Rules in Development
The following rule developments are being considered. The regulatory impact report provides information on the rule development. Please provide comments in the time frames indicated. All comments received will be posted with responses prior to filing as a proposed rulemaking. Once filed and published in the Missouri Register, there will be another opportunity to comment during the proposed rulemaking open comment period and public hearing prior to adoption. Thank you for your interest and assistance in developing these rules.
Hazardous Waste Fee Rule – 10 CSR 25-12.010
House Bills 28 and 650, passed by the General Assembly in 2013 and amended in 2014 by SB 642, established the authority for the Department to develop recommendations for changes to the hazardous waste fee structure, and for the Hazardous Waste Management Commission (HWMC) to approve those recommendations. This authority is found in Section 260.380.1(10)(d) and Section 260.475.8 RSMo. The purpose of this proposed rulemaking is to amend the hazardous waste fee rule to reflect the following increased fees agreed to by the hazardous waste fee stakeholder workgroup:
- Hazardous waste generator registration and renewal fee - increased from $100 for all generators to $150 for conditionally-exempt and small quantity generators and $500 for large quantity generators
- In-state fee for hazardous waste generated in Missouri – increased from $5 per ton to $6.10 per ton
- Minimum amount for in-state fee – increased from $150 to $200
- Maximum amount for in-state fee – increased from $52,000 to $57,000
- Land disposal fee for hazardous waste land disposed in Missouri – increased from $25 per ton to $29.50 per ton
The proposed increases to the generator registration fee, the in-state tonnage fee, and the land disposal fee are estimated to generate additional revenue in the amount of $502,165 annually to the Hazardous Waste Fund. The additional revenue is broken down as follows:
Generator registration fee: $272,850
In-State Tonnage fee: $205,042
Land Disposal Fee: $24,273
Total Additional Revenue: $502,165
10 CSR 25-12.010 – Draft Text of Proposed Amendment
Hazardous Waste Fee Stakeholder Workgroup
Proposed Amendments to Rules in Title 10, Division 25 of the Code of State Regulations
Department staff have been working with stakeholders and participants in the Hazardous Waste Forum to develop a group of proposed changes to the hazardous waste rules in Title 10, Division 25 of the Code of State Regulations (10 CSR 25). House Bill 1251 (HB 1251), passed by the 2012 General Assembly and codified in Section 260.373 RSMo, required the department to identify existing rules in Chapters 3, 4, 5 and 7 of 10 CSR 25 that need to be amended to be consistent with the requirements of Section 260.373. That section limits the authority of the Missouri Hazardous Waste Management Commission (HWMC) to adopt rules that are stricter than, or that establish requirements sooner than, the corresponding federal regulations in certain subject areas. The department has completed the identification and review process for these chapters and has completed an initial draft of the proposed rule amendments that will implement the necessary changes.
In addition to the changes related to “no stricter than”, multiple rules in 10 CSR 25 will be amended to update the incorporation by reference of the Code of Federal Regulations. In October 2012, the Commission approved a finding of necessity to update the incorporation by reference to the 2012 Code of Federal Regulations (CFR), but that effort was put on hold while the no stricter than changes were developed. Now that that process is complete, the necessary amendments to update the adoption of the CFR to the July 1, 2013 edition may proceed. The department proposes to also adopt two additional rules published by EPA since July 1, 2012.
The additional amendments during this time period that would be incorporated are:
- Conditional Exclusion for Solvent Contaminated Wipes
- Hazardous Waste Management System; Modification of the Hazardous Waste Manifest System; Electronic Manifests
The Missouri Hazardous Waste Management Commission will hold a public hearing on this rule action and others beginning at 10:00 a.m. on June 18, 2015 at the Elm Street Conference Center, 1738 East Elm Street, Jefferson City, Missouri. Any interested person will have the opportunity to testify. Advance notice is not required. However, anyone who wants to make arrangements to testify may do so prior to the hearing by contacting the secretary of the Hazardous Waste Management Commission at (573) 751-2747.
Any person may submit written comments on this rule action. Interested persons, whether or not heard, may submit a written or email statement of their views until midnight on June 25, 2015. Written comments shall be sent to the director of the Hazardous Waste Program at PO Box 176, Jefferson City, MO 65102-0176. To be accepted, written comments must be postmarked by midnight on June 25, 2015. Email comments shall be sent to email@example.com. Please direct all inquiries to the Rules Coordinator of the Hazardous Waste Program, at 1738 E. Elm, Jefferson City, MO 65102, telephone (573) 751-3176.
- Missouri Register – Proposed Amendments (pages 626-670)
- Comment 1 – Used Oil Transporters Shipment Record – 10 CSR 25-11.279
- Comment 2 – Satellite Accumulation – 10 CSR 25-5.262
The Regulatory Impact Report for this rulemaking was published on February 20th, 2015 and the comment period ended on April 21st, 2015. All comments and the department’s response will be posted to this website under the “Related Documents” section below, when they are complete.
- Report to Hazardous Waste Management Commission on HB 1251
- Final Draft of Proposed Rule Text for Changes to Title 10, Division 25, Chapters 3, 4, 5 and 7PDF Document
- Comments and Responses on Regulatory Impact Report
- Revised version of Regulatory Impact Report
For questions about the rulemaking process, the review and identification process for the affected rules, or the report to the commission, please contact Tim Eiken, Rules Coordinator of the Hazardous Waste Program at 573-522-8057.