BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.4.101, 17.4.301, 17.4.302, 17.4.303, 17.4.304, 17.4.305, 17.4.306, 17.4.307, 17.4.308, 17.4.801, 17.4.803, 17.4.804, 17.8.102, 17.8.103, 17.8.120, 17.8.121, 17.8.221, 17.8.302, 17.8.333, 17.8.602, 17.8.760, 17.8.764, 17.8.767, 17.8.902, 17.8.1002, 17.8.1102, 17.8.1201, 17.8.1202, 17.8.1222, 17.8.1302, 17.8.1402, 17.8.1502, 17.20.1418, 17.38.103, 17.38.104, 17.38.201, 17.38.201A, 17.38.202, 17.38.203, 17.38.204, 17.38.205, 17.38.206, 17.38.207, 17.38.208, 17.38.210, 17.38.211, 17.38.212, 17.38.213, 17.38.214, 17.38.215, 17.38.216, 17.38.217, 17.38.219, 17.38.225, 17.38.227, 17.38.229, 17.38.230, 17.38.231, 17.38.234, 17.38.239, 17.38.244, 17.38.248, 17.38.249, 17.38.261, 17.38.262, 17.38.263, 17.38.264, 17.38.265, 17.38.271, 17.38.301, 17.38.302, 17.38.305, 17.38.310, 17.38.311, 17.38.312, 17.38.501, 17.38.502, 17.38.503, 17.38.510, 17.38.511, 17.38.512, 17.38.513, 17.50.402, 17.50.403, 17.50.410, 17.50.1307, and 17.56.607 and the repeal of ARM 17.4.102, 17.50.101, 17.50.102, 17.50.103, 17.50.104, 17.50.105, 17.50.110, 17.50.111, 17.50.112, 17.50.113, 17.50.118, and 17.50.119 pertaining to transfer of rulemaking authority from the Board of Environmental Review to the Department of Environmental Quality

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NOTICE OF PROPOSED AMENDMENT AND REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On February 9, 2024, the Department of Environmental Quality (department) proposes to amend and repeal the above-stated rules. The department will be submitting a total of four notices for this rulemaking under MAR Notice No. 17-432. This first notice is Notice No. 17-432A, to be followed by Notice Nos. 17-432B, 17-432C, and 17-432D.

 

2. The Department of Environmental Quality 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 Department of Environmental Quality no later than 5:00 p.m. on, November 27, 2023, to advise us of the nature of the accommodation that you need. Please contact the Department of Environmental Quality at P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-1388; fax (406) 444-4386; or e-mail DEQMAR17-432rulemaking@mt.gov.

 

3. General Reason Statement: During the 2021 legislative session, the legislature passed Senate Bill 233. Senate Bill 233 reassigned and transferred the rulemaking duties and powers of the Board of Environmental Review to the department. In addition, Senate Bill 233 repealed 75-6-103, 75-10-106, 82-4-111, and 82-4-204, MCA. Through this rulemaking the department will be implementing the 2021 changes to rulemaking authority by striking "board" and changing it to "department." The department will also update the citations to the MCA sections that have been repealed by Senate Bill 233.  The department is making these changes to implement the 2021 statutes and to clarify the change of authority to make it easier for the general public and the regulated community to determine the appropriate process and entity for future rulemakings.

 

4. The department proposes to amend the following rules, new matter underlined, deleted matter interlined. Please refer to the General Reason Statement above.

 

17.4.101 MODEL RULES (1)  The Department of Environmental Quality and the Board of Environmental Review adopts and incorporates the Attorney General's Organizational and Procedural Rules, ARM 1.3.201, 1.3.202, 1.3.211 through 1.3.224, and 1.3.226 through 1.3.233, effective August 15, 2008, and the Secretary of State's Organizational and Procedural Rules, ARM 1.3.101, 1.3.102, 1.3.301, 1.3.302, 1.3.304, 1.3.305, 1.3.307through 1.3.309, 1.3.311 through 1.3.313, and 44.17.101, effective August 1, 2008, including the sample forms which follow the Attorney General's model rules, except as modified by (2) and (3), as authorized by 2-4-302, MCA.

(2)  The incorporation of ARM 1.3.309is modified by the addition of the rules in subchapter 2 of this chapter which incorporate requirements of statutes administered by the department and board.

(3) and (4) remain the same.

 

AUTH: 2-4-201, 2-4-202, MCA

IMP: 2-4-201, MCA

 

17.4.301 PURPOSE (1) through (3) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-503, 75-5-201, 75-6-103, 75-6-104, 75-10-204, 75-10-405, 75-10-503, 75-10-1202, 75-11-204, 75-11-505, 75-20-105, 76-4-104, 82-4-111, 82-4-112, 82-4-204, 82-4-205, 82-4-321, 82-4-422, MCA

IMP: 75-1-1001, 82-4-1001, MCA

 

17.4.302 DEFINITIONS The following definitions apply throughout this chapter:

(1) through (6) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-503, 75-5-201, 75-6-103, 75-6-104, 75-10-204, 75-10-405, 75-10-503, 75-10-1202, 75-11-204, 75-11-505, 75-20-105, 76-4-104, 82-4-111, 82-4-112, 82-4-204, 82-4-205, 82-4-321, 82-4-422, MCA

IMP: 75-1-1001, 82-4-1001, MCA

 

17.4.303 BASE PENALTY (1) through (5) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-503, 75-5-201, 75-6-103, 75-6-104, 75-10-204, 75-10-405, 75-10-503, 75-10-1202, 75-11-204, 75-11-505, 75-20-105, 76-4-104, 82-4-111, 82-4-112, 82-4-204, 82-4-205, 82-4-321, 82-4-422, MCA

IMP: 75-1-1001, 82-4-1001, MCA

 

17.4.304 ADJUSTED BASE PENALTY - CIRCUMSTANCES, GOOD FAITH AND COOPERATION, AMOUNTS VOLUNTARILY EXPENDED (1) through (4) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-503, 75-5-201, 75-6-103, 75-6-104, 75-10-204, 75-10-405, 75-10-503, 75-10-1202, 75-11-204, 75-11-505, 75-20-105, 76-4-104, 82-4-111, 82-4-112, 82-4-204, 82-4-205, 82-4-321, 82-4-422, MCA

IMP: 75-1-1001, 82-4-1001, MCA

 

17.4.305 TOTAL ADJUSTED PENALTY – DAYS OF VIOLATION 

(1) and (2) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-503, 75-5-201, 75-6-103, 75-6-104, 75-10-204, 75-10-405, 75-10-503, 75-10-1202, 75-11-204, 75-11-505, 75-20-105, 76-4-104, 82-4-111, 82-4-112, 82-4-204, 82-4-205, 82-4-321, 82-4-422, MCA

IMP: 75-1-1001, 82-4-1001, MCA

 

17.4.306 TOTAL PENALTY – HISTORY OF VIOLATION (1) through (6) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-503, 75-5-201, 75-6-103, 75-6-104, 75-10-204, 75-10-405, 75-10-503, 75-10-1202, 75-11-204, 75-11-505, 75-20-105, 76-4-104, 82-4-111, 82-4-112, 82-4-204, 82-4-205, 82-4-321, 82-4-422, MCA

IMP: 75-1-1001, 82-4-1001, MCA

 

17.4.307 ECONOMIC BENEFIT  (1) remains the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-503, 75-5-201, 75-6-103, 75-6-104, 75-10-204, 75-10-405, 75-10-503, 75-10-1202, 75-11-204, 75-11-505, 75-20-105, 76-4-104, 82-4-111, 82-4-112, 82-4-204, 82-4-205, 82-4-321, 82-4-422, MCA

IMP: 75-1-1001, 82-4-1001, MCA

 

17.4.308 OTHER MATTERS AS JUSTICE MAY REQUIRE (1) remains the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-503, 75-5-201, 75-6-103, 75-6-104, 75-10-204, 75-10-405, 75-10-503, 75-10-1202, 75-11-204, 75-11-505, 75-20-105, 76-4-104, 82-4-111, 82-4-112, 82-4-204, 82-4-205, 82-4-321, 82-4-422, MCA

IMP: 75-1-1001, 82-4-1001, MCA

 

17.4.801 APPLICABILITY (1) The rules in this subchapter apply to a person who submits electronic documents to the department, or to the U.S. Environmental Protection Agency (EPA), pursuant to a specific rule of the board or department or pursuant to a department permit or license condition that allows submission of electronic documents in lieu of paper documents and that requires conformance with this subchapter.

(2) remains the same.

 

AUTH: 30-18-118, MCA

IMP: 30-18-117, MCA

 

17.4.803 USE OF ELECTRONIC RECORD RECEIVING SYSTEM (1)  If the board or department has adopted a rule, or, if the department has issued a permit or license that includes a provision or condition allowing submission of an electronic record pursuant to this subchapter in lieu of submission of a paper document, a person who submits an electronic record pursuant to the rule, permit, or license shall submit the record to the department's electronic record receiving system that is appropriate for the particular record, or an authorized EPA electronic record receiving system, such as EPA's NetDMR system, that meets the requirements of 40 CFR Part 3, EPA's Cross-Media Electronic Reporting Regulation, and that is appropriate for the particular record

(2) and (3) remain the same.

 

AUTH: 30-18-118, MCA

IMP: 30-18-117, MCA

 

17.4.804 ELECTRONIC SUBSCRIBER AGREEMENT   (1) Before submitting an electronic record pursuant to a specific rule of the board or department or a department permit or license condition that allows submission of electronic records in lieu of paper documents and that requires conformance with this subchapter, a person shall first execute a written electronic subscriber agreement on a form provided by the department and submit the original signed paper agreement by U.S. Mail or hand delivery to the department staff member designated in the rule, permit, or license.

(2) and (3) remain the same.

 

AUTH: 30-18-118, MCA

IMP: 30-18-117, MCA

 

17.8.102 INCORPORATION BY REFERENCE – PUBLICATION DATES AND AVAILABLITY OF REFERENCE DOCUMENTS (1) Unless expressly provided otherwise in this chapter, where the board department has:

(a) through (4) remain the same.

 

AUTH: 75-2-111, 75-2-112, MCA

IMP: Title 75, chapter 2, MCA

 

17.8.103 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the board department adopts and incorporates by reference the following:

(a) through (2) remain the same.

 

AUTH: 75-2-111, 75-2-112, MCA

IMP: Title 75, chapter 2, MCA

 

17.8.120 VARIANCE PROCEDURES--INITIAL APPLICATION (1) Initial application for exemption may be in the form of a letter, and must be submitted to the board department with copies sent to the department and the parties.  The application must contain or be accompanied by information and data to show that:

(a) through (3) remain the same.

(4) Hearings held pursuant to this subchapter are for the purpose of determining whether the application for exemption should be granted.  In making its determination, the board department shall resolve issues raised by parties, and shall consider comments submitted by the general public.

(a) Members of the general public may submit comments concerning the application for exemption.  Comments must be submitted in writing to the board department within 20 days after date of publication of public notice pursuant to (3) of this rule.  If written comments are timely filed, a commenter may orally present those comments to the board department at the hearing.

(b) Any person may submit a request to be a party within 20 days after date of publication of public notice pursuant to (3) of this rule.  Requests to be a party under this section shall be directed to the board department and shall state:

(i) through (c) remain the same.

(d) MAPA contested case procedures do not apply to that portion of the hearing conducted for the purpose of receiving comments from the general public. The board department may use such public comment procedures as it finds are appropriate under the circumstances of a particular case. 

 

AUTH: 75-2-111, 75-2-112, MCA

IMP: 75-2-212, MCA

 

17.8.121 VARIANCE PROCEDURES--RENEWAL APPLICATION 

(1) remains the same.

(2) Public notice of the renewal application shall be given at the applicant's expense immediately prior to the submission of the application, in the following manner:

(a) remains the same.

(b) The notice shall state, in effect, that application is being made to the board department to renew an exemption permit to allow the continued operation of equipment or plant at a specified address, which equipment or plant emits air contaminants not otherwise allowed by rules of the department.  The notice shall also state the name and business address of the applicant.

(c) and (3) remain the same

 

AUTH: 75-2-111, 75-2-112, MCA 

IMP: 75-2-212, MCA

 

17.8.221 AMBIENT AIR QUALITY STANDARD FOR VISIBILITY  (1) remains the same.

(2) The provisions of (1) are applicable only in Class I areas as are designated under the Montana Clean Air Act rules, Prevention of Significant Deterioration of Air Quality, (ARM Title 17, chapter 8, subchapter 8) on the effective date of this rule.  Areas redesignated Class I subsequent to the effective date of this rule shall be subject to the provisions of (1) only upon a finding by the board department that visibility is an important attribute of such area.

(3) remains the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-202, MCA

IMP: 75-2-202, MCA

 

17.8.302 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the board department adopts and incorporates by reference the following:

(a) through (2) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-203, MCA

IMP: 75-2-203, MCA

 

17.8.333 EMISSION STANDARDS FOR EXISTING ALUMINUM PLANTS – MONITORING AND REPORTING (1) For the purpose of this rule the board department hereby adopts and incorporates by reference 40 CFR 60.195update which sets forth test methods and procedures for primary aluminum reduction plants.  A copy of this incorporated material may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901.

(2) through (4) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-203, MCA

IMP: 75-2-203, MCA

 

17.8.602 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the board department adopts and incorporates by reference ARM Title 17, chapter 53, subchapter 5, identifying and defining hazardous wastes.

(2) remains the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-203, MCA

IMP: 75-2-203, MCA

 

17.8.760 ADDITIONAL REVIEW OF PERMIT APPLICATIONS (1) When an application for a Montana air quality permit requires an environmental impact statement under the Montana Environmental Policy Act, 75-1-101 , et seq., MCA, the procedures for public review are those required by the Montana Environmental Policy Act and the rules adopted by the board and department to implement the Act, ARM Title 17, chapter 4, subchapter 6, and ARM 17.4.701 through 17.4.703

 

AUTH: 75-2-111, 75-2-112, 75-2-204, 75-20-216, MCA

IMP:  75-2-211, 75-20-216, MCA

 

17.8.764 ADMINISTRATIVE AMENDMENT TO PERMIT (1) The department may amend a Montana air quality permit, or any portion of a permit, for the following reasons:

(a) changes in any applicable rules adopted by the board department;

(b) through (4) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-204, MCA

IMP: 75-2-211, MCA

 

17.8.767 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the board department adopts and incorporates by reference:

(a) through (2) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-204, MCA

IMP: 75-2-211, 75-2-215, MCA

 

17.8.902 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the board department adopts and incorporates by reference the following:

(a) through (2) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-203, MCA

IMP: 75-2-202, 75-2-203, 75-2-204, MCA

 

17.8.1002 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the board department adopts and incorporates by reference the following:

(a) through (2) remain the same.

 

AUTH: 75-2-111, 75-2-112, 75-2-203, MCA

IMP: 75-2-202, 75-2-203, 75-2-204, MCA

 

17.8.1102 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the board department adopts and incorporates by reference the following:

(a) through (2) remain the same.

 

AUTH: 75-2-111, 75-2-112, MCA

IMP: Title 75, chapter 2, MCA

 

17.8.1201 DEFINITIONS In this subchapter, unless indicated otherwise, the following definitions apply:

(1) through (22) remain the same.

(23) "Major source" means any stationary source (or any group of stationary sources that are located on one or more contiguous or adjacent properties, and are under common control of the same person (or persons under common control)) belonging to a single major industrial grouping and that are described in (23)(a) through (c).  For the purposes of defining "major source," a stationary source or group of stationary sources shall be considered part of a single industrial grouping if all of the pollutant emitting activities at such source or group of sources on contiguous or adjacent properties belong to the same major group (i.e., all have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

(a) A major source under section 112 of the FCAA, which is defined as:

(i) for pollutants other than radionuclides, any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, in the aggregate, ten tons per year or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the FCAA, 25 tons per year or more of any combination of such hazardous air pollutants, or such lesser quantity as the board department may establish by rule.  Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station are not aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or

(ii) through (33) remain the same.

 

AUTH: 75-2-217, MCA

IMP: 75-2-217, 75-2-218, MCA

 

17.8.1202 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the board department adopts and incorporates by reference the following:

(a) through (2) remain the same.

 

AUTH: 75-2-217, MCA

IMP: 75-2-217, 75-2-218, MCA

 

17.8.1222 GENERAL AIR QUALITY OPERATING PERMITS (1) remains the same.

(2) The department may provide for a general permit based upon its own initiative or the application of a source within the source category.  The department shall provide a notice and opportunity for public participation, consistent with ARM 17.8.1232.  Such procedures may be combined with the rulemaking process before the board department required for the adoption and incorporation by reference of a general permit.

(3) through (5) remain the same.

(6) After a general permit has been proposed by the department and formally adopted by the board department, a source that intends to operate under the terms of the general permit must provide written notice to the department before it may qualify for the general permit, as required by ARM 17.8.1205(3)(d).  Such notification shall identify the source, provide information sufficient to demonstrate that the source falls within the source category covered by the general permit and is capable of operating in compliance with the terms and conditions of the general permit, and include any additional information that may be specified in the general permit.

(7) through (11) remain the same.

 

AUTH: 75-2-217, 75-2-218, MCA

IMP: 75-2-217, 75-2-218, MCA

 

17.8.1302 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the board department adopts and incorporates by reference 40 CFR Part 93, subpart A, which sets forth the conformity to state or federal implementation plans of transportation plans, programs, and projects developed, funded, or approved under Title 23 USC or the Federal Transit Act.

(2) remains the same.

 

AUTH: 75-2-111, 75-2-112, MCA

IMP: 75-2-202, MCA

 

17.8.1402 INCORPORATION BY REFERENCE (1) For the purposes of this subchapter, the board department adopts and incorporates by reference the following:

(a) through (2) remain the same.

 

AUTH: 75-2-111, 75-2-112, MCA

IMP: 75-2-202, MCA

 

17.8.1502 INCORPORATION BY REFERENCE (1) For purposes of this subchapter, the board department adopts and incorporates by reference the following:

(a) through (2) remain the same.

 

AUTH: 75-2-217, 75-2-218, MCA

IMP: 75-2-217, 75-2-218, MCA

 

17.20.1418 ENERGY GENERATION FACILITIES, BASELINE STUDY, GENERAL REQUIREMENTS (1) through (13) remain the same.

(14) The board department hereby adopts and incorporates by reference department Circular MFSA-1, which sets forth the baseline study requirements and impact assessment to be included in an application for a proposed energy generation and conversion facility and associated facilities. Copies may be obtained from the Department of Environmental Quality, PO Box 200901, Helena, MT 59620-0901.

 

AUTH: 75-20-105, MCA

IMP: 75-20-211, 75-20-213, MCA

 

17.38.103 PUBLIC WATER AND SEWAGE PROJECTS ELIGIBLE FOR CATEGORICAL EXCLUSION FROM MEPA REVIEW (1) through (4) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.104 SIGNIFICANT DEFICIENCY (1) through (3) remain the same.

 

AUTH: 75-6-103, 75-6-104, 75-6-112, MCA

IMP: 75-6-103, 75-6-104, 75-6-112, MCA

 

17.38.201 PURPOSE (1) remains the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.201A INCORPORATION BY REFERENCE--PUBLICATION DATES AND AVAILABILITY OF REFERENCED DOCUMENTS (1) Unless expressly provided otherwise, in this subchapter where the board department has adopted and incorporated by reference a federal regulation, the reference is to the July 1, 2015, edition of the Code of Federal Regulations (CFR).

(2) through (4) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.202 DEFINITIONS In this subchapter, the following terms have the meanings indicated below and must be used in conjunction with and supplemental to those definitions contained in 75-6-102, MCA.  In addition, the board department adopts and incorporates by reference the definitions in 40 CFR 141.2, except for the following terms: "clean compliance history," "person," "public water supply system (PWS)," "ground water under the direct influence of surface water (GWUDISW)," "special irrigation district," and "state."  The terms "person," "public water supply system," "ground water under the direct influence of surface water," and "state," as used in this subchapter and in the portions of 40 CFR Parts 141 and 142 adopted by reference in this subchapter, have the meanings defined below.

(1) through (6) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.203 MAXIMUM INORGANIC CHEMICAL CONTAMINANT LEVELS 

(1) The board department adopts and incorporates by reference:

(a) through (d) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.204 MAXIMUM ORGANIC CHEMICAL CONTAMINANT LEVELS 

(1) The board department adopts and incorporates by reference 40 CFR 141.61(a), 141.61(c), 141.64(a) and (a)(1), 141.64(b)(1)(i), and 141.64(b)(2)(i), which set forth maximum contaminant levels for synthetic organic contaminants, volatile organic contaminants, and disinfection byproducts.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.205 MAXIMUM TURBIDITY CONTAMINANT LEVELS (1) The board department adopts and incorporates by reference 40 CFR 141.13, 141.73, 141.173, 141.550, and 141.551, which set forth maximum contaminant levels for turbidity, except for the following changes:

(a) through (2) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.206 MAXIMUM RADIOLOGICAL CONTAMINANT (1) The board department adopts and incorporates by reference 40 CFR 141.66(b), (c), (d), (e), and (f), which set forth maximum contaminant levels for radiological contaminants.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.207 MAXIMUM MICROBIOLOGICAL CONTAMINANT LEVELS 

(1) The board department hereby adopts and incorporates by reference 40 CFR 141.63(a), 141.63(b), 141.63(c), and 141.63(d), which set forth maximum contaminant levels for microbiological contaminants.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.208 TREATMENT REQUIREMENTS (1) The board department adopts and incorporates by reference 40 CFR 141.70, which sets forth general surface water treatment requirements, with the following changes:

(a) through (c) remain the same.

(2) The board department adopts and incorporates by reference 40 CFR 141.71, which sets forth requirements for avoiding filtration, except for the following changes:

(a) through (d) remain the same.

(e) The board department hereby adopts and incorporates by reference 40 CFR 141.171, which sets forth requirements, in addition to the requirements in 40 CFR 141.71, for avoiding filtration.

(3) The board department adopts and incorporates by reference 40 CFR 141.72, which sets forth treatment requirements for public water suppliers that use surface water.

(4) The board department adopts and incorporates by reference the following:

(a) through (w) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.210 CONSECUTIVE SYSTEM COVERAGE (1) through (4) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.211 GROUND WATER RULE (1) The board department adopts and incorporates by reference 40 CFR Part 141, subpart S, except for 40 CFR 141.402(a)(2)(iv), which sets forth the requirements to ensure that systems using ground water sources are adequately protected.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.212 INITIAL DISTRIBUTION SYSTEM EVALUATIONS (1) The board department adopts and incorporates by reference 40 CFR Part 141, subpart U, which sets forth the requirements for determining monitoring locations and other requirements for subpart V compliance monitoring.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.213 STAGE 2 DISINFECTION BYPRODUCTS REQUIREMENTS 

(1) The board department adopts and incorporates by reference 40 CFR Part 141, subpart V, which sets forth the requirements for monitoring and other requirements for achieving compliance with maximum contaminant levels based on running annual averages for disinfection byproducts.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.214 ENHANCED TREATMENT FOR CRYPTOSPORIDIUM (1) The board department adopts and incorporates by reference 40 CFR Part 141, subpart W, which establishes or extends treatment technique requirements in lieu of maximum contaminant levels for cryptosporidium.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.215 BACTERIOLOGICAL QUALITY SAMPLES (1) remains the same.

(2) The board department adopts and incorporates by reference the table in 40 CFR 141.857(b), which sets forth total coliform monitoring frequency requirements for all public water supply systems serving more than 1,000 people.

(a) through (4) remain the same.

(5) The board department adopts and incorporates by reference the following, which set forth requirements for the revised total coliform rule (RTCR):

(a) through (8) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.216 CHEMICAL AND RADIOLOGICAL QUALITY SAMPLES 

(1) and (2) remain the same.

(3) The board department adopts and incorporates by reference the following monitoring and analytical requirements:

(a) through (5) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.217 SAMPLING AND REPORTING RESPONSIBILITY (1) remains the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.219 SPECIAL SAMPLES (1) remains the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.225 CONTROL TESTS (1) through (6) remain the same.

(7) The board department adopts and incorporates by reference the following:

(a) through (8) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.227 SPECIAL CONTROL TESTS A special test may be required for a public water supply system exceeding the following amounts:

Constituent               Maximum Amount

(1) through (5) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.229 MICROBIAL TREATMENT (1) through (4) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.230 FLUORIDATION (1) and (2) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.231 SANITARY SURVEYS (1) and (2) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.234 TESTING AND SAMPLING RECORDS AND REPORTING REQUIREMENTS (1) through (6) remain the same.

(7) The board department adopts and incorporates by reference the following:

(a) through (10) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.239 PUBLIC NOTIFICATION FOR COMMUNITY AND NONCOMMUNITY SUPPLIES (1) The board department adopts and incorporates by reference 40 CFR Part 141, subpart Q, which sets forth public notification requirements for drinking water violations.

(2) The board department adopts and incorporates by reference 40 CFR Part 141, Subpart O, which sets forth requirements for consumer confidence reports.

(3) The board department adopts and incorporates by reference 40 CFR Part 141.85update, which sets forth the public education and supplemental monitoring requirements for exceedances of the lead action level.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.244 VARIANCES AND EXEMPTIONS (1) The board department hereby adopts and incorporates by reference the following:

(a) through (e) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, 75-6-107, MCA

 

17.38.248 SERVICE CONNECTION FEES (1) through (9) remain the same.

(10) The board shall review the public water supply program, including the service connection fee amounts imposed by this rule, on or before December 26 of each year.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-104, 75-6-108, MCA

 

REASON: Along with the General Reason Statement above, the department is striking (10) because the repeal of 75-6-103, MCA, removed the board's general supervisory authority of public water supply systems.

 

17.38.249 CERTIFIED OPERATOR AND DESIGNATED CONTACT PERSON (1) through (5) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.261 APPLICATION FOR VARIANCE OR EXEMPTION (1) remains the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, 75-6-107, MCA

 

17.38.262 GRANT OF A VARIANCE OR EXEMPTION (1) remains the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, 75-6-107, MCA

 

17.38.263 DENIAL OF A VARIANCE OR EXEMPTION (1) remains the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, 75-6-107, MCA

 

17.38.264 APPEAL OF A VARIANCE OR EXEMPTION TO THE BOARD 

(1) and (2) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, 75-6-107, MCA

 

17.38.265 EFFECTIVE DATE OF VARIANCE OR EXEMPTION (1) remains the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, 75-6-107, MCA

 

17.38.271 DEPARTMENT RECORDKEEPING (1) through (3) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.301 DEFINITIONS  For the purposes of this subchapter, unless the context requires otherwise, the following definitions, in addition to those in 75-6-102, MCA, apply:

(1) through (11) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.302 INCORPORATION BY REFERENCE (1) The board department adopts and incorporates by reference the "Manual of Cross-Connection Control" (10th edition), published by the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California (October 2009).  This publication sets forth standards for cross-connections to public water supply systems.  Copies of this publication may be obtained by contacting the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California, Kaperielian Hall 200, Los Angeles, CA 90089-2531 or at http://www.usc.edu/dept/fccchr/ https://fccchr.usc.edu.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.305 CROSS-CONNECTIONS:  REGULATORY REQUIREMENTS 

(1) through (6) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.310 VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS:  APPLICATION REQUIREMENTS (1) and (2) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.311 VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS:  PROCEDURE FOR REVIEW OF APPLICATIONS (1) through (3) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.312 VOLUNTARY CROSS-CONNECTION CONTROL PROGRAMS:  STANDARDS AND REQUIREMENTS FOR CROSS-CONNECTION CONTROL 

(1) and (2) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.501 PURPOSE (1) remains the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.502 DEFINITIONS (1) and (2) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.503 EQUIPMENT, SPECIFICATIONS, AND OPERATION (1) through (9) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.510 SANITIZING EQUIPMENT (1) through (3) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.511 WATER SUPPLY (1) through (3) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.512 FILLING POINTS (1) and (2) remain the same.

 

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.38.513 CHEMICAL TREATMENT OF WATER (1) through (3) remain the same.

AUTH: 75-6-103, 75-6-104, MCA

IMP: 75-6-103, 75-6-104, MCA

 

17.50.402 AUTHORITY (1) Authority for rules promulgated in this subchapter is provided for in 75-10-104, 75-10-105, 75-10-115, and 75-10-221, MCA, under which the board department may establish and the department may collect fees for the management and regulation of solid waste disposal.  These fees may include:

(a) through (c) remain the same.

 

AUTH: 75-10-115, 75-10-204, 75-10-221, MCA

IMP: 75-10-115, 75-10-204, 75-10-221, MCA

 

17.50.403 DEFINITIONS Unless the context requires otherwise, in this subchapter the following definitions apply:

(1) and (2) remain the same.

(3) "Board" means the Board of Environmental Review provided for in 2-15-3502, MCA.

(4) through (61) remain the same, but are renumbered (3) through (60).

 

AUTH: 75-10-106, 75-10-104, 75-10-115, 75-10-204, 75-10-221, MCA

IMP: 75-10-115, 75-10-221, MCA

 

17.50.410 ANNUAL OPERATING LICENSE REQUIRED (1) through (7) remain the same.

 

AUTH: 75-10-106, 75-10-104, 75-10-115, 75-10-204, 75-10-221, MCA

IMP: 75-10-115, 75-10-204, 75-10-221, MCA

 

17.50.1307 ASSESSMENT MONITORING PROGRAM (1) through (8) remain the same.

(9) If the department believes a standard is needed for a constituent or parameter in the alternative list in ARM 17.50.1306(3) for which an MCL or ground water quality standard has not been established by Montana law or rule, the department shall propose to the Board of Environmental Review established in 2-15-3502, MCA, the adoption of a ground water quality standard for that constituent or parameter.  The ground water quality standard proposed must be health-based and set at an appropriate level that satisfies the following criteria:

(a) through (10) remain the same.

 

AUTH: 75-10-204, MCA

IMP: 75-10-204, 75-10-207, MCA

 

17.56.607 RELEASE CATEGORIZATION (1) through (9) remain the same.

(10) The department may categorize a release as resolved with a petroleum mixing zone and send a letter to the owner or operator in accordance with (11), if the department has determined that conditions at the site ensure present and long-term protection of human health, safety, and the environment and that residual petroleum in soil and ground water will continue to be remediated through natural attenuation processes without additional intervention, active cleanup, or monitoring.  The following requirements must also be met before a release may be categorized as resolved with a petroleum mixing zone:

(a) through (h) remain the same.

(i) at the downgradient boundary of a petroleum mixing zone, the concentration of any petroleum constituent does not exceed a water quality standard adopted by the Board of Environmental Review pursuant to 75-5-301, MCA.  The downgradient boundary of a petroleum mixing zone must be determined by documented investigations conducted in accordance with ARM 17.56.604;

(j) through (12) remain the same.

 

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

IMP: 75-11-309, 75-11-505, MCA

 

5. The department proposes to repeal the following rules. Please refer to the General Reason Statement above.

 

17.4.102  PROCEDURES FOR COMPLIANCE WITH MEPA

 

AUTH: 2-4-201, 75-1-202, MCA

IMP: 75-1-201, 75-1-202, 75-1-203, 75-1-204, 75-1-205, MCA

 

17.50.101 DEFINITIONS

 

AUTH: 75-10-106, MCA

IMP: 75-10-106, MCA

 

17.50.102 PRE-APPLICATION CONFERENCE

 

AUTH: 75-10-106, MCA

IMP: 75-10-106, MCA

 

17.50.103 GENERAL APPLICATION REQUIREMENTS

 

AUTH: 75-10-106, MCA

IMP: 75-10-106, MCA

 

17.50.104 FRONT-END PLANNING FUNDS – GRANT APPLICATION AND CRITERIA FOR REVIEW

 

AUTH: 75-10-106, MCA

IMP: 75-10-106, MCA

 

17.50.105 FRONT-END IMPLEMENTATION FUNDS – GRANT APPLICATION

 

AUTH: 75-10-106, MCA

IMP: 75-10-106, MCA

 

17.50.110 LOAN – ELIGIBILITY REQUIREMENTS

 

AUTH: 75-10-106, MCA

IMP: 75-10-106, MCA

 

17.50.111 LOAN APPLICATION

 

AUTH: 75-10-106, MCA

IMP: 75-10-106, MCA

 

17.50.112 ORDER OF FUNDING LOANS

 

AUTH: 75-10-106, MCA

IMP: 75-10-106, MCA

 

17.50.113 ORDER OF FUNDING GRANTS

 

AUTH: 75-10-106, MCA

IMP: 75-10-106, MCA

 

17.50.118 DEPARTMENT APPROVAL OF PROJECT CHANGES

 

AUTH: 75-10-106, MCA

IMP: 75-10-106, MCA

 

17.50.119 NONCOMPLIANCE

 

AUTH: 75-10-106, MCA

IMP: 75-10-106, MCA

 

6. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to the department, at 1520 E. Sixth Avenue, P.O. Box 200901, Helena, Montana 59620-0901; telephone (406) 444-1388; fax (406) 444-4386; or e-mail DEQMAR17-432rulemaking@mt.gov, and must be received no later than 11:59 p.m., December 1, 2023.

 

7. If persons who are directly affected by the proposed actions wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the department at the above address no later than 5:00 p.m., November 23, 2023.

 

8. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 259 persons based on the interested parties list of 2,591 individuals.

 

9. 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, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. 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 the contact person in paragraph 6 or may be made by completing a request form at any rules hearing held by the department.

 

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

 

11. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by mail on July 5, 2023.

 

12. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

 

/s/ Angela Colamaria                                 /s/ Christopher Dorrington            

ANGELA COLAMARIA                             CHRISTOPHER DORRINGTON

Rule Reviewer                                           Director

                                                                   Department of Environment Quality

           

Certified to the Secretary of State September 12, 2023.