Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.9 - Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities › Rule 17.53.902 - EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL INTERIM STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) In
				40 CFR
				265.1(a), pertaining to the
				scope of permits, "state" is substituted for "national".
(2) In
				40 CFR
				265.1(b), pertaining to the
				scope of permits, "subchapter 12, the state permitting program" is substituted
				for "section 3005 of RCRA" in both places where it appears.
(3)
									40 CFR 265.1(c)
				(4), pertaining to the scope of permits, is
				not adopted and incorporated by reference.
(4) The requirements in
				40 CFR
				265.1(c)(5) are replaced
				with: "The standards set forth in this subchapter do not apply to owners or
				operators of solid waste management systems licensed by the department pursuant
				to ARM Title 17, chapter 50, subchapter 5, if the only hazardous waste the
				facility treats, stores, or disposes of is excluded from regulation by the
				requirements for very small quantity generators in
				40 CFR
				262.14, as incorporated by reference in ARM
				17.53.501(1)."
(5) In
				40 CFR
				265.12(a), pertaining to
				required notices, the references to "EPA" and "regional administrator" are
				retained.
(6) In
				40 CFR
				265.71, relating to the use of the manifest
				system, references to EPA are retained.
(7) ARM
				17.53.903 is
				substituted for
				40 CFR 265.75,
				pertaining to biennial reports, and all references to "biennial report" in 40
				CFR 265 are replaced with "annual report".
(8) In
				40 CFR
				265.143(g) and
				265.145(g),
				pertaining to financial assurance and cost estimates for closure and
				post-closure, the language "If the facilities covered by the mechanism are in
				more than one state, identical evidence of financial assurance must be
				submitted to and maintained by the director and submitted to the director of
				the environmental agency in each of the states within which the other
				facilities are located. If a facility is located in an unauthorized state, the
				evidence must be submitted to the appropriate regional administrator." is
				substituted for "If the facilities covered by the mechanism are in more than
				one region, identical evidence of financial assurance must be submitted to and
				maintained with the regional administrators of all such regions."
(9)
									40 CFR
				265.149 and
				265.150,
				pertaining to use of state required mechanisms and state assumption of
				responsibility, are not adopted and incorporated by reference.
(10) In
				40 CFR
				265.191(a), pertaining to
				the compliance date for providing tank integrity assessments, "January 12,
				1988, for HSWA tanks, and March 15, 1991, for non-HSWA tanks" is substituted
				for "January 12, 1988".
(11) In
				40 CFR
				265.191(c), pertaining to
				the compliance date for providing tank integrity assessments, "July 14, 1986,
				for HSWA tanks, and March 15, 1991, for non-HSWA tanks, must conduct this
				assessment within 12 months after the date that the waste becomes a state
				regulated hazardous waste" is substituted for "July 14, 1986, must conduct this
				assessment within 12 months after the date that the waste becomes a hazardous
				waste".
(12) In
				40 CFR
				265.193(a) (2), pertaining
				to the compliance date for providing secondary containment for tanks, "within
				two years after January 12, 1987, for HSWA tanks, and within two years after
				March 15, 1991, for non-HSWA tanks" is substituted for "within two years after
				January 12, 1987".
(13) In
				40 CFR
				265.193(a) (3), pertaining
				to the compliance date for providing secondary containment for tanks, "within
				two years after January 12, 1987, for HSWA tanks, and within two years after
				March 15, 1991, for non-HSWA tanks" is substituted for "within two years after
				January 12, 1987".
(14) In
				40 CFR
				265.193(a) (4), "within
				eight years after January 12, 1987, for HSWA tanks, and within eight years
				after March 15, 1991, for non-HSWA tanks" is substituted for "within eight
				years of January 12, 1987"; and "within two years after January 12, 1991" is
				substituted for "within two years of January 12, 1987".
(15) In
				40 CFR
				265.193(a) (5), "January 12,
				1987, for HSWA tanks, and March 15, 1991, for non-HSWA tanks, within the time
				intervals required in paragraphs (a) (1) through (a) (4) of this section,
				except that the date that a material becomes a state regulated hazardous waste
				must be used in place of January 12, 1987, for HSWA tanks, and March 15, 1991,
				for non-HSWA tanks." is substituted for "January 12, 1987, within the time
				intervals required in paragraphs (a) (1) through (a) (4) of this section,
				except that the date that a material becomes a hazardous waste must be used in
				place of January 12, 1987".
(16) In
				40 CFR
				265.221(d) (2) (i) (C) and
				265.301(d) (2)
				(i) (C), "Title 17, chapter 53, subchapter
				12, the state permitting program" is substituted for "RCRA Section 3005(c) ".
				All references to RCRA section 3005 or 3005(c) concerning permitting in 40 CFR
				265, incorporated by reference at ARM
				17.53.901(1),
				also are replaced with "subchapter 12, the state permitting program".
(17) In
				40 CFR
				265.221(d) (2) (i) (B),
				265.301(d) (2)
				(i) (B) and
				265.314(g)
				(2), pertaining to the definition of the term
				"underground source of drinking water", "
				40
				CFR 270.2 " is substituted for "144.3 of this
				chapter".
(18) In
				40
				CFR 265.316(b), pertaining
				to lab packs, "(49 CFR Part 178) " is substituted for "(49 CFR Parts 178 and
				179) ".
(19)40 CFR 265, subpart R,
				pertaining to underground injection, is not adopted and incorporated by
				reference. Instead, interim status facilities that dispose of hazardous waste
				by underground injection are subject to the requirements in ARM
				17.53.102(3).
(20) In 40 CFR 265.440(a) , pertaining to
				drip pads, "December 6, 1990 for HSWA drip pads, and September 25, 1992 for
				non-HSWA drip pads" is substituted for "December 6, 1990".
(21) In
				40
				CFR 265.440(a), "December
				24, 1992 for HSWA drip pads, and September 25, 1992 for non-HSWA drip pads" is
				substituted for "December 24, 1992".
(22) In
				40
				CFR 265.1080(c) (1) and (2),
				"
				40
				CFR 124.5 " is substituted for "
				40 CFR
				124.15 ".
(23) In
				40 CFR 265.1083(c) (4)
				(ii), pertaining to treated organic hazardous
				constituents in waste, the second occurrence of "EPA" is retained.
AUTH:
					 75-10-404,
					 75-10-405,
					 MCA IMP:
					 75-10-405,
					 75-10-406,
					 MCA