Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 17.56.102, 17.56.309, 17.56.402, 17.56.1001, and 17.56.1305 and the adoption of New Rule I pertaining to applicability, compliance inspections, petroleum UST systems, fee schedule, permit issuance, and anti-siphon requirements

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND ADOPTION

(UNDERGROUND STORAGE TANKS)

TO: All Concerned Persons

1. On January 12, 2011, at 10:00 a.m., the Department of Environmental Quality will hold a public hearing in Room 35, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the proposed amendment and adoption of the above-stated rules.

2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, please contact Elois Johnson, Paralegal, no later than 5:00 p.m., January 3, 2011, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail ejohnson@mt.gov.

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

17.56.102 APPLICABILITY (1) through (2)(b) remain the same.

(3) Subchapters 2, 3, 4, 7, 8, 9, 10, 13, ~~and~~ 14, and 15 do not apply to any of the following types of PSTs and UST systems:

(a) through (g) remain the same.

(4) Subchapters 2, 3, 4, 5, 7, 8, 9, 10, 13, ~~and~~ 14, and 15 do not apply to any of the following types of UST systems:

(a) through (c) remain the same.

(5) Subchapters 2, 3, 4, ~~and~~ 8, and 15 do not apply to any of the following types of UST systems:

(a) through (6)(c) remain the same.

AUTH: 75-11-319, 75-11-505, MCA

IMP: 75-11-319, 75-11-505, MCA

REASON: The department is proposing to add a reference to subchapter 15 to (3) through (5) because, in a rulemaking effective November 26, 2009, the department adopted a new subchapter 15 pertaining to operator training. It is necessary to include subchapter 15 in the applicability rule since the operator training that is required in subchapter 15 would train the operators in rules that do not apply to them or their respective facilities.

17.56.309 REQUIREMENTS FOR COMPLIANCE INSPECTIONS

(1) through (9) remain the same.

(10) The owner or operator shall submit to the department a follow-up inspection report either:

(a) within 30 days after completion of the corrective actions required under ~~(7)~~ (9), or at least 14 days before the expiration of the facility's operating permit, whichever occurs first; or

(b) within another time frame determined by the department.

AUTH: 75-11-505, 75-11-509, MCA

IMP: 75-11-509, MCA

REASON: It is necessary to add a new (10)(b) because it would give the department flexibility on when to require the submittal of a follow-up inspection report. Some follow-up inspection reports include several issues that will need corrective action, and the corrective actions may not all be completed at the same time. The proposed revision will allow an owner or operator to submit only one follow-up inspection report for all of their corrective actions. Under the existing rule more than one follow-up inspection report would have been required for the same circumstance.

17.56.402 REQUIREMENTS FOR PETROLEUM UST SYSTEMS

(1) Except as provided in ~~(2)~~ (3), owners and operators of petroleum UST systems must provide release detection for tanks and piping as follows:

(a) through (5) remain the same.

AUTH: 75-11-302, 75-11-505, MCA

IMP: 75-11-302, 75-11-505, MCA

REASON: The department is proposing to update a citation in (1) because in a rulemaking effective November 26, 2009, a new section was added to ARM 17.56.402. The current rule amendment is necessary to correct a clerical error resulting from a change in the numbering during that prior rulemaking.

17.56.1001 TANK FEE SCHEDULE (1) remains the same.

(2) Owners or operators of the following underground storage tanks shall pay the following annual registration fees in accordance with (1) before the department will issue ~~a tank certificate under (3)~~ an operating permit under ARM 17.56.308:

(a) and (b) remain the same.

~~(3) The annual tank registration fees in (2) apply to annual tank registration fees that are due on or after January 1, 2004.~~

AUTH: 75-11-505, MCA

IMP: 75-11-505, MCA

REASON: The department is proposing to change "a tank certificate" to "an operating permit" to correct a misnomer. The department does not issue tank certificates, but does issue permits and the rule was intended to refer to operating permits. The department proposes to delete "under (3)" because, due to changes made during a prior rulemaking proceeding, the reference to (3) is no longer valid. The department proposes to delete the applicability date in (3) because the date is past and no longer relevant.

17.56.1305 MAJOR INSTALLATION, MINOR INSTALLATION, AND CLOSURE PERMIT ISSUANCE, TERMS, CONDITIONS (1) through (3)(f) remain the same.

(4) The department may not issue a permit under this rule until all annual registration fees required by ARM 17.56.1001 are received.

(4) through (11) remain the same, but are renumbered (5) through (12).

AUTH: 75-11-204, 75-11-505, MCA

IMP: 75-11-204, 75-11-209, 75-11-212, 75-11-505, MCA

REASON: The proposed new ARM 17.56.1305(4) will allow the department to withhold issuance of a permit under this rule until all tank registration fees have been paid. This is necessary to provide an incentive for owners and operators to be current on tank fees.

4. The proposed new rule provides as follows:

NEW RULE I ANTI-SIPHON REQUIREMENTS (1) The owner or operator of an UST system that is located at an elevation that produces a gravity head on an underground piping system shall ensure that the product pipe is equipped with one of the following devices:

(a) a department-approved anti-siphon valve;

(b) a department-approved normally closed solenoid valve; or

AUTH: 75-11-505, MCA

IMP: 75-11-505, MCA

REASON: The department is proposing to adopt the New Rule I anti-siphon requirements in order to protect the environment from spills and to reduce the chance of catastrophic releases to the environment caused by tanks that are elevated above connected underground piping systems. An anti-siphon or a normally closed solenoid valve prevents siphoning of the contents of the tank into the environment if the connected piping system fails. Without an anti-siphon prevention device, an elevated tank could release the entire contents of the tank into the environment whenever a leak develops in any portion of the underground piping system.

5. 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 Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; or e-mailed to ejohnson@mt.gov, no later than January 20, 2011. To be guaranteed consideration, mailed comments must be postmarked on or before that date.

6. Jane Amdahl, attorney, has been designated to preside over and conduct the hearing.

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos control; water/wastewater treatment plant operator certification; solid waste; junk vehicles; 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; wastewater treatment or safe drinking water revolving grants and loans; water quality; CECRA; underground/above ground storage tanks; MEPA; or general procedural rules other than MEPA. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901; faxed to (406) 444-4386; e-mailed to ejohnson@mt.gov; or may be made by completing a request form at any rules hearing held by the department.

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

Reviewed by: DEPARTMENT OF ENVIRONMENTAL

QUALITY

/s/ James M. Madden BY: /s/ Richard H. Opper

JAMES M. MADDEN RICHARD H. OPPER, Director

Rule Reviewer

Certified to the Secretary of State, December 13, 2010.