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Odor and Concentrated Animal Feeding Operations (CAFOs) Kyra L. Moore Missouri Air Conservation Commission Feb. 1, 2018 Jefferson City, Mo. m . MISSOURI DEPARTMENT OF 19 NATURAL RESOURCES Agenda Petition timeline Relevant


  1. Odor and Concentrated Animal Feeding Operations (CAFOs) Kyra L. Moore Missouri Air Conservation Commission Feb. 1, 2018 Jefferson City, Mo.

  2. • m . MISSOURI DEPARTMENT OF 19 NATURAL RESOURCES Agenda • Petition timeline • Relevant commission meetings and materials presented to commission • Additional information 2

  3. Petition Timeline 3

  4. 1 of 2 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 4

  5. • m 2 of 2 . MISSOURI DEPARTMENT OF 19 NATURAL RESOURCES Petition Timeline  Nov. 22, 2017: MoDNR sent written response to petitioners and supporters of the petition to Office of Administration and to JCAR * Response indicated department decided not to recommend 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 5

  6. Relevant Commission Meetings Materials Presented to Commission 6

  7. 1 of 4 Commission Meeting: Sept. 28, 2017  Webpage with link to video * Video Part 3: Director’s report at 1:14; public comments 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 7 * Draft emergency rule

  8. 2 of 4 Commission Meeting: Oct. 26, 2017 NOTE: 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 8

  9. 3 of 4 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 9

  10. • m 4 of 4 . MISSOURI DEPARTMENT OF 19 NATURAL RESOURCES Jan. 30, 2018: Air Program Provided Information to Commissioners by Email  All Odor Control Plans submitted under the Odor Rule by Class IA CAFOs  Supporting materials for the 2010 amendment to the Odor Rule  Comments about Odor Rule received via Missouri’s 2017-18 initiative to reduce red tape  Previous MoDNR responses to petitions for amending odor rule(s)  Legal cases in Missouri regarding CAFOs 10

  11. Additional Information * Informal poll of surrounding states * EPA regulations regarding CAFOs * MoDNR’s Water Protection Program * Missouri Department of Health and Senior Services 11

  12. • m . MISSOURI DEPARTMENT OF 19 NATURAL RESOURCES Informal Poll of Surrounding States • No odor regulations at state level: – Iowa – Nebraska – Kansas – Oklahoma – Arkansas • Some nuisance odor regulations at state level: – Illinois 12

  13. 1 of 2 EPA Regulations • Denial of Petition to list CAFOs under Clean Air Act Section 111 (Click on underlined words to access) • Report from EPA’ Office of Inspector General • EPA’s agriculture page: epa.gov/agriculture 13

  14. 2 of 2 EPA Regulations (cont.) • CERCLA and EPCRA Requirements for Air Releases of Hazardous Substances from Animal Waste at Farms Other Federal Information • Centers for Disease Control--Agency for Toxic Substances and Disease Registry Environmental Odors, Frequently Asked Questions atsdr.cdc.gov/odors/faqs.html 14

  15. 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 land or export the manure for land application • Fact sheet: dnr.mo.gov/pubs/pub2351.htm • MoDNR webpage: dnr.mo.gov/env/wpp/cafo/index.html 15

  16. ~ ~ I nform.at i 0111 I Map La yers 0 E] An i mal Feeding Opera fions AFOClASS C li ass 11A Cl la ss rB ~ Cl la ss & C = Cl la ss [I Cl la ss NP -, - - - . I '- I - _, , - .. - - - - www.dnr.mo.gov/mapviewer/npdes_afo.html 16 Isa

  17. 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 Epidemiology during 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 17

  18. • m . MISSOURI DEPARTMENT OF 19 NATURAL RESOURCES Contact Information Missouri Department of Natural Resources Air Pollution Control Program PO Box 176 Jefferson City, MO 65102-0176 Find us on the web at dnr.mo.gov/env/apcp 18 18

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