Commission Deliberation on Odor Recommendation

Missouri Air Conservation Commission Odor Recommendation

The Missouri Air Conservation Commission continued their discussion of Missouri’s odor regulations at a commissioner’s workgroup on Feb. 6 and at their regularly scheduled meeting on Feb. 7. The commission has requested the department to develop draft rule language to incorporate the following elements and to release this draft language for public comment through an informal process.

Retain the regulatory dilution to threshold of 7:1 for all industry and Class IA CAFOs. The property boundary shall remain the point of determining compliance.
Expand the 7:1 regulatory limit to Class IB CAFOs.
Retain all other exemptions currently in the rule.
Establish a non-punitive dilution-to-threshold of 4:1 for all facilities regulated by the 7:1 standard that will trigger a requirement for a comprehensive odor source identification and work plan based on the Best Available Control Technology, or BACT, process. For this process to be triggered the department would be required to document a certain number of 4:1 exceedances over a certain period of time; staff will propose specifics for the commission’s consideration.
Develop a better definition of “modification” that will trigger an odor control plan requirement for existing sources.
Develop an “exit strategy” or a mechanism that will allow facilities that trigger the additional odor source identification requirement and work plan an opportunity to prove that the additional plan is no longer necessary based on changes made at their facility.
Establish requirements for new CAFO facilities to develop an odor plan that would be triggered by their water protection program construction permit process. Facilities currently operating are not required to develop an odor control plan until such time that they violate the provisions of any odor regulation or are required to by the director.
Continue using Water Protection Program classifications for determining odor rule applicability to CAFOs.
Establish the Nasal Ranger as the standard equipment for odor monitoring.
Eliminate the requirement for laboratory analysis of samples for regulated CAFOs unless the regulated CAFOs sign an agreement to pay for laboratory analysis. The facility must request such an agreement and it shall be established in advance of any odor investigation by the department.

The commissioners additionally commented that if any one had any further comments or recommendations on how to address habitual or problem violators of any size or industry they would be interested in hearing them. Also, that all association representatives of any industry should be willing to work with their members especially those that have continual problems to prevent all facilities from being pulled into additional requirements. Addressing the bad actors at the association level will benefit all of their members.