Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

PURPOSE: This rule incorporates and modifies the federal regulations in 40 CFR part 264 by reference and sets forth additional state requirements. 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 40 CFR part 264, 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) 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, but in no circumstance shall the more stringent rule violate the statutory requirements set forth in 260.373, RSMo. (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. 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 section 260.373, RSMo. (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. (Reserved) (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 EPA Region VII Emergency Planning and Response Branch (913) 281-0991; or C. The National Response Center identified in 40 CFR 264.56(d)(2), incorporated in this rule. 2. In lieu of listing the name, address, and office and home phone numbers of each emergency coordinator, the Contingency Plan may list the name and emergency telephone number(s) for each emergency coordinator. In situations where the facility has an emergency coordinator continuously on duty because it operates twenty-four (24) hours per day, every day of the year, the plan may list the staffed position (e.g., operations manager, shift coordinator, shift operations supervisor) as well as an emergency telephone number that can be guaranteed to be answered at all times. (E) Manifest System, Recordkeeping, and Reporting. In addition to those requirements in 40 CFR part 264 subpart E, the owner or operator of a hazardous waste management facility shall submit a report to the department as set forth in (F) Releases From Solid Waste Management Units. (Reserved) (G) Closure and Post-Closure. (Reserved) (H) Financial Assurance Requirements. (Reserved) (I) Containers. (Reserved) (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. Wood-treating facilities will have two (2) years from the effective date of this rule to establish compliance with the requirements of 40 CFR 264 Subpart W. However, a wood-treating facility may submit to the department a request for an extension of up to one (1) year to complete site characterization or remediation of contaminated soils prior to installing a Subpart W compliant drip pad. The request for an extension should demonstrate that the circumstances leading to the need for the extension were unexpected or beyond the facility’s control. (X) Miscellaneous Units. (Reserved) (Y) (Reserved) (Z) (Reserved) (AA) Air Emission Standards for Process Vents. (Reserved) (BB) Air Emission Standards for Equipment 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) (FF) Fees for the Electronic Hazardous Waste Manifest Program. (Reserved) (3) Permitted hazardous waste treatment, storage, or disposal (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 TSD permit. Permitted facilities that currently accept or ship hazardous waste via railcars shall request a Class I permit modification that requires prior department 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)–(F). 2. The railcar management plan shall 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 twentyfour (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 (1) 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 (1) 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. (4) Appendixes. (A) Appendix I to Part 264 Recordkeeping Instructions. (Reserved) (B) Appendixes II-III to Part 264. (Reserved) (C) Appendix IV to Part 264 Cochran’s Approximation to the Behrens-Fisher Students’ t-test. (Reserved) (D) Appendix V to Part 264 Examples of Potentially Incompatible Waste. (Reserved) (E) Appendix VI to Part 264 Political Jurisdictions 1 in Which Compliance With Section 264.18(a) Must Be Demonstrated. (Reserved) (F) Appendixes VII-VIII to Part 264. (Reserved) (G) Appendix IX to Part 264 Ground-Water Monitoring List. (Reserved) AUTHORITY: sections 260.370, 260.390, and 260.395, RSMo 2016.* 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: 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; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015.