Jeremiah W. Oay) Nixon, Governor • Sara Parker Pauley, Direcror 

T OF NATURAL RESOURCES 


www.dnr.rno.gov 

MA'( - 4 2012 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

901 North Fifth Street 

Kansas City, KS 66101 

Dear Mr. Brooks: 


The Missouri Air Conservation Commission has recently revised or promulgated the following 


regulation(s) for the Missouri State Implementation Plan (SIP). The following is enclosed for 


your reVIew: 


10 CSR 10-5.490 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. 


The commission adopted the enclosed rule action(s) on February 2,2012, after considering 


comments received at public hearing. The commission has full legal authority to develop rules 


pursuant to Section 643.050 of the 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 of plan completeness per 40 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. 


Also, the Missouri Department of Natural Resources requests that the U.S. 


Environmental Protection Agency approve this plan for existing municipal solid waste landfills 


pursuant to section 111(d) of the Clean Air Act. 


Compliant with the April 6, 2011 SIP regional consistency memo, an exact duplicate of this 


o Rcc)clcd Paper 
Mr. Karl Brooks 

Page Two 

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. If you have any questions regarding this 

submittal, please contact Wendy Vit, with the Department's Air Pollution Control Program at 

P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751-7840. 

Sincerely, 

AIR POLLUTION CONTROL PROGRAM 

Kyra 

~QZ'~ L. Moore 

Director 

KLM:pmc 

Enclosures: 

Copy of rule published in CSR 

Copy of commission signature page certifying Missouri Air Conservation Commission adoption 

Copy of technical support documentation for rule (if applicable) 

Copies of public hearing newspaper notices 

Copy of public hearing transcript introductory statement 

Copy ofMO Reg proposed rulemaking 

Copy ofMO Reg order of rule making with comments/responses 

c: Missouri Air Conservation Commission 
Chapter 5—Air Quality Standards and Air Pollution Control Rules

Specific to the St. Louis Metropolitan Area 10 CSR 10-5

(5) Test Methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo 2000.*

Original rule filed Oct. 4, 1994, effective May

28, 1995. Amended: Filed May 1, 1996,

effective Dec. 30, 1996. Amended: Filed June

15, 1998, effective Jan. 30, 1999. Amended:

Filed Feb. 14, 2003, effective Sept. 30, 2003.

Amended: Filed April 1, 2005, effective Dec.

30, 2005. Amended: Filed Oct. 24, 2006,

effective July 30, 2007. Amended: Filed July

1, 2010, effective Feb. 28, 2011.

*Original authority: 643.050, RSMo 1965, amended

1972, transferred from 203.050 in 1986, 1992, 1993,

1995.

10 CSR 10-5.490 Municipal Solid Waste

Landfills

PURPOSE: This rule requires municipal

solid waste landfills to monitor their nonmethane organic compound (NMOC) emissions. Landfills having NMOC emission rates

above the regulatory cutoff shall design and

install a gas collection and control system.

PUBLISHER’S NOTE: The secretary of state

has determined that the 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 more than the actual cost of

reproduction. This note applies only to the

reference material. The entire text of the rule

is printed here.

(1) Applicability.

(A) This rule applies to all municipal solid

waste (MSW) landfills located in the St.

Louis ozone nonattainment area (Jefferson,

Franklin, St. Charles, St. Louis Counties,

and St. Louis City) that have accepted waste

any time since November 8, 1987, or have

additional capacity available for future waste

deposition.

(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)

70 or 71, unless the landfill is otherwise subject to either 40 CFR 70 or 71. For purposes

of submitting a timely application for an

operating permit under 40 CFR 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

70 or 71, becomes subject to the requirements of 40 CFR 70.5(a)(1)(i) or

71.5(a)(1)(i) ninety (90) days after the effective date of such 111(d) program approval,

even if the design capacity report is submitted earlier.

(C) When an MSW landfill subject to this

rule is closed, the owner or operator is no

longer subject to the requirement to maintain

an operating permit under 40 CFR 70 or 71

for the landfill if the landfill is not otherwise

subject to the requirements of either 40 CFR

70 or 71 and if either of the following conditions is met:

1. The landfill was never subject to a

requirement for a control system under section (3) of this rule; or

2. The owner or operator meets the conditions for control system removal specified

in section 60.752(b)(2)(v) of 40 CFR 60,

Subpart WWW.

(D) Physical or operational changes made

to an existing MSW landfill solely to comply

with this rule are not considered construction, reconstruction, or modification for the

purposes of this rule.

(2) Definitions. Definitions of certain terms

specified in this rule may be found in 10 CSR

10-6.020.

(3) Standards for Air Emissions from

Municipal Solid Waste Landfills. Provisions

of 40 CFR 51, 40 CFR 52, 40 CFR 60, and

40 CFR 258 are incorporated by reference in

subsection (3)(C) of this rule. Also, the

Compilation of Air Pollutant Emission

Factors, Volume I: Stationary Point and Area

Sources, AP-42, Fifth Edition, January 1995

(hereafter AP-42), as published by the

Government Printing Office, 732 North

Capitol Street NW, Washington, DC, 20401,

shall apply and is hereby incorporated by reference, including Supplement E dated

November 1998. This rule does not incorporate any subsequent amendments or additions.

(A) Each owner or operator of a municipal

solid waste (MSW) landfill having a design

capacity less than one (1.0) million megagrams (one and one-tenth (1.1) million tons)

by mass or one (1.0) million cubic meters

(one and three-tenths (1.3) million cubic

yards) by volume shall submit within ninety

(90) days of the rule effective date an initial

design capacity report, as described in subsection (8)(A) of this rule, to the director.

The landfill may calculate design capacity in

either megagrams or cubic meters for comparison with the exemption values. Any density conversions shall be documented and

submitted with the report. Submittal of the

initial design capacity report shall fulfill the

requirements of this rule, except as provided

for in paragraphs (3)(A)1. and 2. of this rule.

1. The owner or operator shall submit

an amended design capacity report, as provided for in paragraph (8)(A)3. of this rule.

2. When an increase in the design

capacity of the landfill results in a revised

maximum design capacity equal to or greater

than one (1.0) million megagrams or one

(1.0) million cubic meters, the owner or

operator shall comply with the provisions of

subsection (3)(B) of this rule.

(B) Each owner or operator of an MSW

landfill having a design capacity equal to or

greater than one (1.0) million megagrams or

one (1.0) million cubic meters shall either

comply with paragraph (3)(B)2. of this rule

or calculate an nonmethane organic compounds (NMOC) emission rate for the landfill using the procedures specified in section

(5) of this rule. The NMOC emission rate

shall be recalculated annually except as provided for in subparagraph (8)(B)1.B. of this

rule.

1. If the calculated NMOC emission rate

is less than twenty-five (25) megagrams

(twenty-seven and one-half (27.5) tons) per

year, the owner or operator shall—

A. Submit an annual emission rate

report to the director, except as provided for

in subparagraph (8)(B)1.B. of this rule; and

B. Recalculate the NMOC emission

rate annually using the procedures specified

in paragraph (5)(A)1. of this rule until such

time as the calculated NMOC emission rate is

equal to or greater than twenty-five (25)

megagrams, or the landfill closes.

(I) If the NMOC emission rate,

upon recalculation, is equal to or greater than

twenty-five (25) megagrams per year, the

owner or operator shall install a collection

and control system in compliance with paragraph (3)(B)2. of this rule.

(II) If the landfill is permanently

closed, a closure notification shall be submitted to the director as provided for in subsection (8)(D) of this rule.

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 75

Secretary of State
2. If the calculated NMOC emission rate

is equal to or greater than twenty-five (25)

megagrams per year, the owner or operator

shall—

A. Submit a collection and control system design plan prepared by a professional

engineer to the director within one (1) year of

the NMOC emission rate report. Permit modification approval from the Missouri Department of Natural Resources’ Solid Waste

Management Program shall be required prior

to construction of any gas collection system.

(I) The collection and control system as described in the plan shall meet the

design requirements of subparagraph

(3)(B)2.B. of this rule.

(II) The collection and control system design plan shall include any alternatives

to the operation standards, test methods, procedures, compliance measures, monitoring,

record keeping, or reporting provisions of

sections (4) through (9) of this rule proposed

by the owner or operator.

(III) The collection and control system design plan shall either conform with

specifications for active collection systems in

section (10) of this rule or include a demonstration to the director’s satisfaction of the

sufficiency of the alternative provisions to

section (10) of this rule.

(IV) The director will review the

collection and control system design plan and

either approve it, disapprove it, or request

that additional information be submitted.

Because of the many site-specific factors

involved with landfill gas system design,

alternative systems may be necessary. A

wide variety of system designs are possible,

such as vertical wells, combination horizontal

and vertical collection systems, horizontal

trenches only, leachate collection components, and passive systems;

B. Install a collection and control system that captures the gas generated within the

landfill as required by part (3)(B)2.B.(I) or

(II) and subparagraph (3)(B)2.C. of this rule

within thirty (30) months after the first annual report in which the emission rate equals or

exceeds twenty-five (25) megagrams per

year, unless Tier 2 or Tier 3 sampling under

section (5) of this rule demonstrates that the

emission rate is less than twenty-five (25)

megagrams per year, as specified in paragraph (8)(C)1. or 2. of this rule.

(I) An active collection system

shall—

(a) Be designed to handle the

maximum expected gas flow rate from the

entire area of the landfill that warrants control

over the intended use period of the gas control or treatment system equipment;

(b) Collect gas from each area,

cell, or group of cells in the landfill in which

the initial solid waste has been placed for a

period of—

I. Five (5) years or more, if

active; or 

II. Two (2) years or more, if

closed or at final grade;

(c) Collect gas at a sufficient

extraction rate; and

(d) Be designed to minimize offsite migration of subsurface gas.

(II) A passive collection system

shall—

(a) Comply with the provisions

of subparts (3)(B)2.B.(I)(a), (b), and (d) of

this rule; and

(b) Be installed with liners on the

bottom and all sides in all areas in which gas

is to be collected. The liners shall be installed

as required under 40 CFR 258.40; 

C. Route all the collected gas to one

(1) or more of the following control systems:

(I) An open flare designed and

operated in accordance with 40 CFR 60.18

except as noted in subsection (5)(E) of this

rule;

(II) A control system designed and

operated to reduce NMOC by ninety-eight

(98) weight-percent, or, when an enclosed

combustion device is used for control, to

either reduce NMOC by ninety-eight (98)

weight-percent, or reduce the outlet NMOC

concentration to less than twenty (20) parts

per million by volume, dry basis as hexane at

three percent (3%) oxygen. The reduction

efficiency or parts per million by volume

shall be established by an initial performance

test, to be completed no later than one hundred eighty (180) days after the initial startup

of the approved control system using the test

methods specified in subsection (5)(D) of this

rule.

(a) If a boiler or process heater

is used as the control device, the landfill gas

stream shall be introduced into the flame

zone.

(b) The control device shall be

operated within the parameter ranges established during the initial or most recent performance test. The operating parameters to

be monitored are specified in section (7) of

this rule; or

(III) A system that routes the collected gas to a treatment system that processes the collected gas for subsequent sale or

use. All emissions from any atmospheric vent

from the gas treatment system shall be subject

to the requirements of part (3)(B)2.C.(I) or

(II) of this rule;

D. Operate the collection and control

device installed to comply with this rule in

accordance with the provisions of sections

(4), (6), and (7) of this rule;

E. The collection and control system

may be capped or removed provided the following conditions are met:

(I) The landfill shall be no longer

accepting solid waste and be permanently

closed under the requirements of 40 CFR

258.60. A closure report shall be submitted

to the director;

(II) The collection and control system has been in operation a minimum of fifteen (15) years; and

(III) The calculated NMOC gas

produced by the landfill is less than twentyfive (25) megagrams per year on three (3)

successive test dates. The test dates shall be

no less than ninety (90) days apart and no

more than one hundred eighty (180) days

apart; and

F. The planning, awarding of contracts, and installation of MSW landfill air

emission collection and control equipment

capable of meeting the emission standards in

subsection (3)(B) of this rule shall be accomplished within thirty (30) months after the

date the initial NMOC emission rate report

shows NMOC emissions equal or exceed

twenty-five (25) megagrams per year.

(C) The specific citations of 40 CFR 51,

40 CFR 52, 40 CFR 60, and 40 CFR 258 referenced in this rule and published July 1,

2011, shall apply and are hereby incorporated by reference in this rule, as published by

the Office of the Federal Register, U.S.

National Archives and Records, 700

Pennsylvania Avenue NW, Washington, DC

20408. This rule does not incorporate any

subsequent amendments or additions. Certain

terms used in 40 CFR refer to federal officers

and agencies. The following terms applicable

to Missouri shall be substituted where appropriate for the delegable federal counterparts:

Director shall be substituted for

Administrator, and Missouri Department of

Natural Resources shall be substituted for

EPA, EPA Regional Office, or Environmental

Protection Agency.

(4) Operational Standards for Collection and

Control Systems. Each owner or operator of

an MSW landfill gas collection and control

system used to comply with the provisions of

subparagraph (3)(B)2.B. of this rule shall—

(A) Operate the collection system such that

gas is collected from each area, cell, or group

76 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

of cells in the MSW landfill in which solid

waste has been in place for—

1. Five (5) years or more if active; or

2. Two (2) years or more if closed or at

final grade;

(B) Operate the collection system with negative pressure at each wellhead except under

the following conditions:

1. A fire or increased well temperature.

The owner or operator shall record instances

when positive pressure occurs in efforts to

avoid a fire. These records shall be submitted with the annual reports as provided in

paragraph (8)(F)1. of this rule;

2. Use of a geomembrane or synthetic

cover. The owner or operator shall develop

acceptable pressure limits in the design plan;

and

3. A decommissioned well. A well may

experience a static positive pressure after

shutdown to accommodate for declining

flows. All design changes shall be approved

by the director and EPA;

(C) Operate each interior wellhead in the

collection system with a landfill gas temperature less than fifty-five degrees Celsius (55

°C) and with either a nitrogen level less than

twenty percent (20%) or an oxygen level less

than five percent (5%). The owner or operator may establish a higher operating temperature, nitrogen, or oxygen value at a particular

well. A higher operating value demonstration

shall show supporting data that the elevated

parameter does not cause fires or significantly inhibit anaerobic decomposition by killing

methanogens.

1. The nitrogen level shall be determined using Method 3C of 40 CFR 60,

Appendix A unless an alternative test method

is established as allowed by subparagraph

(3)(B)2.A. of this rule.

2. Unless an alternative test method is

established as allowed by subparagraph

(3)(B)2.A. of this rule, the oxygen shall be

determined by an oxygen meter using Method

3A or 3C of 40 CFR 60, Appendix A except

that—

A. The span shall be set so that the

regulatory limit is between twenty and fifty

percent (20%–50%) of the span;

B. A data recorder is not required;

C. Only two (2) calibration gases are

required, a zero (0) and span, and ambient air

may be used as the span;

D. A calibration error check is not

required; and

E. The allowable sample bias, zero

(0) drift, and calibration drift are plus or

minus ten percent (±10%);

(D) Operate the collection system so that

the methane concentration is less than five

hundred (500) parts per million above background at the surface of the landfill. To determine if this level is exceeded, the owner or

operator shall conduct surface testing around

the perimeter of the collection area along a

pattern that traverses the landfill at thirty

(30)-meter intervals and where visual observations indicate elevated concentrations of

landfill gas, such as distressed vegetation and

cracks or seeps in the cover. The owner or

operator may establish an alternative traversing pattern that ensures equivalent coverage.

A surface monitoring design plan shall be

developed that includes a topographical map

with the monitoring route and the rationale

for any site-specific deviations from the thirty (30)-meter intervals. Areas with steep

slopes or other dangerous areas may be

excluded from the surface testing;

(E) Operate the system such that all collected gases are vented to a control system

designed and operated in compliance with

subparagraph (3)(B)2.C. of this rule. In the

event the collection or control system is inoperable, the gas mover system shall be shut

down and all valves in the collection and control system contributing to venting of the gas

to the atmosphere shall be closed within one

(1) hour;

(F) Operate the control or treatment system

at all times when the collected gas is routed

to the system; and

(G) If monitoring demonstrates that the

operational requirements in subsection

(4)(B), (C), or (D) of this rule are not met,

corrective action shall be taken as specified in

paragraphs (6)(A)3. through 5. or subsection

(6)(C) of this rule. If corrective actions are

taken as specified in section (6) of this rule,

the monitored exceedance is not a violation of

the operational requirements in this section.

(5) Test Methods and Procedures.

(A) NMOC Emission Rate Calculation.

1. The landfill owner or operator shall

calculate the NMOC emission rate using

either the equation provided in subparagraph

(5)(A)1.A. of this rule or the equation provided in subparagraph (5)(A)1.B. of this rule.

Both equations may be used if the actual

year-to-year solid waste acceptance rate is

known, as specified in subparagraph

(5)(A)1.A. of this rule, for part of the life of

the landfill and the actual year-to-year solid

waste acceptance rate is unknown, as specified in subparagraph (5)(A)1.B., for part of

the life of the landfill. The values to be used

in both equations are 0.05 per year for k, 170

cubic meters per megagram for Lo, and 4,000

parts per million by volume as hexane for the

CNMOC. For landfills located in geographical

areas with a thirty (30)-year annual average

precipitation of less than twenty-five inches

(25"), as measured at the nearest representative official meteorologic site, the k value to

be used is 0.02 per year.

A. The following equation shall be

used if the actual year-to-year solid waste

acceptance rate is known. The mass of nondegradable solid waste may be subtracted

from the total mass of solid waste in a particular section of the landfill when calculating

the value for Mi if documentation of the

nature and amount of such wastes is maintained.

n

MNMOC = ∑ 2kLoMi

(e-kti) (CNMOC) (3.6 × 10-9)

i=1

where,

MNMOC = Total NMOC emission rate

from the landfill, megagrams

per year

k = methane generation rate constant, year-1

Lo = methane generation potential, cubic meters per megagram solid waste

Mi = mass of solid waste in the ith

section, megagrams

t

i = age of the ith section, years

CNMOC = concentration of NMOC,

parts per million by volume

as hexane

3.6 × 10-9 = conversion factor

B. The following equation shall be used

if the actual year-to-year solid waste acceptance rate is unknown. The mass of nondegradable solid waste may be subtracted

from the average annual acceptance rate when

calculating a value for R if documentation is

provided.

MNMOC = 2Lo R (e-kc − e-kt) (CNMOC)

(3.6 × 10-9) 

where,

MNMOC = mass emission rate of

NMOC, megagrams per

year

Lo = methane generation potential, cubic meters per megagram solid waste

R = average annual acceptance

rate, megagrams per year

k = methane generation rate constant, year-1

c = time since closure, years (for

active landfill c = 0 and e-kc

= 1)

t = age of landfill, years

CNMOC = concentration of NMOC,

parts per million by volume 

as hexane

3.6 × 10-9 = conversion factor

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 77

Secretary of State
2. Tier 1. The owner or operator shall

compare the calculated NMOC mass emission rate to the standard of twenty-five (25)

megagrams per year.

A. If the NMOC emission rate calculated in paragraph (5)(A)1. of this rule is less

than twenty-five (25) megagrams per year,

then the landfill owner shall submit an emission rate report as provided in paragraph

(8)(B)1. of this rule and shall recalculate the

NMOC mass emission rate annually as

required under paragraph (3)(B)1. of this

rule.

B. If the calculated NMOC emission

rate is equal to or greater than twenty-five

(25) megagrams per year, then the landfill

owner shall either comply with paragraph

(3)(B)2. of this rule, or determine a site-specific NMOC concentration and recalculate

the NMOC emission rate using the procedures provided in paragraph (5)(A)3. of this

rule.

3. Tier 2. The landfill owner or operator

shall determine the NMOC concentration

using the following sampling procedure. The

landfill owner or operator shall install at least

two (2) sample probes per hectare of landfill

surface that has retained solid waste for at

least two (2) years. If the landfill is larger

than twenty-five (25) hectares in area, only

fifty (50) samples are required. The sample

probes shall be located to avoid known areas

of nondegradable solid waste. The owner or

operator shall collect and analyze one (1)

sample of landfill gas from each probe to

determine the NMOC concentration using

Method 25 or 25C of 40 CFR 60, Appendix

A. Method 18 of 40 CFR 60, Appendix A

may be used to analyze the samples collected

by the Method 25 or 25C sampling procedure. Taking composite samples from different probes into a single cylinder is allowed;

however, equal sample volumes must be taken

from each probe. For each composite, the

sampling rate, collection times, beginning

and ending cylinder vacuums, or alternative

volume measurements must be recorded to

verify that composite volumes are equal.

Composite sample volumes should not be less

than one (1) liter unless evidence can be provided to substantiate the accuracy of smaller

volumes. Terminate compositing before the

cylinder approaches ambient pressure where

measurement accuracy diminishes. If using

Method 18 of 40 CFR 60, Appendix A, the

minimum list of compounds to be tested shall

be those published in AP-42, minus carbon

monoxide, hydrogen sulfide, and mercury. As

a minimum, the instrument must be calibrated for each of the compounds on the list.

Convert the concentration of each Method 18

compound to CNMOC as hexane by multiplying by the ratio of its carbon atoms divided by

six (6). If more than the required number of

samples are taken, all samples shall be used

in the analysis. The landfill owner or operator must divide the NMOC concentration

from Method 25 or 25C of 40 CFR 60,

Appendix A by six (6) to convert from

CNMOC as carbon to CNMOC as hexane. If the

landfill has an active or passive gas removal

system in place, Method 25 or 25C samples

may be collected from these systems instead

of surface probes provided the removal system can be shown to provide sampling as representative as the two (2) sampling probe per

hectare requirement. For active collection

systems, samples may be collected from the

common header pipe before the gas moving

or condensate removal equipment. For these

systems, a minimum of three (3) samples

must be collected from the header pipe.

A. The landfill owner or operator

shall recalculate the NMOC mass emission

rate using the equations provided in subparagraph (5)(A)1.A. or B. of this rule and using

the average NMOC concentration from the

collected samples instead of the default value

in the equation provided in paragraph

(5)(A)1. of this rule.

B. If the resulting NMOC mass emission rate is less than twenty-five (25) megagrams per year, the owner or operator shall

submit an emission rate report as required

under paragraph (8)(B)1. of this rule and

retest the site-specific NMOC concentration

every five (5) years using the methods specified in this section.

C. If the resulting mass emission rate

calculated using the site-specific NMOC concentration is equal to or greater than twentyfive (25) megagrams per year, then the landfill owner or operator shall either comply

with paragraph (3)(B)2.of this rule, or determine the site-specific methane generation rate

constant and recalculate the NMOC emission

rate using the site-specific methane generation rate using the procedure specified in

paragraph (5)(A)4. of this rule.

4. Tier 3. The site-specific methane generation rate constant shall be determined

using the procedures provided in Method 2E

of 40 CFR 60, Appendix A. The landfill

owner or operator shall estimate the NMOC

mass emission rate using the equations in

subparagraph (5)(A)1.A. or B. of this rule

using a site-specific methane generation rate

constant k, and using the site-specific NMOC

concentration as determined in paragraph

(5)(A)3. of this rule instead of the default values provided in paragraph (5)(A)1. of this

rule. The landfill owner or operator shall

compare the resulting NMOC mass emission

rate to the standard of twenty-five (25) megagrams per year.

A. If the NMOC mass emission rate

is less than twenty-five (25) megagrams per

year, then the owner or operator shall submit

a periodic emission rate report as provided in

paragraph (8)(B)1. of this rule and shall

recalculate the NMOC mass emission rate

annually, as provided in paragraph (8)(B)1. of

this rule using the equations in paragraph

(5)(A)1. of this rule and using the site-specific methane generation rate constant and

NMOC concentration obtained in paragraph

(5)(A)3. of this rule. The calculation of the

methane generation rate constant is performed only once, and the value obtained

shall be used in all subsequent annual NMOC

emission rate calculations.

B. If the NMOC mass emission rate

as calculated using the site-specific methane

generation rate and concentration of NMOC

is equal to or greater than twenty-five (25)

megagrams per year, the owner or operator

shall comply with paragraph (3)(B)2. of this

rule.

5. The owner or operator may use other

methods to determine the NMOC concentration or a site-specific k as an alternative to

the methods required in paragraphs (5)(A)3.

and 4. of this rule if the method has been

approved by the director and EPA.

(B) After the installation of a collection

and control system in compliance with section (6) of this rule, the owner or operator

shall calculate the NMOC emission rate for

purposes of determining when the system can

be removed as provided in subparagraph

(3)(B)2.E. of this rule, using the following

equation:

MNMOC = (1.89 × 10-3) (QLFG) (CNMOC)

where,

MNMOC = mass emission rate of

NMOC, megagrams per year

QLFG = flow rate of landfill gas,

cubic meters per minute

CNMOC = NMOC concentration, parts

per million by volume as

hexane

1. The flow rate of landfill gas, QLFG,

shall be determined by measuring the total

landfill gas flow rate at the common header

pipe that leads to the control device using a

gas flow measuring device calibrated according to the provisions of section 4 of Method

2E of 40 CFR 60, Appendix A.

2. The average NMOC concentration,

CNMOC, shall be determined by collecting and

analyzing landfill gas sampled from the common header pipe before the gas moving or

78 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

condensate removal equipment using the procedures in Method 25C or Method 18 of 40

CFR 60, Appendix A. If using Method 18,

the minimum list of compounds to be tested

shall be those published in AP-42. The sample location on the common header pipe shall

be before any condensate removal or other

gas refining units. The landfill owner or

operator shall divide the NMOC concentration from Method 25C by six (6) to convert

from CNMOC as carbon to CNMOC as hexane. 

3. The owner or operator may use

another method to determine landfill gas flow

rate and NMOC concentration if the method

has been approved by the director and EPA as

provided in part (3)(B)2.A.(II) of this rule. 

(C) When calculating emissions for prevention of significant deterioration (PSD)

purposes, the owner or operator of each

MSW landfill subject to the provisions of this

rule shall estimate the NMOC emission rate

for comparison to the PSD major source and

significance levels in 40 CFR 51.166 or

52.21 using AP-42 or other approved measurement procedures. 

(D) For the performance test required in

part (3)(B)2.C.(II) of this rule, Method 25,

25C, or Method 18 of 40 CFR 60, Appendix

A shall be used to determine compliance with

ninety-eight (98) weight-percent efficiency or

the twenty parts per million by volume (20

ppmv) outlet concentration level, unless

another method to demonstrate compliance

has been approved by the director and EPA as

provided by part (3)(B)2.A.(II) of this rule.

Method 3 or 3A of 40 CFR 60, Appendix A

shall be used to determine oxygen for correcting the NMOC concentration as hexane to

three percent (3%). In cases where the outlet

concentration is less than fifty (50) ppm

NMOC as carbon (eight (8) ppm NMOC as

hexane), Method 25A of 40 CFR 60,

Appendix A should be used in place of

Method 25. If using Method 18, the minimum list of compounds to be tested shall be

those published in AP-42. The following

equation shall be used to calculate efficiency:

Control Efficiency = (NMOCin −

NMOCout)/(NMOCin)

where,

NMOCin = mass of NMOC entering

control device

NMOCout = mass of NMOC exiting

control device

(E) For the performance test required in

part (3)(B)2.C.(I) of this rule, the net heating

value of the combusted landfill gas as determined in 40 CFR 60.18(f)(3) is calculated

from the concentration of methane in the

landfill gas as measured by Method 3C of 40

CFR 60, Appendix A. A minimum of three

(3) thirty (30)-minute Method 3C samples are

determined. The measurement of other

organic components, hydrogen, and carbon

monoxide is not applicable. Method 3C may

be used to determine the landfill gas molecular weight for calculating the flare gas exit

velocity under 40 CFR 60.18(f)(4).

(6) Compliance Provisions.

(A) Except as provided for in part

(3)(B)2.A.(II) of this rule, the following

methods shall be used to determine whether

the gas collection system is in compliance:

1. One of the following equations shall

be used in calculating the maximum expected

gas generation flow rate from the landfill as

described in subpart (3)(B)2.B.(I)(a) of this

rule. The k and Lo kinetic factors shall be

those published in AP-42 or other site-specific values demonstrated to be appropriate and

approved in writing by the director and EPA.

If k has been determined as specified in paragraph (5)(A)4. of this rule, the value of k

determined from the test shall be used. A

value of no more than fifteen (15) years shall

be used for the intended use period of the gas

mover equipment. The active life of the landfill is the age of the landfill plus the estimated number of years until closure. After installation of a collection and control system,

actual flow data shall be used to project the

maximum flow rate.

A. For sites with unknown year-toyear solid waste acceptance rate—

Qm=2Lo R (e-kc − e-kt)

where,

Qm = maximum expected gas generation flow rate, cubic

meters per year

Lo = methane generation potential, cubic meters per megagram solid waste

R = average annual acceptance

rate, megagrams per year

k = methane generation rate constant, year-1

c = time since closure, years (for

an active landfill c = 0 and

e-kc = 1)

t = age of the landfill at equipment installation plus the

time the owner or operator

intends to use the gas mover

equipment or active life of

the landfill, whichever is 

less. If the equipment is installed after closure, t is the

age of the landfill at installation, years

B. For sites with known year-to-year

solid waste acceptance rate—

n

Qm = ∑ 2 k Lo Mi (e-kti)

i=1

where,

Qm = maximum expected gas generation flow rate, cubic 

meters per year

k = methane generation rate constant, year-1

Lo = methane generation potential,

cubic meters per megagram 

solid waste

Mi = mass of solid waste in the ith

section, megagrams

t

i = age of the ith section, years

C. If a collection and control system

has been installed, actual flow data may be

used to project the maximum expected gas

generation flow rate instead of, or in conjunction with, the equations in subparagraphs

(6)(A)1.A. and B. of this rule. If the landfill

is still accepting waste, the actual measured

flow data will not equal the maximum expected gas generation rate, so calculations using

the equations in subparagraphs (6)(A)1.A. or

B. of this rule or other methods shall be used

to predict the maximum expected gas generation rate over the intended period of use of

the gas control system equipment;

2. For the purposes of determining sufficient density of gas collectors for compliance with subpart (3)(B)2.B.(I)(b) of this

rule, the owner or operator shall design a system of vertical wells, horizontal collectors, or

other collection devices, satisfactory to the

director, capable of controlling and extracting

gas from all portions of the landfill sufficient

to meet all operational and performance standards;

3. For the purposes of demonstrating

whether the gas collection system flow rate is

sufficient to determine compliance with subpart (3)(B)2.B.(I)(c) of this rule, the owner or

operator shall measure gauge pressure in the

gas collection header at each individual well,

monthly. If a positive pressure exists, action

shall be initiated to correct the exceedance

within five (5) calendar days, except for the

three (3) conditions allowed under subsection

(4)(B) of this rule. If negative pressure cannot be achieved without excess air infiltration

within fifteen (15) calendar days of the first

measurement, the gas collection system shall

be expanded to correct the exceedance within

one hundred twenty (120) days of the initial

measurement of positive pressure. Any

attempted corrective measure shall not cause

exceedances of other operational or performance standards. An alternative timeline for

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 79

Secretary of State
correcting the exceedance may be submitted

to the director for approval;

4. Owners or operators are not required

to expand the system as required in paragraph

(6)(A)3. of this rule during the first one hundred eighty (180) days after gas collection

system start-up; 

5. For the purpose of identifying

whether excess air infiltration into the landfill

is occurring, the owner or operator shall

monitor each well monthly for temperature

and nitrogen or oxygen as provided in subsection (4)(C) of this rule. If a well exceeds

one (1) of these operating parameters, action

shall be initiated to correct the exceedance

within five (5) calendar days. If correction of

the exceedance cannot be achieved within fifteen (15) calendar days of the first measurement, the gas collection system shall be

expanded to correct the exceedance within

one hundred twenty (120) days of the initial

exceedance. Any attempted corrective measure shall not cause exceedances of other

operational or performance standards. An

alternative timeline for correcting the

exceedance may be submitted to the director

for approval; and

6. An owner or operator seeking to

demonstrate compliance with subpart

(3)(B)2.B.(I)(d) of this rule through the use of

a collection system not conforming to the

specifications provided in section (10) of this

rule shall provide information satisfactory to

the director and EPA as specified in part

(3)(B)2.A.(III) of this rule demonstrating that

off-site migration is being controlled.

(B) For purposes of compliance with subsection (4)(A) of this rule, each owner or

operator of a controlled landfill shall place

each well or design component as specified in

the approved design plan as provided in subparagraph (3)(B)2.A. of this rule. Each well

shall be installed no later than sixty (60) days

of the date in which the initial solid waste has

been in place for a period of—

1. Five (5) years or more if active; or

2. Two (2) years or more if closed or at

final grade. 

(C) The following procedures shall be used

for compliance with the surface methane

operational standard as provided in subsection (4)(D) of this rule:

1. After installation of the collection

system, the owner or operator shall monitor

surface concentrations of methane along the

entire perimeter of the collection area and

along a pattern that traverses the landfill at

thirty (30)-meter intervals (or a site-specific

established spacing) for each collection area

on a quarterly basis using an organic vapor

analyzer, flame ionization detector, or other

portable monitor meeting the specification

provided in subsection (6)(D) of this rule.

2. The background concentration shall

be determined by moving the probe inlet

upwind and downwind outside the boundary

of the landfill at a distance of at least thirty

(30) meters from the perimeter wells.

3. Surface emission monitoring shall be

performed in accordance with section 4.3.1

of Method 21 of 40 CFR 60, Appendix A,

except that the probe inlet shall be placed

within five to ten centimeters (5–10 cm) of

the ground. Monitoring shall be performed

during typical meteorological conditions.

4. Any reading of five hundred parts per

million (500 ppm) or more above background

at any location shall be recorded as an

exceedance and the actions specified in subparagraphs (6)(C)4.A. through E. of this rule

shall be taken. As long as the specified

actions are taken, the exceedance is not a violation of the operational requirements of subsection (4)(D) of this rule.

A. The location of each monitored

exceedance shall be marked, and the location

recorded.

B. Cover maintenance or adjustments

to the vacuum of the adjacent wells to

increase the gas collection in the vicinity of

each exceedance shall be made, and the location shall be remonitored within ten (10) calendar days of detecting the exceedance.

C. If the remonitoring of the location

shows a second exceedance, additional corrective action shall be taken, and the location

shall be monitored again within ten (10) days

of the second exceedance. If the remonitoring

shows a third exceedance for the same location, the action specified in subparagraph

(6)(C)4.E. of this rule shall be taken, and no

further monitoring of that location is required

until the action specified in subparagraph

(6)(C)4.E. of this rule has been taken.

D. Any location that initially showed

an exceedance but has a methane concentration less than five hundred parts per million

(500 ppm) methane above background at the

ten (10)-day remonitoring specified in subparagraph (6)(C)4.B. or C. of this rule shall

be remonitored one (1) month from the initial

exceedance. If the one (1)-month remonitoring shows a concentration less than five hundred parts per million (500 ppm) above background, no further monitoring of that location is required until the next quarterly monitoring period. If the one (1)-month remonitoring shows an exceedance, the actions specified in subparagraph (6)(C)4.C. or E. of this

rule shall be taken.

E. When any location equals or

exceeds five hundred parts per million (500

ppm) methane above background three (3)

times within a quarterly period, a new well or

other collection device shall be installed

within one hundred twenty (120) calendar

days of the initial exceedance. An alternative

remedy to the exceedance, such as upgrading

the blower, header pipes, or control device,

and a corresponding time line for installation

may be submitted to the director for written

approval.

5. The owner or operator shall implement a program to monitor for cover integrity and implement cover repairs as necessary

on a monthly basis. 

(D) Each owner or operator seeking to

comply with the provisions in subsection

(6)(C) of this rule shall comply with the following instrumentation specifications and

procedures for surface emission monitoring

devices: 

1. The portable analyzer shall meet the

instrument specifications provided in section

3 of Method 21 of 40 CFR 60, Appendix A,

except that “methane” shall replace all references to VOC;

2. The calibration gas shall be methane,

diluted to a nominal concentration of five

hundred parts per million (500 ppm) in air;

3. To meet the performance evaluation

requirements in section 3.1.3 of Method 21

of 40 CFR 60, Appendix A, the instrument

evaluation procedures of section 4.4 of

Method 21 shall be used; and

4. The calibration procedures provided

in section 4.2 of Method 21 of 40 CFR 60,

Appendix A shall be followed immediately

before commencing a surface monitoring survey. 

(E) The provisions of this rule apply at all

times, except during periods of start-up, shutdown, or malfunction, provided that the duration of start-up, shutdown, or malfunction

shall not exceed five (5) days for collection

systems and shall not exceed one (1) hour for

treatment or control devices.

(7) Monitoring of Operations. Except as provided in part (3)(B)2.A.(II) of this rule—

(A) Each owner or operator seeking to

comply with part (3)(B)2.B.(I) of this rule for

an active gas collection system shall install a

sampling port and a thermometer or other

temperature measuring device, or an access

port for temperature measurements at each

wellhead and—

1. Measure the gauge pressure in the gas

collection header on a monthly basis as provided in paragraph (6)(A)3. of this rule;

2. Monitor the nitrogen or oxygen concentration in the landfill gas on a monthly

basis as provided in paragraph (6)(A)5. of

this rule; and

80 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

3. Monitor the temperature of the landfill gas on a monthly basis as provided in

paragraph (6)(A)5. of this rule.

(B) Each owner or operator seeking to

comply with subparagraph (3)(B)2.C. of this

rule using an enclosed combustion device

shall calibrate, maintain, and operate according to the manufacturer’s specifications, the

following equipment:

1. A temperature monitoring device

equipped with a continuous recorder and having a minimum accuracy of plus or minus one

percent (± 1%) of the temperature being

measured expressed in degrees Celsius or

plus or minus one-half degree Celsius (±

0.5°C), whichever is greater. A temperature

monitoring device is not required for boilers

or process heaters with maximum design heat

input capacity equal to or greater than fortyfour (44) megawatts; and

2. A device that records flow to or

bypass of the control device. The owner or

operator shall either—

A. Install, calibrate, and maintain a

gas flow rate measuring device that shall

record the flow to the control device at least

every fifteen (15) minutes; or

B. Secure the bypass line valve in the

closed position with a car-seal or a lock-andkey type configuration. A visual inspection of

the seal or closure mechanism shall be performed at least once every month to ensure

that the valve is maintained in the closed

position and that the gas flow is not diverted

through the bypass line.

(C) Each owner or operator seeking to

comply with subparagraph (3)(B)2.C. of this

rule using an open flare shall install, calibrate, maintain, and operate according to the

manufacturer’s specifications the following

equipment:

1. A heat sensing device, such as an

ultraviolet beam sensor or thermocouple, at

the pilot light or the flame itself to indicate

the continuous presence of a flame; and

2. A device that records flow to or

bypass of the flare. The owner or operator

shall either—

A. Install, calibrate, and maintain a

gas flow rate measuring device that shall

record the flow to the control device at least

every fifteen (15) minutes; or

B. Secure the bypass line valve in the

closed position with a car-seal or a lock-andkey type configuration. A visual inspection of

the seal or closure mechanism shall be performed at least once every month to ensure

that the valve is maintained in the closed

position and that the gas flow is not diverted

through the bypass line.

(D) Each owner or operator seeking to

comply with subparagraph (3)(B)2.C. of this

rule using a device other than an open flare

or an enclosed combustion device shall provide information satisfactory to the director

as provided in part (3)(B)2.A.(II) of this rule

describing the operation of the control

device, the operating parameters that would

indicate proper performance, and appropriate

monitoring procedures. The director shall

review the information and either approve it

or request that additional information be submitted. The director may specify additional

appropriate monitoring procedures.

(E) Each owner or operator seeking to

install a collection system that does not meet

the specifications in section (10) of this rule

or seeking to monitor alternative parameters

to those required by sections (4) through (7)

of this rule shall provide information satisfactory to the director as provided in parts

(3)(B)2.A.(II) and (III) of this rule describing

the design and operation of the collection system, the operating parameters that would

indicate proper performance, and appropriate

monitoring procedures. The director may

specify additional appropriate monitoring

procedures.

(F) Each owner or operator seeking to

comply with subsection (6)(C) of this rule

shall monitor surface concentrations of

methane according to the instrument specifications and procedures provided in subsection (6)(D) of this rule. Any closed landfill

that has no monitored exceedances of the

operational standard in three (3) consecutive

quarterly monitoring periods may skip to

annual monitoring. Any methane reading of

five hundred parts per million (500 ppm) or

more above the background detected during

the annual monitoring returns the monitoring

frequency to quarterly monitoring.

(8) Reporting Requirements. Except as provided in part (3)(B)2.A.(II) of this rule—

(A) Each owner or operator subject to the

requirements of this rule shall submit an initial design capacity report to the director.

1. The initial design capacity report

shall be submitted ninety (90) days from the

rule effective date.

2. The initial design capacity report

shall contain the following information: 

A. A map or plot of the landfill, providing the size and location of the landfill,

and identifying all areas where solid waste

may be landfilled according to the provision

of the state, local, tribal, or Resource

Conservation and Recovery Act (RCRA) construction or operating permit; and

B. The maximum design capacity of

the landfill. Where the maximum design

capacity is specified in the state or local construction or RCRA permit, a copy of the permit specifying the maximum design capacity

may be submitted as part of the report. If the

maximum design capacity of the landfill is

not specified in the permit, the maximum

design capacity shall be calculated using

good engineering practices. The calculations

shall be provided, along with relevant parameters as part of the report. The director may

request other information as may be necessary to verify the maximum design capacity

of the landfill.

3. An amended design capacity report

shall be submitted to the director providing

notification of any increase in the design

capacity of the landfill, whether the increase

results from an increase in the permitted area

or depth of the landfill, a change in the operating procedures, or any other means which

results in an increase in the maximum design

capacity of the landfill above one (1.0) million megagrams and one (1.0) million cubic

meters. The amended design capacity report

shall be submitted within ninety (90) days of

the issuance of an amended construction or

operating permit, or the placement of waste

in additional land, or the change in operating

procedures which will result in an increase in

maximum design capacity, whichever occurs

first.

(B) Each owner or operator subject to the

requirements of this rule shall submit an

NMOC emission rate report to the director

initially and annually thereafter, except as

provided for in subparagraph (8)(B)1.B. or

paragraph (8)(B)3. of this rule. The director

may request such additional information as

may be necessary to verify the reported

NMOC emission rate.

1. The NMOC emission rate report shall

contain an annual or five (5)-year estimate of

the NMOC emission rate calculated using the

formula and procedures provided in subsection (5)(A) or (B) of this rule, as applicable.

A. The initial NMOC emission rate

report shall be submitted within ninety (90)

days of the rule effective date and may be

combined with the initial design capacity

report required in subsection (8)(A) of this

rule. Subsequent NMOC emission rate

reports shall be submitted annually thereafter,

except as provided for in subparagraph

(8)(B)1.B. and paragraph (8)(B)3. of this

rule.

B. If the estimated NMOC emission

rate as reported in the annual report to the

director is less than twenty-five (25) megagrams per year in each of the next five (5)

consecutive years, the owner or operator may

elect to submit an estimate of the NMOC

emission rate for the next five (5)-year period

in lieu of the annual report. This estimate

shall include the current amount of solid

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 81

Secretary of State
waste-in-place and the estimated waste acceptance rate for each year of the five (5) years

for which an NMOC emission rate is estimated. All data and calculations upon which

this estimate is based shall be provided to the

director. This estimate shall be revised at

least once every five (5) years. If the actual

waste acceptance rate exceeds the estimated

waste acceptance rate in any year reported in

the five (5)-year estimate, a revised five (5)-

year estimate shall be submitted to the director. The revised estimate shall cover the five

(5)-year period beginning with the year in

which the actual waste acceptance rate

exceeded the estimated waste acceptance rate. 

2. The NMOC emission rate report shall

include all the data, calculations, sample

reports, and measurements used to estimate

the annual or five (5)-year emissions. 

3. Each owner or operator subject to the

requirements of this rule is exempted from

the requirements of paragraphs (8)(B)1. and

2. of this rule after the installation of a collection and control system in compliance with

paragraph (3)(B)2. of this rule, during such

time as the collection and control system is in

operation and in compliance with sections (4)

and (6) of this rule. 

(C) Each owner or operator subject to subparagraph (3)(B)2.A. of this rule shall submit

a collection and control system design plan to

the director within one (1) year of the NMOC

emission rate report, required under subsection (8)(B) of this rule, in which the emission

rate equals or exceeds twenty-five (25) megagrams per year, except as follows:

1. If the owner or operator elects to

recalculate the NMOC emission rate after

Tier 2 NMOC sampling and analysis as provided under paragraph (5)(A)3. of this rule

and the resulting rate is less than twenty-five

(25) megagrams per year, annual periodic

reporting shall be resumed, using the Tier 2

determined site-specific NMOC concentration, until the calculated emission rate is

equal to or greater than twenty-five (25)

megagrams per year or the landfill is closed.

The revised NMOC emission rate report,

with the recalculated emission rate based on

NMOC sampling and analysis, shall be submitted within one hundred eighty (180) days

of the first calculated exceedance of twentyfive (25) megagrams per year; and

2. If the owner or operator elects to

recalculate the NMOC emission rate after

determining a site-specific methane generation rate constant (k), as provided in Tier 3 in

paragraph (5)(A)4. of this rule and the resulting NMOC emission rate is less than twentyfive (25) megagrams per year, annual periodic reporting shall be resumed. The resulting

site-specific methane generation rate constant

(k) shall be used in the emission rate calculation until such time as the emission rate calculation results in an exceedance. The revised

NMOC emission rate report, with the sitespecific methane generation rate constant (k)

shall be submitted to the director within one

(1) year of the first calculated emission rate

exceeding twenty-five (25) megagrams per

year.

(D) Each owner or operator of a controlled

landfill shall submit a closure report to the

director within thirty (30) days of the date the

landfill ceases accepting solid waste. The

director may request additional information

as may be necessary to verify that permanent

closure has taken place in accordance with

the requirements of 40 CFR 258.60. If a closure report has been submitted to the director, no additional wastes may be placed into

the landfill without filing a notification of

modification as described under 40 CFR

60.7(a)(4).

(E) Each owner or operator of a controlled

landfill shall submit an equipment removal

report to the director thirty (30) days prior to

removal or cessation of operation of the control equipment. The report shall contain all of

the following items:

1. A copy of the closure report;

2. A copy of the initial performance test

report demonstrating that the fifteen (15)-

year minimum control period has expired;

and

3. Dated copies of three (3) successive

NMOC emission rate reports demonstrating

that the landfill is no longer producing twenty-five (25) megagrams or greater of NMOC

per year.

4. The director may request such additional information as may be necessary to

verify that all of the conditions for removal

have been met.

(F) Each owner or operator of a landfill

seeking to comply with paragraph (3)(B)2. of

this rule using an active collection system

designed in accordance with subparagraph

(3)(B)2.B. of this rule shall submit to the

director annual reports of the recorded information in paragraphs (8)(F)1. through 6. of

this rule. The initial annual report shall be

submitted within one hundred eighty (180)

days of installation and start-up of the collection and control system and shall include an

initial performance test report required under

40 CFR 60.8. For enclosed combustion

devices and flares, reportable exceedances

are defined under subsection (9)(C) of this

rule.

1. Value and length of time for

exceedance of applicable parameters monitored under subsections (7)(A), (B), (C), and

(D) of this rule.

2. Description and duration of all periods when the gas stream is diverted from the

control device through a bypass line or the

indication of bypass flow. 

3. Description and duration of all periods when the control device was not operating for a period exceeding one (1) hour and

length of time the control device was not

operating. 

4. All periods when the collection system was not operating in excess of five (5)

days. 

5. The location of each exceedance of

the five hundred parts per million (500 ppm)

methane concentration as provided in subsection (4)(D) of this rule and the concentration

recorded at each location for which an

exceedance was recorded in the previous

month. 

6. The date of installation and the location of each well or collection system expansion added.

(G) Each owner or operator seeking to

comply with subparagraph (3)(B)2.A. of this

rule shall include the following information

with the initial performance test report

required under 40 CFR 60.8:

1. A diagram of the collection system

showing collection system positioning including all wells, horizontal collectors, surface

collectors, or other gas extraction devices,

including the locations of any areas excluded

from collection and the proposed sites for the

future collection system expansion;

2. The data upon which the sufficient

density of wells, horizontal collectors, surface collectors, or other gas extraction

devices and the gas mover equipment sizing

are based;

3. The documentation of the presence of

asbestos or nondegradable material for each

area from which collection wells have been

excluded based on the presence of asbestos or

nondegradable material;

4. The sum of the gas generation flow

rates for all areas from which collection wells

have been excluded based on nonproductivity

and the calculations of gas generation flow

rate for each excluded area; 

5. The provisions for increasing gas

mover equipment capacity with increased gas

generation flow rate, if the present gas mover

equipment is inadequate to move the maximum flow rate expected over the life of the

landfill; and

6. The provisions for the control of offsite migration.

(9) Record-Keeping Requirements. Except as

provided in part (3)(B)2.A.(II) of this rule—

(A) Each owner or operator of an MSW

landfill subject to the provisions of subsection

82 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

(3)(B) of this rule shall keep for at least five

(5) years up-to-date, readily accessible, onsite records of the design capacity report

which triggered subsection (3)(B) of this rule,

the current amount of solid waste-in-place,

and the year-by-year waste acceptance rate. A

longer period is acceptable if records are

needed for an unresolved enforcement action.

Records may be maintained off-site if they

are retrievable within four (4) hours. Either

paper copy or electronic formats are acceptable;

(B) Each owner or operator of a controlled

landfill shall keep up-to-date, readily accessible records for the life of the control equipment of the data listed in paragraphs (9)(B)1.

through 4. of this rule as measured during the

initial performance test or compliance determination. Records of subsequent tests or

monitoring shall be maintained for a minimum of five (5) years. Records of the control

device vendor specifications shall be maintained until removal. 

1. Where an owner or operator subject

to the provisions of this rule seeks to demonstrate compliance with subparagraph

(3)(B)2.B. of this rule—

A. The maximum expected gas generation flow rate as calculated in paragraph

(6)(A)1. of this rule. The owner or operator

may use another method to determine the

maximum gas generation flow rate, if the

method has been approved by the director and

EPA; and

B. The density of wells, horizontal

collectors, surface collectors, or other gas

extraction devices determined using the procedures specified in paragraph (10)(A)1. of

this rule.

2. Where an owner or operator subject

to the provisions of this rule seeks to demonstrate compliance with subparagraph

(3)(B)2.C. of this rule through use of an

enclosed combustion device other than a boiler or process heater with a design heat input

capacity equal to or greater than forty-four

(44) megawatts— 

A. The average combustion temperature measured at least every fifteen (15) minutes and averaged over the same time period

of the performance test; and

B. The percent reduction of NMOC

determined as specified in part (3)(B)2.C.(II)

of this rule achieved by the control device. 

3. Where an owner or operator subject

to the provisions of this rule seeks to demonstrate compliance with subpart

(3)(B)2.C.(II)(a) of this rule through use of a

boiler or process heater of any size—a

description of the location at which the collected gas vent stream is introduced into the

boiler or process heater over the same time

period of the performance testing. 

4. Where an owner or operator subject

to the provisions of this rule seeks to demonstrate compliance with part (3)(B)2.C.(I) of

this rule through use of an open flare, the

flare type (that is, steam-assisted, air-assisted, or nonassisted), all visible emission readings, heat content determination, flow rate or

bypass flow rate measurements, and exit

velocity determinations made during the performance test as specified in 40 CFR 60.18;

continuous records of the flare pilot flame or

flare flame monitoring and records of all

periods of operations during which the pilot

flame of the flare flame is absent;

(C) Each owner or operator of a controlled

landfill subject to the provisions of this rule

shall keep for five (5) years up-to-date, readily accessible continuous records of the

equipment operating parameters specified to

be monitored in section (7) of this rule as

well as up-to-date, readily accessible records

for periods of operation during which the

parameter boundaries established during the

most recent performance test are exceeded.

1. The following constitute exceedances

that shall be recorded and reported under

subsection (8)(F) of this rule:

A. For enclosed combustors except

for boilers and process heaters with design

heat input capacity of forty-four (44)

megawatts (150 million British thermal units

per hour) or greater, all three (3)-hour periods of operation during which the average

combustion temperature was more than twenty-eight degrees Celsius (28 °C) below the

average combustion temperature during the

most recent performance test at which compliance with subparagraph (3)(B)2.C. of this

rule was determined; and

B. For boilers or process heaters,

whenever there is a change in the location at

which the vent stream is introduced into the

flame zone as required under paragraph

(9)(B)3. of this rule.

2. Each owner or operator subject to the

provisions of this rule shall keep up-to-date,

readily accessible continuous records of the

indication of flow to the control device or the

indication of bypass flow or records of

monthly inspections of car-seals or lock-andkey configurations used to seal bypass lines,

specified under section (7) of this rule. 

3. Each owner or operator subject to the

provisions of this rule who uses a boiler or

process heater with a design heat input capacity of forty-four (44) megawatts or greater to

comply with subparagraph (3)(B)2.C. of this

rule shall keep an up-to-date, readily accessible record of all periods of operation of the

boiler or process heater. (Examples of such

records could include records of steam use,

fuel use, or monitoring data collected pursuant to other state or local regulatory

requirements.)

4. Each owner or operator seeking to

comply with the provisions of this rule by use

of an open flare shall keep up-to-date, readily accessible continuous records of the flame

or flare pilot flame monitoring specified

under subsection (7)(C) of this rule and upto-date, readily accessible records of all periods of operation in which the flame or flare

pilot flame is absent;

(D) Each owner or operator subject to the

provisions of this rule shall keep for the life

of the collection system an up-to-date, readily accessible plot map showing each existing

and planned collector in the system and providing a unique identification location label

for each collector. 

1. Each owner or operator subject to the

provisions of this rule shall keep up-to-date,

readily accessible records of the installation

date and location of all newly installed collectors as specified under subsection (6)(B) of

this rule.

2. Each owner or operator subject to the

provisions of this rule shall keep readily accessible documentation of the nature, date of

deposition, amount, and location of asbestoscontaining or nondegradable waste excluded

from collection as provided in subparagraph

(10)(A)3.A. of this rule as well as any nonproductive areas excluded from collection as

provided in subparagraph (10)(A)3.B. of this

rule;

(E) Each owner or operator subject to the

provisions of this rule shall keep for at least

five (5) years up-to-date, readily accessible

records of all collection and control system

exceedances of the operational standards in

section (4) of this rule, the reading in the subsequent month whether or not the second

reading is an exceedance, and the location of

each exceedance; and

(F) Landfill owners or operators who convert design capacity from volume to mass or

mass to volume to demonstrate that landfill

design capacity is less than one (1.0) million

megagrams or one (1.0) million cubic

meters, as provided in the definition of design

capacity, shall keep readily accessible, on-site

records of the annual recalculation of sitespecific density, design capacity, and the supporting documentation. Off-site records may

be maintained if they are retrievable within

four (4) hours of request. Either paper copy

or electronic formats are acceptable.

(10) Specifications for Active Collection

Systems.

(A) Each owner or operator seeking to comply with subparagraph (3)(B)2.A. of this rule

shall site active collection wells, horizontal

collectors, surface collectors, or other extraction devices at a sufficient density throughout

all gas producing areas using the following

procedures unless alternative procedures have

been approved by the director and EPA as

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 83

Secretary of State
provided in parts (3)(B)2.A.(III) and (IV) of

this rule:

1. The collection devices within the

interior and along the perimeter areas shall

be certified to achieve comprehensive control

of surface gas emissions by a professional

engineer. The following issues shall be

addressed in the design: depths of refuse,

refuse gas generation rates and flow characteristics, cover properties, gas system

expandability, leachate and condensate management, accessibility, compatibility with filling operations, integration with closure end

use, air intrusion control, corrosion resistance, fill settlement, and resistance to the

refuse decomposition heat;

2. The sufficient density of gas collection devices determined in paragraph

(10)(A)1. of this rule shall address landfill

gas migration issues and augmentation of the

collection system through the use of active or

passive systems at the landfill perimeter or

exterior; and

3. The placement of gas collection

devices determined in paragraph (10)(A)1. of

this rule shall control all gas producing areas,

except as provided by subparagraphs

(10)(A)3.A. and B. of this rule.

A. Any segregated area of asbestos or

nondegradable material may be excluded

from collection if documentation is provided

as specified under subsection (9)(D) of this

rule. The documentation shall provide the

nature, date of deposition, location, and

amount of asbestos or nondegradable material deposited in the area and shall be provided

to the director upon request.

B. Any nonproductive area of the

landfill may be excluded from control, provided that the total of all excluded areas can

be shown to contribute less than one percent

(1%) of the total amount of NMOC emissions

from the landfill. The amount, location, and

age of the material shall be documented and

provided to the director upon request. A separate NMOC emissions estimate shall be

made for each section proposed for exclusion, and the sum of all such sections shall be

compared to the NMOC emissions estimate

for the entire landfill. Emissions from each

section shall be computed using the following

equation:

Qi = 2 k Lo Mi (e-kti) (CNMOC) 

(3.6 × 10-9)

where,

Qi = NMOC emission rate from

the ith section, megagrams 

per year

k = methane generation rate constant, year-1

Lo = methane generation potential,

cubic meters per megagram 

solid waste

Mi = mass of the degradable solid

waste in the ith section, megagrams

t

i = age of the solid waste in the

i

th section, years

CNMOC = concentration of nonmethane

organic compands, parts per

million by volume

3.6 × 10-9 = conversion factor

C. The values for k and CNMOC determined in field testing shall be used, if field

testing has been performed in determining the

NMOC emission rate or the radii of influence

(the distance from the well center to a point

in the landfill where the pressure gradient

applied by the blower or compressor

approaches zero). If field testing has not been

performed, the default values for k, Lo, and

CNMOC provided in paragraph (5)(A)1. of this

rule or the alternative values from paragraph

(5)(A)5. of this rule shall be used. The mass

of nondegradable solid waste contained within the given section may be subtracted from

the total mass of the section when estimating

emissions provided the nature, location, age,

and amount of the nondegradable material is

documented as provided in subparagraph

(10)(A)3.A. of this rule.

(B) Each owner or operator seeking to

comply with part (3)(B)2.A.(I) of this rule

shall construct the gas collection devices

using the following equipment or procedures:

1. The landfill gas extraction components shall be constructed of polyvinyl chloride (PVC), high density polyethylene

(HDPE) pipe, fiberglass, stainless steel, or

other nonporous corrosion resistant material

of suitable dimensions to—convey projected

amounts of gases; withstand installation, static, and settlement forces; and withstand

planned overburden or traffic loads. The collection system shall extend as necessary to

comply with emission and migration standards established in this rule. Collection

devices such as wells and horizontal collectors shall be perforated to allow gas entry

without head loss sufficient to impair performance across the intended extent of control.

Perforations shall be situated with regard to

the need to prevent excessive air infiltration;

2. Vertical wells shall be placed so as

not to endanger underlying liners and shall

address the occurrence of water within the

landfill. Holes and trenches constructed for

piped wells and horizontal collectors shall be

of sufficient cross-section so as to allow for

their proper construction and completion

including, for example, centering of pipes

and placement of gravel backfill. Collection

devices shall be designed so as not to allow

indirect short circuiting of air into the cover

or refuse into the collection system or gas

into the air. Any gravel used around pipe perforations should be of a dimension so as not

to penetrate or block perforations; and

3. Collection devices may be connected

to the collection header pipes below or above

the landfill surface. The connector assembly

shall include a positive closing throttle valve,

any necessary seals and couplings, access

couplings, and at least one (1) sampling port.

The collection devices shall be constructed of

PVC, HDPE, fiberglass, stainless steel, or

other nonporous material of suitable thickness.

(C) Each owner or operator seeking to

comply with part (3)(B)2.A.(I) of this rule

shall convey the landfill gas to a control system in compliance with subparagraph

(3)(B)2.C. of this rule through the collection

header pipe(s). The gas mover equipment

shall be sized to handle the maximum gas

generation flow rate expected over the intended use period of the gas moving equipment

using the following procedures:

1. For existing collection systems, the

flow data shall be used to project the maximum flow rate. If no flow data exists, the

procedures in paragraph (10)(C)2. of this rule

shall be used; and

2. For new collection systems, the maximum flow rate shall be in accordance with

paragraph (6)(A)1. of this rule.

AUTHORITY: section 643.050, RSMo Supp.

2011.* Original rule filed May 15, 1996,

effective Dec. 30, 1996. Amended: Filed Oct.

7, 1999, effective July 30, 2000. Amended:

Filed Sept. 26, 2011, effective May 30, 2012.

*Original authority: 643.050, RSMo 1965, amended

1972, transferred from 203.050 in 1986, 1992, 1993,

1995, 2011.

10 CSR 10-5.500 Control of Emissions

From Volatile Organic Liquid Storage

PURPOSE: This rule limits the volatile

organic compound (VOC) emissions from

installations with volatile organic liquid storage vessels by incorporating reasonably

available control technology (RACT) as

required by the Clean Air Act Amendments

(CAAA) of 1990.

PUBLISHER’S NOTE: The secretary of state

has determined that the 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.

Therefore, the material which is so incorporated is on file with the agency who filed this

rule, and with the Office of the Secretary of

State. Any interested person may view this

84 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 10-5.490 (amendment) Municipal Solid Waste Landfills is hereby 

AMENDED by the Missouri Air Conservation Commission this 2nd day of 

February, 2012. 

-~ , Chairman 

)

l(j-;~~.Vice Chairman 

.....-=f 8 "<-"<=-<:"-=--...L.:>...-------:>=---->:Oo .::....1.=.. · ..1.0£.. / __, Member 

~.~/tJL~-L-~~=----- ___'Member

__________________, Member 

__________________, Member 

__________________, Member 
----------

'. " 

PUBLISHER'S AFFIDAVIT 


STATE OF MISSOURI,) 


)ss. 


COUNTY OF COLE) 


Mike Vivion being duly sworn, according to law, says he is Vice President of Central 

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 of Section 493.050 

R.S. of Mo. For 2000 as amended for ___1_t_im_e___ as follows: 

1st insertion, No. ________6_th___ day of ___N_o_v_e_m_b_e_r___, 20 __1_1__ 

2nd insertion, No. __________ day of , 20 ____ 

3rd insertion, No. ___________ day of , 20 ____ 

4th insertion, No. ___________ day of , 20 ____ 

5th insertion, No. ___________ day of , 20 ____ 

Fee: $301.00 lJt;£ /k&. 

10th Subscribed and sworn to before me this 

day of November 20 11 ------~-----, 

furbaJril. ~!ieJiwr. e.tQ BARBARAKLIETHERMES 

Notary Public· State d ~1;' ,'uri P bl' Notary U lC' My Commission EX~i'e" MatCh 3,2013 

ColeCounty 

My Commission #09529328 term as Notary Public expires ____________ 

I ". ,.. \ I .'

.......... 
 '. , I ", 

I • • , • • ,.",' ,,' 
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 industrial 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 SI. 

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 

publio oomment period on a reoent 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 SI. Louis area . 

.. 10 CSR 10-5.130 (amendment) Certain Coals to be Washed 

This proposed amendment will update the area specific indirect heating rule 

referenoes with the new statewide consolidated indirect heating rule 10 CSR 

10-6.405 that became effeotive 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 

referenoes with the new statewide consolidated indirect heating rule 10 CSR 

10-6.405 that beoame effective October 30, 2011. At the same time, this 

rulemaking adds definitions of particulate matter for consistency with a Deoember 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 

referenoes with the new statewide consolidated indirect heating rule 10 CSR 

10-6.405 that beoame 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 rulemaklng 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 

I 	 This proposed amendment will update the rule to maintain consistency with 

the federal emission guidelines for munioipal solid waste landfills, subpart 

Co, that were published in the Federal Register on April 10, 2000, October 

17,2000, and September 21, 2006. These updates corrected typographical 

I and formatting errors and corrected inconsistencies from previous final rufe 

actions. Note that definitions proposed for removal in this rule making 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 

direotly 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 

Seoretary, 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 chapler 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 

oomments 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 oomments 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 

or adoption, contact the Missouri Department of Natural Resources' Air 

Pollution Control Program at (573) 751-4817. M T Nnv",mh"r fl. 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 16

1 general section of the rule with a new statewide

2 indirect heating rule. If the Commission adopts this

3 rule action, it will be the Department's intention to

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

5 Protection Agency to replace the current rule that is

6 in the Missouri State Implementation Plan.

7 Mr. Chairman, this concludes my

8 testimony. I will be happy to answer any questions

9 you might have specific to these rule amendments.

10 CHAIRMAN GARNETT: Aaron, thanks.

11 MR. MYERS: Good morning, Commissioner.

12 My name is Paul Myers, and I work as an environmental

13 specialist with the Air Pollution Control Program,

14 1659 East Elm Street in Jefferson City, Missouri.

15 I'm here today to present testimony on rules that

16 cover municipal solid waste landfills. These rules,

17 10 CSR 10-5.490 and 10 CSR 10-6.310, cover landfills

18 in the St. Louis area and the rest of the state

19 respectively. Due to the similarity of the rules and

20 the changes proposed, I would like to discuss both

21 rules during my testimony. The text for these rule

22 amendments can be found beginning on page 221 of your

23 briefing document.

24 These state rules cover existing

25 municipal solid waste landfills that are not covered
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 per month. 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 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 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.]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

Register updates published on April 10, 2000, October 17, 2000, and

September 21, 2006.

PUBLISHER’S NOTE: The secretary of state has determined that

the 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 more

than 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. 21
(C) When an MSW landfill subject to this rule is closed, the owner

or operator is no longer subject to the requirement to maintain an

operating permit under 40 CFR [part] 70 or 71 for the landfill if the

landfill is not otherwise subject to the requirements of either 40 CFR

[part] 70 or 71 and if either of the following conditions is met:

1. The landfill was never subject to a requirement for a control

system under section (3) of this rule; or

2. The owner or operator meets the conditions for control system removal specified in section 60.752(b)(2)(v) of 40 CFR 60,

[s]Subpart WWW.

(D) Physical or operational changes made to an existing MSW

landfill solely to comply with this rule are not considered construction, reconstruction, or modification for the purposes of this

rule.

(2) Definitions. Definitions of certain terms specified in this rule

may be found in 10 CSR 10-6.020.

[(A) Active collection system—A gas collection system

that uses gas mover equipment.

(B) Closed landfill—A landfill in which solid waste is no

longer being placed, and in which no additional wastes will

be placed without first filing a notification of modification as

prescribed under 40 CFR part 60.7(a)(4) (incorporated by

reference). Once a notification of modification has been

filed, and additional solid waste is placed in the landfill, the

landfill is no longer closed.

(C) Closure—That point in time when a landfill becomes a

closed landfill.

(D) Design capacity—The maximum amount of solid

waste the landfill can accept, as indicated in terms of volume or mass in the most recent operating or construction

permit issued by the county or state agency responsible for

regulating the landfill, plus any in-place waste not accounted for in the most recent permit. If the owner or operator

chooses to convert the design capacity from volume to mass

or from mass to volume to demonstrate its design capacity

is less than two and one-half (2.5) million megagrams or two

and one-half (2.5) million cubic meters, the calculation must

include a site-specific density, which must be recalculated

annually.

(E) Enclosed combustor—An enclosed firebox which maintains a relatively constant limited peak temperature generally using a limited supply of combustion air. An enclosed flare

is considered an enclosed combustor.

(F) Flare—An open combustor without enclosure or

shroud.

(G) Gas mover equipment—The equipment (i.e., fan, blower, compressor) used to transport landfill gas through the

header system.

(H) Household waste—Any solid waste (including garbage,

trash, and sanitary waste in septic tanks) derived from

households (including, but not limited to, single and multiple

residences, hotels and motels, bunkhouses, ranger stations,

crew quarters, campgrounds, picnic grounds, and day-use

recreation areas).

(I) Lateral expansion—A horizontal expansion of the waste

boundaries of an existing MSW landfill. A lateral expansion

is not a modification unless it results in an increase in the

design capacity of the landfill.

(J) Modification—An increase in the permitted volume

design capacity of the landfill by either horizontal or vertical

expansion based on its most recent permitted design capacity. Modification does not occur until the owner or operator

commences construction on the horizontal or vertical expansion.

(K) Municipal solid waste landfill or MSW landfill—An

entire disposal facility in a contiguous geographical space

where household waste is placed in or on land. An MSW

landfill may also receive other types of Resource

Conservation and Recovery Act (RCRA) Subtitle D wastes

such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or

privately owned. An MSW landfill may be a new MSW landfill, an existing MSW landfill or a lateral expansion.

(L) NMOC—Nonmethane organic compounds.

(M) Passive collection system—A gas collection system

that solely uses positive pressure within the landfill to move

the gas rather than using gas mover equipment.

(N) Solid waste—Any garbage, sludge from a wastewater

treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including

solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural

operations, and from community activities, but does not

include solid or dissolved material in domestic sewage, or

solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits

under 33 U.S.C. 1342 (incorporated by reference), or

source, special nuclear, or by-product material as defined by

the Atomic Energy Act of 1954, as amended (42 U.S.C.

2011 et seq., incorporated by reference).

(O) Sufficient density—Any number, spacing, and combination of collection system components, including vertical

wells, horizontal collectors, and surface collectors, necessary

to maintain emission and migration control as determined by

measures of performance set forth in this rule.

(P) Sufficient extraction rate—A rate sufficient to maintain

a negative pressure at all wellheads in the collection system

without causing air infiltration, including any wellheads connected to the system as a result of expansion or excess surface emissions, for the life of the blower.]

(3) [General Provisions.] Standards for Air Emissions from

Municipal Solid Waste Landfills. Provisions of 40 CFR 51, 40

CFR 52, 40 CFR 60, and 40 CFR 258 are incorporated by

reference in subsection (3)(C) of this rule. Also, the Compilation

of Air Pollutant Emission Factors, Volume I: Stationary Point and

Area Sources, AP-42, Fifth Edition, January 1995 (hereafter AP42), as published by the Government Printing Office, 732 North

Capitol Street NW, Washington, DC, 20401, shall apply and is

hereby incorporated by reference, including Supplement E dated

November 1998. This rule does not incorporate any subsequent

amendments or additions.

(A) Each owner or operator of a municipal solid waste (MSW)

landfill having a design capacity less than one (1.0) million megagrams (one and one-tenth (1.1) million tons) by mass or one (1.0)

million cubic meters (one and three-tenths (1.3) million cubic yards)

by volume shall submit within ninety (90) days of the rule effective

date an initial design capacity report, as described in subsection

[(7)](8)(A) of this rule, to the director. The landfill may calculate

design capacity in either megagrams or cubic meters for comparison

with the exemption values. Any density conversions shall be documented and submitted with the report. Submittal of the initial design

capacity report shall fulfill the requirements of this rule, except as

provided for in paragraphs (3)(A)1. and 2. of this rule.

1. The owner or operator shall submit an amended design

capacity report [to the director when there is any increase in

the design capacity of the landfill. An increase in design

capacity may result from an increase in the area or depth of

the landfill, a change in the operating procedures of the landfill, or any other means], as provided for in paragraph (8)(A)3.

of this rule.

2. [If] When an increase in the design capacity of the landfill

results in a revised maximum design capacity equal to or greater than

Page 2235 November 1, 2011

Vol. 36, No. 21 Missouri Register
one (1.0) million megagrams or one (1.0) million cubic meters, the

owner or operator shall comply with the provisions of subsection

(3)(B) of this rule.

(B) Each owner or operator of an MSW landfill having a design

capacity equal to or greater than one (1.0) million megagrams or one

(1.0) million cubic meters shall [submit within ninety (90) days

of the rule effective date an initial design capacity report and

an NMOC emission rate report, as described in sections (4)

and (7) of this rule, to the director] either comply with paragraph (3)(B)2. of this rule or calculate an NMOC emission rate

for the landfill using the procedures specified in section (5) of this

rule. The NMOC emission rate shall be recalculated annually except

as provided for in [subsection (7)(C)] subparagraph (8)(B)1.B. of

this rule.

1. If the calculated NMOC emission rate is less than twenty-five

(25) megagrams (twenty-seven and one-half (27.5) tons) per year, the

owner or operator shall—

A. Submit an annual emission rate report to the director,

except as provided for in subparagraph (8)(B)1.B. of this rule;

and

B. Recalculate the NMOC emission rate annually using the

procedures specified in paragraph (5)(A)1. of this rule until such

time as the calculated NMOC emission rate is equal to or greater

than twenty-five (25) megagrams, or the landfill closes.

(I) If the NMOC emission rate, upon recalculation, is

equal to or greater than twenty-five (25) megagrams per year, the

owner or operator shall install a collection and control system in

compliance with paragraph (3)(B)2. of this rule.

(II) If the landfill is permanently closed, a closure notification shall be submitted to the director as provided for in subsection (8)(D) of this rule.

2. If the calculated NMOC emission rate is equal to or greater

than twenty-five (25) megagrams per year, the owner or operator

shall—

A. Submit a collection and control system design plan prepared by a professional engineer to the director within one (1) year

of the NMOC emission rate report. Permit modification approval

from the Missouri Department of Natural Resources’ Solid Waste

Management Program shall be required prior to construction of any

gas collection system.

(I) The collection and control system as described in the

plan shall meet the design requirements of subparagraph (3)(B)2.B.

of this rule.

(II) The collection and control system design plan shall

include any alternatives to the operation standards, test methods, procedures, compliance measures, monitoring, record keeping, or

reporting provisions of sections (4) through [(7)](9) of this rule proposed by the owner or operator.

(III) The collection and control system design plan shall

either conform with specifications for active collection systems in

section (10) of this rule or include a demonstration to the director’s

satisfaction of the sufficiency of the [alternate system] alternative

provisions to section (10) of this rule.

(IV) The director will review the collection and control

system design plan and either approve it, disapprove it, or request

that additional information be submitted. Because of the many sitespecific factors involved with landfill gas system design, alternative systems may be necessary. A wide variety of system designs

are possible, such as vertical wells, combination horizontal and

vertical collection systems, horizontal trenches only, leachate collection components, and passive systems;

B. Install a collection and control system that captures the gas

generated within the landfill as required by part (3)(B)2.B.(I) or (II)

and subparagraph (3)(B)2.C. of this rule within thirty (30) months

after the first annual report in which the emission rate equals or

exceeds twenty-five (25) megagrams per year, unless Tier 2 or Tier

3 sampling under [subsection (4)(C) or (4)(D)] section (5) of this

rule demonstrates that the emission rate is less than twenty-five (25)

megagrams per year, as specified in paragraph [(7)(D)](8)(C)1. or 2.

of this rule.

(I) An active collection system shall—

(a) Be designed to handle the maximum expected gas

flow rate from the entire area of the landfill that warrants control

over the intended use period of the gas control or treatment system equipment;

(b) Collect gas from each area, cell, or group of cells in

the landfill in which the initial solid waste has been placed for a period of—

I. [f]Five (5) years or more, if active[,]; or 

II. [t]Two (2) years or more, if closed or at final

grade;

(c) Collect gas at a sufficient extraction rate; and

(d) Be designed to minimize off-site migration of subsurface gas.

(II) A passive collection system shall—

(a) Comply with the provisions of subparts

(3)(B)2.B.(I)(a), (b), and (d) of this rule; and

(b) Be installed with liners on the bottom and all sides

in all areas in which gas is to be collected. The liners shall be

installed as required under 40 CFR 258.40; 

[(III) Each owner or operator of an MSW landfill gas

collection and control system shall—

(a) Operate the collection system with negative

pressure at each wellhead except under the following conditions:

I. A fire or increased well temperature. The

owner or operator shall record instances when positive pressure occurs in efforts to avoid a fire. These records shall be

submitted with the annual reports as provided in subsection

(7)(H) of this rule;

II. Use of a geomembrane or synthetic cover.

The owner or operator shall develop acceptable pressure limits in the design plan; and

III. A decommissioned well. A well may experience a static positive pressure after shut down to accommodate for declining flows. All design changes shall be

approved by the director;

(b) Operate each interior wellhead in the collection system with a landfill gas temperature less than fiftyfive degrees Celsius (55 °C) and with either a nitrogen level

less than twenty percent (20%) or an oxygen level less than

five percent (5%). The owner or operator may establish a

higher operating temperature, nitrogen, or oxygen value at a

particular well. A higher operating value demonstration shall

show supporting data that the elevated parameter does not

cause fires or significantly inhibit anaerobic decomposition

by killing methanogens.

I. The nitrogen level shall be determined using

Method 3C of Appendix A, 40 CFR part 60, unless an alternative test method is established as allowed by part

(3)(B)2.A.(II) of this rule.

II. Unless an alternative test method is established as allowed by part (3)(B)2.A.(II) of this rule, the oxygen shall be determined by an oxygen meter using Method

3A of Appendix A, 40 CFR part 60, except that—

a. The span shall be set so that the regulatory limit is between twenty and fifty percent (20 and 50%)

of the span;

b. A data recorder is not required;

c. Only two (2) calibration gases are required,

a zero and span, and ambient air may be used as the span;

d. A calibration error check is not required;

and

e. The allowable sample bias, zero drift, and

calibration drift are plus or minus ten percent (±10%);

(c) Operate the collection system so that the

Page 2236 Proposed Rules

November 1, 2011

Vol. 36, No. 21
methane concentration is less than five hundred (500) parts

per million above background concentration at the surface of

the landfill. To determine if this level is exceeded, the owner

or operator shall conduct surface testing around the perimeter of the collection area along a pattern that traverses the

landfill at thirty (30)-meter intervals and where visual observations indicate elevated concentrations of landfill gas, such

as distressed vegetation and cracks or seeps in the cover.

The owner or operator may establish an alternative traversing pattern that ensures equivalent coverage. A surface monitoring design plan shall be developed that includes a topographical map with the monitoring route and the rationale for

any site-specific deviations from the thirty (30)-meter intervals. Areas with steep slopes or other dangerous areas may

be excluded from the surface testing;

(d) Operate the system such that all collected

gases are vented to a control system designed and operated

in compliance with subparagraph (3)(B)2.C. of this rule. In

the event the collection or control system is inoperable, the

gas mover system shall be shut down and all valves in the

collection and control system contributing to venting of the

gas to the atmosphere shall be closed within one (1) hour; 

(e) Operate the control or treatment system at all

times when the collected gas is routed to the system; and

(f) If monitoring demonstrates that the operational requirement in subpart (3)(B)2.B.(III)(a), (b), or (c) of

this rule are not met, corrective action shall be taken as

specified in subsection (5)(B) of this rule. If corrective

actions are taken as specified in subsection (5)(B) of this

rule, the monitored exceedance is not a violation of the operational requirements in this section;]

C. Route all the collected gas to one (1) or more of the following control systems:

(I) An open flare designed and operated in accordance with

40 CFR [part] 60.18 [(incorporated by reference)] except as

noted in subsection (5)(E) of this rule;

(II) A control system designed and operated to reduce

NMOC by ninety-eight (98) weight-percent, or, when an enclosed

combustion device is used for control, to either reduce NMOC by

ninety-eight (98) weight-percent, or reduce the outlet NMOC concentration to less than twenty (20) parts per million by volume, dry

basis as hexane at three percent (3%) oxygen. The reduction efficiency or parts per million by volume shall be established by an initial performance test, to be completed no later than one hundred

eighty (180) days after the initial startup of the approved control system[; or] using the test methods specified in subsection (5)(D) of

this rule.

(a) If a boiler or process heater is used as the control

device, the landfill gas stream shall be introduced into the flame

zone.

(b) The control device shall be operated within the

parameter ranges established during the initial or most recent

performance test. The operating parameters to be monitored are

specified in section (7) of this rule; or

(III) A system that routes the collected gas to a treatment

system that processes the collected gas for subsequent sale or use[;

and]. All emissions from any atmospheric vent from the gas

treatment system shall be subject to the requirements of part

(3)(B)2.C.(I) or (II) of this rule;

D. Operate the collection and control device installed to

comply with this rule in accordance with the provisions of sections (4), (6), and (7) of this rule;

[D.]E. The collection and control system may be capped or

removed provided the following conditions are met:

(I) The landfill shall be no longer accepting solid waste and

be permanently closed under the requirements of 40 CFR 258.60.

A closure report shall be submitted to the director;

(II) The collection and control system has been in operation a minimum of fifteen (15) years; and

(III) The calculated NMOC gas produced by the landfill is

less than twenty-five (25) megagrams per year on three (3) successive test dates. The test dates shall be no less than ninety (90) days

apart and no more than one hundred eighty (180) days apart; and

[E.]F. The planning, awarding of contracts, and installation of

MSW landfill air emission collection and control equipment capable

of meeting the emission standards in subsection (3)(B) of this rule

shall be accomplished within thirty (30) months after the date the initial NMOC emission rate report shows NMOC emissions equal or

exceed twenty-five (25) megagrams per year.

(C) The specific citations of 40 CFR 51, 40 CFR 52, 40 CFR

60, and 40 CFR 258 referenced in this rule and promulgated as

of June 30, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of the Federal

Register, U.S. National Archives and Records, 700 Pennsylvania

Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions. All of the provisions of 40 CFR 51.166 other than (a) Plan requirements and (q)

Public participation are incorporated by reference in this rule.

All of the provisions 40 CFR 52.21, other than (a) Plan disapproval, (q) Public participation, (s) Environmental impact statements, and (u) Delegation of authority are incorporated by reference in this rule with the following adaptation. Administrator

as it appears in 40 CFR 52.21 shall refer to the director of the

Missouri Department of Natural Resources’ Air Pollution

Control Program except in the following, where it shall continue

to refer to the administrator of the U.S. Environmental

Protection Agency:

1. (b)(17) Federally enforceable;

2. (b)(37)(i) Repowering;

3. (b)(43) Prevention of Significant Deterioration (PSD) program;

4. (b)(48) Baseline actual emissions;

5. (b)(49) Subject to regulation;

6. (b)(50) Regulated NSR pollutant;

7. (b)(51) Reviewing authority;

8. (g) Redesignation;

9. (l) Air quality models;

10. (p) Federal Land Manager;

11. (t) Disputed permits or redesignations; and

12. (v) Innovative control technology.

(4) Operational Standards for Collection and Control Systems.

Each owner or operator of an MSW landfill gas collection and

control system used to comply with the provisions of subparagraph (3)(B)2.B. of this rule shall—

(A) Operate the collection system such that gas is collected

from each area, cell, or group of cells in the MSW landfill in

which solid waste has been in place for—

1. Five (5) years or more if active; or

2. Two (2) years or more if closed or at final grade;

(B) Operate the collection system with negative pressure at

each wellhead except under the following conditions:

1. A fire or increased well temperature. The owner or operator shall record instances when positive pressure occurs in

efforts to avoid a fire. These records shall be submitted with the

annual reports as provided in paragraph (8)(F)1. of this rule;

2. Use of a geomembrane or synthetic cover. The owner or

operator shall develop acceptable pressure limits in the design

plan; and

3. A decommissioned well. A well may experience a static

positive pressure after shutdown to accommodate for declining

flows. All design changes shall be approved by the director and

EPA;

(C) Operate each interior wellhead in the collection system

with a landfill gas temperature less than fifty-five degrees Celsius

Page 2237 November 1, 2011

Vol. 36, No. 21 Missouri Register
(55 °C) and with either a nitrogen level less than twenty percent

(20%) or an oxygen level less than five percent (5%). The owner

or operator may establish a higher operating temperature, nitrogen, or oxygen value at a particular well. A higher operating

value demonstration shall show supporting data that the elevated

parameter does not cause fires or significantly inhibit anaerobic

decomposition by killing methanogens.

1. The nitrogen level shall be determined using Method 3C

of 40 CFR 60, Appendix A unless an alternative test method is

established as allowed by subparagraph (3)(B)2.A. of this rule.

2. Unless an alternative test method is established as allowed

by subparagraph (3)(B)2.A. of this rule, the oxygen shall be

determined by an oxygen meter using Method 3A or 3C of 40

CFR 60, Appendix A except that—

A. The span shall be set so that the regulatory limit is

between twenty and fifty percent (20%–50%) of the span;

B. A data recorder is not required;

C. Only two (2) calibration gases are required, a zero (0)

and span, and ambient air may be used as the span;

D. A calibration error check is not required; and

E. The allowable sample bias, zero (0) drift, and calibration drift are plus or minus ten percent (±10%);

(D) Operate the collection system so that the methane concentration is less than five hundred (500) parts per million above

background at the surface of the landfill. To determine if this

level is exceeded, the owner or operator shall conduct surface

testing around the perimeter of the collection area along a pattern that traverses the landfill at thirty (30)-meter intervals and

where visual observations indicate elevated concentrations of

landfill gas, such as distressed vegetation and cracks or seeps in

the cover. The owner or operator may establish an alternative

traversing pattern that ensures equivalent coverage. A surface

monitoring design plan shall be developed that includes a topographical map with the monitoring route and the rationale for

any site-specific deviations from the thirty (30)-meter intervals.

Areas with steep slopes or other dangerous areas may be excluded from the surface testing;

(E) Operate the system such that all collected gases are vented

to a control system designed and operated in compliance with

subparagraph (3)(B)2.C. of this rule. In the event the collection

or control system is inoperable, the gas mover system shall be

shut down and all valves in the collection and control system contributing to venting of the gas to the atmosphere shall be closed

within one (1) hour;

(F) Operate the control or treatment system at all times when

the collected gas is routed to the system; and

(G) If monitoring demonstrates that the operational requirements in subsection (4)(B), (C), or (D) of this rule are not met,

corrective action shall be taken as specified in paragraphs

(3)(A)3. through 5. or subsection (6)(C) of this rule. If corrective

actions are taken as specified in section (6) of this rule, the monitored exceedance is not a violation of the operational requirements in this section.

[(4)](5) Test Methods and Procedures.

(A) NMOC Emission Rate Calculation.

1. The landfill owner or operator [of a MSW landfill] shall

calculate the NMOC emission rate using either the equation provided in [paragraph (4)(A)1.] subparagraph (5)(A)1.A. of this rule

or the equation provided in [paragraph (4)(A)2.] subparagraph

(5)(A)1.B. of this rule. Both equations may be used if the actual

year-to-year solid waste acceptance rate is known, as specified in

subparagraph (5)(A)1.A. of this rule, for part of the life of the

landfill and the actual year-to-year solid waste acceptance rate is

unknown, as specified in subparagraph (5)(A)1.B., for part of the

life of the landfill. The values to be used in both equations are 0.05

per year for k, 170 cubic meters per megagram for Lo, and 4,000

parts per million by volume as hexane for the CNMOC [unless sitespecific values are calculated as described under Tier 1, Tier

2, and Tier 3 in subsections (4)(B), (4)(C), and (4)(D) of this

rule]. For landfills located in geographical areas with a thirty (30)-

year annual average precipitation of less than twenty-five inches

(25"), as measured at the nearest representative official meteorologic site, the k value to be used is 0.02 per year.

[1.]A. [The mass of nondegradable solid waste may

be subtracted from the total mass of solid waste in a particular section of the landfill when calculating the value for

Mi if documentation of the nature and amount of such

wastes is maintained.] The following equation shall be used if the

actual year-to-year solid waste acceptance rate is known[:]. The

mass of nondegradable solid waste may be subtracted from the

total mass of solid waste in a particular section of the landfill

when calculating the value for Mi if documentation of the nature

and amount of such wastes is maintained.

n

MNMOC = ∑ 2kLoMi

(e-kti) (CNMOC) (3.6 × 10-9)

i=1

where,

MNMOC = Total NMOC emission rate from the landfill, 

megagrams per year

k = methane generation rate constant, year -1

Lo = methane generation potential, cubic meters per 

megagram solid waste

Mi = mass of solid waste in the ith section, megagrams

t

i = age of the ith section, years

CNMOC = concentration of NMOC, parts per million by volume as hexane

3.6 × 10-9 = conversion factor

[2.]B. [The mass of nondegradable solid waste may

be subtracted from the average annual acceptance rate

when calculating a value for R if documentation is provided.]

The following equation shall be used if the actual year-to-year solid

waste acceptance rate is unknown[:]. The mass of nondegradable

solid waste may be subtracted from the average annual acceptance rate when calculating a value for R if documentation is provided.

MNMOC = 2Lo R (e-kc – e-kt) (CNMOC) (3.6 × 10-9) 

where,

MNMOC = mass emission rate of NMOC, megagrams per

year

Lo = methane generation potential, cubic meters per 

megagram solid waste

R = average annual acceptance rate, megagrams per 

year

k = methane generation rate constant, year-1

c = time since closure, years (for active landfill c = 0 

and e-kc = 1)

t = age of landfill, years

CNMOC = concentration of NMOC, parts per million by volume as hexane

3.6 × 10-9 = conversion factor

[(B)]2. Tier 1. The owner or operator shall compare the calculated NMOC mass emission rate to the standard of twenty-five (25)

megagrams per year.

[1.]A. If the NMOC emission rate calculated in paragraph

[(4)(A)1. or 2.] (5)(A)1. of this rule is less than twenty-five (25)

megagrams per year, then the landfill owner shall submit an emission

rate report as provided in paragraph (8)(B)1. of this rule and shall

recalculate the NMOC mass emission rate annually as required under

paragraph (3)(B)1. of this rule.

Page 2238 Proposed Rules

November 1, 2011

Vol. 36, No. 21
[2.]B. If the calculated NMOC emission rate is equal to or

greater than twenty-five (25) megagrams per year, then the landfill

owner shall either comply with paragraph (3)(B)2. of this rule, or

determine a site-specific NMOC concentration and recalculate the

NMOC emission rate using the procedures provided in [subsection

(4)(C)] paragraph (5)(A)3. of this rule.

[(C)]3. Tier 2. The landfill owner or operator shall determine

the NMOC concentration using the following sampling procedure.

The landfill owner or operator shall install at least two (2) sample

probes per hectare of landfill surface that has retained solid waste for

at least two (2) years. If the landfill is larger than twenty-five (25)

hectares in area, only fifty (50) samples are required. The sample

probes shall be located to avoid known areas of nondegradable solid

waste. The owner or operator shall collect and analyze one (1) sample of landfill gas from each probe to determine the NMOC concentration using Method 25 or 25C [or] of 40 CFR 60, Appendix A.

Method 18 of [Appendix A,] 40 CFR [part] 60[. If composite

sampling is used, equal volumes shall be taken from each

sample probe.], Appendix A may be used to analyze the samples

collected by the Method 25 or 25C sampling procedure. Taking

composite samples from different probes into a single cylinder is

allowed; however, equal sample volumes must be taken from each

probe. For each composite, the sampling rate, collection times,

beginning and ending cylinder vacuums, or alternative volume

measurements must be recorded to verify that composite volumes

are equal. Composite sample volumes should not be less than one

(1) liter unless evidence can be provided to substantiate the accuracy of smaller volumes. Terminate compositing before the cylinder approaches ambient pressure where measurement accuracy

diminishes. If using Method 18 of 40 CFR 60, Appendix A, the

minimum list of compounds to be tested shall be those published

in AP-42, minus carbon monoxide, hydrogen sulfide, and mercury. As a minimum, the instrument must be calibrated for each

of the compounds on the list. Convert the concentration of each

Method 18 compound to CNMOC as hexane by multiplying by the

ratio of its carbon atoms divided by six (6). If more than the

required number of samples are taken, all samples shall be used in

the analysis. The landfill owner or operator [shall] must divide the

NMOC concentration from Method 25 or 25C of 40 CFR 60,

Appendix A by six (6) to convert from CNMOC as carbon to CNMOC

as hexane. If the landfill has an active or passive gas removal system in place, Method 25 or 25C samples may be collected from

these systems instead of surface probes provided the removal system can be shown to provide sampling as representative as the

two (2) sampling probe per hectare requirement. For active collection systems, samples may be collected from the common

header pipe before the gas moving or condensate removal equipment. For these systems, a minimum of three (3) samples must

be collected from the header pipe.

A. The landfill owner or operator shall recalculate the

NMOC mass emission rate using the equations provided in [paragraph (4)(A)1. or 2.] subparagraph (5)(A)1.A. or B. of this rule

and using the average NMOC concentration from the collected samples instead of the default value in the equation provided in paragraph (5)(A)1. of this rule.

[1.]B. If the resulting NMOC mass emission rate is less than

twenty-five (25) megagrams per year, the owner or operator shall

submit an emission rate report as required under paragraph

[(3)(B)1.] (8)(B)1. of this rule and retest the site-specific NMOC

concentration every five (5) years using the methods specified in this

section.

[2.]C. If the resulting mass emission rate calculated using the

site-specific NMOC concentration is equal to or greater than twenty-five (25) megagrams per year, then the landfill owner or operator

shall either comply with paragraph (3)(B)2.of this rule, or determine

the site-specific methane generation rate constant and recalculate the

NMOC emission rate using the site-specific methane generation rate

using the procedure specified in [subsection (4)(D)] paragraph

(5)(A)4. of this rule.

[(D)]4. Tier 3. The site-specific methane generation rate constant shall be determined using the procedures provided in Method

2E of [Appendix A,] 40 CFR [part] 60, Appendix A. The landfill

owner or operator shall estimate the NMOC mass emission rate

using the equations in [paragraph (4)(A)1. or 2.] subparagraph

(5)(A)1.A. or B. of this rule using a site-specific methane generation

rate constant k, and using the site-specific NMOC concentration as

determined in [subsection (4)(C)] paragraph (5)(A)3. of this rule

instead of the default values provided in [subsection (4)(A)] paragraph (5)(A)1. of this rule. The landfill owner or operator shall

compare the resulting NMOC mass emission rate to the standard of

twenty-five (25) megagrams per year.

[1.]A. If the NMOC mass emission rate is less than twentyfive (25) megagrams per year, then the owner or operator shall submit a periodic emission rate report as provided in paragraph

[(3)(B)1.] (8)(B)1. of this rule and shall recalculate the NMOC mass

emission rate annually, as provided in paragraph (8)(B)1. of this

rule using the equations in paragraph (5)(A)1. of this rule and

using the site-specific methane generation rate constant and

NMOC concentration obtained in paragraph (5)(A)3. of this rule.

The calculation of the methane generation rate constant is performed

only once, and the value obtained shall be used in all subsequent

annual NMOC emission rate calculations.

[2.]B. If the NMOC mass emission rate as calculated using

the site-specific methane generation rate and concentration of

NMOC is equal to or greater than twenty-five (25) megagrams per

year, the owner or operator shall comply with paragraph (3)(B)2. of

this rule.

[(E)]5. The owner or operator may use other methods to determine the NMOC concentration or a site-specific k as an alternative

to the methods required in [subsections (4)(C) and (D)] paragraphs (5)(A)3. and 4. of this rule if the method has been approved

[in writing] by the director and EPA.

[(F)](B) After the installation of a collection and control system in

compliance with section [(5)] (6) of this rule, the owner or operator

shall calculate the NMOC emission rate for purposes of determining

when the system can be removed as provided in subparagraph

[(3)(B)2.D.] (3)(B)2.E. of this rule, using the following equation: 

MNMOC = (1.89 × 10-3) (QLFG) (CNMOC)

where,

MNMOC = mass emission rate of NMOC, megagrams per year

QLFG = flow rate of landfill gas, cubic meters per minute

CNMOC = NMOC concentration, parts per million by volume

as hexane

1. The flow rate of landfill gas, QLFG, shall be determined by

measuring the total landfill gas flow rate at the common header pipe

that leads to the control device using a gas flow measuring device

calibrated according to the provisions of section 4 of Method 2E of

[Appendix A,] 40 CFR [part] 60, Appendix A.

2. The average NMOC concentration, CNMOC, shall be determined by collecting and analyzing landfill gas sampled from the

common header pipe before the gas moving or condensate removal

equipment using the procedures in Method 25C or Method 18 of

[Appendix A,] 40 CFR [part] 60, Appendix A. If using Method

18, the minimum list of compounds to be tested shall be those published in [the most recent Compilation of Air Pollutant

Emission Factors (]AP-42[)]. The sample location on the common

header pipe shall be before any condensate removal or other gas

refining units. The landfill owner or operator shall divide the NMOC

concentration from Method 25C by six (6) to convert from CNMOC

as carbon to CNMOC as hexane. 

3. The owner or operator may use another method to determine

landfill gas flow rate and NMOC concentration if the method has

Page 2239 November 1, 2011

Vol. 36, No. 21 Missouri Register
been approved by the director and EPA as provided in part

(3)(B)2.A.(II) of this rule. 

[(G)](C) When calculating emissions for prevention of significant deterioration (PSD) purposes, [T]the owner or operator of

each MSW landfill subject to the provisions of this rule shall estimate the NMOC emission rate for comparison to the [Prevention of

Significant Deterioration (] PSD [)] major source and significance

levels in [section] 40 CFR 51.166 or 52.21 [of 40 CFR parts 51

and 52] using AP-42 or other approved measurement procedures.

[If a collection system, which complies with the provisions

in paragraph (3)(B)2. of this rule is already installed, the

owner or operator shall estimate the NMOC emission rate

using the procedures provided in subsection (4)(F) of this

rule.]

[(H)](D) For the performance test required in part (3)(B)2.C.(II)

of this rule, Method 25, 25C, or Method 18 of 40 CFR 60,

Appendix A shall be used to determine compliance with ninety-eight

(98) weight-percent efficiency or the twenty parts per million by volume (20 ppmv) outlet concentration level, unless another method to

demonstrate compliance has been approved by the director and EPA

as provided by part (3)(B)2.A.(II) of this rule. Method 3 or 3A of

40 CFR 60, Appendix A shall be used to determine oxygen for

correcting the NMOC concentration as hexane to three percent

(3%). In cases where the outlet concentration is less than fifty

(50) ppm NMOC as carbon (eight (8) ppm NMOC as hexane),

Method 25A of 40 CFR 60, Appendix A should be used in place

of Method 25. If using Method 18, the minimum list of compounds

to be tested shall be those published in [the most recent

Compilation of Air Pollutant Emission Factors (]AP-42[)]. The

following equation shall be used to calculate efficiency:

Control Efficiency = (NMOCin − NMOCout)/(NMOCin)

where,

NMOCin = mass of NMOC entering control device

NMOCout = mass of NMOC exiting control device

(E) For the performance test required in part (3)(B)2.C.(I) of

this rule, the net heating value of the combusted landfill gas as

determined in 40 CFR 60.18(f)(3) is calculated from the concentration of methane in the landfill gas as measured by Method 3C

of 40 CFR 60, Appendix A. A minimum of three (3) thirty (30)-

minute Method 3C samples are determined. The measurement of

other organic components, hydrogen, and carbon monoxide is

not applicable. Method 3C may be used to determine the landfill gas molecular weight for calculating the flare gas exit velocity under 40 CFR 60.18(f)(4).

[(5)](6) Compliance Provisions.

(A) Except as provided for in part (3)(B)2.A.(II) of this rule, the

following methods shall be used to determine whether the gas collection system is in compliance:

1. One of the following equations shall be used in calculating

the maximum expected gas generation flow rate from the landfill as

described in subpart (3)(B)2.B.(I)(a) of this rule. The k and Lo kinetic factors shall be those published in [the most recent

Compilation of Air Pollution Emission Factors (]AP-42[)] or

other site-specific values demonstrated to be appropriate and

approved in writing by the director and EPA. If k has been determined as specified in paragraph (5)(A)4. of this rule, the value of

k determined from the test shall be used. A value of no more than

fifteen (15) years shall be used for the intended use period of the gas

mover equipment. The active life of the landfill is the age of the landfill plus the estimated number of years until closure. After installation of a collection and control system, actual flow data shall be used

to project the maximum flow rate.

A. For sites with unknown year-to-year solid waste acceptance rate[:]—

Qm=2Lo R (e-kc – e-kt)

where,

Qm = maximum expected gas generation flow rate, cubic

meters per year

Lo = methane generation potential, cubic meters per megagram solid waste

R = average annual acceptance rate, megagrams per year

k = methane generation rate constant, year -1

c = time since closure, years (for an active landfill c = 0 and

e-kc = 1)

t = age of the landfill at equipment installation plus the time

the owner or operator intends to use the gas mover equipment or active life of the landfill, whichever is less. If the

equipment is installed after closure, t is the age of the

landfill at installation, years

B. For sites with known year-to-year solid waste acceptance

rate[:]—

n

Qm = ∑ 2 k Lo Mi (e-kti)

i=1

where,

Qm = maximum expected gas generation flow rate, cubic

meters per year

k = methane generation rate constant, year -1

Lo = methane generation potential, cubic meters per megagram 

solid waste

Mi = mass of solid waste in the ith section, megagrams

t

i = age of the ith section, years[;]

C. If a collection and control system has been installed,

actual flow data may be used to project the maximum expected

gas generation flow rate instead of, or in conjunction with, the

equations in subparagraphs (6)(A)1.A. and B. of this rule. If the

landfill is still accepting waste, the actual measured flow data will

not equal the maximum expected gas generation rate, so calculations using the equations in subparagraphs (6)(A)1.A. or B. of

this rule or other methods shall be used to predict the maximum

expected gas generation rate over the intended period of use of

the gas control system equipment;

2. For the purposes of determining sufficient density of gas collectors for compliance with subpart (3)(B)2.B.(I)(b) of this rule, the

owner or operator shall design a system of vertical wells, horizontal

collectors, or other collection devices, satisfactory to the director,

capable of controlling and extracting gas from all portions of the

landfill sufficient to meet all operational and performance standards;

3. For the purposes of demonstrating whether the gas collection

system flow rate is sufficient to determine compliance with subpart

(3)(B)2.B.(I)(c) of this rule, the owner or operator shall measure

gauge pressure in the gas collection header at each individual well,

monthly. If a positive pressure exists, action shall be initiated to correct the exceedance within five (5) calendar days, except for the

three (3) conditions allowed under subsection (4)(B) of this rule.

If negative pressure cannot be achieved without excess air infiltration

within fifteen (15) calendar days of the first measurement, the gas

collection system shall be expanded to correct the exceedance within

one hundred twenty (120) days of the initial measurement of positive

pressure. [Compliance with this subsection will not be

required during the first one hundred eighty (180) days after

gas collection system start-up.] Any attempted corrective measure shall not cause exceedances of other operational or performance standards. An alternative timeline for correcting the

exceedance may be submitted to the director for approval; [and]

Page 2240 Proposed Rules

November 1, 2011

Vol. 36, No. 21
4. Owners or operators are not required to expand the system as required in paragraph (6)(A)3. of this rule during the first

one hundred eighty (180) days after gas collection system startup; 

5. For the purpose of identifying whether excess air infiltration into the landfill is occurring, the owner or operator shall

monitor each well monthly for temperature and nitrogen or oxygen as provided in subsection (4)(C) of this rule. If a well exceeds

one (1) of these operating parameters, action shall be initiated to

correct the exceedance within five (5) calendar days. If correction

of the exceedance cannot be achieved within fifteen (15) calendar

days of the first measurement, the gas collection system shall be

expanded to correct the exceedance within one hundred twenty

(120) days of the initial exceedance. Any attempted corrective

measure shall not cause exceedances of other operational or performance standards. An alternative timeline for correcting the

exceedance may be submitted to the director for approval; and

[4.]6. An owner or operator seeking to demonstrate compliance

with subpart (3)(B)2.B.(I)(d) of this rule through the use of a collection system not conforming to the specifications provided in

section (10) of this rule shall provide information satisfactory to the

director and EPA as specified in part (3)(B)2.A.(III) of this rule

demonstrating that off-site migration is being controlled.

(B) For purposes of compliance with subsection (4)(A) of this

rule, each owner or operator of a controlled landfill shall place

each well or design component as specified in the approved

design plan as provided in subparagraph (3)(B)2.A. of this rule.

Each well shall be installed no later than sixty (60) days of the

date in which the initial solid waste has been in place for a period of—

1. Five (5) years or more if active; or

2. Two (2) years or more if closed or at final grade. 

(C) The following procedures shall be used for compliance with

the surface methane operational standard as provided in subsection (4)(D) of this rule:

[(B)]1. After installation of the collection system, the owner or

operator shall monitor surface concentrations of methane along the

entire perimeter of the collection area and [in] along a [serpentine]

pattern [every] that traverses the landfill at thirty (30) meters for

each collection area on a quarterly basis using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting

the specification provided in [Method 21 of Appendix A, 40

CFR part 60, except that “methane” shall replace all references to VOC] subsection (6)(D) of this rule.

[1.]2. The background concentration shall be determined by

moving the probe inlet upwind and downwind outside the boundary

of the landfill at a distance of at least thirty (30) meters from the

perimeter wells.

[2.]3. Surface emission monitoring shall be performed in accordance with section 4.3.1 of Method 21 of [Appendix A,] 40 CFR

[part] 60, Appendix A, except that the probe inlet shall be placed

within five to ten centimeters (5–10 cm) of the ground. Monitoring

shall be performed during typical meteorological conditions.

[3.]4. Any reading of five hundred parts per million (500 ppm)

or more above background at any location shall be recorded as an

exceedance and the actions specified in subparagraphs (6)(C)4.A.

through E. of this rule shall be taken. As long as the specified

actions are taken, the exceedance is not a violation of the operational requirements of subsection (4)(D) of this rule.

A. The location of each monitored exceedance shall be

marked, and the location recorded.

B. Cover maintenance or adjustments to the vacuum of the

adjacent wells to increase the gas collection in the vicinity of each

exceedance shall be made, and the location shall be remonitored

within ten (10) calendar days of detecting the exceedance.

C. [Any] If the remonitoring of the location shows a second exceedance, additional corrective action shall be taken, and

the location [at which an exceedance has occurred] shall be

[rechecked] monitored again within ten (10) [calendar] days of

[detecting] the second exceedance. [The location shall be

rechecked every ten (10) calendar days until either a reading

below five hundred parts per million (500 ppm) is taken or

there are three (3) exceedances] If the remonitoring shows a

third exceedance for the same location, the action specified in

subparagraph (6)(C)4.E. of this rule shall be taken, and no further monitoring of that location is required until the action specified in subparagraph (6)(C)4.E. of this rule has been taken.

D. Any location that initially [exceeded] showed an

exceedance but has a methane concentration less than five hundred parts per million (500 ppm) methane[, but does not exceed

five hundred parts per million (500 ppm) methane] above

background at the ten (10)-day [recheck,] remonitoring specified

in subparagraph (6)(C)4.B. or C. of this rule shall be remonitored

one (1) month from the initial exceedance. If the [monthly remonitoring does not exceed five hundred parts per million (500

ppm) methane, then quarterly monitoring can be resumed]

one (1)-month remonitoring shows a concentration less than five

hundred parts per million (500 ppm) above background, no further monitoring of that location is required until the next quarterly monitoring period. If the one (1)-month remonitoring shows

an exceedance, the actions specified in subparagraph (6)(C)4.C.

or E. of this rule shall be taken.

E. When any location equals or exceeds five hundred parts

per million (500 ppm) methane above background three (3) times

within a quarterly period, a new well or other collection device shall

be installed within one hundred twenty (120) calendar days of the initial exceedance. An alternative remedy to the exceedance, such as

upgrading the blower, header pipes, or control device, and a corresponding time line for installation may be submitted to the director

for written approval.

5. The owner or operator shall implement a program to

monitor for cover integrity and implement cover repairs as necessary on a monthly basis. 

(D) Each owner or operator seeking to comply with the provisions in subsection (6)(C) of this rule shall comply with the following instrumentation specifications and procedures for surface

emission monitoring devices: 

1. The portable analyzer shall meet the instrument specifications provided in section 3 of Method 21 of 40 CFR 60,

Appendix A, except that “methane” shall replace all references

to VOC;

2. The calibration gas shall be methane, diluted to a nominal concentration of five hundred parts per million (500 ppm) in

air;

3. To meet the performance evaluation requirements in section 3.1.3 of Method 21 of 40 CFR 60, Appendix A, the instrument evaluation procedures of section 4.4 of Method 21 shall be

used; and

4. The calibration procedures provided in section 4.2 of

Method 21 of 40 CFR 60, Appendix A shall be followed immediately before commencing a surface monitoring survey. 

(E) The provisions of this rule apply at all times, except during

periods of start-up, shutdown, or malfunction, provided that the

duration of start-up, shutdown, or malfunction shall not exceed

five (5) days for collection systems and shall not exceed one (1)

hour for treatment or control devices.

[(6)](7) Monitoring of Operations. Except as provided in part

(3)(B)2.A.(II) of this rule—

(A) Each owner or operator seeking to comply with part

(3)(B)2.B.(I) of this rule for an active gas collection system shall

install a sampling port and a thermometer or other temperature measuring device, or an access port for temperature measurements at

each wellhead and—

1. Measure the gauge pressure in the gas collection header on a

monthly basis as provided in paragraph (6)(A)3. of this rule;

Page 2241 November 1, 2011

Vol. 36, No. 21 Missouri Register
2. Monitor the nitrogen or oxygen concentration in the landfill

gas on a monthly basis as provided in paragraph (6)(A)5. of this

rule; and

3. Monitor the temperature of the landfill gas on a monthly

basis as provided in paragraph (6)(A)5. of this rule.

(B) Each owner or operator seeking to comply with subparagraph

(3)(B)2.C. of this rule using an enclosed combustion device shall calibrate, maintain, and operate according to the manufacturer’s specifications, the following equipment:

1. A temperature monitoring device equipped with a continuous

recorder and having a minimum accuracy of plus or minus one [1]

percent (± 1%) of the temperature being measured expressed in

degrees Celsius or plus or minus one-half degree Celsius (± 0.5°C),

whichever is greater. A temperature monitoring device is not

required for boilers or process heaters with maximum design heat

input capacity equal to or greater than forty-four (44) megawatts;

and

2. A device that records flow to or bypass of the control device.

The owner or operator shall either—

A. Install, calibrate, and maintain a gas flow rate measuring

device that shall record the flow to the control device at least every

fifteen (15) minutes; or

B. Secure the bypass line valve in the closed position with a

car-seal or a lock-and-key type configuration. A visual inspection of

the seal or closure mechanism shall be performed at least once

every month to ensure that the valve is maintained in the closed

position and that the gas flow is not diverted through the bypass

line.

(C) Each owner or operator seeking to comply with subparagraph

(3)(B)2.C. of this rule using an open flare shall install, calibrate,

maintain, and operate according to the manufacturer’s specifications

the following equipment:

1. A heat sensing device, such as an ultraviolet beam sensor or

thermocouple, at the pilot light or the flame itself to indicate the continuous presence of a flame; and

2. A device that records flow to or bypass of the flare. The

owner or operator shall either—

A. Install, calibrate, and maintain a gas flow rate measuring

device that shall record the flow to the control device at least every

fifteen (15) minutes; or

B. Secure the bypass line valve in the closed position with a

car-seal or a lock-and-key type configuration. A visual inspection of

the seal or closure mechanism shall be performed at least once

every month to ensure that the valve is maintained in the closed

position and that the gas flow is not diverted through the bypass

line.

(D) Each owner or operator seeking to comply with subparagraph

(3)(B)2.C. of this rule using a device other than an open flare or an

enclosed combustion device shall provide information satisfactory to

the director as provided in part (3)(B)2.A.(II) of this rule describing the operation of the control device, the operating parameters that

would indicate proper performance, and appropriate monitoring procedures. The director shall review the information and either approve

it[,] or request that additional information be submitted. The director may specify additional appropriate monitoring procedures.

(E) Each owner or operator seeking to install a collection system that does not meet the specifications in section (10) of this

rule or seeking to monitor alternative parameters to those

required by sections (4) through (7) of this rule shall provide

information satisfactory to the director as provided in parts

(3)(B)2.A.(II) and (III) of this rule describing the design and

operation of the collection system, the operating parameters that

would indicate proper performance, and appropriate monitoring

procedures. The director may specify additional appropriate

monitoring procedures.

[(E)](F) Each owner or operator seeking to comply with subsection [(5)(B)] (6)(C) of this rule shall monitor surface concentrations

of methane according to the instrument specifications and procedures provided in subsection (6)(D) of this rule. Any closed landfill that has no monitored exceedances of the [five hundred parts

per million (500 ppm) standard] operational standard in three

(3) consecutive quarterly monitoring periods may [change] skip to

annual monitoring. Any [exceedance] methane reading of [the]

five hundred parts per million (500 ppm) [standard recorded] or

more above the background detected during the annual monitoring

[shall] returns the monitoring frequency to quarterly [testing] monitoring.

[(7)](8) Reporting [and Record Keeping] Requirements. Except

as provided in part (3)(B)2.A.(II) of this rule—

(A) Each owner or operator subject to the requirements of this

rule shall submit an initial design capacity report to the director.

1. The initial design capacity report shall be submitted ninety

(90) days from the rule effective date [and contain the following

information:].

2. The initial design capacity report shall contain the following information: 

[1.]A. A map or plot of the landfill, providing the size and

location of the landfill, and identifying all areas where solid waste

may be landfilled according to the provision of the state, local, tribal, or RCRA construction or operating permit; and

[2.]B. The maximum design capacity of the landfill. Where

the maximum design capacity is specified in the state or local construction or RCRA permit, a copy of the permit specifying the maximum design capacity may be submitted as part of the report. If the

maximum design capacity of the landfill is not specified in the permit, the maximum design capacity shall be calculated using good

engineering practices. The calculations shall be provided, along with

[such] relevant parameters [as depth of solid waste, solid

waste acceptance rate, and compaction practices] as part of

the report. The director may request other information as may be

necessary to verify the maximum design capacity of the landfill.

[(B)]3. An amended design capacity report shall be submitted to

the director providing notification of any increase in the design

capacity of the landfill, whether the increase results from an

increase in the permitted area or depth of the landfill, a change

in the operating procedures, or any other means which results in

an increase in the maximum design capacity of the landfill above

one (1.0) million megagrams and one (1.0) million cubic meters.

The amended design capacity report shall be submitted within ninety (90) days of the issuance of an amended construction or operating

permit, or the placement of waste in additional land, or the

change in operating procedures which will result in an increase

in maximum design capacity, whichever occurs first.

[(C) The initial NMOC emission rate report shall be submitted within ninety (90) days of the rule effective date and

annually thereafter. The initial NMOC emission rate report

may be combined with the initial design capacity report

required in subsection (7)(A) of this rule. The NMOC emission rate report shall include all the data, calculations, sample reports and measurements used to estimate the annual

emission rate. An annual emission rate report will not be

required for landfills after installation of a collection and control system.]

(B) Each owner or operator subject to the requirements of this

rule shall submit an NMOC emission rate report to the director

initially and annually thereafter, except as provided for in subparagraph (8)(B)1.B. or paragraph (8)(B)3. of this rule. The

director may request such additional information as may be necessary to verify the reported NMOC emission rate.

1. The NMOC emission rate report shall contain an annual

or five (5)-year estimate of the NMOC emission rate calculated

using the formula and procedures provided in subsection (5)(A)

or (B) of this rule, as applicable.

A. The initial NMOC emission rate report shall be submitted within ninety (90) days of the rule effective date and may

Page 2242 Proposed Rules

November 1, 2011

Vol. 36, No. 21
be combined with the initial design capacity report required in

subsection (8)(A) of this rule. Subsequent NMOC emission rate

reports shall be submitted annually thereafter, except as provided for in subparagraph (8)(B)1.B. and paragraph (8)(B)3. of this

rule.

B. If the estimated NMOC emission rate as reported in

the annual report to the director is less than fifty (50) megagrams

per year in each of the next five (5) consecutive years, the owner

or operator may elect to submit an estimate of the NMOC emission rate for the next five (5)-year period in lieu of the annual

report. This estimate shall include the current amount of solid

waste-in-place and the estimated waste acceptance rate for each

year of the five (5) years for which an NMOC emission rate is

estimated. All data and calculations upon which this estimate is

based shall be provided to the director. This estimate shall be

revised at least once every five (5) years. If the actual waste

acceptance rate exceeds the estimated waste acceptance rate in

any year reported in the five (5)-year estimate, a revised five (5)-

year estimate shall be submitted to the director. The revised estimate shall cover the five (5)-year period beginning with the year

in which the actual waste acceptance rate exceeded the estimated

waste acceptance rate. 

2. The NMOC emission rate report shall include all the

data, calculations, sample reports, and measurements used to

estimate the annual or five (5)-year emissions. 

3. Each owner or operator subject to the requirements of

this rule is exempted from the requirements of paragraphs

(8)(B)1. and 2. of this rule after the installation of a collection

and control system in compliance with paragraph (3)(B)2. of this

rule, during such time as the collection and control system is in

operation and in compliance with sections (4) and (6) of this rule.

[(D)](C) Each owner or operator subject to subparagraph

(3)(B)2.A. of this rule shall submit a collection and control system

design plan to the director within one (1) year of the NMOC emission rate report, required under subsection [(7)(C)] (8)(B) of this

rule, in which the emission rate equals or exceeds twenty-five (25)

megagrams per year, except as follows:

1. If the owner or operator elects to recalculate the NMOC

emission rate after Tier 2 NMOC sampling and analysis as provided

under [subsection (4)(C)] paragraph (5)(A)3. of this rule and the

resulting rate is less than twenty-five (25) megagrams per year, annual periodic reporting shall be resumed, using the Tier 2 determined

site-specific NMOC concentration, until the calculated emission rate

is equal to or greater than twenty-five (25) megagrams per year or

the landfill is closed. The revised NMOC emission rate report, with

the recalculated emission rate based on NMOC sampling and analysis, shall be submitted within one hundred eighty (180) days of the

first calculated exceedance of twenty-five (25) megagrams per year;

and

2. If the owner or operator elects to recalculate the NMOC

emission rate after determining a site-specific methane generation

rate constant (k), as provided in Tier 3 in [subsection (4)(D)] paragraph (5)(A)4. of this rule and the resulting NMOC emission rate is

less than twenty-five (25) megagrams per year, annual periodic

reporting shall be resumed. The resulting site-specific methane generation rate constant (k) shall be used in the emission rate calculation

until such time as the emission[s] rate calculation results in an

exceedance. The revised NMOC emission rate report, with the sitespecific methane generation rate constant (k) shall be submitted to

the director within one (1) year of the first calculated emission rate

exceeding twenty-five (25) megagrams per year.

[(E)](D) Each owner or operator of a controlled landfill shall submit a closure report to the director within thirty (30) days of the date

the landfill ceases accepting solid waste. The director may request

additional information as may be necessary to verify that permanent

closure has taken place in accordance with the requirements of 40

CFR 258.60. If a closure report has been submitted to the director, no additional wastes may be placed into the landfill without

filing a notification of modification as described under 40 CFR

60.7(a)(4).

[(F)](E) Each owner or operator of a controlled landfill shall submit an equipment removal report to the director thirty (30) days prior

to removal or cessation of operation of the control equipment. The

report shall contain all of the following items:

1. A copy of the closure report;

2. A copy of the initial performance test report demonstrating

that the fifteen (15)-year minimum control period has expired; and

3. Dated copies of three (3) successive NMOC emission rate

reports demonstrating that the landfill is no longer producing twenty-five (25) megagrams or greater of NMOC per year.

4. The director may request such additional information as

may be necessary to verify that all of the conditions for removal

have been met.

[(G) Each owner or operator of an MSW landfill subject to

paragraph (3)(B)2. of this rule shall keep up-to-date, readily

accessible on-site records of the following:

1. Maximum design capacity;

2. Control equipment compliance monitoring;

3. A plot map showing each existing and planned collector in the system and providing a unique identification

location label for each collector; and

4. Collection and control system exceedances of the

operation standards and the location of each exceedance.]

[(H)](F) Each owner or operator of a landfill seeking to comply

with paragraph (3)(B)2. of this rule using an active collection system

designed in accordance with subparagraph (3)(B)2.B. of this rule

shall submit to the director annual reports of the recorded information in paragraphs [(7)(H)1.–6.] (8)(F)1. through 6. of this rule.

The initial annual report shall be submitted within one hundred

[and] eighty (180) days of installation and start-up of the collection

and control system[,] and shall include an initial performance test

report required under 40 CFR 60.8. For enclosed combustion

devices and flares, reportable exceedances are defined under subsection (9)(C) of this rule.

1. Value and length of time for exceedance of applicable parameters monitored under subsections [(6)(A), (B), (C), and (D)]

(7)(A), (B), (C), and (D) of this rule.

2. Description and duration of all periods when the gas stream

is diverted from the control device through a bypass line or the indication of bypass flow. 

3. Description and duration of all periods when the control

device was not operating for a period exceeding one (1) hour and

length of time the control device was not operating. 

4. All periods when the collection system was not operating in

excess of five (5) days. 

5. The location of each exceedance of the five hundred parts per

million (500 ppm) methane concentration as provided in [subpart

(3)(B)2.B.(III)(c)] subsection (4)(D) of this rule and the concentration recorded at each location for which an exceedance was recorded in the previous month. 

6. The date of installation and the location of each well or collection system expansion added.

[(I)](G) Each owner or operator seeking to comply with subparagraph (3)(B)2.A. of this rule shall include the following information

with the initial performance test report required under 40 CFR

60.8:

1. A diagram of the collection system showing collection system

positioning including all wells, horizontal collectors, surface collectors, or other gas extraction devices, including the locations of any

areas excluded from collection and the proposed sites for the future

collection system expansion;

2. The data upon which the sufficient density of wells, horizontal collectors, surface collectors, or other gas extraction devices

and the gas mover equipment sizing are based;

3. The documentation of the presence of asbestos or nondegradable material for each area from which collection wells have

Page 2243 November 1, 2011

Vol. 36, No. 21 Missouri Register
been excluded based on the presence of asbestos or nondegradable

material;

4. The sum of the gas generation flow rates for all areas from

which collection wells have been excluded based on nonproductivity

and the calculations of gas generation flow rate for each excluded

area; 

5. The provisions for increasing gas mover equipment capacity

with increased gas generation flow rate, if the present gas mover

equipment is inadequate to move the maximum flow rate expected

over the life of the landfill; and

6. The provisions for the control of off-site migration.

[(J) Landfill owners or operators who convert design

capacity from volume to mass or mass to volume to demonstrate that landfill design capacity is less than one (1.0) million megagrams or one (1.0) million cubic meters, as provided in the definition of design capacity, shall keep readily

accessible, on-site records of the annual recalculation of

site-specific density, design capacity, and the supporting

documentation. Off-site records may be maintained if they

are retrievable within four (4) hours of request. Either paper

copy or electronic formats are acceptable.]

(9) Record Keeping Requirements. Except as provided in part

(3)(B)2.A.(II) of this rule—

(A) Each owner or operator of an MSW landfill subject to the

provisions of subsection (3)(B) of this rule shall keep for at least

five (5) years up-to-date, readily accessible, on-site records of the

design capacity report which triggered subsection (3)(B) of this

rule, the current amount of solid waste in-place, and the year-byyear waste acceptance rate. Records may be maintained off-site

if they are retrievable within four (4) hours. A longer period is

acceptable if records are needed for an unresolved enforcement

action. Either paper copy or electronic formats are acceptable;

(B) Each owner or operator of a controlled landfill shall keep

up-to-date, readily accessible records for the life of the control

equipment of the data listed in paragraphs (9)(B)1. through 4. of

this rule as measured during the initial performance test or compliance determination. Records of subsequent tests or monitoring shall be maintained for a minimum of five (5) years. Records

of the control device vendor specifications shall be maintained

until removal. 

1. Where an owner or operator subject to the provisions of

this rule seeks to demonstrate compliance with subparagraph

(3)(B)2.B. of this rule—

A. The maximum expected gas generation flow rate as calculated in paragraph (6)(A)1. of this rule. The owner or operator may use another method to determine the maximum gas generation flow rate, if the method has been approved by the director and EPA; and

B. The density of wells, horizontal collectors, surface collectors, or other gas extraction devices determined using the procedures specified in paragraph (10)(A)1. of this rule.

2. Where an owner or operator subject to the provisions of

this rule seeks to demonstrate compliance with subparagraph

(3)(B)2.C. of this rule through use of an enclosed combustion

device other than a boiler or process heater with a design heat

input capacity equal to or greater than forty-four (44)

megawatts— 

A. The average combustion temperature measured at least

every fifteen (15) minutes and averaged over the same time period of the performance test; and

B. The percent reduction of NMOC determined as specified in part (3)(B)2.C.(II) of this rule achieved by the control

device. 

3. Where an owner or operator subject to the provisions of

this rule seeks to demonstrate compliance with subpart

(3)(B)2.C.(II)(a) of this rule through use of a boiler or process

heater of any size—a description of the location at which the collected gas vent stream is introduced into the boiler or process

heater over the same time period of the performance testing. 

4. Where an owner or operator subject to the provisions of

this rule seeks to demonstrate compliance with part (3)(B)2.C.(I)

of this rule through use of an open flare, the flare type (that is,

steam-assisted, air-assisted, or nonassisted), all visible emission

readings, heat content determination, flow rate or bypass flow

rate measurements, and exit velocity determinations made during the performance test as specified in 40 CFR 60.18; continuous records of the flare pilot flame or flare flame monitoring and

records of all periods of operations during which the pilot flame

of the flare flame is absent;

(C) Each owner or operator of a controlled landfill subject to

the provisions of this rule shall keep for five (5) years up-to-date,

readily accessible continuous records of the equipment operating

parameters specified to be monitored in section (7) of this rule as

well as up-to-date, readily accessible records for periods of operation during which the parameter boundaries established during

the most recent performance test are exceeded.

1. The following constitute exceedances that shall be recorded and reported under subsection (8)(F) of this rule:

A. For enclosed combustors except for boilers and process

heaters with design heat input capacity of forty-four (44)

megawatts (150 million British thermal units per hour) or

greater, all three (3)-hour periods of operation during which the

average combustion temperature was more than twenty-eight

degrees Celsius (28 °C) below the average combustion temperature during the most recent performance test at which compliance with subparagraph (3)(B)2.C. of this rule was determined;

and

B. For boilers or process heaters, whenever there is a

change in the location at which the vent stream is introduced into

the flame zone as required under subparagraph (9)(B)3.A. of this

rule.

2. Each owner or operator subject to the provisions of this

rule shall keep up-to-date, readily accessible continuous records

of the indication of flow to the control device or the indication of

bypass flow or records of monthly inspections of car-seals or

lock-and-key configurations used to seal bypass lines, specified

under section (7) of this rule. 

3. Each owner or operator subject to the provisions of this

rule who uses a boiler or process heater with a design heat input

capacity of forty-four (44) megawatts or greater to comply with

subparagraph (3)(B)2.C. of this rule shall keep an up-to-date,

readily accessible record of all periods of operation of the boiler

or process heater. (Examples of such records could include

records of steam use, fuel use, or monitoring data collected pursuant to other state or local regulatory requirements.)

4. Each owner or operator seeking to comply with the provisions of this rule by use of an open flare shall keep up-to-date,

readily accessible continuous records of the flame or flare pilot

flame monitoring specified under subsection (7)(C) of this rule

and up-to-date, readily accessible records of all periods of operation in which the flame or flare pilot flame is absent;

(D) Each owner or operator subject to the provisions of this

rule shall keep for the life of the collection system an up-to-date,

readily accessible plot map showing each existing and planned

collector in the system and providing a unique identification location label for each collector. 

1. Each owner or operator subject to the provisions of this

rule shall keep up-to-date, readily accessible records of the installation date and location of all newly installed collectors as specified under subsection (6)(B) of this rule.

2. Each owner or operator subject to the provisions of this

rule shall keep readily accessible documentation of the nature,

date of deposition, amount, and location of asbestos-containing or

nondegradable waste excluded from collection as provided in subparagraph (10)(A)3.A. of this rule as well as any nonproductive

Page 2244 Proposed Rules

November 1, 2011

Vol. 36, No. 21
areas excluded from collection as provided in subparagraph

(10)(A)3.B. of this rule;

(E) Each owner or operator subject to the provisions of this

rule shall keep for at least five (5) years up-to-date, readily accessible records of all collection and control system exceedances of

the operational standards in section (4) of this rule, the reading

in the subsequent month whether or not the second reading is an

exceedance, and the location of each exceedance; and

(F) Landfill owners or operators who convert design capacity

from volume to mass or mass to volume to demonstrate that landfill design capacity is less than one (1.0) million megagrams or

one (1.0) million cubic meters, as provided in the definition of

design capacity, shall keep readily accessible, on-site records of

the annual recalculation of site-specific density, design capacity,

and the supporting documentation. Off-site records may be

maintained if they are retrievable within four (4) hours of

request. Either paper copy or electronic formats are acceptable.

(10) Specifications for Active Collection Systems.

(A) Each owner or operator seeking to comply with subparagraph (3)(B)2.A. of this rule shall site active collection wells, horizontal collectors, surface collectors, or other extraction devices

at a sufficient density throughout all gas producing areas using

the following procedures unless alternative procedures have been

approved by the director and EPA as provided in parts

(3)(B)2.A.(III) and (IV) of this rule:

1. The collection devices within the interior and along the

perimeter areas shall be certified to achieve comprehensive control of surface gas emissions by a professional engineer. The following issues shall be addressed in the design: depths of refuse,

refuse gas generation rates and flow characteristics, cover properties, gas system expandability, leachate and condensate management, accessibility, compatibility with filling operations, integration with closure end use, air intrusion control, corrosion

resistance, fill settlement, and resistance to the refuse decomposition heat;

2. The sufficient density of gas collection devices determined

in paragraph (10)(A)1. of this rule shall address landfill gas

migration issues and augmentation of the collection system

through the use of active or passive systems at the landfill

perimeter or exterior; and

3. The placement of gas collection devices determined in

paragraph (10)(A)1. of this rule shall control all gas producing

areas, except as provided by subparagraphs (10)(A)3.A. and B. of

this rule.

A. Any segregated area of asbestos or nondegradable

material may be excluded from collection if documentation is

provided as specified under subsection (9)(D) of this rule. The

documentation shall provide the nature, date of deposition, location, and amount of asbestos or nondegradable material deposited in the area and shall be provided to the director upon request.

B. Any nonproductive area of the landfill may be excluded from control, provided that the total of all excluded areas can

be shown to contribute less than one percent (1%) of the total

amount of NMOC emissions from the landfill. The amount, location, and age of the material shall be documented and provided

to the director upon request. A separate NMOC emissions estimate shall be made for each section proposed for exclusion, and

the sum of all such sections shall be compared to the NMOC

emissions estimate for the entire landfill. Emissions from each

section shall be computed using the following equation:

Qi = 2 k Lo Mi (e-kti) (CNMOC) (3.6 × 10-9)

where,

Qi = NMOC emission rate from the ith section, megagrams per year

k = methane generation rate constant, year-1

Lo = methane generation potential, cubic meters per

megagram solid waste

Mi = mass of the degradable solid waste in the ith section, megagram

ti = age of the solid waste in the ith section, years

CNMOC = concentration of nonmethane organic compounds, 

parts per million by volume

3.6 × 10-9 = conversion factor

C. The values for k and CNMOC determined in field testing shall be used, if field testing has been performed in determining the NMOC emission rate or the radii of influence (the distance from the well center to a point in the landfill where the

pressure gradient applied by the blower or compressor approaches zero). If field testing has not been performed, the default values for k, Lo, and CNMOC provided in paragraph (5)(A)1. of this

rule or the alternative values from paragraph (5)(A)5. of this rule

shall be used. The mass of nondegradable solid waste contained

within the given section may be subtracted from the total mass of

the section when estimating emissions provided the nature, location, age, and amount of the nondegradable material is documented as provided in subparagraph (10)(A)3.A. of this rule.

(B) Each owner or operator seeking to comply with part

(3)(B)2.A.(I) of this rule shall construct the gas collection devices

using the following equipment or procedures:

1. The landfill gas extraction components shall be constructed of polyvinyl chloride (PVC), high density polyethylene

(HDPE) pipe, fiberglass, stainless steel, or other nonporous corrosion resistant material of suitable dimensions to—convey projected amounts of gases; withstand installation, static, and settlement forces; and withstand planned overburden or traffic

loads. The collection system shall extend as necessary to comply

with emission and migration standards established in this rule.

Collection devices such as wells and horizontal collectors shall be

perforated to allow gas entry without head loss sufficient to

impair performance across the intended extent of control.

Perforations shall be situated with regard to the need to prevent

excessive air infiltration;

2. Vertical wells shall be placed so as not to endanger underlying liners and shall address the occurrence of water within the

landfill. Holes and trenches constructed for piped wells and horizontal collectors shall be of sufficient cross-section so as to allow

for their proper construction and completion including, for

example, centering of pipes and placement of gravel backfill.

Collection devices shall be designed so as not to allow indirect

short circuiting of air into the cover or refuse into the collection

system or gas into the air. Any gravel used around pipe perforations should be of a dimension so as not to penetrate or block

perforations; and

3. Collection devices may be connected to the collection

header pipes below or above the landfill surface. The connector

assembly shall include a positive closing throttle valve, any necessary seals and couplings, access couplings, and at least one (1)

sampling port. The collection devices shall be constructed of

PVC, HDPE, fiberglass, stainless steel, or other nonporous material of suitable thickness.

(C) Each owner or operator seeking to comply with part

(3)(B)2.A.(I) of this rule shall convey the landfill gas to a control

system in compliance with subparagraph (3)(B)2.C. of this rule

through the collection header pipe(s). The gas mover equipment

shall be sized to handle the maximum gas generation flow rate

expected over the intended use period of the gas moving equipment using the following procedures:

1. For existing collection systems, the flow data shall be used

to project the maximum flow rate. If no flow data exists, the procedures in paragraph (10)(C)2. of this rule shall be used; and

2. For new collection systems, the maximum flow rate shall

be in accordance with paragraph (6)(A)1. of this rule.

Page 2245 November 1, 2011

Vol. 36, No. 21 Missouri Register
AUTHORITY: section 643.050, RSMo [Supp. 1998] 2000. Original

rule filed May 15, 1996, effective Dec. 30, 1996. Amended: Filed

Oct. 7, 1999, effective July 30, 2000. 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 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 section (1) and subsections (2)(C),

(2)(E), (2)(M), (2)(N), and (2)(P). 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. The

purpose of this rulemaking is to update the references to the area specific indirect heating rules with the new statewide consolidated indirect heating rule. At the same time, particulate matter definitions are

being added for consistency with federal definitions and a reference

to rule 10 CSR 10-6.010 is being removed since it is redundant. 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 and a Federal Register Notice dated December 21, 2010 which

incorporates updated definitions of the various forms of particulate

matter.

(1) Applicability. This rule shall apply throughout Missouri defining

terms and expressions used in all Title 10, Division 10—Air

Conservation Commission rules. If a definition in this rule conflicts with a definition in any other rule, the definition in 10 CSR

10-6.020 shall take precedence with the exception of definitions

pertaining to 10 CSR 10-6.060.

(2) Definitions.

(C) All terms beginning with “C.”

1. CAA—The Clean Air Act, as amended; see also Act.

2. Camouflage coating—A coating, used principally by the military, to conceal equipment from detection.

3. Capacity factor—Ratio (expressed as a percentage) of a power

generating unit’s actual annual electric output (expressed in MWehr) divided by the unit’s nameplate capacity multiplied by eight thousand seven hundred sixty (8,760) hours.

4. Capture device—A hood, enclosed room, floor sweep, or

other means of collecting solvent emissions or other pollutants into

a duct so that the pollutant can be directed to a pollution control

device such as an incinerator or carbon adsorber.

5. Capture efficiency—The fraction of all organic vapors or

other pollutants generated by a process that is directed to a control

device.

6. CARB—California Air Resources Board, 2020 L Street, PO

Box 2815, Sacramento, CA 95812.

7. Carbon adsorption system—A device containing adsorbent

material (for example, activated carbon, aluminum, silica gel); an

inlet and outlet for exhaust gases; and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the

proper disposal or reuse of all volatile organic compounds (VOC)

adsorbed.

8. Cargo tank—A delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately-previous load.

9. Catalytic incinerator—A control device using a catalyst to

allow combustion to occur at a lower temperature.

10. Category I nonfriable ACM—Asbestos-containing packings,

gaskets, resilient floor covering, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the

method specified in 40 CFR 763, subpart E, Appendix E, section 1,

Polarized Light Microscopy. 

11. Category II nonfriable ACM—Any material, excluding category I nonfriable ACM, containing more than one percent (1%)

asbestos as determined using the method specified in 40 CFR 763,

subpart E, Appendix E, section 1, Polarized Light Microscopy that,

when dry, cannot be crumbled, pulverized, or reduced to powder by

hand pressure. 

12. Caulking and smoothing compound—A semi-solid material

that is used to aerodynamically smooth exterior vehicle surfaces or

fill cavities such as bolt hole accesses. A material shall not be classified as a caulking and smoothing compound if it can be classified

as a sealant.

13. Cause or contribute to a new violation—A federal action

that—

A. Causes a new violation of a national ambient air quality

standard (NAAQS) at a location in a nonattainment or maintenance

area which would otherwise not be in violation of the standard during the future period in question if the federal action were not taken;

or 

B. Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a NAAQS at a location in a nonattainment or maintenance area in a manner that would increase the

frequency or severity of the new violation.

14. Caused by, as used in the terms “direct emissions” and

“indirect emissions”—Emissions that would not otherwise occur in

the absence of the federal action.

15. Ceramic tile installation adhesive—An adhesive intended by

the manufacturer for use in the installation of ceramic tiles.

16. Certified product data sheet—Documentation furnished by a

coating supplier or an outside laboratory that provides the VOC content by percent weight, the solids content by percent weight, and density of a finishing material, strippable booth coating, or solvent,

measured using the EPA Method 24[,] or an equivalent or alternative

method (or formulation data, if approved by the director). The purpose of the certified product data sheet is to assist the affected source

Page 2246 Proposed Rules

November 1, 2011

Vol. 36, No. 21
proposed amendment, as it will allow effective process equipment

cleaning 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 make

future 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 Conservation

Commission 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 that

the 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 for

the 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 evaluating

how 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 to

the 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 in

subsection (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. that

words 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
April 16, 2012

Vol. 37, No. 8

reworded so that the intent related to record-keeping requirements is

clear. EPA suggested moving up the third sentence of this paragraph

to follow the first sentence of this paragraph in order to identify that

the longer period references the on-site requirements rather than the

off-site provisions.

RESPONSE AND EXPLANATION OF CHANGE: To make the

wording of this subsection clearer, subsection (9)(A) rule text has

been revised by moving the proposed third sentence to follow the first

sentence.

COMMENT #10: EPA commented that reference is made to subparagraph (9)(B)3.A. in subparagraph (9)(C)1.B. EPA did not find

this subparagraph and believes the correct citation may be paragraph

(9)(B)3.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, subparagraph (9)(C)1.B. rule text has been revised to

the correct citation of paragraph (9)(B)3.

10 CSR 10-5.490 Municipal Solid Waste Landfills

(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) 70 or 71, unless

the landfill is otherwise subject to either 40 CFR 70 or 71. For purposes of submitting a timely application for an operating permit

under 40 CFR 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 70 or 71, becomes

subject to the requirements of 40 CFR 70.5(a)(1)(i) or 71.5(a)(1)(i)

ninety (90) days after the effective date of such 111(d) program

approval, even if the design capacity report is submitted earlier.

(3) Standards for Air Emissions from Municipal Solid Waste

Landfills. Provisions of 40 CFR 51, 40 CFR 52, 40 CFR 60, and 40

CFR 258 are incorporated by reference in subsection (3)(C) of this

rule. Also, the Compilation of Air Pollutant Emission Factors,

Volume I: Stationary Point and Area Sources, AP-42, Fifth Edition,

January 1995 (hereafter AP-42), as published by the Government

Printing Office, 732 North Capitol Street NW, Washington, DC,

20401, shall apply and is hereby incorporated by reference, including Supplement E dated November 1998. This rule does not incorporate any subsequent amendments or additions.

(C) The specific citations of 40 CFR 51, 40 CFR 52, 40 CFR 60,

and 40 CFR 258 referenced in this rule and published July 1, 2011,

shall apply and are hereby incorporated by reference in this rule, as

published by the Office of the Federal Register, U.S. National

Archives and Records, 700 Pennsylvania Avenue NW, Washington,

DC 20408. This rule does not incorporate any subsequent amendments or additions. Certain terms used in 40 CFR refer to federal

officers and agencies. The following terms applicable to Missouri

shall be substituted where appropriate for the delegable federal counterparts: Director shall be substituted for Administrator and Missouri

Department of Natural Resources shall be substituted for EPA, EPA

Regional Office, or Environmental Protection Agency.

(4) Operational Standards for Collection and Control Systems. Each

owner or operator of an MSW landfill gas collection and control system used to comply with the provisions of subparagraph (3)(B)2.B.

of this rule shall—

(G) If monitoring demonstrates that the operational requirements

in subsection (4)(B), (C), or (D) of this rule are not met, corrective

action shall be taken as specified in paragraphs (6)(A)3. through 5.

or subsection (6)(C) of this rule. If corrective actions are taken as

specified in section (6) of this rule, the monitored exceedance is not

a violation of the operational requirements in this section.

(6) Compliance Provisions.

(C) The following procedures shall be used for compliance with

the surface methane operational standard as provided in subsection

(4)(D) of this rule:

1. After installation of the collection system, the owner or operator shall monitor surface concentrations of methane along the entire

perimeter of the collection area and along a pattern that traverses the

landfill at thirty (30)-meter intervals (or a site-specific established

spacing) for each collection area on a quarterly basis using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the specification provided in subsection (6)(D) of this

rule.

2. The background concentration shall be determined by moving the probe inlet upwind and downwind outside the boundary of the

landfill at a distance of at least thirty (30) meters from the perimeter

wells.

3. Surface emission monitoring shall be performed in accordance with section 4.3.1 of Method 21 of 40 CFR 60, Appendix A,

except that the probe inlet shall be placed within five to ten centimeters (5–10 cm) of the ground. Monitoring shall be performed during

typical meteorological conditions.

4. Any reading of five hundred parts per million (500 ppm) or

more above background at any location shall be recorded as an

exceedance and the actions specified in subparagraphs (6)(C)4.A.

through E. of this rule shall be taken. As long as the specified actions

are taken, the exceedance is not a violation of the operational requirements of subsection (4)(D) of this rule.

A. The location of each monitored exceedance shall be

marked, and the location recorded.

B. Cover maintenance or adjustments to the vacuum of the

adjacent wells to increase the gas collection in the vicinity of each

exceedance shall be made, and the location shall be remonitored

within ten (10) calendar days of detecting the exceedance.

C. If the remonitoring of the location shows a second

exceedance, additional corrective action shall be taken, and the location shall be monitored again within ten (10) days of the second

exceedance. If the remonitoring shows a third exceedance for the

same location, the action specified in subparagraph (6)(C)4.E. of this

rule shall be taken, and no further monitoring of that location is

required until the action specified in subparagraph (6)(C)4.E. of this

rule has been taken.

D. Any location that initially showed an exceedance but has

a methane concentration less than five hundred parts per million (500

ppm) methane above background at the ten (10)-day remonitoring

specified in subparagraph (6)(C)4.B. or C. of this rule shall be

remonitored one (1) month from the initial exceedance. If the one

(1)-month remonitoring shows a concentration less than five hundred

parts per million (500 ppm) above background, no further monitoring of that location is required until the next quarterly monitoring

period. If the one (1)-month remonitoring shows an exceedance, the

actions specified in subparagraph (6)(C)4.C. or E. of this rule shall

be taken.

E. When any location equals or exceeds five hundred parts

per million (500 ppm) methane above background three (3) times

within a quarterly period, a new well or other collection device shall

be installed within one hundred twenty (120) calendar days of the initial exceedance. An alternative remedy to the exceedance, such as

upgrading the blower, header pipes, or control device, and a corresponding time line for installation may be submitted to the director

for written approval.

5. The owner or operator shall implement a program to monitor for cover integrity and implement cover repairs as necessary on a

monthly basis. 

Page 612 Orders of Rulemaking
(8) Reporting Requirements. Except as provided in part

(3)(B)2.A.(II) of this rule—

(B) Each owner or operator subject to the requirements of this rule

shall submit an NMOC emission rate report to the director initially

and annually thereafter, except as provided for in subparagraph

(8)(B)1.B. or paragraph (8)(B)3. of this rule. The director may

request such additional information as may be necessary to verify the

reported NMOC emission rate.

1. The NMOC emission rate report shall contain an annual or

five (5)-year estimate of the NMOC emission rate calculated using

the formula and procedures provided in subsection (5)(A) or (B) of

this rule, as applicable.

A. The initial NMOC emission rate report shall be submitted

within ninety (90) days of the rule effective date and may be combined with the initial design capacity report required in subsection

(8)(A) of this rule. Subsequent NMOC emission rate reports shall be

submitted annually thereafter, except as provided for in subparagraph

(8)(B)1.B. and paragraph (8)(B)3. of this rule.

B. If the estimated NMOC emission rate as reported in the

annual report to the director is less than twenty-five (25) megagrams

per year in each of the next five (5) consecutive years, the owner or

operator may elect to submit an estimate of the NMOC emission rate

for the next five (5)-year period in lieu of the annual report. This estimate shall include the current amount of solid waste-in-place and the

estimated waste acceptance rate for each year of the five (5) years for

which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based shall be provided to the director. This estimate shall be revised at least once every five (5) years.

If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the five (5)-year estimate, a revised

five (5)-year estimate shall be submitted to the director. The revised

estimate shall cover the five (5)-year period beginning with the year

in which the actual waste acceptance rate exceeded the estimated

waste acceptance rate. 

2. The NMOC emission rate report shall include all the data,

calculations, sample reports, and measurements used to estimate the

annual or five (5)-year emissions. 

3. Each owner or operator subject to the requirements of this

rule is exempted from the requirements of paragraphs (8)(B)1. and 2.

of this rule after the installation of a collection and control system in

compliance with paragraph (3)(B)2. of this rule, during such time as

the collection and control system is in operation and in compliance

with sections (4) and (6) of this rule. 

(9) Record-Keeping Requirements. Except as provided in part

(3)(B)2.A.(II) of this rule—

(A) Each owner or operator of an MSW landfill subject to the provisions of subsection (3)(B) of this rule shall keep for at least five (5)

years up-to-date, readily accessible, on-site records of the design

capacity report which triggered subsection (3)(B) of this rule, the

current amount of solid waste-in-place, and the year-by-year waste

acceptance rate. A longer period is acceptable if records are needed

for an unresolved enforcement action. Records may be maintained

off-site if they are retrievable within four (4) hours. Either paper copy

or electronic formats are acceptable;

(C) Each owner or operator of a controlled landfill subject to the

provisions of this rule shall keep for five (5) years up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored in section (7) of this rule as well as upto-date, readily accessible records for periods of operation during

which the parameter boundaries established during the most recent

performance test are exceeded.

1. The following constitute exceedances that shall be recorded

and reported under subsection (8)(F) of this rule:

A. For enclosed combustors except for boilers and process

heaters with design heat input capacity of forty-four (44) megawatts

(150 million British thermal units per hour) or greater, all three (3)-

hour periods of operation during which the average combustion temperature was more than twenty-eight degrees Celsius (28 °C) below

the average combustion temperature during the most recent performance test at which compliance with subparagraph (3)(B)2.C. of this

rule was determined; and

B. For boilers or process heaters, whenever there is a change

in the location at which the vent stream is introduced into the flame

zone as required under paragraph (9)(B)3. of this rule.

2. Each owner or operator subject to the provisions of this rule

shall keep up-to-date, readily accessible continuous records of the

indication of flow to the control device or the indication of bypass

flow or records of monthly inspections of car-seals or lock-and-key

configurations used to seal bypass lines, specified under section (7)

of this rule. 

3. Each owner or operator subject to the provisions of this rule

who uses a boiler or process heater with a design heat input capacity of forty-four (44) megawatts or greater to comply with subparagraph (3)(B)2.C. of this rule shall keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater.

(Examples of such records could include records of steam use, fuel

use, or monitoring data collected pursuant to other state or local regulatory requirements.)

4. Each owner or operator seeking to comply with the provisions of this rule by use of an open flare shall keep up-to-date, readily accessible continuous records of the flame or flare pilot flame

monitoring specified under subsection (7)(C) of this rule and up-todate, readily accessible records of all periods of operation in which

the flame or flare pilot flame is absent;

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 Supp. 2011, the commission amends a rule as follows:

10 CSR 10-6.020 Definitions and Common Reference Tables

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 2246–2260). 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 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 Supp. 2011, the commission amends a rule as follows:

Page 613 April 16, 2012

Vol. 37, No. 8 Missouri Register