November 5, 2013

Implementation of No Stricter/No Sooner

Law by

Leanne Tippett Mosby, MDNR DEQ

Richard H. Rocha, Bayer CropScience LP

Outline:

• Background

• Details of No Stricter / No Sooner

• Exceptions

• Schedule

• Example Discussion

• Questions

Background: House Bill 1251

Hazardous waste regulations in Missouri

Signed into law on July 10, 2012

Created new law - RSMo 260.373.1

“No Stricter/No Sooner”

Similar to Air’s “0.055” no stricter/no sooner law

Effective date August 28, 2012

Includes milestones with deadlines

Substantial administrative undertaking!

__________

RSMo. = Revised Statues of Missouri

Limitations: ► Imposes limitations on Hazardous Waste Management

Commission (HWMC)

► Missouri hazardous waste rules cannot be more stringent than Federal rules, or sooner . .

► . . . except as specifically allowed by 260.373.1

No stricter than . . Can be stricter than . .

40 CFR 260 40 CFR 263

40 CFR 261 40 CFR 266

40 CFR 262 40 CFR 267

40 CFR 264 / 265 40 CFR 273

40 CFR 268 40 CFR 279

40 CFR 270

Limitations (continued): ► “No Stricter / No Sooner”

► Missouri hazardous regulations impacted

► . . . unless specifically allowed by 260.373.1

No stricter than Federal Regulation

Impact to Missouri Regulation . . .

40 CFR 260 10 CSR 25-3.260

40 CFR 261 10 CSR 25-4.261

40 CFR 262 10 CSR 25-5.262

40 CFR 264 / 265 10 CSR 25-7.264 / 265

40 CFR 268 10 CSR 25-7.268

40 CFR 270 10 CSR 25-7.270

Option to be More Stringent:

HWMC option to impose more stringent rules for:

► Waste generator thresholds CESQG, SQG, and LQG

► Waste generators registration requirements

► Reporting of hazardous waste activities to the MDNR*

► DOT labels on containers and tanks

► Hazardous secondary materials:

used to make zinc fertilizers

burned for fuel or that are recycled

__________

* Conditional upon electronic reporting tool being in place by July 2015

Schedule:

► Multi-year administrative effort

► By December 31, 2013 - MDNR must identify existing hazardous waste rules that are inconsistent with RSMo. 260.373.1

► Then, MDNR to file rulemaking to amend the inconsistent hazardous waste rules

► Any regulation still inconsistent on December 31, 2015, automatically becomes null and void

► Remember, facility’s with a Hazardous Waste Management Facility permit must undertake a permit modification to change a permit condition

Housekeeping:

As part of “no stricter/no sooner” rulemaking, MDNR will also:

– update a few Federal rule references

– hazardous waste container labeling

– remove obsolete rules

– address recent HB 28 changes:

Health Profile

Habitual Violator Requirement

Status:

Ahead of schedule

MDNR has done a fantastic job implementing RSMo. 260.373.1!

Stakeholder input

Well documented, systematic, methodical, and transparent process

Color-coded, line numbers, etc.

Final report identifying inconsistent rules provided to HWMC on October 17, 2013

Details:

► Final report to HWMC details applicability of RSMo. 260.373.1 to Missouri hazardous waste regulations chapters 3, 4, 5, and 7

► Appendix D of final report includes Missouri hazardous waste regulations marked-up to show:

- rules that stay

- to be deleted

- further evaluation necessary

Interpretation:

► Stakeholders in agreement with majority of MDNR’s identified rule changes

► However, several different points of view remain on several specific regulations

► Not all stakeholders agree with decision to keep Missouri regulations that restate, or added clarity, to Federal regulations

► Also, difference of opinion remains on a few regulations - are they more stringent?

elementary neutralization

railcars to ship/receive hazardous waste

Railcar Example:

40 CFR 260.10 - Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Railcar Example (continued):

► Inspection frequency is just one of several requirements that Missouri’s 10 CSR 25-7.264(3) regulations impose on railcars that do not appear in Federal regulations.

► Missouri’s regulation requires railcar containers be inspected daily

► MDNR’s current plan is to retain 10 CSR 25-7.264(3)(E)

► Justification to retain this rule is not clear

Container Type

Inspection Frequency

Regulation

Federal Missouri

weekly 40 CFR 262.34, cross-referencing 40 CFR 265.174

10 CSR 25-5.262(2)(C), cross-referencing 10 CSR 25-7.265(2)(I), incorporating 40 CFR §265.174

daily

no special Federal rules on railcars, treated like containers

10 CSR 25-7.264(3)(E)

Next Steps:

MDNR to address regulations identified as requiring further review (i.e., shaded in Appendix D)

Rulemaking initiated with HWMC to ammend Missouri hazardous waste rules inconsistent with RSMo 260.373.1

Questions?