PURPOSE: This rule incorporates the federal regulations in 40 CFR part 270 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. 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 270, July 1, 2013, except for the changes made at 70 FR 53453 September 8, 2005, and 73 FR 64667 to 73 FR 64788, October 30, 2008, 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 rules control.

   1. (A) Any federal agency, administrator, regulation, or statute that is referenced in 40 CFR part 270 is deleted and the comparable state department, director, rule, or statute as provided in 10 CSR 25-3.260(1)(A) is added in its place except as specified in this rule. The additional substitutions or changes noted in this subsection also apply.
2. (2) The owner or operator of a permitted hazardous waste treatment, storage, or disposal

3. (TSD) facility shall comply with the requirements noted in this rule along with 40 CFR part 270, incorporated in this rule.

   1. (A) General Information. This subsection sets forth requirements which modify or add to those requirements in 40 CFR part 270 subpart A.

      1. 1. When a facility is owned by one (1)

person but is operated by another person, both the owner and operator shall sign the permit application, and the permit shall be issued to both.

1. 2. The owner or operator of a new haz-

ardous waste management facility shall contact the department and obtain a United States Environmental Protection Agency (EPA) identification number as part of the application process for a hazardous waste treatment, storage, or disposal permit.

1. 3. In 40 CFR 270.3 “Considerations

Under Federal Law,” do not substitute any comparable Missouri statute or administrative rule for the federal acts and regulations. This does not relieve the owner or operator of his/her responsibility to comply with any applicable and comparable state law or rule in addition to complying with the federal acts and regulations.

1. (B) Permit Application. This subsection sets forth requirements which modify or add to those requirements in 40 CFR part 270 subpart B.

   1. 1. Existing hazardous waste manage-

ment facilities must submit a Part A permit application to the department no later than sixty (60) days after the effective date of state rules which first require them to comply with the requirements set forth in 10 CSR 25- 7.265 or 10 CSR 25-7.266. A facility which did not meet federal notification and Part A submittal requirements under the Hazardous and Solid Waste Amendments (HSWA) does not qualify for state interim status. State interim status is granted to those facilities which either meet federal interim status requirements, are required to meet state interim status requirements because no federal interim status requirements affect the filing, or become subject to regulations under state rules which are not promulgated to meet the requirements of 40 CFR part 271.

1. 2. Confidentiality may be requested for

certain permit application information submitted pursuant to 40 CFR 270.13(a)–(m) incorporated in this rule. 10 CSR 25- 3.260(1)(B) sets forth requirements for protection of confidential business information and the availability of information provided under 10 CSR 25. Therefore, 40 CFR 270.12 is not incorporated by reference in this rule.

1. 3. All submitted engineering plans and

reports shall be approved by a registered professional engineer licensed by Missouri. The engineering plans and reports shall specify the materials, equipment, construction methods, design standards, and specifications for hazardous waste management facilities, and processes that will be utilized in the construction and operation of the facility. The engineering plans and reports shall also include a diagram of any piping, instrumentation, or process flows, and descriptions of any feed systems, safety cutoffs, bypass systems, and pressure controls (for example, vents).

1. 4. The permit application fee set forth in

10 CSR 25-12.010 shall be submitted with the application.

1. 5. The department will supervise any

field work undertaken to collect geologic and engineering data which is to be submitted with the application. The applicant shall contact the department at least five (5) working days prior to conducting any field work that is undertaken to collect geologic and engineering data which is to be submitted with the application. A fee shall also be assessed pursuant to 10 CSR 25-12.010 for all costs incurred by the department in the observation of field work, engineering, and geological review of the application, and all other review necessary by the department to verify that the application complies with section 260.395.7., RSMo.

1. 6. The permit application shall include

the following information for the purpose of notification:

1. A. Names and address of all persons

listed on the facility mailing list as defined in 10 CSR 25-8.124(1)(A)10.C.(I)(c) submitted in the form of an alphabetical list with five (5) sets of addressed, self-adhesive mailing labels also included; and

1. B. The name, address, and telephone

number of the location where the permit application and supporting documents are to be placed, as described in 10 CSR 25- 8.124(1)(B)3.B.(II)(c) and the name of the person at that location who may be contacted to schedule a review of the documents.

1. 7. An applicant may be required to sub-

mit other information as may be necessary to enable the department to carry out its duties.

1. 8. The owner or operator of a permitted

treatment, storage, and disposal (TSD) facility that accepts and/or ships hazardous waste via railroad tank car (railcar) may submit a railcar management plan in accordance with the requirements set forth in 10 CSR 25- 7.264(3).

1. 9. The person applying for a permit

under sections 260.350–260.434, RSMo, shall comply with the requirements of 10 CSR 25-8.124(1).

1. (C) Permit Conditions. This subsection sets forth requirements which modify or add to those requirements in 40 CFR part 270 subpart C.

   1. 1. This paragraph sets forth the proce-

dures for issuance of a hazardous waste facility permit, construction certification, and authorization to begin operation.

1. A. If, after public notice in accor-

dance with 10 CSR 25-8.124 and review of the application, the department determines that the application conforms with the provisions of sections 260.350–260.434, RSMo, and all standards and rules corresponding, the department shall issue the hazardous waste facility permit to the applicant upon payment of a fee of one thousand dollars ($1000) for each facility for each year the permit is to be in effect beyond the first year.

1. B. The appeal period for a permit or

any condition of a permit begins on the date of issuance of the permit as specified in subparagraph (2)(C)1.A. of this rule. However, for the purposes of termination of interim status pursuant to 40 CFR 270.73(a) incorporated in this rule, final administrative disposition of the permit application occurs either—

1. (I) Thirty (30) days after issuance

of a final permit pursuant to this rule, unless a notice of appeal is filed with the commission within that time;

1. (II) Thirty (30) days after permit

denial pursuant to this rule, unless a notice of appeal is filed with the commission within that time; or

1. (III) Upon the issuance of a deci-

sion by the commission, after timely appeal of an action of this rule.

1. 2. The department may deny the permit

application if—

1. A. The applicant fails to submit a

complete application in accordance with, and within the time specified in, a notice of deficiency issued pursuant to 10 CSR 25- 8.124(1)(A)3.;

1. B. The applicant has failed to fully

disclose all relevant information in the application or during the permit issuance process or has misrepresented facts at any time;

1. C. The department determines that

the application does not conform with the provisions of sections 260.350–260.434, RSMo, and all corresponding standards and rules, or that the facility cannot be effectively operated and maintained in full compliance with sections 260.350–260.434, RSMo, and all corresponding standards and rules, or that the facility is being operated or maintained in violation of a present permit, or that continued operation of the facility presents an unreasonable threat to human health or the environment or will create or allow for the continuance of a public nuisance;

1. D. The department determines that

one (1) of the conditions specified in section 260.395.17., RSMo, is present; or

1. E. The applicant owner or operator

fails to submit the permit fees specified in subparagraph (2)(C)1.A. of this rule within thirty (30) days of receipt of notice from the department that the fees are due.

1. (D) Changes to Permit. (Reserved)
2. (E) Expiration and Continuation of Permits. (Reserved)
3. (F) Special Forms of Permits. (Reserved)

4. (G) Interim Status. This subsection sets forth requirements which modify or add to those requirements in 40 CFR part 270 subpart G. 10 CSR 25-7

   1. 1. An owner or operator who becomes

regulated under 10 CSR 25-7 shall operate in compliance with interim status in accordance with paragraph (2)(B)1. of this rule.

1. 2. In addition to the items in 40 CFR

270.73 incorporated in this rule, interim status terminates when the department issues an order or commences an action pursuant to paragraph (2)(G)4. of this rule requiring the owner or operator to cease operations and undertake closure actions at the facility or at a unit.

1. 3. The owner or operator, at any time,

may voluntarily submit a permit application pursuant to this rule.

1. 4. Upon a determination by the depart-

ment that the facility is not being operated or cannot be operated in full compliance with the requirements of 10 CSR 25-7.265, the department, in lieu of, or in addition to, requiring the submittal of a permit application pursuant to paragraph (2)(G)1. of this rule, may take an enforcement action pursuant to sections 260.410, 260.420, and 260.425, RSMo, as it deems appropriate under the circumstances in order to fully and effectively protect public health and the environment.

AUTHORITY: sections 260.370, 260.373, 260.390, and 260.395, RSMo 2016.* 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, 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 April 4, 1994, effective Oct. 30, 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.

*Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.373, RSMo 2012; 260.390, RSMo 1977, amended 1980, 1983, 1985, 1993, 2013; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000, 2013, 2015.