SPONSOR: Houx
This bill modifies provisions relating to the management of hazardous waste.
The bill specifies that 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 under the Resource Conservation and Recovery Act.
The bill also 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 must 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 is null and void to the extent that the rule is inconsistent, and the least stringent rule controls. Any rule that applies in any subject area not addressed by the requirements of certain federal regulations promulgated under Subtitle C of the Resource Conservation and Recovery Act, as amended, is null and void.
The Commission may 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 must 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 is null and void.
The Director of the Department of Natural Resources may 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 must 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 is null and void. In instances where the Department of Natural Resources has authority to issue fines or penalties and determines that a fine or penalty should be levied, the Department is required to provide certain information to the alleged violator in order for the alleged violator to understand the basis for the fine or penalty. Any statement provided by the Department in compliance with this provision will be treated as confidential information and will not be disclosed to any party except the alleged violator. This bill is similar to SB 918 (2022).
Statutes affected: