The Montana Hazardous Waste Management Act, specifically ARM 17.54.101, defines a “generator” as any person, by site or by facility, who produces a hazardous waste or whose process produces a hazardous waste. This definition is crucial for determining regulatory responsibilities under the Act. Montana’s regulations, mirroring federal RCRA (Resource Conservation and Recovery Act) principles, place the primary burden of identifying and managing hazardous waste on the entity that creates it. The concept of “site or by facility” emphasizes that a single entity operating multiple locations, or even multiple processes at a single location, must assess its waste generation status independently for each relevant point of generation. Therefore, a business that manufactures electronic components and also operates a separate vehicle maintenance shop on the same property would need to evaluate its hazardous waste generation status for both the electronics manufacturing process and the vehicle maintenance activities. This ensures that all potential sources of hazardous waste are accounted for and managed according to the applicable regulations, regardless of whether they are part of a primary industrial process or a secondary support function.

The Montana Hazardous Waste Management Act, specifically ARM 17.54.101, defines “hazardous waste” based on characteristics and listings. For a waste to be considered hazardous under this act, it must exhibit one or more of the defined characteristics: ignitability, corrosivity, reactivity, or toxicity. Alternatively, it can be a listed hazardous waste. The scenario describes a waste material generated by a metal plating facility in Montana. Metal plating processes often involve acids and solvents that can impart hazardous characteristics to waste streams. Specifically, if the waste has a pH less than or equal to 2, it exhibits the characteristic of corrosivity as defined by ARM 17.54.101(1)(c). The characteristic of ignitability, as per ARM 17.54.101(1)(a), applies to wastes that are liquids with a flash point less than 60 degrees Celsius (140 degrees Fahrenheit), or non-liquids capable of causing fire through friction, absorption of moisture, or spontaneous chemical changes and which, when ignited, burn so vigorously and persistently as to create a hazard, or are ignitable compressed gases. The waste described, a spent solvent mixture containing a flash point of 55 degrees Celsius, meets the definition of ignitability. Therefore, the waste is classified as hazardous due to its ignitable characteristic. The Montana Department of Environmental Quality (DEQ) enforces these regulations, and facilities generating such waste must comply with manifest, storage, treatment, and disposal requirements under the Act. Understanding these characteristics is crucial for proper waste management and regulatory compliance in Montana.

The Montana Hazardous Waste Act, codified in Title 75, Chapter 10, Part 4 of the Montana Code Annotated (MCA), establishes a framework for managing hazardous waste within the state, largely mirroring the federal Resource Conservation and Recovery Act (RCRA). A key aspect of this act is the definition of hazardous waste itself, which is crucial for determining regulatory applicability. Montana’s definition, found in MCA Section 75-10-403(10), specifies that hazardous waste includes any waste that is “ignitable, corrosive, reactive, or toxic” or that the Montana Department of Environmental Quality (DEQ) designates as such. This designation power allows the DEQ to regulate wastes that may not fit the initial four characteristics but still pose a substantial threat to public health or the environment. The act also mandates that the DEQ adopt rules to implement these provisions, which are found in the Administrative Rules of Montana (ARM), specifically ARM Title 17, Chapter 53. These rules detail the specific characteristics and listing criteria for hazardous waste. Therefore, a waste that exhibits any of the four RCRA characteristics (ignitability, corrosivity, reactivity, or toxicity) or is specifically listed by the EPA or Montana DEQ as hazardous would be regulated under Montana law.

The Montana Hazardous Waste Act, specifically ARM 17.54.101 et seq., governs the management of hazardous waste within the state. A critical aspect of this regulation involves the determination of when a waste material, initially managed as non-hazardous, becomes subject to hazardous waste regulations due to contamination. This scenario hinges on the concept of “derived-from” and “mixture” rules, which are integral to the Resource Conservation and Recovery Act (RCRA) framework, adopted by Montana. If a solid waste is derived from a listed hazardous waste, it is also considered hazardous. Similarly, if a solid waste is a mixture of a hazardous waste and a non-hazardous solid waste, the entire mixture is considered hazardous unless specific delisting or management procedures are followed. In this case, the soil contaminated with a listed hazardous waste (e.g., a solvent from a generator’s process) becomes a hazardous waste by virtue of its derivation from that listed waste. Therefore, the contaminated soil, even if it doesn’t exhibit a characteristic of hazardous waste on its own, is regulated as hazardous waste because it originated from a process involving a listed hazardous waste. The regulatory trigger is the presence of the listed hazardous waste constituent within the soil, making the soil itself a hazardous waste under the derived-from rule.

The Montana Hazardous Waste Act, specifically ARM 17.50.401 through 17.50.407, outlines the requirements for identifying hazardous waste. A generator must determine if a solid waste is a hazardous waste. This determination involves a two-step process. First, the generator must ascertain if the waste is excluded from the definition of hazardous waste under ARM 17.50.402. If the waste is not excluded, the generator must then determine if it exhibits any of the characteristics of hazardous waste as defined in ARM 17.50.403, or if it is listed as a hazardous waste under ARM 17.50.404. The characteristic of ignitability is defined in ARM 17.50.403(1) and includes liquids with a flash point less than 60 degrees Celsius (140 degrees Fahrenheit), non-liquids capable of causing fire through spontaneous or brief contact with air, and ignitable compressed gases. The scenario describes a liquid waste with a flash point of 55 degrees Celsius. Since this flash point is below the 60 degrees Celsius threshold, the waste exhibits the characteristic of ignitability and is therefore a hazardous waste under Montana’s regulations. The generator’s responsibility is to make this initial determination based on available information or testing.

The Montana Hazardous Waste Act, mirroring the federal Resource Conservation and Recovery Act (RCRA), establishes a framework for managing hazardous waste from its generation to its ultimate disposal. A critical aspect of this framework is the identification and management of hazardous waste. Montana Administrative Rules (ARM) Title 17, Chapter 10, Subchapter 7, specifically ARM 17.10.701 through 17.10.743, delineates the criteria and procedures for identifying hazardous waste. This includes characteristic wastes (ignitability, corrosivity, reactivity, and toxicity) and listed wastes. A generator is responsible for determining if their waste is hazardous. If a solid waste exhibits any of the characteristics of hazardous waste as defined in ARM 17.10.703, or if it is a listed hazardous waste under ARM 17.10.704, it must be managed as hazardous waste. The question asks about a generator’s responsibility for a waste exhibiting a characteristic. The generator must make this determination. The specific characteristic of toxicity, often determined by the Toxicity Characteristic Leaching Procedure (TCLP) as outlined in ARM 17.10.703(1)(d), is a key indicator. If a waste fails the TCLP for any of the specified constituents at or above the regulatory levels, it is classified as toxic hazardous waste. This classification triggers stringent management requirements, including proper labeling, storage, manifesting, and transportation, all governed by the Montana Hazardous Waste Act and its implementing regulations. The scenario describes a waste that exhibits a characteristic of hazardous waste, making the generator’s initial determination and subsequent management crucial.

The Montana Hazardous Waste Management Act, specifically referencing regulations derived from the Resource Conservation and Recovery Act (RCRA) as adopted by Montana, governs the management of hazardous waste. When a facility generates hazardous waste, it is classified as a generator. The generator status is determined by the quantity of hazardous waste produced per calendar month. For Small Quantity Generators (SQGs), the threshold is between 100 and 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acute hazardous waste per month. Large Quantity Generators (LQGs) generate 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acute hazardous waste per month. Conditionally Exempt Small Quantity Generators (CESQGs) generate 100 kilograms or less of hazardous waste per month and less than 1 kilogram of acute hazardous waste per month. In this scenario, the facility generates 800 kilograms of hazardous waste in January and 1,200 kilograms in February. Since the generator status is assessed on a monthly basis, the facility is an SQG in January and an LQG in February. Therefore, for the month of February, the facility must comply with the more stringent requirements applicable to Large Quantity Generators. These requirements include, but are not limited to, obtaining an EPA identification number, complying with specific storage time limits, manifesting shipments, and meeting personnel training standards. The question asks about the generator status for February, which is determined by the 1,200 kilograms of hazardous waste produced in that month. This quantity clearly places the facility in the Large Quantity Generator category for February.

The core principle tested here relates to the regulatory distinction between hazardous waste and non-hazardous solid waste under the Resource Conservation and Recovery Act (RCRA) as implemented by Montana’s state-specific regulations. Specifically, the question probes the understanding of when a waste material, even if generated from a process that typically produces hazardous waste, might be deemed non-hazardous if it no longer exhibits any of the four hazardous characteristics: ignitability, corrosivity, reactivity, or toxicity. The Montana Hazardous Waste Management Act, mirroring federal RCRA, defines hazardous waste based on these characteristics or by its inclusion on specific lists. If a waste, such as the spent solvent in the scenario, is properly treated to eliminate these characteristics, it can be reclassified. For instance, if the solvent was treated via distillation to remove the flammable components and the resulting residue no longer flashes below 140°F (60°C), it would cease to be ignitable. Similarly, if it no longer has a pH less than or equal to 2 or greater than or equal to 12.5, it would not be corrosive. If it does not react violently with water or generate toxic gases, it is not reactive. Finally, if a Toxicity Characteristic Leaching Procedure (TCLP) test shows that the leached constituents are below the regulatory thresholds for Montana, it would not be toxic. Therefore, a waste that has undergone such treatment and no longer meets any of the hazardous waste criteria is correctly classified as a non-hazardous solid waste. This reclassification is crucial for determining subsequent management and disposal requirements, as non-hazardous solid waste is subject to less stringent regulations. The scenario describes a waste that *was* hazardous but has been treated to *no longer* exhibit hazardous characteristics, directly leading to its reclassification.

Montana’s Hazardous Waste Management Act, specifically ARM 17.50.401 et seq., outlines the requirements for managing hazardous waste. A key aspect of this is the definition and regulation of hazardous waste generators. The generator status (e.g., large quantity, small quantity, very small quantity) dictates the specific regulatory requirements, including storage limits, manifest requirements, and reporting obligations. The determination of generator status is based on the monthly generation rate of hazardous waste and, in some cases, the accumulation of acutely hazardous waste. For instance, a facility generating 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acutely hazardous waste per month, would typically be classified as a large quantity generator. Conversely, a facility generating less than 100 kilograms of hazardous waste per month and less than 1 kilogram of acutely hazardous waste per month would be considered a very small quantity generator. The regulations also account for the accumulation time of hazardous waste on-site, which can influence compliance obligations. Understanding these thresholds and the specific waste streams generated is crucial for proper regulatory classification and adherence to Montana’s hazardous waste management framework.

The Montana Hazardous Waste Act, mirroring federal RCRA regulations, establishes a framework for managing hazardous waste from generation to final disposal. A key aspect of this framework is the definition of hazardous waste itself, which includes characteristic wastes and listed wastes. Characteristic wastes are those exhibiting ignitability, corrosivity, reactivity, or toxicity. Listed wastes are specifically identified by the Environmental Protection Agency (EPA) or the state as hazardous. Montana Department of Environmental Quality (MDEQ) administers these regulations within the state, often adopting federal standards and sometimes implementing more stringent state-specific requirements. In Montana, a generator is responsible for determining if their waste is hazardous. This determination involves reviewing waste streams against the criteria for characteristic hazardous waste and checking against lists of hazardous wastes. If a waste exhibits any of the four characteristics (ignitability, corrosivity, reactivity, toxicity) or is a listed hazardous waste, it must be managed according to hazardous waste regulations. The generator’s responsibility extends to proper identification, storage, labeling, manifesting for transport, and ensuring disposal at a permitted treatment, storage, and disposal facility (TSDF). The specific classification of a waste stream as hazardous under Montana law hinges on its properties and origin, aligning with the cradle-to-grave management principle inherent in hazardous waste regulation. Montana’s approach emphasizes a proactive stance from the generator in identifying and managing these materials to protect public health and the environment.

Montana’s Hazardous Waste Management Act, specifically ARM 17.50.401, outlines the requirements for hazardous waste generator status. This regulation categorizes generators based on the quantity of hazardous waste produced per month. Small quantity generators are defined as those producing between 100 and 1,000 kilograms of hazardous waste per month. Very small quantity generators produce less than 100 kilograms per month. Large quantity generators produce 1,000 kilograms or more per month. The scenario describes a facility in Montana that consistently generates 850 kilograms of hazardous waste per month. Based on the established thresholds, this quantity falls squarely within the definition of a small quantity generator. Therefore, the facility must comply with the specific management standards applicable to small quantity generators under Montana law, which are less stringent than those for large quantity generators but more rigorous than those for very small quantity generators. Understanding these distinctions is crucial for ensuring compliance and managing hazardous waste appropriately within the state.

The Montana Hazardous Waste Act, specifically referencing regulations derived from the Resource Conservation and Recovery Act (RCRA) as adopted by Montana, establishes a framework for managing hazardous waste. When a generator of hazardous waste changes its status from a large quantity generator (LQG) to a small quantity generator (SQG) or conditionally exempt small quantity generator (CESQG), a specific notification and compliance transition process is triggered. Montana’s administrative rules, mirroring federal RCRA requirements, mandate that a generator must notify the Montana Department of Environmental Quality (DEQ) of their hazardous waste activities. If a generator’s status changes, they must update their notification to reflect their new generator category. For a facility that previously generated 1,000 kilograms or more of hazardous waste in a calendar month (thus being an LQG) and subsequently reduces its generation to between 100 and 1,000 kilograms per month, it transitions to SQG status. Upon this transition, the generator must notify the DEQ of this change in status. This notification is crucial for ensuring the DEQ maintains an accurate inventory of hazardous waste generators and their respective management requirements. The regulations do not permit a generator to simply cease notifications upon reducing generation; rather, they require an affirmative action to inform the regulatory body of the change in operational status and subsequent compliance obligations. The notification requirement ensures that the state can effectively track and oversee hazardous waste management, even for smaller quantity generators.

Montana’s Hazardous Waste Management Act, specifically ARM 17.50.401 through 17.50.434, governs the identification and management of hazardous waste. A key aspect of this regulation is the definition of hazardous waste itself, which is determined by its characteristics or if it is listed by the Environmental Protection Agency (EPA) or the state. The characteristic wastes are ignitability, corrosivity, reactivity, and toxicity. Toxicity is determined through the Toxicity Characteristic Leaching Procedure (TCLP), a laboratory test designed to simulate leaching that could occur in a landfill. If a waste exhibits any of these characteristics or is a listed waste, it is subject to the regulations. The question focuses on a specific scenario involving a waste stream that is not explicitly listed but might exhibit a characteristic. The determination of whether a waste is hazardous for regulatory purposes hinges on whether it meets the criteria outlined in the Montana Administrative Rules. For a waste to be considered hazardous due to toxicity, it must fail the TCLP for one or more of the specific constituents listed in ARM 17.50.403(1)(d)(iv), such as lead, cadmium, or benzene, when tested according to the prescribed methodology. Without evidence that the waste fails the TCLP for any of these constituents, or that it is a listed waste, it would not be classified as hazardous under Montana law, regardless of its potential to cause harm in a general sense. The scenario provided does not offer any information about TCLP results or listing status, making the initial determination of hazardousness impossible without further testing or information. Therefore, the correct classification depends on the absence of these defining criteria.

Montana’s Hazardous Waste Management Act, mirroring federal RCRA provisions, establishes a framework for identifying, managing, and disposing of hazardous waste. A key aspect is the definition of a hazardous waste generator. Generators are categorized based on the quantity of hazardous waste they produce per month. Small Quantity Generators (SQGs) are defined as those producing between 100 and 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acutely hazardous waste per month. Large Quantity Generators (LQGs) are those producing more than 1,000 kilograms of hazardous waste per month. Very Small Quantity Generators (VSQGs) produce 100 kilograms or less of hazardous waste per month. Understanding these thresholds is crucial for compliance, as each category has distinct regulatory requirements regarding storage, record-keeping, and reporting. For instance, SQGs have less stringent requirements than LQGs but more than VSQGs. The scenario involves a facility in Montana that generates 850 kg of hazardous waste and 0.5 kg of acutely hazardous waste in a calendar month. Since the hazardous waste generation (850 kg) is between 100 and 1,000 kg, and the acutely hazardous waste generation (0.5 kg) is less than 1 kg, the facility qualifies as a Small Quantity Generator under Montana’s regulations.

The Montana Hazardous Waste Management Act, particularly as it aligns with the federal Resource Conservation and Recovery Act (RCRA), establishes a framework for managing hazardous waste from generation to disposal. A key aspect of this framework is the identification and management of hazardous waste constituents. When a generator produces a waste that is not specifically listed as hazardous but exhibits characteristics of hazardous waste, they must determine if it meets any of the characteristic definitions. These characteristics are ignitability, corrosivity, reactivity, and toxicity. For toxicity, the Toxicity Characteristic Leaching Procedure (TCLP) is the standard method used to determine if a waste is hazardous due to the potential for certain constituents to leach into groundwater. If the TCLP analysis reveals that the concentration of any of the regulated constituents exceeds the established regulatory levels, the waste is classified as hazardous. In Montana, as in other states, adherence to these characteristic determinations is crucial for proper waste management, manifesting, and disposal, ensuring protection of human health and the environment. The process involves careful sampling, laboratory analysis using approved methods like TCLP, and diligent record-keeping to demonstrate compliance with state and federal regulations.

Montana’s Hazardous Waste Management Act, specifically ARM 17.54.314, addresses the requirements for a generator to be classified as a small quantity generator (SQG). An SQG is defined by the amount of hazardous waste generated per month. If a generator produces less than 1,000 kilograms (2,200 pounds) of hazardous waste in any single month, and less than 1,000 kilograms of acutely hazardous waste in any single month, they are generally considered an SQG. Furthermore, an SQG must not accumulate more than 6,000 kilograms (13,200 pounds) of hazardous waste on-site at any one time. The question describes a facility that generates 950 kilograms of hazardous waste in April and 800 kilograms in May. Neither of these monthly amounts exceeds the 1,000-kilogram threshold for hazardous waste generation. Additionally, the facility’s maximum accumulation on-site at any point during these months is 1,500 kilograms, which is well below the 6,000-kilogram limit for SQGs. Therefore, based on the provided generation and accumulation figures, the facility would be classified as a small quantity generator under Montana’s hazardous waste regulations. This classification carries less stringent management, record-keeping, and reporting requirements compared to large quantity generators. Understanding these thresholds is crucial for compliance with the Montana Department of Environmental Quality’s hazardous waste program, which is largely modeled after the federal Resource Conservation and Recovery Act (RCRA) but may include state-specific nuances.

The Montana Hazardous Waste Act, mirroring the federal Resource Conservation and Recovery Act (RCRA), establishes a framework for managing hazardous waste from generation to final disposal. A key aspect of this framework is the concept of “cradle-to-grave” management, ensuring accountability throughout the waste’s lifecycle. When a generator of hazardous waste ceases to operate or transfers ownership of a facility, specific requirements are triggered to ensure continued responsibility for any remaining hazardous waste or post-closure care of a hazardous waste management unit. Montana Administrative Rules (ARM) 17.53.1001 through 17.53.1011, particularly ARM 17.53.1007, address closure and post-closure care. For facilities that managed hazardous waste, closure involves implementing a closure plan to minimize future environmental impacts. If the facility contained a hazardous waste management unit, post-closure care is required for a period of at least 30 years after the completion of closure. This care typically involves monitoring, maintenance of the containment systems, and ensuring compliance with any land use restrictions. The financial assurance requirements, detailed in ARM 17.53.1008, mandate that owners and operators establish mechanisms to cover the costs of closure and post-closure care. These mechanisms can include trust funds, surety bonds, letters of credit, or other financial instruments. The specific amount of financial assurance is determined by the costs outlined in the closure and post-closure care plans, which are subject to approval by the Montana Department of Environmental Quality (DEQ). The intent is to guarantee that funds are available to manage any long-term liabilities associated with the hazardous waste, even if the original responsible party is no longer in existence or financially capable. Therefore, the cessation of operations necessitates a formal closure process and, if applicable, a defined period of post-closure care with adequate financial backing to protect human health and the environment in Montana.

The Montana Hazardous Waste Act, specifically referencing the framework established by the Resource Conservation and Recovery Act (RCRA) as adopted and potentially augmented by state-specific regulations, governs the management of hazardous waste. When a generator produces a hazardous waste that is listed by the U.S. Environmental Protection Agency (EPA) or exhibits a characteristic of hazardous waste (ignitability, corrosivity, reactivity, or toxicity), they are subject to specific management standards. For a large quantity generator in Montana, as defined by the regulations, the timeframe for accumulating hazardous waste on-site before it must be shipped to a permitted treatment, storage, or disposal facility (TSDF) is typically 90 days. This 90-day period is a critical compliance point. Exceeding this period without proper authorization or an extension, or failing to have the waste manifested and transported by a licensed hazardous waste transporter to a RCRA-permitted facility, constitutes a violation. The question focuses on the maximum allowable on-site accumulation period for a large quantity generator in Montana. The correct period is 90 days. Other options represent incorrect accumulation periods or concepts not directly tied to the primary on-site accumulation limit for large quantity generators under federal and state hazardous waste management schemes. Understanding these timeframes is crucial for generators to maintain compliance and avoid penalties.

The core of this question revolves around the definition and application of “recycled hazardous waste” under Montana’s regulatory framework, which closely aligns with federal Resource Conservation and Recovery Act (RCRA) principles. Specifically, the Montana Department of Environmental Quality (DEQ) guidance and regulations define recycled hazardous waste as material that is a hazardous waste and is one of the following: (1) used or reused as an ingredient in an industrial process to make a product; (2) used or reused as a substitute for a raw material in an industrial process to make a product; (3) returned to the original process of manufacture to recover usable components. The key distinction lies in whether the material is being managed as a waste or as a valuable commodity. If a facility generates a hazardous waste and then reclaims specific valuable components from it through a process that involves treating it as a waste, and the reclaimed material is then sold or used as a raw material, it generally falls under the recycled hazardous waste provisions. The scenario describes a generator producing a hazardous waste that contains valuable metals. The generator then sends this waste to a reclamation facility that specifically recovers these metals. The recovered metals are then sold as a raw material. This process fits the definition of recycling hazardous waste because the material, although hazardous, is being managed to recover usable components and then used as a raw material, thereby potentially qualifying for specific management standards that differ from those for discarded hazardous waste. The exemption from certain generator requirements, like the full manifest system for certain recycled wastes, is a key aspect of this regulatory category. Therefore, the activity described is best characterized as the management of recycled hazardous waste.

The Montana Hazardous Waste Act, specifically referencing the framework established by the Resource Conservation and Recovery Act (RCRA) as adopted by Montana, dictates the requirements for managing hazardous waste. When a generator produces hazardous waste, they are assigned an EPA identification number. This identification number is crucial for tracking the waste from its point of generation through its transportation and final disposal. The manifest system, a key component of hazardous waste management, requires that a hazardous waste manifest accompany hazardous waste shipments from the generator to the treatment, storage, and disposal facility (TSDF). This manifest serves as a cradle-to-grave tracking document. Therefore, a generator who ceases to operate but still has hazardous waste on-site must continue to comply with the manifest requirements for any waste that is subsequently shipped off-site for disposal or treatment. This ensures that even after closure, the generator retains responsibility for the waste they produced and its proper management, preventing uncontrolled releases and ensuring accountability. The duration of this responsibility is tied to the persistence of the hazardous waste and the regulatory framework governing its management, which typically extends until the waste is properly disposed of and the site is remediated to meet applicable standards.

Montana’s Hazardous Waste Management Act, specifically ARM 17.54.101 et seq., governs the management of hazardous waste. When a generator discovers that they have significantly more hazardous waste than they had previously reported on their biennial report, a corrective action is triggered. This situation falls under the reporting requirements for generators, particularly concerning accuracy and completeness of information submitted to the state. The regulations require generators to accurately report their waste generation and management activities. If a substantial discrepancy is found, it implies a potential underreporting or a significant change in operations that was not previously communicated. The Department of Environmental Quality (DEQ) would then likely initiate a review to understand the cause of the discrepancy and ensure compliance with hazardous waste regulations. This might involve requesting additional information from the generator, conducting an inspection, or even imposing penalties if the discrepancy indicates intentional misrepresentation or gross negligence. The discovery of a significant increase in hazardous waste generation that was not reported on the biennial report necessitates an immediate notification and a detailed explanation to the DEQ, outlining the reasons for the deviation and any corrective actions being taken. This proactive communication is crucial for maintaining compliance and demonstrating good faith in managing hazardous waste within Montana.

The Montana Hazardous Waste Management Act, specifically ARM 17.50.401, outlines the requirements for hazardous waste generators. A generator is classified based on the quantity of hazardous waste produced per month. Small Quantity Generators (SQGs) are defined as those generating between 100 and 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acutely hazardous waste per month. Large Quantity Generators (LQGs) generate 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acutely hazardous waste per month. Conditionally Exempt Small Quantity Generators (CESQGs) generate 100 kilograms or less of hazardous waste per month, or less than 1 kilogram of acutely hazardous waste per month. In this scenario, a facility in Missoula, Montana, produces 950 kilograms of hazardous waste and 0.5 kilograms of acutely hazardous waste in a calendar month. Since the facility generates 950 kilograms of hazardous waste, which falls within the 100 to 1,000 kilogram range, and less than 1 kilogram of acutely hazardous waste, it meets the criteria for a Small Quantity Generator. Therefore, the facility is classified as a Small Quantity Generator.

Montana’s hazardous waste regulations, largely mirroring the federal Resource Conservation and Recovery Act (RCRA), establish a framework for managing hazardous waste from generation to final disposal. A critical aspect of this framework is the identification and classification of hazardous waste. Montana Administrative Rules (ARM) Title 17, Chapter 14, Subchapter 7, specifically ARM 17.14.701, details the criteria for identifying hazardous waste. This rule, aligning with federal definitions, outlines two primary ways a waste can be classified as hazardous: by being listed as a hazardous waste or by exhibiting hazardous characteristics. Listed wastes are those specifically named in regulatory tables due to their known hazardous properties or the processes that generate them. Characteristic wastes, conversely, are wastes that, regardless of their origin, exhibit one or more of four specific characteristics: ignitability, corrosivity, reactivity, or toxicity. The toxicity characteristic is determined through a specific testing procedure, the Toxicity Characteristic Leaching Procedure (TCLP), outlined in ARM 17.14.702, which simulates landfill conditions to assess the potential for hazardous constituents to leach into groundwater. Therefore, a waste is considered hazardous if it meets either the listing criteria or any of the characteristic criteria, demonstrating a comprehensive approach to hazardous waste management in Montana.

The Montana Hazardous Waste Act, specifically under the authority granted by the Montana Environmental Policy Act and the Solid Waste Management and Resource Conservation and Recovery Act (ARM 17.50.401 through 17.50.460), governs the management of hazardous waste. A key aspect is the definition of hazardous waste, which includes listed wastes and characteristic wastes. Characteristic wastes are those exhibiting ignitability, corrosivity, reactivity, or toxicity. The toxicity characteristic is determined by the Toxicity Characteristic Leaching Procedure (TCLP). If a waste fails the TCLP for any of the regulated constituents, it is classified as hazardous. The question describes a waste generated by a metal plating facility in Montana. This type of waste is often associated with heavy metals. If the waste, when subjected to the TCLP, leaches certain heavy metals (such as cadmium, chromium, lead, or mercury) at concentrations exceeding the regulatory limits established by the U.S. Environmental Protection Agency (EPA) and adopted by Montana, it is deemed to exhibit the toxicity characteristic. For instance, if lead is leached at a concentration of 5.5 mg/L, and the regulatory limit for lead under TCLP is 5.0 mg/L, then the waste exhibits the toxicity characteristic. This classification triggers stringent management requirements, including proper storage, labeling, transportation, and disposal at a permitted hazardous waste treatment, storage, and disposal facility (TSDF). The state of Montana implements RCRA regulations, and facilities must comply with these federal standards as well as any state-specific additions or clarifications. Therefore, the critical factor is whether the waste exhibits any of the four characteristics of hazardous waste, with toxicity being a primary concern for metal plating byproducts.

The Montana Hazardous Waste Management Act, particularly as it aligns with the federal Resource Conservation and Recovery Act (RCRA), establishes a framework for managing hazardous waste from generation to disposal. A key aspect of this framework is the definition of a hazardous waste generator, which dictates the regulatory requirements a facility must adhere to. Montana categorizes generators based on the quantity of hazardous waste they produce per month. Small Quantity Generators (SQGs) are defined as those generating between 100 and 1,000 kilograms of hazardous waste per month, or less than 1 kilogram of acutely hazardous waste per month. Large Quantity Generators (LQGs) are those generating 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acutely hazardous waste per month. Conditionally Exempt Small Quantity Generators (CESQGs), now often referred to as Very Small Quantity Generators (VSQGs) under federal updates that Montana typically mirrors, generate 100 kilograms or less of hazardous waste per month and less than 1 kilogram of acutely hazardous waste per month. The scenario describes a facility in Montana that produces 800 kilograms of hazardous waste and 0.5 kilograms of acutely hazardous waste in a calendar month. Applying the established quantity thresholds, the facility falls within the definition of a Small Quantity Generator because its total hazardous waste generation (800 kg) is between 100 and 1,000 kg, and its acutely hazardous waste generation (0.5 kg) is below the 1 kg threshold for LQG status for acutely hazardous waste. Therefore, the generator status is Small Quantity Generator.

The Montana Hazardous Waste Act, aligned with the federal Resource Conservation and Recovery Act (RCRA), establishes a framework for managing hazardous waste from generation to disposal. A critical aspect of this management is the identification and tracking of hazardous waste. Generators of hazardous waste are responsible for determining if their waste is hazardous according to specific criteria, including listing and characteristic definitions. Montana Administrative Rules (ARM) 17.53.1001 et seq. detail these requirements. Once a waste is identified as hazardous, the generator must comply with applicable regulations based on their generator status (e.g., large quantity, small quantity, conditionally exempt small quantity). This includes obtaining an EPA identification number, adhering to accumulation time limits, proper container management, labeling, manifesting for off-site transport, and record-keeping. The manifest system is a key tracking tool, ensuring that hazardous waste is transported by permitted transporters to permitted treatment, storage, or disposal facilities (TSDFs). The manifest accompanies the waste from the generator to the TSDF, with copies returned to the generator, providing a cradle-to-grave tracking mechanism. Failure to properly manifest hazardous waste or ensure its delivery to a permitted facility constitutes a violation of the Act. The question probes the understanding of the primary regulatory instrument used to track hazardous waste shipments under Montana law. This instrument is the uniform hazardous waste manifest, which is a multi-copy form that accompanies hazardous waste shipments from the generator to the designated TSDF. It contains essential information about the waste, its origin, transporter, and destination, serving as a legal document for accountability and record-keeping.

The Montana Hazardous Waste Act, mirroring federal RCRA provisions, establishes a cradle-to-grave management system for hazardous waste. A critical aspect of this system is the definition of a hazardous waste generator. Generators are categorized based on the amount of hazardous waste they produce per month. A Very Small Quantity Generator (VSQG) produces 100 kilograms or less of hazardous waste per month, and no more than 1 kilogram of acutely hazardous waste per month. A Small Quantity Generator (SQG) produces between 100 and 1,000 kilograms of hazardous waste per month, and no more than 1 kilogram of acutely hazardous waste per month. A Large Quantity Generator (LQG) produces 1,000 kilograms or more of hazardous waste per month, or more than 1 kilogram of acutely hazardous waste per month. The scenario describes a facility in Montana that generates 800 kilograms of hazardous waste and 2 kilograms of acutely hazardous waste in a calendar month. To determine the generator status, we compare these amounts to the thresholds. The 800 kilograms of hazardous waste falls within the SQG range (100-1000 kg/month). However, the generation of 2 kilograms of acutely hazardous waste exceeds the 1 kilogram threshold for SQGs and VSQGs, thereby classifying the facility as a Large Quantity Generator, regardless of the total hazardous waste volume. This is because the stringent management requirements for acutely hazardous wastes apply at lower thresholds to protect public health and the environment from highly toxic substances.

Montana’s hazardous waste regulations, primarily codified under the Administrative Rules of Montana (ARM) Title 17, Chapter 14, Subchapter 1, establish requirements for the management of hazardous waste. Specifically, ARM 17.14.101 defines a hazardous waste characteristic as a property that a material may exhibit, making it hazardous. These characteristics are ignitability, corrosivity, reactivity, and toxicity. A generator must determine if their waste exhibits any of these characteristics. For toxicity, this is typically determined through the Toxicity Characteristic Leaching Procedure (TCLP), as outlined in ARM 17.14.101(1)(d) and referencing federal EPA methods. If a waste leaches specific constituents above regulatory limits during the TCLP test, it is classified as toxic hazardous waste. For example, if a waste sample, when subjected to the TCLP, results in a leachate concentration of lead exceeding the regulatory limit of 5.0 mg/L, that waste would be classified as exhibiting the toxicity characteristic. This classification dictates the subsequent management requirements, including storage, transportation, and disposal, under Montana’s hazardous waste program, which is largely authorized by the federal Resource Conservation and Recovery Act (RCRA). Therefore, the correct identification of a waste’s hazardous characteristics is a foundational step in compliance.

The Resource Conservation and Recovery Act (RCRA) establishes the framework for managing hazardous waste from generation to final disposal. In Montana, as in other states, the Department of Environmental Quality (DEQ) implements RCRA through its own authorized hazardous waste program, which must be at least as stringent as the federal program. A key aspect of RCRA is the management of hazardous waste generators. The classification of a generator is based on the quantity of hazardous waste produced per calendar month. Very Small Quantity Generators (VSQGs) generate 100 kilograms (kg) or less of hazardous waste per month, or 1 kilogram (kg) or less of acute hazardous waste per month. Small Quantity Generators (SQGs) generate more than 100 kg but less than 1,000 kg of hazardous waste per month. Large Quantity Generators (LQGs) generate 1,000 kg or more of hazardous waste per month, or more than 1 kg of acute hazardous waste per month. This classification dictates the specific management standards that apply, including storage limits, personnel training, contingency planning, and record-keeping requirements. For instance, LQGs face the most stringent requirements. Understanding these thresholds is critical for businesses to ensure compliance with Montana’s hazardous waste regulations, which are largely modeled after federal RCRA regulations. The scenario presented involves a facility that generates 150 kg of hazardous waste and 0.5 kg of acute hazardous waste in a calendar month. To determine the generator status, we must consider both waste streams. The 150 kg of hazardous waste places the facility in the SQG category (more than 100 kg but less than 1,000 kg). However, the generation of 0.5 kg of acute hazardous waste per month does not automatically elevate the facility to LQG status, as the threshold for acute hazardous waste is more than 1 kg per month. Therefore, based on the quantities provided, the facility is classified as a Small Quantity Generator.

Montana’s Hazardous Waste Management Act, mirroring federal RCRA (Resource Conservation and Recovery Act) provisions, establishes a framework for the “cradle-to-grave” management of hazardous waste. A key aspect of this management is the identification and tracking of hazardous waste. Generators are responsible for determining if their waste is hazardous. This determination involves consulting the lists of hazardous wastes (F, K, P, U lists) and applying the characteristic hazardous waste criteria (ignitability, corrosivity, reactivity, toxicity). If a waste exhibits any of these characteristics or is listed, it is considered hazardous. The generator must then obtain an EPA identification number and comply with manifesting requirements for off-site shipment. The manifest is a crucial document that accompanies hazardous waste from the point of generation to its final disposal, ensuring accountability and tracking throughout the transportation and treatment process. The generator’s responsibility extends to ensuring that the designated transporter and treatment, storage, and disposal facility (TSDF) are permitted to handle the specific type of hazardous waste. Furthermore, generators must maintain records of their hazardous waste activities, including manifests and test results, for a specified period. The Montana Department of Environmental Quality (DEQ) oversees compliance with these regulations within the state, often implementing and enforcing federal RCRA standards unless state-specific regulations are more stringent. The core principle is to prevent the improper disposal of hazardous waste, thereby protecting human health and the environment.