## Mr. Karl Brooks Page Two

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

, 

# A4=O;(:;;;C:

Kyra L. 

## Moore Director

KLM:abc

Enclosures:

Copy ofrule published in CSR Copy of commission signature page certifying Missouri Air Conservation Commission adoption Copy oftechnical support documentation for rule (if applicable) Copies ofpublic hearing newspaper notices Copy ofpublic hearing transcript introductory statement Copy ofMO Reg proposed rulemaking Copy ofMO Reg order ofrulemaking with comments/responses

c: Missouri Air Conservation Commissionquantifiable 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 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 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 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, 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 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 2000.* Original rule filed Feb. 14, 2005, effective Oct. 30, 2005. Amended: Filed Aug. 27, 2009, effective May 30, 2010.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995.

10 CSR 10-6.400 Restriction of Emission ofParticulate Matter From Industrial Processes

PURPOSE: This regulation restricts the emission of 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

CODE OF STATE REGULATIONS 205 ROBIN CARNAHAN (4/30/12) 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 10-6that 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.

(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 asfuels and air introduced for purposes of combustion.

(B) Process weight rate is defined as a rate in tons per hour established as follows: 1. The rate of materials introduced to the process which may cause any emission of particulate matter;2. For continuous or long-run steadystate emission units, the total process weight for the entire period of continuous operationor 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 timewhich 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 oroperation 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 isnot an integral part of a commercial, industrial, or manufacturing process and whose sole purpose is the creation and dispersion of fine solid or liquid particles in a gaseous medium.

(E) Definitions of certain terms specified in this rule, other than those specified in this rule section, may be found in 10 CSR 10- 6.020. (3) General Provisions. (A) Emission Limitations. All applicable sources, except grey iron jobbing cupolas and corn wet milling drying processes, shall meet the following requirements: 1. Except as provided for in paragraph (3)(A)2. and subsection (1)(B) of this rule, no person shall cause, suffer, allow or permit the emission of particulate matter in any one (1) hour from any source in excess of the 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 furtherthat the burden of showing the source gas volume or other volume substituted, including all the factors which determine volume and the methods of determining and computing the volume shall be on the person seeking to comply with the provisions of this section.

Table I Source Gas Volume (at Standard Concentration Cubic Foot Grain Per Per Minute) Cubic Foot 7,000 or less 0.100 8,000 0.096 9,000 0.092 10,000 0.089 20,000 0.071 30,000 0.062 40,000 0.057 50,000 0.053 60,000 0.050 80,000 0.045 100,000 0.042 120,000 0.040 140,000 0.038 160,000 0.036 180,000 0.035 200,000 0.034 300,000 0.030 400,000 0.027 500,000 0.025 600,000 0.024 800,000 0.021 1,000,000 or more 0.020; or

3. Any volume of gases passing throughand leaving an air pollution abatement operation may be substituted for the source gas volume of the emission unit served by the airpollution abatement operation, for the purposes of paragraph (3)(A)2. of this rule, provided that air pollution abatement operation emits no more than forty percent (40%) of the weight of particulate matter entering; and provided further that the substituted volume shall be corrected to standard conditions and to a moisture content no greater than that of any gas stream entering the air pollution abatement operation and further provided that there is an enforceable requirement to operate the air pollution abatement equipment; and 4. Notwithstanding the provisions of paragraphs (3)(A)1. and (3)(A)2. of this rule, no person shall cause, allow, or permit the emission of particulate matter from any source in a concentration in excess of 0.30 grain per standard cubic foot of exhaust
gases.

(B) Grey iron jobbing cupolas shall meet the following requirements: 1. Cupolas shall be equipped with gas cleaning devices operated to remove not less than eighty-five percent (85%) by weight ofall the particulate matter in the cupola discharge gases or release not more than 0.4 grain of particulate matter per standard cubic foot of discharge gas, whichever is more stringent; and 2. All gases, vapors, and gas entrained effluents shall be incinerated at a temperature not less than one thousand two hundred degrees Fahrenheit (1,200 °F) for a period of not less than 0.3 seconds.

(C) All existing corn wet milling drying processes shall be equipped with gas cleaning devices operated to remove not less than ninety-nine and one-half percent (99.5%) by weight of all particulate matter in the dryer discharge gases or release not more than one one-hundredth grain of particulate matter perdry standard cubic foot (0.01 gr/dscf) of discharge gas.

(4) Reporting and Record Keeping. All records of any tests performed to determine the amount of particulate matter emitted from

206 CODE OF STATE REGULATIONS (4/30/12) ROBIN CARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissiona unit shall be kept on-site and available for inspection for five (5) years following the test date.

(5) Test Methods. The amount of particulatematter emitted shall be determined as specified in 10 CSR 10-6.030(5). Any other test method must be approved by the director.

AUTHORITY: section 643.050, RSMo Supp. 2011.* 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.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.

10 CSR 10-6.405 Restriction of Particulate Matter Emissions From Fuel Burning Equipment Used For Indirect Heating

PURPOSE: This rule restricts the emission ofparticulate matter from fuel burning equipment used for indirect heating except where10 CSR 10-6.070 would be applied. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is a necessity evidence memorandum dated March 5, 2008.

(1) Applicability.

(A) This rule applies throughout the state with additional conditions applicable to themetropolitan areas of Kansas City, Springfield, and St. Louis as found in sections (2) and (3) of this rule.

(B) This rule applies to installations in which fuel is burned for the primary purpose of producing steam, hot water, or hot air or other indirect heating of liquids, gases, or solids and, in the course of doing so, the products of combustion do not come into direct contact with process materials. Fuels may include but are not limited to coal, tire derived fuel, coke, lignite, coke breeze, gas, fuel oil, biomass, and wood, but do not include refuse. When any products or byproducts of a manufacturing process areburned for the same purpose or in conjunction with any fuel, the same maximum emission rate limitations shall apply.

(C) An emission unit that is subject to 10CSR 10-6.070 and in compliance with applicable provisions; or an emission unit fueled by landfill gas, propane, natural gas, fuel oils#2 through #6 (with less than one and twotenths percent (1.2%) sulfur), and/or other gases (with hydrogen sulfide levels less than or equal to four (4) parts per million volume as measured using ASTM D4084, or equivalent and mercury concentrations less than forty (40) micrograms per cubic meter as measured using ASTM D5954, or ASTM D6350, or equivalent) would be deemed in compliance with 10 CSR 10-6.405.

(D) The heat input from emission units insubsection (1)(C) of this rule must be included in the calculation of Q, the installation’s total heat input as defined in subsections (3)(D) and (3)(E) of this rule.

(E) An installation is exempt from this rule if all of the installation’s applicable units are fueled only by landfill gas, propane, natural gas, fuel oils #2 through #6 (with less than one and two-tenths percent (1.2%) sulfur), or other gases (with hydrogen sulfide levels lessthan or equal to four (4) parts per million volume as measured using ASTM D4084, or equivalent and mercury concentrations less than forty (40) micrograms per cubic meter as measured using ASTM D5954, or ASTM D6350, or equivalent) or any combination of these fuels.

(2) Definitions.

(A) Existing—Any source which was in being, installed, or under construction on the date provided in the following table:

*Exception: If any source subsequently is altered, repaired, or rebuilt at a cost of thirty percent (30%) or more of its replacement cost, exclusive of routine maintenance, itshall no longer be existing but shall be considered as new.

(B) New—Any source which is not an existing source, as defined in subsection (2)(A) of this rule.

(C) Definitions of certain terms specified in this rule, other than those defined in this rule section, may be found in 10 CSR 10- 6.020.

(3) General Provisions.

(A) The heat content of solid fuels shall be determined as specified in 10 CSR 10-6.040(2). The heat content of liquid hydrocarbon fuels shall be determined as specified in 10 CSR 10-6.040(3).

(B) For purposes of this rule, the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack(s). The hourly heat input value used shall be the equipment manufacturer’s or designer’s guaranteed maximum input, whichever is greater, except in the case of boilers of ten (10) million British thermal units (mmBtu) or less the heat input can also be determined by the higher heating value(HHV) of the fuel used at maximum operating conditions. The total heat input of all fuel burning units used for indirect heating at aplant or on a premises shall be used for determining the maximum allowable amount of particulate matter which may be emitted.

(C) Indirect heating sources requiring permits under 10 CSR 10-6.060 that in turn mayrequire particular air pollution control measures to meet more stringent emission rate limitations than in this rule shall meet the requirements of the permits issued under 10 CSR 10-6.060 Construction Permits Required.

(D) Emission Rate Limitations for Existing Indirect Heating Sources. No person maycause, allow, or permit the emission of particulate matter from existing indirect heatingsources in excess of that specified in the following table:

Where: E = the maximum allowable particulate emission rate limit for existing sources in pounds per mmBtu of heat input, rounded off to two (2) decimal places; and Q = the summation of heat input in mmBtu/hour from all affected fuel burning equipment at a source (including existing equipment, new equipment, NSPS units, and other clean units identified in subsection (1)(C) of this rule).

(E) Emission Rate Limitations for New Indirect Heating Sources. No person maycause, allow, or permit the emission of particulate matter in excess of that specified in the following table:

CODE OF STATE REGULATIONS 207 ROBIN CARNAHAN (4/30/12) 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

Area of State Contruction date began on or before Kansas City Metropolitan Area February 15, 1979 St. Louis Metropolitan Area February 15, 1979 Springfield-Greene County Area September 24, 1971 Outstate Area February 24, 1971 Area of State Heat Input (mmBtu/hour) Rate Limits for Existing Sources (pounds/mmBtu)

Kansas City & St. Louis Metropolitan <10 0.60
DQGE=1.09Q

-

!0.12

Springfield-Greene

County & Outstate Missouri 0.60
!DQGE=0.90Q-0.174

0.18

## 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 10-6.400 (amendment) Restriction of Emission of Particulate Matter from Industrial Processes is hereby AMENDED 

## by the Missouri Air Conservation Commission this 2nd day of February, 

## 2Q 12.

, Chairman

, Vice Chairman

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# PUBLISHER'S AFFIDAVIT

STATE OF MISSOURI,) )ss. 

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Mike Vivion being duly sworn, according to law, says he is Vice President of Central Missouri Newspapers, Inc., Publisher of the News Tribune, a newspaper printed and published in the County of Cole, and State aforesaid; that said newspaper has been published continuously for more than three years; and that the notice hereto attached was published in said paper in compliance with the provisions of Section 493.050

R.S. ofMo. For 2000 as amended for

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______________MISSOURI AIR CONSERVATION COMMISSION WILL HOLD PUBLIC HEARING JEFFERSON CITY, MO The Missouri Air Conservation Commission will hold a public hearing on the use of fuel in hand-fired equipment; coal washing; control of emissions from mdustrial processes, solvent cleaning operations, and municipal solid waste landfills; and definitions and common reference tables on Thursday, December 8, 2011. The Public Hearing will begin 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 item(s). * 10 CSR 10-5.040 (amendment) Use of Fuel in Hand-Fired Equipment Prohibited This proposed amendment will allow the burning of certain fuels, such as clean wood and biomass, in non-residential hand-fired equipment in the St. Louis Metropolitan area. Combustion practices and restrictions will be specified to ensure the eqUipment is operated in an environmentally-sound

manner. 

### * 10 CSR 10-5.455 (amendment) Control of Emissions from Industrial Solvent Cleaning Operations This proposed amendment will incorporate a change requested during the public comment period on a recent rulemaking that was not integrated into the rule text in the manner intended by the commenter. This change to the rule will incorporate equipment cleaning work practices as a compliance option for manufacturers of coatings, inks, and resins in the St. Louis area. 

### * 10 CSR 10-5.130 (amendment) Certain Coals to be Washed This proposed amendment will update the area specific indirect heating rule references with the new statewide consolidated indirect heating rule 10 CSR 10-6.405 that became effective October 30, 2011. * 10 CSR 10-6.020 (amendment) Definitions and Common Reference Tables This proposed amendment will update the area specific indirect heating rule references with the new statewide consolidated indirect heating rule 10 CSR 10-6.405 that became effective October 30, 2011. At the same time, this rulemaking adds definitions of particulate matter for consistency with a December 2010 federal register notice that updated the federal definitions of particulate matter and removes the reference to 10 CSR 10-6.010 which is not necessary because it is redundant to national ambient air quality standards. * 10 CSR 10-6.400 (amendment) Restriction of Emission of Particulate Matter From Industrial Processes This proposed amendment will update the area specific indirect heating rule references with the new statewide consolidated indirect heating rule 10 CSR 10-6.405 that became effective October 30, 2011. * 10 CSR 10-5.490 (amendment) Municipal Solid Waste Landfills This proposed amendment will update the rule to maintain consistency with the federal emission guidelines for municipal solid waste landfills, subpart Cc, that were published in the Federal Register on April 10, 2000, October 17, 2000, and September 21, 2006. These updates corrected typographical and formatting errors and corrected inconsistencies from previous final rule actions. At the same time, additional language and formatting changes are being made for consistency with 10 CSR 10-6.310. Note that definitions proposed for removal in this rulemaking have been added to the general definition rule, 10 CSR 10-6.020. 

### * 10 CSR 10-6,310 (amendment) Restriction of Emissions from Municipal Solid Waste Landfills This proposed amendment will update the rule to maintain consistency with the federal emission guidelines for municipal solid waste landfills, subpart Cc, that were published in the Federal Register on April 10, 2000, October 17, 2000, and September 21, 2006. These updates corrected typographical and formatting errors and corrected inconsistencies from previous final rule actions. Note that definitions proposed for removal in this rulemaking have been added to the general definition rule, 10 CSR 10-6.020. 

### * The State Implementation Plan Actions on Public Notice website (http://dnr.mo.gov/env/apcp/stateplanrevisions.htm) should also be viewed for plan actions that are included in the publiC hearing. Documents for the above item(s) will be available for review at the Missouri Department of Natural Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson City, (573) 751-4817 and in the Public Notices section of the program web site www.dnr.mo.gov/env/apcp/index.htmI.This information will be available at least 30 days prior to the public hearing date. Persons with disabilities requiring special services or accommodations to attend the meeting can make arrangements by calling the Department directly at (573) 526-4679, the Department's toll free number at (800) 334-6946, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commission Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966. The commission holds public hearings under the provisions of chapter 643, RSMo. Citizens wishing to speak at the public hearing should notify the secretary to the Missouri Air Conservation CommisSion, Missouri Department of Natural Resources, Air Pollution Control Program, P.O. Box 176, Jefferson City, Missouri 65102-0176, or telephone (573) 526-4679. The Department 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. The Department also will accept written or email comments for the record until 5 p.m. on December 15, 2011; 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 regarding rule actions shall be sent to apcprulespn@dnr.mo.gov and email comments regarding plan actions shall be sent to apcpsip@dnr.mo.gov

. All written and email comments and public hearing testimony will be equally considered. Public hearing items may be adopted by the Missouri Air Conservation Commission as provided for under authority of 643.050, RSMo. For more information or a complete meeting agenda, including items being presented for adoption, contact the Missouri Department of Natural Resources' Air Pollution Control Program at (573) 751-4817. N.T. November 6, 2011

## PUBLIC HEARING 12/8/2011

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334 MIDWEST LITIGATION SERVICES Page 1

BEFORE THE AIR CONSERVATION COMMISSION STATE OF MISSOURI

DECEMBER 8, 2011 MISSOURI AIR CONSERVATION COMMISSION PUBLIC HEARING Elm Street Conference Center 1730 East Elm Street Lower Level Bennett Springs Conference Room Jefferson City, Missouri 65101 9:00 a.m.

BEFORE:
Mark Garnett, Chairman Gary Pendergrass Ron Boyer Jack Baker David Zimmermann

(Starting time of the public hearing: 9:27 a.m.)

REPORTED BY:

Pamela Fick, RMR, RPR, MO CCR #447 Midwest Litigation Services 3432 West Truman Boulevard, Suite 207 Jefferson City, Missouri 65109 (573) 636-7551 1-800-280-3376

## PUBLIC HEARING 12/8/2011

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334 

## MIDWEST LITIGATION SERVICES Page 2

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

2 CHAIRMAN GARNETT: The hearing will come

3 to order. Let the record show the following

4 Commissioners are present: Mark Garnett, David

5 Zimmermann, Gary Pendergrass, Ron Boyer and Jack

6 Baker.

7 The Air Conservation Commission of the

8 State of Missouri has called this public hearing

9 pursuant to Section 643.070, Revised Statutes of

10 Missouri, EPA promulgated rule 40 CFR 51.102 for the

11 purpose of hearing testimony relating to:

12 10 CSR 10-5.040 (amendment) Use of Fuel in Hand13 Fired Equipment Prohibited; 10 CSR 10-5.455

14 (amendment) Control of Emissions from Industrial

15 Solvent Cleaning Operations; 10 CSR 10-5.130

16 (amendment) Certain Coals to be Washed;

17 10 CSR 10-6.020 (amendment) Definitions and Common

18 Reference Tables; 10 CSR 10-6.400 (amendment)

19 Restriction of Emission of Particulate Matter From

20 Industrial Processes; 10 CSR 10-5.490 (amendment)

21 Municipal Solid Waste Landfills; 10 CSR 10-6.310

22 (amendment) Restriction of Emissions from Municipal

23 Solid Waste Landfills; Missouri State Implementation

24 Plan Revision - 2013 Cross-State Air Pollution Rule

25 State Allowance Allocations for Existing Units For

## PUBLIC HEARING 12/8/2011

www.midwestlitigation.com Phone: 1.800.280.DEPO(3376) Fax: 314.644.1334 

## MIDWEST LITIGATION SERVICES Page 15
1 air quality standards because they are redundant.

2 If the Commission adopts this rule

3 action, it will be the Department's intention to

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

5 Protection Agency to replace the current rule that is

6 in the Missouri State Implementation Plan.

7 Mr. Chairman, that concludes my

8 testimony. I will be happy to answer any questions

9 you might have specific to these rule amendments.

10 CHAIRMAN GARNETT: Questions?

11 (NO RESPONSE.)

12 CHAIRMAN GARNETT: Okay, Aaron.

13 MR. BASHAM: Mr. Chairman, members of

14 the Commission, my name is Aaron Basham. I am

15 employed with the Missouri Department of Natural

16 Resources Air Pollution Control Program as an

17 environmental engineer. I work at 1659 East Elm

18 Street in Jefferson City, Missouri.

19 I am here to present testimony for the

20 proposed amendment to 10 CSR 10-6.400, Restriction of

21 Emission of Particulate Matter from Industrial

22 Processes. The rule information begins on page 215

23 of the briefing document.

24 The proposed amendment will replace the

25 area specific indirect heating rule reference in thecontent determination, flow rate or bypass flow rate measurements, and exit velocity determinations made during the performance test as specified in 40 CFR [part] 60.18 [(incorporated by reference)]; continuous records of the flare pilot flame or flare flame monitoring and records of all periods of operations during which the pilot flame of the flare flame is absent;

(10) Specifications for Active Collection Systems.

(A) Each owner or operator seeking to comply with subparagraph (3)(B)2.A. of this rule shall site active collection wells, horizontalcollectors, surface collectors, or other extraction devices at a sufficient density throughout all gas producing areas using the following procedures unless alternative procedures have been approved by the director and EPA as provided in parts (3)(B)2.A.(III) and (IV) of this rule: 1. The collection devices within the interior and along the perimeter areas shall be certified to achieve comprehensive control of surface gas emissions by a professional engineer. The following issues shall be addressed in the design: depths of refuse, refuse gasgeneration rates and flow characteristics, cover properties, gas system expandability, leachate and condensate management, accessibility, compatibility with filling operations, integration with closure end use, air intrusion control, corrosion resistance, fill settlement, and resistance to the refuse decomposition heat; 2. The sufficient density of gas collection devices determined in paragraph (10)(A)1. of this rule shall address landfill gas migration issues and augmentation of the collection system through the use of active or passive systems at the landfill perimeter or exterior; and3. The placement of gas collection devices determined in paragraph (10)(A)1. of this rule shall control all gas producing areas, except as provided by subparagraphs (10)(A)3.A. and B. of this rule.A. Any segregated area of asbestos or nondegradable material may be excluded from collection if documentation is provided as specified under subsection (9)(D)[.] of this rule. The documentation shall provide the nature, date of deposition, location and amount of asbestos or nondegradable material deposited in the area, and shall be provided to the director upon request. B. Any nonproductive area of the landfill may be excluded from control, provided that the total of all excluded areas can be shown to contribute less than one percent (1%) of the total amount of NMOC emissions from the landfill. The amount, location, and age of the material shall be documented and provided to the director upon request. A separate NMOC emissions estimate shall be madefor each section proposed for exclusion, and the sum of all such sections shall be compared to the NMOC emissions estimate for the entire landfill. Emissions from each section shall be computed using the following equation:

Qi = 2 k Lo Mi (e-kti) (CNMOC) (3.6 × 10-9)

where, Qi = NMOC emission rate from the ith section,
megagrams per year k = methane generation rate constant, year-1 Lo = methane generation potential, cubic meters per megagram solid waste Mi = mass of the degradable solid waste in the ith section, megagram
ti = age of the solid waste in the ith section, years CNMOC = concentration of nonmethane organic compounds, parts per million by volume 3.6 × 10-9 = conversion factor

C. The values for k[,] and CNMOC determined in field testing shall be used, if field testing has been performed in determining the NMOC emission rate or the radii of influence (the distance from the well center to a point in the landfill where the pressure gradientapplied by the blower or compressor approaches zero). If field testing has not been performed, the default values for k, Lo, and CNMOC provided in paragraph (5)(A)1. of this rule or the alternative valuesfrom (5)(A)5. of this rule shall be used. The mass of nondegradable solid waste contained within the given section may be subtracted from the total mass of the section when estimating emissions provided the nature, location, age, and amount of the nondegradable material is documented as provided in subparagraph (10)(A)3.A. of this rule.

AUTHORITY: section 643.050, RSMo [Supp. 1998] 2000. Original rule filed Jan. 14, 1997, effective Sept. 30, 1997. Amended: Filed Oct. 7, 1999, effective July 30, 2000. Amended: Filed Sept. 26, 2011.

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., December 8, 2011. 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., December 15, 2011. 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 rule purpose statement. 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 thatis 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 particulate matter in the source gas of an operation or activity except where 10 CSR 10-2.040, 10 CSR 10-3.060, 10 CSR 10-4.040, 10 CSR 10-5.030,and/or 10 CSR 10-6.070 would be applied. The purpose of this rulemaking is to update the references to the area specific indirect heating rules with the new statewide consolidated indirect heating rule. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is new rule 10 CSR 10-6.405, Restriction of Particulate Matter Emissions From Fuel Burning Equipment Used For Indirect Heating which replaces the area specific indirect heating rules. 

## Page 2269 November 1, 2011 Vol. 36, No. 21 

### Missouri RegisterPURPOSE: This regulation restricts the emission of particulate matter in the source gas of an operation or activity except where 10 CSR 10-[2.040, 10 CSR 10-3.060, 10 CSR 10-4.040, 10 CSR 10- 5.030]6.405 and/or 10 CSR 10-6.070 would be applied.

AUTHORITY: section 643.050, RSMo 2000. Original rule filed Jan. 14, 2000, effective Aug. 30, 2000. Amended: Filed Dec. 22, 2000, effective Sept. 30, 2001. Amended: Filed Sept. 9, 2008, effective May 30, 2009. Amended: Filed July 1, 2010, effective Feb. 28, 2011. Amended: Filed Sept. 16, 2011.

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 state agencies or political subdivisions 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., December 8, 2011. 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., December 15, 2011. 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 11—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission Chapter 1—Organization and Administration

PROPOSED AMENDMENT

11 CSR 45-1.015 Code of Ethics . The commission is amending section (7).

PURPOSE: This amendment clarifies the conditions under which commission members and employees may not participate in gaming at a location owned or operated by a licensee or licensee applicant.

(7) Gambling Prohibited [in Missouri] at Certain Properties . No member or employee of the commission shall participate in any gaming at any location [in Missouri] which is owned or operated by a licensee of the commission, a license applicant, or under the jurisdiction of the commission.

AUTHORITY: section 313.004.4, RSMo [1994] 2000. Original rule filed March 29, 1994, effective Sept. 30, 1994. Emergency rule filed June 14, 1994, effective June 24, 1994, expired Oct. 21, 1994. Amended: Filed Feb. 19, 1998, effective Aug. 30, 1998. Amended: Filed Nov. 10, 1998, effective June 30, 1999. Amended: Filed Sept. 29, 2011.

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 any private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with the Missouri Gaming Commission,PO Box 1847, Jefferson City, MO 65102. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. A public hearing is scheduled for December 14, 2011, at 10:00 a.m., in the Missouri Gaming Commission’s Hearing Room, 3417 Knipp Drive, Jefferson City, Missouri.



### Title 11—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission Chapter 1—Organization and Administration

PROPOSED AMENDMENT

11 CSR 45-1.080 Participation in Games by Employees of the Commission. The commission is amending section (1).

PURPOSE: This amendment clarifies the conditions under whichcommission members and employees may not participate in regulated games.

(1) Unless participating in a regulatory investigation, no member of the commission, the director, or any employees or agents of the commission may—

(A) Participate [in Missouri] in any game or activity, which is regulated by the Act, and is owned or operated by a licensee of the commission or license applicant;

(C) Accept or request [complementaries] complimentaries for themselves or others from a Missouri licensee or applicant, or any properties owned or operated by the licensee or applicant

.
AUTHORITY: section[s] 313.004, RSMo 2000, and section 313.805, RSMo [Supp. 1993)] Supp. 2010. Emergency rule filed Sept. 1, 1993, effective Sept. 20, 1993, expired Jan. 17, 1994. Emergency rule filed Jan. 5, 1994, effective Jan. 18, 1994, expired Jan. 30, 1994. Original rule filed Sept. 1, 1993, effective Jan. 31, 1994. Amended: Filed Sept. 29, 2011.

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 any private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: Anyone may file a statement in support of or in opposition to this proposed amendment with the Missouri Gaming Commission,PO Box 1847, Jefferson City, MO 65102. To be considered, comments must be received within thirty (30) days after publication of this notice in the Missouri Register. A public hearing is scheduled for December 14, 2011, at 10:00 a.m., in the Missouri Gaming Commission’s Hearing Room, 3417 Knipp Drive, Jefferson City, Missouri.



### Title 11—DEPARTMENT OF PUBLIC SAFETY Division 45—Missouri Gaming Commission Chapter 5—Conduct of Gaming

PROPOSED AMENDMENT

11 CSR 45-5.030 Participation in Gambling Games by a Holder of a Class A or Supplier License, and the Directors, Officers, Key Persons or Employees of Such Licensees . The commission is amending section (1).

PURPOSE: This amendment establishes standards for participation in games for certain people. 

## Page 2270 Proposed Rules November 1, 2011 Vol. 36, No. 21April 16, 2012 Vol. 37, No. 8

10 CSR 10-6.310 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on November 1, 2011 (36 MoReg 2260–2269). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

.
SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received five (5)comments from three (3) sources on this rule amendment: a representative for the Missouri solid waste industry and the Environmental Industry Association, an attorney representing the IESI Corporation, and the U.S. Environmental Protection Agency (EPA).

Due to the similarity in the following two (2) comments, one (1) response that addresses these comments is at the end of these two (2)
comments:

COMMENT #1: The representative for the Missouri solid waste industry and the Environmental Industry Association commented thatthe industry was not aware of this regulation until it was sent out electronically a few days before the Missouri Register came out. In the future it is expected that programs within the department would make each other aware of rulemakings in development so that involved companies can work with staff a little earlier.COMMENT #2: The attorney representing IESI Corporation commented that he echoed the comments made by the representative forthe solid waste industry about involving industry early on in rulemakings before seeing rule actions published in the Missouri Register. However, the proposed amendments should be adopted to bring Missouri into compliance with the federal laws. They believe they are already in compliance with these proposed changes because they already meet the federal New Source Performance Standards. RESPONSE: The Air Program regrets these commenters were not aware of this rulemaking earlier. This rulemaking simply updated state rules for consistency with federal requirements. The Air Program communicated the proposed rulemaking with industry in general and other stakeholders via the Air Forum email listserv and within the department through the rulemaking process prior to filing with the secretary of state on September 26, 2011. The proposed rulemaking was made available for public review and comment by publishing in the Missouri Register and posting on the Air Program’s Rulemakings on Public Notice webpage on November 1, 2011. However, based on these comments the Air Program is evaluatinghow to better communicate rulemakings with industry and other programs within the department beyond our current activities. No wording changes have been made to the rule text as a result of this comment.

COMMENT #3: EPA commented for rule 10 CSR 10-5.490 that areference to the Clean Air Act found in section (1) should be corrected to the Code of Federal Regulations

. RESPONSE AND EXPLANATION OF CHANGE: Since rule 10 CSR 10-6.310 also contains a similar reference to the Clean Air Act in section (1) of the rule and both rule amendments were presented together, EPA’s comment on 10 CSR 10-5.490 is also applicable to 10 CSR 10-6.310. Therefore, the last sentence in subsection (1)(D) has been revised to reference the Code of Federal Regulations

.
COMMENT #4: EPA commented that section (3) incorporates by reference the Code of Federal Regulations (CFR) as of June 30th.EPA believes the more appropriate date would be July 1st to specifically reference the Code of Federal Regulations compilation date. RESPONSE AND EXPLANATION OF CHANGE: As a result of this comment, subsection (3)(C) rule text has been revised to change the June 30th date to July 1st. COMMENT #5: EPA commented that subsection (3)(C) was added and discusses incorporation by reference. The EPA does not believe that the reference to 40 CFR 52.21, is relevant to this rule because it relates to the Prevention of Significant Deterioration program and is not relevant for municipal solid waste landfills. RESPONSE AND EXPLANATION OF CHANGE: As a result ofthis comment, subsection (3)(C) rule text has been revised to indicate that certain references to the department should be used in place of the federal counterpart for incorporating federal regulations in the state rule.

10 CSR 10-6.310 Restriction of Emissions From Municipal Solid Waste Landfills

(1) Applicability.

(D) For purposes of obtaining an operating permit under Title Vof the Clean Air Act, the owner or operator of an MSW landfill subject to this rule with a design capacity less than two and one-half (2.5) million megagrams or two and one-half (2.5) million cubicmeters is not subject to the requirements to obtain an operating permit for the landfill under 40 Code of Federal Regulations (CFR) 70 or 71, unless the landfill is otherwise subject to either 40 CFR 70 or 71. For purposes of submitting a timely application for an operating permit under 40 CFR 70 or 71, the owner or operator of an MSW landfill subject to the rule with a design capacity greater than orequal to two and one-half (2.5) million megagrams and two and onehalf (2.5) million cubic meters on the effective date of EPA approval of the state’s program under section 111(d) of the Clean Air Act (June 23, 1998), and not otherwise subject to either 40 CFR 70 or 71, becomes subject to the requirements of 40 CFR 70.5(a)(1)(i) or 71.5(a)(1)(i) ninety (90) days after the effective date of such 111(d)program approval, even if the design capacity report is submitted earlier.

(3) Standards for Air Emissions from Municipal Solid Waste Landfills. Provisions of 40 CFR 51, 40 CFR 52, 40 CFR 60, and 40 CFR 258 are incorporated by reference in subsection (3)(C) of this rule. Also, the Compilation of Air Pollutant Emission Factors, Volume I: Stationary Point and Area Sources, AP-42, Fifth Edition, January 1995 (hereafter AP-42), as published by the Government Printing Office, 732 North Capitol Street NW, Washington, DC20401, shall apply and is hereby incorporated by reference, including Supplement E dated November 1998. This rule does not incorporate any subsequent amendments or additions.

(C) The specific citations of 40 CFR 51, 40 CFR 52, 40 CFR 60, and 40 CFR 258 referenced in this rule and published July 1, 2011, shall apply and are hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington,DC 20408. This rule does not incorporate any subsequent amendments or additions. Certain terms used in 40 CFR refer to federal officers and agencies. The following terms applicable to Missourishall be substituted where appropriate for the delegable federal counterparts: Director shall be substituted for Administrator, and Missouri Department of Natural Resources shall be substituted for EPA, EPA Regional Office, or Environmental Protection Agency:



### 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. 2011, the commission amends a rule as follows: 

## Page 614 Orders of Rulemaking10 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 November 1, 2011 (36 MoReg 2269–2270). No changes have been made in the textof 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 ofNatural Resources’ Air Pollution Control Program received no comments on the proposed amendment.



### Title 20—DEPARTMENT OF INSURANCE, FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION Division 2030—Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects Chapter 2—Code of Professional Conduct

ORDER OF RULEMAKING

By the authority vested in the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects under section 327.041, RSMo Supp. 2011, the board amends a rule as follows:

20 CSR 2030-2.040 is amended.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on December 1, 2011 (36 MoReg 2701). Those sections with changes are reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The board received one (1) comment on the proposed amendment.

COMMENT #1: A comment was submitted by Chris Davis on behalfof AIA Missouri. The comment was in support of the change; however, it was suggested that the amendment be further clarified to reflect the 2012 International Building Code, Section 107 so that there would be a reference to the latest code version. RESPONSE AND EXPLANATION OF CHANGE: The boardreviewed the comment and agreed that the proposed amendment should be revised to make reference to the 2012 International Building Code instead of the 2009 version.

20 CSR 2030-2.040 Standard of Care

PURPOSE: This rule provides the recipient and producer of professional architectural, engineering, and/or landscape architectural services assurances that all services are evaluated in accordance with the 2012 edition of the International Building Code, Section 107.

(1) The board shall use, in the absence of any local building code, Section 107 only of the 2012 edition of the International Building Code, not including or applying any other sections referenced within Section 107, as the standard of care in determining the appropriate conduct for any professional licensed or regulated by this chapter and being evaluated under section 327.441.2.(5), RSMo. The International Code Council, 2012 Edition is incorporated herein by reference and may be obtained by contacting 500 New Jersey AveNW, 6th Floor, Washington, DC 20001, by phone at (888) ICCSAFE (422-7233), by fax at (202) 783-2348, or by their direct website at http://www.iccsafe.org. This rule does not incorporate any subsequent amendments or additions to the manual.



### Title 20—DEPARTMENT OF INSURANCE, FINANCIAL INSTITUTIONS AND PROFESSIONAL REGISTRATION Division 2030—Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects Chapter 2—Code of Professional Conduct

ORDER OF RULEMAKING

By the authority vested in the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects under sections 327.041 and 327.411, RSMo Supp. 2011, the board amends a rule as follows:

20 CSR 2030-2.050 Title Block is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on December 1, 2011 (36 MoReg 2701). 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 2030—Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects

Chapter 11—Renewals

ORDER OF RULEMAKING

By the authority vested in the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects under section 327.041, RSMo Supp. 2011, and section 327.261, RSMo 2000, the board amends a rule as follows:

20 CSR 2030-11.015 Continuing Professional Competency for Professional Engineers is amended

. A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on December 1, 2011 (36 MoReg 2701–2702). No changes have been made in the textof 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 2030—Missouri Board for Architects, Professional Engineers, Professional Land Surveyors, and Landscape Architects

Chapter 11—Renewals

ORDER OF RULEMAKING 

## Page 615 April 16, 2012 Vol. 37, No. 8 

### Missouri Register