10 CSR 25-5.262 - Standards Applicable to Generators of Hazardous Waste
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 49 CFR part
172, October 1, 2013, 40 CFR
302.4 and .5, July 1, 2013, and 40 CFR part
262, July 1, 2013, except subpart H, 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) A generator located in
Missouri, except as conditionally exempted in accordance with
10 CSR
25-4.261, shall comply with the requirements of this
section in addition to the requirements incorporated in section (1). (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.)
(A) General. The following registration
requirements are additional requirements to, or modifications of, the
requirements specified in 40 CFR part 262 subpart A:
1. In lieu of
40 CFR
262.12(a) and (c), a
generator located in Missouri comply with the following requirements:
A. A person generating in one (1) month or
accumulating at any one (1) time the quantities of hazardous waste specified in
10 CSR
25-4.261 and a transporter who is subject to
registration as a generator under
10 CSR
25-6.263 shall register and is subject to applicable
rules under 10 CSR 25-3.260-10 CSR
25-9.020 and
10 CSR
25-12.010; and
B. Conditionally exempt generators may choose
to register and obtain Environmental Protection Agency (EPA) and Missouri
identification numbers, but in doing so will be subject to any initial
registration fee and annual renewal fee outlined in this chapter;
2. An owner or operator of a
treatment, storage, disposal facility who ships hazardous waste from the
facility shall comply with this rule;
3. The following constitutes the procedure
for registering:
A. A person subject to
registration shall file a completed registration form furnished by the
department. The department requires an original ink signature on all
registration forms before processing. In the event the department develops the
ability to accept electronic submission of the registration form, the signature
requirement will be consistent with the legally-accepted standards in Missouri
for an electronic signature on documents. All generators located in Missouri
shall use only the Missouri version of the registration form;
B. A person subject to registration shall
also complete and file an updated generator registration form if the
information filed with the department changes;
C. The department may request additional
information, including information concerning the nature and hazards associated
with a particular waste or any information or reports concerning the quantities
and disposition of any hazardous wastes as necessary to authorize storage,
treatment, or disposal and to ensure proper hazardous waste
management;
D. A person subject to
generator registration, and those conditionally-exempt generators who choose to
register, shall pay a one hundred dollar ($100) initial or reactivation
registration fee at the time their registration form is filed with the
department. If a generator site has an inactive registration, and a generator
subject to registration reactivates that registration, the generator shall file
a registration form and pay the one hundred dollar ($100) registration
reactivation fee. The department will not process any form for an initial
registration or reactivation of a registration if the one hundred dollar ($100)
fee is not included. Generators subject to registration shall thereafter pay an
annual renewal fee of one hundred dollars ($100) in order to maintain their
registration in good standing; and
E. The department will immediately revoke the
registration of any person who pays the registration fee with what is found to
be an insufficient check;
4. The following constitutes the procedure
for registration renewal:
A. The calendar year
constitutes the annual registration period;
B. Annual registration renewal billings will
be sent by December 1 of each year to all generators holding an active
registration;
C. Any generator
initially registering between October 1 and December 31 of any given year shall
pay the initial registration fee, but does not pay the annual renewal fee for
the calendar year immediately following their initial registration. From that
year forward, the generator shall pay the annual renewal fee;
D. The department will administratively
inactivate the registration of any generator subject to registration who fails
to pay the annual renewal fee by the due date specified on the billing, and the
generator will be subject to enforcement action for failure to properly
maintain their registration;
E.
Generators administratively inactivated for failure to pay the renewal fee in a
timely manner, who later in the same registration year pay the annual renewal
fee, shall pay the fifteen percent (15%) late fee section 260.380.4, RSMo, in
addition to the one hundred dollar ($100) annual renewal fee for each
applicable registration year and shall file an updated generator registration
form with the department before their registration is reactivated by the
department;
F. Generators who
request that their registration be made inactive rather than pay the renewal
fee, who later in that same renewal year pay the annual renewal fee to
reactivate their registration, shall pay the fifteen percent (15%) late fee in
section 260.380.4, RSMo, in addition to the one hundred dollar ($100) annual
renewal fee and file an updated generator registration form with the department
before their registration is reactivated by the department; and
G. The department will immediately revoke the
registration of any person who pays the annual renewal fee with what is found
to be an insufficient check ; and
5. The department may administratively
inactivate the registration of generators that fail to pay any applicable
hazardous waste fees and taxes in a timely manner after appropriate notice to
do so.
(B)
(Reserved)
(C)
Pretransport, Containerization, and Labeling Requirements.
1. Satellite accumulation. As an alternative
to compliance with the accumulation limits in
40 CFR
262.34(c)(1), generators who
instead wish to store up to fifty-five (55) gallons of each non-acute hazardous
waste stream, or up to one (1) quart of each acutely hazardous waste stream in
a satellite accumulation area may do so if they comply with the other
applicable requirements of 40 CFR 262.34(c)
and the following additional requirements:
A.
Each container must be marked with its beginning date of satellite
storage;
B. The generator may not
use more than one (1) container per waste stream;
C. A container of hazardous waste stored in a
satellite accumulation area pursuant to this paragraph 3. shall be removed from
the satellite accumulation area within three (3) calendar days if any of the
following occurs:
(I) One (1) year has passed
since the accumulation start date;
(II) The container is full; or
(III) The container has reached its volume
limit;
D. A container of
hazardous waste removed from the satellite accumulation area pursuant to
subparagraph C. above must be taken to the generator storage area, shipped
off-site for proper hazardous waste management, or managed in accordance with
an approved hazardous waste permit or certification at the site;
E. In lieu of
40 CFR
262.34(c)(2), during the
three (3) day period referenced in subparagraph D. above, the generator may
start a new satellite container for that waste stream if in compliance with all
other requirements of paragraph 3. and
40 CFR
262.34(c)(1) as modified by
this paragraph 3; and
F. For
generators that have more than one satellite accumulation area in a single
facility, a generator may use the federal option in
40 CFR
262.34(2)(C) 1 . or the
option described in 10 CSR
25-5.262(2)(C) 3. for any satellite
accumulation area; however, in no case shall a generator employ both methods in
the same satellite accumulation area at the same time.
2.
40 CFR
262.34(a)(1)(iii) is not
incorporated in this rule.
(D) Record Keeping and Reporting. In addition
to requirements in 40 CFR
262.40, generators shall retain registration
information in subsection (2)(A) of this rule and the Generator's Hazardous
Waste Summary Report in paragraph (2)(D)1. of this rule for no fewer than three
(3) years.
1. This paragraph establishes
requirements for quarterly Generator's Hazardous Waste Summary Reports.
A. All generators subject to registration in
accordance with subsection (2)(A) of this rule shall complete a Generator's
Hazardous Waste Summary Report that is completed on a form provided by the
department or on a reproduction of the form provided by the department or in
the same format as the form provided by the department after review and
approval by the department.
B. A
person who does not ship any hazardous wastes or who makes only one (1)
shipment of hazardous waste during the entire reporting year, July 1 through
June 30, or is defined as a small quantity generator for the entire reporting
year, or is defined as a large quantity generator and filing their report
electronically in a manner prescribed by the department, may file an annual
report by August 14 following the reporting year period. However, a person who
is defined as a large quantity generator and has more than one (1) shipment of
hazardous waste during the reporting years, and does not file their report
using the electronic method prescribed by the department, shall file
quarterly.
C. A generator who is
registered with the department shall report the quantity, type, and status of
all hazardous waste(s) shipped off-site during the reporting period on the
Generator's Hazardous Waste Summary Report regardless of the destination of the
shipment(s).
D. The Generator's
Hazardous Waste Summary Report shall be signed and certified by an authorized
representative as defined in 40 CFR 260.10 incorporated by
reference in 10 CSR 25-3. The certification statement shall read as follows:
"CERTIFICATION: I certify under penalty of law that I personally examined and
am familiar with the information submitted on this form and all attached
documents and, based on my inquiry of those individuals immediately responsible
for obtaining the information, I believe that the submitted information is
true, accurate, and complete. I am aware that there are significant penalties
for submitting false information, including the possibility of fine and
imprisonment." The handwritten signature of the authorized representatives
shall follow this certification.
E.
The generator shall submit the completed Generator's Hazardous Waste Summary
Report within forty-five (45) days after the end of each reporting period. The
reporting periods and submittal dates are as follows: January 1 through March
31, with a submittal date of May 14 of the same year; April 1 through June 30,
with a submittal date of August 14 of the same year; July 1 through September
30, with a submittal date of November 14 of the same year; and October 1
through December 31, with a submittal date of February 14 of the following
year.
F. A generator shall submit
the information in 40 CFR
261.4(e)(2)(v)(C)
incorporated by reference in
10 CSR
25-4.261(1) to the department along
with the completed Generator's Hazardous Waste Summary Report.
G. The department will administratively
inactivate the registration of any generator that fails to file the Generator's
Hazardous Waste Summary Report. The generator's registration will be
reactivated after all reporting is filed, applicable fees are paid, and an
updated generator registration form is submitted to the
department.
2. Reporting
requirements for small quantity generators.
40 CFR
262.44 is not incorporated in this
rule.
(E) Exports of
Hazardous Waste. This subsection modifies the incorporation of 40 CFR part 262
subpart E. The state cannot assume authority from the EPA to receive
notifications of intent to export or to transmit this information to other
countries through the Department of State or to transmit acknowledgements of
consent to the exporter. In addition, the annual reports and exception reports
in 40 CFR 262 .55 and 262.56, incorporated in this rule, shall be filed with
the EPA administrator with copies provided to the department. The substitution
of terms in 10 CSR
25-3.260(1)(A) does not apply in 40
CFR 262.51, 262.52, 262.53, 262.54, 262.55, 262.56, and 262.57, as incorporated
in this rule. This modification does not relieve the regulated person of
his/her responsibility to comply with the Resource Conservation and Recovery
Act (RCRA) or other pertinent export control laws and regulations issued by
other agencies (for example, the federal Department of Transportation and the
Bureau of the Census of the Department of Commerce).
(F) Imports of Hazardous Waste. The United
States importer shall also comply with the following requirements:
1. In addition to registration requirements
specified in this section, the United States importer shall register as
generator in accordance with this section and has responsibility for compliance
with all applicable requirements specified in this section. The United States
importer shall register with the department as a generator, and four (4) weeks
in advance of the date the waste is expected to enter the United States,
specifically identify hazardous waste(s) intended to be imported by their EPA
waste number(s) found in 40 CFR 261 and this section; and
2. The United States importer shall keep and
maintain the following information on each shipment which is imported and make
available upon departmental request:
A. If
the waste is a mixed bulk shipment of multi-generator wastes, the individual
original foreign generator's names and addresses and the wastes' technical
chemical names from each source;
B.
Quantity of waste from each imported source; and
C. List of EPA waste numbers found in 40 CFR
261 and this section which are applicable to the waste(s) from each
source.
(G)
Farmers. (Reserved)
(H) 40 CFR 262, subpart H, Transfrontier
shipments of hazardous waste for recovery within the OECD, is not incorporated
in this rule.
(I)
(Reserved)
(J)
Generator Fee and Taxes. A generator who is subject to registration under this
rule, unless otherwise exempted, shall pay fees and taxes in accordance with
10 CSR
25-12.010. The department will administratively
inactivate the registration of any generator who fails to pay the fees, taxes,
or applicable late fees outlined in
10 CSR
25-12.010 by the due date. The department will
reactivate the generator's registration after all applicable fees, taxes, and
late fees are paid and an updated generator registration form is submitted to
the department.
Notes
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