MONTANA ADMINISTRATIVE REGISTER ISSUE NO. 13 The ...

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-940-catastrophic line leak detection which is less stringent than EPA's preferred methodfor line leak detection. (EPA's preferred method for line leak detection is not codifiedin any federal regulation.) The department is proposing a requirement in (2)(d) toinstall an automatic line leak detector on new and replaced pressurized product linesto conform the rule to EPA's preferred method.5. The rules proposed for repeal are as follows:17.56.120 NOTICE OF ASSESSMENT OF ADMINISTRATIVE PENALTY(AUTH: 75-11-505, MCA; IMP: 75-11-505, 75-11-525, MCA), located at page 17-6041, Administrative Rules of Montana. This rule would not be replaced.17.56.121 DETERMINATION OF ADMINISTRATIVE PENALTIES (AUTH:75-11-505, MCA; IMP: 75-11-505, 75-11-525, MCA), located at page 17-6041,Administrative Rules of Montana. This rule would not be replaced.REASON: The repeal of ARM 17.56.120 is necessary because the rulesubstantively repeats the language in 75-11-525(2), MCA, and rules may notunnecessarily repeat statutory language. Also, retaining the rule would be confusingand redundant.The repeal of ARM 17.56.121 is necessary because House Bill 94 (2007)eliminates the authority for the department to adopt a schedule of minimum andmaximum penalties for specific violations. Section 75-1-1001, MCA, and ARM Title17, chapter 4, subchapter 3, now provide factors for calculating penalties assessedunder Title 75, chapter 11, MCA, and the rules adopted thereunder.6. Concerned persons may submit their data, views, or arguments, eitherorally or in writing, at the hearing. Written data, views, or arguments may also besubmitted to Robert A. Martin, Waste and Underground Tank Management Bureau,Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-4194; fax (406) 444-1374; or e-mail to rmartin@mt.gov, nolater than August 3, 2007. To be guaranteed consideration, mailed comments mustbe postmarked on or before that date.7. James Madden, attorney, has been designated to preside over andconduct the hearing.8. The department maintains a list of interested persons who wish to receivenotices of rulemaking actions proposed by this agency. Persons who wish to havetheir name added to the list must make a written request that includes the name andmailing address of the person to receive notices and specifies that the personwishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestoscontrol; water/wastewater treatment plant operator certification; solid waste; junkvehicles; 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; wastewatertreatment or safe drinking water revolving grants and loans; water quality; CECRA;MAR Notice No. 17-260 13-7/5/07
-941-underground/above ground storage tanks; MEPA; or general procedural rules otherthan MEPA. Such written request may be mailed or delivered to Elois Johnson,Paralegal, Legal Unit, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana59620-0901, faxed to the office at (406) 444-4386, e-mailed to ejohnson@mt.gov, ormay be made by completing a request form at any rules hearing held by thedepartment.9. The bill sponsor notice requirements of 2-4-302, MCA, apply and havebeen fulfilled. Representative Kendall Van Dyk, the primary sponsor of HB 94(2007), was notified by mail on April 19, 2007.Reviewed by:DEPARTMENT OF ENVIRONMENTALQUALITY/s/ James M. MaddenJAMES M. MADDENRule Reviewer/s/ Richard H. OpperRICHARD H. OPPER, DirectorCertified to the Secretary of State, June 25, 2007.13-7/5/07 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 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 40 and 41: -938-(1) through (4) remain the sam
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

MONTANA ADMINISTRATIVE REGISTER ISSUE NO. 13 The ...

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