HAZARDOUS WASTE RESOURCE RECOVERY
|Hazardous Waste Program fact sheet||
|Division of Environmental Quality Acting Director: Steve Feeler||
Missouri’s Resource Recovery program encourages responsible recycling of hazardous waste using the best available technology and procedures. This technical bulletin summarizes and explains Missouri’s Resource Recovery regulations found in Code of State Regulations 10 CSR 25-9.020 and 8.124(4). These are state-specific regulations. There are no corresponding federal regulations. Missouri citizens looking for general information on what happens to hazardous waste should review the fact sheet, Hazardous Waste in Missouri (PUB919), available on the department’s website at www.dnr.mo.gov/pubs/pub919.htm or by calling the department’s Hazardous Waste Program at 573-751-3176 or 800-361-4827.
What is hazardous waste resource recovery?
Hazardous waste resource recovery involves hazardous waste as defined or listed. A hazardous waste is any solid waste that is ignitable, corrosive, reactive (tendency to react/explode), toxic or listed as a hazardous waste in state or federal regulations. Hazardous waste listings and definitions are located in Code of Federal Regulations 40 CFR 261, Subparts C and D, incorporated and modified in 10 CSR 25-4.261.
Hazardous waste is often created when a product is used and becomes dirty or contaminated. The facility can no longer use the contaminated product in the way it was originally intended without additional processing. The facility can choose resource recovery, rather than disposal, by recycling the contaminated product/hazardous waste using one of the following methods:
- Reuse: The hazardous waste is used as a substitute for another chemical.
- Reclaim: The hazardous waste is processed to recover a usable product. For example, a facility that produces spent solvent during its manufacturing process can distill or filter that solvent to produce a clean solvent. The clean solvent can then be used as new product back in the manufacturing process or sold on the open market.
- Transform: The hazardous waste is transformed into a new product that is no longer a waste.
Missouri Hazardous Waste Management Law requires facilities that use, reuse, legitimately recycle or reclaim hazardous waste, and do not meet the exemption requirements of 10 CSR 25-9.020(2), to get a resource recovery certificate.
What is a resource recovery certificate?
A resource recovery certificate is a type of formal approval (certificate) that resembles a permit and is issued by the department. Missouri requires resource recovery facilities meet certain financial assurance and operational standards beyond the federal law. The certificate contains the operational standards, and may contain facility-specific conditions, that the owner and operator must follow in order to protect human health and the environment.
Who does not need a resource recovery certificate?
Facilities that perform any of the following activities are considered “exempt” and are not required to obtain a resource recovery certificate:
- The facility uses, reuses, legitimately reclaims or recycles its own hazardous waste, but processes less than 1,000 kilograms, or kg, of hazardous waste in a calendar month at the same facility where it was produced. The owner or operator must keep records of the amount and type of hazardous waste recovered, at least annually, in order to show that less than 1,000 kg are processed in a calendar month and that the recovery process meets the exemption requirements of 10 CSR 25-9.020(2).
- The facility manages used oil according to 40 CFR Part 279, as incorporated by reference in 10 CSR 25-11.279.
- The facility manages recyclable materials used for precious metal recovery according to
40 CFR 266.70, as incorporated by reference in 10 CSR 25-7.266(1).
- The facility treats hazardous waste in land treatment units (40 CFR Part 264 Subpart M), incinerators (40 CFR Part 264 Subpart O) or miscellaneous units (40 CFR Part 264 Subpart X), as incorporated in 10 CSR 25-7.264, or burns hazardous waste in boilers or industrial furnaces (40 CFR Part 266 Subpart H), as incorporated in 10 CSR 25-7.266. These activities require a hazardous waste permit.
- The facility operates a “totally enclosed treatment facility” referenced in 40 CFR 264.1(g)(5), as incorporated by reference in 10 CSR 25-7.264(1) and 40 CFR 265.1(c)(9), as incorporated by reference in 10 CSR 25-7.265(1). A totally enclosed treatment facility is a hazardous waste treatment facility that is:
- Directly connected to the process that creates a product, byproduct, intermediate or a material that is used back into the process.
- Completely contained on all sides, which usually limits this exemption to pipelines, tanks and other tank-like equipment. An example would be a pipe in which waste acid is neutralized.
- Operated in a way that prevents hazardous waste from being released to the environment, even during abnormal conditions or process upset. The facility must prove there is no predictable release of any hazardous waste from the unit by leakage, spills or emissions.
The owner or operator of an exempt resource recovery facility must notify the department of their resource recovery activities and provide documentation of their exempt status, as described in 10 CSR 25-9.020(2)(B). The owner or operator should not consider the facility exempt until the department has acknowledged the facility’s exempt status in writing. The department asks that the owner or operator notify the department when the facility stops resource recovery activities.
Are there any requirements an exempt resource recovery facility must follow?
Yes. The owner or operator of an exempt facility must maintain accurate records of the amount and type of hazardous waste recycled, sufficient to demonstrate that less than 1,000 kg are processed in a calendar month and the recovery process meets the exemption criteria. The owner or operator must contact the department and apply for resource recovery certification if the facility no longer meets the exemption criteria. Operating non-exempt resource recovery activities without certification is in violation of Missouri Revised Statutes, section 260.410, RSMo. and subject to enforcement action.
As an exempt facility, the owner or operator does not need to submit the quarterly Facility Summary Report, Form--MO 780-0408, required for certified resource recovery facilities. However, they must still submit the Generator’s Hazardous Waste Summary Report, Form--MO 780-1097, which is available on the department’s website at www.dnr.mo.gov/forms/780-1097.pdf. If the facility is an exempt “mobile unit,” it is the responsibility of the facility that contracted the exempt resource recycling facility to submit the Generator’s Hazardous Waste Summary Report. If an exempt “mobile unit” performs exempt hazardous waste resource recovery at a facility currently holding an active resource recovery certificate, then that facility must include the hazardous waste recovered by the exempt mobile unit’s operation on their Generator’s Hazardous Waste Summary Report.
What are the steps in the certification process?
Step 1: Determine Facility Classification
Missouri regulations classify resource recovery facilities as U, R1 or R2, based on the hazardous wastes accepted and the method of management:
- U - Applies to facilities that use, reuse, legitimately reclaim or recycle their own hazardous waste only (on-site), and process more than 1,000 kilograms, or kg, of hazardous waste in a calendar month.
- R1 - Applies to owners and operators of mobile recycling facilities that recycle hazardous waste at the facility that produced the waste, into a product that can be reused at the same facility where it was produced (on-site). It does not involve recycling hazardous waste to be reused at a different location.
- R2 - Applies to facilities that accept manifested hazardous waste from off-site for reclamation or recycling.
Step 2: Apply for a Certificate
The owner or operator completes and submits a Certified Resource Recovery Facility Application, Form--MO 780-1163, which is available on the department’s website at www.dnr.mo.gov/forms/780-1163-f.pdf. The application must include, as applicable, the information outlined in 10 CSR 25-9.020(3)(B). Applications for R2 facilities must also include a cost estimate for closure of the resource recovery process and a financial assurance mechanism, as well as the information described in 10 CSR 25-9.020(3)(C). The financial assurance mechanism ensures that the owner or operator has enough funds set aside to cover the closure cost estimate, even in case of bankruptcy.
The owner or operator of a proposed new facility should submit the application to the department at least 90 days before the planned construction and operation of the facility. The department must approve the application and issue the resource recovery certificate before the facility can be operated.
The owner or operator must include the following non-refundable application fee when they submit the application:
- $500 if the application is for a resource recovery facility that reclaims or recycles hazardous waste on site (U facility).
- $1,000 if the application is for a resource recovery facility that is a mobile unit or receives hazardous waste from off site for reclamation or recycling (R1 and R2 facilities).
The application fee covers the full 2-year term of the certificate. The owner or operator is also responsible for paying all departmental costs related to engineering and geological reviews of the application and any future modifications, as outlined in 10 CSR 25-12.010(3)(D). The department sends the owner or operator an invoice every three months for these costs.
Step 2: Receive, Review and Revise the Application
The department’s Hazardous Waste Program, Permits Section reviews the resource recovery application to make sure it follows the requirements in section 260.395.16, RSMo and 10 CSR 25-9.020. During the review, the department may have comments or request missing information. The owner or operator responds to the department by sending the information and revising the application as needed. Each time the department receives a response from the company, the information is reviewed and, if necessary, additional comments are sent to the company.
Step 3: Final Certificate Decision
Within 90 days of receiving a complete application, the department will either issue, with or without conditions, or deny a resource recovery certificate. The department will notify the owner or operator in writing of its decision. If the certification is denied, the department will specify the reasons for the denial.
The department must issue a certificate if the application meets all regulatory and engineering requirements. The department’s approval letter, as well as the resource recovery certificate and applicable regulations, must be kept together at the facility. In addition to the facility-specific conditions that the owner and operator must follow, all certified resource recovery facilities must comply with the manifest system under 10 CSR 25-7.264 and the operating record requirements under 10 CSR 25-7.264(2)(E)2. They must also keep a record of all hazardous wastes received and their disposition and all records required by the facility-specific conditions listed in their certificate. All certified resource recovery facilities must submit an annual report to the department containing the type and amount of wastes processed, as outlined in 10 CSR 25-7.264(2)(E)3.
What happens after the resource recovery certificate is issued?
Resource recovery certificates are normally issued for a two-year period, the maximum period currently allowed by state laws and regulations. At least 90 days before their current certification is due to expire, the owner or operator must submit to the department an application to renew the certificate or a notification of intent to stop operating the resource recovery equipment. In order to renew the certification, the owner or operator must submit a new Certified Resource Recovery Facility Application. Previous submittals may be used as a guide for preparing the application, but a complete and updated application must be submitted for consideration. The information included in the application should be current and anticipate activities for the next two years.
Either the company or the department can propose a change to the resource recovery certification. The department may modify a resource recovery certification under any of the situations listed in 10 CSR 25-8.124(4)(B)(1). The department will send a notice of intent to modify to the owner or operator, specifying the reasons for the proposed modification and the manner in which the certificate is proposed to be modified.
If the owner or operator would like to modify the resource recovery certificate, they must notify the department at least 60 days before a major change and 30 days before a minor change at the facility. A partial list of example changes is located at 10 CSR 25-9.020(3)(E). No changes can occur at the facility until the owner or operator receives the department’s approval. The department’s approval letter must be kept at the facility with the resource recovery certificate and applicable regulations.
The department can revoke a facility’s certification for any reason listed in 10 CSR 25-8.124(4)(B)1. The department will send a final revocation to the owner or operator, specifying the reasons for the certificate revocation.
Can the department’s decisions regarding the resource recovery certificate be appealed?
Yes. The owner, operator or anyone negatively affected by the issuance or denial of the resource recovery certificate, or specific conditions in the certificate, modification of the certificate or a certificate revocation may be entitled to request an appeal. A petition must be filed with the Administrative Hearing Commission within 30 days from the date of the department’s final decision, according to the procedures outlined in 10 CSR 25-2.020 and sections 260.395.11 and 621.250, RSMo. If the petition is sent by registered mail or certified mail, it will be deemed filed on the date it is mailed. If it is sent by any other method, it will be deemed filed on the date it is received by the Administrative Hearing Commission.
With the exception of a certificate revocation, the department’s final decisions regarding a resource recovery certificate are effective immediately. If a timely petition is filed on a certificate revocation, the effective date of the revocation is delayed until there is a final judgment on the appeal. If a timely petition is not filed, the revocation becomes effective 30 days after the department signs the revocation decision.
How can I get a copy of the hazardous waste laws and regulations?
- Missouri Revised Statutes, including the Missouri Hazardous Waste Management Law, are available online through the Missouri General Assembly website at www.moga.mo.gov/statutes/c260.htm. Copies may be purchased from the Revisor of Statutes, 573-526-1288.
- Missouri Code of State Regulations are available from the Missouri Secretary of State's Office, 573-751-4015, or online at www.sos.mo.gov/adrules/csr/current/10csr/10csr.asp#10-25.
- U.S. Code of Federal Regulations are available online at www.gpoaccess.gov/cfr/index.html
- Copies may be purchased from a U.S. Government Bookstore, the U.S. Government Printing Office or from a commercial information service such as the Bureau of National Affairs.
For more information
Missouri Department of Natural Resources
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102-0176
800-361-4827 or 573-751-3553