17.53.1102    EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL LAND DISPOSAL RESTRICTIONS

(1) The department is not adopting and incorporating by reference the authority to grant the following exemptions to land disposal restrictions, which may be granted only by the administrator of EPA:

(a) case-by-case extensions of federal effective dates, pursuant to 40 CFR 268.5;

(b) allowance of land disposal of a waste prohibited under 40 CFR 268, subpart C, pursuant to a petition filed under 40 CFR 268.6;

(c) approval of alternate treatment methods, pursuant to 40 CFR 268.42(b) ; and

(d) variance from a treatment standard, pursuant to 40 CFR 268.44.

(2) For the reason described in (1) , the following federal regulations are not adopted and incorporated by reference:

(a) 40 CFR 268.5;

(b) 40 CFR 268.6;

(c) 40 CFR 268.42(b) ; and

(d) 40 CFR 268.44.

(3) "Hazardous wastes for which land disposal prohibitions or treatment standards have not been promulgated in 40 CFR 268, subparts C or D, as incorporated by reference in ARM 17.53.1001(1) ;" is substituted for 40 CFR 268.1(e) (3) , pertaining to hazardous waste not subject to land disposal restrictions.

(4) In 40 CFR 268.9(d) , pertaining to special rules regarding wastes that exhibit a characteristic, "department" is substituted for "EPA Region or authorized state".

(5) In 40 CFR 268.40, pertaining to treatment standards, the term "Administrator" is retained.

History: 75-10-405, MCA; IMP, 75-10-405, MCA; NEW, 2001 MAR p. 169, Eff. 1/26/01; AMD, 2005 MAR p. 442, Eff. 4/1/05.