Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 25 - Hazardous Waste Management Commission › Chapter 6 - Rules Applicable to Transporters of Hazardous Waste › Section 10 CSR 25-6.263 - Standards for Transporters of Hazardous Waste

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 263, July 1, 2013; 49 CFR parts 171-180, November 1, 1990,
				and December 1, 1997; and 49 CFR parts 40, 383, 387, 390-397, October 1, 1990,
				and October 1, 1997, as published by the Office of the Federal Register,
				National Archives and Records Administration, Superintendent of Documents,
				Pittsburgh, PA 15250-7954, are incorporated by reference, except for
				49 CFR
				390.3(f)(2), which is not
				incorporated by reference. This rule does not incorporate any subsequent
				amendments or additions. Except as provided otherwise in this rule, the
				substitution of terms set forth in
				10 CSR
				25-3.260(1)(A) applies in this rule
				in addition to any other modifications set forth in section (2) of this rule
				except that the modifications do not apply to the 49 CFR parts incorporated in
				this rule. Where conflicting rules exist in 10 CSR 25, the more stringent rules
				control.
(2) A hazardous waste
				transporter shall comply with the requirements of this section in addition to
				those set forth in section (1). Any reference to a 40 CFR cite in this section
				means as that provision is incorporated in 10 CSR 25. (Comment: This section
				has been organized in order within the corresponding subsection of this
				section. For example, the additional requirements being added to 40 CFR part
				263 subpart A are found in subsection (2)(A).)
(A) In addition to the requirements in 40 CFR
				part 263 subpart A, the following applies:
1.
				In 40 CFR
				263.10(a) and (c)(1),
				incorporated in this rule, substitute "the state of Missouri" for "United
				States";
2. In the last paragraph
				of the note following
				40 CFR
				263.10(a), change "49 CFR
				parts 171 through 179" to "49 CFR parts 171 through 180 and parts 383, 387, and
				390-397" and add the following to the note: "The parts of 49 CFR are
				incorporated to the extent that these regulations do not conflict with the laws
				and regulations of the state of Missouri, or, in the event the regulations
				conflict, the more stringent regulations control. The equipment used in the
				transportation of hazardous waste shall meet the standards of the Missouri
				Department of Transportation's Division of Motor Carrier and Railroad Safety,
				the United States Department of Transportation, and the Federal Railroad
				Administration, or any combination of them, as applicable for the types of
				hazardous materials for which it will be used. The equipment to be used in the
				transportation of hazardous waste shall be compatible with that waste and
				adequate to protect the health of humans and prevent damage to the
				environment";
3. License
				requirements for power unit transporters of hazardous waste, used oil, or
				infectious waste. In accordance with 10 CSR 25-6.263,
				10 CSR
				25-11.279(2)(E) 1., or
				10 CSR
				80-7.010(4), to be licensed by the
				department hazardous waste transporters shall comply with the following
				requirements:
A. Power unit transporters shall
				submit to the department an application for a license on a form furnished by
				the department and completed with the following information:
(I) The applicant's name, address, location
				of the principal office, or place of business, and the legal owner of the
				applicant company;
(II) A
				description of the service proposed to be rendered;
(III) The applicant's Environmental
				Protection Agency (EPA) identification number;
(IV) The number of power units to be
				used;
(V) A certification that the
				applicant's equipment and operating procedures meet the standards of the
				Missouri Division of Motor Carrier and Railroad Safety, the Federal Department
				of Transportation (DOT), or the Federal Railroad Administration, or
				both;
(VI) A description of each
				power unit to include make, model, year, vehicle identification number (VIN),
				licensed vehicle weight, and state and number of the license plate and a
				description of the trailers (cargo box, van, tank) and maximum trailer
				capacities used by the transporter;
(VII) A disclosure statement for the
				applicant, principal corporate officers, and the holders of more than twenty
				percent (20%) of the applicant company. If any of these persons were involved
				in hazardous waste management before their association with the applicant
				company, the applicant shall submit this information to the department
				including the names of these persons and the names and locations of the
				companies with which they were associated; and
(VIII) For applicants who are not residents
				of Missouri, a written statement designating the director of the department as
				the authorized agent upon whom legal service may be made for all actions
				arising in Missouri from any operation of motor vehicles under authority of the
				department.
B. In
				addition to the completed application, an applicant shall submit each of the
				following:
(I) A fee as specified in
				10 CSR
				25-12.010;
(II) The insurance document(s) as specified
				in paragraph (2)(A)4. of this rule; and
(III) Statements, documents, or both, of the
				following, where applicable:
(a) If the
				applicant is a partnership, include an affidavit to this effect signed by the
				proprietor or include a copy of the partnership agreement. If no written
				partnership agreement has been entered into, include a statement summarizing
				the agreement between the parties which is signed by each of the partners and
				certified by a notary public;
(b)
				If the applicant is a Missouri corporation or a foreign corporation with
				authority to conduct business in Missouri or is a foreign corporation with
				facilities or employees in Missouri, a Certificate of Corporate Good Standing
				from the Missouri secretary of state and if the applicant is a nonresident
				corporation without facilities or employees in Missouri, a Certificate of Good
				Standing from the state or country of residence ; and
(c) If the applicant is conducting its
				business under an assumed or fictitious name, a certified copy of the
				registration with the Missouri secretary of state of the assumed or fictitious
				name.
C.
				License renewal.
(I) At least sixty (60) days
				prior to the expiration date of his/her current license, a hazardous waste
				transporter wishing to renew his/her license shall submit a license renewal
				application on a form furnished by the department, including a Certificate of
				Corporate Good Standing issued within the twelve (12) months preceding the
				license expiration date, documents that satisfy the insurance requirements in
				paragraph (2)(A)4. of this rule, except for other than power unit carriers, and
				a fee as specified in 10 CSR 25-12.
D. Power unit additions, replacements, and
				temporary permits. Changes made to the power unit listings as shown on the
				current license application or renewal form shall be reported to the department
				as follows: A power unit can be added by submitting a written description of
				the power unit to be added and paying a fee in accordance with
				10 CSR
				25-12.010. A power unit can be replaced for another
				without any charge by submitting a description of the original power unit and
				its replacement. A power unit can be issued a temporary permit for a thirty-
				(30-) day period by submitting a written description of the power unit and
				paying a fee in accordance with
				10 CSR
				25-12.010.
E. Proof of license. A transporter shall
				carry proof of license with each power unit transporting hazardous waste within
				Missouri. A legible copy of this certificate shall be in the possession of the
				driver of the power unit and shown upon demand to representatives of the
				department, officers of the Missouri State Highway Patrol, and other law
				enforcement officials;
4.
				Insurance.
A. Transporters licensed in
				accordance with this chapter shall at all times have on file with the
				department a certification of public liability (bodily injury and property
				damage) insurance which includes the required, uniform endorsements covering
				each motor vehicle in accordance with 49 CFR part 387 incorporated by reference
				in this rule. The minimum level of insurance coverage shall not be less than
				one (1) million dollars combined single limit. (Comment: The federal
				regulations at
				49 CFR
				387.9 set forth certain conditions which
				require five (5) million dollars coverage.)
B. The certificate of insurance shall-
(I) State that the insurer has issued to the
				motor carrier a policy of insurance which, by endorsement, provides automobile
				bodily injury and property damage liability insurance covering the obligations
				imposed upon the motor carrier by the provisions of the law of
				Missouri;
(II) Be duly completed
				and executed by the insurer on Form E-Uniform Motor Carrier Bodily Injury and
				Property Damage Liability Certificate of Insurance;
(III) Be duly completed and executed by the
				insurer with the endorsements made on Form F-Uniform Motor Carrier Bodily
				Injury and Property Damage Liability Insurance Endorsements attached to the
				insurance policy and forming a part of that policy; and
(IV) A surety bond, duly completed and
				executed by the surety and principal, in the form set forth in Form G-Uniform
				Motor Carrier Bodily Injury and Property Damage Surety Bond.
C. An insurer under the provisions
				of this rule shall submit to the department not fewer than thirty (30) days'
				notice of cancellation of motor carrier bodily injury and property damage
				liability insurance by filing with the department the form of notice set forth
				in Form K-Uniform Notice of Cancellation of Motor Carrier Insurance Policies.
				The notice shall be duly completed and executed by the insurer. A surety under
				the provisions of this rule shall give the department not fewer than thirty
				(30) days' notice of the cancellation of motor carrier bodily injury and
				property damage liability surety bond by filing with the department the form of
				notice set forth in Form L-Uniform Notice of Cancellation of Motor Carrier
				Surety Bond. The notice shall be duly completed and executed by the surety or
				motor carrier.
D. Forms E, F, G, K,
				and L referred to in subparagraphs (2)(A)4.B. and C. of this rule are the
				standard forms determined by the National Association of Regulatory Utility
				Commissioners and promulgated by the Interstate Commerce Commission pursuant to
				the provisions of section 202(b)(2) of the Interstate Commerce Act,
				49 U.S.C. section
				302(b)(2), 1994.
E. Before any policy of insurance will be
				accepted by the department, the insurance company issuing the policy or the
				carrier offering the same, upon request of the department, shall furnish
				evidence satisfactory to the department that the insurance company issuing the
				policy is duly authorized to transact business in Missouri and that it is
				financially able to meet the obligations of the policy offered.
F. All insurance certificates and surety
				bonds filed with the department shall remain on file with the department and
				shall not be removed except with the written permission of the
				director.
G. A new certificate of
				insurance shall be filed for reinstatement of insurance which has been
				canceled;
5. Vehicle
				marking. The transportation vehicle used to ship hazardous waste shall be
				marked in accordance with
				49 CFR
				390.21(b) and (c);
6. No hazardous waste shall be accepted for
				transport unless it has been properly loaded and secured in accordance with
				49 CFR
				177.834;
7. Incompatible wastes. A waste shall not be
				added to an unwashed or uncleaned container that previously held an
				incompatible material;
8. In
				addition to the requirements in
				40 CFR
				263.10(c)(1), add the
				following requirements: A transporter who accepts shipments of hazardous waste
				from a person not subject to registration as a generator in accordance with
				10 CSR
				25-5.262, and in so doing accumulates one hundred
				kilograms (100 kg) or more of hazardous waste, becomes a generator and shall
				comply with 10 CSR 25-5.262 in addition to
				the requirements of this rule. (Note: This provision is not intended to apply
				to municipal waste haulers who may unknowingly pick up small quantities of
				hazardous waste that may have been deposited in solid waste containers along
				their routes.);
9. In addition to
				the requirements in
				40 CFR
				263.11, add the following: "In the event that
				an E PA identification number has not been assigned, the department will assign
				an E PA identification number." The applicant shall also submit an application
				for license in accordance with this rule at the time of notification;
				and
10. In addition to the
				requirements in
				40 CFR
				263.12, the following rules apply to transfer
				facilities (Note: Used oil transfer facilities are regulated under
				10 CSR
				25-11.279.):
A. A
				hazardous waste transported intrastate or into the state by motor carrier shall
				arrive at its destination in ten (10) calendar days or less from the date the
				initial transporter signs the manifest, or when the waste first enters the
				state, unless departmental approval is obtained prior to the expiration of the
				ten- (10-) day period;
B. A
				hazardous waste destined for out-of-state treatment, storage, or disposal shall
				leave the state in ten (10) calendar days or less from the date the initial
				transporter signs the manifest unless departmental approval is obtained prior
				to the expiration of the ten-(10-) day period;
C. A hazardous waste transported through the
				state by motor carrier shall pass through the state in ten (10) calendar days
				or less unless departmental approval is obtained prior to the expiration of the
				ten- (10-) day period;
D. A
				secondary containment system for storage of hazardous waste in containers at a
				transfer facility shall be designed, maintained, and operated as follows:
(I) With a base under the container(s) which
				is free of cracks or gaps and is sufficiently impervious to contain leaks,
				spills, and accumulated precipitation until the collected material is detected
				and removed;
(II) With the base
				sloped or the containment system designed and operated to drain and remove
				liquids resulting from leaks, spills, or precipitation, unless the containers
				are elevated or are otherwise protected from contact with accumulated
				liquids;
(III) With a capacity
				equal to ten percent (10%) of the containerized waste volume or the volume of
				the largest container, whichever is greater (Containers that do not contain
				free liquids need not be considered in this calculation.);
(IV) With run-on into the containment system
				prevented unless the collection system has sufficient excess capacity in
				addition to that specified in part (2)(A)10.D.(I) of this rule to contain any
				run-on which might enter the system; and
(V) With removal of spilled or leaked waste
				and accumulated precipitation from the sump or collection area as necessary to
				prevent overflow of the collection system; and
(VI) Including the containment system as part
				of the weekly inspections specified in
				40
				CFR 265.174 incorporated by reference in
				10 CSR
				25-7.265(1);
E. The following requirements apply to the
				transporter's management of ignitable, reactive, incompatible, or volatile
				wastes at a transfer facility:
(I) Take
				precautions to prevent accidental ignition or reaction of ignitable or reactive
				wastes;
(II) Separate and protect
				wastes identified in E of this section from sources of ignition or reaction
				including, but not limited to, open flames, smoking, cutting and welding, hot
				surfaces, frictional heat, sparks (static, electrical, or mechanical),
				spontaneous ignition (that is, from heat-producing chemical reactions), and
				radiant heat;
(III) While ignitable
				or reactive waste is being handled, confine smoking and open flame to specially
				designated locations.
(IV)
				Conspicuously place No Smoking signs wherever there is a hazard from ignitable
				or reactive waste;
F.
				Preparedness and prevention. A transporter shall equip the transfer station as
				specified in
				40 CFR 265.32
				incorporated by reference in
				10 CSR
				25-7.265(1). In addition, a
				transporter shall also provide safety equipment such as fire blankets, gas
				masks, and self-contained breathing apparatus unless the hazards posed by the
				type of waste managed does not warrant using this additional safety
				equipment;
G. Closure. At closure
				of the storage area, a transporter shall remove and properly dispose of all
				hazardous waste and hazardous residues. For the purpose of this subparagraph,
				closure shall occur when the storage of hazardous wastes has not occurred, or
				is not expected to occur for one (1) year, or when the transporter's license
				lapses, whichever first occurs;
H.
				The contents of separate containers of hazardous waste may not be combined at a
				transfer facility. Individual lab packed containers may be placed in a larger
				container if, when containers are overpacked, the transporter affixes labels to
				the overpack container, which are identical to the labels on the original
				shipping container; and
I. A
				transfer facility shall not be the same facility as designated in item 8 of the
				manifest.