Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 25 - Hazardous Waste Management Commission › Chapter 4 - Methods for Identifying Hazardous Waste › Section 10 CSR 25-4.261 - Methods for Identifying 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 261, 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 46447,
				July 31, 2013, 80 FR 1693, January 13, 2015, and 83 FR 24664, May 30, 2018, are
				incorporated by reference, except for the changes made at 55 FR 50450, December
				6, 1990, 56 FR 27332, June 13, 1991, 60 FR 7366, February 7, 1995, 63 FR 33823,
				June 19, 1998, 70 FR 53453, September 8, 2005, and 73 FR 77954, December 19,
				2008. 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.
				Where conflicting rules exist in 10 CSR 25, the more stringent rules
				control.
(2) This section sets
				forth specific modifications of the regulations incorporated in section (1) of
				this rule. A person subject to identifying a hazardous waste shall comply with
				this section as it modifies 40 CFR part 261 as incorporated in this rule.
				(Comment: This section has been organized in order that all Missouri additions,
				changes, or deletions to any subpart of the federal regulation are noted within
				the corresponding subsection of this section. For example, changes to 40 CFR
				part 261 subpart A will be located in subsection (2)(A) of this rule.)
(A) General. The following are changes to 40
				CFR part 261 subpart A incorporated in this rule:
1. (Reserved)
2. (Reserved)
3. (Reserved)
4. (Reserved)
5. (Reserved)
6. (Reserved)
7.
											40
				CFR 261.4(a)(16) is not
				incorporated in this rule (Note: The paragraph at
				40
				CFR 261.4(a)(16) added by 63
				FR 33823, June 19, 1998, is the paragraph not incorporated by 10 CSR
				25-4.261(2)(A) 9.);
8.
				(Reserved)
9. A generator shall
				submit the information in
				40
				CFR 261.4(e)(2)(v)(C) as
				incorporated in this rule to the department along with the Generator's
				Hazardous Waste Summary Report in
				10 CSR
				25-5.262(2)(D) 1.;
10. The changes to
				40 CFR
				261.5, special requirements for hazardous
				waste generated by conditionally exempt small quantity generators, incorporated
				in this rule are as follows:
A. The
				modification set forth in
				10 CSR
				25-3.260(1)(A) 24. applies in this
				rule in addition to other modifications set forth;
B.
												40 CFR
				261.5(g)(2) is not
				incorporated in this rule;
11. The substitution of terms in
				10 CSR
				25-3.260(1)(A) does not apply in
				40 CFR
				261.6(a)(3)(i), as
				incorporated in this rule. The state may not assume authority from the
				Environmental Protection Agency (EPA) to receive notifications of intent to
				export or to transmit this information to other countries through the
				Department of State or to transmit Acknowledgments of Consent to the exporter.
				This modification does not relieve the regulated person of the responsibility
				to comply with the Resource Conservation and Recovery Act (RCRA) or other
				pertinent export control laws and regulations issued by other
				agencies;
12. (Reserved)
13. (Reserved)
14. (Reserved)
15. and (Reserved)
16. In accordance with section 260.432.5(2),
				RSMo, used cathode ray tubes (CRTs) may not be placed in a sanitary landfill,
				except as permitted by section 260.380.3, RSMo.