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

Departmental Risk-Based Corrective Action Rule

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.

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

or

Hazardous Waste Management Commission
P.O. Box 176
Jefferson City, MO 65102-0176

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