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 25-7.264 - Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

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 264, 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) apply in this rule in
				addition to any other modification set forth in section (2) of this rule. Where
				conflicting rules exist in 10 CSR 25, the more stringent rules
				control.
(2) The owner or operator
				of a permitted hazardous waste treatment, storage, or disposal facility shall
				comply with this section in addition to the regulations of 40 CFR part 264. In
				the case of contradictory or conflicting requirements, the more stringent
				requirements control. (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 requirements to be added to 40 CFR part 264 subpart E are found in
				subsection (2)(E) of this rule.)
(A) General.
				This subsection sets forth requirements which modify or add to those
				requirements in 40 CFR part 264 subpart A.
(B) General Facility Standards.
				(Reserved)
(C) Preparedness and
				Prevention.
(Reserved)
(D) Contingency Plan and Emergency
				Procedures. This subsection sets forth requirements which modify or add to
				those requirements in 40 CFR part 264 subpart D.
1. The government official described in
				40 CFR
				264.56(d)(2) incorporated in
				this rule as the on-scene coordinator shall be contacted and further identified
				in the report as one (1) of the following:
A.
				The department's Emergency Response Coordinator (573) 634-2436 or (573)
				634-CHEM;
B. The E PA Region VII
				Emergency Planning and Response Branch (913) 236-3778; or
C. The National Response Center identified in
				40 CFR
				264.56(d)(2), incorporated
				in this rule.
(E) Manifest System, Record Keeping, and
				Reporting. This subsection sets forth requirements which modify or add to those
				requirements in 40 CFR part 264 subpart E.
1.
				The owner or operator of a hazardous waste management facility shall submit a
				report to the department as set forth in this paragraph.
A. All owners or operators shall comply with
				the reporting requirements in
				10 CSR
				25-5.262(2)(D) regardless of whether
				the owner or operator is required to register as a generator pursuant to
				10 CSR
				25-5.262(2)(A) 1.
B. In addition to the requirements in
				10 CSR
				25-5.262(2)(D) for hazardous waste
				generated on-site and shipped off-site for treatment, storage, or disposal, the
				owner or operator shall meet the same requirements for the following:
(I) All hazardous waste generated on-site
				during the reporting period that is managed on-site; and
(II) All hazardous waste received from
				off-site during the reporting period, including hazardous waste generated by
				another generator and hazardous waste generated at other sites under the
				control of the owner or operator.
C. In addition to the information specified
				in 10 CSR
				25-5.262(2)(D), an owner or operator
				shall include the following information in the summary report:
(I) A description and the quantity of each
				hazardous waste that was both generated and managed on-site during the
				reporting period;
(II) For each
				hazardous waste that was received from off-site, a description and the quantity
				of each hazardous waste, the corresponding state, and E PA identification
				numbers of each generator;
(III)
				For imports, the name and address of the foreign generator;
(IV) The corresponding method of treatment,
				storage, disposal, or other approved management method used for each hazardous
				waste; and
(V) The quantity and
				description of hazardous waste residue generated by the facility.
2. As outlined in
				section 260.380.2, RSMo, all owners or operators shall pay a fee to the
				department of two dollars ($2) per ton or portion thereof for any and all
				hazardous waste received from outside of Missouri. This fee is referred to as
				the Out-of-State Waste Fee and does not apply to hazardous waste received
				directly from other permitted treatment, storage, and disposal facilities
				located in Missouri.
A. For each owner or
				operator, this fee shall be paid on or before January 1 of each year and is
				based on the total tons of hazardous waste received in the aggregate by that
				owner or operator for the twelve- (12-) month period ending the previous June
				30. As outlined in section 260.380.4, RSMo, failure to pay this fee in full by
				the due date shall result in imposition of a late fee equal to fifteen percent
				(15%) of the total original fee. Each twelve- (12-) month period ending on June
				30 shall be referred to as a reporting year.
B. Owners or operators may elect, but are not
				required, to pay this fee on a quarterly basis at the time they file the
				reports specified in subparagraphs (2)(E)3.B. and C. of this rule. If they do
				not choose to pay the fee quarterly, owners or operators may elect, but are not
				required, to pay the fee at the time they file their final quarterly report of
				each reporting year. However, the total fee for each reporting year must be
				paid on or before January 1 immediately following the end of each reporting
				year.
EXAMPLES OF OUT-OF-STATE WASTE FEE
							 CALCULATION
Example 1. ABC Company reports receiving 250 tons of
							 hazardous waste from outside of Missouri:
$2 × 250 tons = $500 fee
Example 2. ABC Company reports receiving 410.6 tons
							 of hazardous waste from outside of Missouri. The number of tons would be
							 rounded to 411:
$2 × 411 tons = $822 fee
Example 3. ABC Company reports receiving 52,149.3
							 tons of hazardous waste from outside of Missouri. The number of tons would be
							 rounded to 52,150:
$2 × 52,150 tons = $104,300 fee
(F) Releases From Solid Waste Management
				Units. (Reserved)
(G) Closure and
				Post-Closure. (Reserved)
(H)
				Financial Assurance Requirements. (Reserved)
(I) Containers. This subsection sets forth
				requirements in addition to 40 CFR part 264 subpart I incorporated in this
				rule.
1. Containers storing hazardous waste
				must be labeled in accordance with
				10 CSR
				25-5.262(2)(C) during the entire
				storage period.
(J)
				Tanks. (Reserved)
(K) Surface
				Impoundments. (Reserved)
(L) Waste
				Piles. (Reserved)
(M) Land
				Treatment.
(Reserved)
(N) Landfills. (Reserved)
(O) Incinerators. (Reserved)
(P) (Reserved).
(Q)
(Reserved)
(R)
(Reserved)
(S) Corrective Action for Solid Waste
				Management Units.
(Reserved)
(T)
(Reserved)
(U)
(Reserved)
(V)
(Reserved)
(W) Drip Pads. 40 CFR part 264 subpart W is
				not incorporated by reference.
(X)
				Miscellaneous Units. (Reserved)
(Y)
(Reserved)
(Z)
(Reserved)
(AA)
				Air Emission Standards for Process Vents.
(Reserved)
(BB) Air Emis sion Stand ards for Equip -ment
				Leaks.
(Reserved)
(CC) Air Emission Standards for Tanks,
				Surface Impoundments, and Containers.
(Reserved)
(DD) Containment Buildings.
(Reserved)
(EE)
				Hazardous Waste Munitions and Explosive Storage.
(Reserved)