Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 25 - Hazardous Waste Management Commission › Chapter 3 - Hazardous Waste Management System: General › Section 10 CSR 25-3.260 - Definitions, Modifications to Incorporations and Confidential Business Information

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: All of the rules in Title 10, Division 25
				  relating to hazardous waste generators, permitted hazardous waste facilities,
				  and hazardous waste transporters were reviewed as part of the department's Red
				  Tape Reduction initiative for the purpose of reducing regulations that
				  unnecessarily burden individuals and businesses while doing little to protect
				  or improve public health and safety and our natural resources. The purpose of
				  this amendment is to make changes consistent with this initiative to this
				  rule.
(1) The regulations set
				forth in 40 CFR part 260, July 1, 2013, as published by the Office of the
				Federal Register, National Archives and Records Administration, Superintendent
				of Documents, Pittsburgh, PA 15250-7954, and the changes made at 78 FR 0, July
				31, 2013, are incorporated by reference, except for the changes made at 70 FR
				53453, September 8, 2005, subject to the following additions, modifications,
				substitutions, or deletions. This rule does not incorporate any subsequent
				amendments or additions.
(A) Except where
				otherwise noted in sections (2) and (3) of this rule or elsewhere in 10 CSR 25,
				any federal agency, administrator, regulation, or statute that is referenced in
				40 CFR parts 260-270, 273, and 279, and incorporated by reference in 10 CSR 25,
				shall be deleted and in its place add the comparable state department,
				director, rule, or statute. Where conflicting rules exist in 10 CSR 25, the
				more stringent rules control.
1. "Director" is
				substituted for "Administrator" or "Regional Administrator" except where those
				terms are defined in
				40
				CFR 260.10 incorporated in this rule and
				where otherwise indicated in 10 CSR 25.
2. "Missouri Department of Natural Resources"
				is substituted for "EPA," "U.S. EPA," or "U.S. Environmental Protection Agency"
				except where those terms appear in definitions in
				40
				CFR 260.10 incorporated in this rule and
				where otherwise indicated in 10 CSR 25.
3. "Section 260.395.15, RSMo," is substituted
				for "Section 3005(e) of RCRA."
4.
				"Sections
				260.375(9),
				260.380.1(9),
				260.385(7), and 260.390(7), RSMo," is substituted for "Section 3007 of
				RCRA."
5. "Sections
				260.410
				and
				260.425,
				RSMo," is substituted for "Section 3008 of RCRA."
6. "10 CSR 25-3.260 " is substituted for any
				reference to 40 CFR part 260.
7.
				"10 CSR
				25-4.261 " is substituted for any reference to 40 CFR
				part 261.
8. "10 CSR
				25-5.262 " is substituted for any reference to 40 CFR
				part 262.
9. "10 CSR
				25-6.263 " is substituted for any reference to 40 CFR
				part 263.
10. "10 CSR
				25-7.264 " is substituted for any reference to 40 CFR
				part 264.
11. "10 CSR
				25-7.265 " is substituted for any reference to 40 CFR
				part 265.
12. "10 CSR
				25-7.266 is substituted for any reference to 40 CFR
				part 266.
13. "10 CSR
				25-7.268 " is substituted for any reference to 40 CFR
				part 268.
14. "10 CSR
				25-7.270 " is substituted for any reference to 40 CFR
				part 270.
15. "10 CSR
				25-8.124 " is substituted for any reference to 40 CFR
				part 124.
16. "10 CSR
				25-11.279 is substituted for any reference to 40 CFR
				part 279.
17. "10 CSR
				25-16.273 " is substituted for any reference to 40 CFR
				part 273.
18. "Sections
				260.350-260.434, RSMo is substituted for "Subtitle C of RCRA Act," or "RCRA,"
				except where those terms are defined in
				40
				CFR 260.10, incorporated in this
				rule.
19. "Section 260.380.1(1),
				RSMo is substituted for "Section 3010 of RCRA."
20. "Section
				260.420,
				RSMo" is substituted for "Section 7003 of RCRA."
21. "Waste within the meaning of section
				260.360(21),
				RSMo," is substituted for "solid waste within the meaning of section 1004(27)
				of RCRA." Residual materials specified as wastes under section
				260.360(21),
				RSMo, means any spent materials, sludges, by-products, commercial chemical
				products, or scrap metal that are solid wastes under
				40 CFR
				261.2, as incorporated in
				10 CSR
				25-4.261.
22. "Section
				260.360(9),
				RSMo," is substituted for "Section 1004(5) of
				RCRA."
23. "Chapter 610, RSMo,
				sections
				260.430
				and
				260.550,
				RSMo, 10 CSR 25-3.260(1)(B), and
				10 CSR
				25-7.270(2)(B) " are substituted for
				any reference to the Federal Freedom of Information Act (
				5
				U.S.C. 552(a) and (b) ), 40
				CFR part 2, or Section 3007(b) of RCRA.
24. All quantities of solid waste which are
				defined as hazardous waste pursuant to 10 CSR 25-4 are hazardous waste and are
				regulated under sections 260.350-260.434, RSMo, and 10 CSR 25. A person shall
				manage all hazardous waste which is not subject to requirements in 10 CSR 25 in
				accordance with subsection 260.380.3, RSMo. When a person accumulates one
				hundred kilograms (100 kg) of nonacute hazardous waste or one kilogram (1 kg)
				of acutely hazardous waste or the aggregate of one hundred kilograms (100 kg)
				of acute and nonacute hazardous waste, whichever first occurs, that person is
				subject to the provisions in 10 CSR 25. This provision is in addition to the
				calendar-month generation provisions in
				40 CFR
				261.5 which are incorporated by reference and
				modified in 10 CSR
				25-4.261(2)(A).
25. The term variance in 10 CSR 25 means an
				action of the commission pursuant to section
				260.405,
				RSMo. In any case where a federal rule that is incorporated by reference in 10
				CSR 25 uses the term variance but the case-by-case decision or action of the
				department or commission does not meet the description of a variance pursuant
				to section
				260.405,
				RSMo, the decision or action will be considered an exception or exemption based
				on the conditions set forth in the federal regulation incorporated by reference
				or the omission from regulation.
26. The rules of grammatical construction in
				40 CFR
				260.3 incorporated by reference in this rule
				also apply to the incorporated text of 40 CFR parts 266 and 270 and to 10 CSR
				25.