PURPOSE: This rule incorporates federal regulations in 40 CFR part 266 by reference and provides Missouri specific additions, deletions, or changes to the federal regulations. This rule provides limited standards for certain hazardous waste management practices, particularly in regard to recyclable materials and sets forth standards for recyclable materials used in a manner constituting disposal, hazardous waste burned in boilers and industrial furnaces recyclable materials utilized for precious metals recovery, and spent lead-acid batteries being reclaimed. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) The regulations set forth in 40 CFR part 266, July 1, 2024, 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, but in no circumstance shall the more stringent rule violate the statutory requirements set forth in 260.373, RSMo.

2. (2) Persons subject to the regulations in 40 CFR part 266 shall comply with the requirements, changes, additions, or deletions noted in this section in addition to 40 CFR part 266 incorporated in this rule.

   1. (A) (Reserved)
   2. (B) (Reserved)
   3. (C) Recyclable Materials Used in a Manner Constituting Disposal. (Reserved)
   4. (D) (Reserved)
   5. (E) (Reserved)
   6. (F) Recyclable Materials Used for Precious Metals Recovery. (Reserved)
   7. (G) Spent Lead-Acid Batteries Being Reclaimed. (Reserved)
   8. (H) Hazardous Waste Burned in Boilers and Industrial Furnaces. (Reserved)
   9. (I) (Reserved)
   10. (J) (Reserved)
   11. (K) (Reserved)
   12. (L) (Reserved)

   13. (M) Military Munitions. Additions, modifications, and deletions to 40 CFR part 266 subpart M “Military Munitions” are—

       1. 1. Oral and written notifications required by 40 CFR

266.203(a)(1) and 40 CFR 266.205(a)(1) shall be submitted to the department’s emergency response coordinator at (573) 634- 2436 or (573) 634-CHEM, in lieu of the director.

1. (N) Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation, and Disposal. (Reserved)
2. (O) (Reserved)
3. (P) Hazardous Waste Pharmaceuticals. (Reserved)

1. (3) Appendixes.

   1. (A) Appendix I to Part 266 Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals. (Reserved)
   2. (B) Appendix II to Part 266 Tier I Feed Rate Screening Limits for Total Chlorine. (Reserved)
   3. (C) Appendix III to Part 266 Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen Chloride. (Reserved)
   4. (D) Appendix IV to Part 266 Reference Air Concentrations. (Reserved)
   5. (E) Appendix V to Part 266 Risk Specific Doses (10−5). (Reserved)
   6. (F) Appendix VI to Part 266 Stack Plume Rise. (Reserved)
   7. (G) Appendix VII to Part 266 Health-Based Limits for Exclusion of Waste-Derived Residues. (Reserved)
   8. (H) Appendix VIII to Part 266 Organic Compounds for Which Residues Must Be Analyzed. (Reserved)
   9. (I) Appendix IX to Part 266 Methods Manual for Compliance With the BIF Regulations. (Reserved)
   10. (J) Appendix X to Part 266. (Reserved)
   11. (K) Appendix XI to Part 266 Lead-Bearing Materials That May be Processed in Exempt Lead Smelters. (Reserved)
   12. (L) Appendix XII to Part 266 Nickel or Chromium-Bearing Materials That May Be Processed in Exempt Nickel-Chromium Recovery Furnaces. (Reserved)
   13. (M) Appendix XIII to Part 266 Mercury Bearing Wastes That May Be Processed in Exempt Mercury Recovery Units. (Reserved)

AUTHORITY: sections 260.370, 260.390, and 260.395, RSMo 2016, and section 260.373, RSMo Supp. 2024.* Original rule filed Dec. 16, 1985, effective Oct. 1, 1986. Amended: Filed Feb. 3, 1987, effective Aug. 1, 1987. Amended: Filed Dec. 1, 1987, effective Aug. 12, 1988. Amended: Filed Feb. 16, 1990, effective Dec. 31, 1990. Amended: Filed Jan. 15, 1991, effective Aug. 1, 1991. Amended: Filed Feb. 14, 1992, effective Dec. 3, 1992. Amended: Filed Jan. 5, 1994, effective Aug. 28, 1994. Amended: Filed Aug. 16, 1995, effective April 30, 1996. Amended: Filed June 1, 1998, effective Jan. 30, 1999. Amended: Filed Feb. 1, 2001, effective Oct. 30, 2001. Amended: Filed March 31, 2006, effective Dec. 30, 2006. Amended: Filed Oct. 15, 2008, effective June 30, 2009. Amended: Filed April 15, 2011, effective Dec. 30, 2011. Amended: Filed April 15, 2015, effective Dec. 30, 2015. Amended: Filed June 14, 2018, effective March 30, 2019. Amended: Filed July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.373, RSMo 2012, amended 2022; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015.