STATE OF MISSOURI Jeremiah W Uay) Nixon, Governor. Sara Parker Pauley, Direcror 

DEPARTMENT OF NATURAL RESOURCES 


I www. dnr.m o.gov 

OCT 2 2013 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

11201 Renner Boulevard 

Lenexa, KS 66219 

Dear Mr. Brooks: 

The Missouri Air Conservation Commission has recently revised or promulgated 

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

following is enclosed for your review: 

10 CSR 10-6.390 Control of NOx Emissions From Large Stationary Internal 

Combustion Engines 

This amendment will correct the words "a kiln" to "an engine" found in 

subsection (3)(F). This rulemaking will also remove definitions in this rule that 

can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables. 

The commission adopted the enclosed rule action(s) on June 27, 2013, after 

considering comments received at public hearing and throughout the open public 

comment period. The commission has full legal authority to develop rules 

pursuant to Section 643.050 of the Missouri Air Conservation Law. The state 

followed all applicable administrative procedures in proposing and adopting the 

rule action(s). Enclosed are the required SIP submittal elements for determination 

of plan completeness per 40 CFR Part 51, Appendix V. 

The Missouri Department ofNatural Resources requests that the U.S. 

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

the SIP. 

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

duplicate of this submittal is also being provided as an electronic attachment in an 

email to the Region VII Missouri coordinator. 

o It\'nd"dl'rllk" 
Mr. Karl Brooks 

Page Two 

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

this submittal, please contact Wendy Vit, with the Department's Air Pollution 

Control Program at P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 

751-7840. 

Sincerely, 

AIR POLLUTION CONTROL PROGRAM 

wJ-y VI 0­

Kyra L. Moore 

Director 

KLM:pmc 

Enclosures: 

Copy of rule published in CSR 

Copy of commission signature page certifYing Missouri Air Conservation 

Commission adoption 

Copy oftechnical support documentation for rule (if applicable) 

Copies of public hearing notices 

Copy of public hearing transcript introductory statement 

Copy ofMO Reg proposed rulemaking 

Copy ofMO Reg order of rule making with comments/responses 

Mark-Up of Existing Federally-Approved State Regulation(s) 

c: Missouri Air Conservation Commission 
C. For preheater kilns—4.1 pounds of

NOx per ton of clinker produced, averaged

over the period from May 1 through September 30 of each year.

D. For preheater/precalciner kilns—

2.7 pounds of NOx per ton of clinker produced, averaged over the period from May 1

through September 30 of each year; or

5. The findings of a case-by-case study

committed to and conducted by the owner or

operator and approved by the staff director,

and incorporated into the federally approved

SIP, taking into account energy, environmental, and economic impacts and other costs to

determine an emission limitation that is

achievable for the installation through application of production processes or available

methods, systems and techniques, including

fuel cleaning or treatment or innovative fuel

combustion techniques for control of NOx.

(B) To meet the requirements of paragraph

(3)(A)3. or (3)(A)5. of this rule, the owner or

operator may take into account as a portion of

the required NOx reductions, physical and

quantifiable measures to increase energy efficiency, reduce energy demand, or increase

use of renewable or recoverable fuels.

(C) Excess Emissions During Start-Up,

Shutdown, or Malfunction. If the owner or

operator provides notice of excess emissions

pursuant to state rule 10 CSR 10-

6.050(3)(B), the director will determine

whether the excess emissions are attributable

to start-up, shutdown or malfunction conditions, pursuant to rule 10 CSR 10-

6.050(3)(C). If the director determines that

the excess emissions are attributable to such

conditions, and if such excess emissions

cause a kiln to exceed the applicable emission

limits in this rule, the director will determine

whether enforcement action is warranted, as

provided in rule 10 CSR 10-6.050(3)(C). If

the director determines that the excess emissions are attributable to a start-up, shutdown,

or malfunction condition and does not warrant enforcement action, those emissions

would not be included in the calculation of

ozone season NOx emissions. 

(4) Reporting and Record Keeping.

(A) Reporting Requirements. The owner

or operator of a kiln subject to this rule shall

comply with the following requirements:

1. By May 1, 2007, the owner or operator shall submit to the staff director the identification number and type of each unit subject to this rule, the name and address of the

plant where the unit is located, and the name

and telephone number of the person responsible for demonstrating compliance with this

rule;

2. The owner or operator shall submit to

the staff director by October 31 of each year,

beginning in the year 2007, an annual report

documenting for that unit:

A. The emissions, in pounds of NOx

per ton of clinker produced from each affected Portland cement kiln during the period

from May 1 through September 30;

B. The results of any performance

testing; and

C. Cement kiln clinker production, in

tons, from May 1 through September 30; and 

3. If the owner or operator elects to

comply with paragraph (3)(A)3. or (3)(A)5.

of this rule, the owner or operator will supply, starting April 2008, the staff director

with a report as specified in the compliance

plan.

(B) Record Keeping Requirements.

1. Any owner or operator of a unit subject to this rule shall produce and maintain

records, which shall include, but are not limited to the results of any initial performance

test, the results of any subsequent performance tests, the date, time and duration of

any start-up, shutdown or malfunction in the

operation of any of the cement kilns or the

emissions monitoring equipment, as applicable.

2. If an owner or operator elects to use

subsection (3)(B) of this rule as part of the

compliance plan, the owner or operator must

retain records as agreed to in the approved

compliance plan.

3. Daily cement kiln clinker production

in tons per day.

4. Any applicable monitoring data.

5. All records required to be produced

or maintained shall be retained on-site for a

minimum of five (5) years and made available

upon request.

(C) Monitoring Requirements.

1. An owner or operator complying with

paragraph (3)(A)1. or (3)(A)2. of this rule

shall maintain and operate the device according to the manufacturer’s specifications as

approved by the permitting agency. The monitoring shall:

A. Include parameters indicated in the

manufacturer’s specifications and recommendations for the low-NOx burner or mid-kiln

firing system as approved by the permitting

agency; and

B. Identify the specific operation conditions to be monitored and correlation

between the operating conditions and NOx

emission rate.

2. An owner or operator complying with

paragraph (3)(A)3., (3)(A)4., or (3)(A)5. of

this rule shall complete an initial performance test by May 1, 2007 and subsequent

performance tests, on an annual basis, consistent with the requirements of section (5) of

this rule.

3. An owner or operator may comply

with the requirements in paragraph (4)(C)1.

through the use of an alternative compliance

method approved by the staff director and

incorporated in the federally approved SIP.

4. Any deviation from the operating

conditions or specifications, which result in

an increase in NOx emissions, established in

this paragraph constitute a violation of this

rule, unless the owner or operator demonstrates to the satisfaction of the director that

the deviation did not result in an increase in

NOx emissions.

(5) Test Methods. NOx emission level testing

shall use one (1) of the following methods as

specified by 40 CFR part 60 Appendix A—

Reference Methods:

(A) Method 7—Determination of Nitrogen

Oxide Emissions from Stationary Sources;

(B) Method 7A—Determination of Nitrogen Oxide Emissions from Stationary

Sources—Ion Chromatographic Method;

(C) Method 7C—Determination of Nitrogen Oxide Emissions from Stationary

Sources—Alkaline-Permanganate/Colorimetric Method;

(D) Method 7D—Determination of Nitrogen Oxide Emissions from Stationary

Sources—Alkaline-Permanganate/Ion Chromatographic Method; or

(E) Method 7E—Determination of Nitrogen Oxide Emissions from Stationary

Sources (Instrumental Analyzer Procedure).

AUTHORITY: section 643.050, RSMo

2000.* Original rule filed Feb. 14, 2005,

effective Oct. 30, 2005.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995.

10 CSR 10-6.390 Control of NOx Emissions

From Large Stationary Internal Combustion Engines

PURPOSE: This rule reduces emissions of

oxides of nitrogen (NOx) to ensure compliance with the federal NOx control plan to

reduce the transport of air pollutants. This

rule establishes emission levels for large stationary internal combustion engines. The evidence supporting the need for this rule, per

section 536.016, RSMo, is the U.S. Environmental Protection Agency NOx State Implementation Plan (SIP) Call dated April 21,

2004.

JASON KANDER (9/30/13) CODE OF STATE REGULATIONS 199

Secretary of State

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and

Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6
(1) Applicability. This rule applies to any

large stationary internal combustion engine

located in the counties of Bollinger, Butler,

Cape Girardeau, Carter, Clark, Crawford,

Dent, Dunklin, Franklin, Gasconade, Iron,

Jefferson, Lewis, Lincoln, Madison, Marion,

Mississippi, Montgomery, New Madrid, Oregon, Pemiscot, Perry, Pike, Ralls, Reynolds,

Ripley, St. Charles, St. Francois, St. Louis,

Ste. Genevieve, Scott, Shannon, Stoddard,

Warren, Washington, and Wayne counties and

the City of St. Louis greater than one thousand three hundred (1,300) horsepower that—

(A) Emitted greater than one (1) ton per

day of NOx on average during the period from

May 1 through September 30 of 1995, 1996,

or 1997; or

(B) Begins operation after September 30,

1997.

(C) Any stationary internal combustion

engine that meets the definition of emergency

standby engine in subsection (2)(C) of this

rule is exempt from this rule.

(D) Any compression ignited stationary

internal combustion engine that begins operation after September 30, 1997, and emits

twenty-five (25) tons or less of NOx during

the period from May 1 through September 30

is exempt from the requirements in subparagraphs (3)(B)3. and (3)(B)4. of this rule but

subject to the record-keeping and reporting

requirements in section (4) of this rule. This

exemption will be based on the previous year

NOx emissions during the period from May 1

through September 30. If the exemption limit

is exceeded, for any reason, the engine will

be required to meet the applicable limits in

subsection (3)(B) of this rule each year thereafter.

(2) Definitions. Definitions of certain terms

used in this rule may be found in 10 CSR 10-

6.020.

(3) General Provisions.

(A) An owner or operator of a large stationary internal combustion engine meeting

the applicability of subsection (1)(A) of this

rule shall calculate the allowable NOx emission rate for each applicable engine using:

ER =(NOx act/UR) × 1.102 × 10-6 × 0.1

where,

ER = the allowable emission rate for each

engine in grams per horsepowerhour;

NOx act= the highest actual NOx emissions, reported in tons per

control period, for the period from

May 1 through September 30 for

one of the years 1995, 1996, or 

1997 based on the best available

emission information for each 

engine; and

UR = the utilization rate in horsepowerhours during the same period as 

NOx act

(B) An owner or operator of a large stationary internal combustion engine meeting

the applicability of subsection (1)(B) of this

rule shall not operate an engine to exceed the

permitted emission rate or the following

emission rate, whichever is more stringent:

1. For rich-burn SI engines 3.0 grams

per horsepower-hour; 

2. For lean-burn SI engines 3.0 grams

per horsepower-hour; 

3. For diesel engines 2.3 grams per

horsepower-hour; or

4. For dual fuel engines 1.5 grams per

horsepower-hour;

(C) An owner or operator of a large stationary internal combustion engine may

choose to establish a facility-wide NOx emissions cap in lieu of compliance with subsection (3)(A) of this rule. If the owner or operator elects to comply with the requirements

of subsection (3)(A), the owner or operator

shall submit a commitment in writing no later

than May 1, 2005, to the director stating the

intent to comply with that subsection. If the

owner or operator commits to comply with

this subsection rather than subsection (3)(A)

of this rule, the owner or operator shall submit the following to the director:

1. The facility-wide NOx emissions

from the year of data that would be used in

subsection (3)(A) of this rule on a unit-byunit basis;

2. The number of tons of NOx emission

reductions that would be required in subsection (3)(A) of this rule on a unit-by-unit

basis;

3. A detailed inventory of all engines

being used to comply with the NOx emission

cap including the:

A. Uncontrolled emission rate of all

engines at the facility;

B. Controlled emission rate for all

engines being controlled under the NOx emissions cap;

C. Capacity of each engine at the

facility; and

D. Utilization rate of each engine at

the facility; and

4. The controlled NOx emissions from

the facility during the control period, May 1

through September 30.

(D) To meet the requirements of subsection

(3)(A) or (3)(B) of this rule, the owner or

operator may take into account as a portion of

the required NOx reductions, physical and

quantifiable measures to increase energy efficiency, reduce energy demand, or increase

use of renewable fuels.

(E) Monitoring Requirements.

1. Any owner or operator meeting the

applicability of section (1) of this rule shall

not operate such equipment unless it is

equipped with one (1) of the following:

A. A continuous emissions monitoring system (CEMS), which meets the applicable requirements of 40 CFR 60, subpart A,

Appendix B, and complies with the quality

assurance procedures specified in 40 CFR

60, Appendix F. The CEMS shall be used to

demonstrate compliance with the applicable

emission limit; or

B. A calculational and record keeping

procedure based upon actual NOx emissions

testing and correlations with operating

parameters. The installation, implementation,

and use of such an alternate calculational and

record keeping procedure must be approved

by the director and EPA and incorporated into

the SIP in writing prior to implementation.

2. The CEMS or approved alternate

monitoring procedure shall be operated and

maintained in accordance with an on-site

CEMS or alternate monitoring plan approved

by the director.

(F) Excess Emissions During Start-Up,

Shutdown, or Malfunction. If the owner or

operator provides notice of excess emissions

pursuant to state rule 10 CSR 10-

6.050(3)(B), the director will determine

whether the excess emissions are attributable

to start-up, shutdown, or malfunction conditions, pursuant to rule 10 CSR 10-

6.050(3)(C). If the director determines that

the excess emissions are attributable to such

conditions, and if such excess emissions

cause an engine to exceed the applicable

emission limits in this rule, the director will

determine whether enforcement action is

warranted, as provided in rule 10 CSR 10-

6.050(3)(C). If the director determines that

the excess emissions are attributable to a

start-up, shutdown, or malfunction condition

and does not warrant enforcement action,

those emissions would not be included in the

calculation of ozone season NOx emissions.

(4) Reporting and Record Keeping.

(A) Reporting Requirements. The owner or

operator subject to this rule or to the exemption in subsection (1)(D) of this rule shall

comply with the following requirements:

1. The owner or operator shall submit to

the director the identification number and

type of each unit subject to this rule or to the

exemption in subsection (1)(D) of this rule,

200 CODE OF STATE REGULATIONS (9/30/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
JASON KANDER (9/30/13) CODE OF STATE REGULATIONS 201

Secretary of State

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and

Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6

the name and address of the plant where the

unit is located, and the name and telephone

number of the person responsible for demonstrating compliance with this rule before May

1, 2007;

2. The owner or operator shall submit

an annual report documenting for each controlled unit or each unit subject to subsection

(1)(D) of this rule the total NOx emissions

from May 1 through September 30 of each

year to the director by November 1 of that

year, beginning in 2007; and

3. The owner or operator of a unit subject to this rule or to the exemption in subsection (1)(D) of 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-Keeping Requirements. Any

owner or operator of a unit subject to this

rule or to the exemption in subsection (1)(D)

of this rule shall maintain all records necessary to demonstrate compliance with this rule

for a period of five (5) years at the plant at

which the subject unit is located. The records

shall be made available to the director upon

request. The owner or operator shall maintain records of the following information for

each 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 or to the

exemption in subsection (1)(D) 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, malfunctions, and the type and

duration of maintenance and repair;

4. The date and results of each emissions inspection;

5. A summary of any emissions corrective maintenance taken;

6. The results of all compliance tests;

and

7. If a unit is equipped with a CEMS—

A. The identification of time periods

during which NOx standards are exceeded,

the reason for the exceedance, and action

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

B. The identification of the time periods for which operating conditions and pollutant data were not obtained including reasons

for not obtaining sufficient data and a

description of corrective actions taken.

(5) Test Methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo Supp.

2012.* Original rule filed Feb. 14, 2005,

effective Oct. 30, 2005. Amended: Filed Aug.

27, 2009, effective May 30, 2010. Amended:

Filed March 13, 2013, effective Oct. 30,

2013.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995, 2011.

10 CSR 10-6.400 Restriction of Emission of

Particulate Matter From Industrial Processes

PURPOSE: This regulation restricts the emission of filterable particulate matter in the

source gas of an operation or activity except

where 10 CSR 10-6.405 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 rule 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 or 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

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 (MHDR) 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. Definitions of certain terms

specified in this rule 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 = 4.10P 0.67

and for process weight rates greater than

60,000 lb/hr:

E = 55.0P 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

__ 

Order of Rulemaking 

Compliant with 643.055 RSMo, the Missouri Air Conservation Commission has 

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

Agency approved State Implementation Plan. 

10 CSR 10-6.390 (amendment) Control of NOx Emissions From Large Stationary 

Internal Combustion Engines, is hereby ADOPTED by the Missouri Air 

Conservation Commission this 2ih day of June, 2013. 

",--'etcC=->o-=:........., ............... C___ < 6 .............. ~~~ _ _ _ ,Chairman


----:7.;t.~"#:....,,-'--.l ~==========--- Vice Chairman 

~_' Member 

, Member 

_____ _ _ _ _ _ ____________, Member 

________________________, Member 

_____________________, lVIember 

Jay Nixon, Governor 

Sara Parker Pauley, Director

Air Pollution Control Program

Rulemakings on Public Notice                                                    

The Missouri Department of Natural Resources filed the following proposed rulemakings with the 

secretary of state's office and comments are being accepted as noted at the end of the proposed 

rulemaking under the Notice of Public Hearing and Notice to Submit Comments heading. To submit 

comments electronically, use the links below the rule or to submit written comments see the address 

below.

10 CSR 10-6.060 (amendment) Construction Permits Required

This proposed amendment will incorporate by reference the U.S. Environmental Protection Agency's 

(EPA's) revisions to plantwide applicability limitations (PALs) for Greenhouse Gas (GHG) emissions 

finalized with Step 3 of the GHG Tailoring Rule. These revisions give facilities subject to GHG permitting 

the option of establishing PALs on a carbon dioxide equivalent basis and documents that EPA is retaining 

the current GHG permitting thresholds, ensuring that GHG permitting requirements continue to apply to 

large sources only. The rulemaking will also remove the EPA’s grandfather provision that allowed certain 

sources to use coarse particulate matter as a surrogate for fine particulate matter during the transition 

to PM2.5 permitting. This administrative change which will update the incorporation by reference date 

for the GHG PAL option will not affect any Missouri sources. Other revisions include correcting the 

definition of "regulated NSR pollutant", modifying the notification period for initial equipment start-up to 

improve tracking of new/modified equipment and testing, and clarifying de minimis permit air quality 

analysis requirements.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-5.570 (amendment) Control of Sulfur Emissions From Stationary Boilers

This proposed amendment will clarify that the brewery sulfur dioxide (SO2) emission limit applies only to 

the total SO2 emissions from applicable units within an installation and not the total SO2e missions from 

the entire brewery installation. This rulemaking will also remove definitions in this rule that can be 

found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.345 (rescission) Control of NOx Emissions From Upwind Sources 

Rulemakings on Public Notice - DNR Page 1 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 4/16/2013
This is a proposed rescission of an expired rule. Subsection (1)(C) states this rule will expire five years 

from the December 30, 2006 effective date. The five-year period ended on December 30, 2011.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

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

This proposed amendment will add a hierarchy of various compliance methods, providing options for 

demonstrating compliance in addition to stack tests, and clarify that this rule limits filterable particulate 

matter only. This rulemaking will also remove definitions in this rule that can be found in 10 CSR 10-

6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.110 (amendment) Reporting Emission Data, Emission Fees, and Process Information

This proposed amendment will reference the applicable year(s) for the emission fee requirement to meet

section 643.079 of the Revised Statutes of Missouri which requires emission fees to be set at least every 

three (3) years by rule. There will be no change to the fees at this time. This rulemaking also proposes 

to better reflect information required in emission reports and clarifies the types and frequency of reports

to be submitted to the department’s Air Pollution Control Program for Emissions Inventory Questionnaire 

purposes, including a revision to Table 4. This rulemaking will also remove definitions in this rule that 

can be found in 10 CSR 10-6.020 Definitions and Common Reference Tables.

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

10 CSR 10-6.390 (amendment) Control of NOx Emissions From Large Stationary Internal Combustion 

Engines

This proposed amendment will correct the words “a kiln” to “an engine” found in subsection (3)(F). This 

rulemaking will also remove definitions in this rule that can be found in 10 CSR 10-6.020 Definitions and 

Common Reference Tables. 

Proposed Rulemaking – Published in April 15, 2013 Missouri Register

Submit comments now

Submit written comments

Comments about this rulemaking will be accepted through close of business June 6, 2013.

Rulemakings on Public Notice - DNR Page 2 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 4/16/2013
1

Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com>

Sent: Wednesday, April 24, 2013 11:18 AM

To: Bechtel, Cheri

Subject: Courtesy Copy: Missouri DNR Air Public Notices Update

This is a courtesy copy of an email bulletin sent by Cheri Bechtel.

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (450 recipients) 

Having trouble viewing this email? View it as a Web page.

Below is a notice for items being presented for public hearing at the May 30, 2013 Missouri Air Conservation 

Commission meeting. If you have any questions, please contact Wendy Vit with the Air Pollution Control 

Program at (573) 526-3167 or wendy.vit@dnr.mo.gov. 

 

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will hold a public hearing on 

Thursday, May 30, 2013 beginning at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, 

Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear 

testimony related to the following proposed action(s): 

* 10 CSR 10-6.060 (amendment) Construction Permits Required 

 

* 10 CSR 10-5.570 (amendment) Control of Sulfur Emissions From Stationary Boilers 

 

* 10 CSR 10-6.345 (rescission) Control of NOx Emissions From Upwind Sources 

 

The above rule action will not be submitted for inclusion in the Missouri State Implementation Plan 

because the rule is not permanent and enforceable and never was intended to be part of the Missouri 

State Implementation Plan. 

 

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

Processes 

 

* 10 CSR 10-6.110 (amendment) Reporting Emission Data, Emission Fees, and Process Information 

The above rule action will be submitted for inclusion in the Missouri State Implementation Plan and 

the Missouri Title V program. 
2

 

* 10 CSR 10-6.390 (amendment) Control of NOx Emissions From Large Stationary Internal 

Combustion Engines 

 

* Missouri State Implementation Plan – Section 110 Infrastructure Requirements for the 2008 Ozone 

National Ambient Air Quality Standard 

 

* Missouri State Implementation Plan – Section 110 Infrastructure Requirements for the 2010 Sulfur 

Dioxide (SO2) National Ambient Air Quality Standard 

 

If the Commission adopts the action(s), it will be the Department’s intention to submit the action(s) to the 

U.S. Environmental Protection Agency to be included in Missouri’s State Implementation Plan unless 

otherwise noted above. 

 

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 http://dnr.mo.gov/env/apcp/public-notices.htm. This information will 

be available at least 30 days prior to the public hearing date. 

 

The Department will accept written or email comments for the record until 5 p.m. on June 6, 2013. Please 

send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, 

Jefferson City, MO 65102-0176. Email comments may be submitted via the program web site noted above. 

All written and email comments and public hearing testimony will be equally considered. 

 

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) 526-3420. The Department requests persons 

intending to give verbal presentations also provide a written copy of their testimony to the commission 

secretary at the time of the public hearing. 

 

Persons with disabilities requiring special services or accommodations to attend the meeting can make 

arrangements by calling the Program directly at (573) 751-4817, the Division of Environmental Quality's toll 

free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department 

of Natural Resources, Air Conservation Commission Secretary, P.O. Box 176, Jefferson City, MO 65102. 

Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966. 

You are subscribed to the Air Public Notices topic for Missouri DNR. This information has recently been 

updated, and is now available at the link below. Thank you for your interest in the Air Public Notices. 

 

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This service is provided to you at no charge by Missouri DNR. 
 Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 1

1 DEPARTMENT OF NATURAL RESOURCES

2 MISSOURI AIR CONSERVATION COMMISSION

3

4

5

6

7

8

9 Public Hearing

 1730 East Elm Street

10 Jefferson City, Missouri

 May 30, 2013

11 9 a.m.

12

13

14

Before:

15

Jack Baker, Chairman

16 Mark S. Garnett

Gary Pendergrass

17 David Zimmerman

18

19

20

Reported by:

21 Melissa Bennett

Midwest Litigation Services

22 3432 West Truman Boulevard, Suite 207

Jefferson City, MO 65109

23 (573)636-7551

24

25
 Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 2

1 Agenda for Public Hearing

2

3

10 CSR 10-6.060 (amendment) Construction Permits

4 Required

5 10 CSR 10-5.570 (amendment) Control of Sulfur

Emissions from Stationary Boilers

6

10 CSR 10-6.345 (recission) Control of NOx Emissions

7 from Upwind Sources

8 10 CSR 10-6.400 (amendment) Restriction of Emission of

Particulate Matter from Industrial Processes

9

10 CSR 10-6.110 (amendment) Reporting Emission Data,

10 Emission Fees, and Process Information

11 10 CSR 10-6.390 (amendment) Control of NOx Emissions

from Large Stationary Internal Combustion Engines

12

Missouri State Implementation Plan - Section 110

13 Infrastructure Requirements:

14 2008 Ozone National Ambient Air Quality Standard

 2010 SO2 National Ambient Air Quality Standard

15

16

17

18

19

20

21

22

23

24

25
 Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 4

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

2 (Proceedings commenced at 9:32 a.m.)

3 CHAIRMAN BAKER: I'll call the public

4 hearing to order. The hearing will come to order.

5 Let the record show that the following commissioners

6 are present: Jack Baker, Mark Garnett, Gary

7 Pendergrass, and David Zimmerman. The Air

8 Conservation Commission of the State of Missouri has

9 called this public hearing pursuant to Section

10 643.070, Revised Statutes of Missouri; EPA promulgated

11 Rule 40 CFR 51.102, for the purpose of hearing

12 testimony related to: 10 CSR 10-6.060, amendment,

13 Construction Permits Required; 10 CR -- CSR 10-5.570,

14 amendment, Control of Sulfur Emissions from Stationary

15 Boilers; 10 CSR 10-6.345, rescission, Control of NOx

16 Emissions from Upwind Sources; 10 CSR 10-6.400,

17 amendment, Restriction of Emission of Particulate

18 Matter from Industrial Processes; 10 CSR 10-6.110,

19 amendment, Reporting Emission Data, Emission Fees, and

20 Process Information; 10 CS -- 10 CSR 10-6.390,

21 amendment, Control of NOx Emissions from Large

22 Stationary Internal Combustion Engines; Missouri State

23 Implementation Plan Section 110 Infrastructure

24 Requirements, 2008 Ozone National Ambient Air Quality

25 Standard, 2010 SO2 National Ambient Air Quality
 Public Hearing 5/30/2013

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 14

1 specific to these rule amendments.

2 CHAIRMAN BAKER: Questions? No questions.

3 Thank you, Aaron. Okay. The next is control of NOx

4 emissions from large stationary internal combustion

5 engines and Mr. Paul Myers.

6 (Paul Myers was sworn.)

7 MR. MYERS: My name is Paul Myers, and I

8 work as an environmental specialist with the Air

9 Pollution Control Program located at 1659 East Elm

10 Street in Jefferson City, Missouri. I'm here today to

11 present testimony on a proposed amendment to 10 CSR

12 10-6.390, Control of NOx Emissions from Large

13 Stationary Internal Combustion Engines. The rule text

14 can be found beginning on page 155 of your briefing

15 document.

16 The rule applies to sources with large

17 stationary internal combustion engines, but this

18 amendment is administrative and editorial in nature

19 and does not add new requirements. This proposed

20 amendment will make a couple of minor text changes.

21 For example, the words "a kiln" will be corrected to

22 "an engine" in Subsection 3(F). In addition, the

23 amendment will remove definitions from the rule that

24 can now be found in 10 CSR 10-6.020, Definitions and

25 Common Reference Tables.
[(C)]2. An installation not required to submit a full emissions

report is required to submit a Reduced Reporting Form, which is due

April 1 after each reporting year.

[(D)]3. The full emissions report is due April 1 after each

reporting year. If the full emissions report is filed electronically via

MoEIS, this due date is extended to May 1.

[(E) For small sources, the first full emissions report is for

the first full calendar year of operation in order to obtain a

representative annual emissions total.

(F) For point sources, the initial full emissions report will

be required for the first partial year of operation.

(G) For holders of intermediate permits and small sources

as defined in this rule, a construction permit action issued

under 10 CSR 10-6.060 section (5) or (6) requires a full

emissions report for the first full calendar year the affected

permitted equipment operates.]

[(H)]4. The installation owner or operator of record on

December 31 of the reporting year is responsible for the emissions

report and associated fees for the entire reporting year.

[(I)]5. If there is no production from an installation in a reporting year, no emission fees are due for that year but notice of such status must be provided to the director in writing by the emissions

report due date of April 1.

[(J)]6. If an installation is out of business, the final emissions

report required will be for the full or partial year the installation went

out of business. Notice of such status must be provided to the director in writing by the emissions report due date of April 1.

[(K)]7. After the effective date of this rule, any revision to the

department-supplied EIQ forms will be presented to the regulated

community for a forty-five (45)-day comment period.

AUTHORITY: section 643.050, RSMo [2000] Supp. 2012. Original

rule filed June 13, 1984, effective Nov. 12, 1984. For intervening history, please consult the Code of State Regulations. Amended: Filed

March 13, 2013.

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

in the aggregate.

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

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin

at 9:00 a.m., May 30, 2013. The public hearing will be held at the

Elm Street Conference Center, 1730 East Elm Street, Lower Level,

Bennett Springs Conference Room, Jefferson City, Missouri.

Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit

a written or email statement of their views until 5:00 p.m., June 6,

2013. Written comments shall be sent to Chief, Air Quality Planning

Section, Missouri Department of Natural Resources’ Air Pollution

Control Program, PO Box 176, Jefferson City, MO 65102-0176.

Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

PROPOSED RESCISSION

10 CSR 10-6.345 Control of NOx Emissions From Upwind

Sources. This rule protected air quality in the St. Louis area by

addressing nitrogen oxides (NOx) sources proposed for construction

outside and upwind of the St. Louis nonattainment area. This rule is

proposed for rescission because it has expired on December 30, 2011.

If the commission adopts this rule action, it will be the department’s

intention not to submit this rule rescission to the U.S. Environmental

Protection Agency because the rule was not written as a permanent

requirement and the rule has never been approved as part of the

Missouri State Implementation Plan. The evidence supporting the need

for this proposed rulemaking is available for viewing at the Missouri

Department of Natural Resources’ Air Pollution Control Program at

the address listed in the Notice of Public Hearing at the end of this rule.

More information concerning this rulemaking can be found at the

Missouri Department of Natural Resources’ Environmental Regulatory

Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule protected air quality in the St. Louis area by

addressing nitrogen oxides (NOx) sources proposed for construction

outside and upwind of the St. Louis nonattainment area. This rule is

proposed for rescission because it has expired. Subsection (1)(C)

states this rule expires five (5) years from the December 30, 2006,

effective date. The five (5)-year period ended on December 30, 2011.

The evidence supporting the need for this proposed rulemaking, per

536.016, RSMo, is the expiration requirement in subsection (1)(C) of

this rule. 

AUTHORITY: section 643.050, RSMo 2000. Original rule filed May

4, 2006, effective Dec. 30, 2006. Rescinded: Filed March 13, 2013.

PUBLIC COST: This proposed rescission will not cost state agencies

or political subdivisions more than five hundred dollars ($500) in the

aggregate. 

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

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed rescission will begin at

9:00 a.m., May 30, 2013. The public hearing will be held at the Elm

Street Conference Center, 1730 East Elm Street, Lower Level,

Bennett Springs Conference Room, Jefferson City, Missouri.

Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit

a written or email statement of their views until 5:00 p.m., June 6,

2013. Written comments shall be sent to Chief, Air Quality Planning

Section, Missouri Department of Natural Resources’ Air Pollution

Control Program, PO Box 176, Jefferson City, MO 65102-0176.

Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.390 Control of NOx Emissions From Large Stationary Internal Combustion Engines. The commission proposes to

amend the purpose, section (2), and subsections (3)(E) and (3)(F). If

the commission adopts this rule action, it will be the department’s

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

Protection Agency to replace the current rule that is in the Missouri

State Implementation Plan. The evidence supporting the need for this

proposed rulemaking is available for viewing at the Missouri

Department of Natural Resources’ Air Pollution Control Program at

the address listed in the Notice of Public Hearing at the end of this

rule. More information concerning this rulemaking can be found at the

Page 601 April 15, 2013

Vol. 38, No. 8 Missouri Register
Missouri Department of Natural Resources’ Environmental

Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule reduces emissions of oxides of nitrogen (NOx)

to ensure compliance with the federal NOx control plan to reduce the

transport of air pollutants. This rule establishes emission levels for

large stationary internal combustion engines. This amendment will

correct a wording error found in subsection (3)(F). In addition, the

amendment will remove the definitions from the rule that can now be

found in 10 CSR 10-6.020, Definitions and Common Reference

Tables. The definitions are being removed because they were added

to 10 CSR 10-6.020 as part of the Air Program’s consolidation of all

air rule definitions. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is a Rule Comment Note from

staff mentioning the text error in subsection (3)(F).

PURPOSE: This rule reduces emissions of oxides of nitrogen (NOx)

to ensure compliance with the federal NOx control plan to reduce the

transport of air pollutants. This rule establishes emission levels for

large stationary internal combustion engines. The evidence supporting the need for this [proposed rulemaking] rule, per section

536.016, RSMo, is the U.S. Environmental Protection Agency NOx

State Implementation Plan (SIP) Call dated April 21, 2004.

(2) Definitions. Definitions of certain terms used in this rule may

be found in 10 CSR 10-6.020.

[(A) Diesel engine—A compression ignited (CI) two- or

four-stroke engine in which liquid fuel is injected into the

combustion chamber and ignited when the air charge has

been compressed to a temperature sufficiently high for autoignition.

(B) Dual fuel engine—Compression ignited stationary internal combustion engine that is capable of burning liquid fuel

and gaseous fuel simultaneously.

(C) Emergency standby engine—An internal combustion

engine used only when normal electrical power or natural

gas service is interrupted, or for the emergency pumping of

water for either fire protection or flood relief. An emergency

standby engine may not be operated to supplement a primary power source when the load capacity or rating of the primary power source has been either reached or exceeded.

(D) Engine rating—The output of an engine as determined

by the engine manufacturer and listed on the nameplate of

the unit, regardless of any derating.

(E) Higher heating value (HHV)—The total heat liberated

per mass of fuel burned in British thermal units (Btu) per

pound, when fuel and dry air at standard conditions undergo complete combustion and all resultant products are

brought to their standard states at standard conditions. If

certification of the HHV is not provided by the third party

fuel supplier, it shall be determined by one of the following

test methods: ASTM D2015-85 for solid fuels; ASTM

D240-87 or ASTM D2382-88 for liquid hydrocarbon fuels;

or ASTM D1826-88 or ASTM D1945-81 in conjunction with

ASTM D3588-89 for gaseous fuels. These methods are all

incorporated by reference as specified at 40 CFR 52.3002.

(F) Lean-burn engine—Any two- or four-stroke spark ignited (SI) engine with greater than four percent (4%) oxygen in

the engine exhaust.

(G) Maintenance operation—Normal routine maintenance

on any stationary internal combustion engine subject to this

rule or the use of an emergency standby engine and fuel system during testing, repair and routine maintenance to verify

its readiness for emergency standby use.

(H) Output—The shaft work output from any engine plus

the energy reclaimed by any useful heat recovery system.

(I) Peak load—The maximum instantaneous operating

load.

(J) Permitted capacity factor—The annual permitted fuel

use divided by the manufacturers specified maximum fuel

consumption times eight thousand seven hundred sixty

(8,760) hours per year.

(K) Rich-burn engine—A two- or four-stroke SI engine

where the oxygen content in the exhaust stream before any

dilution is one percent (1%) or less measured on a dry basis.

(L) Stationary internal combustion engine—Internal combustion engine of the reciprocating type that is either

attached to a foundation at a facility or is designed to be

capable of being carried or moved from one (1) location to

another and remains at a single site at a building, structure,

facility, or installation for more than twelve (12) consecutive

months. Any engine or engines that replace an engine at a

site that is intended to perform the same or similar function

as the engine replaced is included in calculating the consecutive time period. Nonroad engines and engines used solely

for competition are not stationary internal combustion

engines.

(M) Stoichiometric air/fuel ratio—The air/fuel ratio where

all fuel and all oxygen in the air/fuel mixture will be consumed.

(N) Unit—Any diesel, lean-burn, or rich-burn stationary

internal combustion engine as defined in this section.

(O) Utilization rate—The amount of an engine’s capacity

reported in horsepower-hours that is utilized.

(P) Definitions of certain terms used in this rule, other than

those specified in this rule, may be found in 10 CSR 10-

6.020.]

(3) General Provisions.

(E) Monitoring Requirements.

1. Any owner or operator meeting the applicability of section

(1) of this rule shall not operate such equipment unless it is equipped

with one (1) of the following:

A. A continuous emissions monitoring system (CEMS),

which meets the applicable requirements of 40 CFR [part] 60, subpart A, Appendix B, and complies with the quality assurance procedures specified in 40 CFR [part] 60, Appendix F. The CEMS shall

be used to demonstrate compliance with the applicable emission

limit; or

B. A calculational and record keeping procedure based upon

actual NOx emissions testing and correlations with operating parameters. The installation, implementation, and use of such an alternate calculational and record keeping procedure must be approved by

the director and EPA and incorporated into the SIP in writing prior

to implementation.

2. The CEMS or approved alternate monitoring procedure shall

be operated and maintained in accordance with an on-site CEMS or

alternate monitoring plan approved by the director.

(F) Excess Emissions During Start-Up, Shutdown, or

Malfunction. If the owner or operator provides notice of excess emissions pursuant to state rule 10 CSR 10-6.050(3)(B), the director will

determine whether the excess emissions are attributable to start-up,

shutdown, or malfunction conditions, pursuant to rule 10 CSR 10-

6.050(3)(C). If the director determines that the excess emissions are

attributable to such conditions, and if such excess emissions cause [a

kiln] an engine to exceed the applicable emission limits in this rule,

the director will determine whether enforcement action is warranted,

as provided in rule 10 CSR 10-6.050(3)(C). If the director determines that the excess emissions are attributable to a start-up, shutdown, or malfunction condition and does not warrant enforcement

action, those emissions would not be included in the calculation of

ozone season NOx emissions. 

AUTHORITY: section 643.050, RSMo [2000] Supp. 2012. Original

rule filed Feb. 14, 2005, effective Oct. 30, 2005. Amended: Filed

Aug. 27, 2009, effective May 30, 2010. Amended: Filed March 13,

2013.

Page 602 Proposed Rules

April 15, 2013

Vol. 38, No. 8
PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

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

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin

at 9:00 a.m., May 30, 2013.The public hearing will be held at the

Elm Street Conference Center, 1730 East Elm Street, Lower Level,

Bennett Springs Conference Room, Jefferson City, Missouri.

Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit

a written or email statement of their views until 5:00 p.m., June 6,

2013. Written comments shall be sent to Chief, Air Quality Planning

Section, Missouri Department of Natural Resources’ Air Pollution

Control Program, PO Box 176, Jefferson City, MO 65102-0176.

Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.400 Restriction of Emission of Particulate Matter

From Industrial Processes. The commission proposes to amend the

purpose, section (2), and section (5). If the commission adopts this

rule action, it will be the department’s intention to submit this rule

amendment to the U.S. Environmental Protection Agency to replace

the current rule that is in the Missouri State Implementation Plan.

The evidence supporting the need for this proposed rulemaking is

available for viewing at the Missouri Department of Natural

Resources’ Air Pollution Control Program at the address listed in the

Notice of Public Hearing at the end of this rule. More information

concerning this rulemaking can be found at the Missouri Department

of Natural Resources’ Environmental Regulatory Agenda website,

www.dnr.mo.gov/regs/index.html.

PURPOSE: This regulation restricts the emission of filterable particulate matter in the source gas of an operation or activity except

where 10 CSR 10-6.405 and/or 10 CSR 10-6.070 would be applied.

This amendment is to provide a hierarchy of various compliance

methods to use for demonstrating compliance, clarify that this rule

limits filterable particulate matter only, and remove definitions that

can be found in 10 CSR 10-6.020 Definitions and Common Reference

Tables. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is a rule comment form dated Dec. 9,

2011, with a U.S. Environmental Protection Agency email requesting

clarification of methods used by sources to demonstrate compliance

with this rule. 

PURPOSE: This regulation restricts the emission of filterable particulate matter in the source gas of an operation or activity except

where 10 CSR 10-6.405 and/or 10 CSR 10-6.070 would be applied.

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

may be found in 10 CSR 10-6.020.

[(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 steady-state 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 emissions 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. 

(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.]

(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.] The following hierarchy of emission measurement approaches shall be

used to determine compliance with section (3) of this rule. If

compliance data is not available from a measurement approach,

or an approach is impractical for a source, then the next

approach listed in the hierarchy shall be used in its place. The

choice of an emissions measurement approach is subject to the

approval of the director—

(A) Continuous Emission Monitoring System (CEMS);

(B) Stack tests as specified in 10 CSR 10-6.030(5)(A) or (5)(B),

as determined by the director; 

(C) Compliance Assurance Monitoring (CAM) plan found in

the facility’s operating permit; or

(D) Other methods, as described in permits issued under 10

CSR 10-6.060 or 10 CSR 10-6.065 or as approved by the director. These may include approved engineering calculations or

other U.S. Environmental Protection Agency documentation.

AUTHORITY: section 643.050, RSMo Supp. [2011] 2012. 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. Amended: Filed July 1, 2010, effective

Feb. 28, 2011. Amended: Filed Sept. 16, 2011, effective May 30,

2012. Amended: Filed March 13, 2013.

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

in the aggregate.

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

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin

at 9:00 a.m., May 30, 2013. The public hearing will be held at the

Elm Street Conference Center, 1730 East Elm Street, Lower Level,

Bennett Springs Conference Room, Jefferson City, Missouri.

Page 603 April 15, 2013

Vol. 38, No. 8 Missouri Register

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission

under section 643.050, RSMo Supp. 2012, the commission rescinds

a rule as follows:

10 CSR 10-6.345 Control of NOx Emissions From Upwind 

Sources is rescinded.

A notice of proposed rulemaking containing the proposed rescission

was published in the Missouri Register on April 15, 2013 (38 MoReg

601). 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: The Missouri Department of Natural

Resources’ Air Pollution Control Program received no comments on

the proposed rescission. 

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission

under section 643.050, RSMo Supp. 2012, the commission amends

a rule as follows:

10 CSR 10-6.390 Control of NOx Emissions From Large 

Stationary Internal Combustion Engines is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on April 15, 2013

(38 MoReg 601–603). No changes have been made in the text of the

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

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of Natural

Resources’ Air Pollution Control Program received no comments on

the proposed amendment.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission

under section 643.050, RSMo Supp. 2012, 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 April 15, 2013

(38 MoReg 603–604). 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 did not receive any comments on the proposed amendment.

Title 13—DEPARTMENT OF SOCIAL SERVICES

Division 70—MO HealthNet Division 

Chapter 10—Nursing Home Program

ORDER OF RULEMAKING

By the authority vested in the MO HealthNet Division under section

208.159, RSMo 2000, and sections 208.153 and 208.201, RSMo

Supp. 2012, the division adopts a rule as follows:

13 CSR 70-10.017 Nursing Facility Invasive Ventilator Program

is adopted. 

A notice of proposed rulemaking containing the text of the proposed

rule was published in the Missouri Register on May 1, 2013 (38

MoReg 693–696). No changes have been made in the text of the proposed rule, so it is not reprinted here. This proposed rule becomes

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

Regulations.

SUMMARY OF COMMENTS: No comments were received. 

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2015—Acupuncturist Advisory Committee

Chapter 1—General Rules

ORDER OF RULEMAKING

By the authority vested in the Acupuncturist Advisory Committee

under sections 324.481 and 324.487, RSMo Supp. 2012, and sections 324.490 and 324.493, RSMo 2000, the board amends a rule as

follows:

20 CSR 2015-1.030 Fees is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on May 15, 2013

(38 MoReg 757–760). 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: No comments were received.

Title 20—DEPARTMENT OF INSURANCE, 

FINANCIAL INSTITUTIONS AND PROFESSIONAL

REGISTRATION

Division 2095—Committee for Professional Counselors

Chapter 1—General Rules

ORDER OF RULEMAKING

By the authority vested in the Committee for Professional Counselors

Page 1429 September 3, 2013

Vol. 38, No. 17 Missouri Register

10 CSR 10-6.390 Control of NOx Emissions From Large Stationary 

Internal Combustion Engines

(1) Applicability. This rule applies to any large stationary 

internal combustion engine located in the counties of Bollinger, 

Butler, Cape Girardeau, Carter, Clark, Crawford, Dent, Dunklin, 

Franklin, Gasconade, Iron, Jefferson, Lewis, Lincoln, Madison, 

Marion, Mississippi, Montgomery, New Madrid, Oregon, Pemiscot, 

Perry, Pike, Ralls, Reynolds, Ripley, St. Charles, St. Francois, 

St. Louis, 

Ste. Genevieve, Scott, Shannon, Stoddard, Warren, Washington, 

and Wayne counties and the City of St. Louis greater than one 

thousand three hundred (1,300) horsepower that— 

 (A) Emitted greater than one (1) ton per day of NOx on 

average during the period from May 1 through September 30 of 

1995, 1996, or 1997; or 

 (B) Begins operation after September 30, 1997. 

 (C) Any stationary internal combustion engine that meets 

the definition of emergency standby engine in subsection (2)(C) 

of this rule is exempt from this rule. 

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

may be found in 10 CSR 10-6.020.

(A) Diesel engine—A compression ignited (CI) two- or fourstroke engine in which liquid fuel is injected into the 

combustion chamber and ignited when the air charge has been 

compressed to a temperature sufficiently high for auto-ignition. 

 (B) Dual fuel engine—Compression ignited stationary 

internal combustion engine that is capable of burning liquid 

fuel and gaseous fuel simultaneously. 

 (C) Emergency standby engine—An internal combustion engine 

used only when normal electrical power or natural gas service is 

interrupted, or for the emergency pumping of water for either 

fire protection or flood relief. An emergency standby engine 

may not be operated to supplement a primary power source when 

the load capacity or rating of the primary power source has been 

either reached or exceeded. 
10 CSR 10-6.390 

2 

 (D) Engine rating—The output of an engine as determined by 

the engine manufacturer and listed on the nameplate of the unit, 

regardless of any derating. 

 (E) Higher heating value (HHV)—The total heat liberated 

per mass of fuel burned in British thermal units (Btu) per 

pound, when fuel and dry air at standard conditions undergo 

complete combustion and all resultant products are brought to 

their standard states at standard conditions. If certification 

of the HHV is not provided by the third party fuel supplier, it 

shall be determined by one of the following test methods: ASTM 

D2015-85 for solid fuels; ASTM D240-87 or ASTM D2382-88 for 

liquid hydrocarbon fuels; or ASTM D1826-88 or ASTM D1945-81 in 

conjunction with ASTM D3588-89 for gaseous fuels. These methods 

are all incorporated by reference as specified at 40 CFR 

52.3002. 

 (F) Lean-burn engine—Any two- or four-stroke spark ignited 

(SI) engine with greater than four percent (4%) oxygen in the 

engine exhaust. 

 (G) Maintenance operation—Normal routine maintenance on 

any stationary internal combustion engine subject to this rule 

or the use of an emergency standby engine and fuel system during 

testing, repair and routine maintenance to verify its readiness 

for emergency standby use. 

 (H) Output—The shaft work output from any engine plus the 

energy reclaimed by any useful heat recovery system. 

 (I) Peak load—The maximum instantaneous operating load. 

 (J) Permitted capacity factor—The annual permitted fuel 

use divided by the manufacturers specified maximum fuel 

consumption times eight thousand seven hundred sixty (8,760) 

hours per year. 

 (K) Rich-burn engine—A two- or four-stroke SI engine where 

the oxygen content in the exhaust stream before any dilution is 

one percent (1%) or less measured on a dry basis. 

 (L) Stationary internal combustion engine—Internal 

combustion engine of the reciprocating type that is either 

attached to a foundation at a facility or is designed to be 

capable of being carried or moved from one (1) location to 

another and remains at a single site at a building, structure, 

facility, or installation for more than twelve (12) consecutive 
10 CSR 10-6.390

3 

months. Any engine or engines that replace an engine at a site 

that is intended to perform the same or similar function as the 

engine replaced is included in calculating the consecutive time 

period. Nonroad engines and engines used solely for competition 

are not stationary internal combustion engines. 

 (M) Stoichiometric air/fuel ratio—The air/fuel ratio where 

all fuel and all oxygen in the air/fuel mixture will be 

consumed. 

 (N) Unit—Any diesel, lean-burn, or rich-burn stationary 

internal combustion engine as defined in this section. 

 (O) Utilization rate—The amount of an engine’s capacity 

reported in horsepower-hours that is utilized. 

 (P) Definitions of certain terms used in this rule, other 

than those specified in this rule, may be found in 

10 CSR 10-6.020.

(3) General Provisions. 

 (A) An owner or operator of a large stationary internal 

combustion engine meeting the applicability of paragraph 

(1)(A)1. of this rule shall calculate the allowable NOx emission 

rate for each applicable engine using: 

ER = (NOx act/UR) × 1.102 × 10-6 × 0.1 

where, 

ER = the allowable emission rate for each engine in grams 

per horsepower-hour; 

NOx act= the highest actual NOx emissions, reported in tons per 

 control period, for the period from May 1 through 

September 30 for one of the years 1995, 1996, or 1997 

based on the best available emission information for 

each engine; and 

UR = the utilization rate in horse-power-hours during the 

same period as NOx act 

 (B) An owner or operator of a large stationary internal 

combustion engine meeting the applicability of paragraph 

(1)(A)2. of this rule shall not operate an engine to exceed the 

permitted emission rate or the following emission rate, 

whichever is more stringent: 
10 CSR 10-6.390 

4 

 1. For rich-burn SI engines 3.0 grams per 

horsepower-hour; or 

 2. For lean-burn SI engines 3.0 grams per 

horsepower-hour; 

 (C) An owner or operator of a large stationary internal 

combustion engine may choose to establish a facility-wide NOx

emissions cap in lieu of compliance with subsection (3)(A) of 

this rule. If the owner or operator elects to comply with the 

requirements of subsection (3)(A), the owner or operator shall 

submit a commitment in writing no later than May 1, 2005, to the 

director stating the intent to comply with that subsection. If 

the owner or operator commits to comply with this subsection 

rather than subsection (3)(A) of this rule, the owner or 

operator shall submit the following to the director: 

 1. The facility-wide NOx emissions from the year of 

data that would be used in paragraph (3)(A)1. of this rule on a 

unit-by-unit basis; 

 2. The number of tons of NOx emission reductions that 

would be required in paragraph (3)(A)1. of this rule on a unitby-unit basis; 

 3. A detailed inventory of all engines being used to 

comply with the NOx emission cap including the: 

 A. Uncontrolled emission rate of all engines at 

the facility; 

 B. Controlled emission rate for all engines 

being controlled under the NOx emissions cap; 

 C. Capacity of each engine at the facility; and 

 D. Utilization rate of each engine at the 

facility; and 

 4. The controlled NOx emissions from the facility 

during the control period, May 1 through September 30. 

 (D) To meet the requirements of subsection (3)(A) or 

(3)(B) of this rule, the owner or operator may take into account 

as a portion of the required NOx reductions, physical and 

quantifiable measures to increase energy efficiency, reduce 

energy demand, or increase use of renewable fuels. 
10 CSR 10-6.390

5 

 (E) Monitoring Requirements. 

 1. Any owner or operator meeting the applicability 

of section (1) of this rule shall not operate such equipment 

unless it is equipped with one (1) of the following: 

 A. A continuous emissions monitoring system 

(CEMS), which meets the applicable requirements of 40 CFR part 

60, subpart A, Appendix B, and complies with the quality 

assurance procedures specified in 40 CFR part 60, Appendix F. 

The CEMS shall be used to demonstrate compliance with the 

applicable emission limit; or 

 B. A calculational and record keeping procedure 

based upon actual NOx emissions testing and correlations with 

operating parameters. The installation, implementation and use 

of such an alternate calculational and record keeping procedure 

must be approved by the director and EPA and incorporated into 

the SIP in writing prior to implementation. 

 2. The CEMS or approved alternate monitoring 

procedure shall be operated and maintained in accordance with an 

on-site CEMS or alternate monitoring plan approved by the 

director. 

 (F) Excess Emissions During Start-Up, Shutdown, 

or Malfunction. If the owner or operator provides notice 

of excess emissions pursuant to state rule 10 CSR 

10-6.050(3)(B), the director will determine whether the excess 

emissions are attributable to start-up, shutdown, 

or malfunction conditions, pursuant to rule 10 CSR 

10-6.050(3)(C). If the director determines that the 

excess emissions are attributable to such conditions, and if 

such excess emissions cause a kiln an engine to exceed the 

applicable emission limits in this rule, the director will 

determine whether enforcement action is warranted, as provided 

in rule 10 CSR 10-6.050(3)(C). If the director determines that 

the excess emissions are attributable to a start-up, shutdown,

or malfunction condition and does not warrant enforcement 

action, those emissions would not be included in the calculation 

of ozone season NOx emissions. 

(4) Reporting and Record Keeping. 
10 CSR 10-6.390 

6 

 (A) Reporting Requirements. The owner or operator subject 

to this rule shall comply with the following requirements: 

 1. The owner or operator shall submit to the 

director the identification number and type of each unit subject 

to this rule, the name and address of the plant where the unit 

is located, and the name and telephone number of the person 

responsible for demonstrating compliance with this rule before 

May 1, 2007; 

 2. The owner or operator shall submit an annual 

report documenting for each controlled unit the total NOx

emissions from May 1 through September 30 of each year to the 

director 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 Keeping Requirements. Any owner or operator of 

a unit subject to this rule shall maintain all records necessary 

to demonstrate compliance with this rule for a period of five 

(5) years at the plant at which the subject unit is located. 

The records shall be made available to the director upon 

request. The owner or operator shall maintain records of the 

following information for each 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, malfunctions, and the 

type and duration of maintenance and repair; 

 4. The date and results of each emissions 

inspection; 

 5. A summary of any emissions corrective maintenance 

taken; 

 6. The results of all compliance tests; and 
10 CSR 10-6.390

7 

 7. If a unit is equipped with a CEMS— 

 A. The identification of time periods during 

which NOx standards are exceeded, the reason for the exceedance, 

and action taken to correct the exceedance and to prevent 

similar future exceedances; and 

 B. The identification of the time periods for 

which operating conditions and pollutant data were not obtained 

including reasons for not obtaining sufficient data and a 

description of corrective actions taken. 

(5) Test Methods. (Not Applicable)