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 17.53.802 - EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES

Current through Register Vol. 13, July 5, 2024
(1) "The purpose of this rule is to establish
				minimum standards that define the acceptable management of hazardous waste at
				state permitted facilities." is substituted for
				40 CFR
				264.1(a), pertaining to the
				scope of federal standards applicable to owners and operators of hazardous
				waste treatment, storage and disposal facilities.
(2)
									40 CFR
				264.1(d), pertaining to
				underground injection, is not adopted and incorporated by reference and is
				replaced by the requirements in ARM
				17.53.102(3).
(3) The requirements in
				40 CFR
				264.1(g)(1), pertaining to
				exclusions from the requirements of 40 CFR 264, 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)."
(4) In
				40 CFR
				264.12(a), pertaining to
				required notices, the references to "EPA" and "Regional Administrator" are
				retained.
(5) In
				40 CFR
				264.71, relating to use of the manifest
				system, references to EPA are retained.
(6) ARM
				17.53.803
				is substituted for
				40 CFR 264.75,
				pertaining to biennial reports, and all references to "biennial report" in 40
				CFR 264 are replaced with "annual report."
(7) In
				40 CFR
				264.143(h) and
				264.145(h),
				pertaining to financial assurance and cost estimate 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 adminstrator." 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."
(8)
									40 CFR
				264.149 and
				264.150,
				pertaining to use of state required mechanisms and state assumption of
				responsibility, are not adopted and incorporated by reference.
(9) In
				40 CFR
				264.151, the language pertaining to the
				filing of financial instruments with the regional administrators of the various
				regions in which the owners or operators have facilities applies to the filing
				of financial instruments with the directors of the environmental agencies of
				the various states in which the owners or operators have facilities, or the
				regional administrator of the appropriate region if a particular state is
				unauthorized.
(10) In
				40 CFR
				264.191(a), pertaining to
				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
				264.191(c), "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
				264.193(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
				264.193(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
				264.193(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 after January 12, 1987".
(15) In
				40 CFR
				264.193(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
				264.221(e) (2) (i) (B),
				264.301(e) (2)
				(i) (B), and
				264.314(f)
				(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".
(17) In
				40 CFR
				264.221(e) (2) (i) (C) and
				264.301(e) (2)
				(i) (C), pertaining to design and operating
				requirements for surface impoundments, "final state permits under Title 17,
				chapter 53, subchapter 12" is substituted for "permits under RCRA Section
				3005(c) " and "permits under RCRA 3005(c) ", respectively. All language
				referring to permitting under RCRA section 3005 or 3005(c) found in 40 CFR 264,
				incorporated by reference in ARM
				17.53.801(1),
				is also replaced with "final state permits under subchapter 12".
(18)40 CFR 264.301(l) , pertaining to design
				and operating requirements for landfills, is not adopted and incorporated by
				reference.
(19) In 40 CFR
				264.316(b) , pertaining to lab packs, "(49 CFR Part 178) " is substituted for
				"(49 CFR Parts 178 and 179) ".
(20)
				In 40 CFR
				264.570(a), pertaining to
				drip pads, "December 6, 1990 for HSWA drop pads, and September 25, 1992 for
				non-HSWA drip pads" is substituted for "December 6, 1990".
(21) In
				40
				CFR 264.570(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 264.1030(c), "
				40
				CFR 124.5 " is substituted for "
				40 CFR
				124.15 ".
(23) In
				40
				CFR 264.1050(c), "
				40
				CFR 124.5 " is substituted for "
				40 CFR
				124.15 ".
(24) In
				40
				CFR 264.1080(c), "
				40
				CFR 124.5 " is substituted for "
				40 CFR
				124.15 ".
(25) In
				40 CFR 264.1082(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,
					 75-10-406, MCA
					 IMP:
					 75-10-405,
					 75-10-406,
					 MCA