Standards Applicable to Generators of Hazardous Waste

PURPOSE: This rule sets forth standards for generators of hazardous waste, incorporates 40 CFR part 262 by reference, and sets forth additional state standards. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that 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, 2023, 40 CFR 302.4 and .5, July 1, 2024, and 40 CFR part 262, July 1, 2024, 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, but in no circumstance shall the more stringent rule violate the statutory requirements set forth in 260.373, RSMo. (2) A generator located in Missouri, except as 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 262.18(a) and (c), a generator located in Missouri shall comply with the following requirements: A. A person generating in one (1) month the quantities of hazardous waste specified in Table 1 of 40 CFR 262.13 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. Very small quantity 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 10 CSR 25-12.010; 2. An owner or operator of a treatment, storage, and disposal facility who ships hazardous waste from the facility shall comply with this rule; 3. Any person required to register shall follow the registration procedure as outlined in 10 CSR 25-12.010. 4. Satellite accumulation. As an alternative to compliance with the accumulation limits in 40 CFR 262.15, generators who instead wish to store up to fifty-five (55) gallons of nonacute hazardous waste stream, or up to one (1) quart of liquid acute hazardous waste, or one (1) kilogram (kg) of solid acute hazardous waste, of each hazardous waste stream in a satellite accumulation area may do so if they comply with the other applicable requirements of 40 CFR 262.15 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 paragraph (2)(A)4. of this rule 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 (2)(A)4.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. During the three- (3-) day period referenced in subparagraph (2)(A)4.C. above, the generator may start a new satellite container for that waste stream if in compliance with all other requirements of paragraph (2)(A)4. and 40 CFR 262.15 as modified by paragraph (2)(A)4. of this rule; and F. For generators that have more than one (1) satellite accumulation area in a single facility, a generator may use the federal option in 40 CFR 262.15 or the option described in 10 CSR 25-5.262(2)(A) 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. (B) Manifest Requirements Applicable to Small and Large Quantity Generators. (Reserved) (C) Pre-Transport Requirements Applicable to Small and Large Quantity Generators. (Reserved) (D) Record Keeping and Reporting Applicable to Small and Large Quantity Generators. 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 pursuant to 10 CSR 25-12.010(3) for no fewer than three (3) years. (E) (Reserved) (F) (Reserved) (G) Farmers. (Reserved) (H) Transboundary Movements of Hazardous Waste for Recovery or Disposal is incorporated with the following modifications: 1. Exports of hazardous waste. This paragraph modifies the incorporation of 40 CFR part 262 subpart H section 262.83. A. 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 acknowledgments of consent to the exporter. In addition, the annual reports and exception reports in 40 CFR 262.83, incorporated in this rule, shall be filed with the EPA administrator with copies provided to the department. B. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 262 subpart H as incorporated in this rule. This modification does not relieve the regulated person of their responsibility to comply with the Resource Conservation and Recovery Act 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); 2. Imports of hazardous waste. In addition to the incorporation of 40 CFR part 262 subpart H section 262.84, the United States importer shall— A. Register with the department as a generator; B. 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 rule; and C. Keep and maintain the following information on each shipment that is imported and make available to the department upon request— (I) If the waste is a mixed bulk shipment of multigenerator wastes, the individual original foreign generator’s names and addresses and the wastes’ technical chemical names from each source; (II) Quantity of waste from each imported source; and (III) List of EPA waste numbers found in 40 CFR 261 that are applicable to the waste(s) from each source. (I) (Reserved) (J) (Reserved) (K) Alternative Requirements for Hazardous Waste Determination and Accumulation of Unwanted Material for Laboratories Owned by Eligible Academic Entities. (Reserved) (L) Alternative Standards for Episodic Generation. In addition to the requirements in 40 CFR 262.232, the requirements for episodic generators established in 10 CSR 25-12.010(1)(C)1.B. also apply. (M) Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators. In addition to the requirements in 40 CFR 262, electronic submittal of contingency plans and maps may be made in lieu of hard copy, upon approval by the local emergency responders. Additionally, for satellite accumulation areas, every single point need not be identified on the required map, as long as the general locations of the satellite accumulation area(s) are highlighted and labeled on the map. Additionally, for satellite accumulation areas, general locations of the satellite accumulation area(s) may be identified on the map in place of every single point of satellite accumulation upon approval by the local emergency responders. AUTHORITY: section 260.370, RSMo 2016, and section 260.380, RSMo Supp. 2024.* This rule was previously filed as 10 CSR 255.010. Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. 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 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: Filed April 15, 2015, effective Dec. 30, 2015. Amended: Filed June 14, 2018, effective March 30, 2019. ** Amended: Filed July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010, and 260.380, RSMo 1977, amended 1980, 1985, 2000, 2004, 2005, 2011, 2013, 2014, 2018, 2023. **Pursuant to Executive Order 21-07, 10 CSR 25-5.262, subparagraph (2)(A)3.A. was suspended from April 8, 2020 through May 25, 2021.