Montana Administrative Code

17.74.359 ANNUAL ASBESTOS PROJECT PERMITS An annual asbestos project permit authorizes a facility to conduct asbestos projects within the confines of the facility's controlled area during the year for which the permit is in force. After July 1, 2020, the annual asbestos project p…

17.74.360 RECORDKEEPING Records of asbestos projects that are being, or have been, conducted must be retained by the owner or operator for at least 30 years and made available to the department upon request. Records of asbestos projects must include, but are not limited to, the f…

17.74.361 DEPARTMENT INSPECTIONS The owner of the facility where an asbestos project is being or was conducted, or a person conducting or in charge of an asbestos project shall: afford the department, at all reasonable times, the opportunity to inspect the project site; upon requ…

17.74.362 ACCREDITATION REQUIREMENTS FOR ASBESTOS-RELATED OCCUPATIONS Pursuant to 75-2-511, MCA, a person may not: engage in an asbestos-related occupation unless accredited in that occupation by the department; or contract with or employ in an asbestos-related occupation a perso…

17.74.363 RENEWAL OF ACCREDITATION A person may not engage in an asbestos-related occupation after the expiration of accreditation untilthey haverenewed their accreditation and received a copy of their Montana asbestos accreditation from the department. Accreditation for each asb…

17.74.364 TRAINING PROVIDER REQUIREMENTS Pursuant to 75-2-511, MCA, a person may not offer a training course in Montana for accreditation of persons to engage in an asbestos-related occupation in Montana unless the department has approved the course. A person offering a training …

17.74.365 TRAINING COURSE REQUIREMENTS A training course for accreditation as an asbestos worker must meet the requirements of 40 CFR 763, subpart E, Appendix C, section B.1, Workers. A training course for accreditation as an asbestoscontractor/supervisor must meet the requiremen…

17.74.366 TRAINING COURSE EXAMINATIONS The following requirements apply to asbestos-related occupation accreditation training course examinations: for asbestos worker, asbestos inspector, and asbestosmanagement planner training courses, the examination must include 50 multiple ch…

17.74.367 REFRESHER COURSES A person may not offer a refresher course for renewal of accreditation under ARM 17.74.363 unless the department has approved the course. Refresher courses must relate to aspecific asbestos-related occupation and must include review of changes in feder…

17.74.368 TRAINING COURSE AND REFRESHER COURSE CERTIFICATE AND RECORDKEEPING REQUIREMENTS A person providing a training course for accreditation in an asbestos-related occupation shall provide a certificate to all persons who successfully complete the course and the examination. …

17.74.369 TRANSPORTATION AND DISPOSAL OF ASBESTOS-CONTAINING WASTE A person may not transport asbestos-containing waste generated at a facility unless accredited by the department as an asbestosworker or asbestoscontractor/supervisor or escorted and supervised by a person who is …

17.74.370 ENCLOSURE OF ASBESTOS-CONTAINING MATERIAL (REPEALED) (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, MCA History: NEW, 2011 MAR p. 2264, Eff. 10/28/11; REP, 2024 MAR p. 723, Eff. 4/13/24.

17.74.371 ENCAPSULATION OF ASBESTOS-CONTAINING MATERIAL (REPEALED) (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, MCA History: NEW, 2011 MAR p. 2264, Eff. 10/28/11; REP, 2024 MAR p. 723, Eff. 4/13/24.

17.74.372 REPAIR OF ASBESTOS-CONTAINING MATERIAL (REPEALED) (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, MCA History: NEW, 2011 MAR p. 2264, Eff. 10/28/11; REP, 2024 MAR p. 723, Eff. 4/13/24.

17.74.401 PERMIT FEES (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, 75-2-504, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff. 4/16/93; TRANS, from DHES, 1996 MAR p. 433; AMD, 2002 MAR p. 3599, Eff. 12/27/02; AMD, 2…

17.74.402 ACCREDITATION AND ACCREDITATION RENEWAL FEES (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff. 4/16/93; AMD, 1995 MAR p. 1579, Eff. 8/11/95; TRANS, from DHES, 1…

17.74.403 COURSE APPROVAL FEES (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; TRANS, from DHES, 1996 MAR p. 433; AMD, 2003 MAR p. 2624, Eff. 11/27/03; AMD, 2007 MAR p. 1933, Eff. 11/22/07; REP, …

17.74.404 COURSE AUDIT FEES (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff. 4/16/93; TRANS, from DHES, 1996 MAR p. 433; AMD, 2003 MAR p. 2624, Eff. 11/27/03; AMD, 2007 …

17.74.405 PENALTY (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, 75-2-514, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff. 4/16/93; AMD, 1995 MAR p. 1579, Eff. 8/11/95; TRANS, from DHES, 1996 MAR p. 433; REP, 2003 M…

17.74.406 PERMIT AND OTHER PROJECT FEES The applicable fee, provided in (2) Table 1 and (3) Table 2, shall be submitted to the department with submittal of an asbestos project permit application, an annual asbestos project permit application, or a demolition notice. Table 1 - Per…

17.74.407 ACCREDITATION AND ACCREDITATION RENEWAL FEES A person seeking accreditation or renewal of accreditation in an asbestos-related occupation shall pay a fee to the department. The fees for accreditation or renewal of accreditation are: asbestos project worker $200 asbestos…

17.74.408 COURSE APPROVAL AND RENEWAL FEES After July 1, 2020, a person shall pay to the department $2,000 per course for approval of an initial training course for accreditation in an asbestos-related occupation, pursuant to ARM 17.74.362, or for approval of a refresher course f…

17.74.409 REFUNDS The department shall not refund any fee except as provided in this rule. The department shall review all applicable information in evaluating refund requests. The department may refund fees unnecessarily paid by an applicant receiving an incorrect permit or accr…

17.74.501 PURPOSE This subchapter is adopted to protect the public health, safety, and welfare by providing specific cleanup standards for inhabitable properties contaminated by clandestine methamphetamine labs (CML) or the smoke from the use of methamphetamine. This subchapter e…

17.74.502 INCORPORATION BY REFERENCE -- PUBLICATION DATES (REPEALED) Authorizing statute(s): 75-10-1303, 75-10-1304, MCA Implementing statute(s): 75-10-1303, 75-10-1304, MCA History: NEW, 2006 MAR p. 1042, Eff. 4/21/06; AMD, 2006 MAR p. 2963, Eff. 12/8/06; REP, 2014 MAR p. 2651, …

17.74.503 INCORPORATION BY REFERENCE (REPEALED) Authorizing statute(s): 75-10-1303, 75-10-1304, MCA Implementing statute(s): 75-10-1303, 75-10-1304, MCA History: NEW, 2006 MAR p. 1042, Eff. 4/21/06; AMD, 2006 MAR p. 2963, Eff. 12/8/06; REP, 2014 MAR p. 2651, Eff. 10/24/14.

17.74.504 DEFINITIONS For the purposes of this subchapter, unless the context clearly indicates otherwise, the following terms have meanings indicated below and are supplemental to the definitions in 75-10-1302, MCA: "Assessment plan" means a department-approved plan, using sampl…

17.74.505 DECONTAMINATION STANDARD Theinhabitable propertydecontamination standardfor methamphetamine may not exceed 1.5 micrograms per 100 square centimeters of surface material. Authorizing statute(s): 75-10-1303, MCA Implementing statute(s): 75-10-1303, MCA History: NEW, 2006 …

17.74.506 DECONTAMINATION PERFORMANCE, ASSESSMENT, AND INSPECTION The department requires the certified methamphetamine cleanup contractor to submit the following documentation for the departmentto confirm that the decontamination standard provided in 75-5-1303, MCA, has been met…

17.74.507 PERFORMANCE STANDARDS The following must be completed bycertified methamphetamine cleanupcontractors: site assessment,work,disposal of contaminated material,and post-decontamination final sampling performed in accordance with department-approved work plans; preparation …

17.74.508 CONTRACTOR CERTIFICATION AND RENEWAL An applicant for department certification as amethamphetamine cleanupcontractor shall: provide evidence of successful completion of HAZWOPER training, consisting of aninitial 40-hour HAZWOPERor current eight-hour HAZWOPER refresher, …

17.74.509 WORKER AND SUPERVISOR CERTIFICATION (REPEALED) Authorizing statute(s): 75-10-1304, MCA Implementing statute(s): 75-10-1304, MCA History: NEW, 2006 MAR p. 1042, Eff. 4/21/06; REP, 2014 MAR p. 2651, Eff. 10/24/14.

17.74.510 WORKER AND SUPERVISOR CERTIFICATION RENEWAL (REPEALED) Authorizing statute(s): 75-10-1304, MCA Implementing statute(s): 75-10-1304, MCA History: NEW, 2006 MAR p. 1042, Eff. 4/21/06; REP, 2014 MAR p. 2651, Eff. 10/24/14.

17.74.511 INITIAL TRAINING COURSE REQUIREMENTS Initialmethamphetamine cleanupcontractor training courses must be taught by a person with a current methamphetamine cleanup contractor training provider certificate issued pursuant to ARM 17.74.514 and mustinclude a minimum of 16 hou…

17.74.512 REFRESHER TRAINING COURSE REQUIREMENTS Certified methamphetamine cleanup contractorrefresher training courses must be taught by a person with acurrent training provider certificate issued pursuant to ARM 17.74.514 and mustinclude, at a minimum, eight hours of training. …

17.74.513 RECIPROCITY The department shall provide reciprocal certification for contractors trained and certified in another state when the standards and training of the other state are substantially similar to those of this subchapter. An applicant for reciprocity shall submit t…

17.74.514 TRAINING PROVIDER CERTIFICATION A person may not provide initial or refreshertraining for department certification of methamphetamine cleanupcontractors,without a currentdepartment-issuedmethamphetamine cleanup contractortraining provider certificate. An applicant for m…

17.74.515 CERTIFIED TRAINING PROVIDER RESPONSIBILITIES A certifiedmethamphetamine cleanup contractortraining provider shall: notify the department in writing at least10 workingdays before any methamphetamine cleanup contractortraining is scheduled to begin. The notification must …

17.74.516 TRAINING PROVIDER CERTIFICATION RENEWAL An applicant for renewal ofmethamphetamine cleanup contractortraining provider certification shall submit the following to the department at least 30 working days before expiration of the current certificate: a completed methamphe…

17.74.517 DENIAL, SUSPENSION, AND REVOCATION OF CERTIFICATION The department may deny, suspend, or revoke the certification of amethamphetamine cleanup contractoror methamphetamine cleanup contractor training provider who fails to meet any of the requirements of this subchapter. …

17.74.518 FEES Concurrent with submittal of an application under this subchapter, the applicant shall pay the following fees: $500 for each initial, renewal, or reciprocalmethamphetamine cleanupcontractor certificate application; and $500 for each initial or renewalmethamphetamin…

17.74.519 SAMPLING PROCEDURES All sampling procedures and laboratory analysistoverify the attainment of the decontamination standard for methamphetaminewithin inhabitable structures in order to remove an inhabitable property from the contaminated properties list, maintained by th…

17.74.520 RECORDKEEPING, REPORTS, AND SUBMITTALS Each assessment, work, and final clearance plan must: be prepared by the certified methamphetamine cleanup contractor; be submitted to the department no less than 10 working days before the intended plan implementation; include the…

17.74.521 INCORPORATION BY REFERENCE For the purposes of this subchapter, the department adopts and incorporates by reference the National Institute for Occupational Safety and Health (NIOSH) method 9111, METHAMPHETAMINE on Wipes by Liquid Chromatography/Mass Spectrometry.As spec…

17.8.1001 DEFINITIONS For the purpose of this subchapter: The definitions contained in ARM 17.8.901 shall be applicable. "Cause or contribute" means, in regard to an ambient air quality impact caused by emissions from a major source or modification, an ambient air quality impact …

17.8.1002 INCORPORATION BY REFERENCE For the purposes of this subchapter, the department adopts and incorporates by reference the following: 40 CFR Part 60, pertaining to standards of performance for new stationary sources; 40 CFR Part 61, pertaining to emission standards for haz…

17.8.1004 WHEN MONTANA AIR QUALITY PERMIT REQUIRED Any new major stationary source or major modification which would locate anywhere in an area designated as attainment or unclassified for a national ambient air quality standard under 40 CFR 81.327 and which would cause or contri…

17.8.1005 ADDITIONAL CONDITIONS OF MONTANA AIR QUALITY PERMIT The department will not issue a Montana air quality permit required under ARM 17.8.1004 unless the requirements of subchapters 7 and 8 and the following additional conditions are met: the new source is required to meet…

17.8.1006 REVIEW OF SPECIFIED SOURCES FOR AIR QUALITY IMPACT For "stable" air pollutants (i.e., sulfur dioxide, particulate matter and carbon monoxide) , the determination of whether a source will cause or contribute to a violation of a national ambient air quality standard gener…

17.8.1007 BASELINE FOR DETERMINING CREDIT FOR EMISSIONS AND AIR QUALITY OFFSETS For the purposes of this subchapter, the following requirements apply: The requirements of ARM 17.8.906, except that ARM 17.8.906(7) through (9) do not apply to offsets required under this subchapter;…