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Issue 3 - the Montana Secretary of State Website

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-341-<br />

Vanadium (Total) Vanadium<br />

Vinyl acetate 108-05-4 Acetic acid, e<strong>the</strong>nyl ester<br />

Vinyl chloride; Chloroe<strong>the</strong>ne 75-01-4 E<strong>the</strong>ne, chloro-<br />

Xylene (total)<br />

See footnote<br />

8<br />

Zinc (Total) Zinc<br />

Benzene, dimethyl-<br />

Footnote 1 remains as proposed.<br />

2 Chemical Abstracts Service registry number. Where "Total" is entered, all<br />

species in <strong>the</strong> ground water that contain this element are included.<br />

Footnotes (3) through (8) remain as proposed.<br />

NEW RULE XLII (17.50.1308) ASSESSMENT OF CORRECTIVE<br />

MEASURES (1) Within 90 days after a determination is made pursuant to ARM<br />

17.50.1307 that a constituent listed in Appendix II to 40 CFR Part 258 (July 1, 2008)<br />

has been detected at a statistically significant level exceeding <strong>the</strong> ground water<br />

protection standards defined under ARM 17.50.1307(8), or applicable <strong>Montana</strong><br />

ground water quality standards, <strong>the</strong> owner or operator <strong>of</strong> a facility shall:<br />

(a) remains as proposed.<br />

(b) submit to <strong>the</strong> department for approval an assessment <strong>of</strong> corrective<br />

measures that addresses <strong>the</strong> criteria listed in (3) and any o<strong>the</strong>r criteria determined<br />

by <strong>the</strong> department to be necessary to protect human health or <strong>the</strong> environment.<br />

(2) through (4) remain as proposed.<br />

NEW RULE XLIII (17.50.1309) SELECTION OF REMEDY (1) Based on <strong>the</strong><br />

results <strong>of</strong> a corrective measures assessment conducted under ARM 17.50.1308, <strong>the</strong><br />

owner or operator <strong>of</strong> a facility shall:<br />

(a) remains as proposed.<br />

(b) submit to <strong>the</strong> department for approval, within 90 days after <strong>the</strong> date <strong>of</strong> <strong>the</strong><br />

department's approval <strong>of</strong> <strong>the</strong> assessment <strong>of</strong> corrective measures plan required in<br />

ARM 17.50.1308, a selected remedy report describing how <strong>the</strong> selected remedy<br />

would meet <strong>the</strong> standards in (2) through (4), and how it would be implemented;<br />

(c) through (3)(e) remain as proposed.<br />

(4) An owner or operator required by (1) to select a remedy shall specify as<br />

part <strong>of</strong> <strong>the</strong> selected remedy a schedule(s) for initiating and completing remedial<br />

activities. Such a schedule must require <strong>the</strong> initiation <strong>of</strong> remedial activities within a<br />

reasonable period <strong>of</strong> time, taking into consideration <strong>the</strong> factors in (4)(a) through (h)<br />

(f). The owner or operator shall consider <strong>the</strong> following factors in determining <strong>the</strong><br />

schedule <strong>of</strong> remedial activities:<br />

(a) through (d) remain as proposed.<br />

(e) potential risks to human health and <strong>the</strong> environment from exposure to<br />

contamination prior to completion <strong>of</strong> <strong>the</strong> remedy; and<br />

(f) resource value <strong>of</strong> <strong>the</strong> aquifer, including:<br />

(i) through (vii) remain as proposed.<br />

3-2/11/10 <strong>Montana</strong> Administrative Register

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