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Montana Administrative Register Notice 17-315 No. 1   01/13/2011    
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BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.53.706, 17.56.502, 17.56.505, and 17.56.506 pertaining to emergency preparedness, prevention, and response at transfer facilities, reporting of suspected releases, reporting and cleanup of spills and overfills, and reporting of confirmed releases

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NOTICE OF PROPOSED AMENDMENT

 

(HAZARDOUS WASTE AND UNDERGROUND STORAGE TANKS)

 

(NO PUBLIC HEARING CONTEMPLATED)

 

            TO: All Concerned Persons

 

            1. On February 14, 2011, the Department of Environmental Quality proposes to amend the above-stated rules.

 

            2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process and need an alternative accessible format of this notice.  If you require an accommodation, please contact Elois Johnson, Paralegal, no later than 5:00 p.m., January 31, 2011, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov.

 

            3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

 

            17.53.706 EMERGENCY PREPAREDNESS, PREVENTION, AND RESPONSE AT TRANSFER FACILITIES (1) Transfer facility owners and operators shall comply with the emergency preparedness and prevention requirements set forth in 40 CFR 265, subpart C.

            (2) Transfer facility owner and operators shall also comply with the following additional emergency planning and response requirements:

            (a) through (b)(iv) remain the same.

            (c) The emergency coordinator or the coordinator's designee shall respond to any emergencies that arise by formulating a contingency plan under the guidelines of 40 CFR 265, subpart D, and by making appropriate responses. Appropriate responses include the following:

            (i) and (ii) remain the same.

            (iii) In the event of a fire, explosion, spill or other release event that could threaten human health or when the emergency coordinator has knowledge that a spill has reached surface water, the emergency coordinator shall immediately notify the national response center (800-424-8802) and the department (using the 24-hour telephone number, 406-841-3911 (406) 324-4777). The notifications must include the following information:

            (A) through (E) remain the same.

 

            AUTH: 75-10-405, MCA

            IMP:  75-10-405, MCA

 

            17.56.502 REPORTING OF SUSPECTED RELEASES (1) Owners and operators, any person who installs or removes an UST, or who performs subsurface investigations for the presence of regulated substances, and any person who performs a tank tightness or line tightness test pursuant to ARM 17.56.407 or 17.56.408, must report suspected releases to a person within the Remediation Division of the department and the implementing agency or to the 24-hour Disaster and Emergency Services officer available at telephone number (406) 841-3911 324-4777 within 24 hours of discovery of the existence of any of the following conditions:

            (a) through (2) remain the same.

 

            AUTH: 75-11-319, 75-11-505, MCA

            IMP:  75-11-309, 75-11-505, MCA

 

            17.56.505 REPORTING AND CLEANUP OF SPILLS AND OVERFILLS

            (1) through (2) remain the same.

            (3) Telephone notification required in (1) or (2) must be made to a person in the Remediation Division of the department or to the 24-hour Disaster and Emergency Services duty officer at (406) 841-3911 324-4777. Messages left on answering machines, received by facsimile, e-mail, voice mail or other messaging device are not adequate 24-hour notice. For further assistance, the department's release reporting hotline may be reached at 1 (800) 457-0568.

 

            AUTH: 75-11-319, 75-11-505, MCA

            IMP:  75-11-309, 75-11-505, MCA

 

            17.56.506 REPORTING OF CONFIRMED RELEASES (1) Upon confirmation of a release in accordance with ARM 17.56.504, or after a release from the PST or UST system is identified in any other manner, owners and operators, any person who installs or removes an UST, or who performs subsurface investigations for the presence of regulated substances, and any person who performs a tank tightness or line tightness test pursuant to ARM 17.56.407 or 17.56.408, must report releases to the department and the implementing agency within the specified timeframes and in the following manner:

            (a) Except as provided in (1)(b), all confirmed releases must be reported to a person within the remediation division of the department, the implementing agency, or the 24-hour disaster and emergency services duty officer available at telephone number (406) 841-3911 324-4777 within 24 hours of confirming the release. Messages left on answering machines, received by facsimile, e-mail or voice mail, or other messaging device are not adequate 24-hour notice. For further assistance, the department's release reporting hotline may be reached at 1 (800) 457-0568.

            (b) through (iii) remain the same.

 

            AUTH: 75-11-319, 75-11-505, MCA

            IMP:  75-11-309, 75-11-505, MCA

 

            REASON: The Department of Emergency Services at Fort Harrison has changed the phone number for reporting of suspected releases, reporting and cleanup of spills and overfills, and the reporting of confirmed releases. The current number will be effective only until March 31, 2011.

 

            4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov, no later than February 10, 2011. To be guaranteed consideration, mailed comments must be postmarked on or before that date.

 

            5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments they have to Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov, no later than February 10, 2011.

 

            6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be 130 based on the 1288 permitted facilities and the 11 hazardous waste facility permits in Montana.

 

            7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; infectious waste; public water supplies; public sewage systems regulation; hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation; strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA.  Notices will be sent by e-mail unless a mailing preference is noted in the request.  Such written request may be mailed or delivered to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; e-mailed to ejohnson@mt.gov; or may be made by completing a request form at any rules hearing held by the department.

 

            8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

Reviewed by:                                                DEPARTMENT OF ENVIRONMENTAL

                                                                        QUALITY

 

 

 

/s/ John F. North                                  BY: /s/ Richard H. Opper                        

JOHN F. NORTH                                         RICHARD H. OPPER, Director

Rule Reviewer

 

            Certified to the Secretary of State, January 3, 2011.

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