Montana Title 75. Environmental Protection § 75-2-207. State regulations no more stringent than federal regulations or guidelines--exceptions--procedure

(i) a public hearing is held;

(ii) public comment is allowed; and

(iii) the department makes a written finding after the public hearing and comment period that is based on evidence in the record that the proposed standard or requirement:

(c)(i) A person or entity affected by a rule of the department adopted after January 1, 1990, and before April 14, 1995, that the person or entity believes is more stringent than comparable federal regulations or guidelines may petition the department to review the rule.

(ii) If the department determines that the rule is more stringent than comparable federal regulations or guidelines, the department shall either revise the rule to conform to the federal regulations or guidelines or follow the process provided in subsections (2)(a) and (2)(b) within a reasonable period of time, not to exceed 6 months after receiving the petition.

(iii) A petition under this section does not relieve the petitioner of the duty to comply with the challenged rule. The department may charge a petition filing fee in an amount not to exceed $250.

(iv) A person may also petition the department for a rule review under subsection (2)(a) if the department adopts a rule after January 1, 1990, in an area in which no federal regulations or guidelines existed and the federal government subsequently establishes comparable regulations or guidelines that are less stringent than the previously adopted department rule.