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(Rescinded February 11, 1978)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 Rescinded: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(Rescinded February 11, 1978)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 Rescinded: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(Rescinded October 30, 2011)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 Rescinded and readopted: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 Rescinded: Filed Feb. 25,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 all

hand-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, 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) 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, 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 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 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 of

Particulate 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.

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 5

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 2nd day 

of February, 2012. 

, Chairman 

-;(h-'<.-.:=-t/; f(; ....l.'-_-+"-=-"'-+-. ______, Vice Chairman 

-+-~aA =-G3=--akJ ~ __,Member 

~~==::L-.· __,Member

_________________, Member 

_________________, Member 

_________________, Member 
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-Fired 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 coal 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 future regulation of other pollutants and fuels. 

This resulted in a regulation that is worded in such 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 Amendments of 1990 prohibits the relaxation of any 

control requirement in non-attainment areas and is commonly referred to as “antibacksliding.” The anti-backsliding provision requires rulemakings 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 Resources’ 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 businesses is currently burning their wood scrap to 

provide building heat under a variance issued by the 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 continue this practice without a variance. 

Assumptions and Calculations 

As proposed in the amendment to 10 CSR 10-5.040, the only permissible 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 associated 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) 

PM2.5 0.31 8,000 0.008 4.96 

PM10 0.36 8,000 0.008 5.76 

CO 0.60 8,000 0.008 9.6 

NOx 0.49 8,000 0.008 7.84 

SOx 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.html and 

http://www.epa.gov/burnwise/workshop2011/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) 

PM2.5

30 

4.96 0.0744 

PM10 5.76 0.0864 

CO 9.6 0.1440 

NOx 7.84 0.1176 

SOx 0.4 0.0060 

VOC 0.272 0.0041 

4

 Maximum annual weight of fuel that may be burned 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 include on-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 Maintenance 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 clean wood 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 be conservative, 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) (%) 

PM2.5 0.0744 16,188.88 0.000460% 0.3720 0.00230% 3.7200 0.02298%

PM10 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%

NOx 0.1176 35,529.58 0.000331% 0.5880 0.00165% 5.8800 0.01655%

SOx 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 NOx PM10 PM2.5 SOx 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 35,529.58 108,817.33 16,188.88 213,238.76 43,383.85
4 

Conclusion 

Comparison of the emissions from hand-fired equipment under the proposed rule 

amendment shows negligible increases compared to 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 ___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

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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 allow
and 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 Missouri

Public 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 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 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 to

ensure 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 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 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 a

two (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 operate

applicable 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 five

feet (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 of

clean 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. 21
7. 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 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.

(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, per

section 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 Register
April 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 a

formalized 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 addition

motivate hospital staff to notify the CMHC primary care nurse manager or staff of such opportunities;

2. Develop quality improvement plans to address gaps and

opportunities 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 Conservation

Commission 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 to

New 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 woody

waste 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, will

result 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 this

request 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 suitable

fuels in hand-fired equipment at small sources that are below permitting thresholds. Larger sources would still be required to follow the

permitting 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 emissions and the incremental emissions

from hand-fired equipment were found to be insignificant. The Air

Page 608 Orders of Rulemaking
Program 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 to

the 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 clear

definition 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 change

the 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 vague

and 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 at

all 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 a

twelve (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%) moisture

content 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 as

fuel, 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 small

businesses, 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 its

various 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 on

operating 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 and

outdoor 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 in

the 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 Register
April 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-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: 

(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 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;

(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 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.

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 Conservation

Commission 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 Conservation

Commission 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 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 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