Record ID: 3911
Authority: Geological Survey Program
Rule Number: 10 CSR 023-01.010
Rule Name: DEFINITIONS
Rule Action Type: Amendment
Status: In Initial Development
Regulatory Impact Report: N/A

Rulemaking Calendar

Initiate the Rulemaking Process:
Actual: 5/27/2014 
Regulatory Impact Report 60 Day Comment Period Begins:
Expected:  
Actual:  
Proposed Rulemaking Filing with the Secretary of State:
Expected: 12/1/2014 
Actual:  
Published:  
Citation:  
Public Hearings:
1st Expected: 2/15/2015 
1st Actual:  
2nd Expected:  
2nd Actual:  
End of Public Comment Period:
Expected: 3/15/2015 
Actual:  
Adoption by Agency:
Expected:  
Actual:  
Rejected:  
Withdrawn:  
Legislative Action:
Expected:  
Let Pass:  
Suspended:  
Voided:  
Order of Rulemaking Filing with the Secretary of State:
Expected: 6/13/2015 
Actual:  
Published:  
Citation:  
Rulemaking in Effect:
Expected: 7/15/2015 
Actual:  
Emergency Rule Expires On:
Ends:   

Summary

Abstract Short: Some definitions need to be reviewed and amended so that they are not in contradiction to the definitions used by other programs within the department.

Contact

Sheri Fry
Missouri Department of Natural Resources
Geological Survey Program
573-368-2115

Rulemaking Report

1. What is the purpose of this rulemaking?

The purpose of this rulemaking is to clarify many of the definitions in this chapter since the last rule amendment in 1996. The drilling industry and outside stakeholders have requested inclusion of new definitions brought about by new technology and changes to industry standards since 1996. Other definitions need clarification to enable consistent use by contractors and staff.

Some definitions need to be reviewed and amended so that they are not in contradiction to the definitions used by other programs within the department.

2. Why is the rulemaking being proposed now?

The rulemaking is being proposed now to include definitions brought about by changes to industry standards and new technology. Definitions will be modified to improve consistency in use among programs within the department and reduce the number of contradictory definitions.

3. Will the rulemaking incorporate any document by reference, rather than state the language within the rulemaking?

No

4. Does this rulemaking prescribe environmental standards, limits or conditions and is a Regulatory Impact Report required for this rulemaking?

No, a regulatory impact report will not be required for this rulemaking as it will not prescribe environmental standards, limits, and conditions.

5. What authority does DNR have to carry out this rulemaking?

The Water Well Driller’s Act, Section 256.626 authorized the Well Installation Board to adopt and enforce rules and regulations pertaining to the construction and abandonment of wells.

6. What does the rulemaking require and how does it produce benefits?

The rulemaking should benefit the drilling industry as definitions will be more consistent with other programs within the department. Clarification of definitions should also benefit the drilling contractor by making the rules easier to understand.

Another benefit from the proposed amendment will include terminology used by the industry and will address new technology.

7. Who is most likely affected by the rulemaking?

Persons affected by the proposed rulemaking are drilling industry contractors and potential well owners, including small business owners. The impact on these persons should be positive because the definitions will be more clearly defined and will include definitions left out of the rulemaking in 1996.

8. What impact will the rulemaking have on small businesses? (A small business is defined by statute as a for-profit enterprise with fewer than 50 full or part-time employees.)

The proposed language should have a positive effect on small businesses depending on the final draft language. Changes to the definitions should make the Missouri Well Construction Rulebook easier to understand and allow more consistent meaning and use by contractors and staff.

9. What are the probable costs for the department or any other public agency in the implementation and enforcement of the rulemaking?

The probable cost for the department or other public agency in the implementation and enforcement of this proposed rulemaking is not expected to increase or decrease.

10. What is the anticipated effect of the rulemaking on state revenue?

The anticipated effect of the rulemaking is neutral for state revenue since no new fees are being imposed.

11. Who was/will be involved in developing the rulemaking?

Stakeholders and others that will be involved in the rulemaking process include landowners, the Missouri Water Well Association (MWWA), drilling and pump installation contractors, Well Installation Board, department’s Hazardous Waste Program, Solid Waste Management Program, Public Drinking Water Branch, Water Resources Center, Petroleum Storage Tank Insurance Fund (PSTIF) and any interested private persons.

The Well Installation Board will also hear comments to the proposed language during subsequent meetings to allow additional comment from interested stakeholders.

12. How has/will the development of the rulemaking been/be shared with interested parties and the public at large?

This rulemaking will follow the established rulemaking process that includes publishing the proposed amendment in the Missouri Register and concludes at the end of the public comment period. The rule will also be published on the department’s rules in development page and published in the industry newsletter. Notifications will be sent to contractors and interested stakeholders informing them of any stakeholder meetings and hearings. The Well Installation Board meetings are also open to the public.

13. Who may I contact to either ask questions or provide input on this rulemaking?

You may contact Sheri Fry of the Missouri Geological Survey, Geological Survey Program’s Wellhead Protection Section at 573-368-2115, via email at sheri.fry@dnr.mo.gov, or in writing at PO Box 250, Rolla, MO 65402

14. What is the expected calendar for this rulemaking, particularly the dates for the comment period and public hearing?

The Well Installation Board approved moving forward with rulemaking at its quarterly meeting on May 2, 2014. It is anticipated the formal public comment period and public hearing may be in January 2015.