Thursday, August 25, 2016

Changes Proposed To Regulation of Agrichemical Facilities In Missouri

The Missouri Department of Natural Resources is proposing an amendment to storage containment requirements for pesticides and fertilizers under 10 CSR 20-8.500 – Agrichemical. The purpose of this rule is to remove the requirement that agrichemical facilities without earthen basins obtain construction permits. Agrichemical facilities are sites where bulk agrichemicals are stored in non-mobile containers or dedicated containers and are being mixed, applied, repackaged or transferred between containers. Agrichemicals include any pesticides or fertilizers but do not include anhydrous ammonia fertilizer. Although a construction permit will no longer be required for Agrichemical facilities, they must continue to be constructed according to the design criteria detailed in rule.

Any new agrichemical facility after the effective date of this rule will need to be in compliance with all of these rules before the commencement of any operational activities or any storage or use of agrichemicals. All existing agrichemical facilities will need to be in compliance with the rule as follows:

  • secondary and operational area containment for pesticides— five (5) years from the date the rule is adopted; and
  • secondary and operational area containment for fertilizers—five (5) years from the date the rule is adopted.

Storage of bulk liquid fertilizer in a mobile container for more than thirty days is prohibited unless the mobile storage container is located within a secondary containment or operational containment area. All new operations will need to be designed for no discharge.

Any existing agrichemical facility that has a discharge of agrichemicals or process generated wastewater to the environment will be required to take immediate steps to implement the secondary and operational containment requirements contained in this rule in addition to any other remedy required. All agrichemical facilities will need to apply for an operating permit.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at or Caltha LLP Website

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