The Missouri Department of Natural Resources (MDNR) held their semi-annual public stakeholder meeting on June 13, 2024, providing updates for the public on recent developments and changes across the agency’s programs. This report focuses on those of greatest interest to Missouri’s environmental practitioners and regulated community.
Kyra Moore, director of MDNR’s Division of Environmental Quality, said the environmental programs have several developments in the works. From the perspective of the regulated community, key topics she reported on included air program fees, per- and polyfluoroalkyl substances (PFAS) developments, and Missouri Risk Based Corrective Action. These bear watching closely over the next few months.
Air Program Fees. Moore said the Air Pollution Control Program has completed the stakeholder engagement process to revise the state’s fees for air emissions sources. and generate additional money for the program. A regulation is being prepared based on those discussions, which the department expects to present for public hearing at the August 29 meeting of the Air Conservation Commission.
PFAS. Moore reviewed recent regulatory developments in PFAS that are affecting several DEQ programs. The U.S. Environmental Protection Agency’s (EPA) April 2024 final rule establishing maximum contaminant levels under the Safe Drinking Water Act for certain PFAS compounds starts a three-year process under which public water systems will begin to monitor for PFAS in drinking water and develop plans to address exceedances of the new standards. She said some initial Missouri public water systems’ PFAS data have been collected already on a voluntary basis and are available at the PFAS data viewer at MDNR’s website.
A potentially important development for manufacturers and remediation sites was announced by Moore and Hannah Humphrey, MDNR deputy director. MDNR’s Superfund program is working with the EPA to develop a PFAS dashboard to enable regulators quickly to target and identify potential PFAS sources when future PFAS contamination incidents are discovered. The dashboard will contain an inventory of potential PFAS sources, by location, based on industrial codes and categories known to have commonly used PFAS. There was no discussion whether this dashboard would be an internal tool only or would take a public-facing role on MDNR’s website.
Moore said MDNR is working to develop a takeback program for aqueous film forming foam (AFFF) firefighting foam held by firefighting units. Past use of this foam is a common source of PFAS contamination in certain types of facilities such as airports and defense facilities.
She said MDNR’s PFAS stakeholder workgroup is working to develop its final report to MDNR.
Missouri Risk Based Corrective Action (MRBCA). MDNR has been working for several years to revise its MRBCA guidance, including contamination default target levels and site-specific risk evaluation methods. The MDNR Environmental Remediation Program and the Missouri Department of Health and Senior Services in April 2024 made detailed presentations about progress toward revising risk-based target constituent levels, and the presentation materials are posted on MDNR’s MRBCA stakeholder workgroup website.
Moore said the target levels presented in those documents are considered drafts and subject to revision. She said MDNR has not yet established a public timetable for conducting stakeholder meetings or further advancing the MRBCA guidance.
Ozone. Moore said the federal ozone standard has not been met in the St. Louis area, and it is classified as “nonattainment.” Due to hot and dry conditions last summer that led to more exceedances, the EPA now designates the area as “serious nonattainment” for ozone noncompliance instead of “moderate.” This change will make some air permits in this region more stringent and more difficult to obtain.
Coal-fired power plants. Moore noted that the EPA has issued new regulations on coal-fired power plants to replace the previous Affordable Clean Energy rule and the Clean Power Plan. MDNR is beginning to draft Missouri’s associated regulations to implement the new EPA regulations in the state and will include stakeholders in that process. She did not outline a schedule.
Other topics. Moore reported on other recent developments. MDNR is implementing the EPA’s recent revisions to residential screening levels for lead in soil. The EPA is asking states to develop cybersecurity plans for environmental facilities. It has approved Missouri’s petroleum storage tanks program. Karen Rouse, director of the Kansas City regional office, is retiring, and MDNR will be announcing a new director. Moore presented no timetable. Moore also announced other changes in program leaders and key staff.
Missouri Geological Survey. Director Carey Bridges reported on developments within this division. She reported that the Abandoned Mine Land Section has been using federal funds to reclaim old, abandoned coal mine sites in the state. The division also regulates operating coal and industrial minerals mines. Using federal funds, the division has been identifying and mapping critical mineral resources within Missouri. Also using federal funds, the division has been inventorying and plugging abandoned oil and gas wells, especially in Vernon County.
Parks Division. Division Director David Kelly reported on activities of the Parks Division, which operates the state parks system. Of particular interest to Missouri environmental practitioners, he and others reported that the parks division has acquired the historic International Shoe factory building in Jefferson City, Missouri, not far from MDNR’s headquarters at the Lewis and Clark State Office Building. Plans call for MDNR programs, personnel, and meeting rooms now housed at the Jefferson City Elm Street facility to move to the International Shoe building after a several-year period of design, restoration, and construction.
This post was drafted by Jim Price, an attorney in the Kansas City, Missouri, office of Spencer Fane LLP. For more information, visit www.spencerfane.com.
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