Lawmaker proposal puts limits on power of DNR

JEFFERSON CITY, Mo. -- Legislation to make it more difficult for state officials to adopt environmental standards that exceed federal guidelines was endorsed by business and industry groups on Wednesday.

Small farmers and those worried about water quality at the state's recreational lakes, however, countered that Missouri regulators, not those in Washington, D.C., should determine what is best for the state.

A bill sponsored by state Rep. Peter Myers, R-Sikeston, generally would prohibit the Missouri Department of Natural Resources from imposing environmental rules more strict than those set by the Environmental Protection Agency.

In specific situations where federal guidelines were insufficient or nonexistent, DNR would be allowed to set higher standards by showing sufficient proof of a need. Myers said that exemption is important.

"We want to make sure that if there is a threat to the environment or human health, DNR can step in," Myers said.

According to the measure's fiscal note, it would cost the state at least $447,000 over the next three years to implement as some 160 existing DNR rules would have to be rewritten. Myers questioned the cost but said he would be willing to amend the bill so it only applied to future DNR actions.

Hours of testimony

The House Conservation and Natural Resources Committee heard more than two hours of testimony from both supporters and opponents of the bill. However, with numerous opponents still waiting to speak when the panel adjourned, the hearing will resume next week.

Norb Plassmeyer, senior vice president of Associated Industries of Missouri, said clearly defined procedures for adopting more stringent standards would make Missouri more attractive to business.

Leslie Holloway of the Missouri Farm Bureau said the bill would limit "unwarranted regulations that impose unnecessary costs" on farmers.

"If they are going to go beyond the federal standards, they should have to provide justification for it," Holloway said.

Michael Grote, general counsel for the Missouri Chamber of Commerce, said the bill would provide consistency between state and federal standards and make it easier for businesses to know what the rules are.

"A business is not going to locate its operations in any state where regulations are put in place for no justifiable reason," Grote said.

State Rep. Mike Sager, D-Lee's Summit, asked supporters to cite a specific example where DNR promulgated a rule that didn't address a legitimate problem. Aside from vague or third-hand accounts, none could.

Sager also questioned why Missouri would want to defer to the EPA on state environmental issues.

"It seems to me like we're taking our own sovereign state's rights away by putting us under the federal umbrella," Sager said.

Some opponents who had a chance to testify elaborated on the issue of local control.

"I'm surprised by statements being made here today that we want the federal government to make rules and regulations here in Missouri," said Delane Dunn, president of the Land, Home and Water Preservation Association of Stockton, which is along Stockton Lake in southwest Missouri.

He said the one-size-fits-all federal rules do not take into account conditions specific to Missouri.

Terry Spence, a farmer in Putnam County in northern Missouri, said DNR rules aren't troublesome for small farmers, but have proved necessary to control damage caused by large-scale industrial livestock farms that generate "mass-produced manure."

"I don't feel regulations have been over burdensome for individual producers who have been good stewards of the land," Spence said.

David Casaletto of Table Rock Lake Water Quality Inc. said the bill, if not amended to exempt more strict DNR rules already in place, could have a devastating impact on the lake, which draws tens of thousands of tourists annually.

Several years ago, DNR imposed restrictions on the rising phosphorous levels, which have clouded the once-clear waters of the lake and contributed to fish kills. Casaletto said the EPA has no guidelines on phosphorous.

"That rule would be out the window," Casaletto said. "That would be scary to me."

The bill is HB 215.

mpowers@semissourian.com

(573) 635-4608