HomeMy WebLinkAboutMontana DEQMontana Department of
~1 ~ ~ Brian Schweitzer, Governor
P.O. Box 200901. Helena, MT 59620-0901 ( ® ~-2~14~ •~ ~y~e .gov
TRANSMITTAL LETTER MAY z ~ ~~
May 16, Zoos CITY OF LAUREL
TO: Interested Parties
RE: Notice of continuation of the public hearing (July 9) and extension of the com
ment period
(July 23) on the proposed amendment, repeal, and adoption of Solid Waste Management
program administrative rules.
PLEASE:
^ File or record ^ Per your request
^ Return a conformed copy ^ For your information
^ Review, sign and return ^ For your file
^ Review and call ®Notice enclosed
^ Other:
Enclosure: Notice of public hearing on proposed amendments to ARM 17.50.501 through
17.50.503, 17.50.508, 17.50.509, and 17.50.513; the adoption of New Rules I through XXV; and
the repeal of ARM 17.50.505, 17.50.506, 17.50.5 10, 17.50.511, 17.50.526, 17.50.530,
17.50.531, 17.50.701, 17.50.702, 17.50.705 through 17.50.710 and 17.50.720 through 17.50.726
pertai~iing-to-the-lie~nsing and operation-af munieipal ~selyd-waste laxrdfil-l-facilities: --_.~_.~ _ ~_
If you have any questions, please call at (406) 444-4194 or email at rmartin@mt.gov.
Robert A. Martin
~~M~
Rule Development Specialist
Waste and Underground Tank Management Bureau
Montana Department of Environmental Quality
Ent'orcemeat Division Permitting Bc Campliaace Diviaioa Planning, Prevention & Aasiatapce Division Remediation Division
-985-
BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY
OF THE STATE OF MONTANA
In the matter of the amendment of ARM )
17.50.501 through 17.5,0.503, 17.50.508,)
17.50.509, and 17.50.513; the adoption )
of New Rules I through XXVI; and the )
repeal of ARM 17.50.505, 17.50.506, )
17.50.510, 17.50.511, 17.50.526, )
17.50.530, 17.50.531, 17.50.542, )
17.50.701, 17.50.702, 17.50.705 through)
17.50.710, 17.50.715, 17.50.716, and )
17.50.720 through 17.50.726 pertaining )
to the licensing and operation of solid )
_-._ __ waste .landfill fac_ilities______ _ _ __ _ _
_: _
TO: All Concerned Persons
AMENDED NOTICE OF PUBLIC
.HEARING AND EXTENSION OF
COMMENT PERIOD ON
PROPOSED AMENDMENT,
ADOPTION, AND REPEAL
(SOLID WASTE)
1. On April 24, 2008; the Department ofi Environmental Quality published
MAR Notice No. 17-269 regarding a notice of public hearing on the .proposed
amendment, adoption, and repeal of the above-stated rules at page 688, 2008
Montana Administrative Register, issue number 8. The department is publishing this
amended notice to extend the public comment period, provide notice of a second `
hearing, add language to New Rule XVII, and propose adop#ion of a new rule -
pertaining to a saving .clause.
2. Another public hearing will beheld on July 9, 2008, at 9:00 a.m. in Room..
35, Metcalf Building, 1520 East Sixth Avenue, Helena, Montana, to consider the
proposed amendment, adoption, and repeal of the above-stated rules, with the
proposed additional language in New Rule XVII shown below, and the proposed
adoption of NEW RULE XXVI. In addition, the. comment period for MAR Notice No.
17-269 and this amended notice is extended to July 23, 2008.
3. The department will make reasonable accommodations for persons with
- - disabilities who wish to participate -iri-this public hearing or need -an alternative
accessible format of this notice. If you require an accommodation, contact the
department no later than 5:00 p.m., June 30, 2008, to advise us of the nature of the
accommodation that you need. Please contact Elois Johnson, Paralegal, at P.O.
Box 200901, Helena, Montana 59620-0901; phone (406.) 444-2630; fax (406) 444-
4386; ore-mail ejohnson@mt.gov.
XVII.
4. The department is proposing to add the .underlined language to New Rule
NEW RULE XVII ADOPTION OF FEDERAL LANDFILL GROUND WATER
MONITORING AND CORRECTIVE ACTION (1) Except as provided otherwise in
[NEW RULE XIX], the department adopts and incorporates by reference 40 CFR
MAR Notice No. 17-270 ~ 10-5/22/08
-986-
Part 258, subpart E, and A endices I and II to 40 CFR Part 258 pertaining to
ground water monitoring and corrective action.
(2) through (4) remain as proposed in the original notice of public hearing.
REASON: The department is proposing to amend New Rule XVII(1) by
adopting by reference 40 CFR Part 258 Appendices I and II. These appendices
contain lists of contaminants for which ground water detection and assessment
monitoring must be done and for which standards must be adopted. Monitoring of
the contaminants and exceedances of the standards are then used to determine
whether and what forms of corrective action will be required.
These appendices are referred to in numerous federal regulations being
adopted by reference in New Subchapter IV, and in New Rule XIX(6). The
department believes that it is necessary to adopt them by reference to make clear to
the regulated community 1) which contaminants must be monitored for and 2) what
the standards for those contaminants are that, when exceeded, will trigger
requirements forfurther analysis and action.
5. The new rule provides as follows, stricken matter interlined, new matter
underlined:
NEW RULE XXVI SAVING CLAUSE (1 ), The repeal of ARM 17.50.505,
17.50.506, 17:50.51 Q, 17.50.511, 17.50:526, 17.50.530, 17.50.531, 17.50.542,
17;:50.701, 17..50'..702, 17.50.705. through 17.50.710, 17.50.715, 17:50.716, and
- 17.50.720 through 17.50.726 does. not affect. rights and duties that matured,
penalties that were incurred, or proceedings tha# were begun before [the effective
date of this rule]. ,-
AUTH: 75-10-204, MCA
IMP: 75-10-204, MCA
REASON: The department is proposing to adopt New Rule XXVI because it
believes that, when it repeals a rule, the repealed rule still applies to actions that
occurred while the. rule was in effect. So, if a violation of avow-repealed rule had
occurred while the rule was in effect, that violation could be the subject of an
_ _ enforcement action after the rule was repealed.
Proposed New Rule XXVI would make this explicit.
This rule is necessary because it is desirable to have continuous coverage of
rules, and enforcement against violations of rules should not be barred because the
rule was repealed. If enforcement were barred, an incentive to comply with existing
rules would be removed and the environmental degradation that the rules are
designed to prevent might occur.
6. Concerned persons may submit their data, views; or arguments, either
orally or in writing, at the hearing. Written data, views, or arguments may also be
submitted to Elois Johnson, P.O. Bax 200901, Helena, Montana 59620-0901; faxed
to (406) 444-4386; or e-mailed to Elois Johnson at ejohnson@mt.gov, and must be
1 4
10-5/22/08 ~ MAR Notice No. 17-270
-987-
received no later than 5:00 p.m., July 23, 200$. To be guaranteed consideration,
mailed comments must be postmarked on or before that date.
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 must make a written request that includes the name and
mailing address of the person to receive notices and specifies that the person
wishes to receive notices regarding: air quality; hazardous waste/waste oil; asbestos
control; water/wastewater treatment plant operator certification; solid waste; junk
vehicles; infectious waste; public water supplies; pub{ic sewage systems regulation;
hard rock (metal) mine reclamation; major facility siting; opencut mine reclamation;
strip mine reclamation; subdivisions; renewable energy grants/loans; wastewater
treatment or safe drinking water revolving grants and loans; water quality; CECRA;
underground/above ground storage tanks; MEPA; or general procedural rules. other
than MEPA. Such written request may be mailed or delivered to Elois Johnson,
-- Paralegal; Cega7-lJni~ 1-52~0~. Sixth"Ave.; P:~-8ox 2-OU90T, -I~elena-Nfonfaria --1-~- -
59620-0901, faxed to the office at (406) 444-4386, e-mailed to ejohnson@mt.gov, or
may be made by completing a request form at any rules hearing held by the
department.
8. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.
DEPARTMENT OF ENVIRONMENTAL QUALITY
By: f~ichard Ht Opper
RICHARD H. OPPER
Director
Reviewed by:
------ -- - -- -^ JortrrF- Nor#h------------- --- - ----_. -_ _ _ . _
John F. North, Rule Reviewer
Certified to the Secretary of State, May 12; 2008.
MAR Notice No. 17-270 10-5/22/08