Jeremi ah W. Uay) Nixon, Gov ernor • Sara Parker P auley, Dir ector 

# T OF NATURAL RESOURCES

www.dnr.mo.gov



# MAY - 4 2012

Mr. Karl Brooks Regional Administrator
U.S. EPA, Region VII
901 North Fifth Street
Kansas City, KS 66101

DearMr. Brooks:

The Missouri Air Conservation Commission has recentlyrevised orpromulgated the following regulation(s) for the Missouri State Implementation Plan (SIP). The following is enclosed for

yourreview:

10 CSR 10-5.455 Control ofEmissions From Industrial Solvent CleaningOperations

The amendment that was adopted on April 28

, 2011 lowered the allowable emissions threshold
for volatile organic compounds released per day from the use, storage and disposal ofindustrial cleaning solvents; added requirements for facilities that exceed the applicabilitythreshold; and incorporated changes to beconsistent withthecurrent federal Reasonably Available Control Technology guidance documents. The subsequent amendment, adopted on February 2,2012, incorporated equipment cleaning work practices as a compliance option for manufacturers of coatings

, inks, and resins.

The commission adopted the enclosed rule action(s) on April 28

, 2011 and February 2,2012
after considering comments received at public hearing. The commission has full legal authority

to develop rules pursuant to Section 643.050 ofthe Missouri Air Conservation Law

. The state followed all applicable administrative procedures in proposing and adopting the rule action(s)

. Enclosed are the required SIP submittal elements for determination ofplan completeness per40
CFR Part 51, Appendix V.

The Missouri Department ofNatural Resources requests that the U

.S

. Environmental Protection Agency amend the SIP to replace the current rule(s) in the SIP.

Compliant with the April 6, 2011 SIP regional consistencymemo, an exact duplicate ofthis
submittal is also being provided as an electronic attachment in an email to the Region VII
Missouri coordinator.

Thank you for your attention to this matter. Ifyou have any questions regarding this submittal

, 

# o

R ecycled (laper

## Mr. Karl Brooks Page Two

please contact Wendy Vit, with the Department's Air Pollution Control Program at P.O. Box 176, Jefferson City, MO 65102 orbyphone at (573) 751-7840.

Sincerely,

AIR POLLUTION CONTROLPROGRAM

# ~M~eY Director

KLM:spc

Enclosures:

Copy ofrule published in CSR Copyofcommission signature page certifying Missouri AirConservation Commission adoption Copy oftechnical support documentation for rule (ifapplicable) Copies ofpublichearing newspaper notices Copy ofpublichearingtranscript introductory statement Copy ofMO Regproposed rulemaking CopyofMO Reg orderofrulemakingwith comments/responses

c: Missouri Air Conservation Commissionthan three hundred degrees Fahrenheit (300 °F). D. The inlet or as-applied rolling lubricant temperatures at each mill shall not exceed one hundred sixty degrees Fahrenheit(160 °F) and such temperatures shall be monitored at all times that the mill is in operation.

(B) Large Emission Sources.

1. For any rolling mill that has ever had actual VOC emissions equal to or greater than one thousand (1,000) tons per calendar

year— A. Emissions capture methods and emissions control equipment must be installed and used, which will result in an
overall VOC emission reduction of at least eighty percent (80%). B. An affected facility shall submit a compliance plan that details how the required
VOC emissions will be controlled. The compliance plan shall include: (I) A physical description and the operating characteristics of the rolling mill; (II) A physical description of the capture methods to be used and the operating characteristics and design specifications of the control equipment; (III) Expected annual quantities ofmaterial throughputs to the mill and the control equipment; (IV) Potential VOC emissions, expected actual VOC emissions from the mill, both controlled and uncontrolled, andtotal operating hours from the two (2) previous calendar years to be used as a baseline
for determination of overall emissions reductions; (V) Proposed methods of testing, monitoring, record keeping and reporting for determining compliance with this rule;(VI) A compliance schedule detailing all important interim dates up to and including final compliance testing; and (VII) Any additional information as requested by the director.C. The compliance plan shall be submitted to the director no later than sixty (60) days after the effective date of this rule.D. The compliance plan shall be subject to the approval of the director. 2. Contingency plans.

A. Should an affected facility not be able to meet the overall eighty percent (80%) VOC emission reduction, the facility must develop and submit a plan detailing corrective
actions to obtain VOC emission reductions equivalent to the shortfall. The contingency plans shall be submitted to the director for approval. B. The contingency plan shall include the following:(I) The total VOC emission reductions that will be achieved by the plan; (II) The emission reduction method of control that will be used to make up for any shortfall in the original compliance plan; (III) Proposed method of record keeping; and (IV) A proposed implementation
schedule.C. The contingency plan shall be submitted no later than one hundred twenty (120) days after a determination is made that the compliance plan does not meet the eighty percent (80%) emission reduction.

(4) Record Keeping.

(A) For cold rolling mills—

1. Records of rolling lubricant formulations with identification of all oils and additives shall be maintained; 2. Records of the initial and final boiling points of all as-received oil shipments shall be maintained; 3. Records of the initial boiling points ofthe as-applied rolling lubricant shall be maintained on a monthly basis; 4. The temperature of the as-appliedrolling lubricant shall be continuously recorded; and5. All records of rolling lubricant formulations, distillation tests for oils, and asapplied rolling lubricants and rolling lubricant temperatures shall be retained for a period of at least three (3) years and be immediately available for inspection upon request by the department or any agency with proper authority.

(B) For intermediate and finishing mills—

1. Records of rolling lubricant formulations with identification of all oils and additives shall be maintained; 2. Records of the initial and final boiling points of all as-received oil shipments shall be maintained; 3. Records of the initial boiling points ofthe as-applied rolling lubricant shall be maintained on a monthly basis; 4. The temperature of the as-appliedrolling lubricant shall be continuously recorded; and5. All records of rolling lubricant formulations, distillation tests for oils, andas-applied rolling lubricants and rolling lubricant temperatures shall be retained for a period of at least three (3) years and be immediately available for inspection upon request by the department or any agency with proper authority.

(5) Determination of Compliance.

(A) All incoming shipments of oil shall be sampled and a distillation range test shall be performed using American Society for Testing and Materials (ASTM) methods D86-99, Standard Method for Distillation of
Petroleum Products or other methods approved by the director. The results of suchtests shall be used for compliance with subparagraph (3)(A)1.B. of this rule and subparagraph (3)(A)2.B. of this rule.

(B) A grab sample of the as-applied rolling lubricants shall be taken on a monthly basis from each mill during any month that a mill is in operation. A distillation range test shall be performed using ASTM methods. The
results of such tests shall be used to determine compliance with subparagraphs (3)(A)1.C. and (3)(A)2.C.

(C) Compliance with subparagraphs (3)(A)1.D. and (3)(A)2.D. shall be met with continuous monitoring and recording of the rolling lubricant temperature.

(D) Determination of the eighty percent (80%) emission reduction requirement in subparagraph (3)(B)1.A. shall be determined through control efficiency emissions testing.

AUTHORITY: section 643.050, RSMo Supp. 1999.* Emergency rule filed March 15, 1995, effective March 25, 1995, expired July 11, 1995. Original rule filed March 15, 1995, effective Nov. 30, 1995. Amended: Filed Feb. 9, 2000, effective Sept. 30, 2000.

*Original authority: 203.050, RSMo 1965, amended
1972, transferred to 643.050, RSMo 1986, amended 1992,

1993, 1995.

10 CSR 10-5.455 Control of Emissions From Industrial Solvent Cleaning Operations

PURPOSE: This rule will reduce the volatile organic compounds emissions from industrial cleaning operations that use organic solvents.

(1) Applicability.

(A) This rule shall apply throughout St. Louis City and the Counties of Jefferson, St. Charles, Franklin, and St. Louis.

(B) This rule shall apply to any person who performs or allows the performance of anycleaning operation involving the use of organic solvents or solvent solutions. Except as

64 CODE OF STATE REGULATIONS (4/30/12) ROBIN CARNAHAN Secretary of State 

## 10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

## Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area 10 CSR 10-5

provided in subsections (1)(C) through (1)(G) of this rule, the provisions of this rule shall apply to any stationary source that emits at least three (3) tons per twelve (12)-month rolling period or more of volatile organic compounds (VOCs) from cleaning operations at the source, in the absence of air pollutioncontrol equipment, and stores and/or disposes of these solvent materials.

(C) The following solvent cleaning operations are not subject to the provisions of this
rule:1. Cold cleaner; 2. Open top vapor degreaser; 3. Conveyorized cold cleaner; 4. Conveyorized vapor degreaser; 5. Stripping of cured coatings, cured ink, or cured adhesives;6. Cleaning operation in printing prepress or graphic arts pre-press area, includingthe cleaning of film processors, color scanners, plate processors, film cleaning, and plate cleaning; 7. Nonmanufacturing area cleaning. Nonmanufacturing areas include cafeterias,laboratories, pilot facilities, restrooms, janitorial cleaning, including graffiti removal, and office buildings; and 8. Cleaning operations for emission units within the following source categories listed for regulation under section 183(e) of
the Clean Air Act: A. Aerospace coatings; B. Auto and light duty truck assembly coatings; C. Fiberglass boat manufacturing materials; D. Flat wood paneling coatings;E. Flexible packaging printing materials; F. Large appliance coatings; G. Letterpress printing materials; H. Lithographic printing materials; I. Metal furniture coatings; J. Miscellaneous industrial adhesives;K. Miscellaneous metals parts coatings; L. Paper, film, and foil coatings; M. Plastic parts coatings; N. Shipbuilding and repair coatings;
and O. Wood furniture coatings.

(D) The following solvent cleaning operations are exempt from the VOC-content limitations specified in subsection (3)(A) of this
rule: 1. Cleaning of solar cells, laser hardware, scientific instruments, and high-precision optics;2. Cleaning conducted as part of the following: performance laboratory tests on coatings, adhesives, or inks; research and development programs; and laboratory tests in quality assurance laboratories; 3. Cleaning of paper-based gaskets and
clutch assemblies where rubber is bonded to metal by means of an adhesive; 4. Cleaning of cotton swabs to removecottonseed oil before cleaning of high-precision optics;5. Cleaning at medical device and pharmaceutical facilities using up to one and onehalf (1.5) gallons per day of solvents; 6. Cleaning of adhesive application equipment used for thin metal laminating; 7. Cleaning of electronic or electrical cables; 8. Touch-up cleaning performed on printed circuit boards where surface mounted devices have already been attached; 9. Cleaning of coating and adhesive application processes utilized to manufacture transdermal drug delivery product using less than three (3) gallons per day of ethyl acetate; 10. Cleaning of application equipmentused to apply coating on satellites and radiation effect coatings; 11. Cleaning of application equipment used to apply solvent-borne fluoropolymer coatings; 12. Cleaning of ultraviolet or electron beam adhesive application; 13. Cleaning of sterilization indicating ink application equipment if the facility uses less than one and one-half (1.5) gallons per day of solvents for such cleaning;14. Cleaning of metering rollers, dampening rollers, and printing plates; 15. Cleaning of numismatic dies; and 16. Cleaning of operations associated with digital printing.

(E) Cleaning with aerosol products shall be exempt from the requirements of subsection (3)(A) of this rule if the facility uses one and one-quarter (1.25) gallons (one hundred sixty (160) fluid ounces) or less of the aerosol products per day.

(F) Cleaning operations at a manufacturer of coatings, inks, or resins are exempt from subsections (3)(A) and (3)(B) of this rule.

(G) Subsection (3)(E) applies to manufacturers of coatings, inks, and resins only.

(H) Once a source has exceeded the applicability level of this rule, it shall remain subject to this rule even if its actual emissions drop below the applicability level of this rule until it can demonstrate, to the satisfaction ofthe director, that the total actual VOC emissions from solvent cleaning operations, before consideration of controls, is less than three (3) tons per twelve (12)-month rolling period for sixty (60) consecutive months.

(2) Definitions. Definitions of certain terms specified in this rule may be found in 10 CSR
10-6.020.

(3) General Provisions.

(A) VOC-Content Limitations. No owner or operator of a source subject to this rule shall perform any cleaning operation subject to this rule unless the owner or operator meets the requirements in paragraph (3)(A)1., (3)(A)2., or (3)(A)3. of this rule—
1. The VOC content of the as-used cleaning solutions (minus water and exempt compounds) shall not exceed the following
emissions limitations:A. Product cleaning during manufacturing process or surface preparation for coating, adhesive, or ink application.

B. Repair and maintenance cleaning.

C. Cleaning of ink application equipment.

CODE OF STATE REGULATIONS 65 ROBIN CARNAHAN (4/30/12) Secretary of StateD. All other solvent cleaning operations.

2. The composite vapor pressure of each as-used cleaning solution used does not exceed eight millimeters of mercury (8.0 mmHg) measured at twenty degrees Celsius (20 °C) (sixty-eight degrees Fahrenheit (68 °F)); or 3. An oxidizer or carbon adsorber is installed and operated that reduces VOC emissions from the subject cleaning operation by at least eighty-five percent (85%) overall. The owner or operator may use an emission control system other than an afterburner or carbon adsorber if such device reduces VOC emission from the subject cleaning operation by at least eighty-five percent (85%) by mass, the owner or operator submits a plan to the director detailing appropriate monitoring devices, test methods, record-keeping requirements, and operation parameters for such a control device, and such a plan is approved by the director and the U.S. Environmental Protection Agency (EPA)within federally-enforceable permit conditions.

(B) Cleaning Devices and Methods. The owner or operator of a facility that is subject to this rule shall employ one (1) or more of the following cleaning devices and methods: 1. Wipe cleaning; 2. Closed containers or hand-held spray bottles from which solvents are applied;3. Cleaning equipment which has a solvent container that can be, and is, closed during cleaning operations, except when depositing and removing objects to be cleaned, and is closed during non-operation with the exception of maintenance and repair to the cleaning equipment itself; and4. Remote reservoir cleaner, if the operator of the cleaner complies with all of the following: A. Prevents solvent vapors from escaping from the solvent container by using such devices as a cover or a valve when the remote reservoir is not being used, cleaned, or repaired; B. Directs solvent flow in a manner that will prevent liquid solvent from splashing outside of the remote reservoir cleaner; C. Does not clean porous or absorbent materials, such as cloth, leather, wood, or rope; D. Uses only solvent containers free of all liquid leaks. Auxiliary equipment, such as pumps, pipelines, or flanges, shall not have any liquid leaks, visible tears, or cracks.Any liquid leak, visible tear, or crack detected shall be repaired within one (1) calendar day, or the leaking section of the remote reservoir cold cleaner shall be drained of all solvent and shut down until it is repaired or replaced; E. Non-atomized solvent flow method where the cleaning solvent is collected in a container or a collection system which is closed except for solvent collection openings and, if necessary, openings to avoid excessive pressure build-up inside the container; and F. Solvent flushing method where thecleaning solvent is discharged into a container which is closed except for solvent collection openings, and, if necessary, other openings to avoid excessive pressure build-up inside the container. The discharged solvent from the equipment must be collected into containers without atomizing into the open air. The solvent may be flushed through the system by air or hydraulic pressure or by pumping.

(C) Operating Requirements. The owner oroperator of a source subject to the requirements of this section shall comply with the following for each subject cleaning operation:1. Cover all open containers and properly cover and store applicators used to apply cleaning solvents;2. Dispose of all used cleaning solutions, cleaning towels, and applicators used to apply cleaning solvents in closed containers that are nonleaking and nonabsorbent; 3. Minimize air circulation around the cleaning operation; and4. Utilize equipment practices that minimize emissions. (D) Control Device Inspection. For catalytic oxidizers, the catalyst bed materialshall be inspected annually for general catalyst condition and any signs of potential catalyst depletion. The owner or operator shallalso collect a representative sample of the catalyst from the oxidizer, per manufacturer’srecommendations, and have it tested to evaluate the catalyst’s capability to continue tofunction at or above the required control efficiency. An evaluation of the catalyst bed material shall be conducted whenever the results of the inspection indicate signs of potential catalyst depletion or poor catalystcondition based on manufacturer’s recommendations but not less than once per year.

(E) Requirements for coatings, inks, and resin manufacturers. Coating, ink, and resinmanufacturers must comply with the following requirements: 1. Clean portable or stationary mixing vats, high dispersion mills, grinding mills, tote tanks, and roller mills by one (1) or more of the following methods: A. Use a solvent or solvent solution that either contains less than 1.67 pounds per gallon (0.20 kilograms per liter) of VOC or has a composite vapor pressure no more than eight millimeters of mercury (8.0 mmHg) at twenty degrees Celsius (20 °C); B. Collect and vent the emissions from equipment cleaning to a VOC emission control system that has an overall capture and control efficiency of at least eighty percent (80%) by weight for the VOC emissions.Where such reduction is achieved by incineration, at least ninety percent (90%) of the organic carbon shall be oxidized to carbon dioxide; C. Use organic solvents other than those allowed in subparagraph (3)(E)1.A. of this rule provided no more than sixty (60) gallons (two hundred twenty-eight (228) liters) of fresh solvent shall be used permonth. Organic solvent that is reused or recycled (either onsite or offsite), for further use in equipment cleaning or the manufacture of coating, is not included in this limit; or D. Comply with the following work practices: (I) Equipment being cleaned must be maintained leak free;(II) VOC-containing cleaning materials must be drained from the cleaned equipment upon completion of cleaning; (III) VOC-containing cleaning materials, including waste solvents, shall not be stored or disposed of in such a manner thatwill cause or allow evaporation into the atmosphere; and (IV) Store all VOC-containing materials in closed containers; and

66 CODE OF STATE REGULATIONS (4/30/12) ROBIN CARNAHAN Secretary of State 

## 10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

## Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area 10 CSR 10-5

2. When using solvent for wipe cleaning, the owner or operator of a facility shall— A. Not use open containers for thestorage or disposal of cloth or paper impregnated with organic compounds that is used for cleanup or coating, ink, or resin removal;
and B. Not store spent or fresh organic compounds to be used for cleanup or coating, ink, or resin removal in open containers.

(4) Reporting and Record Keeping. All owners and operators subject to this rule shall maintain records as required by this sectionsufficient to determine continuous compliance with this rule. These records shall bekept for at least five (5) years to be automatically extended if enforcement action is pending. These records shall be made available immediately upon request for review by the Department of Natural Resources’ personnel and other air pollution control agencies upon presentation of proper credentials.

(A) The owner or operator of a facility thatincludes an industrial solvent cleaning operation shall keep records detailing specific VOCuses as necessary for the director to determine monthly compliance. All facility records must include the following: 1. A list of all solvents currently used
and/or stored at the site. The list shall include the following information: A. Cleaning solvent type by name/code/manufacturer;
B. The actual VOC content of the cleaning solvents, based upon EPA Method 24, of each cleaning material, in pounds per gallon of material, as applied or the VOCcomposite partial vapor pressures of the solvents or solvent solutions used in the industrial cleaning operations. This calculation need only be performed once for each batch of cleaning solution used; and C. The actual mixing ratio for the cleaning solvent as applied; and2. Records of usage including the following information: A. Monthly records of total applied volume in gallons for each cleaning solvent used; B. Monthly records of solvent cleaning activity associated with each solvent used; C. Monthly records of total volume of aerosol products in ounces used; and D. The total monthly VOC emissions (summation of gallons × VOC content (in pounds per gallon)).

(B) If a facility includes automatic equipment, records shall also include, as applicable, the following: 1. For a source with automatic equipment that prepares each batch of cleaning solution(s) on site, records for each batch
shall include:
A. The name and identification of each cleaning solution; B. The VOC content of each cleaning solvent in the cleaning solution; C. Each change to the setting of the automatic equipment, with date, time,description of changes in the cleaning solution constituents (e.g., cleaning solvents), and description of changes to the proportionof cleaning solvent and water (or other nonVOC); D. The proportion of each cleaning solvent and water (or other non-VOC) used to prepare the as-used cleaning solution;
E. The VOC content of the as-usedcleaning solution, with the supporting calculations; and F. A calibration log for the automatic equipment, detailing periodic checks;2. For a source with automatic equipment that does not prepare cleaning solution(s) on site, records for each batch of cleaning solution shall include:
A. The name and identification of each cleaning solution; B. Date, time of preparation, and each subsequent modification of the batch; C. The VOC content of each cleaning solvent in the cleaning solution; D. The total amount of each cleaning solvent and water (or other non-VOC) used to prepare the as-used cleaning solution; and
E. The VOC content of the as-usedcleaning solution, with supporting calculations; and 3. For cleaning solutions that are notprepared at the site, but are used as-purchased, the manufacturer’s specifications forVOC content may be used if such manufacturer’s specifications are based on the results
of tests of the VOC content in accordance
with EPA Method 24.

(C) Any owner or operator using an emission control device pursuant to this rule shallmaintain records, on a daily basis, of key system operating parameters for emission control equipment, including, but not limited to: 1. Identification of the type of emissions control system used; 2. Hours of operation;
3. Routine and non-routine maintenance, including dates and duration of any outages; 4. Records of test reports conducted; 5. If an owner or operator of a solventcleaning operation employs a thermal oxidizer or catalytic oxidizer to achieve and maintain compliance, the owner or operator shall comply with the following requirements:A. Continuous temperature monitoring and continuous temperature recording equipment shall be installed and operated toaccurately measure the operating temperature(s) for the control device; and B. The following information shall be collected and recorded each day of operationof the solvent cleaning operation and the control device, and the information shall be maintained at the facility for a period of five (5) years: (I) A log or record of the operatingtime for the control device, monitoring equipment, and the associated solvent cleaning operation;(II) For thermal oxidizers, all three (3)-hour periods of operation during which the average combustion temperature was more than fifty degrees Fahrenheit (50 °F) below the average combustion temperature during the most recent emission test thatdemonstrated that the solvent cleaning operation was in compliance; and (III) For catalytic oxidizers, all three (3)-hour periods of operation during which the average temperature of the dryer exhaust gases immediately before the catalyst bed was more than fifty degrees Fahrenheit (50 °F) below the average temperature of the dryer exhaust gases during the most recent
emission test that demonstrated that the solvent cleaning operation was in compliance, and all three (3)-hour periods during which the average temperature difference across the catalyst bed was less than eighty percent (80%) of the average temperature difference during the most recent emission test thatdemonstrated that the solvent cleaning operation was in compliance; and 6. If an owner or operator of a solventcleaning operation employs a carbon adsorption system to achieve and maintain compliance, the owner or operator shall comply with the following requirements:A. Monitoring and recording equipment that records all of the following shall beinstalled and operated for the carbon adsorption system:(I) A continuous emission monitoring and recording system that is capable ofaccurately measuring and recording the concentration of organic compounds in theexhaust gases from the carbon adsorption system; (II) Monitoring and recording equipment that are capable of accurately measuring and recording the total mass steam flow rate for each regeneration cycle of each carbon bed; and

CODE OF STATE REGULATIONS 67 ROBIN CARNAHAN (4/30/12) Secretary of State(III) Monitoring and recording equipment that are capable of accurately measuring and recording the temperature of each carbon bed after regeneration (and after completion of any cooling cycle(s)); and B. The following information shall be collected and recorded each day of operationof the solvent cleaning operation and the carbon adsorption system: (I) A log or record of the operatingtime for the carbon adsorption system, monitoring equipment, and the associated solvent cleaning operation; (II) For a carbon adsorption systemthat employs a continuous emission monitoring and recording system to measure andrecord the concentration of organic compounds in the exhaust gases, all three (3)- hour periods of operation during which the average concentration level or reading in the exhaust gases is more than twenty percent (20%) greater than the exhaust gas organic compound concentration level or reading measured by the most recent performance test that demonstrated that the solvent cleaning operation was in compliance;(III) For a carbon adsorption system that employs monitoring and recording equipment to measure and record the total mass steam flow rate for each regeneration cycle of each carbon bed, all carbon bed regeneration cycles during which the totalmass steam flow rate was more than ten percent (10%) below the total mass steam flow rate during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance; and(IV) For a carbon adsorption system that employs monitoring and recordingequipment to measure and record the temperature of each carbon bed after regeneration (and after completion of any cooling cycle(s)) was more than ten percent (10%) greater than the carbon bed temperature during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance.

(5) Test Methods. Certain test methods mentioned in this rule may be found in 10 CSR 10-6.030. Other EPA test methods specific to this rule may be found in 40 CFR 60, Appendix A.

(A) Control Efficiency Testing. To demonstrate compliance with the emission limits ofsubsection (3)(C) of this rule, an initial emission test shall be performed after any required control equipment is installed. The emission limits shall not have been met until compliance has been verified through this testing. Testing shall also be required after significant modifications to any control equipment required by this rule. Significant modifications include any repairs or changes that might substantially alter or affect the overall control efficiency. This subsection outlines the methods to be used for any such testing.1. The emission unit shall be run at typical operating conditions and flow rates compatible with scheduled production during any emission testing. 2. EPA Method 1 or 1A, as appropriate, shall be used to select the sampling sites. 3. EPA Method 2, 2A, 2C, or 2D, as appropriate, shall be used to determine the velocity and volumetric flow rate of the
exhaust stream. 4. EPA Method 3 or 3A, as appropriate, shall be used to determine the concentration of oxygen (O2) and carbon dioxide (CO2).5. EPA Method 4 shall be used to determine moisture content. 6. EPA Method 18, 25, or 25A shall be used to determine the VOC concentration of the exhaust stream entering and exiting the control device, unless the alternate limit in paragraph (3)(C)2. of this rule is being used for compliance, in which case only the VOC concentration of the exit exhaust shall be determined. In cases where the anticipated outlet VOC concentration of the control device is less than fifty parts per million by volume (50 ppmv) as carbon, EPA Method 25A shall be used. 7. If EPA Method 25A is used—

A. The outlet readings from a thermal or catalytic oxidizer may be corrected by using EPA Method 18 or 25 to determine non-VOC components (methane and ethane) and subtracting these from the Method 25A result; and B. The director may require a retestby EPA Method 18 or 25 if the average corrected outlet reading is greater than fifty (50) ppmv VOC as carbon. 8. A compliance test shall consist of upto three (3) separate runs, each lasting a minimum of sixty (60) minutes unless the director determines that the circumstances dictate shorter sampling times. 9. EPA Method 25 specifies a minimum probe temperature of two hundred sixty-fivedegrees Fahrenheit (265 °F). To prevent condensation, the probe should be heated to at least the gas stream temperature, typically close to three hundred fifty degrees Fahrenheit (350 °F).10. EPA Method 25A specifies a minimum temperature of two hundred twenty degrees Fahrenheit (220 °F) for the samplingcomponents leading to the analyzer. To prevent condensation when testing heatset printing presses, the sampling components andflame ionization detector lock should be heated to at least the gas stream temperature, typically close to three hundred fifty degrees Fahrenheit (350 °F). 11. The oxidizer operating temperature or the temperature of the gas upstream of the catalyst bed may be used as the operatingparameter for determining continuous compliance with the emission standard of subsection (3)(C) of this rule. This temperatureshall be computed as the time-weighted average of the temperature values recorded duringthe test. The owner or operator must maintain the oxidizer at a three (3)-hour average temperature no less than fifty degreesFahrenheit (50 °F) below the average temperature observed during the most recent stack test to demonstrate continuous compliance. 12. Use of an adaptation to any of the methods specified in this subsection may be approved by the director on a case-by-case basis. The owner or operator shall submit sufficient documentation for the director tofind that the methods specified in this subsection will yield inaccurate results and that the proposed adaptation is appropriate. 13. To determine capture efficiency, use the procedure in 10 CSR 10-6.030(20).

(B) VOC Content Testing for CleaningSolutions. The VOC content or VOC composite partial vapor pressure of cleaning solutions shall be determined by one (1) of the following: 1. Analysis by EPA Method 24 for VOC content or by an appropriate method for VOC composite partial vapor pressure of a sample of the cleaning solution. The analysis may be performed by the supplier of those materials; 2. Calculation for VOC content that combines EPA Method 24 analytical data for the concentrated materials used to prepare the cleaning solution and the proportions in which they are mixed to make the cleaning solution as applied. Owners or operators may use formulation information provided with the concentrated materials used to prepare the cleaning solution, such as the container label, the product data sheet, or the Material Safety Data Sheet (MSDS) to document the VOC content of the concentrated material; or 3. If cleaning is not diluted prior to use, MSDS or manufacturer’s formulation data sheet may be used.

AUTHORITY: section 643.050, RSMo Supp. 2011.* Original rule filed Oct. 7, 1994, effective May 28, 1995. Amended: Filed July 15, 1996, effective Feb. 28, 1997. Amended: Filed Nov. 30, 2010, effective Aug. 30, 2011. Amended: Filed Sept. 16, 2011, effective May 30, 2012.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011; transferred from 203.050
in 1986.

68 CODE OF STATE REGULATIONS (4/30/12) ROBIN CARNAHAN Secretary of State 

## 10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

## Order of Rulemaking



## Compliant with 643.055 RSMo, the Missouri Air Conservation Commission has
determined that this action is needed to have a U.S. Environmental Protection Agency approved State Implementation Plan.

10 CSR 10-5.455 (amendment) Control of Emissions from Industrial Solvent Cleaning Operations is hereby AMENDED 

## by the Missouri Air Conservation Commission this 2nd 

## day of February, 2012

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Missouri Newspapers, Inc., Publisher of the News Tribune, a newspaper printed and published in the County of Cole, and State aforesaid; that said newspaper has been published continuously for more than three years; and that the notice hereto attached was published in said paper in compliance with the provisions ofSection493.050

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______________MISSOURI AIR CONSERVATION COMMISSION WILL HOLD PUBLIC HEARING JEFFERSON CITY, MO The Missouri Air Conservation Commission will hold a public hearing on the use of fuel in hand-fired equipment; coal washing; control of emissions from mdustrial processes, solvent cleaning operations, and municipal solid waste landfills; and definitions and common reference tables on Thursday, December 8, 2011. The Public Hearing will begin at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the following item(s). * 10 CSR 10-5.040 (amendment) Use of Fuel in Hand-Fired Equipment Prohibited This proposed amendment will allow the burning of certain fuels, such as clean wood and biomass, in non-residential hand-fired equipment in the St. Louis Metropolitan area. Combustion practices and restrictions will be specified to ensure the eqUipment is operated in an environmentally-sound

manner. 

### * 10 CSR 10-5.455 (amendment) Control of Emissions from Industrial Solvent Cleaning Operations This proposed amendment will incorporate a change requested during the public comment period on a recent rulemaking that was not integrated into the rule text in the manner intended by the commenter. This change to the rule will incorporate equipment cleaning work practices as a compliance option for manufacturers of coatings, inks, and resins in the St. Louis area. 

### * 10 CSR 10-5.130 (amendment) Certain Coals to be Washed This proposed amendment will update the area specific indirect heating rule references with the new statewide consolidated indirect heating rule 10 CSR 10-6.405 that became effective October 30, 2011. * 10 CSR 10-6.020 (amendment) Definitions and Common Reference Tables This proposed amendment will update the area specific indirect heating rule references with the new statewide consolidated indirect heating rule 10 CSR 10-6.405 that became effective October 30, 2011. At the same time, this rulemaking adds definitions of particulate matter for consistency with a December 2010 federal register notice that updated the federal definitions of particulate matter and removes the reference to 10 CSR 10-6.010 which is
not necessary because it is redundant to national ambient air quality standards. * 10 CSR 10-6.400 (amendment) Restriction of Emission of Particulate Matter From Industrial Processes This proposed amendment will update the area specific indirect heating rule references with the new statewide consolidated indirect heating rule 10 CSR 10-6.405 that became effective October 30, 2011. * 10 CSR 10-5.490 (amendment) Municipal Solid Waste Landfills This proposed amendment will update the rule to maintain consistency with the federal emission guidelines for municipal solid waste landfills, subpart Cc, that were published in the Federal Register on April 10, 2000, October 17, 2000, and September 21, 2006. These updates corrected typographical and formatting errors and corrected inconsistencies from previous final rule actions. At the same time, additional language and formatting changes are being made for consistency with 10 CSR 10-6.310. Note that definitions proposed for removal in this rulemaking have been added to the general definition rule, 10 CSR 10-6.020. 

### * 10 CSR 10-6,310 (amendment) Restriction of Emissions from Municipal Solid Waste Landfills This proposed amendment will update the rule to maintain consistency with the federal emission guidelines for municipal solid waste landfills, subpart Cc, that were published in the Federal Register on April 10, 2000, October 17, 2000, and September 21, 2006. These updates corrected typographical and formatting errors and corrected inconsistencies from previous final rule actions. Note that definitions proposed for removal in this rulemaking have been added to the general definition rule, 10 CSR 10-6.020. 

### * The State Implementation Plan Actions on Public Notice website (http://dnr.mo.gov/env/apcp/stateplanrevisions.htm) should also be viewed for plan actions that are included in the publiC hearing. Documents for the above item(s) will be available for review at the Missouri Department of Natural Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson City, (573) 751-4817 and in the Public Notices section of the program web site www.dnr.mo.gov/env/apcp/index.htmI.This information will be available at least 30 days prior to the public hearing date. Persons with disabilities requiring special services or accommodations to attend the meeting can make arrangements by calling the Department directly at (573) 526-4679, the Department's toll free number at (800) 334-6946, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commission Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966. The commission holds public hearings under the provisions of chapter 643, RSMo. Citizens wishing to speak at the public hearing should notify the secretary to the Missouri Air Conservation CommisSion, Missouri Department of Natural Resources, Air Pollution Control Program, P.O. Box 176, Jefferson City, Missouri 65102-0176, or telephone (573) 526-4679. The Department requests persons intending to give verbal presentations also provide a written copy of their testimony to the commission secretary at the time of the public hearing. The Department also will accept written or email
comments for the record until 5 p.m. on December 15, 2011; please send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments regarding rule actions shall be sent to apcprulespn@dnr.mo.gov and email comments regarding plan actions shall be sent to apcpsip@dnr.mo.gov

. All written and email comments and public hearing testimony will be equally considered. Public hearing items may be adopted by the Missouri Air Conservation Commission as provided for under authority of 643.050, RSMo. For more information or a complete meeting agenda, including items being presented for adoption, contact the Missouri Department of Natural Resources' Air Pollution Control Program at (573) 751-4817. N.T. November 6, 2011

## PUBLIC HEARING 12/8/2011

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334 

## MIDWEST LITIGATION SERVICES Page 1

BEFORE THE AIR CONSERVATION COMMISSION
STATE OF MISSOURI

DECEMBER 8, 2011

MISSOURI AIR CONSERVATION COMMISSION
PUBLIC HEARING Elm Street Conference Center
1730 East Elm Street
Lower Level Bennett Springs Conference Room Jefferson City, Missouri 65101
9:00 a.m.

BEFORE:

Mark Garnett, Chairman Gary Pendergrass Ron Boyer Jack Baker David Zimmermann

(Starting time of the public hearing: 9:27 a.m.)

REPORTED BY:

Pamela Fick, RMR, RPR, MO CCR #447 Midwest Litigation Services 3432 West Truman Boulevard, Suite 207 Jefferson City, Missouri 65109 (573) 636-7551
1-800-280-3376

## PUBLIC HEARING 12/8/2011

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334 

## MIDWEST LITIGATION SERVICES Page 2

1 P R O C E E D I N G S

2 CHAIRMAN GARNETT: The hearing will come

3 to order. Let the record show the following

4 Commissioners are present: Mark Garnett, David

5 Zimmermann, Gary Pendergrass, Ron Boyer and Jack

6 Baker.

7 The Air Conservation Commission of the

8 State of Missouri has called this public hearing

9 pursuant to Section 643.070, Revised Statutes of

10 Missouri, EPA promulgated rule 40 CFR 51.102 for the

11 purpose of hearing testimony relating to:

12 10 CSR 10-5.040 (amendment) Use of Fuel in Hand13 Fired Equipment Prohibited; 10 CSR 10-5.455

14 (amendment) Control of Emissions from Industrial

15 Solvent Cleaning Operations; 10 CSR 10-5.130

16 (amendment) Certain Coals to be Washed;

17 10 CSR 10-6.020 (amendment) Definitions and Common

18 Reference Tables; 10 CSR 10-6.400 (amendment)

19 Restriction of Emission of Particulate Matter From

20 Industrial Processes; 10 CSR 10-5.490 (amendment)

21 Municipal Solid Waste Landfills; 10 CSR 10-6.310

22 (amendment) Restriction of Emissions from Municipal

23 Solid Waste Landfills; Missouri State Implementation

24 Plan Revision - 2013 Cross-State Air Pollution Rule

25 State Allowance Allocations for Existing Units For

## PUBLIC HEARING 12/8/2011

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334 

## MIDWEST LITIGATION SERVICES Page 7

1 will their waste-disposal fees. For some small

2 businesses, these lower operating costs may

3 significantly improve their financial position.

4 If the Commission adopts this rule

5 action, it will be the Department's intention to

6 submit this rule amendment to the U.S. Environmental

7 Protection Agency for inclusion in the Missouri State

8 Implementation Plan.

9 This concludes my testimony. I will be

10 happy to answer any questions you might have specific

11 to the rule amendment.

12 CHAIRMAN GARNETT: Any questions?

13 (NO RESPONSE.)

14 CHAIRMAN GARNETT: You've got another

15 one, Stan? Go ahead.

16 MR. PAYNE: Mr. Chairman, members of the

17 Commission, my name is Stan Payne. I'm employed as

18 an environmental engineer by the Air Pollution

19 Control Program. I work at 1659 East Elm Street in

20 Jefferson City, Missouri.

21 I'm here to present testimony for the

22 proposed amendment to 10 CSR 10-5.455, Control of

23 Emissions from Industrial Solvent Cleaning

24 Operations. The rule information starts on page 95

25 of the briefing document.7. Paints and paint thinners; 8. Chemicals; 9. Coal; 10. Glossy and/or colored papers; 11. Non-clean wood construction and/or demolition debris; 12. Plywood and/or particleboard; 13. Manure; 14. Animal carcasses; and 15. Asphalt products.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo [1994] 2000. Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed Sept. 26, 2011.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., December 8, 2011. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., December 15, 2011. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102- 0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

PROPOSED AMENDMENT

10 CSR 10-5.130 Certain Coals to be Washed. The commission proposes to amend section (3). If the commission adopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule provides that specified coals shall be cleaned by washing prior to their sale. The purpose of this rulemaking is to update the reference to the area specific indirect heating rule with thenew statewide consolidated indirect heating rule. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is new rule 10 CSR 10-6.405, Restriction of Particulate Matter Emissions From Fuel Burning Equipment Used For Indirect Heating which replaces the area specific indirect heating rules. (3) Exception. This regulation shall not apply if a person proposing to use unwashed coal can show that the emission of sulfur dioxide from the plant in which the coal is to be burned will not exceed two and three-tenths (2.3) pounds of sulfur dioxide per million British Thermal Units of heat input to the installation and that emission of particulate matter will be no more than that allowed in 10 CSR 10- [5.030] 6.405

.

AUTHORITY: section 643.050, RSMo [1994] 2000. Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed Sept. 16, 2011.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., December 8, 2011. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., December 15, 2011. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102- 0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

PROPOSED AMENDMENT

10 CSR 10-5.455 Control of Emissions from Industrial Solvent Cleaning Operations. The commission proposes to amend subsection(3)(E). If the commission adopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule will reduce the volatile organic compounds emissions from industrial cleaning operations that use organic solvents. This amendment will revise the provisions for equipment cleaning at manufacturers of coatings, inks, and resins by adding work practices to the compliance options and removing it as a separate requirement. The evidence supporting the need for this proposed rulemaking, persection 536.016, RSMo, is a June 8, 2011, email from a trade association for manufacturers of coatings, inks, and resins.

(3) General Provisions.

(E) Requirements for coatings, inks, and resin manufacturers.Coating, ink, and resin manufacturers must comply with the following requirements: 1. Clean portable or stationary mixing vats, high dispersion 

## Page 2233 November 1, 2011 Vol. 36, No. 21 

### Missouri Registermills, grinding mills, tote tanks, and roller mills by one (1) or more of the following methods: A. Use a solvent or solvent solution that either contains less than 1.67 pounds per gallon (0.20 kilograms per liter) of VOC or hasa composite vapor pressure no more than eight millimeters of mercury (8.0 mmHg) at twenty degrees Celsius (20 °C); B. Collect and vent the emissions from equipment cleaning toa VOC emission control system that has an overall capture and control efficiency of at least eighty percent (80%) by weight for the VOC emissions. Where such reduction is achieved by incineration, at leastninety percent (90%) of the organic carbon shall be oxidized to carbon dioxide; [or]C. Use organic solvents other than those allowed in subparagraph (3)(E)1.A. of this rule provided no more than sixty (60) gallons (two hundred twenty-eight (228) liters) of fresh solvent shall be used per month. Organic solvent that is reused or recycled (eitheronsite or offsite), for further use in equipment cleaning or the manufacture of coating, is not included in this limit; or D. Comply with the following work practices:

(I) Equipment being cleaned must be maintained leak free; (II) VOC-containing cleaning materials must be drained from the cleaned equipment upon completion of cleaning; (III) VOC-containing cleaning materials, includingwaste solvents, shall not be stored or disposed of in such a manner that will cause or allow evaporation into the atmosphere; and(IV) Store all VOC-containing materials in closed containers; and [2. Work practices while cleaning shall include:

A. Equipment being cleaned must be maintained leak free; B. VOC-containing cleaning materials must be drained from the cleaned equipment upon completion of cleaning; C. VOC-containing cleaning materials, including wastesolvents, shall not be stored or disposed of in such a manner that will cause or allow evaporation into the atmosphere; and D. Store all VOC-containing materials in closed containers; and] [3.] 2. When using solvent for wipe cleaning, the owner or operator of a facility shall[:]

— A. Not use open containers for the storage or disposal of cloth or paper impregnated with organic compounds that is used for cleanup or coating, ink, or resin removal; and B. Not store spent or fresh organic compounds to be used for cleanup or coating, ink, or resin removal in open containers.

AUTHORITY: section 643.050, RSMo [Supp. 2010]2000. Original rule filed Oct. 7, 1994, effective May 28, 1995. Amended: Filed July 15, 1996, effective Feb. 28, 1997. Amended: Filed Nov. 30, 2010, effective Aug. 30, 2011. Amended: Filed Sept. 16, 2011.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., December 8, 2011. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., December 15, 2011. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102- 0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

PROPOSED AMENDMENT

10 CSR 10-5.490 Municipal Solid Waste Landfills. The commission proposes to amend subsections (1)(B) and (1)(C); add subsection (1)(D); amend original sections (2) and (3); add subsection (3)(C); amend and renumber original sections (4) through (7); and add new sections (4), (9), and (10). If the commission adopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule requires municipal solid waste landfills to monitor their non-methane organic compound (NMOC) emissions. Landfills having NMOC emission rates above the regulatory cutoff shall design and install a gas collection and control system. This amendment is to maintain consistency with federal emission guidelines for existing municipal solid waste landfills promulgated as 40 CFR 60, Subpart Cc. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, are Federal Registerupdates published on April 10, 2000, October 17, 2000, and September 21, 2006.

PUBLISHER’S NOTE: The secretary of state has determined thatthe publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no morethan the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability.

(B) For purposes of obtaining an operating permit under Title V of the Clean Air Act, the owner or operator of an MSW landfill subject to this rule with a design capacity less than two and one-half (2.5) million megagrams or two and one-half (2.5) million cubic meters is not subject to the requirements to obtain an operating permit for the landfill under 40 Code of Federal Regulations (CFR) [part]70 or 71, unless the landfill is otherwise subject to either 40 CFR [part] 70 or 71. For purposes of submitting a timely application for an operating permit under 40 CFR [part] 70 or 71, the owner or operator of an MSW landfill subject to the rule with a design capacity greater than or equal to two and one-half (2.5) million megagrams and two and one-half (2.5) million cubic meters on the effective date of EPA approval of the state’s program under section 111(d) of the Clean Air Act (June 23, 1998), and not otherwise subject to either 40 CFR [part] 70 or 71, becomes subject to the requirements of section 70.5(a)(1)(i) or 71.5(a)(1)(i) of the Clean Air Act ninety (90) days after the effective date of such 111(d) program approval, even if the design capacity report is submitted earlier. 

## Page 2234 Proposed Rules November 1, 2011 Vol. 36, No. 21April 16, 2012 Vol. 37, No. 8

COMMENT #13: St. Louis County Health Department recommended adding a requirement to post a permanent, conspicuous label summarizing the hand-fired equipment operating procedures, a list of prohibited fuels, a summary of the current visible emission standard, and statements regarding the importance of proper operation and maintenance. RESPONSE: Labels are not necessary since equipment operation guidelines were added as a result of comment #6. Requiring them would be overly burdensome and impractical for the applicable sources, many of which are small businesses. Therefore, no changes have been made to the rule as a result of this comment.

COMMENT #14: St. Louis County Health Department recommended that hand-fired units only be allowed to operate during non-ozone season, September 16 through April 14, to be consistent with open burning regulations. RESPONSE: All known sources are small businesses and only plan to operate their hand-fired equipment to provide building heat during the winter months, which is outside any regulatory ozone season. Even if the hand-fired equipment were operated during ozone season, the very small estimated emissions from these devices would have no measureable impact on ground-level ozone levels in the St. Louis area. Therefore, no changes have been made to the rule as a result of this comment.

COMMENT #15: St. Louis County Health Department recommended adding language that only allows burning of clean wood waste generated from a facility’s processes. This will prevent a facility from bringing wood from other sources to burn in their device. RESPONSE AND EXPLANATION OF CHANGE: Adding a restriction that only allows facilities to burn process waste generated onsite is consistent with the intent of the proposed amendment and the appropriate language has been added to the rule.

10 CSR 10-5.040 Control of Emissions From Hand-Fired Equipment

(1) Applicability. This rule shall apply to all hand-fired, fuel-burningequipment at commercial facilities, including, but not limited to furnaces, heating and cooking stoves, and hot water furnaces with the exception of the following:

(D) Ovens that only burn wood, charcoal, or anthracite coal for pizzas or bakery products;

(2) Definitions.

(A) Clean wood—Wood that has not been treated (including, but not limited to, treatment with copper chromium arsenate, creosote, or pentachlorophenol) and has no paint, stain, or any other type of coating.

(B) Definitions of certain terms specified in this rule, other than those defined in this rule section, may be found in 10 CSR 10-6.020.

(3) General Provisions. No owner or operator shall operate applicable hand-fired, fuel-burning equipment unless the following conditions are met:

(A) Hand-fired equipment shall be operated to minimize emissionsat all times. This includes, but is not limited to, following all manufacturers’ operation and maintenance guidelines;

(B) Hand-fired equipment must be commercially manufactured; (C) Hand-fired equipment may only burn process waste generated onsite;

(E) Fuel shall be clean wood with a moisture content less than or equal to twenty-five percent (25%); and

(F) Each piece of equipment shall burn no more than thirty (30) tons of fuel per calendar year.

(4) Reporting and Record Keeping.

(A) The owner or operator of hand-fired equipment subject to this rule shall keep records necessary to determine compliance. (B) Records verifying that only dry wood was used for fuel may beused to demonstrate compliance with the moisture content requirement.

(C) Records required under subsections (4)(A) and (4)(B) of this rule shall be retained by the owner or operator for a minimum of five (5) years. These records shall be made available to the director upon request.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-5.130 Certain Coals to be Washed is amended

.
A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on November 1, 2011 (36 MoReg 2233). No changes have been made in the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.
SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received no comments on the proposed amendment.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-5.455 Control of Emissions From Industrial Solvent Cleaning Operations is amended

.
A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on November 1, 2011 (36 MoReg 2233–2234). No changes have been made in thetext of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.
SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received three (3) comments from three (3) sources: The American Coatings Association, U.S. Paint Corporation, and Lighthouse for the Blind Industries.

Due to similarities in the comments, one (1) response will be provided for all comments.

COMMENT #1: The American Coatings Association supports the 

## Page 610 Orders of Rulemakingproposed amendment, as it will allow effective process equipmentcleaning at coating, ink, and resin manufacturers. They note that similar language is being adopted by many other states. COMMENT #2: U.S. Paint Corporation supports the proposed amendment. The revised compliance options will allow them to clean their equipment with solvents that are suitable for their specialty coatings without being hazardous to their employees.COMMENT #3: Lighthouse for the Blind Industries expressed support of the proposed amendment. While they presently are able to comply with the rule, potential changes to their products may makefuture compliance extremely difficult without the proposed amendment.RESPONSE: The Air Program thanks the commenters for their support of the proposed amendment. No changes have been made to the rule text as a result of these comments.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-5.490 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on November 1, 2011 (36 MoReg 2234–2246). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.
SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received ten (10)comments from three (3) sources on this rule amendment: a representative for the Missouri solid waste industry and the Environmental Industry Association, an attorney representing the IESI Corporation, and the U.S. Environmental Protection Agency (EPA).

Due to the similarity in the following two (2) comments, one (1) response that addresses these comments is at the end of these two (2)

comments:

COMMENT #1: The representative for the Missouri solid waste industry and the Environmental Industry Association commented thatthe industry was not aware of this regulation until it was sent out electronically a few days before the Missouri Register came out. In the future it is expected that programs within the department would make each other aware of rulemakings in development so that involved companies can work with staff a little earlier.COMMENT #2: The attorney representing IESI Corporation commented that he echoed the comments made by the representative forthe solid waste industry about involving industry early on in rulemakings before seeing rule actions published in the Missouri Register

. However, the proposed amendments should be adopted to bring Missouri into compliance with the federal laws. They believe they are already in compliance with these proposed changes because they already meet the federal New Source Performance Standards. RESPONSE: The Air Program regrets these commenters were not aware of this rulemaking earlier. This rulemaking simply updated state rules for consistency with federal requirements. The Air Program communicated the proposed rulemaking with industry in general and other stakeholders via the Air Forum email listserv and within the department through the rulemaking process prior to filing with the secretary of state on September 26, 2011. The proposed rulemaking was made available for public review and comment by publishing in the Missouri Register and posting on the Air Program’s Rulemakings on Public Notice webpage on November 1, 2011. However, based on these comments the Air Program is evaluatinghow to better communicate rulemakings with industry and other programs within the department beyond our current activities. No wording changes have been made to the rule text as a result of these comments.

COMMENT #3: EPA commented that the last sentence in subsection (1)(B) references the Clean Air Act. This reference should be to the Code of Federal Regulations

. RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, the last sentence in subsection (1)(B) has been revised to reference the Code of Federal Regulations

.

COMMENT #4: EPA commented that subsection (3)(C) was added and discusses incorporation by reference. The EPA does not believe that the reference to 52.21 is relevant to this rule because it relates tothe Prevention of Significant Deterioration program and is not relevant for municipal solid waste landfills.
RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, subsection (3)(C) rule text has been revised to indicate that certain references to the department should be used in place of the federal counterpart for incorporating federal regulations in the state rule.

COMMENT #5: EPA commented for rule 10 CSR 10-6.310 that the rule incorporates by reference the Code of Federal Regulations (CFR) as of June 30th. EPA believes the more appropriate date would be July 1st to specifically reference the Code of Federal Regulations compilation date. RESPONSE AND EXPLANATION OF CHANGE: Since rule 10 CSR 10-5.490 also contains a similar incorporation by reference insubsection (3)(C) of the rule and both rule amendments were presented together, EPA’s comment on 10 CSR 10-6.310 is also applicable to 10 CSR 10-5.490. Therefore, the first sentence in subsection (3)(C) has been revised to the July 1st date.

COMMENT #6: EPA commented that the citation in subsection (4)(G) is incorrect. There is no paragraph (3)(A)3. and EPA believes the correct citation is paragraph (6)(A)3.
RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, subsection (4)(G) rule text has been revised with the correct citation to paragraph (6)(A)3.

COMMENT #7: EPA commented that in paragraph (6)(C)1. thatwords are missing regarding surface monitoring of methane concentrations. The language should include a reference to thirty (30)-meter intervals (or a site-specific established spacing).
RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, paragraph (6)(C)1. rule text has been revised to include the suggested wording that will match the federal regulation.

COMMENT #8: EPA commented that subparagraph (8)(B)1.B. appears to have a typographical error. The threshold for nonmethane organic compound (NMOC) emissions is set at twenty-five (25) megagrams per year throughout the rule. However, subparagraph (8)(B)1.B. includes the EPA threshold of fifty (50) megagrams and it should be changed to reflect the NMOC emission rate of twenty-five (25) megagrams per year. RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, subparagraph (8)(B)1.B. rule text has been changed to the correct value of twenty-five (25).

COMMENT #9: EPA commented that subsection (9)(A) should be 

## Page 611 April 16, 2012 Vol. 37, No. 8 

### Missouri Register

## Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area 10 CSR 10-5

than three hundred degrees Fahrenheit (300°F). D. The inlet or as-applied rolling lubricant temperatures at each mill shall not exceed one hundred sixty degrees Fahrenheit(160°F) and such temperatures shall be monitored at all times that the mill is in operation.

(B) Large Emission Sources.

1. For any rolling mill that has ever had actual VOC emissions equal to or greater than one thousand (1,000) tons per calendar

year— A. Emissions capture methods and emissions control equipment must be installed and used, which will result in an
overall VOC emission reduction of at least eighty percent (80%). B. An affected facility shall submit a compliance plan that details how the required
VOC emissions will be controlled. The compliance plan shall include: (I) A physical description and the operating characteristics of the rolling mill; (II) A physical description of the capture methods to be used and the operating characteristics and design specifications of the control equipment; (III) Expected annual quantities ofmaterial throughputs to the mill and the control equipment; (IV) Potential VOC emissions, expected actual VOC emissions from the mill, both controlled and uncontrolled, andtotal operating hours from the two (2) previous calendar years to be used as a baseline
for determination of overall emissions reductions; (V) Proposed methods of testing, monitoring, record keeping and reporting for determining compliance with this rule;(VI) A compliance schedule detailing all important interim dates up to and including final compliance testing; and (VII) Any additional information as requested by the director.C. The compliance plan shall be submitted to the director no later than sixty (60) days after the effective date of this rule.D. The compliance plan shall be subject to the approval of the director. 2. Contingency plans.

A. Should an affected facility not be able to meet the overall eighty percent (80%) VOC emission reduction, the facility must develop and submit a plan detailing corrective
actions to obtain VOC emission reductions equivalent to the shortfall. The contingency plans shall be submitted to the director for approval. B. The contingency plan shall include the following:(I) The total VOC emission reductions that will be achieved by the plan; (II) The emission reduction method of control that will be used to make up for any shortfall in the original compliance plan; (III) Proposed method of record keeping; and (IV) A proposed implementation
schedule.C. The contingency plan shall be submitted no later than one hundred twenty (120) days after a determination is made that the compliance plan does not meet the eighty percent (80%) emission reduction.

(4) Record Keeping.

(A) For cold rolling mills—

1. Records of rolling lubricant formulations with identification of all oils and additives shall be maintained; 2. Records of the initial and final boiling points of all as-received oil shipments shall be maintained; 3. Records of the initial boiling points ofthe as-applied rolling lubricant shall be maintained on a monthly basis; 4. The temperature of the as-appliedrolling lubricant shall be continuously recorded; and5. All records of rolling lubricant formulations, distillation tests for oils, and asapplied rolling lubricants and rolling lubricant temperatures shall be retained for a period of at least three (3) years and be immediately available for inspection upon request by the department or any agency with proper authority.

(B) For intermediate and finishing mills—

1. Records of rolling lubricant formulations with identification of all oils and additives shall be maintained; 2. Records of the initial and final boiling points of all as-received oil shipments shall be maintained; 3. Records of the initial boiling points ofthe as-applied rolling lubricant shall be maintained on a monthly basis; 4. The temperature of the as-appliedrolling lubricant shall be continuously recorded; and5. All records of rolling lubricant formulations, distillation tests for oils, andas-applied rolling lubricants and rolling lubricant temperatures shall be retained for a period of at least three (3) years and be immediately available for inspection upon request by the department or any agency with proper authority.

(5) Determination of Compliance.

(A) All incoming shipments of oil shall be sampled and a distillation range test shall be performed using American Society for Testing and Materials (ASTM) methods D86-99, Standard Method for Distillation of
Petroleum Products or other methods approved by the director. The results of suchtests shall be used for compliance with subparagraph (3)(A)1.B. of this rule and subparagraph (3)(A)2.B. of this rule.

(B) A grab sample of the as-applied rolling lubricants shall be taken on a monthly basis from each mill during any month that a mill is in operation. A distillation range test shall be performed using ASTM methods. The
results of such tests shall be used to determine compliance with subparagraphs (3)(A)1.C. and (3)(A)2.C.

(C) Compliance with subparagraphs (3)(A)1.D. and (3)(A)2.D. shall be met with continuous monitoring and recording of the rolling lubricant temperature.

(D) Determination of the eighty percent (80%) emission reduction requirement in subparagraph (3)(B)1.A. shall be determined through control efficiency emissions testing.

AUTHORITY: section 643.050, RSMo Supp. 1999.* Emergency rule filed March 15, 1995, effective March 25, 1995, expired July 11, 1995. Original rule filed March 15, 1995, effective Nov. 30, 1995. Amended: Filed Feb. 9, 2000, effective Sept. 30, 2000.

*Original authority: 203.050, RSMo 1965, amended
1972, transferred to 643.050, RSMo 1986, amended 1992,

1993, 1995.

10 CSR 10-5.455 Control of Emissions from Industrial Solvent Cleaning Operations

PURPOSE: This rule will reduce the volatile organic compounds emissions from industrial cleaning operations that use organic solvents.

(1) Applicability.

(A) This rule shall apply throughout St. Louis City and the Counties of Jefferson, St. Charles, Franklin, and St. Louis.

(B) This rule shall apply to any person who performs or allows the performance of anycleaning operation involving the use of organic solvents or solvent solutions. Except as

CODE OF STATE REGULATIONS 65 ROBIN CARNAHAN (7/31/11) Secretary of Stateprovided in subsections (1)(C) through (1)(G) of this rule, the provisions of this rule shall apply to any stationary source that emits at least three (3) tons per twelve (12)-month rolling period or more of volatile organic compounds (VOCs) from cleaning operations at the source, in the absence of air pollutioncontrol equipment, and stores and/or disposes of these solvent materials.

(C) The following solvent cleaning operations are not subject to the provisions of this
rule:1. Cold cleaner; 2. Open top vapor degreaser; 3. Conveyorized cold cleaner; 4. Conveyorized vapor degreaser; 5. Stripping of cured coatings, cured ink, or cured adhesives;6. Cleaning operation in printing prepress or graphic arts pre-press area, includingthe cleaning of film processors, color scanners, plate processors, film cleaning, and plate cleaning; 7. Nonmanufacturing area cleaning. Nonmanufacturing areas include cafeterias,laboratories, pilot facilities, restrooms, janitorial cleaning, including graffiti removal, and office buildings; and 8. Cleaning operations for emission units within the following source categories listed for regulation under section 183(e) of
the Clean Air Act: A. Aerospace coatings; B. Auto and light duty truck assembly coatings; C. Fiberglass boat manufacturing materials; D. Flat wood paneling coatings;E. Flexible packaging printing materials; F. Large appliance coatings; G. Letterpress printing materials; H. Lithographic printing materials; I. Metal furniture coatings; J. Miscellaneous industrial adhesives;K. Miscellaneous metals parts coatings; L. Paper, film, and foil coatings; M. Plastic parts coatings; N. Shipbuilding and repair coatings;
and O. Wood furniture coatings.

(D) The following solvent cleaning operations are exempt from the VOC-content limitations specified in subsection (3)(A) of this
rule: 1. Cleaning of solar cells, laser hardware, scientific instruments, and high-precision optics;2. Cleaning conducted as part of the following: performance laboratory tests on coatings, adhesives, or inks; research and development programs; and laboratory tests in quality assurance laboratories; 3. Cleaning of paper-based gaskets and
clutch assemblies where rubber is bonded to metal by means of an adhesive; 4. Cleaning of cotton swabs to removecottonseed oil before cleaning of high-precision optics;5. Cleaning at medical device and pharmaceutical facilities using up to one and onehalf (1.5) gallons per day of solvents; 6. Cleaning of adhesive application equipment used for thin metal laminating; 7. Cleaning of electronic or electrical cables; 8. Touch-up cleaning performed on printed circuit boards where surface mounted devices have already been attached; 9. Cleaning of coating and adhesive application processes utilized to manufacture transdermal drug delivery product using less than three (3) gallons per day of ethyl acetate; 10. Cleaning of application equipmentused to apply coating on satellites and radiation effect coatings; 11. Cleaning of application equipment used to apply solvent-borne fluoropolymer coatings; 12. Cleaning of ultraviolet or electron beam adhesive application; 13. Cleaning of sterilization indicating ink application equipment if the facility uses less than one and one-half (1.5) gallons per day of solvents for such cleaning;14. Cleaning of metering rollers, dampening rollers, and printing plates; 15. Cleaning of numismatic dies; and 16. Cleaning of operations associated with digital printing.

(E) Cleaning with aerosol products shall be exempt from the requirements of subsection (3)(A) of this rule if the facility uses one and one-quarter (1.25) gallons (one hundred sixty (160) fluid ounces) or less of the aerosol products per day.

(F) Cleaning operations at a manufacturer of coatings, inks, or resins are exempt from subsections (3)(A) and (3)(B) of this rule.

(G) Subsection (3)(E) applies to manufacturers of coatings, inks, and resins only.

(H) Once a source has exceeded the applicability level of this rule, it shall remain subject to this rule even if its actual emissions drop below the applicability level of this rule until it can demonstrate, to the satisfaction ofthe director, that the total actual VOC emissions from solvent cleaning operations, before consideration of controls, is less than three (3) tons per twelve (12)-month rolling period for sixty (60) consecutive months.

(2) Definitions. Definitions of certain terms specified in this rule may be found in 10 CSR
10-6.020.

(3) General Provisions.

(A) VOC-Content Limitations. No owner or operator of a source subject to this rule shall perform any cleaning operation subject to this rule unless the owner or operator meets the requirements in paragraph (3)(A)1., (3)(A)2., or (3)(A)3. of this rule—
1. The VOC content of the as-used cleaning solutions (minus water and exempt compounds) shall not exceed the following
emissions limitations:A. Product cleaning during manufacturing process or surface preparation for coating, adhesive, or ink application.

B. Repair and maintenance cleaning.

C. Cleaning of ink application equipment.

66 CODE OF STATE REGULATIONS (7/31/11) ROBIN CARNAHAN Secretary of State 

## 10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

## Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area 10 CSR 10-5

D. All other solvent cleaning operations.

2. The composite vapor pressure of each as-used cleaning solution used does not exceed eight millimeters of mercury (8.0 mmHg) measured at twenty degrees Celcius (20 °C) (sixty-eight degrees Fahrenheit (68 °F)); or 3. An oxidizer or carbon adsorber is installed and operated that reduces VOC emissions from the subject cleaning operation by at least eighty-five percent (85%) overall. The owner or operator may use an emission control system other than an afterburner or carbon adsorber if such device reduces VOC emission from the subject cleaning operation by at least eighty-five percent (85%) by mass, the owner or operator submits a plan to the director detailing appropriate monitoring devices, test methods, record-keeping requirements, and operation parameters for such a control device, and such a plan is approved by the director and the U.S. Environmental Protection Agency (EPA)within federally-enforceable permit conditions.

(B) Cleaning Devices and Methods. The owner or operator of a facility that is subject to this rule shall employ one (1) or more of the following cleaning devices and methods: 1. Wipe cleaning; 2. Closed containers or hand-held spray bottles from which solvents are applied;3. Cleaning equipment which has a solvent container that can be, and is, closed during cleaning operations, except when depositing and removing objects to be cleaned, and is closed during non-operation with the exception of maintenance and repair to the cleaning equipment itself; and4. Remote reservoir cleaner, if the operator of the cleaner complies with all of the following: A. Prevents solvent vapors from escaping from the solvent container by using such devices as a cover or a valve when the remote reservoir is not being used, cleaned, or repaired; B. Directs solvent flow in a manner that will prevent liquid solvent from splashing outside of the remote reservoir cleaner; C. Does not clean porous or absorbent materials, such as cloth, leather, wood, or rope; D. Uses only solvent containers free of all liquid leaks. Auxiliary equipment, such as pumps, pipelines, or flanges, shall not have any liquid leaks, visible tears, or cracks.Any liquid leak, visible tear, or crack detected shall be repaired within one (1) calendar day, or the leaking section of the remote reservoir cold cleaner shall be drained of all solvent and shut down until it is repaired or replaced; E. Non-atomized solvent flow method where the cleaning solvent is collected in a container or a collection system which is closed except for solvent collection openings and, if necessary, openings to avoid excessive pressure build-up inside the container; and F. Solvent flushing method where thecleaning solvent is discharged into a container which is closed except for solvent collection openings, and, if necessary, other openings to avoid excessive pressure build-up inside the container. The discharged solvent from the equipment must be collected into containers without atomizing into the open air. The solvent may be flushed through the system by air or hydraulic pressure or by pumping.

(C) Operating Requirements. The owner oroperator of a source subject to the requirements of this section shall comply with the following for each subject cleaning operation:1. Cover all open containers and properly cover and store applicators used to apply cleaning solvents;2. Dispose of all used cleaning solutions, cleaning towels, and applicators used to apply cleaning solvents in closed containers that are nonleaking and nonabsorbent; 3. Minimize air circulation around the cleaning operation; and4. Utilize equipment practices that minimize emissions. (D) Control Device Inspection. For catalytic oxidizers, the catalyst bed materialshall be inspected annually for general catalyst condition and any signs of potential catalyst depletion. The owner or operator shallalso collect a representative sample of the catalyst from the oxidizer, per manufacturer’srecommendations, and have it tested to evaluate the catalyst’s capability to continue tofunction at or above the required control efficiency. An evaluation of the catalyst bed material shall be conducted whenever the results of the inspection indicate signs of potential catalyst depletion or poor catalystcondition based on manufacturer’s recommendations but not less than once per year.

(E) Requirements for coatings, inks, and resin manufacturers. Coating, ink, and resinmanufacturers must comply with the following requirements: 1. Clean portable or stationary mixing vats, high dispersion mills, grinding mills, tote tanks, and roller mills by one (1) or more of the following methods: A. Use a solvent or solvent solution that either contains less than 1.67 pounds per gallon (0.20 kilograms per liter) of VOC or has a composite vapor pressure no more than eight millimeters of mercury (8.0 mmHg) at twenty degrees Celsius (20 °C); B. Collect and vent the emissions from equipment cleaning to a VOC emission control system that has an overall capture and control efficiency of at least eighty percent (80%) by weight for the VOC emissions.Where such reduction is achieved by incineration, at least ninety percent (90%) of the organic carbon shall be oxidized to carbon dioxide; or C. Use organic solvents other than those allowed in subparagraph (3)(E)1.A. of this rule provided no more than sixty (60) gallons (two hundred twenty-eight (228) liters) of fresh solvent shall be used permonth. Organic solvent that is reused or recycled (either onsite or offsite), for further use in equipment cleaning or the manufacture of coating, is not included in this limit; 2. Work practices while cleaning shall include: A. Equipment being cleaned must be maintained leak free; B. VOC-containing cleaning materials must be drained from the cleaned equipment upon completion of cleaning;C. VOC-containing cleaning materials, including waste solvents, shall not be stored or disposed of in such a manner thatwill cause or allow evaporation into the atmosphere; andD. Store all VOC-containing materials in closed containers; and

CODE OF STATE REGULATIONS 67 ROBIN CARNAHAN (7/31/11) Secretary of State3. When using solvent for wipe cleaning, the owner or operator of a facility shall: A. Not use open containers for thestorage or disposal of cloth or paper impregnated with organic compounds that is used for cleanup or coating, ink, or resin removal;
and B. Not store spent or fresh organic compounds to be used for cleanup or coating, ink, or resin removal in open containers.

(4) Reporting and Record Keeping. All owners and operators subject to this rule shall maintain records as required by this sectionsufficient to determine continuous compliance with this rule. These records shall bekept for at least five (5) years to be automatically extended if enforcement action is pending. These records shall be made available immediately upon request for review by the Department of Natural Resources’ personnel and other air pollution control agencies upon presentation of proper credentials.

(A) The owner or operator of a facility thatincludes an industrial solvent cleaning operation shall keep records detailing specific VOCuses as necessary for the director to determine monthly compliance. All facility records must include the following: 1. A list of all solvents currently used
and/or stored at the site. The list shall include the following information: A. Cleaning solvent type by name/code/manufacturer;
B. The actual VOC content of the cleaning solvents, based upon EPA Method 24, of each cleaning material, in pounds per gallon of material, as applied or the VOCcomposite partial vapor pressures of the solvents or solvent solutions used in the industrial cleaning operations. This calculation need only be performed once for each batch of cleaning solution used; and C. The actual mixing ratio for the cleaning solvent as applied; and2. Records of usage including the following information: A. Monthly records of total applied volume in gallons for each cleaning solvent used; B. Monthly records of solvent cleaning activity associated with each solvent used; C. Monthly records of total volume of aerosol products in ounces used; and D. The total monthly VOC emissions (summation of gallons × VOC content (in pounds per gallon)).

(B) If a facility includes automatic equipment, records shall also include, as applicable, the following: 1. For a source with automatic equipment that prepares each batch of cleaning solution(s) on site, records for each batch
shall include:
A. The name and identification of each cleaning solution; B. The VOC content of each cleaning solvent in the cleaning solution; C. Each change to the setting of the automatic equipment, with date, time,description of changes in the cleaning solution constituents (e.g., cleaning solvents), and description of changes to the proportionof cleaning solvent and water (or other nonVOC); D. The proportion of each cleaning solvent and water (or other non-VOC) used to prepare the as-used cleaning solution;
E. The VOC content of the as-usedcleaning solution, with the supporting calculations; and F. A calibration log for the automatic equipment, detailing periodic checks;2. For a source with automatic equipment that does not prepare cleaning solution(s) on site, records for each batch of cleaning solution shall include:
A. The name and identification of each cleaning solution; B. Date, time of preparation, and each subsequent modification of the batch; C. The VOC content of each cleaning solvent in the cleaning solution; D. The total amount of each cleaning solvent and water (or other non-VOC) used to prepare the as-used cleaning solution; and
E. The VOC content of the as-usedcleaning solution, with supporting calculations; and 3. For cleaning solutions that are notprepared at the site, but are used as-purchased, the manufacturer’s specifications forVOC content may be used if such manufacturer’s specifications are based on the results
of tests of the VOC content in accordance
with EPA Method 24.

(C) Any owner or operator using an emission control device pursuant to this rule shallmaintain records, on a daily basis, of key system operating parameters for emission control equipment, including, but not limited to: 1. Identification of the type of emissions control system used; 2. Hours of operation;
3. Routine and non-routine maintenance, including dates and duration of any outages; 4. Records of test reports conducted; 5. If an owner or operator of a solventcleaning operation employs a thermal oxidizer or catalytic oxidizer to achieve and maintain compliance, the owner or operator shall comply with the following requirements:A. Continuous temperature monitoring and continuous temperature recording equipment shall be installed and operated toaccurately measure the operating temperature(s) for the control device; and B. The following information shall be collected and recorded each day of operationof the solvent cleaning operation and the control device, and the information shall be maintained at the facility for a period of five (5) years: (I) A log or record of the operatingtime for the control device, monitoring equipment, and the associated solvent cleaning operation;(II) For thermal oxidizers, all three (3)-hour periods of operation during which the average combustion temperature was more than fifty degrees Fahrenheit (50 °F) below the average combustion temperature during the most recent emission test thatdemonstrated that the solvent cleaning operation was in compliance; and (III) For catalytic oxidizers, all three (3)-hour periods of operation during which the average temperature of the dryer exhaust gases immediately before the catalyst bed was more than fifty degrees Fahrenheit (50 °F) below the average temperature of the dryer exhaust gases during the most recent
emission test that demonstrated that the solvent cleaning operation was in compliance, and all three (3)-hour periods during which the average temperature difference across the catalyst bed was less than eighty percent (80%) of the average temperature difference during the most recent emission test thatdemonstrated that the solvent cleaning operation was in compliance; and 6. If an owner or operator of a solventcleaning operation employs a carbon adsorption system to achieve and maintain compliance, the owner or operator shall comply with the following requirements:A. Monitoring and recording equipment that records all of the following shall beinstalled and operated for the carbon adsorption system:(I) A continuous emission monitoring and recording system that is capable ofaccurately measuring and recording the concentration of organic compounds in theexhaust gases from the carbon adsorption system; (II) Monitoring and recording equipment that are capable of accurately measuring and recording the total mass steam flow rate for each regeneration cycle of each carbon bed; and

68 CODE OF STATE REGULATIONS (7/31/11) ROBIN CARNAHAN Secretary of State 

## 10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

## Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area 10 CSR 10-5

(III) Monitoring and recording equipment that are capable of accurately measuring and recording the temperature of each carbon bed after regeneration (and after completion of any cooling cycle(s)); and B. The following information shall be collected and recorded each day of operationof the solvent cleaning operation and the carbon adsorption system: (I) A log or record of the operatingtime for the carbon adsorption system, monitoring equipment, and the associated solvent cleaning operation; (II) For a carbon adsorption systemthat employs a continuous emission monitoring and recording system to measure andrecord the concentration of organic compounds in the exhaust gases, all three (3)- hour periods of operation during which the average concentration level or reading in the exhaust gases is more than twenty percent (20%) greater than the exhaust gas organic compound concentration level or reading measured by the most recent performance test that demonstrated that the solvent cleaning operation was in compliance;(III) For a carbon adsorption system that employs monitoring and recording equipment to measure and record the total mass steam flow rate for each regeneration cycle of each carbon bed, all carbon bed regeneration cycles during which the totalmass steam flow rate was more than ten percent (10%) below the total mass steam flow rate during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance; and(IV) For a carbon adsorption system that employs monitoring and recordingequipment to measure and record the temperature of each carbon bed after regeneration (and after completion of any cooling cycle(s)) was more than ten percent (10%) greater than the carbon bed temperature during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance.

(5) Test Methods. Certain test methods mentioned in this rule may be found in 10 CSR 10-6.030. Other EPA test methods specific to this rule may be found in 40 CFR 60, Appendix A.

(A) Control Efficiency Testing. To demonstrate compliance with the emission limits ofsubsection (3)(C) of this rule, an initial emission test shall be performed after any required control equipment is installed. The emission limits shall not have been met until compliance has been verified through this testing. Testing shall also be required after significant modifications to any control equipment required by this rule. Significant modifications include any repairs or changes that might substantially alter or affect the overall control efficiency. This subsection outlines the methods to be used for any such testing.1. The emission unit shall be run at typical operating conditions and flow rates compatible with scheduled production during any emission testing. 2. EPA Method 1 or 1A, as appropriate, shall be used to select the sampling sites. 3. EPA Method 2, 2A, 2C, or 2D, as appropriate, shall be used to determine the velocity and volumetric flow rate of the
exhaust stream. 4. EPA Method 3 or 3A, as appropriate, shall be used to determine the concentration of oxygen (O2) and carbon dioxide (CO2).

5. EPA Method 4 shall be used to determine moisture content. 6. EPA Method 18, 25, or 25A shall be used to determine the VOC concentration of the exhaust stream entering and exiting the control device, unless the alternate limit in paragraph (3)(C)2. of this rule is being used for compliance, in which case only the VOC concentration of the exit exhaust shall be determined. In cases where the anticipated outlet VOC concentration of the control device is less than fifty parts per million by volume (50 ppmv) as carbon, EPA Method
25A shall be used. 7. If EPA Method 25A is used—

A. The outlet readings from a thermal or catalytic oxidizer may be corrected by using EPA Method 18 or 25 to determine non-VOC components (methane and ethane) and subtracting these from the Method 25A result; and B. The director may require a retestby EPA Method 18 or 25 if the average corrected outlet reading is greater than fifty (50) ppmv VOC as carbon. 8. A compliance test shall consist of upto three (3) separate runs, each lasting a minimum of sixty (60) minutes unless the director determines that the circumstances dictate shorter sampling times. 9. EPA Method 25 specifies a minimum probe temperature of two hundred sixty-fivedegrees Fahrenheit (265 °F). To prevent condensation, the probe should be heated to at least the gas stream temperature, typically close to three hundred fifty degrees Fahrenheit (350 °F).10. EPA Method 25A specifies a minimum temperature of two hundred twenty degrees Fahrenheit (220 °F) for the samplingcomponents leading to the analyzer. To prevent condensation when testing heatset printing presses, the sampling components and flame ionization detector lock should be heated to at least the gas stream temperature, typically close to three hundred fifty degrees Fahrenheit (350 °F). 11. The oxidizer operating temperature or the temperature of the gas upstream of the catalyst bed may be used as the operatingparameter for determining continuous compliance with the emission standard of subsection (3)(C) of this rule. This temperatureshall be computed as the time-weighted average of the temperature values recorded duringthe test. The owner or operator must maintain the oxidizer at a three (3)-hour average temperature no less than fifty degreesFahrenheit (50 °F) below the average temperature observed during the most recent stack test to demonstrate continuous compliance. 12. Use of an adaptation to any of the methods specified in this subsection may be approved by the director on a case-by-case basis. The owner or operator shall submit sufficient documentation for the director tofind that the methods specified in this subsection will yield inaccurate results and that the proposed adaptation is appropriate. 13. To determine capture efficiency, use the procedure in 10 CSR 10-6.030(20).

(B) VOC Content Testing for CleaningSolutions. The VOC content or VOC composite partial vapor pressure of cleaning solutions shall be determined by one (1) of the following: 1. Analysis by EPA Method 24 for VOC content or by an appropriate method for VOC composite partial vapor pressure of a sample of the cleaning solution. The analysis may be performed by the supplier of those materials; 2. Calculation for VOC content that combines EPA Method 24 analytical data for the concentrated materials used to prepare the cleaning solution and the proportions in which they are mixed to make the cleaning solution as applied. Owners or operators may use formulation information provided with the concentrated materials used to prepare the cleaning solution, such as the container label, the product data sheet, or the Material Safety Data Sheet (MSDS) to document the VOC content of the concentrated material; or 3. If cleaning is not diluted prior to use, MSDS or manufacturer’s formulation data sheet may be used.

AUTHORITY: section 643.050, RSMo Supp. 2010.* Original rule filed Oct. 7, 1994, effective May 28, 1995. Amended: Filed July 15, 1996, effective Feb. 28, 1997. Amended: Filed Nov. 30, 2010, effective Aug. 30, 2011.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995; transferred from 203.050 in 1986.

CODE OF STATE REGULATIONS 69 ROBIN CARNAHAN (7/31/11) Secretary of State

## Order of Rulemaking



## Pursuant to 643.055 RSMo, the Missouri Air Conservation Commission has determined that this action is needed to have a U.S. Environmental Protection Agency approved State Implementation Plan.

10 CSR 10-5.455 (amendment) Control of Emissions from Solvent Cleanup Operations is hereby AMENDED 

## by the Missouri Air Conservation Commission
this 28th day of April, 2011.

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# PUBLISHER'S AFFIDAVIT

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COUNTY OF COLE)

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Missouri Newspapers, Inc., Publisher of the News Tribune, a newspaper printed and published in the County of Cole, and State aforesaid; that said newspaper has been published continuously for more than three years; and that the notice hereto attached was published in said paper in compliance with the provisions ofSection 493.050



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__MISSOURI AIR CONSERVATION COMMISSION**.~** WILL HOLD PUBLIC HEARING JEFFERSON**U~TY,** MO

-- The Missouri Air Conservation Commission will hold a public hearing on the SI. Louis ozone nonattainment area reasonably available control technology (RACT) rules and RACT demonstration update; the greenhouse gas permitting rules; the hospital, medical and infectious
waste incineratoT rule;**~nd** general conformity rule on Thursday, March 31, 2011. The Public Heanng will begin at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jeffer:son.City, Missouri. The commission will hear testimony related**to.t~e** follOWing Item(s). Note that all but the last two following items were Originally scheduled for a February 3, 2011 public hearing that was canceled due to inclement weather. 

### * 10 CSR 10-S.330 (amendment) Control of Emissions from Industrial Surface Coating Operations This proposed amendment will exempt facilities that are regulated under other rules that limit emissions of volatile organic compounds and incorporate changes in Reasonably Available ContrOl Technology (RACT) for surface coating operations in the SI. Louis ozone nonattainment area to be consistent with the current federal RACT guidance documents.

* 10 CSR 10-S.340 (amendment) Control of Emissions from Rotogravure and Flexographic Printing Operations This proposed amendment will add specific emission limits of volatile organic compounds for flexible package printing operations in the SI. Louis

ozone nonattainment area. This will make the limits consistent with the
current federal Reasonably Available Control Technology guidance documents. 

### * 10 eSR 10-5.442 (amendment) Control of Emissions from Lithographic Printing Operations This proposed amendment will add specific emission limits of volatile organi? co,:"pounds for .both offset tithoWaphic and letterpress printing operations In the St. LoUIS ozone nonattalnment area. This will make the limits consistent with the current federal Reasonably Available Control Technology guidance documents. The amendment will also remove definitionsthat will now be found in 10 CSR 10-6.020. 

### * 10 CSR 10-5.455 (amendment) Control of EmiSSion from Solvent Cleanup Operations This proposed amendment will lower the allowable emissions threshold for volatile**or~anic ~ompoun~s**  released per day from the use, storage and disposal of Industnal cleaning solvents, add requirements for facilities that exceed the threshold, and incorporate changes to be consistent with the
current federal Reasonably Available Control Technology guidance documents. This rule applies tothe SI. Louis ozone nonattainment area. 

### * 10 CSR 10-6.020 (amendment) Definitions and Common Reference Tables This proposed amendment will add all definitions currently found in in­**~ividual Divi~ion**  10 air**r~I?~** into the**g~neral** definitions rule unless a specifIC reason eXists for a definition to be unique to a specific rule. 

### * 10 CSR 10-6.060 (amendment) Construction Permits Required This**~roposed** amendment incorporates federal permitting requirements that Will cover new construction projects that emit 100,000 tons per year or

more of greenhouse gases and clarifies rule text. 

### * 10 CSR 10-6.065 (amendment) Operating Permits This proposed amendment incorporates federal permitting requirements for greenhouse gas emiSSions, removes definitions that will now be found in re.gulati?n 10 CSR**10-6.0~0,** streamlines the public notice procedure to align With the Federal Register, and allows the flexibility to publish notices

on the web. 

### *. 10 CSR 10-6.200 (amendment) Hospital, Medical, Infectious Wast Incinerators**Thi~ ~ropo~e~**  amendment will update the state regulatory requirements for eml;;Slon h",!ltS, waste mana!:lement plans, compliance and performance teSllng, mOnitoring, and reporting and record keeping to be consistent wnh the recent federal update to 40 CFR Part 60 and remove definitions that will

now be found in 10 CSR 10-6.020.

* 10 CSR 10-6.300 (amendment) Conformny of General Federal Actions to State Implementation Plans This prop?Sed amendment**~iII** update the state general conformity rule to**~omply w~th**  the**recen~ly** revised federal general conformity rule published

In the April 5, 2010 edition of the Federal Register. Incorporating the latest federal regulations Will ensure that all federal actions conform to the state's implementation plan and will not cause or contribute to violations of the national ambient air quality standards. * Reasonably Available Control Technology (RACT) Demonstration Update for the 1997 8-Hour Ozone Standard SI. Louis Nonattainment Area The Clean Air Act. requires moderate ozone nonattainment areas, such as St. LOUIS, to submit a demonstration that current rules fulfill RACT under the 1997. 8-hour ?zone National Ambient Air Quality Standard (NAAQS) for volatde

.organic**comp~unds** for all Control Technique Guidelines (CTG) categories and all major, non-CTG sources as a revision to their State Implementation Plan. This document updates the RACT demonstration submitted to the EPA in 2007 and certifies that current rules, including those proposed for amendment, fulfill RACT requirements for the 1997 8-hour

ozone NAAQS. Documents for the above item(s) will be available for review at the Missouri Department of Natural Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson City, (S73) 751-4817 and in the Public Notices section of the program web site www.dnr.mo.gov/env/apcp/index.htmI.This information will be available at least 30 days priortothe public hearing date. Persons with disabilities requiring special services or accommodations to attend the meeting can make arrangements by calling the Department directly at (S73) 526-4679, the Department's toli free number at {BOOl 334-6946, or by writing two weeks in advance of the meeting to: MisSOUri Department of Natural Resources, Air Conservation Commission Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may**l?o~ct** the program through Relay Missouri, (800) 735-2966. The commission holds public hearings under the provisions of chapter 643 RSMo. Citizens wishing to speak at the public hearing should

### not~ 

# tm;
secretary to the Missouri Air Conservation Commission, Missouri Department of Natural Resources, Air Pollution Control Program,**p..o.~** Box 176, Jefferson City, Missouri 65102-0176, or telephone (573) 526-4679. The Dep.artment requests persons intending to give verbal presentations also pro­**~Ide** a written c:opy of their testimony to the commission secretary at the time of the pubhc hearing. The Department also will accept written or email
comments for the record until 5 p.m. on April 7, 2011; please send written
comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments regarding rule actions shall be sent to apcprulespn@dnr.mo.gov and email com"'!ents regardin.g plan actions shall be sent to apcpsppn@dnr.mo.gov. All**w~ltten** and email comments and public hearing testimony will be equally conSidered. Public hearing items may be adopted by the Missouri Air Conservation Commission as provided for I,Inder authority of 643.0S0, RSMo. For more information or a complete meeting agenda, including items being presented for adoption, contact the Missouri Department of Natural Resources' Air Pollution Control Program at (S73) 151-4817. N.T. February 28, 2011

### MEETING 3/31/2011



### Page 1


### 1 

## BEFORE THE AIR CONSERVATION COMMISSION

STATE OF MISSOURI

2

3



## 4

5

6 

## MISSOURI AIR CONSERVATION COMMISSION MEETING

7 

## Elm Street Conference Center

1730 East Elm Street

8 

## Lower 

# • Bennett Springs Con Room

9 

## Jefferson Ci ,Missouri 65101

# ~ [i 

## 9:00 a.m.


## 10

11 MARCH 31, 2011

... 

## 12

BEFORE:

13

Mark Garnett, Chairman

14 Gary Pendergrass

Ron Boyer

15 Jack Baker

David Zimmermann

16

17

REPORTED BY:



## 18

Pamela Fick, RMR, RPR, MO CCR #447

19 Midwest Litigation Services

3432 West Truman Boulevard, Suite 207

20 Jefferson City, Missouri 65109
(573) 636-7551

21 1 800 280-3376

22



## 23

24 (Starting time of the public hearing: 9:13 a.m.)



## 25

MIDWEST LITIGATION SERVICES 

### www.midwestIitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

### 5



## 10

15

20

25 MEETING 3/3112011



### Page 2



### 1 

## PRO C E E DIN G S

2 

## CHAIRMAN GARNETT: I'm going to call to

3 

## order public hearing. The hearing will come to

4 

## order. Let the record show the llowing

Commiss are present: Mark Garnett,

6 Pendergrass, Ron Boyer, Jack Baker and David

7 Zimmermann.

8 Air Conservation Commission, the State

9 of Missouri, has called this public hearing pursuant

to Section 643.070, Revised Statutes of Missouri, EPA

11 promulgated Rule 40 CFR 51.102, for the purpose of

12 hearing testimony relating to 10 CSR 10 6.020

13 (amendment), Def tions and Common Reference Tables:

14 10 CSR 5.330 (amendment), Control of Emissions from

Industr Surface Coating Operations;

16 10 CSR 10 5.340 (amendment), Controll of Emissions

17 from Rotogravure and Flexographic Printing

18 Operations; 10 CSR 10 5.442 (amendment), Control of

19 Emissions from Lithographic Printing Operations;

10 CSR 10-5.455 (amendment)

I 

## Control of Emission from

21 Solvent Cleanup Operations; Reasonably Available

Control Technology Demonstration Update the 1997

23 8-hour Ozone Standard St. 

## Louis Nonattainment Area;

24 10 CSR 10 6.060 (amendment) I 

## Construction Permits

Required; 10 CSR 10 6.065 (amendment)
I 

## Operating

MIDWESTLITIGATION SERVICES www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

### 5



## 10

15

20



## 25 MEETING 3/31/2011



### Page 

### 28



### 1 

## It 1S spirit that we offer our

2 

## recommendations to the Mis Department of Natural

3 

## Resources. We would be to meet with you and

4 

## staff to discuss our comments about the current

draft of the proposed ation in further detail.

6 

## A formal comment letter on proposed amendment s

7 

## submitted to the Missouri Department of Natural

8 Resources. Thank you.

9 

## CHAIRMAN GARNETT: Mr. Suraud, thank you

very much.

11 

## MR. SURAUD: you.

12 

## CHAIRMAN GARNETT: ffany Drake.

13 MS. DRAKE: morning again,

14 Mr. Chairman and members of the Commission. I am

today to present testimony for the proposed

16 amendment to 10 CSR 10 5.455, 

## Control of Emission

17 From Solvent Cleanup The information

18 associated with this proposed rulemaking begins on

19 

## page 297 of the 3rd briefing document.

Pursuant to Section 183 of the Clean r



## 21 

## Act amendments of 1990, 

## the U.S. Environmental

22 

## Protection Agency, or EPA, issued 12 new cont

23 technique guideline documents known as CTGs from 2006

24 to 2008 for the control of volatile organ1C compounds

or 

# voc emissions ozone nonattainment areas.

MIDWEST LITIGATIONSERVICES www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

PROPOSED AMENDMENT

10 CSR 10-5.455 Control of Emissions from Industrial Solvent [Cleanup] Cleaning Operations. The commission proposes to amend the rule title, rule purpose, and section (3) and renumber and amend sections (1), (2), (4), and (5) of the rule. If the commissionadopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri StateImplementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule will reduce the volatile organic compounds(VOC) emissions from industrial cleaning operations that use organic solvents. This amendment will lower the allowable emissionsthreshold for VOCs released per day from the use, storage, and disposal of industrial cleaning solvents. It will also add requirements for facilities that have VOC emission levels that exceed the threshold, including placing limitations on the VOC content of the cleaningmaterials. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is the publication by the U.S. Environmental Protection Agency 2006 Control TechniquesGuidelines for industrial cleaning operations and Clean Air Act section 182(b)(2).

PURPOSE: This rule will reduce [solvent emissions from solvent cleanup operations] the volatile organic compounds emissions from industrial cleaning operations that use organic solvents

.

[(1) Definitions of certain terms specified in this rule may be found in 10 CSR 10-6.020.]

[(2)](1) Applicability.

(A) This rule shall apply throughout St. Louis City and the Counties of Jefferson, St. Charles, Franklin, and St. Louis.

(B) This rule shall apply to any person who performs or allows the performance of any cleaning operation involving the use of [a volatile] organic [compound (VOC)] solvents or solvent solutions

. Except as provided in subsections (1)(C) through (1)(E) of this rule, the [The] provisions of this rule shall [not] apply to any stationary source [at which cleaning solvent VOCs are emitted at less than five hundred (500) pounds per day.] that emits at least three (3) tons per twelve (12)-month rolling period or more of volatile organic compounds (VOCs) from cleaning operations at the source, in the absence of air pollution control equipment, and stores and/or disposes of these solvent materials.

(C) The following solvent cleaning operations are not subject to the provisions of this rule: 1. Cold cleaner; 2. Open top vapor degreaser; 3. Conveyorized cold cleaner; 4. Conveyorized vapor degreaser;5. Stripping of cured coatings, cured ink, or cured adhesives; 6. Cleaning operation in printing pre-press or graphic arts pre-press area, including the cleaning of film processors, color scanners, plate processors, film cleaning, and plate cleaning; [5.] 7. Nonmanufacturing area cleaning. Nonmanufacturing areas include cafeterias, laboratories, pilot facilities, restrooms,janitorial cleaning, including graffiti removal, and office buildings; and [6. Cleaning operations for which there has been madea best available control technology (BACT), reasonably available control technology (RACT), or lowest achievable emission rate (LAER) determination; and] [7.] 8. Cleaning operations [which are subject to the Aerospace National Emission Standards for Hazardous Air Pollutants Standards (NESHAP) source category.]for emission units within the following source categories listed for regulation under section 183(e) of the Clean Air Act: A. Aerospace coatings; B. Auto and light duty truck assembly coatings; C. Fiberglass boat manufacturing materials; D. Flat wood paneling coatings; E. Flexible packaging printing materials; F. Large appliance coatings; G. Letterpress printing materials; H. Lithographic printing materials; I. Metal furniture coatings; J. Miscellaneous industrial adhesives; K. Miscellaneous metals parts coatings; L. Paper, film, and foil coatings; M. Plastic parts coatings; N. Shipbuilding and repair coatings; and O. Wood furniture coatings. (D) The following solvent cleaning operations are exempt from the VOC-content limitations specified in subsection (3)(A) of this rule:1. Cleaning of solar cells, laser hardware, scientific instruments, and high-precision optics; 2. Cleaning conducted as part of the following: performance laboratory tests on coatings, adhesives, or inks; research and development programs; and laboratory tests in quality assurance laboratories; 3. Cleaning of paper-based gaskets and clutch assemblies where rubber is bonded to metal by means of an adhesive; 4. Cleaning of cotton swabs to remove cottonseed oil before cleaning of high-precision optics; 5. Cleaning at medical device and pharmaceutical facilities using up to one and one-half (1.5) gallons per day of solvents; 6. Cleaning of adhesive application equipment used for thin metal laminating; 7. Cleaning of electronic or electrical cables; 8. Touch-up cleaning performed on printed circuit boards where surface mounted devices have already been attached; 9. Cleaning of coating and adhesive application processes utilized to manufacture transdermal drug delivery product using less than three (3) gallons per day of ethyl acetate; 10. Cleaning of application equipment used to apply coating on satellites and radiation effect coatings;11. Cleaning of application equipment used to apply solventborne fluoropolymer coatings;12. Cleaning of ultraviolet or electron beam adhesive application; 13. Cleaning of sterilization indicating ink applicationequipment if the facility uses less than one and one-half (1.5) gallons per day of solvents for such cleaning; 14. Cleaning of metering rollers, dampening rollers, and printing plates; 15. Cleaning of numismatic dies; and 16. Cleaning of operations associated with digital printing. (E) Cleaning with aerosol products shall be exempt from the requirements of subsection (3)(A) of this rule if the facility uses one and one-quarter (1.25) gallons (one hundred sixty (160) fluid ounces) or less of the aerosol products per day. 

## Page 745 February 15, 2011 Vol. 36, No. 4 

### Missouri Register(2) Definitions. Definitions of certain terms specified in this rule may be found in 10 CSR 10-6.020.

(3) General Provisions. [Any person performing any industrial cleaning operation, not excluded in subsection (2)(B) or (C), involving the use of a VOC solvent or solvent solution shall demonstrate a thirty percent (30%) reduction in plant-wide industrial VOC cleaning solvent emissions as described in section (4) of this rule by May 31, 1996.]

(A) VOC-Content Limitations. No owner or operator of a source subject to this rule shall perform any cleaning operation subject to this rule unless the owner or operator meets the requirements in paragraph (3)(A)1., (3)(A)2., or (3)(A)3. of this rule— 1. The VOC content of the as-used cleaning solutions (minus water and exempt compounds) shall not exceed the following emissions limitations:A. Product cleaning during manufacturing process or surface preparation for coating, adhesive, or ink application.

B. Repair and maintenance cleaning.

C. Cleaning of ink application equipment.

D. All other solvent cleaning operations. 2. The composite vapor pressure of each as-used cleaning solution used does not exceed eight millimeters of Mercury (8.0 mmHg) measured at twenty degrees Celcius (20 °C) (sixty-eight degrees Fahrenheit (68 °F)); or 3. An oxidizer or carbon adsorber is installed and operated that reduces VOC emissions from the subject cleaning operationby at least eighty-five percent (85%) overall. The owner or operator may use an emission control system other than an afterburner or carbon adsorber if such device reduces VOC emission from the subject cleaning operation by at least eighty-five percent (85%) by mass, the owner or operator submits a plan to the director detailing appropriate monitoring devices, test methods, record-keeping requirements, and operation parameters for such a control device, and such a plan is approved by the director andthe U.S. Environmental Protection Agency (EPA) within federally-enforceable permit conditions.

(B) Cleaning Devices and Methods. The owner or operator of a facility that is subject to this rule shall employ one (1) or more of the following cleaning devices and methods: 1. Wipe cleaning; 2. Closed containers or hand-held spray bottles from which solvents are applied; 3. Cleaning equipment which has a solvent container that can be, and is, closed during cleaning operations, except whendepositing and removing objects to be cleaned, and is closed during non-operation with the exception of maintenance and repair to the cleaning equipment itself; and 4. Remote reservoir cleaner, if the operator of the cleaner complies with all of the following: A. Prevents solvent vapors from escaping from the solvent container by using such devices as a cover or a valve when the remote reservoir is not being used, cleaned, or repaired;B. Directs solvent flow in a manner that will prevent liquid solvent from splashing outside of the remote reservoir cleaner; C. Does not clean porous or absorbent materials, such as cloth, leather, wood, or rope; D. Uses only solvent containers free of all liquid leaks. Auxiliary equipment, such as pumps, pipelines, or flanges, shall not have any liquid leaks, visible tears, or cracks. Any liquid leak, visible tear, or crack detected shall be repaired within one (1) calendar day, or the leaking section of the remote reservoir cold cleaner shall be drained of all solvent and shut down until it is repaired or replaced; E. Non-atomized solvent flow method where the cleaning solvent is collected in a container or a collection system which is closed except for solvent collection openings and, if necessary,openings to avoid excessive pressure build-up inside the container; and F. Solvent flushing method where the cleaning solvent isdischarged into a container which is closed except for solvent collection openings, and, if necessary, other openings to avoid excessive pressure build-up inside the container. The discharged solvent from the equipment must be collected into containers without atomizing into the open air. The solvent may be flushed through the system by air or hydraulic pressure or by pumping. 

## Page 746 Proposed Rules February 15, 2011 Vol. 36, No. 4(C) Operating Requirements. The owner or operator of a source subject to the requirements of this section shall comply with the following for each subject cleaning operation: 1. Cover all open containers and properly cover and store applicators used to apply cleaning solvents; 2. Dispose of all used cleaning solutions, cleaning towels, and applicators used to apply cleaning solvents in closed containers that are nonleaking and nonabsorbent; 3. Minimize air circulation around the cleaning operation; and 4. Utilize equipment practices that minimize emissions.

(D) Control Device Inspection. For catalytic oxidizers, the catalyst bed material shall be inspected annually for general catalyst condition and any signs of potential catalyst depletion. The owneror operator shall also collect a representative sample of the catalyst from the oxidizer, per manufacturer’s recommendations, and have it tested to evaluate the catalyst’s capability to continue tofunction at or above the required control efficiency. An evaluation of the catalyst bed material shall be conducted whenever theresults of the inspection indicate signs of potential catalyst depletion or poor catalyst condition based on manufacturer’s recommendations but not less than once per year.

[(4) Solvent Emission Reduction. The following provisions apply to any stationary source subject to section (3) of this rule:

(A) A thirty percent (30%) emission reduction shall bebased on emissions in 1990 and in 1995. If the owner/operator demonstrates that either 1990 or 1995 is not a representative production year, then a demonstration shall be made to the agency that another year is more representative for purposes of comparison or for prorating cleaning solvent usage. The following applicable documentation of actions and associated emission reductions shall be sent to the department for approval by March 1, 1996: 1. Changes in cleaning solvents used; 2. Changes in work practices; and 3. Changes in equipment or processes; and (B) The changes described in subsection (4)(A) of this rule shall remain in effect until other changes resulting in greater, or equal, emission reductions from the cleaning operations are implemented.]

[(5) Recordkeeping. The person responsible for industrial cleaning operations at an affected facility seeking to comply with section (3) of this rule shall keep records of information sufficient for the calculation of emissions from each Unit Operation System (UOS) from the use of industrial cleaning solvents. A UOS consists of an industrial cleaning operation around which all organic solvent usage disposal, and fugitivelosses may be calculated using a simple mass balance equation. As an aid to compliance with this section, records for industrial cleaning UOSs may include one (1) or more of the following:

(A) Engineering drawings or sketches of all UOSs used to define industrial cleaning operations within the facility,including a system boundary, organic solvent input(s), organic solvent output(s), and organic solvent evaporative loss points. These drawings shall include each of the following: 1. Labeled boxes within the system boundary whichdescribe all components of the UOS, including any virgin solvent containers, solvent applicators, used solvent containers, and the surface being cleaned; 2. Numbered or lettered arrows depicting liquid and/or evaporative solvent flow, accurate with respect to relative mass flow rates in and out of the system boundary; and 3. Arrows depicting all organic solvent pathways within the system boundary; (B) One (1) accurate mass balance equation for each UOS depicted in subsection (5)(A) of this rule. Each equation shallhave variables consistent with those used to define the corresponding UOS and shall be solved for total VOC emissions for the UOS; and

(C) Any assumptions or approximations made in defining the UOSs.]

(4) Reporting and Record Keeping. All owners and operatorssubject to this rule shall maintain records as required by this section sufficient to determine continuous compliance with this rule.These records shall be kept for at least five (5) years to be automatically extended if enforcement action is pending. These records shall be made available immediately upon request for review by the Department of Natural Resources’ personnel and other air pollution control agencies upon presentation of proper credentials.

(A) The owner or operator of a facility that includes an industrial solvent cleaning operation shall keep records detailing specific VOC uses as necessary for the director to determine monthly compliance. All facility records must include the following: 1. A list of all solvents currently used and/or stored at the site. The list shall include the following information: A. Cleaning solvent type by name/code/manufacturer; B. The actual VOC content of the cleaning solvents, based upon EPA Method 24, of each cleaning material, in pounds per gallon of material, as applied or the VOC composite partial vapor pressures of the solvents or solvent solutions used in theindustrial cleaning operations. This calculation need only be performed once for each batch of cleaning solution used; and C. The actual mixing ratio for the cleaning solvent as applied; and 2. Records of usage including the following information:

A. Monthly records of total applied volume in gallons for each cleaning solvent used; B. Monthly records of solvent cleaning activity associated with each solvent used; C. Monthly records of total volume of aerosol products in ounces used; andD. The total monthly VOC emissions (summation of gallons × VOC content (in pounds per gallon)).

(B) If a facility includes automatic equipment, records shall also include, as applicable, the following: 1. For a source with automatic equipment that prepares each batch of cleaning solution(s) on site, records for each batch shall include: A. The name and identification of each cleaning solution;B. The VOC content of each cleaning solvent in the cleaning solution; C. Each change to the setting of the automatic equipment, with date, time, description of changes in the cleaning solution constituents (e.g., cleaning solvents), and description of changesto the proportion of cleaning solvent and water (or other nonVOC); D. The proportion of each cleaning solvent and water (or other non-VOC) used to prepare the as-used cleaning solution; E. The VOC content of the as-used cleaning solution, with the supporting calculations; andF. A calibration log for the automatic equipment, detailing periodic checks;2. For a source with automatic equipment that does not prepare cleaning solution(s) on site, records for each batch of cleaning solution shall include: A. The name and identification of each cleaning solution;B. Date, time of preparation, and each subsequent modification of the batch;C. The VOC content of each cleaning solvent in the cleaning solution; 

## Page 747 February 15, 2011 Vol. 36, No. 4 

### Missouri RegisterD. The total amount of each cleaning solvent and water(or other non-VOC) used to prepare the as-used cleaning solution; and E. The VOC content of the as-used cleaning solution, with supporting calculations; and 3. For cleaning solutions that are not prepared at the site, but are used as-purchased, the manufacturer’s specifications for VOC content may be used if such manufacturer’s specifications are based on the results of tests of the VOC content in accordance with EPA Method 24.

(C) Any owner or operator using an emission control device pursuant to this rule shall maintain records, on a daily basis, of key system operating parameters for emission control equipment, including, but not limited to: 1. Identification of the type of emissions control system used; 2. Hours of operation; 3. Routine and non-routine maintenance, including dates and duration of any outages; 4. Records of test reports conducted; 5. If an owner or operator of a solvent cleaning operation employs a thermal oxidizer or catalytic oxidizer to achieve and maintain compliance, the owner or operator shall comply with the following requirements: A. Continuous temperature monitoring and continuous temperature recording equipment shall be installed and operatedto accurately measure the operating temperature(s) for the control device; and B. The following information shall be collected and recorded each day of operation of the solvent cleaning operation and the control device, and the information shall be maintained at the facility for a period of five (5) years: (I) A log or record of the operating time for the controldevice, monitoring equipment, and the associated solvent cleaning operation; (II) For thermal oxidizers, all three (3)-hour periods of operation during which the average combustion temperature was more than fifty degrees Fahrenheit (50 °F) below the average combustion temperature during the most recent emission test that demonstrated that the solvent cleaning operation was in compliance; and (III) For catalytic oxidizers, all three (3)-hour periods of operation during which the average temperature of the dryer exhaust gases immediately before the catalyst bed was more than fifty degrees Fahrenheit (50 °F) below the average temperature of the dryer exhaust gases during the most recent emission test thatdemonstrated that the solvent cleaning operation was in compliance, and all three (3)-hour periods during which the average temperature difference across the catalyst bed was less thaneighty percent (80%) of the average temperature difference during the most recent emission test that demonstrated that the solvent cleaning operation was in compliance; and 6. If an owner or operator of a solvent cleaning operation employs a carbon adsorption system to achieve and maintaincompliance, the owner or operator shall comply with the following requirements: A. Monitoring and recording equipment that records all of the following shall be installed and operated for the carbon adsorption system: (I) A continuous emission monitoring and recording system that is capable of accurately measuring and recording the concentration of organic compounds in the exhaust gases from the carbon adsorption system;(II) Monitoring and recording equipment that are capable of accurately measuring and recording the total mass steam flow rate for each regeneration cycle of each carbon bed; and (III) Monitoring and recording equipment that are capable of accurately measuring and recording the temperature of each carbon bed after regeneration (and after completion of any cooling cycle(s)); and B. The following information shall be collected and recorded each day of operation of the solvent cleaning operation and the carbon adsorption system: (I) A log or record of the operating time for the carbon adsorption system, monitoring equipment, and the associated solvent cleaning operation;(II) For a carbon adsorption system that employs a continuous emission monitoring and recording system to measure and record the concentration of organic compounds in the exhaust gases, all three (3)-hour periods of operation during which the average concentration level or reading in the exhaust gases is more than twenty percent (20%) greater than the exhaust gas organic compound concentration level or reading measured by the most recent performance test that demonstrated that the solvent cleaning operation was in compliance;(III) For a carbon adsorption system that employs monitoring and recording equipment to measure and record the total mass steam flow rate for each regeneration cycle of each carbon bed, all carbon bed regeneration cycles during which the total mass steam flow rate was more than ten percent (10%) below the total mass steam flow rate during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance; and(IV) For a carbon adsorption system that employs monitoring and recording equipment to measure and record the temperature of each carbon bed after regeneration (and after completion of any cooling cycle(s)) was more than ten percent (10%) greater than the carbon bed temperature during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance.

(5) Test Methods. Certain test methods mentioned in this rulemay be found in 10 CSR 10-6.030. Other EPA test methods specific to this rule may be found in 40 CFR 60, Appendix A.

(A) Control Efficiency Testing. To demonstrate compliancewith the emission limits of subsection (3)(C) of this rule, an initial emission test shall be performed after any required control equipment is installed. The emission limits shall not have been met until compliance has been verified through this testing. Testing shall also be required after significant modifications toany control equipment required by this rule. Significant modifications include any repairs or changes that might substantiallyalter or affect the overall control efficiency. This subsection outlines the methods to be used for any such testing.1. The emission unit shall be run at typical operating conditions and flow rates compatible with scheduled production during any emission testing. 2. EPA Method 1 or 1A, as appropriate, shall be used to select the sampling sites. 3. EPA Method 2, 2A, 2C, or 2D, as appropriate, shall be used to determine the velocity and volumetric flow rate of the exhaust stream. 4. EPA Method 3 or 3A, as appropriate, shall be used to determine the concentration of Oxygen (O2) and Carbon Dioxide (CO2).5. EPA Method 4 shall be used to determine moisture content.6. EPA Method 18, 25, or 25A shall be used to determine the VOC concentration of the exhaust stream entering and exiting the control device, unless the alternate limit in paragraph (3)(C)2. of this rule is being used for compliance, in which case only the VOC concentration of the exit exhaust shall be determined. Incases where the anticipated outlet VOC concentration of the control device is less than fifty parts per million by volume (50 ppmv) as carbon, EPA Method 25A shall be used. 7. If EPA Method 25A is used— 

## Page 748 Proposed Rules February 15, 2011 Vol. 36, No. 4A. The outlet readings from a thermal or catalytic oxidizer may be corrected by using EPA Method 18 or 25 to determine non-VOC components (methane and ethane) and subtracting these from the Method 25A result; and B. The director may require a retest by EPA Method 18 or 25 if the average corrected outlet reading is greater than fifty (50) ppmv VOC as carbon. 8. A compliance test shall consist of up to three (3) separate runs, each lasting a minimum of sixty (60) minutes unless thedirector determines that the circumstances dictate shorter sampling times. 9. EPA Method 25 specifies a minimum probe temperature of two hundred sixty-five degrees Fahrenheit (265 °F). To prevent condensation, the probe should be heated to at least the gas stream temperature, typically close to three hundred fifty degrees Fahrenheit (350 °F). 10. EPA Method 25A specifies a minimum temperature of two hundred twenty degrees Fahrenheit (220 °F) for the sampling components leading to the analyzer. To prevent condensation when testing heatset printing presses, the sampling components and flame ionization detector lock should be heated to at least the gas stream temperature, typically close to three hundred fifty degrees Fahrenheit (350 °F). 11. The oxidizer operating temperature or the temperatureof the gas upstream of the catalyst bed may be used as the operating parameter for determining continuous compliance with theemission standard of subsection (3)(C) of this rule. This temperature shall be computed as the time-weighted average of the temperature values recorded during the test. The owner or operatormust maintain the oxidizer at a three (3)-hour average temperature no less than fifty degrees Fahrenheit (50 °F) below the average temperature observed during the most recent stack test to demonstrate continuous compliance. 12. Use of an adaptation to any of the methods specified in this subsection may be approved by the director on a case-by-casebasis. The owner or operator shall submit sufficient documentation for the director to find that the methods specified in this subsection will yield inaccurate results and that the proposed adaptation is appropriate. 13. To determine capture efficiency, use the procedure in 10 CSR 10-6.030(20).

(B) VOC Content Testing for Cleaning Solutions. The VOC content or VOC composite partial vapor pressure of cleaning solutions shall be determined by one (1) of the following: 1. Analysis by EPA Method 24 for VOC content or by an appropriate method for VOC composite partial vapor pressure of a sample of the cleaning solution. The analysis may be performed by the supplier of those materials; 2. Calculation for VOC content that combines EPA Method 24 analytical data for the concentrated materials used to prepare the cleaning solution and the proportions in which they are mixed to make the cleaning solution as applied. Owners or operators may use formulation information provided with the concentratedmaterials used to prepare the cleaning solution, such as the container label, the product data sheet, or the Material Safety Data Sheet (MSDS) to document the VOC content of the concentrated material; or3. If cleaning is not diluted prior to use, MSDS or manufacturer’s formulation data sheet may be used.

AUTHORITY: section 643.050, RSMo Supp. [1995] 2010. Original rule filed Oct. 7, 1994, effective May 28, 1995. Amended: Filed July 15, 1996, effective Feb. 28, 1997. Amended: Filed Nov. 30, 2010.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate. PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., March 31, 2011. The public hearing will be held at Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., April 7, 2011. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102-0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.020 Definitions and Common Reference Tables. The commission proposes to amend subsections (2)(A)–(2)(J) and (2)(L)–(2)(W). If the commission adopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule defines key words and expressions used in Chapters 1 through 6 and provides common reference tables. Thisamendment will add all of the definitions currently found in individual Division 10 air rules into the general definitions rule unless a specific reason exists for a definition to be unique to a specific rule. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is public hearing testimony.

PURPOSE: This rule defines key words and expressions used in [c]C hapters 1 through 6 and provides common reference tables.

(2) Definitions.

(A) All terms beginning with “A.”

1. Abatement project designer—An individual who designs or plans Asbestos Hazard Emergency Response Act (AHERA) asbestos abatement. 2. Account certificate of representation—The completed and signed submission for certifying the designation of a nitrogen oxides (NO

x) authorized account representative for an affected unit or a group of identified affected units who is authorized to represent the owners or operators of such unit(s) and of the affected units at such source(s) with regard to matters under an NO

x trading program. 3. Account holder—Any person that chooses to participatein the program by generating, buying, selling, or trading emission reduction credits (ERCs). 4. Account number—The identification number given to each NO

x allowance tracking system account. 5. Acid rain emissions limitation—As defined in 40 CFR 72.2, a limitation on emissions of sulfur dioxide or nitrogen 

## Page 749 February 15, 2011 Vol. 36, No. 4 

### Missouri Register

### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo 2000, the commission amends a rule as follows:

10 CSR 10-5.455 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on February 15,2011 (36 MoReg 745–749). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.
SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received four (4) comments from two (2) sources, the American Coatings Association (ACA) and the St. Louis County Air Pollution Control Program. The ACA requested that their represented industries be exempted from the rule, or if this request was not possible, provided language to better accommodate the needs of their industry. St. Louis County Air Pollution Control Program requested that language be added to the rule to further explain how affected entities can show the rule no longer applies to them.

COMMENT #1: The ACA opposes Missouri’s adoption of the Industrial Solvent Cleaning Control Technique Guidelines (CTG) for coatings, inks, and resin manufacturing operations based on claims that the proposed amendment does not allow effective cleaning and because Missouri already has an applicable regulation, 10 CSR 10- 5.390, that requires covers on all tanks containing volatile organic compounds (VOCs) used for cleaning equipment. RESPONSE: Missouri is following the guidance provided by EPA inthe CTG that exempts industries that are specifically listed for regulation under Section 183(e) of the Clean Air Act. In addition, specific exemptions that have been included by other state CTG rules have been incorporated into this rulemaking. No other state rule has exempted this industry. In addition, the requirements listed in the amendment to this rule are much more specific and cover much moreof the cleaning operation work practices than just covering tanks containing VOCs used for cleaning. Therefore, no change was made to the amendment text as a result of this comment.

COMMENT #2: If Missouri does not exempt solvent cleaning atcoating, inks, and resin manufacturing operations, the ACA recommends adding regulatory language that is currently being adopted by the states of Wisconsin, Ohio, and Illinois. This language includesalternative compliance options for coating, inks, and resin manufacturers and requires one (1) or more of the requirements be met. RESPONSE AND EXPLANATION OF CHANGE: Specific groups have concerns that address cleaning issues specific to their industry.Allowances were made in the proposed rulemaking to address various industries. Therefore, in order to accommodate the manufacturers of coatings, inks, and resins, allowances for higher level contentof VOCs and an option including an allowable amount of fresh solvent have been incorporated into the rule as new subsections (1)(F), (1)(G), and (3)(E). Along with the accommodations, the rule will require good work practices such as keeping containers covered and maintaining leak free equipment.

COMMENT #3: The St. Louis County Air Pollution Control Program suggested, in order to be consistent with other rules and provide sources with an option to opt out of the rule requirements, adding language to clarify that a source may show they have become exempt from the rule once their actual emissions drop below three (3)tons and the facility can demonstrate, to the satisfaction of the director, that total actual VOC emissions is less than three (3) tons per twelve (12)-month rolling period for five (5) consecutive twelve (12)- month periods.RESPONSE AND EXPLANATION OF CHANGE: In order to provide clarity to sources on how to become exempt from the rule once it no longer applies to them, a new subsection (1)(H) was added to the applicability section of the rule.

COMMENT #4: The St. Louis County Air Pollution Control Program commented that they support the amendments. RESPONSE: The Missouri Department of Natural Resources’ Air Pollution Control Program appreciates the support. No change was made to the amendment text as a result of this comment.

10 CSR 10-5.455 Control of Emissions from Industrial Solvent Cleaning Operations

(1) Applicability.

(B) This rule shall apply to any person who performs or allows the performance of any cleaning operation involving the use of organic solvents or solvent solutions. Except as provided in subsections (1)(C) through (1)(G) of this rule, the provisions of this rule shall apply to any stationary source that emits at least three (3) tons pertwelve (12)-month rolling period or more of volatile organic compounds (VOCs) from cleaning operations at the source, in theabsence of air pollution control equipment, and stores and/or disposes of these solvent materials.

(F) Cleaning operations at a manufacturer of coatings, inks, or resins are exempt from subsections (3)(A) and (3)(B) of this rule.

(G) Subsection (3)(E) applies to manufacturers of coatings, inks, and resins only.

(H) Once a source has exceeded the applicability level of this rule, it shall remain subject to this rule even if its actual emissions drop below the applicability level of this rule until it can demonstrate, to the satisfaction of the director, that the total actual VOC emissions from solvent cleaning operations, before consideration of controls, is less than three (3) tons per twelve (12)-month rolling period for sixty (60) consecutive months.

(3) General Provisions.

(E) Requirements for coatings, inks, and resin manufacturers.Coating, ink, and resin manufacturers must comply with the following requirements: 1. Clean portable or stationary mixing vats, high dispersion mills, grinding mills, tote tanks, and roller mills by one (1) or more of the following methods: A. Use a solvent or solvent solution that either contains less than 1.67 pounds per gallon (0.20 kilograms per liter) of VOC or hasa composite vapor pressure no more than eight millimeters of mercury (8.0 mmHg) at twenty degrees Celsius (20 °C); B. Collect and vent the emissions from equipment cleaning toa VOC emission control system that has an overall capture and control efficiency of at least eighty percent (80%) by weight for the VOC emissions. Where such reduction is achieved by incineration, at leastninety percent (90%) of the organic carbon shall be oxidized to carbon dioxide; orC. Use organic solvents other than those allowed in subparagraph (3)(E)1.A. of this rule provided no more than sixty (60) gallons (two hundred twenty-eight (228) liters) of fresh solvent shall be used per month. Organic solvent that is reused or recycled (eitheronsite or offsite), for further use in equipment cleaning or the manufacture of coating, is not included in this limit; 2. Work practices while cleaning shall include:

A. Equipment being cleaned must be maintained leak free; 

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### Missouri RegisterJuly 1, 2011 Vol. 36, No. 13

B. VOC-containing cleaning materials must be drained from the cleaned equipment upon completion of cleaning;C. VOC-containing cleaning materials, including waste solvents, shall not be stored or disposed of in such a manner that will cause or allow evaporation into the atmosphere; and D. Store all VOC-containing materials in closed containers; and 3. When using solvent for wipe cleaning, the owner or operator of a facility shall: A. Not use open containers for the storage or disposal of cloth or paper impregnated with organic compounds that is used for cleanup or coating, ink, or resin removal; and B. Not store spent or fresh organic compounds to be used for cleanup or coating, ink, or resin removal in open containers.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission under section 643.050, RSMo 2000, the commission amends a rule as follows:

10 CSR 10-6.020 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on February 15,2011 (36 MoReg 749–784). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.
SUMMARY OF COMMENTS: The Missouri Department of Natural Resources received thirteen (13) comments from six (6) sources including the Treated Wood Council, the Missouri Forest Products Association, the Missouri Hospital Association, Newman, Comley & Ruth, P.C., Printing Industries of St. Louis, Inc., and the St. Louis County Air Pollution Control Program.

COMMENT #1: The Treated Wood Council and the Missouri Forest Products Association both commented on their concern as to what qualifies as a renewable fuel as defined by the term in paragraph (2)(R)27. Both parties requested that treated wood be included as arenewable energy source for use at facilities that satisfied all pertinent environmental requirements and obtained the necessary permits. RESPONSE AND EXPLANATION OF CHANGE: The definition for renewable fuel as found in paragraph (2)(R)27. originates from a rule that was defining renewable fuel for use in cement kilns. It was not the intent of the definition to define renewable fuel across all potential uses of the term. Therefore, text has been added to the beginning of the definition clarifying that the term is defined only for use with the cement kiln emission rule 10 CSR 10-6.380.

COMMENT #2: The Missouri Hospital Association (MHA) requested that the definitions for the terms hospital and low-level radioactive waste be replaced with the definitions defined in Missouristatute. MHA also requested that the definition for medical/infectious waste be replaced with the definition used by the Department of Natural Resources’ Solid Waste Program. RESPONSE: All three (3) definitions in the proposed rulemaking are consistent with definitions in the federal rule 40 CFR Part 60 Subpart Ec. These definitions are used in rule 10 CSR 10-6.200 Hospital, Medical, Infectious Waste Incinerators. In order for this rulemaking to be federally approvable, the definitions must be consistent with the air portion of the Code of Federal Regulations. Therefore, no changes were made to the rule as a result of these comments.

COMMENT #3: Newman, Comley & Ruth, P.C. commented thatthe definition of air pollutant allows the staff director to identify precursors to the formation of any air pollutant, and this may exceed authority granted under provisions of state statues. RESPONSE AND EXPLANATION OF CHANGE: This definitionwas moved from 10 CSR 10-6.065 and originated from a federal definition. When this definition was added to 10 CSR 10-6.065, the federal term of administrator was replaced with staff director. This type of replacement was common any time federal rules and definitions were incorporated into state rules. However, in this case it did not make sense. The staff director has never identified precursors for this purpose. As a result of this comment, the definition has been changed to reflect that only the administrator of the EPA or theadministrator’s duly authorized representative is permitted to identify precursor(s).

COMMENT #4: Printing Industries of St. Louis, Inc. have requested additions to the definitions of batch and press in the proposed rulemaking and have recommended adding the term fountain solution reservoir to the definitions rule in order to facilitate understanding of 10 CSR 10-5.442 Control of Emissions from Lithographic Printing Operations.
RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, changes were made to the definitions of batch and press and the term fountain solution reservoir was added to help in the understanding of the affected rules.

COMMENT #5: St. Louis County Air Pollution Control Program recommended that the definition of reporting year be updated to reflect the latest definition found in 10 CSR 10-6.110 ReportingEmission Data, Emission Fees, and Process Information and the definition for Consolidated Emissions Reporting Rule (CERR) be deleted as it will no longer be used when the definition of reporting year is updated. Also, the term peak ozone season should be deleted as it is not used anywhere in the air rules.
RESPONSE AND EXPLANATION OF CHANGE: As recommended, the definition of reporting year has been updated based on the current definition in 10 CSR 10-6.110, and peak ozone season was deleted. In addition, Consolidated Emissions Reporting Rule wasdeleted because it is obsolete and has been superseded by the federal Air Emissions Report Rule.

COMMENT #6: St. Louis Air Pollution Control Program noted thatdefinitions exist for both emission inventory and inventory and suggested that one (1) of the definitions be eliminated, or both should at least be reviewed to assure that both definitions are appropriate and consistent.RESPONSE AND EXPLANATION OF CHANGE: Emission inventory is a new definition that was incorporated due to an amendment to 10 CSR 10-6.300. The term inventory has been in 10 CSR 10- 6.020 for an extended period of time. Therefore, in order for the term inventory to be removed, a review of the rules was performed to determine if the term emissions inventory is an appropriate replacement. This review was done and it was determined that the term inventory is redundant and can be deleted from 10 CSR 10- 6.020.

COMMENT #7: St. Louis Air Pollution Control Program commented that there are two (2) different definitions for emission and emissions. Emission appears to be a general term and emissions appears to be specifically for the nitrogen oxides (NO

x) budget rule. If that is the case, clarification should be added to the emissions definition to reflect its specific usage.RESPONSE AND EXPLANATION OF CHANGE: In order to provide greater clarity regarding definitions of terms and where rule 

## Page 1670 Orders of Rulemaking