BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.56.402 pertaining to requirements for petroleum UST systems

) ) ) ) ) ) ) )

NOTICE OF PROPOSED AMENDMENT   (UNDERGROUND STORAGE TANKS)   (NO PUBLIC HEARING CONTEMPLATED)

 

            TO:  All Concerned Persons

 

            1.  On March 12, 2012, the Department of Environmental Quality proposes to amend the above-stated rule.

 

            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., February 20, 2012, 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 rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined:

 

            17.56.402  REQUIREMENTS FOR PETROLEUM UST SYSTEMS

            (1) through (2) remain the same.

            (3)  Terminal piping is exempt from the requirements of ARM 17.58.204(2) 17.56.204(2) and (3), 17.56.304(3)(f)(i), 17.56.408(1)(a) through (d), 17.56.504(1)(a), and 17.56.701(4)(b)(ii) and (d)(ii).  The department may exempt other associated piping on a case-by-case basis, if the department determines the exemption would not cause harm to human health or the environment.

            (4)  The exempt piping referenced in (2) (3) must be annually leak tested using:

            (a) through (5) remain the same.

 

            AUTH:  75-11-302, 75-11-505, MCA

            IMP:  75-11-302, 75-11-505, MCA

 

            REASON:  The department is proposing to amend ARM 17.56.402 to correct citation errors.  Adopting the correct cites will eliminate confusion regarding compliance with release detection requirements for certain underground storage tanks and piping.

 

            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 March 8, 2012.  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 March 8, 2012.

 

            6.  If the department receives requests for a public hearing on the proposed action from either 10% 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 88 based on the 877 owners and operators in Montana.

 

            7.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this entity.  Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, 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 supply; 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 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, 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/ James M. Madden                          By:  /s/ Richard H. Opper                                   

JAMES M. MADDEN                                   RICHARD H. OPPER

Rule Reviewer                                             Director

 

            Certified to the Secretary of State, January 30, 2012.