SB 208 - This act modifies provisions relating to the management of hazardous waste. Under the act, the Hazardous Waste Management Commission shall not promulgate rules that are stricter than, apply prior to, or apply in any subject area not addressed by certain federal regulations promulgated pursuant to the Resource Conservation and Recovery Act.
The act repeals the Commission's authority to retain, modify, or repeal rules relating to:
1. Thresholds for determining whether a hazardous waste generator is a large quantity generator, small quantity generator, or conditionally exempt small quantity generator;
2. Rules requiring hazardous waste generators to display hazard labels on containers and tanks during the time hazardous waste is stored on-site;
3. The exclusion for hazardous secondary materials used to make zinc fertilizers; and
4. The exclusions for hazardous secondary materials that are burned for fuel or that are recycled.
The Commission shall promulgate rules for the reporting of hazardous waste activities to the Department of Natural Resources, effective beginning with the reporting period July 1, 2017-June 30, 2018, that allow for the submittal of reporting data in any format on an annual basis by large quantity generators and treatment storage and disposal facilities.
The act also repeals a requirement that the Department identify certain rules relating to hazardous waste in the Missouri Code of State Regulations that are inconsistent with certain rules promulgated by the Commission.
On December 31, 2017, any rule relating to hazardous waste, resource recovery, or used oil contained in the Missouri Code of State Regulations that remains inconsistent with certain rules promulgated by the Commission shall be null and void to the extent that such rule is inconsistent, and the least stringent rule shall control. Any rule that applies in any subject area not addressed by the requirements of certain federal regulations promulgated pursuant to Subtitle C of the Resource Conservation and Recovery Act, as amended, shall be null and void.
The Commission shall not promulgate rules that are stricter than, apply prior to, or apply in any subject area not addressed by the requirements of certain federal regulations promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended. The Commission shall file with the Missouri Secretary of State any amendments necessary to ensure that rules are not inconsistent with the provisions of the act. Any rule that is inconsistent with provisions of the act or applies in any subject area not addressed by the federal regulations shall be null and void.
The Director of the Department of Natural Resources shall not promulgate rules that are stricter than, apply prior to, or apply in any subject area not addressed by the requirements of certain federal regulations promulgated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, as amended. The Director shall file with the Missouri Secretary of State any amendments necessary to ensure that rules are not inconsistent with the provisions of the act. Any rule that is inconsistent with provisions of the act or applies in any subject area not addressed by the federal regulations shall be null and void.
This act is identical to provisions contained in HCS/SCS/SB 40 (2021), and substantially similar to SB 892 (2020),HB 2350 (2020), and HB 2355 (2020).
JAMIE ANDREWS