Protecting Missouri's Natural Resources is a monthly newsletter that informs
readers about environmental issues.

SEPTEMBER 2005

DEPARTMENT OF NATURAL RESOURCES INVITES PUBLIC TO COMMENT ON DRAFT BUZZI UNICEM AIR PERMIT

The Missouri Department of Natural Resources has placed the draft air pollution permit for Buzzi Unicem USA River Plant on public notice. The plant is located in Jefferson County.

The department is soliciting public comment on this draft air permit until Oct. 20. The department has also scheduled a public hearing at 5 p.m., Thursday, Oct. 20 at the Festus Public Library, 222 N. Mill St., Festus. The department must receive requests to speak by 5 p.m. on Oct. 18 or the department will cancel the hearing.

Interested parties should send written comments or requests to speak to James L. Kavanaugh at Department of Natural Resources, P.O. Box 176, Jefferson City, MO 65102-0176, by fax to
573-751-2706 or by e-mail to cleanair@dnr.mo.gov.

The plant has proposed a new kiln system to replace the two existing clinker production systems and their attending raw mill systems. The new system would increase production capacity and allow the River Plant to produce 2.2 million tons of clinker annually. The replacement of the two older kilns would result in a net decrease for emissions of sulfur dioxide and oxides of nitrogen.

The draft permit is available on the department's Web site at www.dnr.mo.gov/env/apcp/PermitPublicNotices.htm. A copy of the application, the preliminary determination, and other related materials are also available for public review at the Festus Public Library, 222 N. Mill St., Festus or at the following locations:

Missouri Department of Natural Resources
Air Pollution Control Program
1659 East Elm St.
Jefferson City, MO 65101
573-751-4817

Missouri Department of Natural Resources
St. Louis Regional Office
7545 S. Lindbergh Blvd., Suite 210
St. Louis, MO 63125
314-416-2960

People requiring special services or accommodations to attend the meeting can make arrangements by calling 800-361-4827 or 573-751-4817. Hearing-impaired individuals may contact the program through Relay Missouri at 800-735-2966.

For more information concerning the permit process or the hearing, please call the Air Pollution Control Program's New Source Review Unit at 800-361-4827 or 573-751-4817.

MISSOURI CLEAN WATER COMMISSION ADOPTS RULE AMENDMENTS FOR CLEANER STREAMS

The Missouri Clean Water Commission adopted a Final Order of Rulemaking amending state water quality standards and effluent regulations to designate more than 96 percent of Missouri's classified stream miles for "whole body contact recreation" use. The rule changes will add bacterial standards to protect swimming uses for about 16,000 miles of Missouri streams and 300 lakes, in addition to those already protected. Those bacterial standards were previously required on only 5,500 miles of Missouri streams.

The changes add whole body contact recreation use designations to all classified water bodies not currently designated for whole body contact, except where it has been shown that no swimming uses occur and stream characteristics make any swimming highly unlikely. Based on those criteria, the rule changes remove whole body contact recreation use designations from only 142 of the 3,761 classified streams in Missouri.

To protect stream users, nearly 850 wastewater treatment plants throughout Missouri that were not previously required to disinfect their discharges will be required either to add new bacterial controls or show that their discharges will not cause any violation of the bacteria standards on the stream receiving their discharge. The commission amended the compliance schedule in the proposed rule to require each permitted facility to achieve compliance with the rule within five years of the next renewal, significant modification, or first issuance of its operating permit, and no later than eight years after the effective date of the rule. The rule is expected to become final on or before April 30, 2006.

The Clean Water Commission is publishing this rule to satisfy concerns expressed by the U.S. Environmental Protection Agency in 2000. The rule will prevent EPA from publishing federal standards for the State of Missouri.

Following adoption by the commission and approval by the Joint Commission on Administrative Rules
and the Secretary of State's Office, the amended rules will be submitted to EPA for its approval and implementation.

The 2005 Proposed Water Quality Rule Revisions and Use Attainability Analysis - Frequently Asked Questions (PUB2172) fact sheet is available on the department's Web site at www.dnr.mo.gov/pubs/pub2172.pdf.

For more information, call the Missouri Department of Natural Resources at 800-361-4827 or contact the Water Protection Program at 573-751-1300.

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DEPARTMENT EXTENDS PUBLIC COMMENT PERIOD FOR OAK GROVE VILLAGE WELL SITE

The Missouri Department of Natural Resources and the U.S. Environmental Protection Agency have extended the public comment period until Nov. 25 for the Oak Grove Village Well Site cleanup plan.

The plan identifies the preferred cleanup option. The public can review and copy the proposed cleanup plan and supporting documents from the Administrative Record at the following locations:

Sullivan Public Library
104 W. Vine St.
Sullivan, Mo.
Phone: 573-468-4372

Oak Grove Village City Hall
260 James St.
Sullivan, Mo.
Phone: 573-468-4500

Written comments must be postmarked no later than Nov. 25 and should be sent to Candice McGhee, Missouri Department of Natural Resources, Hazardous Waste Program, P.O. Box 176, Jefferson City, MO 65102-0176.

At the end of the public comment period, the department will review all written comments. The department can change the preferred cleanup option, or choose another option, based on technical or legal issues brought up by the comments. The department will issue the final decision on the selected cleanup option in the Record of Decision for the site.

For more information, contact McGhee at 573-751-1738 or 800-361-4827 or visit www.dnr.mo.gov/newsrel/nr05_373.htm.

DEPT. OF NATURAL RESOURCES' SCRAP TIRE FEE RENEWED
New Tire Purchases should include a 50-cent per tire fee

Beginning Oct. 1, retailers again will collect a 50-cent fee for every new tire purchased in Missouri. The scrap tire fee will generate approximately $2.1 million annually.

Previously known as the Waste Tire Fee, the fee was first established in 1990 and expired Jan. 1, 2004. Gov. Matt Blunt signed the bill, which went into effect Aug. 28, 2005.

The bill gives the director of the Department of Natural Resources authority to use scrap tire funds after cleanup commitments for public health, environmental and safety projects in response to environmental emergencies such as tire fires.

"The department's waste tire program was one of the top ten in the nation," said Doyle Childers, director of the Missouri Department of Natural Resources. "The department is ecstatic to see the state's scrap tire fee renewed."

The department will restart to use the money generated from the fee to clean up scrap tires from Missouri's landscapes and countryside. In addition, the department will again be able to provide grants to communities for recycled rubber playground surfaces, support educational outreach opportunities and reestablish staff to administer, investigate and enforce the states' scrap tire efforts.

When waste tires are not disposed of or recycled properly they pose serious threats to human health and the environment. Water sitting in waste tires creates an ideal breeding environment for mosquitoes, which can equal 10,000 to 1,000,000 mosquitoes per tire during a breeding season. Mosquitoes are known to carry diseases such as the West Nile virus, Equine Encephalitis, and the St. Louis and La Crosse strains of human encephalitis. Fires from waste tires release hazardous substances into the air and possibly into groundwater sources and can burn for months or even years.

When Missourians dispose of or recycle waste tires properly they can provide several beneficial uses including: an alternate source of fuel for power plants; raw material for new tires; playground surfaces; and other recycled rubber products.

The Scrap Tire Fee is set to expire Jan. 1, 2010. The department will report the status of the tire cleanups to the General Assembly by Jan. 1, 2009 so they may consider renewal options for the fee.

For more information on Missouri's scrap tire fee effort visit the department's Web page at www.dnr.mo.gov/env/swmp, or call the department's Solid Waste Management Program at 800-361-4827 or 573-751-5401.

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DEPARTMENT OF NATURAL RESOURCES WILL RECEIVE 50-CENT FEE FROM BATTERY PURCHASES MADE IN MISSOURI
Fee will support the state's hazardous waste cleanup efforts

Beginning Oct. 1, the Missouri Department of Natural Resources will receive a 50-cent battery fee from every lead-acid battery greater than 6-volts purchased in Missouri. Batteries purchased for agricultural use are exempt from the fee. The money raised from the fee will help support the state's hazardous waste cleanup efforts.

The department is responsible for investigating and directing cleanups of uncontrolled or abandoned hazardous waste sites. Much of the work is performed by the department's Superfund program and is focused on pollution that occurred many years ago, such as groundwater and soil pollution from old mining sites, landfills and industrial sites.

Although federal money pays for a large part of the Superfund program's cost, some costs must be paid by the state. Previously, fees charged to hazardous waste generators and hazardous waste management facilities paid these costs. Over the years, the amount of hazardous waste generated and the number of companies that produce hazardous waste has decreased, reducing the amount of money collected. The battery fee will supplement the fees paid by hazardous waste generators and hazardous waste management facilities.

The 50-cent lead-acid battery fee pays for costs associated with the state's oversight of Superfund cleanups. As a first choice, the polluter pays for the cost of their cleanup. However, many times the responsible parties can not be identified or located, making the federal and state governments responsible for the cost of the cleanups. The U. S. Environmental Protection Agency pays for 90 percent of the cleanup costs. The state is responsible for the remaining 10 percent. The 2005 General Assembly decided the best option to fund the state share of these cleanups is through a specific general revenue appropriation once the cleanup is finished.

The battery fee was included as part of Senate Bill 225 that went into effect Aug. 28, 2005. SB 225 reinstates, renews and extends fees for environmental services that benefit the citizens and businesses of Missouri. This bill would provide direction and funding for Missouri's management of scrap tires, solid wastes, hazardous wastes and dry cleaners contamination.

For more information on the 50-cent lead-acid battery fee, please contact the Missouri Department of Natural Resources' Hazardous Waste Program at 800-361-4827 or 573-751-3176.

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DEPARTMENT FINDS LEAD CONTAMINATION IN WASHINGTON COUNTY'S
MINING DISTRICT
Contaminated groundwater well owners notified first during investigation

The Missouri Department of Natural Resources in cooperation with the U.S. Environmental Protection Agency (EPA) has found lead contamination during an investigation at the Washington County Lead Mining District Site.

In June 2005, department staff collected over 2,000 soil samples and 172 private drinking water well samples from 359 residential properties in and around Potosi, Cadet and Mineral Point, Mo as part of the investigation. EPA is continuing the investigation by sampling in the northern portion of Washington County near Richwoods.

Analytical results document that 36 groundwater wells are contaminated with lead above the action level. The department and EPA's established action level for lead in drinking water is 15 parts per billion (ppb). The department has notified the well owners with the contamination as well as providing additional information and assistance. Approximately 135 residents receive water from the contaminated drinking water wells.

Contaminated drinking water is a potentially serious health issue. Therefore, the department and EPA have recommended those served by the contaminated wells stop drinking and cooking with the well water. The department is working with EPA to provide a permanent remedy for residents with contaminated wells. Potosi city officials are working to set up distribution centers where residents can go to obtain city water. Until the city water distribution centers are established, the department recommends effected residents use bottled water for drinking and cooking.

The remaining 323 residents will receive their preliminary results next week. In addition to the groundwater well and soil sampling, the department is also investigating improper disposal of lead concentrate in other areas. This issue came to EPA's attention while working on the larger investigation.

The department along with the EPA, Department of Health and Senior Services, Washington County Health Department and the City of Potosi will hold formal public meetings in the near future with effected residents to answer questions and explain the investigation further.

The investigation is part of a statewide project identifying all lead, zinc and other metal mining, milling, smelting and processing sites. The purpose of the project is to evaluate and categorize sites based on its potential risk to human health and the environment and to identify sites that may not be fully utilized because of the effects of their past mining history.

The current project for the Washington County Lead District Site was planned and implemented with cooperation from city and county officials, the Department of Natural Resources, Washington County Health Department, the Missouri Department of Health and Senior Services, EPA and the Agency for Toxic Substances and Disease Registry.

For more information on the department's investigation in the Washington County Lead District Site, contact the department at 800-361-4827 or 573-751-3176.

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DEPARTMENT SIGNS RECORD OF DECISION FOR WHITEMAN AIR FORCE BASE

A Record of Decision to redevelop of the south central part of Whiteman Air Force Base (WAFB) in Johnson County was approved and signed by the Missouri Department of Natural Resources on July 5, 2005. As a result, the Missouri National Guard can move forward with the design of a facility that will help assure the life of the base, due to WAFB's expanded mission and multi-branch armed services characteristic.

This is the first Record of Decision reached under WAFB's Performance-Based Contract.

A Draft Record of Decision, encompassing 12 sites at WAFB, is currently under review by the Air Force. The Whiteman Airforce Base plan to restore 12 sites is available on the Web at www.dnr.mo.gov/env/hwp/fedfacs/whiteman-afb-proposed-plan-06.pdf.

For more information on federal facility sites located in Missouri, contact Ramona Huckstep of the Department of Natural Resources at 800-361-4827 or 573-751-3176.

DEPARTMENT'S HAZARDOUS WASTE PROGRAM UPGRADES ONLINE REPORTING

The Department of Natural Resources' Hazardous Waste Program has upgraded an online reporting process by developing a cost-effective multi-page version of their electronic Summary Report forms.

All hazardous waste generators registered with the program, as well as permitted Missouri treatment, storage and disposal facilities, are required to report their activities on a regular basis.

For many years, the reporting forms have been paper and were filled out manually. The information requested on the report forms is detailed and can result in a facility having to complete hundreds of pages each report cycle. When these reports are received by the progam, they must be reviewed for completeness and manually entered into the reporting database. This information is then used to calculate annual bills for applicable hazardous waste fees and taxes. Completion of these reports is often a duplication of effort for reporting generators who already have this information contained within their own databases.

In November 2003, hazardous waste generators were notified that an electronic reporting form was available for them to use. That first version of the electronic form allowed reporters to complete the form on their computer, save it to a file and print the report form. The printed form could then be sent to the program, where it still had to be entered in to the reporting database.

In January 2005, an improved version of the form was made available. This version allows the reporting generators to send their electronic form on a floppy disk, a CD, or as an e-mail attachment. The data is then imported from the electronic form directly to the database. This has eliminated the requirement for duplicative data entry.

A major innovation in the electronic reporting was the introduction of a Personal Identification Number assigned by the program as a legal substitute for the reporter's signature, eliminating a major paper bottleneck to timely reporting.

The latest version of the electronic form allows for a large and variable number of pages, eliminating a number of copy steps required of larger reporters.

More than 98 percent of all electronic reports sent to the HWP have been sent as e-mail attachments. For the reporting year that ended June 30, 2004, eleven percent were electronic reports. For the reporting year that ended June 30, 2005, twenty-one point five percent were electronic reports. It is expected that the percentage of electronic reports will continue to increase. The forms utilize Microsoft's Excel and Access and were written entirely in-house by staff of the Department's Application Development Team without contractor or additional staff costs.

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WELDON SPRING ORDNANCE WORKS RESTORATION ADVISORY BOARD VOTES TO BEGIN ADJOURNMENT PROCESS

During the Aug. 4, 2005, meeting, the Weldon Spring Ordnance Works Restoration Advisory Board (RAB) voted to begin an adjournment process. Adjournment is based on a determination that there is no longer a need for the RAB or when community interest in the RAB declines sufficiently. This process is done in consultation with the U.S. Environmental Protection Agency, state, tribes, RAB members and the local community. The board members in attendance all agreed the RAB has served its function as a proactive forum to discuss and advise the Army in their efforts to remediate the site's soil and groundwater.

The Weldon Spring Ordnance Works site is a former explosives production facility that manufactured trinitrotoluene and dinitrotoluene for use during World War II. The plant operated from 1941 to 1945 producing 164,000 tons of explosives at peak annual production. The Department of Natural Resources has provided regulatory oversight of the Army's remediation since 1988.

The RAB adjournment process includes the opportunity for the community to comment on this potential adjournment during a 30-day comment period. Notice to the community will be provided through the local newspapers.

Questions or comments can been sent to the Missouri Department of Natural Resources' Hazardous Waste Program, P.O. Box 176, Jefferson City, MO 65102-0176 or call 800-361-4827.

For more information on Weldon Spring Ordnance Works or other federal facilities located in Missouri, contact Ramona Huckstep at 800-361-4827 or 573-751-3176.

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DEPARTMENT IDENTIFIES WATER SYSTEMS THAT FAIL TO COMPLY WITH
TESTING REQUIREMENTS

The Missouri Department of Natural Resources has released a list of 34 public drinking water systems that have chronically failed to do required bacteriological testing. The department requires all public water systems to test for bacteria at least once a month to verify that these systems are providing safe drinking water to the public. While failing to monitor does not necessarily mean that the water is unsafe, routine testing is a crucial part of maintaining a safe water supply.

The systems included on this list have at least three major monitoring violations in a 12-month period. The months these systems failed to collect at least one routine sample are given for the interval from May 2004 to June 2005; other monitoring violations may have occurred previously.

Bacteriological testing can be the first step in identifying and correcting a contamination problem. The next step is to investigate the cause of any bad samples and perform corrective action, such as disinfecting and flushing the system. When a public water system has both a record of failure to monitor and a history of MCL violations, this may raise concerns about the unknown quality of the drinking water. Failing to monitor can result in ongoing bacteriological problems. Often, informing the public of the system's chronic failure to monitor water quality will prompt a system to routinely submit samples.

The vast majority of community and non-community public water systems in Missouri complies with all monitoring requirements and meets all drinking water standards. Chronic violators are the exception rather than the rule, as this current list of 34 systems represents only 1.3 percent of the approximately 2,700 public drinking water systems in Missouri.

These systems' owners have been sent multiple violation notices in addition to certified letters informing them that chronic failure to monitor is unacceptable. Representatives of the Department of Natural Resources also routinely make on-site inspections and attempt to reach an agreement with the responsible parties to ensure sampling requirements will be met. If these parties continue to fail to comply with Missouri's drinking water law, more stringent enforcement action is pursued through legal channels.

The type of bacteria monitored is called total coliform bacteria. Although these bacteria are common in the environment and generally not harmful by themselves, they do indicate the water may be contaminated with organisms that can cause disease. Disease symptoms may include diarrhea, cramps, nausea, possible jaundice and associated headaches and fatigue. The presence of these bacteria can indicate possible problems, such as an improperly constructed or deteriorating well, inadequate water treatment, or contamination in the distribution system, including water towers and the mains that distribute the water.

If a water sample tests positive for total coliform bacteria, further testing is then performed for fecal coliform or E. coli, bacteria, which can directly cause gastrointestinal illness. Most samples that test positive for total coliform usually test negative for fecal coliform or E. coli. The total coliform positive samples that are listed here did test negative for fecal coliform or E. coli unless specifically stated otherwise.

To view more details on the violators listed, visit the department's Web pages at www.dnr.mo.gov/env/wpp/chronic/2Qchronic.pdf.

For more information, contact the department's Water Protection Program at 800-361-4827 or 573-751-8309.

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BROWNFIELDS/ VOLUNTARY CLEANUP PROGRAM OVERSEES SUCCESSFUL CLEANUPS
Certificates of Completion issued for sites in Kansas City, St. Louis and St. Peters

The Department of Natural Resources has issued certificates of completion for three new Brownfields/Voluntary Cleanup Program
(B/VCP) sites.

Brownfields are abandoned or underused industrial or commercial sites, located primarily in urban areas, that are either contaminated or thought to be contaminated. Through the B/VCP, private parties agree to clean up a contaminated site and are offered some protection from future state and federal enforcement action at the site in the form of a "No Further Action" letter or "Certificates of Completion" from the state.

Clorox Products in Kansas City
The Department of Natural Resources issued a certificate of completion to the Clorox Products site in Kansas City. The cleanup certificate addressed soil and groundwater contaminated with chlorinated solvents.

Clorox enrolled the site into the department's Brownfields/Voluntary Cleanup Program in 1997. The site required removal and disposal of soils contaminated with Trichloroethylene and enhanced biodegredation of contaminated with Hydrogen Release Compound.

Following the cleanup, the department determined the contamination levels are below that which would constitute a risk to current or future occupants of the site.

Park East Tower Site in St. Louis
The department issued a certificate of completion for the Park East Tower site in St. Louis. The cleanup certificate for the site addressed petroleum contaminants in the soil.

The property was formerly used for a service station, a commercial office building and other retail businesses. The site later became a paid parking facility. Cleanup of the 1.5-acre site, currently owned by Opus Northwest, LLC, required removal and disposal of three underground tanks and 20 tons of soil contaminated with petroleum. Following the cleanup, the department determined that contamination levels would not constitute a risk to future or current occupants of the site. Opus Northwest is now constructing a 26-story high-rise apartment building with luxury condominiums.

Hallmark Cards/Crown Center in Kansas City
The department issued a certificate of completion to Hallmark Cards Inc./Crown Center for the closure of an underground storage tank located at 26th and Warwick Trafficway in Kansas City.

The 5,000-gallon storage tank was discovered in March 2003 by workers excavating the intersection. The tank was then closed in place by removing all materials, cleaning the tank and filling it with concrete grout. The tank now lies under the pavement of Warwick Trafficway. Soil samples taken from around the tank found minor petroleum contamination, however, an evaluation performed by Burns and McDonnell Engineering Company, Inc. determined the levels do not constitute a risk to occupants of the site.

American Cleaners in St. Peters
The department issued a certificate of completion for cleanup of soil and groundwater contaminated with tetrachloroethylene. The cleanup required removal and disposal of contaminated soil and the use of sodium permanganate to break down the chemicals found in the shallow groundwater.

The former American Cleaners site is now owned by Dierbergs Mid Rivers Realty and has been redeveloped as a Barnes and Noble bookstore next to Mid Rivers Mall.

Known or suspected contamination may hamper redevelopment and reuse at commercial properties, otherwise known as "Brownfields." While many Brownfields are minimally contaminated, potential environmental liability can be a problem for owners, operators, prospective buyers and financial institutions. Because of the large number of these sites, their economic impact, especially in heavily industrial areas, is substantial.

The Missouri Department of Natural Resources' Brownfields/Voluntary Cleanup Program can help resolve these issues so redevelopment and reuse can proceed. Brownfield cleanups put property back into productive use, encourage redevelopment and increases economic development in distressed areas.

For more information on the Brownfields/Voluntary Cleanup Program, call the Missouri Department of Natural Resources at 800-361-4827 or 573-526-8913.

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$100,000 EPA GRANT TO HELP ST. LOUIS REDUCE CHILDHOOD LEAD POISONING
EPA awarded a grant of almost $100,000 to help St. Louis reduce childhood lead poisoning

EPA Administrator Stephen L. Johnson presented the $99,665 grant to Mayor Francis G. Slay during a ceremony at City Hall Aug. 29.

"This EPA funding will help the City provide education and outreach to the families, school employees and communities most at risk," said Administrator Johnson. "Working alone, our environmental successes are limited. By developing partnerships such as this one with local communities, we can provide the next generation with a healthy, safe environment in which to live, learn and play."

The grant will be used in a city/school partnership called Good Fences Make Good Neighbors. One of the goals of the project is to reduce lead hazards associated with school fences at five schools.

Other goals include increasing the number of children tested for lead poisoning in seven ZIP codes by 30 percent and training 250 citizens in lead-safe work practices. Testing more children helps the city ensure treatment for childhood lead poisoning. The testing also helps identify areas with lead hazards. School maintenance and custodial staff and volunteers will receive worker hazard communication information and training approved by EPA and the Department of Housing and Urban Development.

Other speakers at the presentation were EPA Regional Administrator Jim Gulliford, and Lead Safe St. Louis Program Director Jeanine S. Arrighi.

Administrator Johnson visited St. Louis to attend the White House Conference on Cooperative Conservation. The White House conference, held from Aug. 29-31 in St. Louis, brought together key stakeholders and decision-makers to advance cooperative conservation and facilitate the exchange of information and advice for successful partnerships.

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LOCAL FIRE DEPARTMENTS AND HAZARDOUS MATERIALS TEAMS CAN RECOVER HAZARDOUS SUBSTANCE CLEANUP COSTS

Local fire departments and hazardous materials teams often respond to events involving the release of a hazardous substance. Local hazardous substance emergency responding agencies can recover cleanup costs in accordance with sections 260.500 through 260.550, Revised Statutes of Missouri, sometimes referred to as the "Spill Bill."

Recommended Procedure For Billing
The following steps should be followed when trying to recover costs incurred while handling a hazardous substance release. Remember that the billing is to recover actual costs while trying to clean-up or mitigate the release of the hazardous substance. Its purpose is not to acquire new equipment that may be used by the agency for future responses or replace exhausted equipment.

Step 1
Ensure that the release has been reported to the department's 24-hour spill line at 573-634-2436. This will help document the release and can assist with consistency in response details.

Step 2
Keep good documentation of the activities at the site and who performed various duties. Include photos of any damaged equipment

Step 3
An itemized, detailed bill should be sent via certified mail, with a return receipt requested, to the person having control of the hazardous substance (owner, responsible party, etc.). If equipment was destroyed and compensation is being sought, explain how and why it was lost, including information as to how the replacement cost was determined. This bill should include copies of all bills for any assistance that was required from other departments as defined in the statute. It should be noted that the person having control of the hazardous substance can contest the billing if done in accordance with the law.

Step 4
If payment is not received within 30 days, resubmit the detailed billing via certified mail, with a return receipt requested, along with a copy of the Missouri State law (RSMo Sect. 260.546) copied above. It is important to outline the part of the law that states, "Full payment shall be made within 30 days of receipt of the cost statement." Also, it would be advisable to note to them that "John Doe" signed for the initial statement, which was sent earlier.

Step 5
If the second step is unsuccessful at recovering costs incurred, your agency will need to seek legal counsel (city attorney, county prosecutor, etc.) to assist with the cost recovery.

Step 6
Send one invoice for all agencies involved. This invoice should be sent by the lead agency responsible for the incident with jurisdictional authority.

Appeal of Emergency Expenses
If the person having control over the hazardous substance elects to contest the payment of such costs, he/she must file an appeal with the director of the Missouri Department of Natural Resources within 30 days of receipt of the cost statement. If a billing is contested, it is important that the agency trying to collect incurred costs has submitted an itemized, detailed bill. This itemized detailed bill and proper supporting documentation (narrative incident summary, final reports, invoices, receipts, etc.) will help the director in resolving the appeal in a timely manner.

Other Sources of Financial Assistance

Fire Association Billing
Missouri State law section 320.302 allows non-tax supported fire departments that respond to emergencies of nonmembers or non-subscribers to charge a fee. The amount may be up to $100 for responding to the emergency and $500 for each hour or a proportional sum for each quarter hour spent providing emergency services.

Local Government Reimbursement
The U.S. Environmental Protection Agency (EPA) has a program designed to reimburse local governments that have been affected by costs beyond those routinely incurred when dealing with a hazardous substance release. The Local Governments
Reimbursement Program (LGR) is found under federal regulations at 40 CFR Part 310, which defines a hazardous substance in section 101 (14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Only emergencies involving CERCLA compounds will be eligible for compensation using the LGR program. This does not include petroleum, crude oil or any fraction thereof.

The LGR program will reimburse local governments for expenses incurred in carrying out temporary emergency measures. These measures must be necessary to prevent or mitigate injury to human health or the environment associated with the release of any hazardous substance, pollutant or contaminant.

The financial relief is limited to $25,000 per single response. To obtain more information about the LGR program or to receive an application, call 800-431-9209.

Oil Pollution Act
The EPA has a program designed to reimburse cost associated with petroleum releases that enter or threaten to enter U.S. waters. The Oil Pollution Act improved the nation's ability to prevent and provide money and resources necessary to respond to oil spills. To obtain more information about the Oil Pollution Act fund, contact EPA Region 7 at (913) 551-7000.

Hazardous Substances Emergency Response Cost Recovery Information (PUB2095) is available as a fact sheet on the department's Web site at www.dnr.mo.gov/pubs/pub2095.pdf. It contains more information and examples of invoices, statements, etc. Download it and more free department publications at www.dnr.mo.gov/pubs/pubs.htm.

For more information contact Missouri Department of Natural Resources' Environmental Services Program at 800-361-4827 or 573-526-3315.

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PUBLIC PREPAREDNESS FAIR HIGHLIGHTS NATIONAL PREPAREDNESS MONTH
IN MISSOURI

The department showed an example of leaking hazardous drums at the preparedness event held at the Capitol in Jefferson City. The department's Environmental Emergency Response provides daily support and protection for the citizens of Missouri. On-scene coordinators are located throughout the state and available 24-hours a day, seven days a week to respond to hazardous substance spills.

On Sept. 21, over 30 exhibitors participated in a Public Preparedness Fair in Jefferson City. Gov. Matt Blunt, Rep. Jack Jackson, chairman of the Joint Committee on Terrorism, Bioterrorism and Homeland Security, and Director Mark James of the Department of Public Safety addressed citizens, schoolchildren and legislators at the event.

Blunt also signed a proclamation designating September as National Preparedness Month in Missouri. The Public Preparedness Fair was planned as part of September's activities honoring the memory of the lives lost on Sept. 11, 2001 and in conjunction with National Preparedness Month activities. However, today's activities hold special significance noting the devastation caused by Hurricane Katrina.

"The Hurricane Katrina disaster illustrates how important it is for families to develop a plan, have an emergency supply kit, and be prepared to listen for information about what to do and where to go during an emergency," Blunt said. "Local, state and federal agencies have plans to protect the public, but individuals also need to take steps to prepare for emergencies. Working together, we can all be prepared and save lives."

At the fair, citizens had the chance to view vehicles, equipment and displays from over 30 emergency service and response agencies. Some had the chance to walk through a simulated smoke-filled room, making their way to an exit in the case of fire with the Boone County Fire Department's Fire Safety House. Others examined the inside of a Tornado Safe Room provided by the Federal Emergency Management Agency. Citizens were also provided lunch by the Southern Baptists through their mobile kitchen, capable of feeding up to 2,000 people in a disaster.

Disaster response organizations that participated in the event include: Cole County WMD team, the Southern Baptists, the Salvation Army, the American Red Cross, numerous Community Emergency Response Teams (CERT), REACT, MIDRO, The United Methodists, the FEMA Tornado Safe Room, AmeriCorps, Neighborhood Watch, Medical Reserve Corps, Volunteers in Police Service, and the National Weather Service.

State agencies that participated include: the Department of Public Safety, the Department of Health and Senior Services, the Department of Natural Resources, the Department of Conservation, the Department of Transportation, the Missouri State Highway Patrol, The Missouri State Water Patrol, the Division of Fire Safety, the Missouri National Guard, Capitol Police, and the State Emergency Management Agency.

"This event emphasizes the importance of being prepared for emergencies in homes, businesses and schools," said Mark James, director of the Missouri Department of Public Safety. "We also want to encourage citizens to take an active community role in emergency preparedness and consider volunteering their time and services to volunteer and faith-based disaster response organizations."

For more information online, visit dps.mo.gov/home/NPMSite.htm, Ready.Missouri.gov, www.sema.dps.mo.gov, or www.dhss.mo.gov. For other information, please contact Terri Durdaller at 573-751-4819.

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EPA AWARDS NEARLY $58,000 IN EDUCATION GRANTS FOR TWO
MISSOURI PROJECTS

EPA Region 7 has awarded two environmental education grants, one in St. Louis and one in Kansas City, to develop new environmental education projects or improve existing ones.

Area Resources for Community and Human Services, St. Louis - $50,000
This project will involve classroom presentations, field trips and after-school workshops at six public schools with 1,985 students. These educational experiences will focus on environmental issues: air and water quality, recycling, conservation of natural resources and pollution prevention. Teachers will learn how to incorporate environmental excellence standards into their classroom curriculum. This environmental curriculum will be integrated into classroom lessons to improve students' knowledge and skills in math and science. Students will acquire the knowledge and skills to make informed decisions, to recognize and solve problems, and to gather, analyze and apply information and ideas.

Center Middle School, Kansas City - $7,915
Nine teachers will learn the methods and techniques of environmental science education. Teachers will incorporate these new skills and materials into classroom curriculum and field instruction. More than 600 students will go on field trips studying environmental issues such as trail construction, habitat restoration, water quality and identification of non-native species.

EPA reviewed 65 proposals from the four Region 7 states of Iowa, Kansas, Missouri and Nebraska.

This is the 13th year environmental education grants have been available. The Environmental Education Grant Program awards grants up to $250,000. Recipients can receive up to $50,000 from the regional office. EPA headquarters in Washington awards larger grants.

Environmental education increases public awareness and knowledge about environmental issues and provides the skills to make informed decisions and take responsible actions.

More information about the Environmental Education Grant Program is available at www.epa.gov/enviroed/grants.html.

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CALENDAR OF EVENTS

Visit Calendar of Events at www.dnr.mo.gov/calendar/search.do for a complete list of Department of Natural Resources' events through the end of the calendar year.

MISSOURI AIR CONSERVATION COMMISSION TO HOST PUBLIC MEETING ABOUT OZONE AND PARTICULATE MATTER STANDARDS SEPT. 29 IN KANSAS CITY
The Missouri Air Conservation Commission will hold a public meeting at 9 a.m., Sept. 29, at the Radisson Hotel and Suites, Salon A, 1301 Wyandotte, Kansas City.

As part of the meeting, the commission will hold a public hearing on a proposed amendment to 10 CSR 10-6.010 Ambient Air Quality Standards. This proposed amendment will adopt the new 8-Hour Ozone and Particulate Matter 2.5 Micron (PM2.5) National Ambient Air Quality Standards finalized on July 18, 1997, and mandated under the Clean Air Act into the ambient air quality standards table.

The commission will also hear testimony on amendments to 10 CSR 10-6.020 Definitions and Common Reference Tables, 10 CSR 10-6.030 Sampling Methods for Air Pollution Sources, and 10 CSR 10-6.040 Reference Methods. The proposed amendment will add definition for PM2.5 terminology related to particulate matter emissions. The amendment will also clarify total suspended particulate matter and correct technical titles to the hazardous air pollutants listed in the common reference tables. These new definitions and updates are necessary for performing emissions sampling and calculations necessary for the enforcement of air pollution control regulations throughout Missouri.

Finally, the proposed amendment to the Sampling Methods for the Air Pollution Sources Rule and the Reference Methods Rule will update adopted federal reference methods for the new PM2.5 Ambient Air Quality Standards finalized on July 18, 1997, and mandated under the Clean Air Act. These methods are for performing emissions sampling necessary to determine compliance status for these pollutants throughout Missouri.

The documents will be available for review at the following locations:

• Air Pollution Control Program, 1659A E. Elm St., Jefferson City, 573-751-4817;
• Kansas City Regional Office, 500 NE Colbern Road, Lee's Summit, 816-622-7000;
• Northeast Regional Office, 1709 Prospect Drive, Macon, 660-385-2129;
• Southeast Regional Office, 2155 N. Westwood Blvd., Poplar Bluff, 573-840-9750;
• St. Louis Regional Office, 7545 S. Lindbergh, Suite 210, St. Louis, 314-416-2960;
• Southwest Regional Office, 2040 W. Woodland, Springfield, 417-891-4300.

The department requests people intending to give verbal presentations also provide a written copy of their testimony to the commission secretary at the time of the public hearing. The department also will accept written comments for the record until 5 p.m. on Oct. 6. Please send two copies of written comments to Chief, Operations Section, Department of Natural Resources, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102-0176 or by faxing to 573-751-2706.

Rule proposals considered at this hearing may be adopted by the Missouri Air Conservation Commission as provided for under authority of 643.050, RSMo.

People requiring special services or accommodations to attend the meeting can make arrangements by calling 800-361-4827 or 573-751-4817. Hearing-impaired individuals may contact the program through Relay Missouri at 800-735-2966.

For more information or a complete meeting agenda, including rules being presented for adoption, contact the Missouri Department of Natural Resources at 800-361-4827 or 573-751-4817 or visit www.dnr.mo.gov/env/apcp/macc.htm.

SOLID WASTE RULE REVISION STAKEHOLDER GROUP TO MEET OCT. 12
The Solid Waste Rule Revision Stakeholder Group will hold a public meeting at 12:30 p.m., Oct. 12 at the Department of Natural Resources' Division of Geology and Land Survey office, 111 Fairgrounds Rd., in Rolla.

For more information, call the Tami Allison of Department of Natural Resources at 800-361-4827 or 573-368-2101.

MISSOURI HAZARDOUS WASTE MANAGEMENT COMMISSION TO MEET OCT. 17
The Missouri Hazardous Waste Management Commission will hold a public meeting at the Department of Natural Resources' Conference Center, 1738 E. Elm St., in Jefferson City.

For more information, call Robbin Stout of the Department of Natural Resources' Hazardous Waste Program at 800-361-4827 or 573-751-3176.

MISSOURI WATER QUALITY COORDINATING COMMITTEE TO MEET OCT. 18
The Missouri Water Quality Coordinating Committee will hold a public meeting at 10 a.m., Oct. 18 at the U.S. Geological Survey Columbia Environmental Research Center, 4200 New Haven Road.

For more information, call the Department of Natural Resources' Water Protection Program at 800-361-4827 or 573-751-1300.

MISSOURI SOIL AND WATER DISTRICTS COMMISSION TO MEET OCT. 25
The Missouri Soil and Water Districts Commission will hold a public meeting on Oct. 25 at the Department of Natural Resources' Conference Center, 1738 E. Elm St., in Jefferson City.

For more information, call the Department of Natural Resources' Soil and Water Conservation Program at 800-361-4827 or 573-751-1172.

MISSOURI AIR CONSERVATION COMMISSION TO MEET OCT. 26
The Missouri Air Conservation Commission will hold a public meeting at 9 a.m., Oct. 26 at the Department of Natural Resources' Conference Center, 1738 E. Elm St., in Jefferson City.

For more information, call the Department of Natural Resources' Air Pollution Control Program at 800-361-4827 or 573-751-4817.

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RULES UPDATE

The Regulatory Agenda contains all environmental rule actions in progress and rule actions effective within the last three months within the Department of Natural Resources.

For more information, contact the Department of Natural Resources' Air and Land Protection Division at 800-361-4827 or 573-751-6892. For the latest updates visit the Regulatory Agenda Web page at www.dnr.mo.gov/regs/index.html.

Air Pollution Control Program	Ambient Air Quality Standards
Rule Number: 010-06.010 - Updates ambient air quality requirements to the new and revised ozone and particulate matter standards.
Public comment ends: Oct. 6, 2005	Public hearing: Sept. 29, 2005
Missouri Register Citation: Filed, not yet published	Department contact: 573-751-4817

Air Pollution Control Program	Definitions and Common Reference Tables
Rule Number: 010-06.020 - Amends definitions to include a definition for particulate matter of the 2.5 micron size, clarify particulate matter definitions and corrects technical titles listed in the common reference tables.
Public comment ends: Oct. 6, 2005	Public hearing: Sept. 29,. 2005
Missouri Register Citation: Filed, not yet published	Department contact: 573-751-4817

Air Pollution Control Program	Sampling Methods for Air Pollution Sources
Rule Number: 010-06.030 - Updates sampling methods for the new and revised national ambient air quality standards.
Public comment ends: Oct. 6, 2005	Public hearing: Sept. 29, 2005
Missouri Register Citation: Filed, not yet published	Department contact: 573-751-4817

Air Pollution Control Program	Reference Methods
Rule Number: 010-06.040 - Updates test methods for the new and revised national ambient air quality standards.
Public comment ends: Oct. 6, 2005	Public hearing: Sept. 29, 2005
Missouri Register Citation: Filed, not yet published	Department contact: 573-751-4817

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