10 CSR 25-6.263 - Standards for Transporters of Hazardous Waste
PURPOSE: All of the rules in Title 10, Division 25 relating to hazardous waste generators, permitted hazardous waste facilities, and hazardous waste transporters were reviewed as part of the department's Red Tape Reduction initiative for the purpose of reducing regulations that unnecessarily burden individuals and businesses while doing little to protect or improve public health and safety and our natural resources. The purpose of this amendment is to make changes consistent with this initiative to this rule.
(1) The regulations set
forth in 40 CFR part 263, July 1, 2013; 49 CFR parts 171-180, November 1, 1990,
and December 1, 1997; and 49 CFR parts 40, 383, 387, 390-397, October 1, 1990,
and October 1, 1997, as published by the Office of the Federal Register,
National Archives and Records Administration, Superintendent of Documents,
Pittsburgh, PA 15250-7954, are incorporated by reference, except for
49 CFR
390.3(f)(2), which is not
incorporated by reference. This rule does not incorporate any subsequent
amendments or additions. Except as provided otherwise in this rule, the
substitution of terms set forth in
10 CSR
25-3.260(1)(A) applies in this rule
in addition to any other modifications set forth in section (2) of this rule
except that the modifications do not apply to the 49 CFR parts incorporated in
this rule. Where conflicting rules exist in 10 CSR 25, the more stringent rules
control.
(2) A hazardous waste
transporter shall comply with the requirements of this section in addition to
those set forth in section (1). Any reference to a 40 CFR cite in this section
means as that provision is incorporated in 10 CSR 25. (Comment: This section
has been organized in order within the corresponding subsection of this
section. For example, the additional requirements being added to 40 CFR part
263 subpart A are found in subsection (2)(A).)
(A) In addition to the requirements in 40 CFR
part 263 subpart A, the following applies:
1.
In 40 CFR
263.10(a) and (c)(1),
incorporated in this rule, substitute "the state of Missouri" for "United
States";
2. In the last paragraph
of the note following
40 CFR
263.10(a), change "49 CFR
parts 171 through 179" to "49 CFR parts 171 through 180 and parts 383, 387, and
390-397" and add the following to the note: "The parts of 49 CFR are
incorporated to the extent that these regulations do not conflict with the laws
and regulations of the state of Missouri, or, in the event the regulations
conflict, the more stringent regulations control. The equipment used in the
transportation of hazardous waste shall meet the standards of the Missouri
Department of Transportation's Division of Motor Carrier and Railroad Safety,
the United States Department of Transportation, and the Federal Railroad
Administration, or any combination of them, as applicable for the types of
hazardous materials for which it will be used. The equipment to be used in the
transportation of hazardous waste shall be compatible with that waste and
adequate to protect the health of humans and prevent damage to the
environment";
3. License
requirements for power unit transporters of hazardous waste, used oil, or
infectious waste. In accordance with 10 CSR 25-6.263,
10 CSR
25-11.279(2)(E) 1., or
10 CSR
80-7.010(4), to be licensed by the
department hazardous waste transporters shall comply with the following
requirements:
A. Power unit transporters shall
submit to the department an application for a license on a form furnished by
the department and completed with the following information:
(I) The applicant's name, address, location
of the principal office, or place of business, and the legal owner of the
applicant company;
(II) A
description of the service proposed to be rendered;
(III) The applicant's Environmental
Protection Agency (EPA) identification number;
(IV) The number of power units to be
used;
(V) A certification that the
applicant's equipment and operating procedures meet the standards of the
Missouri Division of Motor Carrier and Railroad Safety, the Federal Department
of Transportation (DOT), or the Federal Railroad Administration, or
both;
(VI) A description of each
power unit to include make, model, year, vehicle identification number (VIN),
licensed vehicle weight, and state and number of the license plate and a
description of the trailers (cargo box, van, tank) and maximum trailer
capacities used by the transporter;
(VII) A disclosure statement for the
applicant, principal corporate officers, and the holders of more than twenty
percent (20%) of the applicant company. If any of these persons were involved
in hazardous waste management before their association with the applicant
company, the applicant shall submit this information to the department
including the names of these persons and the names and locations of the
companies with which they were associated; and
(VIII) For applicants who are not residents
of Missouri, a written statement designating the director of the department as
the authorized agent upon whom legal service may be made for all actions
arising in Missouri from any operation of motor vehicles under authority of the
department.
B. In
addition to the completed application, an applicant shall submit each of the
following:
(I) A fee as specified in
10 CSR
25-12.010;
(II) The insurance document(s) as specified
in paragraph (2)(A)4. of this rule; and
(III) Statements, documents, or both, of the
following, where applicable:
(a) If the
applicant is a partnership, include an affidavit to this effect signed by the
proprietor or include a copy of the partnership agreement. If no written
partnership agreement has been entered into, include a statement summarizing
the agreement between the parties which is signed by each of the partners and
certified by a notary public;
(b)
If the applicant is a Missouri corporation or a foreign corporation with
authority to conduct business in Missouri or is a foreign corporation with
facilities or employees in Missouri, a Certificate of Corporate Good Standing
from the Missouri secretary of state and if the applicant is a nonresident
corporation without facilities or employees in Missouri, a Certificate of Good
Standing from the state or country of residence ; and
(c) If the applicant is conducting its
business under an assumed or fictitious name, a certified copy of the
registration with the Missouri secretary of state of the assumed or fictitious
name.
C.
License renewal.
(I) At least sixty (60) days
prior to the expiration date of his/her current license, a hazardous waste
transporter wishing to renew his/her license shall submit a license renewal
application on a form furnished by the department, including a Certificate of
Corporate Good Standing issued within the twelve (12) months preceding the
license expiration date, documents that satisfy the insurance requirements in
paragraph (2)(A)4. of this rule, except for other than power unit carriers, and
a fee as specified in 10 CSR 25-12.
D. Power unit additions, replacements, and
temporary permits. Changes made to the power unit listings as shown on the
current license application or renewal form shall be reported to the department
as follows: A power unit can be added by submitting a written description of
the power unit to be added and paying a fee in accordance with
10 CSR
25-12.010. A power unit can be replaced for another
without any charge by submitting a description of the original power unit and
its replacement. A power unit can be issued a temporary permit for a thirty-
(30-) day period by submitting a written description of the power unit and
paying a fee in accordance with
10 CSR
25-12.010.
E. Proof of license. A transporter shall
carry proof of license with each power unit transporting hazardous waste within
Missouri. A legible copy of this certificate shall be in the possession of the
driver of the power unit and shown upon demand to representatives of the
department, officers of the Missouri State Highway Patrol, and other law
enforcement officials;
4.
Insurance.
A. Transporters licensed in
accordance with this chapter shall at all times have on file with the
department a certification of public liability (bodily injury and property
damage) insurance which includes the required, uniform endorsements covering
each motor vehicle in accordance with 49 CFR part 387 incorporated by reference
in this rule. The minimum level of insurance coverage shall not be less than
one (1) million dollars combined single limit. (Comment: The federal
regulations at
49 CFR
387.9 set forth certain conditions which
require five (5) million dollars coverage.)
B. The certificate of insurance shall-
(I) State that the insurer has issued to the
motor carrier a policy of insurance which, by endorsement, provides automobile
bodily injury and property damage liability insurance covering the obligations
imposed upon the motor carrier by the provisions of the law of
Missouri;
(II) Be duly completed
and executed by the insurer on Form E-Uniform Motor Carrier Bodily Injury and
Property Damage Liability Certificate of Insurance;
(III) Be duly completed and executed by the
insurer with the endorsements made on Form F-Uniform Motor Carrier Bodily
Injury and Property Damage Liability Insurance Endorsements attached to the
insurance policy and forming a part of that policy; and
(IV) A surety bond, duly completed and
executed by the surety and principal, in the form set forth in Form G-Uniform
Motor Carrier Bodily Injury and Property Damage Surety Bond.
C. An insurer under the provisions
of this rule shall submit to the department not fewer than thirty (30) days'
notice of cancellation of motor carrier bodily injury and property damage
liability insurance by filing with the department the form of notice set forth
in Form K-Uniform Notice of Cancellation of Motor Carrier Insurance Policies.
The notice shall be duly completed and executed by the insurer. A surety under
the provisions of this rule shall give the department not fewer than thirty
(30) days' notice of the cancellation of motor carrier bodily injury and
property damage liability surety bond by filing with the department the form of
notice set forth in Form L-Uniform Notice of Cancellation of Motor Carrier
Surety Bond. The notice shall be duly completed and executed by the surety or
motor carrier.
D. Forms E, F, G, K,
and L referred to in subparagraphs (2)(A)4.B. and C. of this rule are the
standard forms determined by the National Association of Regulatory Utility
Commissioners and promulgated by the Interstate Commerce Commission pursuant to
the provisions of section 202(b)(2) of the Interstate Commerce Act,
49 U.S.C. section
302(b)(2), 1994.
E. Before any policy of insurance will be
accepted by the department, the insurance company issuing the policy or the
carrier offering the same, upon request of the department, shall furnish
evidence satisfactory to the department that the insurance company issuing the
policy is duly authorized to transact business in Missouri and that it is
financially able to meet the obligations of the policy offered.
F. All insurance certificates and surety
bonds filed with the department shall remain on file with the department and
shall not be removed except with the written permission of the
director.
G. A new certificate of
insurance shall be filed for reinstatement of insurance which has been
canceled;
5. Vehicle
marking. The transportation vehicle used to ship hazardous waste shall be
marked in accordance with
49 CFR
390.21(b) and (c);
6. No hazardous waste shall be accepted for
transport unless it has been properly loaded and secured in accordance with
49 CFR
177.834;
7. Incompatible wastes. A waste shall not be
added to an unwashed or uncleaned container that previously held an
incompatible material;
8. In
addition to the requirements in
40 CFR
263.10(c)(1), add the
following requirements: A transporter who accepts shipments of hazardous waste
from a person not subject to registration as a generator in accordance with
10 CSR
25-5.262, and in so doing accumulates one hundred
kilograms (100 kg) or more of hazardous waste, becomes a generator and shall
comply with 10 CSR 25-5.262 in addition to
the requirements of this rule. (Note: This provision is not intended to apply
to municipal waste haulers who may unknowingly pick up small quantities of
hazardous waste that may have been deposited in solid waste containers along
their routes.);
9. In addition to
the requirements in
40 CFR
263.11, add the following: "In the event that
an E PA identification number has not been assigned, the department will assign
an E PA identification number." The applicant shall also submit an application
for license in accordance with this rule at the time of notification;
and
10. In addition to the
requirements in
40 CFR
263.12, the following rules apply to transfer
facilities (Note: Used oil transfer facilities are regulated under
10 CSR
25-11.279.):
A. A
hazardous waste transported intrastate or into the state by motor carrier shall
arrive at its destination in ten (10) calendar days or less from the date the
initial transporter signs the manifest, or when the waste first enters the
state, unless departmental approval is obtained prior to the expiration of the
ten- (10-) day period;
B. A
hazardous waste destined for out-of-state treatment, storage, or disposal shall
leave the state in ten (10) calendar days or less from the date the initial
transporter signs the manifest unless departmental approval is obtained prior
to the expiration of the ten-(10-) day period;
C. A hazardous waste transported through the
state by motor carrier shall pass through the state in ten (10) calendar days
or less unless departmental approval is obtained prior to the expiration of the
ten- (10-) day period;
D. A
secondary containment system for storage of hazardous waste in containers at a
transfer facility shall be designed, maintained, and operated as follows:
(I) With a base under the container(s) which
is free of cracks or gaps and is sufficiently impervious to contain leaks,
spills, and accumulated precipitation until the collected material is detected
and removed;
(II) With the base
sloped or the containment system designed and operated to drain and remove
liquids resulting from leaks, spills, or precipitation, unless the containers
are elevated or are otherwise protected from contact with accumulated
liquids;
(III) With a capacity
equal to ten percent (10%) of the containerized waste volume or the volume of
the largest container, whichever is greater (Containers that do not contain
free liquids need not be considered in this calculation.);
(IV) With run-on into the containment system
prevented unless the collection system has sufficient excess capacity in
addition to that specified in part (2)(A)10.D.(I) of this rule to contain any
run-on which might enter the system; and
(V) With removal of spilled or leaked waste
and accumulated precipitation from the sump or collection area as necessary to
prevent overflow of the collection system; and
(VI) Including the containment system as part
of the weekly inspections specified in
40
CFR 265.174 incorporated by reference in
10 CSR
25-7.265(1);
E. The following requirements apply to the
transporter's management of ignitable, reactive, incompatible, or volatile
wastes at a transfer facility:
(I) Take
precautions to prevent accidental ignition or reaction of ignitable or reactive
wastes;
(II) Separate and protect
wastes identified in E of this section from sources of ignition or reaction
including, but not limited to, open flames, smoking, cutting and welding, hot
surfaces, frictional heat, sparks (static, electrical, or mechanical),
spontaneous ignition (that is, from heat-producing chemical reactions), and
radiant heat;
(III) While ignitable
or reactive waste is being handled, confine smoking and open flame to specially
designated locations.
(IV)
Conspicuously place No Smoking signs wherever there is a hazard from ignitable
or reactive waste;
F.
Preparedness and prevention. A transporter shall equip the transfer station as
specified in
40 CFR 265.32
incorporated by reference in
10 CSR
25-7.265(1). In addition, a
transporter shall also provide safety equipment such as fire blankets, gas
masks, and self-contained breathing apparatus unless the hazards posed by the
type of waste managed does not warrant using this additional safety
equipment;
G. Closure. At closure
of the storage area, a transporter shall remove and properly dispose of all
hazardous waste and hazardous residues. For the purpose of this subparagraph,
closure shall occur when the storage of hazardous wastes has not occurred, or
is not expected to occur for one (1) year, or when the transporter's license
lapses, whichever first occurs;
H.
The contents of separate containers of hazardous waste may not be combined at a
transfer facility. Individual lab packed containers may be placed in a larger
container if, when containers are overpacked, the transporter affixes labels to
the overpack container, which are identical to the labels on the original
shipping container; and
I. A
transfer facility shall not be the same facility as designated in item 8 of the
manifest.
(B)
Compliance with the Manifest System and Record Keeping. This subsection sets
forth requirements in addition to or in lieu of the requirements set forth in
40 CFR part 263 subpart B.
1. Manifests.
A. In lieu of the requirements in
40 CFR
263.20(a), the following
shall apply:
(I) In addition to the
requirements in 10 CSR 25-5.262, a transporter
shall not accept hazardous waste from a generator unless it is accompanied by a
completed uniform hazardous waste manifest signed and dated by the generator
containing information in accordance with Subpart B of 40 CFR part 262, except
that the transporter may accept shipments of hazardous waste without a manifest
from persons not subject to registration as provided in
10 CSR
25-5.262(2)(A) provided that the
waste is transported only to a facility which is permitted or certified to
accept the waste. The transporter shall maintain records on wastes accepted
from those generators which contain information including the type or identity
of each waste, the source of each waste, and disposition of each waste. (Note:
This paragraph is not intended to apply to municipal waste haulers who may
unknowingly pick up small quantities of hazardous waste that may have been
deposited in solid waste containers along their routes.);
(II) Hazardous waste shall be transferred
between licensed transporters only; and
(III) For exports, the transporter shall also
comply with the following:
(a) Accept no
hazardous waste from a primary exporter or other person-
1) if s/he knows the shipment does not
conform to the EPA Acknowledgement of Consent, and
2) unless, in addition to a manifest signed
in accordance with 10 CSR 25-5, the waste is also accompanied by an EPA
Acknowledgement of Consent which, except for shipment by rail, is attached to
the manifest (or shipping paper for exports by water (bulk
shipment));
(b) Use
shipping papers for exports by water (bulk shipment) that contain all the
information required on the manifest and, for exports, accompany the hazardous
waste with an E PA Acknowledgement of Consent;
(c) If a rail transporter, ensure that a
shipping paper contains all the information required on the manifest and, for
exports, an E PA Acknowledgement of Consent accompanies the hazardous waste at
all times;
(d) Provide a copy of
the manifest to a United States Customs official at the point of departure from
the United States.
B. In addition to requirements in
40
CFR 263.22, the following shall apply:
(I) Each day that a vehicle is used for the
transportation of hazardous waste, the driver of that vehicle, prior to the
transportation, shall inspect the vehicle to meet the requirements of
49 CFR
396.11 incorporated by reference in section
(1) of this rule;
(II) Document the
vehicle inspection in writing;
(III) At a minimum once annually,
transporters shall provide and document hazardous waste/materials training for
each driver employee who transports hazardous waste;
(IV) Make records relating to hazardous waste
transportation available to representatives of the department for inspection
and copying during regular business hours; and
(V) Maintain current files on driver vehicle
inspections, vehicle maintenance, annual employee training, and records of
incident reports for a period of three (3) years. Files shall be maintained by
the licensed transporter regardless of whether the vehicle(s) is owned or
leased. The period of record retention for these records also extends
automatically during the course of any unresolved enforcement action, and the
records shall be available to authorized representatives of the department for
inspection and copying during regular business hours.
2. (Reserved)
(C) Immediate Action. In addition to the
requirements in 40 CFR part 263 subpart C, the following shall apply:
1. In addition to requirements in
40 CFR
263.30(c)(1), the
transporter shall also notify the department at the earliest practical moment
of a hazardous waste discharge by calling the department's emergency number,
(573) 634-2436 (634-CHEM); and
2.
In addition to requirements in
40 CFR
263.30(c)(2), the
transporter shall also submit a copy of that report to the
department.
(D)
Operations of Transporters by Modes Other Than Power Unit.
1. A person who transports hazardous waste by
a mode other than power unit shall comply with paragraphs (2)(A)1. and 2.,
parts (2)(A)3.A.(V), (2)(A)3.B.(I) and (III), subparagraph (2)(A)3.C.,
paragraphs (2)(A)7., 8., 9., and 10., and subsections (2)(B) and (C) of this
rule.
2. Application form. An
applicant shall submit a completed, department-furnished form which contains
the following information: name, address, type of transport vehicles to be used
in hazardous waste transport, and E PA identification number. If an EPA
identification number has not been assigned by the EPA, the department will
assign an identification number .
3. An applicant shall complete and submit a
Non-Motor Carrier Certification of Financial Responsibility form provided by
the department to satisfy the transporter insurance requirement.
(E) Transportation of Universal
Waste.
1. The requirements of this chapter are
not applicable to those transporting only universal waste as defined in
10 CSR
25-16.273.
2. Universal waste transporters shall comply
with the universal waste transporter standards at
10 CSR
25-16.273(2)(D).
Notes
*Original authority: 260.370, RSMo 1977, amended 1980, 1988, 1993, 1995, 2004, 2010; 260.385, RSMo 1977, amended 1985; and 260.395, RSMo 1977, amended 1980, 1983, 1985, 1988, 2000.
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