BEFORE THE DEPARTMENT OF ENVIRONMENTAL QUALITY

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 17.50.203 pertaining to completion of shielding

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NOTICE OF PROPOSED AMENDMENT   (MOTOR VEHICLE RECYCLING AND DISPOSAL)   (NO PUBLIC HEARING CONTEMPLATED)

 

            TO:  All Concerned Persons

 

            1.  On September 12, 2011, the Department of Environmental Quality proposes to amend the above-stated rule.

 

            2.  The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process and need an alternative accessible format of this notice.  If you require an accommodation, please contact Elois Johnson, Paralegal, no later than 5:00 p.m., August 22, 2011, 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 rule proposed to be amended provides as follows, stricken matter interlined, new matter underlined:

 

            17.50.203  COMPLETION OF SHIELDING  (1)  If the department decides, after determining that an applicant for a license has met all the licensing requirements of this subchapter except for the shielding requirements in ARM 17.50.202, that a license should be issued when the applicant has complied with shielding requirements, the department shall issue and mail to the applicant a written statement that the applicant has complied with all requirements, other than shielding, of Title 75, chapter 10, part 5, MCA, and this subchapter, and that it has decided that a license should be issued if the shielding requirements are satisfied within eight months.  If the applicant then complies with the shielding requirements in ARM 17.50.202 and submits acceptable evidence of that compliance to the department within eight months after the date that the department issued the statement, and otherwise remains in compliance with Title 75, chapter 10, part 5, MCA, and this subchapter, the department shall inspect and determine compliance under ARM 17.50.502(3) 17.50.202(3).  If it determines that the applicant is complying with shielding and other requirements, the department shall issue the license.

            (2) remains the same.

 

            AUTH:  75-10-503, MCA

            IMP:  75-10-503

 

            REASON:  The department is proposing to amend ARM 17.50.203 to correct a citation error.  Adopting the correct cite will eliminate confusion regarding compliance with shielding requirements prior to the issuance of a motor vehicle wrecking facility or motor vehicle graveyard license.

 

            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 September 8, 2011.  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 September 8, 2011.

 

            6.  If the department receives requests for a public hearing on the proposed action from either 10% 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 21 based on the 208 motor vehicle wrecking facilities and graveyards in Montana.

 

            7.  The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this entity.  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 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], 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.

 

Reviewed by:                                     DEPARTMENT OF ENVIRONMENTAL

                                                                        QUALITY

 

 

 

/s/ John F. North                                   By:  /s/ Richard H. Opper                        

JOHN F. NORTH                                           RICHARD H. OPPER

Rule Reviewer                                               Director

 

            Certified to the Secretary of State, August 1, 2011.