Montana Code Annotated 2023

TITLE 82. MINERALS, OIL, AND GAS

CHAPTER 15. REGULATION OF PETROLEUM PRODUCTS

Part 1. Regulation of Manufacture and Distribution

Enforcement Of Part -- Rules

82-15-102. Enforcement of part -- rules. (1) Except as provided in subsection (2), this part must be enforced by the department. It may adopt necessary and reasonable rules for the implementation of the provisions and intent of this part, and those rules have the effect of law.

(2) Section 82-15-110(8) must be enforced by the department of environmental quality.

(3) The department of environmental quality shall adopt rules for the regulation of methyl tertiary butyl ether in accordance with this part. The rules must establish:

(a) a trace level or trace levels of methyl tertiary butyl ether that may be contained in gasoline that is imported into the state, stored, distributed, sold, offered or exposed for sale, or dispensed in the state of Montana. The department of environmental quality shall establish trace levels in a manner that prevents the intentional addition of methyl tertiary butyl ether to gasoline but that allows for a residual amount of methyl tertiary butyl ether to remain in tanks following implementation of 82-15-110(8).

(b) reasonable sampling and reporting requirements; and

(c) requirements that the department of environmental quality determines are reasonable and necessary for implementation of the portions of this part that apply to methyl tertiary butyl ether.

History: En. 60-235 by Sec. 2, Ch. 77, L. 1977; R.C.M. 1947, 60-235; amd. Sec. 1, Ch. 385, L. 2005; amd. Sec. 9, Ch. 452, L. 2005; amd. Sec. 110, Ch. 324, L. 2021.