TreeView Show Content

(1) Except as provided otherwise in this subchapter, the department adopts and incorporates by reference:

(a) 40 CFR 61, subparts A and M, pertaining to national emission standards for hazardous air pollutants (NESHAPs) for asbestos.

(b) National Institute of Occupational Safety and Health (NIOSH) Manual of Analytical Methods, fifth edition, December 2017, which contains a description of the 7400 Analytical Method for detecting asbestos and other fibers by phase contrast microscopy (PCM) and a description of the 7402 Analytical Method for detecting asbestos by transmission electron microscopy (TEM); and

(d) The following sections of 40 CFR 763 Asbestos Hazard Emergency Response Act (AHERA) Model Accreditation Plan (MAP) Appendix C to Subpart E:

(i) section B.1, Workers;

(ii) section B.2, Contractor Supervisor;

(iii) section B.3, Inspector;

(iv) section B.4, Management Planner; and

(v) section B.5, Project Designer.

(2) Copies of these materials may be obtained from the Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, MT 59620-0901. Copies of the CFR are available from the Superintendent of Documents, Government Printing Office, Washington, DC 20402, (202) 512-1800. The CFR can also be accessed electronically at www.gpoaccess.gov/cfr/index.html.

For purposes of this subchapter, unless otherwise provided, the following definitions apply. The terms must be used in conjunction with the definitions in 75-2-502, MCA, and 40 CFR 61.141:

(1) "Alternate work practice" means proposed alternative control measures, methods for clearing asbestos projects, or work methods other than those specified in this subchapter that are at least as stringent as the methods required in this subchapter.

(2) "Annual base amount" means the amount of regulated asbestos-containing material, up to 25,000 square, 25,000 linear, or 25,000 cubic feet or any combination thereof, that an annual asbestos project permit holder may disturb or remove under an annual asbestos project permit during the year the annual permit is in effect.

(3) "Approved asbestos disposal facility" or "disposal facility" means a licensed Class II or Class IV landfill as described in ARM 17.50.504.

(4) "Asbestos-containing material (ACM)" means any material containing more than one percent asbestos.

(5) "Asbestos-containing waste" has the meaning given for "asbestos-containing waste materials" in 40 CFR 61.141.

(6) "Asbestos contractor/supervisor" means an individual with the requisite training and credentials to supervise an asbestos project and the personnel conducting an asbestos project.

(7) "Asbestos inspector" means an individual with the requisite training and credentials to inspect a facility for the presence of asbestos-containing material.

(8) "Asbestos management planner" means an individual with the requisite training and credentials to develop plans for the management of asbestos-containing material under the Asbestos Hazard Emergency Response Act.

(9) "Asbestos project contractor" means any person who contracts to perform an asbestos project for another person.

(10) "Asbestos project designer" means an individual with the requisite training and credentials to develop the plans, specifications, and/or designs for an asbestos project.

(11) "Asbestos unit measurement (AUM)" means each unit of asbestos-containing material that may be disturbed or removed either in square, linear, or cubic feet or any combination thereof. The unit of measure (square, linear, or cubic feet) will be selected, for AUM calculation purposes, based on the configuration of the material, pre-abatement, as described in the asbestos inspection report, or executed contract document.

(12) "Asbestos worker" means an individual with the requisite training and credentials to handle asbestos-containing materials during an asbestos project.

(13) "Building or other structure" as used in the definition of "asbestos project" in 75-2-502, MCA, has the meaning given for "facility" in 40 CFR 61.141.

(14) "Cubic foot" means a unit of volume for three-dimensional materials, such as insulation, equal to one foot in length, width, and height. This measurement may only be used when the depth of the material exceeds three inches or cannot be otherwise calculated.

(15) "Friable" means able to be crumbled, pulverized, or reduced to powder by hand pressure when dry.

(16) "Homogenous materials" means materials that are uniform in color, texture, and age.

(17) "Inspection" means an activity undertaken at a facility to determine the presence, location, and quantities, or to assess the condition, of ACM or suspected ACM, whether by visual or physical examination, or by collecting samples of the material. This term includes reinspections of known or assumed ACM which has been previously identified. The term does not include the following:

(a) inspections performed by employees or agents of federal, state, or local government solely to determine compliance with applicable statutes or regulations; or

(b) visual inspections performed solely to determine completion of asbestos projects.

(18) "Layered homogenous materials" means materials in which the elements making up the composition are in the form of layers. This term may only be applied to flooring systems, wallboard systems, or roofing systems.

(19) "Linear foot" means a unit of length equal to one foot and may only be used for pipe measurement.

(20) "Owner or operator" has the meaning given for "owner or operator of a renovation or demolition activity" in 40 CFR 61.141.

(21) "Pipe," as the term is used in this subchapter and 75-2-502(3), MCA, includes any coating or wrap made of regulated asbestos-containing material that partially or wholly covers the inner or outer surface of the pipe.

(22) "Project design" means a site-specific written plan including specifications, project procedures, containment design/placement, and descriptions of engineering controls that detail the handling of asbestos-containing material during an asbestos project.

(23) "Square foot" means a unit of area for two-dimensional materials, such as flooring, equal to the area of a square that is one foot in length and width.

(24) "Surfacing material" means material that is sprayed-on, troweled-on, or otherwise applied to surfaces, such as acoustical plaster on ceilings and fireproofing materials on structural members, or other materials applied to surfaces for acoustical, fireproofing, or other purposes.

(25) "Thoroughly inspect" means to conduct a facility demolition-specific or renovation-specific asbestos inspection, pursuant to ARM 17.74.354, for the purposes of:

(a) identifying all ACM that may be impacted by the subsequent renovation or demolition; and

(b) determining which requirements of this subchapter, and the Asbestos Control Act codified at Title 75, chapter 2, part 5, MCA, apply to the proposed demolition or renovation activity.

(1) All asbestos projects must be conducted in accordance with the requirements of this subchapter and 40 CFR 61, subparts A and M, with the following exceptions:

(a) the minimum quantities of regulated asbestos-containing material (RACM) specified in 40 CFR 61.145(a)(1)(i) and (ii) and (4)(i) and (ii) do not apply;

(b) for purposes of 40 CFR 61.145(a)(1), (a)(2), and (a)(4), the minimum quantities of asbestos provided in 75-2-502(3), MCA, apply;

(c) in 40 CFR 61.145(b)(1), pertaining to notification requirements, "Provide the department with written notice of intention to demolish or renovate. Delivery of the notice by U.S. Postal Service, commercial delivery service, facsimile, email, the department online permitting system, or hand delivery is acceptable, and delivery of the notice is complete when the department receives the notice and the appropriate fee as specified in ARM 17.74.406" is substituted for "Provide the Administrator with written notice of intention to demolish or renovate. Delivery of the notice by U.S. Postal Service, commercial delivery service, or hand delivery is acceptable";

(d) in 40 CFR 61.145(b)(3). pertaining to the written notice of intention to demolish or renovate, "Notice must be received by the department as follows:" is substituted for "Postmark or deliver the notice as follows:"; and

(e) alternate work practices may be used if approved in writing by the department in advance. Requests for alternate work practices must:

(i) be submitted by the owner or operator on a form provided by the department and include the fee specified in ARM 17.74.406;

(ii) explain why compliance with this subchapter and 40 CFR 61, subpart M is neither practical or feasible; and

(iii) demonstrate that the proposed alternate work practice provides results at least as stringent as the methods required in this subchapter.

(2) For purposes of this subchapter, inspections required by 40 CFR 61.145(a) must be conducted by a Montana-accredited asbestos inspector.

(1) Prior to any demolition or renovation of a facility, the owner or operator shall ensure the facility or part of the facility where demolition or renovation activity will occur is thoroughly inspected by a department-accredited asbestos inspector in accordance with this subchapter.

(2) The owner or operator shall ensure that a copy of the inspection report is kept on site during the asbestos project. The owner or operator shall ensure that the report is kept on site during subsequent renovations or demolition. The inspection report must be made available to the department upon request.

(3) A supplemental amendment or full reinspection is required prior to demolition or renovation activity under the following conditions:

(a) the initial inspection date is greater than three years prior to the initiation of an asbestos project;

(b) the scope of work at the inspected site has changed; or

(4) A department-accredited asbestos inspector conducting an inspection in accordance with this subchapter shall:

(a) visually inspect the areas that may be affected to identify the locations and estimated quantities of all suspect ACM;

(b) touch all suspect ACM to determine whether it is friable;

(c) collect bulk samples from each surfacing material that is not assumed to be ACM in a statistically random manner that is representative of the surfacing material. Samples must be collected as follows:

(i) at least three bulk samples must be collected from each surfacing material area that is 1,000 ft² or less;

(ii) at least five bulk samples must be collected from each surfacing material area that is greater than 1,000 ft², but less than or equal to 5,000 ft²; and

(iii) at least seven bulk samples must be collected from each surfacing material area that is greater than 5,000 ft²;

(d) collect samples from thermal system insulation as follows:

(i) at least one bulk sample from each area of patched thermal system insulation that is less than six linear or square feet and is not assumed to be ACM;

(ii) at least three random bulk samples from each type of thermal system insulation that is greater than six linear or square feet and is not assumed to be ACM;

(e) randomly collect at least three bulk samples from each type of miscellaneous material that is not assumed to be ACM.

(5) For inspections conducted under this rule, the inspector shall ensure that:

(a) bulk samples are analyzed by persons or laboratories with proficiency demonstrated by current successful participation in a nationally recognized testing program such as the National Institute of Standards and Technology (NIST), National Voluntary Laboratory Accreditation Program (NVLAP), the American Industrial Hygiene Association (AIHA), or an equivalent testing program accepted in writing by the department prior to analysis;

(b) bulk samples are not composited for analysis or during reporting, but are analyzed for asbestos content by polarized light microscopy (PLM) using the "Method for the Determination of Asbestos in Bulk Building Materials" (EPA/600/R-93/116) or another method acceptable to the department; and

(i) results of the analysis;

(ii) method of analysis;

(iii) name and address of each laboratory performing an analysis;

(iv) the laboratory's accreditation number;

(v) the date of analysis; and

(vi) the name and signature of the person performing the analysis.

(6) For the purposes of an inspection conducted under this rule:

(a) all materials with the exception of glass, untreated wood, and metal are considered suspect ACM;

(b) a material is ACM if the analytical results of at least one sample collected from that material show that asbestos is present in an amount greater than one percent; and

(c) a material is considered not to be ACM only if the analytical results for all samples collected from the material show that asbestos is not present in an amount greater than one percent.

(7) For inspections conducted under this rule, the asbestos inspector shall report the findings in a written inspection report to the owner or operator. The asbestos inspection report must include:

(a) the site of the asbestos inspection;

(b) the scope and purpose of the inspection and how it corresponds to the extent of the planned renovation or demolition activity;

(d) the signature of the accredited inspector conducting the asbestos inspection;

(e) the inspector's accreditation number and expiration date;

(f) an inventory of all assumed asbestos-containing and sampled materials;

(g) all sample locations identified in sufficient detail to allow another individual to duplicate sampling;

(h) where ACM is located by type;

(i) the areas where friable material is assumed to be ACM, and areas where non-friable material is assumed to be ACM;

(j) a copy of the sample analytical report and the completed and signed chain of custody form;

(k) information on whether it will be necessary to remove any ACM before any activity begins that would break up, dislodge, or similarly disturb the material; and

(l) a single page within the report containing items (a) through (e) and an indication of the presence of any regulated ACM, with a duplicate of that page included within the report.

(8) If the inspection required in (1) was not conducted or was improperly conducted prior to commencement of renovation or demolition activities, an inspection must be conducted in accordance with this rule as soon as possible upon discovery of the missing or improper inspection, and before any additional renovation or demolition activities occur, with the addition of the following:

(a) dust samples must be collected to identify the presence and the extent of contamination at the time bulk samples are collected. If the results of bulk sample testing are positive for ACM, or if any suspect material known to have been at the site is unavailable for analysis, dust samples must be analyzed using current industry standards;

(b) air sampling may not be used by the department-accredited asbestos inspector as the sole means of evaluating whether asbestos is present; and

(c) the department-accredited asbestos inspector shall summarize sampling and analytical procedures and evaluation findings in a written report. A recommendation on whether a new or continued asbestos project is necessary based on the evaluation must be included in the written report. The report must be submitted to the department for review and approval before any further renovation or demolition work occurs. For emergency renovation operations, cleanup may commence upon submission of the report to the department.

(9) The department may conduct its own asbestos inspection if it deems an inspection conducted under (8) is deficient.

(10) An inspection conducted under (8) does not excuse any failure to complete the inspection required in (1).

(1) Pursuant to 40 CFR 61.145, a person may not conduct demolition activities without a demolition notification submitted to the department.

(2) Pursuant to 75-2-511, MCA, a person may not conduct an asbestos project without a permit issued by the department, or violate the conditions of the permit.

(3) The owner or operator shall submit to the department:

(a) a completed, signed Montana Asbestos Project Permit Application, Transport and Disposal application, or Montana Demolition Notification on a form provided by the department; and

(b) the applicable fee required under ARM 17.74.406.

(4) An application for an asbestos project permit and associated fees must be received by the department at least:

(a) five working days prior to the initiation of an asbestos project with quantities pursuant to 75-2-505(1) through (3), MCA; or

(b) ten working days prior to initiating an asbestos project with quantities pursuant to 40 CFR 61.145(a) or the initiation of demolition activities.

(5) False, inaccurate, or misleading information may cause the department to revoke an asbestos project permit or demolition notification.

(6) If an application submitted under this rule is incomplete, the department shall notify the applicant in writing of the information necessary to complete the application. If the department has not received the information within two days from the date of the written notice, the application will be considered withdrawn.

(7) A revision of an asbestos project permit or demolition notice is required as soon as possible and must be submitted to the department with any necessary fees under ARM 17.74.406 for the following:

(a) a change in the project's owner or operator;

(b) a change in the renovation contractor, transporter, or disposal facility;

(c) the amount of regulated asbestos-containing material being disturbed changes by at least 20 percent or more from the amount permitted;

(d) any significant change in the scope of work of the asbestos project conducted at the facility during the project period; or

(e) a change to the start or completion date for a permitted activity provided that the conditions of 40 CFR 61.145(b) are met for changes in start dates.

(8) Expired asbestos project permits or expired demolition notifications are void. Any work beyond the expiration date will require a new asbestos project permit or demolition notification pursuant to the requirements of this subchapter.

(9) A copy of the issued permit, project design, and sketch must be posted and maintained on site during the asbestos project and made available for examination by department employees or representatives upon request.

(10) For an asbestos project limited to transportation and disposal, the issued permit must be available with the material being transported.

(1) An asbestos contractor/supervisor shall be:

(a) physically present at all times at the work site when permitted work is being conducted on an asbestos project;

(b) accessible to all asbestos workers; and

(2) Alternate control measures that are equivalent to those required under this subchapter may be used if written approval is obtained from the department in advance pursuant to ARM 17.74.353.

(1) At the conclusion of any asbestos project conducted in a facility, the owner or operator shall ensure that final visual inspection and air clearance sampling are conducted in all asbestos project work areas prior to expiration of the asbestos project permit.

(2) The concentration of asbestos fibers in air clearance samples collected pursuant to (1) must be:

(a) less than or equal to 0.01 fibers per cubic centimeter of air for each sample collected within the work area, when analyzed by Phase Contrast Microscopy (PCM) using the NIOSH 7400 or NIOSH 7402 method; or

(b) less than or equal to 70 structures per square millimeter for each sample collected within the work area, when analyzed by Transmission Electron microscopy (TEM) using EPA's interim TEM analytical methods provided in 40 CFR 763, subpart E, appendix A.

(3) Final visual inspection and clearance sampling and analysis must be conducted as follows:

(a) a person performing a final visual inspection and final air clearance sampling shall:

(i) observe the entire asbestos project area to verify that the asbestos project contractor has removed all visible asbestos-containing waste, dust, and debris from the work area;

(ii) require any necessary recleaning by the asbestos project contractor and conduct subsequent visual inspections that verify that the asbestos project contractor has removed all ACM identified in the asbestos project permit and related asbestos-containing waste, dust, and debris from the work area; and

(iii) complete a signed, written affidavit verifying that the asbestos project contractor has removed all ACM identified in the asbestos project permit and related asbestos-containing waste, dust, and debris;

(b) a person collecting final air clearance samples shall:

(i) ensure final clearance air sampling and testing are not performed until after the final visual inspection has been completed in accordance with this rule;

(ii) once the work area has passed the final visual inspection, sweep an air stream from a high-speed blower or equivalent air-blowing device across all surfaces in the work area for a time adequate to disturb air in all areas of the work area prior to beginning final air clearance sampling;

(iii) ensure the air is continually agitated in all potentially occupied areas, utilizing at least one 20-inch box fan or its cubic feet per minute equivalent per 10,000 cubic feet of work area, in a manner that creates maximum air disturbance. Agitating the air in the work area prior to final air clearance sampling is not required for unoccupied areas such as crawl spaces; and

(iv) immediately after agitating the air in the work area, begin collecting at least five final clearance air samples in the work area;

(c) the asbestos project may not be approved for general re-occupancy until after the final visual inspection and after the results of all required air clearance samples demonstrate that asbestos concentrations do not exceed the applicable concentration specified in (2);

(d) persons conducting a final visual inspection and final air clearance sampling and testing shall record and include in a final written report:

(i) the names of the asbestos contractor/supervisor supervising the permitted activity and the person or persons conducting final visual inspection and final air clearance sampling;

(ii) the name and address of the facility site and location of the asbestos project;

(iii) the number of the asbestos project permit issued by the department;

(iv) the date of final visual inspection and final air clearance sampling;

(v) whether the work area was aggressed;

(vi) the number of samples collected, identified in sufficient detail to allow another individual to perform duplicate sampling;

(vii) the laboratory analytical method used;

(viii) the pump flow rate (pre, post, and average), run time, total volume of air, calculations for PCM or for TEM, and laboratory analytical report; and

(ix) a statement of whether final visual inspection and final air clearance sampling has documented the completion of the asbestos project;

(e) the final visual inspection and air clearance sampling report must include the signatures of the project contractor/supervisor and final air clearance sampling person attesting to the completion of the asbestos project; and

(f) the results of the final visual inspection and final air clearance sampling and testing must be maintained by the owner or operator and by the person who performed the sampling and must be made available to the department upon request.

(4) For asbestos projects with final air clearance sampling, the person conducting final air clearance sampling shall:

(a) collect air samples, representative of the entire work area, in accordance with the NIOSH 7400 method for PCM samples or NIOSH 7402 for TEM samples;

(b) ensure that the flow rate for each air sampling pump is calibrated at the beginning and end of the sampling period; and

(c) ensure air sampling cassettes are placed four to six feet above the floor at a 45 degree angle down. Each cassette must be subject to normal air circulation, avoiding room corners, walls, ceilings, obstructed locations, and sites near windows, doors, or vents.

(5) An asbestos project is considered approved for general re-occupancy when the final visual inspection documents no residual visible ACM, dust, or debris is present, and the results of clearance air sampling meet the requirements of (2).

(6) PCM samples required under this rule shall be analyzed by a laboratory certified in the NIOSH 582 or 582e and that maintains a "proficient" rating in the American Industrial Hygiene Association (AIHA) proficiency analytical testing (PAT) program. PAT results must be submitted to the department upon request. The department must approve alternate proficiency programs prior to the analysis of PCM samples.

(7) TEM sample analyses required by this rule must be conducted by a laboratory accredited by the National Voluntary Laboratory Accreditation Program or a laboratory accredited by an equivalent accreditation program that is accepted in advance by the department in writing.

(8) Alternate work practices for clearing asbestos projects may be used if approved in writing by the department in advance. Requests to employ alternate work practices must be submitted to the department in accordance with ARM 17.74.353(1)(e).

(9) A person performing a final visual inspection and final air clearance sampling:

(a) must be accredited by the department as an asbestos contractor/supervisor; and

(b) may not be contractually associated with the asbestos project contractor, and there may not be any common ownership or employment relationship between the person or entity carrying out the asbestos project and the person or entity conducting the final clearance or sampling and analysis operations.

(1) For an emergency renovation operation, as defined in 40 CFR 61.141, the owner or operator of the facility shall:

(a) no later than the following working day, notify the department by submitting a completed emergency notification form and the fee specified in ARM 17.74.406, ensuring the submittal contains all the information required to establish that the conditions for an emergency renovation operation, as defined in 40 CFR 61.141, are met; and

(b) within five working days of submitting the notification in (a), submit to the department a full asbestos project permit application pursuant to ARM 17.74.355 and additional fees under ARM 17.74.406.

(2) For ordered demolitions pursuant to 40 CFR 61.145(a)(3), the owner or operator shall submit a completed ordered demolition notification form and the fee specified in ARM 17.74.406, ensuring the submittal contains all the information required to explain why the conditions under 40 CFR 61.145(a)(3) are met.

(3) Emergency renovation operations under (1) and ordered demolitions under (2) may commence immediately after the notification and the fee for those activities are submitted to the department.

(1) An annual asbestos project permit authorizes a facility to conduct asbestos projects within the confines of the facility's controlled area during the year for which the permit is in force. After July 1, 2020, the annual asbestos project permit period is January 1 through December 31.

(2) The owner or operator of a facility may apply to the department for an annual asbestos project permit if the facility:

(a) continuously employs asbestos project workers or continuously contracts with outside asbestos project contractors to perform asbestos projects for the facility; and

(b) maintains an asbestos health and safety program that incorporates standard operating procedures for employees involved in asbestos projects.

(3) An owner or operator conducting asbestos projects under an annual asbestos project permit shall comply with all requirements pertaining to asbestos project notification.

(4) The owner or operator of a facility applying for an annual asbestos project permit shall submit to the department:

(a) the fee required under ARM 17.74.406;

(b) a copy of the facility's written health and safety program on asbestos; and

(i) a description of the structure and the asbestos work to be performed;

(ii) the name(s) and address(es) of any outside contractor or contractors who will be performing asbestos projects at the facility under the permit;

(iii) a signed statement that all work performed under the permit will be performed in accordance with this subchapter;

(iv) a signed statement that all work will be performed by persons accredited by the department; and

(v) a signed statement that:

(A) asbestos-containing waste will be transported to and disposed of at an approved asbestos disposal facility;

(B) identifies the transporter of the asbestos-containing waste; and

(5) An annual asbestos project permit expires on December 31 of the year in which the permit is issued, unless the facility owner applies for a new annual permit by November 15 of the year the current annual permit was issued, and the department approves the application.

(6) An application for an annual asbestos project permit must:

(a) indicate the amount of regulated asbestos-containing material proposed to be disturbed or removed during the permit period;

(b) require the permittee to report any amount of regulated asbestos-containing material disturbed or removed during the annual asbestos project period that exceeds the amount in (a);

(d) incorporate by reference any required information that has been previously submitted.

(7) A revision to an annual asbestos project permit is required as soon as possible or within 10 calendar days of the following:

(a) a change in owner or operator;

(b) a change in renovation contractor, transporter, or disposal facility;

(d) the amount of regulated asbestos-containing material being disturbed changes the amount in (6)(a) by 20 percent or more; or

(e) any significant change in scope or magnitude of asbestos projects conducted at the facility during the project period.

(1) Records of asbestos projects that are being, or have been, conducted must be retained by the owner or operator for at least 30 years and made available to the department upon request.

(2) Records of asbestos projects must include, but are not limited to, the following:

(a) the name, address, and accreditation identification number of the person who supervised each asbestos project, and of each person who worked on the project;

(b) the location and description of each project and the amount of ACM that was permitted;

(d) the name and address of each disposal facility where asbestos-containing waste was deposited; and

(e) a completed waste shipment record from each disposal facility indicating the amount of asbestos-containing waste deposited at the site and the date of the deposit.

(1) The owner of the facility where an asbestos project is being or was conducted, or a person conducting or in charge of an asbestos project shall:

(a) afford the department, at all reasonable times, the opportunity to inspect the project site;

(b) upon request, make records maintained pursuant to this subchapter available to the department for inspection and copying; and

(c) maintain proof of accreditation and photo identification of all persons involved in the asbestos project. These documents must be available at the project site for the duration of the project and must be made available to the department upon request.

(1) Pursuant to 75-2-511, MCA, a person may not:

(a) engage in an asbestos-related occupation unless accredited in that occupation by the department; or

(b) contract with or employ in an asbestos-related occupation a person not accredited in that occupation by the department.

(2) A person seeking initial Montana accreditation in an asbestos-related occupation shall:

(a) successfully complete either a training course approved by the department pursuant to this subchapter, or a course approved by the U.S. Environmental Protection Agency and shall pass an examination approved by the department; and

(b) submit to the department a completed application form provided by the department, with the fee required in ARM 17.74.407 and a copy of a certificate of satisfactory completion from the course approved for that occupation.

(3) The department may accredit a person in an asbestos-related occupation who is currently accredited or certified in another state, provided the applicant:

(a) has successfully completed a refresher course from a department-approved training provider; and

(b) holds an accreditation or certification from an authority delegated to implement an accreditation program at least as stringent as the Model Accreditation Plan or can provide the department with the initial and all subsequent refresher certificates, demonstrating there has not been a lapse in certification over one calendar year from any certificate expiration.

(4) A person seeking accreditation under (3) shall submit to the department a complete application on a form provided by the department, with the fee required in ARM 17.74.407 and documentation showing compliance with (3).

(5) The department may deny, suspend, or revoke accreditation of a person pursuant to 75-2-515, MCA.

(1) A person may not engage in an asbestos-related occupation after the expiration of accreditation until they have renewed their accreditation and received a copy of their Montana asbestos accreditation from the department.

(2) Accreditation for each asbestos-related occupation may be renewed annually on or before the expiration date of accreditation by submitting to the department a completed application form provided by the department, a certificate of satisfactory completion of a department approved refresher course, and the appropriate fee.

(3) An applicant for renewal of accreditation in an asbestos-related occupation, except asbestos inspector and management planner, shall attend a one-day refresher course approved by the department or EPA for that specific occupation.

(4) For renewal of accreditation as an asbestos inspector, a person shall attend a half-day refresher course approved by the department or EPA.

(5) Asbestos management planners shall attend the half-day asbestos inspector refresher course plus an additional half-day refresher course on asbestos project management planning approved by the department or EPA.

(6) If a person does not apply for renewal of accreditation within one year following the expiration of accreditation, the person must obtain accreditation under ARM 17.74.362 to engage in an asbestos-related occupation.

(7) An applicant for renewal of accreditation as instructor shall attend a refresher course:

(a) taught by another instructor; or

(b) taught by the instructor with three or more eligible students.

(1) Pursuant to 75-2-511, MCA, a person may not offer a training course in Montana for accreditation of persons to engage in an asbestos-related occupation in Montana unless the department has approved the course. A person offering a training course outside Montana also may apply to the department for course approval.

(2) The department shall approve a training course if it meets the requirements under this rule and ARM 17.74.365.

(3) For department approval of a training course, instructors' qualifications must include:

(a) significant academic and/or field experience in asbestos control; and

(b) a cumulative total of three years accreditation in Montana to include current accreditation in Montana for the asbestos-related occupation related to the course to be taught.

(i) An instructor who is accredited as an asbestos contractor/supervisor may teach the asbestos worker course without current accreditation as an asbestos project worker.

(4) Except for the asbestos worker course and the refresher courses, at least two approved instructors shall conduct all training courses.

(5) All training course materials and examinations must be submitted to the department for the department's approval. Upon department approval, the training course is approved for a two-year period, beginning January 1 of the year following approval. The department may not accept applications for training course approval before October 1 of the year preceding the two-year training course approval period. A person may apply for approval as a training course provider beginning January 1 of the year following training course approval by submitting the following to the department by November 15 of the preceding year:

(a) a completed written application on a form provided by the department;

(b) a curriculum that includes the course topics specified in this subchapter;

(d) a copy of the certification of satisfactory completion to be used for certification at the end of the course;

(e) a list of the proposed instructors who will teach the course along with their written documentation specifying how each instructor meets the qualifications under (3);

(f) a description of hands-on training to be provided in the course;

(g) a course schedule indicating the time allotted for each topic;

(h) the appropriate fee for approval of the course, specified in ARM 17.74.408; and

(i) documentation of EPA course approval if the course has been approved by EPA.

(6) Training course providers may, at the time of application, request to present refresher courses through an online format at no additional fee. Online refresher courses are subject to the following requirements:

(a) the course must be presented on a free-to-use virtual platform that utilizes both visual and audio communication, with the instructor present in both visual and audio formats throughout the course;

(b) the training course provider may excuse students from keeping their cameras or microphones on throughout the class, but periodic check-ins are required to verify course participation;

(d) the training provider shall, no later than 24 hours prior to the class, provide the department with online access information to enter the virtual classroom.

(7) At least ten working days before a course commences, the person providing the training course shall notify the department of the date, time, and location of the course.

(8) A training course provider shall notify the department at least 45 days in advance of implementing any changes in the content of approved training courses, examinations, or instructors during the two-year course approval period in (5). The department shall approve, deny, or request additional information regarding any proposed change in training course, examination contents, or change in instructor(s) within 45 working days of receiving the notification. Updates to course content made to reflect changes in state or federal regulations must be made as soon as practicable and do not require prior department approval; however, training course providers shall provide notice of such updates to the department within 45 days.

(9) Guest speakers at a training course, such as physicians, attorneys, or other asbestos experts, do not need to be accredited in the discipline being taught. However, their presentation must be supervised by the course instructor and the course instructor remains responsible for ensuring that all required information is taught.

(10) Department personnel may evaluate any training course offered for accreditation in an asbestos-related occupation without paying tuition or the cost of materials.

(11) Within two working days of completing a course, the training course provider shall submit a course roster to the department. The course roster must identify:

(a) the name and address of the training provider who provided the course;

(b) the name of the asbestos-related occupation course completed;

(d) the printed name and signature of at least one course instructor;

(e) each course participant's signature and printed name;

(f) each course participant's course certificate number;

(g) a statement that each person receiving a certificate has completed the training required for accreditation under this subchapter; and

(h) whether each participant's instruction was online or in-person.

(1) A training course for accreditation as an asbestos worker must meet the requirements of 40 CFR 763, subpart E, Appendix C, section B.1, Workers.

(2) A training course for accreditation as an asbestos contractor/supervisor must meet the requirements of 40 CFR 763, subpart E, Appendix C, section B.2, Contractor/Supervisor.

(3) A training course for accreditation as an asbestos inspector must meet the requirements of 40 CFR 763, subpart E, Appendix C, section B.3, Inspector.

(4) A training course for accreditation as an asbestos management planner must meet the requirements of 40 CFR 763, subpart E, Appendix C, section B.4, Management Planner.

(5) A training course for accreditation as an asbestos project designer must meet the requirements of 40 CFR 763, subpart E, Appendix C, section B.5, Project Designer.

(6) For purposes of this rule, the phrase "public and commercial building" has the meaning given in the definition of "facility" at ARM 17.74.352.

(1) The following requirements apply to asbestos-related occupation accreditation training course examinations:

(a) for asbestos worker, asbestos inspector, and asbestos management planner training courses, the examination must include 50 multiple choice questions with a passing score of at least 70%; and

(b) for asbestos contractor/supervisor and asbestos project designer courses, the examination must include 100 multiple choice questions with a passing score of at least 70%.

(2) All examinations must be closed book and consist of a minimum of 10 percent questions based on the Asbestos Control Act and Montana-specific rules in this subchapter.

(1) A person may not offer a refresher course for renewal of accreditation under ARM 17.74.363 unless the department has approved the course.

(2) Refresher courses must relate to a specific asbestos-related occupation and must include review of changes in federal and state of Montana specific regulations, developments in state-of-the-art procedures, and key aspects of the initial training course.

(3) For department approval of a refresher course, a person shall submit to the department, on a form provided by the department, a completed application and the fee specified in ARM 17.74.408. The application must include:

(a) a description of the subject matter to be taught in the refresher course;

(b) the materials to be used;

(c) a description and example of the numbered certificates to be issued to students who successfully complete the course;

(d) the names of the instructors who will teach the course; and

(e) a description of the instructors' qualifications, which must include academic and/or field experience in asbestos control.

(4) At least ten working days before a refresher course commences, the person providing the training course shall notify the department of the date, time, and location of the course, including whether the course is to take place virtually.

(1) A person providing a training course for accreditation in an asbestos-related occupation shall provide a certificate to all persons who successfully complete the course and the examination. The certificate must be numbered and include:

(a) the asbestos-related occupation course completed;

(b) the course participant's name and address;

(d) the signature of at least one course instructor;

(e) the inclusive dates of the course;

(f) the name, address, and telephone number of the training provider who issued the certificate;

(g) the name and address of the agency that approved the course;

(h) a statement that the person receiving the certificate has completed the training required for accreditation under this subchapter;

(i) a statement that the trainee, by name, has successfully passed the examination for the course;

(j) an accreditation expiration date of one year after the date upon which the person successfully completed the course and examination; and

(k) a notation indicating whether the course material was presented online or in-person.

(2) A person providing a training course for accreditation or a refresher course for renewal of accreditation in an asbestos-related occupation shall retain:

(a) copies of all training course materials used, including student manuals, instructor notebooks, and handouts;

(b) copies of all documents relating to that training course or refresher course issued to that person by the department;

(d) records of the examinations, including:

(i) the date of the examination;

(ii) the name of the training course;

(iii) the name of the person who proctored the examination;

(iv) the name of each person taking the examination;

(v) each trainee's examination score; and

(vi) a copy of the examination; and

(e) records of all persons who have been awarded certificates, including:

(i) their names and certificate numbers;

(ii) their certified asbestos-related occupations;

(iii) the dates of their training;

(iv) the expiration dates of accreditation; and

(v) the training location.

(3) A training course provider shall maintain all records required under this rule for at least three years.

(4) A training course provider shall provide EPA and the department with reasonable access to all training records upon request.

(1) A person may not transport asbestos-containing waste generated at a facility unless accredited by the department as an asbestos worker or asbestos contractor/supervisor or escorted and supervised by a person who is accredited as an asbestos worker or asbestos contractor/supervisor.

(2) Prior to transporting or disposing of asbestos-containing waste from an asbestos project, a person shall possess a valid asbestos project permit from the department or apply for and obtain a Montana Transport and Disposal Permit pursuant to ARM 17.74.355.

(3) A person who transports or escorts a vehicle that contains asbestos-containing waste from an asbestos project shall:

(a) maintain proof of accreditation and the asbestos project permit and make it available, upon request, to the department during asbestos-containing waste handling activities;

(b) prior to waste pick up:

(i) obtain assurance from the asbestos contractor/supervisor that the asbestos-containing waste is adequately wet;

(ii) confirm the asbestos-containing waste is properly packaged in leak-tight containers, or wrappings, except as provided in 40 CFR 61.150(a)(3);

(iii) confirm the contained or wrapped asbestos-containing waste is labeled with the name of the waste generator and the location at which the waste was generated;

(iv) ensure that any vehicle used to transport asbestos-containing waste during the loading and unloading of the waste is marked with signs conforming to the requirements of 40 CFR Part 61, subpart M;

(v) ensure that the waste shipment record form contains all information required by 40 CFR Part 61, subpart M, and record the asbestos project permit number on the form;

(vi) either deposit asbestos-containing waste at a licensed Class II or Class IV landfill facility as soon as practical, or, if asbestos-containing waste is not disposed of as soon as practical, store any asbestos-containing waste in a secure holding facility or location accessible only to asbestos workers or asbestos contractor/supervisors accredited by the department; and

(vii) retain responsibility for asbestos-containing waste until the waste is accepted by a licensed Class II or Class IV landfill; and

This rule has been repealed.

(1) The applicable fee, provided in (2) Table 1 and (3) Table 2, shall be submitted to the department with submittal of an asbestos project permit application, an annual asbestos project permit application, or a demolition notice.

(2) Table 1 - Permit Fees:

Permit Fee	Amount of Permit Fee
Asbestos project permit	Fees are calculated by AUMs using Table 2
Annual asbestos project permit, authorizes the removal or disturbance of up to 25,000 AUMs during the annual project permit period	$4,000
Annual asbestos project permit revision authorizes cumulative removal or disturbance that exceeds 25,000 AUMs	$700 plus AUM fees in Table 2 for regulated asbestos-containing material that exceeds 25,000 AUMs
Demolition notice	$100
Demolition revisions	$100
Project permit revision	$100 plus the additional AUM fees (If there is a change in the AUM range, a person would pay the difference between the two ranges in Table 2)
Emergency renovation notification (ARM 17.74.352)	$300 plus AUM fees in Table 2
Submission of alternate work practice request (ARM 17.74.353)	$100
Voluntary registration for a non-regulated asbestos abatement project (as in (4))	$100 plus AUM fees in Table 2 if the project becomes regulated and exceeds 100 AUMs
Ordered demolition	$300
Transportation and disposal permit	$100

(3) Table 2 - AUM Fees:

AUM Range	AUM Fee Amount
up to 100	$100
101 to 300	$150
301 to 500	$200
501 to 750	$300
751 to 1,500	$600
1,501 to 3,000	$1,000
3,001 to 5,000	$2,000
5,001 to 10,000	$3,000
10,001 to 25,000	$4,000
25,001 to 50,000	$6,000
50,001 to 100,000	$8,000
100,001 or more	$16,000

(4) Abatement contractors may voluntarily register a non-regulated asbestos project on a department-approved form upon payment of the $100 voluntary registration fee in Table 1 at (2). If non-regulated materials are rendered regulated because of a voluntarily registered project, the abatement contractor shall notify the department and submit the appropriate fee for any disturbed regulated asbestos-containing material in accordance with Table 2 in (3).

(5) The total fee may not exceed $16,000 per asbestos project permit or annual asbestos project permit.

(6) For fee assessment, layered homogenous materials may be treated as one layer if a department-accredited asbestos inspector determines and documents the layered homogenous character of the material during an inspection conducted in accordance with ARM 17.74.354.

(1) A person seeking accreditation or renewal of accreditation in an asbestos-related occupation shall pay a fee to the department. The fees for accreditation or renewal of accreditation are:

(a) asbestos project worker $200

(b) asbestos project contractor/supervisor $200

(d) asbestos management planner $200

(e) asbestos project designer $200

(f) out-of-state reciprocity $250

(2) For accreditation based on completion of an initial training course that has been approved by another state having accreditation requirements at least as stringent as Montana's, a person shall pay the out-of-state reciprocity accreditation fee in (1)(f).

(3) A person seeking accreditation or renewal of accreditation in more than one asbestos-related occupation, on the same renewal application, shall pay a fee of $385. This discount is not available for accreditation based on out-of-state reciprocity.

(1) After July 1, 2020, a person shall pay to the department $2,000 per course for approval of an initial training course for accreditation in an asbestos-related occupation, pursuant to ARM 17.74.362, or for approval of a refresher course for renewal of accreditation in an asbestos-related occupation, pursuant to ARM 17.74.363.

(2) A person shall pay a renewal fee of $300 per course to the department when the person has received department approval of an initial training course for accreditation in an asbestos-related occupation on or before July 1, 2020 that the person intends to continue to provide after July 1, 2020. The initial course renewal fee is due two years from the training course approval date.

(3) A person shall pay a refresher course renewal fee of $200 per course to the department when the person has received department approval of a refresher course for accreditation in an asbestos-related occupation on or before July 1, 2020 that the person intends to continue to provide after July 1, 2020. The refresher course renewal fee is due two years from the refresher course approval date.

(1) The department shall not refund any fee except as provided in this rule. The department shall review all applicable information in evaluating refund requests.

(2) The department may refund fees unnecessarily paid by an applicant receiving an incorrect permit or accreditation due to an error by the department.

(3) The director, or the director's designee, may authorize a refund of fees due to extenuating circumstances causing the permit or accreditation holder to be unable to use the accreditation or permit because of:

(a) declaration of war or police action; or

(b) catastrophic or major natural disaster or man-made event that requires assistance from a state or federal emergency management agency; or

(4) The department may request documentation from a permit or accreditation holder seeking a refund under this rule.

(5) For refunds granted under (3), the department shall retain an administrative fee of 15 percent.

(1) This subchapter is adopted to protect the public health, safety, and welfare by providing specific cleanup standards for inhabitable properties contaminated by clandestine methamphetamine labs (CML) or the smoke from the use of methamphetamine. This subchapter establishes a voluntary program for property owners to obtain department confirmation that the decontamination standards established by the department have been met, for purposes of liability immunity pursuant to 75-10-1305(4), MCA, and for purposes of removing property from the list of contaminated property maintained by the department pursuant to 75-10-1306, MCA.

This rule has been repealed.

For the purposes of this subchapter, unless the context clearly indicates otherwise, the following terms have meanings indicated below and are supplemental to the definitions in 75-10-1302, MCA:

(1) "Assessment plan" means a department-approved plan, using sampling to identify the presence or extent of potential contamination of an inhabitable property from the manufacture of methamphetamine or by smoke from the use of methamphetamine. The actions taken to implement this plan include site assessment or final assessment dependent on the timing of the assessment and the outcome of the sampling.

(2) "Certificate" means a department-issued written approval under this subchapter.

(3) "Certificate of fitness" means a certificate issued for a particular inhabitable property by the department confirming that the property has been properly remediated to the standards provided in ARM 17.74.505.

(4) "Certified methamphetamine cleanup contractor" means a person who has been issued an inhabitable property decontamination certificate under this subchapter.

(5) "Certified training provider" means a person to whom the department has issued an inhabitable property decontamination training provider certificate under this subchapter.

(6) "Closure letter" means documentation issued by the department indicating that a potentially contaminated inhabitable property was disposed of in a manner that is at least as stringent as ARM 17.74.505, the structure will not be inhabited in the future, and public health, safety, and welfare will be adequately protected.

(7) "CML" means a contaminated methamphetamine drug lab.

(8) "Contaminated" or "contamination" means polluted by hazardous chemicals from a CML or from smoke from the use of methamphetamine so that the inhabitable property may be unfit for human habitation or use due to immediate or long-term hazards from such contamination. Inhabitable property that at one time was contaminated but has been decontaminated or disposed of in conformance with the requirements of this subchapter, is not considered contaminated once the department issues a certificate of fitness or closure letter for the property.

(9) "Decontaminated" or "decontamination" means the process of reducing levels of methamphetamine from a CML or from smoke from the use of methamphetamine affecting inhabitable property to the level established in ARM 17.74.505. A property is considered decontaminated when the department issues either a certificate of fitness or closure letter for the property.

(10) "Final clearance plan" means a plan submitted to the department by a certified methamphetamine cleanup contractor to collect representative samples and conduct a visual inspection of decontaminated areas to verify that the methamphetamine decontamination standard is met.

(11) "Inhabitable property" has the meaning provided in 75-10-1302, MCA.

(12) "Initial course" means a training course approved by the department for initial certification of certified methamphetamine cleanup contractors who perform decontamination of inhospitable properties.

(13) "Methamphetamine" means dextro-methamphetamine, levo-methamphetamine, any racemic mixture of dextro/levo-methamphetamine, or any mixture of isomers of methamphetamine.

(14) "Owner" means a person who has legal title to inhabitable property that is contaminated by a clandestine methamphetamine drug lab or by smoke from the use of methamphetamine.

(15) "Person" means an individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state or state agency, municipality, commission, political subdivision of a state, or any interstate body.

(16) "Refresher course" means a department-approved training course to renew certification for previously certified methamphetamine cleanup contractors.

(17) "Wipe sample" means a surface sample collected by wiping a sample medium on surface materials in accordance with common industry standards and the requirements of this subchapter.

(18) "Work plan" means a plan submitted to the department by a certified methamphetamine cleanup contractor to describe methods and means to decontaminate an inhabitable property and dispose of the waste stream, based on the assessment plan.

(19) "Working day" means Monday through Friday and includes holidays that fall on working days.

(1) The inhabitable property decontamination standard for methamphetamine may not exceed 1.5 micrograms per 100 square centimeters of surface material.

(1) The department requires the certified methamphetamine cleanup contractor to submit the following documentation for the department to confirm that the decontamination standard provided in 75-5-1303, MCA, has been met for an inhabitable property, and for the department to remove the property from the list of contaminated property maintained pursuant to 75-10-1306, MCA:

(a) the assessment plan, which shall be prepared by a certified methamphetamine cleanup contractor in accordance with ARM 17.74.520;

(b) the decontamination work plan, which shall be prepared by a certified methamphetamine cleanup contractor in accordance with ARM 17.74.520; and

(c) documentation that the decontamination standard in 75-10-1303, MCA, is met pursuant to representative sampling and inspection conducted in accordance with the final clearance plan, which shall be prepared by a certified methamphetamine cleanup contractor in accordance with ARM 17.74.520.

(2) Upon confirmation by the department that an inhabitable property has been properly remediated to the standards provided in 75-10-1303, MCA, and ARM 17.74.505, the department shall issue a certificate of fitness or closure letter to the property owner of record.

(3) At any reasonable time, upon presentation of credentials, for the purpose of determining compliance with the provisions of this subchapter, an employee or agent of the department may:

(a) enter and inspect any place at which an inhabitable property assessment, work, or final clearance project is being conducted pursuant to this subchapter; or

(b) enter any place at which records pertinent to an inhabitable property assessment, work, or final clearance project conducted pursuant to this subchapter are maintained and examine or copy any such records.

(1) The following must be completed by certified methamphetamine cleanup contractors:

(a) site assessment, work, disposal of contaminated material, and post-decontamination final sampling performed in accordance with department-approved work plans;

(b) preparation and submittal of an assessment, work, or final clearance plan for department review and written approval prior to beginning site assessment, decontamination work, or final clearance sampling; and

(c) final clearance sampling is conducted by an independent certified methamphetamine cleanup contractor who is not the certified methamphetamine cleanup contractor or employed by the certified methamphetamine cleanup contractor that performed the decontamination work.

(2) Department approval of an assessment, work, or final clearance plan does not relieve a certified methamphetamine cleanup contractor from compliance with any other applicable requirements including state and local building codes, occupational safety and health standards, and the solid waste, hazardous waste, and asbestos requirements in ARM Title 17, chapters 50, 53, and 74.

(1) An applicant for department certification as a methamphetamine cleanup contractor shall:

(a) provide evidence of successful completion of HAZWOPER training, consisting of an initial 40-hour HAZWOPER or current eight-hour HAZWOPER refresher, conducted pursuant to 29 CFR 1910.120;

(b) provide evidence of successful completion of a department-approved initial 16-hour methamphetamine cleanup contractor course and submit to the department a copy of the methamphetamine cleanup contractor certificate of course completion issued by the training provider pursuant to ARM 17.74.514(2)(f);

(d) the fee established in ARM 17.74.518; and

(e) if the applicant completed the initial methamphetamine cleanup contractor course more than six months prior to the application date, written evidence of completion of an eight-hour refresher class.

(2) A methamphetamine cleanup contractor certificate is valid for two years from the date of training certification.

(3) In order to review a methamphetamine cleanup contractor certificate, the following information shall be submitted to the department for approval within one year of the expiration of the prior methamphetamine cleanup contractor certificate:

(a) a completed methamphetamine cleanup contractor certification renewal application form provided by the department;

(b) written evidence the renewal applicant has successfully completed an eight-hour department-approved refresher training course within six months of the date of the application; and

(4) If a previously certified methamphetamine cleanup contractor does not apply for a renewal of certification under (3) within one year following the expiration of the contractor's methamphetamine cleanup contractor certification, they become ineligible for recertification through a refresher course, and must follow the provisions under (1) for certification.

(5) A certified methamphetamine cleanup contractor shall make the contractor certificates issued in (2), or other acceptable proof of methamphetamine cleanup contractor certification, available for inspection at all times during an inhabitable property decontamination project that is being performed pursuant to this subchapter.

This rule has been repealed.

(1) Initial methamphetamine cleanup contractor training courses must be taught by a person with a current methamphetamine cleanup contractor training provider certificate issued pursuant to ARM 17.74.514 and must include a minimum of 16 hours of methamphetamine cleanup contractor training that covers:

(a) state and federal laws, rules, and regulations applicable to clandestine methamphetamine manufacturing or the smoke from the use of methamphetamine including, but not limited to:

(i) the Federal Occupational Safety and Health Act, 29 USC 651 et seq.; and

(ii) this subchapter;

(b) chemical terminology, classifications, and properties related to clandestine methamphetamine manufacturing or the smoke from the use of methamphetamine;

(d) first aid;

(e) adverse health effects of exposure to clandestine methamphetamine manufacturing or the smoke from the use of methamphetamine including, but not limited to:

(i) toxicology; and

(ii) symptomology;

(f) compatibility of chemicals related to inhabitable property decontamination;

(g) techniques and equipment used for inhabitable property decontamination;

(h) handling unknown substances;

(i) state and federal requirements for hazardous substances including, but not limited to:

(i) disposal;

(ii) transportation;

(iii) storage; and

(iv) reporting.

(j) techniques for obtaining information to make site assessments, including:

(i) site assessments;

(ii) site sampling;

(iii) work plan development;

(iv) effective cleanup procedures;

(v) final site sampling; and

(vi) report preparation.

(2) To receive certification, the initial methamphetamine cleanup contractor training course attendee must pass a written or electronic test with a minimum score of 70 percent. The test must be comprised of no less than 50 questions, with no less than 50 percent of the questions specific to this subchapter or the provisions of 75-10-1301 through 75-10-1306, MCA.

(1) Certified methamphetamine cleanup contractor refresher training courses must be taught by a person with a current training provider certificate issued pursuant to ARM 17.74.514 and must include, at a minimum, eight hours of training. This training must include:

(a) a thorough review of the subjects required under ARM 17.74.511;

(b) an update of information on state-of-the-art procedures and equipment;

(d) other subjects as necessary to update information on new technology and procedures.

(2) A training provider may maintain their certification as an inhabitable property decontamination contractor by either:

(a) attending a refresher training course that meets all the requirements in (1); or

(b) teaching a refresher course that meets all the requirements of (1) and is attended by three or more students, not including the training provider.

(1) The department shall provide reciprocal certification for contractors trained and certified in another state when the standards and training of the other state are substantially similar to those of this subchapter.

(2) An applicant for reciprocity shall submit to the department:

(a) a completed application for certification as a methamphetamine cleanup contractor under ARM 17.74.508;

(b) documentation of specialized training for methamphetamine decontamination, which may include a certificate of training course completion that meets the requirements in ARM 17.74.508;

(c) evidence of successful completion of HAZWOPER training, consisting of an initial 40-hour HAZWOPER or current eight-hour HAZWOPER refresher; and

(d) the fee prescribed in ARM 17.74.518.

(3) Prior to certificate approval, the department may require the applicant to:

(a) submit additional information; or

(b) successfully complete a refresher course.

(1) A person may not provide initial or refresher training for department certification of methamphetamine cleanup contractors, without a current department-issued methamphetamine cleanup contractor training provider certificate.

(2) An applicant for methamphetamine cleanup contractor training provider certification shall submit to the department at least 45 working days before the requested methamphetamine cleanup contractor training provider certification start date:

(a) a completed application for methamphetamine cleanup contractor training provider certification, on a form provided by the department;

(b) a list of trainers and guest speakers. The training provider is required to have a current methamphetamine cleanup contractor certification. Guest speakers, such as public health specialists, law enforcement, or other relevant industry experts, do not need to be certified. However, their presentation must be supervised by the training provider;

(d) a description of teaching methods;

(e) a final examination that is comprised of a minimum of 50 questions, with no less than 50 percent specific to this subchapter or the provisions of 75-10-1301 through 75-10-1306, MCA;

(f) a blank copy of the methamphetamine cleanup contractor certificate that will be provided to attendees who successfully complete the course and pass the examination. Each certificate must be identified with a unique number assigned by the methamphetamine cleanup contractor training provider and include:

(i) the methamphetamine cleanup contractor certification course completed;

(ii) the course attendee's name and address;

(iii) the date of the methamphetamine cleanup contractor examination;

(iv) the signature of the methamphetamine cleanup contractor course instructor;

(v) the inclusive dates of the methamphetamine cleanup contractor course;

(vi) the name, address, and telephone number of the methamphetamine cleanup contractor training provider who issued the methamphetamine cleanup contractor certificate;

(vii) the name and address of the state or agency that approved the methamphetamine cleanup contractor course;

(viii) a statement that the person receiving the methamphetamine cleanup contractor certificate has completed the methamphetamine cleanup contractor training required for methamphetamine cleanup contractor certification under this subchapter;

(ix) a methamphetamine cleanup contractor training expiration date of two years after the date upon which the person successfully completed the methamphetamine cleanup contractor course and examination; and

(x) a clear notation if the methamphetamine cleanup contractor course was performed in person or online;

(g) copies of all methamphetamine cleanup contractor training course materials proposed for use; and

(h) the fee prescribed in ARM 17.74.518.

(3) Training provider certification is valid for two years from the date of issuance.

(4) Upon the department's determination that an applicant for methamphetamine cleanup contractor training provider certification has met all the requirements for methamphetamine cleanup contractor training provider certification in (2), the department shall certify the methamphetamine cleanup contractor training provider and assign a three-digit methamphetamine cleanup contractor training provider certification number.

(1) A certified methamphetamine cleanup contractor training provider shall:

(a) notify the department in writing at least 10 working days before any methamphetamine cleanup contractor training is scheduled to begin. The notification must include the dates and times of the methamphetamine cleanup contractor training, the methamphetamine cleanup contractor training provider(s), and the address where methamphetamine cleanup contractor training will be conducted;

(b) limit the size of each class to a level that is appropriate for learning the course content;

(d) notify the department in writing at least 10 working days before any methamphetamine cleanup contractor training is scheduled to begin of any changes to the methamphetamine cleanup contractor training including, but not limited to, changes involving the methamphetamine cleanup contractor training provider(s) or changes in methamphetamine cleanup contractor training course materials.

(2) At the department's request, a training provider shall allow a department representative to attend, without charge, a training course as an observer to verify that the training provider conducts the training in accordance with the training approved by the department.

(3) A methamphetamine cleanup contractor training provider shall submit to the department a list of attendees within 10 working days following the completion of the methamphetamine cleanup contractor training course. The list must identify:

(a) the name and address of the training provider who provided the course;

(b) the dates, name and brief description of the course;

(d) each participant's methamphetamine cleanup contractor certificate number, which is assigned by the methamphetamine cleanup contractor training provider; and

(e) confirmation of each participant's successful completion of the course.

(4) A training provider shall require that training course attendees provide proof of identity.

(1) An applicant for renewal of methamphetamine cleanup contractor training provider certification shall submit the following to the department at least 30 working days before expiration of the current certificate:

(a) a completed methamphetamine cleanup contractor training provider application as prescribed in ARM 17.74.514(2);

(b) a copy of the current methamphetamine cleanup contractor certification issued by the department;

(d) any information required under ARM 17.74.514 and requested by the department, to verify the methamphetamine cleanup contractor training provider will offer courses that are up to date and will adequately train methamphetamine cleanup contractors to perform methamphetamine assessment, decontamination work, and final clearances to meet the standards and requirements of this subchapter and the provisions of the Methamphetamine Cleanup Act, 75-10-1301 through 75-10-1306, MCA.

(1) The department may deny, suspend, or revoke the certification of a methamphetamine cleanup contractor or methamphetamine cleanup contractor training provider who fails to meet any of the requirements of this subchapter.

(2) The department may suspend or revoke the certification of a methamphetamine cleanup contractor or methamphetamine cleanup contractor training provider who obtains a certificate as either a methamphetamine cleanup contractor or methamphetamine cleanup contractor training provider by error, fraud, or misrepresentation.

(3) When the department believes there is cause for denial, suspension, or revocation of the certification of a methamphetamine cleanup contractor or methamphetamine cleanup contractor training provider under (1) or (2), it shall serve written notice of the department's determination and the basis for the department's action to deny, suspend, or revoke certification. The notice must specify the reason for denial, suspension, or revocation of a methamphetamine cleanup contractor or methamphetamine cleanup contractor training provider certification and shall include an order to take necessary corrective action within a reasonable period of time. An order becomes final unless, within 30 working days after the order is received, the methamphetamine cleanup contractor or methamphetamine cleanup contractor training provider named in the order requests, in writing, a hearing before the department.

(1) Concurrent with submittal of an application under this subchapter, the applicant shall pay the following fees:

(a) $500 for each initial, renewal, or reciprocal methamphetamine cleanup contractor certificate application; and

(b) $500 for each initial or renewal methamphetamine cleanup contractor training provider certificate application.

(2) The department shall not refund any fee except as provided in this rule. The department shall review all applicable information in evaluating refund requests.

(a) The department may refund fees unnecessarily paid by an applicant receiving an incorrect methamphetamine cleanup contractor certification or methamphetamine cleanup contractor training provider approval due to an error by the department.

(b) The director, or the director's designee, may authorize a refund of fees due to extenuating circumstances causing the methamphetamine cleanup contractor certification or methamphetamine cleanup contractor training provider to be unable to use the accreditation or permit because of, but not limited to:

(i) declaration of war or police action; or

(ii) catastrophic, major natural disaster, or any event that requires assistance from a state or federal emergency management agency.

(3) The department may request documentation from a certified methamphetamine cleanup contractor or methamphetamine cleanup contractor training provider seeking a refund under this rule.

(4) In those cases where refunds are granted, an administrative fee of 15 percent shall be retained by the department.

(1) All sampling procedures and laboratory analysis to verify the attainment of the decontamination standard for methamphetamine within inhabitable structures in order to remove an inhabitable property from the contaminated properties list, maintained by the department pursuant to 75-10-1306, MCA, or to obtain a certificate of fitness, pursuant to this subchapter, must be conducted in accordance with the NIOSH 9111 method, the Methamphetamine Indoor Decontamination Standards in 75-10-1303, MCA, and this section, with the following exceptions:

(a) methanol shall be the only solvent accepted; and

(b) samples shall not be composited.

(2) The department may approve an equivalent method, in advance, if the method is at least as stringent as the method in (1).

(3) All samples identified in the department-approved assessment, work, or clearance plan shall be collected from within the inhabitable property.

(4) The following shall be completed when sampling for methamphetamine contamination and to verify the attainment of the decontamination standards:

(a) all sample locations shall be photographed; and

(b) all samples, field blanks, and media blanks shall be recorded on the chain of custody.

(5) An assessment or clearance plan shall incorporate a sampling plan that follows an authoritative sampling approach, which uses professional judgment to target areas suspected to have the highest levels of contamination within the inhabitable property and unless otherwise approved by the department, shall include:

(a) samples from each room or area within the inhabitable property known, based on credible evidence or documentation, to have contained a CML or to have been exposed to contamination from methamphetamine smoking;

(b) at least two samples from each room or area within the inhabitable property where methamphetamine manufacturing or smoking is suspected to have occurred;

(c) at least one sample from each heating, ventilation, and air conditioning (HVAC) system's return side when such systems are present in the inhabitable property; and

(d) at least one sample from each exhaust fan when exhaust fans are present in the inhabitable property, unless assumed to be contaminated by the contractor.

(6) Each assessment plan shall include a minimum of two discretionary samples, to be collected and utilized at the methamphetamine certified contractor's discretion based on updated field observations.

(7) If the encountered site conditions at an inhabitable property are different from the expected site conditions, the methamphetamine certified cleanup contractor may complete sampling in accordance with a modified plan. An explanation of the unexpected conditions and sampling plan deviations shall be submitted to the department in the final report.

(1) Each assessment, work, and final clearance plan must:

(a) be prepared by the certified methamphetamine cleanup contractor;

(b) be submitted to the department no less than 10 working days before the intended plan implementation;

(i) assessment plans shall include the information in (3)(a) through (h), (j), and (k);

(ii) work plans shall include the information in (3)(a) through (c), (i), and (k); and

(iii) final clearance plans shall include the information in (3)(a) through (h), (j), and (k).

(2) The certified methamphetamine cleanup contractor must address any comments by the department in an assessment, work, or final clearance plan submittal, and resubmit until the plan is approved. The completed and department-approved version of an assessment, work, or final clearance plan shall be retained by the certified methamphetamine cleanup contractor and inhabitable property owner for a minimum of three years.

(3) The completed version of each plan shall include information and documentation necessary for the department to determine decontamination is achieved including:

(a) information identifying the contaminated inhabitable property, including the street address, mailing address, owner(s), legal description, latitude/longitude, and vehicle identification numbers of mobile homes or motorized vehicles;

(b) the name, certification number, and expiration date of the certified methamphetamine cleanup contractor who will implement the department approved plan;

(d) photographs documenting the assessment or final clearance activities showing each sample location;

(e) a drawing or sketch of all structures on the property depicting proposed sample locations;

(f) a description of the sampling procedure used for each material sampled;

(g) a copy of the chain of custody and testing results from each analytical laboratory;

(h) a written discussion interpreting the test results for all analytical testing and recommendation(s) from the methamphetamine cleanup contractor(s);

(i) the work plan shall include a letter from the intended landfill showing planned acceptance of methamphetamine-contaminated debris from the site. To complete the approved work plan, the contractor must submit documentation of the waste characterization, transportation, and disposal documents, including bills of lading, weight tickets, and/or manifests for all materials removed from the property;

(j) to complete an assessment plan or final clearance plan a written discussion summarizing the sample results with a comparison to the decontamination standard in 75-10-1303, MCA; and

(k) a written summary of any deviations from the department-approved plan(s) by the certified methamphetamine cleanup contractor.

(4) Once each completed plan is executed, the plan should be supplemented to verify completion of the tasks described in the completed and approved version.