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.

Underground Storage Tanks – Technical Rules – 10 CSR 26-2
In 2011, the department updated the technical rules in 10 CSR 26 Chapter 2, including incorporating by reference the 2004 as modified in 2005 tanks risk-based corrective action, or RBCA, guidance document. The incorporation by reference was made in three rules: 10 CSR 26-2.062, 10 CSR 26-2.078, and 10 CSR 26-2.082.  However, each reference stated that tank owners and operators may use the 2004/2005 RBCA guidance as a written procedure only until Dec. 31, 2012.  With this rulemaking, the department removed the December deadline date. In addition, via this rulemaking the department incorporated into rule by reference an updated tanks RBCA guidance completed in 2013. The department updated the guidance to clarify certain requirements and provisions, to streamline the guidance by removing unnecessary text, and to facilitate publication of Tier 1 risk-based target levels (RBTLs) updated based on new toxicity data and calculation methodology.

The amended rules were published in the Code of State Regulations on Jan. 29, 2014, with an effective date of Feb. 28, 2014. 

Public Comment Period: Comments received
The public comment period for the rulemaking described above occurred from July 17, 2013, to Aug. 22, 2013.  The department received the following comments during the comment period:

Brian Porter, Terracon
Carol Eighmey, Petroleum Storage Tank Insurance Fund
Mark Jordan, Wallis Companies
Donnie Greenwalt, Wallis Companies
Ron Leone, Missouri Petroleum Marketers and Convenience Store Association

Regulatory Impact Report, Draft Rule Text and Updated Risk-Based Corrective Action Guidance
The department completed a regulatory impact report (RIR) and draft rule text for this rulemaking which will incorporate by reference the 2013 revision to the Tanks RBCA guidance.

The comment period for the RIR expired on May 1, 2013. The next opportunity to comment on the rules and updated guidance began on July 15, 2013, with publication of the proposed rule amendments in the Missouri Register. That public comment period ended on Aug. 22, 2013.

On Aug. 15, 2013, a public hearing regarding the rules was held at 10:30 a.m. at the Elm Street Conference Center, 1738 E. Elm St., Jefferson City.  

Comments regarding the rules were accepted until midnight on Aug. 22, 2013. 

The department’s contact for this rulemaking was:

Tim Chibnall, Environmental Specialist IV
Missouri Department of Natural Resources
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102-0176
Fax: 573-751-7869
Email: tim.chibnall@dnr.mo.gov


Proposed Amendments to Rules in Title 10, Division 25 of the Code of State Regulations

Department staff have been working with stakeholders and participants in the Hazardous Waste Forum to develop a group of proposed changes to the hazardous waste rules in Title 10, Division 25 of the Code of State Regulations (10 CSR 25).  House Bill 1251 (HB 1251), passed by the 2012 General Assembly and codified in Section 260.373 RSMo, required the department to identify existing rules in Chapters 3, 4, 5 and 7 of 10 CSR 25 that need to be amended to be consistent with the requirements of Section 260.373. That section limits the authority of the Missouri Hazardous Waste Management Commission (HWMC) to adopt rules that are stricter than, or that establish requirements sooner than, the corresponding federal regulations in certain subject areas. The department has completed the identification and review process for these chapters and has completed an initial draft of the proposed rule amendments that will implement the necessary changes. 

In addition to the changes related to “no stricter than”, multiple rules in 10 CSR 25 will be amended to update the incorporation by reference of the Code of Federal Regulations.  In October 2012, the Commission approved a finding of necessity to update the incorporation by reference to the 2012 Code of Federal Regulations (CFR), but that effort was put on hold while the no stricter than changes were developed. Now that that process is complete, the necessary amendments to update the adoption of the CFR to the July 1, 2013 edition may proceed.  The department proposes to also adopt two additional rules published by EPA since July 1, 2012.

The additional amendments during this time period that would be incorporated are:

Related documents

List of rules to be amended

For questions about the rulemaking process, the review and identification process for the affected rules, or the report to the commission, please contact Tim Eiken, Rules Coordinator of the Hazardous Waste Program at 573-522-8057.


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