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.
(B) Criteria for Identifying the
Characteristics of Hazardous Waste and for Listing Hazardous Wastes.
(Reserved)
(C)
Characteristics of Hazardous Waste. (Reserved)
(D) Lists of Hazardous Wastes. The following
are additions or changes to the lists in 40 CFR part
261 subpart D,
incorporated in this rule:
1.
40 CFR
261.38 is not incorporated in this
rule.
(E)
Exclusions/Exemptions.
1. The substitution of
the
director of the
Department of Natural Resources for the regional
administrator discussed in
10 CSR
25-3.260(1)A.1. does not apply to the
requirement for notification of the export of used CRTs established in
40
CFR
261.41.
Notes
10 CSR 25-4.261
AUTHORITY: section
260.370, RSMo Supp. 2010.*
Original rule filed Dec. 16, 1985, effective 10/1/1986. Amended: Filed Feb. 3, 1987,
effective 8/1/1987. Amended:
Filed Dec. 1, 1987, effective 8/12/1988. Amended: Filed Feb. 16, 1990,
effective 12/31/1990. Amended:
Filed Jan. 15, 1991, effective 10/1/1991. Amended: Filed Feb. 14, 1992,
effective 12/3/1992. Amended:
Filed Aug. 14, 1992, effective 5/6/1993. Amended: Filed Jan. 5, 1993, effective
8/9/1993. Amended: Filed June 3,
1993, effective 1/31/1994.
Amended: Filed Jan. 5, 1994, effective 8/28/1994. Amended: Filed Aug. 16, 1995,
effective 4/30/1996. Amended:
Filed March 22, 1996, effective 11/30/1996. Amended: Filed June 1, 1998,
effective 1/30/1999. Amended:
Filed Feb. 1, 2001, effective 10/30/2001. Amended: Filed March 31, 2006,
effective 12/30/2006. Amended:
Filed Oct. 15, 2008, effective 6/30/2009. Amended: Filed April 15, 2011,
effective 12/30/2011.
Amended by
Missouri
Register November 2, 2015/Volume 40, Number 21, effective
12/31/2015
Amended by
Missouri
Register February 1, 2019/Volume 44, Number 3, effective
4/1/2019
Pursuant to American Mining Wastes v. the U.S.
EPA, cited as 907 F2d 1179 (D.C. Cir. 1990), the following waste streams
are not incorporated by reference in this rule: K064, K065, K066, K090, and
K091. These waste streams were remanded to the Environmental Protection Agency
(EPA) by the United States Court of Appeals until the E PA provides adequate
justification to the court for the listing of the wastes as hazardous.
Suspension of these wastes from the state rule was effective February 28,
1991.
*Original authority: 260.370, RSMo 1977, amended 1980,
1988, 1993, 1995, 2004, 2010.
