Montana Administrative Code

17.53.1402 EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS APPLICABLE TO THE MANAGEMENT OF USED OIL (1) 40 CFR 279.82(b) , pertaining to the use of used oil as a dust suppressant, is not adopted and incorporated by reference. Authorizing statute(s): 75-10-405, MCA Imple…

17.53.1501 ADOPTION OF STANDARDS FOR OWNERS AND OPERATIONS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT (40 CFR 267) (1) Except as provided otherwise in ARM 17.53.1502, the department adopts and incorporates by reference 40 CFR Part 267, pertaining to stand…

17.53.1502 EXCEPTIONS AND ADDITIONS TO ADOPTION OF STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE FACILITIES OPERATING UNDER A STANDARDIZED PERMIT (1) In 40 CFR 267.12, pertaining to obtaining an EPA ID number, "You must apply to the state for an EPA identification number …

17.53.201 PURPOSE OF SUBCHAPTER (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 t…

17.53.202 DEFINITIONS 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 simil…

17.53.206 RECORDS AVAILABLE AUTOMATICALLY (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)…

17.53.207 FORM OF REQUEST (1) A request for information pertaining to a facility under this subchapter must be made in writing and must reasonably describe the records sought. (2) Requests may be submitted by: (a) visiting the department’s website, https://deq.mt.gov; or (b) subm…

17.53.208 PRIVILEGED BUSINESS INFORMATION (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…

17.53.212 DEPARTMENT DECISION TO ANSWER REQUEST (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 f…

17.53.213 APPEAL (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 director by filing a written notice of a…

17.53.214 RECOVERY OF FEES AND COSTS OF ACTION (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. Auth…

17.53.215 FEES FOR SEARCHING AND COPYING (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 pri…

17.53.301 DEFINITIONS (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…

17.53.401 NO STATE WASTE DELISTING - FEDERAL PETITION REQUIRED (REPEALED) Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 2001 MAR p. 169, Eff. 1/26/01; AMD, 2005 MAR p. 442, Eff. 4/1/05; AMD, 2014 MAR p. 1835, Eff. 8/8/14; REP, 2022 M…

17.53.402 ADOPTION OF FEDERAL PROCEDURES FOR VARIANCES FROM CLASSIFICATION AS A WASTE OR BOILER (REPEALED) Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 2001 MAR p. 169, Eff. 1/26/01; AMD, 2002 MAR p. 789, Eff. 3/15/02; REP, 2022 MAR…

17.53.403 ADOPTION OF FEDERAL PROCEDURES FOR ADDITIONAL REGULATION OF CERTAIN HAZARDOUS WASTE RECYCLING ACTIVITIES (REPEALED) Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 2001 MAR p. 169, Eff. 1/26/01; REP, 2022 MAR p. 693, Eff. 5/1…

17.53.404 ADOPTION OF HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL (40 CFR 260) (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. A…

17.53.405 EXCEPTIONS AND ADDITIONS TO ADOPTION OF HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL (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 …

17.53.406 NO STATE WASTE DELISTING – FEDERAL PETITION REQUIRED (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--of…

17.53.501 ADOPTION OF FEDERAL PROCEDURES FOR IDENTIFICATION AND LISTING OF HAZARDOUS WASTE (40 CFR 261) (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…

17.53.502 EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS FOR IDENTIFICATION AND LISTING OF HAZARDOUS WASTE (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…

17.53.601 ADOPTION OF FEDERAL STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE (40 CFR 262) (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. Authorizin…

17.53.602 EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE (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…

17.53.603 ANNUAL REPORT FROM GENERATORS OF HAZARDOUS WASTE (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 activ…

17.53.604 ADDITIONAL REPORTING REQUIREMENTS (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. Authorizing statute(…

17.53.701 ADOPTION OF FEDERAL STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE (40 CFR 263) (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. Au…

17.53.702 EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE (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 …

17.53.703 TRANSPORTER REGISTRATION (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 tran…

17.53.704 TRAINING OF TRANSFER FACILITY PERSONNEL (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…

17.53.706 EMERGENCY PREPAREDNESS, PREVENTION, AND RESPONSE AT TRANSFER FACILITIES (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 shal…

17.53.707 TRANSFER FACILITY CONTAINER HANDLING REQUIREMENTS (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 con…

17.53.708 COMMERCIAL TRANSFER FACILITY REQUIREMENTS (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 pr…

17.53.801 ADOPTION OF FEDERAL STANDARDS APPLICABLE TO OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES (40 CFR 264) (1) Except as provided otherwise in ARM 17.53.802, the department hereby adopts and incorporates by reference 40 CFR 264, pertain…

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 …

17.53.803 ANNUAL REPORT FROM FACILITIES (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…

17.53.901 ADOPTION OF FEDERAL INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES (40 CFR 265) (1) Except as provided otherwise in ARM 17.53.902, the department hereby adopts and incorporates by reference 40 CFR 265, pe…

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 26…

17.53.903 ANNUAL REPORT (1) The owner or operator of an interim status hazardous waste management facility shall prepare and submit an annual report to the department by March 1 of each year, on forms obtained from the department. The report must cover facility activities during …

17.54.1001 PURPOSE IS REPEALED Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 1988 MAR p. 53, Eff. 1/15/88; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.

17.54.1002 DEFINITIONS IS REPEALED Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 1988 MAR p. 53, Eff. 1/15/88; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.

17.54.1006 RECORDS AVAILABLE AUTOMATICALLY IS REPEALED Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 1988 MAR p. 53, Eff. 1/15/88; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.

17.54.1007 FORM OF REQUEST IS REPEALED Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 1988 MAR p. 53, Eff. 1/15/88; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.

17.54.1008 PRIVILEGED BUSINESS INFORMATION IS REPEALED Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 1988 MAR p. 53, Eff. 1/15/88; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.

17.54.101 PURPOSE OF RULES IS REPEALED Authorizing statute(s): 75-10-404, 75-10-405, MCA Implementing statute(s): 75-10-405, 75-10-406, MCA History: NEW, 1983 MAR p. 1252, Eff. 9/16/83; AMD, 1991 MAR p. 302, Eff. 3/15/91; AMD, 1992 MAR p. 2502, Eff. 11/26/92; TRANS, from DHES, 19…

17.54.1012 DEPARTMENT DECISION TO ANSWER REQUEST IS REPEALED Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 1988 MAR p. 53, Eff. 1/15/88; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.

17.54.1013 APPEAL IS REPEALED Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 1988 MAR p. 53, Eff. 1/15/88; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.

17.54.1017 FEES FOR SEARCHING AND COPYING IS REPEALED Authorizing statute(s): 75-10-405, MCA Implementing statute(s): 75-10-405, MCA History: NEW, 1988 MAR p. 53, Eff. 1/15/88; TRANS, from DHES, 1995 MAR p. 2416; REP, 2001 MAR p. 169, Eff. 1/26/01.