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.
2023 Annual Reporting
Instructions and Reporting Forms for the 2023 Annual Report are now available on the Permitting and Operator Assistance page under Hazardous Waste Forms: Reporting Forms.
Household Hazardous Waste & E-Waste
Information about household hazardous waste and e-waste are available here: Recycling and Waste.
Main Line
(406) 444-5300
Section Supervisor
Denise Kirkpatrick (406) 444-3983
Hazardous Waste Regulatory
Jennifer Strause (406) 431-3148
Hazardous Waste Regulatory
Phil Nyhof (406) 444-2891
Data Control Specialist
Nolan Golz (406) 444-5852
Hazardous Waste Permits
Alexis Frost (406) 444-1435
Hazardous Waste Permits
Julie Avina (406) 444-4096
Hazardous Waste Permits
Vacant
New Training Resources
- What Is Hazardous Waste Video Transcript
- Healthcare Facilities Compliance Video Transcript
- Universal Waste Video Transcript
- Used Oil Video Transcript
Additional Resources
In accordance with 40 CFR 262.42 (as incorporated by reference in ARM 17.53.601), large and small quantity generators of hazardous waste who do not receive a copy of the manifest signed by the designated facility must submit an exception report. Large quantity generators (LQG) must submit the report within 45 days and small quantity generators (SQG) must submit the report within 60 days of the original shipment date. A generator may comply with 40 CFR 262.42 by submitting the following form to DEQ: Manifest Extension Report
Due to the nationwide incinerator backlog persisting longer than initially anticipated, the EPA has published FAQs on the Hazardous Waste Incinerator Backlog. Check out the webpage here.
In accordance with 40 CFR 262.17(b) and 40 CFR 262.16(d) (as incorporated by reference in ARM 17.53.601), large and small quantity generators of hazardous waste may request an extension to waste storage time limits if waste must remain on-site longer than 90 days (for LQG) or 180/270 days (for SQG). The delay must be due to unforeseen, temporary, and uncontrollable circumstances. DEQ may grant a 30-day extension on a case-by-case basis. The request must be submitted before waste accumulation limits are reached. A generator may comply with 40 CFR 262.17(b) or 40 CFR 262.16(d) by submitting the following form to DEQ: Waste Storage Extension Request
Due to the nationwide incinerator backlog persisting longer than initially anticipated, the EPA has published FAQs on the Hazardous Waste Incinerator Backlog. Check out the webpage here.
You may view and/or print the following lists of available service providers:
- Hazardous Waste Analytical Laboratories
- Hazardous Waste Consultants and Remediation Firms
- Hazardous Waste Transporter Services
- Universal Waste Lamp Recyclers
- Used Oil Collectors
For more information please contact the Hazardous Waste Section's Regional Regulatory Personnel.
Click on County Name to send e-mail ![Hazardous Waste Map](https://deq.mt.gov/files/Land/Hazwaste/images/HazWasteMap300.jpg)
REGION 1 Jennifer Strause |
REGION 2 Phil Nyhof |
---|---|
Military Facilities, Out-of-State, School Lab Waste Disposal or Unexploded Ordinances - contact Jennifer | |
Beaverhead | Big Horn |
Blaine | Broadwater |
Cascade | Carbon |
Chouteau | Carter |
Deer Lodge | Custer |
Fergus | Daniels |
Flathead | Dawson |
Glacier | Fallon |
Granite | Gallatin |
Hill | Garfield |
Jefferson | Golden Valley |
Judith Basin | McCone |
Lake | Meagher |
Lewis & Clark | Musselshell |
Liberty | Park |
Lincoln | Powder River |
Madison | Prairie |
Mineral | Richland |
Missoula | Roosevelt |
Petroleum | Rosebud |
Phillips | Sheridan |
Pondera | Stillwater |
Powell | Sweet Grass |
Ravalli | Treasure |
Sanders | Wheatland |
Silver Bow | Wibaux |
Teton | Yellowstone |
Toole | |
Valley |
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:
[email protected]
Address:
Montana Department of Environmental Quality
Waste Management Bureau
Hazardous Waste Section
P.O. Box 200901
Helena, Montana 59620-0901
Payment:
Payment may be sent to the address above or please see the invoice for additional payment options.
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 262 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:
|
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 |
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:
- 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 A GUIDE TO MONTANA HAZARDOUS WASTE TRANSPORTER RULES
In addition, you may view and/or print the following lists of available service providers:
- Hazardous Waste Analytical Laboratories
- Hazardous Waste Consultants and Remediation Firms
- Hazardous Waste Transporter Service
- Universal Waste Lamp Recycler
- Used Oil Collectors
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.
Department of Environmental Quality
Waste Management Bureau
Hazardous Materials Section
Mail: 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:
- personnel training – ARM 17.53.704;
- emergency preparedness, prevention, and response – ARM 17.53.706; and
- container handling – ARM 17.53.707.
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:
- Spent batteries other than lead-acid batteries, provided the lead-acid batteries are being managed under the requirements of 40 CFR 266 subpart G;
- 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;
- Mercury containing equipment;
- Spent fluorescent, tubes, or incandescent bulbs which are hazardous due to heavy metals; and
- 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.
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 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
- 40 CFR 266 Subpart P (ecfr.gov)
- DEQ’s Hazardous Waste Program Webpage (mt.gov)
- EPA Site Identification Form – 8700-12 Form (mt.gov)
- myRCRAid Webpage (epa.gov)
- EPA's webpage: "Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine" (epa.gov)
- EPA’s webpage: “Frequent Questions about the Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine Final Rule” (epa.gov)
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.
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.
Additional information at:
![facility picture](https://deq.mt.gov/files/Land/hazwaste/images/RCRA_perm_facility.gif)
- EPA's Hazardous Waste Permitting webpage
- RCRA Hazardous Waste Permit Applications - Notification of Regulated Waste Activity (EPA Form 8700-12) and Part A Permit Application (EPA Form 8700-23)
- Permit & Modification Fees
Montana has the following twelve permitted facilities:
- BNSF Somers Tie Treating Plant
Somers, Montana
RCRA Facility Fact Sheet - BNSF Paradise Railway Company
Former Paradise Tie Treating Plant
Paradise, Montana
RCRA Facility Fact Sheet - Calumet Montana Refining LLC
Great Falls, Montana
RCRA Facility Fact Sheet - CHS Incorporated
Laurel Refinery
Laurel, Montana
RCRA Facility Fact Sheet - ExxonMobil Refining and Supply Company
Billings Refinery
Billings, Montana
RCRA Facility Fact Sheet - Flying J Petroleums Incorporated
Former Cut Bank Refinery
Cut Bank, Montana
RCRA Facility Fact Sheet - Loveland Products, Inc. (Transbas Incorporated)
Billings, Montana
RCRA Facility Fact Sheet - Malmstrom Air Force Base
Great Falls, Montana
RCRA Facility Fact Sheet - Montana State University
Bozeman, Montana
RCRA Facility Fact Sheet - Onyx Environmental
Butte, Montana
RCRA Facility Fact Sheet - Phillips 66 Company
Billings Land Treatment Unit
Billings, Montana
RCRA Facility Fact Sheet - 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.