Protecting Missouri's Natural Resources newsletter December 2006 Issue

DEPARTMENT OF NATURAL RESOURCES SEEKS COMMENTS ON THE DRAFT 2004/2006 303(d) LIST UNTIL JAN. 17, 2007
The Missouri Department of Natural Resources published the draft 2004/2006 303(d) List. Section 303(d) of the federal Clean Water Act requires that each state identify waters that are not meeting water quality standards. Water quality standards protect such beneficial uses of water as whole body contact (such as swimming), maintaining fish and other aquatic life, and providing drinking water for people, livestock and wildlife.

The 303(d) list provides a snap shot in time and helps state and federal agencies keep track of waters that do not support all of its designated uses. The draft 2004/2006 303(d) List includes 82 water bodies. Of those, 40 water bodies are new to the 303(d) List, and 42 were on the 2002 List.

The list is open to the public for review and comment until Jan. 17, 2007. The current list available for public comment is a combined 2004/2006 list.

“Public input and participation is crucial to the 303(d) Listing process.” said Ed Galbraith, Director of the department’s Water Protection Program. “It is important for the department to consider water quality data and information from all sources when deciding whether or not to list a water body.”

The public may view copies of the proposed 2004/2006 303(d) List and a list of changes from the 2002 303(d) List on the department’s Web site at www.dnr.mo.gov/env/wpp/proposed-2006-303d-pn.htm. Maps of the waters, supporting water quality data, the Listing Methodology document, which contains the procedures used to develop these lists, frequently asked questions and other information are available on the department’s Web site. If unable to access the information through the Web, individuals may request copies of the lists from the department’s Water Protection Program by calling 800-361-4827 or 573-751-1300.

The department will accept written comments on the proposed list until 5 p.m., Jan. 17, 2007. The public can submit comments in writing to the Missouri Department of Natural Resources, Attention John Ford, Water Protection Program, P.O. Box 176, Jefferson City, MO 65102, by e-mail to john.ford@dnr.mo.gov or by fax to 573-522-9920.

During October and November, the department held five public meetings to answer questions and accept comments on the proposed 2004/2006 List:

The Missouri Clean Water Commission will hold a public hearing on the proposed list at 9 a.m. on Jan. 10, 2007 in the Lewis and Clark State Office Building, La Charrette Conference Room, 1101 Riverside Dr., Jefferson City, MO. The commission could
approve the draft 2004/2006 303(d) List as early as March 7, 2007.

People requiring special services or accommodations to attend the meetings or hearing can make arrangements by calling 800-361-4827 or 573-751-1300. Hearing-impaired individuals may contact the program through Relay Missouri at 800-735-2966.

DEPARTMENT SEEKS PUBLIC COMMENT ON ANTIDEGRADATION
IMPLEMENTATION PROCEDURE
The Missouri Department of Natural Resources is seeking public input on a proposed procedure to implement a water quality standard called “antidegradation.”

Antidegradation, in addition to water classification for beneficial uses and Water Quality Criteria, make up the three required regulatory elements of the state’s Water Quality Standards. All three of these review elements must work together as a whole to protect water quality in Missouri.

The department developed the proposed procedure in conjunction with stakeholders representing municipalities, industry, environmental groups, engineering consultants and other state agencies. The advisory group held 11 meetings from February through September 2006.

The antidegradation procedure will require people applying for wastewater discharge permits to justify discharging to Missouri waters and evaluate feasible and cost-effective control measures for preventing or limiting the amount of pollutants in the discharge.
The department will consider this additional information to ensure a greater level of protection of water quality. The procedure will ensure that high quality waters are maintained and their quality is affected only to accommodate economic or social development. Any permit that may degrade water quality would be available for public review before the department would make a decision.

“Public input and participation is crucial to the process.” said Ed Galbraith, Director of the department’s Water Protection Program.

The deadline for public comment on this draft procedure is Jan. 16, 2007. Comments can be mailed to the Missouri Department of Natural Resources, Attn: Phil Schroeder, Water Pollution Control Branch, P.O. Box 176, Jefferson City, MO 65102-0176; faxed to 573-522-9920; or e-mailed to phil.schroeder@dnr.mo.gov.

A copy of the draft procedure is available on the department’s Web site at www.dnr.mo.gov/env/wpp/cwforum/adv-antidegradation.htm. A copy can also be requested in writing or by calling the department’s Water Protection Program at 800-361-4827 or 573-751-1300.

The department plans to present final procedure to the Clean Water Commission at its March 7, 2007 public meeting and submit it EPA for approval by April 2007.

THE TAUM SAUK RESERVOIR FAILURE: ONE YEAR LATER

The cover of the department's magazine, Missouri Resources
Spring/Summer 2006, featured the dramatic photo of the
scour line and the article Unnatural Disaster. The issue is
available on the Web at
www.dnr.mo.gov/magazine/2006-summer.pdf. PDFOne year ago, on Dec. 14, 2005, the breach of the 55-acre upper reservoir at the Taum Sauk Hydroelectric Plant released more than a billion gallons of water that blasted through a ruptured reservoir wall and scoured a path to bedrock through mountainside earth and forest and swept away nearly all of the nearby Johnson’s Shut-Ins State Park.

The reservoir facility was built atop Proffit Mountain in eastern Reynolds County. Approximately five miles east is Taum Sauk Mountain, in western Iron County, Missouri’s highest point.

Union Electric Co., the forerunner of AmerenUE, built its Taum Sauk Hydroelectric Plant on Proffit Mountain in 1963 to provide electricity during times of peak demand. The 55-acre hilltop reservoir, built of a concrete-lined wall of crushed rock, could hold 1.5 billion gallons of water to a maximum depth of 90 feet.

The system generated electricity as water dropped 800 feet down a 7,000-foot tunnel through turbines and then into a 380-acre lower reservoir on the East Fork of the Black River. At night, when electricity demand is low, AmerenUE pumped the water back up the mountain again.

It was during the routine pump-back stage that something went wrong. AmerenUE officials suspect that the automatic pumping system didn’t shut off when it filled the upper reservoir.

Apparently, the resulting spillover gradually eroded and then suddenly collapsed a V-shaped, 600-foot section of the wall. An event that was over in barely 30 minutes had set into motion a project that would require years, if not decades, to complete.

The department’s Division of Environmental Quality worked with the Division of State Parks to determine the environmental impacts at the park and the waterways that were affected by the breach.

Regular public meetings have confirmed that water quality in the Black River is a priority to area residents. The use of nonpolluting chemicals to cause suspended particles to sink and reduce turbidity was implemented in the lower reservoir.

Jan. 26, 2006. Flocculation chemicals are put into the lower
reservoir to reduce cloudiness.

The department has conducted ongoing water quality monitoring since the breach. United States Geological Survey (USGS) continuous monitoring stations were also set up shortly following the breach at Highway N, upstream of Johnson’s Shut-ins State Park, at Highway 21 in Lesterville and at Highway K on the Black River.

In addition, daily monitoring by AmerenUE at various sites and periodic monitoring by Missouri Department of Natural Resources and Missouri Conservation Department personnel has occurred since the break. Monitoring for turbidity (murkiness) of water has been one of the most collected and the most important water quality samples collected. In addition to turbidity, dissolved oxygen, specific conductivity, pH and temperature have been collected at numerous sites on a daily basis.

Trends in turbidity, which were over 1,000 turbidity units shortly after the breach, have steadily declined to near background levels (1 turbidity unit) in the Black River and to between 5 to 10 turbidity units in the East Fork Black River.

Part of the department’s mission is to protect the aquatic habitat of the state. Monitoring the animal and plant species of the area will continue indefinitely. While aquatic life does appear to be making a recovery in much of the impacted portions of the East Fork and Black River, time will tell if the turbid conditions and sediment deposits will have a long-term effect on the aquatic community. Effects on recruitment and spawning activities may be affected for several years.

Aug. 9, 2006: Lower Taum Sauk Reservoir from Route U Overlook
near dam following the lowering of the water.

The Lower Taum Sauk Reservoir has been drawn down to expose deposited sediments and allow the sediments to dry. Removal of these sediments has been occurring since August and should be completed by the end of the year. Water from the East Fork Arm has been pumped around the lower dam to insure that continuous flow is maintained in the river below the dam.

The billion gallons of water that were released by the reservoir failure flooded Johnson’s Shut-Ins State Park, which is located west of Proffit Mountain. The flooding caused extensive damage to the area of the park along the East Fork of the Black River, where most of the park’s facilities are located.

When the water from the reservoir reached the main area of Johnson’s Shut-Ins State Park, it swept away everything in its path and left behind piles of trees 15 feet high and silt up to six feet deep. Many of the facilities, including the campground, were destroyed.
The East Fork of the Black River through the park was heavily impacted. Cleanup began immediately and by the end of May, 15,000 truckloads of tree debris, mulch, silt, rebar/concrete and rock had been removed from the park. Roads had been repaired and areas had been reseeded.

The cleanup allowed the department to temporarily reopen the park on May 27 for the summer. The purpose of the summer experience was to let visitors see what happened at the park, interpreting its impact and explaining the recovery efforts. While visitors were touring the park to see the impact of the breach, park staff were working with various experts to develop plans to rebuilt and redevelop the park. A Stream Restoration Plan for the East Fork of the Black River through the park was developed by staff from MACTEC, a consulting firm hired by AmerenUE. Input on the plan was provided by the Department of Natural Resources along with
stream experts from the Missouri Department of Conservation and the Natural Resource Conservation Service.

The plan was to partially correct environmental problems that occurred as a result of the breach, including the alteration of the previous stream channel and the removal of vegetation from the floodplain. The plan will help stabilize the stream banks, prevent erosion, reduce in-stream sediment and protect natural features in the park. The plan was submitted by AmerenUE on September 8. The department approved it on September 13 and requested that work begin immediately. As of Nov. 20, 2006, work had not begun.

Department biologists continue to document the
macroinvertebrate community in the Black River.

A proposed plan was developed following public input on a Long-Term Conceptual Redevelopment Plan for rebuilding the park.
Park staff again worked with planning consultants from MACTEC. The proposed plan was presented to the public in August and to the Missouri State Park Advisory Board. The Long-Term Redevelopment Plan for the park was approved by the department on Nov. 17 and was forwarded to AmerenUE. Engineering and architectural design work has begun.

The department anticipates that Johnson’s Shut-Ins State Park will be fully operational in 2008. The timeframe for redevelopment depends on several factors, including the details of the final plan, weather and how quickly AmerenUE’s contractor can make
it happen. The park closed again on October 2, so redevelopment could begin. More than 70,000 people toured the park during the summer.

On Nov. 13, 2006, Missouri Department of Natural Resources Director Doyle Childers met with Reynolds County representatives to discuss moving forward on the Taum Sauk reservoir cleanup.

County commissioners and the Ozark Foothills Regional Planning Commission executive director met with Childers, who encouraged them to look for ways to leverage the $5 million from the Federal Energy Regulatory Commission fine with other regional dollars.

As the natural resource damages trustee for the State of Missouri, Childers is responsible for ensuring Missouri citizens receive full compensation for natural resource damages suffered from the breach last December.

“The $5 million is a good start toward helping compensate local businesses and schools for their loss,” Childers said. “The dollars can be invested by the region in a way that continues to benefit local residents for years to come.

Also on the agenda was discussion of how to move AmerenUE forward on river restoration work related to the breach. The Department of Natural Resources approved AmerenUE’s plan for the restoration Sept. 13, requesting that work begin immediately.

However, AmerenUE has yet to begin restoring the East Fork of the Black River. Local residents and business owners have expressed concerns about impacts from the breach to the economy since the event happened. Childers expressed frustration that the department can’t help Reynolds County officials move their economy forward until AmerenUE steps up to the plate and completes the river restoration work.

“We can’t complete our work at Johnson’s Shut-Ins State Park until the river restoration work is done,” Childers said. “Unfortunately, AmerenUE is dragging its feet on starting the river restoration work. This is holding up the entire project.”

In October, AmerenUE agreed to pay $15 million in fines to the Federal Energy Regulatory Commission. The agreement requires two-thirds of the settlement, $10 million, to be sent directly to the federal government. The remaining $5 million will be placed into an account to be managed by the federal government for economic, environmental and educational opportunities near the facility. If the money is not spent on the projects by the end of 2007, or the completion of the upper Taum Sauk reservoir, it also goes to the federal government.

Gov. Blunt expressed concern about the agreement, saying the federal penalty did not begin to address the damages and environmental harm caused by the breach and significantly more would be needed to fully compensate the State of Missouri and its citizens.

Representatives from Reynolds County have contacted the Department of Natural Resources seeking portions of the $5 million. While the State of Missouri has no control over how AmerenUE and FERC manage the $5 million, the Department of Natural Resources strongly encourages local interests to contact AmerenUE directly regarding proposals that meet FERC’s qualifications.
“The State of Missouri claims against AmerenUE for the catastrophe are apart and separate from the claims settled between the federal government and AmerenUE,” Childers said. “Any potential resolution of the state’s claims against AmerenUE will be under a separate agreement.”

Last spring, Gov. Blunt directed the departments of Natural Resources, Conservation and the Missouri Attorney General’s Office to “creatively consider all options,” including the Rock Island Railroad and Church Mountain, to compensate citizens with recreational and wildlife opportunities.

Another result of the breach was the exposure of the geology of Proffit Mountin. To say that the geologists at the department’s Division of Geology and Land Survey had a field day at the site would truly be an understatement. The release of over a billion gallons of water in approximately 12 minutes exposed an incredible amount of rock, evidence of a beach, volcanic activity and to top it off, 900 million years of rock are missing!

Cheryl Seeger, a department geologist who has spent a considerable time at the site to better understand the character of the bedrock, said, “It is absolutely astounding to see all of these relationships exposed. The most intriguing aspect is that we rarely see an outcrop tell such a fascinating story.”

Geological features of Proffit Mountain were exposed when the flood created the scour line.
Geolgical information and photo provided by the department's Division of Geology and Land Survey.

The bedrock on top of Proffit Mountain is purple rhyolite and pale pink granite, indicative of early volcanic activity in the mid-continent region. Continuing down the scar and cutting crossways is evidence of a weathered dike. This cut between the rhyolite and granite is very unusual as it separates the fine-grained volcanic rhyolite and the harder, more durable coarse granite.
Further down is a conglomerate “beach” deposit made of sand-sized granite and rhyolite grains that grade up to the size of boulders. Grayish-white Cambrian-era dolomite follows. The Cambrian Period marks an important point in the history of life on earth; it is the time when most of the major groups of animals first appear in the fossil record. Next is tan residuum and last is the newest material made of sand- to boulder-sized deposits from the flood.

Seeger said, “We rarely see all of these rocks and features in one location and on such a large scale. Add to that, more than 900 million years of the geologic record are missing between the exposed granite at the top of the scar and dolomite bedrock at the bottom.” This timeframe encompasses almost one-fourth of the history of the earth. Seeger concluded, “A field day, indeed.”

The Missouri Department of Natural Resources recently sent a settlement proposal to AmerenUE that identifies what needs to be resolved to settle the department’s civil claims for the Dec. 14, 2006, Taum Sauk Reservoir breach. Settlement discussions are confidential during negotiation. However, there are items the department has publicly stated must be part of any resolution. These include civil penalties for water quality violations resulting from the event; appropriate compensation for Missouri citizens for damages to the park; recreational use losses; park safety; and adequate measures for water quality protection and restoration going forward.

Last spring, Gov. Blunt directed the Department of Natural Resources, the Missouri Department of Conservation and the Missouri Attorney General to creatively consider all options to compensate citizens through park and recreational opportunities, such as use of the Rock Island Railroad corridor and Church Mountain. Both the former Rock Island Railroad line, which could connect the Katy Trail to the Kansas City area, and Church Mountain, located adjacent to Johnson’s Shut-Ins State Park, are properties owned by Ameren.

The Department of Natural Resources determined both the Rock Island Railroad and Church Mountain are appropriate as one element of compensation for Missouri citizens.

From the beginning, the Department of Natural Resources has demanded that AmerenUE agree that none of the costs associated with the Dec. 14 reservoir breach be passed on to ratepayers. The settlement only provides for resolution of potential civil claims brought by the Department of Natural Resources. The department has no authority to bring criminal charges.

For more Taum Sauk information on the Web

HAZARDOUS WASTE GENERATOR FEES DUE JANUARY 1
Small or large quantity hazardous waste generators in Missouri are required by law to pay certain hazardous waste fees before Jan. 1, 2007. That means payments should be mailed early to ensure it arrives on time. With the rush of holidays and wintertime sick days, it is all too easy to miss the hazardous waste fees due date.

It is important to send in your payment as early possible. Failure to pay the assessed fees on time will result in a 15 percent penalty.

If you owe a land disposal fee, an interest rate of 10 percent per annum will also be charged. If you have not received your hazardous waste billing, it may be that you have not filed your hazardous waste summary reports or the department has not received your annual or quarterly hazardous waste summary reports.

Please contact the Hazardous Waste Program’s Fee and Tax Unit at 800-361-4827 or 573-751-3176 for more information.

INTERAGENCY TASK FORCE SHUTS DOWN COUNTERFEIT VEHICLE EMISSIONS CERTIFICATE RING
Two St. Louis men were sentenced to prison and fined for printing nearly 4,000 fake vehicle emissions certificates.

Earnest Carter, St. Louis, pled guilty, along with co-defendant Donald Allen, who owns DA Towing Service in St. Louis. Earnest Carter was sentenced to one year and one day in prison, along with a $10,000 fine, for producing counterfeit emissions certificates. Donald Allen was sentenced to four years probation and fined $5,000 for distributing Carter’s certificates.

Since January 2004, Carter produced the certificates at his residence and sold them to Allen for between $25 and $35 per certificate. Allen resold them to individuals whose automobiles had failed an emission test for approximately $100 per certificate.
Both defendants appeared before United States District Judge Carol E. Jackson.

“Mr. Carter produced nearly 4,000 of these counterfeit certificates that were used throughout the St. Louis area to register automobiles that would otherwise be ineligible for registration,” said United States Attorney Catherine L. Hanaway. “The
emissions testing program was implemented to improve the quality of the air in St. Louis.”

Hanaway commended the work performed on the case by the Missouri Department of Natural Resources, the U.S. Environment Protection Agency (EPA) -Criminal Investigation and Assistant United States Attorney Thomas Albus, who handled the case for the U.S. Attorney’s Office.

Three other alleged distributors have been offered probation for their crimes if they plead guilty.

Another suspect, Marvin Darden, is still being sought. If you have any information about Mr. Darden’s location, please contact the department.

Ground-level ozone, or smog, is a strong lung irritant that is harmful to human health and regulated by the federal Clean Air Act. States that have ozone levels above the national health-based standards are required to implement vehicle emissions inspection programs.

The vehicle emissions inspection program known as the Gateway Clean Air Program was implemented in April 2000 as part of the state’s overall strategy to reduce ground-level ozone in the St. Louis area.

The program inspects vehicles once every two years using state-of-the-art test methods at test-only stations that are distributed around the nonattainment area.

A private contractor owns and operates all of the inspection stations on behalf of the Department of Natural Resources.
The Gateway Clean Air Program has prevented emissions inspection fraud from occurring because the stations do not have any financial incentive to falsely pass or falsely fail a vehicle since they can only perform the test, but not repair the vehicle. Motorists receive independent verification from the inspection station about whether the repairs they paid for were effective in reducing a vehicle’s failing emissions.

However, some motorists have tried to bypass the emissions inspection requirement, by submitting fraudulent emissions inspection certificates to unsuspecting Department of Revenue contract offices. The fraudulent certificates were forgeries that indicated that a failing vehicle had passing results. If the contract office accepted the fraudulent certificate, the motorist would have illegally obtained license plate stickers for their failing vehicle.

When the Department of Revenue’s Contract Office Agent Terri House, who manages the Ferguson Contract Office in St. Louis County, began confiscating hundreds of counterfeit emissions certificates at her license office, she contacted the department to ask if there was anything that could be done to prevent these certificates from being generated or used at other contract offices.
In December 2005, the department met with Terri House, the Department of Revenue, the Ferguson Police Department and the U.S. Environmental Protection Agency. At that meeting, the department and EPA agreed to conduct a joint investigation into the production and distribution of these fraudulent emissions certificates. Both EPA and the department are active partners in the Eastern Missouri Environmental Crimes Task Force.

Terry Ball, Environmental Investigation Manager for the department, and Vic Muschler, Special Agent with the U.S. EPA’s Office of Criminal Enforcement conducted the investigation.

The falsification of these certificates constitutes a federal crime because the emissions program that the certificates were meant to deceive has been ordered pursuant to the federal Clean Air Act.

The department will be contacting the owners of all vehicles that may have obtained license plate stickers illegally through this counterfeit ring or via any other method. Recipients of the department’s letters will be required to show proof that their vehicle has a passing emissions inspection within 60 days of notification or risk having their vehicle’s registration voided.

This counterfeit emissions certificate ring was shut down as a result of the sustained efforts of the Eastern Missouri Environmental Crimes Task Force. However, the success of this investigation was only possible due to the contributions from many different sources, including the state’s vehicle emissions inspection contractor, ESP Missouri, the Missouri State Highway Patrol, the Department of Revenue’s Division of Motor Vehicles and Drivers Licensing, and several St. Louis area vehicle license offices.
The department would like to thank all those who cooperated with this investigation and would like to extend extra recognition to Terri House for the initiative she took in bringing this problem to the attention of the department. Because she took the initiative, the number of fraudulent vehicle registrations and the number of polluting vehicles still on the road are being reduced.

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

DEPARTMENT PROVIDES ADVICE FOR DEALING WITH CHRISTMAS TREES
With the holiday season in full swing, many people in Missouri look forward to time spent with family, friends and good food. Part of the festivities may include a live Christmas tree, beautifully trimmed and with presents stuffed underneath. But what happens when the holidays are over? The tree has to go somewhere, and they are banned from going to landfills in Missouri. However, the Missouri Department of Natural Resources has a few suggestions on what you can do with your Christmas tree.

One of the most popular options for managing old trees is to chip them for mulch or as an additive to a compost pile. Mulch reduces weeds, helps to regulate soil temperature, and Increases moisture retention. Many cities and towns offer tree-chipping services after the holidays, find out by checking with your local Public Works or Sanitation Department.

A unique way to deal with your tree would be to turn it into a fish habitat in your private lake or fishing pond. Once submerged, a Christmas tree provides a habitat for water insects, which attract smaller fish, which in turn attract larger fish. To make your tree into a fish habitat, secure a cement block to the stump end of the tree with quarter-inch nylon rope. Ideally, the top of the tree will be four to six feet below the surface.

If you do not have access to your own lake or pond, you may wish to contact both private and public owners of lakes and ponds to see if they would be interested in creating a fish habitat. However, it should be noted that some such projects might require a permit from the Army Corps of Engineers, so check with the owner.

Another option would be to create a brush pile. Brush piles can be a home for small forest animals. In rural areas, the ideal place for a brush pile would be near the border of an open field. In suburban areas, the undeveloped portions of backyards also make good locations for a brush pile. However, your town may have local ordinances regarding such projects, so check before beginning.

To construct a brush pile, begin with a large base such as big rocks, logs or stumps. Stack the trees in a rectangular shape to height of about six feet. Obviously, this will require more than one tree, so try to work with friends and community members on building your brush pile. Some general things to remember about reusing your tree:

Remove all of the trimmings - most are reusable and could contaminate the environment or harm wildlife.
Do not burn you tree indoors if it is still green -
the resins could cause a flue fire.
Flocking/artificial snow may be toxic and require special handling.

Through proper management, a reused Christmas tree may be a gift that keeps giving to the
environment for years to come.

For more information on treecycling contact the Missouri Department of Natural Resources’ Solid Waste Management Program at 800-361-4827 or 573-751-5401 or visit the department’s Web site at www.dnr.mo.gov/env/swmp.

DEPARTMENT RELEASES UPDATED MISSOURI ENVIRONMENTAL GEOLOGY ATLAS ON CD
Interactive computer maps on your desktop

It is often said that information is power, and the second edition of the Missouri Environmental Geology Atlas CD-ROM, or MEGA 2007, puts a significant amount of power at users’ fingertips.

The MEGA 2007 CD-ROM is a collection of interactive computer maps that allows users access to more than 30 statewide geographic information system (GIS) data layers, all from their computer desktops. Significant improvements and additions have been made since MEGA’s debut in 2003. New data layers have been added and many of the existing data layers updated.

Because the state has been collecting geologic data since the mid-1800s, vast amounts of data are available. This information enables users to apply earth science data to real-world issues. Many of the data layers allow for better decisions related to the use and protection of our state’s water. Landowners, developers, engineers, geologists, planners, consultants, first responders, researchers, teachers and students will find this tool particularly helpful.

Rick Elgin, a licensed geologist with Midwest Environmental Consultants in Jefferson City, often uses MEGA to identify geologic features. When fuel leaked from an underground tank and contaminated area groundwater wells, Elgin used data from MEGA to identify the area’s geologic features and evaluate how the local aquifers are being used. This information helped focus exploration and cleanup efforts in a more cost-effective manner.

“The data in MEGA is one of several tools we use when contacted by clients seeking potential contamination to a site,” Elgin said. “We welcome the additional layers offered in MEGA 2007.”

Among the additions is a water table map showing uppermost groundwater elevations, giving users an idea of what direction the groundwater is moving. Other new data layers include drill areas depicting requirements for well construction area boundaries and a mine and mineral occurrence layer. A significant addition to the existing well log layer is a simplified well log that lists various materials encountered during drilling. Missouri House and Senate district boundaries are also part of the collection. Additional data layers include: bedrock geology, well and spring locations, dyetrace data, public land survey system information, geologic structures, sinkhole locations, alluvial floodplains, abandoned wells, certified wells, dye traces, surficial materials, stream hydrology and the U.S. Public Land Survey System. This CD-ROM also provides public domain information such as streams, lakes, major roads, urban areas and county boundaries.

“I think users of the first version of MEGA (2003) will be very impressed with the new data layers and improvements included with this new edition (MEGA 2007),” said Mimi Garstang, state geologist and director of the Department of Natural Resources’ Division of Geology and Land Survey. “I am excited about getting more information in the hands of decision-makers across the state. It will help us all do our jobs better.”

Herb Turner, a middle school science teacher in Waynesville, appreciates that the program is designed for use by the general public. Students currently are using MEGA to create maps for the city council

that will combine recreational use areas with environmental information. “This tool allows us to share so much information with the community,” Turner said. “MEGA is especially helpful because the data is compiled in a common format and in one place. We don’t have to do hard searches on the Internet for the data or import.”

MEGA 2007 can be purchased for $45 through the Missouri Department of Natural Resources’ Division of Geology and Land Survey. To order a copy, contact the division’s publications desk at 573-368-2125 or 800-361-4827, or order online at www.dnr.mo.gov/geology/adm/publications/MapsOrder.htm.

DEPARTMENT ENCOURAGES RESPONSIBLE DEMOLITION
As Missouri communities continue to grow, older buildings are being renovated or demolished.

Properly managing the waste during the demolition will prevent threats to human health and the environment, according to the Missouri Department of Natural Resources.

The department regulates demolition and renovation projects for institutional, commercial, public and industrial structures. The department also regulates residential structure projects such as apartment buildings with more than four units or two or more residential structures within 500 feet of each other. Single residential structures containing four units or less are exempted from the demolition notification and inspection requirements.

All construction and demolition waste must be properly disposed of at a permitted transfer station or landfill regardless of whether it was generated from a regulated project or a non-regulated single residential structure. To ensure proper disposal of demolition waste, entities should include provisions in their request for proposals and contracts requiring waste disposal at a transfer station or landfill permitted to accept such waste. Additionally, the submittal of disposal receipts by the contractor should be required as a means to document the proper disposal of waste generated as part of a contract.

“If a demolition or renovation project is entered with an eye toward the environment and human health, the impact to both can be lessened or even removed. This will allow communities to continue to grow in harmony with the citizens and environment,”
said Department of Natural Resources Director Doyle Childers.

Demolition or renovation operations can create several different kinds of waste including clean fill, recovered materials, regulated wastes, hazardous waste and asbestos containing materials. For more information on these wastes and their proper uses or disposal, call the department at 800-361-4827 or 573-751-5401 or visit the department’s Web site at www.dnr.mo.gov/env/cdwaste.htm.

There may be local ordinances that are stricter than the state’s rules and regulations. Any business or entity beginning a renovation or demolition project should be aware of all of the ordinances and regulations affecting them before the project starts.
It is important to note that no waste from any renovation or demolition project can be open burned in Missouri. The burning of waste can lead to toxic emissions and become harmful to human health.

Additionally, before a regulated project begins, a licensed inspector must inspect the structure for asbestos containing material. If the inspector finds regulated quantities of asbestos containing material or assumes it to be in the structure, an asbestos
abatement contractor must complete the project.

Abatement contractors are trained in the proper procedures for safely removing and disposing of asbestos containing material. The Department of Natural Resources has a listing of Missouri-certified asbestos professionals and training providers on the department’s Web site at www.dnr.mo.gov/env/apcp/Asbestos.htm.

The department requires notification for all regulated demolition and asbestos abatement projects. The information must be submitted to the department’s Air Pollution Control Program 10 working days before the project begins. The department will review the project to ensure that it is being performed in compliance with all of the applicable requirements. Businesses or entities performing these types of projects should not proceed with the project without prior approval.

Asbestos is a naturally occurring mineral fiber. It can be positively identified only with a special type of microscope. Because the fibers are so small, they can float into the air, where they can be inhaled and accumulate in the lungs and can lead to diseases like asbestosis, mesothelioma and lung cancer.

For information on managing construction and demolition waste, asbestos or open burning contact the department at P.O. Box 176, Jefferson City, MO, 65102-0176 or by phone at 800-361-4827 or 573-751-6892 or visit the department’s Web site at www.dnr.mo.gov/env/cdwaste.htm.

The Department of Natural Resources, working with the Bennett Spring Area Water Protection Committee and the Southwest Council of Governments, will be surveying residents living near Bennett Spring to gauge their opinions on sewage treatment issues.
Approximately 300 of the spring’s closest neighbors are expected to receive the survey some time before Thanksgiving. The results of the Bennett Spring Area Water Protection Survey will be used to help the local citizen’s group address wastewater treatment and other issues that could affect water quality in and around the spring.

Most of the wastewater from area residents and development is treated through private sewage lagoons or septic systems. Unpermitted lagoons and failing septic systems have raised concerns about future water quality around the spring and within the Niangua River watershed.

The survey, funded by a U.S. Environmental Protection Agency grant to the Southwest Council of Governments, should help planners determine the support for a central wastewater treatment facility. The grant will also help pay for wastewater treatment planning and water quality education.

Bennett Spring, located in Dallas and Laclede Counties west of Lebanon, is the state’s third largest spring, with a daily average flow of 100 million gallons. The stream feeds the Niangua River, helping make it one of the state’s most popular rivers for recreation.

NEW WATER WELL CONSTRUCTION FACTS
The first thing to keep in mind when drilling a new well is its location. The “best” location to drill a well needs to be determined on a site by site basis. The well should be located on a site that has good surface drainage and, if possible, at a higher elevation than
all possible sources of contamination. Another important factor when locating a well is the lateral distance between the well and potential contaminant sources.

Septic tanks, lagoons, lateral fields and unplugged abandoned wells are common threats, which need to be located and identified. In some situations, a well can not be located a safe distance from a contamination source due to lot size or other restrictions. When this happens the land owner or Well Installation Contractor needs to contact the Missouri Department of Natural Resources, Division of Environmental Quality’s Wellhead Protection Section for a variance. Usually, the variance will increase the minimum construction standards, for added protection of the drinking water supply, allowing new well construction closer to the potential contamination source.

The next thing to consider is who will drill the new well. The department’s Wellhead Protection Section issues permits to qualified contractors to operate within the state. It is a violation of State Law for a drilling or pump contractor to work in the State of Missouri without a permit. The Wellhead Protection Section can not recommend one permitted contractor over another. However, we can let you know if a specific contractor is currently permitted to operate in Missouri, and whether that contractor is currently in litigation with the state.

Well construction requirements for domestic and multiple family wells are detailed in regulation. In some situations, the contractor may have you contact the Wellhead Protection Section for a “Casing Depth Request”. By providing information on a proposed well location (generally from your property deed), a staff geologist generates a letter that indicates how much casing is required to drill a well at that location, how deep to drill, anticipated yield and producing formation name. A Casing Depth Request is not required prior to drilling domestic and multiple family wells, but is required for public supply wells and wells that produce more than 70 gallons per minute from bedrock formations. They are particularly beneficial when drilling around the major lakes, as many contractors do not have the detailed maps necessary to determine the required amount of casing.

Within 60 days after a well has been drilled the permitted contractor is required to submit a Water Well Certification and Pump Information Record. A $35 certification fee is also required to be submitted along with the form. The fee is generally collected by the contractor from the landowner, and forwarded to the state along with the record. The form is then reviewed by Wellhead Protection Section staff to ensure the minimum construction standards have been met. If the well has been constructed to the appropriate standards, a certification number is assigned to the well and sent to the well owner within two to three weeks of certification.
Although not required, it is recommended that within a month after the well has been constructed, a bacteria test be performed by the county Health Department. If the test shows positive for coliform bacteria, the land owner should contact the Well Installation Contractor for assistance in chlorinating and retesting the well. If followup testing continues to indicate the presence of coliform bacteria, contact the Wellhead Protection Section for further assistance. We will have you complete an investigation request form to begin an investigation to determine the source of the bacteria. We work in conjunction with the driller to help remedy the situation and provide the best possible water available for that area.

It is important to note that the purpose of the Water Well Drillers Act, Section 256.600 to 256.640 RSMO, and the regulations written to enforce this statute, is to establish standards that protect Missouri’s groundwater.

The quality of groundwater in Missouri varies considerably across the state. Some areas have an abundance of high quality groundwater, while other areas produce highly mineralized or muddy water. In some areas of Missouri, pre-existing land use or other practices, such as waste disposal, have contaminated the aquifer.

Because of the variability of groundwater quality in Missouri, these regulations can not guarantee that the water produced from a properly constructed well will be of useable quality. The well construction regulations are designed to ensure that contamination from the surface is not entering the subsurface from an improperly constructed well. These regulations establish minimum specifications for well construction. In certain cases, more casing and grout may be necessary. Experienced permitted drillers and pump installers should be able to determine when more stringent construction is necessary.

For more detailed construction specifications, visit the department’s publications Web page to download a copy of the Missouri Well Construction Rules (PUB2175) available at www.dnr.mo.gov/pubs/pub2175.pdf PDF.

For more information contact the department’s Wellhead Protection Section at 573-368-2165 or see the Web pages at www.dnr.mo.gov/env/wpp/wellhd. Water Well Construction (PUB2197) is available as a fact sheet on the department’s Web site at www.dnr.mo.gov/pubs/pub2197.pdf PDF.

DEPARTMENT PRESENTS WATER EDUCATION AWARD TO JEFFERSON CITY HIGH SCHOOL TEACHER JULIE COOK
The Department of Natural Resources honored Julie Cook, a teacher at Jefferson City High School, with the 2006 Water Education Award for her efforts to educate students about water quality issues.

“It gives me great pleasure to recognize Julie Cook on her efforts to educate students about water quality issues,” said Department of Natural Resources Director Doyle Childers. “Cook’s passion for the environment and desire to pass it on to her students is always evident in the projects and issues she develops with her students.”

Cook and her students tackle projects such as tree planting on Wears Creek in Cole County. Cook is sponsor of the Environmental Club and developed an outdoor classroom at Jefferson City High School. In March of 2000, Cook participated in writing the Project WET (Water Education for Teachers) publication titled Discover a Watershed: The Missouri.

Cook is one of the first Project WET facilitators trained in Missouri and has been involved in project WET workshops and programs for many years. Julie trained as a Stream Team volunteer in 1999 and her team, #1294, adopted Wears Creek in Cole County.

In addition to her other activities, Cook was selected as Science department chair, served on the board for the Missouri Environmental Education Association, and is a facilitator for the Aldo Leopold Education Project.

The Missouri Department of Natural Resources presents the Water Education Award annually to Missouri high school or middle school teachers. The Water Education Awards focus our attention on the vital role of teachers in educating our future citizens on the importance and value of water as a critical natural resource. The department recognizes the outstanding effort and the unique opportunities that each instructor provides for their students to learn the wonders of water ecology.

The recipients of the Water Education Award are chosen based on the following criteria:

Involvement with the Missouri Stream Team Volunteer Water Quality Monitoring Program;
Use of the department sponsored Project WET (Water Education for Teachers) in classroom activities;
Personal innovative ideas that promote youth’s interest in the conservation of water resources;
Continued personal commitment to provide high quality educational programs about water ecology and water resources.

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

MISSOURI ENVIRONMENTAL EDUCATION ASSOCIATION RECOGNIZES DEPARTMENT OF NATURAL RESOURCES
Glenda Abney presents the Certifitcate of Environmental Education Award to the department's Jim Lubbers.
Glenda Abney, President of the Missouri Environmental
Association presents the Certificate of Environmental
Education Award to the department's Jim Lubbers
at the MEEA Conference on Nov. 3-5 in Columbia.The Missouri Environmental Education Association (MEEA) has ecognized the Missouri Department of Natural Resources’ environmental education efforts with the Association’s prestigious Certificate of Environmental Education Service Award.

This year’s award was presented to the Missouri Department of Natural Resources in recognition of promoting Environmental Education in Missouri and supporting the mission of MEEA.

One “Certificate of Environmental Education Service” is awarded annually to an organization (nonprofit), agency (public or government) or business (private for profit) that promotes environmental education and supports the purpose and mission of the Missouri Environmental Education Association.

This organization, agency or business must have made a significant contribution to environmental education , including, but not limited to, developing environmental education curriculum, publications or documents, creating standard practice of environmental education within the agency, and supporting other educational entities through collaboration or grant funding.

DEPARTMENT OPENS SATELLITE OFFICES IN HOWELL AND MADISON COUNTIES
Environmental assistance will be closer at hand to more southeast Missouri communities than ever, as the Missouri Department of Natural Resources opens its two newest satellite offices in Willow Springs in Howell County and Fredericktown in Madison County.

The department’s satellite offices in Willow Springs and Fredericktown will complement and extend the environmental services provided to the region by the department’s Southeast Regional Office at Poplar Bluff. Other offices opened to serve the southeast region during the last year include locations in Rolla and Portageville.

"Meeting community environmental needs more quickly by placing department staff closer to the public we serve is one of our most important department goals,” said Department Director, Doyle Childers. “The new offices in Willow Springs and Fredericktown will allow us to provide more timely and local service to many more communities in the region.”

The Howell County Satellite Office holds one environmental specialist for drinking water and wastewater issues. Two environmental specialists will staff the Madison County Satellite Office. The specialists will deal with drinking water, wastewater, air pollution, solid waste and hazardous waste issues. Both offices will also provide nearby counties with facility inspections and compliance ssistance services.

In the last year the department has also opened satellite offices in Carthage, Maryville, Portageville, Rolla and Warsaw. The satellite offices are the newest part of the department’s Field Services Division, which oversees the agency’s five regional offices, thirteen additional satellite offices, Environmental Services Program and other key field activities.

“We’re on the front line of protecting the environment and serving the public,” said Jim Macy, director of the division. “Our staff conduct inspections and provide technical assistance at regulated facilities, investigate environmental complaints, provide
laboratory analytical services and respond to environmental emergencies. Adding the offices at Willow Springs and Fredericktown will mean we can protect the environment better and serve the public more efficiently.” For a map of the department’s regional and satellite offices, visit the department’s Web page at www.dnr.mo.gov/regions/regions.htm.

The new offices can be contacted at the following addresses:

Missouri Department of Natural Resources
Howell County Satellite Office
906 Springfield Road
Willow Springs, MO 65793
Phone and fax: 417-469-0025
Missouri Department of Natural Resources
Madison County Satellite Office
120 West Main Street
Fredericktown, MO 63645
Phone: 573-783-2385
Fax: 573-783-6294

FACTS ABOUT OPEN BURNING UNDER MISSOURI REGULATIONS
Open burning is the burning of any materials in which air contaminants resulting from combustion are emitted directly into ambient air without first passing through a stack or chimney from an enclosed chamber. This summarizes allowable and prohibited open burning under Missouri regulations. It does not include open burning restrictions that city or county governments may impose in addition to Missouri’s state regulations. Prior to conducting any open burning, businesses and citizens should contact the city or county of jurisdiction for any local restrictions.

The open burning of certain trade wastes and tires produces toxic emissions harmful to human health and is therefore prohibited. Combustion sources, such as fires, typically produce large amounts of small particulate matter that can be inhaled, causing
respiratory problems.

The burning of common household trash, including paper products and food wastes, can also have severe consequences. A recent study performed by the U.S. Environmental Protection Agency concluded that the open burning of one household’s trash could release certain dangerous pollutants in higher levels than the burning of the trash of thousands of homes by a municipal waste incinerator. Because of lower combustion temperatures, trash burned at private homes burns less efficiently, releasing high levels of several dangerous pollutants, including dioxins, volatile organic compounds (VOCs), acetaldehyde, formaldehyde, hydrogen chloride and naphthalene. These contaminants can be very harmful to air quality, especially in areas that already have higher pollution levels, such as Kansas City and St. Louis. They also pose a wide range of health risks. Open burning exposes individuals to toxic emissions that may irritate the eyes, skin and upper respiratory tract, and depress the central nervous system to cause headache,
dizziness and fatigue.

Because of these potential dangers, the Missouri Department of Natural Resources strongly discourages open burning of any material prior to investigating alternatives. Some rural areas can participate in a “green box” service, which provides a trash collection point near a centrally located county road for local residents to use. Green boxes are usually picked up or emptied once a week. Other options include waste disposal services, waste diversion, recycling and composting. Contact your local Solid Waste Management District for assistance in implementing these cleaner alternatives to open burning.

Prohibited Open Burning Under State Regulation
Any waste generated by a business, trade, industry, or any demolition operation cannot be burned. This would include, but is not limited to paper, cardboard boxes, pallets, tires, rubber products, hazardous materials, styrofoam, plastics, petroleum based products and treated wood. Any asbestos-containing material cannot be burned.

Allowable Open Burning Under State Regulations
(Local governments may have stricter laws and policies)

Open Burning of Household Refuse
Missouri allows open burning of household refuse originating on premises from four dwelling units or less and burned on the same premises. Materials such as tires or waste oil may not be used to start the fires or be burned in the fires.

Kansas City metropolitan area: Open burning is allowed provided the burning takes place within an area zoned for agricultural purposes and outside the portion of the metropolitan area surrounded by the corporate limits of Kansas City and every bordering municipality and outside the portion of the metropolitan area surrounded by the corporate limits of St. Joseph.

Outstate area: No special day, time or location restrictions.

Springfield-Greene County area: Open burning is allowed provided that burning takes place outside the corporate limits of Springfield and only within areas zoned A-1, Agricultural District.

St. Louis metropolitan area: Open burning of household refuse is prohibited in the St. Louis metropolitan area.

Open Burning of Household Yard Wastes
Missouri allows open burning of household yard wastes originating on premises from four dwelling units or less and burned on the same premises. Materials such as tires or waste oil may not be used to start the fires or be burned in the fires.

Kansas City metropolitan area: Open burning is allowed provided the open burning takes place within an area zoned for agricultural purposes and outside the portion of the metropolitan area surrounded by the corporate limits of Kansas City and every
bordering municipality and outside the portion of the metropolitan area surrounded by the corporate limits of St. Joseph. Open burning of yard wastes in the city of St. Joseph is allowed only during a three-week period in spring and during a three-week period in fall between 10 a.m. and 3:30 p.m. The two, three-week periods are to be determined by the city of St. Joseph along with state agencies and the state fire marshal.

Outstate area: No special day, time or location restrictions.

Springfield-Greene County area: Open burning is allowed provided that open burning takes place outside the corporate limits of Springfield and only within areas zoned A-1, Agricultural District.

St. Louis metropolitan area: Open burning of tree leaves or residential brush is allowed only in areas outside of incorporated municipalities and is limited to the period beginning Sept. 16 and ending April 14 of each calendar year. These brush piles are limited to 16 square feet and the burning is allowed from 10 a.m. through 4 p.m.

Open Burning for Fire Training Purposes
Missouri allows fires to be set for the purpose of training fire fighters in the outstate, Springfield-Greene County and St. Louis metropolitan areas provided proper and timely notification to the appropriate regional office occurs. Fire training in the outstate area requires a written request be submitted to the appropriate regional office, a minimum of one week prior to the training. The St. Louis metropolitan area requires a written request a minimum of 24 hours prior to the training. All fire training exercises must be in compliance with 40 CFR part 61 subpart M, National Emission Standard for Hazardous Air Pollutants, for asbestos and National Fire Protection Association (NFPA) 1403. In the Kansas City area, see the requirements in the section on Required Open
Burning Permits.

Open Burning in Agricultural Operations
Missouri allows agricultural burning throughout the state. However, several exceptions apply. Materials such as tires or waste oil may not be used to start the fires or be burned in the fires. Any burning which produces smoke in such a manner as to impair visibility for those operating motor vehicles or airplanes is prohibited. Any open burning which creates a health hazard is also prohibited. Contact the St. Louis Regional Office before burning in the St. Louis metropolitan area between April 15 and Sept. 15. Botanical nursery operations (greenhouses) are not considered agricultural operations.

Open Burning in Land Clearing Operations
Open burning of tree trunks, tree limbs and vegetation from land clearing operations is allowed only in the outstate area if the burning takes place outside the city limits of any incorporated area or municipality and at least 200 yards from the nearest inhabited dwelling. Materials such as tires or waste oil may not be used to start the fires or be burned in the fires.

Open Burning at Wood Processing Facilities
In the outstate area, open burning of untreated wood waste from wood processing facilities is allowed if production is less than 8,000 board-feet per day and the facility was in existence as of March 25, 1976, but has not relocated to a new site, and if the burning is done at least 200 yards from the nearest occupied structure.

In the outstate area, open burning of untreated wood waste from wood processing facilities is allowed if production is less than 8,000 board-feet per day and the facility has relocated or from new wood processing facilities not in existence as of Sept. 18, 1970 and the facility and the burning are at least one mile outside city limits, and at least 200 yards from the nearest occupied structure.

Open Burning for Recreational Purposes
Campfires and other fires used solely for recreational purposes, ceremonial occasions, or for outdoor noncommercial preparation of food are allowed in Missouri.

Required Open Burning Permits
In the Kansas City Metropolitan area an open burning permit is required to set fires for the purpose of training firefighters. All fire training exercises must be in compliance with 40 CFR part 61 subpart M, National Emission Standard for Hazardous Air Pollutants, for asbestos and National Fire Protection Association (NFPA) 1403.

Tree trunks, tree limbs, vegetation (excluding leaves or lawn clippings) or untreated waste lumber at a landfill, compost plant, transfer station or salvage operation can be burned, throughout the state, with an issued and valid open burning permit. The open burning permit requires the facility, in most cases, to use an air curtain destructor.

The open burning of certain trade wastes throughout the state, and vegetation from land clearing operations in the Springfield-Greene County area and the Kansas City and St. Louis Metropolitan areas, may be permitted only when it can be shown that open burning is the only feasible method of disposal and that disposal is in the public interest. Household refuse and household yard waste in the Springfield-Greene County area and the Kansas City and St. Louis metropolitan areas may be open burned in the off-season if permitted under these same conditions. The open burning permit requires the facility, in most cases, to use an air curtain destructor. In the outstate area, commercial and municipal utility tree trimming operations must submit a request to the appropriate regional office for an annually renewable open burning permit. The request must describe the general size, condition, and age of the tree trunks and tree limbs to be open burned.

In the Springfield-Greene County and Kansas City and St. Louis metropolitan areas, commercial and municipal utility tree trimming operations must submit an application for an open burning permit to the appropriate regional office.

Nothing in this fact sheet may be construed to permit open burning that causes or constitutes a public health hazard, nuisance or a hazard to vehicular or air traffic or violates any other rule or statute.

Definitions
St. Louis metropolitan area: The geographical area comprising St. Louis, St. Charles, Jefferson and Franklin Counties and the city of St. Louis.

Springfield-Greene County area: The geographical area contained within Greene County.

Kansas City metropolitan area: The geographical area comprising Jackson, Cass, Clay, Platte, Ray and Buchanan counties.

Outstate area: The geographical area comprising those counties not contained in the St. Louis
metropolitan area, the Springfield-Greene County area or the Kansas City metropolitan area.

Air Curtain Destructor: An air pollution control device designed to increase burning efficiency, thereby reducing air contaminant emissions during open burning.

Open Burning: The burning of any materials in which air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber.

Open Burning Permit: A permit that must be applied for and then granted in order to open burn or open burn with restrictions. Permit applications must be sent to the Regional Office that has jurisdiction over your area.

Open Burning Permit Application
The open burning permit application is to be completed and then submitted to the Missouri Department of Natural Resources’ Regional Office that has jurisdiction over your area. The application is to contain the following:

• The name, address and telephone number of the person submitting the application;
The type of business or activity involved;
A description of the proposed equipment and operating practices, the type, quantity and composition of trade wastes and vegetation to be burned and expected composition and amount of air contaminants to be released to the atmosphere, if known;
The schedule of burning operations;
The location where the open burning will be performed;
Reasons why an emergency exists or no method other than open burning is feasible; and
Evidence that the proposed open burning has been approved by the fire control authority and other local agencies that have jurisdiction over burning in the area.

For more information contact your closest Missouri Department of Natural Resources Regional Office. A regional office map is located in this publicaton on page

All regional offices can receive mail through the P.O. Box 176, Jefferson City, MO 65102-0176 address, but for faster delivery, please use the direct address.

Additional contacts
Missouri Department of Natural Resources
Air Pollution Control Program
P.O. Box 176, Jefferson City, MO 65102-0176
800-361-4827 or 573-751-4817 office
573-751-2706 fax
www.dnr.mo.gov/env/apcp

Missouri Department of Natural Resources
Solid Waste Management Program
P.O. Box 176, Jefferson City, MO 65102-0176
800-361-4827 or 573-751-5401 office
573-526-3902 fax
www.dnr.mo.gov/env/swmp

Facts About Open Burning Under Missouri Regulations (PUB2047) is available as a fact sheet on the department’s Web site at www.dnr.mo.gov/pubs/pub2047.pdf PDF.

DEPARTMENT IDENTIFIES WATER SYSTEMS THAT FAIL TO COMPLY WITH
TESTING REQUIREMENTS
The Department of Natural Resources has released a list of 44 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 on this list have had at least three major monitoring violations in a 12-month period.

The vast majority of community and non-community public water systems in Missouri comply with all monitoring requirements and meets all drinking water standards. Chronic violators are the exception rather than the rule, as this current list of 44 systems
represents only 1.6 percent of the approximately 2,700 public drinking water systems in Missouri.

Bacteriological testing can be the first step in identifying and correcting a 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 a record of both failing to monitor and a history of exceeding contaminant levels, this may raise concerns about the unknown quality of the drinking water.

If a water sample test 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, test negative for fecal coliform or E. coli. The total coliform-positive samples that are listed tested negative for fecal coliform or E. coli, unless specifically stated otherwise.

To view more details on the violators listed, visit the department’s Web site at www.dnr.mo.gov/env/wpp/chronic/index.html.

County - Public Drinking Water System
Barry - Fisherman’s Den, Star Lodge Motel Inc.
Benton - Roadhouse Resort and Marina, Sun Valley Subdivision
Camden - Angie’s Memory Lane Restaurant, Bambooze, Halfway Inn, Mariners Pier 31, Stingray Marina and Tuna Trap, The Climax One Stop
Douglas - Fraternal Order of Eagles #374
Franklin - Native Experience Campground
Gasconade - Brown Shanty Lake Association
Greene - Springfield Skateland, Virgil’s Bar and Self Storage, Wimpy’s Corner Store
Jasper - Double Diamond Fuel Mart, Q and Brew
Jefferson - The Market, Inc.
Johnson - Hazel Hill Mobile Home Park
Laclede - Sign Fab Inc.
Lawrence - Youngberg Estates Mobile Home Park
Lincoln - Family Child Care Center
Miller - Village Marina
Moniteau - Moniteau Co. PWSD #2
Morgan - Smoked on the Water, The Dummy, Time Out Sports Bar and Grill, Uncle Sam’s Ice Cream and Deli
Ozark - The Grapevine
Perry - Missy’s Country Kettle
Pettis - Meadowlark Acres Mobile Home Park
Polk - Roadside Café, Valley View Acres
St. Clair - Old Plantation Motel
St. Francois - Shamrock Restaurant and Lounge
St. Louis - Crescent Farms Golf Club
Stone - Deer Run Store and Campground, Stormy Point Campground and Resort, Turner Estates Subdivision
Taney - Bridgewood Country Club
Washington - Bri-Co Inc.
Webster - Country Quick Stop
Wright - Manes Restaurant

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, the department pursues more stringent enforcement action through legal channels.

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

DEPARTMENT AND DOW CHEMICAL COMPANY ENTER INTO LETTER
OF AGREEMENT
The Department of Natural Resources and Dow Chemical Company entered into a Letter of Agreement. The agreement is the starting point for Dow to investigate possible releases at its facility and determine if cleanup is necessary.

Dow is located at 500 Dow Industrial Dr. in Pevely and manufactures and ships Styrofoam installation and Styron. Dow originally operated a Resource Conservation and Recovery Act (RCRA) interim status hazardous waste storage unit at the site. During interim status, Dow had to file a hazardous waste permit application within a specific time frame. Dow submitted Part A of the permit application on Nov. 11, 1980, and Part B in September 1988.

The U.S. Environmental Protection Agency, Region 7, conducted a RCRA Facility Assessment on Feb. 16, 1993. The assessment report indicated that there are possible releases of hazardous wastes and hazardous constituents to soil and groundwater at the facility.

On June 27,1994, Dow decided not to continue the RCRA permitting process. Because Dow did not obtain a hazardous waste permit, it was required to close the hazardous waste storage unit according to their approved interim status closure plan, dated
Sept. 12, 1994. The interim-status closure plan outlined how Dow would remove and clean its equipment, structures and soil.

The Letter of Agreement is the starting point for carrying out an Expedited Corrective Action Program, or cleanup investigation, at Dow’s facility. The agreement describes the roles, responsibilities and expectations of the department and Dow for possible cleanup activities at the facility. The first step under the agreement will be Dow’s submission of a Description of Current Conditions Report and a RCRA Facility Investigation Work Plan. The work plan will outline the framework for investigation of possible contaminant releases to the environment. Dow will examine the rate of movement and amount of contaminant released. What, if any, cleanup activities necessary to protect human health and the environment will be based on the investigation results.

The agreement is available on the department’s Web site at www.dnr.mo.gov/env/hwp/permits/notices.htm.

For more information on the agreement, or to request to have your name placed on Dow’s mailing list to receive notice on any major cleanup activities at the facility, please contact Assem Abdul at the Missouri Department of Natural Resources, Hazardous Waste Program, P.O. Box 176, Jefferson City, MO 65102-0176. You can also reach Abdul by telephone at 573-751-3553 or 800-361-4827 or by e-mail at assem.abdul@dnr.mo.gov. Hearing and speech-impaired persons may reach Abdul through Relay Missouri at 800-735-2966.

DEPARTMENT AND EPA ISSUE FINAL PERMITS TO H.T.R. INC.
The Department of Natural Resources and the U.S. Environmental Protection Agency, Region 7 issued final hazardous and solid waste permits to H.T.R. Inc. in Kaiser, Mo.

The department and EPA issued final Missouri Hazardous Waste Management Facility (MHWMF) Part I and U.S. Environmental Protection Agency Hazardous and Solid Waste Amendments (HSWA) Part II permits.

H.T.R., Inc., located at 415 Kaiser Industrial Drive, in Kaiser is a fluorescent bulb recycling facility.

Fluorescent bulbs are now considered a universal hazardous waste. H.T.R. Inc. was required to follow Resource Conservation and Recovery Act permit requirements for storing the bulbs when federal regulations changed in 2000. Federal regulations required that this permit be issued for the storage of fluorescent lamps and mercury containing calcium phosphate powder at the facility before they are recycled.

The final permits and summary and response to comments are available on the department’s Web site at www.dnr.mo.gov/env/hwp/permits/notices.htm. Supporting documents are not available on the department’s Web site due to
their size.

The public can review and copy the final permits and supporting documents at the following locations:

Camden County Library, Osage Beach Branch, in Osage Beach during normal business hours,
Missouri Department of Natural Resources’ Elm Street Conference Center in Jefferson City, by appointment only or
EPA’s Region 7 office in Kansas City, Kansas.

There were no comments made on the draft HSWA Part II permit during the public comment period. Therefore, the final HSWA Part II permit cannot be appealed. The deadline to appeal the MHWMF Part I permit was December 15.

The Administrative Hearing Commission cannot review any petition containing issues that were not brought up during the public comment period. However, the commission can review petitions on requirements in the final permits that were not in the
draft permits.

Anyone may call or write the department at any time to request to have his or her name placed on H.T.R. Inc.’s mailing list. By doing this, they will receive notice from the department or H.T.R. Inc. on any major permitting activities at the facility.

For more information on the final MHWMF Part I permit, please contact Richard Hock at the Missouri Department of Natural Resources, Hazardous Waste Program, P.O. Box 176, Jefferson City, MO 65102-0176. You can also reach Hock by telephone at
573-751-3553 or 800-361-4827 or by e-mail at richard.hock@dnr.mo.gov.

For more information on the HSWA Part II permit, please contact Gayle Hubert of EPA, Region 7, Resource Conservation and Recovery Act, Corrective Action and Permits Branch, 901 North Fifth Street, Kansas City, KS 66101. You can also reach Hubert at (913) 551-7439 or by e-mail at hubert.gayle@epa.gov.

DEPARTMENT PROVIDING ST. LOUIS AREA FORECASTS FOR AIRBORNE
FINE PARTICLES
The St. Louis area can now check the air quality forecast for fine particles to help protect themselves against health effects from this type of air pollution, according to the Missouri Department of Natural Resources.

The department is coordinating Fine Particulate Matter 2.5 (PM 2.5) air quality forecasts for the St. Louis area through a grant funded by the U.S. Environmental Protection Agency.

Fine particles are a mixture of solid particles and liquid droplets found in the air and can include acids, organic chemicals, metals, soil or dust particles and allergens. Some particles, such as dust, dirt, soot or smoke are large or dark enough to see with the naked eye, however, fine particle matter is 2.5 micrometers in diameter or smaller. Fine particles are nearly 30 times smaller than a single strand of human hair, which averages 70 micrometers in diameter, making it easy to get deep into the lungs and cause significant health problems.

Particle pollution, unlike ozone, can occur year-round. The particles come from a variety of sources including motor vehicles, power plants, wood burning stoves and fireplaces, forest fires and some industrial processes. People can reduce their exposure to particle pollution by checking their daily air quality forecast and adjusting strenuous outdoor activities when elevated particulate levels
are forecasted.

The chances of being affected by particles increase the more strenuous your activity and the longer you are active outdoors. If your activity involves prolonged or heavy exertion, reduce your activity time or substitute another that involves less exertion. Go for a walk instead of a jog, for example. Plan outdoor activities for days when particle levels are lower. And don’t exercise near busy roads; particle levels generally are higher in these areas.

The new forecasting will add St. Louis to the many large metropolitan areas in the country that forecast PM 2.5 air quality levels. The goal of the forecasting is to improve public knowledge and understanding of PM 2.5 monitoring levels and the associated
health effects.

The forecasts use the same format as EPA’s Air Quality Index (AQI), a tool that state and local agencies use to issue public reports of actual levels of particles, ground-level ozone, and other common air pollutants.

Using the AQI’s color-coded scale, these forecasts help you quickly learn when air pollution is expected to reach unhealthy levels in your area.

The forecasts are available year-round on the department’s Web site at www.dnr.mo.gov/env/apcp. Resident’s in the St. Louis area may also check the weather page in The St. Louis Post-Dispatch for the current levels and projected PM 2.5 forecasts.

MISSOURI SMALL BUSINESSES BENEFIT FROM DEPARTMENT'S ENVIRONMENTAL ENGINEER SKILLS

Lucy Thompson is an environmental
engineer in the department's
Air Pollution Control Program.A variety of engineering experiences have helped Lucy Thompson build a good relationship with the public. Thompson, an environmental engineer with the department’s Air Program, provides assistance and outreach to small businesses around the state.

“I assist those who call in looking for direction and help when filling out permit applications and emissions inventory questionnaires,” said Thompson.

Thompson is a good point of initial contact for these individuals because of her extensive background in engineering. Experience in industrial, manufacturing, production, quality and environmental engineering affords her insight into the day to day operations of these businesses.

“I have specialized experience in several different backgrounds, including the private industry,” said Thompson. “This allows me to easily identify the clients’ needs.”

Not only does she provide assistance over the phone, but Thompson also travels all over the state offering on-site assistance to smaller regulated facilities. Some visits take her to very remote locations.

“One time I was visiting a site that was off the beaten path. I could only drive my car to a certain point and then had to honk and wait for someone to pick me up and take me the rest of the way,” said Thompson. “Those are the experiences that really keep
things interesting.”

Enjoying the variety that her position offers, Thompson is quick to encourage others to consider a career in engineering.
“The field is constantly changing, and there are so many ways to apply the degree,” said Thompson.

If you are interested in environmental careers with the Missouri Department of Natural Resources, job listings link are available on the department’s Web site at www.dnr.mo.gov/hr/registerandjobs.htm.

For more information, call toll-free at 800-361-4827.

MISSOURI HAZARDOUS WASTE COMMISSION APPROVES HOLCIM/ENERGIS HAZARDOUS WASTE VARIANCE
The Missouri Hazardous Waste Management Commission has approved a Holcim (US) Inc./Energis LLC’s (Holcim) petition, with conditions, allowing the company additional time to unload hazardous waste from railcars.

The approved variance order allows Holcim ten days to unload hazardous waste from railcars instead of the current 72-hour limit under normal working conditions. As a result, Holcim will have the flexibility to stage more railcars on their property. The variance is in effect until Oct. 24, 2007.

Holcim is located on Hwy. 79 North, two miles north of Clarksville. Holcim operates a “wet process” cement kiln. The kiln produces approximately 4,000 tons of clinker per day. Clinker is the primary ingredient in Portland cement. The company uses coal and a variety of liquid and solid hazardous waste-derived fuels to heat its kiln. The company receives the hazardous waste by both truck and railcar.

The Missouri Department of Natural Resources received Holcim’s petition for a variance from 10 CSR 25-7.264 (3)(B)2 on June 14, 2006. According to state regulations, “The owner/operator shall unload hazardous waste from an incoming railcar within 72 hours of receipt of the shipment.” Holcim is unable to control the scheduling and routing of incoming railcars from the railroad. This resulted in the railroad staging incoming railcars in various other, potentially less secure, locations off Holcim’s property until the company could accept them. The department reviewed the variance petition and determined the request to be non-substantive. The department recommended that the commission grant the variance petition with conditions.

The variance order is available on the department’s Web site at www.dnr.mo.gov/env/hwp/permits/notices.htm. The public can also review and copy the variance order and supporting documents at the Bowling Green Free Public Library in Bowling Green, during their normal business hours, or by appointment only at the department’s Elm Street Conference Center in Jefferson City.
Anyone may call or write to the department at any time to request to have his or her name placed on Holcim’s mailing list. By doing this, they will receive notice from the department or Holcim on any major permitting activities at the facility.
For more information, contact Robert Clay of the department’s Hazardous Waste Program at 573-751-3553 or 800-361-4827 or by e-mail at robert.clay@dnr.mo.gov. Hearing and speech-impaired persons may reach Clay through Relay Missouri
at 800-735-2966.

WORLD CHAMPIONS ABOUND IN ST. LOUIS
The St. Louis Cardinals are Baseball’s 2006 champions, winning the World Series in October. The City of St. Louis is the Redevelopment 2006 champion, winning the World Leadership Award for Urban Renewal in December.

Congratulations to the city of St. Louis, and to Kansas City, which was also one of four global finalists in the Urban Renewal category. Regardless of which city received the award, both are winners. And the State of Missouri is a winner.

The Missouri Department of Natural Resources’ Brownfields/Voluntary Cleanup Program and State Historic Preservation Office play significant roles in urban renewal in both Kansas City and St. Louis. In his opening remarks at the Governor’s Conference on Economic Redevelopment in September 2006, Mayor Francis Slay of St. Louis spoke of the key partnership of the city with the State of Missouri. Mayor Slay first mentioned the contribution of both Historic and Brownfields State tax credits as examples of that partnership and major reasons for St. Louis’ success in redevelopment. The department works closely with the Department of Economic Development, which provides the state tax credits and other programs key to urban renewal.

Four hundred cities were invited to apply for a World Leadership Forum award. Twenty-nine cities were selected as finalists for eleven categories. Five USA cities are among the finalists.

Missouri is the only state to provide two cities. The other three USA cities selected are Los Angeles, California, Salt Lake City, Utah and Albuquerque, New Mexico, Kansas City and St. Louis competed in the same category, Urban Renewal. Urban Renewal had the most finalists, four, of the eleven categories. The other two Urban Renewal competitors were Calcutta, India and Manchester, England. The award was announced December 6, 2006 in London.

The London-based World Leadership Forum gives the World Leadership Award to cities whose leaders have shown “exceptional imagination, foresight or resilience in a number of key fields - especially cities that have reversed trends, shaken off traditional images, and acted as an example and inspiration to others.” Presented annually in London, the World Leadership Awards celebrate the very best in modern city leadership.

Urban renewal is not limited to Kansas City and St. Louis. Missouri cities statewide have utilized the Brownfields assistance programs and Historic Preservation tax credits to create wonderful changes in their communities. Big and small, we help them all: Boonville, Cape Girardeau, Hermann, Independence, North Kansas City, Springfield, St. Charles and Stella are some of the cities where renewal success is evident. Perhaps one day these cities may also be invited to compete for a World Leadership Award.

DEPARTMENT SURVEYS BENNETT SPRING NEIGHBORS ON WASTEWATER TREATMENT ISSUE
The Department of Natural Resources, working with the Bennett Spring Area Water Protection Committee and the Southwest Council of Governments, is surveying residents living near Bennett Spring to gauge their opinions on sewage treatment issues.
Approximately 300 of the spring’s closest neighbors were sent the survey before Thanksgiving. Thirty percent of the surveys had been returned by mid-December. The results of the Bennett Spring Area Water Protection Survey will be used to help the local citizen’s group address wastewater treatment and other issues that could affect water quality in and around the spring.

The survey, funded by an EPA grant to the Southwest Council of Governments, should help planners determine the support for a central wastewater treatment facility. The grant will also help pay for wastewater treatment planning and water quality education.

Bennett Spring, located in Dallas and Laclede counties west of Lebanon, is the state’s third largest spring, with a daily average flow of 100 million gallons. The stream feeds the Niangua River, helping make it one of the state’s most popular rivers
for recreation.

ENVIRONMENTAL EMERGENCY RESPONSE

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. Some of the protection and services the department provides are:

emergency response training and planning;
advice on hazardous chemicals and technical expertise used to provide spill cleanup advice and oversight;
coordinate private contractors to clean up hazardous material spills;
ensure a proper environmental cleanup is completed;
drug lab seizure assistance;
Chemical Accident Prevention Program for businesses that use hazardous chemicals;
Homeland security issues.

Environmental Emergency Response staff use specially designed vehicles that contain protective gear, air monitoring instruments, sampling equipment and spill cleanup equipment. The department's Environmental Emergency Response Team is funded from a hazardous waste generator fee. To report a hazardous substance spill call 573-634-2436.

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 MARKET DEVELOPMENT PROGRAM STEERING COMMITTEE TO MEET JAN. 5
The Missouri Market Development Program Steering Committee will hold a public meeting at 10 a.m.,
Jan. 5 at the EIERA Conference Room, 325 Jefferson St., in Jefferson City.

For more information, call Rita Cade of the Department of Natural Resources at 800-361-4827 or 573-751-4919.

CLEAN WATER COMMISSION TO MEET JAN. 10
The Missouri Clean Water Commission will hold a public meeting at 9 a.m., Jan. 10 at the Lewis and Clark State Office Building.

For more information, call the department’s Water Protection Program at 800-361-4827 or 573-751-1300.

AIR CONSERVATION COMMISSION TO MEET FEB. 1
The Missouri Air Pollution Control Commission will hold a public meeting at 9 a.m., Feb. 1 at the Elm Street Conference Center at 1738 E. Elm St. in Jefferson City.

For more information, call the department’s Air Pollution Control Program at 800-361-4827 or 573-751-4817.

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 Todd Crawford in 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/ruleindex.htm.

Air Pollution Control Program	Restriction of Emission of Odors
Rule Number 010-02.070 – To amend sections and subsections in the rules that describe methods of odor measurement.
Public comment ends: Feb. 8, 2007	Public hearing: Feb. 1, 2007
Missouri Register Citation: Filed, not yet published	Department contact: 573-751-4817

Air Pollution Control Program	Restriction of Emission of Odors
Rule Number 010-03.090 – To amend sections and subsections in the rules that describe methods of odor measurement.
Public comment ends: Feb. 8, 2007	Public hearing: Feb. 1,. 2007
Missouri Register Citation: Filed, not yet published	Department contact: 573-751-4817

Inside This Issue

Air Pollution Control Program

Restriction of Emission of Odors

Air Pollution Control Program

Restriction of Emission of Odors

Restriction of Emission
of Odors

Restriction of Emission
of Odors