1. (1) Chapters 23 and 57 of the IFC are adopted with the following additions and amendment:

   1. (a) 2304.5 Fuel Dispensing in Rural Areas. For public automotive motor vehicle fuel-dispensing stations located in rural areas:

   2. (b) 2304.5.1 General. When performed in the operation of a farm or ranch, or when approved by the chief, liquids used as fuels may be transferred from tank vehicles into the tanks of motor vehicles or special equipment, provided:

      1. The tank vehicle's specific function is that of supplying fuel to motor vehicle fuel tanks;

      2. The dispensing line does not exceed 50 feet (15,240 mm) in length;

      3. The dispensing nozzle is an approved type;

      4. The dispensing hose is properly placed on the approved reel or in a compartment provided before the tank vehicle is moved;

      5. Signs prohibiting smoking or open flame within 25 feet (7620 mm) of a tank vehicle or the point of refueling are prominently posted on the tank vehicle;

      6. Electrical devices and wiring in areas where fuel dispensing is conducted are in accordance with the Electrical Code;

      7. Tank vehicle dispensing equipment is operated only by designated personnel who are trained to handle and dispense motor fuels; and

      8. Provisions are made for controlling and mitigating unauthorized discharges.

   3. (c) 2304.5.2 Motor Vehicle Fuel Dispensing Stations. Motor vehicle fuel dispensing stations are not permitted at bulk plants which are not located in a rural area with the following exceptions:

      1. (i) Existing bulk plants which are not located in rural areas if the motor vehicle fuel-dispensing dispensers were installed prior to February 9, 1996, and if the dispensers are in compliance.
      2. (ii) Storage tanks which are located at bulk plants in rural areas and which are constructed and installed in compliance.
   4. (d) 2304.5.3 Rural Bulk Plants. Bulk plants located inside the districts defined as "rural" are permitted to incorporate motor vehicle fuel-dispensing stations. The motor vehicle fuel-dispensing stations shall be separated by a fence or similar barrier from the area in which bulk operations are conducted.
   5. (e) 2304.6 Rural Motor Vehicle Fuel-Dispensing Stations.
   6. (f) 2304.6.1 Plans submittal. Plans shall be submitted in accordance with these rules for public automotive motor vehicle fuel-dispensing stations located in rural areas.

   7. (g) 2304.6.2 Plans and specifications submittal. Plans and specifications shall be submitted for review and approval prior to the installation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area. A site plan shall be submitted which illustrates the location of flammable liquid, LP-gas, or CNG storage vessels, and their spatial relation to each other, property lines, and building openings. Both aboveground and underground storage vessels shall be shown on plans. For each type of station, plans and specifications shall include, but not be limited to, the following:

      1. Plans, blueprints, or drawings for the renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area that utilizes aboveground storage of flammable or combustible liquids, or both, must be submitted to the FPIS by registered receipt mail for approval before beginning construction. The FPIS shall approve or deny the plans within 50 calendar days or they are automatically considered approved.

   8. (h) 2304.6.3 Plan Approval. Prior to the proposed renovation or construction of a public automotive motor vehicle fuel-dispensing station located in a rural area, an applicant shall obtain a letter of approval from the local fire official responsible for fire protection. This letter and two sets of plans, blueprints, or drawings shall be submitted to the FPIS for examination and approval.
   9. (i) 2304.7 Locations of aboveground tanks. Aboveground storage tanks are not prohibited for private use on farms and ranches. EXCEPTION: Pursuant to 50-3-103, MCA, there are no requirements regarding diked areas or heat-actuated or other shut-off devices for storage tanks containing Class I or Class II liquids.

   10. (j) 2304.7.1 Disposal of Tanks. Tanks shall be disposed of in accordance with the following:

       1. Underground tanks shall be disposed of in accordance with American Petroleum Institute (API) 1604, Third Edition, March 1996, and the Department of Environmental Quality's underground storage tank requirements.

       2. All "unlisted" aboveground tanks which are no longer fit for continued service or which cannot be internally lined in accordance with nationally recognized standards, shall be disposed of in accordance with nationally recognized standards.

       3. API documents can be obtained from the American Petroleum Institute, 200 Massachusetts Ave NW, Suite 1100, Washington, D.C. 20001-5571 or www.api.org .

   11. (k) 2306.2.1.1 Inventory Control is amended by adding the following exceptions to the existing section: EXCEPTION: Other leak detection methods as approved by the Montana Department of Environmental Quality UST program are acceptable; and Unsupervised Dispensing requires a sign to provide an "EMERGENCY" telephone number.

Authorizing statute(s): 50-3-102, MCA

Implementing statute(s): 50-3-102, 50-3-103, MCA

History: NEW, 1996 MAR p. 439, Eff. 2/9/96; AMD, 1999 MAR p. 2860, Eff. 12/17/99; AMD, 2004 MAR p. 728, Eff. 3/26/04; TRANS, from ARM 23.7.306, 2008 MAR p. 1467, Eff. 7/18/08; AMD, 2010 MAR p. 395, Eff. 2/12/10; AMD, 2013 MAR p. 1338, Eff. 7/26/13; AMD, 2023 MAR p. 212, Eff. 3/11/23.