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. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) The regulations set forth in 40 CFR part 264, July 1, 2000 are incorporated by reference. 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. “Owner/operator,” as defined in 10 CSR 25-3.260(2)(O)3., shall be substituted for any reference to “owner and operator” or “owner or operator” in 40 CFR part 264 incorporated in this rule.

2. (2) The owner/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. 2. A permit is not required under this

rule for an elementary neutralization unit or a wastewater treatment unit receiving only hazardous waste that is generated on-site or generated by its operator or only one (1) generator if the owner/operator, upon request, can demonstrate to the satisfaction of the department compliance with the requirements in 10 CSR 25-7.270(2)(A)3.

1. 3. Hazardous waste which must be man-

aged in a permitted unit (for example, waste generated on-site and stored beyond the time frames allowed without a permit pursuant to 10 CSR 25-5.262, waste received from offsite, certain hazardous waste fuels, etc.) shall not be stored or managed outside an area or unit which does not have a permit or interim status for that waste for a period which exceeds twenty-four (24) hours. This provision shall not apply to railcars held for the period allowed by, and managed in accordance with, 10 CSR 25-7.264(3) of this regulation. (Comment: The purpose of this paragraph is to allow necessary movement of hazardous waste into, out of, and through facilities, and not to evade permit requirements.)

1. 4. 40 CFR 264.1(g)(11)(ii) is not incor-

porated into this rule.

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

   1. 1. The substitution of terms at 10 CSR

25-3.260(1)(A)1. does not apply to 40 CFR 264.12(a), incorporated by reference in this rule. In addition to the requirements in 40 CFR 264.12(a) incorporated in this rule, an owner/operator shall submit to the department a separate analysis for each hazardous waste that s/he intends to import. Each analysis shall contain the following information: the foreign generator’s name, site address and telephone number; a list of applicable United States Environmental Protection Agency (EPA) waste codes and a percentage of each for each hazardous waste; the flash point determined in accordance with 40 CFR 261.21 incorporated by reference in 10 CSR 25-4; a list of reactive waste(s) as defined in 40 CFR 261.23 incorporated by reference in 10 CSR 25-4; and results of toxicity tests conducted in accordance with 40 CFR 261.24 incorporated by reference in 10 CSR 25-4.261, if applicable.

1. 2. Information describing the frequency

and type of analysis performed on run off and leachate generated at the hazardous waste management units shall be included as part of the waste analysis plan required in 40 CFR 264.13(b) incorporated in this rule.

1. 3. The comment following 40 CFR

264.18(a) is not incorporated in this rule.

1. (C) Preparedness and Prevention. (Reserved)

2. (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. In addition to the requirements in 40

CFR 264.71(a)(1) and (2) and 40 CFR 264.71(b)(1) and (2) incorporated in section (1) of this rule, the owner/operator shall record the appropriate handling code(s) on the manifest as specified by the instructions for form 8700-22/MDNR-HWG 10.

1. 2. As it becomes available, the following

additional information shall be maintained in the operating record described in 40 CFR 264.73 incorporated in this rule until final closure, at which time the operating record shall be submitted to the department:

1. A. The information from each mani-

fest shall be maintained in the operating record;

1. B. In addition to the requirements in

40 CFR 264.73(b)(2) incorporated in this rule, an owner/operator of a hazardous waste disposal facility shall record the location and quantity of each hazardous waste shipment on a map or diagram of each cell or disposal area with respect to a surveyed permanent benchmark and baseline;

1. C. In addition to the requirements in

40 CFR 264.73(b)(2) incorporated in this rule, an owner/operator of a facility which has had a release or which has hazardous waste or hazardous waste constituent migration beyond the hazardous waste management unit shall record the locations and concentrations of contamination on a map or diagram with respect to a surveyed permanent benchmark and baseline;

1. D. If applicable, information regard-

ing volumes, dates of removal and disposition of leachate removed from collection points shall be maintained in the operating record; and

1. E. A complete copy of the final,

approved permit application, including all approved engineering plans, shall be maintained in the operating record.

1. 3. The owner/operator of a hazardous

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

1. A. All owners/operators shall comply

with the manifest summary reporting requirements in 10 CSR 25-5.262(2)(D) regardless of whether the owner/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/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/operator.

1. C. In addition to the information

required in 10 CSR 25-5.262(2)(D), an owner/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. (F) Releases From Solid Waste Management Units. This subsection sets forth requirements which modify or add to those requirements in 40 CFR part 264 subpart F.

   1. 1. If the department determines that

there is a significant risk to human health or the environment resulting from ground or surface water contamination from operation of any hazardous waste management facility or solid waste management unit, the department may condition the permit for a facility or unit; or upon issuance or reissuance or by modification of a permit, the department may require that an owner/operator of the facility comply with the requirements of this section. An owner/operator shall furnish to the department, within a reasonable time period, any information which the department requests to comply with this subsection.

1. 2. In addition to requirements in 40

CFR 264.91(a)(3) and 40 CFR 264.100(e)(2) incorporated in this rule, the owner/operator shall document in the operating record all efforts taken to monitor groundwater or take corrective action beyond the facility boundary.

1. 3. The facility permit will include, as

described in 40 CFR 264.100(b) incorporated in this rule, a course of action to implement remedial procedures. The corrective action program may include, if necessary, closure of the appropriate units to prevent further leachate generation and transport.

1. 4. This paragraph sets forth require-

ments for surface water monitoring.

1. A. The owner/operator is exempt

from regulations under this paragraph if—

1. (I) S/he is exempted under this sub-

section and 40 CFR part 264 subpart F, incorporated in this rule; or

1. (II) The department finds based

upon a demonstration by the owner/operator, that there is low potential for migration of liquid from the facility or unit to surface water bodies throughout the post-closure care period. This demonstration shall be certified by a registered geologist or professional engineer registered in Missouri; or

1. (III) The surface water runoff from

the regulated unit(s) is being monitored in accordance with the facility’s National Pollutant Discharges Elimination System (NPDES) or state operating stormwater discharge permit and the NPDES or state operating permit is substantially equivalent to that which would otherwise be required under this section.

1. B. An owner/operator shall establish a

surface water monitoring program, except as provided otherwise in subparagraph (2)(F)4.A. of this rule. This program shall be designed to protect human health and the environment. The owner/operator, at a minimum, shall fulfill the following requirements:

1. (I) The surface water monitoring

system shall consist of a sufficient number of points at appropriate locations to yield surface water samples that—

1. (a) Represent the quality of back-

ground surface water that has not been affected by any contamination from the facility (for example, upgradient); and

1. (b) Represent the quality of sur-

face water hydrologically downgradient of the facility or regulated units;

1. (II) The surface water monitoring

program must include consistent sampling and analysis procedures that are designed to ensure monitoring results which provide a reliable indication of surface water quality at the facility and changes in the water quality due to the impact of the facility or regulated units;

1. (III) The owner/operator shall

report to the department the surface water analysis by including it in the routine reports required by part (2)(E)3.C.(VI) of this rule; and

1. (IV) If the department determines,

based upon the findings in the reports submitted under part III of this subparagraph, that there is a substantial threat to human health or the environment, it will direct the owner/operator, through modification of the facility permit, to take corrective and preventative measures.

1. 5. The department may require addition-

al monitoring to protect human health and the environment.

1. (G) Closure and Post-Closure. This subsection sets forth requirements which modify or add to those requirements in 40 CFR part 264 subpart G.

   1. 1. The incorporation by reference of 40

CFR 264.113(d) and (e) does not relieve the owner/operator of his/her responsibility to comply with 10 CSR 80.

1. 2. The owner/operator of a hazardous

waste unit which is certifying closure with residues left in place, regardless of the level 10 CSR 25-7

of treatment to render the residue nonhazardous, shall meet the requirements in 40 CFR 264.116 incorporated in this rule.

1. 3. In addition to requirements in 40

CFR 264.116, when an owner/operator certifies a closure which did not result in the removal of wastes to background levels, the owner/operator shall record, in accordance with state law, a notation on an instrument which is normally examined during title search that in perpetuity will notify any potential purchaser of the property that the land has been used to manage hazardous waste.

1. 4. In addition to requirements in 40

CFR 264.116 and 264.119 as incorporated in this rule, an owner/operator shall submit a notarized statement to the department certifying that the owner/operator has caused the notation(s) to be recorded. The notation shall be recorded with the recorder(s) of deeds in all counties in which the facility is located.

1. (H) Financial Assurance Requirements. This subsection sets forth the requirements which modify or add to those requirements in 40 CFR part 264 subpart H.

   1. 1. For purposes of this subsection, com-

mercial treatment, storage or disposal (TSD) facility means any facility that would be considered a commercial hazardous waste TSD facility for the purposes of 10 CSR 25- 12.020, or any facility that is certified as an R2 resource recovery facility according to 10 CSR 25-9.020, or any facility that receives for remuneration polychlorinated biphenyls (PCB) material or PCB units as defined by 10 CSR 25-13.010.

1. 2. In 40 CFR 264.143(a)(3) incorporat-

ed by reference in this rule, delete “the term of the initial RCRA permit” and insert in its place “a period of five (5) years, beginning with the date the permit is issued.”

1. 3. In 40 CFR 264.145(a)(3) incorporat-

ed by reference in this rule, delete “the term of the initial RCRA permit” and insert in its place “a period of five (5) years, beginning with the date the permit is issued.”

1. 4. This paragraph modifies the require-

ments for surety bonds guaranteeing payment into a closure trust fund or post-closure trust fund per 40 CFR 264.143(b) or 40 CFR 264.145(b), incorporated in this rule.

1. A. Any surety company issuing a

surety bond guaranteeing payment into a closure trust fund or post-closure trust fund shall be authorized to do business in Missouri.

1. B. Any surety company issuing a

surety bond guaranteeing payment into a closure trust fund or post-closure trust fund shall not cancel, terminate, or fail to renew a surety bond guaranteeing payment into a closure or post-closure trust fund and the surety bond shall remain in full force and effect in the event that on or before the date of cancellation:

1. (I) The director deems the facility

abandoned; or

1. (II) The permit is terminated or

revoked, or a new permit is denied; or

1. (III) Closure is ordered by the

department or a court of competent jurisdiction; or

1. (IV) The owner/operator is named

as a debtor in a voluntary or involuntary proceeding under 11 U.S.C. section 1, et seq.; or

1. (V) The premium due is paid; or
2. (VI) An appeal of an order to close

the facility as specified in part (4)(H)4.B.(III) of this subparagraph is pending.

1. C. Facilities that have a surety bond

or bond(s) guaranteeing payment into a closure trust fund or a post-closure trust fund as of the effective date of this subparagraph shall modify their surety instruments to comply with this paragraph within twelve (12) months of the effective date of this subparagraph.

1. 5. This paragraph modifies the require-

ments for surety bonds guaranteeing performance of closure or performance of post-closure care per 40 CFR 264.143(c) or 40 CFR 264.145(c), incorporated in this rule.

1. A. A surety company issuing a surety

bond for closure or post-closure performance shall be authorized to do business in Missouri.

1. B. Any surety company issuing a

surety bond for closure or post-closure performance shall not cancel, terminate, or fail to renew a surety bond guaranteeing performance of closure or post-closure care and the surety bond shall remain in full force and effect in the event that on or before the date of cancellation:

1. (I) The director deems the facility

abandoned; or

1. (II) The permit is terminated or

revoked, or a new permit is denied; or

1. (III) Closure is ordered by the

department or a court of competent jurisdiction; or

1. (IV) The owner/operator is named

as a debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code; or

1. (V) The premium due is paid; or
2. (VI) An appeal of an order to close

the facility as specified in part (4)(H)5.B.(III) of this subparagraph is pending.

1. C. Facilities that have a surety bond

or bonds guaranteeing performance of closure or performance of post-closure care as of the effective date of this subparagraph shall modify their surety instruments to comply with this paragraph within twelve (12) months of the effective date of this subparagraph.

1. 6. This paragraph modifies the require-

ments for letters of credit per 40 CFR 264.143(d), 40 CFR 264.145(d), and 40 CFR 264.147(h), incorporated in this rule. Letters of credit shall be issued by a stateor federally-chartered and regulated bank or trust association. If the issuing institution is not located in Missouri, a bank or trust association located in Missouri shall confirm the letter of credit and the confirmation and the letter of credit shall be filed with the department.

1. 7. An owner/operator of a facility that is

a commercial TSD facility may not satisfy financial assurance requirements for closure, post-closure or liability coverage, or any combination of these, by the use of a financial test as specified in 40 CFR 264.143(f), 40 CFR 264.145(f), or 264.147(f), incorporated in this rule.

1. 8. This paragraph modifies the require-

ments for closure insurance per 40 CFR 264.143(e) incorporated in this rule, postclosure insurance per 40 CFR 264.145(e) incorporated in this rule, liability coverage for sudden accidental occurrences per 40 CFR 264.147(a)(1) incorporated in this rule, and liability coverage for non-sudden accidental occurrences per 40 CFR 264.147(b)(1), incorporated in this rule. Each insurance policy shall be issued by an insurer which, at a minimum, is licensed to transact the business of insurance or is eligible to provide insurance as an excess or surplus lines insurer in Missouri.

1. 9. In 40 CFR 264.143(f) incorporated in

this rule, delete “or a firm with a ‘substantial business relationship’ with the owner or operator.”

1. 10. In 40 CFR 264.145(f) incorporated

in this rule, delete “or a firm with ‘a substantial business relationship’ with the owner or operator.”

1. 11. In 40 CFR 264.147(g) incorporated

in this rule, delete “or a firm with a ‘substantial business relationship’ with the owner or operator.”

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

   1. 1. An owner/operator of a facility which

treats hazardous waste in containers shall meet the requirements of 40 CFR 264.601– 264.603 incorporated in this rule and subsection (2)(X) of this rule.

1. 2. Containers storing hazardous waste

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

1. 3. Container storage areas which close

without removing all hazardous waste and/or hazardous waste constituents to below background levels may pursue either a risk-based closure if there is no evidence of groundwater or surface water contamination or in the absence of such evidence, close in accordance with 10 CSR 25-7.264(2)(N) and 40 CFR part 264 subpart N as incorporated in subsection (2)(N). The owner/operator shall also comply with the requirements of 10 CSR 25-7.264(2)(G).

1. 4. 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. 5. 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 an independent, 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 (1.5)-inch line or a one-inch (1”) hard rubber line. Where a one and one-half (1.5)-inch 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

requirements 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.

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

   1. 1. Hazardous waste that has a true vapor

pressure of greater than seventy-eight millimeters of mercury (78 mm Hg) at twenty-five degrees Celsius (25°C) is considered to be volatile and shall not be placed in an open tank.

1. 2. 40 CFR 264.190(c) is not incorporat-

ed by reference.

1. 3. In 40 CFR 264.193(g) incorporated

in this rule, delete “or that in the event of a release that does migrate to ground water or surface water, no substantial present or potential hazard will be posed to human health or the environment.” 40 CFR 264.193(g)(2) and its subdivisions are not incorporated in this rule.

1. 4. For purposes of 40 CFR 264.193(h)

incorporated in this rule, “variance” means exception.

1. 5. In 40 CFR 264.196(c) and 40 CFR

264.196(c)(1) incorporated in this rule, delete “visible” and “visual.” Tank storage areas which close without removing all hazardous waste and/or hazardous waste constituents to below background levels may pursue either a risk-based closure if there is no evidence of groundwater or surface water contamination or in the absence of such evidence, close in accordance with 10 CSR 25- 7.264(2)(N) and 40 CFR part 264 subpart N as incorporated in subsection (2)(N). The owner/operator shall also comply with the requirements of 10 CSR 25-7.264(2)(G).

1. 6. An owner/operator of a facility which

treats hazardous waste in a tank system shall meet the requirements of 40 CFR 264.601–40 CFR 264.603 incorporated in this rule and subsection (2)(X) of this rule.

1. (K) Surface Impoundments. This subsection sets forth standards and requirements which modify or add to those requirements in 40 CFR part 264 subpart K.

   1. 1. Design and operating requirements

are as follows:

1. A. Any existing surface impoundment

or existing portion of a surface impoundment shall be replaced with a new surface impoundment in compliance with 40 CFR part 264 subpart K, incorporated in this rule, and this subsection prior to permit issuance;

1. B. Each new surface impoundment

shall be constructed with a double liner as required in 40 CFR 264.221(c), incorporated in this rule, and subparagraphs (2)(K)1.C. and D. of this rule;

1. C. The lower component of the com-

posite liner required by 40 CFR 264.221(c) shall, at a minimum, consist of at least three feet (3') of clay, recompacted to ninety-five percent (95%) of Standard Proctor Density with the moisture content between two percent (2%) below and four percent (4%) above the optimum moisture content. The soils used for this purpose shall meet the following minimum specifications:

1. (I) Be classified under the United

Soil Classification Systems as CL, CH or SC (American Society for Testing and Materials (ASTM) Standard D2487-93, current edition approved September 15, 1993, published November 1993);

1. (II) Allow more than thirty percent

(30%) passable through a No. 200 sieve (ASTM Test D1140-54 (reapproved 1971), current edition approved September 15, 1954);

1. (III) Have a liquid limit equal to or

greater than thirty (30) (ASTM Test D4318- 95a, current edition approved December 10, 1995, published April 1996);

1. (IV) Have a plasticity index equal

to or greater than fifteen (15) (ASTM Test D4318-95a, as previously referenced in this rule); and 10 CSR 25-7

1. (V) Have a coefficient of perme-

ability equal to or less than 1 × 10-8 cm/sec when compacted to ninety-five percent (95%) of Standard Proctor Density with the moisture content between two percent (2%) below and four percent (4%) above the optimum moisture content, and when tested by using the indirect calculation from the one (1)- dimensional consolidation test for clay rich soils (ASTM D2435-96, current edition approved June 10, 1996, published August 1996) or other procedures approved by the department;

1. D. The leak detection system required

by 40 CFR 264.221(c)(2) shall cover the entire sides and bottom of the surface impoundment.

1. E. When liquids are detected in the

leak detection system installed to comply with subparagraph (2)(K)1.D. of this rule and 40 CFR 264.221(c)(2), the owner/operator shall—

1. (I) Notify the department in writing

within thirty (30) days of the event;

1. (II) Continue to operate and main-

tain the leak detection system so that the liquids are removed as they accumulate or with sufficient frequency to prevent backwater within the system; and

1. (III) Implement leachate monitor-

ing in accordance with paragraph (2)(K)1.F. of this rule and the facility permit;

1. F. This paragraph sets forth require-

ments for leachate monitoring at surface impoundments. An owner/operator that is required under subparagraph (2)(K)1.E. of this rule to initiate leachate monitoring shall comply with parts (2)(K)1.F.(I)—(IV) of this rule.

1. (I) The owner/operator shall

remove any accumulated leachate in the leak detection system collection sumps at least weekly during the active life and closure period. After the final cover is installed, accumulated leachate shall be removed at least as often as the owner/operator is required by 40 CFR 264.226(d)(2) to record the amount of liquids removed from the system.

1. (II) The owner/operator shall ana-

lyze the leachate at least annually. At a minimum, the annual leachate analyses shall be conducted for indicator parameters (that is pH, specific conductance, dissolved organic carbon and total organic halogen) and selected hazardous waste constituents. The hazardous waste constituents selected must provide a reliable indication of the presence of hazardous constituents that are reasonably expected to be in or derived from wastes contained in each unit.

1. (III) The owner/operator shall cal-

culate the average daily flow rate for each sump as required by 40 CFR 264.222(b). If the department determines that the leachate generation rate is greater than reasonably expected for any unit, the department may require the owner/operator to provide additional information to evaluate the existing conditions.

1. (IV) In accordance with subsection

(2)(E) of this rule and 40 CFR part 264 subpart E incorporated in this rule, the owner/operator shall submit to the department all information required to comply with parts (2)(K)1.F.(I)–(III) of this rule.

1. (V) The department may require

more frequent leachate collection and analysis than that outlined in parts (2)(K)1.F.(I)–(III) of this rule if determined necessary. The frequency of leachate collection and analysis will be specified in the facility permit.

1. (VI) Indicator parameters and con-

stituents to be monitored as required by part (2)(K)1.F.(II) of this rule will be specified by the department in the facility permit. If the department determines that results of the chemical analyses are outside of the range that is reasonably expected for any unit, the department may require the owner/operator to provide additional information to evaluate the existing conditions;

1. G. The owner/operator shall measure

daily precipitation at the facility until final closure is certified. During the post-closure care period of the facility, the owner/operator shall also record and report regional precipitation from the nearest weather recording station in accordance with the schedule established for the maintenance of the facility. The information required under this paragraph shall be submitted to the department in accordance with subsection (2)(E) of this rule and 40 CFR part 264 subpart E incorporated in this rule; and

1. H. If the leachate monitoring (imple-

mented in accordance with subparagraph (2)(K)1.F. of this rule) detects hazardous waste(s) constituents in the leak detection system, a leak in the surface impoundment liner is indicated and the owner/operator shall—

1. (I) Within seven (7) days after

detecting the leak, notify the department in writing of the leak;

1. (II) Remove, within the period of

time specified in the permit, accumulated liquid, repair or replace the leaking liner to prevent the migration of hazardous waste liquids through the liner and obtain a certification from a registered professional engineer that, to the best of his/her knowledge and opinion, the leak has been stopped; and

1. (III) Obtain, after performing the

necessary repairs, written approval from the department prior to placing the surface impoundment in service again.

1. 2. Those surface impoundments which

are intended to be closed without removing the hazardous waste shall meet the requirements of subparagraph (2)(N)1.A. and 40 CFR part 264 subpart N, incorporated in this rule. If the site cannot meet these requirements and contamination exists beyond the liner of the surface impoundment, the owner/operator shall clean up contaminated residues and hazardous constituents to the greatest extent practical during closure. If the department determines, based on the potential impact on human health and the environment, that it is not necessary or feasible to remove contaminated material down to background concentrations during closure, the owner/operator shall—

1. A. Comply with subsection 40 CFR

264.228(b) incorporated in this rule; or

1. B. Submit and obtain approval for a

delisting petition pursuant to 40 CFR 260.20 and 40 CFR 260.22 for the contaminated material not removed during closure.

1. 3. An owner/operator of a facility which

treats hazardous waste in a surface impoundment shall meet the requirements of 40 CFR 264.601—40 CFR 264.603 incorporated in this rule and subsection (2)(X) of this rule.

1. (L) Waste Piles. This subsection sets forth standards which modify or add to those requirements in 40 CFR part 264 subpart L.

   1. 1. In addition to the requirements in 40

CFR part 264.250(c) incorporated in this rule, the waste pile must be at least ten feet (10') above the historical high groundwater table to be exempt from the regulatory requirements in 40 CFR 264.251 incorporated in this rule, 40 CFR part 264 subpart F incorporated in this rule and subsection (2)(F) of this rule.

1. 2. Design and operating requirements

are as follows:

1. A. Any existing waste pile or existing

portion of a waste pile shall be replaced with a new waste pile in compliance with 40 CFR 264 subpart L, incorporated in this rule, and this subsection prior to permit issuance;

1. B. Each new waste pile shall be con-

structed with a double liner as required in 40 CFR 264.251(c), incorporated in this rule, and subparagraphs (2)(L)2.C. and D. of this rule;

1. C. The lower component of the com-

posite liner required by 40 CFR 264.251(c), at a minimum, shall consist of at least three feet (3') of clay, recompacted to ninety-five percent (95%) of Standard Proctor Density with the moisture content between two percent (2%) below and four percent (4%) above the optimum moisture content. The soils used for this purpose shall meet the following minimum specifications:

1. (I) Be classified under the United

Soil Classification Systems as CL, CH, or SC (ASTM Standard D2487-93, as previously referenced in this rule);

1. (II) Allow more than thirty percent

(30%) passable through a No. 200 sieve (ASTM Test D1140, as previously referenced in this rule);

1. (III) Have a liquid limit equal to or

greater than thirty (30) (ASTM Test D4318- 95a, as previously referenced in this rule);

1. (IV) Have a plasticity index equal

to or greater than fifteen (15) (ASTM Test D4318-95a, as previously referenced in this rule); and

1. (V) Have a coefficient of perme-

ability equal to or less than 1 × 10-8 cm/sec when compacted to ninety-five percent (95%) of Standard Proctor Density with the moisture content between two percent (2%) below and four percent (4%) above the optimum moisture content, and when tested by using the indirect calculation from the one (1) dimensional consolidation test for clay rich soils (ASTM D2435-96, as previously referenced in this rule) or other procedures approved by the department;

1. D. The leak detection system required

by 40 CFR 264.251(c)(3) shall be capable of detecting leaks from the entire area of the waste pile;

1. E. When liquids are detected in the

leachate collection/removal system installed to comply with 40 CFR 264.251(c)(2), the owner/operator shall—

1. (I) Notify the department in writing

within thirty (30) days of the event;

1. (II) Continue to operate and main-

tain the leachate collection/removal and leak detection systems so that the liquids are removed as they accumulate or with sufficient frequency to prevent backwater within the system; and

1. (III) Implement leachate monitor-

ing in accordance with subparagraph (2)(L)2.F. of this rule and the facility permit;

1. F. This paragraph sets forth require-

ments for leachate monitoring at waste piles. An owner/operator that is required under subparagraph (2)(L)2.E. to initiate leachate monitoring shall comply with parts (2)(L)2.F.(I)—(IV) of this rule.

1. (I) The owner/operator shall

remove any accumulated leachate in the leachate collection/removal and leak detection system collection sumps at least weekly during the active life and closure period. After the final cover is installed, accumulated leachate shall be removed at least as often as the owner/operator is required by subparagraph (2)(L)3.A. of this rule to record the amount of liquids removed from the system.

1. (II) The owner/operator shall ana-

lyze leachate from the leak detection system at least annually. If leachate has not yet been discovered in the leak detection system, the annual analysis shall be completed on leachate collected from the leachate collection/removal system. At a minimum, the annual leachate analyses shall be conducted for indicator parameters (that is pH, specific conductance, dissolved organic carbon and total organic halogen) and selected hazardous waste constituents. The hazardous waste constituents selected must provide a reliable indication of the presence of hazardous constituents that are reasonably expected to be in or derived from wastes contained in each unit.

1. (III) The owner/operator shall cal-

culate the average daily flow rate for each sump in the leak detection system as required by 40 CFR 264.252(b), in addition the average daily flow rate for each sump calculated in a similar manner. If the unit is closed in accordance with 40 CFR 264.258(b), the average daily flow rates shall be calculated at the same frequency as the recording of leachate removal as required by subparagraph (2)(L)3.B. of this rule. If the department determines that the leachate generation rate is greater than reasonably expected for any unit, the department may require the owner/operator to provide additional information to evaluate the existing conditions.

1. (IV) The owner/operator shall sub-

mit all information required to comply with parts (2)(L)2.F.(I)—(III) of this rule to the department in accordance with subsection (2)(E) of this rule and 40 CFR part 264 subpart E incorporated in this rule.

1. (V) The department may require

more frequent leachate collection and analysis than that outlined in parts (2)(L)2.F.(I)— (III) of this rule if determined necessary. The frequency of leachate collection and analysis will be specified in the facility permit.

1. (VI) Indicator parameters and con-

stituents to be monitored, as required by part (2)(L)2.F.(II) of this rule, will be specified by the department in the facility permit. If the department determines that results of the chemical analyses are outside of the range that is reasonably expected for any unit, the department may require the owner/operator to provide additional information to evaluate the existing conditions;

1. G. The owner/operator shall measure

daily precipitation at the facility until final closure is certified. During the post-closure care period of the facility, the owner/operator shall also record and report regional precipitation from the nearest weather recording station in accordance with the schedule established for the maintenance of the facility. The information required under this paragraph shall be submitted to the department in accordance with subsection (2)(E) of this rule and 40 CFR part 264 subpart E incorporated in this rule; and

1. H. If the leachate monitoring (imple-

mented in accordance with subparagraph (2)(L)2.F. of this rule) detects hazardous waste constituents in the leak detection system, a leak in the waste pile liner is indicated and the owner/operator shall—

1. (I) Notify the department in writing

of the leak within seven (7) days after detecting the leak;

1. (II) Remove, within the period of

time specified in the permits, accumulated liquid, repair or replace the leaking liner to prevent the migration of hazardous waste liquids through the liner and obtain a certification from a registered professional engineer that, to the best of his/her knowledge and opinion, the leak has been stopped; and

1. (III) Obtain, after performing the

necessary repairs, written approval from the department prior to placing the waste pile in service again.

1. 3. This paragraph sets forth standards

which modify or add to those requirements in 40 CFR 264.254(c) for monitoring and inspection.

1. A. In addition to recording the

amount of liquids removed from each leak detection system sump at least once per week during the active live and closure period, the owner/operator shall record the amount of liquids removed from each leachate collection/removal system sump at the same frequency.

1. B. If the waste pile is closed in accor-

dance with 40 CFR 264.258(b), following closure the amount of liquids removed from each leachate collection/removal and leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two (2) consecutive months, the amount of liquids in the sump must be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two (2) consecutive quarters, the amount of liquids in the sump shall be recorded at least semiannually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semiannual recording schedules, the owner/operator must return to monthly recording of amounts of liquids removed from each sump until the liq- 10 CSR 25-7

uid level again stays below the pump operating level for two (2) consecutive months.

1. (M) Land Treatment.(Reserved)

2. (N) Landfills. This subsection sets forth standards which modify or add to those requirements in 40 CFR part 264 subpart N.

   1. 1. This paragraph sets forth standards

for a site suitability demonstration.

1. A. Location standards.

   1. (I) A landfill shall be located so as

to minimize discharges and the potential for harm to human health and the environment.

1. (II) A landfill shall be located so

that a total of no less than thirty feet (30') of soil or other material, which has a coefficient of permeability of less than 1 × 10-7 cm/sec, when tested according to subpart (2)(N)1.B.(II)(d) of this rule, lies between the bottom of the lowest artificial liner or lowest engineered soil liner and the uppermost regional aquifer.

1. (III) The requirements of part

(2)(N)1.A.(II) of this rule do not apply to a landfill which meets the following criteria:

1. (a) Demonstrates to the satisfac-

tion of the department by a combination of laboratory tests, field test and development of models that naturally occurring materials between the lowest artificial liner or lowest engineered soil liner and the uppermost regional aquifer would retard the migration of hazardous constituents contained in the waste to at least the same degree that thirty feet (30') of material having a coefficient of permeability of 1 × 10-7 cm/sec when tested according to subpart (2)(N)1.B.(II)(d) would retard the migration of water, but in no case shall the thickness of the naturally occurring material be less than twenty feet (20');

1. (b) Receives only wastes generat-

ed by its operator(s); and

1. (c) Meeting the criteria in sub-

parts (2)(N)1.A.(III)(a) and (b) shall not waive compliance with any regulations except those set forth in part (2)(N)1.A.(II) of this rule.

1. (IV) No landfill shall be located in

the following areas:

1. (a) In a wetland;
2. (b) Within two hundred feet

(200') of a fault which has had surface displacement in Holocene time;

1. (c) In a one hundred (100)-year

flood plain;

1. (d) In an area of unstable soil

deposits or area(s) containing landslides; or

1. (e) In an area subject to cata-

strophic collapse as evaluated by the Division of Geology and Land Survey.

1. B. The permit application shall

include the following engineering reports:

1. (I) A geologic description of the

region in which the site is located, which description shall be prepared by a qualified geologist familiar with the region;

1. (II) A description of the natural

soils and bedrock underlying the site including a representative number of borings that indicate the type, depth and thickness of soils, bedrock and other materials underlying the site and test results that indicate the following parameters for soils or other materials underlying the site. The following test methods shall be utilized unless other procedures have been evaluated and approved by the department:

1. (a) Atterberg limits (ASTM

D4318-95a, as previously reference in this rule);

1. (b) pH (Methods of Soil Analysis

Part II, Chemical and Microbiological Properties, A.L. Page, Ed. American Society of Agronomy, 2nd Ed., 1982, pp. 200—209);

1. (c) Maximum dry density at

optimum moisture content (ASTM D1557- 91, current edition approved November 18, 1991, published January 1992);

1. (d) Coefficient of permeability,

which is the indirect calculation from the one (1)-dimensional consolidation test for clay rich soils (ASTM D2435-96, as previously referenced in this rule) or other laboratory procedures found in the professional literature and approved by the department;

1. (e) Grain size distribution,

Unified Soil Classification System designation (ASTM Standards D2487-93, as previously referenced in this rule and D422-63 (reapproved 1990) current edition approved November 21, 1963); and

1. (f) Cation exchange capacity

(Methods of Soil Analysis Part II, Chemical and Microbiological Properties, A.L. Page, Ed., American Society of Agronomy, 2nd Ed., 1982, pp. 149—157);

1. (III) A hydrogeologic study con-

ducted at the site to determine the potential for transport of groundwater and contaminants. This study shall include:

1. (a) Piezometric contours of

groundwater;

1. (b) Potential direction(s) of

groundwater movement and estimated rate(s);

1. (c) Identification and description

of the aquifer(s);

1. (d) Background water quality

data; and

1. (e) Field permeability tests as

found in the professional literature and approved by the department;

1. (IV) A present water balance which

shall be determined as outlined in Use of the Water Balance Method for Predicting Leachate Generation from Solid Waste Disposal Sites, EPA/530/SW-168 or an equivalent method approved by the department;

1. (V) Engineering and geologic

drawings that delineate—

1. (a) Typical disposal cells for

each hazardous waste type;

1. (b) Structures for surface water

control;

1. (c) Locations of borings and

monitoring systems;

1. (d) Leachate collection systems,

bottom elevations and cover elevations for each disposal area; and

1. (e) Stratigraphic cross-sections

of the geologic setting showing, at a minimum, boring locations and depths, trench design and depths and piezometric surfaces and water tables where present; and

1. (VI) Any other applicable details.
2. 2. This paragraph sets forth additional

design and operating requirements.

1. A. Any existing landfill or existing

portion of a landfill shall be replaced with a new landfill in compliance with 40 CFR part 264 subpart N, incorporated in this rule, and this subsection prior to permit issuance;

1. B. Each new landfill shall be con-

structed with a double liner as required in 40 CFR 264.301(c), incorporated in this rule, and subparagraphs (2)(N)2.C. of this rule;

1. C. The lower component of the com-

posite liner required by 40 CFR 264.301(c), at a minimum, shall consist of at least three feet (3') of clay, recompacted to ninety-five percent (95%) of Standard Proctor Density with the moisture content between two percent (2%) below and four percent (4%) above the optimum moisture content. The soils used for this purpose shall meet the following minimum specifications:

1. (I) Be classified under the United

Soil Classification Systems as CL, CH or SC (ASTM Standard D2487-93, as previously referenced in this rule);

1. (II) Allow more than thirty percent

(30%) passable through a No. 200 sieve (ASTM Test D1140, as previously referenced in this rule);

1. (III) Have a liquid limit equal to or

greater than thirty (30) (ASTM Test D4318- 95a, as previously referenced in this rule);

1. (IV) Have a plasticity index equal

to or greater than fifteen (15) (ASTM Test D4318-95a, as previously referenced by this rule); and

1. (V) Have a coefficient of perme-

ability equal to or less than 1 × 10-8 cm/sec when compacted to ninety-five percent (95%) of Standard Proctor Density with the moisture content between two percent (2%) below and four percent (4%) above the optimum moisture content, and when tested by using the indirect calculation from the one (1)- dimensional consolidation test for clay rich soils (ASTM D2435-96, as previously referenced by this rule) or other procedures approved by the department;

1. D. Each detection or collection and

removal system shall meet the requirements of 40 CFR 264.301(c)(3)(I)—(V), incorporated in this rule.

1. E. The leak detection system required

by 40 CFR 264.301(c)(3) shall be capable of detecting leaks from the entire sides and bottom of each cell.

1. F. When liquids are detected in the

leachate collection/removal system installed to comply with 40 CFR 264.301(c)(2), the owner/operator shall—

1. (I) Notify the department in writing

within thirty (30) days of the event;

1. (II) Continue to operate and main-

tain the leachate collection/removal and leak detection systems so that the liquids are removed as they accumulate or with sufficient frequency to prevent backwater within the system; and

1. (III) Implement leachate monitor-

ing in accordance with subparagraph (2)(N)2.G. of this rule and the facility permit;

1. G. This paragraph sets forth require-

ments for leachate monitoring at landfills. An owner/operator that is required under subparagraph (2)(N)2.F. to initiate leachate monitoring shall comply with parts (2)(N)2.G.(I)–(V) of this rule.

1. (I) The owner/operator shall

remove any accumulated leachate in the leachate collection/removal and leak detection system collection sumps at least weekly during the active life and closure period. After the final cover is installed, accumulated leachate shall be removed at least as often as the owner/operator is required by 40 CFR 264.303(c)(2) to record the amount of liquids removed from the systems.

1. (II) The owner/operator shall ana-

lyze leachate from the leak detection system at least annually. If leachate has not yet been discovered in the leak detection system, the annual analysis shall be completed on leachate collected from the leachate collection/removal system. At a minimum, the annual leachate analyses shall be conducted for indicator parameters (that is pH, specific conductance, dissolved organic carbon and total organic halogen) and selected hazardous waste constituents. The hazardous waste constituents selected must provide a reliable indication of the presence of hazardous constituents that are reasonably expected to be in or derived from wastes contained in each unit.

1. (III) At the first occurrence of

leachate in the leak detection system, the owner/operator shall analyze leachate from that system for the complete list of parameters identified in 40 CFR part 264 Appendix IX.

1. (IV) The owner/operator shall cal-

culate the average daily flow rate for each sump in the leak detection system as required by 40 CFR 264.302(b). In addition, the average daily flow rate for each sump in each of the leachate collection/removal systems shall also be calculated in a similar manner. Following closure, the average daily flow rates shall be calculated at the same frequency as the recording of leachate removal as required by 40 CFR 264.303(c)(2). If the department determines that the leachate generation rate is greater than reasonably expected for any unit, the department may require the owner/operator to provide additional information to evaluate the existing conditions.

1. (V) The owner/operator shall sub-

mit all information required to comply with parts (2)(N)2.G.(I)—(IV) of this rule to the department in accordance with subsection (2)(E) of this rule and 40 CFR part 264 subpart E incorporated in this rule.

1. (VI) The department may require

more frequent leachate collection and analysis than that outlined in parts (2)(N)2.G.(I)— (IV) of this rule if determined necessary. The frequency of leachate collection and analysis will be specified in the facility permit.

1. (VII) Indicator parameters and con-

stituents to be monitored as required by part (2)(N)2.G.(II) of this rule will be specified by the department in the facility permit. If the department determines that results of the chemical analyses are outside of the range that is reasonably expected for any unit, the department may require the owner/operator to provide additional information to evaluate the existing conditions.

1. H. The owner/operator shall measure

daily precipitation at the facility until final closure is certified. During the post-closure care period of the facility, the owner/operator shall also record and report regional precipitation from the nearest weather recording station in accordance with the schedule established for the maintenance of the facility. The information required under this paragraph shall be submitted to the department in accordance with subsection (2)(E) of this rule and 40 CFR part 264 subpart E incorporated in this rule.

1. I. If the volume or rate of flow of

leachate contained in the leak detection system (implemented in accordance with subparagraph (2)(N)2.G. of this rule) exceeds ten percent (10%) of the action leakage rate as defined in 40 CFR 264.302, incorporated in this rule, then the owner/operator shall analyze the leachate for the indicator parameters and constituents outlined in the facility permit. If the analyzed leachate exceeds the detection limits outlined in the facility permit, the owner/operator shall—

1. (I) Notify the department in writing

of the leak within seven (7) days after detecting the leak;

1. (II) Remove, within the period of

time specified in the permit, accumulated liquid, conduct an assessment of the leakage to determine the cause and extent of the leak and, if necessary, initiate repairs or replace the leaking liner to prevent the migration of hazardous waste liquids through the liner; and

1. (III) Submit to the department the

assessment and a certification from a registered professional engineer describing any repairs or replacement of the liner system within thirty (30) days of completion.

1. J. A landfill shall be designed, con-

structed and operated to minimize erosion, landslides and sloughing.

1. K. Where necessary, features shall be

provided around closed units or, when leachate is detected in the lower leachate collection system, features shall control horizontal migration of leachate from the disposal unit. These features may include, but are not limited to, recompacted trench walls, slurry trenches and interceptor trenches.

1. L. There shall be a minimum of three

hundred feet (300') of buffer between the property line of the disposal facility and the permitted area.

1. M. If the owner/operator accepts any

odoriferous waste, the owner/operator shall apply cover or otherwise manage the landfill to control odor dispersal.

1. N. If gases are generated within the

landfill, a gas collection and control system shall be installed to control the vertical and horizontal escape of gases from the landfill.

1. 3. All hazardous wastes accepted for

disposal shall be listed in the permit application in accordance with 40 CFR 270.13(j) as incorporated by reference in 10 CSR 25- 7.270. In addition, departmental approval of individual waste streams may be required prior to allowing the disposal of the waste streams in the landfill.

1. 4. Wastes having a true vapor pressure

greater than seventy-eight millimeters of mercury (78 mm Hg) at twenty-five degrees Celsius (25°C) are volatile wastes and shall not be landfilled. 10 CSR 25-7

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

   1. 1. Sampling methods to determine com-

pliance with 40 CFR 264.343 incorporated in this rule will be specified by the department in the permit and shall consist of any of the following methods:

1. A. The methods described in the

Engineering Handbook for Hazardous Waste Incineration, SW-889, by the United States EPA or equivalent; or

1. B. The methods specified in 40 CFR

part 60 Appendix A (July 1, 1989). For facilities subject to paragraph (2)(O)2. of this rule, the methods referenced in this paragraph shall be used exclusively to determine compliance with the emission limitations required in this subsection.

1. 2. The provisions of 40 CFR part 60

subpart E, July 1, 1989, shall apply and are incorporated by reference as part of this rule. An owner/operator of a hazardous waste incinerator which is regulated under the New Source Performance Standards in that subpart shall comply with the provisions in addition to complying with all other applicable provisions in this rule.

1. 3. Where emission limitations found in

both paragraph (2)(O)2. of this rule and in another provision of this rule are applicable to a hazardous waste incinerator, the more stringent shall control.

1. (P) Health Profiles.

   1. 1. An owner/operator shall submit a

health profile, as required by section 260.395.7(5), RSMo, with the application for a hazardous waste treatment or operating disposal facility. (A health profile is not necessary for a post-closure permit.) A health profile shall include efforts to identify any serious illnesses, the rate of which exceeds the state average for the illnesses, which might be attributable to environmental contamination. A serious illness is one which may cause or significantly contribute to an increase in morbidity and mortality or an increase in reversible or irreversible incapacitating effects on the health of humans. An owner/operator shall consult the Missouri Department of Health regarding appropriate factors to be included in the profile prior to initiating the health profile.

1. A. The health profile shall address

five (5) main sources of data as listed and shall take into consideration—

1. (I) The population density around

the site, as indicated by the most current census data;

1. (II) Mortality, as indicated by death

certificate information;

1. (III) Incidence, as indicated by the

State Cancer Registry;

1. (IV) Natality, as indicated by fetal

death and birth certificate information; and

1. (V) Morbidity, as indicated by hos-

pital discharge information.

1. B. Conditions reflecting routes of

exposure shall be included in the report for all hazardous wastes to be treated or disposed of at the facility.

1. C. The discussion of measurements of

health characteristics shall focus on comparisons between state, county and site-specific rates.

1. D. Site-specific rates shall include a

geographic area of an approximate three to five (3—5)-mile radius around the site using zip code boundaries. Geographic areas of larger or smaller size may be used, where approved by the Missouri Department of Health, and shall reflect the risks on a representative population. Only Missouri data is required for any site where the three to five (3—5)-mile radius extends into another state.

1. (I) For incinerators, special consid-

eration shall be given to wind roses for each season with distinct meteorological conditions. In addition, calculated effluent plume paths, including areas of maximum impact and width and length of plume at ground level, should be presented.

1. (II) Af t e r analysis of the data

required in this section, modification of the site-specific geographic area from which disease rates will be computed may be necessary with respect to the previously mentioned three to five (3—5)-mile radius around the site.

1. E. A minimum of five (5) years’ data

shall be required for a statistical analysis and averaging of rate computations. Qualitative technical difficulties in data resulting in time periods of less than five (5) years shall be fully explained and justified in the text of the report.

1. 2. This paragraph sets forth require-

ments which shall be met subsequent to the initial application.

1. A. A health profile shall be part of

each request for permit renewal.

1. B. Additional epidemiological investi-

gations may be required when the rate of any illness in the area described in subparagraph (2)(P)1.D. of this rule exceeds the state average for that illness.

1. (Q) (Reserved)
2. (R) (Reserved)
3. (S) Corrective Action for Solid Waste Management Units. (Reserved)
4. (T) (Reserved)
5. (U) (Reserved)
6. (V) (Reserved)
7. (W) Drip Pads. 40 CFR part 264 subpart W is not incorporated by reference.

8. (X) Miscellaneous Units. This subsection sets forth requirements in addition to 40 CFR part 264 subpart X incorporated in this rule.

   1. 1. A facility which continuously feeds

hazardous waste into the treatment process shall be equipped with an automatic waste feed cutoff or a bypass system that is activated when a malfunction in the treatment process occurs. A bypass system shall return hazardous wastefeed to storage and shall not allow a discharge or release of hazardous waste.

1. 2. Residuals of by-products from a treat-

ment process (for example, sludges, spent resins) shall be analyzed during a trial period to determine the effectiveness of the treatment process.

1. (Y) (Reserved)
2. (Z) (Reserved)
3. (AA) Air Emission Standards for Process Vents. (Reserved)
4. (BB) Air Emission Standards for Equipment Leaks. (Reserved)
5. (CC) Air Emission Standards for Tanks, Surface Impoundments, and Containers. (Reserved)
6. (DD) Containment Buildings. (Reserved)
7. (EE) Hazardous Waste Munitions and Explosive Storage. (Reserved)

1. (3) The following requirements apply to hazardous waste TSD facilities that accept and/or ship hazardous waste via railroad tank car (railcar).

   1. (A) The owner/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 10 CSR 25-7.270 within one hundred eighty

2. (180) days of the effective date of this paragraph. Permitted facilities that fail to apply for a permit modification in compliance with this subsection shall cease all operations involved in the acceptance and/or shipment of hazardous waste via railcar. The permitted facility that has fully complied with this subsection has authorization to conduct the operations involved in the acceptance and/or shipment of hazardous waste via railcar, pending action by the director.

   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/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/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/operator shall unload haz-

ardous 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/operator signs the ship-

ping paper; or

1. B. The owner/operator signs the man-

ifest; or

1. C. The railcar crosses the property

boundary line of the TSB 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 (1994), that fall within the initial seventy-two (72)-hour time period.

1. 4. If the owner/operator finds that a rail-

car shipment must be rejected, the railcar shall be shipped within twenty-four (24) hours of that determination, or within the initial seventy-two (72)-hour time period, whichever is later. The rejection and the reasons for the rejection shall be documented in the facility's operating record.

1. 5. The owner/operator shall attempt to

arrange for the rail carrier to provide the owner/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/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/operators 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/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/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/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/operator’s loading procedures. The locks must remain in place until the owner/operator begins unloading procedures or until the rail carrier picks up the loaded or rejected railcar for transport offsite.
3. (E) In accordance with 40 CFR 264.15, incorporated in this rule, the owner/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/operator shall develop preparedness and prevention procedures and a contingency plan for railcars. If the owner/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 2000.* 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. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000.