MONTANA ADMINISTRATIVE REGISTER ISSUE NO. 13 The ...

More documents

Recommendations

Info

-918-The department is proposing to revise the definition of "UST system" toinclude connecting equipment including shear valves, check valves, and flexconnectors. This inclusion is necessary to implement New Rule I, which requiresunder-dispenser containment.17.56.102 APPLICABILITY (1) through (2)(b) remain the same.(3) Subchapters 2, 3, 4, 7, 8, 9, 10, 13, and 14 do not apply to any of thefollowing types of PSTs and UST systems:(a) through (e) remain the same.(f) aboveground pipes associated with tanks under (3)(d) or (e), except thatpipelines regulated under the following laws are excluded:(i) the Pipeline Safety Laws (49 USC 60101, et seq.); and(ii) state law comparable to the provisions of law referred to in (3)(f)(i), if thefacility is intrastate; or(g) through (6)(c) remain the same.AUTH: 75-11-319, 75-11-505, MCAIMP: 75-11-319, 75-11-505, MCAREASON: The department is proposing to delete outdated language in ARM17.56.102(3)(f) that does not affect the meaning of the rule. The pipelinesreferenced in this subsection are excluded from regulation under the definitions inTitle 75, chapter 11, MCA, and in ARM 17.56.101. The reference to those pipelinesin this rule was intended to simply restate the exclusion in the definitions. However,the reference was inserted as an exception to a list of excluded systems, which hasthe opposite effect of what was intended. It is necessary to delete the referencebecause it is redundant and misleading.17.56.104 TANK STANDARDS FOR EXEMPTED UST SYSTEMS (1) Noperson may install an UST system listed in ARM 17.56.102(4) or (5) for the purposeof storing regulated substances unless the UST system (whether of single- ordouble-wall construction):(1) through (3) remain the same, but are renumbered (a) through (c).AUTH: 75-10-405 75-11-505, MCAIMP: 75-10-405 75-11-505, MCAREASON: The first paragraph of this rule was inadvertently not numbered ina previous rulemaking. The department is proposing to correct the rule numbering.The authorization and implementation statutes listed for ARM 17.56.104 areincorrect. Although 75-10-405, MCA, provided rulemaking authority when this rulewas adopted, the statutes were later amended and the rulemaking authority for theunderground storage tank program is now provided in 75-11-505, MCA.17.56.105 VARIANCES (1) through (6) remain the same.MAR Notice No. 17-260 13-7/5/07
-919-AUTH: 75-10-405 75-11-505, MCAIMP 75-10-405 75-11-505, MCAREASON: The authorization and implementation statutes in ARM 17.56.105are incorrect. Although 75-10-405, MCA, provided rulemaking authority when thisrule was adopted, the statutes were later amended and the rulemaking authority forthe underground storage tank program is now provided in 75-11-505, MCA.17.56.201 PERFORMANCE STANDARDS FOR NEW UST SYSTEMS(1) In order to prevent releases due to structural failure, corrosion, or spillsand overfills for as long as the UST system is used to store regulated substances, allowners and operators of new UST systems must shall meet the followingrequirements:(a) Each tank must be properly designed and constructed, and any portionunderground that routinely contains product must be protected from corrosion, inaccordance with any one of the codes of practice developed by a nationallyrecognized association or independent testing laboratory adopted by reference in(1)(a)(i) through (iii):(i) the tank is constructed of fiberglass-reinforced plastic in accordance withany one of the standards adopted by reference in (1)(f) (2)(a) through (c); or(ii) the tank is constructed of steel and cathodically protected in the followingmanner and in accordance with any one of the standards adopted by reference in(1)(g) (2)(d) through (j):(A) through (D) remain the same.(iii) the tank is constructed of a steel-fiberglass-reinforced-plastic compositein accordance with all of the standards adopted by reference in (1)(j)(i) and (ii) (2)(e)and (k).(b) The piping that may contain regulated substances, including vent linesand fill lines, and is in contact with the ground, must be properly designed,constructed, and protected from corrosion in accordance with any one of the codesof practice developed by a nationally recognized association or independent testinglaboratory adopted by reference in (1)(b)(i) and (ii):(i) the piping is constructed of fiberglass-reinforced plastic in accordance withall of the standards adopted by reference in (1)(i) (2)(l) through (o); or(ii) the piping is constructed of steel and cathodically protected in thefollowing manner and in accordance with all of the standards adopted by referencein (1)(j) (2)(p) through (s):(A) through (c)(ii)(B) remain the same.(d) All tanks and piping must be properly installed in accordance with thischapter, the manufacturer's instructions or specifications, all permit conditions, andall applicable standards adopted by reference in (1)(k) (2)(q) and (t) through (v).(e) through (e)(iv) remain the same.(f) (2) The department hereby adopts and incorporates by reference theversion in effect on July 1, 2006, of the following standards, specifications, andpublications:(i) (a) Underwriters Laboratories Standard 1316, "Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products" which sets13-7/5/07 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 18 and 19: -916-regulated substances. Installa
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
show all

MONTANA ADMINISTRATIVE REGISTER ISSUE NO. 13 The ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?