Require posting of EPA guidance documents

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69th Legislature 2025 HB 481.1
- 1 - Authorized Print Version – HB 481
1 HOUSE BILL NO. 481
2 INTRODUCED BY K. SEEKINS-CROWE
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4 A BILL FOR AN ACT ENTITLED: “AN ACT REQUIRING CERTAIN STATE AGENCIES TO PUBLISH
5 GUIDANCE DOCUMENTS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; AND
6 REQUIRING THE DEPARTMENTS OF AGRICULTURE AND ENVIRONMENTAL QUALITY AND THE BOARD
7 OF OIL AND GAS CONSERVATION TO CREATE A WEBSITE FOR FEDERAL GUIDANCE DOCUMENTS.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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11 NEW SECTION. Section 1. Disclosure of federal guidance documents. (1) Within 15 days after
12 the receipt of a guidance document from the United States environmental protection agency, the department of
13 environmental quality shall publish the guidance document on a website designated by the department.
14 (2) Within 90 days after [the effective date of this act], the director shall designate a website on
15 which guidance documents must be published. The department shall publish a conspicuous hyperlink on the
16 department website providing access to the website of guidance documents.
17 (3) Within 15 days after the United States environmental protection agency rescinds a guidance
18 document, the department shall maintain the rescinded document on the guidance documents website. The
19 department shall indicate that the document has been rescinded and the date the guidance document was
20 rescinded.
21 (4) Except for a rule that was promulgated in accordance with the notice and comment provisions
22 of 5 U.S.C. 553, a "guidance document" means a federal agency statement of general applicability that is
23 designated by a federal agency official as setting forth a policy or interpretation on a statutory, regulatory, or
24 technical issue. This includes but is not limited to a memorandum, notice, bulletin, directive, news release,
25 letter, blog post, or no-action letter.
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27 NEW SECTION. Section 2. Disclosure of federal guidance documents. (1) Within 15 days after
28 the receipt of a guidance document from the United States environmental protection agency, the department
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69th Legislature 2025 HB 481.1
- 2 - Authorized Print Version – HB 481
1 shall publish the guidance document on a website designated by the department.
2 (2) Within 90 days after [the effective date of this act], the director shall designate a website on
3 which guidance documents must be published. The department shall publish a conspicuous hyperlink on the
4 department website providing access to the website of guidance documents.
5 (3) Within 15 days after the United States environmental protection agency rescinds a guidance
6 document, the department shall maintain the rescinded document on the guidance documents website. The
7 department shall indicate that the document has been rescinded and the date the guidance document was
8 rescinded.
9 (4) Except for a rule that was promulgated in accordance with the notice and comment provisions
10 of 5 U.S.C. 553, a "guidance document" means a federal agency statement of general applicability that is
11 designated by a federal agency official as setting forth a policy or interpretation on a statutory, regulatory, or
12 technical issue. This includes but is not limited to a memorandum, notice, bulletin, directive, news release,
13 letter, blog post, or no-action letter.
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15 NEW SECTION. Section 3. Disclosure of federal guidance documents. (1) Within 15 days after
16 the receipt of a guidance document from the United States environmental protection agency, the board shall
17 publish the guidance document on a website designated by the board.
18 (2) Within 90 days after [the effective date of this act], the administrator shall designate a website
19 on which guidance documents must be published. The board shall publish a conspicuous hyperlink on the
20 board website providing access to the website of guidance documents.
21 (3) Within 15 days after the United States environmental protection agency rescinds a guidance
22 document, the board shall maintain the rescinded document on the guidance documents website. The board
23 shall indicate that the document has been rescinded and the date the guidance document was rescinded.
24 (4) Except for a rule that was promulgated in accordance with the notice and comment provisions
25 of 5 U.S.C. 553, a "guidance document" means a federal agency statement of general applicability that is
26 designated by a federal agency official as setting forth a policy or interpretation on a statutory, regulatory, or
27 technical issue. This includes but is not limited to a memorandum, notice, bulletin, directive, news release,
28 letter, blog post, or no-action letter.
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69th Legislature 2025 HB 481.1
- 3 - Authorized Print Version – HB 481
1
2 NEW SECTION. Section 4. Codification instruction. (1) [Section 1] is intended to be codified as
3 an integral part of Title 75, chapter 1, part 1, and the provisions of Title 75, chapter 1, part 1, apply to [section
4 1].
5 (2) [Section 2] is intended to be codified as an integral part of Title 80, chapter 1, part 1, and the
6 provisions of Title 80, chapter 1, part 1, apply to [section 2].
7 (3) [Section 3] is intended to be codified as an integral part of Title 82, chapter 11, part 1, and the
8 provisions of Title 82, chapter 11, part 1 apply to [section 3].
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