Water Protection Program Rule 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.

DNR Regulatory Agenda

Public Drinking Water Branch

10 CSR 60-3.010 Construction Authorization, Final Approval of Construction, Owner-supervised Program and Permit to Dispense Water
The amendment updates the incorporation by reference of the noncommunity design standards.  Standards for Noncommunity Public Water Supplies, 1982 will be replaced with Minimum Design Standards for Missouri Noncommunity Public Water Supplies (2013).
Noncommunity draft document

Revised Total Coliform Rule: The Department of Natural Resources is in the process of proposing a rulemaking to adopt the U.S. Environmental Protection Agency’s Revised Total Coliform  Rule (RTCR).  This rulemaking will require amending eight drinking water rules and adopting one additional rule.  All of these amendments and the new rule constitute one rulemaking.

10 CSR 60-2.015 Definitions: The amendment adopts definitions from the RTCR for clean compliance history, level one and level two assessments, sanitary defect, and seasonal system. Second Draft

10 CSR 60-4.020 Maximum Microbiological Contaminant Levels and Monitoring Requirements: The amendment adds a section explaining when the total coliform monitoring requirements will be replaced with the Revised Total Coliform Rule. Second Draft

10 CSR 60-4.025 Ground Water Rule Monitoring and Treatment Technique Requirements: The amendment modifies triggered source water monitoring requirements to include RTCR provisions.  The RTCR requires triggered source water monitoring under certain conditions and allows very small ground water systems to use a repeat sample to meet the requirements of both the RTCR and the GWR under certain conditions specified in the RTCR. Second Draft

10 CSR 60-4.055 Disinfection Requirements: The amendment will require all public water systems that use chlorine or chloramines to measure the residual disinfectant level in the distribution system at the same point in the distribution system and at the same time as total coliforms are sampled. Second Draft

10 CSR 60-5.010 Acceptable and Alternate Procedures for Analysis
This proposed amendment updates the incorporation by reference of analytical methods for analysis of drinking water samples. Draft

10 CSR 60-7.010 Reporting Requirements: The amendment adopts reporting requirements from the RTCR for  E. coli MCL violations, coliform treatment technique violations, assessment reports, corrective actions, monitoring violations, and seasonal system certifications.  Second Draft

10 CSR 60-8.010 Public Notification of Conditions Affecting a Public Water Supply: The amendment adds RTCR requirements to Tier 1 and Tier 2 public notice as applicable.  Tier 1 notice is required for violation of the E. coli MCL.  Tier 2 public notice must be repeated every three months for RTCR MCL and treatment technique violations as long as the violation or situation persists. Second Draft

10 CSR 60-8.030 Consumer Confidence Reports: The amendment requires the Consumer Confidence Report to include information on Level 1 and Level 2 assessments and the total number of positive E. coli samples, if any.  Second Draft

10 CSR 60-9.010 Requirements for Maintaining Public Water System Records: The amendment adopts recordkeeping requirements of the RTCR. The water system must maintain assessment forms and documentation of corrective actions for at least five years after completion of the assessment or corrective action.  Second Draft

10 CSR 60-4.022 Revised Total Coliform Rule (new rule): This proposed rule adopts 40 CFR part 141 subpart Y, except for those sections that fit more appropriately as amendments into our existing rule structure and are described above.  The purpose of the rule is to increase public health protection by reducing potential pathways of entry for fecal contamination into distribution systems.  The rule uses E. coli and total coliforms to initiate a “find and fix” approach to address problems that could let fecal contamination enter the distribution system.  System self-assessments will be required when certain total coliform or E. Coli triggers are exceeded.  Sanitary defects must be identified and corrective action must be taken.  The RTCR defines seasonal systems and sets monitoring requirements for these systems.  At the beginning of each operating period, before serving water to the public, seasonal systems must conduct state-approved start-up procedures. Second Draft

Stakeholder Meetings on the Revised Total Coliform Rule
The department held five stakeholder meetings throughout the state to gather input on the draft Revised Total Coliform Rule.

The Regulatory Impact Report has been published and is open for public comment until Sept. 20, 2015.

Comments may be submitted by email, fax or mail to:

Scott Weckenborg
Missouri Department of Natural Resources
Public Drinking Water Branch
P.O. Box 176
Jefferson City, MO 65102-0176
Fax: 573-751-3110
Email: scott.weckenborg@dnr.mo.gov

Anticipated Schedule: RTCR Rulemaking

March-Dec. 2014  Develop draft rulemaking and associated documents; hold stakeholder meetings
Jan. 14, 2015   Discuss with the Missouri Safe Drinking Water Commission
May-Sept. 2015  Regulatory Impact Report and Interagency Review comment periods
July 2015     Commission approval to proceed with publication and department signature on proposed rulemaking package
Aug. 17, 2015   Target filing date for proposed rulemaking
Sept. 15, 2015    Target Missouri Register publication date for proposed rulemaking
Oct. 16, 2015  Public hearing
Oct. 19, 2015 Public comment period ends
Nov. 2015-Feb. 2016  Orders of Rulemaking and final rule development
March 30, 2016  Rules become effective

Water Pollution Control Branch

10 CSR 20-6.300 Concentrated Animal Feeding Operations
The primary purpose of the rulemaking is to ensure 10 CSR 20-6.300 is consistent with section 640.700 RSMo as provided for on Aug. 28, 2013 in House Bill 28, which removed most construction permit requirements for concentrated animal feeding operations. In addition to current changes resulting from the state statute as amended in 2013, the department is proposing minor revisions to definitions and language.

10 CSR 20-8.300 Manure Storage Design Regulations
This rulemaking removes the construction permitting requirement for concentrated animal feeding operations without earthen basins, improves and adds several definitions, clarifies items required in an application for engineering review, changes the name of the Division of Geology and Land Survey to Missouri Geological Survey, and removes nutrient management plan requirements and other documents required for operating permits.

10 CSR 20-7.031 - Water Quality Standards
The department appreciates the comments and items for rulemaking provided by the public in response to the Public Notice of Intent to Initiate Triennial Review.  Discussions at the June 26 Water Protection Forum and the July 9 Clean Water Commission meetings were productive in refining the list of items to be proposed and providing timeline for the rulemaking.  A Water Quality Standards Stakeholder meeting was held July 30 at the Lewis and Clark State Office Building to further refine the list of items for rulemaking and the rationale for those revisions.  The department is currently developing a Regulatory Impact Report for the rulemaking in accordance with the schedule provided by the Clean Water Commission.  The report and supporting documents will be published in the near future.