Other Permits Section Activities
Our Section or the facility can make changes to the hazardous waste permit throughout its life. Department-initiated permit modifications are governed by Federal Code of Regulations 40 CFR 270.41 . Facility-initiated permit modifications are categorized as Class 1, 2 or 3, depending on how much they change the original permit conditions. Specific changes and their corresponding modification class are available in 40 CFR 270.42 .
- Class 1 modifications include small changes that keep the permit current with routine changes to the facility or its operation, such as renaming a building.
- Class 2 modifications include necessary changes that allow the facility to respond to changes in the type or amount of wastes handled, scientific improvements and new laws.
- Class 3 modifications include issues that largely change a facility or its operations. For example, a request to handle new wastes that require different management practices.
When Congress passed the Hazardous and Solid Waste Amendment to the Resource Conservation and Recovery Act, or RCRA, in 1980, all existing facilities that treated, stored or disposed of hazardous waste were required to obtain a hazardous waste permit. Because of the large number of existing facilities, Congress set up requirements which allowed these facilities to operate temporarily until they received their permit.
During this "interim status" period, the facility owner or operator had to submit a hazardous waste permit application within a specific timeframe and meet certain operational standards, which are outlined in Code of Federal Regulations 40 CFR Part 265, incorporated by reference in Code of State Regulations 10 CSR 25-7.265 . Facilities owners and operators that chose not to submit a permit application were required to start closure procedures. A facility is released from interim status when our Section issues them a hazardous waste permit or verifies that the facility owners or operators removed and cleaned their equipment, structures and soil.
After a facility has stopped operating in an area on their property, that area goes through a closure period. During closure, facility owners and operators put final covers or caps on landfills and remove and clean their equipment, structures and soil. A closure plan is a detailed plan outlining when and how the facility owners and operators will close when they are no longer in business.
Areas where hazardous waste or hazardous constituents will remain in place after closure is finished, such as landfills or surface impoundments, must also go through a period of post-closure care. During post-closure, the facility owners and operators monitor and maintain the landfill and continue to prevent releases of hazardous waste. The post-closure period normally lasts for 30 years after closure is completed. A post-closure plan details the planned monitoring and maintenance activities.
Facility owners and operators must include a closure plan and post-closure plan, if applicable, with their hazardous waste permit application. Our Section reviews the plans to make sure they follow the state and federal laws and regulations outlined in Code of Federal Regulations 40 CFR Part 264 Subpart G , incorporated by reference in Code of State Regulations 10 CSR 25-7.264 . We approve the plans during the hazardous waste permitting process.
Interim status facility owners and operators are also required to submit to us a closure plan and post-closure plan, if applicable. We must approve the plans before any cleanup activities begin. For more information on closure and post-closure for interim status facilities, please review 40 CFR Part 265 Subpart G , incorporated by reference in 10 CSR 25-7.265 .
What is the difference between Post-Closure and Corrective Action? In general, post-closure is related to contamination remaining after a regulated facility stops treatment, storage and disposal operations and closes the area. Corrective action relates to releases of hazardous chemicals into the environment at a hazardous waste treatment, storage and disposal facility caused by present or past hazardous waste and chemical handling practices.
All hazardous waste treatment, storage and disposal facilities are required to investigate and clean up hazardous waste pollution resulting from present and past hazardous waste and chemical handling practices. This includes releases of hazardous waste by previous owners of the facility. These cleanup activities, known as corrective action, reduce risks to human health and the environment.
Our Section and the program's Compliance and Enforcement Section are involved in overseeing the corrective action projects. We review the facilities investigation, monitoring and cleanup work plans and reports to make sure they follow the correct laws and standards found in Code of Federal Regulations 40 CFR Part 264 Subpart F , incorporated by reference in Code of State Regulations 10 CSR 25-7.264 .
Financial Assurance Reviews
The Missouri Hazardous Waste Management Law requires treatment, storage and disposal (TSD), Resource Recovery, PCB (Polychlorinated Biphenyl) and interim status facilities to show that they have enough money set aside to close their facility, cleanup any releases of hazardous waste or hazardous constituents and compensate third parties for bodily injury or property damage resulting from the releases. These funds must be available until all closure, post-closure care and corrective action activities are completed, depending on the type of facility. These funds must be available even if the facility declares bankruptcy.
The facility must submit to us closure and post-closure cost estimates along with their hazardous waste permit application. They must also submit financial assurance instrument documents describing where and how money will be available when needed for their specific activities. Our Section reviews each Missouri facility yearly to make sure that they have enough financial assurance to cover the cost estimates for their activities. For more information on financial assurance for permitted facilities, please review Code of Federal Regulations 40 CFR Part 264 Subpart H , incorporated by reference in Code of State Regulations 10 CSR 25-7.264 . For more information on financial assurance for interim status facilities, please review 40 CFR Part 265 Subpart H , incorporated by reference in 10 CSR 25-7.265 .
Public participation plays an important part in the hazardous waste permitting and corrective action processes. Not only does public input help our Section reach better technical solutions, but it can also help the facilities make better business and technical decisions. It allows members of the community to stay informed and have an active role in the decision-making process.
Each step in the hazardous waste permitting and corrective action process includes specific requirements for public participation. These requirements are outlined in Code of State Regulations 10 CSR 25-8.124. Our Section notifies the public of permitting activities through newspaper legal notices, radio announcements and news releases. Everyone listed on a specific facility's mailing list receives written notice on any major activities for that facility. The public is invited to review and send written comments on permit applications and draft permits. There are many opportunities for public participation that the facility and our Section organize as the occasions arise.