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 final stages of adopting the U.S. Environmental Protection Agency’s Revised Total Coliform Rule (RTCR). The draft rules were printed in the September 15, 2015 edition of the Missouri Register, Volume 40, Number 18, beginning on page 1177. http://s1.sos.mo.gov/CMSImages/AdRules/moreg/current/v40n18Sept15/v40n18b.pdf

10 CSR 60-2.015 Definitions: This rulemaking adopts the definitions from the RTCR for clean compliance history, level one and level two assessments, sanitary detect, and seasonal systems.

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

10 CSR 60-4.022 Revised Total Coliform Rule: This rule establishes sampling and monitoring requirements for public water systems. The rule is based on the requirements in the federal Revised Total Coliform Rule found in subpart Y of 40 CFR part 141.

10 CSR 60-4.025 Ground Water Rule Monitoring and Treatment Technique Requirements: This rulemaking modifies triggered source water monitoring requirements to include RTCR provisions.

10 CSR 60-4.055 Disinfection Requirements: This rulemaking requires 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.

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

10 CSR 60-7.010 Reporting Requirements: This rulemaking 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.

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.

10 CSR 60-8.030 Consumer Confidence Reports: This rulemaking requires the Consumer Confidence Report to include information on Level 1 and Level 2 assessments and the total number of E. Coli samples if any.

10 CSR 60-9.010 Requirements for Maintaining Public Water System Records: This rulemaking adopts recordkeeping requirements of the RTCR.

The Safe Drinking Water Commission voted to approve the Orders of Rulemaking on November 12, 2015. The final Orders of Rulemaking were filed with the Joint Committee on Administrative Rules on November 25, 2015 and are anticipated to be filed with the Secretary of State’s Office on December 29, 2015. The Orders are scheduled to be published in the February 1, 2016 Missouri Register and on February 29, 2016 in the Code of State Regulations. The rules become effective on April 1, 2016.

Orders of Rulemaking

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.

10 CSR 20-8.500 - Agrichemical
The purpose of this rule is to remove the requirement that agrichemical facilities without earthen basins obtain construction permits. Agrichemical facilities are sites where bulk agrichemicals are stored in non-mobile containers or dedicated containers and are being mixed, applied, repackaged or transferred between containers. Agrichemicals include any pesticides or fertilizers but do not include anhydrous ammonia fertilizer. Although a construction permit will no longer be required for Agrichemical facilities, they must continue to be constructed according to the design criteria detailed in rule.