Rules in Development
The following rules or groups of related rules are currently in some stage of the rule development process, either in initial development, in the formal rulemaking process or adopted and in effect. Each rule or group of rules goes through a process where interested parties are able to provide comments, either on the regulatory impact report for the rule or rules (when required), or on the proposed rules themselves once they have been published in the Missouri Register.
Whether commenting on the regulatory impact report or on the proposed rules themselves, please pay attention to the dates for the comment period and provide comments in the time frames indicated. For the regulatory impact report, all comments received will be posted with responses prior to filing as a proposed rulemaking. After the rules have been filed and published in the Missouri Register, interested parties will have another opportunity to comment during the comment period which begins with publication of the rules and ends seven days after the public hearing. As with the regulatory impact report, comments and responses on proposed rules will be published in the Order of Rulemaking for individual rules. Thank you for your interest and assistance in developing these rules.
Technical Rules for Underground Storage Tanks (USTs)– Title 10, Division 26 of the Code of State Regulations
There are two primary purposes for this rulemaking. The first is to open UST rules in Title 10, Division 26 of the Code of State Regulations to make the necessary changes required by the U.S. Environmental Protection Agency (EPA). The 2005 Energy Policy Act required either financial responsibility for UST installers and manufacturers or secondary containment for all new systems. In addition, last October, EPA adopted changes to the federal UST regulations that need to be incorporated into state regulation. This rulemaking will make the necessary changes to comply with these EPA grant requirements and to incorporate the changes made to the federal regulations.
The second reason is to incorporate state-specific changes. The proposed changes would better ensure old tanks are still functional enough to remain in use. The changes would better prevent and detect leaks, establish clearer and more detailed new system installation requirements, outline the requirements for new USTs at marinas, and incorporate new technologies. The Missouri Department of Natural Resources will also take this opportunity to clarify ambiguous or confusing language and update industry standard referenced in the regulations.
For additional information on these rules, there is a separate webpage dedicated to this rulemaking. Click here to go to this webpage.
The Hazardous Waste Management Commission voted to adopt the department’s final draft of the underground storage tank rules on Dec. 15, 2016. That was the first step in the process to “finish and finalize” the rules. The final draft of the rules will be filed with the Legislature’s Joint Committee on Administrative Rules (JCAR). If it passes through JCAR, then the department will file the rules with the Secretary of State. These rules are expected to be effective April 30, 2017 (please note, many requirements have much later implementation or due dates).
Below, you can find the comments submitted to the department on these rules, as well as the department’s responses to those comments and changes made. The department appreciates all of the input, expertise and suggestions provided throughout the rule process.
- Transcript from the October hearing
- Transcript from the November hearing (two reprinted rules only)
- Written comments submitted to the department
- Responses to comments
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. The revised version of 10 CSR 25-12.010, including these changes, has now been published in the 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)
- Missouri Register -- Order of Rulemaking for 10 CSR 25-12.010 (p. 1574)
- Missouri Code of State Regulations -- Revised Version of 10 CSR 25-12.010
- Hazardous Waste Fee Stakeholder Workgroup
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 were the final step in the process for a group of fourteen amendments to the hazardous waste regulations that were filed in 2015. 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 were 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 needed 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 was 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
If looking for updates and other information on the major changes to this rule, click here.
Links for additional information on Amendments to hazardous waste regulations:
- Text of proposed amendments in May 15, 2015 Missouri Register
- Orders of Rulemaking in Nov. 2, 2015 Missouri Register
- Revised Versions of Hazardous Waste Rules from 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 amendments
- 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
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.