Montana Characteristic Waste regulations & environmental compliance analysis

Montana Characteristic Waste: What you need to know

Governing Law and Regulations

Characteristic hazardous waste: Administrative Rules of Montana (ARM) 17.53.501 to 17.53.502

Regulatory Agencies
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Montana Department of Environmental Quality (DEQ) Permitting and Compliance Division Waste and Underground Tank Management Bureau

U.S. Environmental Protection Agency (EPA) Region 8

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Montana has adopted by reference the federal rules that define a waste that exhibits the characteristics of ignitability, corrosivity, reactivity, or toxicity as a hazardous waste, except:

40 CFR 261, Appendix IX, is not adopted and incorporated by reference. As a result, the wastes excluded under Appendix IX are included under state rules.

—Montana substitutes under 40 CFR 261.21(a)(3), "a flammable gas as defined in 49 CFR 173.115(a)" for "an ignitable compressed gas as defined in 49 CFR 173.300."

—In 40 CFR 261.21(a)(4), "an oxidizer as defined in 49 CFR 173.127" is substituted for "an oxidizer as defined in 49 CFR 173.151."

—Montana substitutes "It is a forbidden explosive as defined in 49 CFR 173.54; or would have been a Class A or B explosive as defined in 49 CFR 173.52 to 173.53," for 40 CFR 261.23(a)(8).

For a discussion of the federal rules, see the national section CHARACTERISTIC WASTE. Wastes may be classified as hazardous because of their characteristics or if they have been placed on hazardous waste lists by EPA. In addition, a generator may also use knowledge of the process that created the waste to further classify wastes. See the state sections HAZWASTE DETERMINATION (CLASSIFICATION) and LISTED WASTES

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Montana Characteristic Waste Resources

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