Montana Code 75-2-503. Rulemaking authority — issuance of permits
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:
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.