Proposed 10 CSR 80-3.010 Solid Waste Disposal Area

As part of the red tape reduction initiative, we have combined Chapter’s 3 and 4 into Chapter 3 and renamed it as “Solid Waste Disposal Area” In the spirit of the red tape reduction initiative, we also removed restrictions and worked to streamline the regulations.

Coal Combustion Residuals

On April 17, 2015, EPA published its final rule governing disposal of coal combustion residuals (CCR) produced by electric utilities. The rule became effective on Oct. 19, 2015. This rule regulates CCR from electric utilities as a non-hazardous solid waste under Subtitle D of the Resource Conservation and Recovery Act (RCRA). This white paper discusses the role of several departmental programs in administering and enforcing Missouri Revised Statutes as they pertain to CCR management and disposal.

CCR Rule Development

Senate Bill 917 was truly agreed and passed during the 2017/2018 legislative session and modified 260.242 RSMo. The revised statute required the department to “propose for promulgation a state CCR program”.

Dec. 31, 2018, Filing of Proposed Rules

The Missouri Department of Natural Resources filed the proposed rulemaking for 10 CSR 80-2.010 Definitions, 10 CSR 80-11.010 Utility Waste and Coal Combustion Residuals Landfills and 10 CSR 80-12.010 Coal Combustion Residuals Surface Impoundments on Dec. 31, 2018. The rules were published in the Missouri Register on Feb. 1, which was the start of the formal public comment period. The formal public hearing was conducted on March 21 in the LaCharrette Conference Room in the Lewis and Clark State Office Building at 1101 Riverside Drive in Jefferson City. The formal public comment period concluded on March 28. Numerous comments were received including comments from the Environmental Protection Agency (EPA).

May 24, 2019 Withdrawl of Proposed State CCR Rules

As a result of the uncertainty created by the ongoing federal litigation and the likelihood that the federal CCR regulations will be amended in the near future, the department withdrew the proposed state CCR regulations on May 24, 2019. The department intends to pursue this rulemaking at a future date, with the exact location and timing to be determined based on the status of litigation concerning the federal CCR regulations, any additional amendments of those regulations, and stakeholder feedback.

The department welcomes your comments to help ensure that the regulations provide required protections but do not add unneeded costs. Thank you for your interest. If you have questions, call 573-526-3940.