OCT 3 0 2009 

Mr. William W. Rice 

Acting Regional Administrator 

U.S. EPA, Region VII 

901 North Fifth Street 

Kansas City, KS 66101 

Dear Mr. Rice: 

REC

D 

NOV 06 2009 

APCO 

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 10-6.120 Restriction of Lead from Specific Lead Smelter-Refinery Installations 

This rule amendment updates the existing Doe Run Buick Resource Recycling facility 

rule to reflect throughput and emissions limitations contained in the November 2007 

revised Prevention of Significant Deterioration permit and addresses changes to the 

facility's processes. 

The commission adopted the enclosed rule action(s) on April30, 2009, 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 of Natural Resources requests that the U.S. Environmental 

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

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

0 

RK"yded Paper 
Sincerely, 

JLK:khs Enclosures: 

Copy of rule published in CSR 

Copy of commission signature page certifying Missouri Air Conservation Commission 

adoption 

Copy oftechnical support documentation for rule (if applicable) 

Copies of public hearing newspaper notices 

Copy of public hearing transcript introductory statement 

Copy of MO Reg order of rulemaking with comments/responses 

c: Missouri Air Conservation Commission 
ion under section 643.050, RSMo 2000, the comm· sion 

rule as follows: 

10 CSR 10-6.045 is amended. 

roposed rulemaking containing the text of th proposed 

amendment published in the Missouri Register on brwuy 3, 

2009 (34 Mo g 205-206). Those sections with change are reprinted here. This p posed amendment becomes effective rty (30) days 

after publicatio in the Code of State Regulations. 

SUMMARY OF COMMENTS: The Missouri Department of 

Natural Resources Air Pollution Control Prog received five (5) 

comments from th (3) sources on this arne ent: Associated 

General Contracto of Missouri, Inc., issouri Limestone 

Producers Associati , and the 

U.S. Env· omental Protection 

Agency (EPA). 

t the department provide a technical demonstration outlining the ifference between this rule, which 

is an amendment to a consolida o of four ( 4) separate rules, and the 

original rules approved in th Mi ouri State Implementation Plan 

(SIP) showing that this ru1 is stringent as the original SIP 

approved version and that re are n net air quality disbenefits as a 

result of the revision. EPA serves th opportunity to comment further on this proposed ndment fall ing receipt of this support 

documentation. 

RESPONSE: The d 

provide a technical de onstration to EPA ben the amended rule is 

submitted for inclusi n in the state implem ntation plan. No wording changes have n made to the propos amendment as a result 

of this comment. 

COMMENT #4: In section (3) General Provis 

proposed ch did not address petroleum- ed products. EPA 

requests that department provide an explana on for why petroleum-based p ucts are not included in the descn ·on and an analysis of any r quality impacts of the revisions petroleum-based 

products a not included under the definition of wastes. 

RESPON AND EXPLANATION OF CH E: Petroleumbased p ucts is in the current rule and was inadv ntly removed 

as a res t of changing a sentence. The department Air Pollution 

Control Program has no concerns about restoring p leum-based 

produ in the rule. Section (3) is amended by retai · petroleumbased roducts under the general provisions heading. 

NT #5: In paragraph (3)(A)l0., the departme 

certain trade wastes may be permitted. EPA sugges that the 

d artment remove the term certain and instead list the spec tc trade 

st.es that would be exempt from the open burning p ibition 

hould the entity be able to show that a situation exists whe 

urning is in the best interest of the general public, or when it 

uct, cause, permit, or 

ducts, trade waste, 

·on waste, or 

permitted 

Title 10-DEPARI'MENT OF NATURAL RESOURCES 

Division 10-Air Conservation Commission 

Chapter 6-Air Quality Standards, Def'mitions, Sampling and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri 

ORDER OF RULEMAKING 

By the authority vested in the Missouri Air Conservation 

Commission under section 643.050, RSMo 2000, the commission 

amends a rule as follows: 

10 CSR 10-6.120 is amended. 

A notice of proposed rulemaking containing the text of the proposed 

amendment was published in the Missouri Register on Febrwuy 3, 

2009 (34 MoReg 206-208). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days 

after publication in the Code of State Regulations. 

SUMMARY OF COMMENTS: The Missouri Department of 

Natural Resources' Air Pollution Control Program received four (4) 

comments from one (l) source: the 

U.S. Environmental Protection 

Agency (EPA). 

COMMENT #1: EPA commented that an air quality analysis, including any appropriate modeling results, is necessary to show that the 

conditions contained in the rule are sufficient to provide for attainment of the 1.5 p.g/m3 National Ambient Air Quality Standard 

(NAAQS) for lead. EPA recommended that the analysis address all 

of the applicable completeness requirements contained in 40 CPR 

part 51, Appendix 

V, Section 2.2 Technical Support. 

RESPONSE: The department's Air Pollution Control Program will 

provide EPA with an air quality analysis when the rule is submitted 

to EPA to replace the current rule in the Missouri State 

Implementation Plan (SIP). No wording changes have been made to 

the proposed amendment as a result of this comment. 

COMMENT #2: EPA noted that the amendment changes the emissions limit for the main stack and removes all throughput process limits. The Prevention of Significant Deterioration (PSD) permit for the 

Doe Run Company's Buick facility contains a total lead production 

limit of one hundred seventy-five thousaiKl (175,000) tons per year. 

This limit is not contained in the rule amendment. The limits in the 

SIP and in the PSD permit should be similar. Future permit changes 

that could impact attainment and maintenance of the NAAQS for lead 

would also need to be reflected in the SIP. 

RESPONSE AND EXPLANATION OF 

CHANGE: As a result of 
from subsection (5)(E) of 10 CSR 10

6.120. 

RESPONSE AND EXPLANATION OF CHANGE: As a result of 

this comment, subsection (5)(E) has been amended to incorporate 

this suggestion. 

COMMENT #4: EPA proposed revising subsection (4)(C) to include 

a reference to the emissions limitations described in subsection 

(3)(B). 

RESPONSE AND EXPLANATION OF CHANGE: As a result of 

this comment, subsection (4)(C) has been amended to include the 

suggested language. 

10 CSR 10-6.120 Restriction of Emissions of Lead From Specific 

Lead Smelter-Refinery Installations 

(3) General Provisions. 

(B) Provisions Pertaining to Limitations of Lead Emissions from 

Specific Installations. 

1. Doe Run primary lead smelter-refmery in Herculaneum, 

Missouri. This installation shall limit lead emissions into the atmosphere to the allowable amount as shown in Thble I. 

Stack Name 

Main Stack 

Number 7 & 9 

Baghouse Stack 

'Dible I 

Emissions 

Limitation 

(lbs per 24 hours) 

794.0 

Number 8 Baghouse Stack 

56.6 

8.2 

2. Doe Run Resource Recycling Division in Boss, Missouri, 

shall limit main stack lead emissions into the atmosphere to 0.00087 

grains of lead per dry standard cubic feet of air. This installation 

shall limit total lead production to one hundred seventy-five thousand 

( l7 5, 000) tons per year. 

(4) Reporting and Record Keeping. 

(C) The Doe Run Resource Recycling Division, Boss, Missouri, 

operator shall keep records that demonstrate compliance with the 

emissions limitations described in subsection (3)(B) using the sampling methods described in subsection (5)(E) of this rule. These 

records shall be maintained on-site in accordance with record keeping and reporting requirements in subsection (5)(E) of this rule. 

(5) Test Methods. 

(E) The methods for demonstrating compliance at the Doe Run 

Resource Recycling Division in Boss, Missouri, shall be those specified in 40 CFR part 63, subpart X. 

ed he . This proposed amendment becomes effective thir (30) 

days a publication in the Code of State Regulations. 

SUMM Y OF COMMENTS: The Missouri Depar 

Natural Re urces' Air Pollution Control Program receive 

(16) conune ts from two (2) sources: the Doe Run Comp 

U.S. Enviro ental Protection Agency (EPA). 

COMMENT # · Doe Run requested the department n move forward to promul te the rule as proposed, but rather eet with the 

company to reach: an alternate proposal. 

RESPONSE EXPLANATION OF CHANGE: e proposed 

rule was develop through a workgroup proc ss. The flrst 

Reasonable Availab Control Technology (RACT meetings with 

stakeholders, includi Doe Run, began in August f 2007 and continued periodically th ughout the next six (6) mo s. Several meetings and conference s have been held with D Run since to discuss viable RACT opti s and feasible alterna ves. As a result of 

Doe Run's comment, ent meetings betwe Doe Run and the 

department's Air Pollutio Control Program ere held to discuss a 

phased approach to reduci sulfur emissions suiting in changes to 

the rule. 

COMMENT 112: Doe Run co the Clean Air Act (CAA) 

provides for the implementatio of all sonably Available Control 

Measures (RACM) as expeditio sly as racticable. The fiscal note 

attached to the proposed rule a compliance deadline of 

December 10, 2010, but no such e ine is found in the proposed 

rule language. Doe Run questione hether the limits proposed in 

this rule would become applicable day the rule takes effect. 

Doe 

Run commented that it is not tee 1 ly or reasonably feasible for 

Doe Run to comply with this p sed le by December 10, 2010, 

and it would be even more unre onabl to require immediate compliance by the proposed rule's e ctive d . Doe Run estimated that 

the time required for engineer· and cons ction of control systems 

necessary to meet the propose limits to be the range of thirty (30) 

months. 

RESPONSE AND EXPLA ATION OF GE: To address the 

CAN.s implementation of cr as expeditiou y as practicable the 

department's Air Pollutio Control Program and oe Run have negotiated a schedule that ut' izes a tiered approach ch the required 

RACT reduction limits The compliance dates, alo with the corresponding emission 1' 'rations and compliance ethod, shall be 

included in the ord of rulemaking. As a result o this comment, 

paragraph (3)(D)l. s been changed. 

COMMENT #3 · Doe Run commented that the realis time frame 

that the control would be in place at the Herculaneum ility make 

the emissions imit in the proposed rule even more asonable. 

The Lead N tiona! Ambient Air Quality Standard (N S) promulgated EPA in the fall of 2008 tightened the existing ead standard tenfo from 1.5 to 0.15 micrograms per cubic meter ug/m3). This ne standard must be attained by 2016. Doe Run re gnized 

that th new standard likely cannot be attained using the isting 

smelt' technology at the plant. Doe Run has been evaluating ethods f meeting the new standard, including the construction of a 

pi t employing a new innovative process being developed the 

pany. Existing information shows that this new technolo ill 
Lead Smelter-Refinery Installations is hereby AMENDED by the Missouri Air · Conservation Commission this 30th day of April, 2009. 

__,_J-==-fM-1~-).,__ --t~-~-~~~~::=::===--· Chairman 

J 

_..., i /· y /' / ,, 

...... l_.~ . ...,...·:.."--'""" ·" =<"'"'~-...._ ... _____ .. .-_,),_· ·.• ...... ~ :;......,• y~!L...;"""'(_.:. _____ , Vice-Chairman 

</:il . ~-h~ 

_:Y_lf:~U--~- -· _/ ...... · ·--~-~~-"-- _____ ,Member 

----------------------------' Member 

-----------------------------' Member 

------------------------------• Member 

culate "ssions for the purpose of filing an 

EIQ for ac cy, reliability and appropriateness. Inapp riate usage of an emission factor or me!ho hall include, but is not limited to: us emission factors not 

representative process, using equipment 

in a manner other "that for which it was 

designed for in cillating emissions, or 

using a less accura emission estimation 

method for a process when a facility has 

more accurate emission available. Additional requirements for use of a specific 

emission estimation thod include: 

A .. Continuous Emis ·on Monitoring 

System (CEMS). 

(I) CEMS must be 

met applicable performance ifications 

during the period for which data i being presented. 

(ll) CEMS data niust be nted 

in the units which the system was des• ned to 

measure. Additional data sets used to trapelate CEMS data must have equal or ter 

reliability for such extrapolation to be ace t 

able. 

(Ill) When using CEMS da 

estimate emissions, the data must incl 

parameters (i.e., emission rate, gas fl 

etc.) necessary to accurately dete 

emissions. CEMS data which 

include all the necessary parame must be 

reviewed and approved by the tlirector or 

local air pollution control auth "ty before it 

may be used to estimate emis ons; 

B. Stack tests. 

(I) Stack tests st be conducted 

on the specific equipment r which the stack 

test results are used to imate emissions. 

(D) Stack must be conducted 

according to the meth cited in 10 CSR 10-

6.030, unless an al tive method has been 

approved in ad by the director or local air pollution con 1 authority. 

(Ill) S k tests will not be accepted unless the choice of test sites and a 

detailed test Ian . have been approved in 

advance by director or local air pollution 

. control au rity. 

V) Stack tests will not be accepted unles the director or local air pollution 

control thority has been notified of test 

dates least thirty (30) days in advance and 

thus rovided the opportunity to observe the 

tes · • This thirty (30)-day notification may 

be uced or waived on a case-by-case basis 

the director or local air pollution control 

uthority. 

72 

C. EPA documents. Oth PA documents may be used to estimat emissions if 

the emission factors are rno propriate or 

source specific than AP-42 FIRE. Newly 

developed EPA emission tors must be putr. 

lished by December 31 the year for which 

the facility is submitti an EIQ. 

(F) Emission Fee iting/ Adjustment. 

1. The depar nt may conduct on-site 

detailed reviews dits) of EIQs ·and supporting docume tion as the director deems 

necessary. 

2. The ent may make emission 

fee adjustm whenA. lerical or arithmetic errors have 

beenma ; 

. Submitted documentation is not 

by inspections or audits; 

C. Emissions estimates are modified 

as result of emission verification or audits; 

D. Credit has been incorrectly 

pplied for an emissions fee paid to a local 

air pollution control agency; or 

E. The department shall not be limited by subparagraphs (3)(F)2.A.-D. of this 

rule in making emission fee adjustments. 

4) Reporting and Record Keeping. Owners 

operators shall maintain records containsufficient information to demonstrate 

liance with all applicable emission fee 

rule quirements as specified in subsections 

(3)(A d (B). All data and recorded in rdance with the provisions of this 

rule s be retained by the owner or operator for less than five (5) years after the 

end of the lendar year in which the data 

was collecte and all. these records shall be 

made availab to the director upon his/her 

request. 

AUTiiORJTY: se ion 643.050, RSMo 

2{)()(). * Original ru filed June 13, 1984, 

effective . Nov. 12, 84. Amended: Filed 

April 2, 1987, effect e Aug. 27, 1987. Amended: Filed May 14, 993, effective Jan . 

31, 1994. Amended: Fil Sept. 2, 1993, effective May 9, 1994. Arne d: Filed May 

15, 1995, effective Dec. 30, '5. Amended: 

Filed May 15, 1997, effective c. 30, 1997. 

Amended: Filed May 12, 1998, e ctive Dec. 

30, 1998. Amended: Filed May 4, 1999, 

effective Dec. 30, 1999. Amende · Filed 

April 6, 2000, effective Nav. 30, 000. 

Amended: Filed Jwre 1, 2001, effective 

CODE OF STATE REGULATIONS 

10 CSR 10-6.120 Restriction of Emissions 

of Lead From Specific Lead Smelter--Ref"m· ery Installations 

PURPOSE: This rule establishes maximum 

aUowable rates of emissions of lead from 

stacks in specific lead-smelter installations, 

except where New Souice Perfo17111J11Ce Standards apply (as provided in 10 CSR 

6.lllD). It also provides for the operation and 

171ilintenance uf equipment and procedures 

specific to controUing lead emissions to the 

ambient air, both from stacks and from the 

fugitive emissions that escape stack collection 

systems at these installations. 

(1) Applicability. 

(A) This rule shall apply to existing installations in Missouri engaged in specific smelting and refming for the production of lead. 

(B) Operation and Maintenance of Lead 

Emissions Control Equipment and Procedures. The owner or operator 

cific lead smelter shall operate and mamtain all lead emissions control equipment and perfonn all procedures as required by this· rule. 

(2) Definitions. Definitions of certain terms 

specified in this rule, other than those specified in this rule section, may be found in 10 

CSR 10-6.020. 

(3) General Provisions. 

(A) Operational Malfunction. 

1. The owner or operator shall maintain 

a file which identifies the date and time of 

any significant malfunction of plant process 

operations or of emission control equipment 

which results in increased lead emissions. 

The file also shall contain a description of 

any corrective action taken, including the 

date and time. 10 CSR 10-6.050 Start-Up, 

Shutdown and Malfunction Conditions shall 

apply. 

2. All of these files relating to operational malfunction shall be retained for a minimum of two (2) years and, upon request, 

shall be made available to the director. 

(B) Provisions Pertaining to Limitations of 

Lead Emissions from Specific Installations. 

(8/31/09) ROBIN CARNAHAN 

Secretary of State 
Stack Name 

Main Slllck 

Number 7 &9 

Ba&}louse Stack 

Number 8 Bagbouse Stack 

Emissions Limit~ttion (lbs per 24 hours) 

794.0 

56.6 

8.2 

2. Doc Run Resource ~ling Division in ~ Mtssoun, shall limit main stack 

lead enussions into the atmosphere to 

0.00087 grains oflead per dry standard cubic 

feet of air. This installation shall limit total 

lead production to one htmired seventy-five 

thousand (175,000) tons per year. 

(C) Provisions Pertaining to Limitations of 

Lead Emissions From Other Than Stacks at 

All Installations. 

1. The owner or operator shall control 

fugitive emissions of lead from all process 

and area soun:es at an installation by mea11\JieS described in a work practice manual 

identified in paragraph (3)(C)2. of this rule. 

It shall be a violation of this rule to fail to 

adhere to the requirements of these 'IWrk 

practices. 

2. "\\brk practice manual. 

A. 'The owner or operator shall prepare, submit for approval, and tben implement a process and area-specific work practice manual that will apply to locations of 

fugitive lead emissions at the installation. 

B. The manual shall be the method of 

detenninlng compliance with the provisions 

of this section. Failure to adhere to the 'IWrk 

practices in the manual shall be a violation of 

this rule. 

C. Any change to the manual proposed by the owner or operator following the 

initial approval shall be requested in writing 

to the director. Arry proposed change shall 

demonstrate that the change in the work practice will not lessen the effectiveness of the 

fugitive emission reductions for the 'IWrk 

practice involved. Written approval by the 

director is required before any change 

becomes effective in the m.amal. 

D. If the director determines a change 

in the 'IWrk practice manual is necessary, the 

director will notify the owner or operator of 

that installation. The owner or operator shall 

revise the manual to reflect these changes and 

submit the revised manual within thirty (30) 

days of receipt of notification. These changes 

shall become effective following written 

approval of the revised manual by the director. 

RolliN CARNAHAN (8131/09) 

Secretary of State 

made by the operator of fugitive emissions 

control equipment such as hoods, air ducts, 

and exhaust fans be maintained by the operator. 

(C) The Doc Run Resource Recycling 

Division, Boss, Missouri, operator shall keep 

records that demonstrate compliance with the 

emissions limitations described in subsection 

(3)(B) using the sampling methods described 

in subsection (S)(E) of this rule. These 

records shall be maintained on-site in accordance with record keeping and reporting 

requirements in subsection (S)(E) of this rule. 

(D) Records shall be kept for a minimum 

of t'IW (2) years at the installation and shall be 

made available upon request of the director 

for purposes of determining compliance. 

(5) Test Methods. 

(A) The method of detcrmiillng the concentration of visible emissions from stack sou~ shall be as specified in 10 CSR 1(). 6.030(9). . 

(B) The method of measuring lead in stack 

gases shall be the sampling method as specified in 10 CSR 10-6.030(12). 

(C) The method of quantifying the determination of compliance with the emission 

limitations from stacks in this rule shall be as 

follows: 

1. Three (3) stack samplings shall be 

planned to be conducted for any one (1) stack 

within a twenty-four (24)-hour period in 

accordance with subsection (S)(B) of this 

rule. If this cannot be done due to weather, 

operating, or other preventative conditions 

that develop during the twenty-four (24)-hour 

period, then the remaining samplings may be 

conducted in a reasonable time determined by 

the director following the twenty-four (24)-

hour period; 

2. Each stack sample shall have a sampling time of at least one (1) hour; 

3. The process(es) producing the emissions to that stack being tested shall be operating at a minimum of ninety percent (90%) 

of capacity of the process(cs) for the full 

duration of the samplings; and 

4. The emission rate to be used for complian::e detennination shall be quantified by 

using the fullowing formula: 

Ec = T avg lbs per hour x 24 hours = lbs 

per 24 hours 

Where: 

Ec = 24-hour emission rate extrapolated 

CODE OF STATE REGULATIONS 

(D) The method of measuring lead in the 

ambient atmosphere shall be the reference 

method as specified in 10 CSR 10-

6.04()( 4)(G). 

(E) The methods for demonstrating compliance at the Doc Run Resource Recycling 

Division in Boss, Missouri, shall be those 

specified in 40 CFR part 63. subpart 

X. 

AUTHORITY: sections 643.050 and 643.055, 

RSMo 2000. • Original rule filed Allg. 4, 

1988, effecri~ Dec. 29, 1988. Amended: 

Filed Sept. 5, 1990, effective March 14, 

1991. Amended: Filed March 4, 1993, effective Oct. 10, 1993. Amended: Filed Aug. 3, 

1993, effective .April 9, 1994. Amended: 

Filed Feb. 16, 1994, effective Aug. 28, 1994. 

Amended: Filed Nov. 14, 1995, effective June 

30, 1996. Ammded: Filed March 16, 1998, 

effective Oct. 30, 1998. Amended: Filed Aug. 

11, 2()()(), effective March 30, 2001. Amended: Filed Aug. 

6. 2002, effective .April 30, 

2003. Amended: Filed July 1, 2004, effective 

March 30, 2005. Amended: Filed Dec. 17, 

2008, effective Sept. 30, 2009. 

-original Ql/llrorily: 64J.mo, RSMo /96!, fiiiWIIlkd 1971, 

1992, 1993, 1995 turd 643.055, RSMo 1979, lliMfftW 

1992, 1994. 

PU. 'SE: This ruk rpecifies the co tion.s 

that est lish an air pollution alert, ch or 

emerge ond the associated proce, res ond 

emissions uction objectives r dealing 

with each. 

73 
of input from Staff from the Department of Natural 

5 Resources Air Pollution Control Program and the Doe 

6 Run Company. The purpose of the amendment is to 

7 modify the existing lead rule to reflect emission 

8 limitations contained in the Prevention of 

9 Significant Deterioration permit for the Doe Run ' s 

10 Buick Resource Recycling facility . The Department 

11 approved Doe Run's revised P.SD permit in ·November, 

12 2007. 

13 In February, 2008, Doe Run asked the 

14 Missouri Air Conservation Commission for a variance 

15 from the requirements listed in Table III of the 

16 existing rule to allow time to process a rule 

17 amendment with revised emission limitations. The 

18 requirements listed in Table III were developed for 

19 the operation of a primary lead smelter at the 

20 Buick facility. Since primary smelting no longer 

21 occurs at the facility, the throughput charge rate 

22 limits listed in Table III are no longer valid. 

23 Only secondary smelting occurs at the facility, 

24 which involves recycling of materials with variable 

25 lead content such as lead acid batteries, lead 

- - .- . I 

. 

·-- -

MIDWEST LITIGATION SERVICES 

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 
4 CHAIRMAN PENDERGRASS: Any other 

5 questions? Thank you. Katy Holmer? 

6 (10 CSR 10-6.120 (amendment}, Restriction of 

7 Emissions of Lead from Specific Lead Smelter8 Refinery Installations) 

9 KATY HOLMER, being sworn-in by the Court 

10 Reporter, testified as follows: 

11 MS. HOLMER: Good morning, Mr. Chairman 

12 and members of the Commission. My name is Katy 

13 Holmer and I work as an Environmental· Specialist 

14 with the Missouri Department of Natural Resources 

15 Air Pollution Control Program located at 1659 East 

16 EDn Street in Jefferson City, Missouri. 

17 I am here to present testimony on the 

18 proposed amendment to 10 CSR 10-6.120, Restriction 

19 of Lead from Specific Lead Smelter-Refinery 

20 Installations. The proposed amendment can be found 

21 beginning on page 147 of the briefing document. 

22 The purpose of this rule is to 

23 establish maximum allowable rates of lead emissions 

24 from stacks at specific lead smelters and 

25 refineries. The rule a lso provides for the 

MIDWEST LITIGATION SERVICES 

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 
5 come to order. Let the record show the followi ng 

6 Commissioners are present: Jack Baker, Kevin 

,. ' 

f~ 

7 

., 

Rosenbohm, Mark Garnett, Gary Pendergrass and Ron i 8 Boyer. 

~ 

' 9 

~ ~{ " 10 ~ i 

The Air Conservati on Commis s i on of the 

State of 

M~ssouri has cal led this publi c hearing 

&11 

i 

~ 12 

pursuant to Section 643.070 provided Statutes of 

., 

Mi ssouri, EPA propagated as Rule 40 CFR 51 . 102, for ~- i 13 ~ 14 ~ t h e p urpose of hearing testimony relati ng to 10 CSR 10- 5.570 (new rule), Control of Sul fur Emissions ~ 15 from Stationary Boilers·; 10 CSR 10-6 . 2 60 

E. 16 

t 17 

l! 

1 18 

(amendment), Restriction of Emi ssion of Sulfur 

Compounds; 10 CSR 1 0-6.120 (amendmen t), Restriction 

of Emissions of Lead from Speci f i c Lead Smelter -

119 Refinery I nstal lations; 1 0 CSR 10- 6 . 320 

! 20 (rescission) , Sales Tax Exemption ; and 10 CSR 10-

21 6.045 (amendme nt), Open Burning Requirements . ~ 22 The hearing record will c l o se at 5: 00 

r• 

t 23 p .m., April 2nd, 2 009. Anyone who has not be e n 

·I 24 scheduled to appea r but wishes to be heard sh o uld 

, 25 indicate that you wish t o speak on the s ubject. 

MIDWEST LmGA TION SERVICES fVWW.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 
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Mr. 

Mr. 

Mr. 

Mr. 

Mr. 

Mr. 

Mr. 

Mr. 

Ms. 

Mr. 

TRANSCRIPT OF PROCEEDINGS 

Public Hearing 

March 26th, 2009 

Community First Bank 

West Entrance 

915 West Fort Scott Street 

Butler, Missouri 64730 

Gary Pendergrass, Chairman 

Mark s. Garnett 

Jack Baker 

Ron Boyer 

Kevin L. Rosenbohm 

COMMISSIONERS 

David s. Gilmore, Assistant 

James L. Kavanaugh, Director 

Steve Feeler 

Kyra Moore 

David J. Lamb 

STAFF 

.. . 

-

. 

-

MIDW}i:ST LITIGATION SERVICES 

www.midwestlitigation.com Phone: 1.800.280.3376 

-

Fax: 314.644.1334 

PUBLISHER'S AFFIDAVIT 

STATE OF MlSSOURI,} 

)ss. 

COUNTY OF COLE) 

. nf to law says he is Vice President of Central Mike Vivion being duly sworn, ~ ~~g the N~ Tribune, a newspaper printed and Missouri Newspapm, Inc., Pubhsher af, resaid· that said newspaper has been 

published in the County of Col~ ~ta;ars;o and tfurt the notice hereto attached was 

published con~uously ~or mor~. 'th the provisions of Section 493.050 published in s;ud ~aper an comp •ance Wl 

1 time as follows: R.S. of Mo. For 2000 as amended for-------

23rd 1• insertion, No. .... February 20 09 day of 

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

3nl insertion, No. .... day of 20 

· 4th insertion, No. _, day of 20 

5111 insertion, No. _. 

Fee: $268.50 

dayof - - .20 

m:t 1/fof,. 

24th Subscribed and swom to before me this-- ------

day of February 20 _ _ __ 09 ___ _ 

/MlxtJA-. Ulhil.;,) .. 

Notary Public, 

Arst Bank, West .Entrance, 915 W~ 

Fort Scott Street,· Butler, Missouri. 

'The commlsslcm wiiJ-hear testimony .. 

relat~ to tbe fOllowing ltem(s). . ,. _; * 10 CSR 10-5.570 (new rule) Conb:~!: of S.ulfur Emissions From Stabol')iiry. 

Boilers, . · . · 

This proposed rule wm nmlt sulfur 

• dioXide (S02) emissions .. from· ,.,. 

dustria/ bOilers In the St. LDuls Non:-· ~ atialnment Area ·By reducing s¢2 r· emissions released· Into . t~e. 

. atmosphere, emissions of !l.r.ie 

. par:tlciQs ·. (PM2.5) will be reduce~

. This rule Is Jntendfd tb curb' emlsslori: 

lri the St. J:.oOis 'NOnattalnment 'Area 

• in compliance ·with the federai-'Cieiiri.: 

:Air Fine Particle Implementation .Rulii 

• In .order to bring the area Into ll-' : ment )'fith .the PM2.5 Niltiqnal Ar.nbl-: 

' ent Air. Quality Standards. . , . 

; * 10 CSR 1 260 .(amendment) Fi~ ; strictlon .. of Emission · of Sult~r Compounds. . : : 

'This . prOposed limendmer\t wil! if mit 

sulfur dioXide · (S02) emissions from 

a prim~ry lead smelter In the St: 

• Louis Nonattainment . Area. By r'e~ 

.ducing S02 emisslq'ns released Into 

the atmospher.e, emissions of · f(ne 

1partlcies (PM2.5) will be reduced~ This rule Is Intended to curb emlssloii 1 

in til$ St. Louis Nonattament Ania 1

lf! cciinp!fance wlth.the federal creati 

·Air Firie !'article Implementation Rll(e. 

In· oilfer to bling tl_le .area.irito attUh.;· 

~ment with the' PM2.5 National Ambl-· 

~ent 

Air Quality S1andards. . . .'·"··:·-:. 

j* 10 CSR 1o-G.120 (amendl]lent) Re:; 

"strictfon of Emlsslons·.of Lead From 

' Specific . Lead . Smelter-fle.flne.ry ·lrif. 

; stallauons. · . ·• . ·. . , · · 011Tnls proposed amendment wiiJ , . amend the .eXisting rule · to ·reflect_ J/ eini$sion limitations contllined in .the' .~ November . 2007 revised ··-ooe Rurl . 

...; Buick Preventfon of Slgnificartt: 

6 Deterioration. (PSD) pe!:inlt tor Doe 

q Run·~_ ~ulck faCility · ~nd addres~. , modificatiOns tQ the facll•ty's·process.: 

-: ~s. The condit!ons prescribed Jn, fhi! · 

proposed rule amencfment are · niore. 

!I; stringent than the cqndl)ioris found ih; 

q the state's existing ru!e. . . . . .. I * 10 CSR 10-6.320 (rescission) -Sales · Tax Exemption. : . · .. 

This propoaed rescission will. rescind 

a reguiatlon that is no longer re )I quired. This rule was ·written tci~ 11 establish the criteria used by-the .MiS" 

• sourit Air Conservation Commission f to -determine eligibility for sales ~ exemption for Items purchased ·o( 

leased for th.e purpose ·of preventing,: 

abating, or.monltoring air pollution in 

accordance · - with section 

f44.Q30.2(1i4), ASMo. leglslatio!J en-. 

a~ed 

lri 2008 removes the. req!Jire· 

me:nt -tor ~he Director·. of the !J part~ ment ,of Natural Resources. to certify 

sales tax exemptions . (144.030.2,(14)) 

pertaining to !he purchase or lease of 

certain items used to · monitor air 

pollution. Re:iclndlng. the rule will 

• eliminate confusion in the regulated. 

communltv " " 1! p!?rtAt"" to