Montana Administrative Code

17.56.310 CONDITIONAL, ONE-TIME FILL AND EMERGENCY OPERATING PERMITS For an underground storage tank system installed after December 31, 2001, the department shall issue a conditional operating permit upon the submission of all documentation required by ARM 17.56.1305, related to…

17.56.311 PERMANENT NONEXPIRING TAG For purposes of this rule, "permanent nonexpiring tag" means a tank tag issued by the department for an underground storage tank system for identification and recordkeeping purposes. After September 1, 2011, the department shall issue a permane…

17.56.312 DELIVERY PROHIBITION For purposes of meeting the delivery prohibition requirements of The Energy Policy Act of 2005, whenever the department finds that there has been significant noncompliance with Title 75, chapter 11, part 5, MCA, or with rules, permits, or orders iss…

17.56.401 GENERAL REQUIREMENTS FOR ALL UST SYSTEMS Owners and operators of new and existing UST systems shall provide a method, or combination of methods, of release detection that: can detect a release from any portion of the tank and the connected underground piping that routin…

17.56.402 REQUIREMENTS FOR PETROLEUM UST SYSTEMS Except as provided in (3), owners and operators of petroleum UST systems shall provide release detection for tanks and piping as follows: tanks must be monitored at least every 30 days for releases using one of the methods listed i…

17.56.403 REQUIREMENTS FOR HAZARDOUS SUBSTANCE UST SYSTEMS For hazardous substance UST systems installed after October 13, 2018, owners and operators shall provide containment that meets the following requirements and monitor these systems pursuant to ARM 17.56.407(1)(g) at least…

17.56.407 METHODS OF RELEASE DETECTION FOR TANKS Each method of release detection for tanks used to meet the requirements of ARM 17.56.402 must be conducted in accordance with the following: product inventory control (or another test of equivalent performance) must be conducted m…

17.56.408 METHODS OF RELEASE DETECTION FOR PIPING Each method of release detection for piping used to meet the requirements of ARM 17.56.402 must be conducted in accordance with the following: automatic line leak detectors, which include methods that alert the operator to the pre…

17.56.409 RELEASE DETECTION RECORDKEEPING All UST system owners and operators shall maintain records in accordance with ARM 17.56.305 demonstrating compliance with all applicable requirements of this subchapter. These records must include the following: all written performance cl…

17.56.501 GENERAL Except as otherwise provided in this subchapter, owners and operators of UST systems must comply with the requirements of this subchapter. Owners and operators of PSTs seeking reimbursement from the Montana Petroleum Tank Release Cleanup Fund must comply with th…

17.56.502 REPORTING OF SUSPECTED RELEASES Owners and operators, any person who installs or removes an UST, or who performs subsurface investigations for the presence of regulated substances, and any person who performs a tank tightness or line tightness test pursuant to ARM 17.56…

17.56.503 INVESTIGATION DUE TO OFF-SITE IMPACTS When required by the department based upon a suspected release, an owner and operator must follow the procedures in ARM 17.56.504 to determine if the system is the source of off-site impacts. These impacts include the discovery of r…

17.56.504 RELEASE INVESTIGATION AND CONFIRMATION STEPS Unless corrective action is initiated in accordance with ARM Title 17, chapter 56, subchapter 6, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting…

17.56.505 REPORTING AND CLEANUP OF SPILLS AND OVERFILLS Owners and operators must contain and immediately clean up a spill or overfill, immediately report the spill or overfill to the department pursuant to (3) or by another method that ensures that a person within the department…

17.56.506 REPORTING OF CONFIRMED RELEASES Upon confirmation of a release in accordance with ARM 17.56.504, or after a release from the PST or UST system is identified in any other manner, owners and operators, any person who installs or removes an UST, or who performs subsurface …

17.56.507 ADOPTION BY REFERENCE For purposes of this subchapter, the department adopts and incorporates by reference: Department Circular DEQ-7, "Montana Numeric Water Quality Standards" (June 2019 edition); Montana Risk-Based Corrective Action Guidance for Petroleum Releases (RB…

17.56.508 NUMBERING PETROLEUM RELEASES The department shall assign each confirmed petroleum release from a petroleum storage tank a unique identification number. Except as provided in (2), from the date of discovery of a confirmed release of petroleum from a petroleum storage tan…

17.56.601 GENERAL Except as otherwise provided in this rule, owners and operators of UST systems must, in response to a confirmed release from a tank or system, comply with the requirements of this subchapter. Owners or operators of PSTs seeking reimbursement from the Montana pet…

17.56.602 INITIAL RESPONSE AND ABATEMENT MEASURES Upon confirmation of a release in accordance with ARM 17.56.504 or after a release from the PST or UST system is identified in any other manner, owners and operators must: perform the following initial response actions: report the…

17.56.603 INITIAL SITE HISTORY Unless directed to do otherwise by the department, owners and operators must assemble and provide to the department information about a site where a release has been confirmed which must include, but is not necessarily limited to the following: A le…

17.56.604 REMEDIAL INVESTIGATION In order to determine the full extent and location of soils contaminated by the release and the presence and concentrations of free and dissolved product contamination in the surface water and in ground water, owners and operators must conduct a r…

17.56.605 CLEANUP PLAN At any time after reviewing the information submitted pursuant to ARM 17.56.602, 17.56.603, and/or 17.56.604, the department may require owners and operators to submit additional information or to develop and submit a cleanup plan for responding to contamin…

17.56.606 PUBLIC PARTICIPATION For each confirmed release that requires a cleanup plan under ARM 17.56.605, the department must provide notice to the public by means designed to reach those members of the public directly affected by the release and the planned cleanup activities.…

17.56.607 RELEASE CATEGORIZATION The department shall categorize all releases from USTs and PSTs regulated under this chapter as active, transferred, resolved, ground water management, or resolved with a petroleum mixing zone releases. Releases that do not meet the criteria set f…

17.56.608 ADOPTION BY REFERENCE For purposes of this subchapter, the department adopts and incorporates by reference: Department Circular DEQ-7, "Montana Numeric Water Quality Standards" (June 2019 edition); Drinking Water Maximum Contaminant Levels, published at 40 CFR141.11, 40…

17.56.701 INACTIVE AND OUT-OF-SERVICE UST SYSTEMS An UST system is inactive when the owner or operator notifies the department that the UST is no longer in use for dispensing, depositing, or storing regulated substances or the department determines inactive status based on availa…

17.56.702 PERMANENT CLOSURE AND CHANGES IN SERVICE At least 30 days before beginning either permanent closure or a change in service under (2) and (3), the owner or operator shall notify the department of their intent to permanently close or make the change in service, unless suc…

17.56.703 ASSESSING THE SITE AT CLOSURE OR CHANGE IN SERVICE Before permanent closure or a change in service is completed, the owner or operator shall measure for the presence of a release where contamination is most likely to be present at the UST site. When measuring for the pr…

17.56.704 APPLICABILITY TO PREVIOUSLY CLOSED UST SYSTEMS When directed by the department, the owner or operator of a permanently closed UST system shall access the excavation zone and close the UST system in accordance with this subchapter if releases from the UST may, in the jud…

17.56.705 CLOSURE RECORDS The owner or operator shall maintain records in accordance with ARM 17.56.305 that are capable of demonstrating compliance with closure requirements under this subchapter. Results of the excavation zone assessment required in ARM 17.56.703 must be mainta…

17.56.706 REQUIREMENT TO EMPTY NONCOMPLIANT USTS The department may require an owner or operator to immediately empty an UST system upon a finding that the UST system is not in compliance with any of the requirements in ARM Title 17, chapter 56, subchapters 2, 3, 4 or 7 and that …

17.56.801 APPLICABILITY This subchapter applies to owners and operators of all petroleum underground storage tank (UST) systems except as otherwise provided in ARM 17.56.102 and in this rule. Owners and operators of petroleum UST systems are subject to these requirements establis…

17.56.802 COMPLIANCE DATES Owners of petroleum underground storage tanks must comply with the requirements of this subchapter. Previously deferred UST systems must comply with the schedule according to ARM 17.56.1601(1)(a). Authorizing statute(s): 75-11-505, MCA Implementing stat…

17.56.803 DEFINITION OF TERMS For the purposes of this subchapter, the following terms have the meanings given in this rule: "Accidental release" means any sudden or nonsudden release of petroleum arising from an operating underground storage tank that results in a need for corre…

17.56.804 INCORPORATION BY REFERENCE For the purposes of this subchapter, the department adopts and incorporates by reference the following provisions contained within the final rules published in the Federal Register at 40 CFR Parts 280 and 281 on July 15, 2015: Code of Federal …

17.56.805 AMOUNT AND SCOPE OF REQUIRED FINANCIAL RESPONSIBILITY Owners or operators of petroleum underground storage tanks must demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by acc…

17.56.806 ALLOWABLE MECHANISMS AND COMBINATIONS OF MECHANISMS Subject to the limitations of (2), an owner or operator may use any one or combination of the mechanisms listed in ARM 17.56.807 through 17.56.811 , 17.56.815 through 17.56.817, and 17.56.820 to demonstrate financial r…

17.56.807 FINANCIAL TEST OF SELF-INSURANCE An owner or operator, and/or guarantor, may satisfy the requirements of ARM 17.56.805 by passing a financial test as specified in this rule. To pass the financial test of self-insurance, the owner or operator, and/or guarantor must meet …

17.56.808 GUARANTEE An owner or operator may satisfy the requirements of ARM 17.56.805 by obtaining a guarantee that conforms to the requirements of this section. The guarantor must be: a firm that: possesses a controlling interest in the owner or operator; possesses a controllin…

17.56.809 INSURANCE AND RISK RETENTION GROUP COVERAGE An owner or operator may satisfy the requirements of ARM 17.56.805 by obtaining liability insurance that conforms to the requirements of this rule from a qualified insurer or risk retention group. Such insurance may be in the …

17.56.810 SURETY BOND An owner or operator may satisfy the requirements of ARM 17.56.805 by obtaining a surety bond that conforms to the requirements of this section. The surety company issuing the bond must be among those listed as acceptable sureties on federal bonds in the lat…

17.56.811 LETTER OF CREDIT An owner or operator may satisfy the requirements of ARM 17.56.805 by obtaining an irrevocable standby letter of credit that conforms to the requirements of this rule. The issuing institution must be an entity that has the authority to issue letters of …

17.56.815 MONTANA PETROLEUM TANK RELEASE CLEANUP FUND An owner or operator may satisfy any part of the applicable requirements of ARM 17.56.805 for underground storage tanks located in Montana by use of the petroleum tank release cleanup fund created by 75-11-313.htm" target="MCA…

17.56.816 TRUST FUND An owner or operator may satisfy the requirements of ARM 17.56.805 by establishing a trust fund that conforms to the requirements of this rule. The trustee must be an entity that has the authority to act as a trustee and whose trust operations are regulated a…

17.56.817 STANDBY TRUST FUND An owner or operator using any one of the mechanisms authorized by ARM 17.56.808, 17.56.810, or 17.56.811 must establish a standby trust fund when the mechanism is acquired. The trustee of the standby trust fund must be an entity that has the authorit…

17.56.820 SUBSTITUTION OF FINANCIAL ASSURANCE MECHANISMS BY OWNER OR OPERATOR An owner or operator may substitute any alternate financial assurance mechanisms as specified in this subchapter, provided that at all times he maintains an effective financial assurance mechanism or co…

17.56.821 CANCELLATION OR NONRENEWAL BY A PROVIDER OF FINANCIAL ASSURANCE Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. Termination …

17.56.822 REPORTING BY OWNER OR OPERATOR An owner or operator must submit the appropriate forms listed in ARM 17.56.823 (2) documenting current evidence of financial responsibility to the director: Within 30 days after the owner or operator identifies a release from an undergroun…

17.56.823 RECORDKEEPING Owners or operators must maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this subchapter for an underground storage tank until released from the requirements of this subchapter under ARM 17.56.825 …

17.56.824 DRAWING ON FINANCIAL ASSURANCE MECHANISMS The director shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the director, up to the limit of funds provided by the financial assurance mechanism, into th…