10 CSR 25-3.260 - Definitions, Modifications to Incorporations and Confidential Business Information
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 260, 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 0, July
31, 2013, are incorporated by reference, except for the changes made at 70 FR
53453, September 8, 2005, subject to the following additions, modifications,
substitutions, or deletions. This rule does not incorporate any subsequent
amendments or additions.
(A) Except where
otherwise noted in sections (2) and (3) of this rule or elsewhere in 10 CSR 25,
any federal agency, administrator, regulation, or statute that is referenced in
40 CFR parts 260-270, 273, and 279, and incorporated by reference in 10 CSR 25,
shall be deleted and in its place add the comparable state department,
director, rule, or statute. Where conflicting rules exist in 10 CSR 25, the
more stringent rules control.
1. "Director" is
substituted for "Administrator" or "Regional Administrator" except where those
terms are defined in
40
CFR 260.10 incorporated in this rule and
where otherwise indicated in 10 CSR 25.
2. "Missouri Department of Natural Resources"
is substituted for "EPA," "U.S. EPA," or "U.S. Environmental Protection Agency"
except where those terms appear in definitions in
40
CFR 260.10 incorporated in this rule and
where otherwise indicated in 10 CSR 25.
3. "Section 260.395.15, RSMo," is substituted
for "Section 3005(e) of RCRA."
4.
"Sections
260.375(9),
260.380.1(9),
260.385(7), and 260.390(7), RSMo," is substituted for "Section 3007 of
RCRA."
5. "Sections
260.410
and
260.425,
RSMo," is substituted for "Section 3008 of RCRA."
18. "Sections
260.350-260.434, RSMo is substituted for "Subtitle C of RCRA Act," or "RCRA,"
except where those terms are defined in
40
CFR 260.10, incorporated in this
rule.
19. "Section 260.380.1(1),
RSMo is substituted for "Section 3010 of RCRA."
20. "Section
260.420,
RSMo" is substituted for "Section 7003 of RCRA."
21. "Waste within the meaning of section
260.360(21),
RSMo," is substituted for "solid waste within the meaning of section 1004(27)
of RCRA." Residual materials specified as wastes under section
260.360(21),
RSMo, means any spent materials, sludges, by-products, commercial chemical
products, or scrap metal that are solid wastes under
40 CFR
261.2, as incorporated in
10 CSR
25-4.261.
22. "Section
260.360(9),
RSMo," is substituted for "Section 1004(5) of
RCRA."
23. "Chapter 610, RSMo,
sections
260.430
and
260.550,
RSMo, 10 CSR 25-3.260(1)(B), and
10 CSR
25-7.270(2)(B) " are substituted for
any reference to the Federal Freedom of Information Act (
5
U.S.C. 552(a) and (b)) , 40
CFR part 2, or Section 3007(b) of RCRA.
24. All quantities of solid waste which are
defined as hazardous waste pursuant to 10 CSR 25-4 are hazardous waste and are
regulated under sections 260.350-260.434, RSMo, and 10 CSR 25. A person shall
manage all hazardous waste which is not subject to requirements in 10 CSR 25 in
accordance with subsection 260.380.3, RSMo. When a person accumulates one
hundred kilograms (100 kg) of nonacute hazardous waste or one kilogram (1 kg)
of acutely hazardous waste or the aggregate of one hundred kilograms (100 kg)
of acute and nonacute hazardous waste, whichever first occurs, that person is
subject to the provisions in 10 CSR 25. This provision is in addition to the
calendar-month generation provisions in
40 CFR
261.5 which are incorporated by reference and
modified in 10 CSR
25-4.261(2)(A).
25. The term variance in 10 CSR 25 means an
action of the commission pursuant to section
260.405,
RSMo. In any case where a federal rule that is incorporated by reference in 10
CSR 25 uses the term variance but the case-by-case decision or action of the
department or commission does not meet the description of a variance pursuant
to section
260.405,
RSMo, the decision or action will be considered an exception or exemption based
on the conditions set forth in the federal regulation incorporated by reference
or the omission from regulation.
(2) This
section sets forth specific modifications to the regulations incorporated in
section (1) of this rule. (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, changes to 40 CFR part 260 subpart A will be located in subsection
(2)(A) of this rule.)
(A) The following are
changes to 40 CFR part 260 subpart A incorporated in this rule:
1. Confidential business information and
availability of information.
40 CFR
260.2 is not incorporated in this rule. In
lieu of those provisions, the following applies to confidential business
information and the availability of information:
A. Any information provided to the department
under 10 CSR 25 will be made available to the extent and in the manner
authorized by Chapter 610, RSMo, sections
260.430
and
260.550,
RSMo, subsection (1)(B) and
10 CSR
25-7.270(2)(B) 2. as applicable;
and
B. Any person who submits
information to the department in accordance with 10 CSR 25 may assert a claim
of business confidentiality covering a part or all of that information by
including a letter with the information which requests protection of specific
information from disclosure. Information covered by this claim will be
disclosed by the department to the extent and by means of the procedures set
forth in Chapter 610, RSMo. However, if no claim accompanies the information
when it is received by the department, the information may be made available to
the public without further notice to the person submitting it. The department
will respond to requests for protection of business information within twenty
(20) business days.
(3) Missouri Specific Definitions.
Definitions of terms used in 10 CSR 25. This section sets forth definitions
which modify or add to those definitions in 40 CFR parts 60, 260-270, 273, and
279 and 49 CFR parts 40, 171-180, 383, 387, and 390-397.
(A) Definitions beginning with the letter A.
1. Abandoned or uncontrolled means any
property where hazardous waste has been disposed of illegally or where
hazardous waste was disposed of prior to regulation under sections 260.350-
260.434, RSMo.
2. Attenuation means
any physical, chemical, or biological reaction, or a combination of both,
transformation occurring in the zone of aeration or zone of saturation that
brings about a temporary or permanent decrease in the maximum concentration or
total quantity of an applied chemical or biological constituent in a fixed time
or distance traveled.
(B)
Definitions beginning with the letter B. (Reserved)
(C) Definitions beginning with the letter C.
1. CFR means the Code of Federal
Regulations.
2. CSR means the
Missouri Code of State Regulations.
3. Commission means the Hazardous Waste
Management Commission of Missouri created by section
260.365,
RSMo.
(D) Definitions
beginning with the letter D.
1. Department
means the Missouri Department of Natural Resources.
2. Director means the director of the
Missouri Department of Natural Resources.
3. DOT means the United States Department of
Transportation.
(E)
Definitions beginning with the letter E. (Reserved)
(F) Definitions beginning with the letter F.
1. Farmer means a person primarily engaged in
the production of crops or livestock for agricultural purposes, or both.
(G) Definitions
beginning with the letter G.
1. Generation
means the act or process of producing hazardous waste.
(H) Definitions beginning with the letter H.
1. Hazardous waste means any waste or
combination of wastes as defined by or listed in 10 CSR 25-4, which, because of
its quantity, concentration, or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase in
mortality or an increase in serious irreversible or incapacitating reversible
illness or which may pose a threat to the health of humans or other living
organisms.
2. Hazardous waste
transporter means any person or company conducting activities in Missouri which
require a hazardous waste transporter license pursuant to
10 CSR
25-6.263. These activities may include, but are not
limited to, transportation of hazardous wastes, used oil, and infectious wastes
by highway, railway, or waterway.
3. Household hazardous waste means any
household waste excluded from regulation as hazardous waste by
40
CFR 261.4(b)(1) but
otherwise meets the definition of hazardous waste in paragraph (2)(H)3. of this
rule.
(I) Definitions
beginning with the letter I.
1. Identification
number means the unique code assigned to each hazardous waste, each hazardous
waste generator, transporter, or facility facility pursuant to these
rules.
2. Attenuation means any
physical, chemical, or biological reaction, or a combination of both,
transformation occurring in the zone of aeration or zone of saturation that
brings about a temporary or permanent decrease in the maximum concentration or
total quantity of an applied chemical or biological constituent in a fixed time
or distance traveled.
(J)
Definitions beginning with the letter J. (Reserved)
(K) Definitions beginning with the letter K.
(Reserved)
(L)
Definitions beginning with the letter L. (Reserved)
(M) Definitions beginning with the letter M.
1. Missouri hazardous waste mileage means the
total fleet miles that materials requiring a hazardous waste transporter
license are transported in Missouri over a period specified by rule.
Additionally, all miles traveled transporting containers with residues of these
materials, as defined at
49 CFR
171.8, will be included in the Missouri
hazardous waste mileage.
2. Motor
vehicle means a vehicle, machine, tractor, trailer, or semitrailer, or any
combination of them, propelled or drawn by mechanical power and used upon the
highways in transportation. It does not include a vehicle, locomotive, or car
operated exclusively on a rail(s).
(N) Definitions beginning with the letter N.
(Reserved)
(O)
Definitions beginning with the letter O. (Reserved)
(P) Definitions beginning with the letter P.
1. Professional engineer or registered
engineer means a professional engineer licensed to practice by the Missouri
Board of Architects, Professional Engineers and Land Surveyors.
2. Power unit for the purpose of this
regulation is a truck with at least two (2) axles, regardless of licensed
vehicle weight or configuration.
(Q) Definitions beginning with the letter Q.
(Reserved)
(R)
Definitions beginning with the letter R.
2. Registry means the
Missouri Registry of Confirmed Abandoned or Uncontrolled Hazardous Waste
Disposal Sites.
3. Remedial action
means any action at a hazardous waste site to protect the public health and
environment. These actions may include, but are not limited to: storage;
confinement; perimeter protection using dikes, trenches, or ditches; clay
cover; neutralization; cleanup of hazardous waste, hazardous substances, or
contaminated materials; recycling or reuse; diversion; destruction; segregation
of reactive materials; repair or replacement of leaking containers; collection
of leachate and runoff; on-site treatment or incineration; provision of
alternative water supplies; any monitoring reasonably needed to assure that
these actions protect the public health and environment; or any combination of
these actions.
4. Remedial action
plan means the specific procedures to be followed in implementation of any
remedial action and all necessary, related procedures including, but not
limited to, safety, analysis, sampling, handling, packaging, storing, removing,
transporting, labeling, registering, and site security. A remedial action plan
has a defined endpoint, agreed to in advance, which will complete the plan.
Additional remedial actions may be necessary after completion of a remedial
action plan dependent upon results of sample analysis or development of new
information.
5. Responsible party
means any person(s) liable for costs of removal actions or remedial action or
other response costs or damages pursuant to Section 107 of the federal
Comprehensive Environmental Response, Compensation and Liability Act of 1980,
42 U.S.C. 9607-9657 as amended by P.L. 99-499 Superfund Amendments, and
Reauthorization Act of 1986, or any current owners or other person willing to
assume responsibility.
(S) Definitions beginning with the letter S.
1. Site, for purposes of 10 CSR 25-10, means
the smallest geographic boundary which contains known chemical contamination. A
buffer zone may be included within the area.
2. Substantial change means any change in use
of a site which may result in a spread of contamination over additional
portions of a site or off-site, an increase in human exposure to hazardous
materials, an increase in adverse environmental impacts, or a situation making
potential remedial actions to correct problems at the site more difficult to
undertake or complete.
(T) Definitions beginning with the letter T.
1. Training means formal instruction which
supplements an employee's existing job knowledge and is designed to protect
human health and the environment through increased awareness and improved job
proficiency.
2. Transporter; see
hazardous waste transporter.
(U) Definitions beginning with the letter U.
1. Universal waste means any of the hazardous
wastes that are defined under the universal waste requirements of
10 CSR
25-16.273(2)(A).
2. Used oil.
A. The definition of used oil at
40
CFR 260.10 is amended to include, but not be
limited to, petroleum-derived and synthetic oils which have been spilled into
the environment or used for any of the following:
(I) Lubrication/cutting oil;
(II) Heat transfer;
(III) Hydraulic power; or
(IV) Insulation in dielectric transformers.
3. United
States importer means a United States-based person who is in corporate good
standing with the U.S. state in which they are registered to conduct business
and who will be assuming all generator responsibilities and liabilities
specified in sections 260.350-260.430, RSMo, for wastes which the United States
importer has arranged to be imported from a foreign country.
(V) Definitions beginning with the
letter V.
1. Vehicle, for the purpose of this
regulation, refers to a power unit.
(W) Definitions beginning with the letter W.
1. Waste means any material for which no use
or sale is intended and which will be discarded or any material which has been
or is being discarded. Waste also means certain residual materials which may be
sold for purposes of energy or materials reclamation, reuse, or transformation
into new products which are not wastes.
(X) Definitions beginning with the letter X.
(Reserved)
(Y) Definitions beginning with the letter Y.
(Reserved)
(Z)
Definitions beginning with the letter Z. (Reserved)
Notes
Paragraph (2)(R)7. will become effective December 31, 1993.
*Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010 and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000.
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.