ARM 17.53.406. NO STATE WASTE DELISTING – FEDERAL PETITION REQUIRED

(1) Waste generators may demonstrate that their wastes do not meet criteria utilized by EPA to list hazardous wastes. A successful petition results in that waste being excluded from regulation as a hazardous waste--often referred to as waste "delisting." Under ARM 17.53.405(5), Montana does not adopt 40 CFR 260.20 through 260.23, relating to rulemaking petitions. Petitions by Montana generators to delist a hazardous waste must be filed with EPA.