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
264, 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) apply in this rule in
addition to any other modification set forth in section (2) of this rule. Where
conflicting rules exist in 10 CSR 25, the more stringent rules
control.
(2) The owner or operator
of a permitted hazardous waste treatment, storage, or disposal facility shall
comply with this section in addition to the regulations of 40 CFR part
264. In
the case of contradictory or conflicting requirements, the more stringent
requirements control. (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 requirements to be added to 40 CFR part
264 subpart E are found in
subsection (2)(E) of this rule.)
(A) General.
This subsection sets forth requirements which modify or add to those
requirements in 40 CFR part
264 subpart A.
(B) General Facility Standards.
(Reserved)
(C) Preparedness and
Prevention. (Reserved)
(D) Contingency Plan and Emergency
Procedures. This subsection sets forth requirements which modify or add to
those requirements in 40 CFR part
264 subpart D.
1. The government official described in
40 CFR
264.56(d)(2) incorporated in
this rule as the on-scene coordinator shall be contacted and further identified
in the report as one (1) of the following:
A.
The department's Emergency Response Coordinator (573) 634-2436 or (573)
634-CHEM;
B. The E PA Region VII
Emergency Planning and Response Branch (913) 236-3778; or
C. The National Response Center identified in
40 CFR
264.56(d)(2), incorporated
in this rule.
(E) Manifest System, Record Keeping, and
Reporting. This subsection sets forth requirements which modify or add to those
requirements in 40 CFR part
264 subpart E.
1.
The owner or operator of a hazardous waste management facility shall submit a
report to the department as set forth in this paragraph.
A. 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.
B. 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:
(I) All hazardous waste generated on-site
during the reporting period that is managed on-site; and
(II) 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.
C. In addition to the information specified
in
10 CSR
25-5.262(2)(D), an owner or operator
shall include the following information in the summary report:
(I) A description and the quantity of each
hazardous waste that was both generated and managed on-site during the
reporting period;
(II) For each
hazardous waste that was received from off-site, a description and the quantity
of each hazardous waste, the corresponding state, and E PA identification
numbers of each generator;
(III)
For imports, the name and address of the foreign generator;
(IV) The corresponding method of treatment,
storage, disposal, or other approved management method used for each hazardous
waste; and
(V) The quantity and
description of hazardous waste residue generated by the facility.
2. As outlined in
section 260.380.2, RSMo, all owners or operators shall 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 does not apply to 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 shall be 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
reports 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 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.
EXAMPLES OF OUT-OF-STATE WASTE FEE
CALCULATION
Example 1. ABC Company reports receiving 250 tons of
hazardous waste from outside of Missouri:
$2 × 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 × 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 × 52,150 tons = $104,300 fee
|
(F) Releases From Solid Waste Management
Units. (Reserved)
(G) Closure and
Post-Closure. (Reserved)
(H)
Financial Assurance Requirements. (Reserved)
(I) Containers. This subsection sets forth
requirements in addition to 40 CFR part
264 subpart I incorporated in this
rule.
1. Containers storing hazardous waste
must be labeled in accordance with
10 CSR
25-5.262(2)(C) during the entire
storage period.
(J)
Tanks. (Reserved)
(K) Surface
Impoundments. (Reserved)
(L) Waste
Piles. (Reserved)
(M) Land
Treatment. (Reserved)
(N) Landfills. (Reserved)
(O) Incinerators. (Reserved)
(P) (Reserved).
(Q)
(Reserved)
(R)
(Reserved)
(S) Corrective Action for Solid Waste
Management Units. (Reserved)
(T)
(Reserved)
(U)
(Reserved)
(V)
(Reserved)
(W) Drip Pads. 40 CFR part
264 subpart W is
not incorporated by reference.
(X)
Miscellaneous Units. (Reserved)
(Y)
(Reserved)
(Z)
(Reserved)
(AA)
Air Emission Standards for Process Vents. (Reserved)
(BB) Air Emis sion Stand ards for Equip -ment
Leaks. (Reserved)
(CC) Air Emission Standards for Tanks,
Surface Impoundments, and Containers. (Reserved)
(DD) Containment Buildings.
(Reserved)
(EE)
Hazardous Waste Munitions and Explosive Storage. (Reserved)
(3) Permitted hazardous
waste TSD facilities that accept and/or ship hazardous waste via railroad tank
car (railcar) shall comply with the requirements for container storage in 40
CFR part
264 subpart I, as incorporated by reference in 10 CSR
25-7.264(1), or
the following requirements for railcar management.
(A) The owner or operator shall submit a
railcar management plan with the application for a hazardous waste treatment,
storage, or disposal facility permit. Permitted facilities that currently
accept and/or ship hazardous waste via railcars shall request a Class I permit
modification that requires prior director approval for the railcar management
plan according to the procedures defined in
40 CFR
270.42 as incorporated in
10 CSR
25-7.270(1).
1. The railcar management plan shall describe
steps to be taken by the facility in order to comply with the requirements of
subsections (3)(B)-(3)(F).
2. The
railcar management plan will be maintained at the facility.
(B) Railcars shall not be used as container
or tank storage units at a facility unless the owner or operator complies with
the standards for container storage set forth in 40 CFR part
264 subpart I as
incorporated in this rule and
40 CFR
270.15 as incorporated in
10 CSR
25-7.270. During the time allowed for loading and
unloading as set forth in this section, the railcar is not considered to be in
storage.
1. The owner or operator shall ship
hazardous wastes loaded onto a railcar within seventy-two (72) hours after
loading is initiated. For the purposes of this section, shipment occurs when-
A. The transporter signs and dates the
manifest acknowledging acceptance of the hazardous waste;
B. The transporter returns a signed copy of
the manifest to the facility; and
C. The railcar crosses the property boundary
line of the TSD facility.
2. The owner or operator shall have a maximum
of ten (10) days following receipt of a shipment to unload hazardous waste from
incoming railcars. The amount of time allowed for unloading shall be specified
in the approved railcar management plan for each facility as part of the
permit. The department will review and approve each railcar management plan on
a case-by-case basis and will base its decision regarding the time allowed for
unloading on factors including, but not limited to, the size of the rail
siding, surveillance and security standards, enclosure of the facility, type,
and amount of emergency response equipment, and the facility's capacity to
handle incidents. Unless more time is allowed by an approved railcar management
plan, the owner or operator shall unload hazardous waste from an incoming
railcar within seventy-two (72) hours of receipt of the shipment. For the
purposes of this section, receipt of the shipment occurs when-
A. The owner or operator signs the shipping
paper; or
B. The owner or operator
signs the manifest; or
C. The
railcar crosses the property boundary line of the TSD facility.
3. The time limits in this
subsection may be extended for up to an additional twenty-four (24) hours for
Saturdays, Sundays, or public holidays as defined in section
9.010, RSMo, that
fall within the time period approved in the railcar management plan.
4. If the owner or operator finds that a
railcar shipment must be rejected, the railcar shall be shipped within
twenty-four (24) hours of that determination, or within the time period
approved in the railcar management plan, whichever is later. The rejection and
the reasons for the rejection shall be documented in the facility's operating
record.
5. The owner or operator
shall attempt to arrange for the rail carrier to provide the owner or operator
a notification detailing when a railcar was picked up from the facility or when
a railcar was delivered to the facility. If the rail carrier declines to enter
into such arrangements, the owner or operator must document the refusal in the
operating record. The time limitations set forth in this subsection must be
documented by recording dates and times in the facility's operating record.
6. If the loading and unloading
time frames specified in this section are exceeded, then the owner or operator
utilizing railcars shall comply with the standards for container storage in 40
CFR part
264 subpart I, as incorporated in this rule, and with
40 CFR
270.15, as incorporated in
10 CSR
25-7.270.
(C) The owner or operator shall comply with
40
CFR
264.17, incorporated in this rule, during
railcar loading and unloading. Additional specific precautions to be taken
shall include facility design, construction, operation and maintenance
standards as specified in "Loading and Unloading Operations: Tank Vehicles and
Tank Cars" in section 5-4.4.1 of the 1993 Edition of the National Fire
Protection Association Flammable and Combustible Liquids Code (NFPA
30).
(D) The owner or operator
shall provide security for railcars at the facility by utilizing one of the
alternatives specified in
40 CFR
264.14(b), as incorporated
in this rule. If the owner or operator demonstrates that it is not practical to
provide security for railcars at the facility as specified in
40 CFR
264.14(b), incorporated in
this rule, railcars shall be secured by locking all fill and drain posts upon
receipt of a loaded railcar or upon completion of the owner or operator's
loading procedures. The locks must remain in place until the owner or operator
begins unloading procedures or until the rail carrier picks up the loaded or
rejected railcar for transport off-site.
(E) In accordance with
40 CFR
264.15, incorporated in this rule, the owner
or operator shall inspect railcars and surrounding areas, at least daily,
looking for leaks and for deterioration caused by corrosion or other
factors.
(F) In accordance with 40
CFR part
264 subpart C and 40 CFR part
264 subpart D, as incorporated in this
rule, the owner or operator shall develop preparedness and prevention
procedures and a contingency plan for railcars. If the owner or operator has
not prepared a Spill Prevention Control and Countermeasures (SPCC) Plan for
hazardous waste, then one must be developed that parallels requirements and
guidelines as specified in 40 CFR part
112 for oil. At a minimum, the SPCC Plan
must include adequate spill response equipment and preventative measures, such
as dikes, curbing, and containment systems.
Notes
10 CSR
25-7.264
AUTHORITY: section
260.370,
RSMo Supp. 2010 and sections
260.390
and
260.395,
RSMo 2000.* Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended:
Filed Aug. 14, 1986, effective Jan. 1, 1987. Amended: Filed Feb. 3, 1987,
effective Aug. 1 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988.
Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended: Filed Jan. 15,
1991, effective Aug. 1, 1991. Amended: Filed Feb. 14, 1992, effective Dec. 3,
1992. Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993. Amended: Filed June
3, 1993, effective Jan. 31, 1994. Amended: Filed Jan. 5, 1994, effective Aug.
28, 1994. Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended:
Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001,
effective Oct. 30, 2001. Amended: Filed March 31, 2006, effective Dec. 30,
2006. Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed
April 15, 2011, effective Dec. 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
*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 1977, amended 1980, 1983, 1985, 1988,
2000.