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.

10 CSR 25-2.020 Hazardous Waste Management Commission Appeals and Requests for Hearings.  This proposed rulemaking is a product of our Department’s Commissioner’s Core Workgroup, and is identical to the procedural rules already adopted by the Air Conservation Commission and the Clean Water Commission. The workgroup was established to develop and recommend to the state's environmental commissions a uniform procedure for filing appeals of commission decisions, the referral of those appeals to the Administrative Hearing Commission, and the disposition of the appeal by the commission once the AHC has conducted the hearing. Having a uniform procedure for this process promotes transparency, predictability, consistency, and fairness in the commission’s decisionmaking process to all affected parties.

Incorporation by reference of July 1, 2006, Code of Federal Regulations - On a routine basis, it is necessary to incorporate by reference changes made to the federal RCRA regulations. On December 30, 2007, proposed amendments went into effect to incorporate by reference the July 1, 2004, edition of the Code of Federal Regulations. The Missouri Department of Natural Resources is now developing amendments to update the incorporation by reference of the CFR to July 1, 2006, and also to incorporate by reference two additional rules that were promulgated by EPA after July 1, 2006. Between July 1, 2004, and July 1, 2006, EPA has adopted multiple regulations, some of which must be adopted by the state as a condition of authorization. Timely adoption of the rules allows for seamless transition of responsibility for implementation of the rules from EPA to the state. It also benefits the regulated community because they are free to operate under one set of regulations instead of two, as is the case until the state adopts federal regulations and is subsequently approved for authorization of those same regulations. Below is a list of some of the amendments scheduled for adoption in the proposed rule package to incorporate by reference the July 1, 2006, Code of Federal Regulations:

Rulemaking Schedule PDF

10 CSR 25-16.273 Standards for Universal Waste Management - This amendment is necessary to allow handlers of fluorescent lamps in Missouri to manage the lamps as universal waste. When the state adopted the listing of lamps as universal waste contained in the federal rule, in an effort to remove a reference to the state definition and instead reference the federal definition, we removed references to the state definition of universal waste. The result was that we inadvertently created a situation in which lamps are excluded from the definition of universal waste in the state rule, which was the opposite of our intent.

10 CSR 25-4.261 Methods for Identifying Hazardous Waste and 10 CSR 25-3.261 Definitions, Modifications, to Incorporations and Confidential Business Information - Missouri is incorporating by reference changes contained in the Code of Federal Regulations. Included in this group of rules to be incorporated by reference is the federal rule on management of cathode ray tubes (CRTs). Missouri has proposed amendments to incorporate the federal CRT rule with only two minor modifications. In 10 CSR 25-4.261Missouri added language clarifying the applicability of the existing landfill ban prohibiting the disposal of CRTs in a sanitary landfill, except as permitted by section 260.380.3. In 10 CSR 25-3.260 Missouri added language clarifying that the notification requirement for the export of CRTs should go to the Regional Administrator and not to the Director of the Department of Natural Resources.

10 CSR 25-7.264 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities - Program staff have developed a rule amendment to increase the amount of time permitted hazardous waste facilities with railcar management plans are allowed to unload hazardous waste from railcars once the railcar has reached their property. Currently, facilities have seventy two hours, but facilities have found that amount of time to be insufficient to process incoming railcars during periods of increased activity. As a result, the past two years, two of our facilities have petitioned for and received variances from the 72 hour rule. The Hazardous Waste Management Commission granted the variances after reviewing the facilities’ railcar management plans and determining that the railcars were properly managed during the entire time they are on the facility’s property.

Staff have evaluated the justification for keeping the time limit at 72 hours and determined that allowing facilities an additional amount of time up to a maximum of ten days will not compromise protection of the environment and will eliminate or reduce the number of situations in which variances are required. Because this proposed amendment prescribes environmental conditions or standards and is not an adoption of an existing federal rule, the preparation of a Regulatory Impact Report is required. Attached below are copies of the draft rule text and the Regulatory Impact Report.

Submit written comments on any of the above rule developments to

Missouri Department of Natural Resources
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102-0176

or

Hazardous Waste Management Commission (HWMC)
P.O. Box 176
Jefferson City, MO 65102-0176

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