Hazardous Waste (HW) Transporter Guide

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:

The 1985 Montana Legislature gave the DEQ the authority for the registration of hazardous waste transporters who operate in Montana. Under the Federal Program regulations, a hazardous waste transporter is required to notify once only, in the state in which the business is headquartered, and may operate nationwide with this single EPA identification number. That notification requires the submittal of the EPA "Notification of RCRA Subtitle C Activity" form. That form may be obtained from the Hazardous Waste Program at (406) 444-5300 or on-line. The Montana DEQ requires all hazardous waste transporters who maintain depots, terminals, offices, or transfer facilities in Montana, register with the DEQ and identify each of those sites they maintain in the state. There is no fee for registration, and registration renewal is accomplished every three years. This transporter registration requirement does not apply to out-of-state transporters who merely pass through Montana or who only pick up or deliver wastes at locations in Montana without having any terminals, depots, offices, or transfer facilities in the state. The registration forms may be obtained by contacting the Hazardous Waste Program at (406) 444-5300 or on-line.

The 1987 Montana legislature passed legislative amendments specifying additional requirements for transfer facilities operated by hazardous waste transporters. Under the federal regulations, a transporter may temporarily hold waste shipments at transfer facilities for up to ten days without a permit and without additional regulatory requirements. The Montana rules require that these less-than-ten day facilities must meet requirements regarding:

personnel training,
site security,
emergency preparedness and response, and
container handling.

Also, those transfer facilities where hazardous waste transportation and transfer is the major business activity (defined as “commercial transfer facilities”), are subject to public hearing requirements at the site proposal stage and to annual reporting requirements.

The Montana Department of Environmental Quality adopted, by incorporation the hazardous waste transporter requirements found in 40 CFR 263. Those rules require hazardous waste transporters to:

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 upon request. 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 our agency or contact your Regional Regulatory Personnel for more information.

Individuals or companies who wish to do business as a transporter in Montana may also want to contact the following agencies regarding the listed issues:

Commercial Drivers Licensing
Montana Motor Vehicle Division
(406) 444-3244

Vehicle Licensing and Size and Weight Permits
Montana Motor Carrier Services Division
(406) 444-6130

Registration of Business Name
Montana Business Services
(406) 444-3665

Worker Safety and Safety Training
U.S. OSHA Office
Billings
(406) 247-7494

Transporting Hazardous Materials
Federal Motor Carriers Safety Administration
(406) 449-5304
Montana Department of Transportation
(406) 444-3300

In addition, you may view and/or print the following lists of available service providers:

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.

For more information on the transporter standards and/or to obtain an
EPA Notification Form 8700-12
please contact the
Department of Environmental Quality
Waste and Underground Tank Management Bureau
Hazardous Waste Program
by telephone at 406-444-5300
or write to P.O. Box 200901
Helena, Montana 59620-0901

DEPARTMENT OF ENVIRONMENTAL QUALITY

Hazardous Waste (HW) Transporter Guide

Hazardous Waste (HW) Program