TO: All Concerned Persons

 

1. On March 8, 2024, the Department of Environmental Quality (department) proposes to repeal the above-stated rule.

 

2. The department 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 no later than 5:00 p.m. on December 1, 2023, to advise us of the nature of the accommodation that you need. Please contact the Department of Environmental Quality, P.O. Box 200901, Helena, Montana, 59620; telephone (406) 444-1388; fax (406) 444-4386; or e-mail Loryn.Johnson2@mt.gov.

 

3. The department proposes to repeal the following rule:

 

17.55.110 THIRD-PARTY REMEDIAL ACTIONS AT ORDER SITES

 

AUTH: 75-10-702, 75-10-704, MCA

IMP: 75-10-702, 75-10-704, 75-10-706, MCA

 

REASON: The proposed repeal eliminates third party work plan requirements at Comprehensive Environmental Cleanup and Responsibility Act (CECRA) order sites following the removal of such requirements in the authorizing statute. The third party work plan requirement contained in 75-10-711(9), MCA, was removed during the 68th Legislative Session when House Bill 88 was signed into law by Governor Gianforte on April 18, 2023. Therefore, the third party work plan requirements in ARM 17.55.110 are no longer needed or permitted.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to the Department of Environmental Quality, P.O. Box 200901, Helena, Montana, 59620; telephone (406) 444-1388; fax (406) 444-4386; or e-mail Loryn.Johnson2@mt.gov, and must be received no later than 5:00 p.m. on December 8, 2023.

 

5. If persons who are directly affected by the proposed action 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. on December 8, 2023.

 

6. 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 five persons based on the number of persons on the State Superfund Stakeholders list. It is possible other entities may be directly affected by the proposed action, but it would be difficult to definitively identify them so the department has conservatively used its specific list of identified State Superfund Stakeholders.

 

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, 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 4 above or may be made by completing a request form at any rules hearing held by the department.

 

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

 

9. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by letter on August 4, 2023.

 

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

 

 

/s/  Nicholas Whitaker                                 /s/  Christopher Dorrington            

NICHOLAS WHITAKER                             CHRISTOPHER DORRINGTON

Rule Reviewer                                             Director

                                                                    Department of Environmental Quality 

 

Certified to the Secretary of State October 24, 2023.