A Guide to Transporter Rules


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The Montana Hazardous Waste Program has been authorized by the U.S. EPA to operate in lieu of the Federal Program in Montana.  In order to receive this authorization status, our agency had to demonstrate that the Montana Program was equivalent to the Federal Program and with other states’ authorized programs. We also had to commit to maintain this equivalency over time, as the Federal Program undergoes changes.

There are some differences, however, between the Montana Program and the Federal Program.  The following sections summarize what these differences are and what effect they can have on hazardous waste handlers in Montana:

This document is designed to present only the Montana Hazardous Waste Transporter Regulations.  This document does not address transportation regulations set forth by the U.S. Department of Transportation or the Montana Department of Transportation.  A Hazardous Waste Transporter Registration Form, and a Transporter Service List Form are available upon request.  A transporter who wishes to transport hazardous wastes into Montana from a foreign country or mix hazardous waste of different DOT shipping descriptions should contact our agency or contact your County Regulatory Personnel for more information.

Individuals or companies who wish to do business as a transporter in Montana may also want to contact the following agencies regarding the listed issues:

Commercial Drivers Licensing
Montana Motor Vehicle Division
(406) 444-1773

Vehicle Licensing and Size and Weight Permits
Montana Motor Carrier Services Division
(406) 444-6130

Registration of Business Name
Montana Business Services Bureau
(406) 444-3665

Worker Safety and Safety Training
U.S. OSHA Office 
(406) 488-7087
Billings
(406) 247-7494

Transporting Hazardous Materials
Federal Highway Commission 
(406) 441-1222
Montana Department of Transportation
(406) 444-6200

In addition, you may view and/or print the following lists of available services in either Adobe PDF or Microsoft Word:

Note: If you wish to terminate your Transporter Registration with the State of Montana, you must submit the Termination of Hazardous Waste Transporter Form to the Hazardous Waste Disposal Program.

Transporter Registration

The 1985 Montana Legislature gave our agency the authority to improve the registration of hazardous waste transporters who operate in Montana.  Under the Federal Program regulations, a transporter is required to notify once only, in the state in which the business is headquartered, and can operate nationwide with this single EPA identification number.  Under this system, EPA and the states have no good way of knowing in how many and in which states the transporter actually operates. The Montana Program transporter registration rule requires all hazardous waste transporters who maintain depots, terminals, offices, or transfer facilities in Montana to register (see the AWM Forms Page for this registration form) with our agency and identify each of those sites that they maintain in the state.  There is no fee for registration, and registration renewal is accomplished every three years.  This transporter registration requirement does not apply to out-of-state transporters who merely pass through Montana or who only pick up or deliver wastes at locations in Montana without having any terminals, depots, offices, or transfer facilities in the state.

Note: Our office does gain knowledge of which transporters pick up or deliver hazardous wastes in Montana via the annual reports submitted by generators and hazardous waste management facilities.

Transporter Transfer Facilities

The 1987 Montana legislature passed legislative amendments specifying additional requirements for transfer facilities operated by hazardous waste transporters.  Under the federal regulations, a transporter may temporarily hold waste shipments at transfer facilities for up to ten days without a permit and without additional regulatory requirements.  The Montana rules require that these less-than-ten day facilities must meet requirements regarding:

  • personnel training,
  • site security,
  • emergency preparedness and response,
  • safe container handling.

Also, those transfer facilities where hazardous waste transportation and transfer is the major business activity (defined as “commercial transfer facilities”), are subject to public hearing requirements at the site proposal stage and to annual reporting requirements.

Montana Transporter Rules

The Montana Department of Environmental Quality (DEQ) adopted, by referencing the Code of Federal Regulations (CFR), the transporters of hazardous waste standards in 40 CFR 263 .

  • In accordance with the Act, ARM Title 17, chapter 53, subchapter 7, establishes a hazardous waste management (HWM) program for transporters that is the equivalent of the federal HWM program. Chapter 54 has been repealed and replaced with chapter 53.  To obtain a copy of chapter 53, contact the Secretary of State's office or the Air and Waste Management Bureau (406-444-3490). Additional transporter requirements are contained in subchapter 7.
  • In view of the Act's requirement of equivalence with the federal RCRA program 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).
  • When incorporated by reference in this chapter, references to 40 CFR 263 shall mean the version of that publication revised as of July 1, 1999. When used in 40 CFR 263 as incorporated in this chapter, references to federally incorporated publications shall mean that version of the publication as specified at 40 CFR 260.11.
For more information on the transporter standards and/or to obtain an
EPA Notification Form 8700-12
please contact the
Department of Environmental Quality
Waste and Underground Tank Management Bureau
by telephone at 406-444-3490
or write to P.O. Box 200901
Helena, Montana 59620-0901