Mont. Admin. r. 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".
(25) In
40
CFR 264.1082(c) (4) (ii),
pertaining to treated organic hazardous constituents in waste , the second occurrence
of "EPA" is retained.
Notes
AUTH: 75-10-404, 75-10-405, 75-10-406, MCA IMP: 75-10-405, 75-10-406, MCA
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