Requirements for Hazardous Waste Generators in Montana

 

The Montana Department of Environmental Quality (MT DEQ) has adopted hazardous waste regulations which are equivalent to those promulgated by Environmental Protection Agency (EPA). For the most part, that was done by citing the federal regulations found in Title 40 of the Code of Federal Regulations (40 CFR). The following information provides a look at these hazardous waste regulations and should help you determine your regulatory status and your requirements. Please review the Overview Chart for a brief synopsis of these requirements.

It is important to note that other state government agencies or city/county regulatory agencies may have requirements which are not covered in this summary. For example, the Department of Transportation has requirements for transporting hazardous waste. If you have any questions or need additional information, please contact your Regional Regulatory Personnel or call the MT DEQ, Hazardous Waste Section at (406) 444-5300.

The Administrative Rules of Montana (ARM) provide the regulations for hazardous waste generators in Montana. These regulations require a generator of a waste to determine if the waste is a hazardous waste. A hazardous waste generator must determine his generator size and to adhere to all applicable hazardous waste regulations.

Hazardous Waste Types

Hazardous Waste can be of two types: characteristic and listed.

Characteristic

CHARACTERISTIC HAZARDOUS WASTES:

These hazardous wastes are hazardous due to having any of the following four characteristics: ignitability, corrosivity, reactivity, or toxicity.

Listed

LISTED HAZARDOUS WASTES

These hazardous wastes have been determined to be harmful to human health and the environment. Listed hazardous waste appear on one of four (4) lists, "F," "K," ",P" or "U."

NOTE: "P" listed wastes are acute hazardous wastes. These wastes are regulated more stringently because they are so dangerous to the environment and humans.

Hazardous Waste Generators

A hazardous waste generator is any person, by site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation.

Hazardous waste generators fall into one of three categories (large, small, or conditionally exempt small) depending upon the total amount of hazardous waste generated in any calendar month, and/or how much hazardous waste has been accumulated on site.

See also the U.S. Environmental Protection Agency, Hazardous Waste Generators website.

Overview

Overview of Hazardous Waste
Generators Requirements

(§ are 40 CFR unless otherwise noted, for regulation specifics go to Electronic Code of Federal Regulations)


Management Standards		 Conditionally Exempt Generators
Small Generators

Large Generators
Waste Determination Yes
§262.11		 Yes
§262.12		 Yes
§262.12
Acute Hazardous Waste Accumulates or generates 2.2 pounds or less
§§261.5 (a) and (e)		 Not Applicable Accumulates or generates more than 2.2 pounds at any time.
§§Part 262 and 261.5(e)
Generation Rates -  Non-acute Hazardous Waste Less than 220 pounds per any calendar month
§261.5(a)		 Between 220 pounds and 2,200 pounds per any calendar month
§262.34(d)		 More than 2,200 pounds per any calendar month
§262.34(b)
EPA Identification Number and Registration Not Required Required
§262.12		 Required
§262.12
Satellite Accumulation  Containers No requirements; recommend closed and properly marked
§261.5		 Closed and marked with words, "Hazardous Waste", or description of contents
§262.34(a)(iv)(B)(3) and (c)(1)(ii)		 Closed and marked with words, "Hazardous Waste", or description of contents
§262.34(a)(iv)(B)(3) and (c)(1)(ii)
Accumulation Container Markings Recommended
§261.5		 Words "Hazardous Waste" and date accumulation begins
§§262.31 - 262.32		 Words "Hazardous Waste" and date accumulation begins
§§262.31 - 262.32
Closed Accumulation Containers Recommended
§261.5		 Yes Yes
Container & Tank Requirements Recommended
§261.5		 Comply with 40 CFR 265 subparts I & J Comply with 40 CFR 265 subparts I & J
Accumulation Time Limits None.  If more than 2,200 pounds of non-acute hazardous waste are accumulated, all hazardous waste must be regulated as if generated by a small generator.
§261.5		 180 days if transported less than 200 miles, 270 days if transported more than 200 miles.  May accumulate up to 13,228 pounds of non-acute hazardous waste.
§262.34		 90 days
§262.34
TSDF for Disposal Not Required Required
§262.20(a)(1)		 Required
§262.20(a)(1)
Manifest Not Required Required
§§262.20 - 262.23		 Required
§§262.20 - 262.23
Record Keeping

3 years for test results, waste analysis, or other waste determinations.
§261.5

 3 years for manifest, annual reports, waste analysis
§§262.40 - 262.44		 3 years for manifest, annual reports, waste analysis
§§262.40 - 262.44
Log of Monthly Generation Rates Recommended Recommended Recommended
Annual Reports Not Required Required
ARM 17.53.603		 Required
§§262.41 and ARM 17.53.603
Emergency/ Contingency Plan

Written emergency plans & emergency phone numbers listed by phones recommended
§261.5

 Emergency coordinator & fire department phone numbers, and location of extinguishers & spill material
§262.34(d)		 Written contingency plans maintained on site and submitted to local police & fire departments, hospitals and local emergency teams.  Adhere to  ARM 17.53.601 requirements.
§262.34(a)(5)

Conditionally Exempt Small Quantity

(CESQG's)

These generators produce less than 220 pounds of non-acute hazardous waste in any calendar month or no more than 2.2 pounds of acute hazardous waste in any month. If a CESQG accumulates more than 2,200 pounds of hazardous waste, all hazardous waste on site becomes subject to regulation as if generated by a small quantity generator. If a CESQG generates more than 2.2 pounds of acute hazardous waste in any month, or accumulates more than 2.2 pounds of acute hazardous waste at any time, all hazardous waste on site becomes subject to regulation as if generated by a large quantity generator.

Requirements:

  • Determine which generated wastes are hazardous.
  • Keep records of waste analysis for three years.
  • Dispose of hazardous waste only at a legitimate recycling facility, a permitted TSDF, or a Class II landfill. (Note: Please ensure the waste is in a solid state and you have the landfill operator's permission.)
  • May treat, recycle, or reclaim waste on-site. (Note: Contact your Regional Regulatory Personnel for requirements.)

Small Quantity

Small Quantity Generators (SQG's)

These generators produce between 220 pounds and 2,200 pounds of non-acute hazardous waste in any calendar month. If a SQG generates more than 2.2 pounds of acute hazardous waste in any month, all hazardous waste on site becomes subject to regulation as if generated by a large generator. SQG's may accumulate up to 13,228 pounds of hazardous waste on-site. However, accumulation time limits, as described below, must be adhered to.

Requirements:

  • SQG's must obtain an EPA identification number and register with the Montana Department of Environmental Quality. An EPA notification form may be obtained by contacting the Hazardous Waste Section at (406) 444-5300.
  • Small and large generators of hazardous waste must submit a completed Notification of RCRA Subtitle C Activity Form (EPA Form 8700-12) and a payment of a $225.00 registration fee, in accordance with Montana Hazardous Waste Administrative Rules (ARM) 17.53.113. If you are required to register and fail to do so, you may be subject to enforcement actions including penalties. Submit your completed Notification Form and a $225.00 registration fee to:
     
    Montana Department of Environmental Quality
    Waste and Underground Tank Management Bureau
    Hazardous Waste Section
    P.O. Box 200901
    Helena, Montana 59620-0901


    After your completed Notification Form and registration fee have been received, you will be sent a written acknowledgement which will include your EPA Identification Number.
  • Hazardous waste may be accumulated on-site for up to 180 days. If the waste must be transported more than 200 miles for recovery, treatment, or disposal, it may be accumulated for up to 270 days.
  • Accumulation containers and tanks must be marked with the words, "Hazardous Waste" and the date accumulation began, or when the waste first became subject to regulation.
  • SQG's and LQG's may accumulate as much as 55 gallons of non-acute hazardous waste at or near the point of generation. This container, known as a satellite accumulation container, must be marked with the words, "Hazardous Waste" or with words which describe its contents.
  • Both, accumulation and satellite containers must remain closed unless adding or removing wastes.
  • A log book is recommended to ensure compliance with appropriate requirements. The log must provide the following information: the hazardous waste generated per month by date, the EPA waste code(s), the quantity, and which hazardous wastes have been removed from accumulation.
  • Hazardous waste must be transported to a permitted TSDF.
  • A hazardous waste manifest, or tolling agreement, must be used for nay shipments of hazardous waste off site.
  • Emergency contacts and phone numbers must be posted next to telephones. In addition, locations of fire extinguishers and spill control material must also be posted by phones.
  • Annual reports are required to be completed and submitted to MT DEQ by March 1 of each year.
  • Copies of annual reports, manifests, and waste analysis must be maintained on-site for three years.

Large Quantity

Large Quantity Generators (LQG's)

These generators produce more than 2,200 pounds of non-acute hazardous waste in any calendar month, or more than 2.2 pounds of acute hazardous waste in any month.

Requirements:

  • Must adhere to all small generator hazardous waste requirements.
  • May accumulate hazardous waste for up to 90 days without a permit.
  • Must maintain a written contingency plan on site and must submit copies to local police and fire departments, hospitals, and emergency response teams. For additional emergency requirements, please refer to Title 40 of the Code of Federal Regulations (CFR) Part 265 subparts C and D.

Site Status Classification

These are the classification definitions for active, closed or inactive sites.

Active

A site is designated as active when the person or business located at the site is generating and/or handling regulated waste subject to hazardous waste, universal waste, or used oil management regulations under the Montana Hazardous Waste Act.

Closed

A site is designated as closed when the business located at the site is out of operation and regulated wastes subject to hazardous waste, universal waste, or used oil management regulations under the Montana Hazardous Waste Act are no longer generated and/or handled. This is a Montana-specific classification.

Inactive

A site is designated as inactive when the business located at the site is not generating and/or handling regulated waste subject to hazardous waste, universal waste, or used oil management regulations under the Montana Hazardous Waste Act. This is a Montana-specific classification.

NOTE: This summary does not cover requirements from other federal, state, or local agencies such as OSHA or the State Fire Marshall.

A Guide to Hazardous Waste and Used Oil Management in Montana

The Hazardous Waste Program has prepared a computer CD entitled "A Guide to Hazardous Waste and Used Oil Management in Montana" which provides additional information. A copy of that CD may be obtained by contacting the Hazardous Waste Program at (406) 444-5300.

You may view and/or print the following lists of available service providers and EPA notification form: