Mont. Admin. R. 17.53.301 - DEFINITIONS
(1) Except where inconsistent with the
definitions in (2), the definitions in 40 CFR 260 through 268, 270, 273, and
279 are adopted and incorporated by reference.
(2) In this chapter, the following terms
shall have the meanings or interpretations shown below:
(a) The "act or RCRA" definition at
40
CFR 260.10 is excluded from the incorporation
by reference at (1). "Act" has the meaning given to it at ARM
17.53.107(1)
(a).
(b) "Board" means the board of environmental
review provided for in
2-15-3502,
MCA.
(c) "Calendar year" means a
year beginning on January 1 and ending on December 31.
(d) "Commercial transfer facility" means 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 wastes; that is, over 50% of the materials
moved through the commercial transfer facility are hazardous wastes, or greater
than 100 tons of materials moved through the commercial transfer facility per
year are hazardous wastes. 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.
(e) "Department" means
the Montana department of environmental quality provided for in
2-15-3501,
MCA.
(f) In the "existing tank
system or existing component" definition at
40
CFR 260.10, the installation commencement
date is July 14, 1986, for HSWA tanks, and June 7, 1989, for non-HSWA
tanks.
(g) "HSWA" means Hazardous
and Solid Waste Amendments of 1984.
(h) "HSWA drip pad" means a drip pad
associated with F032 waste.
(i)
"HSWA tank" means:
(i) a tank owned or
operated by a generator of less than 1000 kg (2200 pounds) of hazardous waste
per calendar month;
(ii) a new
underground tank; or
(iii) an
existing underground tank that cannot be entered for
inspection.
(j) "Major
HWM facility" means any HWM facility or activity classified as such by the
department, in consultation with the EPA.
(k) "New tank system" or "new tank component"
means a tank system or component that will be used for the storage or treatment
of hazardous waste:
(i) for which installation
commenced after July 14, 1986, for HSWA tanks, as defined in (2) (h) , and June
7, 1989, for non-HSWA tanks, as defined in (2) (n); or
(ii) for the purposes of
40 CFR
264.193(g) (2) and 40 CFR
265.193(g) (2) , for which construction commenced after January 12, 1987, for
HSWA tanks and March 15, 1991, for non-HSWA tanks. (m) "Non-HSWA drip pad"
means a drip pad associated with F034 or F035 waste.
(l) "Non-HSWA tank" means all tanks except:
(i) a tank owned or operated by a generator
of less than 1000 kg (2200 pounds) of hazardous waste per calendar
month;
(ii) a new underground tank;
and
(iii) an existing underground
tank that cannot be entered for inspection.
(m) "RCRA" when used prior to numbered
citations, e.g., "RCRA §3008" means the Resource Conservation and Recovery
Act. "RCRA" alone, without a numbered citation, has the same meaning as "act"
as defined in ARM
17.53.107(1)
(a).
(n) "Registration" means notification by a
hazardous waste generator through the use of a registration form provided by
the department.
(o) "Registration
year" means a calendar year for which generator registration is required and
for which a registration fee is assessed.
Notes
AUTH: 75-10-405, MCA; IMP: 75-10-405, MCA
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