Summary of Montana's Hazardous Waste Generator Requirements

NOTE: This summary does not cover requirements from other federal, state or local agencies such as OSHA or the State Fire Marshall.

The Montana Department of Environmental Quality (MT DEQ) has adopted hazardous waste regulations that are equivalent to those promulgated by EPA. The following information provides a look at these hazardous waste regulations and should help you determine your regulatory status and your requirements. Please review the Overview Chart for a brief synopsis of these requirements.

It is important to note that other state government agencies or city/county regulatory agencies may have requirements that are not covered in this summary. For example, the Department of Transportation has requirements for transporting hazardous waste. If you have any questions or need additional information, please contact your County Regulatory Personnel or call the MT DEQ, Air & Waste Management Bureau at (406) 444-5300.

The Administrative Rules of Montana (ARM) provide the regulations for hazardous waste generators in Montana.  These regulations require a generator of a waste to determine if that waste is a hazardous waste.  If a hazardous waste, it becomes the generator's responsibility to determine their generator size and to adhere to all applicable hazardous waste regulations.

NOTE: "The Small Business Handbook for Managing Hazardous Waste", a detailed summary of Montana's hazardous waste requirements,  may be obtained by contacting the Air & Waste Management Bureau.

You may view and/or print the following lists of available services in either Adobe PDF or Microsoft Word:

Household generated quantities of hazardous waste are exempt from hazardous waste regulations.  Other exemptions include spent lead-acid batteries that are destined for reclamation and scrap metal which is recycled.

Note: Other government or city/county regulations may apply to these wastes

Hazardous waste can be of two types: characteristic and listed.

Listed hazardous wastes:

These hazardous wastes have been determined to be harmful to human health and the environment.  Listed hazardous waste appear on one of four (4) lists, "F", "K", "P", or "U".

NOTE: "P" listed wastes are acute hazardous wastes.  These wastes are regulated more stringently because they are so dangerous to the environment and humans

Characteristic hazardous wastes:

These hazardous wastes are hazardous due to having any of four characteristics: ignitability, corrosivity, reactivity, or toxicity.

  • 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.
  • Reactive wastes readily explode or create toxic fumes when exposed to water.
  • Toxicity wastes can leach toxic compounds into groundwater.

Currently, there are 40 characteristic toxic wastes.

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 regulation.

Hazardous waste generators fall into one of three categories depending upon the total amount of hazardous waste generated in any calendar month, of how much hazardous waste has been accumulated on site. These categories are:

Conditionally Exempt Generators (CEG)

These generators produce less than 220 pounds of non-acute hazardous waste within any calendar month or no more than 2.2 pounds of acute hazardous waste in any month.  If CEG's accumulate more than 2,200 pounds of hazardous waste, all hazardous waste on site becomes subject to regulation as if generated by a small generator.

Requirements:
  • Determine which generated wastes are hazardous.
  • Keep records of waste analysis for three years.
  • Dispose hazardous waste only at a legitimate recycling facility, a permitted TSDF, or a Class II landfill.  (Note: Please ensure the waste is in a solid state and you have the landfill operator's permission.)
  • May treat, recycle, or reclaim waste on-site.  (Note: Contact your County Regulatory Personnel for requirements.)

Small Generators (SG)

These generators produce between 220 pounds and 2,200 pounds of non-acute hazardous waste in any calendar month. SG's may not generate more than 2.2 pounds of acute hazardous waste in any month.  SG's may accumulate up to 13,228 pounds of hazardous waste on-site.  However, accumulation time limits, as described below,  must be adhered to.

Requirements:
  • SG's must obtain an EPA identification number and register with the Montana Department of Environmental Quality. Obtain EPA notification forms by contacting the Air & Waste Management Bureau at (406) 444-3490.
  • Small and large generators of hazardous waste must submit a completed Notification of Regulated Waste Activity Form (EPA Form 8700-12) and a payment of a $95.00 registration fee, in accordance with Montana Hazardous Waste Administrative Rules (ARM) 17.53.113.  If you are required to register and fail to do so, you may be subject to enforcement actions including penalties.  Submit your completed Notification Form and a $95.00 registration fee to:  

    Montana Department of Environmental Quality
    Waste and Underground Tanks Management Bureau
    P.O. Box 200901
    Helena, Montana  59620-0901


    After your completed Notification Form and registration fee is received, you will be sent written acknowledgement that will include your EPA Identification Number.
  • Hazardous waste may be accumulated on-site for up to 180 days.  If the waste must be transported more than 200 miles for recovery, treatment, or disposal, it may be accumulated for up to 270 days.
  • Accumulation containers & tanks must be marked with the words, "Hazardous Waste" and the date accumulation began, or when the waste first became subject to regulation.
  • May accumulate as much as 55 gallons of non-acute hazardous waste at or near the point of generation.  This container, known as a satellite accumulation container, must be marked with the words, "Hazardous Waste" or with words which describe its contents.
  • Both, accumulation and satellite containers must remain closed unless adding or removing wastes.
  • A log book is recommended to ensure compliance with appropriate requirements.  The log must provide the following information: the hazardous waste generated per month by date, the EPA waste code(s), the quantity, and which hazardous wastes have been removed from accumulation.
  • Hazardous waste must be transported to a permitted TSDF.
  • A hazardous waste manifest, or tolling agreement, must be used for any shipments of hazardous waste off site.
  • Emergency contacts and phone numbers must be posted next to telephones.  In addition, locations of fire extinguishers and spill control material must also be posted by phones.
  • Annual reports are required to be completed and submitted to MT DEQ by March 1 of each year.
  • Copies of annual reports, manifests, and waste analysis must be maintained on-site for three years.

Large Generators (LG)

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

Requirements:
  • Adhere to all small generator hazardous waste requirements.
  • Hazardous waste may be stored for up to 90 days without a permit.
  • Written contingency plans must be maintained on site and submitted to local police and fire departments, hospitals, and emergency response teams.  For additional emergency requirements, please refer to Title 40 of the Code of Federal Regulations (CFR) Part 265 subparts C and D.