reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.4 - Fees › Rule 17.74.407 - ACCREDITATION AND ACCREDITATION RENEWAL FEES

Current through Register Vol. 13, July 5, 2024
(1) A person seeking accreditation or renewal
				of accreditation in an asbestos-related occupation shall pay a fee to the
				department. The fees for accreditation or renewal of accreditation are:
(a) asbestos project
				worker...............................................................................
				$200
(b) asbestos project
				contractor/supervisor..................................................... $200
(c) asbestos
				inspector........................................................................................
				$200
(d) asbestos management
				planner.................................................................. $200
(e) asbestos project
				designer...........................................................................
				$200
(f) out-of-state
				reciprocity..................................................................................
				$250
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.4 - Fees › Rule 17.74.408 - COURSE APPROVAL AND RENEWAL FEES

Current through Register Vol. 13, July 5, 2024
(1) After July
				1, 2020, a person shall pay to the department $2,000 per course for approval of
				an initial training course for accreditation in an asbestos-related occupation,
				pursuant to ARM
				17.74.362,
				or for approval of a refresher course for renewal of accreditation in an
				asbestos-related occupation, pursuant to ARM
				17.74.363.
(2) A person shall pay a renewal fee of $300
				per course to the department when the person has received department approval
				of an initial training course for accreditation in an asbestos-related
				occupation on or before July 1, 2020 that the person intends to continue to
				provide after July 1, 2020. The initial course renewal fee is due two years
				from the training course approval date.
(3) A person shall pay a refresher course
				renewal fee of $200 per course to the department when the person has received
				department approval of a refresher course for accreditation in an
				asbestos-related occupation on or before July 1, 2020 that the person intends
				to continue to provide after July 1, 2020. The refresher course renewal fee is
				due two years from the refresher course approval date.
AUTH:
					 75-2-503,
					 MCA; IMP:
					 75-2-503,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.4 - Fees › Rule 17.74.409 - REFUNDS

Current through Register Vol. 13, July 5, 2024
(1) The department shall not refund any fee
				except as provided in this rule. The department shall review all applicable
				information in evaluating refund requests.
(2) The department may refund fees
				unnecessarily paid by an applicant receiving an incorrect permit or
				accreditation due to an error by the department.
(3) The director, or the director's designee,
				may authorize a refund of fees due to extenuating circumstances causing the
				permit or accreditation holder to be unable to use the accreditation or permit
				because of:
(a) declaration of war or police
				action; or
(b) catastrophic or
				major natural disaster or man-made event that requires assistance from a state
				or federal emergency management agency; or
(c) other circumstances for good cause
				shown.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.501 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) This subchapter is adopted to protect the
				public health, safety, and welfare by providing specific cleanup standards for
				inhabitable properties contaminated by clandestine methamphetamine labs (CML)
				or the smoke from the use of methamphetamine. This subchapter establishes a
				voluntary program for property owners to obtain department confirmation that
				the decontamination standards established by the department have been met, for
				purposes of liability immunity pursuant to
				75-10-1305(4),
				MCA, and for purposes of removing property from the list of contaminated
				property maintained by the department pursuant to
				75-10-1306,
				MCA.
AUTH:
					 75-10-1304,
					 MCA; IMP:
					 75-10-1304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.502 - INCORPORATION BY REFERENCE - PUBLICATION DATES (Repealed)

Current through Register Vol. 13, July 5, 2024
75-10-1303,
					 75-10-1304, MCA; IMP,
					 75-10-1303,
					 75-10-1304,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.503 - INCORPORATION BY REFERENCE (Repealed)

Current through Register Vol. 13, July 5, 2024
75-10-1303,
					 75-10-1304, MCA; IMP,
					 75-10-1303,
					 75-10-1304,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.505 - DECONTAMINATION STANDARD

Current through Register Vol. 13, July 5, 2024
(1) The inhabitable
				property decontamination standard for methamphetamine may not exceed 1.5
				micrograms per 100 square centimeters of surface material.
AUTH:
					 75-10-1303,
					 MCA; IMP:
					 75-10-1303,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.506 - DECONTAMINATION PERFORMANCE, ASSESSMENT, AND INSPECTION

Current through Register Vol. 13, July 5, 2024
(1) The department requires the certified
				methamphetamine cleanup contractor to submit the following documentation for
				the department to confirm that the decontamination standard provided in
				75-5-1303, MCA, has been met for an inhabitable property, and for the
				department to remove the property from the list of contaminated property
				maintained pursuant to
				75-10-1306,
				MCA:
(a) the assessment plan, which shall be
				prepared by a certified methamphetamine cleanup contractor in accordance with
				ARM 17.74.520;
(b) the
				decontamination work plan, which shall be prepared by a certified
				methamphetamine cleanup contractor in accordance with ARM 17.74.520;
				and
(c) documentation that the
				decontamination standard in
				75-10-1303,
				MCA, is met pursuant to representative sampling and inspection conducted in
				accordance with the final clearance plan, which shall be prepared by a
				certified methamphetamine cleanup contractor in accordance with ARM
				17.74.520.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.507 - PERFORMANCE STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The following
				must be completed by certified methamphetamine cleanup contractors:
(a) site assessment, work, disposal of
				contaminated material, and post-decontamination final sampling performed in
				accordance with department-approved work plans;
(b) preparation and submittal of an
				assessment, work, or final clearance plan for department review and written
				approval prior to beginning site assessment, decontamination work, or final
				clearance sampling; and
(c) final
				clearance sampling is conducted by an independent certified methamphetamine
				cleanup contractor who is not the certified methamphetamine cleanup contractor
				or employed by the certified methamphetamine cleanup contractor that performed
				the decontamination work.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.508 - CONTRACTOR CERTIFICATION AND RENEWAL

Current through Register Vol. 13, July 5, 2024
(1)
				An applicant for department certification as a methamphetamine cleanup
				contractor shall:
(a) provide evidence of
				successful completion of HAZWOPER training, consisting of an initial 40-hour
				HAZWOPER or current eight-hour HAZWOPER refresher, conducted pursuant to
				29 CFR
				1910.120;
(b) provide evidence of successful completion
				of a department-approved initial 16-hour methamphetamine cleanup contractor
				course and submit to the department a copy of the methamphetamine cleanup
				contractor certificate of course completion issued by the training provider
				pursuant to ARM
				17.74.514(2)(f);
(c) a completed application for certification
				as methamphetamine cleanup contractor;
(d) the fee established in ARM
				17.74.518;
				and
(e) if the applicant completed
				the initial methamphetamine cleanup contractor course more than six months
				prior to the application date, written evidence of completion of an eight-hour
				refresher class.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.509 - WORKER AND SUPERVISOR CERTIFICATION (Repealed)

Current through Register Vol. 13, July 5, 2024
75-10-1304, MCA; IMP,
					 75-10-1304,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.510 - WORKER AND SUPERVISOR CERTIFICATION RENEWAL (Repealed)

Current through Register Vol. 13, July 5, 2024
75-10-1304, MCA; IMP,
					 75-10-1304,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.511 - INITIAL TRAINING COURSE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Initial methamphetamine cleanup contractor training courses must be taught by a
				person with a current methamphetamine cleanup contractor training provider
				certificate issued pursuant to ARM
				17.74.514
				and must include a minimum of 16 hours of methamphetamine cleanup contractor
				training that covers:
(a) state and federal
				laws, rules, and regulations applicable to clandestine methamphetamine
				manufacturing or the smoke from the use of methamphetamine including, but not
				limited to:
(i) the Federal Occupational
				Safety and Health Act,
				29
				USC 651 et seq.; and
(ii) this subchapter;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.512 - REFRESHER TRAINING COURSE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				Certified methamphetamine cleanup contractor refresher training courses must be
				taught by a person with a current training provider certificate issued pursuant
				to ARM
				17.74.514
				and must include, at a minimum, eight hours of training. This training must
				include:
(a) a thorough review of the
				subjects required under ARM
				17.74.511;
(b) an update of information on
				state-of-the-art procedures and equipment;
(c) a review of regulatory changes and
				interpretation; and
(d) other
				subjects as necessary to update information on new technology and
				procedures.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.513 - RECIPROCITY

Current through Register Vol. 13, July 5, 2024
(1) The department shall provide reciprocal
				certification for contractors trained and certified in another state when the
				standards and training of the other state are substantially similar to those of
				this subchapter.
(2) An applicant
				for reciprocity shall submit to the department:
(a) a completed application for certification
				as a methamphetamine cleanup contractor under ARM
				17.74.508;
(b) documentation of specialized training for
				methamphetamine decontamination, which may include a certificate of training
				course completion that meets the requirements in ARM 17.74.508;
(c) evidence of successful completion of
				HAZWOPER training, consisting of an initial 40-hour HAZWOPER or current
				eight-hour HAZWOPER refresher; and
(d) the fee prescribed in ARM
				17.74.518.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.515 - CERTIFIED TRAINING PROVIDER RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) A certified methamphetamine cleanup
				contractor training provider shall:
(a)
				notify the department in writing at least 10 working days before any
				methamphetamine cleanup contractor training is scheduled to begin. The
				notification must include the dates and times of the methamphetamine cleanup
				contractor training, the methamphetamine cleanup contractor training
				provider(s), and the address where methamphetamine cleanup contractor training
				will be conducted;
(b) limit the
				size of each class to a level that is appropriate for learning the course
				content;
(c) incorporate into
				training any required subject matter developed by the department; and
(d) notify the department in writing at least
				10 working days before any methamphetamine cleanup contractor training is
				scheduled to begin of any changes to the methamphetamine cleanup contractor
				trainingincluding, but not limited to, changes involving the methamphetamine
				cleanup contractor training provider(s) or changes in methamphetamine cleanup
				contractor training course materials.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.516 - TRAINING PROVIDER CERTIFICATION RENEWAL

Current through Register Vol. 13, July 5, 2024
(1) An applicant for renewal of
				methamphetamine cleanup contractor training provider certification shall submit
				the following to the department at least 30 working days before expiration of
				the current certificate:
(a) a completed
				methamphetamine cleanup contractor training provider application as prescribed
				in ARM
				17.74.514(2);
(b) a copy of the current methamphetamine
				cleanup contractor certification issued by the department;
(c) the fee prescribed in ARM
				17.74.518;
				and
(d) any information required
				under ARM
				17.74.514
				and requested by the department, to verify the methamphetamine cleanup
				contractor training provider will offer courses that are up to date and will
				adequately train methamphetamine cleanup contractors to perform methamphetamine
				assessment, decontamination work, and final clearances to meet the standards
				and requirements of this subchapter and the provisions of the Methamphetamine
				Cleanup Act,
				75-10-1301
				through
				75-10-1306,
				MCA.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.517 - DENIAL, SUSPENSION, AND REVOCATION OF CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The department may deny, suspend, or
				revoke the certification of a methamphetamine cleanup contractor contractor or
				methamphetamine cleanup contractor training provider who fails to meet any of
				the requirements of this subchapter.
(2) The department may suspend or revoke the
				certification of a methamphetamine cleanup contractor or methamphetamine
				cleanup contractor training provider who obtains a certificate as either a
				methamphetamine cleanup contractor or methamphetamine cleanup contractor
				training provider by error, fraud, or misrepresentation.
(3) When the department believes there is
				cause for denial, suspension, or revocation of the certification of a
				methamphetamine cleanup contractor or methamphetamine cleanup contractor
				training provider under (1) or (2), it shall serve written notice of the
				department's determination and the basis for the department's action to deny,
				suspend, or revoke certification. The notice must specify the reason for
				denial, suspension, or revocation of a methamphetamine cleanup contractor or
				methamphetamine cleanup contractor training provider certification and shall
				include an order to take necessary corrective action within a reasonable period
				of time. An order becomes final unless, within 30 working days after the order
				is received, the methamphetamine cleanup contractor or methamphetamine cleanup
				contractor training provider named in the order requests, in writing, a hearing
				before the department.
AUTH:
					 75-10-1304,
					 MCA; IMP:
					 75-10-1304,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.518 - FEES

Current through Register Vol. 13, July 5, 2024
(1) Concurrent with submittal of an
				application under this subchapter, the applicant shall pay the following fees:
(a) $500 for each initial, renewal, or
				reciprocal methamphetamine cleanup contractor certificate application;
				and
(b) $500 for each initial or
				renewal methamphetamine cleanup contractor training provider certificate
				application.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.74 - NOISE, ASBESTOS CONTROL, METHAMPHETAMINE CLEANUP › Subchapter 17.74.5 - Methamphetamine Cleanup › Rule 17.74.519 - SAMPLING PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The following
				sampling procedures must be followed to assess contamination and to verify the
				attainment of the decontamination standards within inhabitable
				structures:
(2) The department may
				approve an equivalent method, in advance if the method is at least as
				stringentas the method in (1).
(3)
				Each sampling event shall include a minimum of one laboratory blank, identified
				in a manner that avoids identification as a blank.
(4) Each sampling plan shall include a
				minimum of two discretionary samples, to be utilized at the methamphetamine
				certified contractor's discretion based on updated field observations. When
				utilized these samples will be incorporated into the chain of custody, analysis
				by the laboratory, and final report.
(5) An assessment or clearance plan shall
				incorporate a sampling plan that follows an authoritative sampling approach,
				which uses professional judgment to target areas suspected to have the highest
				levels of contamination within the inhabitable property and unless otherwise
				approved by the department, shall include:
(a)
				samples from each room or area within the inhabitable property known, based on
				credible evidence or documentation, to have contained a CML or to have been
				exposed to contamination from methamphetamine smoking;
(b) at least two samples from each room or
				area within the inhabitable property where methamphetamine manufacturing or
				smoking is suspected to have occurred;
(c) at least one sample from each heating,
				ventilation, and air conditioning (HVAC) system's return side when such systems
				are present in the inhabitable property; and
(d) at least one sample from each exhaust fan
				when exhaust fans are present in the inhabitable property, unless assumed to be
				contaminated by the contractor.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.80 - AIR AND WATER QUALITY - TAX CERTIFICATION › Subchapter 17.80.1 - Tax Certification for Pollution Control Equipment › Rule 17.80.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purpose of this subchapter, the following definitions
				  apply, in addition to the definitions contained in
				  15-6-135, MCA:
(1) "Apportionment" means the identification
				of the extent to which multi-purpose property, facilities, machinery, devices
				or equipment are used for pollution control purposes.
(2) "DEQ" means the Montana department of
				environmental quality.
(3) "DOR"
				means the Montana department of revenue.
(4) "Substantial compliance" means either
				full compliance with all applicable rules, laws, orders, or permit conditions,
				or noncompliance with such requirements, provided that incidents of
				noncompliance are isolated or casual, do not involve continuous acts or
				patterns of noncompliance, and do not result in the initiation by DEQ of an
				administrative or judicial enforcement action. For purposes of this definition,
				issuance by DEQ of a citation or a notice of violation, without an accompanying
				compliance or penalty order, does not constitute the initiation of an
				enforcement action.
15-6-135, MCA; IMP,
					 15-6-135,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.80 - AIR AND WATER QUALITY - TAX CERTIFICATION › Subchapter 17.80.1 - Tax Certification for Pollution Control Equipment › Rule 17.80.102 - APPLICATION FOR CERTIFICATION AS AIR OR WATER POLLUTION EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) Applications for certification pursuant
				to this subchapter must be made on forms prescribed by DEQ. Application forms
				must be made available by DOR.
(2)
				The applicant shall submit an original signed application to DEQ with copies to
				DOR and the county commissioners of the county in which the property is
				located. Applications must contain the following information:
(a) a detailed description of the air or
				water pollution equipment and how it functions to control pollution. Design or
				engineering drawings showing the placement and use of the equipment must be
				provided;
(b) if the equipment is
				used for purposes other than pollution control, a description of the extent to
				which the equipment is or will be used for each purpose;
(c) itemization of capital and operating
				costs associated with the equipment, with apportionment of costs to multiple
				purposes, when applicable;
(d)
				identification of existing or pending air or water quality permits for the
				equipment, and a description of the applicant's compliance status in regard to
				rules, laws, orders, and permit conditions applicable to the
				equipment;
(e) certification that
				the applicant is in substantial compliance with all rules, laws, orders, and
				permit conditions applicable to the equipment; and
(f) certification that the information
				provided in the application is correct and complete.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.80 - AIR AND WATER QUALITY - TAX CERTIFICATION › Subchapter 17.80.1 - Tax Certification for Pollution Control Equipment › Rule 17.80.103 - ELIGIBILITY CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) To be certified
				as air and water pollution equipment, property, facilities, machinery, devices,
				and equipment must meet the definition of air and water pollution equipment
				contained in
				15-6-135, MCA.
(2) As provided in
				15-6-135(2) (a),
				MCA, operational techniques that reduce pollutants but do not require the
				installation or modification of specific facilities, machinery, devices, or
				equipment are not eligible for certification under this subchapter.
(3) To the extent that air or water pollution
				equipment is used for production or any purpose other than pollution control,
				it is not eligible for certification under this subchapter. Pursuant to the
				procedures in ARM
				17.80.104, DEQ shall apportion the
				value of multipurpose equipment into that used for production and other
				purposes and that used for pollution control.
(4) For certification to be granted, an
				applicant must be in substantial compliance, on the date of application, with
				all rules, laws, orders, and permit conditions applicable to the equipment that
				is the subject of the application. Certification shall remain in effect only
				for as long as substantial compliance continues. Procedures for compliance
				inspection are as provided in ARM
				17.80.105.
(5) Examples of equipment or facilities that
				may, to the extent used for pollution control purposes, qualify for
				certification include, but are not limited to, the following:
(a) inertial separators (cyclones,
				multiclones) ;
(b) wet collection
				devices (scrubbers) ;
(c)
				electrostatic precipitators;
(d)
				cloth filter collectors (baghouses) ;
(e) vapor recovery systems;
(f) wastewater treatment
				facilities;
(g) plants or equipment
				that render water safe for discharge;
(h) wastewater recycling systems that store
				or prevent pollutants from reaching the environment;
(i) spill control systems;
(j) secondary storage pond liners;
(k) monitoring wells that are part of a
				pollution control system.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.80 - AIR AND WATER QUALITY - TAX CERTIFICATION › Subchapter 17.80.1 - Tax Certification for Pollution Control Equipment › Rule 17.80.104 - APPORTIONMENT PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) When air or
				water pollution equipment is used for production or any other purpose in
				addition to pollution control, DEQ shall conduct an apportionment so that the
				certified portion of the multi-purpose equipment reflects the extent to which
				it is used for pollution control purposes.
(2) The applicant shall provide DEQ with all
				information necessary to conduct an apportionment under this rule. DEQ shall
				conduct the apportionment based upon the specific facts and circumstances of
				each case. Methods for apportionment include, but are not limited to, the
				following:
(a) determination of the
				difference in value between equipment with integrated pollution controls and
				similar equipment without pollution controls. An example is a fluidized bed
				boiler with limestone injection for air emission control. The value of the
				fluidized bed boiler would be compared with the value of a similarly-sized
				conventional boiler, and the difference would be certified as the air pollution
				equipment value;
(b) determination
				of the difference in value between a facility designed for multiple purposes
				and a facility designed for pollution control only. The difference would be
				denied certification;
(c)
				distinguishing between equipment in a facility or process that removes
				pollutants and equipment that is used for production or other
				purposes;
(d) any other method
				based on specific facts and circumstances that achieves a fair and reasonable
				apportionment of pollution control and other uses.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.80 - AIR AND WATER QUALITY - TAX CERTIFICATION › Subchapter 17.80.1 - Tax Certification for Pollution Control Equipment › Rule 17.80.105 - COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) DEQ shall conduct periodic inspections of
				certified pollution control equipment for the purpose of determining whether
				the applicant is in substantial compliance with all applicable rules, laws,
				orders, and permit conditions. These inspections may be part of any required
				air or water quality inspection.
(2) DEQ shall provide written notice of its
				determination of a failure of substantial compliance to the applicant, the DOR,
				and the appropriate county commissioners. In the event that substantial
				compliance is restored, the applicant must provide DEQ with written notice, and
				DEQ shall conduct an inspection and report its compliance determination to the
				applicant, the DOR, and the appropriate county commissioners within a
				reasonable time thereafter.
(3) DEQ
				must submit certification and compliance determinations to DOR no later than
				February 1 of the year following the year for which tax adjustments are
				sought.
15-6-135, MCA; IMP,
					 15-6-135,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.80 - AIR AND WATER QUALITY - TAX CERTIFICATION › Subchapter 17.80.1 - Tax Certification for Pollution Control Equipment › Rule 17.80.106 - INFORMAL CONFERENCE

Current through Register Vol. 13, July 5, 2024
(1) DEQ shall
				provide an applicant with an opportunity for an informal conference for
				reconsideration of a department determination regarding certification or
				noncompliance. The applicant must request an informal conference in writing
				within 10 days after receiving a notice of certification or
				noncompliance.
15-6-135, MCA; IMP,
					 15-6-135,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.80 - AIR AND WATER QUALITY - TAX CERTIFICATION › Subchapter 17.80.2 - Tax Abatement and Classification › Rule 17.80.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, unless indicated otherwise, the
				  following definitions apply:
(1)
				"Carbon dioxide" means a substance that is comprised of no less than 90% carbon
				dioxide by volume. All calculations of carbon dioxide purity must be made at
				the location of transfer from the carbon dioxide pipeline to the carbon
				sequestration point.
(2)
				"Catastrophic circumstances," within the meaning of
				15-6-158(2)(e),
				MCA, means a great and sudden, extraordinary, unexpected, and unforeseeable
				disaster or failure of equipment that is beyond the control of the owner and
				operator of a closed-loop enhanced oil recovery operation, that could not have
				been prevented, and that substantially interferes with the owner and operator's
				ability to retain injected carbon dioxide.
(3) "Department" means the Department of
				Environmental Quality provided for in Title 2, chapter 15, part 39,
				MCA.
(4) "Location," within the
				meaning of
				15-6-158(2)(d),
				MCA, means the injection well field, the pipeline terminus, the pipeline
				header, or the equipment related to a closed-loop enhanced oil recovery
				operation.
(5) "Retains," within
				the meaning of
				15-6-158(2)(e),
				MCA, means that the carbon dioxide is controlled by the operator underground,
				within the closed-loop system or in some other manner.
(6) "Unforeseen circumstances," within the
				meaning of
				15-6-158(2)(e),
				MCA, means circumstances beyond the control of the owner and operator of a
				closed-loop enhanced oil recovery operation that could not reasonably have been
				foreseen and that substantially interfere with the owner and operator's ability
				to retain injected carbon dioxide.
15-24-3116, MCA; IMP,
					 15-24-3112,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.80 - AIR AND WATER QUALITY - TAX CERTIFICATION › Subchapter 17.80.2 - Tax Abatement and Classification › Rule 17.80.202 - CERTIFICATION OF ELIGIBILITY FOR TAX ABATEMENT OR CLASSIFICATION AS CLASS FOURTEEN OR FIFTEEN PROPERTY

Current through Register Vol. 13, July 5, 2024
(1) A taxpayer who
				wishes to obtain a certificate of eligibility for abatement of property tax
				liability under
				15-24-3111, MCA, for
				classification of property as class fourteen property under
				15-6-157, MCA, or for
				classification of property as class fifteen property under
				15-6-158, MCA, shall submit to the
				department a completed application for certification on a form available from
				the department.
(2) Within 30 days
				of receipt of an application pursuant to (1), the department shall determine
				whether the application is complete and notify the applicant in writing of its
				determination. The time for this determination may be extended upon written
				consent of the applicant. If the department determines that the application is
				incomplete, the department shall also describe the deficiencies. The applicant
				may then supplement the application or submit a new application.
(3) Within 60 days of a determination of
				completeness pursuant to (2), the department shall issue a certification or
				deny the application and notify the applicant of its decision in writing. The
				time for this determination may be extended upon written consent of the
				applicant. If the department denies the application, it shall include in the
				notice a statement of the reasons that the application was denied and a
				notification of the applicant's right to review of the denial pursuant to
				15-24-3112, MCA. If the department
				grants the certification, it shall also notify the Department of Revenue in
				writing.
(4) A certification
				remains in effect until revoked pursuant to this subchapter.
15-24-3116, MCA; IMP,
					 15-6-157,
					 15-6-158, 15-6-3112,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.80 - AIR AND WATER QUALITY - TAX CERTIFICATION › Subchapter 17.80.2 - Tax Abatement and Classification › Rule 17.80.203 - APPLICATION REQUIREMENTS AND DECISION CRITERIA: ALTERNATING CURRENT TRANSMISSION LINES UNDER 15-6-157(1)(q), MCA

Current through Register Vol. 13, July 5, 2024
(1)
				A person who wishes to obtain a certification of the qualified portion of an
				alternating current transmission line pursuant to
				15-6-157(1)(q),
				MCA, shall file an application on a form provided by the department pursuant to
				ARM 17.80.201. The application must
				contain the following information:
(a) the
				name and address of the applicant;
(b) a description of the line for which
				certification is sought, including its associated equipment and structures,
				including interconnections;
(i) for lines
				still under construction at the end of a tax year, this would be a general
				description of the complete line, with a more detailed description of that
				portion for which certification is sought;
(c) a listing of all wage rates paid for
				construction of the transmission line in Montana, including its associated
				equipment and structures, including interconnections;
(d) the date construction of the transmission
				line, as defined in
				15-24-3102, MCA, was commenced in
				Montana;
(e) the total transfer
				capability of the transmission line established through the Western Electricity
				Coordinating Council (WECC) path rating process, or for transmission lines
				which are not covered by the WECC path rating process, by the capability
				determined by the balancing authority under whose jurisdiction the line
				is;
(f) a list of the Montana
				electricity generating facilities that are, or will be, class fourteen property
				under 15-6-157, MCA, for which a firm
				contract for transmission service, available throughout each year of the
				contract, has been obtained, including:
(i)
				the location, or proposed location, of each generating facility;
(ii) the period for which each facility has
				secured firm contract for transmission service throughout each year;
(iii) documentation of the amount of firm
				transmission on the line that has been secured for each generating facility
				throughout each year. If this amount is not the same throughout the year, the
				applicant shall describe the different amounts and the length of periods during
				which those amounts apply; and
(iv)
				name, address, and telephone number of contact person for each
				facility.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.80 - AIR AND WATER QUALITY - TAX CERTIFICATION › Subchapter 17.80.2 - Tax Abatement and Classification › Rule 17.80.206 - CLOSED-LOOP ENHANCED OIL RECOVERY OPERATION EQUIPMENT COMPLIANCE DEMONSTRATION

Current through Register Vol. 13, July 5, 2024
(1) If a
				taxpayer, who receives certification by the department of equipment used in a
				closed-loop enhanced oil recovery operation, does not substantially comply with
				the requirements specified in each underground injection control permit, issued
				by the Montana Board of Oil and Gas Conservation for the operation, or
				specified in the applicable rules adopted by the Montana Board of Oil and Gas
				Conservation, the department may revoke the certification.
(2) If monitoring of a closed-loop enhanced
				oil recovery operation demonstrates that the equipment fails to maintain
				substantial compliance with eligibility requirements for tax classification or
				abatement, the department may revoke the certificate of eligibility, or a
				portion of the certificate of eligibility.
15-24-3116, MCA; IMP,
					 15-24-3112,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.80 - AIR AND WATER QUALITY - TAX CERTIFICATION › Subchapter 17.80.2 - Tax Abatement and Classification › Rule 17.80.225 - REVOCATION OF CERTIFICATE

Current through Register Vol. 13, July 5, 2024
(1) Pursuant to
				15-6-157(5)(a),
				MCA, the department shall review certification of a transmission line ten years
				after the line is operational and, if the property no longer meets the
				requirements of
				15-6-157, MCA, the department
				shall revoke the certification. Within the 30-day period preceding January 1 of
				the tenth year after the line is operational, the owner of a transmission line
				who has received certification of eligibility for tax classification or
				abatement from the department under this subchapter shall submit to the
				department a certified statement as to whether there have been any substantial
				changes that could affect eligibility for the classification or abatement. If
				there have been any substantial changes that could affect eligibility, the
				taxpayer shall fully describe those changes.
(2) A taxpayer, other than the owner of a
				transmission line, who has received certification of eligibility for tax
				classification or abatement from the department under this subchapter shall
				submit to the department, by January 31 of each subsequent calendar year, a
				certified statement as to whether there have been in the last tax year, or will
				be in the present tax year, any substantial changes to the facility or
				equipment, or to operation of the facility or equipment. If there have been, or
				will be, any substantial changes, the taxpayer shall fully describe those
				changes. Substantial changes include, but are not limited to:
(a) decreases in the purity of carbon dioxide
				transported or injected during the last tax year, or expected to be transported
				or injected during the next tax year;
(b) changes in the source(s) of carbon
				dioxide transported or injected;
(c) for closed-loop enhanced oil recovery
				operations, changes in numbers and locations of injection wells associated with
				the operation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.101 - POLICY AND PURPOSE OF RULES

Current through Register Vol. 13, July 5, 2024
(1) Title 90,
				chapter 4, part 1, MCA, provides grant and loan funding through the department
				to stimulate research, development, demonstration, and commercialization of
				renewable energy sources. The policy and purpose of this subchapter are to
				provide criteria and guidelines to aid in implementing the law; to prescribe
				the form and content of applications; to provide policies and procedures for
				the preparation, evaluation and administration of those applications; to
				prescribe the terms and conditions for making grants and loans; and to
				establish interest charges for loans.
90-4-104, MCA; IMP,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires otherwise, as used in this
				  subchapter:
(1) "Act" means Title 90,
				chapter 4, part 1, MCA.
(2)
				"Commercialization" means the engagement by a new or expanding business
				incorporated, licensed or otherwise authorized to do business in Montana in
				developing, designing, building, manufacturing, marketing, distributing, or
				selling renewable energy forms, processes, systems, system components or
				information.
(3) "Contract
				monitoring" means a purposeful examination and supervision of a contractor's
				performance, plans, records, reports and expenditures to insure compliance with
				the terms and conditions described in a contractual agreement with the
				department.
(4) "Demonstration"
				means a physical display or example to illustrate the operation of a renewable
				energy system or device and to provide evidence of its performance to a large
				population.
(5) "Development" means
				an activity that utilizes the results of research or available knowledge and
				applies those results or knowledge to the design, construction and testing of
				hardware, models, or prototypes.
(6)
				"Educational or informational project" means any project that stimulates
				research, development, demonstration, commercialization or use of renewable
				energy through workshops, publications, curriculum development, technical
				assistance services, audio-visual materials, or other means.
(7) "Financial institution" means any state
				or federally chartered commercial bank, savings and loan association or credit
				union authorized to do business or domiciled in the state of Montana and whose
				deposits are insured by the federal deposit insurance corporation (FDIC), the
				federal savings and loan insurance corporation (FSLIC) or the national credit
				union administration (NCUA). It shall also mean the farmer's home
				administration, the federal land bank and the production credit
				association.
(8) "Performance
				monitoring" means a systematic check, test, or investigation to collect,
				record, and interpret data that will describe the efficiency, energy output, or
				other operational functions of a renewable energy system or device.
(9) "Person" means, as defined in
				90-4-102(2), MCA,
				"a natural person, corporation, partnership, or other business entity,
				association, trust, foundation, any educational or scientific institution, or
				any governmental unit."
(10)
				"Research" means a systematic study to discover facts or to discover or revise
				theories that will bring to a more advanced state the capabilities,
				understanding, availability, and suitability of a renewable energy
				source.
90-4-104, MCA; IMP,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.103 - ELIGIBLE PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will fund projects that best enable the state to meet the legislative mandate
				to reduce reliance on nonrenewable energy sources.
(2) Only projects that will be conducted
				within Montana are eligible for funding.
(3) Funding will be granted only for projects
				that are applicable to Montana's energy needs.
(4) Only projects or those portions of
				projects directly related to the research, development, demonstration, or
				commercialization of renewable energy sources and educational or informational
				projects are eligible for funding.
(5) Applications dealing with energy storage
				devices that would promote more efficient utilization of renewable energy will
				be considered.
90-4-104, MCA; IMP,
					 90-4-101,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.104 - ELIGIBLE APPLICANTS

Current through Register Vol. 13, July 5, 2024
(1) Any person may
				make application for a grant or a loan to fund a project under the Act and
				these rules.
(2) Persons who are
				employees of the department, contractors of the department working on a
				conservation or renewable energy project other than under a renewable energy
				grant or loan, or are members of the board of environmental review or the
				renewable energy advisory council (REAC) and their immediate families are not
				eligible for funding. Persons who have a present grant or loan made under the
				Act and these rules are eligible to apply.
90-4-104, MCA; IMP,
					 90-4-104,
					 90-4-105,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.105 - RENEWABLE ENERGY ADVISORY COUNCIL

Current through Register Vol. 13, July 5, 2024
(1) The
				department may appoint a renewable energy advisory council (REAC) that may
				advise the department on matters pertaining to program development and make
				recommendations on funding projects. The department shall make the final
				decision concerning which projects will be funded.
90-4-104, MCA; IMP,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.106 - SIZE OF AWARDS

Current through Register Vol. 13, July 5, 2024
(1) The maximum
				award given to a single project or applicant as a grant or loan shall be less
				than the total project cost and shall not exceed 10% of the annual
				appropriation from the earmarked account. There is no minimum funding
				limit.
90-4-104, MCA; IMP,
					 90-4-101,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.107 - TYPE OF AWARD

Current through Register Vol. 13, July 5, 2024
(1) The department
				may award loans or grants. Commercialization projects will be considered for
				loan funding exclusively.
(2) The
				department will determine the appropriate type of funding based on the nature
				of the project.
90-4-104, MCA; IMP,
					 90-4-101,
					 90-4-104,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.111 - APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) An applicant shall submit an application
				on forms prescribed by the department.
(2) An applicant shall submit 4 copies of the
				application to the department at the time of filing, and shall provide
				additional copies as requested by the department.
90-4-104, MCA; IMP,
					 90-4-105,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.84 - RENEWABLE ENERGY GRANT AND LOAN PROGRAM › Subchapter 17.84.1 - Renewable Energy Grant and Loan Program › Rule 17.84.112 - SUPPLEMENTAL MATERIAL

Current through Register Vol. 13, July 5, 2024
(1) The applicant
				shall submit additional or supplemental material as requested by the
				department.
90-4-104, MCA; IMP,
					 90-4-104,
					 90-4-105,
					 MCA;