Water Protection Program Rule Development

The following rule developments are being considered. Some rules listed on this page have Regulatory Impact Reports, (RIR) associated with them. An RIR provides information on the rule development. Comments may be provided for RIRs during public comment periods using the department's Regulatory Action Tracking System, or RATS. 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.

State agencies are working to reduce regulations or other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implement statutory mandates and maintain state control of programs. Any proposed changes to rules discussed on this page are being developed with these goals in mind. We welcome your comments to help ensure our regulations provide required protections but do not add unneeded costs.

For more information on the Red Tape Reduction initiative, please visit the department’s Red Tape Reduction website.

Public Drinking Water Branch

 

 

Water Pollution Control Branch

10 CSR 20-1.010 - Organization and Powers
The purpose of this rule rescission is to gather public concerns and support on the proposed rescissions. All state agencies are working to reduce regulations and other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety, and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implementing statutory mandates, and maintaining state control of programs. For more information on Red Tape Reduction visit the department's website. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-1.020 Clean Water Commission Appeals and Requests for Hearings
The purpose of this rule rescission is to gather public concerns and support on the proposed rescissions. All state agencies are working to reduce regulations and other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety, and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implementing statutory mandates, and maintaining state control of programs. For more information on Red Tape Reduction visit the department's website. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-2.010 Definitions
This rulemaking was last amended in 1996. A primary purpose of this amendment is to bring definitions up-to-date by directly referencing the statute definitions, primarily 644.016, RSMo. The updates are to match statute definitions and to remove duplication in the existing rule. In addition, the existing rule contains eight restrictive words; the Department intends to remove these restrictions as definitions are not intended to establish environmental requirements. This proposed rulemaking is administrative in nature and will not result in a need for a Regulatory Impact Report or fiscal note, because no environmental conditions nor limits are set and no costs are incurred. This rulemaking implements Executive Order 17-03 and is necessary under the Red Tape Reduction Initiative. This rule will be published in the Missouri Register June1, 2018. The public comment period for this rule is June 1, 2018 through July 25, 2018, with a public hearing scheduled on July 16, 2018 at the Clean Water Commission meeting, starting at 10 a.m., in the LaCharrette/Nightingale Conference Room at the Missouri Department of Natural Resources, Lewis and Clark State Office Building, 1101 Riverside Dr., Jefferson City, MO. Submit comments using the department's Regulatory Action Tracking System..

10 CSR 20-4.010 Construction Grant and Loan Priority System
The purpose of this rescission is to gain clarity and consistency, making it easier for the regulated community to work with. Section (1) Priority Point System will be deleted and the Department will create Priority Point Criteria to be noticed annually for public comment and adopted by the Clean Water Commission as part of the Clean Water Intended Use Plan. Additionally Section (2) Priority Lists and Section (3) Modifications of the rescinded rule will be relocated in 10 CSR 20-040 State Revolving Fund General Assistance Regulation. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.020 State Match Grant Program
The purpose of this rule rescission is to gather public concerns and support on the proposed rescissions. All state agencies are working to reduce regulations and other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety, and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implementing statutory mandates, and maintaining state control of programs. For more information on Red Tape Reduction visit the department's website. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.021 State Construction Program
The purpose of this rule rescission is to gather public concerns and support on the proposed rescissions. All state agencies are working to reduce regulations and other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety, and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implementing statutory mandates, and maintaining state control of programs. For more information on Red Tape Reduction visit the department's website. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.022 Industrial Development Program
The purpose of this rule rescission is to gather public concerns and support on the proposed rescissions. All state agencies are working to reduce regulations and other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety, and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implementing statutory mandates, and maintaining state control of programs. For more information on Red Tape Reduction visit the department's website. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.030 Grants for Sewer Districts and Certain Small Municipal Sewer Systems
This rule amendment includes updating the rule to delete what is no longer applicable, clarifying the current rule language, and eliminating duplicative and unnecessary regulatory requirements. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.040 State Revolving Fund General Assistance Regulation
The Department believes that the current regulation should be revised so applicants provide the necessary information to ensure wastewater system affordability and sustainability. This rule amendment further includes updating the rules to delete what is no longer applicable, clarifies the current rule language and eliminates duplicative and unnecessary regulatory requirements. In addition, the rulemaking will incorporate changes as a result of the Federal Water Pollution Control Act amendments contained in the Water Resources Reform and Development Act of 2014. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.041 Direct Loan Program
The Department has identified inconsistencies between this rule and 10 CSR 20-4.040, State Revolving Fund General Assistance Regulation. The purpose of this amendment is to resolve the inconsistencies with 10 CSR 20-4.040, clarify the provisions of 10 CSR 20-4.040, that do not apply to the Direct Loan Program, and incorporate requirements per amendments to the Federal Water Pollution Control Act. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.043 Hardship Grant Program
The purpose of this rule rescission is to gather public concerns and support on the proposed rescissions. All state agencies are working to reduce regulations and other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety, and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implementing statutory mandates, and maintaining state control of programs. For more information on Red Tape Reduction visit the department's website. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.049 State Match to State Revolving Fund Loan Program
The purpose of this rule rescission is to gather public concerns and support on the proposed rescissions. All state agencies are working to reduce regulations and other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety, and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implementing statutory mandates, and maintaining state control of programs. For more information on Red Tape Reduction visit the department's website. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.050 Environmental Review
Federally funded projects are required to have an environmental review performed to determine the impact of the project on the environment. Often the various federal agencies will have differing environmental review requirements. The purpose of this rulemaking is to update the current regulations used to establish the requirements for an environmental review, consistent with the National Environmental Policy Act, of the projects proposed for funding through the State Revolving Fund (SRF). This amendment will allow the Department to use the environmental reviews performed by other agencies when the project is funded by the department partially, or in full. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.060 Storm Water Assistance Regulation
The purpose of this rule rescission is to gather public concerns and support on the proposed rescissions. All state agencies are working to reduce regulations and other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety, and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implementing statutory mandates, and maintaining state control of programs. For more information on Red Tape Reduction visit the department's website. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.061 Storm Water Grant and Loan Program
The Department has identified inconsistences between this rule and 10 CSR 20-4.040, State Revolving Fund General Assistance Regulation. This proposed amendment was identified during the Red Tape Reduction Initiative for possible clarification of current regulation by removing outdated regulations and dates for ease of understanding the definition of compliance period and compliance cycle. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-4.070 Sales Tax Exemption
The purpose of this rule rescission is to gather public concerns and support on the proposed rescissions. All state agencies are working to reduce regulations and other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety, and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implementing statutory mandates, and maintaining state control of programs. For more information on Red Tape Reduction visit the department's website. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-6.010 Construction and Operating Permits
The rule amendment implements Executive Order 17-03. The Missouri Department of Natural Resources (Department) identified 131 restrictions in the existing rule and with the proposed revisions, the restrictions were reduced by approximately 50 percent. This amendment is largely administrative in nature. It is intended to clarify language, correct certain areas, and fill gaps. The Department is proposing administrative changes to all existing sections of the rule, removing two duplicative sections, and the adding a section on the application for a variance. The public comment period for the Regulatory Impact Report (RIR) for this rule ends June 4, 2018. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-6.011 Fees
This rulemaking is administrative in nature. The changes proposed are to remove duplicative language, provide clarity on existing vague requirements, address conflicts that exist between the regulation, statutes, and other regulations, and to remove references to Appendix A, which was removed in 2014. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-6.015 No Discharge Permits
The primary purpose of this amendment is to remove outdated and unnecessarily burdensome requirements. This rule is being amended as a result of Executive order 17-03 and the Red Tape Reduction rule initiative. 10 CSR 20-6.015 has several instances of inconsistencies with statute and other state regulation as well as duplication of requirements from other regulations therefore a general update of the rule has been overdue. The public comment period for the Regulatory Impact Report (RIR) for this rule ends June 4, 2018. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-6.020 Public Participation, Hearing and Notice to Governmental Agencies
This rule amendment proposes changes that are administrative in nature. The rule amendment improves the quality and consistency and updates the rule to reflect current statutory requirements regarding appeal processes. Additionally, the amendment removes unnecessary and duplicative public notice time for specific facilities. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-6.070 Groundwater Heat Pump Operating Permit
Under Governor Greitens' leadership, all state agencies are working to reduce regulations and other government processes that unnecessarily burden individuals and businesses while doing little to protect or improve public health, safety, and our natural resources. The Missouri Department of Natural Resources is committed to limiting regulation to what is necessary to protect Missouri's environment, implementing statutory mandates, and maintaining state control of programs. The proposed amendments to 10 CSR 20-6.070 either eliminate existing, or remove duplicative, requirements that exist in the rule. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-6.090 Class III Mineral Resources Injection/Production Well Operating Permits
The amendment to 10 CSR 20-6.090 Class III Mineral Resources Injection/Production Well Operating Permits are administrative in nature.  The proposed changes to this rule are to provide clarity and direction to the regulated community. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-6.200 Stormwater Regulations
The amendment to 10 CSR 20-6.200 Stormwater Regulations are administrative in nature. The proposed changes to this rule are to remove duplicative language that is established in either federal regulation or in other parts of 10 CSR 20-6. The proposed changes also provide increased clarity and direction to the regulated community. Additionally, the proposed changes reduce unneeded regulations that created burden and were outdated or unreasonable. The public comment period for the Regulatory Impact Report (RIR) for this rule ends June 4, 2018. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-6.300 Concentrated Animal Feeding Operation
The primary purpose of the rule amendment is to remove outdated and unnecessarily burdensome requirements. In association with Executive Order 17-03, this rulemaking gives the department the opportunity to improve the overall clarity of the rule, reduce redundancy, errors, unneeded or overly burdensome requirements. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-7.015 Effluent Regulations
The purpose of this rule amendment is to clarify language within the rule to illustrate flexibilities currently allowed by rule, remove inconsistency within the rule, remove conflicting citations or references to other rules, and remove portions of the rule that are unneeded. Additionally, the proposed amendment requires more frequent nutrient monitoring for specific facilities (private or publically owned facilities that receive primarily domestic waste) to further reflect the recommendations and intent of the Missouri Nutrient Loss Reduction Strategy which was developed by the Department and stakeholders in 2014. The public comment period for the Regulatory Impact Report (RIR) for this rule ends June 4, 2018. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-7.031 - Water Quality Standards
An Order of Rulemaking was filed Feb. 8, 2018 with the Secretary of State. The Order was published in the March 15, 2018 Missouri Register (Volume 43, Number 6). An amendment to Missouri Water Quality Standards has been published in the Oct. 16, 2017 Missouri Register (Volume 42, Number 20). The proposed amendment can be found from pages 1424 - 1539 of the MoReg at the following link: https://www.sos.mo.gov/CMSImages/AdRules/moreg/2017/v42n20Oct16/v42n20a.pdf

The public hearing was held at 9 am on Nov. 21, 2017 at the Department of Natural Resources, Lewis and Clark State Office Building, LaCharrette Conference Room, 1101 Riverside Dr., Jefferson City, MO 65101.

The purpose of this rulemaking is to update Missouri's Water Quality Standards. Several of the revisions are a result of stakeholder input gathered during the department's "Public Notice of Intent to Initiate Triennial Review of Missouri Water Quality Standards" and subsequent Water Protection Forum and Water Quality Standards workgroup meetings. Priorities established as a result of this process include addressing U.S. Environmental Protection Agency (EPA) disapproved items (i.e. numeric nutrient criteria for lakes), updating water quality criteria for pH and other pollutants, and changes to sections describing mixing zones, general criteria, and existing definitions. Portions of this rule require a Regulatory Impact Report pursuant to Chapter 536 RSMo.

A revised Regulatory Impact Report (RIR) is available that revises the report originally filed July 24, 2017. It has been revised to reflect key changes to the proposed rule, including removing the drinking water use and reassignment of Truman Lake to the Plains ecoregion. The report documents the environmental impact and economic costs and benefits associated with all the proposed changes. The revised RIR comment period was Sept. 25, 2017 through Nov. 24, 2017.

The Department of Natural Resources has posted responses to public comments on the proposed rule and RIR below.

10 CSR 20-7.031 Water Quality Standards Draft Rule
Public Comments Received for 10 CSR 20-7.031 Water Quality Standards Draft Rule
Response to Comments - Order of Rulemaking - Rule Text Changes
Rationale for Missouri Lake Numeric Nutrient Criteria, Dec. 2017
Numeric Nutrient Criteria for Missouri Lakes Fact Sheet
Supplemental Information Submittal Letter to EPA - Aug. 2018
Nutrient Criteria Implementation Plan
White Paper - Missouri Numeric Nutrient Criteria to Protect Aquatic Life - July 2018

Regulatory Impact Report (RIR)
Public Comments Received for RIR (July 24, 2017)
Public Comments Received for RIR (Sept. 25, 2017)
Response to Public Comments (Comprehensive)
RIR Numeric Nutrient Criteria Cost Estimate
RIR Numeric Nutrient Criteria CAPDETS
RIR Potential Lake Nutrient Impairments
RIR Section 304(a) Criteria Facilities
RIR Water Quality Standards Public Notice Announcement
RIR Reference Documents

The Department of Natural Resources has posted comments and responses to comments received on the RIR and draft rule (above). The Clean Water Commission adopted the Order of Rulemaking at its Jan. 4, 2018 meeting.

10 CSR 20-8.020 Design of Small Sewage Works
The Department is proposing to rescind this rule and the necessary minimum design standards for small facilities will be moved into the other rules within Chapter 8 as appropriate. This rescission will eliminate duplicity and reduce confusion on the current size separation of wastewater facilities. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.110 Engineering Reports, Plans and Specifications
This proposed rule will detail the difference between engineering reports and facility plans and clarify how drinking water usage records can be used to properly size wastewater systems. It will clarify when a soil report is necessary and provide a process for permitting new or innovative wastewater system designs. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.120 Gravity Sewers
This proposed rule amendment will reflect current industry standards and practice during the design and construction of conventional gravity sewers. The proposed amendment will also correctly incorporate the applicable American Society for Testing and Materials (ASTM) International standards by reference. The retained design standards will assist communities in meeting their infrastructure needs. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.125 Alternative Sewer Systems
The Department is proposing a new rule to address alternative sewer systems such as pressure sewers (i.e., grinder pumps), septic tank effluent gravity sewers, septic tank effluent pumped sewers, and vacuum sewers. Alternative sewers are not to be used in lieu of conventional gravity sewers, but are acceptable when gravity sewers are not feasible due to terrain, geology, or financial situations. This rule will codify the design and construction minimum requirements of alternative sewer systems and protect public health with minimum water main and sewer separation distances. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.130 Pumping Stations
The proposed rule amendment will reflect current industry standards and practice during the design and construction of wastewater pump stations. The emergency operation section was modified to reflect the emergency operation methods available for pump stations to avoid sanitary sewer overflows. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.140 Wastewater Treatment Facilities
The proposed rule amendment will reflect current industry standards and practice during the design and construction of wastewater treatment facilities. This rule removes the burdensome laboratory design requirements as other agencies have strict codes as to how to design and operate a laboratory. The rule modifies the general safety requirements and chemical handling and housing expectations. This rule also codifies design standards for pump and haul facilities. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.150 Preliminary Treatment
The proposed rule amendment will reflect current industry standards and practice during the design and construction of preliminary treatment components
(e.g., screening, communitor, grit removal, pre-aeration, flow equalization, grease interceptors, etc.). Advancements in screening and grit removal technologies have occurred since the existing rule became effective in 1979. A new section on grease interceptors has been added for wastewater treatment facilities at establishments with large amounts of grease production. This proposed amendment will also correctly incorporate applicable ASTM International standards by reference. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.160 Settling
The proposed rule amendment will reflect current industry standards and practice during the design and construction of settling tanks (i.e., clarifiers). The rule has been improved by adapting long text into table format for quick and easy sizing determinations. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.170 Solids Handling and Disposal
The existing rule predates the U.S. Environmental Protection Agency’s (EPA) 1993 biosolids rules and in part conflicts with federal law. The rule amendment includes discussion of technologies to treat solids from wastewater treatment facilities to meet the minimum EPA biosolids rules and to include additional established technologies used in Missouri. The rule includes a new section on composting of biosolids, which some communities currently operate in Missouri. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.180 Biological Treatment
The proposed rule amendment will reflect current industry standards and practice during the design and construction of biological treatment. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.190 Disinfection
The proposed rule amendment will reflect current industry standards and practice during the design and construction of disinfection systems. The chlorination and dechlorination sections have been modified to reflect the different chemical forms available and associated design and safety concerns. A new section to address ultraviolet disinfection systems was added. Ultraviolet disinfection is very prevalent in Missouri and was without a design standard. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.200 Wastewater Treatment Lagoons and Wastewater Irrigation Alternatives
With over 800 permitted discharging lagoons in Missouri, conversion of a no-discharge system is the recommended alternative for many communities. The current rule focuses on discharging lagoons, not the practice of utilizing lagoons for storage basins prior to land treatment. Land treatment is the application of treated wastewater on fields at an agronomic rate that crops will up-take the water applied. The land treatment portion of the rule is expanded to not only surface wastewater irrigation but also subsurface soil dispersal technologies. This rule also addresses lagoon retrofit technologies currently available. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.210 Supplemental Treatment
The proposed rule amendment will reflect current industry standards and practice during the design and construction of technologies that may be used by a facility to obtain a higher level of treatment. Phosphorus removal currently applies to permitted dischargers to Table Rock Lake and Lake Taneycomo watersheds. The rule expands the technologies available for nutrient removal, metals removal, tertiary filtration, and post-aeration. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.220 Land Treatment
The Department is rescinding this rule and proposes incorporating the design standards into 10 CSR 20-8.200. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.300 Manure Storage Design Regulations
The proposed rule will retain site location requirements, minimum storage periods for sizing animal waste storage structures, minimum requirements for the collection, storage, and distribution of animal wastes, and required construction techniques. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-8.500 Design Requirement for Agrichemical Facilities
The proposed rule will retain certain requirements for design and construction of primary, secondary, and operational containment structures for bulk liquid fertilizers and pesticides and for bulk dry agrichemicals. It also specifies minimum storage volumes and requirements for materials used in the containment structures. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-9.010 Wastewater Treatment Systems Operation Scope Monitoring
The purpose of this rulemaking is to revise the classification criteria and minimum operational monitoring requirements for wastewater treatment facilities to include technologies that are not reflected in the current rules. Proposed amendments also include changes to the operator certification and training criteria to more closely align it with the requirements for drinking water operator certification. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-9.020 Certification of Wastewater Treatment Systems
See 10 CSR 20-9.010. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-9.030 Certification of Wastewater Operators
See 10 CSR 20-9.010. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-14.010 Classification of Concentrated Animal Feeding Operation Waste Management Systems
The purpose of this rulemaking is to streamline the types of concentrated animal feeding operation (CAFO) certifications available. The amendment is to remove the language that distinguishes between dry and wet CAFOs and consolidate CAFO certificates into A and B levels, which reflects current industry conditions. Submit comments using the department's Regulatory Action Tracking System.

10 CSR 20-14.020 Certification of Concentrated Animal Feeding Operation Waste Management System Operators
See 10 CSR 20-14.010. Submit comments using the department's Regulatory Action Tracking System.