Administrative Rules of Montana
Department 17 - ENVIRONMENTAL QUALITY
Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP
Subchapter 17.74.3 - Asbestos Control
Rule 17.74.353 - APPLICABILITY-ASBESTOS PROJECT REQUIREMENTS
Universal Citation: MT Admin Rules 17.74.353
Current through Register Vol. 18, September 20, 2024
(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 material (RACM) specified in
40 CFR
61.145(a)(1)(i) and (ii) and (4)(i) and
(ii) do not apply;
(b) for purposes of
40 CFR
61.145(a)(1), (a)(2), and (a)(4),
the minimum quantities of asbestos provided in
75-2-502(3), MCA,
apply;
(c) in
40 CFR
61.145(b)(1), pertaining to
notification requirements, "Provide the department with written notice of intention
to demolish or renovate. Delivery of the notice by U.S. Postal Service, commercial
delivery service, facsimile, email, the department online permitting system, or hand
delivery is acceptable, and delivery of the notice is complete when the department
receives the notice and the appropriate fee as specified in ARM
17.74.406" is substituted for "Provide
the Administrator with written notice of intention to demolish or renovate. Delivery
of the notice by U.S. Postal Service, commercial delivery service, or hand delivery
is acceptable";
(d) in
40 CFR
61.145(b)(3). pertaining to the
written notice of intention to demolish or renovate, "Notice must be received by the
department as follows:" is substituted for "Postmark or deliver the notice as
follows:"; and
(e) alternate work
practices may be used if approved in writing by the department in advance. Requests
for alternate work practices must:
(i) be
submitted by the owner or operator on a form provided by the department and include
the fee specified in ARM 17.74.406;
(ii)
explain why compliance with this subchapter and 40 CFR 61, subpart M is neither
practical or feasible; and
(iii)
demonstrate that the proposed alternate work practice provides results at least as
stringent as the methods required in this subchapter.
(2) For purposes of this subchapter, inspections required by 40 CFR 61.145(a) must be conducted by a Montana-accredited asbestos inspector.
AUTH: 75-2-503, MCA; IMP: 75-2-503, MCA
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