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

The department's Solid Waste Management Program is going through a rule revision to adopt the Federal CCR rules 40 CFR 257. This proposed CCR rule revision will allow Missouri to maintain state control of a CCR program.

Senate Bill 917 was truly agreed and passed during the 2017/2018 legislative session and modified 260.242 RSMo. The revised statute requires the department to “propose for promulgation a state CCR program”. The department intends to file a proposed rulemaking for amendment of 10 CSR 80-2.010 Definitions and 10 CSR 80-11.010 Utility Waste and Coal Combustion Residual Landfills and a to add new rule 10 CSR 80-12.010 Coal Combustion Residual Impoundments by the date required by 260.242 RSMo.

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.

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 will be published in the Missouri Register on Feb. 1, which will also start the formal public comment period. The formal public hearing is scheduled for 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 will conclude on March 28.

As requested, we are providing draft copies of the proposed rules. Please understand that these are intended for discussion only and not for formal comment. Formal comments should be based on the rules published in the Missouri Register.

10 CSR 80-2.010 Proposed Rule Draft Text
10 CSR 80-11.010 Proposed Rule Draft Text
10 CSR 80-12.010 Proposed Rule Draft Text

Formal comments should be made after Feb. 1 for the specific rule using the department's Regulatory Action Tracking System.

Additionally, in an effort to ensure all comments are thoroughly considered, we plan to hold at least one informal listening session prior to the formal public hearing in February and possibly another in early March. Written comments will be received during these listening sessions.

We have tentatively scheduled the first listening session for Feb. 5 from 9 a.m. until noon in the Bennett Springs Conference Room at 1730 East Elm Street in Jefferson City.

Nov. 2, 2017, Stakeholder Meeting

Sept. 20, 2017, Stakeholder Meeting