Montana Department of Environmental Quality About Us Permitting & Operator Assistance Public Participation

Hazardous Waste

Program Overview

Welcome to the Montana Department of Environmental Quality's (DEQ) Hazardous Materials Section of the Waste Management & Remediation Division. The Hazardous Materials Section provides expertise in hazardous waste management and is responsible for permitting, compliance assurance, and technical assistance for hazardous waste and used oil management in Montana.

The Hazardous Materials Section is responsible for regulating storage, treatment, transport, and disposal of hazardous waste and used oil for all hazardous waste handlers in the State of Montana. In addition, the Unit provides technical assistance to, and conducts inspections of, hazardous waste generators of all sizes throughout Montana. The State is divided into two coverage areas with one employee assigned to each area.

Persons who transport hazardous wastes are required to notify the DEQ and to obtain an identification number. Persons who generate hazardous waste (with certain exceptions) are required to maintain an annual generator registration and to pay a registration fee each year, in addition to obtaining an EPA (U.S. Environmental Protection Agency) identification number.


What's New

DEQ’s Hazardous Waste Program has finalized adoption of recent federal hazardous waste regulations and an increase in hazardous waste fees into the Administrative Rules of Montana (ARM). The new rules became effective on May 14, 2022.

DEQ held public information meetings on the proposed rule changes in August 2021. A formal hearing and public comment period on the draft rules were held in February 2022.

The ARM rule amendment includes adoption of 12 federal hazardous waste regulations and a one-time fee increase for generator registration, permit renewal fees, and permit modification fees. A new fee for notifications required under the new rules has also been established.

The rule amendment allows Montana generators and handlers to take advantage of recent changes to the federal hazardous waste regulations. These changes include the Generator Improvement Rule, the Pharmaceutical Rule (Subpart P), adding aerosol cans as a universal waste, and conditional exemptions for airbag wastes.

The Hazardous Waste Program will answer your questions and help with implementing these new regulations. Please call or email (406) 444-5300 or DEQHazWaste@mt.gov (subject line: Hazardous waste compliance assistance) if you have any questions.


Please see the New Hazardous Waste Generator and Permitting Fees, the Episodic Generation, and the Subpart P Fact sheets for additional information.


Please see the presentation below regarding the new Hazardous Waste Rule Amendments. A full transcript for this video can be found here: Transcript


Permitting

A permit from the DEQ is required to construct or operate a hazardous waste treatment, storage, and disposal facility in the State. Permits are issued to ensure hazardous waste facilities are operated in a manner that protects human health and the environment. Permits also require historical releases be cleaned up appropriately. This entails facility soil and groundwater investigations, risk assessments, and review of potential clean up remedies. 


Service Provider Listings

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

For more information please contact the Hazardous Waste Section's Regional Regulatory Personnel.


Records Request

Please follow this link when requestion public records:  Requesting Public Records and Information 


Household Hazardous Waste & E-Waste

Information about household hazardous waste and e-waste are available here: Recycling and Waste.

Contacts

Montana Hazardous Materials Office Contacts

Main Line
(406) 444-5300


Hazardous Waste Program Contacts


Hazardous Waste Permits

Rebecca Holmes (406) 444-2876

Hazardous Waste Permits
Ann Kron (406) 444-5824

Hazardous Waste Permits
Erica Shuhler (406) 444-5852

Hazardous Waste Regulatory
Denise Kirkpatrick (406) 444-3983

Hazardous Waste Regulatory
Jennifer Strause (406) 431-3148

Data Control Specialist
Phil Nyhof (406) 444-2891

Section Supervisor
Denise Brunett (406) 444-4096

OVERVIEW

The Montana Department of Environmental Quality (DEQ) incorporates by reference in the Administrative Rules of Montana (ARM) hazardous waste regulations promulgated by the federal Environmental Protection Agency (EPA). For ease of reading, the federal regulations, found in Title 40 of the Code of Federal Regulations (40 CFR), are listed below.

Please note other State government agencies or city/county regulatory agencies may have requirements which are not covered on this website. For example, the Department of Transportation has requirements for transporting hazardous waste.

The information on this website is not comprehensive of all hazardous waste generator requirements; all generators should consult applicable rules and regulations to ensure compliance.


WHO IS A HAZARDOUS WASTE GENERATOR?

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 regulations. Hazardous waste generators fit into one of three categories (very small, small, or large), depending on the total amount of hazardous waste generated in any calendar month, or how much hazardous waste has been accumulated onsite.

The regulations require a generator of a waste to determine if the waste is a hazardous waste. A hazardous waste generator must determine the applicable generator category and adhere to all applicable hazardous waste regulations.


WHAT IS A HAZARDOUS WASTE?

For a material to be classified as a hazardous waste, it must first be a solid waste. Therefore, the first step in the hazardous waste identification process is to determine if a material is a solid waste. The second step is to determine if the waste is specifically excluded from being a solid waste, or if the waste is exempt in the regulation from being hazardous. Exclusions are detailed in 40 CFR 261.2-4.

Next a generator must determine if the waste is a listed hazardous waste or characteristically hazardous.


Hazardous Waste Types

Hazardous waste can be of two types:

Listed Hazardous Waste

Listed hazardous waste appear on one of four (4) lists, "F," "K," "P," or "U." NOTE: "P" listed wastes are acutely hazardous wastes. These wastes are regulated more stringently because they are more dangerous to the environment and humans.

A listed waste is hazardous not because of the concentration of any contained constituents, but because it meets a listing description on one of the four lists of hazardous waste in the regulations. The primary criterion for applying a listed code to a waste is that the source of the waste is known.

Details about listed hazardous waste may be found in 40 CFR 261 Subpart D.

Characteristic Hazardous Waste

These hazardous wastes are hazardous based on the following four characteristics:

  • Ignitable wastes have a flash point below 140°F.
  • Corrosive wastes have a pH greater than or equal to 12.5, or less than or equal to 2.0.
  • Reactive wastes readily explode or create toxic fumes when exposed to water.
  • Toxic wastes can leach toxic compounds into groundwater.

Details about characteristic hazardous waste may be found in 40 CFR 261 Subpart C.


Hazardous Waste Generator Categories

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

Please see the U.S. Environmental Protection Agency Hazardous Waste Generators website for additional information.


VERY SMALL QUANTITY GENERATORS (VSQG)

VSQGs produce no more than 220 pounds of non-acute hazardous waste in any calendar month and no more than 2.2 pounds of acute hazardous waste in any month. If a VSQG 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 VSQG 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.

VSQG Requirements:
  • Determine if generated solid wastes are a hazardous waste.
  • Determine the site’s generator category monthly.
  • Keep records of waste analysis for three years.
  • Dispose of hazardous waste only at a legitimate recycling facility, a permitted transfer, storage, and disposal facility (TSDF), or a Class II landfill (if you have permission from the landfill operator and the waste is in a solid state.)
  • May treat, recycle, or reclaim waste on-site.
DEQ Recommendations for VSQGs:
  • Mark hazardous waste containers and tanks with the words "Hazardous Waste”, an indication of the hazards of the contents, and the date waste accumulation began (when the waste first became subject to regulation).
  • Keep all containers of hazardous waste closed unless adding or removing wastes.
  • Keep a logbook to ensure compliance with VSQG requirements. The log should provide the following information: the pounds of hazardous waste generated per month by date, the quantity and the EPA waste code(s) associated with each waste, and which hazardous wastes have been disposed and where.

Please see DEQ’s Very Small Quantity Generator Fact Sheet


SMALL QUANTITY GENERATORS (SQG)

SQGs 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 quantity generator. SQG's may accumulate up to 13,200 pounds of hazardous waste on-site. However, accumulation time limits apply as described below.

SQG Requirements:
  • Determine if generated solid wastes are a hazardous waste.
  • Determine monthly the site’s generator category
  • Accumulate hazardous waste on-site for no more than 180 days (270 days if the waste must be transported more than 200 miles for recovery, treatment, or disposal).
  • Mark accumulation containers and tanks with the words "Hazardous Waste”, an indication of the hazards of the contents, and the date accumulation began (when the waste first became subject to regulation).
  • Accumulate in satellite accumulation containers as much as 55 gallons of non-acute hazardous waste at or near the point of generation. Satellite accumulation containers must be marked with the words "Hazardous Waste" and an indication of the hazards of the contents.
  • Keep closed all containers of hazardous waste unless adding or removing wastes.
  • Inspect containers and tanks of hazardous waste in the central accumulation area at least weekly.
  • Ensure transportation of hazardous waste to a permitted TSDF. A hazardous waste manifest, or tolling agreement, must be used for any shipments of hazardous waste off site.
  • Comply with preparedness and prevention requirements including required safety equipment, testing and maintenance of equipment, access to communication or alarm systems, aisle spacing, and arrangements with local authorities.
  • Post the name and emergency telephone number of the emergency coordinator and fire department next to telephones or in areas directly involved in the generation and accumulation of hazardous waste. The locations of fire extinguishers and spill control equipment must also be posted.
  • Submit annual reports of the hazardous waste generated during the previous year to DEQ by March 1 of each year.
  • Maintain copies of annual reports, manifests, and waste analysis on-site for three years.
  • Obtain an EPA identification number and register with DEQ. An EPA notification form is found here: Tanks, Waste & Recycling Permitting and Operator Assistance | Montana DEQ (mt.gov) or register via the website: myRCRAid (epa.gov). A registration fee of $270.00, in accordance with Administrative Rules of Montana (ARM) 17.53.113, will be assessed.

Submit completed registration form by email or USPS (if not using the myRCRAid website) and the $270.00 registration fee to:
 
Email:
DEQHazWaste@mt.gov

Address:
Montana Department of Environmental Quality
Waste and Underground Tank Management Bureau
Hazardous Waste Section
P.O. Box 200901
Helena, Montana 59620-0901

Payment:
Payment may be sent to the address above or electronically. Please see electronic instructions: Electronic Funds Transfer Payment Option Instructions

After your completed Notification Form and registration fee have been received, DEQ will send a written acknowledgement including an EPA Identification Number.

Or

Use EPA’s myRCRAid to obtain an EPA identification number. myRCRAid FAQ

DEQ’s Recommendations for SQGs
  • Keep a logbook to ensure compliance with applicable requirements. The log must provide the following information: the hazardous waste generated per month by date, the quantity and EPA waste code(s) associated with each waste, and which hazardous wastes have been disposed and where.

Please see DEQ’s Small Quantity Generator Fact Sheet


LARGE QUANTITY GENERATORS (LQG)

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

Requirements:
  • Adhere to all small quantity generator hazardous waste requirements (see above).
  • Accumulate hazardous waste onsite for no more than 90 days without a permit.
  • Comply with the Preparedness, Prevention and Emergency Procedures for Large Quantity Generators of 40 CFR 261 Subpart M.
  • Train personnel as required in 40 CFR 262.17(a)(7).
  • Comply with the closure requirement in 40 CFR 262.17(a)(8).

Please see EPA’s Large Quantity Generator Fact Sheet


Episodic Generation

An episodic event, defined in 40 CFR 262.231, is an activity that does not normally occur during generator operations and that causes the generator to exceed the threshold for its normal generator category for the month. Both very small quantity generators and small quantity generators can experience episodic events.

Episodic events can be planned (for example, a tank clean-out) or unplanned (for example, a spill or product recall). An episodic event cannot last more than 60 days beginning on the first day episodic hazardous waste is generated and concluding on the day the hazardous waste is removed from the generator’s site. Increased production of hazardous waste due to an increased rate of production is not an episodic event.

A generator can conduct one planned or unplanned episodic event in a calendar year and can submit a petition for a second event, if necessary, in the same calendar year. If the first event is planned, then any second event must be unplanned. If the first event is unplanned, any second event would have to be planned.

Please see the Episodic Generation Fact Sheet for additional information.


NOTE: This summary of the rules is not complete and does not cover requirements from other federal, state, or local agencies, such as OSHA or the State Fire Marshall. A hazardous waste generator must comply with all requirements of the Montana Hazardous Waste Act and Administrative Rules of Montana.

The Montana Hazardous Waste Program is providing a summary table of hazardous waste requirements. In the table below, generator requirements are noted by the section (§) of Title 40 Code of Federal Regulations (40 CFR), unless otherwise specified. This table does not include all hazardous waste requirements. Generators are responsible for all applicable requirements.

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 regulations. Hazardous waste generators fit into one of three categories, depending on the total amount of hazardous waste generated in any calendar month or how much hazardous waste has been accumulated onsite.

A PDF version of this table is available here: Hazardous Waste Generator – Summary Table



Management Standards
Very Small Quantity Generators
Small Quantity Generators


Large Quantity Generators

Hazardous Waste Determination

A generator of a solid waste, as defined in §261.2, must make a determination as to whether that waste is a hazardous waste.  

Yes
§262.11
Yes
§262.11
Yes
§262.11

Generation Rates for Non-acute Hazardous Waste

The amount of hazardous waste generated per month determines how a generator is categorized and the applicable requirements.

Less than or equal to 220 pounds in any calendar month

(≤ 220 lb/month)

§260.10

Greater than 220 pounds but less than 2,200 pounds in any calendar month

(220 lb/month < waste amount < 2,200 lb/month)

§260.10

2,200 pounds or more in any calendar month

(≥ 2,200 lb/month)

§260.10

Acute Hazardous Waste

Acute hazardous waste is a category of hazardous waste defined in §260.10.

Accumulates or generates 2.2 pounds or less

(≤ 2.2 lb/month)

§260.10

Accumulates or generates 2.2 pounds or less

(≤ 2.2 lb/month)

§260.10

Accumulates or generates more than 2.2 pounds at any time

(> 2.2 lb/month)

§260.10

EPA Identification Number and Registration

Small and large quantity generators must acquire a unique EPA identification number for each site location where waste is generated.

Not Required Required
§262.18
Required
§262.18

On-Site Accumulation Quantity

Amount of hazardous waste generators are allowed to "accumulate" on site under each category.

Less than 2,200 pounds of acute hazardous waste

(accumulated hazardous waste < 2,200 lb at any time)

§262.14(a)(4)

Less than 2.2 pounds of acute hazardous waste or 220 pounds of any residue or contaminated media or debris resulting from the cleanup of a spill of acute hazardous waste

§262.14(a)(3)

No more than 13,200 pounds

(accumulated hazardous waste < 13,200 lb at any time)

§262.16(b)(1)

No limit

Accumulation Time Limit

Amount of time hazardous waste is allowed to accumulate on site.

None

If more than the on-site accumulation amounts of §262.14(a) are accumulated, such waste is subject to additional management standards.

No more than 180 days or 270 days (if transporting greater than 200 miles)

§§262.16(b) – (d)

No more than 90 days

§262.17(a)

Accumulation Container Labeling

Containers of hazardous waste must be clearly marked with:

  • The words “Hazardous Waste,”
  • An indication of the hazards of the contents, and
  • The date accumulation began.
Recommended

Required

§§262.16(b)(6)(i)

Required

§262.17(a)(5)(i)

Closed Accumulation Containers

Containers of hazardous waste must be closed except when adding hazardous waste.

Recommended

Required

§262.16(b)(2)(iii)(A)

Required

§262.17(a)(1)(iv)(A)

TSDF for Disposal

Disposal must occur at an off-site Treatment, Storage, or Disposal Facility (TSDF).

Facilities noted in §262.14(a)(5) Required Required

Land Disposal Restrictions

Standards for placing waste on the land and associated requirements for certifications, notifications, and waste analysis plans.

Not Required

Required

§262.16(b)(7)

Required

§262.17(a)(9)

Manifest

Tracking hazardous waste shipments using the multiple-copy manifest - required by the Department of Transportation (DOT) and EPA.

Not Required

Required

§262.11(f), §262.40(a) and (d), and §262.43

Required

§262.11(f), §262.40(a) and (d), §262.42 and §262.43

Recordkeeping

Maintain records of waste determinations, manifests, and exception reports.

Recommended

Required

§262.11(f) and §262.40

Required

§262.11(f), §262.40(a) and (d), §262.42 and §262.43

Personnel Training

Ensure appropriate personnel complete classroom or on-the-job training to become familiar with proper hazardous waste management and emergency procedures for the wastes handled at the facility.

Recommended

Required for preparedness and prevention

§262.16(b)(8)

Required Personnel Training Program

§262.17(a)(7)

Contingency Plan and Emergency Procedures

Develop procedures to follow during an unplanned major event.

Not Required

Basic planning required

§262.16(b)(8) and (9)

Full plan required

Part 262 Subpart M
(from §262.17(a)(6))

Closure

Close equipment, structures, soils, and units by meeting specified performance standards and disposal and decontamination requirements.

Not Required

Required for tanks, drip pads and containment buildings

Tanks: §262.16(b)(3)(vi)

Drip pads: §265.445

Containment buildings: §265.1102

Required

§262.17(a)(8)

§265.445 for drip pads

See also specific units in 40 CFR part 265 for closure requirements

Annual Hazardous Waste Report

Report data of hazardous waste generated during the previous calendar year.

 

Not required, except a very small quantity generator that has generated hazardous waste due to an episodic event, §262, Subpart L, shall submit an annual report.

Administrative Rules of Montana (ARM) 17.53.603(4)

 

Required

ARM 17.53.603

 

Required

ARM 17.53.603

 

Nationwide, all Small Quantity and Large Quantity Generators of hazardous waste are required to utilize a multipage Uniform Hazardous Waste Manifest (EPA Form 8700-22) to track their shipments of hazardous waste.  All parties (i.e. the generator, transporter(s), and the receiving facility) that handle the waste are required to:

  • Sign and date the manifest.
  • Retain copies of the manifest for three years.

The receiving facility must send a copy, which verifies receipt of the waste, back to the generator.

Montana does not require the receiving facility or the generator to, routinely, send a copy of the manifest to the Hazardous Waste Section.


e-Manifest

EPA’s electronic manifest system for tracking hazardous waste shipments has gone into effect nationwide.  For more information, link to EPA’s e-manifest webpage: https://www.epa.gov/e-manifest 
 

 

For more information, contact the Hazardous Waste Program at (406) 444-5300.

The Montana Department of Environmental Quality (DEQ) has adopted hazardous waste regulations which are equivalent to those promulgated by the Environmental Protection Agency (EPA).  The following information provides a look at these hazardous waste regulations and should help you determine your regulatory status and your requirements for transporting hazardous waste in Montana. 

Be aware there are some differences between the Montana transporter requirements and the Federal transporter requirements.  In addition, the information provided here does not address the transporter regulations of the U.S. Department of Transportation or the Montana Department of Transportation.

The following sections summarize what these differences are and what effect they can have on hazardous waste handlers in Montana:

The 1985 Montana Legislature gave the DEQ the authority for the registration of hazardous waste transporters who operate in Montana.  Under the Federal Program regulations, a hazardous waste transporter is required to notify once only, in the state in which the business is headquartered, and may operate nationwide with this single EPA identification number.  That notification requires the submittal of the EPA "Notification of RCRA Subtitle C Activity" form.  That form may be obtained from the Hazardous Waste Program at (406) 444-5300 or on-line.  The Montana DEQ requires all hazardous waste transporters who maintain depots, terminals, offices, or transfer facilities in Montana, register with the DEQ and identify each of those sites 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.  The registration forms may be obtained by contacting the Hazardous Waste Program at (406) 444-5300 or on-line at twr/assistance.
The Montana Department of Environmental Quality adopted, by incorporation the hazardous waste transporter requirements found in 40 CFR 263.  Those rules require hazardous waste transporters to:
  • properly track hazardous waste shipments,
  • maintain shipping records, and
  • respond to spills and discharges of hazardous waste.

A Montana Hazardous Waste Transporter Registration Form, and a Transporter Service List Form are available on-line.  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 DEQ or your Regional Regulatory Personnel for more information.

For more information, please see our GUIDE TO MONTANA HAZARDOUS WASTE TRANSPORTER RULES


 In addition, you may view and/or print the following lists of available service providers:

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 Program available here: Notification & Registration Forms.

For more information on the transporter standards and/or to obtain an EPA Notification Form 8700-12, please contact:

Department of Environmental Quality
Waste and Underground Tank Management Bureau
Hazardous Materials Section
by telephone at 406-444-5300
or write to P.O. Box 200901
Helena, Montana 59620-0901

Hazardous Waste Transfer Facilities

Per Federal regulations, 40 CFR 263.12, a transfer facility is an area used to temporarily store containerized hazardous wastes in route to a treatment, storage or disposal facility such as loading docks, parking areas, storage areas, and other similar areas. A transporter may hold waste at a transfer facility without a storage permit as long as the hazardous waste shipment is:

  • Being held during the normal course of transportation,
  • Manifested,
  • Being kept in DOT specification containers and,
  • Being held for 10 days or less.

However, the 1987 Montana legislature passed legislative amendments specifying additional requirements for transfer facilities operated by hazardous waste transporters. They are:

Transfer facilities meeting the State definition of a Commercial Transfer Facility, as defined by ARM 17.53.301 (2) (d), which states “a transfer facility owned or operated by a commercial for-hire transporter and in which the major purpose of the commercial transfer facility is the collection, storage, and transfer of hazardous waste; that is, over 50% of the materials moved through the commercial transfer facility are hazardous waste, or greater than 100 tons of materials moved through the commercial transfer facility per year are hazardous waste. The term ‘commercial for-hire transporter’ refers to a transporter who conducts transportation activity on a commercial basis, as opposed to a transporter that is the same business entity as the generator.” are subject to public hearing requirements of 75-10-441, MCA at the site proposal stage and annual reporting requirements ARM 17.53.708. Annual reports are due by March 1 of each year and will be submitted on a form obtained from the Montana Department of Environmental Quality (MDEQ) or on-line at: twr/assistance .

UNIVERSAL WASTES (UW):

Universal waste regulations streamline the hazardous waste management standards for certain categories of hazardous waste that are commonly generated by a wide variety of establishments. The streamlined regulations:

  • promote the collection and recycling of universal waste,
  • ease the regulatory burden on retail stores and other generators that wish to collect these wastes and transporters of these wastes, and
  • encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills or combustors.

Universal waste regulations apply to five types of universal waste:
  1. Spent batteries other than lead-acid batteries;
  2. Suspended or canceled pesticides which are subject to a recall, or pesticides which are collected or managed as part of a waste pesticide collection program;
  3. Mercury containing equipment;
  4. Spent fluorescent, tubes, or incandescent bulbs which are hazardous due to heavy metals; and
  5. Aerosol Cans.

Specific regulations cover the activities of the following entities which might manage Universal Waste:
  • UW Generator: is any person, by site, whose actions first produce a UW;
  • Small Quantity Handler of UW: receives UW from other handlers and sends it to other UW facilities, and never accumulates more than 5,000 kilograms of UW at any time;
  • Large Quantity Handler of UW: receives UW from other handlers and sends it to other UW facilities, and accumulates more than 5,000 kilograms of UW at any time;
  • UW Transporter: transports UW by air, rail, highway, or water;
  • UW Transfer Facility: is a transportation related site, where UW may be held, during transportation, for not more than 10 days;
  • UW Destination Facility: treats, recycles, or disposes of the UW.

** Note: Waste generated as part of a household is not regulated as either a hazardous or a universal waste.

EPA’s Frequently Asked Questions about Universal Waste


UW Regulations

In 1995, the U.S. EPA promulgated regulations for a subset of hazardous waste. Those rules were set forth in Part 273 of Title 40 of the Code of Federal Regulations (CFR). That subset was referred to as Universal Waste (UW). In order to be subject to the Universal Waste regulations, rather than the stricter hazardous waste regulations, the wastes must be destined for recycling. Although the U.S EPA has recognized four Universal Wastes, it allows states to determine if other wastes are regulated as Universal Waste in their states. Montana has adopted 40 CFR 273 and does not recognize any Universal Wastes other than those set forth by the U.S. EPA. The following information provides an overview of the regulations and may help you determine your regulatory status and requirements.

Please review the summary table in the next accordion for a brief synopsis of these requirements.


UW Generator & Small Quantity Handler of UW (SQHUW)
  • Never accumulates more than 5,000 kilograms (11,000 pounds) of UW.
  • May not dispose of UW.
  • May not intentionally dilute or treat UW.
  • Must manage UW so as to prevent releases.
  • Must immediately contain any releases of UW. If releases are hazardous waste, must manage as hazardous waste.
  • May, within strict limits, crush spent lamps.
  • Must mark containers to identify specific type of UW.
  • May not hold UW for longer than one year unless necessary to facilitate proper recovery.
  • Must demonstrate length of time any UW is in accumulation.
  • Must inform employees regarding proper handling of UW and emergency procedures.
  • May ship only to other UW Handlers, UW Destination Facilities, or foreign destination.
  • Must comply with U.S. DOT shipping requirements.

Large Quantity Handler of UW (LQHUW)
  • Exceeds 5,000 kilograms (11,000 pounds) of UW in accumulation.
  • May not dispose of UW.
  • May not intentionally dilute or treat UW.
  • May, within strict limits, crush spent lamps.
  • Must notify MT DEQ of activities.
  • Must manage UW so as to prevent releases.
  • Must immediately contain any releases of UW. If releases are hazardous waste, must manage as hazardous waste.
  • Must mark containers to identify specific type of UW.
  • May not hold UW for longer than one year unless necessary to facilitate proper recovery.
  • Must demonstrate length of time any UW is in accumulation.
  • Must ensure employees are thoroughly familiar with proper UW handling and emergency procedures.
  • May ship UW only to other UW Handlers, UW Destination Facility, or foreign destination.
  • Must comply with U.S. DOT shipping requirements.
  • Must maintain, for at least three years, records of each shipment of UW received at or shipped from facility.

UW Transporter
  • May not dispose of UW.
  • May not intentionally dilute or treat UW.
  • Must comply with U.S. DOT shipping requirements.
  • May not hold shipment at any single transfer site for more than ten days.
  • Must immediately contain any releases. If releases are hazardous waste, must manage as hazardous waste.
  • May transport UW only to UW Handler, UW Destination Facility, or foreign destination.

UW Transfer Facility
  • If UW is held more than ten days, then must comply with appropriate Small Quantity Handler or Large Quantity Handler requirements.

UW Destination Facility
  • Must comply with requirements for Hazardous Waste Treatment, Storage or Disposal Facilities.
  • May ship UW only to other UW Handlers, UW Destination Facilities, or foreign facilities.
  • Must maintain, for at least three years, records for each shipment of UW received.

Electronic Waste (E-Waste)

E-waste includes a wide variety of items such as: cell phones, computers, keyboards, and printers. Many of these items include small bits and pieces of heavy metals. Those metals may cause the e-waste to be regulated as hazardous waste if the items are disposed. However, scrap metal which is recycled, is not considered to be a solid waste, and, is not regulated as a hazardous waste.


Cathode Ray Tubes (CRTs)

Cathode ray tubes (CRTs) are typically recognized as being the picture tubes in older model televisions. CRTs also are used in a variety of diagnostic devices. In many cases, the CRT glass contains enough lead to cause the CRT to be regulated as a hazardous waste if it is disposed. Since the lead is not in the form of bits and pieces of metal, the CRTs are not eligible for the exclusion of scrap metal that is recycled. Therefore, a unique regulatory exclusion was created for CRTs that are recycled.

Please contact your Regional Regulatory Personnel for more information.

Overview of Universal Waste Regulation

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


Universal Waste Requirements

Small Quantity Handler of Universal Waste (SQHUW)

Large Quantity Handler of Universal Waste (LQHUW)
Quantity Handled by Category Accumulate < 5,000 kg (11,000 lb) on site at any one time
§273.9
Accumulate 5,000 kg (11,000) or more on site at any one time
§273.9
EPA Identification Number/Notifications Not required
§273.12
Required/Must notify MT DEQ of activities
§273.32
On-Site Accumulation Limit < 5,000 kg
§273.9
No quantity limit
Storage Time Limit
(without a storage permit)
1 year
§273.15
1 year
§273.35
Labeling and Marking Identify specific type of UW
§273.14
Identitfy specific type of UW
§273.14
Manifest Not required
§273.19
Not required, but must keep basic shipping records
§273.39
Personnel Training Basic training
§273.16
Basic training geared toward employee responsibilities
§273.36

 

EPA finalized a rule in 2019 creating new management standards for hazardous waste pharmaceuticals. The regulations for management and disposal of hazardous waste pharmaceuticals are in 40 CFR 266 Subpart P (Subpart P).

Montana DEQ has adopted the Subpart P requirements and they are mandatory for Montana healthcare facilities that qualify as Small or Large Quantity Generators of hazardous waste or are reverse distributors. Healthcare facilities qualifying as Very Small Quantity Generators (formerly Conditionally Exempt Small Quantity Generators) may voluntarily choose to operate under Subpart P. Please see 40 CFR 266.500 for definitions of qualifying healthcare facilities and reverse distributors.

Am I Subject to Subpart P?

The final rule has three main provisions that will affect healthcare facilities:

  • Ban on “sewering” (intentional disposal through toilets or drains) of hazardous waste pharmaceuticals.
  • Over-the-counter nicotine replacement therapies are exempted from the P075 hazardous waste listing of nicotine, meaning gums, patches, and lozenges will no longer need to be handled as hazardous pharmaceutical waste.
  • Hazardous waste pharmaceuticals managed under Subpart P are not counted toward calculating the site’s generator category

See information links at the bottom of this accordion for more information.


IMPORTANT NOTIFICATION REQUIREMENTS
  • Healthcare facilities qualifying as Small or Large Quantity Generators or reverse distributors must notify DEQ that their facility will be operating under the requirements of Subpart P.
  • Notification must be made within 60 days of the date Subpart P becomes effective in Montana, or within 60 days of the healthcare facility or reverse distributor becoming subject to Subpart P.
  • Notification must be made by submitting an EPA Site Identification Form - EPA 8700-12 in paper or electronically to the DEQ Hazardous Waste Program or through the myRCRAid (epa.gov) Links for the EPA Site Identification Form and mailing and emailing instructions are listed below.
  • Very Small Quantity Generators choosing to operate under Subpart P must also notify the DEQ Hazardous Waste Program by submitting an EPA Site Identification Form – 8700-12.

NOTIFICATION FEE

A one-time fee of $150 will be charged to Small and Large Quantity Generators for Subpart P notifications. The fee will be assessed when DEQ receives a completed EPA 8700-12 notifying of a facility’s intention to operate under Subpart P. Reverse distributors and Very Small Quantity Generators are not required to pay the notification fee.


FOR ASSISTANCE AND MORE INFORMATION

If you have questions or need assistance, please contact your Regional Regulatory Personnel.


Information Links

A hazardous waste management facility means all contiguous land and structures, other appurtenances, and improvements on the land used for treating, storing, or disposing of hazardous waste. A facility may consist of several treatment, storage, or disposal operational units. These are also referred to as RCRA Permitted Facilities.

Additional information at:

facility picture

Montana has the following twelve permitted facilities:

  1. BNSF Somers Tie Treating Plant
    Somers, Montana
    RCRA Facility Fact Sheet
  2. Burlington Northern Santa Fe Railway
    Former Paradise Tie Treating Plant
    Paradise, Montana
    RCRA Facility Fact Sheet
  3. Calumet Montana Refining LLC
    Great Falls, Montana
    RCRA Facility Fact Sheet
  4. CHS Incorporated
    Laurel Refinery
    Laurel, Montana
    RCRA Facility Fact Sheet
  5. ExxonMobil Refining and Supply Company
    Billings Refinery
    Billings, Montana
    RCRA Facility Fact Sheet
  6. Flying J Petroleums Incorporated
    Former Cut Bank Refinery
    Cut Bank, Montana
    RCRA Facility Fact Sheet
  7. Loveland Products, Inc. (Transbas Incorporated)
    Billings, Montana
    RCRA Facility Fact Sheet
  8. Malmstrom Air Force Base
    Great Falls, Montana
    RCRA Facility Fact Sheet
  9. Montana State University
    Bozeman, Montana
    RCRA Facility Fact Sheet
  10. Onyx Environmental
    Butte, Montana
    RCRA Facility Fact Sheet
  11. Phillips 66 Company 
    Billings Land Treatment Unit
    Billings, Montana
    RCRA Facility Fact Sheet
  12. Phillips 66 Company
    Billings Refinery
    Billings, Montana
    RCRA Facility Fact Sheet

 

The links below take you to the specific statutes and rules that set forth the requirements for the proper management of hazardous waste and used oil in Montana.

Montana Code Annotated

Administrative Rules of Montana

Code of Federal Regulations

Registration Act Summary

Montana has a statute (75-10-451 MCA) that imposes an additional requirement on the handlers of certain solvents.  Those solvents are known as halogenated solvents.  Some common names for those solvents are:  Methylene Chloride, Tetrachloroethylene (aka Perchloroethylene), Trichloroethylene, and various Trichloroethanes. 

Some common solvents which are not halogenated solvents are:  Acetone, Ethyl Alcohol (Ethanol), Methyl Alcohol (Methanol, Methyl Ethyl Ketone), Stoddard Solvent (mineral spirits), and Toluene.

Anyone who sells, buys, or uses more than 20 gallons of halogenated solvent in any year must register with the Montana Department of Environmental Quality.  The no-fee registration may be accomplished by submitting a completed Halogenated Solvent User Registration Form.  A company that has multiple sites is not required to obtain a halogenated solvent user registration number for each site.  Multiple cards for the same registration will be issued upon request.

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