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

PURPOSE: This rule incorporates 40 CFR part 265 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 40 CFR part 265, 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) 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, 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 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 TSD 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, the owner or operator is required to provide department 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, Recordkeeping, and Reporting. In addition to those requirements in 40 CFR part 265 subpart E, all owners or operators shall comply with the reporting requirements in 10 CSR 25-12 regardless of whether the owner or operator is required to register as a generator pursuant to 10 CSR 25-5.262(2)(A)1. (F) Groundwater Monitoring. (Reserved) (G) Closure and Post-Closure. (Reserved) (H) Financial Assurance Requirements. (Reserved) (I) Use and Management of Containers. (Reserved) (J) Tank Systems. (Reserved) (K) Surface Impoundments. (Reserved) (L) Waste Piles. (Reserved) (M) Land Treatment. (Reserved) (N) Landfills. (Reserved) (O) Incinerators. (Reserved) (P) Thermal Treatment. (Reserved) (Q) Chemical, Physical, and Biological Treatment. (Reserved) (R) Underground Injection. 40 CFR part 265 subpart R is not incorporated by reference. (S) (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) (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 Explosives Storage. (Reserved) (FF) Fees for the Electronic Hazardous Waste Manifest Program. (Reserved) (3) Appendixes. (A) Appendix I to Part 265 Recordkeeping Instructions. (Reserved) (B) Appendix II to Part 265. (Reserved) (C) Appendix III to Part 265 EPA Interim Primary Drinking Water Standards. (Reserved) (D) Appendix IV to Part 265 Tests for Significance. (Reserved) (E) Appendix V to Part 265 Examples of Potentially Incompatible Waste. (Reserved) (F) Appendix VI to Part 265 Compounds With Henry’s Law Constant Less Than 0.1 Y/X. (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.