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(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.Mont. Admin. r. 17.53.802
NEW, 2001 MAR p. 169, Eff. 1/26/01; AMD, 2002 MAR p. 789, Eff. 3/15/02; AMD, 2005 MAR p. 442, Eff. 4/1/05; AMD, 2022 MAR p. 693, Eff. 5/14/2022AUTH: 75-10-404, 75-10-405, 75-10-406, MCA IMP: 75-10-405, 75-10-406, MCA