PURPOSE: This rule incorporates 40 CFR part 265 by reference and sets forth additional state standards.

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) The regulations set forth in 40 CFR part 265, July 1, 2010, 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 modifications set forth in section (2) of this rule. Where conflicting rules exist in 10 CSR 25, the more stringent shall control.

1. (2) The owner/operator of a treatment, storage, or disposal (TSD) facility shall comply with the requirements noted in this section in addition to requirements set forth in 40 CFR part 265 incorporated in this rule. In the case of contradictory or conflicting requirements 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 requirements to be added to 40 CFR part 265 subpart A are found in subsection (2)(A) of this rule.)

   1. (A) General. In addition to the requirements in 40 CFR part 265 subpart A, the following regulations also apply:

      1. 1. This rule does not apply to an

owner/operator of an elementary neutralization unit or a wastewater treatment unit receiving only hazardous waste generated onsite or generated by its operator or only one (1) operator if the unit meets the standards set forth in 10 CSR 25-7.270(2)(A)3.;

1. 2. This rule does not apply to an

owner/operator for that portion of or process at the facility which is in compliance with 10 CSR 25-9.020 Hazardous Waste Resource Recovery Processes. (Note: Underground injection wells are prohibited in Missouri by section 577.155, RSMo.);

1. 3. State interim status is authorization to

operate a hazardous waste treatment, storage, or disposal facility pursuant to section 260.395.15, RSMo, 10 CSR 25-7.265, and 10 CSR 25-7.270 until the final administrative disposition of the permit application is made or until interim status is terminated pursuant to 10 CSR 25-7.270. The owner/operator of a facility or unit operating under state interim status shall comply with the requirements of this rule and 10 CSR 25- 7.270. In addition to providing notification to the Environmental Protection Agency (EPA), the owner/operator is required to provide state notification in accordance with 10 CSR 25-7.270; and

1. 4. Hazardous waste which must be man-

aged in a permitted unit (e.g., waste generated on-site and stored beyond the time frames allowed without a permit pursuant to 10 CSR 25-5.262, waste received from off-site, 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 in areas for handling during the time 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 the necessary movement of hazardous waste into, out of, and through facilities, and not to evade permit requirements.).

1. (B) General Facility Standards. This subsection sets forth requirements that modify or add to the requirements in 40 CFR part 265 subpart B.

   1. 1. In addition to the requirements in 40

CFR 265.12(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 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. 40 CFR 265.15(b)(5) is not incorpo-

rated in this rule.

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

   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

2. (D) Contingency Plan and Emergency Procedures. (Reserved)

3. (E) Manifest System, Record Keeping, and Reporting. This subsection sets forth standards which modify or add to those requirements in 40 CFR part 265 subpart E.

   1. 1. All owners/operators shall comply

with the 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. 2. 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. A. All hazardous waste generated on-

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

1. B. 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. 3. 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. A. A description and the quantity of

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

1. B. For each hazardous waste that is

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

1. C. For imports, the name and address

of the foreign generator;

1. D. The corresponding method of

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

1. 4. As outlined in section 260.380.2, 10 CSR 25-7

RSMo, all owners/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/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/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/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/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.

1. (F) Groundwater Monitoring. (Reserved)

2. (G) Closure and Post-Closure. This subsection sets forth additional requirements to 40 CFR part 265 subpart G, incorporated in this rule.

   1. 1. The incorporation by reference of 40

CFR 265.113(d) and (e) does not relieve the owner/operator of his/her responsibility to comply with 10 CSR 80 if a solid waste permit is required under those rules.

1. 2. The owner/operator of a hazardous

waste unit which is certifying closure with residues left in place, regardless of the level of treatment to render the residue nonhazardous, shall meet the requirements in 40 CFR 265.116 incorporated in this rule.

1. 3. In addition to requirements in 40

CFR 265.116, when an owner/operator certifies a closure which did not result in removal of hazardous 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 will notify, in perpetuity, a potential purchaser of the property that the land has been used to manage hazardous waste.

1. 4. In addition to the requirements in 40

CFR 265.116 and 265.119 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(s) shall be recorded with the recorder(s) of deeds in all counties in which the facility or part of 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 265 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 treatment, storage, and disposal facility for 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 265.143(a)(3), incorporat-

ed by reference in this rule, delete “the 20 years” and insert in its place “a period of five (5) years.”

1. 3. In 40 CFR 265.145(a)(3), incorporat-

ed by reference in this rule, delete “the 20 years” and insert in its place “a period of five (5) years.”

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 265.143(b) or 40 CFR 265.145(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) Interim status is terminated or

revoked; 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 (2)(H)4.B.(III) of this subparagraph is pending.

1. C. Facilities that have a surety bond

or bonds 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 letters of credit per 40 CFR 265.143(c), incorporated in this rule, 40 CFR 265.145(c), incorporated in this rule, and 40 CFR 265.147(h), incorporated in this rule. Letters of credit shall be issued by a stateor federally-chartered and regulated bank or trust association.

1. 6. 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 265.143(e), incorporated in this rule, 40 CFR 265.145(e), incorporated in this rule, or 40 CFR 265.147(f), incorporated in this rule.

1. 7. This paragraph modifies the require-

ments for closure insurance per 40 CFR 265.143(d), incorporated in this rule, postclosure insurance per 40 CFR 265.145(d), incorporated in this rule, liability coverage for sudden accidental occurrences per 40 CFR 265.147(a)(1), incorporated in this rule, and liability coverage for non-sudden accidental occurrences per 40 CFR 265.147(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. 8. In 40 CFR 265.143(e), incorporated

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

1. 9. In 40 CFR 265.145(e), incorporated

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

1. 10. In 40 CFR 265.147(g), incorporated

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

1. (I) Use and Management of Containers. This subsection sets forth additional standards for container storage areas.

   1. 1. Container storage areas shall have a

containment system that is designed and operated in accordance with paragraph (2)(I)2. of this rule except as provided by paragraph (2)(I)4. of this rule.

1. 2. A containment system shall be

designed, maintained, and operated as follows:

1. A. A containment system shall have 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;

1. B. The base shall be sloped or the

containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or otherwise protected from contact with accumulated liquids;

1. C. The containment system shall 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;

1. D. Run-on into the containment sys-

tem shall be prevented unless the collection system has sufficient excess capacity in addition to that required in subparagraph (2)(I)2.C. of this rule to contain any run-on which might enter the system; and

1. E. Spilled or leaked waste and accu-

mulated precipitation shall be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system.

1. 3. The containment system shall also be

inspected as part of the weekly inspections required by 40 CFR 265.174, incorporated in this rule.

1. 4. Storage areas that store containers

holding only wastes that do not contain free liquids or storage facilities that store less than one thousand kilograms (1,000 kg) of nonacute hazardous waste containing free liquids need not have a containment system described in paragraph (2)(I)2. of this rule provided that—

1. A. The storage area is sloped or is

otherwise designed and operated to drain and remove liquid resulting from precipitation; or

1. B. The containers are elevated or are

otherwise protected from contact with accumulated liquid.

1. 5. 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. 6. 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 25-7.265(2)(G).

1. 7. Containers holding ignitable or reac-

tive waste which 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. 8. Containers holding ignitable or reac-

tive waste which 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 Association (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 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 a one and one-half (1.5)-inch line or oneinch (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 (1990 edition) 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

that 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, placed, or both, closer than three feet (3') from ceilings or any roof members; 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 modifies and adds to the incorporation of 40 CFR part 265 subpart J.

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

ed by reference. 10 CSR 25-7

1. 2. In 40 CFR 265.193(g)(1) incorporat-

ed 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 265.193(g)(2) is not incorporated by reference in this rule. In 40 CFR 265.193(g)(4)(ii) incorporated in this rule, substitute “264.197(b)” for “265.197(b).” For purposes of 40 CFR 265.193(h) incorporated in this rule, “variance” means exception.

1. 3. In 40 CFR 265.196(c) and (c)(2)

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 25-7.265(2)(G).

1. (K) Surface Impoundments. In addition to the requirements in 40 CFR part 265 subpart K, those surface impoundments which are intended to be closed without removing the hazardous waste shall meet the requirements of 10 CSR 25-7.264(2)(N)1.A. and 40 CFR part 264 subpart N as incorporated in 10 CSR 25-7.264. If the site location for any such impoundment cannot meet these site specific location 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 not feasible to remove contaminated material down to background concentrations during closure, the owner/operator shall comply with 40 CFR 264.228(b) incorporated in 10 CSR 25-7.264 or shall submit a delisting petition and obtain approval from EPA for that delisting petition pursuant to 40 CFR 260.20 and 40 CFR 260.22 for the contaminated material not removed during closure.
2. (L) Waste Piles. (Reserved)
3. (M) Land Treatment. (Reserved)
4. (N) Landfills. (Reserved)
5. (O) Incinerators. (Reserved)
6. (P) Thermal Treatment. (Reserved)
7. (Q) Chemical, Physical, and Biological Treatment. (Reserved)
8. (R) Underground Injection. 40 CFR part 265 subpart R is not incorporated by reference.
9. (S) (Reserved)
10. (T) (Reserved)
11. (U) (Reserved)
12. (V) (Reserved)
13. (W) Drip Pads. 40 CFR part 265 subpart W is not incorporated by reference.
14. (X) (Reserved)
15. (Y) (Reserved)
16. (Z) (Reserved)
17. (AA) Air Emission Standards for Process Vents. (Reserved)
18. (BB) Air Emission Standards for Equipment Leaks. (Reserved)
19. (CC) Air Emission Standards for Tanks, Surface Impoundments, and Containers. (Reserved)
20. (DD) Containment Buildings. (Reserved)
21. (EE) Hazardous Waste Munitions and Explosives Storage. (Reserved)

1. (3) This section applies to TSD facilities that accept and/or ship hazardous waste via railroad tank cars (railcars). The owner/operator of a TSD facility shall comply with requirements set forth in 10 CSR 25-7.264(3) and shall submit a rail car management plan for inclusion in their part B permit application within one hundred eighty (180) days of the effective date of this section.

AUTHORITY : section 260.370, RSMo Supp. 2010 and sections 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. 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.

*Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993; and 260.395, RSMo 1973, amended 1980, 1983, 1985, 1988, 2000.