(1) The applicable state rules referenced in 75-11-308 (1) (b) (ii) and 75-11-309 (1) (b) , MCA, are:

(a) the following provisions of the National Fire Protection Association 1 Uniform Fire Code, (NFPA1/UFC) (2003) , a copy of which may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169, or online without cost at www.nfpa.org:

(i) Section 42.2.3. 4.4.3, which states that means must be provided to sound an audible alarm when the liquid level in the tank reaches 90% capacity. Means must be provided either to automatically stop the flow of liquid into the tank when the liquid level in the tank reaches 98% capacity, or to restrict the flow of liquid into the tank to a maximum flow rate of 2.5 gpm when the liquid in the tank reaches 95% of capacity;

(ii) Section 42.2.3. 4.5.2, which states that guard posts or other approved means must be provided to protect tanks that are subject to vehicular damage;

(iii) Section 42.2.4.2.1, which states that the design, fabrication, assembly, test and inspection of the piping system must meet the requirement of chapter 5 of NFPA1/UFC 30, Flammable and Combustible Liquids Code;

(iv) Section 42.2.4.2.3, which states that any portion of a piping system that is in contact with the soil must be protected from corrosion in accordance with good engineering practice;

(v) Section 42.2.5.3.4, which states that dispensing devices must be mounted on a concrete island or must otherwise be protected against collision damage by means acceptable to the authority having jurisdiction. Dispensing devices must be bolted securely in place;

(vi) Section 42.2.5.5.2, which states that a listed emergency breakaway device designed to retain liquid on both sides of the breakaway point must be installed on each hose dispensing Class I liquids. Such devices must be installed and maintained in accordance with the manufacturers' instructions;

(vii) Section 42.2.5.7, which states that fuel dispensing systems must be provided with one or more clearly identified emergency shutoff devices or electrical disconnects;

(viii) Section 66.2.2.1, which states that tanks may be of any shape, size, or type consistent with sound engineering design. Metal tanks must be welded, riveted and caulked, or bolted, or constructed using a combination of these methods; and

(ix) Section 66.2.3.1.1, which states that tanks must rest on the ground or on foundations made of concrete, masonry, piling or steel. Tank foundations must be designed to minimize the possibility of uneven settling of the tank and to minimize corrosion in any part of the tank resting on the foundation.

(b) the following requirements in ARM Title 17, chapter 56:

(i) the installation and design standards for underground storage systems contained in subchapters 1 and 2;

(ii) the spill and overfill prevention and corrosion protection requirements for underground storage tanks contained in subchapter 3;

(iii) the release prevention and detection requirements for underground storage tanks and piping contained in subchapter 4;

(iv) the testing, monitoring and recordkeeping requirements identified in (1) (b) (ii) and (iii) ;

(v) the release reporting, initial response and corrective action requirements identified in subchapters 5 and 6; and

(vi) for inactive and permanently closed underground storage tanks, ARM 17.56.701 and 17.56.702, to the extent that those rules require emptying of such tanks.

(2) An owner or operator shall be considered in compliance with the requirements of (1) (b) (i) through (iv) , if the owner's underground storage tank, as defined in 75-11-503 , MCA, has one of the following permits issued by the department in accordance with 75-11-509 , MCA:

(a) a valid operating permit; or

(b) a valid conditional permit.