MONTANA ADMINISTRATIVE REGISTER ISSUE NO. 13 The ...

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-916-regulated substances. Installation also includes repair or modification of anunderground storage tank system through such means as tank relining or the repairor replacement of valves, fillpipes, piping, vents, or in-tank liquid-level monitoringsystems. Installation also means installation, repair, or modification of a leakdetection device that is external to and not attached to the underground storage tanksystem and the installation, repair, or modification of a cathodic protection system.The terms "installation" and "to install" do not include the process of conducting aprecision (tightness) test to establish the integrity of the underground storage tanksystem.(33) "Installer" means an individual who is engaged in the business ofinstallation or closure of installs or closes underground storage tanks systems.(34) through (43) remain the same.(44) "Operator" means any person in control of, or having responsibility for,the daily operation of the UST system.:(a) for purposes of administration of Title 75, chapter 11, parts 2 and 5, MCA,the term as defined in 75-11-203, MCA; and(b) for purposes of administration of Title 75, chapter 11, part 3, MCA, theterm as defined in 75-11-302, MCA.(45) through (47)(c)(ii) remain the same.(48) "Person" means an individual, trust, firm, joint stock company, federalagency, corporation, state, municipality, commission, political subdivision of a state,or any interstate body. "Person" also includes a consortium, a joint venture, acommercial entity, and the United States government.:(a) for purposes of administration of Title 75, chapter 11, part 2, MCA, theterm as defined in 75-11-203, MCA;(b) for purposes of administration of Title 75, chapter 11, part 3, MCA, theterm as defined in 75-11-302, MCA; and(c) for purposes of administration of Title 75, chapter 11, part 5, MCA, theterm as defined in 75-11-503, MCA.(49) "Petroleum storage tank" or "PST" means a tank that contains orcontained petroleum or petroleum products and that is:(a) through (c) remain the same.(d) aboveground pipes associated with tanks under (47) (49)(b) and (c),except that pipelines regulated under the following laws are excluded:(i) the Natural Gas Pipeline Safety Laws Act of 1968 (49 USC 60101 1671, etseq.); and(ii) the Hazardous Liquid Pipeline Safety Act of 1979 (49 USC 2001, et seq.);and(ii) (iii) state law comparable to the provisions of law referred to in (47)(49)(d)(i) and (ii), if the facility is intrastate.(50) through (52) remain the same.(53) "Public water supply system" means a public water supply system asdefined by 75-6-107 in 75-6-102, MCA.(54) and (55) remain the same.(56) "Release" means any spilling, leaking, emitting, discharging, escaping,leaching, or disposing from a tank system into ground water, surface water, surfacesoils, or subsurface soils.MAR Notice No. 17-260 13-7/5/07
-917-(57) through (61) remain the same.(62) "Secondary containment" means:(a) a liquid-tight (secondary) shell or jacket that extends around the inner(primary) shell of a tank or piping that is designed, constructed, and installed tocontain any leak from any part of the tank or piping that routinely contains aregulated substance. Secondary containment must be designed, constructed, andinstalled to:(i) prevent releases to the environment;(ii) allow for monitoring of releases between the primary and secondaryshells; and(iii) allow for detection of any leak; and(b) liquid-tight tank sumps, transition sumps, or under-dispenser containmentsumps that will contain a leak from any part of the tank or piping that routinelycontains a regulated substance until detection.(62) through (69) remain the same, but are renumbered (63) through (70).(71) "Under-dispenser containment" means containment underneath adispenser that will prevent leaks from the dispenser from reaching soil or groundwater (see [NEW RULE I]).(72) "Underground storage tank" or "UST" has the meaning given in 75-11-503, MCA.(70) remains the same, but is renumbered (73).(71) (74) "UST system" or "tank system" means an underground storage tankor petroleum storage tank, as appropriate, underground ancillary equipmentdesigned to prevent, detect, or contain a release from an UST system, theequipment necessary to connect dispensers to product piping, and containmentsystem, if any.(72) remains the same, but is renumbered (75).AUTH: 75-11-204, 75-11-319, 75-11-505, MCAIMP: 75-11-203, 75-11-302, 75-11-319, 75-11-505, MCAREASON: The department is proposing to review the definitions of"installation," "installer," "operator," "person," and "UST system" to conform theterms to the definitions of the same terms in 75-11-203, MCA. Allowance is madefor the differing definitions of "person" in 75-11-203, 75-11-302, and 75-11-503,MCA. Allowance is made for the differing definitions of "operator" in 75-11-203 and75-11-302, MCA. The department is proposing to revise the definitions of"petroleum storage tank" and "release" to conform the terms to the definitions of thesame terms in 75-11-302, MCA. These amendments are necessary to keep therules consistent with applicable statutes.The department is proposing to add definitions of "secondary containment"and "under-dispenser containment" because the terms are used in New Rule I. Thedepartment is proposing to add the definition of "underground storage tank" becausethe term is used throughout the chapter.13-7/5/07 MAR Notice No. 17-260
Page 4: -902-BEFORE THE STATE AUDITOR AND C
Page 8 and 9: -906-(a) using DoD personnel, direc
Page 10 and 11: -908-(b) making any representation
Page 12 and 13: -910-IMP:33-18-103, MCA4. REASONABL
Page 14 and 15: -912-BEFORE THE DEPARTMENT OF FISH,
Page 16 and 17: -914-6. Rebecca Dockter, or another
Page 20 and 21: -918-The department is proposing to
Page 22 and 23: -920-forth requirements for the man
Page 24 and 25: -922-which may be obtained from Und
Page 26 and 27: -924-(d) American Petroleum Institu
Page 28 and 29: -926-protection must shall comply w
Page 30 and 31: -928-products, and a copy of which
Page 32 and 33: -930-schedule as the underground st
Page 34 and 35: -932-REASON: The department is prop
Page 36 and 37: -934-closure practices for UST syst
Page 38 and 39: -936-IMP: 75-10-405 75-11-505, MCA1
Page 40 and 41: -938-(1) through (4) remain the sam
Page 42 and 43: -940-catastrophic line leak detecti
Page 44 and 45: -942-BEFORE THE DEPARTMENT OF ENVIR
Page 46 and 47: -944-17.74.404 COURSE AUDIT FEES (1
Page 48 and 49: -946-6. The department maintains a
Page 50 and 51: -948-maintenance, tracking, and ren
Page 52 and 53: -950-REASON: It is reasonable and n
Page 54 and 55: -952-BOARD OF REALTY REGULATIONTEDD
Page 56 and 57: -954-biology as an equivalent quali
Page 58 and 59: -956-BOARD OF SANITARIANSTED KYLAND
Page 60 and 61: -958-accredited birthing center unl
Page 62 and 63: -960-(FR) 43616 (June 28, 2002).(6)
Page 64 and 65: -962-Because the effective date of
Page 66 and 67: -964-BEFORE THE DEPARTMENT OF ADMIN
Page 68 and 69:
-966-BEFORE THE DEPARTMENT OF JUSTI
Page 70 and 71:
-968-BEFORE THE DEPARTMENT OF LABOR
Page 72 and 73:
-970-BEFORE THE BOARD OF PLUMBERSDE
Page 74 and 75:
-972-To keep fine money rather than
Page 76 and 77:
-974-BEFORE THE DEPARTMENT OF PUBLI
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
-980-Revenue and Transportation Int
Page 84 and 85:
-982-ACCUMULATIVE TABLEThe Administ
Page 86 and 87:
-984-FISH, WILDLIFE, AND PARKS, Dep
Page 88 and 89:
-986-(Board of Barbers and Cosmetol
Page 90 and 91:
-988-Organizations - Waiver of Cont
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