MONTANA ADMINISTRATIVE REGISTER ISSUE NO. 13 The ...

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-938-(1) through (4) remain the same.AUTH: 75-10-405 75-11-505, MCAIMP: 75-10-405 75-11-505, MCAREASON: The authorization and implementation statutes in ARM 17.56.702through 17.56.705, 17.56.801 through 17.56.803, 17.56.805 through 17.56.811,17.56.816, 17.56.817, 17.56.820 through 17.56.825, 17.56.827, 17.56.828,17.56.901, and 17.56.1002 through 17.56.1005 are incorrect. Although 75-10-405,MCA, provided rulemaking authority when these rules were adopted, the statuteswere later amended and the rulemaking authority for the underground storage tankprogram is now provided in 75-11-505, MCA.17.56.1422 PROHIBITION OF UNPROFESSIONAL LICENSEE CONDUCT(1) Any of the following acts of a person licensed under this subchapterconstitute unprofessional conduct, are prohibited, and may result in the departmentconditioning, restricting, suspending, or revoking a license issued under thissubchapter:(a) through (k) remain the same.(l) failure to adequately inspect an underground storage tank system forcompliance with its operation, maintenance, and recordkeeping requirements inaccordance with ARM 17.56.309;(m) and (n) remain the same.AUTH: 75-11-204, MCAIMP: 75-11-204, 75-11-211, MCAREASON: The department is proposing to revise the list of acts that mayconstitute unprofessional conduct. The phrase "adequately inspect" is clarified toinclude inspection requirements in ARM 17.56.609. The addition of this phrasewould clarify the department's authority to restrict, suspend, or revoke a license forunprofessional conduct related to inspecting the operation, maintenance, andrecordkeeping for underground storage tank systems.4. The proposed new rule provides as follows:NEW RULE I SECONDARY CONTAINMENT, UNDER-DISPENSERCONTAINMENT, AND INTERSTITIAL MONITORING (1) Any UST that is replacedor installed must employ:(a) secondary containment and approved continuous interstitial monitoring,as described in ARM 17.56.407(1)(g) and (2), as a monthly leak detection method;(b) under-dispenser containment that provides access; and(c) a liquid-tight tank top sump where the product piping exits the tank.(2) Any pressurized product piping regulated under this chapter that isinstalled or replaced must:(a) employ secondary containment;(b) terminate in a liquid tight sump at each end. The sumps must:MAR Notice No. 17-260 13-7/5/07
-939-(i) be liquid-tight on their sides, bottom, and at any penetrations;(ii) be compatible with the substance conveyed by the piping; and(iii) allow for visual inspection and access to the components in thecontainment system and/or otherwise allow the system to be monitored;(c) employ approved continuous interstitial monitoring, as described in ARM17.56.407(1)(g) and (2), as a monthly leak detection method; and(d) employ an automatic line leak detector.(3) If over 50% of the length (measured from the piping terminus at the tankto the nearest point where the product is dispensed or otherwise used) or apressurized product pipe regulated under this chapter is replaced, then the entirelength of product piping must be replaced with secondarily-contained piping. Thereplacement of a line of product piping from a particular UST does not require thereplacement of product pipes connected to other USTs.(4) Under-dispenser containment must be installed under dispensers when:(a) a new UST system is installed;(b) dispensers and any associated hardware used to attach the dispenser tothe product piping are replaced;(c) product piping is repaired or replaced at an associated dispenser island;(d) significant modifications are made to the concrete at a dispenser island;or(e) the department determines under-dispenser containment is necessary tomeet the requirements of this rule.(5) If under-dispenser containment is required pursuant to (1) or (4), thecontainment must:(a) employ approved interstitial monitoring, as described in ARM17.56.407(1)(g) and (2), as a monthly leak detection method;(b) be liquid-tight on its sides, bottom, and at any penetrations;(c) be compatible with the substance conveyed by the piping; and(d) allow for visual inspection and access to the components in thecontainment system and/or allow the system to be monitored.AUTH: 75-11-505, MCAIMP: 75-11-509, MCAREASON: The department is proposing New Rule I, which implementsSection 1530 of the Energy Policy Act of 2005, Pub. L. 109-58, (Act). Section 1530of the Act requires that each new UST, or piping connected to any such new tankinstalled after February 8, 2007, either have secondary containment if it is within1000 feet of any existing community water system or existing potable drinking waterwell, or the person who manufactures or installs the UST system shall maintainfinancial responsibility for the costs of corrective action. Because the vast majorityof USTs are located within 1000 feet of a community water system, and it is difficultto determine the exact distance to a community water system, this rule would requireall USTs, newly replaced or installed, to have secondary containment. Requiring allnewly replaced or installed USTs to have secondary containment is environmentallysound and would be simpler for the regulated community to implement.The department has historically allowed continuous interstitial monitoring for13-7/5/07 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 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 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 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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