MINUTES MISSOURI AIR CONSERVATION COMMISSION

Elm Street Conference Center 1730 East Elm Street – Lower Level Bennett Springs Conference Room

Jefferson City, MO 65101 February 1, 2018

9:00 a.m.

Commissioners Present

Mark Garnett, Member Jack Jones, Vice Chairman Gary Pendergrass, Chairman Kevin Rosenbohm, Member

Staff Members Present

Stacy Allen, Air Quality Planning Section, Air Pollution Control Program (APCP) Adel Alsharafi, Air Quality Planning Section, APCP Van Beydler, Public Information Coordinator, Soil and Water Conservation Program Darcy Bybee, Air Quality Planning Section Chief, APCP Ed Galbraith, Director, Division of Environmental Quality David Gilmore, Director’s Office, APCP Wayne Graf, Air Quality Planning Section, APCP Kendall Hale, Permits Section Chief, APCP Steve Hall, Air Quality Analysis Section Chief, APCP Connie Kinney, Compliance and Enforcement Section, APCP Kyra Moore, Director, APCP Lisa Nahach, Director’s Office, APCP Amy Poos, Public Information Coordinator, Department of Natural Resources Richard Swartz, Compliance and Enforcement Section Chief, APCP Richard Waters, Assistant General Counsel, Department of Natural Resources Emily Wilbur, Air Quality Planning Section, APCP Will Wetherell, Environmental Services Program

Others Present by Attendance Record

Mike Alesandrini, Leverage Management Solutions Jim Behn, Northeast Missouri Community Conservation Coalition Robert Brundage, Newman, Comley & Ruth PC Jeff Burkett, Empire District Electric Company Sandra Cupp, Civil & Environmental Consultants Inc. Roger Fischer, Callaway County Commissioner Dave Fraley, Diamond Sky Ventures Molly Haug, St. Louis Metropolitan Sewer District Ted Herschinger Todd Henry, Associated Electric Cooperative Inc.

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Jennifer Hernandez, Attorney General’s Office Michael Hutcheson, Ameren Steve Jeffery, Jeffery Law Group LLC Jeff Jones Ross Kidwell Shirley Kidwell, Friends of Responsible Agriculture Margot McMillen Don Nikodim, Missouri Pork Association Cathy Rice Lee Ann Williams Searcy, Hickory Neighbors United (HNU) Rex Searcy, HNU David Shanks, Boeing Wendy Vit, GeoEngineers Roger Walker, Regulatory Environmental Group for Missouri Fred Williams, Premier Services A. Call to Order

Chairman Gary Pendergrass called the February 1, 2018, meeting of the Missouri Air Conservation Commission to order. The following commissioners were present: Gary Pendergrass, Jack Jones, Mark Garnett, and Kevin Rosenbohm.

B. Discussion of Pending Litigation and Legal Matters

Commissioner Mark Garnett moved to go into closed session. Commissioner Kevin Rosenbohm seconded the motion. All commissioners voted to go into closed session. The commission went into closed session. Vice Chairman Jack Jones moved to return to open session. Commissioner Garnett seconded the motion. All commissioners voted to return to open session. The commission returned to open session.

C. Minutes from the December 7, 2017, Meeting Commissioner Garnett moved to approve the December 7, 2017, minutes as written. Vice Chairman Jones seconded the motion, and all commissioners voted to approve the December 7, 2017, minutes as written.

D. Welcome and Introductions

Ms. Kyra Moore announced that Mr. Kevin Rosenbohm was confirmed by the Senate yesterday and that Mr. David Zimmermann resigned from the commission at the end of December. She also announced that this will be her last month as Director of the Air Pollution Control Program. Ms. Moore has accepted one of the Deputy Division Director positions in the Division of Environmental Quality and Ms. Carey Bridges has accepted the other Deputy Division Director position. Mr. Aaron Schmidt has moved from the Deputy Division Director to a more technical role within the Division.

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E. Reports - The following referenced reports are in the February 1, 2018, Missouri Air Conservation Commission Briefing Document and available online at dnr.mo.gov/env/apcp/macc.htm. 1) COMPLIANCE/ENFORCEMENT REPORT

The video for the Compliance/Enforcement report can be viewed at http://dnr.mo.gov/videos/archive-meetings.htm. a) Concern Report

Mr. Richard Swartz said the Compliance/Enforcement Report begins on page 53 with the Concern Report. A total of 109 concerns were received from October 16, 2017 through December 15, 2017. During this time period 113 investigations were completed by regional office staff. No notices of violations or referral notices of violation were issued during that time frame. The Compliance/Enforcement Section is considering modifying the way concerns are reported to the commission. For more details on that issue, please see the video posted at http://dnr.mo.gov/videos/archive-meetings.htm.

b) Ongoing Negotiations Report The Ongoing Negotiations Report can be found on page 91. There are 10 enforcement actions in the negotiation process at this time. Some cases have dropped off the report. That is due to an agreement that has been reached with the responsible party. Or some have been closed due to no further action. Cameron Concrete has dropped off the report due to an Administrative Penalty Order being issued to that company.

c) Finalized Agreement Report

Two agreements have been finalized: Big Iron Town and Parker Petroleum. For more details on these two agreements, please see the video posted at http://dnr.mo.gov/videos/archive-meetings.htm

d) Pending Referrals Report

The Pending Referrals Report can be found on page 95. There is one Active Referral at this time: General Dynamics. The case for Michael French went to a bench trial and the judge ruled in favor of the Department. For more information on General Dynamics and Michael French, please see the video posted at http://dnr.mo.gov/videos/archive-meetings.htm

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e) Gateway Vehicle Inspection Report

The 2017 fourth quarter report of the Gateway Vehicle Inspection Program (GVIP) report can be found on page 97 of the briefing document. Over 160,000 vehicles were emissions tested and the passing rate was over 97%. Staff in the St. Louis Regional Office conducted 713 audits during that time frame. The program continues to work with the new contractor, World Wide Environmental Products, on some auditing and reporting capabilities.

f) Other The Compliance/Enforcement Section will be working to fill a vacant position within the Asbestos Unit.

2) PERMIT REPORT Mr. Hale stated the Permit Report begins on page 99 of the briefing document with the Permit Applications Received Report. For the months of January through December 2017 the Permit Section received 574 construction and 327 operating permit projects for a total of 901 permit projects. The Permit Section received a total of 770 total projects in 2016, and a total of 859 total projects in 2015. The Permit Section received a total of 131 more projects in 2017 than it did in 2016. The Permit Applications Completed report begins on page 109 of the briefing document. For the months of January through December 2017 the Permit Section completed 573 construction and 461 operating permit projects for a total of 1,034 permit projects. At this time last year the Permit Section had completed a total of 836 permit projects. The Open Permits Report is on page 123 of the briefing document. This report details the types of projects currently open in the Permit Section. There are currently 162 construction and 254 operating permit projects that are open. As previously noted, some projects are logged in twice due to confidentiality requests. There are four operating permit projects on public notice. Draft permits that are on public notice can be found on the Air Pollution Control Program’s website at http://dnr.mo.gov/env/apcp/permit-public-notices.htm. The public comment period is 30 days. Public comments can be submitted from this webpage or through regular mail. The website also has the capability to search for pending and completed projects by city and county. Chairman Pendergrass complimented Mr. Hale for knocking down some of the permits backlog. Commissioner Garnett said things are going to probably speed up. He asked if Mr. Hale had enough staff in the Permit Section.

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Mr. Hale replied that there is one vacancy in the Permits Section and they hope to interview for that position soon.

3) AIR QUALITY PLANNING REPORT

The slides from Ms. Darcy Bybee’s presentation are available in Attachment A of these minutes or on the commission’s website at http://dnr.mo.gov/env/apcp/macc.htm. The video of the presentation is available at http://dnr.mo.gov/videos/archive-meetings.htm.

a) Red Tape Reduction Process

The department’s Red Tape Reduction Process can be viewed at dnr.mo.gov/redtapereduction/. The state’s Red Tape Reduction Process can be viewed at nomoredtape.com/. Ms. Bybee provided an update on the Department and Air Program’s Red Tape actions. She also presented list of planned rule actions to the commission. The list is available at https://dnr.mo.gov/env/apcp/airadvisory/docs/memo.macc.rtr.rulemaking.jan.312018.pdf.

b) Rule and State Implementation Plan (SIP) Agenda The Rule and SIP Agenda is available on pages 125 – 128 of the briefing document. There are no items scheduled for public hearing, but there are two items scheduled for adoption: Revision to the Boundary Recommendation for the 2015 Ozone Standard and the Technical Correction to the Redesignation Request and Maintenance Plan for the 2008 Ozone Standard. There are nine proposed rescissions scheduled for the March 29, 2018 public hearing. No adoption items are scheduled to be voted on at the March commission meeting. The program will present the nine rescissions heard at the March 29, 2018, commission meeting to the commission for adoption at the April 26, 2018, meeting in Kansas City.

c) Rules in Progress Schedule The Rules in Progress Schedule is available on pages 129 – 130 of the briefing document. Ms. Bybee provided an overview of the nine proposed rescissions including timelines.

d) State Plans Report The State Plans Report is available on pages 131 – 135 of the briefing document.

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Ozone Ozone monitoring data is updated regularly and posted at www.dnr.mo.gov/env/apcp/docs/ozonemonitordata.pdf. The ozone season will officially begin on March 1, 2018. There were 20 exceedances of the 2015 standard in the 2017 ozone season; some were of the 2008 standard. This is preliminary data and it still has to be quality assured. 2008 & 2015 Ozone Standard Update The 2008 redesignation request is still pending EPA approval (page 132, row 2). As a reminder, the program submitted a redesignation request and maintenance plan for the 2008 St. Louis ozone nonattainment area to EPA. The program determined the plan needed a technical correction (page 132, row 3). This technical correction will be presented for adoption today. Once EPA formally redesignates the St. Louis area, it will be in attainment for the 2008 ozone standard. EPA is approaching the implementation of the 2015 ozone standard in rounds. As reported last month, EPA designated the initial round of attainment/unclassifiable areas. On December 20, 2017, EPA began the process for the nonattainment designations by sending out the 120-day letters. The department received its 120-day letter on December 20, 2017. The letter indicated EPA’s intended nonattainment designations for the St. Louis area, which has historically been nonattainment (City of St. Louis, Franklin, Jefferson, St. Louis and St. Charles counties). For additional information on the 120-day letter, see Ms. Bybee’s presentation available in Attachment A of these minutes or on the commission’s website at http://dnr.mo.gov/env/apcp/macc.htm. The program will respond to the 120-day letter. Ozone information is available at www.dnr.mo.gov/env/apcp/ozone.htm. Federal Register Notices Ms. Bybee briefly discussed eight Federal Register notices and EPA announcements: Infrastructure SIPs, the 1997 PM2.5 (fine particulate) Redesignation, 2010 Sulfur Dioxide (SO2) Designations, the 2015 Ozone Designations, the repeal of the Clean Power Plan, listening sessions on the repeal of the Clean Power Plan, Greenhouse Gases, and the withdrawal of the “Once-In-Always-In” policy. For additional information on these actions, see Attachment A of these minutes or on the commission’s website at http://dnr.mo.gov/env/apcp/macc.htm.

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4) DIRECTOR’S REPORT

a) Staffing The Air Pollution Control Program has hired an adminstrative support assitant and is still actively working to fill three vacancies: a permit writer, a position in the Asbestos Unit and an Environmental Engineer position in the State Implementation Plan Unit.

b) Red Tape Reduction Process The Red Tape Reduction Process is a very big initiative and it is very important to the Department. Over 70 people in the division have worked on this process. Ms. Moore commented that Ms. Bybee and her group have done a great job on this initiative. Those staff inlcude Mr. Wayne Graf, Ms. Shelly Reimer, Mr. Aaron Basham, Mr. Seanmichael Stanley, and Mr. Paul Myers.

Several comments were received on permit rules.The Air Program Advisory Forum will meet with stakeholders at 1:00 p.m. in the Bennett Springs conference room to discuss and gather feedback as part of the Red Tape Reduction Process.

c) Volkswagen Missouri is set to receive more than $41 million in trust fund proceeds under the settlement between Volkswagen and the federal government. The Department of Natural Resources is the lead agency, which means the Department will administer the trust fund proceeds for eligible projects under the trust agreement. The Department held introductory meetings in Jefferson City, Kansas City, St. Louis and Springfield to present the spending options allowed under the Consent Decree. The Department is using stakeholder input to help develop a 10-year plan for using the funds. Eligible projects must reduce NOx pollution and correspond with one of ten options, as stipulated in the Consent Decree. For more information, and to participate in this process, please visit: https://dnr.mo.gov/env/apcp/vw/index.html.

The last meeting was held on January 22, 2018, in Jefferson City. There was a lot of good discussion on how the Department should distribute the funds. Ms. Bybee and her group are gathering comments from surveys and meetings to determine areas of consensus. Ms. Moore said she anticipated another meeting will be held in March.

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F. Public Hearing

None.

G. Recommended for Adoption and Actions to be Voted on Mr. Adel Alsharafi presented the Proposed Revision of the Area Boundary Designation Recommendation for the 2015 Ozone Standard for adoption. More information on the proposed revision can be found on page 137 of the briefing document. Commissioner Garnett moved to adopt the Proposed Revision of the Area Boundary Designation Recommendation for the 2015 Ozone Standard. Commissioner Rosenbohm seconded the motion. All commissioners voted to adopt the Proposed Revision of the Area Boundary Designation Recommendation for the 2015 Ozone Standard as revised. The video of this adoption item can viewed at http://dnr.mo.gov/videos/archive-meetings.htm. Ms. Stacy Allen presented Missouri State Implementation Plan Revision – Technical Correction to the Redesignation Request and Maintenance Plan for the St. Louis (Missouri) 2008 Ozone Standard Nonattainment Area for adoption. More information on the proposed State Implementation Plan revision can be found on page 151 of the briefing document. Commissioner Rosenbohm moved to adopt Missouri State Implementation Plan Revision – Technical Correction to the Redesignation Request and Maintenance Plan for the St. Louis (Missouri) 2008 Ozone Standard Nonattainment Area. Commissioner Garnett seconded the motion. All commissioners voted to adopt Missouri State Implementation Plan Revision – Technical Correction to the Redesignation Request and Maintenance Plan for the St. Louis (Missouri) 2008 Ozone Standard Nonattainment Area as revised. The video of this adoption item can be viewed at http://dnr.mo.gov/videos/archive-meetings.htm.

H. New Business

None.

I. Unfinished Business

Odor Petition Ms. Moore gave a presentation regarding the petition timeline, relevant commission meetings, materials presented to the commission, and additional information. To view her presentation slides see Attachment B to these minutes or visit the commission’s website at http://dnr.mo.gov/env/apcp/macc.htm. The video can be viewed at http://dnr.mo.gov/videos/archive-meetings.htm.

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Vice Chairman Jones read the number of animal units for swine, per class, into the record. There was further discussion regarding EPA, other states and their regulations, and the number of complaints. The following persons addressed the commission: Mr. Jeff Jones Mrs. Shirley Kidwell Mr. Roger Fischer Ms. Cathy Rice Mr. Steve Jeffery Ms. Margot McMillen Their comments may be viewed at http://dnr.mo.gov/videos/archive-meetings.htm. Commissioner Garnett moved to go into closed session. Vice Chairman Jones seconded the motion. All commissioners voted to go into closed session. The commission went into closed session. Commissioner Garnett moved to return to open session. Vice Chairman Jones seconded the motion. All commissioners voted to return to open session. The commission returned to open session. Chairman Pendergrass asked for a motion from the commission. Commissioner Rosenbohm moved that rule 10 CSR 10-6.165 be continued without change. Commissioner Garnett seconded the motion. Commissioners Garnett, Rosenbohm and Pendergrass voted yes. Commissioner Jones voted no. Chairman Pendergrass said the decision was not unanimous, and he asked Ms. Jennifer Hernandez, the commission’s attorney, to explain what that means. Ms. Hernandez explained that the applicable statutes require that there be four decisions one way or the other for the commission to take action. With a three to one vote, it is essentially as if the petition was not decided today. Chairman Pendergrass said there is a unanimous consensus among the commissioners that the department keep the lines of communication open with all of the stakeholders. To obtain a copy of the transcript, please contact Ms. Tracy Thorpe Taylor at Tiger Court Reporting LLC, 111 East Broadway, Suite 310, Columbia, MO 65203 or by phone at (573) 999-2662. The Odor Petition portion of this meeting may be viewed at http://dnr.mo.gov/videos/archive-meetings.htm

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J. Appeals and Variance Requests

None.

K. Open Comment Session

Mr. Roger Walker, representing the Regulated Environmental Group for Missouri,addressed the commission. His comments may be viewed athttp://dnr.mo.gov/videos/archive-meetings.htm.

L. Future Meeting Dates

March 29, 2018 – ThursdayElm Street Conference Center1730 East Elm StreetLower LevelBennett Spring Conference RoomJefferson City, MO 65101

April 26, 2018 – ThursdayKansas City Regional Office500 Northeast Colbern RoadMissouri River Conference RoomLee’s Summit, MO 64086

May 31, 2018 – ThursdayElm Street Conference Center1730 East Elm StreetLower LevelBennett Spring Conference RoomJefferson City, MO 65101

July 26, 2018 – ThursdaySt. Louis Regional Office7545 South Lindbergh, Suite 220DESE Conference RoomSt. Louis, MO 63125

August 30, 2018 – ThursdayElm Street Conference Center1730 East Elm StreetLower LevelBennett Spring Conference RoomJefferson City, MO 65101

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September 27, 2018 – Thursday Elm Street Conference Center 1730 East Elm Street Lower Level Bennett Spring Conference Room Jefferson City, MO 65101

October 25, 2018 – Thursday Southwest Regional Office 2040 West Woodland East and West Conference Rooms Springfield, MO 65807

December 6, 2018 – Thursday Elm Street Conference Center 1730 East Elm Street Lower Level Bennett Spring Conference Room Jefferson City, MO 65101

M. New Business

None.

N. Meeting Adjournment

Commissioner Garnett moved to adjourn the February 1, 2018, Missouri AirConservation Commission meeting. Vice Chairman Jones seconded the motion, and allcommissioners voted to adjourn the meeting.

Chairman Pendergrass adjourned the February 1, 2018, Missouri Air ConservationCommission meeting.

Respectfully submitted,

____________________________________ Darcy A. Bybee, Director Air Pollution Control Program

Approved:

Gary Pendergrass, Chairman Missouri Air Conservation Commission

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Signature on File

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Air Quality PlanningDarcy BybeeAir Pollution Control ProgramChief of the Air Quality Planning Section

Missouri Air Conservation Commission Feb. 1, 2018Jefferson City, Mo.

Updates for Air Quality Planning• Process for reducing red tape• Reports printed in the briefing document

– Rule and State Implementation Plan (SIP)Agenda

– Rules in Progress Schedule– State Plans Report

• Notices in Federal Register andannouncements from EPA

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NL32DB3

Attachment A

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Department’s Process to Reduce Red Tape

dnr.mo.gov/redtapereduction/nomoredtape.com/

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MoDNR Steps for Reducing Red Tape Reviewed 598 rules in compliance

with an executive order from governor Solicited comments and received more

than 300 of them Initiated the process to rescind 98 rulesAdditional rulemakings (amendments and

rescissions in process)

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Next Steps!Air program moving forward with first nine

rescissions* Public hearing in March

Program planning additional rescissions,amendments

• Update requirements of rules• Update incorporations by reference• Eliminate unnecessary regulatory

requirements• Update definitions as needed

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Rule and SIP Agenda

Pages 125-128

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Rule and SIP AgendaBriefing document, page 125

Feb. 1, 2018, in Jefferson CityPublic Hearing:

None scheduled.Actions to be voted on:

• Revision to the boundary recommendationfor the 2015 ozone standard

• Technical correction to the redesignation requestand maintenance planfor the 2008 ozone standard

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Rule and SIP AgendaBriefing document, pages 125-127

March 29, 2018, in Jefferson CityPublic hearing:

• Nine proposed rescissions to rulesActions to be voted on:

• None scheduled

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Rule and SIP AgendaBriefing document, pages 127-128

April 26, 2018, in Kansas City, Mo.Public Hearing:

• None scheduledActions to be voted on:

• Nine proposed rescissions to rules

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Rules in Progress Schedule

Pages 129-130

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Schedule for Rules in ProgressBriefing Document, pages 129-130

– Page 129, Rows 3-5• 10 CSR 10-3.160• 10 CSR 10-5.120• 10 CSR 10-5.130

– Page 130, Rows 1-4, 7-8• 10 CSR 10-6.100• 10 CSR 10-6.350 & 6.360• 10 CSR 10-5.450• 10 CSR 10-2.310• 10 CSR 10-2.360 11

NL41DB4

State Plans Report

Focus on ozone

Pages 131-135

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Ozone

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Ozone* Monitoring data:dnr.mo.gov/env/apcp/docs/ozonemonitordata.pdf* 2008 standard: pending redesignation

• 2016 plan: page 132, row 2• 2017 technical correction: page 132, row 3

* 2015 standard: initial designations• 2016 recommendations: page 132, row 4• 2017 revision: page 132, row 5• EPA’s “120-day letter” dated Dec. 20, 2017

- Indicates EPA’s intended nonattainment designations:City of St. Louis as well as Franklin, Jefferson, St. Louisand St. Charles counties 14

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EPA’s 120-day letter to Missouri• EPA focused on:

– Five-factor analysis– 2014-2016 data from air monitors

• Three state monitors recorded violations of standardTwo in St. Charles County; one in St. Louis County

– Emissions and emissions-related data• Focusing on the entire undesignated area as a whole

– Nonattainment area under 2008 ozone standard

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Program’s Revised Recommendation• We focused on:

– Five-factor analysis– 2015-2017 air monitoring data

• One monitor in St. Charles recorded violation ofstandard

– Emissions and emissions-related data• Focusing on emissions sources in close proximity to the

violating monitor

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Reminder: Additional discussionduring Request for Adoption

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Next Steps• Air program is reviewing 120-day letter and

accompanying technical support document• We will respond to EPA’s 120-day letter,

according to the direction we receive whenthe air commission votes on the request foradoption later today

• EPA letter and related documents:dnr.mo.gov/env/apcp/ozone.htm

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Timeline Regarding 2015 Ozone Standard• First round designations:

attainment/unclassifiableNovember 2017

• 120-day letters• Intended nonattainment areasDec. 20, 2017

• Public comment periodJan. 5-Feb. 5, 2018

• Due date for state’s responseto EPA’s 120-day letterFeb. 28, 2018

• Final ozone designations from EPASpring 2018(April 30, 2018?)

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NL53DB5

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Federal Register Notices

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Notice #1: Infrastructure SIPs• Dec. 8, 2017: EPA withdrew direct final rules

to approve infrastructure plans for particulate matterand nitrogen oxidesPM2.5: www.gpo.gov/fdsys/pkg/FR-2017-12-

08/pdf/2017-26406.pdfNOx: www.gpo.gov/fdsys/pkg/FR-2017-12-

08/pdf/2017-26405.pdfNote: EPA withdrew SO2 and Ozone SIPs in Nov. 2017See Dec. 7, 2017, minutes from commission meeting

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Notice #2: Jan. 5, 2018: EPA gave advanced notice that it will agree with the air program and redesignateMissouri portion of the St. Louis, Mo., area to attainment of the 1997 PM2.5 standard. EPA also will approve associated maintenance plan.

• Period for public comment closes Feb. 5, 2018• www.gpo.gov/fdsys/pkg/FR-2018-01-

05/pdf/2018-00037.pdf21

1997 PM2.5 Redesignation

Notice #3: Jan. 9, 2018: EPA made final Round 3 designations regarding the 2010 sulfur dioxide (SO2) standard• Round 3 for all areas in Missouri:

Attainment/unclassifiable, effective April 9, 2018.• Round 3 designations affect all areas, except those:

o Already designated in Rounds 1 and 2 (2013 and 2016)o Scheduled for designation in Round 4 (Dec. 2020)

www.gpo.gov/fdsys/pkg/FR-2018-01-05/pdf/2018-00037.pdf

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2010 SO2 Designations

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Notice #4: 2015 Ozone DesignationsJan. 5, 2018: EPA alerted public that it had sent 120-day letters regarding certain recommendationsfrom states and gave dates for public to comment

• Period for public comment closes Feb. 5, 2018www.gpo.gov/fdsys/pkg/FR-2018-01-05/pdf/2018-00024.pdf

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Notices #5, #6: Clean Power PlanOct. 16, 2017: EPA proposes to repeal Clean Power

Plan, which set guidelines for power plants emittingcarbon pollution* Comment deadline originally Dec. 15, 2017, butEPA plans to extend it to April 2018

gpo.gov/fdsys/pkg/FR-2017-10-16/pdf/2017-22349.pdf

Jan. 11, 2018: EPA schedules listening sessionson repeal

www.epa.gov/newsreleases/epa-schedules-three-listening-sessions-proposed-repeal-clean-power-plan 25

Notice #7: Greenhouse GasesDec. 28, 2017: EPA is accepting comments on proper guidelines to regulate greenhouse gas emissions

• Advanced notice of proposed rulemaking• Period for public comments closes Feb. 26, 2018

www.gpo.gov/fdsys/pkg/FR-2017-12-28/pdf/2017-27793.pdf

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Notice #8: EPA Withdraws PolicyJan. 25, 2018: EPA withdrew its longstanding “once-in-always-in” policy to allow major sources to be reclassified as area sources under Section 112 of the Clean Air Act• EPA plans to have a public comment period on

regulatory text that will reflect this guidance

www.epa.gov/stationary-sources-air-pollution/reclassification-major-sources-area-sources-under-section-112-clean 27

Contact InformationMissouri Department of Natural ResourcesAir Pollution Control Program PO Box 176Jefferson City, MO 65102-0176Find us on the web at dnr.mo.gov/env/apcp

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Odor and Concentrated Animal Feeding Operations (CAFOs)Kyra L. Moore

Missouri Air Conservation Commission Feb. 1, 2018Jefferson City, Mo.

Agenda

• Petition timeline• Relevant commission meetings and

materials presented to commission• Additional information

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Attachment B

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Petition Timeline

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Petition Timeline�September – November 2017: MoDNR and

commissioners received petition, emails and letters advocating amendment to 10 CSR 10-6.165, Restriction of Emission of Odors

* Also known as the Odor Rule�Oct 3, 2017: MoDNR provided petition

to two entities in the state, specifically:* Missouri Office of Administration, a state agency* Joint Committee on Administrative Rules (JCAR), a

committee of state legislators

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Petition Timeline�Nov. 22, 2017: MoDNR sent written response

to petitioners and supporters of the petitionto Office of Administration and to JCAR

* Response indicated department decided not torecommend amending the rule because of the petition

�JCAR granted air commission two extensions to respond

* First extension ended Dec. 28, 2018* Second extension will end Feb. 15, 2018

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Relevant Commission Meetings

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Materials Presented to Commission

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Commission Meeting: Sept. 28, 2017� Webpage with link to video

* Video Part 3: Director’s report at 1:14; publiccomments at 8:39

� Minutes from meeting� Information presented:

* Odor petition* Memo from EPA inspector general* Decision in Waterkeeper Alliance et al. v. EPA* Ed Galbraith’s letter to Edward Chu,EPA Region 7, from Sept. 18, 2017

* Draft emergency rule7

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Commission Meeting: Oct. 26, 2017NOTE: No quorum of commissioners

� Webpage with links to video* Video Part 2: Director’s report at 3:38; open session at 10:54

� Meeting minutes� Material from department: Information on odor concerns� Materials from petitioners

* Petition to amend odor rule* Affidavits from people living near feeding operations* Information about ammonia and hydrogen sulfide

from federal health agency * Affidavits from two medical doctors* Draft proposed emergency rule package

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Commission Meeting: Dec. 7, 2017

� Webpage with links to video* Video Part 4: Relevant action begins at :52

* Session for public comments begins at 1:44

� Meeting minutes� Department’s response to petition� Period for public comments

* Various citizens and interested parties

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Jan. 30, 2018: Air Program Provided Information to Commissioners by Email

�All Odor Control Plans submitted under theOdor Rule by Class IA CAFOs

�Supporting materials for the 2010 amendmentto the Odor Rule

�Comments about Odor Rule received viaMissouri’s 2017-18 initiative to reduce red tape

�Previous MoDNR responses to petitions foramending odor rule(s)

�Legal cases in Missouri regarding CAFOs 10

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Additional Information

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* Informal poll of surrounding states

* EPA regulations regarding CAFOs

* MoDNR’s Water Protection Program

* Missouri Department of Health and Senior Services

Informal Poll of Surrounding States• No odor regulations at state level:

– Iowa– Nebraska– Kansas– Oklahoma– Arkansas

• Some nuisance odor regulations at state level:– Illinois

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EPA Regulations

• Denial of Petition to list CAFOs under Clean Air ActSection 111 (Click on underlined words to access)

• Report from EPA’ Office of Inspector General• EPA’s agriculture page: epa.gov/agriculture

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EPA Regulations (cont.)• CERCLA and EPCRA Requirements

for Air Releases of Hazardous Substancesfrom Animal Waste at Farms

Other Federal Information• Centers for Disease Control--Agency for Toxic

Substances and Disease Registry EnvironmentalOdors, Frequently Asked Questionsatsdr.cdc.gov/odors/faqs.html

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MoDNR Water Protection Program• Map of all permitted animal feeding operations:

dnr.mo.gov/mapviewer/npdes_afo.html• Program oversight

* Onsite inspections, usually every five years* Annual self-reporting by animal feeding operations* Prompt investigation of environmental concerns

• Program information* All CAFOs in Missouri apply manure to their own landor export the manure for land application

• Fact sheet: dnr.mo.gov/pubs/pub2351.htm• MoDNR webpage: dnr.mo.gov/env/wpp/cafo/index.html

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16www.dnr.mo.gov/mapviewer/npdes_afo.html

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Missouri Department of Health and Senior Services • Report: Perspectives on the Public Health Effects

of CAFOS, Nov. 12, 2009

• Presentation by Jonathan Garoutte,Chief of the Bureau of Environmental Epidemiologyduring air commission’s meeting on Dec. 7, 2017* Webpage with link to video:

dnr.mo.gov/videos/archive-meetings2017.htm* Video Part 4: Presentation starts at 37:20

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Contact InformationMissouri Department of Natural ResourcesAir Pollution Control Program PO Box 176Jefferson City, MO 65102-0176Find us on the web at dnr.mo.gov/env/apcp

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