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.
Risk-Based Corrective Action rulemakings - Department staff have initiated efforts to adopt two different rule packages related to the Risk-Based Corrective Action, or RBCA, process. Currently, the department has one guidance document for tank sites and another guidance document for other sites. One set of rules will codify portions of the tanks guidance document and the other set of rules will codify portions of the guidance document for other sites. The rulemakings will proceed on similar schedules but the rulemaking for non-tank sites is slightly further along in the process than the rulemaking for tank sites. We invite you to visit this Web site on a periodic basis as updated information will be posted as these two packages proceed through the rulemaking process.
Risk-Based Corrective Action Rules for Tanks
- Final proposed tank rules with post comment-period revisions PDF - Revisions are in blue.
- Draft responses to comments PDF
- May 1 edition of the Missouri Register PDF - This edition of the Missouri Register contains the Risk-Based Corrective Action rules for petroleum storage tanks. The public comment period ended Aug. 27 with a public hearing held Aug. 20 in conjunction with a Hazardous Waste Management Commission meeting.
A transcript of the public hearing PDF is available.
- Comments received on Risk-Based Corrective Action rules for petroleum storage tanks:
- ATC Associates PDF
- Conservation Federation of Missouri PDF
- Delta Consultants PDF
- Department of Health and Human Services PDF
- EPA PDF
- Gredell Engineering Resources PDF
- Landmark Environmental Association PDF
- Midwest Environmental Consultants - David Pate PDF
- Missouri Petroleum Council PDF
- Missouri Coalition for the Environment PDF
- MRP Properties Company PDF
- Petroleum Storage Tank Insurance Fund PDF
- The Risk Assessment & Management (RAM) Group of Gannett Fleming PDF
- Wallis Company - Jessie Christiansen PDF
- Wallis Company - Mark Jordan PDF
- Risk-Based Corrective Action Rules for Tanks Webinar
- Agenda PDF
- Presentation PDF
- Part 1 56mb Video
- Part 2 28mb Video
- Part 3 30mb Video
- Comments received on Risk-Based Corrective Action rules for petroleum storage tanks:
- Tank RBCA Rules Summary PDF
- Regulatory Impact Report PDF The public comment period for the Regulatory Impact Report closed Jan. 9.
- Based on comments regarding the Regulatory Impact Report, the department has developed an estimate of the costs to comply with the proposed RBCA rules.
- The department recognizes that the Regulatory Impact Report did not adequately address proposed amendments to three rules, 10 CSR 26-2.062, 10 CSR 26-2.071 and 10 CSR 26-2.072. In addition, the report did not explain our proposal to restructure all tank-related rules as part of the rule making. We have developed an addendum to the Regulatory Impact Report that addresses the proposed amendments and rule restructuring. The document is available here: Addendum to RIR and Department Actions Subsequent to RIR Public Comment Period PDF
- Draft MRBCA Tank Rules - This page has been updated with the most current version of the draft rules.
- Final Rule Schedule PDF - This document reflects the final schedule for the Tanks RBCA rules.
- Effect of MRBCA Tanks Rules on Structure of Existing Rules PDF
Departmental Risk-Based Corrective Action Rule
- March 2 edition of the Missouri Register - This edition of the Missouri Register contains the departmental risk-based corrective action rule.
- Regulatory Impact Report PDF The department accepted comments on the Regulatory Impact Report through Monday, Dec. 29. No comments were received.
- Missouri Risk-Based Corrective Action Guidance Document
10 CSR 25-19.010 Electronics Scrap Management
Sections 260.1050 to 260.1101 RSMo are titled the Manufacturer Responsibility and Consumer Convenience Collection and Recovery Act. The act requires manufacturers of computers to implement recovery plans for the collection and recycling or reuse of their obsolete equipment. The recovery plan must be implemented and a copy of the plan submitted to the Department of Natural Resources before the manufacturer can sell its computers in Missouri. Manufacturers must also label their equipment to identify themselves as the manufacturer.
Requirements for the recovery plan and reporting by computer manufacturers are listed in the act. Retailers are prohibited from selling new computers in Missouri unless the equipment contains a manufacturer's label and the manufacturer is listed by the department as having a recovery plan.
The act required the Department of Natural Resources to promulgate rules by July 1, 2009 to implement the law. Although many of the details are found in the law itself, the intent of this rule is to implement the act by further defining some of the terms used, clarifying who the law applies to, clearly stating the requirements for both manufacturers and retailers and establishing the standards for handling equipment covered by the law. The rule was published in the Missouri Register on Aug. 3, 2009.
- Comments received on Electronics Scrap Management Rule
- David Beal PDF
- People's Republic of China PDF
- Aug. 3 edition of the Missouri Register PDF- This edition of the Missouri Register contains the Electronics Scrap Management rule.
- Electronic Recovery Rulemaking Workgroup - This Web page contains additional information relating to the department's rulemaking effort.
Submit written comments on any of the above rule developments to
Missouri Department of Natural Resources
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102-0176
orHazardous Waste Management Commission
P.O. Box 176
Jefferson City, MO 65102-0176
