Issue 3 - the Montana Secretary of State Website

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40 CFR 257.9, which applies to all Class IV landfill units. The department is striking
"lined" from the phrase "lined Class IV."
NEW RULE VII
COMMENT NO. 24: A commentor stated that the phrase "lined Class IV unit"
should be deleted from New Rule VII(1), concerning setbacks from fault areas,
because the phrase made the rule more stringent than EPA requirements.
RESPONSE: The department agrees that EPA regulations for Class IV
landfill units do not require a setback from fault areas. In response to comments,
the department is eliminating many of the prescriptive requirements for a Class IV
landfill unit, including the setback from fault areas that was the subject of this
comment. Instead, the department is basing design requirements on a showing that
a Class IV landfill unit will not contaminate an underground drinking water source,
which is the standard required by EPA in 40 CFR 257.3-4 for all solid waste landfill
units that do not receive municipal solid waste, including a Class IV landfill unit. If
an owner or operator of a Class IV landfill unit does not include, as part of its
application for a solid waste license, a liner as part of its design to avoid
contaminating an underground drinking water source, and the department approves
the design, then no liner will be required, and no setback from fault areas to protect
a liner from being torn by fault displacement will be needed. However, if an owner
or operator includes a liner as part of a design of a Class IV landfill unit, then the
department will not be likely to approve the design unless it includes a setback from
a fault area to protect the liner from being torn by displacement.
NEW RULE VIII
COMMENT NO. 25: A commentor stated that the phrases "gas control
system" and "landfill final cover" should be removed from the proposed rule,
because they are not included as "containment structures" in EPA requirements, in
40 CFR 258.14, for a unit located in a seismic impact zone, and they make the rule
more stringent than that regulation.
RESPONSE: In response to the comment, the department has stricken the
language as requested.
COMMENT NO. 26: A commentor stated that reference to lined Class IV
units should be deleted from New Rule VIII(1), concerning design of a unit in a
seismic impact zone, because the reference made the rule more stringent than EPA
requirements.
RESPONSE: In response to the comment, the department has stricken the
language as requested. If a liner is submitted as part of a design to meet ground
water standards, design requirements to protect a liner from seismic activity could
be required. See Response to Comment No. 24.
NEW RULE IX
COMMENT NO. 27: A commentor stated that applying unstable area
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