## Mr. Karl Brooks Page Two

Program at P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751-7840.

Sincerely,

# ~~UT~CONTROLPROGRAM

Kyra 

## L. Moore Director

KLM:spc

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 of MO Reg order of rulemaking with comments/responses

c: Missouri Air Conservation Commission

## Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area 10 CSR 10-5

Title 10—DEPARTMENT OF

NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules

Specific to the St. Louis Metropolitan Area

10 CSR 10-5.010 Ambient Air Quality Standards (Rescinded February 11, 1978)

AUTHORITY: section 203.050, RSMo 1969. Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed Jan. 2, 1970, effective Jan. 12, 1970. Rescinded: published Sept. 1, 1977, effective Feb. 11, 1978.

10 CSR 10-5.020 Definitions (Rescinded February 11, 1978)

AUTHORITY: section 203.050, RSMo 1969. Original rule March 14, 1967, effective March 24, 1967. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Rescinded: published Sept. 1, 1977, effective Feb. 11, 1978.

10 CSR 10-5.030 Maximum Allowable Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating (Rescinded October 30, 2011)

AUTHORITY: section 643.050, RSMo 1994. Original rule filed March 14, 1967, effective March 24, 1967. Rescinded and readopted: Filed Aug. 11, 1978, effective Feb. 11, 1979. Amended: Filed March 14, 1984, effective Sept. 14, 1984. Rescinded: Filed Feb. 25, 2011, effective Oct. 30, 2011.

10 CSR 10-5.040 Control of Emissions From Hand-Fired Equipment

PURPOSE: This rule sets conditions and restrictions for the operation of hand-fired fuel-burning equipment in the St. Louis Metropolitan Area.

(1) Applicability. This rule shall apply to allhand-fired, fuel-burning equipment at commercial facilities, including, but not limited to furnaces, heating and cooking stoves, and hot water furnaces with the exception of the following:

(A) Fires used for recreational purpose; (B) Fires used solely for the preparation of food by barbecuing;(C) Wood-burning fireplaces in commercial facilities that are part of the building décor and are not intended to supply building heat;

(D) Ovens that only burn wood, charcoal,or anthracite coal for pizzas or bakery products;

(E) Craftsman, hobbyist, horseshoe, andrivet blacksmith forges that only burn charcoal, coking coal, or coke; and

(F) Wood and coal-fired educational, hobbyist, or recreational steam engines or tractors for demonstrations.

(2) Definitions.

(A) Clean wood—Wood that has not beentreated (including, but not limited to, treatment with copper chromium arsenate, creosote, or pentachlorophenol) and has no paint, stain, or any other type of coating.

(B) 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. No owner or operatorshall operate applicable hand-fired, fuelburning equipment unless the following conditions are met:

(A) Hand-fired equipment shall be operated to minimize emissions at all times. This includes, but is not limited to, following all manufacturers’ operation and maintenance guidelines;

(B) Hand-fired equipment must be commercially manufactured;

(C) Hand-fired equipment may only burn process waste generated onsite;

(D) Equipment shall have a permanent stack extending five feet (5') higher than the peak of any roof structure located within one hundred fifty feet (150');

(E) Fuel shall be clean wood with a moisture content less than or equal to twenty-five percent (25%); and

(F) Each piece of equipment shall burn nomore than thirty (30) tons of fuel per calendar year.

(4) Reporting and Record Keeping.

(A) The owner or operator of hand-fired equipment subject to this rule shall keep records necessary to determine compliance.

(B) Records verifying that only dry wood was used for fuel may be used to demonstrate compliance with the moisture content requirement.

(C) Records required under subsections (4)(A) and (4)(B) of this rule shall be retained by the owner or operator for a minimum of five (5) years. These records shall be made available to the director upon request.

(5) Test methods. (Not Applicable)
AUTHORITY: section 643.050, RSMo Supp. 2011.* Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed Sept. 26, 2011, effective May 30, 2012.

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

10 CSR 10-5.050 Restriction of Emission ofParticulate Matter From Industrial Processes (Rescinded March 30, 2001)

AUTHORITY: section 643.050, RSMo 1994. Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed June 30, 1975, effective July 10, 1975. Amended: Filed March 15, 1979, effective Nov. 11,1979. Amended: Filed Oct. 13, 1983, effective March 12, 1984. Rescinded: Filed Aug. 4, 2000, effective March 30, 2001.

10 CSR 10-5.060 Refuse Not to be Burned in Fuel Burning Installations (Rescinded February 11, 1979)

AUTHORITY: section 203.050, RSMo 1975. Original rule filed March 14, 1967, effective March 24, 1967. Rescinded: Filed Aug. 11, 1978, effective Feb. 11, 1979.

10 CSR 10-5.070 Open Burning Restrictions (Rescinded January 30, 2008)

AUTHORITY: section 643.050, RSMo 1994. Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed Nov. 9, 1983, effective April 12, 1984. Amended: Filed June 30, 1994, effective Jan. 29, 1995. Rescinded: Filed June 7, 2007, effective Jan. 30, 2008.

10 CSR 10-5.080 Incinerators (Rescinded December 9, 1991)

AUTHORITY: section 203.050, RSMo 1986. Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed Dec. 15, 1982, effective May 12, 1983. Amended: Filed June 15, 1983, effective Nov. 11, 1983. Amended: Filed Oct. 13, 1983, effective March 12, 1984. Rescinded: Filed May 20, 1991, effective Dec. 9, 1991.

CODE OF STATE REGULATIONS 5 R OBIN C ARNAHAN (4/30/12) Secretary of State

## 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 10-5

. 040 (amendment) Use of Fuel in Hand-Fired Equipment Prohibited is hereby AMENDED by the Missouri Air Conservation Commission this 2 nd 

## day of February, 2012.

, Chairman

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## 1 Technical Support Document for the Proposed Amendment to 10 CSR 10-5.040 Use of Fuel in Hand-Fired Equipment Prohibited December 15, 2011

Background State regulation 10 CSR 10-5.040 Use of Fuel in Hand-Fi red Equipment Prohibited is being amended to allow commercial facilities in the St. Louis metropolitan area to use scrap clean wood in their hand-fired equipment. The rule currently prohibits the use of any hand-fired equipment, regardless of the fuel used. At the time 10 CSR 10-5.040 was adopted in 1965, the intent was to prohibit the burning of co al in hand-fired equipment, since only coal emissions were the subject of regulators’ scrutiny in that era. The original rulemaking predates the Clean Air Act and its subsequent amendments, so the rule authors could not have anticipated the futureregulation of other pollutants and fuels. This resulted in a regulation that is worded insuch a way as to prohibit the combustion of any fuel in hand-fired equipment, not just coal. To address this shortcoming, the proposed rule amendment will allow commercial sources the option of fueling their handfired equipment with clean wood, up to a limit of 30 tons of fuel per device per year.

Anti-Backsliding Section 193 of the Clean Air Act Amendmentsof 1990 prohibits the relaxation of any control requirement in non-attainment areas and is commonly referred to as “antibacksliding.” The anti-back sliding provision requires ru lemakings for non-attainment areas to include a quantitative demonstration that the rulemaking will not cause a decrease in air quality in the area. To fulfill the anti-backsliding requirement, this analysis estimates the impact on air quality of the emissions from hand-fired equipment under the proposed amendment.

Scope of Regulation The Missouri Department of Natural Res ources’ Air Pollution Control Program has identified three (3) businesses that would be affected by this rulemaking, operating a total of five (5) devices. One of the businesse s is currently burning their wood scrap to provide building heat under a variance issued by th e Missouri Air Conservation Commission in December 2009 and subsequently extended in December 2010 and December 2011. They requested an amendment to the hand-fired equipment rule to allow them to permanently continuethis practice without a variance.

Assumptions and Calculations As proposed in the amendment to 10 CSR 10-5.040, the only permi ssible fuel for handfired equipment would be clean, dry wood. This is consistent with the information from the known sources in the St. Louis area that would be affected by the amended rule.

## 2 They all wish to burn waste wood generated from their business activities. Therefore, this air impact study uses clean, dry wood as the presumptive fuel.

Table 1 shows the emission factors associ ated with wood combustion. The higher heating value of wood is used to convert pounds of pollutant per million British thermal units (Btu) to pounds of pollutant per ton of wood. The emission factors assume no controls are being used on hand-fired equipment.

Table 1

Pollutant Emission Factor 1 

### (lb pollutant/MMBtu) Higher Heating Value of Wood 2 

### Equivalent Emission Factor (lbs pollutant/ton wood) 3 

### (Btu/lb of

wood) (MMBtu/lb of wood)

PM 2.5

### 0.31 8,000 0.008 4.96

PM 10

### 0.36 8,000 0.008 5.76 CO 0.60 8,000 0.008 9.6
NO x

### 0.49 8,000 0.008 7.84
SO x

### 0.025 8,000 0.008 0.4 VOC 0.017 8,000 0.008 0.272

1 

## AP 42, Fifth Edition, Volume 1, Chapter 1: External Combustion Sources, Section 1.6: Wood Residue Combustion in Boilers, Tables 1.6-1, 1.6-2, and 1.6-3.
2 

## http://bioenergy.ornl.gov/ papers/misc/energy_conv.htmland http://www.epa.gov/burnwise/work shop2011/WoodCombustion-Curkeet.pdf
3 

## http://www.epa.gov/ttn/chief/ap42/ch01/final/c01s06.pdf page 1.6-7

Table 2 calculates the annual emissions for each hand-fired device. These emissions are based on the emission factors from Table 1 and assume the volume of fuel burned per year is 30 tons per device, which is the maximum amount allowed in the proposed rule amendment.

Table 2

Pollutant Weight of Wood 4 

### Emission Factor from Table 1 Emissions (tons/year) (lbs pollutant/ton wood) (tons/year)

PM 2.5



### 30 4.96 0.0744

PM 10

### 5.76 0.0864
CO 9.6 0.1440
NO x

### 7.84 0.1176
SO x

### 0.4 0.0060
VOC 0.272 0.0041

4

## Maximum annual weight of fuel that may beburned in a single device per the proposed rule amendment.

## 3 Table 3 shows the baseline emissions for the St. Louis metropolitan area. These emissions are the total of point and area sources, and do not includeon-road mobile and non-road mobile emissions. The emissions from hand-fired equipment will be compared to these emissions to determine the impact on air quality.

5 

## Redesignation Demonstration and Maintenanc e Plan for the Missouri Portion of the St. Louis Nonattainment Area for the 1997 Annual Fine Particulate Matter National Ambient Air Quality Standard (Adopted by Missouri Air Conservation Commission on August 25, 2011).

Table 4 compares the emissions from hand-fired equipment to the total baseline emissions in the St. Louis metropolitan area. There are five (5) known hand-fired devices in the St. Louis area that could burn cleanwood process waste per the proposed rule amendment. The total emissions for these five (5) devices are shown as well as the incremental impact, expressed as a percent of the baseline emissions , for these five (5) devices. In an effort to beconservative, the impact on total emissions is also shown where the number of devices is an order of magnitude greater than the number of known devices.

Table 4

Pollutant Emissions per Device 2008 Baseline Emissions Increase per Device Number of Devices From Table 2 From Table 3 5 50 (tons/year) (tons/year) (%) (tons/year) (%) (tons/year) (%)

PM 2.5

### 0.0744 16,188.88 0.000460% 0.37200.00230% 3.7200 0.02298%

PM 10

### 0.0864 108,817.33 0.000079% 0. 4320 0.00040% 4.3200 0.00397% CO 0.1440 32,180.22 0.000447% 0. 7200 0.00224% 7.2000 0.02237%
NO x

### 0.1176 35,529.58 0.000331% 0.58800.00165% 5.8800 0.01655%
SO x

### 0.0060 213,238.76 0.000003% 0. 0300 0.00001% 0.3000 0.00014% VOC 0.0041 43,383.85 0.000009% 0. 0204 0.00005% 0.2040 0.00047% 

## Table 3 2008 Baseline Total Emissions (tons/year) 5


### County CO NO x 

### PM 10 

### PM 2.5 

### SO x 

### VOC Franklin 4,521.66 9,473.41 20, 355.66 3,558.50 58,937.45 2,220.42 Jefferson 6,075.16 7,419.14 31, 232.68 4,439.23 69,479.35 3,758.54 St. Charles 3,594.71 8,113.09 14, 640.57 2,050.63 49,494.33 6,623.69

St. Louis County 13,522.50 8,071.73 33,119. 44 4,648.55 26,320.07 21,942.70 St. Louis City 4,466.19 2,452.21 9, 468.98 1,491.97 9,007.56 8,838.50 Total 32,180.22 35,529.58 108,817.3316,188.88 213,238.76 43,383.85

## 4 Conclusion Comparison of the emissions from hand- fired equipment under the proposed rule amendment shows negligible increases comparedto the total baseline emissions. These incremental emissions are so small they are insignificant when compared to the total emissions in the area. Therefore, no degradation in air quality will result from allowing the use of approved fuels in hand-fired equipment at commercial facilities in the St. Louis metropolitan area.

# ------------ 

# 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

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Fee: $301.00 

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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 5
1 pollution control agencies, the U.S. Environmental

2 Protection Agency and the states of Illinois and

3 Kansas of this public hearing.

4 Chairman, that concludes my testimony.

5 CHAIRMAN GARNETT: Thank you. Stan

6 Payne.

7 (MR. PAYNE WAS SWORN.)

8 MR. PAYNE: Mr. Chairman, members of the

9 Commission, my name is Stan Payne. I'm employed as a

10 environmental engineer by the Air Pollution Control

11 Program. I work at 1659 East Elm Street in Jefferson

12 City, Missouri. I'm here to present testimony for

13 the proposed amendment to 10 CSR 10-5.040, Control of

14 Emissions From Hand-Fired Equipment.

15 The rule information starts on page 91

16 of the briefing document. This proposed amendment

17 will address a request for variance from a facility

18 in the St. Louis area to allow them to continue

19 heating their warehouse with hand-fired equipment

20 fueled with clean wood scraps.

21 The Missouri Air Conservation Commission

22 approved a one-year variance for this facility and a

23 follow-on extension for one year while this

24 rulemaking is being completed.

25 As proposed, the amended rule will allowand should include a reference to Commission Case No. AX-2012-0072. Comments may also be submitted via a filing using the commission’s electronic filing and information system at http://www.psc.mo.gov/efis.asp. A public hearing regarding this proposed amendment is scheduled for Monday, December 5, 2011, at 10:00 a.m. in the commission’s offices in the Governor Office Building, 200 Madison Street, Jefferson City, Missouri. Interested persons may appear at this hearing to submit additional comments and/or testimony in support of or in opposition to this proposed amendment, and may be asked to respond to commission questions.

SPECIAL NEEDS: Any persons with special needs as addressed by the Americans with Disabilities Act should contact the MissouriPublic Service Commission at least ten (10) days prior to the hearing at one (1) of the following numbers: Consumer Services Hotline 1-800-392-4211 (voice) or Relay Missouri at 711.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

PROPOSED AMENDMENT

10 CSR 10-5.040 [Use of Fuel in Hand-Fired Equipment Prohibited] Control of Emissions from Hand-Fired Equipment

. The commission proposes to amend the rule title; amend the rule purpose; amend sections (1) and (2); and add sections (3)–(5). If thecommission 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 rule sets conditions and restrictions for the operation of hand-fired fuel-burning equipment in the St. Louis Metropolitan Area. This amendment will allow the burning of certain fuels, such as clean wood and biomass, in non-residential hand-fired equipment. Combustion practices and restrictions will be specified toensure the equipment is operated in an environmentally-sound manner. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is a request for variance from a business that wishes to use clean wood waste to fuel their boilers.

PURPOSE: This rule [prohibits the operation of hand-fired fuelburning equipment] sets conditions and restrictions for the operation of hand-fired fuel-burning equipment in the St. Louis Metropolitan Area

. (1) [General] Applicability

. This rule shall apply to all handfired fuel-burning equipment at commercial facilities, including, but not limited to, furnaces, heating and cooking stoves, and hot water furnaces with the exception of the following:

(A) [This regulation shall apply to all fuel-burning equipment including, but not limited to, furnaces, heating and cooking stoves and hot water furnaces. It shall not apply to wood-burning fireplaces and wood-burning stoves in dwellings, fires used for recreational purpose nor to fires used solely for the preparation of food by barbecuing.] Fires used for recreational purpose;

(B) [Hand-fired fuel-burning equipment is any stove, furnace or other fuel-burning device in which fuel is manually introduced directly into the combustion chamber.] Fires used solely for the preparation of food by barbecuing;

(C) Wood-burning fireplaces in commercial facilities that arepart of the building décor and are not intended to supply building heat;

(D) Ovens that only burn wood, charcoal, or anthracite coal for New York style pizzas or bakery products;

(E) Craftsman, hobbyist, horseshoe, and rivet blacksmith forges that only burn charcoal, coking coal, or coke; and

(F) Wood and coal-fired educational, hobbyist, or recreational steam engines or tractors for demonstrations.

(2) [Prohibition.] Definitions.

(A) [After three (3) years (March 25, 1976) from the effective date of this regulation (March 25, 1976), it shall be unlawful to operate any hand-fired fuel-burning equipment in the St. Louis, Missouri metropolitan area.] Clean biomass— Biomass that has not been treated (including, but not limited to,treatment with copper chromium arsenate, creosote, or pentachlorophenol) and has no paint, stain, or any other type of coating.

(B) [The director may order that any hand-fired fuel-burning equipment not be used at any time earlier than three (3) years (March 25, 1976) from the adoption of this regulation (March 25, 1976), whenever that equipment has been found in violation of any air contaminant emission regulation on three (3) or more occasions in any six (6)-month period.] Clean wood—Wood that has not been treated (including, but not limited to, treatment with copper chromium arsenate, creosote, or pentachlorophenol) and has no paint, stain, or any other type of coating.

(C) Start-up—Time period beginning with flame stability after first charge of wood and/or biomass fuel, but no longer than atwo (2)-hour duration. This definition only includes initial startup where no previous embers bed exists. This does not include refueling.

(D) 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. No owner or operator shall operateapplicable hand-fired fuel-burning equipment unless the following conditions are met:

(A) Best combustion practices shall be adhered to at all times to minimize emissions during start-up, burn, and shutdown;

(B) Equipment door(s) shall not leak; (C) Equipment dampers shall be fully functional and operated as designed so that emissions are minimized during start-up, burn, and shutdown;

(D) Equipment shall have a permanent stack extending fivefeet (5') higher than the peak of any roof structure located within one hundred fifty feet (150');

(E) For wood and/or biomass fuel-burning equipment, fuel shall be clean wood or biomass, wood scraps, chips, and shavings with a moisture content less than or equal to twenty-five percent (25%);

(F) Each piece of equipment shall burn no more than thirty (30) tons of fuel per year; and

(G) Fuel shall not be—

1. Any wood or biomass that does not meet the definition ofclean wood and/or biomass with a moisture content above twenty-five percent (25%); 2. Garbage; 3. Tires; 4. Lawn clippings and/or yard waste; 5. Materials containing plastic and/or rubber; 6. Waste petroleum products; 

## Page 2232 Proposed Rules November 1, 2011 Vol. 36, No. 217. Paints and paint thinners; 8. Chemicals; 9. Coal; 10. Glossy and/or colored papers; 11. Non-clean wood construction and/or demolition debris; 12. Plywood and/or particleboard; 13. Manure; 14. Animal carcasses; and 15. Asphalt products.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo [1994] 2000 . Original rule filed March 14, 1967, effective March 24, 1967. 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 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

PROPOSED AMENDMENT

10 CSR 10-5.130 Certain Coals to be Washed . The commission proposes to amend section (3). 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 rule provides that specified coals shall be cleaned by washing prior to their sale. The purpose of this rulemaking is to update the reference to the area specific indirect heating rule with thenew 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. (3) Exception. This regulation shall not apply if a person proposing to use unwashed coal can show that the emission of sulfur dioxide from the plant in which the coal is to be burned will not exceed two and three-tenths (2.3) pounds of sulfur dioxide per million British Thermal Units of heat input to the installation and that emission of particulate matter will be no more than that allowed in 10 CSR 10- [5.030] 6.405

.
AUTHORITY: section 643.050, RSMo [1994] 2000 . Original rule filed March 14, 1967, effective March 24, 1967. 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 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 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

PROPOSED AMENDMENT

10 CSR 10-5.455 Control of Emissions from Industrial Solvent Cleaning Operations . The commission proposes to amend subsection(3)(E). 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 rule will reduce the volatile organic compounds emissions from industrial cleaning operations that use organic solvents. This amendment will revise the provisions for equipment cleaning at manufacturers of coatings, inks, and resins by adding work practices to the compliance options and removing it as a separate requirement. The evidence supporting the need for this proposed rulemaking, persection 536.016, RSMo, is a June 8, 2011, email from a trade association for manufacturers of coatings, inks, and resins.

(3) General Provisions.

(E) Requirements for coatings, inks, and resin manufacturers.Coating, ink, and resin manufacturers must comply with the following requirements: 1. Clean portable or stationary mixing vats, high dispersion 

## Page 2233 November 1, 2011 Vol. 36, No. 21 

### Missouri RegisterApril 16, 2012 Vol. 37, No. 8

care and to avoid hospitalization or emergency room use.

(F) Missouri Medicaid Audit and Compliance Unit (MMAC)— The unit within the Department of Social Services (DSS) which directly manages and administers Medicaid provider review, program integrity, audit and compliance initiatives, and provider contracts of the Medicaid program.

(G) MO HealthNet Division (MHD)—The Missouri Medicaid
agency.

(H) Needy individuals—Individuals receiving medical assistance from Medicaid or the Children’s Health Insurance Program (CHIP), or are furnished uncompensated care by the provider, or furnished services at either no cost or reduced cost based on a sliding scale.

(2) Health Home Qualifications.

(B) Ongoing Provider Qualifications. Each CMHC must also—

1. Within three (3) months of Health Home service implementation, have a contract or Memorandum of Understanding (MOU) under development with regional hospital(s) or system(s) to ensure aformalized structure for transitional care planning, to include communication of inpatient admissions of Health Home participants, as well as maintain a mutual awareness and collaboration to identify individuals seeking emergency department (ED) services that might benefit from connection with a Health Home site, and in additionmotivate hospital staff to notify the CMHC primary care nurse manager or staff of such opportunities; 2. Develop quality improvement plans to address gaps andopportunities for improvement identified during and after the application process; 3. Demonstrate continuing development of fundamental Health Home functionality at six (6) months and twelve (12) months through an assessment process to be determined by DMH; 4. Demonstrate improvement on clinical indicators specified by and reported to the state; and 5. Meet accreditation standards approved by the state as such standards are developed.

(3) Scope of Services. This section describes the activities CMHCs will be required to engage in and the responsibilities they will fulfill if recognized as a Health Home provider.

(I) CMHCs shall work cooperatively with DMH to support DMH approved training, technology, and administrative services required for implementation of the Health Care Home Program.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-5.040 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 2232–2233). 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 fifteen (15) comments from three (3) sources: U.S. Environmental Protection Agency (EPA) Region 7, Hunt Industrial Service Corporation, and St. Louis County Department of Health.

COMMENT #1: EPA recommended removing the reference to New York style pizza from the exemption for pizza and bakery ovens in subsection (1)(D). RESPONSE AND EXPLANATION OF CHANGE: Referring toNew York style pizza may lead to confusion since there is no consensus on the characteristic that distinguishes New York style pizza from other pizza. Removing the reference to New York style will avoid this confusion without changing the meaning of the exemption. Therefore, the reference to New York style was removed from the exemption for pizza and bakery ovens.

COMMENT #2: EPA commented that record-keeping requirements should be added to section (4) and the records should be retained for at least five (5) years.RESPONSE AND EXPLANATION OF CHANGE: Suitable recordkeeping requirements are a valuable tool for determining compliance. As a result, provisions have been added to section (4) to require sources to keep records to demonstrate compliance, and to maintain the records for at least five (5) years.

COMMENT #3: Hunt Industrial Service Corporation provided a comment letter to support the proposed amendment. They are a small, family-owned business with three (3) hand-fired devices that can be fueled with scrap wood generated by their business activity. Burning this scrap on a limited basis during the cold season would divert solid waste from landfills and utilize low-cost, renewable fuels as an alternative to fossil fuels. The energy harvested from their wood scrap will provide building heat during the winter months. RESPONSE: The Air Program thanks Hunt Industrial Service Corporation for their support of the proposed amendment. No changes have been made to the rule text as a result of this comment.

COMMENT #4: St. Louis County Health Department does not support the rule amendment as proposed based on several concerns. They do not believe that allowing the burning of biomass or woodywaste in places of business for building or process heat is an environmentally sound waste disposal practice or waste disposal option in the St. Louis area. They are concerned that fueling hand-fired equipment with biomass, even if only during the winter months, willresult in emissions of particulate matter and black carbon that exacerbate ambient particulate levels and contribute to climate change. Examples were provided of two (2) homemade wood-burning stoves that required enforcement action for stacks emitting black smoke and ash. In both cases, the business claimed to be burning clean wood.RESPONSE: This project was initiated in late 2009 when a small business in the St. Louis area requested a variance from 10 CSR 10-5.040 to allow them to burn their wood waste for building heat. Their request also asked that the rule be changed to permanently allow this practice. The Missouri Air Conservation Commission approved thisrequest and a rulemaking was started to investigate the use of handfired equipment in the St. Louis area. In June 2011, the draft rule text and Regulatory Impact Report were made publicly available for a sixty (60)-day comment period as required by statute. No comments were received during the sixty (60)-day comment period and the proposed amendment was presented for public hearing at the December 8, 2011 meeting of the Missouri Air Conservation Commission. The basic premise of the proposed amendment is to allow the use of suitablefuels in hand-fired equipment at small sources that are below permitting thresholds. Larger sources would still be required to follow thepermitting process. The Air Program shares St. Louis County’s concerns about particulate matter and all other air emissions in the St. Louis area. To ensure this rulemaking has no impact on St. Louis air quality, the Air Program estimated emissions from small sources using hand-fired equipment fueled with clean, dry wood. These emissions were compared to baseline emis sions and the incremental emissions from hand-fired equipment were found to be insignificant. The Air 

## Page 608 Orders of RulemakingProgram recognizes St. Louis County’s concerns regarding climate change impacts from wood burning due to emissions of black carbon. The effect on climate change from combustion of clean wood in the small volumes proposed in the rule amendment would be negligible compared to total emissions in the St. Louis area. At present, Missouri only regulates greenhouse gas emissions as mandated by EPA. The greenhouse gas permitting requirements do not apply tothe small sources covered by this rule, nor do they apply to black carbon emissions. In any case, sources affected by this rulemaking must still comply with all applicable state opacity and odor regulations, and any source that becomes a public or private nuisance would be handled on a case-by-case basis. Therefore, no changes have been made to the rule text as a result of this comment.

COMMENT #5: St. Louis County Health Department noted that biomass is not defined in the rule or in 10 CSR 10-6.020 Definitions and Common Reference Tables. They recommended adding a cleardefinition for biomass or removing it from rule and only allow burning of clean wood. RESPONSE AND EXPLANATION OF CHANGE: All known sources affected by this rulemaking desire to burn clean wood. Removal of the provision for burning clean biomass would not changethe nature of the rulemaking and would minimize confusion regarding allowable fuels. Therefore, all references to clean biomass have been removed from the rule and the list of prohibited fuels has been deleted since it is no longer necessary. The only permissible fuel will be clean, dry wood.

COMMENT #6: St. Louis County Health Department commented that the requirement to follow best combustion practices is too vagueand will result in confusion for regulating agencies. Instead, they recommended requiring the units be operated and maintained in accordance with manufacturer’s specifications.RESPONSE AND EXPLANATION OF CHANGE: The requirement to follow best combustion practice is intended to ensure that devices are operated to maximize efficiency and minimize emissions. The terminology of best combustion practice is often associated with Best Available Control Technology (BACT) for larger permitted sources and applying it to small devices regulated in this rule may lead to confusion. Therefore, the requirement has been changed to require hand-fired equipment be operated to minimize emissions atall times, including following all manufacturer’s operation and maintenance guidelines. This change makes the requirements for leak-free doors and proper damper operation redundant, and they have been removed. With these deletions, a definition of start-up is no longer required, and it has also been removed from the rule.

COMMENT #7: St. Louis County Health Department recommended that non-manufactured units be prohibited in the rule. RESPONSE AND EXPLANATION OF CHANGE: The quality of design, testing, and fabrication of homemade equipment would not typically be as high as commercially-manufactured equipment.Homemade equipment also lacks manufacturer’s operating and maintenance guidelines. Emissions from homemade equipment would be higher than emissions from commercially-manufactured equipment. Therefore, a provision has been added to the rule that only allows use of hand-fired equipment that is commercially manufactured.

COMMENT #8: St. Louis County Health Department noted that there are no record-keeping requirements for the thirty (30) ton limit on combustion fuel. They recommend that facilities maintain atwelve (12)-month rolling period of type, quantity, and moisture content of materials burned for a sixty (60)-month period. RESPONSE AND EXPLANATION OF CHANGE: As noted in the response to comment #2, provisions have been added to the rule to require sources to keep records necessary to demonstrate compliance and to maintain the records for at least five (5) years. The per-year limit achieves the same result as the suggested twelve (12)-month rolling period, but requires less burdensome recordkeeping for the small businesses regulated by this rule. To avoid confusion, the thirty (30) ton per year limit has been changed to thirty (30) tons per calendar year.

COMMENT #9: St. Louis County Health Department requested clarification for the basis of the twenty-five percent (25%) moisturecontent limit for combustion fuel. They asked if the twenty-five percent (25%) is the ideal moisture content for producing minimal emissions. RESPONSE: The twenty-five percent (25%) maximum moisture content is intended to ensure that only seasoned, dry wood is used asfuel, with the goal of minimizing incomplete combustion and emissions. There is no universally-accepted moisture content that separates dry wood from wet wood, but twenty percent (20%) is the value used in EPA’s emission factors documentation. Allowing moisture content up to twenty-five percent (25%) will allow for a reasonable margin of error without significant increases in emissions. Therefore, no changes have been made to the rule text as a result of this comment.

COMMENT #10: St. Louis County Health Department recommended that regulated facilities be required to perform a daily moisture content test on material prior to burning, document the results, and make the records available for review during regulatory inspections. RESPONSE: Requiring regulated sources, many of which are smallbusinesses, to perform daily moisture content tests is overly burdensome and would not significantly lower emissions from hand-fired devices. Accurately measuring the moisture content of wood in itsvarious forms requires time and equipment that is beyond the capabilities of most sources regulated by this rule. Knowledge of the type and origin of wood waste is sufficient to demonstrate that emissions are being minimized by burning only dry, seasoned fuel. No changes have been made to the rule text as a result of this comment.

COMMENT #11: St. Louis County Health Department noted that some of the language in the proposed amendment appears to be from a model regulation for outdoor hydronic heaters provided by Northeast States for Coordinated Air Use Management (NESCAUM). They request that another part of the same document be added to prohibit any person from operating hand-fired equipment in such a fashion as to create a public or private nuisance. RESPONSE: The provisions of the proposed amendment for stack height and prohibited fuels are similar to language in the NESCAUM model regulation. As noted in the response to comment #5, the list of prohibited fuels was deleted when biomass fuel was removed from the rule. The proposed requirements, in conjunction with applicable state opacity and odor regulations, are intended to prevent a source from becoming a public or private nuisance. Adding a prohibition onoperating hand-fired equipment in such a manner as to create a public or private nuisance is fundamentally redundant. Regulated sources that become a nuisance in spite of compliance with state and local regulations would be handled on a case-by-case basis. No changes have been made to the rule text as a result of this comment.

COMMENT #12: St. Louis County Health Department also noted that the NESCAUM model regulation suggests property line setbacks for outdoor hydronic heaters and requested clarification on whether the rule includes outdoor units and whether the need for property line setbacks had been considered. RESPONSE: The proposed amendment applies to both indoor andoutdoor units and makes no distinction between the two. The property line setbacks suggested by NASCAUM in their model rule range from three hundred (300) feet to five hundred (500) feet and are impractical for sources in urban areas such as St. Louis. As stated inthe response to comment #11, regulated sources that become a nuisance would be handled on a case-by-case basis. Therefore, no changes have been made to the rule as a result of this comment. 

## Page 609 April 16, 2012 Vol. 37, No. 8 

### Missouri RegisterApril 16, 2012 Vol. 37, No. 8

COMMENT #13: St. Louis County Health Department recommended adding a requirement to post a permanent, conspicuous label summarizing the hand-fired equipment operating procedures, a list of prohibited fuels, a summary of the current visible emission standard, and statements regarding the importance of proper operation and maintenance. RESPONSE: Labels are not necessary since equipment operation guidelines were added as a result of comment #6. Requiring them would be overly burdensome and impractical for the applicable sources, many of which are small businesses. Therefore, no changes have been made to the rule as a result of this comment.

COMMENT #14: St. Louis County Health Department recommended that hand-fired units only be allowed to operate during non-ozone season, September 16 through April 14, to be consistent with open burning regulations. RESPONSE: All known sources are small businesses and only plan to operate their hand-fired equipment to provide building heat during the winter months, which is outside any regulatory ozone season. Even if the hand-fired equipment were operated during ozone season, the very small estimated emissions from these devices would have no measureable impact on ground-level ozone levels in the St. Louis area. Therefore, no changes have been made to the rule as a result of this comment.

COMMENT #15: St. Louis County Health Department recommended adding language that only allows burning of clean wood waste generated from a facility’s processes. This will prevent a facility from bringing wood from other sources to burn in their device. RESPONSE AND EXPLANATION OF CHANGE: Adding a restriction that only allows facilities to burn process waste generated onsite is consistent with the intent of the proposed amendment and the appropriate language has been added to the rule.

10 CSR 10-5.040 Control of Emissions From Hand-Fired Equipment

(1) Applicability. This rule shall apply to all hand-fired, fuel-burningequipment at commercial facilities, including, but not limited to furnaces, heating and cooking stoves, and hot water furnaces with the exception of the following:

(D) Ovens that only burn wood, charcoal, or anthracite coal for pizzas or bakery products;

(2) Definitions.

(A) Clean wood—Wood that has not been treated (including, but not limited to, treatment with copper chromium arsenate, creosote, or pentachlorophenol) and has no paint, stain, or any other type of coating.

(B) 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. No owner or operator shall operate applicable hand-fired, fuel-burning equipment unless the following conditions are met:

(A) Hand-fired equipment shall be operated to minimize emissionsat all times. This includes, but is not limited to, following all manufacturers’ operation and maintenance guidelines;

(B) Hand-fired equipment must be commercially manufactured; (C) Hand-fired equipment may only burn process waste generated onsite;

(E) Fuel shall be clean wood with a moisture content less than or equal to twenty-five percent (25%); and

(F) Each piece of equipment shall burn no more than thirty (30) tons of fuel per calendar year.

(4) Reporting and Record Keeping.

(A) The owner or operator of hand-fired equipment subject to this rule shall keep records necessary to determine compliance. (B) Records verifying that only dry wood was used for fuel may beused to demonstrate compliance with the moisture content requirement.

(C) Records required under subsections (4)(A) and (4)(B) of this rule shall be retained by the owner or operator for a minimum of five (5) years. These records shall be made available to the director upon request.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-5.130 Certain Coals to be Washed 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 2233). No changes have been made in the text of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication in the Code of State Regulations

. SUMMARY OF COMMENTS: The Missouri Department of Natural Resources’ Air Pollution Control Program received no comments on the proposed amendment.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 5—Air Quality Standards and Air Pollution Control Rules Specific to the St. Louis Metropolitan Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-5.455 Control of Emissions From Industrial Solvent Cleaning Operations 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 2233–2234). No changes have been made in thetext 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 three (3) comments from three (3) sources: The American Coatings Association, U.S. Paint Corporation, and Lighthouse for the Blind Industries.

Due to similarities in the comments, one (1) response will be provided for all comments.

COMMENT #1: The American Coatings Association supports the 

## Page 610 Orders of Rulemaking