Missouri Code of State Regulations › Title 10 - DEPARTMENT OF NATURAL RESOURCES › Division 25 - Hazardous Waste Management Commission › Chapter 7 - Rules Applicable to Owners/Operators of Hazardous Waste Facilities › Section 10 CSR 25-7.268 - Land Disposal Restrictions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: There are multiple purposes to this
				  amendment. First of all, the incorporation by reference of 40 CFR part 268 will
				  be updated to the July 1, 2013 edition. In doing so, all changes to part 268
				  since the date of previous incorporation will be incorporated into the state
				  rules. Second, the Department of Natural Resources has identified numerous
				  changes in this rule that are required by section
				  260.373,
				  RSMo. This section requires the department to identify rules that are
				  inconsistent with the limitation on rulemaking authority established in this
				  section and to make the necessary changes to the rule text by December 31,
				  2015. Finally, other changes to this rule are proposed as part of the routine
				  process of making corrections to the rule, eliminating outdated rule text, and
				  making the rules easier to understand, which will reduce the burden on both the
				  department and the regulated community.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) The regulations set forth in 40 CFR part
				268, July 1, 2013, 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. 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) shall apply 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 shall
				control.
(2) Persons who generate
				or transport hazardous waste and owners or operators of hazardous waste
				treatment, storage, and disposal facilities shall comply with this section in
				addition to the regulations in 40 CFR part 268. (Comment: This section has been
				organized so that all Missouri additions, changes, or deletions to any subpart
				of the federal regulations are noted within the corresponding subsection of
				this section. For example, the changes to 40 CFR part 268 subpart A are found
				in subsection (2)(A) of this rule.)
(A)
				General. This subsection sets forth modifications to 40 CFR part 268 subpart A
				incorporated by reference in section (1) of this rule.
1.
(Reserved)
2. The state cannot be delegated the
				authority from the United States Environmental Protection Agency (EPA) to
				approve extensions to effective dates of any applicable restrictions, as
				provided in
				40 CFR
				268.5 incorporated in this rule. The
				substitution of terms in
				10
				CSR 25-3.260(1)(A) does not apply in
				40 CFR
				268.5 as incorporated in this rule. This
				modification does not relieve the regulated person of his/her responsibility to
				comply with
				40 CFR
				268.5 of the federal hazardous waste
				management regulations.
3. The
				state cannot be delegated the authority from the E PA to approve exemptions
				from prohibitions for the disposal of a restricted hazardous waste in a
				particular unit(s) based upon a petition demonstrating, to a reasonable degree
				of certainty, that there will be no migration of hazardous constituents from
				the disposal unit(s) for as long as the wastes remain hazardous as provided in
				40
				CFR 268.6 incorporated in this rule. The
				substitution of terms in
				10
				CSR 25-3.260(1)(A) does not apply in
				40
				CFR 268.6 as incorporated in this rule. This
				modification does not relieve the regulated person of his/her responsibility to
				comply with
				40
				CFR 268.6 of the federal hazardous waste
				management regulations.