BEFORE THE PETROLEUM TANK RELEASE COMPENSATION BOARD

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.58.201, 17.58.301, 17.58.311, 17.58.313, 17.58.323, 17.58.325, 17.58.326, 17.58.331, 17.58.332, 17.58.333, 17.58.334, 17.58.335, 17.58.336, 17.58.337, 17.58.340, 17.58.341, 17.58.342, and 17.58.343; the adoption of New Rule I; and the repeal of ARM 17.58.312 and 17.58.339 pertaining to procedural and substantive rules regarding petroleum tank release compensation

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NOTICE OF AMENDMENT, ADOPTION, AND REPEAL   (PETROLEUM TANK RELEASE COMPENSATION BOARD)

 

            TO:  All Concerned Persons

 

            1.  On January 13, 2011, the Petroleum Tank Release Compensation Board published MAR Notice No. 17-313 regarding a notice of public hearing on the proposed amendment, adoption, and repeal of the above-stated rules at page 1, 2011 Montana Administrative Register, issue number 1.

 

            2.  The board has amended ARM 17.58.201, 17.58.313, 17.58.323, 17.58.325, 17.58.326, 17.58.331, 17.58.332, 17.58.333, 17.58.334, 17.58.335, 17.58.336, 17.58.337, 17.58.340, 17.58.341, 17.58.342, and 17.58.343; adopted New Rule I (17.58.344); and repealed ARM 17.58.312 and 17.58.339 exactly as proposed.  The board has amended ARM 17.58.301 and 17.58.311 as proposed, but with the following changes:

 

            17.58.301  GUIDELINES FOR PUBLIC PARTICIPATION  (1) remains as proposed.

            (2)  The board shall provide access to the interested parties e-mail list link on the board web site for persons who wish to know about the board's proposed rules and rulemaking proceedings.  Any person may add their name and e-mail address to this list through the board's interested parties e-mail list link on the board web site.

            (3) and (4) remain as proposed.

 

            17.58.311  DEFINITIONS  Unless the context clearly indicates otherwise, the following definitions, in addition to those in 75-11-302, MCA, apply throughout this chapter:

            (1) through (24)(b) remain as proposed.

            (25)  "Release discovery date" means the earliest of:

            (a)  the date of discovery by an owner or an operator of any of the conditions set forth in ARM 17.5856.502(1), provided that a release is confirmed in any manner provided in ARM 17.5856.504 or 17.5856.506 after the condition is discovered;

            (b)  the date that the owner or operator had actual knowledge of a release; or

            (c)  the date that the release is confirmed in any manner provided in ARM 17.5856.504.

            (26) through (31) remain as proposed.

 

            3.  The following comments were received and appear with the board's responses:

 

            COMMENT NO. 1:  The guidelines for public participation in ARM 17.58.301(2) seem a little wordy and confusing.  There isn't a list that shows all interested parties.  Perhaps this wording might be more clear:  "The board shall provide access to the link to subscribe to the interested parties e-mail list on the board website."

            RESPONSE:  The board acknowledges that the proposed amendments to ARM 17.58.301(2) could have been more clear and has amended the rule as shown above.

 

            COMMENT NO. 2:  One comment was received stating that ARM 17.58.311, Definitions, references Title 17, chapter 58, subchapter 5 series rules.  It does not appear that Title 17, chapter 58 has a 500 series subchapter.  The rule should be revised to correct the ARM references.

            RESPONSE:  The board agrees with this comment and has amended the rule as shown above to correct the internal references.  When the board initially drafted the amendments the references were to ARM Title 17, chapter 58; those references should have been to ARM Title 17, chapter 56.

 

Reviewed by:                                                PETROLEUM TANK RELEASE

                                                                        COMPENSATION BOARD

 

 

 

/s/ James M. Madden                         By:  /s/ Roger Noble                                             

JAMES M. MADDEN                                   ROGER NOBLE

Rule Reviewer                                               Chairman

 

            Certified to the Secretary of State March 14, 2011.