Missouri Administered Permit Programs: The Hazardous Waste Permit Program

PURPOSE: This rule incorporates the federal regulations in 40 CFR part 270 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 270, July 1, 2024, except for the changes made at 70 FR 53453, September 8, 2005, 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 rules control, but in no circumstance shall the more stringent rule violate the statutory requirements set forth in 260.373, RSMo. (A) Any federal agency, administrator, regulation, or statute that is referenced in 40 CFR part 270 is deleted and the comparable state department, director, rule, or statute as provided in 10 CSR 25-3.260(1)(A) is added in its place except as specified in this rule. The additional substitutions or changes noted in this subsection also apply. (2) The owner or operator of a permitted hazardous waste treatment, storage, or disposal (TSD) facility shall comply with the requirements noted in this rule along with 40 CFR part 270, incorporated in this rule. (A) General Information. This subsection sets forth requirements that modify or add to those requirements in 40 CFR part 270 subpart A. 1. In 40 CFR 270.3 “Considerations Under Federal Law,” do not substitute any comparable Missouri statute or administrative rule for the federal acts and regulations. This does not relieve the owner or operator of their responsibility to comply with any applicable and comparable state law or rule in addition to complying with the federal acts and regulations. (B) Permit Application. This subsection sets forth requirements that modify or add to those requirements in 40 CFR part 270 subpart B. 1. When a facility is owned by one (1) person but is operated by another person, both the owner and operator shall sign the permit application, and the permit shall be issued to both. 2. Existing hazardous waste management facilities must submit a Part A permit application to the department no later than sixty (60) days after the effective date of state rules, which first require them to comply with the requirements set forth in 10 CSR 25-7.265 or 10 CSR 25-7.266. A facility that did not meet federal notification and Part A submittal requirements under the Hazardous and Solid Waste Amendments (HSWA) does not qualify for state interim status. State interim status is granted to those facilities that either meet federal interim status requirements, are required to meet state interim status requirements because no federal interim status requirements affect the filing, or become subject to regulations under state rules that are not promulgated to meet the requirements of 40 CFR part 271. 3. Claims for confidentiality under 40 CFR 270.12, incorporated in this rule, shall be requested and reviewed according to section 260.430, RSMo. 4. All plans, designs, engineering reports, and relevant data for construction, alteration, or operation of a hazardous waste facility shall be approved by a registered professional engineer licensed by Missouri, as required by section 260.395.7(2), RSMo. 5. The permit application fee set forth in 10 CSR 25-12.010 shall be submitted with the application. 6. The department will supervise any field work undertaken to collect geologic and engineering data that is to be submitted with the application. A fee shall also be assessed pursuant to 10 CSR 25-12.010 for all costs incurred by the department in the observation of field work, engineering, and geological review of the application, and all other review necessary by the department to verify that the application complies with section 260.395.7., RSMo. 7. For the purposes of notification, the permit application shall include the names and addresses of all persons listed on the facility mailing list as defined in 10 CSR 25-8.124(1)(A)10.C.(I) (c) submitted in the form of an alphabetical list. 8. The owner or operator of a permitted treatment, storage, and disposal (TSD) facility that accepts and/or ships 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 according to the requirements set forth in 10 CSR 25-7.264(3). 9. The person applying for a permit under sections 260.350–260.433, RSMo, shall comply with the requirements of 10 CSR 25-8.124(1). (C) Permit Conditions. This subsection sets forth requirements that modify or add to those requirements in 40 CFR part 270 subpart C. 1. This paragraph sets forth the procedures for issuance of a hazardous waste facility permit, construction certification, and authorization to begin operation. A. If, after public notice in accordance with 10 CSR 25-8.124 and review of the application, the department determines that the application conforms with the provisions of sections 260.350–260.433, RSMo, and all standards and rules corresponding, the department shall issue the hazardous waste facility permit to the applicant upon payment of a fee of one thousand dollars ($1,000) for each year the permit is to be in effect beyond the first year. B. The appeal period for a permit or any condition of a permit begins on the date of issuance of the permit as specified in subparagraph (2)(C)1.A. of this rule. However, for the purposes of termination of interim status pursuant to 40 CFR 270.73(a) incorporated in this rule, final administrative disposition of the permit application occurs either— (I) Thirty (30) days after issuance of a final permit pursuant to this rule, unless a notice of appeal is filed with the commission within that time; (II) Thirty (30) days after permit denial pursuant to this rule, unless a notice of appeal is filed with the commission within that time; or (III) Upon the issuance of a decision by the commission, after timely appeal of an action of this rule. 2. The department may deny the permit application if— A. The applicant fails to submit a complete application in accordance with, and within the time specified in, a notice of deficiency issued pursuant to 10 CSR 25-8.124(1)(A)3.; B. The department determines that the application does not conform with the provisions of sections 260.350–260.433, RSMo, and all corresponding standards and rules, or that the facility cannot be effectively operated and maintained in full compliance with sections 260.350–260.433, RSMo, and all corresponding standards and rules, or that the facility is being operated or maintained in violation of a present permit, or that continued operation of the facility presents an unreasonable threat to human health or the environment or will create or allow for the continuance of a public nuisance; or C. The applicant owner or operator fails to submit the permit fees specified in subparagraph (2)(C)1.A. of this rule within thirty (30) days of receipt of notice from the department that the fees are due. (D) Changes to Permit. (Reserved) (E) Expiration and Continuation of Permits. (Reserved) (F) Special Forms of Permits. (Reserved) (G) Interim Status. This subsection sets forth requirements that modify or add to those requirements in 40 CFR part 270 subpart G. 1. An owner or operator who becomes regulated under 10 CSR 25-7 shall operate in compliance with interim status in accordance with paragraph (2)(B)2. of this rule. 2. In addition to the items in 40 CFR 270.73 incorporated in this rule, interim status terminates when the department issues an order or commences an action pursuant to paragraph (2)(G)4. of this rule requiring the owner or operator to cease operations and undertake closure actions at the facility or at a unit. 3. The owner or operator, at any time, may voluntarily submit a permit application pursuant to this rule. 4. Upon a determination by the department that the facility is not being operated or cannot be operated in full compliance with the requirements of 10 CSR 25-7.265, the department in lieu of or in addition to requiring the submittal of a permit application pursuant to paragraph (2)(G)1. of this rule may take an enforcement action pursuant to sections 260.410, 260.420, and 260.425, RSMo, as it deems appropriate under the circumstances in order to fully and effectively protect public health and the environment. (H) Remedial Action Plans (RAPs). (Reserved) (I) Integration with Maximum Achievable Control Technology (MACT) Standards. (Reserved) AUTHORITY: sections 260.370, 260.390, and 260.395, RSMo 2016, and section 260.373, RSMo Supp. 2024.* 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 June 3, 1993, effective Jan. 31, 1994. Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed April 4, 1994, effective Oct. 30, 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; 260.373, RSMo 2012, amended 2022; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015.