An Update on Changes to Missouri Environmental Regulations at 2013 Mid America Safety, Health and...

An Update on

Changes to Missouri

Environmental

Regulations

Kevin Perry

REGFORM

You cannot step twice into the same river.

-Heraclitus

On regulations… I made a game effort to argue, but two

things were against me: the umpires and

the rules

-Leo Durocher

MDNR will meet the December 31, 2013 deadline and cross

the finish line in time.

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.

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.

Zn-Containing Fertilizers

The current Federal exemption,

which is also in place in Missouri,

but authorized, will be removed.

This affects one facility.

Registration

Current registration

requirements will not change.

Thresholds

Current Missouri-specific thresholds

will not change.

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.

Hazardous Secondary Materials

The current approach to Hazardous

Secondary Materials recycling, which

is stricter than Federal, will remain.

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.

Other Missouri Regs to Be Rescinded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.

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

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

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

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

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

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

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.

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

Odds & Ends

• New standard permit conditions

are circulating: Brant Farris

• MDC Flow Regime Policy causing

upset

Missouri Water Seminar, Sept. 5-6, Columbia

Missouri Hazardous Waste Seminar, Nov. 5, Columbia

www.REGFORM.org