(1) The following rules implement provisions of the Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act, 10-3-1301 through 10-3-1310 , MCA, that are not self-implementing or otherwise require rules.

(2) The rules are supplemental to the act and must be read, interpreted, and applied in conjunction with the act itself.

(3) Under certain circumstances the administration and implementation of one or more provisions of the act or these rules may be affected by preemptive national and state security concerns.

Terminology used in these rules have the meanings assigned in the act and this rule, unless the context clearly dictates otherwise:

(1) "Account" means the radioactive waste transportation monitoring, emergency response, and training account as provided in 10-3-1304 , MCA.

(2) "Act" means the Montana High-Level Radioactive Waste and Transuranic Waste Transportation Act, codified at 10-3-1301 through 10-3-1310 , MCA.

(3) "Department of transportation" means the Montana department of transportation as provided at 2-15-2501 , MCA.

(4) "Disaster and emergency services division" means the disaster and emergency services division of the Montana department of military affairs as referenced in 20-3-1304 , MCA.

(5) "Highway patrol" means the Montana highway patrol as provided at 44-1-101 , MCA.

(6) "Local authority" means Montana counties, incorporated cities, and Indian nations and associated qualifying local emergency response entities.

(7) "Originating shipper" means the owner or the person designated by the owner or by law to arrange for transportation of the radioactive waste.

(8) "Owner" means the person who owns the radioactive waste.

(9) "Public safety answering point" means a communications facility operated on a 24-hour basis that first receives 911 calls from persons in a 911 service area and that may, as appropriate, directly dispatch public or private safety services or transfer or relay 911 calls to appropriate public safety agencies.

(10) "Public service commission" means the transportation and centralized services division of the Montana department of public service regulation, public service commission, as referenced at 2-15-2601 , 2-15-2602 , and 69-1-101 , MCA.

(11) "Radioactive waste" means high-level radioactive waste, spent nuclear fuel, or transuranic waste as defined at 10-3-1303 , MCA.

(12) "State authority" includes the disaster and emergency services division, department of transportation, highway patrol, and public service commission.

(13) "Transporter" means a railroad or motor carrier transporting radioactive waste.

(1) The primary contact point regarding administration and implementation of the act and these rules is: administrator, disaster and emergency services division, telephone (406) 841-3911, fax (406) 841-3965, street address 1900 Williams Street, Helena, Montana, and mailing address P.O. Box 4789, Helena, Montana 59604.

(1) The responsibilities of the owner and originating shipper (if not the owner) are as provided in 10-3-1305 and 10-3-1306 , MCA. The responsibilities include elements such as notification, accompanied by information and proofs prescribed, to the disaster and emergency services division, department of transportation, and the transporter. In addition to the information prescribed within 10-3-1305 , MCA, the owner and originating shipper (if not the owner) shall provide:

(a) the identity (name, address, telephone number, contact person) of the transporter;

(b) the identity (name, address, telephone number, contact person) of the entity responsible for payment of fees; and

(c) a certification that the disaster and emergency services division, department of transportation, and the transporter have been properly notified and provided all required information.

(2) The owner and originating shipper (if not the owner) shall personally verify that notification and the required information have actually been received by the disaster and emergency services division, department of transportation, and the transporter, prior to transportation of radioactive waste within or through Montana.

(3) In addition to the requirements of the act and these rules, the owner, originating shipper (if not the owner) , and the transporter shall be fully compliant with all other applicable state and federal motor carrier and rail regulations, including providing of notifications, payment of fees, and securing of permits, prior to transportation of radioactive waste within or through Montana.

(1) The disaster and emergency services division is the lead Montana authority regarding the act and these rules and is the primary Montana point-of-contact by the owner, originating shipper, and transporter of radioactive waste within or through Montana by motor vehicle or rail and by affected state authorities and local authorities.

(2) The disaster and emergency services division shall verify the owner and originating shipper (if not the owner) have provided all information as required by 10-3-1305 and 10-3-1306 , MCA, and these rules. The disaster and emergency services division shall verify that those required to receive notification and information as required by 10-3-1305 and 10-3-1306 , MCA, have received the notification and information.

(3) Upon approval of the notification and information provided, the disaster and emergency services division shall provide notification to the state and local authorities affected. Notification must include all essential information.

(4) Notification to the department of transportation must affirm the number of casks approved for transportation and the identity (name, address, and telephone number) of contact persons, including the person responsible for payment of fees as provided in 10-3-1307 , MCA.

(1) The responsibilities of the department of transportation are as provided at 10-3-1306 , MCA.

(2) Upon receipt of notification of approval by the disaster and emergency services division, the department of transportation shall contact the owner, originating shipper, transporter, or other to collect the required fees for transportation of radioactive waste by motor carrier or rail, issue permits as contemplated by the act, and deposit fees paid into the account.

(3) The department of transportation, in coordination with the highway patrol, will inspect motor carriers transporting radioactive waste within or through Montana.

(4) Compliance with the act and rules regarding fees, permits, and inspections related to transportation of radioactive waste does not relieve a motor carrier from general federal and Montana motor carrier regulations (e.g., weight, length, width, and height regulations) .

(1) The responsibilities of the highway patrol are as provided at 10-3-1308 , MCA.

(2) Upon receipt of notification of approval by the disaster and emergency services division, the highway patrol shall coordinate with the disaster and emergency services division and the department of transportation regarding specific information pertaining to the transportation of radioactive waste.

(3) Based on information received, the highway patrol shall initiate the appropriate level of response and either escort the shipment or otherwise monitor progress of the shipment along the route within or through Montana. Highway patrol response plans must be maintained and updated as necessary.

(1) The responsibilities of the public service commission are as provided at 10-3-1309 , MCA.

(2) The public service commission shall monitor transportation of radioactive waste by rail within or through Montana. Following notice of transportation of radioactive waste by rail within or through Montana, the public service commission shall coordinate with appropriate state authorities, agencies of the federal government, and the governments of states and nations bordering Montana, and to the extent necessary, governments of other states, in or through which the radioactive waste is being transported.

(3) The objective of public service commission monitoring is to ensure that necessary inspections, whether done by federally certified inspectors of the public service commission, federal government, or other states, demonstrate that track and rolling stock used for or affected by the transportation of radioactive waste by rail within or through Montana meet and will adhere to all federal and state conditions, serviceability, and operational requirements related to public safety.

(1) Disaster and emergency services division notification to the state authorities shall be by fax and telephone.

(1) The disaster and emergency services division will provide specific notification through the public safety answering point of all Montana local authorities directly affected by the intended route, and known or likely alternative (emergency) routes of transportation of radioactive waste within or through Montana.

(2) Notification by the disaster and emergency services division will be in accordance with federal department of energy minimum notification guidelines, to the extent circumstances allow. Notification may be modified for security purposes as determined or required by federal or state authorities.

(1) Local authorities must convey the disaster and emergency services division notification to the public safety answering point to the appropriate local authority offices, officers, and personnel according to the structure and response plans of the local authority's disaster and emergency services unit and its relationship with essential persons and entities (e.g., county sheriff, county road and bridge department, municipal police chief, municipal street department, etc.) .

(1) The disaster and emergency services division shall provide training for local jurisdiction emergency responders as part of normal disaster and emergency training programs. Local jurisdictions must be notified of the available training programs. Priority in training must be assigned to local jurisdictions on prescribed radioactive waste transportation routes.

(1) The department of transportation shall collect fees in accordance with the act. Fees collected must be deposited in the account administered by the disaster and emergency services division.

(2) The disaster and emergency services division shall disburse amounts from the fund for the purpose of reimbursements in accordance with the act and as follows:

(a) Local governments may receive reimbursement for training. Local governments shall determine the costs incurred for training and submit a bill to the disaster and emergency services division for reimbursement. Reimbursable costs incurred for local authority training are limited to training provided by or approved by the disaster and emergency services division and state approved rates for mileage, meals, and lodging associated with that training.

(b) Local governments may receive reimbursement for emergency response pertaining to transportation of radioactive waste. Local governments shall determine the costs incurred for an emergency response and submit a bill to the disaster and emergency services division for reimbursement.

(c) The highway patrol may receive reimbursement for monitoring or providing escorts of shipments of radioactive waste. The highway patrol shall determine the cost incurred and submit a bill to the disaster and emergency services division. Reimbursable costs for highway patrol monitoring or providing escorts are limited to state approved rates for mileage, meals, and lodging and that part of salaries properly designated overtime, if applicable.

(3) As an advisory rule pending legislative action in accordance with 10-3-1304 , MCA, priority of reimbursement to local governments and the highway patrol, if funds available from the account are limited, must be as follows:

(a) costs of local government emergency response activities;

(b) costs of highway patrol escort and monitoring activities;

(c) costs of local government training.