A Remedial Action Plan (RAP) is a list of conditions a company must follow in order to treat, store or dispose of hazardous remediation waste at a remediation waste management site in Missouri. Hazardous remediation waste is waste, soil, water or debris that was produced during a hazardous waste cleanup activity and contains listed hazardous waste or exhibits a hazardous waste characteristic. Treatment units that use combustion of hazardous remediation wastes at a remediation waste management site are not eligible for RAPs. 

A RAP may be a stand-alone document or may be part of another document, such as a hazardous waste permit or remedy decision document used in the corrective action process. If your facility already has a Hazardous Waste Permit, the RAP must be approved as a modification to your existing permit.

For information about draft permits currently on public notice or public meetings and hearings scheduled for any permits under review, visit Waste and Recycling Public Notices.

Length of Permit

Up to 10 years.

Laws, Rules and Regulations

How to Apply

Application

When a facility or remediation waste management site is owned by one person, but the treatment, storage or disposal activities are operated by another person, it is the operator’s duty to obtain the RAP. The operator completes the following documents.

Both the owner and operator must sign all application forms and paperwork. Submit the information to the department.

Identification Numbers

Federal regulations require treatment, storage and disposal facilities to obtain an EPA Identification (EPA ID) number. Applicants submit a completed Site Identification Form (EPA Form 8700-12) to the Missouri Department of Natural Resources. The department will use your registration information to issue the state and federal identification numbers: EPA Identification Number and Missouri Identification Number. For more information visit EPA's How Hazardous Waste Generators, Transporters and Treatment, Storage and Disposal Facilities Can Obtain EPA Identification Numbers webpage.

Fees

No required fees.

Timeline/ Process

The following steps are taken after a RAP application is submitted, regardless if it is the initial RAP or a renewal. 

Step 1 - Review: The department reviews the application to make sure all required information is included and it meets the regulatory standards. The department will request additional information if the application is not complete, which will delay the review process. 

Step 2 - Draft RAP: The department determines whether to prepare a draft RAP or a notice of intent to deny the RAP application. A draft RAP is prepared if the application is complete, technically adequate and meets all applicable legal, regulatory and engineering requirements. The department will also prepare a Statement of Basis that briefly describes the reasons to denial or approve the RAP. 

Step 3 - Public Comment Period: The department invites the public to review the draft RAP or notice of intent to deny and submit written comments during a 45-day public comment period. If the department receives any public comments in opposition of its intentions, the department must hold an informal public hearing to discuss issues related to the approval or denial. The hearing will provide an opportunity for the public to provide additional written or oral comments.

Step 4 - Final RAP: After the close of the public comment period, the department reviews all written comments and any comments given at the public hearing, if one was held. If no public comments were received, the draft decision is finalized as written. If substantive legal, technical or regulatory issues are brought up by the public comments, the department may change the RAP requirements or deny the final RAP altogether. In either case, the department prepared either a final decision to deny the RAP or issue the final RAP.

Public Participation

Public Participation During the RAP Process
StageTriggerRequired Activities
Draft RAP IssuanceThe department issues a draft RAP or a notice of intent to deny the RAP application.

The department notifies the public through a newspaper legal notice and radio announcement, and places the draft decision, fact sheet or Statement of Basis and supporting documents in a local library for public review. The department also publishes the notice on its website, along with the draft decision and fact sheet or Statement of Basis.

A 45-day public comment period begins the day the newspaper publishes the notice. During the public comment period, anyone can request a public meeting or public hearing about the draft RAP or notice of intent to deny.

Final RAP IssuanceThe department issues a final RAP or a final decision to deny the RAP application.The department notifies anyone who commented on the draft RAP of the final decision and provides a Response to Comments received during the public comment period. The department publishes the final decision and Response to Comments on its website.

Appeal Procedures

Anyone who is adversely affected or aggrieved by the department's decision to issue, deny, suspend or revoke a RAP may be entitled to pursue an appeal before the Administrative Hearing Commission. The petition must be filed with the commission within 30 days of the decision, according to the procedures outlined in 10 CSR 25-2.020 and sections 260.395.11 and 621.250, RSMo. For more information, please review the Administrative Hearing Commission's Frequently Asked Questions webpage.

Requirements

Reporting

Both the owner and the operator must sign any required reports. The facility is required to keep records of all data used to complete the RAP applications and any supplemental information that is submitted for a period of at least three years from the date of application is signed. The department may require the facility to maintain additional records as a condition of the RAP.  

Renewal

RAPs may be renewed, with the department approval, for as long as the activity continues. To renew the RAP, the owner and operator follow the same application process as outlined for the initial plan.

Resources

RAP Modifications and Revocations

The RAP can be modified at the company's request, or at the department's request if one of the reasons listed in 40 C.F.R. § 270.175 exist. The department may revoke and reissue or terminate the RAP for the same reasons listed for RAP modification.

If the RAP is a stand-alone document, the final RAP will specify the the procedures for future modifications, revocations or termination of the RAP. If incorporated into a hazardous waste permit, the RAP can be modified or revoked according to the applicable requirements of the permit. For more information, visit Hazardous Waste Permit.

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