Protecting Missouri's Natural Resources Newsletter - September 2007 Issue

DEPARTMENT OF NATURAL RESOURCES PHASING IN THE GATEWAY VEHICLE INSPECTION PROGRAM
Plates expiring September 2007 will receive emissions testing extension
The Department of Natural Resources will phase in the new vehicle emissions testing
requirements for St. Louis area motorists through September. Official emissions testing under
the new program will now begin Monday, Oct. 1.

The previous emission program, the Gateway Clean Air Program, ended Sept. 1. The original implementation date to begin the Gateway Vehicle Inspection Program was Sept. 4. The state desires a high-quality and efficient emissions testing program and has opted to use the month of September to allow participating shops ample time to become familiar with the software and equipment necessary to perform the emissions test.

This will ensure a more seamless transition for both shop owners and St. Louis area motorists. “We regret any inconvenience this delay will cause for September registrants. In order to allow flexibility, we are granting an emissions testing extension until Dec. 1,” said Leanne Tippett Mosby, deputy director of the Division of Environmental Quality. “Allowing shops more time to familiarize their inspectors with the new equipment will ensure a seamless transition for both the shop owners and St. Louis area motorists and provide an emissions testing program that is both reliable and efficient.”

There will be no facilities offering emissions testing during September. The Department of Natural Resources encouraged motorists with odd model year plates that expire in September to test their vehicle early to ease this transition. September registrants were allowed to test early at one of the Gateway Clean Air Program testing locations on or before Sept. 1. However,
if they missed this cutoff, they will be granted an emission testing extension until Dec. 1. Vehicle owners will need a passing safety inspection to renew their plates in September. The department sent a notice to these registrants to remind them to fulfill their
emissions testing requirements.

The Gateway Vehicle Inspection Program will shift vehicle emissions testing from the centralized testing locations back to local auto shops in the St. Louis nonattainment area. The nonattainment area includes the city of St. Louis and Franklin, Jefferson, St. Charles and St. Louis counties.

Local auto shops will test 1996 and newer gas-powered vehicles and 1997 and newer diesel-powered vehicles registered in the St. Louis ozone nonattainment area using on-board diagnostics equipment. This advanced computer inspection system will determine whether 1996 and newer vehicles pass or fail the emissions test. This testing method will be a noticeable change in Franklin County as vehicles were previously OBD tested for advisory purposes only.

Model year vehicles 1995 and older will be exempt from the emissions testing requirements after Sept. 1, as they do not contain the OBD equipment necessary for testing. However, safety inspections are still required every two years. The impact on ground-level ozone from these older vehicles will continue to decrease as these vehicles are phased out and become a smaller percentage of the fleet.

St. Louis shops continue to sign up for the program

More than 650 auto shops have signed up to join the Gateway Vehicle Inspection Program in the St. Louis area. SysTech International LLC began delivering equipment to participating auto shops Aug. 20. Inspector/mechanic training will begin the week of Aug. 20 at several locations around the Greater St. Louis area. Classes will be held during weekday evenings and on Saturdays. SysTech will contact the auto shops by phone to schedule the training.

After the training is complete, the inspector/mechanics must pass a written and practical exam offered by the Missouri State Highway Patrol. SysTech will continue to process applications received, however, those shops may not be up
and running by the start of the new program.

Currently, there are approximately 1,100 licensed safety inspection stations in the St. Louis ozone nonattainment area.

“In a relatively short amount of time, SysTech has accepted hundreds of applications to join the program,” said Department of Natural Resources’ Division of Environmental Quality’s Deputy Director Leanne Tippett Mosby. “I’m pleased with the number of applications received to date. SysTech is working quickly to process applications, provide training to inspector/mechanics and deliver equipment. I would like to thank the auto shops for helping make this a smooth and quick transition.”

The Missouri Department of Natural Resources and the Missouri State Highway Patrol jointly administer the Gateway Vehicle Inspection Program. The program is a key component of the ongoing effort to improve air quality in the St. Louis region.

For more information about the Gateway Vehicle Inspection Program, visit the Web at www.GatewayVIP.com or call 1-866-OBD-TEST (623-8378).

DEPARTMENT OF NATURAL RESOURCES SEEKS COMMENTS ON PERMIT MODIFICATIONS FOR DOE RUN - BUICK RESOURCE RECYCLING FACILITY
Public meeting and hearing are Oct. 9 in Viburnum
The Missouri Department of Natural Resources invites the public to review and offer written comments on draft hazardous waste permit modifications for The Doe Run Company - Buick Resource Recycling Facility until Oct. 15.

The department is also hosting a public meeting and public hearing on the draft permit modifications at 6 p.m. on Oct. 9, at the Quad County Fire Protection District Office, on Highway 49 S., in Viburnum. Citizens are encouraged to attend the meeting to ask questions, provide input, offer comments and share concerns with the facility and the department. The public hearing will follow the public meeting. The hearing begins at 7 p.m. At the hearing, citizens can have their comments on the draft permit modifications entered into the official record. In order to allow more time for public input and involvement, questions will not be answered at the hearing.

Doe Run is located on Highway KK in Boss and operates an active hazardous waste treatment and storage facility. Hazardous waste management activities at the facility include storage of hazardous wastes in containers and containment buildings, miscellaneous treatment and site-wide investigation of possible releases. Doe Run recycles lead-acid batteries and other lead-bearing wastes for the lead and other trace metals, sulfuric acid and polyethylene plastic. This facility is a secondary lead smelting operation.

If issued as written, the final Missouri Hazardous Waste Management Facility Part I permit modifications will allow the facility to build and operate a hazardous waste landfill for disposal of wastes produced on-site. The permit modifications address requirements related to the new landfill, groundwater monitoring requirements for the Battery Bunker Containment Building and other updates to clearly outline what areas are permitted at the facility.

The draft permit modifications and fact sheet 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. However, citizens can review and copy the modification request, draft permit modifications, fact sheet and supporting documents at the following locations:

Ozark Regional Library - Viburnum Branch
Missouri Ave., Viburnum

Or by appointment at:

Missouri Department of Natural Resources
1738 East Elm St. (lower level)
Jefferson City
Phone: 573-522-3345

Comments on the draft permit modifications are most effective if they point out legal or technical issues. The department has provided a redline version of the original permit to clearly show what conditions are being modified. Deletions are shown as red strikeouts and additions are in blue and underlined. Only the conditions being modified are open for public comment. All other conditions of the original permit will remain in effect for the length of the permit. Please send written comments to Darleen Groner, Missouri Department of Natural Resources, Hazardous Waste Program, P.O. Box 176, Jefferson City, MO 65102-0176.

People requiring special services or accommodations to attend the meetings can make arrangements by contacting Heidi Rice at least three days before the meeting at 314-416-2690 or 800-361-4827 or by e-mail to heidi.rice@dnr.mo.gov. Hearing and speech-impaired people may reach Rice through Relay Missouri at 800-735-2966.

Citizens may call or write Groner at any time to request to have their name placed on Doe Run’s mailing list. By doing this, they will receive notice from the department or Doe Run on any major permitting and cleanup activities at the facility. For more information, contact Groner by telephone at 573-751-3553 or 800-361-4827 or by e-mail at darleen.groner@dnr.mo.gov.

DEPARTMENT OF NATURAL RESOURCES ISSUES OPERATING PERMIT TO OZBUN FARMS IN BARRY COUNTY
The Department of Natural Resources has issued a permit to operate a concentrated animal feeding operation to Rodney and Michelle Ozbun in Barry County.

This permit will allow the operation of a Class IC concentrated animal feeding operation. An operating permit is required for a CAFO that confines more than 60,000 chicken pullets. The permit issued to the Ozbun Farm allows for operation of four barns with a total capacity of 65,600 pullets.

The department reviewed the operating permit application and found it complies with Missouri law governing CAFOs and determined the permit application meets all legal and regulatory requirements and demonstrates the operation will protect waters of the state.
The waste management system for this site has been designed and permitted as a no-discharge operation, which means that process wastes are contained and stored until proper land application can take place. Land application of process wastes must be
conducted using proper agronomic rates, proper application timing and proper setbacks from geologic features to minimize nutrient run-off and infiltration into groundwater. Contrary to some reports, for this particular operation, the process waste generated at the site will be shipped and land applied at off-site locations.

The department issued a construction permit to Michelle Ozbun in March that authorized the construction of four chicken confinement buildings in the location as shown in the approved plans. Shortly after issuance, the construction permit was appealed to the Administrative Hearing Commission.

On July 25, after the four confinement buildings had been constructed, the commission ordered a stay on the construction permit. The construction of other storage buildings for purposes of other utility work, plumbing or installation of other equipment not related to manure storage or treatment did not require authorization from a construction permit and therefore were not affected by the Administrative Hearing Commission’s stay order.

The commission explained in its order the Ozbuns must obtain the proper permission from the adjacent property owners located within the required 1,000 feet buffer distance before operation of the facility could begin. Since the time of the stay hearing, the Department of Natural Resources received further evidence that the Ozbuns have met this requirement.

Any aggrieved party may appeal the department’s permit decision by filing a petition with the Administrative Hearing Commission within 30 days of the permit issuance. Appeals must be sent to the Administration Hearing Commission, P.O. Box 1557, Jefferson City, MO 65102 or by fax to 573-751-5018. Those who have already appealed the Ozbun construction permit do not need to file an additional petition with the Administrative Hearing Commission to appeal this operating permit.

For more information, contact the department’s Water Protection Program at 800-361-4827 or 573-751-1300. For a copy of the permit, visit the department’s Web site at www.dnr.mo.gov/env/wpp/permits/index.html.

DEPARTMENT ISSUES CONSTRUCTION PERMIT TO DENNIS GESSLING HOG FARM IN SALINE COUNTY
The Department of Natural Resources issued a construction permit to the Dennis Gessling Farm hog operation in Saline County.
This permit will allow for construction of a Class IC Concentrated Animal Feeding Operation. A construction permit is required for a feeding operation housing more than 2,499 hogs. The permit issued to Gessling allows for construction of two barns with a total capacity of 4,800 hogs. The waste management system for this site has been designed and permitted as a no-discharge operation.
No-discharge means the process wastes are contained and stored until proper land application of the process wastes can be conducted. Land application of wastes must be conducted using proper agronomic rates, proper application timing and proper setbacks from geologic features to minimize nutrient run-off or infiltration into groundwater.

The Department of Natural Resources reviewed the application to determine if the proposed site meets the appropriate requirements, such as buffer distance, setback distance, geology as it pertains to the storage structure, flood plain location and relation to waters of the state. If the permit application meets all regulatory requirements and demonstrates the operation will protect water quality, the department is obligated by law to issue the permit. The department received comments objecting to the location of the proposed facility. The main concern was the proximity to the town of Arrow Rock, which is a National Historic Landmark, and Arrow Rock State Historic Site, which is owned by the department.

“The Missouri Department of Natural Resources often hears concerns from neighbors about concentrated animal feeding operations, and sometimes we are the neighbor,” said Department Director Doyle Childers. “We must continue to be fair and consistent. The Department of Natural Resources understands the many concerns over this permit, but, in the end, the department does not have the ability by law to address questions of zoning, location, property values, tourism or other items unrelated to water quality.”
The department reviewed the permit application to ensure it complied with Missouri law and that the operations will protect water quality. The department determined the permit application met all regulatory requirements and demonstrated the operation will protect waters of the state.

The Department of Natural Resources also received requests to delay a permit determination pending the outcome of the Section 106 review required by the National Historic Preservation Act. The Natural Resource Conservation Service is conducting this review as a result of the Gessling’s request for federal cost share on this project and its proximity and alleged potential negative impacts to properties listed or eligible for listing in the National Register of Historic Places. The department’s permitting process is independent of the federal review, and the issuance of the permit has no bearing on the outcome of the review. State law and regulation, however, obligates the department to promptly review and issue decisions on permit applications.

DEPARTMENT REACHES SETTLEMENT WITH SOUTHWEST MISSOURI DEVELOPMENT COMPANY
The Department of Natural Resources and the Missouri Attorney General’s Office have entered into a $25,000 settlement with Jedi Corporation to resolve violations of the Missouri Clean Water Law that occurred at the company’s development on Table Rock Lake.
Jedi Corporation, of Kimberling City, cleared 40 acres of land for development without a Missouri State Operating Permit and without installing Best Management Practices for erosion and sediment control.

To resolve the water quality violations, Jedi Corporation has agreed to pay a civil penalty of $15,000 to the Stone County School Fund and $4,000 to the James River Basin Partnership’s Pump A Million Septic Tank Program. The company will also pay $5,000 to the state’s Natural Resource Damages fund and reimburse the state $1,000 for its investigative costs.

The Volunteer Water Quality Monitoring Program will use the Natural Resources Damage payment to distribute water quality monitoring equipment. Volunteers in the program collect data to establish baseline data on rarely sampled streams, locate emerging water quality problems and identify long term trends in stream conditions. The Volunteer Water Quality Monitoring Program was established in 1993 as part of the Stream Team Program to provide stream teams with the training and equipment to monitor the quality of Missouri’s rivers and streams. The Stream Team Program is a cooperative effort between the Missouri Department of Natural Resources, the Missouri Department of Conservation and the Conservation Federation of Missouri, which promotes stewardship of Missouri’s stream resources through education and hands-on projects.

For information about the Stream Team Program, visit www.mostreamteam.org.

Basin Partnership’s Pump A Million Septic Tank Program is designed to provide financial assistance to homeowners in the James River Basin Watershed to properly maintain their septic tanks to prevent the discharge of water contaminants into the watershed. For information about the James River Basin Partnership, visit www.jrbp.missouristate.edu.

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

DEPARTMENT TESTS FIND MOUNTAIN GROVE DRINKING WATER FREE OF GIARDIA, CRYPTOSPORIDIUM
Testing by the Missouri Department of Natural Resources found Mountain Grove’s five drinking water wells to be free of giardia and cryptosporidium. Consumption of these pathogenic microorganisms can cause water-borne illnesses.

The department, working with the cooperation of the city of Mountain Grove, began additional testing earlier this month following the report of illnesses in the community. In addition to routine microbiological sampling conducted by the city and department, the department conducted microscopic particulate analysis filter testing during the week of Aug. 12. These tests found no indication of giardia or cryptosporidium in the wells.

In addition to giardia and cryptosporidium, the water was tested for other signs that surface water might have affected the groundwater. Surface water impacting a properly constructed groundwater source is rare, but testing is needed to eliminate this as a potential source of concern.

The initial tests indicate low to moderate risk of surface water influence, primarily related to the presence of algal cells in two of the five well samples. Follow up testing is needed to confirm these results, and additional samples collected during varying weather and groundwater conditions must be taken before a final determination can be made regarding impact from surface water. During this testing period, the city will also be looking for potential issues within the system itself that may be the source of the algae.

Although the U.S. Environmental Protection Agency has not established a maximum level for algae in drinking water, there are specific species of algae that can cause gastrointestinal distress. With the levels of algae found in the city’s well samples, the likelihood of it causing health problems is extremely low. However, given current community health concerns, the Department of Natural Resources will begin testing the water system to verify if the algae present are a species known to cause illness.

Because concerns were raised about the city’s water, Mountain Grove has taken steps to comply with all requests of the Department of Natural Resources to correct the bacteriological issues within the water system. This included the installation of emergency chlorination prior to construction of a permanent system. All bacteriological water samples collected throughout the city since the chlorination system was installed have tested absent for total coliform bacteria.

People with additional questions or concerns related to water systems can contact the Department of Natural Resources’ Southwest Regional Office at 417-891-4300.

BROWNFIELDS/VOLUNTARY CLEANUP PROGRAM OVERSEES SUCCESSFUL CLEANUPS
The Missouri Department of Natural Resources has issued certificates of completion for several new Brownfields/Voluntary Cleanup Program 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 Brownfields/Voluntary Cleanup Program, 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.

Morgan Linen Building in St. Louis
The Missouri Department of Natural Resources’ Brownfields/Voluntary Cleanup Program issued a Certificate of Completion for the Morgan Linen Building at 3124 Olive Street in St. Louis. The cleanup included asbestos containing materials, lead based paint and fluorescent bulbs and ballasts containing polychlorinated biphenyls from the site building, and polycyclic aromatic hydrocarbons in soil.

The Morgan Linen Building was built around 1930. The main portion of the site has been used for commercial laundry operations, but the site has other smaller parcels used for a variety of businesses over the years, including drycleaning, pet shops and tool shops. The site was originally owned by Dinks Parrish or D.L. Parrish Laundry Corporation and is currently owned by Morgan Systems Inc., a commercial laundry. A gasoline underground storage tank was removed in 1994 and given “no further action” status by the department’s Tanks Section. Phase I/Phase II Environmental Site Assessments identified two heating oil underground storage tanks remaining on-site, one of which was previously closed in place. Asbestos containing materials, lead based paint and polychlorinated biphenyls-containing bulbs and ballasts were identified in the building.

In accordance with a remedial action plan approved by Brownfields/Voluntary Cleanup Program, the asbestos containing materials, lead based paint and polychlorinated biphenyls-containing materials were successfully removed. The underground storage tank not closed in place was also removed, along with some soil contaminated with polycyclic aromatic hydrocarbons. The remediation reduced the chemicals of concern to levels appropriate for unrestricted land use. A Statement of Closure form was filed in the property’s chain of title to record the location of the closed-in-place underground storage tank. The building will be developed for commercial or retail use on the first floor and residential loft apartments on the upper floors.

Bankers Lofts in St. Louis
The department’s Brownfields/Voluntary Cleanup Program issued a Certificate of Completion for the Bankers Lofts Building at 901 Washington Avenue in St. Louis, for cleanup of asbestos containing materials, lead-based paint and other miscellaneous materials.
The Bankers Lofts Building, built in the early 1900s, is a seven-story building that was historically home to several financial institutions. It has also been used for warehouse and retail space.

In accordance with a remedial action plan approved by Brownfields/Voluntary Cleanup Program, the asbestos containing materials, lead-based paint and other miscellaneous materials, were successfully removed, with the exception of some limited lead-based paint, which was encapsulated. An Operations and Maintenance plan was approved for the remaining lead based paint and filed in the property’s chain of title. The building will be developed for commercial or retail use on the first floor and residential loft apartments on the upper floors.

Lucent Technologies Facility in Lee’s Summit
The department’s Brownfields/Voluntary Cleanup Program issued a certificate of completion for the former Lucent Technologies Facility site in Lee’s Summit, Missouri. In October 1997, Lucent Technologies Inc. entered the Brownfields/Voluntary Cleanup Program for the cleanup of soil and groundwater at the site.

Western Electric Corporation began operations in this manufacturing facility in 1960. The site formerly had been used as a horse training facility and pastureland. Western Electric became ATandT in 1984. In 1996, ATandT divested its manufacturing facilities in the form of a new company called Lucent Technologies Inc. Lucent sold the property to Townsend Summit, LLC in September 1997. Townsend is the “beneficial owner” and ground lessee for the project. The city of Lee’s Summit is the “fee owner” for the project. Agere Systems Inc. (successor to Lucent) is acting as the remedial project manager for the site on behalf of Lucent.

The site, which covers about 321 acres, originally consisted of three interconnected office buildings and 16 service buildings. From 1960 through the 1990s, the facility produced microelectronic parts and coatings for use in telecommunications and data processing equipment. The facility produced transistors, connectors, diodes and expitaxal coatings. Products included thick and thin film hybrid integrated circuits, sealed contacts, switches and relays, radioactive cold cathode tubes, traveling wave tubes, resistors and 255-K integrated circuits.

Subsurface investigations have documented both soil and groundwater impacts from historic use of chlorinated solvents (trichloroethene and its breakdown product cis-1,2-dichloroethene) in manufacturing and assembly operations previously performed at the facility. In addition, polycyclic aromatic hydrocarbons and select inorganic parameters were also documented in soil
and groundwater.

Remedial activities were selected based on the ability to prevent or eliminate exposure to contaminants via the soil leaching to groundwater, ingestion, dermal contact and inhalation exposure pathways and the groundwater ingestion exposure pathway.

Response activities include:

Removal and off-site disposal of soil contaminated with polycyclic aromatic hydrocarbons and chlorinated solvents;
Treatment of a chlorinated solvent plume in the shallow groundwater with chlorine dioxide;
Removal of large numbers of above and below ground product storage tanks;
Treatment of an area of highly-contaminated soils with BIOXÒ under the floor of Building 50, then using a portion of Building 50’s floor as an “engineering control” to prevent exposure to residual levels of contaminants;
Installation of a permeable reactive barrier iron-filled trench at the downgradient edge of the “west” groundwater contaminant plume to remediate and prevent off-site migration of contaminants, and incorporate a grout “funnel” system to promote contaminated groundwater flow towards the treatment trench;
Installation of a performance permeable reactive barrier in the area of highest groundwater contamination within the west groundwater contaminant plume area to promote rapid degradation of contaminants before they had a chance to migrate and,
Property-specific institutional controls, filed in the property chain of title, prohibiting use of
groundwater and controlling certain future uses and access.

The department determined the property is safe for its intended use. One building and the 16 service buildings were recently demolished in order to enhance facility “green” space as part of continuing site redevelopment activities. Townsend is currently developing the site as a commercial or office complex for lease to tenants in a campus-type setting.

Solae Headquarters in St. Louis
The department’s Brownfields/Voluntary Cleanup Program issued a Certificate of Completion for the Future Solae Headquarters at 4316 Duncan Avenue in St. Louis, for cleanup of total petroleum hydrocarbons in soil and proper closure of a fuel oil underground storage tank.

This site is the former location of the Shaughnessy Kniep Hawe Paper Company. Soil contamination and an old fuel oil underground storage tank were discovered during re-grading activities in preparation for redevelopment of the site. A limited site assessment confirmed the presence of gasoline total petroleum hydrocarbons in the soil at levels exceeding of Missouri Risk-Based Corrective Action default target levels.

In accordance with a remedial action plan approved by the Brownfields/Voluntary Cleanup Program, the fuel oil underground storage tank was removed and the total petroleum hydrocarbons-contaminated soil was excavated and disposed. Additional site
characterization was also conducted and indicated that no contamination was present in the site’s groundwater above the default target levels. The remediation reduced the chemicals of concern to levels appropriate for unrestricted land use. The site will be developed as the headquarters for the Solae Company, which makes soy-based food products.

Mid-States Paint and Chemical Company in St. Louis
The department’s Brownfields/Voluntary Cleanup Program issued a Certificate of Completion for Mid-States Paint and Chemical Company site in St. Louis. In July 2002, Mid-States entered the Brownfields/Voluntary Cleanup Program for the cleanup of soil and groundwater.

The one-acre site has been used since 1954 at 9315 Watson Industrial Park. Surrounding land use is commercial and industrial. In August 1998, the department received a closure report for the removal of four underground storage tanks containing commercial technical grade solvent including toluene, xylene, VMP Naptha and mineral spirits.

An Environmental Site Assessment revealed contaminants in soil and groundwater including benzene, xylene, acetone, Methyl tertiary butyl ether (MTBE), toluene, ethylbenzene, total petroleum hydrocarbons, 1,3,5-trimethylbenzene, 1,2,4-trimethylbenzene, 1,1-dichloroethene, isopropylbenzene and naphthalene.

In 2003, per a Brownfields/Voluntary Cleanup Program approved remediation plan, Mid-States excavated contaminated soil, disposed it off-site and applied Oxygen Release Compound in the excavation bottom to degrade the residual product in the soil. Mid-States performed additional subsurface investigation to support a Missouri Risk-Based Corrective Action Tier 2 Risk Assessment. The Risk Assessment verifies that remaining contamination does not pose an unacceptable risk to human health, or the environment for current and future non-residential land use of the property. Therefore, the department determined that no additional remedial action was necessary to address risks at the site as long as institutional controls are in place restricting the property to non-residential land use.

This brings the total number of sites cleaned up under the Brownfields/Voluntary Cleanup Program to 325.

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

DEPARTMENT OF NATURAL RESOURCES ISSUES AIR PERMIT TO LIFELINE FOODS IN ST. JOSEPH
The Department of Natural Resources issued an air pollution permit on Lifeline Foods in Buchanan County. The proposed plant will use corn to produce ethanol.

The permit enables construction of a new ethanol plant at its existing food projects plant located at 2811 S. 11th St., St. Joseph.

After it is completed, the proposed plant will have a maximum production capacity of 50 million gallons of denatured ethanol annually.

The Department of Natural Resources conducted a thorough review of the proposed ethanol plant. One part of the review analyzed the impact of the ethanol plant’s air emissions on the area considering all the other air emission sources. Based on this review, the proposed plant, operated as permitted, will comply with applicable air quality standards and regulations. The permit requires the use of a variety of control equipment such as baghouses, wet scrubbers, condensers and thermal oxidizers.

Although regulations do not require a public notice period for this type of air permit, all air permits issued by the department are available for review online at www.dnr.mo.gov/env/apcp/air_permits.htm.

For more information concerning the permitting process or to obtain a written copy of the permit for review, contact the department’s Air Pollution Control Program at P.O. Box 176, Jefferson City, MO or call 800-361-4827 or 573-751-4817.

DEPARTMENT ADDRESSES NON-COMPLIANT WELLS
The Department of Natural Resources has developed a strategy for bringing into compliance a large number of wells that were not constructed to proper public well standards. This strategy will address wells that are already in existence and will not apply to any new wells that are improperly constructed.

The department reminds all well installation contractors of their responsibility to make sure they are installing the correct type of well for the usage. For instance, a private well may only be installed if the well will be used to supply water for 1 to 3 residences. Multi-family wells may serve no more than 14 residences or 25 people.

Any well that has 15 or more connections or serves more than 25 people per day, 60 days out of the year, must be constructed to public well standards.

Examples of facilities that commonly require a public well include churches, day care centers, convenience stores, restaurants, motels, hotels, factories, public restrooms, commercial businesses, mobile home parks and subdivisions.

The department urges all well drillers to discuss the usage of the well with their customers to ensure the proper well is being installed. If the department determines that an improper well has been installed, it will take action against the well driller, well owner, or both depending on the circumstances.

In 2006, the department’s Wellhead Protection Section began requiring the well owner’s signature, attesting to the usage of the well, on domestic and multi-family wells as a condition of certification. It is highly recommended that all drillers ensure the well owners sign the well certification form as a condition of completing work.

This may assist the driller in the future if the landowner begins to use a domestic well for public use, such as, for a day care or restaurant. Do not hold the record past 60 days if the driller is unable to obtain the owner’s signature before submitting the record. Submit the record and Wellhead Protection staff will send a letter to the owner requesting their signature.

For more information, call the department’s Wellhead Protection Section at 573-368-2165.

DEPARTMENT ACCEPTING COMMENTS ON PROPOSED AIR REGULATIONS AND MISSOURI STATE IMPLEMENTATION PLAN REVISIONS
The Department of Natural Resources is currently accepting public comment on two proposed rule amendments concerning state air pollution regulations and one proposed revision to the Missouri State Implementation Plan.

The Missouri Air Conservation Commission will hold a public hearing on the proposed rule and plan revisions Thursday, Sept. 27. The public hearing begins at 9 a.m. in Salon A at the Radisson Hoteland Suites at 1301 Wyandotte in Kansas City.

One rule amendment proposed for revision is 10 CSR 10-2.210, Control of Emissions from Solvent Metal Cleaning. This proposed amendment clarifies exemptions in the rule for hand cleaning and wiping and for flush cleaning operations. It also adds definitions for new and previously undefined terms and clarifies the rule language regarding operating procedure requirements for spray gun cleaners and airless and airtight cleaning systems.

A second amendment proposed for revision is 10 CSR 10-6.260, Restriction of Emission of Sulfur Compounds. This amendment makes changes to the sulfur dioxide emission rates and averaging times for Kansas City Power and Light Hawthorn and Montrose Station units. It also makes other minor clarifications.

A proposed change to the Missouri State Implementation is also being considered. This revision includes a modified basic operating permit for American Commercial Lines Transportation Services. The modified permit incorporates operating procedures and record keeping requirements that reduce fugitive particulate matter emissions from the facility.

The Department of Natural Resources requests people intending to give verbal presentations on the proposed rule actions to 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 until 5 p.m. on Oct. 4.

Comments can be made electronically on the Web or written comments can be sent 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. The department is required to respond to all comments in writing as part of the rulemaking process. Written comments and oral public hearing testimony are treated with equal consideration.

The proposed rule and plan revisions are available for review on the Public Notice section of the Web site at www.dnr.mo.gov/env/apcp/index.html and at the following Department of Natural Resources offices:

Air Pollution Control Program, 1659A E. Elm St., Jefferson City, 573-751-4817.
Kansas City Regional Office, 500 NE Colbern Rd., Lee’s Summit, 816-622-7000.
Northeast Regional Office, 1709 Prospect Dr., Macon, 660-385-8000.
Southeast Regional Office, 2155 N. Westwood Blvd., Poplar Bluff, 573-840-9750.
St. Louis Regional Office, 7545 S. Lindbergh, Ste. 210, St. Louis, 314-416-2960.
Southwest Regional Office, 2040 W. Woodland, Springfield, 417-891-4300.

MISSOURI SALVAGE YARDS CUT DANGER OF MERCURY EMISSIONS
Missouri ranks 9th in country with 12,329 switches eliminated
Salvage yards in Missouri have recovered 12,329 mercury switches from scrap vehicles, according to the Missouri Department of Natural Resources. Missouri ranks ninth out of 48 states participating in the End of Life Vehicle Solutions program, known
as ELVS.

Missouri joined the program in November 2006. The Department of Natural Resources asked auto salvage yards to sign up for the program and help reduce mercury contamination by collecting mercury switches from scrap vehicles.

“I’m pleased with the number of salvage yards participating in the program and switches recovered. I hope these numbers will continue to grow,” said Department of Natural Resources Director Doyle Childers. “By collecting mercury switches from scrap vehicles, recyclers and dismantlers are playing a critical role in protecting our health and environment.”

The success of this program is due in large part to the department’s Ombudsmen Program. The department’s seven ombudsmen, who are located at regional and satellite offices throughout the state, personally visited 147 salvage operations to encourage their participation in this program.

Recyclers and dismantlers find the pellet-sized mercury switches in the lights under trunk and hood compartments and in anti-lock brakes of some vehicles built as late as the 2002 model year. ELVS arranges for the shipping and recycling of the mercury switches collected at the facility free of charge to those participating in the voluntary program.

Mercury is extremely toxic to humans and can affect the central nervous system. If mercury is not properly collected and managed, it can also affect the environment. Removing mercury switches before they are crushed, shredded or melted for recycling will help eliminate additional releases of mercury.

Fish tissue sampling indicates that mercury contamination is widespread and present in fish throughout Missouri. Each year, the Missouri Department of Health and Senior Services issues an advisory for fish consumption. Anyone eating fish contaminated with mercury can be affected, especially pregnant women, nursing mothers and children under 13 years old.

The National Vehicle Mercury Switch Recovery Program was formed as a result of an agreement reached in August 2006 by representatives from the dismantlers, automotive steel and scrap industries; environmental groups; U.S. Environmental Protection Agency; and the Environmental Council of the States, which is a national group representing state governments.

As part of the program, the auto industry organized the ELVS, a not-for-profit corporation.

If you have any questions or would like to sign your facility up for the ELVS program, please call toll-free at (877) 225-ELVS (3587), or send an e-mail to info@elvsolutions.org, or visit the Web at www.elvsolutions.org, or by mail to ELVS, P.O. Box 3282, Farmington Hills, MI 48333-3282.

DEPARTMENT IDENTIFIES WATER SYSTEMS THAT FAIL TO COMPLY WITH TESTING REQUIREMENTS
The Department of Natural Resources has released a list of 31 drinking water systems that have chronically failed to conduct required bacteriological testing.

The department requires all public water systems to test for bacteria at least once a month to verify 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 vast majority of community and non-community public water systems in Missouri comply with all monitoring requirements and meet all drinking water standards. Chronic violators are the exception rather than the rule, as this current list of 31 systems
represents only 1.1 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 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, 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.

The following drinking water systems have failed to conduct all required testing to prove their water is safe for consumption:

County - Public Drinking Water System
Barry - Country Diner
Benton - Sun Valley Subdivision
Camden - Donna’s Ice House, Knoockers,
Little Willie’s, Mariner’s Pier 31
Franklin - Charmwood Subdivision, Native
Experience Campground
Greene - Crossroad Convenience Store, Dalmas Feed Bunk Café
Hickory - Nemo Bridge Resort
Jasper - The Hitchin Post
Jefferson - Country Aire Estates, Pro Stop
Johnson - Hazel Hill Mobile Home Park
Lawrence - Camp Wakonda, Youngberg Estates Mobile Home Park
Miller - Village Marina
Mississippi - Merryweather Meadows
Morgan - Painted Pony, Smoked on the Water,
Uncle Sam’s Ice Cream and Deli
Polk - Litton’s One Stop
St. Louis - Concord Village Youth Sports Complex, Crescent Farms Golf Club
Stone - Starlight Village, Starrlite Village 4th Addition, Stormy Point Campground and Resort, Turner Estates Subdivision
Washington - Paco’s C-Store
Wayne - Clearwater Lake Resort

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

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 ISSUES AIR PERMIT TO RENEWABLE POWER OF CAPE GIRARDEAU
The Department of Natural Resources has issued an air pollution permit to Renewable Power of Cape Girardeau. The proposed plant will use corn to produce ethanol.

The permit enables construction of a new ethanol plant at the southwest corner of Nash Road and County Road 217 in Cape Girardeau County.

Once completed, the plant is projected to produce 93 million gallons annually.

The department conducted a thorough review of the proposed ethanol plant. One part of the review analyzed the impact of the ethanol plant’s air emissions on the area considering all the other air emission sources including the nearby cement kiln and other proposed ethanol plants. Based on this review, the proposed plant, operated as permitted, will comply with applicable air quality standards and regulations. The permit requires the use of a variety of control equipment such as baghouses, wet scrubbers, condensers and thermal oxidizers.

This permit brings the total number of permitted ethanol plants for the Cape Girardeau area to two; neither is operational yet. The department is also reviewing two other air permit applications for ethanol plants in the Cape Girardeau/Scott City area.

All air permits issued by the department are available for the public to review online. The final air permit is available on the department’s Web site at www.dnr.mo.gov/env/apcp/air_permits.htm.

For more information concerning the permitting process or to obtain a written copy of the permit for review, please contact the department’s Air Pollution Control Program at P.O. Box 176, Jefferson City, MO or call 800-361-4827 or 573-751-4817.

The permit may be appealed, as page two of the permit details, by sending an appeal to the Administrative Hearing Commission, P.O. Box 1557, Jefferson City, MO 65101 as provided in RSMo 643.075.6 and 621.250.3. The appeal must be filed within 30 days of the permit issuance, which was July 30, 2007.

DEPARTMENT SEEKS COMMENT ON PETITION, RECOMMENDATION FOR HOLCIM/ENERGIS OF CLARKSVILLE
The Missouri Department of Natural Resources is inviting the public to review and offer written comments on a variance petition that would give Holcim (U.S.) Inc./Energis LLC more flexibility in unloading hazardous waste from railcars.

The department is also seeking comments on the department’s recommendation to the Missouri Hazardous Waste Management Commission to approve the variance petition with conditions. This variance petition is the same as the variance the commission approved for Holcim in October 2006, which expires October 2007.

The department will accept public comments on both documents until Sept. 21. Send written comments to Richard Hock, Missouri Department of Natural Resources, Hazardous Waste Program, P.O. Box 176, Jefferson City, MO 65102-0176. Anyone may request a formal public hearing during the 30-day public comment period by writing to Hock. If no public hearing is requested, the commission can decide on the matter no sooner than Sept. 21.

Holcim is located on Hwy. 79 North, two miles north of Clarksville in Pike County. Holcim operates a single, 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 both 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. Energis LLC, a department within Holcim, operates the on-site liquid and solid hazardous waste fuel programs.

The department received Holcim’s petition for a variance from Missouri Hazardous Waste Management Regulation 10 CSR 25-7.264 (3)(B)2 on June 22. According to state regulations, “The owner/operator shall unload hazardous waste from an incoming railcar within 72 hours of receipt of the shipment.” Holcim handles approximately 170 railcars a year. Holcim is unable to control the scheduling and routing of incoming railcars from the railroad. This results in the railroad staging incoming railcars in various other, potentially less secure, locations off Holcim’s property until the company can accept them.

The Department of Natural Resources has reviewed the variance petition and determined the request to be non-substantive. The department has recommended the commission grant the variance petition with conditions. If the commission agrees with the department’s recommendations and approves the variance petition, Holcim would be allowed 10 days from receipt of the shipment to unload hazardous waste from incoming railcars. As a result, Holcim would have the flexibility to stage more railcars on
its property.

Railcars staged at Holcim’s facility are regularly inspected for leaks, spills or other problems or hazards. Holcim is also required to identify any newly discovered releases, such as a railcar leaks or releases, on its property and conduct an investigation
under the corrective action part of their hazardous waste permit.

The Department of Natural Resources posted the variance petition and department’s recommendation on its Web site at www.dnr.mo.gov/env/hwp/permits/notices.htm. The public can review and copy the variance petition, department’s recommendation and supporting documents at the following locations:

Bowling Green Free Public Library
201 West Locust, Bowling Green

or by appointment at

Missouri Department of Natural Resources
1738 East Elm St. (lower level), Jefferson City
Phone: 573-522-3345

Citizens may call or write the department at any time to request to have their name placed on Holcim’s mailing list. By doing this, they will receive notice from the department or Holcim on any major permitting and cleanup activities at the facility.

For more information, contact Hock by telephone at 573-751-3553 or 800-361-4827 or by e-mail at richard.hock@dnr.mo.gov. Hearing and speech-impaired people may reach Hock through Relay Missouri at 800-735-2966.

DEPARTMENT AND EPA SEEK COMMENTS ON DRAFT HAZARDOUS WASTE PERMIT MODIFICATIONS FOR LONE STAR INDUSTRIES INC.
The Department of Natural Resources and the U.S. Environmental Protection Agency, Region 7 are inviting the public to review and offer written comments on draft hazardous waste permit modifications for Lone Star Industries Inc.

The department or EPA will accept public comments until Oct. 1. Anyone may request a public hearing on the draft permits during the 45-day public comment period. Hearing requests must state specific issues or concerns.

Lone Star is located at 2524 South Sprigg St. in Cape Girardeau and operates an active dry process cement kiln to produce Portland cement. Lone Star primarily uses coal to heat its kiln. To supplement its fuel needs, Lone Star also uses non-hazardous waste fuels, such as tires and used oil, and hazardous waste fuels.

Most of the hazardous waste comes from off-site hazardous waste generators or third party hazardous waste blenders or brokers. The hazardous waste is received in bulk and stored in tanks until fed to the kiln as liquid fuel.

The draft hazardous waste permits include two parts. The department issued the draft Missouri Hazardous Waste Management Facility Part I permit. EPA issued the draft Hazardous and Solid Waste Amendments Part II permit. If issued as written, the resulting final permit modifications will allow the facility to convert two burn tanks into storage/blend tanks and build and operate two new burn tanks. The permit has also been updated to clearly outline what units are permitted at the facility and update permit conditions.

The draft permit modifications and fact sheet are available on the departments’ 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 modification request, draft permit modifications Parts I and II, fact sheet and supporting documents at the following locations:

Cape Girardeau Public Library
711 North Clark St., Cape Girardeau
Missouri Department of Natural Resources
1738 East Elm St. (lower level), Jefferson City
Phone: 573-522-3345

By appointment or between 7 a.m. and 5 p.m., Monday through Friday (not including federal holidays), at

U.S. Environmental Protection Agency, Region 7 - Records Center
901 North Fifth St., Kansas City, KS
Phone: (913) 551-7166

Comments on the draft permit modifications need to point out legal or technical issues. The department and EPA have provided a redline version of the original permits to clearly show what conditions are being modified. Deletions are shown as red strikeouts, and additions are in blue and underlined. Only the conditions being modified are open for public comment. All other conditions of the original permits will remain in effect for the length of the permits. Please send written comments on

(Part I)
Robert A. Clay
Missouri Department of Natural Resources
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102-0176

(Part II)
Ken Herstowski
U.S. Environmental Protection Agency, Region 7
RCRA Corrective Action and Permits Branch
901 North Fifth St.
Kansas City, KS 66101

Anyone may call or write Clay at any time to request to have their name placed on Lone Star’s mailing list. You will then receive notice from the department or Lone Star on any major permitting and cleanup activities at the facility.

For more information about the draft Part I permit modifications, contact Clay by telephone at 573-751-1384 or 800-361-4827
or by e-mail at robert.clay@dnr.mo.gov. Hearing and speech-impaired people may reach Clay through Relay Missouri at
800-735-2966.

For more information about the draft Part II permit modifications, please contact Herstowski by telephone at (913) 551-7631 or
800-223-0425 or by e-mail at herstowski.ken@epa.gov.

MISSOURI TAKES FOURTH PLACE AT 2007 CANON ENVIROTHON
A five-member team of high school students from Parkway North High School in St. Louis County took fourth place at the 2007 Canon Envirothon, a weeklong North American environmental education competition.

The competition, sponsored by Canon U.S.A. Inc., was held July 29 through Aug. 3 at the Hobart and William Smith colleges in Geneva, New York. More than 260 teenagers from 44 U.S. states and nine Canadian provinces studied environmental issues and resource conservation, while competing for a share of more than $100,000 in scholarships and prizes. Each student on the Missouri team received a $2,000 scholarship and Canon equipment. Team members include Amal Al-Lozi, Sam Fok, Rebecca Frankenberger, Rebecca Goldstein and Eva Pearlstone. Their advisors are Russ and Sarah Barton.

“This was our year. After many hours of hard work from lots of people around the state, it was time for Missouri to get into the top 10,” said Judy Stinson, environmental education and information specialist for the Missouri Department of Natural Resources. “This win reminds me of a Tom Hanks quote, ‘If it wasn’t hard, everyone would do it. It’s the hard that makes it great.’ For Missouri, it’s great!”

The Canon Envirothon tests students on their knowledge of soils and land use, aquatic ecology, forestry, wildlife and an additional current environmental issue. The theme of this year’s competition was Alternative/Renewable Energy.

The competing teams focused on the efficient use of energy generated from traditional sources and the development of renewable energy resources.

Each team’s knowledge is tested under the supervision of foresters, soil scientists, wildlife specialists and other natural resource professionals. Teamwork, problem solving and presentation skills are evaluated as each team offers a panel of judges an oral presentation containing recommendations for solving the specific challenge that is presented during the competition.

The 2008 national competition will be held at Northern Arizona University in Flagstaff, Az., July 28 through Aug. 3, 2008.

Sponsors for the Missouri Envirothon include the Missouri Department of Natural Resources, the Missouri Association of Soil and Water Conservation Districts, local soil and water conservation districts, the Missouri Department of Conservation, the Missouri Soil and Water Conservation Districts Employee Association, the U.S. Department of Agriculture Natural Resources Conservation Service, the University of Missouri Extension, the Show-Me Chapter of the Soil and Water Conservation Society and Bass Pro Shops.

For more information about the Missouri Envirothon, contact Judy Stinson at 800-361-4827 or 573-751-4932 or Peggy Lemons at
573-893-5188, ext. 3.

EPA COMMENTS ON REPORT ON MINE TAILINGS SUPERFUND SITE IN ST. FRANCOIS COUNTY
EPA has reviewed and commented on a draft engineering report on the Federal Mine Tailings Superfund Site in St. Francois County. The study was authored by the Doe Run Corp. and the Missouri Division of State Parks, both potentially responsible parties at the site. EPA has determined that the report lacks sufficient detail to evaluate how exposures to mine waste would be prevented and human health would be protected.

EPA’s comments focus on transitioning off-road vehicles and recreational activities away from the mine waste piles in St. Joe State Park. The continued use of the park for off-road vehicle riding and recreation in the mine tailings is inconsistent with EPA’s approach to reducing lead exposure in St. Francois County. Response actions have been necessary at similar mine waste piles in St. Francois County because the off-site migration of lead-contaminated tailings posed a health threat to nearby residents. The contamination can also be tracked into homes, resulting in an increased risk of exposure. Missouri has consistently concurred on these response actions, which were necessary to minimize exposure to mine waste and protect human health.

The park is 8,200 acres, of which approximately 1,000 acres are mine waste. EPA’s goal for the St. Francois County Mining Area includes reducing overall lead exposures by stabilizing waste piles, replacing contaminated soils, providing health education, and restricting unsafe uses of mine waste. EPA believes that additional alternatives, which incorporate future use options envisioned for the park or alternative means of conducting current recreational activities at the park, should be evaluated fully prior to additional review or acceptance of the current report recommendations.

EPA would like to work collaboratively with the state and other interested parties to develop alternatives that are consistent with other comparable response actions in St. Francois County and that are protective of human health and the environment.

DEPARTMENT WORKS TO REDUCE BACKLOG OF PETROLEUM STORAGE TANK CASES
The Department of Natural Resources received $220,000 in grant money from the U. S. Environmental Protection Agency for petroleum storage tank work. The department will use the grant money to increase the number of cleanups completed and reduce the idle site backlog. This initiative will help protect public health and the environment and return the properties to productive use.
The department’s Hazardous Waste Program currently has 1,454 active underground and aboveground petroleum storage tank facilities in various stages of the investigation and cleanup process. The department is actively working with responsible parties and their consultants on 500 to 600 sites that are conducting appropriate cleanup activities. However, the remaining facilities have been sitting at idle speed waiting for additional information from responsible parties. Generally, sites can become idle when responsible parties or their consultants fail to respond to correspondence from the department.

The department received the $220,000 additional grant monies from the U.S. Environmental Protection Agency through a Regional State Improvement Project grant. Responsible parties are required by law to properly close or clean up abandoned or leaking petroleum storage tank facilities. When proper cleanups are completed, the Department of Natural Resources can issue a No Further Remedial Action letter. The letter indicates the department has evaluated the site under the its cleanup process and shows no risk to human health and the environment.

For more information on the project backlog issues, please contact Ken Koon at 800-361-4827 or 573-526-0971 or at ken.koon@dnr.mo.gov.

DISPOSAL OF WASTEWATER IN RESIDENTIAL HOUSING DEVELOPMENTS
The Missouri Department of Natural Resources recently updated the Disposal of Wastewater in Residential Housing Developments fact sheet. The publication addresses questions from developers who are interested in addressing wastewater issues in
subdivisions and finding out whether their development will need approval from the department.

To reduce any possible delays with a development and to assist with other permits that may be needed for a subdivision, the department recommends you visit the Permit Assistant Web site at www.dnr.mo.gov/mopermitassistant.

The department understands there is an infinite number of “What if” questions that the Permit Assistant site or other related fact sheets may not be able to be answer. If you still have additional questions, please contact the department for assistance with your specific questions before proceeding with any project. Do not let a misunderstanding or misinterpretation of any rule cause delays with your project.

Other developments regulated by the Residential Housing Rule (10 CSR 20-6.030) include mobile home parks, recreational developments (RV Parks) and multiple family housing units. The department recommends you visit the Permit Assistant Web site, review the related fact sheets or contact the department to determine if your project requires approval.

Related Department Fact Sheets

Disposal of Wastewater in Residential Housing Developments - PUB2225

Who Regulates Wastewater in Missouri? - PUB1296

On-site Wastewater Disposal in a Subdivision - PUB2226

Multi-Family Subsurface Soil Absorption Decentralized Cluster Systems - PUB2155

Storm Water Permit Requirements for Land Disturbance Activities - PUB2009

Water Well Construction - PUB2197

Wellhead Protection Section - Frequently Asked Questions - PUB2193

DEPARTMENT GIVES COOL SUMMER TIPS FOR SAVING ENERGY COSTS
With temperatures across much of Missouri recently soaring over 100 degrees, the Missouri Department of Natural Resources’ Energy Center offers the following tips for “keeping your cool” and saving energy costs during hot weather. Many households can cut cooling costs and lower energy bills by trying some of these tips:

Set your thermostat as high as comfortably possible. The less difference between the indoor and outdoor temperatures, the lower your overall cooling bill will be.
Use a programmable thermostat with your air conditioner to adjust the setting at night or when no one is home.
Use a fan with a window air conditioner to spread cool air effectively through your home without greatly increasing power use.
Don’t set your thermostat at a colder setting than normal when you turn on your air conditioner. It won’t cool your home any faster, and could result in excessive cooling and unnecessary expense.
Don’t place lamps or TVs near your air conditioner’s thermostat. The heat from these appliances will cause the air conditioner to run longer.
Shade your windows. Sunny windows can make an air conditioner work two to three times harder. Close curtains on south- and west-facing windows during the day. Install white window shades, drapes, or blinds to reflect heat away from the house. Apply sun-control or other reflective films on south-facing windows.
Weatherize. Air leaks waste energy dollars year-round, so caulking and weather-stripping will keep cool air in during the summer. Add insulation around air conditioning ducts when they are located in unconditioned spaces such as attics, crawl spaces, and garages. If you see holes or separated joints in your ducts, hire a professional to repair them. Check to see that your fireplace damper is tightly closed.
For long term savings: if your air conditioner is old, the new energy efficient models can save you up to 50 percent on your cooling bills. Look for the ENERGY STAR®.

These tips for saving energy costs and more tips for everyday energy savings are available by visiting the Energy Center’s Web page at www.dnr.mo.gov/energy/coolingtips.htm.

The department’s Energy Center is a nonregulatory state office that works to protect the environment and stimulate the economy through energy efficiency and renewable energy resources and technologies.

EPA AWARDS $100,000 TO REDUCE LEAD POISONING
EPA Region 7 has awarded a grant for $100,000 to Grace Hill Neighborhood Health Centers Inc. in St. Louis to reduce lead poisoning.

EPA Region 7 Administrator John B. Askew said, “Protecting our children from lead poisoning is a top priority for EPA. These grants support the federal goal to eliminate lead poisoning in children by 2010 in partnership with local community organizations.”
Lead poisoning is one of the most serious health threats to children. High levels of lead in children can cause a range of health effects, from learning disabilities to seizures and death. Children less than six years old are most at risk, because their developing nervous systems are especially vulnerable to lead’s effects.

The grant is part of $5.2 million in grants awarded this year. The grant projects will identify children at risk for lead poisoning, increase the number of blood tests, provide lead poisoning educational materials in English and Spanish, and offer in-home inspections to identify lead hazards.

DEPARTMENT OF NATURAL RESOURCES RECEIVES BEST STATE INNOVATION AWARD FOR PERMIT ASSISTANT
Gov. Matt Blunt lauded the Missouri Department of Natural Resources for answering his charge to apply available technology to improve customer service. The Department has received national recognition for their innovative Internet program, called
Permit Assistant.

“We continue to make state government services more accessible and easy to use and I applaud the Department of Natural Resources for answering my call to make it easier than ever before for Missouri’s businesses and communities to protect our natural resources,” Gov. Matt Blunt said. “With these improvements we are better serving Missouri businesses, communities and citizens.”

The Environmental Council of the States, a national non-profit, non-partisan association of state and territorial environmental agency leaders, awarded the department with the Best State Innovation Award for Permit Assistant. The innovative program helps those seeking permits by making information easily accessible on the department’s Internet site.

Permit Assistant is available at www.dnr.mo.gov/mopermitassistant/.

“States have stepped up to solve many of the nation’s environmental problems, such as climate issues, control of new contaminants, and air quality,” said Steve Brown, executive director of the Environmental Council of the States. “Missouri’s Permit Assistant is yet another fine example of state leadership.”

The Department of Natural Resources developed the program in coordination with the Information Technology Services Division in the Office of Administration and tested the application online with many customers and in small focus groups.

“This reflects the governor’s and the department’s way of doing business, with an increased emphasis on customer service and bringing departmental resources closer to the citizens we serve,” said Department of Natural Resources Director Doyle Childers. “With an increasing number of permits and more federal requirements to respond to in a timely manner, we must work smarter rather than use more hands to do the work.”

Other recent compliance assistance and customer service improvements in the Department of Natural Resources include a redesigned Internet site, improvements to the permitting process, online manuals, the addition of several new satellite offices and the Ombudsman Program.

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.

EER STAFFERS INVESTIGATE ABANDONED DRUMS IN TRAILER
Environmental Emergency Response staffers stationed at Route 66 State Park near St. Louis get abandoned container calls regularly, but when the St. Louis County Health Department called in August to report an abandoned trailer with 16 unidentified drums, it raised eyebrows.

“Usually we respond and its one to three abandoned containers on a normal call,” said Adam Vrabec, an EER state on-scene coordinator. “This call was a fairly large drum job.”

Large enough, in fact, that Vrabec, who served as the project manager for the response, and EER teammate Skip Ricketts were joined by Jefferson City responders Alan Cortvrient, Dean Lamb and Larry Lehman to conduct the testing and sampling.

“Residents reported that the trailer, which had been left in front of an empty lot in a low-income St. Louis neighborhood, had been abandoned for nearly a year,” said Joe Thele, a project manager for the City of St. Louis Neighborhood Stabilization Team.

“When city officials responded to the report, they found the trailer full of tires. It was in the process of removing the tires that the drums were found, and the EER spill line was called,” Thele said.

To avoid compounding the heat of wearing protective gear with the projected high temperatures in excess of 100 degrees, the responders started before 7 a.m. By 10:30 a.m., samples were taken and field tests completed. Initial tests determined that several of the barrels contained waste oil, while the remainder contained gasoline.

In a positive development, investigators believe they found the source of the material, improving the chance that the responsible party may be held accountable for the cleanup. . Most abandoned container cases go unsolved, Vrabec said. “Ninety-five percent of the time the person who dumped it can’t be found,” he said.

Since the first of the year, EER has investigated more than 30 abandoned container calls. EER staff members have investigated more than 350 abandoned container calls since 2002.

KANSAS CITY REGIONAL OFFICE ASSISTS IN EMERGENCY COMPLIANCE ASSISTANCE
On July 7, 2007, the Missouri Department of Natural Resources’ Environmental Emergency Response Spill Line received a report of the deaths of 850 sows at a concentrated animal feeding operation (CAFO) located just south of Higginsville, near Concordia, Missouri.

Flagship Farms, LLC, reported that the deaths were the result of heat/asphyxiation that resulted from a mechanical malfunction at the facility. The Environmental Emergency Response Spill Line Duty Officer, Brad Harris notified the department’s Kansas City Regional Office Environmental Manager Dorothy Franklin and contacted the Department of Agriculture. The Department of Agriculture indicated that if there were no water pollution concerns from the Department of Natural Resources, their preferred method for disposal of the dead animals would be on-site burial.

However, based upon map studies conducted by Kansas City Regional Office soil scientists, Craig Chatfield and Tim Knoernschild, it was determined that the soil suitability might severely limit the option of on-site burial. A facility site visit by Franklin and Knoernschild further revealed that the availability of suitable soil made on-site burial an impractical option.

Kansas City Regional Office Director Karl Fett, used a fact sheet on the department’s Web site discussing the option of taking the sows to a rendering plant for disposal and called the nearest one. With thinking caps on, and the Department of Agriculture’s and the Department of Natural Resources’ regulations in mind, the Kansas City Regional Office was able to provide the facility representative and veterinarian,

Dr. Jack Coleman, with alternative options for disposal of the dead sows. Coleman decided to compost some of the sows on-site, send the majority of the sows to a rendering plant and send the remaining sows to a landfill.

On the following Monday morning, Kansas City Regional Office Water Pollution Inspector Joe Heafner went to the facility to provide further compliance assistance by conducting an Environmental Assistance Visit. Heafner worked with the facility to address composting and water pollution issues.

On Aug. 22, 2007, Heafner returned to the site to conduct a second Environmental Assistance Visit. Heafner discussed all regulatory requirements, addressed areas of concern and success and answered Coleman’s questions. Coleman says the farm is back to normal capacity on sows but not yet on piglets.

It will be about six months before the farm is back to normal capacity. When asked if department was helpful the day of this incident, Coleman stated, “Because this happened on a weekend I couldn’t get in touch anybody. I tried several numbers and got recorders. Through the department’s Emergency Spill Line, I was able to be in contact with Dorothy Franklin and then Tim Knoernschild. Karl Fett then provided information about the rendering plant in Kansas City, Kansas. The rendering plant was out here by 7 a.m. on Sunday morning. So, the Department of Natural Resources was extremely helpful.”

For more information, call the Kansas City Regional Office at 816-622-7000.

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.

HAZARDOUS WASTE MANAGEMENT COMMISSION TO MEET OCT. 10
The Missouri Hazardous Waste Management Commission will hold a public meeting at 9 a.m., Oct. 10 at the Department of Natural Resources’ Conference Center, 1738 E. Elm St, Jefferson City.

For more information, call the department’s Hazardous Waste Program at 800-361-4827 or 573-751-3907.

AIR PROGRAM ADVISORY FORUM TO BE HELD OCT. 16
The Missouri Air Program Advisory Forum will be hold at 10 a.m., Oct. 16 at the Department of Natural Resources’ Conference Center, 1738 E. Elm St., Jefferson City.

For more information, call the Department of Natural Resources’ Air Pollution Control Program at 800-361-4827 or 573-751-7840.

MISSOURI AIR CONSERVATION COMMISSION TO MEET OCT. 25
The Missouri Air Conservation Commission will hold a public meeting at 9 a.m., Oct. 25 at the Hilton Garden Inn, 2644 E. 32nd St. in Joplin, Mo.

For more information, call the Department of Natural Resources’ 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 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	Control of Emissions From Solvent Metal Cleaning
Rule Number 010-02.210 – Clarifies rule and addresses industry concerns about provisions in the current rule related to enforcement and compliance.
Public comment ends: Oct. 4, 2007	Public hearing: Sept. 27, 2007
Missouri Register Citation: Filed, not yet published	Department contact: 573-751-4817

Air Pollution Control Program	Restriction of Emission of Sulfur Compounds
Rule Number 010-06.260 – Changes Kansas City Power and Light Hawthorn and Montrose plant emission rates and averaging times.
Public comment ends: Oct. 4, 2007	Public hearing: Sept. 27, 2007
Missouri Register Citation: Filed, not yet published	Department contact: 573-751-4817

PUBLIC SERVICE ANNOUNCEMENTS

Public service announcements may be downloaded for use by any newspaper, magazine, newsletter, radio stations, etc. The department will continue to add new announcements to the Web each month. If you would like to receive new announcements by e-mail as they are made available, please contact kathy.deters@dnr.mo.gov and provide your publication name and e-mail address.

REGIONAL OFFICE MAP

Department of Natural Resources' Regional Offices provide field inspections, complaint investigation and front-line troubleshooting, problem solving and technical assistance on environmental and emergencies for the following programs:

Air Pollution
Drinking Water
Hazardous Waste
Solid Waste
Technical Assistance
Water Pollution

INTERNET ADDRESSES

Missouri Department of Natural Resources at www.dnr.mo.gov

Division of Environmental Quality at www.dnr.mo.gov/env

Air Pollution Control Program at www.dnr.mo.gov/env/apcp

Division of Geology and Land Survey at www.dnr.mo.gov/geology/

Energy Center at www.dnr.mo.gov/energy

Environmental Services Program at www.dnr.mo.gov/env/esp

Gateway Clean Air Program at www.gatewaycleanair.com

Hazardous Waste Program at www.dnr.mo.gov/env/hwp

Historic Preservation at www.dnr.mo.gov/shpo/index.html

Land Reclamation Program at www.dnr.mo.gov/env/lrp

Soil and Water Conservation Program at www.dnr.mo.gov/env/swcp

Solid Waste Management Program at www.dnr.mo.gov/env/swmp

State Parks, Division of at www.mostateparks.com

Water Protection Program - Drinking Water Branch at www.dnr.mo.gov/env/wpp

Water Protection Program - Water Pollution Branch at www.dnr.mo.gov/env/wpp

SUBSCRIBE ON THE WEB TO READ PROTECTING MISSOURI'S NATURAL RESOURCES NEWSLETTER ONLINE

Sign up now to receive a monthly e-mail reminder and link to the online version of Protecting Missouri’s Natural Resources newsletter. A subscription form is now available on the Web at www.dnr.mo.gov/env/pmnr/subscribe_pmnr.htm. People who subscribe will receive an e-mail containing a link to the latest issue of the newsletter.

If you subscribe to receive the online newsletter, please let us know to cancel your current hard copy subscription to save printing and mailing costs associated with the newsletter.

Contact us at 800-361-4827 or 573-751-6892 or send an e-mail to cancel your hard copy subscription to elisha.bonnot@dnr.mo.gov.

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Inside This Issue

Air Pollution Control Program

Control of Emissions From Solvent Metal Cleaning