Issue 3 - the Montana Secretary of State Website

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NEW RULE XVII
COMMENT NO. 33: A commentor stated that the requirements of New Rule
XVII(1)(a) and (b) apply to all facilities, but that the rest of the rule should not apply
to Class III and Class IV facilities, or at any Class II landfill units except MSWLF
units.
RESPONSE: New Rule XVII, which concerns explosive gases control,
applies only to Class II landfill units. However, the requirements of this rule are
adopted for Class IV landfill units in New Rule XXIX(2)(c). The requirement cited by
the commentor, that (1)(a) and (b) are applicable to Class IV landfill units, is
contained in 40 CFR 257.3-8(a)(1) and (2).
The department has amended New Rule XXIX(2)(c) to state that only XVII(1)
applies to a Class IV landfill unit. For issues concerning the regulation of MSW and
non-MSW at a Class II unit in New Rules XVII and XXIX, see the response to
Comment No. 12.
The department has prepared findings, pursuant to 75-10-107, MCA,
concerning the stringency of the requirement in (4)(c) for department approval of a
methane remediation plan. See Stringency Findings for this rule.
NEW RULE XVIII
COMMENT NO. 34: A commentor stated that (2) states that burning is
prohibited, except for the infrequent burning of agricultural wastes, forest product
wastes, land-clearing debris, diseased trees, and emergency cleanups, but that
other wastes, such as untreated wood waste, are being burned in burn pits at
landfills. The commentor stated that the department should re-evaluate the list in
New Rule XVIII(2) and modify it to reflect actual practice.
RESPONSE: New Rule XVIII(2) contains the same list as 40 CFR 258.24
concerning materials that are permitted for open burning. A condition of approval of
the department's solid waste program by EPA is that the rules be at least as
stringent as EPA's regulations. Therefore, it is necessary for the department to
adopt the language as proposed. The department's air quality rule concerning the
issuance of a conditional air quality open burning permit, ARM 17.8.612, addresses
the burning of untreated wood waste at a licensed landfill, as follows:
"(4) The department may issue a conditional air quality open burning permit
to dispose of:
(a) solid wood and wood byproduct trade wastes by any business, trade,
industry, or demolition project; or
(b) untreated wood waste at a licensed landfill site, …."
ARM 17.8.612 is inconsistent with New Rule XVIII and 40 CFR 258.24
concerning the list of materials that may be burned at a licensed landfill. The
department believes it would be prudent to conform the list of materials that may be
burned at a licensed landfill in ARM 17.8.612 to those materials listed in New Rule
XVIII, but that cannot be accomplished in this rulemaking.
NEW RULE XXII
Montana Administrative Register 3-2/11/10