Rules in Development
Please use this webpage to find updates and other information about the major changes to hazardous waste rules that will go into effect Dec. 30, 2015.
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
The proposed amendment to make these changes to 10 CSR 25-12.010, the hazardous waste fee rule, was published in the Missouri Register on July 15, 2015. The Missouri Hazardous Waste Management Commission held a public hearing on this proposed amendment on Aug. 20, 2015, and the comment period ended on Aug. 27, 2015. At the public hearing and during the comment period, the department received only one comment in support of the adoption of the proposed amendment at the public hearing and no other written comments. The commission approved an Order of Rulemaking for the amendment at its meeting on Oct. 15, 2015. Only one change was made to the text of the proposed amendment in the Order of Rulemaking, which was be published in the Missouri Register on Nov. 2nd. After publication of the Order of Rulemaking in the Missouri Register, a revised version of 10 CSR 25-12.010 will be published in the Nov. 30th Code of State Regulations.
Links for additional information on hazardous waste fee rule:
- Missouri Register – Proposed Amendment of 10 CSR 25-12.010 (p. 872)
- Check back here on Dec. 15th for a new link to the Order of Rulemaking to be published in the Dec. 15, 2015 Missouri Register
- Hazardous Waste Fee Stakeholder Workgroup
Proposed Amendments to Rules in Title 10, Division 25 of the Code of State Regulations
On Nov. 2, 2015, fourteen Orders of Rulemaking for amendments to rules in Title 10, Division 25 of the Code of State Regulations were published in the Missouri Register. These fourteen Orders of Rulemaking are the final step in the process for a group of fourteen amendments to the hazardous waste regulations that were filed earlier this year. The changes to the hazardous waste regulations include all changes required as a result of Section 260.373 RSMo, the “no stricter than” statute for the Missouri Hazardous Waste Management Law, as well as incorporation by reference of the July 1, 2013 Code of Federal Regulations. The changes to these rules are effective on Dec. 30, 2015.
The “No Stricter Than” statute, part of House Bill 1251 (HB 1251), passed by the 2012 General Assembly, 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.
In addition to the changes related to “no stricter than”, multiple rules in 10 CSR 25 were amended to update the incorporation by reference of the Code of Federal Regulations. The updated incorporation by reference of the CFR is to the July 1, 2013 edition plus two additional rules published by EPA after July 1, 2013. The additional federal rules included in this update of the incorporation by reference are:
- Conditional Exclusion for Solvent Contaminated Wipes
- Hazardous Waste Management System; Modification of the Hazardous Waste Manifest System; Electronic Manifests
Links for additional informaiton on Proposed Amendments to hazardous waste regulations:
- Link to text of proposed amendments in May 15, 2015 Missouri Register
- Link to Orders of Rulemaking in Nov. 2, 2015 Missouri Register
- Check back here on November 30th for a new link to the final rule text from the Missouri Code of State Regulations
- Comment 1 – Used Oil Transporters Shipment Record – 10 CSR 25-11.279
- Comment 2 – Satellite Accumulation – 10 CSR 25-5.262
- Comment 3 - Marking of Hazardous Waste and Storage Tanks - 10 CSR 25-5.262
- Comment 4 – REGFORM comments on proposed amendments
- Comment 5 – Adoption of Solvent Wipes Rule – 10 CSR 25-4.261
- Comment 6 – Adoption of Solvent Wipes Rule – 10 CSR 25-4.261
- Comment 7 – The Boeing Company comments on proposed amendmentsReport to Hazardous Waste Management Commission on HB 1251Final Draft of Proposed Rule Text for Changes to Title 10, Division 25, Chapters 3, 4, 5 and 7PDF Document
For questions about any of these rules or the rulemaking process, please contact Tim Eiken, Rules Coordinator of the Hazardous Waste Program at 573-522-8057.