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

# DEPARTMENT OF NATURAL RESOURCES

MISS STATE oF_

www .dnr.mo.gov 

# JUN 10 213PL; Mr . WilliamW

. 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 ofby-product coke ovens located at 526 East Catalan St. The location of the coke ovens which is referenced has been out ofbusiness and inoperable since 1988. The rule also set requirements for the restriction offugitive 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 By removing this outdated rule, the Code ofState Regulations will become less confusing and cumbersome. 10CSR 10-5.381 (amendment) On-Board Diagnostics Motor Vehicle Emissions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 ofthese clarifications have been requested by the Missouri State Highway Patrol, who is involved in the oversight ofthe 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 fromconstruction 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 fromIndustrial Processes The proposed amendment will add new exemptions to the rule for coating operations, units subject to amore 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 ofthe 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 ofplan completeness per 40 CFRPart 51, Appendix V

. The Missouri Department ofNatural Resources requests that the U .S. Environmental Protection Agency amend the SIP to remove rule 10 CSR 10-5.290fromthe SIP, include rule 10CSR 10- 5.381 in the SIP, and replace rules 10CSR 10-6.061 and 10 CSR 10-6.400in the SIP with the amended rules. Thank you for your attention to this matter. Ifyou have any questions regarding this submittal, please contact DavidJ. Lamb, with the Department's Air Pollution Control Programat P.O . Box 176, Jefferson City, MO65102 or by phoneat (573) 751-4817. Sincerely,

JLK :rjs Enclosures: Copy ofrules published in CSR Copy ofcommission signaturepages certifying Missouri Air Conservation Commission adoption Copy oftechnical support documentation for rules (if applicable) Copies of public hearing newspaper notices Copy of public hearing transcript introductory statements Copy of MOReg order ofrulemakings with comments/responses c: Missouri Air Conservation Commission

## Chapter 5-Air Quality Standards andAirPollution Control Rules

Specificto the St. Louis MetropolitanArea

in any circular area with a (2) miles fromwhichthe 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 airqualitycontrol 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 CSR10-5.250 T1m

6Schedule 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

: FcledApril 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 emergencybasis 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 fromsources of air pollution ate, period ofemission and com- 'ofeffluent andto 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 FromAerospace 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 AirActAmendments 1990 . PUBLISHER'SNOTE: 7yce pub Eation of the full tert of the material t the adopting agency has incorporated reference in this rule would be unduly cu

J~ ersome or ezpensiue. Therefore, the ~ te .zt of that material will be made aHaila to arry interested personat both the ce oftheSecretaryofState

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 CSR10-5.280New

Source Perfo Regulation (Rescinded April 11, 1980) AUTHORITY section 203 .05 Original rule filed Dec

. 1, Dec . 29, 1975. Resci . 1979, effectiveApril 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_ airqualitystandards, ifthe statestandards 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

: FiledAug. 21, 2008, effective May 30, 2009

. CODE OF STATE REGULATIONS 

## L 10CSR10 .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 specialtycoatings 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 aerospacecomponentfor purposes of creating a form-in-place seal ; and 2 . Caulking and smding 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

AirPollution Control Regulations forthe 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 . Theowner 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 ofthe time periods forwhich operatin onditions andpollutant 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, amended19T1, 1992, 1993, 1995

. 10 CSR10-6.400Restriction of Emission of Particulate Matter IiYom Industrial Processes PURPOSE

: This regulation restrictsthe emission ofparticulate matter in thesource 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 .070would 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, andclassifying operations at a rock quarry; 3. The receiving and shipping of whole grain fromi5r 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 fromconstruction 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 CSR10-6 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. Anyparticulate matter emission unit that is subject to a federally enforceable requirement to install, operate, and maintain a particulate matter control device systemthat 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 eventthat other rules inTitle 10 Code ofState 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 ofthat 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 ofany 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, ajobbing 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 CSR10-6-DEPARTMENTOF 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 ironjobbing 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) ofthis rule, no person shall cause, suffer, allowor 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 ofparticulate 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 determ ining 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 1,000,000or 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 ofparagraph (3)(A)2. ofthis 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. ofthis rule, no person shall cause, allowor 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 ofall particulate matter in the dryer discharge gases. (4) Reporting and Record Keeping . All records of any tests performed to determine theamount ofparticulate matter emittedfrom a unit shall be kept on-site and available for inspectionforfive (5)years following thetest 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, effectiveAug. 30, 2000

.Amended

: Filed Dec

. 22, 2000, effective Sept. 30, 2001 . Amended : FiledSept. 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 forcompanies to acqui ic development in 643 .220, RSMO

. needfor this tion 536 .0, RSMo. and 'es a mechanism offsets for economcordance with section evidence supponingthe posed rulemaking, per secRSMo, is section 643 .220, PU LISHER'S NOTE: Tihe secretary ofstate has determined that the publication of the entire text ofthe material which is incorporated by reference as a portion of this rule would be unduly cumbersome or Therefore, the material whic, rated is onfilewith thea, rule, andwith the Offi State . Any intereste material at either, the same will b of the Secre, exceed ac entire t note ensive. so incorpoiy whofiled 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, availableto 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 operatingpermit as specified 174 CODE OF STATE REGULATIONS (4130/09) RoaiN CAreNAHAN Secretary ofState

## 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 isEmission 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

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## , Member

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## , 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 AMENDEDby the Missouri Air Conservation Commission this 3rd dayof February, 2009 .

, Chairman

, Vice-Chairman



## -E- 1 , Member

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# C

entral ; M'o

., Ne~wspapers;~ Inc

., ~ CLASSIFIED ;~ewsTribune

¬" JFulton Sun t .Califi~rniaDemocrat,-' 

# DEPARTMENT

"°=r=tP`OE~()Xd20, JFF'FERSOT~i ;f' .ITY;ttilISSniTRI^65102 ; 

## 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 maggiew@newstribune .com Fax: (573) 634-7433 Class. : 9700 Public Notices Start Date: 11/06/2008 End Date: 11/06/2008 Nb. -of 1 PO#: ' Printed By: MAGGIE Publications: News Tribune Paid Amount: $0.00 Balance: $263.00 Total Price: 

## 263.00

~MISSOURI AIRCONSERVATION ~

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 . LouisArea, Restriction of Emission of Particulate Matter fromIndustrial 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 LouisArea 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 fromIndustrial 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 3Ithat 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 theoversight 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 new8-hour ozone standard. Release of this standard started a time clock with a deadline of March 19, 2009for 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 programweb 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 I4" .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 LITIGATIONSERVICES www .midwestlitigation.com Phone: 1 .800.280 .3376 Fax: 314.644.1334PUBLIC 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 LITIGATIONSERVICES www .midwestlitigation.com Phone: 1 .800.280.3376 Fax: 314.644.1334YUtSl .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 LITIGATIONSERVICES 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 gener he 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 theend of to the agency. During th the secretary of state the the proposed rule into effe or withdrawing the propose is section will contain thefinal text of therules 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; referenceto the date and page or p es e the notice of proposed rulemaking was publish d in 'ssouri Register, an explanation of anychange b een of the rule as contained in the notice of pr posed ing and thetext 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 fromthat 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, andsecti RSMo Supp

. 2008,

A notice of prop amendment wa 2009 (34 Mo the proposed amendment Code ofSta 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 gramProcedures

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 noclient 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 whileallowing 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 9CSR10-5.20 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 limitsuc changes have been Title 9-DEP Division 10-Director; Chapter 5-Gene MENTAL HEALTH ment of Mental Health ProgramProcedures By the authority vested V the director f the Department of Mental Health under sections (30.050and 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 ORDEROF 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. howMissouri interprets potential-to-emi waivers, no-permit-required decisions, Tide Vpermits; any permit exemp tion by EPA

. Therefore, the dep that minorsources arenotjeop ity standards (NAAQS)and to review ambient impac RESPONSE: This pro age projects (at wouldnot 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 thenational ambientairqual- (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), EPAis concerned that dlnt or other thresholdto 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 emissionsof the proposed temporary structure . The only events in the grain industry that warrant temporary storage areexce~ptionaI events. In thegrain business, grain is not typically stored 1qng termon site unless there is an unusual occurrence which ca~es exceedance of available storage capacity. This exemption stes froman abundant harvest ahurricane at atime when grainpandling facilities were forced store grain rather than ship/sell it.~ It necessitated a quick re nse fromthe department. The grain industry, who this exempti applies to, does not benefit from storageofgrainandattempts minimize the storage and emissions. Therefore, air quality isot impacted by these temporary structures. No wording chan been made to theproposed rulemaking as aresult 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. RESPONSEJl'he rule is basedon thepotential-to- 't of theproject 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 atemporary existing major stationary sourc, the source could be in violati emissions fromparticul 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 PSDpermit, the exemption would not apply. Therefore, no wording changes, have been made to the proposed ruleinaking as a result ofthis com. ment . / changes for subpart th no definition for abune exemptionapplies, 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 assucance 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, theexemption should ta minimum, specifya that asource must use 'suite ofbest management practices in 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, c required, and loading requireK no ments of existing buildings . erefore, wordingchanges have been made to the proposed rulemaking as aresult of this eomment. Title 10-DEPARTMENT OF NATURAL RESOURCES Division 10-Air Conservation Commission Chapter 6-Air Quality Standards, Definitions, Sampling andReference 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 arule as follows: 10 CSR10-6

.400Restriction of Emission of Particulate Matter FromIndustrial Processes is amended. Anotice ofproposed 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 theproposed amendment, so it is not reprintedhere. This proposed amendment becomeseffectivethirty (30) days after publication in the Code ofState Regulations. SUMMARY OF COMMENTS: The Missouri Department of Natural Resources' Air Pollution Control Programreceived 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 newexemptions 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 performengineering calculations to showthat 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 newexemption will not adversely impact ambient air will be provided to EPAwhen 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.