Montana Administrative Register Notice 17-381 No. 1   01/08/2016    
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In the matter of the amendment of ARM 17.50.523 pertaining to transportation









          TO: All Concerned Persons


          1. On February 1, 2016, at 9:30 a.m., the Department of Environmental Quality will hold a public hearing in Room 111, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.


          2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact Elois Johnson, Paralegal, no later than 5:00 p.m., January 18, 2016, 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:


          17.50.523 TRANSPORTATION (1) Solid waste must be transported in such a manner so as to prevent its discharge, dumping, spilling, or leaking from the transport vehicle.

          (2) Waste haulers transporting oilfield exploration and production waste must cover and secure loads and keep loads covered and secure while in transit in a manner that prevents discharge, dumping, spilling, or leaking from the transport vehicle.


          AUTH: 75-10-204, MCA

          IMP:  75-10-204, MCA


          REASON: The proposed amendment to ARM 17.50.523 makes coverage mandatory for loads containing oilfield exploration and production waste while in transit. The department has a greater concern for this type of solid waste because the geologic formations that contain oil and gas deposits also contain naturally occurring radionuclides, which are referred to as naturally occurring radioactive materials (NORM). Because the extraction process concentrates the naturally occurring radionuclides and exposes them to the surface environment and human contact, these wastes are classified as technologically enhanced naturally occurring radioactive material (TENORM). TENORM may be harmful to human health and the environment if not properly managed. This amendment is necessary to ensure proper management of oilfield exploration and production waste during transit.


          4. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to ejohnson@mt.gov, no later than 5:00 p.m., February 5, 2016. To be guaranteed consideration, mailed comments must be postmarked on or before that date.


          5. Paul Nicol, attorney for the Department of Environmental Quality, has been designated to preside over and conduct the hearing.


          6. 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, 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 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 the office at (406) 444-4386, e-mailed to Elois Johnson at ejohnson@mt.gov; or may be made by completing a request form at any rules hearing held by the department.


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


          8. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.


Reviewed by:                                        DEPARTMENT OF ENVIRONMENTAL





/s/ John F. North                          BY:  /s/ Tom Livers                                      

JOHN F. NORTH                                TOM LIVERS, Director

Rule Reviewer


          Certified to the Secretary of State, December 28, 2015.


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