Companies that want to actively treat, store (for more than 90 days) or dispose of hazardous waste in Missouri are required to get a hazardous waste permit. Certain “inactive” hazardous waste treatment, storage or disposal facilities may also be required to get a hazardous waste permit in order to investigate, monitor and clean up hazardous waste releases to the environment at their facility.

In Missouri, a hazardous waste permit may actually include two separate permits, depending on the facility activities. The U.S. Environmental Protection Agency (EPA) has the authority to authorize the states to administer all or part of the federal hazardous waste management law, known as the Resource Conservation and Recovery Act (RCRA), through a state “RCRA-equivalent” hazardous waste program. The federal regulations Missouri adopted and EPA authorized Missouri to administer are contained in a Missouri Hazardous Waste Management Facility Part 1 Permit, which is issued by the Missouri Department of Natural Resources. 

In some instances, EPA will issue a Hazardous and Solid Waste Amendments Part 2 Permit, which contains the federal RCRA requirements administered by EPA that Missouri has either not adopted or has adopted but EPA has not yet given Missouri temporary or final authorization to administer. EPA does not issue a Part 2 Permit if EPA has no site-specific conditions for that particular facility, beyond those contained in the Part 1 Permit. If both a Part 1 and Part 2 Permit are required, they are usually issued together.

A typical permit outlines the facility design and operation, safety standards and what monitoring and reporting activities the company must perform. It also includes detailed plans outlining how the company will remove and clean their equipment, structures and soil when they are no longer managing hazardous waste. The permit may contain facility-specific requirements such as long-term monitoring and maintenance plans for areas of the property where hazardous waste will remain in place after closure is finished, such as hazardous waste landfills or surface impoundments. The permit also contain conditions requiring the company to investigate and clean up releases of hazardous waste from their facility and provide financial assurance to ensure they have enough funds set aside to close their facility and cleanup any hazardous waste releases, even if the facility declares bankruptcy. 

Permit Length

Normally 10 years (maximum period currently allowed by state and federal laws and regulations).

Laws, Rules and Regulations

How to Apply

Pre-application

Before submitting a permit application to build a hazardous waste land disposal facility (e.g., a landfill), state hazardous waste regulations require the company to submit a letter of intent to the department. 

Before submitting a permit application for a new hazardous waste treatment, storage or disposal facility, state hazardous waste regulations require the company to hold an informal public meeting. 

Application

The company submits one two-part permit application to both the department and EPA. 

  • Resource Conservation and Recovery Act Hazardous Waste Part A Permit Application (Form 8700-23) - U.S. EPA
  • Submitted in narrative form, the Part B application is a very detailed and highly technical document, consisting of hundreds or thousands of pages of facility-specific information. The application focuses on the following information:
    • How the facility will be designed, constructed, maintained and operated to be protective of public health and the environment.
    • How potential emergencies and spills will be handled.
    • How the company will remove and clean their equipment and structures when they no longer want to operate in an area on their property (Closure)
    • How the company will monitor and maintain areas of their property where hazardous waste or hazardous constituents will remain in place after closure is complete, such as landfills (Post-Closure)
    • How the company will investigate, monitor and clean up any releases of hazardous waste and hazardous constituents from their facility to soil, groundwater, surface water and sediment (Corrective Action)
    • How the company will finance these activities until they are complete

Fees

Non-refundable, $1,000 application fee. This fee is applied towards the permit fees for the first year of the new permit. The applicant must pay $1,000 per year the permit is to be in effect.

The applicant must also reimburse the department for all reasonable costs incurred by the department during the application review, such as Engineering and Geological Review Costs. The commission determines the department's "reasonable costs". 

Timeline/ Process

The hazardous waste permitting process is lengthy and can expect to take a minimum of 495 days (timeframe varies depending on the complexity of the facility). The following steps are taken after a permit application is submitted, regardless if it is the initial permit or a permit renewal. Additional details involving the timeline and process are available in the department's Getting Involved in the Hazardous Waste Permitting Process - PUB0916 fact sheet. EPA also has additional details about How to Obtain a Hazardous Waste Permit on their website.

Step 1 - Completeness Review: The department and EPA review the permit application for completeness to make sure the company addressed all applicable areas of the hazardous waste regulations. Only the company’s attempt to address the areas of the regulations, not the technical accuracy of the application, is the focus during this stage. If the application is incomplete, the department sends a letter to the company, listing the information necessary to make the permit application complete. The company responds to the department by sending the missing information. 

Step 2 - Technical Review:  The department and, in limited instances, EPA thoroughly review the details of the application to make sure it meets the requirements of applicable state and federal laws and regulations. The department and EPA also review the planned facility design and operation against sound engineering practices and principles. This technical review may result in lengthy technical comments from the department or EPA and requests for the company to provide additional information. As a result, technical review and revision of a permit application can take a substantial amount of time. The overall technical review time depends on the quality of the permit application. The more complete and technically adequate the permit application, the less time it will take to review.

Step 3 - Draft Permit: The department and EPA determine whether to prepare a draft permit or a notice of intent to deny the permit application. A draft permit is prepared if the permit application is complete, technically adequate and meets all applicable legal, regulatory and engineering requirements. 

Step 4 - Public Comment Period: The department, and EPA if a Part 2 Permit is being issued, invite the public to review the draft permits or notice of intent to deny and submit written comments during a 45-day public comment period.

Step 5 - Final Permit: After the close of the public comment period, the department and EPA review all written comments and any comments given at the public hearing, if one was held. If no public comments were received, the draft decision is finalized as written. If substantive legal, technical or regulatory issues are brought up by the public comments, the department and EPA may change the permit requirements or deny the final permit altogether. In either case, the department and EPA prepare either a final decision to deny the permit or issue the final Part 1 and Part 2 Permits.

Public Participation

The hazardous waste permitting process provides several opportunities for the public to express ideas and concerns and provide input, such as the pre-application meeting, public comment period and public meeting or hearing, where the public can speak with the company, the department and EPA. The following table provides the public participation activities required by state and federal regulations. Additional details involving public participation process are included in the Getting Involved in the Hazardous Waste Permitting Process - PUB0916 fact sheet.

Public Participation During the Permitting Process
StageTrigger Required ActivitiesAdditional Activities
Pre-applicationThe company submits a letter of intent to the department.The department publishes the letter of intent in a general newspaper in the county of the proposed facility.The department publishes the notice on its website.
Pre-applicationThe company is planning a major change to the facility’s operation, and is required to hold an informal public meeting. The company notifies the public through a newspaper notice, radio announcement and sign at the facility. The department publishes the notice on its website.
Completeness ReviewThe department determined the permit application is complete.The department notifies the public through a newspaper notice and places the permit application in a local library for public review.The department publishes the notice on its website.
Draft Permit IssuanceThe department and EPA issue draft permits or a notice of intent to deny the permit application.The department notifies the public through a newspaper notice and radio announcement, and places the draft decision, a fact sheet or Statement of Basis, and supporting documents in a local library for public review. A 45-day public comment period begins the day the newspaper publishes the notice. During the public comment period, anyone can request a public meeting or public hearing about the draft permit or notice of intent to deny.The department publishes the notice on its website, along with the draft decision and a fact sheet or Statement of Basis.
Final Permit IssuanceThe department and EPA issue final permits or a final decision to deny the permit application.The department notifies the public through a news release and places the final decision and a Response to Comments received during the public comment period in a local library for public review.The department publishes the notice on its website, along with the final decision and a Response to Comments.

Appeal Procedures

Anyone who is adversely affected or aggrieved by the director's decision to issue, deny, suspend or revoke a permit may be entitled to pursue an appeal before the Administrative Hearing Commission. The petition must be filed with the commission within 30 days of the decision, according to the procedures outlined in 10 CSR 25-2.020 and sections 260.395.11 and 621.250, RSMo. For more information, please review the Administrative Hearing Commission's Frequently Asked Questions webpage.

Requirements

Facility Mailing List

The company is required to develop and maintain a facility mailing list. The public may call or write the department at any time to request to have their name placed on the facility mailing list. By doing this, they will receive written notice from the department or company on any major permitting and cleanup activities at the facility. 

Other Requirements

Any investigation, monitoring or reporting requirements will be outlined in the permit. Hazardous waste permits may contain provisions regarding long-term monitoring and maintenance for closed hazardous waste management units and investigation and necessary clean up of releases of hazardous waste and hazardous constituents to the environment. 

Hazardous waste generators are required to report their hazardous waste activity each year and pay certain fees based on the amount of waste generated and how the waste was disposed. For more information about reporting requirements, visit Hazardous Waste Reporting.

Renewal

At least six months before their currently effective permit expires, companies wanting to continue their permitted hazardous waste activities, or that are required to have their permit reissued to complete post-closure care or corrective action, must send the department and EPA a new permit application. 

Note: There may be some steps the company is required to complete before a permit application can be submitted:

  • Before submitting a permit application to build, substantially alter or operate a hazardous waste land disposal facility (e.g., a landfill), state hazardous waste regulations require the company to submit a letter of intent to the department.
  • Before submitting a permit application for an existing facility where the permit is being renewed and the company is suggesting a major change to the facility’s operation, state hazardous waste regulations require the company to hold an informal public meeting. 

According to 40 C.F.R. § 270.51, which is incorporated by reference in the state hazardous waste regulations, if the company submits a timely and complete application to renew its hazardous waste permit and, through no fault of the company, the department and EPA are unable to issue the new permit before the currently effective permit expires, that permit is “continued” in effect until the department and EPA issue or deny a new permit. This allows the company to continue operating under the requirements of the existing “continued” Part 1 and Part 2 permits.

Fees

Non-refundable, $1,000 application fee. This fee is applied towards the permit fees for the first year of the new permit. The applicant must also reimburse the department for all reasonable costs incurred by the department during the application review, including Engineering and Geological Review Costs and Corrective Action Oversight Costs. The commission determines the department's "reasonable costs". 

Resources

EPA Identification Number

Federal regulations require large and small quantity hazardous waste generators to obtain an EPA Identification (EPA ID) number.  Applicants submit a completed Site Identification Form (EPA Form 8700-12) to the authorized state agency or EPA regional office, if the state is not authorized to implement the Resource Conservation and Recovery Act Subtitle C program. Applicants may find additional information on EPA's How Hazardous Waste Generators, Transporters and Treatment, Storage and Disposal Facilities Can Obtain EPA Identification Numbers webpage.

Modifications and Revocations

During the company's permitted term, their permits may become outdated due to changing facility conditions, scientific improvements or new laws and regulations. To address this, either the company, department or EPA can propose changes to the permit. A permit modification can vary from minor adjustments to a complete overhaul of the permit.

The department or EPA can also revoke a facility’s permit if the company fails to follow state and federal laws and regulations or the activities required by their permit. A permit may only be revoked for the reasons specified in the regulations. For more information about permit modifications or revocations, review the department's Getting Involved in the Hazardous Waste Permitting Process - PUB0916 fact sheet.

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