				restoration, retrofitting, or replacement of an existing facility that is in
				operation or under construction when damaged and the action:
(i) occurs within the existing facility
				footprint and in a manner that substantially conforms to the preexisting
				design, function, and location as the original (which may include upgrades to
				meet existing codes and standards as well as upgrades warranted to address
				conditions that have changed since the original construction); and
(ii) is commenced within six months after the
				date of the emergency;
(g) projects relating to existing
				infrastructure systems such as sewer systems, drinking water supply systems,
				and stormwater systems, including combined sewer overflow systems that involve:
(i) minor upgrading;
(ii) minor expansion of system
				capacity;
(iii) rehabilitation
				(including functional replacement) of the existing system and system
				components; or
(iv) construction of
				new minor ancillary facilities adjacent to or on the same property as existing
				facilities; or
(h)
				projects in unsewered communities involving the replacement of existing on-site
				systems, provided that the new on-site systems do not result in substantial
				increases in the volume of discharges or in loadings of pollutants from
				existing sources, and do not relocate existing discharges.