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
265, 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) shall apply 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 shall
control.
(2) The owner or
operator
of a treatment, storage, or disposal (TSD) facility shall comply with the
requirements noted in this section in addition to requirements set forth in 40
CFR part
265 incorporated in 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, the additional requirements to be added to 40 CFR
part
265 subpart A are found in subsection (2)(A) of this rule.)
(A) General. In addition to the requirements
in 40 CFR part
265 subpart A, the following regulations also apply:
1. State interim status is authorization to
operate a hazardous waste treatment, storage, or disposal facility pursuant to
section 260.395.15, RSMo,
10 CSR
25-7.265, and
10 CSR
25-7.270 until the final administrative disposition of
the
permit application is made or until interim status is terminated pursuant
to
10 CSR
25-7.270. The owner or
operator of a facility or unit
operating under state interim status shall comply with the requirements of this
rule and
10
CSR 25-7.270. In addition to providing notification to
the Environmental Protection Agency (EPA), the owner or
operator is required to
provide state notification in accordance with
10 CSR
25-7.270.
(B) General Facility Standards.
(Reserved)
(C) Preparedness and
Prevention. (Reserved)
(D) Contingency Plan and Emergency
Procedures. (Reserved)
(E) Manifest System, Record Keeping, and
Reporting. This subsection sets forth standards which modify or add to those
requirements in 40 CFR part
265 subpart E.
1.
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.
2. 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:
A. All hazardous waste generated on-site
during the reporting period that is managed on-site; and
B. 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.
3. In
addition to the information required in
10 CSR
25-5.262(2)(D), an owner or
operator
shall include the following information in the summary report:
A. A description and the quantity of each
hazardous waste that was both generated and managed on-site during the
reporting period;
B. For each
hazardous waste that is received from off-site, a description and the quantity
of each hazardous waste and the corresponding state and E PA identification
numbers of each generator;
C. For
imports, the name and address of the foreign generator;
D. The corresponding method of treatment,
storage, disposal, or other approved management method used for each hazardous
waste.
4. As outlined in
section 260.380.2, RSMo, all owners or operators 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 is not paid on 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 is 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 reporting 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 or annual 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.
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EXAMPLES OF OUT-OF-STATE WASTE FEE
CALCULATION
Example 1. ABC Company reports receiving 250 tons of
hazardous waste from outside of Missouri:
$2 x 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 x 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 x 52,150 tons - $104,300 fee
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(F) Groundwater Monitoring.
(Reserved)
(G)
Closure and Post-Closure. (Reserved)
(H) Financial Assurance Requirements.
(Reserved)
(I) Use and Management
of Containers. (Reserved)
Notes
10 CSR 25-7.265
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
*Original authority: 260.370, RSMo 1977, amended 1980,
1988, 1993, 1995, 2004, 2010; 260.390, RSMo 1977, amended 1980, 1983, 1985,
1993; and 260.395, RSMo 1973, amended 1980, 1983, 1985, 1988,
2000.
