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(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.Mont. Admin. r. 17.53.902
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, MCA IMP: 75-10-405, 75-10-406, MCA