Mo. Code Regs. tit. 10 § 25-7.265
Current through Register Vol. 49, No. 11, June 3, 2024
Section 10 CSR 25-7.265 - Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal FacilitiesPURPOSE: 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; andB. 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. 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 |
(F) Groundwater Monitoring. (Reserved)(G) Closure and Post-Closure. (Reserved)(H) Financial Assurance Requirements. (Reserved)(I) Use and Management of Containers. (Reserved)Amended by Missouri Register November 2, 2015/Volume 40, Number 21, effective 12/31/2015Amended 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.