Mo. Code Regs. Ann. tit. 10, § 25-5.262
PURPOSE: This rule sets forth standards for generators of hazardous waste, incorporates 40 CFR part 262 by reference and sets forth additional state standards.
PUBLISHER’S NOTE: The publication of the full text of the material that the adopting agency has incorporated by reference in this rule would be unduly cumbersome or expensive. Therefore, the full text of that material will be made available to any interested person at both the Office of the Secretary of State and the office of the adopting agency, pursuant to section 536.031.4, RSMo. Such material will be provided at the cost established by state law.
(2) A generator, except as conditionally exempted in accordance with 10 CSR 25- 4.261, shall comply with the requirements of this section in addition to the requirements incorporated in section (1). Where contradictory or conflicting requirements exist in 10 CSR 25, the more stringent shall control. (Comment: This section has been organized so that all Missouri additions, changes or deletions to any subpart of the federal regulations are noted within the corresponding subsection of this section. For example, the additional storage standards which are added to 40 CFR part 262 subpart C are found in subsection (2)(C) of this rule.)
(A) Registration. The following registration requirements are additional requirements to 40 CFR part 262 subpart A:
a generator shall comply with the following requirements:
month or accumulating at any one time the quantities of hazardous waste specified in 10 CSR 25-4.261 and a transporter who is required to register as a generator under 10 CSR 25-6.263 shall register and is subject to applicable rules under 10 CSR 25-3.260–10 CSR 25-9.020 and 10 CSR 25-12.010; and
lizes a hazardous waste management facility within Missouri shall register before utilizing the facility;
storage, disposal or resource recovery facility who ships hazardous waste from the facility shall comply with this rule;
dure for registering:
ter shall file duplicate, completed registration forms furnished by the department;
also complete and file an updated generator registration form if the information filed with the department changes; and
tional information, including information concerning the nature and hazards associated with a particular waste or any information or reports concerning the quantities and disposition of any hazardous wastes as necessary to authorize storage, treatment or disposal and to ensure proper hazardous waste management.
Missouri. (Note: This section is not applicable to an out-of-state or international generator who is shipping hazardous waste through, in less than ten (10) days, but not depositing hazardous waste in Missouri. This subsection does not prevent a transporter from voluntarily carrying information in addition to the manifest. Any reference to the United States Environmental Protection Agency (EPA) form 8700-22 means the form as revised by EPA and approved by the federal Office of Management and Budget (OMB).
own set of instructions, these regulations do not allow the use of the continuation sheet, and these regulations require the manifest to be completed prior to shipping the hazardous waste off-site. Therefore, in 40 CFR 262.20(a), delete “and if necessary, EPA form 8700-22A” and substitute “Missouri manifest instructions” for “the Appendix to part 262.” Add the following at the end of the paragraph: “A generator shall record all information required in 40 CFR 262.20 prior to shipment. When a shipment involves the use of more than two (2) transporters or more than four (4) hazardous wastes, a generator must complete EPA 8700-22/MDNR-HWG 10 or EPA 8700-22 forms in accordance with this rule in lieu of EPA form 8700-22A (continuation sheet).”
forth in 40 CFR 262.20, the generator must record legibly the following additional information on the manifest prior to shipment and in accordance with instructions:
ifest document number, which is the six (6)- digit Missouri generator identification number and the consecutive shipment number;
state and zip code) if different from the mailing address of the shipment’s origin;
waste-carrying portion of the vehicle used to transport waste, including the state of registration;
cation number(s) assigned by the department and telephone number(s).
identification number if the designated facility is located in Missouri and the telephone number of the receiving facility;
ber(s) for each waste material being shipped. If the waste(s) being shipped is a mixture of different EPA hazardous waste types as listed in 10 CSR 25-4.261, each EPA hazardous waste type found within the mixture shall be identified by its respective EPA hazardous waste number;
the hazardous waste is 2,3,7,8- Tetrachlorodibenzo-p-dioxin (TCDD) as listed in 10 CSR 25-4.261(2)(D)3.;
the hazardous waste is a used oil as described at 10 CSR 25-11.279(2)(I)1.B.; and
or pounds or the specific gravity for wastes listed or measured in gallons, liters or cubic yards.
the Missouri/EPA form 8700-22/MDNR- HWG 10 and who copies or prints his/her own uniform manifest forms is subject to the following requirements in addition to the requirements of 40 CFR 262.21:
form is printed so that there is no displacement of information or alteration of the form;
and attach the instruction sheets to the manifest form;
be added to the manifest form or instruction sheets in accordance with subparts (a) and (b) of 40 CFR part 262.21 and as follows:
may be printed on the forms or instruction sheets except that the certification signature and acceptance signatures shall be handwritten and shall not be printed or stamped on the manifest; and
treatment, storage or disposal information, and bill of lading information may be printed in the special handling instructions and additional information space or, if necessary, on the back of the manifest form;
al company information may be printed in the margin or on the back of the manifest form. The manifest shall be marked for copy distribution as follows: First page (original)—to the department; Second page—generator file copy; Third page—treatment, storage or disposal facility final copy; Fourth page—transporter number one; Fifth page—optional (second transporter, other state); and Sixth page—generator (shipment confirmation); and
umn in item 11 may be printed in accordance with United States Department of Transportation regulations in 49 CFR 172.201, March 20, 1984. Organizational marks such as light lines or line identifiers are permitted to facilitate proper character placement of information.
ments for the use of the Missouri manifest or another state’s manifest in different situations.
posits hazardous waste out of Missouri but not in a foreign country shall use the receiving state’s form equivalent to the EPA form 8700-22, if that state supplies and requires its use. Although another state’s form is used, the generator shall record Missouri information on that state’s manifest as specified under paragraph (2)(B)2. of this rule.
hazardous waste in another state and not a foreign country and the receiving state does not supply or require use of a specific state manifest, the generator shall acquire from the department and use the EPA 8700- 22/MDNR-HWG 10 form except as provided otherwise in paragraph (2)(B)3. of this rule.
ardous waste into Missouri from a foreign country or who generates hazardous waste in Missouri and exports this hazardous waste to a foreign country shall acquire from the department and use the EPA 8700- 22/MDNR-HWG 10 form except as provided otherwise in paragraph (2)(B)3. of this rule.
out-of-state generator who deposits hazardous waste in Missouri shall acquire from the department and use the EPA 8700- 22/MDNR-HWG 10 form except as provided otherwise in paragraph (2)(B)3. of this rule.
completed manifest be submitted to the department by an authorized representative of the generator. Therefore, in 40 CFR 262.22, substitute “two (2) copies” for “another copy.”
sets forth additional requirements for manifest reporting. The generator shall contract with the designated facility to return the completed manifest to the generator within thirtyfive (35) days after the hazardous waste was accepted by the initial transporter. A generator, in addition to this requirement, and where applicable under paragraph (2)(D)2. of this rule, shall file exception reports.
(C) Pretransport, Containerization and Labeling Requirements.
waste is accumulated in storage on-site, generators shall package, mark and label hazardous waste containers in compliance with the requirements of 40 CFR 262.32 and 40 CFR part 262 subpart C, as incorporated and modified within these regulations. The generator is not required to mark the manifest document number for the shipment on the container until it is prepared for off-site shipment.
ments for storage of hazardous waste based on the quantity of waste generated or accumulated.
sions of this rule to the contrary, a person who generates one hundred kilograms (100 kg) or more, but fewer than one thousand kilograms (1000 kg) of nonacute hazardous waste in a calendar month may store these hazardous wastes in quantities, according to time frames and under the conditions specified in 40 CFR 262.34(d) as incorporated in this rule. However, upon accumulating one thousand kilograms (1000 kg) of nonacute hazardous waste, the generator must also comply with 40 CFR 262.34(a)(1) incorporated in this rule rather than 40 CFR 262.34(d)(3) incorporated in this rule, 40 CFR part 265 subpart D as incorporated in 10 CSR 25-7.265(1) and modified in 10 CSR 25-7.265(2)(D) rather than 40 CFR 262.34(d)(5) incorporated in this rule, and 40 CFR 265.16 as incorporated in 10 CSR 25- 7.265(1) and modified in 10 CSR 25- 7.265(2)(D) in addition to the requirements of 40 CFR 262.34(d) incorporated in this rule.
gram (1 kg) of acutely hazardous waste defined by or listed in 10 CSR 25-4.261 or one gram (1 g) of 2,3,7,8-TCDD or one thousand kilograms (1000 kg) of nonacute hazardous waste, or an aggregate of one thousand kilograms (1000 kg) of hazardous waste, as listed in 10 CSR 25-4.261 shall comply with 40 CFR 262.34(a) and (b) as incorporated in this rule.
In addition to the requirements in 40 CFR Part 262, a generator shall also comply with the following requirements.
spect his/her facility for malfunction, deterioration, or both, operator error and any evidence of discharges which may be causing or could cause the release of hazardous waste constituents to the environment or could pose a threat to human health. The owner/operator shall conduct these inspections often enough to identify and correct any problems of that nature before they cause harm to human health or the environment.
vary for the items that require inspection. However, it should be based on the rate of possible deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the terms and frequencies set forth in the applicable regulations in 40 CFR 265.174 and 40 CFR 265.195, incorporated in 10 CSR 25- 7.265; and
edy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.
tainers. This subparagraph sets forth additional requirements for storage of hazardous waste in containers.
have a containment system that is designed and operated in accordance with part (2)(C)2. D.(III) of this rule, except as provided in part (2)(C)2.D.(II) of this rule.
tainers holding only wastes that do not contain free liquids or storage areas that store less than one thousand kilograms (1000 kg) of nonacute hazardous waste containing free liquids need not have a containment system as described in part (2)(C)2.D.(I) of this rule, provided that the storage area is sloped or is otherwise designed and operated to drain and remove liquid resulting from precipitation, or the containers are elevated or are otherwise protected from contact with accumulated liquid.
designed, maintained and operated as follows:
include a base which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills and accumulated precipitation until the collected material is detected and removed. The base shall be under the container;
the containment system shall be designed and operated to drain and remove liquids resulting from leaks, spills or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids;
have a capacity equal to ten percent (10%) of the containerized waste volume or the volume of the largest container, whichever is greater. (Containers that do not contain free liquids need not be considered in this calculation);
system shall be prevented unless the collection system has sufficient excess capacity in addition to that required in subpart (2)(C)2.B.(III)(c) of this rule to contain any run-on which might enter the system; and
accumulated precipitation shall be removed from the sump or collection area as necessary to prevent overflow of the collection system.
also be inspected as part of the weekly inspections required by 40 CFR 265.174 as incorporated in 10 CSR 25-7.265.
forth additional requirements for storage of hazardous waste in tanks. Additional requirements set forth in paragraph (2)(C)2. apply to storage of hazardous waste in tank systems.
reactive, incompatible or volatile wastes.
vapor pressure of greater than seventy-eight millimeters (78 mm) of mercury at twentyfive degrees Celsius (25°C) shall not be placed in an open tank.
precautions to prevent accidental ignition or reaction of ignitable or reactive waste. These hazardous wastes shall be separated and protected from sources of ignition or reaction including, but not limited to, open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical or mechanical), spontaneous ignition (that is, from heat-producing chemical reactions) and radiant heat. While ignitable or reactive waste is being handled, the owner/operator shall confine smoking and open flame to specially designated locations. No Smoking signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
addition to the required equipment specified in 40 CFR 265.32, incorporated in 10 CSR 25-7.265, a generator shall also provide safety equipment such as fire blankets, gas masks and self-contained breathing apparatus.
the requirements in 40 CFR 262.34(c), the generator shall comply with the following requirements: Within one (1) year from the date satellite storage begins, irrespective of the quantity of hazardous waste in the satellite storage area, the hazardous waste shall be transferred to the area where hazardous waste is stored during the ninety (90)-, one hundred eighty (180)-, two hundred seventy (270)-day storage period. And in 40 CFR 262.34(c)(1)(ii), add the words “Mark his containers either with the words ‘Hazardous 10 CSR 25-5
Waste’ or with other words that identify the contents of the containers and the beginning date of satellite storage.”
porated in this rule.
CFR 262.34(d), a generator, upon generating one thousand kilograms (1000 kg) of nonacute hazardous waste, in a calendar month or accumulating one thousand kilograms (1000kg) of nonacute hazardous waste, shall comply with paragraph (2)(C)2. of this rule.
requirements for ignitable or reactive waste set forth in 40 CFR 265.176 incorporated in 10 CSR 25-7.265 and, therefore, the following language in 40 CFR 262.34(d)(2) is not incorporated in this rule: “except the generator need not comply with subsection 265.176.”
area, the generator shall remove and properly dispose of all hazardous waste and hazardous residues. For the purpose of this paragraph, closure shall occur when the storage of hazardous wastes has not occurred or is not expected to occur for one (1) year.
(D) Record Keeping and Reporting. In addition to requirements in 40 CFR 262.40, generators shall retain registration information required in subsection (2)(A) of this rule and the summary manifest report required in paragraph (2)(D)1. of this rule for no fewer than three (3) years. The period of record retention referred to in 40 CFR 262.40(d) begins the day the initial transporter signs the manifest. The period of record retention referred to extends upon the written requests of the department or automatically during the course of any unresolved enforcement action regarding the regulated activity.
ments for quarterly manifest summary reports.
register in accordance with subsection (2)(A) of this rule shall complete a manifest summary report. The manifest summary report shall be completed on a form provided by the department or on a reproduction of the form provided by the department or in the same format as the form provided by the department.
ardous wastes or who make only one (1) shipment of hazardous waste during the entire reporting year, July 1 through June 30, or are defined as a small quantity generator for the entire reporting year, may file an annual report by August 15 following the reporting year period. However persons who are defined as a large quantity generator and have more than one (1) shipment of hazardous waste during the reporting years shall file quarterly.
the department shall report the quantity, type and status of all hazardous waste(s) shipped off-site during the reporting period on the manifest summary report regardless of the destination of the shipment(s). A generator who is located out of Missouri shall only report the quantity, type and status of hazardous waste(s) shipped to any designated facility located in Missouri on the manifest summary report.
shall be signed and certified by an authorized representative as defined in 40 CFR 260.10 incorporated by reference in 10 CSR 25-3. The certification statement shall read as follows: “CERTIFICATION: I certify under penalty of law that I personally examined and am familiar with the information submitted on this form and all attached documents and, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.” The handwritten signature of the authorized representatives shall follow this certification.
completed summary manifest report, including the appropriate completed manifest documents as indicated in the manifest instructions, within forty-five (45) days after the end of each reporting period. The reporting periods and submittal dates are as follows: January 1 through March 31, with a submittal date of May 14 of the same year; April 1 through June 30, with a submittal date of August 14 of the same year; July 1 through September 30, with a submittal date of November 14 of the same year; and October 1 through December 31, with a submittal date of February 14 of the following year.
mation required in 40 CFR 261.4(e)(2)(v)(C) incorporated by reference in 10 CSR 25- 4.261(1) to the department along with the completed manifest summary report.
is not incorporated in this rule. In lieu of those requirements, a generator shall comply with the following requirements:
designated facility to return the completed manifest to the generator within thirty-five (35) days after the date the waste was accepted by the initial transporter. A generator, in addition to the requirements of this subsection, shall comply with manifest reporting requirements in paragraph (2)(B)6. of this rule;
a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within thirty-five (35) days of the date the waste was accepted by the initial transporter shall contact the transporter, the owner, or both, or operator of the designated facility to determine the status of the hazardous waste;
the completed manifest with the handwritten signature of the designated facility operator within thirty-five (35) days from the date the waste was accepted by the initial transporter shall submit a completed exception report to the department within forty-five (45) days from the date the waste was accepted by the initial transporter; and
pleted on the exception report form provided by the department or in a format which shall include the following: the generator’s EPA identification number (if applicable), the Missouri generator identification number and the generator’s name, address and telephone number; the name, address, phone number, EPA identification number (if applicable) and Missouri transporter license number for each transporter; the EPA identification number of the facility (if applicable), the Missouri facility identification number, the facility telephone number and the designated facility’s name and address; the Missouri and EPA hazardous waste manifest document numbers followed by the date of shipment; the waste description and EPA waste code identification number as listed in 10 CSR 25-4 for each hazardous waste appearing on the manifest; the total quantity of each hazardous waste and the appropriate abbreviation for units of measure as follows: G—gallons (liquids only); P—pounds; T—tons (2000 lbs.); Y—cubic yards; L—liters (liquids only); K—kilograms; M—metric tons (1000 kg); N—cubic meters; the following certification statement, signed and dated by an authorized representative of the generator: “I have personally examined and am familiar with the information submitted on this form. I hereby certify that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information which includes fine and imprisonment”; a legible copy of the manifest document originated by the generator and signed by the initial transporter which was retained by the generator and for which the generator does not have confirmation of delivery; and a cover letter signed by the generator or his/her authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts. The director may require a generator to furnish additional reports concerning the quantities and disposition of wastes identified or listed in 10 CSR 25-4.261 as the director deems necessary under section 260.375(7), RSMo.
quantity generators. 40 CFR 262.44 is not incorporated in this rule.
(F) Imports of Hazardous Waste. The United States importer shall also comply with the following requirements:
ments specified in this section, the United States importer shall register as generator in accordance with this section and shall be responsible for compliance with all applicable requirements specified in this section. The United States importer shall register with the department as a generator, and four (4) weeks in advance of the date the waste is expected to enter the United States, shall specifically identify hazardous waste(s) intended to be imported by their EPA waste number(s) found in 40 CFR 261 and this section; and
and maintain the following information on each shipment which is imported and make available upon departmental request:
ment of multi-generator wastes, the individual original foreign generator’s names and addresses and the wastes’ technical chemical names from each source;
imported source; and
in 40 CFR 261 and this section which are applicable to the waste(s) from each source.
AUTHORITY: sections 260.370, RSMo Supp. 1997 and 260.380, RSMo 1994.* This rule was previously filed as 10 CSR 25-5.010. Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended: Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended: Filed Feb. 14, 1992, effective Dec. 3, 1992. Amended: Filed Jan. 5, 1993, effective Aug. 9, 1993. Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended: Filed June 1, 1998, effective Jan. 30, 1999. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995 and 260.437, RSMo 1983, amended 1995.