reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.1 - General Provisions › Rule 17.53.104 - ADMINISTRATIVE PENALTY

Current through Register Vol. 13, July 5, 2024
(1) Assessment of
				an administrative penalty under this rule must be made in conjunction with an
				administrative order, notice of violation, or other administrative action
				authorized under Title 75, chapter 10, part 4, MCA.
(a) The order, notice of violation, or notice
				of other administrative action may be served upon the violator or the
				violator's agent either by personal service or by certified mail. Service by
				mail is complete on the date of mailing.
(b) Each order, notice of violation, or
				notice of other administrative action that assesses an administrative penalty
				must include the following:
(i) a statement
				of the statutory or rule section(s) violated;
(ii) a statement of the facts constituting
				the violation(s) for which the penalty is assessed;
(iii) a statement of the amount of the
				penalty assessed; and
(iv) notice
				of opportunity to request a hearing before the board in accordance with
				(2).
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.1 - General Provisions › Rule 17.53.105 - INCORPORATION BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) In accordance
				with the Act, these rules establish a hazardous waste management program that
				is the equivalent of the federal hazardous waste management program established
				by the United States Congress under the Resource Conservation and Recovery Act
				of 1976 (42 USC 6901-6987) , as amended and administered by the EPA.
(2) In view of the Act's requirement of
				equivalency with the federal RCRA program and in order to simplify the
				rulemaking process and make the rules less cumbersome, in these rules, the
				department relies heavily upon adoption and incorporation by reference of
				federal requirements as set forth in Title 40 of the Code of Federal
				Regulations (CFR).
(3) References
				in this chapter that incorporate 40 CFR 60, 61, 63, 124, 260 through 268, 270,
				273, or 279 refer to the version of that publication revised as of July 1,
				2021. References in this chapter to 40 CFR 124, 260 through 268, 270, 273, or
				279 that incorporate publications refer to the version of the publication as
				specified at
				40 CFR
				260.11. Provisions within 40 CFR 60, 61, and
				63 that are referenced in 40 CFR 124, 260 through 268, 270, 273, or 279 are
				also incorporated by reference.
(4)
				Copies of the CFR are available from the U.S. Government Publishing Office
				--New Orders, P.O. Box 979050, St. Louis, MO 63197-9000, (866) 512-1800. The
				CFR can also be accessed at
https://www.govinfo.gov/app/collection/cfr
.
				Materials adopted and incorporated by reference in this chapter are also
				available for public inspection and copying at the Department of Environmental
				Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901.
(5) Where exceptions to incorporated federal
				regulations are necessary, these exceptions are noted in the rules.
(6) Cross-references within federal
				regulations adopted and incorporated by reference in these rules refer to the
				cross-referenced provision as adopted and incorporated by reference in this
				chapter with any indicated additions and exceptions.
(7) The adoption and incorporation by
				reference of federal regulations as state rules does not negate the requirement
				to comply with federal regulations that are not incorporated in this chapter
				and that are retained as federal authority.
AUTH:
					 75-10-405,
					 MCA IMP:
					 75-10-405,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.1 - General Provisions › Rule 17.53.106 - SUBSTITUTION OF STATE PERMITTING PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
75-10-405, MCA; IMP,
					 75-10-405,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.1 - General Provisions › Rule 17.53.107 - SUBSTITUTION OF STATE TERMS FOR FEDERAL TERMS

Current through Register Vol. 13, July 5, 2024
(1)
				The following terms used in 40 CFR 124, 260 through 268, 270, 273, or 279, as
				adopted and incorporated by reference in this chapter, have the meanings
				specified below, unless otherwise indicated in these rules:
(a) "Act" means the Montana Hazardous Waste
				Act, Title 75, chapter 10, part 4, MCA.
(b) "Administrator" means the director of the
				Montana Department of Environmental Quality.
(c) "Agency" means the Montana Department of
				Environmental Quality.
(d)
				"Director" means the director of the Montana Department of Environmental
				Quality.
(e) "Environmental
				Protection Agency", "U.S. Environmental Protection Agency", or "EPA" means the
				Montana Department of Environmental Quality, except for:
(i) any references to "EPA form", "EPA
				identification number", "EPA hazardous waste number", "EPA publication", "EPA
				acknowledgement of consent"; and
(ii) any reference to EPA in
				40
				CFR 273.32(a)
				(3).
(f) "Non-hazardous solid waste" means solid
				waste (see ARM
				17.53.102(1))
				.
(g) "He" means he, she, or it,
				without regard to gender.
(h)
				"Notification requirements of section 3010" means the notification requirements
				of this chapter.
(i) "RCRA permit"
				means state hazardous waste permit.
(j) "Regional administrator" means the
				director of the Montana Department of Environmental Quality.
(k) "She" means he, she, or it, without
				regard to gender.
(l) "Solid waste"
				means waste (see ARM
				17.53.102(1))
				.
(m) "State", "authorized state",
				"approved state", and "approved program" mean Montana, except at:
(i)
											40
				CFR 124.2 in the definitions of "director,"
				"interstate agency," "person," and "state";
(ii)
											40
				CFR 260.10 in the definitions of "person,"
				"state," and "United States";
(iii)40 CFR 262;
(iv)
											40 CFR 264.143(e)
				(1),
				264.145(e)
				(1),
				264.147(a) (1)
				(ii),
				264.147(b) (1)
				(ii),
				264.147(g)
				(2),
				264.147(i)
				(4),
				265.143(d)
				(1),
				265.145(d)
				(1),
				265.147(a) (1)
				(ii),
				265.147(g)
				(2), and
				265.147(i)
				(4); and
(v)
											40
				CFR 270.2 in the definitions of "approved
				program" or "approved state," "director," "final authorization," "person," and
				"state".
(n) Any
				reference to the "Department of Transportation" or "DOT" shall mean the U.S.
				Department of Transportation.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.1 - General Provisions › Rule 17.53.111 - REGISTRATION OF GENERATORS, TRANSPORTERS, AND REVERSE DISTRIBUTORS

Current through Register Vol. 13, July 5, 2024
(1) Hazardous waste generators who
				accumulate, treat, store, dispose, transport, or offer for transportation
				hazardous waste shall register with the department, except as provided
				otherwise in (2).
(2) The following
				persons are not required to register as hazardous waste generators:
(a) very small quantity generators who are
				subject to the exclusionary provisions of
				40 CFR
				262.14, except for those who generate
				hazardous waste due to an episodic event in accordance with 40 CFR 262, Subpart
				L;
(b) persons whose only hazardous
				wastes are recyclable materials as defined in
				40 CFR
				261.6;
(c) persons whose wastes are excluded from
				regulation as hazardous wastes under
				40
				CFR 261.4; and
(d) farmers who generate hazardous wastes and
				who dispose of all such wastes on their own farm property in accordance with
				40 CFR
				262.70.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.1 - General Provisions › Rule 17.53.112 - FACILITY PERMIT FEES: APPLICATION, REISSUANCE, MODIFICATION, AND MAINTENANCE FEES

Current through Register Vol. 13, July 5, 2024
(1) For the
				purposes of this rule, the following definitions apply:
(a) "Class I facility" means a hazardous
				waste management facility that:
(i) contains
				one or more regulated landfill units, surface impoundments, land treatment
				units, incinerators, boilers, or industrial furnaces; and
(ii) receives more than 50% of its hazardous
				waste from off-site sources not owned, controlled, or operated by the facility
				owner or operator.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.1 - General Provisions › Rule 17.53.113 - REGISTRATION AND REGISTRATION MAINTENANCE FEES: FEE ASSESSMENT

Current through Register Vol. 13, July 5, 2024
(1) For the purposes of this rule,
				"as-generated waste" means hazardous waste generated from tanks, containers,
				and other process units in the course of regular, ongoing commercial
				production, or other industrial activities. "Remediation waste" means all
				hazardous waste, debris, and media, including ground water, surface water,
				soils, and sediments, that are managed for implementing cleanup. Hazardous
				waste generated at, and as a result of, final closure of the entire facility is
				remediation waste.
(2) Concurrent
				with the submittal of a registration form, a generator shall submit to the
				department a registration fee of $270.
(3) The department shall assess an annual
				registration maintenance fee, as provided in (4), for the following hazardous
				waste generators:
(a) a person who generates
				more than 100 kilograms (220 pounds) of hazardous waste, or more than one
				kilogram (2.2 pounds) of acute hazardous waste, in any calendar
				month;
(b) a person who accumulates
				more than 1,000 kilograms (2,200 pounds) of hazardous waste, or more than one
				kilogram (2.2 pounds) of acute hazardous waste at any time in a calendar year;
				and
(c) a very small quantity
				generator, as defined in ARM
				17.53.301(2),
				that generates hazardous waste due to an episodic event in accordance with 40
				CFR 262, Subpart L.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.2 - Access to Information Regarding Treatment, Storage, and Disposal Facilities › Rule 17.53.201 - PURPOSE OF SUBCHAPTER

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				this subchapter is to insure that information obtained by the department
				regarding facilities and sites used for the treatment, storage and disposal of
				hazardous wastes, as those terms are defined in
				40 CFR
				260.10, is available to the public.
75-10-405, MCA; IMP,
					 75-10-405,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.2 - Access to Information Regarding Treatment, Storage, and Disposal Facilities › Rule 17.53.202 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In this subchapter, the following definition applies:
(1) "Record" means any paper, writing,
				photograph, sound or magnetic recording, drawing, form, book, correspondence,
				microfilm, magnetic tape, computer storage media, map, or other document or
				other similar mechanism regardless of physical form or characteristics by which
				information has been preserved that has been made or acquired by the department
				or department employees in connection with the transaction of official business
				preserved for informational value or as evidence of a transaction and all other
				records of documents required by law to be filed with or kept by the
				department.
75-10-405, MCA; IMP,
					 75-10-405,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.2 - Access to Information Regarding Treatment, Storage, and Disposal Facilities › Rule 17.53.206 - RECORDS AVAILABLE AUTOMATICALLY

Current through Register Vol. 13, July 5, 2024
(1) Any
				written request for the following types of records routinely distributed by the
				department shall be honored automatically:
(a) finalized press releases;
(b) copies of rules;
(c) educational materials (including
				pamphlets); and
(d) copies of
				speeches that have been delivered to the public.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.2 - Access to Information Regarding Treatment, Storage, and Disposal Facilities › Rule 17.53.207 - FORM OF REQUEST

Current through Register Vol. 13, July 5, 2024
(1) A request for
				information pertaining to a facility under this subchapter must be made in
				writing, must reasonably describe the records sought in a way that will permit
				their identification, and should be addressed to the Hazardous Waste Section,
				Waste and Underground Tank Management Bureau, Department of Environmental
				Quality, P.O. Box 200901, Helena, MT 59620-0901.
75-10-405, MCA; IMP,
					 75-10-405,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.2 - Access to Information Regarding Treatment, Storage, and Disposal Facilities › Rule 17.53.208 - PRIVILEGED BUSINESS INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) Any
				hazardous waste management facility that deems information that it submits to
				the department as confidential in that it is unique to the facility and would,
				if disclosed, reveal methods or processes entitled to protection as trade
				secrets shall, prior to submission of the information to the department,
				clearly label the information as confidential and/or obtain a protective order
				prohibiting disclosure to the public. Any information that is not confidential
				as set forth herein must be disclosed to the public upon request.
(2) Claims of confidentiality for the name
				and address of any permit applicant or permittee will be denied.
75-10-405, MCA; IMP,
					 75-10-405,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.2 - Access to Information Regarding Treatment, Storage, and Disposal Facilities › Rule 17.53.212 - DEPARTMENT DECISION TO ANSWER REQUEST

Current through Register Vol. 13, July 5, 2024
(1)
				The department shall, within 10 business days after a request for records
				pertaining to facilities, issue a written statement to the requestor stating
				which of the requested records, if any, will not be released and the reason for
				the denial of the request, including, if applicable, the need of the department
				to resolve a claim for confidentiality. Any other records not designated as
				non-releasable shall be provided to the requestor by the department.
(2) To the extent that records are required
				to be made available for public inspection, the department may inform the
				requestor that the records are available for inspection and where copies may be
				obtained.
(3) The period of 10
				business days (or any extension thereof) does not include any time that elapses
				between the date that a requestor is notified by the department that the
				request does not reasonably identify the records sought, and the date that the
				requestor furnishes a reasonable identification.
(4) The period of 10 business days (or any
				extension thereof) does not include any time that elapses between the date that
				a requestor is notified by the department that payment of fees is required, and
				the date that the requestor pays (or makes arrangements to pay) such
				charges.
(5) The department may
				under unusual circumstances as outlined below extend the basic 10-day period
				established in (1) up to an additional 10 business days. In such cases, the
				department shall furnish written notice to the requestor stating the reasons
				for the extension and the date by which the department expects to issue the
				determination. Unusual circumstances justifying an extension include:
(a) additional time is needed to search for
				and collect the requested records from separate facilities;
(b) additional time is needed to search for
				and collect the requested records because of the volume of the request;
				or
(c) additional time is needed
				for consultation with another agency having a substantial interest in the
				determination.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.2 - Access to Information Regarding Treatment, Storage, and Disposal Facilities › Rule 17.53.213 - APPEAL

Current through Register Vol. 13, July 5, 2024
(1) Each written notice by the department of
				its decision to deny a request for a record under this subchapter must state
				the reasons for the denial and the opportunity for the requestor to appeal the
				initial denial to the board by filing a written notice of appeal within 30 days
				after receipt of the determination.
(2) The decision of the board on appeal must
				be issued within 20 business days after the date of receipt of the appeal
				request.
(3) Failure of the board
				to issue a decision within the prescribed time period in (2) constitutes a
				final agency decision and is a basis for judicial review.
75-10-405, MCA; IMP,
					 75-10-405,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.2 - Access to Information Regarding Treatment, Storage, and Disposal Facilities › Rule 17.53.214 - RECOVERY OF FEES AND COSTS OF ACTION

Current through Register Vol. 13, July 5, 2024
(1)
				Nothing in this subchapter shall prevent a party that substantially prevails in
				an action filed in the district court for access to information from recovering
				its reasonable court costs and attorney fees as provided by law.
75-10-405, MCA; IMP,
					 75-10-405,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.2 - Access to Information Regarding Treatment, Storage, and Disposal Facilities › Rule 17.53.215 - FEES FOR SEARCHING AND COPYING

Current through Register Vol. 13, July 5, 2024
(1) The
				fees for copying records will be determined by the department and published in
				the department's policies and procedures.
(2) This fee may be reduced or waived by the
				department if furnishing the information can be considered as primarily
				benefiting the general public.
75-10-405, MCA; IMP,
					 75-10-405,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.4 - Rulemaking Petitions; Variances; Additional Regulation of Certain Hazardous Waste Activities › Rule 17.53.401 - NO STATE WASTE DELISTING - FEDERAL PETITION REQUIRED (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-405,
					 MCA IMP:
					 75-10-405,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.4 - Rulemaking Petitions; Variances; Additional Regulation of Certain Hazardous Waste Activities › Rule 17.53.402 - ADOPTION OF FEDERAL PROCEDURES FOR VARIANCES FROM CLASSIFICATION AS A WASTE OR BOILER. (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-405,
					 MCA IMP:
					 75-10-405,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.4 - Rulemaking Petitions; Variances; Additional Regulation of Certain Hazardous Waste Activities › Rule 17.53.403 - ADOPTION OF FEDERAL PROCEDURES FOR ADDITIONAL REGULATION OF CERTAIN HAZARDOUS WASTE RECYCLING ACTIVITIES (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 75-10-405,
					 MCA IMP:
					 75-10-405,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.4 - Rulemaking Petitions; Variances; Additional Regulation of Certain Hazardous Waste Activities › Rule 17.53.404 - ADOPTION OF HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL (40 CFR 260)

Current through Register Vol. 13, July 5, 2024
(1) Except as provided otherwise in ARM
				17.53.405, the department adopts and incorporates by reference 40 CFR 260,
				Subpart A, Subpart B, and Subpart C pertaining to General Hazardous Waste
				Management.
AUTH:
					 75-10-405,
					 MCA; IMP:
					 75-10-405,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.4 - Rulemaking Petitions; Variances; Additional Regulation of Certain Hazardous Waste Activities › Rule 17.53.405 - EXCEPTIONS AND ADDITIONS TO ADOPTION OF HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

Current through Register Vol. 13, July 5, 2024
(1) In
				40 CFR
				260.1(b)(1), references to
				"EPA" are retained. The department has separate rules governing access to
				information and confidentiality at ARM Title 17, chapter 53, subchapter
				2.
(2) In
				40 CFR
				260.1(b)(4) through (6),
				references to "EPA" are retained.
(3)
									40 CFR
				260.2(a) and (b), pertaining
				to availability of information and confidentiality of information, are not
				adopted. The department has separate rules governing access to information and
				confidentiality at ARM Title 17, chapter 53, subchapter 2.
(4) In
				40 CFR
				260.2(c) and (d),
				260.4,
				and
				260.5,
				references to "EPA" are retained.
(5) The definitions in
				40
				CFR 260.10 are subject to the provisions of
				ARM
				17.53.301.
(6)
									40 CFR
				260.20 through
				260.23,
				pertaining to rulemaking petitions, are not adopted. Thus, any reference to
				petitions under these provisions in 40 CFR 124, 260 through 268, 270, 273, and
				279, incorporated by reference by this chapter, are not applicable under the
				Montana hazardous waste program. See ARM 17.53.406 for more
				information.
AUTH:
					 75-10-405,
					 MCA; IMP:
					 75-10-405,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.4 - Rulemaking Petitions; Variances; Additional Regulation of Certain Hazardous Waste Activities › Rule 17.53.406 - NO STATE WASTE DELISTING - FEDERAL PETITION REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) Waste generators may demonstrate that
				their wastes do not meet criteria utilized by EPA to list hazardous wastes. A
				successful petition results in that waste being excluded from regulation as a
				hazardous waste--often referred to as waste "delisting." Under ARM
				17.53.405(5), Montana does not adopt
				40 CFR
				260.20 through
				260.23,
				relating to rulemaking petitions. Petitions by Montana generators to delist a
				hazardous waste must be filed with EPA.
AUTH:
					 75-10-405,
					 MCA; IMP:
					 75-10-405,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.5 - Identification and Listing of Hazardous Waste › Rule 17.53.501 - ADOPTION OF FEDERAL PROCEDURES FOR IDENTIFICATION AND LISTING OF HAZARDOUS WASTE (40 CFR 261)

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided otherwise in ARM
				17.53.502, the department hereby
				adopts and incorporates by reference 40 CFR 261, pertaining to identification,
				characteristics, listing, and criteria for identification and listing of wastes
				regulated as hazardous waste.
75-10-204,
					 75-10-404,
					 75-10-405, MCA; IMP,
					 75-10-203,
					 75-10-204,
					 75-10-403,
					 75-10-405,
					 75-10-602,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.5 - Identification and Listing of Hazardous Waste › Rule 17.53.502 - EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS FOR IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

Current through Register Vol. 13, July 5, 2024
(1) The
				following language is substituted for the language in
				40 CFR
				261.2(f), adopted and
				incorporated by reference in ARM
				17.53.501:
				"Respondents in actions to enforce this chapter who claim that a certain
				material is not a waste, or is conditionally exempt from regulation, must
				demonstrate that there is a known market or disposition for the material, and
				that the respondent meets the terms of the exclusion or exemption. In doing so,
				the respondent must provide appropriate documentation (such as contracts
				showing that a second person uses the material as an ingredient in a production
				process) to demonstrate that the material is not a waste, or is exempt from
				regulation. In addition, owners or operators of facilities claiming that they
				actually are recycling materials must show that they have the necessary
				equipment to do so."
(2) In
				40
				CFR 261.4(e) (2) (vi),
				pertaining to treatability study samples and generator reporting, "annual" is
				substituted for "biennial".
(3) In
				40
				CFR 261.4(e) (3) (iii) the
				words "in the Region where the sample is collected" are not adopted and
				incorporated by reference.
(4) In
				40
				CFR 261.4(f) (1), pertaining
				to treatability studies, the phrase "director of the Montana department of
				environmental quality" is substituted for "Regional Administrator, or State
				Director (if located in an authorized State) ".
(5) The following language is substituted for
				the language in
				40 CFR
				261.6(c)(2)(iv), adopted and
				incorporated by reference in ARM 17.53.501: "ARM
				17.53.903 (annual
				reporting requirements)."
(6) "It
				is a forbidden explosive as defined in
				49 CFR
				173.54; or would have been a Class A or B
				explosive as defined in
				49 CFR
				173.52 and 53." is substituted for
				40 CFR 261.23(a)
				(8).
(7) Appendix IX of 40 CFR 261, pertaining to
				wastes excluded under
				40 CFR
				260.20 and
				260.22,
				is not adopted and incorporated by reference.
AUTH:
					 75-10-204,
					 75-10-404,
					 75-10-405,
					 MCA IMP:
					 75-10-203,
					 75-10-204,
					 75-10-403,
					 75-10-405,
					 75-10-602,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.6 - Standards Applicable to Generators of Hazardous Waste › Rule 17.53.601 - ADOPTION OF FEDERAL STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE (40 CFR 262)

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided otherwise in ARM
				17.53.602, the department hereby
				adopts and incorporates by reference 40 CFR 262, pertaining to hazardous waste
				generator standards.
75-10-204,
					 75-10-404,
					 75-10-405, MCA; IMP,
					 75-10-204,
					 75-10-405,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.6 - Standards Applicable to Generators of Hazardous Waste › Rule 17.53.602 - EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

Current through Register Vol. 13, July 5, 2024
(1) In
				40 CFR
				262.11(c), the reference to
				"Administrator" is retained. Petitions by Montana generators to delist a
				hazardous waste must be filed with EPA.
(2) In
				40 CFR
				262.11(d)(1) and (d)(2),
				pertaining to hazardous waste determination, the phrase "or according to an
				equivalent method approved by the Administrator under
				40 CFR
				260.21 " is not adopted and incorporated by
				reference.
(3) In
				40
				CFR 262.18(d), the reference
				to "biennial report" is replaced with "annual report."
(4) In
				40 CFR
				262.24(a)(3) and
				262.25,
				references to "EPA" are retained.
(5) In
				40
				CFR 262.40(b), pertaining to
				generator recordkeeping, "annual" is substituted for "biennial".
(6) ARM
				17.53.603
				is substituted for
				40 CFR
				262.41, pertaining to biennial
				reporting.
(7) In
				40 CFR 262.42(a) (2) and
				(b), pertaining to exception reporting, the
				words "in the Region in which the generator is located" are not adopted and
				incorporated by reference.
(8) ARM
				17.53.604
				is substituted for
				40 CFR
				262.43, pertaining to additional reporting
				requirements.
(9) In
				40
				CFR 262.80 through
				262.84,
				pertaining to transboundary movements of hazardous waste for recovery or
				disposal, references to "EPA" are retained.
(10) Exception reports required from primary
				exporters pursuant to
				40 CFR
				262.83(h) must be filed with
				EPA and the department.
(11) Annual
				reports required from primary exporters pursuant to
				40 CFR
				262.83(g) must be filed with
				EPA and the department.
(12) In
				40 CFR
				262.83(i)(3) and
				262.84(h)(4),
				pertaining to export and import record keeping, the references to the
				"Administrator" are retained. The department may also require extensions of
				record retention times for hazardous waste export records.
(13) Very small quantity generators are not
				subject to the requirements of ARM 17.53.603, except for those who generate due
				to an episodic event in accordance with 40 CFR 262, Subpart L.
AUTH:
					 75-10-204,
					 75-10-404,
					 75-10-405,
					 MCA IMP:
					 75-10-204,
					 75-10-405,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.6 - Standards Applicable to Generators of Hazardous Waste › Rule 17.53.603 - ANNUAL REPORT FROM GENERATORS OF HAZARDOUS WASTE

Current through Register Vol. 13, July 5, 2024
(1) A generator who generates or ships
				hazardous waste shall submit annual reports to the department, on forms
				obtained from the department, no later than March 1 of each year. The annual
				report must cover generator activities during the previous calendar year and
				must include the following information:
(a)
				the EPA identification number, name, and address of the generator;
(b) the calendar year covered by the report;
(c) the EPA identification number,
				name, and address for each off-site facility in the United States to which
				waste was shipped during the year;
(d) the name and EPA identification number of
				each transporter used during the reporting year for shipments to a facility
				within the United States;
(e) a
				description, EPA hazardous waste number, DOT hazard class, and quantity of each
				hazardous waste shipped off-site for shipments to a facility within the United
				States. This information must be listed by the EPA identification number of
				each off-site facility to which waste was shipped;
(f) a description of the efforts undertaken
				during the year to reduce the volume and toxicity of waste generated;
(g) a description of the changes in volume
				and toxicity of waste actually achieved during the year in comparison to
				previous years; and
(h) the
				certification signed and dated by the generator or the generator's authorized
				representative, made in accordance with
				40 CFR
				270.11.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.6 - Standards Applicable to Generators of Hazardous Waste › Rule 17.53.604 - ADDITIONAL REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The
				department, as deemed necessary under
				75-10-404, MCA, may require
				generators to furnish additional reports concerning the quantities and
				disposition of hazardous wastes identified or listed in this chapter.
75-10-405, MCA; IMP,
					 75-10-405,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.7 - Standards Applicable to Transporters of Hazardous Waste › Rule 17.53.701 - ADOPTION OF FEDERAL STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE (40 CFR 263)

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided otherwise in ARM
				17.53.702,
				the department adopts and incorporates by reference 40 CFR 263, pertaining to
				requirements for transporters of hazardous waste.
AUTH:
					 75-10-404,
					 75-10-405,
					 MCA IMP:
					 75-10-405,
					 75-10-406,
					 MCA
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.7 - Standards Applicable to Transporters of Hazardous Waste › Rule 17.53.702 - EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

Current through Register Vol. 13, July 5, 2024
(1) All
				references to "EPA" and "Administrator" are retained, except for
				40 CFR
				263.11 (a) and (b), and
				40 CFR
				263.22 (e) where "administrator" should be
				replaced with "director of the Montana department of environmental
				quality".
(2) In addition to the
				transfer facility requirements of
				40 CFR
				263.12, a transfer facility is subject to ARM
				17.53.704,
				17.53.706, and
				17.53.707.
(3) For at least three years after the date
				the hazardous waste was accepted by the initial transporter, copies of the
				manifest, as required under 40 CFR 263.22 (a), must be
				maintained on file at the transfer facility location for all hazardous waste
				shipments that are transported to a transfer facility.
(4) In addition to the notices and reports
				required by 40 CFR
				263.30 in the event of discharges of
				hazardous waste during transportation, the transporter shall also notify the
				department by immediately contacting the Montana hazardous materials emergency
				response system ((406) 841-3911).
75-10-204,
					 75-10-404,
					 75-10-405, MCA; IMP,
					 75-10-204,
					 75-10-212,
					 75-10-214,
					 75-10-221,
					 75-10-405,
					 75-10-406,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.7 - Standards Applicable to Transporters of Hazardous Waste › Rule 17.53.703 - TRANSPORTER REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the requirements of ARM
				17.53.111 and
				40 CFR
				263.11 for obtaining an EPA identification
				number, transporters that maintain offices, terminals, depots, or transfer
				facilities within Montana related to their hazardous waste transportation
				activities shall register with the department. Montana registration is not
				required for out-of-state transporters whose activities are limited to passing
				through Montana with hazardous waste loads or to picking up loads from Montana
				generators or delivering loads to designated facilities in Montana.
(2) Transporter registration is not subject
				to any fee.
(3) In order to obtain
				registration, a transporter shall provide, at a minimum, the following
				information on forms provided by the department:
(a) business name and mailing
				address;
(b) EPA identification
				number (if one has already been assigned) ;
(c) contact person(s) and contact phone
				number(s) ;
(d) the locations of
				all of the transporter's hazardous waste transportation-related offices,
				terminals, depots, and/or transfer facilities situated within
				Montana;
(e) the mode(s) of
				hazardous waste transportation employed; and
(f) whether the transporter and generator are
				the same person or whether the transportation activity is done on a commercial
				for-hire basis.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.7 - Standards Applicable to Transporters of Hazardous Waste › Rule 17.53.704 - TRAINING OF TRANSFER FACILITY PERSONNEL

Current through Register Vol. 13, July 5, 2024
(1)
				Transfer facility personnel shall successfully complete a program of classroom
				instruction or on-the-job training that teaches them to perform their duties in
				compliance with the requirements of this rule and ARM
				17.53.706 and
				17.53.707.
(2) At a minimum, the training program must
				be designed to ensure that transfer facility personnel are able to respond to
				emergencies by familiarizing the transfer facility personnel with emergency
				procedures, emergency equipment, and emergency systems.
(3) Transfer facility personnel shall
				successfully complete the required training program within six months after the
				first day of their employment. Employees may not work in unsupervised positions
				until they have completed the required training.
(4) Transfer facility personnel shall take
				part in an annual review of the initial training required in (1).
(5) The owner or operator of the transfer
				facility shall maintain the following documents and records at the facility:
(a) the job title for each position at the
				transfer facility related to hazardous waste management, and the name of the
				employee filling each job;
(b) a
				written description of the type and amount of both introductory and continuing
				training that will be given to each person filling a position related to
				hazardous waste management; and
(c)
				records that document that the training or job experience required under (1)
				and (2) of this rule has been given to, and completed by, transfer facility
				personnel.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.7 - Standards Applicable to Transporters of Hazardous Waste › Rule 17.53.706 - EMERGENCY PREPAREDNESS, PREVENTION, AND RESPONSE AT TRANSFER FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) Transfer facility owners and operators
				shall comply with the emergency preparedness and prevention requirements set
				forth in 40 CFR 265, subpart C.
(2)
				Transfer facility owner and operators shall also comply with the following
				additional emergency planning and response requirements:
(a) At all times during which hazardous
				wastes are temporarily stored at the transfer facility there must be an
				emergency coordinator or a trained designee who is on the premises or on call
				and available to respond to an emergency by reaching the facility within a
				short period of time. The emergency coordinator shall coordinate all emergency
				response measures specified in (2)(c).
(b) The transfer facility owner or operator
				shall post the following information next to the telephone:
(i) the name and telephone number of the
				emergency coordinator;
(ii) the
				location of fire extinguishers and spill control material and, if present, fire
				alarm;
(iii) the telephone number
				of the local fire department, unless the transfer facility has a direct alarm;
				and
(iv) the name, address, and EPA
				identification number of the transfer facility.
(c) The emergency coordinator or the
				coordinator's designee shall respond to any emergencies that arise by
				formulating a contingency plan under the guidelines of 40 CFR 265, subpart D,
				and by making appropriate responses. Appropriate responses include the
				following:
(i) In the event of a fire, the
				emergency coordinator shall call the fire department and/or attempt to
				extinguish the fire using a fire extinguisher.
(ii) In the event of a spill, the emergency
				coordinator shall first determine whether the conditions under (2)(c)(iii)
				apply and, if so, the emergency coordinator shall follow the steps in
				(2)(c)(iii); then the emergency coordinator shall contain the flow of hazardous
				waste to the extent possible, and as soon as is practicable, appropriately
				clean up the hazardous waste and any contaminated materials or soil.
(iii) In the event of a fire, explosion,
				spill or other release event that could threaten human health or when the
				emergency coordinator has knowledge that a spill has reached surface water, the
				emergency coordinator shall immediately notify the national response center (
				800-424-8802 ) and the department (using the 24-hour telephone number, (406)
				324-4777). The notifications must include the following information:
(A) the name, address, and EPA identification
				number of the transfer facility;
(B) the date, time, and type of incident
				(e.g., spill or fire);
(C) the
				quantity and type of hazardous waste involved in the incident;
(D) the extent of injuries, if any;
				and
(E) the estimated quantity and
				disposition of recovered materials, if any.
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.7 - Standards Applicable to Transporters of Hazardous Waste › Rule 17.53.707 - TRANSFER FACILITY CONTAINER HANDLING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) During hazardous waste unloading,
				transfer, and loading operations, each hazardous waste container must be
				visually inspected for evidence of corrosion, pressure buildup, physical
				damage, or leakage. Questionable containers must be set aside for further
				evaluation and possible repackaging and/or return to the waste generator.
				Leaking containers may not be loaded back onto a transportation vehicle,
				trailer, or railcar unless and until they are properly packaged, labeled, and
				marked according to 40 CFR
				262.30 through
				262.32.
(2) All handling of hazardous waste
				containers must be conducted in a manner that minimizes the risk of leaks,
				spills, releases, or similar accidents. Hazardous waste containers may not be
				opened unless necessary to correct container damage or leakage of the contents,
				and the generator's consent must be obtained for any necessary
				repackaging.
(3) Loading docks,
				temporary container storage areas, and all areas where transfer of hazardous
				wastes occurs must have a base or floor that is smooth, free of cracks or gaps,
				and sufficiently impervious to contain leaks or spills until the spilled
				material is detected and removed. Temporary storage areas must be designed with
				a containment system having sufficient capacity to contain, at a minimum, 10
				times the volume of the largest container that will be stored there. Any leaks
				or spills that do occur must be promptly cleaned up by the transfer facility
				operator.
(4) Containers of
				ignitable or reactive waste must be handled and stored in a manner so as to
				prevent accidental ignition or reaction of the waste. Such waste containers
				must be separated and protected from sources of ignition or reaction (e.g.,
				open flames, sparks, cigarette smoking, cutting and welding activities, hot
				surfaces, frictional heat, spontaneous ignition, and radiant heat). "NO
				SMOKING" signs must be conspicuously placed wherever there is or may be a
				hazard from ignitable or reactive wastes.
75-10-405, MCA; IMP,
					 75-10-405,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.7 - Standards Applicable to Transporters of Hazardous Waste › Rule 17.53.708 - COMMERCIAL TRANSFER FACILITY REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) A commercial transfer facility is subject
				to ARM 17.53.702(4),
				17.53.704,
				17.53.706 and
				17.53.707, and the public hearing
				requirements of
				75-10-441, MCA.
(2) The owner or operator of a commercial
				transfer facility shall prepare and submit a written annual report to the
				department by March 1 of each year. The report must cover transfer facility
				activities during the previous calendar year, and must include the following
				information:
(a) the EPA identification
				number, name, and address of the transfer facility;
(b) the calendar year covered by the
				report;
(c) a summary of all
				hazardous wastes that the commercial transfer facility handled during the
				report year, organized by EPA hazardous waste number and showing quantitative
				waste totals for each waste type;
(d) a written summary of each hazardous waste
				leak, spill, fire, or similar incident that occurred in the report year,
				including the response actions taken, the cause of the incident, and a legible
				copy of the pertinent waste manifests(s) for the hazardous wastes involved in
				the incident; and
(e) a
				certification signed and dated by the owner or operator of the transfer
				facility or an authorized representative, worded as follows:
"I certify under penalty of law that I have personally
				  examined and am familiar with the information submitted in this and all
				  attached documents, and where I haven't personally obtained the information, I
				  have made inquiry of those individuals immediately responsible for obtaining
				  the information, about the truth and accuracy of the information contained in
				  this document. I certify that the submitted information is true, accurate, and
				  complete. I am aware that there are significant penalties for submitting false
				  information, including the possibility of fine and
				  imprisonment."
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.8 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities › Rule 17.53.801 - ADOPTION OF FEDERAL STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES (40 CFR 264)

Current through Register Vol. 13, July 5, 2024
(1) Except as provided otherwise in ARM
				17.53.802, the department hereby
				adopts and incorporates by reference 40 CFR 264, pertaining to standards for
				owners and operators of hazardous waste treatment, storage and disposal
				facilities.
75-10-404,
					 75-10-405, 17-10-406, MCA; IMP,
					 75-10-405,
					 75-10-406,
					 MCA;
Administrative Rules of Montana › Department 17 - ENVIRONMENTAL QUALITY › Chapter 17.53 - HAZARDOUS WASTE › Subchapter 17.53.8 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities › Rule 17.53.803 - ANNUAL REPORT FROM FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) The owner
				or operator of a permitted hazardous waste management facility (
				75-10-406, MCA) or a facility
				under a corrective action order (
				75-10-425, MCA) shall prepare and
				submit an annual report to the department, on forms obtained from the
				department, by March 1 of each year. The annual report must cover facility
				activities during the previous calendar year and must include the following
				information:
(a) the EPA identification
				number, name, and address of the facility;
(b) the calendar year covered by the
				report;
(c) for off-site
				facilities, the EPA identification number of each hazardous waste generator
				from which the facility received a hazardous waste during the year. For
				imported shipments, the report must state the name and address of the foreign
				generator;
(d) a description and
				the quantity of each hazardous waste the facility received during the year. For
				off-site facilities, this information must be listed by EPA identification
				number of each generator;
(e) the
				method of treatment, storage and disposal for each hazardous waste;
(f) the most recent cost estimate for:
(i) closure under
				40 CFR
				264.142;
(ii) post-closure for disposal facilities
				under 40 CFR
				264.144; and
(iii) corrective action under
				40 CFR
				264.101 and the applicable Montana hazardous
				waste permit;
(g) for
				generators who treat, store, or dispose of hazardous waste on-site, a
				description of the efforts undertaken during the year to reduce the volume and
				toxicity of hazardous waste generated;
(h) for generators who treat, store, or
				dispose of hazardous waste on-site, a description of the changes in volume and
				toxicity of hazardous waste actually achieved during the year in comparison to
				previous years; and
(i) a
				certification made in accordance with
				40 CFR
				270.11 and signed and dated by the owner or
				operator of the facility or an authorized representative.