Mont. Admin. r. 17.53.105 - INCORPORATION BY REFERENCE
(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.
Notes
AUTH: 75-10-405, MCA IMP: 75-10-405, MCA
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