PURPOSE: This rule establishes standards and requirements that identify hazardous wastes that are restricted from land disposal.

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 268, 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 who generate or transport hazardous waste and owners or operators of hazardous waste treatment, storage, and disposal facilities shall comply with this section in addition to the regulations in 40 CFR part 268. (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 changes to 40 CFR part 268 subpart A are found in subsection (2)(A) of this rule.)

   1. (A) General.

      1. 1. (Reserved)
      2. 2. The state cannot be delegated the authority from

the United States Environmental Protection Agency (EPA) to approve extensions to effective dates of any applicable restrictions, as provided in 40 CFR 268.5 incorporated in this rule. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 268.5 as incorporated in this rule. This modification does not relieve the regulated person of their responsibility to comply with 40 CFR 268.5 of the federal hazardous waste management regulations.

1. 3. The state cannot be delegated the authority from the

EPA to approve exemptions from prohibitions for the disposal of a restricted hazardous waste in a particular unit(s) based upon a petition demonstrating, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit(s) for as long as the wastes remain hazardous as provided in 40 CFR 268.6 incorporated in this rule. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 268.6 as incorporated in this rule. This modification does not relieve the regulated person of their responsibility to comply with 40 CFR 268.6 of the federal hazardous waste management regulations.

1. (B) 40 CFR part 268 subpart B, Schedule for Land Disposal Prohibition and Establishment of Treatment Standards. (Reserved)
2. (C) Prohibitions on Land Disposal. (Reserved)

3. (D) Treatment Standards. This subsection sets forth modifications to 40 CFR part 268 subpart D incorporated by reference in section (1) of this rule.

   1. 1. The state cannot be delegated the authority from the

U.S. EPA to allow the use of alternative treatment methods as provided in 40 CFR 268.42(b) incorporated in this rule. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 268.42(b) as incorporated in this rule. This modification does not relieve the regulated person of his/her responsibility to comply with 40 CFR 268.42(b) of the federal hazardous waste management regulations.

1. 2. The state cannot be delegated the authority from the

U.S. EPA to approve variances from treatment standards as provided in 40 CFR 268.44 incorporated in this rule. The substitution of terms in 10 CSR 25-3.260(1)(A) does not apply in 40 CFR 268.44, as incorporated in this rule. This modification does not relieve the regulated person of his/her responsibility to comply with 40 CFR 268.44 of the federal hazardous waste management regulations.

1. (E) Prohibitions on Storage. (Reserved)

1. (3) Appendixes.

   1. (A) Appendixes I-II to Part 268. (Reserved)
   2. (B) Appendix III to Part 268 List of Halogenated Organic Compounds Regulated Under Section 268.32. (Reserved)
   3. (C) Appendix IV to Part 268 Wastes Excluded From Lab Packs Under the Alternative Treatment Standards of Section 268.42(c). (Reserved)
   4. (D) Appendix V to Part 268. (Reserved)
   5. (E) Appendix VI to Part 268 Recommended Technologies To Achieve Deactivation of Characteristics in Section 268.42. (Reserved)
   6. (F) Appendix VII to Part 268 LDR Effective Dates of Surface Disposed Prohibited Hazardous Wastes. (Reserved)
   7. (G) Appendix VIII to Part 268 LDR Effective Dates of Injected Prohibited Hazardous Wastes. (Reserved)
   8. (H) Appendix IX to Part 268 Extraction Procedure (EP) Toxicity Test Method and Structural Integrity Test (Method 1310B). (Reserved)
   9. (I) Appendix X to Part 268. (Reserved)
   10. (J) Appendix XI to Part 268 Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit According to 40 CFR 268.3(c). (Reserved)

AUTHORITY: sections 260.370, 260.390, 260.395, and 260.400, RSMo 2016.* Original rule filed Feb. 16, 1990, effective Dec. 31, 1990. Rescinded and readopted: 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 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 July 10, 2024, effective Feb. 28, 2025. *Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015; and 260.400, RSMo 1977, amended 1980, 1993.