Montana Administrative Code

17.74.326 ASBESTOS MANAGEMENT PLANNERS COURSE (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, 75-2-511, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff. 4/16/93; AMD, 1995 MAR p. 1578, Eff. 8/11/95; TRANS, from DHES, …

17.74.327 ASBESTOS ABATEMENT PROJECT DESIGNER'S COURSE (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, 75-2-511, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff. 4/16/93; AMD, 1995 MAR p. 1578, Eff. 8/11/95; TRANS, fr…

17.74.328 ASBESTOS ABATEMENT CONTRACTOR'S AND SUPERVISOR'S COURSE (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, 75-2-511, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff. 4/16/93; AMD, 1995 MAR p. 1578, Eff. 8/11/95…

17.74.329 ASBESTOS ABATEMENT WORKER'S COURSE (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, 75-2-511, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1995 MAR p. 1578, Eff. 8/11/95; TRANS, from DHES, 1996 MAR p. 433; REP, 2006 MAR p. 157…

17.74.330 EXAMINATIONS (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, 75-2-511, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; TRANS, from DHES, 1996 MAR p. 433; REP, 2006 MAR p. 1574, Eff. 6/23/06.

17.74.331 REFRESHER COURSES (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, 75-2-511, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff. 4/16/93; AMD, 1995 MAR p. 1578, Eff. 8/11/95; TRANS, from DHES, 1996 MAR p. 433; R…

17.74.335 ASBESTOS ABATEMENT PROJECT PERMITS (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, 75-2-511, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff. 4/16/93; AMD, 1995 MAR p. 1578, Eff. 8/11/95; TRANS, from DHES, 1…

17.74.336 ANNUAL PERMITS (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, 75-2-504, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff.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; AMD, 1995 MAR p. 1578, Eff. 8/11/95; TRANS, from DHES, 1996 MAR p. 433; REP,…

17.74.337 EMERGENCY ASBESTOS PROJECT PERMITS (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, MCA History: NEW, 1989 MAR p. 2234, Eff. 1/1/90; AMD, 1993 MAR p. 549, Eff. 4/16/93;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. 1578, Eff. 8/11/95; TRANS, from DHES, 1996 MAR p.…

17.74.338 ASBESTOS ABATEMENT PROJECT CONTROL MEASURES (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; REP, 2006 MAR p. 1574,…

17.74.341 RECORDKEEPING (REPEALED) Authorizing statute(s): 75-2-503, MCA Implementing statute(s): 75-2-503, 75-2-513, 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; REP, 2006 MAR p. 1574, Eff. 6/23/06.

17.74.342 INSPECTIONS (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; REP, 2006 MAR p. 1574, Eff. 6/23/06.

17.74.343 RECIPROCITY (REPEALED) (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, 2006 MAR p. 1574, Eff. 6/23/06; REP, 2024 MAR p. 723, Eff. 4/13/24.

17.74.350 INCORPORATION BY REFERENCE -- PUBLICATION DATES (1) Unless expressly provided otherwise, whenever there is a reference in this subchapter to a federal regulation, the reference is to the July 1, 2022, edition of the Code of Federal Regulations (CFR). Authorizing statute…

17.74.351 INCORPORATION BY REFERENCE (1) Except as provided otherwise in this subchapter, the department adopts and incorporates by reference: (a) 40 CFR 61, subparts A and M, pertaining to national emission standards for hazardous air pollutants (NESHAPs) for asbestos. (b) Natio…

17.74.352 DEFINITIONS For purposes of this subchapter, unless otherwise provided, the following definitions apply. The terms must be used in conjunction with the definitions in 75-2-502, MCA, and 40 CFR 61.141: (1) "Alternate work practice" means proposed alternative control meas…

17.74.353 APPLICABILITY--ASBESTOS PROJECT REQUIREMENTS (1) All asbestos projects must be conducted in accordance with the requirements of this subchapter and 40 CFR 61, subparts A and M, with the following exceptions: (a) the minimum quantities of regulated asbestos-containing ma…

17.74.354 INSPECTION REQUIREMENTS FOR DEMOLITION AND RENOVATION ACTIVITIES (1) Prior to any demolition or renovation of a facility, the owner or operator shall ensure the facility or part of the facility where demolition or renovation activity will occur is thoroughly inspected b…

17.74.355 ASBESTOS PROJECT PERMITS AND DEMOLITION NOTIFICATIONS (1) Pursuant to 40 CFR 61.145, a person may not conduct demolition activities without a demolition notification submitted to the department. (2) Pursuant to 75-2-511, MCA, a person may not conduct an asbestos project…

17.74.356 ASBESTOS PROJECT CONTROL MEASURES (1) An asbestos contractor/supervisor shall: (a) be physically present at the work site when any permitted work is being conducted; (b) be available to all asbestos workers; and (c) ensure the asbestos project complies with the asbestos…

17.74.357 STANDARDS AND METHODS FOR CLEARING ASBESTOS PROJECTS AND REQUIREMENTS FOR PERSONS CLEARING ASBESTOS PROJECTS (1) At the conclusion of any asbestos project conducted in a facility, the owner or operator shall ensure that final visual inspection and air clearance sampling…

17.74.358 EMERGENCY RENOVATION OPERATION ASBESTOS PROJECT PERMITS AND ORDERED DEMOLITION NOTIFICATIONS (1) For an emergency renovation operation, as defined in 40 CFR 61.141, the owner or operator of the facility shall complete the following: (a) no later than the next working da…

17.74.359 ANNUAL ASBESTOS PROJECT PERMITS (1) 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 proje…

17.74.360 RECORDKEEPING (1) 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. (2) Records of asbestos projects must include, but are not limited t…

17.74.361 DEPARTMENT INSPECTIONS (1) 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: (a) afford the department, at all reasonable times, the opportunity to inspect the project site; (…

17.74.362 ACCREDITATION REQUIREMENTS FOR ASBESTOS-RELATED OCCUPATIONS (1) Pursuant to 75-2-511, MCA, a person may not: (a) engage in an asbestos-related occupation unless accredited in that occupation by the department; or (b) contract with or employ in an asbestos-related occupa…

17.74.363 RENEWAL OF ACCREDITATION (1) A person may not engage in an asbestos-related occupation after the expiration of accreditation until they have renewed their accreditation and received a copy of their Montana asbestos accreditation from the department. (2) Accreditation fo…

17.74.364 TRAINING PROVIDER REQUIREMENTS (1) 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 train…

17.74.365 TRAINING COURSE REQUIREMENTS (1) 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. (2) A training course for accreditation as an asbestos contractor/supervisor must meet the r…

17.74.366 TRAINING COURSE EXAMINATIONS (1) The following requirements apply to asbestos-related occupation accreditation training course examinations: (a) for asbestos worker, asbestos inspector, and asbestos management planner training courses, the examination must include 50 mu…

17.74.367 REFRESHER COURSES (1) A person may not offer a refresher course for renewal of accreditation under ARM 17.74.363 unless the department has approved the course. (2) Refresher courses must relate to a specific asbestos-related occupation and must include review of changes…

17.74.368 TRAINING COURSE AND REFRESHER COURSE CERTIFICATE AND RECORDKEEPING REQUIREMENTS (1) 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 examinati…

17.74.369 TRANSPORTATION AND DISPOSAL OF ASBESTOS-CONTAINING WASTE (1) A person may not transport asbestos-containing waste generated at a facility unless accredited by the department as an asbestos worker or asbestos contractor/supervisor or escorted and supervised by a person w…

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 (1) 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. (2) Table…

17.74.407 ACCREDITATION AND ACCREDITATION RENEWAL FEES (1) 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: (a) asbestos project worker $200 …

17.74.408 COURSE APPROVAL AND RENEWAL FEES (1) The following fees apply to initial and refresher courses: (a) $2,000 for the approval of each new initial or refresher training course; (b) $300 for the renewal of an initial training course; and (c) $200 for the renewal of a refres…

17.74.409 REFUNDS (1) The department shall not refund any fee except as provided in this rule. The department shall review all applicable information in evaluating refund requests. (2) The department may refund fees unnecessarily paid by an applicant receiving an incorrect permit…

17.74.501 PURPOSE (1) This subchapter is adopted to protect the public health, safety, and welfare by providing specific cleanup standards for inhabitable properties, including volunteer properties as defined in 75-10-1302, MCA, contaminated by clandestine methamphetamine or fent…

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, …