10 CSR 25-16.273 - Standards for Universal Waste Management
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 273, 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) 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) Small and large
quantity handlers of universal waste, universal waste transporters, universal
waste collection programs, and owners/operators of a universal waste
destination facility shall comply with the requirements noted in this section
in addition to requirements set forth in 40 CFR part 273 incorporated in this
rule. (Comment: This section has been organized such that Missouri additions or
changes to a particular federal subpart are noted in the corresponding
subsection of this section. For example, the requirements to be added to 40 CFR
part 273 subpart A are found in subsection (2)(A) of this rule.)
(A) General. In addition to the requirements
in 40 CFR part 273 subpart A, the following regulations also apply:
1.
(Reserved)
2. Applicability-batteries.
A. The additional state specific requirements
described in this rule do not apply to batteries as described in
40 CFR
273.2;
3. Applicability-pesticides.
A.
40 CFR
273.3(a)(2) is modified as
follows: Stocks of other unused pesticide products that are collected and
managed as part of a universal waste pesticide collection program, as defined
in paragraph (2)(A)9. of this rule.
B. The words "or reclamation" in
40 CFR
273.3(d)(1)(ii) are not
incorporated in this rule;
4.
(Reserved)
5.
(Reserved)
6.
(Reserved)
7.
(Reserved)
8. Applicability-household and conditionally
exempt small quantity generator waste.
A. In
addition to the requirements of
40
CFR 273.8(a)(1) incorporated
in this rule, household hazardous wastes which are of the same type as
universal wastes defined at
40
CFR 273.9 as amended by paragraph (2)(A)9. of
this rule, and which are segregated from the solid waste stream must either be
managed in compliance with this rule or
10 CSR
25-4.261(2)(A) 10.;
9. Definitions.
A.
(Reserved)
B. Universal Waste Pesticide Collection
Program-a Missouri universal waste pesticide collection program is any site
where stocks of unused pesticide products are collected and managed. The
collection program may accept unused pesticide products from both small and
large quantity handlers of universal waste pesticides, universal waste
transporters, and other universal waste pesticide collection programs. The
collection program must operate in compliance with the Department of Natural
Resources' Standard Procedures for Pesticide Collection Programs in Missouri
and submit a Letter of Intent to the director of the Hazardous Waste Program at
least fourteen (14) days prior to accepting unused pesticide products. The
Letter of Intent shall contain all of the following:
(I) The name of the organization/agency
sponsoring the collection program;
(II) Name, telephone number, and address of a
contact person responsible for operating the collection program;
(III) Location of the collection program;
and
(IV) Date and time of the
collection.
(B) Standards for Small Quantity Handlers of
Universal Wastes. In addition to the requirements in 40 CFR part 273 subpart B,
the following regulations also apply except that additional state specific
requirements do not apply to batteries as described in
40 CFR
273.2, as incorporated in this rule:
1. In addition to the requirements of
40
CFR 273.11, a small quantity handler of
universal waste is prohibited from accepting universal waste pesticides from
other universal waste pesticide handlers unless the receiving small quantity
handler operates a universal waste pesticide collection program as defined in
paragraph (2)(A)9. of this rule;
2.
The phrase "or received from another handler" in
40 CFR
273.15(a) in regards to
universal waste pesticides is not incorporated in this rule because in Missouri
small quantity handlers of universal waste pesticides are prohibited from
accepting universal waste pesticides from another handler without a universal
waste pesticide collection program;
3. In
40 CFR
273.18(a), with respect to
universal waste pesticides, remove the phrase "another universal waste handler"
and replace it with " a universal waste pesticide collection
program";
4. Subsections
40 CFR 273.18(d) through
(g) are not incorporated in this rule in
regards to universal waste pesticides. In lieu of these subsections, the
following requirements apply to the originating handler if a shipment of
universal waste pesticides is rejected by the destination facility: The
originating handler must either-
A. Receive
the waste back when notified that the shipment has been rejected; or
B. Send the pesticides to another
Missouri-certified resource recovery facility or to a destination facility
which agrees to take the waste;
5. (Reserved)
6. The substitution of terms in
10 CSR
25-3.260(1)(A) does not apply in
40 CFR
273.20, 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.
(C) Standards for Large Quantity Handlers of
Universal Wastes. In addition to the requirements in 40 CFR part 273 subpart C,
the following regulations also apply:
1. In
addition to the requirements of
40
CFR 273.31, a large quantity handler of
universal waste is prohibited from accepting universal waste pesticides from
other universal waste pesticide handlers unless the receiving large quantity
handler operates a universal waste pesticide collection program as defined in
paragraph (2)(A)9. of this rule;
2.
A large quantity handler of universal waste who manages recalled universal
waste pesticides as described in
40 CFR
273.3(a)(1) as modified by
10 CSR 25-16.273(2)(A) 3. and who has sent notification to EPA as established
by 40 CFR part 165 is not required to notify E PA for those recalled universal
waste pesticides under this section;
3. In addition to the requirements in
40 CFR 273.33, a
large quantity handler of universal waste must manage universal waste
mercury-containing equipment in a way that prevents releases of any universal
waste or components of universal waste to the environment, as follows:
A. Ensure that a mercury clean-up system is
readily available to immediately transfer any mercury-contaminated residue
resulting from breakage, spills, or leaks into a container that meets the
requirements of
40 CFR
262.34; and
B. Ensure that the area in which containers
are stored is ventilated;
4. In addition to the requirements in
40 CFR 273.33, a
large quantity handler of universal waste must manage universal waste lamps in
a way that prevents releases of any universal waste or components of universal
waste to the environment, as follows:
A.
Ensure that a mercury clean-up system is readily available to immediately
transfer any mercury-contaminated residue resulting from breakage, spills, or
leaks into a container that meets the requirements of
40 CFR
262.34;
B. Ensure that the area in which containers
are stored is ventilated; and
C.
Ensure that employees handling universal waste lamps are thoroughly familiar
with proper waste mercury handling and emergency procedures, including transfer
of spillage or released material into appropriate
containers;
5. In
40 CFR 273.35(a) and
(b), the phrase "or received from another
handler" is not incorporated in this rule in regards to universal waste
pesticides because in Missouri large quantity handlers of universal waste
pesticides are prohibited from accepting universal waste pesticides from
another handler without a universal waste pesticide collection
program;
6. In
40 CFR 273.35(c)(1)
through (c)(6), the phrases "or is received"
and "or was received" are not incorporated in this rule in regards to universal
waste pesticides because in Missouri large quantity handlers of universal waste
pesticides are prohibited from accepting universal waste pesticides from
another handler without a universal waste pesticide collection
program;
7. In
40 CFR
273.38(a), with respect to
pesticide, remove the phrase "another universal waste handler" and replace it
with " a universal waste pesticide collection program";
8.
40 CFR 273.38(d) through
(f) are not incorporated in this rule with
regards to universal waste pesticides. In lieu of these subsections, the
following requirements apply to the originating handler if a shipment of
universal waste pesticides from a large quantity generator is rejected by the
destination facility, the originating handler must either-
A. Receive waste back when notified that the
shipment has been rejected; or
B.
Send the waste to another destination facility which agrees to take the
waste;
9.
(Reserved);
10.
40 CFR
273.39(c)(1) is not
incorporated in this rule in regards to universal waste pesticides because in
Missouri large quantity handlers of universal waste pesticides are prohibited
from receiving shipments of universal waste pesticides from another handler
without a universal waste pesticide collection program;
11. The substitution of terms in
10 CSR
25-3.260(1)(A) does not apply in
40 CFR
273.40, as incorporated in this rule. The
state may not assume authority from the E PA 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.
(D) Standards
for Universal Waste Transporters.
1. In
addition to the requirements set forth in 40 CFR part 273, subpart D, universal
waste transporters shall-
A. Comply with all
provisions of 10 CSR 25-6.263 if hazardous
waste, as defined at 10 CSR 25-4.261 and not managed
under the provisions of this rule, is transported in the state of
Missouri;
B. Comply with the
provisions of 10 CSR
25-6.263(2)(C) following a discharge
of universal waste.
2. In
addition to the prohibitions in
40
CFR 273.51(a) and (b), a
transporter of universal waste pesticides is prohibited from delivering this
waste to another universal waste handler except by delivery back to the
original handler upon rejection of shipment by the destination
facility.
3. In
40
CFR 273.51(a) add the phrase
"into the environment" after the phrase "prohibited from disposing of universal
waste."
(E) Standards for
Destination Facilities. In addition to the requirements in 40 CFR part 273
subpart E, the following regulations also apply:
1. A universal waste destination facility
that is also a permitted or interim status hazardous waste storage, treatment,
or disposal facility must manage all universal wastes in an area which is
separate from the permitted area or the waste loses its identity as universal
waste and must be managed in compliance with the facility's permit or interim
status.
2. A universal waste
destination facility may be a Missouri-certified resource recovery facility if
operating in compliance with the requirements for the universal waste in
question and the standards of an R2 resource recovery facility as described in
10 CSR
25-9.020(3)(A) 3.
(F) (Reserved)
(G) In addition to the requirements in 40 CFR
273 subpart G, any person seeking to add a hazardous waste or a category of
hazardous waste to this rule shall comply with those provisions of section
536.041,
RSMo, that describe a petition process to adopt, amend, or repeal any
rule.
Notes
*Original authority: 260,370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.