Water Protection Program
Water Protection Program Rule Development
Public Drinking Water Branch | Water Pollution Control Branch
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.
Public Drinking Water Branch
Design Guide for Public Water Systems
The Public Drinking Water Branch is updating its guidance for construction and major modification of public water systems, with the intent of proposing the revised guidance as a regulation when our informal stakeholder involvement process is concluded. The proposed revisions are intended to improve the design guide based on new technology and information. Stakeholder comments have been solicited on the draft document. Several stakeholder meetings have been held throughout the state. For detailed information please click here.
Water Pollution Control Branch
10 CSR 20-8.300 - Manure Storage Design Regulations
The purpose of this rule is to ensure consistent water quality protection from concentrated animal feeding operations, or CAFOs, by setting forth specific design criteria for the construction of manure management systems. The proposed rule will better protect both surface and groundwater by setting forth comprehensive, technical design requirements. In certain instances, the proposed standards will hold animal manure management systems to a higher standard than was previously required, which may result in higher initial costs.
Order of Rulemaking
The Order of Rulemaking for Manure Storage Design Regulations was adopted by the Missouri Clean Water Commission on Jan. 4, 2012.
Publication is expected in the Missouri Register March 15 and in the Code of State Regulations March 31,with an effective date of April 30.
Comments
Email from John Hoene
Alex Sagady
Missouri Coalition for the Enviroment
Robert Brundage-on behalf of Missouri Pork Association and Missouri Agribusiness Association
10 CSR 20-6.300 - Concentrated Animal Feeding Operations
The U.S. Environmental Protection Agency finalized revisions to the National Pollutant Discharge Elimination System (NPDES) Permit Regulations and Effluent Limitation Guidelines for Concentrated Animal Feeding Operations, or CAFOs, in December 2008. EPA’s 2008 final rule contains provisions and standards that are more stringent than Missouri’s current regulations. The proposed amendment will maintain state delegation for the NPDES program. In order to align state regulation with federal regulation, certain provisions of the 2008 EPA rule, such as EPA's procedure of how to designate smaller animal feeding operations, as well as certain revisions related to the NPDES duty to apply requirements for CAFO permits and permit issuance of a CAFO NPDES general permit with nutrient management plans and revisions to the effluent limitation guidelines for CAFOs are included in the proposed amendment.
Order of Rulemaking
The Order of Rulemaking for Concentrated Animal Feeding Operations was adopted by the Missouri Clean Water Commission on Jan. 4, 2012.
Publication is expected in the Missouri Register March 15
and in the Code of State Regulations March 31,with an effective date of April 30.
Comments
Email from John Hoene
Robert Brundage-on behalf of Missouri Pork Association and Missouri Agribusiness Association
Sharpe Land and Cattle
Missouri Cattlemen's Association
University of Missouri Climate Center
Missouri Coalition for the Environment
Tyson Foods
10 CSR 20-6.010 - Construction and Operating Permits
A recent federal court decision determined that not all pesticide applications are exempt from the National Pollutant Discharge Elimination System.
An emergency rule is needed that will allow the department to issue permits as a result of recent changes in federal requirements, until the proposed amendment becomes effective. The emergency rule modifies a current state exemption within section one of the existing rule for discharges resulting from pesticide applications. Modifying the exemption through a proposed rule amendment will allow the Missouri Department of Natural Resources to issue pesticide applicator permits consistent with the new federal permitting requirements.
Order of Rulemaking
The Order of Rulemaking for Construction and Operating Permits was adopted by the Missouri Clean Water Commission on Jan. 4, 2012.
Publication is expected in the Missouri Register March 15 and in the Code of State Regulations, March 31,with an effective date of April 30.
Comments
Jacobs Engineering
Missouri American Water
REGFORM
10 CSR 20-7.031 - Water Quality Standards
The purpose of this rulemaking is to update the current regulations to ensure state water quality standards are reviewed and revised at least every three years as required by federal law and to improve the clarity, specificity and effectiveness of the rule. This rulemaking is required under section 303(c) of the federal Clean Water Act. The department has held workgroup and stakeholder meetings for the purpose of reviewing applicable water quality standards and, as appropriate, considering modifications or adoptions of new or revised standards. The department has also considered federal and state initiatives, as well as petitions before the Missouri Clean Water Commission, as part of this rulemaking. A Regulatory Impact Report has been developed to provide regulatory impact information to the public.
The Regulatory Impact Report public comment period closed Aug. 12, 2011 - Public Notice
Regulatory Impact Report
Regulatory Impact Report Reference Documents
Comments/Responses
A Finding of Necessity was signed by the Missouri Clean Water Commission on Sept. 7.
The proposed amendment was filed with the Secretary of State's Office Oct. 31.
A public hearing was held at the Jan. 4 Clean Water Commission meeting. The order of rulemaking will be presented at the next commission meeting, March 9.
Published in the Missouri Register Dec. 1
Water Quality Standards Proposed Amendment
Table A1
Table A2
Table A3
Table C
Table G
Table H
Table K
Public Fiscal Note
Private Fiscal Note
When submitting comments please include a name, address and phone number.
Send comments by email to John Hoke
To send comments by mail the address is:
John Hoke
Missouri Department of Natural Resources
Water Protection Program
P.O. Box 176
Jefferson City, MO 65102-0176
10 CSR 20-6.100- General Pretreatment Regulations
The Water Protection Program proposes to rescind Missouri’s existing General Pretreatment Regulations, 10 CSR 20-6.100 and is proposing a new rule that incorporates by reference the U.S. Environmental Protection Agency's federal regulation at 40 CFR 403- General Pretreatment Regulations for Existing and New Sources of Pollution, regulating the discharges of industrial process wastewater to a publicly owned treatment works. Part 403 restrictive provisions were published Oct. 14, 2005 in the Federal Register. These provisions must be adopted by the states before the less restrictive provisions are implemented. The Regulatory Impact Report has been developed to provide regulatory information to the public.
The Regulatory Impact Report public comment period closed July 26, 2011 - Public Notice
Regulatory Impact Report
Proposed New Rule 10 CSR 20-6.100
Rescission of 10 CSR 20-6.100
Rulemaking Report / New Schedule
Public Fiscal Note
Private Fiscal Note
Due to the recent change in the meeting date for the Clean Water Commission from March 7 to March 9, 2012, the public hearing date, March 7, 2012, and end of public comment date, March 14, 2012 for the proposed rescission of the current10 CSR 20-6.100 General Pretreatment Regulation and the proposed new rule 10 CSR 20-6.100 General Pretreatment Regulation, originally published in the Dec. 15, 2011, Missouri Register (36 MoReg 2906-2919) are cancelled.
This results in a new public hearing date and an extension of the current public comment period. The public hearing is rescheduled for May 2, and the public comment period is extended through May 16. The proposed rescission and proposed new rule, as originally published in the Missouri Register, was filed with the Secretary of State’s Office Jan. 31 and will be republished in the March 1 Missouri Register.When submitting comments please include a name, address and phone number.
For questions, or to send comments by mail, the address is:
Walter Fett
Missouri Department of Natural Resources
Water Protection Program
P.O. Box 176
Jefferson City, MO 65102-0176