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 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 newspaper notices 

Copy of public hearing transcript introductory statement 

Copy ofMO Reg proposed rulemaking 

Copy ofMO Reg order of rule making with comments/responses 

c: Missouri Air Conservation Commission 
quantifiable measures to increase energy efficiency, reduce energy demand, or increase

use of renewable fuels.

(E) Monitoring Requirements.

1. Any owner or operator meeting the

applicability of section (1) of this rule shall

not operate such equipment unless it is

equipped with one of the following:

A. A continuous emissions monitoring system (CEMS), which meets the applicable requirements of 40 CFR part 60, subpart A, Appendix B, and complies with the

quality assurance procedures specified in 40

CFR part 60, Appendix F. The CEMS shall

be used to demonstrate compliance with the

applicable emission limit; or

B. A calculational and record keeping

procedure based upon actual NOx emissions

testing and correlations with operating

parameters. The installation, implementation

and use of such an alternate calculational and

record keeping procedure must be approved

by the director and EPA and incorporated into

the SIP in writing prior to implementation.

2. The CEMS or approved alternate

monitoring procedure shall be operated and

maintained in accordance with an on-site

CEMS or alternate monitoring plan approved

by the director.

(F) Excess Emissions During Start-Up,

Shutdown, or Malfunction. If the owner or

operator provides notice of excess emissions

pursuant to state rule 10 CSR 10-

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

whether the excess emissions are attributable

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

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

the excess emissions are attributable to such

conditions, and if such excess emissions

cause a kiln to exceed the applicable emission

limits in this rule, the director will determine

whether enforcement action is warranted, as

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

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

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

would not be included in the calculation of

ozone season NOx emissions. 

(4) Reporting and Record Keeping.

(A) Reporting Requirements. The owner or

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

comply with the following requirements:

1. The owner or operator shall submit to

the director the identification number and

type of each unit subject to this rule or to the

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

the name and address of the plant where the

unit is located, and the name and telephone

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

1, 2007;

2. The owner or operator shall submit

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

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

from May 1 through September 30 of each

year to the director by November 1 of that

year, beginning in 2007; and

3. The owner or operator of a unit subject to this rule or to the exemption in subsection (1)(D) of this rule and operating a

CEMS shall submit an excess emissions monitoring systems performance report, in accordance with the requirements of 40 CFR

60.7(c) and 60.13.

(B) Record-Keeping Requirements. Any

owner or operator of a unit subject to this

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

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

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

which the subject unit is located. The records

shall be made available to the director upon

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

each day of the control period the unit is

operated:

1. The identification number of each

unit and the name and address of the plant

where the unit is located for each unit subject

to the requirements of this rule or to the

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

2. The calendar date of record;

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

shutdowns, malfunctions, and the type and

duration of maintenance and repair;

4. The date and results of each emissions inspection;

5. A summary of any emissions corrective maintenance taken;

6. The results of all compliance tests;

and

7. If a unit is equipped with a CEMS—

A. The identification of time periods

during which NOx standards are exceeded,

the reason for the exceedance, and action

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

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

for not obtaining sufficient data and a

description of corrective actions taken.

(5) Test Methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo 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 of

Particulate 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 whole

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

4. Smoke generating devices, as defined

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

required permit or a written determination

that a permit is not required has been issued

or written; 

5. Batch-type charcoal kilns required to

comply with 10 CSR 10-6.330;

6. The burning of fuel for indirect heating;

7. Fugitive emissions;

8. Emission sources that are exempt

from construction permitting under 10 CSR

10-6.061;

9. Emission sources that are permitted

by rule under 10 CSR 10-6.062;

10. The burning of refuse;

11. The processing of salvageable material by burning;

12. Emission units that at maximum

design capacity have a potential to emit less

than one-half (0.5) pounds per hour of particulate matter; 

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

14. Coating operations equipped with a

control system designed to control at least

ninety-five percent (95%) of the particulate

overspray provided the system is operated and

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

15. Any particulate matter emission unit

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 205

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
that is subject to a federally enforceable

requirement to install, operate, and maintain

a particulate matter control device system that

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

16. Emission units that at maximum

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

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

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

Code of State Regulations are also applicable

to particulate matter emission units, the more

stringent requirement shall apply.

(2) Definitions.

(A) Process weight is defined as the total

weight of all materials, including solid fuels,

introduced into an emission unit, which may

cause any emission of particulate matter, but

excluding liquids and gases used solely as

fuels and air introduced for purposes of combustion. 

(B) Process weight rate is defined as a rate

in tons per hour established as follows:

1. The rate of materials introduced to

the process which may cause any emission of

particulate matter;

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

for the entire period of continuous operation

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

3. For cyclical or batch emission units,

the total process weight for a period of time

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

actual process operation during that period;

or 

4. Where the nature of any process or

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

section, that interpretation which results in

the minimum value for allowable emissions

shall apply. 

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

a single melting cycle operated no more than

ten (10) hours in any consecutive twenty-four

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

in any consecutive seven (7) days. 

(D) A smoke generating device is defined

as a specialized piece of equipment which is

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

sole purpose is the creation and dispersion of

fine solid or liquid particles in a gaseous

medium.

(E) Definitions of certain terms specified

in this rule, other than those specified in this

rule section, may be found in 10 CSR 10-

6.020.

(3) General Provisions. 

(A) Emission Limitations. All applicable

sources, except grey iron jobbing cupolas and

corn wet milling drying processes, shall meet

the following requirements:

1. Except as provided for in paragraph

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

person shall cause, suffer, allow or permit the

emission of particulate matter in any one (1)

hour from any source in excess of the amount

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

weight rate:

For process weight rates of 60,000 pounds

per hour (lb/hr) or less: 

E = 4.10P 0.67

and for process weight rates greater than

60,000 lb/hr:

E = 55.0P 0.11 – 40;

where:

E = rate of emission in lb/hr; and

P = process weight rate in tons per hour

(tons/hr); or

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

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

the concentration specified in paragraph

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

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

may elect to substitute a volume determined

according to the provisions of paragraph

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

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

all the factors which determine volume and

the methods of determining and computing

the volume shall be on the person seeking to

comply with the provisions of this section.

Table I

Source Gas

Volume (at Standard Concentration

Cubic Foot Grain Per

Per Minute) Cubic Foot

7,000 or less 0.100

8,000 0.096

9,000 0.092

10,000 0.089

20,000 0.071

30,000 0.062

40,000 0.057

50,000 0.053

60,000 0.050

80,000 0.045

100,000 0.042

120,000 0.040

140,000 0.038

160,000 0.036

180,000 0.035

200,000 0.034

300,000 0.030

400,000 0.027

500,000 0.025

600,000 0.024

800,000 0.021

1,000,000 or more 0.020; or

3. Any volume of gases passing through

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

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

emits no more than forty percent (40%) of

the weight of particulate matter entering; and

provided further that the substituted volume

shall be corrected to standard conditions and

to a moisture content no greater than that of

any gas stream entering the air pollution

abatement operation and further provided that

there is an enforceable requirement to operate

the air pollution abatement equipment; and

4. Notwithstanding the provisions of

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

no person shall cause, allow, or permit the

emission of particulate matter from any

source in a concentration in excess of 0.30

grain per standard cubic foot of exhaust

gases. 

(B) Grey iron jobbing cupolas shall meet

the following requirements:

1. Cupolas shall be equipped with gas

cleaning devices operated to remove not less

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

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

grain of particulate matter per standard cubic

foot of discharge gas, whichever is more

stringent; 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 per

dry 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 Commission
a unit shall be kept on-site and available for

inspection for five (5) years following the test

date.

(5) Test Methods. The amount of particulate

matter emitted shall be determined as specified in 10 CSR 10-6.030(5). Any other test

method must be approved by the director. 

AUTHORITY: section 643.050, RSMo 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 of

particulate matter from fuel burning equipment used for indirect heating except where

10 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 the

metropolitan 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 are

burned 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 10

CSR 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 in

subsection (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 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) 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, it

shall 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 a

plant 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 may

require 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 may

cause, allow, or permit the emission of particulate matter from existing indirect heating

sources 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 may

cause, allow, or permit the emission of particulate matter in excess of that specified in

the following table:

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

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 

DQG E=1.09Q-

! 0.12 

Springfield-Greene 

County & 

Outstate Missouri 

 0.60 

!DQG E=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, 2Q12. 

, Chairman 

, Vice Chairman 

......::....=----=---+-----==:............: ah::......--_-, Member

_~;;u. ~=-=---=,----=--_-z:/ _______,Member 

_________________, Member 

_________________,Member 

_________________,Member 
------------

PUBLISHER'S AFFIDAVIT 


STATE OF MISSOURI,) 

)ss. 

COUNTY OF COLE) 

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. of Mo. For 2000 as amended for ___1_t_im_e___ as follows: 

1st insertion, No. _______6_th__day of___N_ov_e_m_b_e_r__:, 20__1_1__ 

2nd insertion, No. _________ day of ,20____ 

3rd insertion, No. _________day of ,20____ 

4th insertion, No. ___________ day of , 20 

5th insertion, No. _________ day of ,20____ 

Fee: $301.00 2Jt;t I/~ 10th Subscribed and sworn to before me this •• ~ ..... i • ~ ~ 

"" ",'!. I" i'" '"'' ayo ________ November ~--__---, 20 _____________ 11 _ .. "' ......... ' d f 
 ~ ~ ~ , 

.\ -1 

lilrbaM. ~Cwftil!!,,¥fH, ',pcc, 

.. , 

My term as Notary Public expires ______________ 
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 the
content 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, horizontal

collectors, 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 gas

generation 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; and

3. 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 made

for 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

t

i = 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 gradient

applied 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 values

from (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 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 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 Register
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]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 which

commission 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. 21
April 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 that

the 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 for

the 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 evaluating

how 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 a

reference 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 of

this 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 V

of 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 cubic

meters 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 or

equal 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, DC

20401, 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 Missouri

shall 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 Rulemaking
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 November 1,

2011 (36 MoReg 2269–2270). 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 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 behalf

of 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 board

reviewed 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 Ave

NW, 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 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

Page 615 April 16, 2012

Vol. 37, No. 8 Missouri Register