STATE OF MISSOURI J e r e miah W Uay) N i xon, Governor. Sa r a P

arke r Pauley, D i r ecro r 

# 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 NO x 

### 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 of Natural 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.



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I t\ ' 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 of technical 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 CommissionC. For preheater kilns—4.1 pounds of NO x per ton of clinker produced, ave ragedover the period from May 1 through September 30 of each year. D. For preheater/precalciner kilns— 2.7 pounds of NO x per ton of clinker produced, ave raged 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 approvedSIP, taking into account energy, environmental, and economic impacts and other costs to determine an emission limitation that isachievable 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 NO x .

(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 NO x reductions, physical andquantifiable 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 attributableto 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). Ifthe 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 NO x 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 nameand 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 NO xper 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 maintainrecords, which shall include, but are not limited to the results of any initial performancetest, 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 theemissions 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 ruleshall maintain and operate the device according to the manufacturer’s specifications asapproved by the permitting agency. The monitoring shall: A. Include parameters indicated in themanufacturer’s specifications and recommendations for the low-NO x burner or mid-kiln firing system as approved by the permitting agency; andB. Identify the specific operation conditions to be monitored and correlation between the operating conditions and NO x emission rate. 2. An owner or operator complying with paragraph (3)(A)3., (3)(A)4., or (3)(A)5. ofthis 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 NO x emissions, established in this paragraph constitute a violation of thisrule, unless the owner or operator demonstrates to the satisfaction of the director that the deviation did not result in an increase in NO x emissions.

(5) Test Methods. NO x 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 StationarySources—Alkaline-Permanganate/Colorimetric Method;

(D) Method 7D—Determination of Nitrogen Oxide Emissions from StationarySources—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 NO x EmissionsFrom Large Stationary Internal Combustion Engines

PURPOSE: This rule reduces emissions of oxides of nitrogen (NO x) to ensure compliance with the federal NO x control plan to reduce the transport of air pollutants. Thisrule establishes emission levels for large stationary internal combustion engines. The evidence supporting the need for this rule, persection 536.016, RSMo, is the U.S. Environmental Protection Agency NO x State Implementation Plan (SIP) Call dated April 21, 2004.

CODE OF STATE REGULATIONS 199 J ASON K ANDER (9/30/13) 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. Genevi eve, Scott, Shannon, Stoddard, Warren, Washington, and Wayne counties andthe City of St. Louis greater than one thousand three hundred (1,300) horsepower that—

(A) Emitted greater than one (1) ton per day of NO x 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 stationaryinternal combustion engine that begins operation after September 30, 1997, and emits twenty-five (25) tons or less of NO x during the period from May 1 through September 30is 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 NO x 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 insubsection (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 NO x emission rate for each applicable engine using:
ER =(NO x act /UR) × 1.102 × 10 -6 × 0.1 where, ER = the allowable emission rate for eachengine in grams per horsepowerhour; NO x act = the highest actual NO x 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; andUR = the utilization rate in horsepowerhours during the same period as NO x 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 NO x 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 NO x emissions from the year of data that would be used insubsection (3)(A) of this rule on a unit-byunit basis; 2. The number of tons of NO x emissionreductions 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 NO x 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 NO x emissions cap; C. Capacity of each engine at the facility; and D. Utilization rate of each engine at the facility; and 4. The controlled NO x 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 NO x reductions, physical andquantifiable 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 NO x 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 attributableto 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 NO x emissions.

(4) Reporting and Record Keeping.

(A) Reporting Requirements. The owner oroperator 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) J ASON K ANDER Secretary of State 

### 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionCODE OF STATE REGULATIONS 201 J ASON K ANDER (9/30/13) 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 telephonenumber of the person responsible for demonstrating compliance with this rule before May 1, 2007; 2. The owner or operator shall submitan annual report documenting for each controlled unit or each unit subject to subsection (1)(D) of this rule the total NO x emissions from May 1 through September 30 of each year to the director by November 1 of that year, beginning in 2007; and3. The owner or operator of a unit subject to this rule or to the exemption in subsection (1)(D) of this rule and operating aCEMS 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 uponrequest. 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 NO x standards are exceeded, the reason for the exceedance, and actiontaken to correct the exceedance and to prevent similar future exceedances; andB. 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 ofParticulate 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 wholegrain 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 lessthan 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 andmaintained 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 thatcontrols at least ninety percent (90%) of particulate matter emissions; and 16. Emission units that at maximumhourly 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 amountcalculated 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 requirethe 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 I mplementation 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

< 

# .............. _ _ _ , Chairman



# ............... ___ 

# 6**~~~**

# ----:**7.;t. ~"#** **:....,, -'-** **-.l ~==** **== ======-** **--** V i ce 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 th e end of the proposed rulemaking under the Notice of Public Hearing an d 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 inco rporate by reference the U.S. En vironmental Protection Agency's (EPA's) revisions to plantwide applicability limi tations (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 docume nts 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 ma tter as a surrogate for fine partic ulate matter during the transition to PM2.5 permitting. This administrative change which will up date 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 test ing, 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 th at the brewery sulf ur 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 de finitions 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 Emission s From Upwind Sources Pa g e 1 of 3 Rulemakin g s on Public Notice - DNR

4/16/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

### 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 en ded 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 Matt er 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 ca n 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 Fe es, and Process Information

This proposed amendment will refere nce 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 requir ed in emission reports and clarifie s the types and frequency of reports to be submitted to the department ’s Air Pollution Control Program fo r 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 amendmen t 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. Pa g e 2 of 3 Rulemakin g s on Public Notice - DNR

4/16/2013 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm1 

### 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 em ail bulletin sent by Cheri Bechtel.

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Below is a notice for items being presented for public hearing at the May 30, 2013 Missouri Air Conservation Commission meeting. If you have an y questions, please contact Wendy Vi t with the Air Pollution Control Program at (573) 526-3167 or wendy.vit@dnr.mo.gov

.

MISSOURI AIR CONSER VATION COMMISSION WILL HOLD PUBLIC HEARING
JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d a public hearing on Thursday, May 30, 2013 beginning at 9 a. m. at the Elm Street Conferen ce Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the fo llowing proposed action(s):
* 10 CSR 10-6.060 (amendme nt) Construction Permits Required

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

* 10 CSR 10-6.345 (rescission) Control of NO x 

### Emissions From Upwind Sources

The above rule action will not be submitted for incl usion 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) Restrictio n of Emission of Particulate Matter From Industrial Processes

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

The above rule action will be submitted for inclusi on in the Missouri State Implementation Plan and the Missouri Title V program.2 

### * 10 CSR 10-6.390 (amendment) Control of NO x 

### Emissions From Large Stationary Internal Combustion Engines

* Missouri State Implementation Plan – Section 110 Infrastructure Re quirements for the 2008 Ozone National Ambient Air Quality Standard

* Missouri State Implementation Plan – S ection 110 Infrastructure Requi rements for the 2010 Sulfur Dioxide (SO 2 

### ) National Ambient Air Quality Standard

If the Commission adopts the action(s), it will be the De partment’s intention to submit the action(s) to the U.S. Environmental Protection Agency to be incl uded in Missouri’s State Implementation Plan unless otherwise noted above.

Documents for the above item(s) will be available for review at the Missour i Department of Natural Resources, Air Pollution Control Pr ogram, 1659 Elm Street, Jefferson Cit y, (573) 751-4817 and in the Public N otices section of the program web site http://dnr.mo.gov/env/apcp/public- notices.htm. This information will be available at least 30 days pr ior 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 hear ing testimony will be equally considered.

Citizens wishing to speak at the public hearing should notify the secretary to th e Missouri Air Conservation Commission, Missouri Department of Natural Resour ces, 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 presenta tions also provide a wr itten 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 di rectly at (573) 751-4817, the Divisi on 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 Commissi on 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 Publ ic Notices topic for Missouri DNR. Th is information has recently been updated, and is now available at the link below. Tha nk you for your interest in the Air Public Notices.

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.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

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4

5

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7

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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

25Public 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

25Public 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 QualityPublic 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 wentout 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 . Originalrule 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 NO x Emissions From Upwind Sources . This rule protected air quality in the St. Louis area by addressing nitrogen oxides (NO x ) 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 (NO x ) 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 NO x 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 RegisterMissouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule reduces emissions of oxides of nitrogen (NO x ) to ensure compliance with the federal NO x 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 allair 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 (NO x ) to ensure compliance with the federal NO x control plan to reduce the transport of air pollutants. This rule establishes emission levels forlarge 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 NO x 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 hasbeen 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 emergencystandby 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) perpound, 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 thisrule 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 functionas 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 whereall 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 NO x 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, orMalfunction. 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 NO x 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. 8PUBLIC 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 ReferenceTables. 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 emissionunits, 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 processweight 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 thedesign of any equipment permits more than one (1) interpreta tion of this section, that interp reta tion which results in the minimum value for allowable emissions shall apply.

(C) For purposes of this regulation, a jobbing cupola isdefined 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 specializedpiece 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 10CSR 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 RegisterTitle 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 NO x 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 NO x 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 NaturalResources’ 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 (38MoReg 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 Committeeunder 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 NO **x** 

### 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 NO x 

### 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 NO x 

### emission rate for each applicable engine using:

ER = (NO x act 

### /UR) × 1.102 × 10 -6 

### × 0.1 where, ER = the allowable emission rate for each engine in grams per horsepower-hour;

NO x act 

### = the highest actual NO x 

### 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 NO x 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 NO x 

### 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 NO x 

### 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 NO x 

### emission reductions thatwould 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 NO x 

### 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 NO x 

### emissions cap;

C. Capacity of each engine at the facility; and

D. Utilization rate of each engine at the facility; and

4. The controlled NO x 

### 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 NO x 

### 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 NO x 

### 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 NO x 

### 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 NO x 

### 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 NO x 

### 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)