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17.53.602    EXCEPTIONS AND ADDITIONS TO ADOPTION OF FEDERAL STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

(1) In 40 CFR 262.11(c), the reference to "Administrator" is retained. Petitions by Montana generators to delist a hazardous waste must be filed with EPA.

(2) In 40 CFR 262.11(d)(1) and(d)(2), pertaining to hazardous waste determination, the phrase "or according to an equivalent method approved by the Administrator under 40 CFR 260.21" is not adopted and incorporated by reference.

(3) In 40 CFR 262.18(d), the reference to "biennial report" is replaced with "annual report."

(4)  In 40 CFR 262.24(a)(3) and 262.25, references to "EPA" are retained.

(5) In 40 CFR 262.40(b) , pertaining to generator recordkeeping, "annual" is substituted for "biennial".

(6) ARM 17.53.603 is substituted for 40 CFR 262.41, pertaining to biennial reporting.

(7) In 40 CFR 262.42(a) (2) and (b) , pertaining to exception reporting, the words "in the Region in which the generator is located" are not adopted and incorporated by reference.

(8) ARM 17.53.604 is substituted for 40 CFR 262.43, pertaining to additional reporting requirements.

(9) In 40 CFR 262.80 through 262.84, pertaining to transboundary movements of hazardous waste for recovery or disposal, references to "EPA" are retained.

(10) Exception reports required from primary exporters pursuant to 40 CFR 262.83(h) must be filed with EPA and the department.

(11) Annual reports required from primary exporters pursuant to 40 CFR 262.83(g) must be filed with EPA and the department.

(12) In 40 CFR 262.83(i)(3) and 262.84(h)(f), pertaining to export and import record keeping, the references to the "Administrator" are retained. The department may also require extensions of record retention times for hazardous waste export records.

(13) Very small quantity generators are not subject to the requirements of ARM 17.53.603, except for those who generate due to an episodic event in accordance with 40 CFR 262, Subpart L.

 

History: 75-10-204, 75-10-404, 75-10-405, MCA; IMP, 75-10-204, 75-10-405, MCA; NEW, 2001 MAR p. 169, Eff. 1/26/01; AMD, 2002 MAR p. 789, Eff. 3/15/02; AMD, 2002 MAR p. 3397, Eff. 12/13/02; AMD, 2005 MAR p. 442, Eff. 4/1/05; AMD, 2022 MAR p. 693, Eff. 5/14/22.

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