Hazardous Waste Program

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.

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:

noneThe Regulatory Impact Report for this rulemaking has been published and the comment period is now open.  A notice was published in the Jefferson City News Tribune on Feb. 20, 2015.  With this publication, the comment period is now open for a period of sixty days.  Comments will be accepted until April 21, 2015.  Comments may be submitted by email to tim.eiken@dnr.mo.gov or by mail to the address below:

Tim Eiken, Rules Coordinator
Missouri Department of Natural Resources
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102-0176
Fax: 573-751-7869
Email: tim.eiken@dnr.mo.gov

Related documents

List of rules to be amended

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.

Revised regulations for Underground Storage Tanks
The Environmental Protection Agency (EPA) has proposed changes to the Underground Storage Tank (UST) Regulations (40 CFR 280 and 40 CFR 281). These regulations are expected to be final sometime in January 2015. The proposed EPA regulation changes propose regular site self-inspections, new testing requirements for spill and overfill prevention equipment, release detection equipment changes, including the elimination of the antiquated groundwater and vapor monitoring methods and the regulation of USTs previously deferred, such as field constructed (concrete) tanks, airport fueling hydrant systems and potentially some oil/water separators. The proposed regulations also detail the federal regulations for secondary containment (double-walled systems) and monitoring of these systems. This rulemaking will incorporate these new regulations into the state code.  

In addition to incorporating the federal rule changes, the Hazardous Waste Program is proposing some state specific changes and updates to include new equipment, new industry standards, as well as to clarify the current regulations.  Some of the changes are designed to help better ensure that old steel tanks, especially those in use beyond their warranty and “life expectancy” are still appropriate for continued use. 

Most of this rulemaking is to incorporate the federal rule changes. The federal rule language will be added into into the Missouri Code of State Regulations, rather than simply incorporating by reference. We have state specific requirements and definitions. As such, we cannot simply incorporate the regulations by reference. We must review and determine how to incorporate these within our existing framework so as not to lose the state specific nuances and regulations, some of which are more stringent and more effective than the federal version. 

In addition to the adoption of new federal rules, this rulemaking includes changes to state operating tank regulations.  These state specific changes will clarify existing language and requirements, provide more detailed repair criteria, ensure old tanks that remain in use are still sound enough to do so, incorporate new equipment, improve leak detection and better define new system installation requirements. 

The Hazardous Waste Program has updated a webpage dedicated to this proposed rulemaking to provide additional information. The program’s Rules in Development page, as well as the page dedicated specifically to this rulemaking, will be updated as the rulemaking progresses through the formal rulemaking process. 

For technical questions or to discuss these specific changes, you may contact Heather Peters, Tank Compliance and Technology Unit, at 573-751-7877 or by email at heather.peters@dnr.mo.gov

 

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