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newStakeholder Meeting Announcement - RESCHEDULED

This meeting has been moved to February 25, 2020. In lieu of the December meeting, we encourage you to please submit any fee expansion thoughts or comments to Chris Nagel at christopher.nagel@dnr.mo.gov or John Jurgensmeyer at john.jurgensmeyer@dnr.mo.gov.

We understand your time is valuable and we apologize for any inconvenience.

Tuesday, Feb. 25, 2020 from 10 a.m. to 3:00 p.m.
Bennett Springs/Roaring River Conference Rooms
1730 E. Elm Street
Jefferson City

Call-in number 866-230-0963

The Missouri Department of Natural Resources’ Environmental Remediation and Waste Management Programs recently completed first round discussions with stakeholders on a proposed increase to the Hazardous Waste Generator fee schedule. This increase addresses a shortfall in funding, beginning in budget year 2022. Because stakeholders have consistently voiced a preference to have the department continue oversight of the RCRA Permitting, Inspection and Enforcement functions in Missouri, instead of it reverting to EPA, a consensus was reached on a proposed fee increase to address the shortfall for the immediate budget years affected.

In August 2019, the Hazardous Waste Management Commission voted to allow the department to move forward with the rulemaking process on this proposed fee increase. As this request was brought to the stakeholders under a very compressed schedule, a condition of the consensus was the inclusion of a sunset date on increased fees, of Dec. 31, 2022, so discussions could continue to find a long-term funding solution.

Proposed modification of 10 CSR 25-12.010, and as approved by the Hazardous Waste Management Commission on Nov. 26, 2019, and filed with the Secretary of State's office is as follows:

Temporary fee structure for registration and renewal fees for calendar years 2021 and 2022 only. The fee structure established below is in place for calendar years 2021 and 2022.

10 CSR 25-12.010 Hazardous Waste Fees and Taxes

(1)        Hazardous Waste Fees Applicable to Generators of Hazardous Waste. The fees in this section apply notwithstanding any conflicting language in any other rule regarding the amount of any of the fees listed in this section.

(E)     Registration Fee. A generator subject to registration in accordance with 10 CSR 25-5.262  shall pay the following registration fees, except as specified below in subsection (1)(G):

2.   A registration fee will be paid with the submittal of the registration form required by 10 CSR 25-5.262 when one (1) of the following is true:

D.   Any generator who changes their generator status to a status that has a higher registration fee than the fee that the generator has already paid for the year as required by this subsection shall pay the difference between the registration fee for the current status and the registration fee of the new status.

(G)    Temporary fee structure for registration and renewal fees for calendar years 2021 and 2022 only. The fee structure established below is in place for calendar years 2021 and 2022.

1.   All new generator registration and registration renewal fees accruing before January 1, 2021, will be assessed at the amounts established in 10 CSR 25-12.010(1)(E)1.A. through (1)(E)1.C. All new generator registration and registration renewal fees accruing during calendar years 2021 and 2022 will be assessed by the Department at the following rates:

A.   A registration fee not to exceed one thousand one hundred and fifty dollars ($1150) for a generator registering as a Large Quantity Generator;

B.   A registration fee not to exceed three hundred and sixty dollars ($360) for a generator registering as a Small Quantity Generator; and,

C.   A registration fee not to exceed one hundred seventy-five dollars ($175) for a generator registering as a Conditionally Exempt Small Quantity Generator.

All new generator registration and registration renewal fees accruing on or after January 1, 2023, will revert back to the amounts established in 10 CSR 25-12.010(1)(E)1.A. through (1)(E)1.C.

3.   Registration renewal fees for owners of multiple underground storage tank (UST) sites.

A.   For individuals or companies that own a single site where an underground storage tank is removed in a calendar year, the hazardous waste generator registration fee for the site will be assessed at the appropriate amount under the temporary fee structure established above in section 10 CSR 25-12.010(1)(G)1.

B.   For individuals or companies that own two or more sites where underground storage tanks were removed in the same calendar year, the hazardous waste generator registration fee for all remaining tank removals within the same calendar year will be assessed the regular registration renewal fee established in 10 CSR 25-12.010(1)(E)1.A. through (1)(E)1.C. 

C.   Tank owners claiming this discount are responsible for providing documentation required to verify common ownership of the multiple underground storage tank sites and also for providing a list of all of their ID numbers that describes which ID number is to be assessed under the temporary fee structure and which ID number(s) are to be assessed under the regular registration renewal fee. 

4.   All new generator registrations and reactivations of ID numbers accruing during calendar years 2021 and 2022 shall pay the full amount established in the temporary fee structure.

Environmental Remediation and Waste Management Program staff sincerely appreciate the efforts put forth by our stakeholders with this recent undertaking; and, as promised, have begun developing a calendar of events for future discussions. While the current rulemaking is working its way thru the process, our focus now is to begin discussions early to allow all avenues of revenue streams to be discussed and researched, to find equitable and sustainable funding for Missouri’s Hazardous Waste RCRA Permitting and Generator programs.

If you have any questions, or require special services or accommodations to attend the meeting, please contact Debra Dobson by email or by calling 573-751-2747 no later than 24 hours prior to the meetings.

For information on the day of the meeting please call 573-751-3176. During this time staff will be actively participating at the meeting and will be unable to respond.

Hearing-impaired people may use Relay Missouri at 800-735-2966.

What is the Hazardous Waste Forum's goal?

To provide a means for information exchange between department staff and Missouri citizens regarding hazardous waste laws, regulations, programs and procedures to improve understanding and identify areas for environmental improvement in the state.

July/August 2019 Meeting Materials and Information

What is the Hazardous Waste Forum's mission?

The Hazardous Waste Forum's mission is to identify, evaluate and develop ways to better protect human health and the environment. The stakeholder group includes representatives from the department, industry, consultants, environmental groups and other regulatory agencies. Meetings are held as needed to evaluate and recommend opportunities and changes to law, regulations and department programs and procedures. These changes are intended to benefit the stakeholders while allowing the department to pursue the goal of protecting human health and the environment.

What are the next steps?

The proposed fee amendment was filed with the Secretary of State’s Office on Aug. 30, 2019, for publication in the Oct. 1, 2019, edition, of the Missouri Register. The public hearing on the proposed amendment is scheduled for the Missouri Hazardous Waste Management Commission’s Nov. 1, 2019, meeting, beginning at 10 a.m. The public comment period opens Oct. 1 and comments will be accepted until close of business Nov. 8, 2019. During this time comments may be submitted electronically by email, in writing, in person at the public hearing or electronically through the department’s proposed rules page.

Rule Page:  https://dnr.mo.gov/proposed-rules/welcome.action#OPEN   

Email/Rule Coordinator                        tim.eiken@dnr.mo.gov

Mail to: 
Environmental Remediation Program
Rule Coordinator
P.O. Box 176
Jefferson City, MO  65102-0176

After the public comment period ends, the department will present its recommended final order of rulemaking to the Commission for a vote on Nov. 26, 2019. If approved by the commission at that meeting, the order of rulemaking would be filed with the Joint Committee on Administrative Rules Nov. 27 and review by the General Assembly would begin Jan. 1, 2020. If not disapproved by the General Assembly, the rule would go into effect Jan. 1, 2021.

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