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.

MoDNR Regulatory Agenda

Public Drinking Water Branch

Proposed Adoption of EPA Ground Water Rule
This rulemaking adopts the U. S. Environmental Protection Agency's federal Ground Water Rule. The rulemaking requires adoption of one new rule and amendment of five existing rules.

Draft Proposed Ground Water Rulemaking PDF

Because the federal rule requires states to set state-specific criteria in several areas to implement the rule, a Regulatory Impact Report has been developed. The proposed state-specific criteria and other minor changes are explained in the text of the Regulatory Impact Report in the response to question 1. Other than these exceptions, the requirements in the state's draft rulemaking are identical to the federal rule. The public is invited to review and submit comments on the Regulatory Impact Report through Jan. 15, 2010.

Regulatory Impact Report PDF On public notice 11/16/09 - 1/15/10

Comments on the Regulatory Impact Report can be submitted by e-mail to Linda McCarty or by mailing to:

Linda McCarty
Missouri Department of Natural Resources
Public Drinking Water Branch
P.O. Box 176
Jefferson City, MO 65101-0176

10 CSR 23-4.010 - 10 CSR 23-4.080--Monitoring Well Construction Rules
The purpose of this rulemaking is to bring the monitoring well chapter of the Missouri Well Construction Rules in line with current industry technology. The current rules were promulgated in 1995 with no further amendments to allow for changes to the industry. A major change in push probe technology, which allows the use of a smaller riser pipe, lowers the cost of constructing monitoring wells and is used by a majority of the industry, however, this technology is not addressed in the current rules.

10 CSR 23-4.010 - 10 CSR 23-4.080- Monitoring Well Construction Rules PDF
10 CSR 23-4.010 - 10 CSR 23-4.080- Monitoring Well Construction Rules second draft PDF
10 CSR 23-4.010 - 10 CSR 23-4.080- Monitoring Well Construction Rules third draft PDF
10 CSR 23-4.010 - 10 CSR 23-4.080- Monitoring Well Construction Rules fourth draft PDF

The public is invited to review and submit comments on proposed regulations and the regulatory impact report for the monitoring well construction industry. The proposed rules establish standards for monitoring wells to be constructed using a direct push method, meaning the well is installed by pushing or hammering the drive rods as opposed to drilling or augering. The proposed rules also establish construction standards for shallow groundwater monitoring wells. The inclusion of this construction method directly prompts changes to monitoring well diameter standards as it relates to annular space, casing, filter pack and sealing dimensions.

Regulatory Impact Report PDF On public notice 10/12/09 - 12/12/09

Comments on the above draft rulemaking can be submitted by e-mail to Sheri Fry or by mailing to:

Sheri Fry
Missouri Department of Natural Resources
Water Protection Program
P.O. Box 250
Rolla, MO 65402-0250

Water Pollution Control Branch

10 CSR 20-7.031 Water Quality Standards
The Clean Water Commission approved an Order of Rulemaking Amendment for 10 CSR 20-7.031, Water Quality Standards, July 1, 2009. This amendment to the Water Quality Standards revises state numeric water quality criteria for copper, zinc, nutrients in lakes, bacteria and ammonia, and includes both new and more accurate descriptions of the classified waters. Other revisions include the designation of whole body contact recreation and secondary contact recreation as a result of use attainability analyses as well as specific criteria for dissolved oxygen on several streams.

The Order of Rulemaking Amendment was published in the Sept. 15, 2009, Missouri Register, Vol. 34, #18, page 2006. The order became effective Oct. 30, 2009.

For more information, contact:
Missouri Department of Natural Resources
Water Protection Program
P.O. Box 176
Jefferson City, MO 65102-0176

10 CSR 20-7.015 Effluent Regulations
This amendment will provide a mechanism to place E. coli bacteria limits and effluent monitoring requirements that conform to the federal water quality standard for indicator bacteria. The amendment also incorporates a minor addition that will allow alternative limits for discharges to subsurface waters associated with risk-based corrective action projects administered by the Hazardous Waste Program so long as no unreasonable risk to human health or the environment is created. It also addresses water quality conditions potentially impacted by the discharge of overflows from Combined Sewer Systems, commonly referred to as combined sewer overflows.

The proposed amendment to 10 CSR 20-7.015, Effluent Regulations, was filed with the Secretary of State on Sept. 28, 2009 and published in the Nov. 2 Missouri Register, Vol 34, #21.

Proposed rule making amendment: PDF A public hearing is scheduled for Jan. 6, 2010.

Public fiscal note PDF

Private fiscal note PDF

Affidavit PDF

Comments can be submitted by e-mail to John Rustige. Comments may also be sent by mail to:
John Rustige
Missouri Department of Natural Resources
Water Protection Program
P.O. Box 176
Jefferson City, MO 65102-0176