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17.30.1303 INCORPORATIONS BY REFERENCE (1) In accordance with the federal Clean Water Act, this subchapter of Title 17, chapter 30, establishes a permit system (MPDES) which is essentially the equivalent of the federal permit system (NPDES) administered by the EPA.
(2) In view of the federal Clean Water Act's requirement of equivalence with the federal permit system, and in order to simplify the rulemaking process and make the rules less cumbersome, the department has relied heavily upon incorporation and adoption by reference of federal requirements as set forth in Title 40 of the Code of Federal Regulations (CFR) and in the federal Clean Water Act, 33 USC 1251, et seq.
(3) Where the department has adopted a federal regulation or statute by reference, the following shall apply:
(a) references in the federal regulations to "administrator," "regional administrator," "director," or "U.S. environmental protection agency," or the like, should be read to mean "department";
(b) where the department incorporates by reference a subpart of a federal regulation, both the subpart and its constituent sections and subsections are also incorporated by reference.
(4) All of the incorporations by reference of federal agency regulations listed in the table in (7) shall refer to federal agency regulations as they have been codified in the July 1, 1991, edition of Title 33 and 40 of the Code of Federal Regulations (CFR) , unless another codification date is specified.
(5) For persons applying for an MPDES permit, the department will furnish a full text of all rules in this subchapter, including all tables and appendices.
(6) All material which is incorporated by reference may be obtained from the Department of Environmental Quality, P.O. Box 200901, Helena, MT 59620-0901. Interested persons seeking a copy of the CFR may address their requests directly to: Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
(7) The list of incorporations by reference follows:
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ARM 17.30... |
33 CFR ... |
Description of Regulation |
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(a) 1310 |
153.101 et seq. |
Control of pollution by oil, and hazardous substances, discharge removal. |
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ARM 17.30... |
40 CFR ... |
Description of Regulation |
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(b) 1310 |
Part 300 |
The national oil and hazardous substances pollution contingency plan. |
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(c) 1322 |
122.26(c) (1) |
Requirements for individual permit applications for storm water discharges. |
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(d) 1322 |
125.102 |
Requirements for best management practices for dischargers who use, manufacture, store, handle, or discharge any hazardous or toxic pollutant. |
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(e) 1322 |
Part 136 |
Guidelines establishing test procedures for the analysis of pollutants. |
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(f) 1322 |
Appendix A to Part 122 |
List of primary industrial
categories. | (g) 1322 | Tables I, II, and III of Appendix D to Part 122 | List of, respectively, testing requirements for organic toxic pollutants by industry category for existing dischargers; organic toxic pollutants in each of four fractions in analysis by gas chromatography/ mass spectroscopy (GC/MS); and other toxic pollutants (metals and cyanide) and total phenols. |
(h) 1322 | Tables IV and V of Appendix D to Part 122 | List of, respectively, conventional and nonconventional pollutants; and toxic pollutants and hazardous substances required to be identified by existing dischargers if expected to be present. |
(i) 1322 | Part 125 | Criteria and standards for the NPDES, specifically including criteria for extending compliance dates for facilities installing innovative technology (Subpart C), criteria for determining the availability of a variance based on fundamentally different factors (FDF) (Subpart D), and criteria for extending compliance dates for achieving effluent limitations. |
(j) 1330 | Part 412 (July 1, 2006 edition) | Concentrated animal feeding operation (CAFO) point source category effluent limitations and guidelines. | |
(k) 1331 |
Appendix C of Part 122 |
Criteria for determining whether a facility or operation merits classification as a concentrated aquatic animal production facility. |
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(l) 1331 |
Part 125, Subpart B |
Criteria for issuance of permits to aquaculture projects. |
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(m) 1340 |
Part 125.3 |
Technology-based treatment requirements for point source dischargers. |
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(n) 1341 |
122.28 |
Criteria for selecting categories of point sources appropriate for general permitting. |
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(o) 1341 |
124.10(d) (1) |
Minimum contents of public notices. |
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(p) 1341 |
122.26(c) (2) |
Criteria for determining when a point source is considered a "significant contributor of pollution." |
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(q) 1342 |
Part 136 |
Guidelines establishing test procedures for the analysis of pollutants. |
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(r) 1342 |
122.44(g) |
Requirement of 24-hour notice of any violation of maximum daily discharge limits. | |
(s) 1343 |
122.44(f) |
"Notification levels" for discharges of certain pollutants that may be inserted in a permit upon a petition from the permittee or upon the initiative of the department. |
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(t) 1344 |
122.43 |
Applicable requirements for permit conditions. |
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(u) 1344 |
122.44 |
Additional permit conditions which may be applicable to a point source. Such conditions include technology-based and water-quality-based standards, toxic and pretreatment standards, reopener clause, reporting and monitoring requirements, permit duration and reissuance, test methods, best management practices, conditions concerning sewage sludge, privately owned treatment works, and conditions imposed in EPA grants to POTW's. |
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(v) 1344 |
124.56 |
Requirements for fact sheets. |
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(w) 1344 |
124.57 |
Public notice requirements for draft permits. |
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(x) 1344 |
Chapter 1, Subchapter N |
Effluent limitations and standards and new source performance standards. |
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(y) 1344 |
Part 125 |
Criteria and standards for the national pollutant discharge elimination system. |
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(z) 1344 |
Part 129 |
Toxic pollutant effluent standards. | |
(aa) 1344 |
Part 133 |
Secondary treatment regulation. |
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(ab) 1345 |
122.44(j) (2) |
Requirement for the submittal by a publicly owned treatment work (POTW) of a local pretreatment program. |
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(ac) 1345 |
122.45(b) (2) (ii)
(A) |
Availability of alternate permit limitations, standards, or prohibitions based on varying production levels. |
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(ad) 1345 |
Part 136 |
Guidelines for testing procedures for the analysis of pollutants. |
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(ae) 1345 |
125.3 |
Technology-based treatment requirements for point source dischargers. |
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(af) 1345 |
Chapter 1, Subchapter N |
Effluent guidelines and standards for point source dischargers. |
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(ag) 1345 |
122.44(i) |
Monitoring requirements for point source dischargers. |
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(ah) 1354 |
Part 125, Subpart D |
Criteria and standards for determining eligibility for a variance from effluent limitations based on fundamentally different factors (FDF) . |
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(ai) 1361 |
Part 133 |
Requirements for the level of effluent quality available through the application of secondary (or equivalent) treatment. |
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(aj) 1361 |
125.3(c) |
Methods of imposing technology-based treatment requirements in permits. | |
ARM 17.30.... |
16 US Code (USC) |
Description of Fed. Statute |
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(ak) 1341 |
Sec. 1132 |
Wilderness area designations. |
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(al) 1341 |
Sec. 1274 |
Wild and scenic river designations. |
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ARM 17.30.... |
Clean Water Act |
Description of Fed. Statute |
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(am) 1346 |
Sec. 301(b) (2) (A) , (C) , (E) , and (F) |
Deadlines for achieving effluent limitations and treatment of toxic pollutants. |
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(an) 1350 |
Sec. 301(b) (2) (A) , (C) , (E) , and (F) |
Deadlines for achieving effluent limitations and treatment of toxic pollutants. |
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(ao) 1361 |
Sec. 301(c) , (g) , (i) , and (k) |
Provisions allowing for modifying or extending dates for achieving effluent limitations. |
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(ap) 1361 |
Sec. 316(a) |
Provisions allowing a variance from an applicable effluent limitation based on fundamentally different factors (FDF) . |
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(aq) 1361 |
Sec. 402(b) (3) |
Requirement that states administering the NPDES program notify other states whose waters may be affected by a proposed discharge. |
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(ar) 1361 |
Sec. 301(c) , (i) , and (k) ; and Sec. 316(a) |
Provisions for extension of compliance dates with effluent limitations based on, respectively, the economic capability of the permit applicant, delay in completion of POTW's, the use of innovative technology, and specific limits for thermal components of a discharge. | (as) 1361 | Sec. 301(g) | Provisions for modifying effluent limitations for ammonia, chlorine, color, iron and total phenols. |
(at) 1361 | Sec. 402(b)(3) | Provision for notifying other states of certain proposed discharges. |
(au) 1322 | 40 CFR 122.21(i)(1) (July 1, 2006 edition) | Application requirements for concentrated animal feeding operations (CAFOs). |
(av) 1330 | 40 CFR 122.23 (July 1, 2006 edition) | Definitions and permit requirements for concentrated animal feeding operations (CAFOs). |
(aw) 1343 | 40 CFR 122.42(e) (July 1, 2006 edition) | Additional conditions applicable to concentrated animal feeding operations (CAFOs). |
History: 75-5-304, MCA; IMP, 75-5-304, 75-5-401, MCA; NEW, 1989 MAR p. 2060, Eff. 12/8/89; AMD, 1992 MAR p. 1241, Eff. 6/12/92; TRANS, from DHES, and AMD, 1996 MAR p. 1499, Eff. 6/7/96; AMD, 2003 MAR p. 220, Eff. 2/14/03; AMD, 2006 MAR p. 532, Eff. 2/24/06; AMD, 2007 MAR p. 201, Eff. 2/9/07.
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