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

1. (1) The regulations set forth in 40 CFR part 266, 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.

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. (Comment: This section has been organized so that all Missouri additions or changes to any subpart of the federal regulations are noted within the corresponding subsection of this section. For example, the changes to the management requirements for hazardous waste fuels, 40 CFR part 266 subpart D, are found in subsection (2)(D) of this rule.)

   1. (A) (Reserved)
   2. (B) (Reserved)
   3. (C) Recyclable Materials Used in a Manner Constituting Disposal. In addition to the requirements in 40 CFR part 266 subpart C incorporated in this rule, a person who is marketing hazardous waste recyclable materials which would be used in a manner constituting disposal must obtain a hazardous waste resource recovery certification pursuant to 10 CSR 25-9.020.
   4. (D) (Reserved)
   5. (E) (Reserved)
   6. (F) Recyclable Materials Used for Precious Metals Recovery. (Reserved)

   7. (G) Spent Lead-Acid Batteries Being Reclaimed. In addition to the requirements in 40 CFR part 266 subpart G a person who reclaims materials from spent lead-acid batteries shall obtain a hazardous waste resource recovery certification pursuant to 10 CSR 25- 9.020.

      1. 1. Owners or operators of facilities that

store spent batteries before reclaiming them are subject to the following requirements:

1. A. Notification requirements under

section 3010 of RCRA;

1. B. All applicable provisions in sub-

parts A, B (but not 40 CFR 264.13 (waste analysis)), C, D, E (but not 264.71 or 264.72 (dealing with the use of the manifest and manifest discrepancies)), and F through L of 40 CFR part 264, as incorporated by reference in 10 CSR 25-7.264(1) and modified in 10 CSR 25-7.264(2)(A) through 10 CSR 25- 7.264(2)(L);

1. C. All applicable provisions in sub-

parts A, B (but not 40 CFR 265.13 (waste analysis)), C, D, E (but not 265.71 or 265.72 (dealing with the use of the manifest and manifest discrepancies)), and F through L of 40 CFR part 265, as incorporated by reference in 10 CSR 25-7.265(1) and modified in 10 CSR 25-7.265(2)(A) through 10 CSR 25- 7.265(2)(L);

1. D. All applicable provisions in parts

270 and 124 of the CFR, as incorporated by reference in 10 CSR 25-7.270 and 10 CSR 25-8.124. (Note: The language printed at 10 CSR 25-7.266(2)(G)1.A.–D. above was originally incorporated by reference from 40 CFR 266.80(b), 1994 edition. The language is reprinted here because it was mistakenly omitted from subsequent editions of the Code of Federal Regulations.)

1. (H) Hazardous Waste Burned in Boilers and Industrial Furnaces. Additions, modifications, and deletions to 40 CFR part 266 subpart H “Hazardous Waste Burned in Boilers and Industrial Furnaces” are as follows:

   1. 1. 40 CFR 266.100(c)(1) is not incorpo-

rated by reference in this rule;

1. 2. Add the following provision to 40

CFR 266.100(d) incorporated in this rule: “The owner/operator of facilities that process hazardous waste solely for metal recovery in accordance with 40 CFR 266.100(d) shall be certified for resource recovery pursuant to 10 CSR 25-9.020”;

1. 3. In 40 CFR 266.101(c)(2) incorporat-

ed in this rule, replace “paragraph (c)(1)” with “paragraphs (c)(1) and (d)(1)”; and

1. 4. 40 CFR 266.101 is amended by

adding a new subsection (d) to 266.101 incorporated in this rule as follows: (d)(1) Treatment facilities. Owners/operators of permitted facilities that thermally, chemically, physically (that is, shredding, grinding, etc.), or biologically treat hazardous waste prior to burning must comply with 10 CSR 25-7.264(2)(X), and owners/operators of interim status facilities that thermally, chemically, physically (that is, shredding, grinding, etc.), or biologically treat hazardous waste prior to burning shall comply with 10 CSR 25-7.265(2)(P) and (Q). Owners/operators of permitted facilities which blend hazardous waste in tanks or containers prior to burning must comply with 10 CSR 25- 7.264(2)(J)6., and owners/operators of interim status facilities that blend hazardous waste in tanks or containers prior to burning shall comply with 10 CSR 25-7.265(2)(J).

1. (I) Reserved.
2. (J) Reserved.
3. (K) Reserved.
4. (L) Reserved.

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

   1. 1. Oral and written notifications re-

quired by 40 CFR 266.203(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; and

1. 2. Oral and written notifications re-

quired by 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.

Editor’s Note: Subsection (2)(H) becomes effective December 31, 1993.

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 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. *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 1977, amended 1980, 1983, 1985, 1988, 2000.