(1) In 40 CFR 260.1(b)(1), references to "EPA" are retained. The department has separate rules governing access to information and confidentiality at ARM Title 17, chapter 53, subchapter 2. 

(2) In 40 CFR 260.1(b)(4) through (6), references to "EPA" are retained.

(3) 40 CFR 260.2(a) and (b), pertaining to availability of information and confidentiality of information, are not adopted. The department has separate rules governing access to information and confidentiality at ARM Title 17, chapter 53, subchapter 2.

(4) In 40 CFR 260.2(c) and (d), 260.4, and 260.5, references to "EPA" are retained.

(5)  The definitions in 40 CFR 260.10 are subject to the provisions of ARM 17.53.301.

(6) 40 CFR 260.20 through 260.23, pertaining to rulemaking petitions, are not adopted.  Thus, any reference to petitions under these provisions in 40 CFR 124, 260 through 268, 270, 273, and 279, incorporated by reference by this chapter, are not applicable under the Montana hazardous waste program.  See ARM 17.53.406 for more information.