Hazardous Waste Program
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.
Underground Storage Tanks – Technical Rules – 10 CSR 26-2
In 2011, the department updated the technical rules in 10 CSR 26 Chapter 2, including incorporating by reference the 2004 as modified in 2005 Tanks risk-based corrective action, or RBCA, guidance document. The incorporation by reference was made in three rules: 10 CSR 26-2.062, 10 CSR 26-2.078, and 10 CSR 26-2.082. However, each reference stated that tank owners and operators may use the 2004/2005 RBCA guidance as a written procedure only until Dec. 31, 2012. With this rulemaking, the department proposes to remove the December deadline date. In addition, via this rulemaking the department proposes to incorporate by reference an updated Tanks RBCA guidance completed in 2013. The department undertook the update of the guidance to clarify certain requirements and provisions, to streamline the guidance by removing unnecessary text and to facilitate publication of Tier 1 risk-based target levels, or RBTLs, updated based on new toxicity data and calculation methodology.
Regulatory Impact Report, Draft Rule Text and Updated Risk-Based Corrective Action Guidance
The department has completed a regulatory impact report, or RIR and draft rule text for this rulemaking which will incorporate by reference the 2013 revision to the Tanks RBCA guidance.
- Regulatory Impact Report.
- Draft Rule Text.
- Updated Risk-Based Corrective Guidance - with all changes apparent.
Written comments regarding the RIR should refer to a specific section or numbered item of the report, and comments pertaining to the guidance should refer to a specific section. Comments may be submitted through May 1, 2013. Please direct written comments regarding the RIR, the draft rules, and the updated guidance document to:
Tim Chibnall, Environmental Specialist IV
Missouri Department of Natural Resources
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102-0176
Incorporation by Reference of Federal Resource Conservation and Recovery Act, or RCRA, Regulations
As of last year our hazardous waste regulations in Title 10, Division 25 of the Code of State Regulations incorporate by reference the July 1, 2010 Code of Federal Regulations. However, between July 1, 2010 and July 1, 2012, EPA adopted four additional rules that are important for the state to adopt. The department has proposed to update the rules in Title 10, Division 25 to update the incorporation by reference to the 2012 Code of Federal Regulations. The individual rules that are included in the group to be adopted are listed below:
- Removal of Saccharin and its Salts from the Lists of Hazardous Wastes.
- Corrections to the Academic Laboratories Generator Standards.
- Revision of the Treatment Standards for Carbamate Wastes.
- Hazardous Waste Technical Corrections and Clarifications.