Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.3 - Definitions › Rule 17.53.301 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) Except where inconsistent with the
				definitions in (2), the definitions in 40 CFR 260 through 268, 270, 273, and
				279 are adopted and incorporated by reference.
(2) In this chapter, the following terms
				shall have the meanings or interpretations shown below:
(a) The "act or RCRA" definition at
				40
				CFR 260.10 is excluded from the incorporation
				by reference at (1). "Act" has the meaning given to it at ARM
				17.53.107(1)
				(a).
(b) "Board" means the board of environmental
				review provided for in
				2-15-3502,
				MCA.
(c) "Calendar year" means a
				year beginning on January 1 and ending on December 31.
(d) "Commercial transfer facility" means a
				transfer facility owned or operated by a commercial for-hire transporter and in
				which the major purpose of the commercial transfer facility is the collection,
				storage, and transfer of hazardous wastes; that is, over 50% of the materials
				moved through the commercial transfer facility are hazardous wastes, or greater
				than 100 tons of materials moved through the commercial transfer facility per
				year are hazardous wastes. The term "commercial for-hire transporter" refers to
				a transporter who conducts transportation activity on a commercial basis, as
				opposed to a transporter that is the same business entity as the
				generator.
(e) "Department" means
				the Montana department of environmental quality provided for in
				2-15-3501,
				MCA.
(f) In the "existing tank
				system or existing component" definition at
				40
				CFR 260.10, the installation commencement
				date is July 14, 1986, for HSWA tanks, and June 7, 1989, for non-HSWA
				tanks.
(g) "HSWA" means Hazardous
				and Solid Waste Amendments of 1984.
(h) "HSWA drip pad" means a drip pad
				associated with F032 waste.
(i)
				"HSWA tank" means:
(i) a tank owned or
				operated by a generator of less than 1000 kg (2200 pounds) of hazardous waste
				per calendar month;
(ii) a new
				underground tank; or
(iii) an
				existing underground tank that cannot be entered for
				inspection.
(j) "Major
				HWM facility" means any HWM facility or activity classified as such by the
				department, in consultation with the EPA.
(k) "New tank system" or "new tank component"
				means a tank system or component that will be used for the storage or treatment
				of hazardous waste:
(i) for which installation
				commenced after July 14, 1986, for HSWA tanks, as defined in (2) (h) , and June
				7, 1989, for non-HSWA tanks, as defined in (2) (n); or
(ii) for the purposes of
				40 CFR
				264.193(g) (2) and 40 CFR
				265.193(g) (2) , for which construction commenced after January 12, 1987, for
				HSWA tanks and March 15, 1991, for non-HSWA tanks. (m) "Non-HSWA drip pad"
				means a drip pad associated with F034 or F035 waste.
(l) "Non-HSWA tank" means all tanks except:
(i) a tank owned or operated by a generator
				of less than 1000 kg (2200 pounds) of hazardous waste per calendar
				month;
(ii) a new underground tank;
				and
(iii) an existing underground
				tank that cannot be entered for inspection.
(m) "RCRA" when used prior to numbered
				citations, e.g., "RCRA §3008" means the Resource Conservation and Recovery
				Act. "RCRA" alone, without a numbered citation, has the same meaning as "act"
				as defined in ARM
				17.53.107(1)
				(a).
(n) "Registration" means notification by a
				hazardous waste generator through the use of a registration form provided by
				the department.
(o) "Registration
				year" means a calendar year for which generator registration is required and
				for which a registration fee is assessed.
(p) "Very small quantity generator" means a
				generator who generates less than or equal to the following amounts in a
				calendar month:
(i) 100 kilograms (220 pounds)
				of nonacute hazardous waste;
(ii) 1
				kilogram (2.2 pounds) of acute hazardous waste listed in
				40 CFR
				261.31 or 40 CFR 261.33(e); and
(iii) 100 kilograms (220 pounds) of any
				residue or contaminated soil, water, or other debris resulting from the cleanup
				of a spill, into or on any land or water, of any acute hazardous waste listed
				in
				40 CFR
				261.31 or 40 CFR
				261.33(e).