oURI 

)eremiah W Qay) Nixon, Governor . Mark N. Templeron, Director 

DEPARTMENT OF NATURAL RESOURCES 

STATE oF_ MISS 

www.dnr.mo.gov 

JUN 10 213PL; 

Mr. William W. Rice 

Acting Regional Administrator 

U.S. EPA, Region VII 

901 North Fifth Street 

Kansas City, KS 66101 

Dear Mr. Rice: 

APDS RECEIVED 

JUPJ 1 ;' 2009 

The Missouri Air Conservation Commission recently revised or promulgated the following 

regulations for the Missouri State Implementation Plan (SIP). The following is enclosed for your 

review: 

10 CSR 10-5 .290 (rescission) More Restrictive Emission Limitations for Particulate Matter in 

the South St. Louis Area 

This proposed rescission will remove an obsolete regulation that applies to a specific area in 

South St. Louis. This rule applied specifically to the operating conditions and the compliance 

schedule of by-product coke ovens located at 526 East Catalan St. The location of the coke ovens 

which is referenced has been out of business and inoperable since 1988. The rule also set 

requirements for the restriction of fugitive particulates in the South St. Louis area, which is 

redundant to the statewide fugitive dust rule 10 CSR 10-6.170. By removing this outdated rule, 

the Code of State Regulations will become less confusing and cumbersome. 

10 CSR 10-5.381 (amendment) On-Board Diagnostics Motor Vehicle Emissions Inspection 

This proposed amendment will clarify the exemption, inspection station, vehicle inspection and 

waiver requirements of the inspection/maintenance program rule in the St. Louis Ozone 

Nonattainment Area. Some of these clarifications have been requested by the Missouri State 

Highway Patrol, who is involved in the oversight of the emissions inspection stations . This 

amendment will also define and exempt specially constructed vehicles (including kit-cars) to 

make the rule consistent with current practices. 

10 CSR 10-6.061 (amendment) Construction Permit Exemptions 

This proposed rule amendment will add an exemption from construction permits for the 

construction of temporary storage structures throughout the state of Missouri that occur as a 

result of exceptional events (e.g. natural disasters or abundant harvests exceeding available 

storage capacity) . 

« 

Recyded Pep- 
Mr. William W. Rice 

Page Two 

10 CSR 10-6.400 (amendment) Restriction of Emission of Particulate Matter from Industrial 

Processes 

The proposed amendment will add new exemptions to the rule for coating operations, units 

subject to a more stringent standard, and units that have an uncontrolled potential to emit less 

than the allowable emissions. The amendment will also correct a reference in the rule that refers 

to construction permit exemptions found in 10 CSR 10-6.061 . 

The commission adopted the enclosed rule actions on February 3, 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 actions. Enclosed are the 

required 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 remove rule 10 CSR 10-5.290 from the SIP, include rule 10 CSR 10-

5 .381 in the SIP, and replace rules 10 CSR 10-6.061 and 10 CSR 10-6.400 in the SIP with the 

amended rules. 

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

please contact David J. Lamb, with the Department's Air Pollution Control Program at 

P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751-4817. 

Sincerely, 

JLK:rjs 

Enclosures : 

Copy of rules published in CSR 

Copy of commission signature pages certifying Missouri Air Conservation Commission adoption 

Copy of technical support documentation for rules (if applicable) 

Copies of public hearing newspaper notices 

Copy of public hearing transcript introductory statements 

Copy of MO Reg order of rulemakings 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 

in any circular area with a 

(2) miles from which the sum 

dioxide emissions from these 

allowed by regulations of general 

sulfur dioxide 

diameter of 

of sulfur 

sources 

a 

I- / - pp i~ation are or would be greater than one 

thoutand (1,000) tons for any consecutive 

tl~ree (3) months or one thousand (1,00~) 

pounds per hour. 

(2) Air Conservation Commissi 

Prescribe More Restrictive Ai 

Control Measures. In areas wh~ 

lation applies, as specified in 

Air Conservation Commissi 

air quality control requi 

restrictive and more e 

in regulations of ge 

tion 643.050, RSMo 1994. * 

Ted March 14, 1967, effective 

967. 

May 

Quality 

this regution (1), the 

n may prescribe 

ents that are more 

nsive than provided 

'ral application . 

Op. Auyt Gen. No. 331, Shell (11-15-71). 

The Missouri Air Conservation Commissio 

has the authority under Chapter 203, RS, 

(1969) and the Constitution of Mfsso, 

enforce without delay the provi 

Chapter 203, RSMo (1969) and. 

regulations corresponding, thro, 

trative procedures and injunc, 

10 CSR 10-5 .250 T1m6 Schedule for Compliance 

AUTHORPlY1section 643.050, RSMo 1994. 

Original rule filed March 14, 1967, effective 

March 21, 1967. Amended: Filed Jan. 31, 

1972, e,~`'ective Feb. 10, 1972 . Rescinded: 

Fcled April 17, 2008, effective Dec. 30, 2008. 

10 CSR 10-5 .260 Rules for Contro 

Emissions During Periods of Hig 

Pollution Potential 

(Rescinded October 11, 1984) 

AUTHORI7Y section 203,950, RSMo 1978. 

Original rule filed Sept 8, 970, effective 

Sept. 18, 1970. A ded: Filed Jan. 31, 

1972, effective Fe 10, 1972 . Rescinded: 

Filed May 11, 19 4, effective Oct. 11, 1984. 

Op. A11y ft. No. 331, Shell (11-15-71). 

The Misso Air Conservation Commission 

has theriry under chapter 203, RSMo 

(1969),~ to abate pollutant emissions on an 

ROBIN CARNAHAN (4/30109) 

Secretary of State 

emergency basis comparable to that available 

under 42 U.S. CA., Section 1857d(k) . 

CSR 10-5 .270 Public Availability of 

ission Data 

(Rescinded November 12, 1984) 

AUTIiORPIY section 203.050, RSMo 197 

Original rule filed Aug. 25, 1972, eJf`'e ve 

Sept. 4, 1972. Rescinded: Filed J e 13, 

1984, effective Nov. 12, 1984 . 

e11 (11-15-71). 

fon Commission 

;pecific authority to 

on of emission monitoriloes have the authority to 

from sources of air pollution 

ate, period of emission and com- 

'of effluent and to make the informailable to the public unless any such 

rmation is confidential" as defined by 

ection 203.050.4, RSMo (1969) . 

10 CSR 10-5 .295 Control of Emissions 

From Aerospace Manufacture and Rework 

Facilities 

PURPO : T'his rulemaking will reduce 

~lati organic compound emissions from 

ero ace manufacture and/or reHork facili; 

s located in the St. Louis nonattai 

area. This rulemaking is required to c9 *1y 

with the Clean Air Act Amendments 1990. 

PUBLISHER'S NOTE: 7yce pub Eation of the 

full tert of the material t the adopting 

agency has incorporated reference in this 

rule would be unduly cuJ~ersome or ezpensiue . Therefore, the ~ te.zt of that material 

will be made aHaila to arry interested person at both the ce of the Secretary of State f 

and the office the adopting agency, pur- r 

suant to se on 536.031 .4, RSMo. Such 

material w' be provided at the cost established by tate law 

Op. Attjt Gen. No. 331, 

The Missouri Air Conse, 

does not have any 

require the instal 

ing devices but, 

require repo 

relating t 

positio 

tion 

i 

10 CSR 10-5.280 New Source Perfo 

Regulation 

(Rescinded April 11, 1980) 

AUTHORITY section 203.05 

Original rule filed Dec. 1, 

Dec. 29, 1975 . Resci. 

1979, effective April 

Op. Atty. Gen. 

The Missou 

has the a 

(1969), 

tions 

Y(RSMo 1975. 

; 1975, effective 

d: Filed Dec. 10, 

1980. 

'o. 331, Shell (11-15-71). 

Air Conservation Commission 

rity under Chapter 203, RSMo 

o adopt emission control regulaincluding limitations on the content of 

which will attain and maintain nation_ 

air quality standards, if the state standards 

are the same or more stringent. 

10 CSR 10-5 .290 More Restrictive 

Emission Limitations for Particulate 

Matter in the South St. Louis Area 

(Rescinded May 30, 2009) 

AUTHORITY section 643.050, RSMo 1994. 

Original rule filed Feb. 27, 1978, effective 

Dec. 11, 1978. Amended: Filed Nov. 10, 

1981, effective May 13, 1982 . Amended: 

Filed March 14, 1985, effective Aug. 26, 

1985. Rescinded: Filed Aug. 21, 2008, effective May 30, 2009. 

CODE OF STATE REGULATIONS 

L 

10 CSR 10.5 -)CSR 

(1) pplicability. 

A) This rulemaking shall apply through- 

~ut St. Louis City and Jefferson, St . Charles, 

Franklin, and St. Louis Counties . 

(B) The requirements of this rul g 

shall apply to all aerospace ufacture 

and/or rework facilities with p t4ntial emissions of volatile organic co~} pounds exceeding twenty-five (25) tons p,ef year. 

(2) Definitions . 

(A) Definitions of~individual specialty coatings specified in tlns rule are incorporated by 

reference from/40 CFR 63 subpart GG, 

Appendix A:"with the following modifications: 

1 old release-A coating applied to a 

mo1d srface to prevent the mold piece from 

sticking to the mold as it is removed, or to an 

aerospace component for purposes of creating 

a form-in-place seal ; and 

2. Caulking and sm ding compoundA semi-solid material t is used to aerodynamically smooth rior vehicle surfaces or 

fill cavities such~as bolt hole accesses . A 

material shallpot be classified as a caulking 

and smoo"g compound if it can be classified as a sealant. 

(B) Aerospace manufacture and/or rework 

facility4Any installation that p~oduces, 

reworks, or repairs in any amo Cury commercial, civil, or military ae space vehicle 

or component . 

(C) Aerospace vehicl r component-Any 

fabricated part, proc sed part, assembly of 

parts, or completeti unmt, with the exception 

of electronic co onents, of any aircraft. 

(D) Antiq~ aerospace vehicle or component-An aircraft or component thereof that 

17 
Chapter 6-Air Quality Standards, Definitions, Sampling and Reference Methods and 

Air Pollution Control Regulations for the Entire State of Missouri 

conditions, and if such excess et~'ss~ons 

cause a kiln to exceed the applica emission 

limits in this rule, the director ill determine 

whether enforcement actio is warranted, as 

provided in rule 10 CS 0-6 .050(3)(C) . If 

the director dete ' s that the excess einissions are attributa e to a start-up, shutdown, 

or malfunctio ndition and does not warrant enforc~ nt action, those emissions 

would n9t'be included in the calculation of 

ozone.,season NO,, emissions. 

Reporting and Record Keeping. 

(A) Reporting Requirements . The owner 

or operator subject to this rule shall compl 

with the following requirements : 

1 . The owner or operator shall su 

the director the identification n 

type of each unit subject to 

name and address of the pl 

is located, and the name 

ber of the person respo 

ing compliance wi 

2007 ; 

2. The er or operator shall submit 

an annual report documenting for each controlled unit the total NO. emissions from 

May 1 through September 30 of each year to 

the ctor by November 1 of that year, 

beginning in 2007; and 

3 . The owner or operator of a unit subject to this rule and operating a CEMS shall 

submit an excess emissions monitoring systems performance report, in accordance with 

the requirements of 40 CFR 60.7(c) and 

60 .13. 

(B) Record Keepin, 

owner or operator 

rule shall maintai 

demonstrate c 

period of 

the subj 

be m 

req 

ta 

to 

er and 

rule, the 

here the unit 

telephone numible for demonstratrule before May 1, 

quirements . Any 

a unit subject to this 

all records necessary to. 

pliance with this rule for a 

(5) years at the plant at which 

unit is located. The records shall 

e available to the director upon 

The owner or operator shall mainrecords of the following information for 

ch day of the control period the unit is 

operated : 

1 . The identification number of each 

unit and the name and address of the plant 

where the unit is located for each unit subject 

to the requirements of this rule; 

2. The calendar date of record; 

3. The number of hours the unit is operated during each day including start-ups, 

shutdowns, malfunc 

duration of mainte 

4. The d 

sions inspec 

5. 

tive 

", and the type and 

ce and repair; 

and results of each emisn; 

iunmary of any emissions correctenance taken; 

6. The results of all compliance tests; 

and ' 

7. If a unit is equipped with a CEMSA. The identification of time periods 

during which NO. standards are exceeded, 

the reason for the exceedance, and action 

taken to correct the exceedance and to prevent similar future exceedance and 

B. The identificatio of the time periods for which operatin onditions and pollutant data were not ' ed including reasons 

for not obta' ' g sufficient data and a 

description corrective actions taken . 

(5) TesXMethods. (Not Applicable) 

ORI'1'Y section 643. 050, RSMo 2000. * 

Original rule filed Feb. 14, 2005, effective 

Oct. 30, 2005 . 

*Original authority : 643.050, RSMo 1965, amended 19T1, 

1992, 1993, 1995. 

10 CSR 10-6 .400 Restriction of Emission of 

Particulate Matter IiYom Industrial Processes 

PURPOSE: This regulation restricts the emission of particulate matter in the source gas of 

an operation or activity crcept where 10 CSR 

10-2 .040, 10 CSR 10-3 .060, 10 CSR 10-

4.040, 10 CSR 10-5.030 and/or 10 CSR 10-

6.070 would be applied. 

(1) Applicability. 

(A) This regulation applies to any operation, process or activity that emits particulate 

matter. 

(B) The provisions of this rnle shall not 

apply to the following: 

1. Cotton gins ; 

2. The grinding, crushing, and classifying operations at a rock quarry ; 

3. The receiving and shipping of whole 

grain from i5r into a railroad or truck transportation source at a grain elevator; 

4, Smoke generating devices, as defined 

in subsection (2)(D) of this rule, when a 

required permit or a written determination 

that a permit is not required has been issued 

or written ; 

5 . Batch-type charcoal kilns required to 

comply with 10 CSR 10-6 .330 ; 

6. The burning of fuel for indirect heating; 

7. Fugitive emissions ; 

8 . Emission sources that are exempt 

from construction permitting under 10 CSR 

10-6 .061 ; 

9. Emission sources that are permitted 

by rule under 10 CSR 10-6 .062; 

10 . The burning of refuse ; 

11 . The processing of salvageable material by burning; 

12. Emission units that at maximum 

design capacity have a potential to emit less 

10 CSR 10-6 C I SR_ 

than one-half (0 .5) pounds per hour of particulate matter; 

13 . The grinding, crushing, and conveying operations at a power plant ; 

14. Coating operations equipped with a 

control system designed to control at least 

ninety-five percent (95%) of the particulate 

overspray provided the system is operated and 

maintained in accordance with manufacturers' specifications or comparable maintenance procedures that meet or exceed manufacturers' specifications ; 

15 . Any particulate matter emission unit 

that is subject to a federally enforceable 

requirement to install, operate, and maintain 

a particulate matter control device system that 

controls at least ninety percent (90%) of particulate matter emissions; and 

16 . Emission units that at maximum 

hourly design rate (1VIf1DR) have an uncontrolled potential to emit less than the allowable emissions as calculated in paragraphs 

(3)(A)1. and (3)(A)2. of this rule . 

(C) In the event that other rules in Title 10 

Code of State Regulations are also applicable 

to particulate matter emission units, the more 

stringent requirement shall apply. 

(2) Definitions . 

(A) Process weight is defined as the total 

weight of all materials, including solid fuels, 

introduced into an emission unit, which may 

cause any emission of particulate matter, but 

excluding liquids and gases used solely as 

fuels and air introduced for purposes of combustion. 

(B) Process weight rate is defined as a rate 

in tons per hour established as follows: 

1 . The rate of materials introduced to 

the process which may cause any emission of 

particulate matter ; 

2. For continuous or long-run steadystate emission units, the total process weight 

for the entire period of continuous operation 

or for a typical portion, divided by the number of hours of that period or portion; 

3. For cyclical or batch emission units, 

the total process weight for a period of time 

which covers a complete operation or an integral number of cycles, divided by the hours of 

actual process operation during that period; 

or 

4. Where the nature of any process or 

operation or the design of any equipment permits more than one (1) interpretation of this 

section, that interpretation which results in 

the minimum value for allowable emission 

shall apply. 

(C) For purposes of this regulation, a jobbing cupola is defined as a cupola which has 

a single melting cycle operated no more than 

ten (10) hours in any consecutive twenty-four 

(24) hours and no more than fifty (50) hours 

in any consecutive seven (7) days . 

ROBIN CARNAHAN (4130/09) CODE OF STATE REGULATIONS .173 

Secretary of State 
10 CSR 10-6-DEPARTMENT OF NATURAL RESOURCES 

(D) A smoke generating device is defined 

as a specialized piece of equipment which is 

not an integral part of a commercial, industrial, or manufacturing process and whose 

sole purpose is the creation and dispersion of 

fine solid or liquid particles in a gaseous 

medium. 

(E) 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) Emission Limitations . All applicable 

sources, except grey iron jobbing cupolas and 

corn wet milling drying processes, shall meet 

the following requirements : 

1 . Except as provided for in paragraph 

(3)(A)2 . and subsection (1)(B) of this rule, no 

person shall cause, suffer, allow or permit the 

emission of particulate matter in any one (1) 

hour from any source in excess of the amount 

calculated using one of the following equations selected based on the applicable process 

weight rate : 

For process weight rates of 60,000 pounds 

per hour (lb/hr) or less : 

E = 4.lOP 0,61 

and for process weight rates greater than 

60,0001b/hr: 

E = 55 .OP 0-11 - 40 ; 

where: 

E = rate of emission in lb/hr; and 

P = process weight rate in tons per hour 

(tons/hr); or 

2. The limitations established by paragraph (3)(A)1 . of this rule shall not require 

the reduction of particulate matter concentration, based on the source gas volume, below 

the concentration specified in paragraph 

(3)(A)2 ., Table I of this rule for that volume ; 

provided that, for the purposes of this section, the person responsible for the emission 

may elect to substitute a volume determined 

according to the provisions of paragraph 

(3)(A)3 . of this rule ; and provided further 

that the burden of showing the source gas volume or other volume substituted, including 

all the factors which determine volume and 

the methods of determining and computing 

the volume shall be on the person seeking to 

comply with the provisions of this section. 

Table I 

Source Gas 

Volume (at Standard Concentration 

Cubic Foot Grain Per . 

Per Minute) Cubic Foot 

7,000 or less 0.100 

8,000 0.096 

9,000 0.092 

10,000 0.089 

20,000 0.071 

30,000 0.062 

40,000 0.057 

50,000 0.053 

60,000 0.050 

80,000 0.045 

100,000 0.042 

120,000 0.040 

140,000 0.038 

160,000 0.036 

180,000 0.035 

200,000 0.034 

300,000 0.030 

400,000 0.027 

500,000 0.025 

600,000 0.024 

800,000 0.021 

1,000,000 or more 0.020; or 

3. Any volume of gases passing through 

and leaving an air pollution abatement operation may be substituted for the source gas volume of the emission unit served by the air 

pollution abatement operation, for the purposes of paragraph (3)(A)2 . of this rule, provided that air pollution abatement operation 

emits no more than forty percent (40%) of 

the weight of particulate matter entering ; and 

provided further that the substituted volume 

shall be corrected to standard conditions and 

to a moisture content no greater than that of 

any gas stream entering the air pollution 

abatement operation and further provided that 

there is an enforceable requirement to operate 

the air pollution abatement equipment; and 

4. Notwithstanding the provisions of 

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

no person shall cause, allow or permit the 

emission of particulate matter from any 

source in a concentration in excess of 0.30 

grain per standard cubic foot of exhaust 

gases . 

(B) Grey iron jobbing cupolas shall meet 

the following requirements : 

1 . Cupolas shall be equipped with gas 

cleaning devices operated to remove not less 

than eighty-five percent (85%) by weight of 

all the particulate matter in the cupola discharge gases or release not more than 0.4 

grain of particulate matter per standard cubic 

foot of discharge gas, whichever is more 

stringent . 

2. All gases, vapors and gas entrained 

effluents shall be incinerated at a temperature 

not less than one thousand two hundred 

degrees Fahrenheit (1,200°F) for a period of 

not less than 0.3 seconds . 

(C) All existing corn wet milling drying 

processes shall be equipped with gas cleaning 

devices and so operated as to remove not less 

than ninety-nine and one-half percent 

Division 1i--Air Conservation Commission 

(99.5 %) by weight of all particulate matter in 

the dryer discharge gases. 

(4) Reporting and Record Keeping. All 

records of any tests performed to determine 

the amount of particulate matter emitted from 

a unit shall be kept on-site and available for 

inspection for five (5) years following the test 

date. 

(5) Test Methods. The amount of particulate 

matter emitted shall be determined as specified in 10 CSR 10-6 .030(5) . Any other test 

method must be approved by the director. 

AUTHORITY section 643.050, RSMo 

2000. * Original rule filed Jan. 14, 2000, 

effective Aug. 30, 2000. Amended: Filed Dec. 

22, 2000, effective Sept. 30, 2001 . Amended: 

Filed Sept. 9, 2008, effective May 30, 2009. 

'Ortginal aathorily: 643.050, RSMo 1965, wnended 1972, 

1992, 1993, 1995. 

10 CSR 10-6.410 Emissions Banking 

Trading 

PURPOSE: This rule pro 

for companies to acqui 

ic development in 

643.220, RSMO. 

need for this 

tion 536.0, 

RSMo. 

and 

'es a mechanism 

offsets for economcordance with section 

evidence supponing the 

posed rulemaking, per secRSMo, is section 643.220, 

PU LISHER'S NOTE: Tihe 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 

Therefore, the material whic, 

rated is on file with the a, 

rule, and with the Offi 

State. Any intereste 

material at either, 

the same will b 

of the Secre, 

exceed ac 

entire t 

note 

ensive. 

so incorpoiy who filed this 

of the Secretary of 

"person may view this 

agency's headquarters or 

e available at the Office - 

iy of State at a cost not to , 

cost of copy reproduction. The 

of the rule is printed here. This 

ers only to the incorporated by reference material. 

(1) Applicability. 

(A) The generation of emis 

credits (ERCs) in conjunctio, 

available to installations 

ing requirements : 

1 . Emit more 

for a criteria po, 

reported on the, 

tionnaire; 

ten (10) tons per year 

tant or its precursors as 

Emissions Inventory Ques2. Have an operating permit as specified 

174 CODE OF STATE REGULATIONS (4130/09) RoaiN CAreNAHAN 

Secretary of State 
Order of Rulemaking 

Adoption of this rule action will constitute the commission's finding that the rule 

action is necessary to carry out the purposes of the statutes that granted such 

rulemaking authority. 

10 CSR 10-5 .290 (rescission) More Restrictive Emission Limitations for 

Particulate Matter in the South St. Louis Area is 

Emission 

RESCINDED by the 

Missouri Air Conservation Commission this 3rd day of February, 2009. 

.i 

?4±-r Chairman 

Ija-A C. B . lcA

0 

1_/NZ__> 

, Vice-Chairman 

, Member 

, Member 

, Member 

, Member 

, Member 
Order of Rulemaking 

Pursuant to 643.055 RSMo, the Missouri Air Conservation Commission has 

determined that this action is needed to have a U.S . Environmental Protection 

Agency approved State Implementation Plan. . 

10 CSR 10-6 .400 (amendment) Restriction of Emission of Particulate Matter from 

Industrial Processes is hereby AMENDED by the Missouri Air Conservation 

Commission this 3rd day of February, 2009. 

, Chairman 

, Vice-Chairman 

-E- 1 , Member 

, Member 

_7~~ , Member 

, Member 

, Member 
C entral; M'o., Ne~wspapers;~ Inc., ~ CLASSIFIED 

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Client : 12145 Dept. of Natural Resources Phone: (573) 751-0323 

Class. : P.O. Box 176 Jefferson City, MO 65102 

Ad # 211658 Requested By: Fax: (573) 751-2706 

Sales Rep. : MW Maggie Williams Phone: (573) 761-0274 

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Start Date: 11/06/2008 End Date: 11/06/2008 Nb. -of 1 

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Total Price: 263 .00 

~ MISSOURI AIR CONSERVATION ~ 

COMMISSION 

WILL HOLD PUBLIC HEARING 

JEFFERSON CITY, MO - The Missouri Air Conservation Commission 

will hold a public hearing on More 

Restrictive Emission Limitations for 

Particulate Matter In the South St . 

Louis Area, Restriction of Emission of 

Particulate Matter from Industrial Processes, On-Board Diagnostics Motor 

Vehicle Emissions Inspection, 

Construction Permit Exemptions, and 

the 2008 Eight-Hour Ozone Standard 

Boundary . Recommendation on 

Thursday, December 4, 2008. The 

Public Hearing will begin at 9 a.m . at 

the Governor Office Building, 200 

Madison Street, Jefferson City, Missouri. The commission will hear 

testimony related to the following 

item(s). 

* 10 CSR 10-5 .290 (rescission) More 

Restrictive Emission Limitations for 

Particulate Matter in the South St 

Louis Area 

This proposed rescission will remove 

an obsolete regulation that applies to 

a specific area In South St Louis. 

This rule applied specifically to the 

operating conditions and the 

compliance schedule of by-product 

coke ovens located at 526 East 

Catalan St. The location of the coke 

ovens which is referenced has been 

out of business and inoperable since 

1988 . The rule also set requirements 

for the restriction of fugitive 

particulates in the South St. Louis 

area, which is redundant to the statewide fugitive dust rule 10 CSR 

10-6.170 . By removing this outdated 

rule, the Code of State Regulations 

will become less confusing and 

cumbersome . 

* 10 CSR 10-6 .400 (amendment) Restriction of Emission of Particulate 

Matter from Industrial Processes 

The proposed amendment will add 

new exemptions to the rule for 

coating operations, units subject to a 

,more stringent standard, and units 

Page 1 of 3 
Ithat have an uncontrolled potential J 

emit less than the allowable emissions. The amendment will also 

correct citations in the rule that refer 

to construction permit exemptions 

found in 10 CSR 10-6.061 . 

* 10 CSR 10-5.381 (amendment) OnBoard Diagnostics Motor Vehicle 

Emissions Inspection . 

This proposed amendment will clarify 

the exemption, inspection station, 

vehicle inspection and waiver requirements of the inspection/maintenance program rule 

in the St. Louis Ozone Nonattainment 

Area Some of these clarifications 

have been requested by the Missouri 

State Highway Patrol, who is involved 

in the oversight of 

the emissions inspection stations. 

This amendment will also define and 

exempt specially constructed 

vehicles (including kit-cars) to make 

the rule consistent with current 

practices. 

* 10 CSR 10-6.061 (amendment) 

Construction Permit Exemptions 

This proposed rule amendment will 

add an exemption from construction 

permits for the construction of 

temporary storage structures 

throughout the state of Missouri that 

occur as a result of exceptional 

events (e.g . natural disasters or 

abundant harvests exceeding 

available storage capacity). 

* 2008 Eight-Hour Ozone Standard 

Boundary Recommendation 

On March 12, 2008, the United States 

Environmental Protection Agency 

(EPA) released a new 8-hour ozone 

standard . Release of this standard 

started a time clock with a deadline 

of March 19, 2009 for the governor of 

the State of Missouri to submit a 

recommendation as to which areas of 

the state should be designated nonattainment (not meeting_ the 

standard) for the new ozone 

standard . Under the new ozone 

standard, an area is designated nonattainment if its three year design 

value is greater than 75 parts per 

billion. 

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.html. 

Persons with disabilities requiring 

special services or accommodations 

to attend the meeting can make 

arrangements by calling the department directly at (573) 526-4679, the 

departments toll free number at 

(800) 334-6946, or by writing two 

weeks In advance of the meeting to : 

Missouri Department of Natural Resources, Air Conservation Commission Secretary, PO. Box 176, Jefferson City, MO 65102. Hearing 

impaired persons may contact the 

program. through Relay Missouri, 

(800) 735-2966 . 

The commission holds public 

hearings under the provisions of 

chapter 643, RSMo. Citizens wishing 

to speak at the public hearing should 

notify the secretary to the Missouri 

Air Conservation Commission, Missouri Department of Natural Resources, Air Pollution Control Program, P.O. Box 176, Jefferson City, 

Missouri 65102-0176, or telephone 

(573) 526-4679 . The department reLuests persons Intending to give I 
4".rbal presentations also provide 4-

written copy of their testimony to the 

commission secretary at the time of 

the public hearing. The department 

also will accept written or email comments for the record until 5 p.m . on 

December 11, 2008; please send two 

copies of written comments to Chief, 

Operations Section, Air Pollution 

Control Program, FO. Box 176, 

Jefferson City, MO 65102-0176 . 

F-mail comments regarding rule actions shall be sent to 

apcpruiespn@dnr.mo.gov and email 

comments regarding plan actions 

shall be sent to 

apcpsppn@dnr.mo.gov. All written 

and . small comments and public 

hearing testimony will be equally 

considered. 

Public hearing items may be adopted 

by the Missouri Air Conservation 

Commission as provided for under 

authority of 643.050, RSMo. For 

more information or a complete 

meeting agenda, Including Items 

being presented for adoption, 

contact the Missouri Department of 

Natural Resources' Air Pollution 

Control Program at (573) 751-t817. 

iN.T Nov. 6, 2008 , 
PUBLIC HEARING 12/4/2008 

1 

2 

3 

4 BEFORE THE DEPARTMENT OF NATURAL RESOURCES 

STATE OF MISSOURI 

5 

6 

7 Missouri Air Conservation Commission 

Governor's Office Building 

8 Room 450 

200 Madison Street 

9 Jefferson City, Missouri 

10 

11 

Public Hearing 

12 

December 4, 2008 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

MIDWEST LITIGATION SERVICES 

www.midwestlitigation .com Phone: 1.800 .280.3376 Fax: 314.644 .1334 
PUBLIC HEARING 12/4/2008 

1 

2 BEFORE THE DEPARTMENT OF NATURAL RESOURCES 

. STATE OF MISSOURI 

3 

4 

5 Missouri Air Conservation Commission 

Public Hearing 

6 Governor's Office Building 

Room 450 

7 200 Madison Street 

Jefferson City, Missouri 

8 December 4, 2008 

9 

10 COMMISSION MEMBERS PRESENT : 

11 Mark Fohey, Chairman 

Jack Baker 

12 Kevin Rosenbohm 

Mark Garnett 

13 Gary Pendergrass 

Richard Rocha 

14 Ron Boyer 

15 

16 

17 

18 

19 

20 

21 REPORTED BY : 

Patricia A . Stewart, CCR 401, RMR, RPR 

22 Midwest Litigation Services 

3432 Truman Boulevard, Suite 207 

23 Jefferson City, Missouri 65109 

(573) 636-7551 

24 

25 

Page 3 

MIDWEST LITIGATION SERVICES 

www.midwestlitigation .com Phone: 1.800 .280 .3376 Fax: 314.644.1334 
PUBLIC HEARING 12/4/2008 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

P R 0 C E E D I N G S 

CHAIRMAN FOHEY : Okay . At this point we'll 

open the public hearing portion of the meeting. 

The hearing will come to order . Let the 

record show the following Commissioners are present : Mark 

Fohey, Jack Baker, Kevin Rosenbohm, Mark Garnett, Gary 

Pendergrass, Richard Rocha and Ron Boyer . 

The Air Conservation Commission of the State 

of Missouri has called this public hearing pursuant to 

Section 643 .070, Revised Statutes of Missouri, EPA 

promulgated rule 40 CFR 51 .102 for the purpose of hearing 

testimony relating to : 10 CSR 10-5 .290 (rescission) More 

Restrictive Emission Limitations for Particulate Matter in 

the South St . Louis Area ; 10 CSR 10-6 .400 (amendment) 

Restriction of Emission of Particulate Matter from 

Industrial Processes ; 10 CSR 10-5 .381 (amendment) On-Board 

Diagnostics Motor Vehicle Emissions Inspection ; 

10 CSR 10-6 .061 (amendment) Construction Permit 

19 Exemptions ; 2008 8-Hour Ozone Standard Boundary 

20 Recommendation . 

21 The hearing record will close at 5 :00 p .m ., 

22 December 11, 2008 . 

23 Anyone who has not been scheduled to appear 

24 but who wishes to be heard should indicate that you wish 

25 to speak on the sign-in sheets available at the door . 

MIDWEST LITIGATION SERVICES , 

www.midwestlitigation .com Phone : 1.800 .280.3376 Fax: 314.644 .1334 
PUBLIC HEARING 12/4/2008 

1 Jefferson City News Tribune and posted on the Department 

2 of Natural Resources' website. 

3 Notice of this public hearing was mailed to 

4 approximately 300 citizens, organizations, corporations, 

5 associations and elected officials . I submit that-.list 

6 for the record . . 

7 In addition, I have for the record the 

8 certified mail receipts from four of the local air 

9 pollution control agencies, as well as copies of receipts 

10 from the U .S . Environmental Protection Agency and the 

11 states of Illinois and Kansas . 

12 Chairman, this concludes my testimony . 

13 CHAIRMAN FOHEY: Mark Leath . 

14 (Mr . Leath sworn in .) 

15 MR . LEATH : Mr . Chairman, members of the 

16 Commission, my name is Mark Leath. I am employed with the 

17 Department of .Natural Resources' Air Pollution Control 

Program as an environmental engineer . I work at 1659 East 

19 Elm Street in Jefferson City, Missouri . 

20 I am here to present testimony for a 

21 proposed rescission to State Regulation 10 CSR 10-5 .290, 

22 More Restrictive Emission Limitations for Particulate 

23 Matter in the South St . Louis Area . 

24 The rescission begins on page 123 of the 

25 briefing document . 

Page 6 

MIDWEST LITIGATION SERVICES 

www.midwestlitigation .com Phone: 1.800 .280 .3376 Fax: 314.644 .1334 
YUtSl.ll: rir.AKllVlr l-r/avvo 

- Page 8 

_ Chairman, this concludes my testimony on 

2 the proposed rescission of 10 CSR 10-5 .290, unless there 

3 are any questions . 

CHAIRMAN FOHEY: Any questions for Mark? 

5 MR . LEATH: Thank you. 

6 CHAIRMAN FOHEY : Thank you, Mark . 

7 Okay . For restriction of emission of 

8 particulate matter from industrial processes, Katy Holmer . 

9 (Ms . Holmer sworn in .) 

13 environmental specialist with the Missouri Department of 

14 Natural Resources' Air Pollution Control Program located 

15 at 1659 East Elm Street in Jefferson .City ; Missouri . 

16 I am here to present testimony on the 

17 proposed amendment to 10 CSA 10-6 .400, Restriction of 

18 Emission of Particulate Matter from Industrial Processes, 

19 which is also known as the process weight rule . 

20 The proposed amendment can be found 

21 beginning on page 129 of the briefing document . 

22 The purpose of this rule is to restrict 

23 emissions of particulate matter from any operation, 

24 process or activity . 

25 The proposed amendment is the result of 

, MIDWEST LITIGATION SERVICES 

www.midwestlitfgation .com Phone: 1 .800.280.3376 Fax: 314.644.1334 
,_ . 

MISSOURI 

REGISTER 

t 

rul 

wh 

the 

the t 

rulem 

er with 

any sec 

been cha 

rulemakin 

than thirty 

sion to the 

T 

he agen 

he gener 

support of or o 

summary of the 

held in connectio 

cise summary of 

merits of any su 

opposed in whole o 

(90)-day period duriri 

rulemaking for public 

either: 1) after the he 

held ; or 2) at the end of 

to the agency. During th 

the secretary of state the 

the proposed rule into effe 

or withdrawing the propose 

is section will contain the final text of the rules propose 

by agencies . The order of rulemaking is required to c i -

a citation to the legal authority upon which the orde of 

making is based; reference to the date and page or p es 

e the notice of proposed rulemaking was publish d in 

'ssouri Register, an explanation of any change b een 

of the rule as contained in the notice of pr posed 

ing and the text of the rule as finally adopte togethhe reason for any such change; and the f_ II text of 

n or subsection of the rule as adopted hich has 

ged from that contained in the notice proposed 

The effective date of the rule shall be not less 

0) days after the date of publicati of the revide of State Regulations. 

is also required to make a br ef summary of 

I nature and extent of comm ts submitted in 

position to the proposed r e~ and a concise 

testimony presented at t e hearing, if any, 

with the rulemaking, t gether with a cone agency's findings ith respect to the 

testimony or c mments which are 

in part to the pro osed rule . The ninety 

which an age y shall file its order of 

tion in the ssouri Register begins 

ring on the proposed rulemaking is 

e time fo submission of comments 

period the agency shall file with 

rder f rulemaking, either putting 

wi or without further changes, 

r e. 

Title 9-DEPARTME 

Division 10-Director, 

Chapter 5-Gen 

By the authority vested i 

Health under sections 

RSMo 2000, and secti 

RSMo Supp. 2008, 

A notice of prop 

amendment wa 

2009 (34 Mo 

the proposed 

amendment 

Code of Sta 

the director o 

30.135, 630.16 

s 630.050, 630.16 

director amends a 

eport of Complaints of 

of Funds/Property is am 

MENTAL HEALTH 

ment of Mental Health 

gram Procedures 

sed rulemaking containing the t 

published in the Missouri Regis 

g 12-14) . No changes have been m 

nendment, so it is not reprinted here) 

omes effective thirty (30) days after pu 

e Regulations . 

the Department of Mental 

630.655, and 630.705, 

, 630.167, and 630.170, 

e as follows : 

Y OF COMMENTS: The Department of M 

ie (L) comment on the proposed amendment. 

t of the proposed 

r on January 2 

de in the text of 

This proposed 

lication in the 

ENT: Wendy Sullivan of the Missouri Coali 

pmental Disabilities requested that the department c 

ing, "the allegation results in an investigation, the head 

ity] agency sliall make reasonable arrangements with resp 

alleged perpetrator to assure the safety of all of the [facili 

ency's consumers . Such arrangements may include, but are 

mited to, leave with or without pay[,J or transfer to a positi 

here there is no client contact" to "Such arrangements may includ 

Orders of RulemaKing 

74 

si 

RE 

ring t 

is cons 

there is n 

arrangeme 

wording " 

includes a des 

for an alleged 

while allowing tha 

which are listed. N 

of the comment . 

ut are not limited to or required to include, leave with or leave 

t pay [,) or transfer to a position where there is constant su 

if there is client contact required". (See 9 CSR 10-5 .20 

ONSE: The comment requests amending the 1 

a transfer of an alleged perpetrator to a position 

t supervision, rather than a transfer to a po 

client contact. In fact, the rulemaking lang 

are not limited to the listed arrang 

include, but are not limited to ." 

iption of the more restrictive w,~ 

trator in order to assure th 

the rule does not limit suc 

changes have been 

Title 9-DEP 

Division 10-Director; 

Chapter 5-Gene 

MENTAL HEALTH 

ment of Mental Health 

Program Procedures 

By the authority vested V the director f the Department of Mental 

Health under sections (30.050 and 63367, RSMo Supp. 2008, the 

director adopts a rule As follows : 

9 CSR 1.6-5.230 Hearing Procedure\is adopted. 

A notice of pr sed rulemaking containing the t of the proposed 

rule was pu shed in the Missouri Register on Ja ary 2, 2009 (34 

MoReg 14 6) . No changes have been made to the ext of the proposed ru , so it is not reprinted here . This proposed ule becomes 

effectiv thirty (30) days after publication in the C 64e of State 

Regu ions . 

SUMMARY OF COMMENTS: No comments were receive 

Title 10-DEPARTMENT OF NATURAL RESOURCES 

Division 10-Air Conservation Conunission 

Chapter 5-Air Quality Standards and Air Pollution 

Control Rules Specific to the St . Louis Metropolitan 

Area 

ORDER OF RULEMAKING 

April 15, 2009 

vol . 34, No. 8 

w, 

rvi- 

)(B)) 

e referere there 

tion where 

e allows that 

ents with the 

e rule language 

king environment 

'safety of consumers, 

arrangements to those 

to the rule as a result 

By the authority vested in the Missouri Air Conservation 

Commission under section 643.050, RSMo 2000, the commission 

rescinds a rule as follows : 

10 CSR 10-5 .290 More Restrictive Emission Limitations for 

Particulate Matter in the South St . Louis Area is rescinded . 

A notice of proposed rulemaking containing the proposed rescission 

was published in the Missouri Register on October 1, 2008 (33 

MoReg 1805-1806). No changes have been made in the proposed 

rescission, so it is not reprinted here. This proposed rescission 

becomes effective thirty (30) days after publication in the Code of 

State Regulations . 

SUMMARY OF COMMENTS: No written or verbal comments 

were received concerning this proposed rescission during the public 

comment period . 
April 15, 2009 

Vo1.3 4, No. 8 Missouri Register Page 781 

storage at minor sources not otherwise subject to the prevention of 

significant deterioration (PSD), Part D (nonattainment) and section 

112(g) major source permitting programs . 

how Missouri interprets potential-to-emi 

waivers, no-permit-required decisions, 

Tide V permits; any permit exemp 

tion by EPA. Therefore, the dep 

that minor sources are not jeop 

ity standards (NAAQS) and 

to review ambient impac 

RESPONSE: This pro 

age projects (at 

would not trigger 

6.061 subsectio 

ing major sou, 

no wording 

the uncertainty in 

grant preconstruction 

:d potentially misclassifying 

is viewed with extreme cauent has an obligation to ensure 

izing the national ambient air qual- 

(buld have adequate procedures in place 

'sed exemption only exempts temporary s 

handling, storage, or drying facilitie that 

idor permit reviews, as established in 10 SR 10- 

1)(B). This exemption would not apply an existproposing to install temporary sto . Therefore, 

es have been made to the propos rulemaking as 

a result ofifhis comment. ' 

COMMENT #3: In the proposed iul 

(3)~A)2.E .(II)(c), EPA is concerned that 

dlnt or other threshold to know when th 

vision is unenforceable as a prac, 

intends to not require permitti 

should not limit the exemption 

RESPONSE: There is no 

exemption is based on poential emissions of the proposed temporary 

structure. The only events in the grain industry that warrant temporary storage are exce~ptionaI events . In the grain business, grain is not 

typically stored 1qng term on site unless there is an unusual occurrence which ca~es exceedance of available storage capacity. This 

exemption stes from an abundant harvest a hurricane at a time 

when grainpandling facilities were forced store grain rather than 

ship/sell it.~ It necessitated a quick re nse from the department. 

The grain industry, who this exempti applies to, does not benefit 

from storage of grain and attempts minimize the storage and emissions. Therefore, air quality isot impacted by these temporary 

structures . No wording chan been made to the proposed rulemaking as a result of this co, 

COMMENT #4:' In the proposed rule changes for item 

(3)(A)2.E .(II)(c)III ., nual mass caps, without appropriate methods 

for calculation and tenuon of records to demonstrate the source is 

eligible, are unenf ble, cannot be used to limit potential-to-emit 

for purposes of avoiding major source review, and are not SIP 

approvable . 

RESPONSE Jl'he rule is based on the potential-to- 't of the project 

rather than/an annual mass cap on a facility. mentioned in the 

response to-Comment #2, the exemption is allowed if the project 

would require a major permit . Therefo no wording changes have 

been made to the proposed rulemakin a result of this comment. 

COMMENT #5 : If a temporary 

existing major stationary sourc, 

the source could be in violati 

emissions from particul 

ten (10) micrometer ae 

exceed twenty-five (25, 

tively. The rule sho 

methods for cal 

Comment #4) 

sources. 

RESPONS : As mentioned in the response to Comment #2, if the 

project was at an existing major source and would require a PSD permit, the exemption would not apply. Therefore, no wording changes, 

have been made to the proposed ruleinaking as a result of this comment . . 

/ changes for subpart 

th no definition for abune exemption applies, the procal matter. Also, if Missouri 

r such . storage facilities, then it 

exceptional events or emergencies. 

rage facility was constructed at an 

; which is not prohibited by the rule, 

of the PSD requirements because the 

r (PM) and particulate matter with 

ynamic diameter or less (PMIO) would 

and fifteen (15) tons per year (tpy), respeceither limit the allowable emissions increase 

igmncance tnresnoias (ana mcniae appropriate 

ation and retention of records as discussed in 

otherwise limit the increase to existing minor 

COMMENT #6: In the proposed rule changes for item 

(3)(A)2 .E.(II)(c)IV , without a case-by-case demonstration or a 

NAAQS demonstration on a typical model installation, there is no 

as 

sucance th installations can demonstrate compliance with the 

NAAQS PM, PM1o, or particulate matter with an aerodynamic 

diame less than or equal to a nominal two one-half (2 .5) 

mic meters (PM2.5), in particular at the prop 100 tpy exemption 

eshold. Therefore, the exemption should t a minimum, specify a 

'suite of best management practices in that a source must use 

to minimize dust during all periods of ration. 

RESPONSE: The exemption rule dy incorporates requirements 

on the storage facilities to emissions during operations, 

such as, type of floor}ng, 

K 

c required, and loading requirements of existing buildings. erefore, no wording changes have been 

made to the proposed rulemaking as a result of this eomment. 

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 RULEMAIONG 

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 10-6.400 Restriction of Emission of Particulate Matter 

From Industrial Processes is amended. 

A notice of proposed rulemaking containing the text of the proposed 

amendment was published in the Missouri Register on October 15, 

2008 (33 MoReg 1870). 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 comments on the proposed rule from two (2) sources: The Boeing 

Company and the U.S . Environmental Protection Agency (EPA). 

COMMENT #1: The Boeing Company spoke in support of the proposed amendment at public hearing . Boeing was a participant in the 

workgroup that reviewed the present process weight rule and developed the proposed amendment. Boeing appreciates the new exemptions and is not aware of any facility in the state that has violated this 

rule. Boeing welcomes the additional exemptions and feels that the 

exemptions will eliminate the need to perform engineering calculations to show that it is physically impossible for their units to exceed 

the limits contained in the rule. 

RESPONSE: The department's Air Pollution Control Program 

appreciates Boeing's participation in the workgroup and their support . No wording changes have been made to the proposed rulemak- . 

ing as a result of this comment. 

COMMENT #2: The EPA requested that a demonstration be provided showing that the addition of the new exemption for coating operations to the rule will not adversely impact ambient air. 

RESPONSE: The demonstration that this new exemption will not 

adversely impact ambient air will be provided to EPA when the rule 

is submitted to EPA to replace the current rule in the Missouri State 

Implementation Plan. No wording changes have been made to the 

proposed rulemaking as a result of these comments .