1. On January 17, 2024, at 1:30 p.m., the Petroleum Tank Release Compensation Board, attached to the Department of Environmental Quality, will hold a public hearing in the Bitterroot Conference Room of the Cedar Street Building, 1225 Cedar Street at Helena, Montana, to consider the proposed amendment and repeal of the above-stated rules.

 

2. The board will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the board no later than 4:00 p.m. on January 10, 2024, to advise us of the nature of the accommodation that you need. Please contact Garnet Pirre, Program Specialist, Petroleum Tank Release Compensation Board, P.O. Box 200902, Helena, Montana 59620-0902; telephone (800) 556-5291; fax (406) 841-5091; or e-mail gpirre@mt.gov.

 

Zoom Call-In Information for Public Hearing:

https://mt-gov.zoom.us/j/88910938640?pwd=VjROUk9yTnYxNjdsVURWZzZwaGlpUT09

           

            Meeting ID: 889 1093 8640

            Password:  241085

 

            Dial by Telephone +1 646 558 8656

Meeting ID: 889 1093 8640

Password: 241085

 

3. General Reason Statement: The proposed amendments are necessary to align the rules with recent legislative changes passed to clarify implementation of the petroleum storage tank cleanup program.

 

4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            17.58.336 REVIEW AND DETERMINATION OF CLAIMS FOR REIMBURSEMENT (1) remains the same.

      (2) Upon receipt of a claim for reimbursement for corrective action costs, the board staff shall will determine if the claim form is complete. The board staff shall will promptly advise the owner or operator, or a remediation contractor acting on behalf of an owner or operator, of any incompleteness or deficiency that appears on the claim form. The final review may be suspended pending the submission of additional information by the owner or operator, or a remediation contractor acting on behalf of an owner or operator.

(3) remains the same.

(4) The board may delegate to the director of the Department of Environmental Quality authority to process and order reimbursement of specified categories of claims upon receipt and review. The director of the Department of Environmental Quality shall report the number of such claims and the amounts obligated or expended at the next meeting of the board. Upon notification that the proposed fund expenditures may not be in accordance with 75-11-313(3), MCA, the board chairperson will review the evidence and decide whether to initiate a third-party review. If the chairperson decides to initiate a third-party review, he or she will submit a claim for review to a qualified third party of his or her choosing. The results of the third-party review will be included in the board's claim review process per 75-11-312, MCA.

(5) remains the same.

            (6) The owner or operator may appear before the board and make a statement regarding the claim and the board staff's recommendations. Any other interested party may also make a statement. The board may establish a fair and reasonable limit on the time allowed for oral presentations. The board shall will thereafter consider the claim and, upon making the determinations required by 75-11-309(3), MCA, may grant it in whole, in such part as may to the board seem proper, or may deny the claim. Reasons for partial or total denials or disallowed expenses must be stated in the claim reimbursement summary contained in the file.  The minutes of a board meeting must reflect the sequence of actions taken on claims.

            (7) and (8) remain the same.

 

AUTH: 75-11-318, MCA

IMP: 75-11-309, MCA

 

            17.58.344 REVIEW OF CORRECTIVE ACTION PLAN (1) The board staff shall will review each corrective action plan and establish the allowable reimbursement for each corrective action in a corrective action plan budget. If the review indicates that the fund is not being used in accordance with 75-11-313(3), MCA, the board staff will notify the board chairperson and provide an explanation of the board staff's findings. The chairperson will then review the evidence and decide whether to initiate a third-party review. If the chairperson decides to initiate a third-party review, he or she will submit a corrective action plan for review to a qualified third party of his or her choosing. The results of the third-party review will be included in the board's corrective action plan review process per 75-11-312, MCA.

            (2) Owners or operators or their representatives shall must solicit at least three competitive bids for subcontractor corrective action work costing over $2500. The owner or operator shall must submit documentation showing that at least three bids were solicited for the corrective action. Owners and operators must be reimbursed a reasonable amount for the time to prepare, solicit, and evaluate bids.

            (3) through (6) remain the same.

 

AUTH: 75-11-318, MCA

IMP: 75-11-318, MCA

 

            5. General Reason Statement: The rules proposed to be repealed are not statutorily supported. In accordance with Governor Gianforte's Red Tape Relief Initiative, the repeal of these rules is necessary to remove outdated and unnecessary regulations throughout Montana's state agencies.

 

6. The board proposes to repeal the following rules:

 

            17.57.101 PURPOSE

 

AUTH: 75-11-319, MCA

IMP: 75-11-308, 75-11-319, MCA

 

            17.57.102 APPLICABILITY

 

AUTH: 75-11-319, MCA

IMP: 75-11-308, 75-11-319, MCA

 

            17.57.103 DEFINITIONS

 

AUTH: 75-11-319, MCA

IMP: 75-11-308, 75-11-319, MCA

 

            17.57.104 STANDARDS INCORPORATED BY REFERENCE

 

AUTH: 75-11-319, MCA

IMP: 75-11-308, 75-11-319, MCA

 

            17.57.105 DESIGN, CONSTRUCTION AND INSTALLATION STANDARDS FOR ALL ABOVEGROUND DOUBLE-WALLED PETROLEUM STORAGE TANK SYSTEMS

 

AUTH: 75-11-319, MCA

IMP: 75-11-308, 75-11-319, MCA

 

            17.57.106 INSTALLATION OF ABOVEGROUND DOUBLE-WALLED PETROLEUM STORAGE SYSTEMS

 

AUTH: 75-11-319, MCA

IMP: 75-11-308, 75-11-319, MCA

 

            17.57.107 GENERAL RELEASE DETECTION STANDARDS

 

AUTH: 75-11-319, MCA

IMP: 75-11-308, 75-11-319, MCA

 

            7. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Garnet Pirre, Program Specialist, Petroleum Tank Release Compensation Board, P.O. Box 200902, Helena, Montana 59620-0902; telephone (800) 556-5291; fax (406) 841-5091; or e-mail gpirre@mt.gov., and must be received no later than 5:00 p.m., January 22, 2024.

 

8. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Any person may add their name and e-mail address to the board's interest parties email list at https://deq.mt.gov/cleanupandrec/programs/ptrcb. Persons who wish to receive notice by mail must make a written request to board staff that includes the name and mailing address of the person to receive notices. Such written request may be mailed or delivered to the contact person in paragraph 7 or may be made by completing a request form at any rules hearing held by the board.

 

9. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register. 

 

10. Aislinn Brown, attorney for the board, or another attorney from Agency Legal Services Bureau, has been designated to preside over and conduct the hearing.

 

11. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by mail and email on November 30, 2023.

 

/s/ Aislinn Brown                                         /s/ John Monahan             

Aislinn Brown                                              John Monahan

Rule Reviewer                                             Board Presiding Officer