PURPOSE: This rule incorporates and modifies the federal regulations in 40 CFR part 264 by reference and sets forth additional state requirements.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) The regulations set forth in 40 CFR part 264, July 1, 2013, as published by the Office of the Federal Register, National Archives and Records Administration, Superintendent of Documents, Pittsburgh, PA 15250-7954, are incorporated by reference. This rule does not incorporate any subsequent amendments or additions. Except as provided otherwise in this rule, the substitution of terms set forth in 10 CSR 25-3.260(1)(A) shall apply in this rule in addition to any other modification set forth in section (2) of this rule. Where conflicting rules exist in 10 CSR 25, the more stringent shall control.

2. (2) The owner or operator of a permitted hazardous waste treatment, storage, or disposal facility shall comply with this section in addition to the regulations of 40 CFR part 264. In the case of contradictory or conflicting requirements, 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 requirements to be added to 40 CFR part 264 subpart E are found in subsection (2)(E) of this rule.)

   1. (A) General. This subsection sets forth requirements which modify or add to those requirements in 40 CFR part 264 subpart A.

      1. 1. A treatment permit is not required

under this rule for a resource recovery process that has been certified by the department in accordance with 10 CSR 25-9.020. Storage of hazardous waste prior to resource recovery must be in compliance with this rule.

1. (B) General Facility Standards. (Reserved)
2. (C) Preparedness and Prevention. (Reserved)

3. (D) Contingency Plan and Emergency Procedures. This subsection sets forth requirements which modify or add to those requirements in 40 CFR part 264 subpart D.

   1. 1. The government official described in

40 CFR 264.56(d)(2) incorporated in this rule as the on-scene coordinator shall be contacted and further identified in the report as one (1) of the following:

1. A. The department’s Emergency

Response Coordinator (573) 634-2436 or (573) 634-CHEM;

1. B. The EPA Region VII Emergency

Planning and Response Branch (913) 236- 3778; or

1. C. The National Response Center

identified in 40 CFR 264.56(d)(2), incorporated in this rule.

1. (E) Manifest System, Record Keeping, and Reporting. This subsection sets forth requirements which modify or add to those requirements in 40 CFR part 264 subpart E.

   1. 1. Missouri requires an original copy of

the manifest to be submitted to the department by all instate and out-of-state treatment, storage, or disposal facilities (TSDFs) in accordance with 40 CFR 264.71(e).

1. 2. The owner or operator of a hazardous

waste management facility shall submit a report to the department as set forth in this paragraph.

1. A. All owners or operators shall com-

ply with the reporting requirements in 10 CSR 25-5.262(2)(D) regardless of whether the owner or operator is required to register as a generator pursuant to 10 CSR 25- 5.262(2)(A)1.

1. B. In addition to the requirements in

10 CSR 25-5.262(2)(D) for hazardous waste generated on-site and shipped off-site for treatment, storage, resource recovery, or disposal, the owner or operator shall meet the same requirements for the following:

1. (I) All hazardous waste generated

on-site during the reporting period that is managed on-site; and

1. (II) All hazardous waste received

from off-site during the reporting period, including hazardous waste generated by another generator and hazardous waste generated at other sites under the control of the owner or operator.

1. C. In addition to the information

required in 10 CSR 25-5.262(2)(D), an owner or operator shall include the following information in the summary report:

1. (I) A description and the quantity

of each hazardous waste that was both generated and managed on-site during the reporting period;

1. (II) For each hazardous waste that

was received from off-site, a description and the quantity of each hazardous waste, the corresponding state, and EPA identification numbers of each generator;

1. (III) For imports, the name and

address of the foreign generator;

1. (IV) The corresponding method of

treatment, storage, resource recovery, disposal, or other approved management method used for each hazardous waste;

1. (V) The quantity and description of

hazardous waste residue generated by the facility; and

1. (VI) A summary of both quantita-

tive and qualitative groundwater monitoring data that was received during the reporting period, as required in 40 CFR part 264 subpart F incorporated in this rule and subsection (2)(F) of this rule. (Comment: This does not change the frequency of monitoring required by rules or in specific permit conditions. It only changes the frequency of reporting.)

1. 3. As outlined in section 260.380.2,

RSMo, all owners or operators shall pay a fee to the department of two dollars ($2) per ton or portion thereof for any and all hazardous waste received from outside of Missouri. This fee shall be referred to as the Out-of- State Waste Fee and shall not be paid on hazardous waste received directly from other permitted treatment, storage, and disposal facilities located in Missouri.

1. A. For each owner or operator, this fee

shall be paid on or before January 1 of each year and shall be based on the total tons of hazardous waste received in the aggregate by that owner or operator for the twelve- (12-) month period ending the previous June 30. As outlined in section 260.380.4, RSMo, failure to pay this fee in full by the due date shall result in imposition of a late fee equal to fifteen percent (15%) of the total original fee. Each twelve- (12-) month period ending on June 30 shall be referred to as a reporting year.

1. B. Owners or operators may elect, but

are not required, to pay this fee on a quarterly basis at the time they file the reporting required in subparagraphs (2)(E)3.B. and C. of this rule. If they do not choose to pay the fee quarterly, owners or operators may elect, but are not required, to pay the fee at the time they file their final quarterly report of each reporting year. However, the total fee for each reporting year must be paid on or before January 1 immediately following the end of each reporting year. EXAMPLES OF OUT-OF-STATE WASTE FEE CALCULATION

Example 1. ABC Company reports receiving 250 tons of hazardous waste from outside of Missouri:

$2 × 250 tons = $500 fee

Example 2. ABC Company reports receiving 410.6 tons of hazardous waste from outside of Missouri. The number of tons would be rounded to 411:

$2 × 411 tons = $822 fee

Example 3. ABC Company reports receiving 52,149.3 tons of hazardous waste from outside of Missouri. The number of tons would be rounded to 52,150:

$2 × 52,150 tons = $104,300 fee

1. (F) Releases From Solid Waste Management Units. (Reserved)
2. (G) Closure and Post-Closure. (Reserved)
3. (H) Financial Assurance Requirements. (Reserved)

4. (I) Containers. This subsection sets forth requirements in addition to 40 CFR part 264 subpart I incorporated in this rule.

   1. 1. Containers storing hazardous waste

must be labeled in accordance with 10 CSR 25- 5.262(2)(C) during the entire storage period.

1. 2. Containers holding ignitable or reac-

tive waste that are stored outdoors or in buildings not equipped with sprinkler systems shall be located at least fifty feet (50') from the facility’s property line.

1. 3. Containers holding ignitable or reac-

tive waste that are stored indoors shall be located at least fifty feet (50') from the facility’s property line unless the following requirements are satisfied:

1. A. Exposing walls that are located

more than ten feet (10') but less than fifty feet (50') from a boundary line of adjoining property that can be built upon shall have a fire-resistance rating of at least two (2) hours, with each opening protected by an automatically-closing listed one and one-half- (1.5-) hour (B) fire door;

1. B. Exposing walls that are located less

than ten feet (10') from a boundary line of adjoining property, that can be built upon, shall have a fire-resistance rating of at least four (4) hours, with each opening protected by an automatically-closing listed three- (3-) hour (A) fire door (Comment: All fire doors, closure devices, and windows shall be installed in accordance with the National Fire Protection Agency (NFPA) Code 80, Standards for Fire Doors and Windows, 1995 edition);

1. C. The construction design of exteri-

or walls shall provide ready accessibility for fire-fighting operations through the provision of access openings, windows, or lightweight noncombustible wall panels;

1. D. Container storage areas shall be

provided with automatic fire suppression systems designed and installed in accordance with the NFPA 14 (1996 edition), NFPA 15 (1996 edition), NFPA 16 (1995 edition), NFPA 16A (1994 edition), NFPA 17 (1998 edition), NFPA 17A (1998 edition), NFPA 18 (1995 edition), NFPA 20 (1996 edition), NFPA 22 (1996 edition), and NFPA 24 (1995 edition) standards. Final design of these systems shall be approved by a qualified, registered professional engineer in Missouri;

1. E. Each container storage area shall

have preconnected hose lines capable of reaching the entire area. The fire hose shall be either a one and one-half inch (1.5") line or a one inch (1") hard rubber line. Where a one and one-half inch (1.5") fire hose is used, it shall be installed in accordance with NFPA 14 (1996 edition). Hand-held fire extinguishers rated for the appropriate class of fire shall be available at each storage area;

1. F. Only containers meeting the require-

ments of, and containing products authorized by, Chapter I, Title 49 of the Code of Federal Regulations (DOT Regulations) or NFPA 386, Standard for Portable Shipping Tanks shall be used;

1. G. All storage of ignitable or reactive

materials shall be organized in a manner which will not physically obstruct a means of egress. Materials shall not be placed in a manner that a fire would preclude egress from the area. Evacuation plans shall recognize the locations of any automatically-closing fire doors;

1. H. All containers shall be arranged so

there is a minimum aisle space of four feet (4') between rows, allowing accessibility to each individual container. Double rows can be utilized. Containers shall not be stacked or placed closer than three feet (3') from ceilings or any roof members, or both; and

1. I. Explosive gas levels in the facility

shall be monitored continuously. If the facility is not manned twenty-four (24) hours per day, a telemetry system shall be provided to alarm designated response personnel. 10 CSR 25-7

1. (J) Tanks. (Reserved)
2. (K) Surface Impoundments. (Reserved)
3. (L) Waste Piles.(Reserved)
4. (M) Land Treatment. (Reserved)
5. (N) Landfills.(Reserved)
6. (O) Incinerators.(Reserved)
7. (P) (Reserved)
8. (Q) (Reserved)
9. (R) (Reserved)
10. (S) Corrective Action for Solid Waste Management Units. (Reserved)
11. (T) (Reserved)
12. (U) (Reserved)
13. (V) (Reserved)
14. (W) Drip Pads. 40 CFR part 264 subpart W is not incorporated by reference.
15. (X) Miscellaneous Units. (Reserved)
16. (Y) (Reserved)
17. (Z) (Reserved)
18. (AA) Air Emission Standards for Process Vents. (Reserved)
19. (BB) Air Emis sion Stand ards for Equip - ment Leaks. (Reserved)
20. (CC) Air Emission Standards for Tanks, Surface Impoundments, and Containers. (Reserved)
21. (DD) Containment Buildings. (Reserved)
22. (EE) Hazardous Waste Munitions and Explosive Storage. (Reserved)

1. (3) Permitted hazardous waste TSD facilities that accept and/or ship hazardous waste via railroad tank car (railcar) shall comply with the requirements for container storage in 40 CFR part 264 subpart I, as incorporated by reference in 10 CSR 25-7.264(1), or the following requirements for railcar management.

   1. (A) The owner or operator shall submit a railcar management plan with the application for a hazardous waste treatment, storage, or disposal facility permit. Permitted facilities that currently accept and/or ship hazardous waste via railcars shall request a Class I permit modification that requires prior director approval for the railcar management plan according to the procedures defined in 40 CFR 270.42 as incorporated in 10 CSR 25- 7.270(1).

      1. 1. The railcar management plan shall

describe steps to be taken by the facility in order to comply with the requirements of subsections (3)(B)–(3)(F).

1. 2. The railcar management plan shall be

maintained at the facility.

1. (B) Railcars shall not be used as container or tank storage units at a facility unless the owner or operator complies with the standards for container storage set forth in 40 CFR part 264 subpart I as incorporated in this rule and 40 CFR 270.15 as incorporated in 10 CSR 25-7.270. During the time allowed for loading and unloading as set forth in this section, the railcar shall not be considered to be in storage.

   1. 1. The owner or operator shall ship haz-

ardous wastes loaded onto a railcar within seventy-two (72) hours after loading is initiated. For the purposes of this section, shipment occurs when—

1. A. The transporter signs and dates the

manifest acknowledging acceptance of the hazardous waste;

1. B. The transporter returns a signed

copy of the manifest to the facility; and

1. C. The railcar crosses the property

boundary line of the TSD facility.

1. 2. The owner or operator shall have a

maximum of ten (10) days following receipt of a shipment to unload hazardous waste from incoming railcars. The amount of time allowed for unloading shall be specified in the approved railcar management plan for each facility as part of the permit. The department will review and approve each railcar management plan on a case-by-case basis and will base its decision regarding the time allowed for unloading on factors including, but not limited to, the size of the rail siding, surveillance and security standards, enclosure of the facility, type, and amount of emergency response equipment, and the facility’s capacity to handle incidents. Unless more time is allowed by an approved railcar management plan, the owner or operator shall unload hazardous waste from an incoming railcar within seventy-two (72) hours of receipt of the shipment. For the purposes of this section, receipt of the shipment occurs when—

1. A. The owner or operator signs the

shipping paper; or

1. B. The owner or operator signs the

manifest; or

1. C. The railcar crosses the property

boundary line of the TSD facility.

1. 3. The time limits in this subsection may

be extended for up to an additional twentyfour (24) hours for Saturdays, Sundays, or public holidays as defined in section 9.010, RSMo, that fall within the time period approved in the railcar management plan.

1. 4. If the owner or operator finds that a

railcar shipment must be rejected, the railcar shall be shipped within twenty-four (24) hours of that determination, or within the time period approved in the railcar management plan, whichever is later. The rejection and the reasons for the rejection shall be documented in the facility’s operating record.

1. 5. The owner or operator shall attempt to

arrange for the rail carrier to provide the owner or operator a notification detailing when a railcar was picked up from the facility or when a railcar was delivered to the facility. If the rail carrier declines to enter into such arrangements, the owner or operator must document the refusal in the operating record. The time limitations set forth in this subsection must be documented by recording dates and times in the facility’s operating record.

1. 6. If the loading and unloading time

frames specified in this section are exceeded, then the owner or operator utilizing railcars shall comply with the standards for container storage in 40 CFR part 264 subpart I, as incorporated in this rule, and with 40 CFR 270.15, as incorporated in 10 CSR 25-7.270.

1. (C) The owner or operator shall comply with 40 CFR 264.17, incorporated in this rule, during railcar loading and unloading. Additional specific precautions to be taken shall include facility design, construction, operation and maintenance standards as specified in “Loading and Unloading Operations: Tank Vehicles and Tank Cars” in section 5- 4.4.1 of the 1993 Edition of the National Fire Protection Association Flammable and Combustible Liquids Code (NFPA 30).
2. (D) The owner or operator shall provide security for railcars at the facility by utilizing one of the alternatives specified in 40 CFR 264.14(b), as incorporated in this rule. If the owner or operator demonstrates that it is not practical to provide security for railcars at the facility as specified in 40 CFR 264.14(b), incorporated in this rule, railcars shall be secured by locking all fill and drain posts upon receipt of a loaded railcar or upon completion of the owner or operator’s loading procedures. The locks must remain in place until the owner or operator begins unloading procedures or until the rail carrier picks up the loaded or rejected railcar for transport off-site.
3. (E) In accordance with 40 CFR 264.15, incorporated in this rule, the owner or operator shall inspect railcars and surrounding areas, at least daily, looking for leaks and for deterioration caused by corrosion or other factors.
4. (F) In accordance with 40 CFR part 264 subpart C and 40 CFR part 264 subpart D, as incorporated in this rule, the owner or operator shall develop preparedness and prevention procedures and a contingency plan for railcars. If the owner or operator has not prepared a Spill Prevention Control and Countermeasures (SPCC) Plan for hazardous waste, then one must be developed that parallels requirements and guidelines as specified in 40 CFR part 112 for oil. At a minimum, the SPCC Plan must include adequate spill response equipment and preventative measures, such as dikes, curbing, and containment systems.

AUTHORITY: sections 260.370, 260.390, and 260.395, RSMo Supp. 2013.* Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Aug. 14, 1986, effective Jan. 1, 1987. 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 June 3, 1993, effective Jan. 31, 1994. 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. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed March 31, 2006, effective Dec. 30, 2006. Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed April 15, 2015, effective Dec. 30, 2015. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013.