Great pictures. Sorry, not many words. What's been happening in Missouri on Water regs and Haz Waste Regs (no Air), and what might happen very soon.

1. An Update on
Changes to Missouri
Environmental
Regulations
Kevin Perry
REGFORM
You cannot step twice into the same river.
-Heraclitus

10. On regulations… I made a game effort to argue, but two
things were against me: the umpires and
the rules
-Leo Durocher

29. MDNR will meet the December 31, 2013 deadline and cross
the finish line in time.

32. Hazard Labeling
MDNR will ask the
Hazardous Waste
Management
Commission to
decide.
Which option in
the Option
Document will be
selected?
First Responders
may not object
after all.

33. SAAs
If you take advantage of MDNR’s
interpretation of the Satellite Accumulation
Area Regs… Sorry, it will go away.
The one-year accumulation limit is stricter
than Federal.
Multiple streams will be gone.
An “or” could save it. But it won’t.

34. Zn-Containing Fertilizers
The current Federal exemption,
which is also in place in Missouri,
but authorized, will be removed.
This affects one facility.

35. Registration
Current registration
requirements will not change.

36. Thresholds
Current Missouri-specific thresholds
will not change.

37. Reporting
Large Quantity Generators will continue quarterly
reporting until 2016. Annual reporting will then be
allowed, but only electronically.
Biennial reporting is not on the table.
Data reporting reductions are currently on the table.

38. Hazardous Secondary Materials
The current approach to Hazardous
Secondary Materials recycling, which
is stricter than Federal, will remain.

39. Dioxin
Missouri-specific dioxin accumulation limits and
MH02 waste code will remain in place.
The statutory authority of the Commission to establish
what will be regulated as a hazardous waste was
cited.

40. Other Missouri Regs to Be Rescinded
• Overly prescriptive containment requirements in 10 CSR
25-5.262(2)(C)2.D. and 10 CSR 25-6.263(2)(A)10.D.
• Highly prescriptive storage requirements for TSD storage
of containers holding igntable or reactive wastes in 10 CSR
25-7.264(2)(I)5 and 10 CSR 25-7.265(2)(I)8.
• Requirements for fire blankets, gas masks, SCBA in 10
CSR 25-5.262(2)(C)2.G. And 10 CSR 25-6.263(2)(A)10.F.

42. Legislation
HB881 appears to be moving and will likely
be the environmental omnibus bill.
If this becomes law
• it eliminates Health Profile
requirements
• Eliminates onerous disclosure
statement requirements, and
• Gives fee setting authority to the
HWMC

43. Proposed Missouri Water Quality Standards Rule
• On interagency review NOW
• Filed with Secretary of State: May 15
• Published in the Missouri Register: June 15
• Public Hearing: July CWC meeting
• Adoption: September

44. Missouri Water Quality Standards Rule
• In response to 1998 letter from USEPA
• Implements fishable/swimmable in more
MO streams, aka “Stream Classification”
• Uses 1:100,000 “enhanced” National
Hydrography Dataset (NHD) as the starting
point
• Streams can be added or removed (UAAs)
from the starting data set
• Five-fold increase in the number of
classified streams

45. Proposed Missouri Water Quality Standards Rule
• UAAs are costly
• Treating effluent for receiving waters that really aren’t
used for whole body contact is costly
• Threading the needle is critical; we need to get this just
right
• “Gazillion” dollar fiscal note
• This rule must be adopted in order to avoid all waters of
the State classified fishable/swimmable

46. History & Prediction
• This rule has been “pulled” once by the
Administration
• It will be withdrawn again
• If the CWC does not adopt the rule, regardless,
EPA will promulgate WQS for Missouri

47. Proposed Effluent Regs Rule
• It is out on Interagency Review now
• Will follow the same
publication/hearing/promulgation schedule as WQS
rule
• We commented on pH range, arbitrary 10’
compliance point, and WET testing
• We know municipalities are very concerned about
adopting Federal language on blending and bypass

48. Effluent Regs Outlook
• MDNR has resisted our comments on WET
testing. We will continue to negotiate and
comment.
• Language was modified to respond to our
comment on pH range flexibility. We are
still evaluating.
• Still evaluating response to arbitrary 10’
compliance point for groundwater, not in
State or Federal Regulation.

49. Legislation
• HB881 gives fee setting authority to CWC
• HB889-required water fee report with
recommendations was yanked
• HB881 would also exempt industrial
dischargers from construction permit
requirement
• Similar provisions, based on a waiver, are
in straw man rule language

50. Odds & Ends
• New standard permit conditions
are circulating: Brant Farris
• MDC Flow Regime Policy causing
upset

51. Missouri Water Seminar, Sept. 5-6, Columbia
Missouri Hazardous Waste Seminar, Nov. 5, Columbia
www.REGFORM.org