Issue 3 - the Montana Secretary of State Website

-391-
licensee "review the operation and maintenance plan every five years after the date
of the issuance of the solid waste management system license to determine if
significant changes in conditions or requirements have occurred. If the review
indicates that significant changes have occurred, the owner, operator, or licensee
shall update the operation and maintenance plan to reflect changed conditions and
requirements, and submit the update to the department for approval." If the owner,
operator, or licensee determines that significant changes have not occurred then an
update of the plan is not necessary.
COMMENT NO. 76: A commentor stated that the department's assertion that
there are no comparable federal requirements for Class III and IV facilities is not
correct. Comparable federal requirements for Class III and IV facilities are found in
40 CFR Part 257, and the federal government deliberately limited the regulations
based on the threats from different types of facilities to human health and the
environment. The department cannot adopt rules for Class III or Class IV facilities
that are more stringent or that cover additional areas without presenting full scientific
evidence of the threats to the environment, as required in 75-10-107, MCA.
RESPONSE: The department conducted a stringency analysis of the
proposed requirements for Class III and Class IV landfill facilities. The department
introduced testimony on the stringency factors at the November 4, 2009, public
hearing. Each rule for which specific comments were received has been addressed
in the responses to comments in this notice, and, where the department determined
that findings were required under 75-10-107, MCA, the factors specified in that
statute have been addressed in the findings. For those rules on which a specific
comment was received, the following discussion cites to the number of the response
to comments for that rule. For those rules for which no specific comment was
received, an analysis follows.
(a) the prohibition in New Rule XI(1)(h) against locating a Class III landfill unit
in wetlands unless a demonstration has been made. See Response to Comment
No. 29.
(b) the locational restriction in New Rule VII for a Class IV landfill unit in a
fault area unless a demonstration has been made. See Response to Comment No.
24.
(c) the locational restriction in New Rule VIII for a Class IV landfill unit in a
seismic area unless a demonstration has been made. See Response to Comment
No. 26.
(d) the locational restriction in New Rule IX for a Class IV landfill unit in an
unstable area unless a demonstration has been made. See Response to Comment
No. 27.
(e) liability insurance requirements in proposed ARM 17.50.508(2) and New
Rule XXV. See Response to Comment No. 38.
(f) requirements concerning updates to operating and maintenance plans in
proposed new ARM 17.50.509(4). Operation and maintenance plan and plan
updates are not addressed in the federal solid waste regulations in 40 CFR Parts
257 and 258. Therefore, the requirement to submit a plan update for approval does
not trigger the findings requirements of 75-10-107, MCA, because EPA has no
comparable regulations that address the same circumstances. The reason for the
3-2/11/10 Montana Administrative Register