75-2-503. Rulemaking authority — issuance of permits. (1) The department shall, subject to the provisions of 75-2-207, adopt rules establishing standards and procedures for accreditation of asbestos-related occupations and control of the work performed by persons in asbestos-related occupations. The rules must be consistent with federal law and include but are not limited to:

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Terms Used In Montana Code 75-2-503

  • Accreditation: means a certificate issued by the department that permits a person to work in an asbestos-related occupation. See Montana Code 75-2-502
  • Asbestos: means asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite, tremolite, or actinolite. See Montana Code 75-2-502
  • Asbestos project: means the encapsulation, enclosure, removal, repair, renovation, placement in new construction, demolition of asbestos in a building or other structure, or the transportation or disposal of asbestos-containing waste. See Montana Code 75-2-502
  • Asbestos-related occupation: means an inspector, management planner, project designer, contractor, supervisor, or worker for an asbestos project. See Montana Code 75-2-502
  • Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-2-502
  • Person: means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, state or municipal agency, political subdivision of the state, or any other entity. See Montana Code 75-2-502

(a)standards for training course review and approval;

(b)standards for accreditation of applicants for asbestos-related occupations;

(c)examination requirements for accreditation of applicants for asbestos-related occupations;

(d)requirements for renewal of accreditation, including periodic refresher courses;

(e)revocation of accreditation;

(f)inspection requirements for asbestos projects and asbestos-related occupations credentials;

(g)criteria to determine whether and what type of control measures are necessary for an asbestos project and whether a project is completed in a manner sufficient to protect public health, including criteria setting allowable limits on indoor airborne asbestos. A determination of whether asbestos abatement of a structure is necessary may not be based solely upon the results of airborne asbestos testing.

(h)requirements for issuance of asbestos project permits and conditions that permitholders shall meet;

(i)standards for seeking injunctions, criminal and civil penalties, or emergency actions;

(j)advance notification procedures and issuance of permits for asbestos projects; and

(k)fees, which must be commensurate with costs, for:

(i)review and approval of training courses;

(ii)application for and renewal of accreditation by a person seeking to pursue an asbestos-related occupation;

(iii)issuance and administration of asbestos project permits, including annual asbestos project permits for facilities; and

(iv)requested inspections of asbestos projects.

(2)For asbestos projects having a cost of $3,000 or less, the department shall issue asbestos project permits within 7 calendar days following the receipt of a properly completed permit application and the appropriate fee.