4.12.621    REGISTRATION

(1) Any fertilizer or soil amendment that contains a waste or sewage sludge distributed as a single ingredient product or blended with other ingredients must be identified as such by the registrant in the application for registration.

(2) The registrant of a fertilizer or soil amendment containing waste as defined in ARM 4.12.620(4)(a) and (b) shall state in the application for registration the source of the waste and the level of metals in the end product including, but not limited to, arsenic, cadmium, and lead for sewage sludge and cadmium for solid waste. Upon request by the department, the registrant shall provide analytical data necessary to determine compliance with 40 CFR 257 or 503. This information can be provided by the registrant from documentation collected and compiled by the waste generator.

(3) The registrant of a hazardous waste-derived fertilizer or soil amendment as defined in ARM 4.12.620(4)(c) shall state in the application for registration the source of the waste and the level of metals within the source, including, but not limited to, arsenic, cadmium, and lead. Upon request by the department, the registrant shall provide analytical data necessary to determine compliance with 40 CFR 261, 266 and 268. This information can be provided from documentation collected and compiled by the waste generator.

(4) The methods used to comply with (2) and (3) shall be consistent with and comply with the standards as stated below:

(a) Recyclable materials used in the manufacture of hazardous waste-derived fertilizers and soil amendments shall comply with the treatment standards specified in 40 CFR 268.40 and 268.48, using the Toxicity Characteristic Leaching Procedure, Test Method 1311, EPA Publication SW-846; and

(b) Recyclable materials that are not hazardous waste, but used in the manufacture of fertilizers and soil amendments shall comply with the treatment standards specified in 40 CFR 257 or 503, using testing methods for total metal content found in EPA Publication SW-846.

(5) Failure to provide the information required by this rule or a determination that a fertilizer or soil amendment is adulterated is cause for denying registration.

(6) The Montana Department of Agriculture adopts and incorporates by reference 40 CFR 257, 261, 266, 268 and 503, regarding solid waste, hazardous waste and sewage sludge management, as published on December 27, 2002. The department adopts and incorporates by reference EPA's "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," (SW-846), third edition, update III, December 1996. A copy of these regulations can be obtained by contacting the department at 303 N. Roberts, Helena, Montana, 59620-0201.

History: 80-10-301, MCA; IMP, 80-10-201, 80-10-205, MCA; NEW, 2002 MAR p. 2959, Eff. 12/27/02; AMD, 2010 MAR p. 1795, Eff. 8/13/10.