Mont. Admin. R. 17.53.105 - INCORPORATION BY REFERENCE
(1) In accordance
with the Act, these rules establish a hazardous waste management program that
is the equivalent of the federal hazardous waste management program established
by the United States Congress under the Resource Conservation and Recovery Act
of 1976 (42 USC 6901-6987) , as amended and administered by the EPA.
(2) In view of the Act's requirement of
equivalency with the federal RCRA program and in order to simplify the
rulemaking process and make the rules less cumbersome, in these rules, the
department relies heavily upon adoption and incorporation by reference of
federal requirements as set forth in Title 40 of the Code of Federal
Regulations (CFR).
(3) References
in this chapter that incorporate 40 CFR 60, 61, 63, 124, 260 through 268, 270,
273, or 279 refer to the version of that publication revised as of July 1,
2021. References in this chapter to 40 CFR 124, 260 through 268, 270, 273, or
279 that incorporate publications refer to the version of the publication as
specified at
40 CFR
260.11. Provisions within 40 CFR 60, 61, and
63 that are referenced in 40 CFR 124, 260 through 268, 270, 273, or 279 are
also incorporated by reference.
(4)
Copies of the CFR are available from the U.S. Government Publishing Office
--New Orders, P.O. Box 979050, St. Louis, MO 63197-9000, (866) 512-1800. The
CFR can also be accessed at
https://www.govinfo.gov/app/collection/cfr.
Materials adopted and incorporated by reference in this chapter are also
available for public inspection and copying at the Department of Environmental
Quality, 1520 E. 6th Ave., P.O. Box 200901, Helena, MT 59620-0901.
(5) Where exceptions to incorporated federal
regulations are necessary, these exceptions are noted in the rules.
(6) Cross-references within federal
regulations adopted and incorporated by reference in these rules refer to the
cross-referenced provision as adopted and incorporated by reference in this
chapter with any indicated additions and exceptions.
(7) The adoption and incorporation by
reference of federal regulations as state rules does not negate the requirement
to comply with federal regulations that are not incorporated in this chapter
and that are retained as federal authority.
Notes
AUTH: 75-10-405, MCA IMP: 75-10-405, MCA
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