Hazardous Waste Program

Rules in Development

The following rule developments are being considered. The Regulatory Impact Report provides information on the rule development. Please provide comments in the time frames indicated. All comments received will be posted with responses prior to filing as a proposed rulemaking. Once filed and published in the Missouri Register, there will be another opportunity to comment during the proposed rulemaking open comment period and public hearing prior to adoption. Thank you for your interest and assistance in developing these rules.

• Health Profile Rulemaking – 10 CSR 25-7.264(2)(P)
  • This rulemaking was published in the Nov. 30, 2011 revision of Missouri's Code of State Regulations.
  All hazardous waste permitted treatment and operating disposal facilities are required to submit health profiles with their permit applications. The Department of Natural Resources shares the submitted health profiles with the Department of Health and Senior Services. The Department of Health and Senior Services reviews and evaluates the profiles and provides information back to the Department of Natural Resources. 

The regulations state the health profiles “shall include efforts to identify any serious illnesses, the rate of which exceeds the state average for the illnesses, which might be attributable to environmental contamination.”  The requirements are outlined in Missouri’s hazardous waste law and regulations.

• Final Order of Rulemaking
• Health Profile Workgroup Web page

The Missouri Department of Natural Resources accepted comments on a Regulatory Impact Report for the proposed rulemaking through Jan. 31. No comments were received.

• Incorporation by reference of July 1, 2010 Code of Federal Regulations
  • This rulemaking was published in the Nov. 30, 2011 revision of Missouri's Code of State Regulations.
  • Final Order of Rulemaking
  Program staff recently filed thirteen Orders of Rulemaking for amendments of rules in Title 10, Division 25 of the Code of State Regulations. These amendments include some federal rules adopted since July 1, 2006, and corrections of existing federal rules at the request of the Environmental Protection Agency, including rules related to used oil, universal waste, boilers and industrial furnaces. 

The following federal rules are being proposed for adoption in this group of amendments:

• Academic Laboratories Generator Standards
• Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to Produce Synthesis Gas
• NESHAP: Final Standards for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II) Amendments
• F019 Exemption for Wastewater Treatment Sludges from Auto Manufacturing Zinc Phosphating Processes
• Hazardous Waste and Used Oil; Corrections to Errors in the Code of Federal Regulations
• Transboundary shipments of hazardous wastes and exports of spent lead-acid batteries
• Hazardous waste technical corrections and clarifications

• Underground Storage Tanks – Technical Regulations – 10 CSR 20

• The underground storage tank regulation revisions have been published in the Nov. 30, 2011 revision of Missouri’s Code of State Regulations.
• Final Order of Rulemaking

The current state regulations were established in 1989 in response to and mirroring the federal regulations enacted in 1988. The regulations have not been updated since. As such, many of the regulations do not reflect current equipment, testing methods, manufacturers’ requirements, industry standards and recommended practices. In addition, many of these regulations are not as specific as they could be and in some cases they are ambiguous, leaving room for more than one interpretation. Over the years the department has addressed these issues through regulatory determinations, but amending the language of the rule will result in more definitive language that leaves less room for ambiguity, confusion and interpretation.

In addition to clarifying and updating existing rules, new rules will be proposed as well. These changes will help prevent releases of product to the environment from underground storage tank systems, provide better release detection, should a leak occur, and remove storage tank systems that pose the greatest risk to the environment. Changes may also help ensure that the installation of new underground storage tank systems are done properly and by trained, insured installers. 

The department has initiated discussions on necessary rule changes with members of the regulated community and staff of the Petroleum Storage Tank Insurance Fund, or PSTIF. All parties agreed that the existing rules would benefit from additional clarification and that new requirements were necessary to respond to specific issues that have come to our attention over the years. PSTIF staff have initiated discussions with their stakeholders about this effort so the timing is appropriate for the department to initiate discussions with its stakeholders so that the process can move forward. The department will solicit input during the rule development process through internet postings, our email service, newsletters from the department, PSTIF and Missouri Petroleum Marketers and Convenience Store Association newsletters, tank owner/operator meetings, tank installer contacts as well as stakeholder meetings.

For additional information, visit the Web page for the workgroup that discussed these changes or contact Heather Peters by email or by telephone at 573-751-7877.

Back to top