1. (1) The department is not adopting and incorporating by reference the authority to grant the following exemptions to land disposal restrictions, which may be granted only by the administrator of EPA:

   1. (a) case-by-case extensions of federal effective dates, pursuant to 40 CFR 268.5;
   2. (b) allowance of land disposal of a waste prohibited under 40 CFR 268, subpart C, pursuant to a petition filed under 40 CFR 268.6;
   3. (c) approval of alternate treatment methods, pursuant to 40 CFR 268.42(b) ; and
   4. (d) variance from a treatment standard, pursuant to 40 CFR 268.44.

2. (2) For the reason described in (1) , the following federal regulations are not adopted and incorporated by reference:

   1. (a) 40 CFR 268.5;
   2. (b) 40 CFR 268.6;
   3. (c) 40 CFR 268.42(b) ; and
   4. (d) 40 CFR 268.44.
3. (3) "Hazardous wastes for which land disposal prohibitions or treatment standards have not been promulgated in 40 CFR 268, subparts C or D, as incorporated by reference in ARM 17.53.1001(1) ;" is substituted for 40 CFR 268.1(e) (3) , pertaining to hazardous waste not subject to land disposal restrictions.
4. (4) In 40 CFR 268.9(d) , pertaining to special rules regarding wastes that exhibit a characteristic, "department" is substituted for "EPA Region or authorized state".
5. (5) In 40 CFR 268.40, pertaining to treatment standards, the term "Administrator" is retained.

Authorizing statute(s): 75-10-405, MCA

Implementing statute(s): 75-10-405, MCA

History: NEW, 2001 MAR p. 169, Eff. 1/26/01; AMD, 2005 MAR p. 442, Eff. 4/1/05.