BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 17.74.101 and 17.74.102 pertaining to occupational noise and occupational air contaminants

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NOTICE OF PROPOSED REPEAL   (NOISE AND AIR CONTAMINANTS)   NO PUBLIC HEARING CONTEMPLATED

 

          TO: All Concerned Persons

 

          1. On December 28, 2015, the Department of Environmental Quality proposes to repeal the above-stated rules.

 

          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 Elois Johnson, Paralegal, no later than 5:00 p.m., December 7, 2015, to advise us of the nature of the accommodation that you need. Please contact Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail [email protected].

 

          3. The rules proposed for repeal are as follows:

 

          17.74.101 OCCUPATIONAL NOISE (History: 50-70-106, 50-70-113, MCA; IMP, 50-70-103(8), 50-70-113, MCA), located at page 17-8225, Administrative Rules of Montana.

 

          17.74.102 OCCUPATIONAL AIR CONTAMINANTS (History:  50-70-106, 50-70-113, MCA; IMP, 50-70-103, 50-70-106, 50-70-113, MCA), located at page 17-8227, Administrative Rules of Montana.

 

          REASON: These rules were adopted under the authority in and to implement the provisions of the Occupational Health Act of Montana, which was codified in Title 50, chapter 70, part 1, MCA. This Act has been repealed and these rules are, therefore, no longer statutorily authorized.

 

          4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail [email protected], no later than December 24, 2015. To be guaranteed consideration, mailed comments must be postmarked on or before that date.

 

          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 they have to Elois Johnson at Department of Environmental Quality, P.O. Box 200901, Helena, Montana 59620-0901; phone (406) 444-2630; fax (406) 444-4386; or e-mail [email protected], no later than December 24, 2015.

 

          6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are 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 persons directly affected has been determined to be one based on no persons being affected by the repeal.

 

          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 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 supply; public 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. 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 Elois Johnson, Paralegal, Department of Environmental Quality, 1520 E. Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901, faxed to the office at (406) 444-4386, e-mailed to Elois Johnson at [email protected], or may be made by completing a request form at any rules hearing held by the department.

 

          8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

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

 

Reviewed by:                                        DEPARTMENT OF ENVIRONMENTAL

                                                            QUALITY

 

 

/s/ John F. North                          BY: /s/ Tom Livers                                      

JOHN F. NORTH                               TOM LIVERS, Director

Rule Reviewer

 

          Certified to the Secretary of State, November 16, 2015.