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# T OF NATURAL RESOURCES

www

. dnr.mo.gov



# M

A

Y - 4 

# 2012

Mr. Karl Brooks Regional Administrator

U

. S. EPA, Region VII

901 North Fifth Street

Kansas City, KS 66101

Dear Mr. Brooks:

The Missouri Air Conservation Commission recently revised or promulgated the following regulation(s). The following is enclosed for your review:

10 CSR 10-6.020 Definitions and Common Reference Tables

The proposed amendment will update the area specific indirect heating rule references in the rule

with the new statewide consolidated indirect heating rule 10 CSR 10-6.405 that was adopted by

the Missouri Air Conservation Commission on June 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 a reference to
10 CSR 10-6.010 which is not necessary because it is redundant to national ambient air quality

standards

.

The commission adopted the enclosed rule action(s) on February 2,2012, after considering

comments received at public hearing. The commission has full legal authority to develop rules

pursuant to Section 643.050 of the Missouri Air Conservation Law. The state followed all applicable administrative procedures in proposing and adopting the rule action(s). Enclosed are the required submittal elements for determination of plan completeness per 40 CFR Part 51

, Appendix V.

The Missouri Department of Natural Resources requests that the U.S. Environmental Protection Agency amend the SIP to replace the current rule(s) in the SIP.

Also

, the Missouri Department of Natural Resources requests that the U.S

. Environmental

Protection Agency amend the Missouri Title V program to include these revisions.

Compliant with the April 6, 2011 state implementation plan regional consistency memo, an exact

## Mr. Karl Brooks Page

duplicate ofthis submittal is also provided as an electronic attachment in an email to the Region VII Missouri coordinator.

Thank you for your attention to this matter. you any questions regarding this submittal, please contact Wendy Vit, with the Department's Air Pollution Control at P.O. Box 176, City, MO 65102 or by phone at (573) 751-7840.

Sincerely,

# ~ON;Z~

Kyra L. 

## Moore

Director

KLM:abc

Enclosures:

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

c: Missouri Air Conservation Commission10 CSR 10-6.020 Definitions and Common

Reference Tables

PURPOSE: This rule defines key words and expressions used in Chapters 1 through 6 and provides common reference tables.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of theentire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.This note applies only to the reference material. The entire text of the rule is printed
here.

(1) Applicability. This rule shall apply throughout Missouri defining terms and expressions used in all Title 10, Division
10—Air Conservation Commission rules. If
a definition in this rule conflicts with a definition in any other rule, the definition in 10 CSR 10-6.020 shall take precedence with the exception of definitions pertaining to 10 CSR

10-6.060.

(2) Definitions.

(A) All terms beginning with “A.”

1. Abatement project designer—An individual who designs or plans Asbestos Hazard Emergency Response Act (AHERA)

asbestos abatement.2. Account certificate of representation—The completed and signed submission for certifying the designation of a nitrogen oxides (NO

x) authorized account representative for an affected unit or a group of identified affected units who is authorized to represent the owners or operators of such unit(s) and of the affected units at such source(s) with regard to matters under a NO

x trading

program. 3. Account holder—Any person thatchooses to participate in the program by generating, buying, selling, or trading emission reduction credits (ERCs).

4. Account number—The identification number given to each NO

x allowance tracking system account.

5. Acid rain emissions limitation—As defined in 40 CFR 72.2, a limitation on emissions of sulfur dioxide or nitrogen oxides under the acid rain program under Title IV of

the Clean Air Act. 6. Acrylonitrile-butadiene-styrene (ABS) plastic solvent welding—A process to weld ABS pipe. 7. Act—The Clean Air Act, 42 U.S.C. 7401. References to the word Title pertain to

the titles of the Clean Air Act Amendments of 1990, P.L. 101–595.8. Active collection system—A gas collection system that uses gas mover equipment.
9. Active landfill—A landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future.

10. Actual emissions—The actual rate ofemissions of a pollutant from a source operation is determined as follows: A. Actual emissions as of a particular date shall equal the average rate, in tons peryear, at which the source operation or installation actually emitted the pollutant during the previous two (2)-year period and which represents normal operation. A different timeperiod for averaging may be used if the director determines it to be more representative. Actual emissions shall be calculated using actual operating hours, production rates, andtypes of materials processed, stored, or combusted during the selected time period; B. The director may presume that source-specific allowable emissions for a source operation or installation are equivalentto the actual emissions of the source operation or installation; andC. For source operations or installations which have not begun normal operations on the particular date, actual emissions shall equal the potential emissions of the source operation or installation on that date. 11. Adequately wet—To sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containingmaterial, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet. 12. Adhesion primer—A coating that is applied to a polyolefin part to promote theadhesion of a subsequent coating. An adhesion primer is clearly identified as an adhesion primer or adhesion promoter on its material safety data sheet. 13. Adhesive—Any chemical substance that is applied for the purpose of bonding two(2) surfaces together other than by mechanical means. For the purpose of 10 CSR 10-5.330 only, an adhesive is considered a surface coating. 14. Adhesive application process—A series of one (1) or more adhesive applicators and any associated drying area and/or oven wherein an adhesive is applied, dried, and/or cured. An application process ends at the point where the adhesive is dried or cured, orprior to any subsequent application of a different adhesive. It is not necessary for an application process to have an oven or flashoff area.15. Adhesive primer—A product intended by the manufacturer for application to asubstrate, prior to the application of an adhesive, to provide a bonding surface.16. Administrator—The regional administrator for Region VII, U.S. Environmental Protection Agency (EPA). For the purpose of 10 CSR 10-6.360 only, administrator is the

administrator of the U.S. Environmental Protection Agency or the administrator’s dulyauthorized representative.17. Adsorption cycle—The period during which the adsorption system is adsorbing and not desorbing. 18. Adverse impact on visibility—The visibility impairment which interferes with the protection, preservation, management, or enjoyment of the visitor’s visual experience of a Class I area, which is an area designated as Class I in 10 CSR 10-6.060(11)(A) Table

1. This determination must be made on a case-by-case basis taking into account thegeographic extent, intensity, duration, frequency, and time of visibility impairments

and how these factors correlate with the times

of visitor use of the Class I area and the frequency and timing of natural conditions that reduce visibility. 19. Aerospace manufacture and/orrework facility—Any installation that produces, reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component. 20. Aerospace vehicle or component—Any fabricated part, processed part, assembly of parts, or completed unit, with the exception of electronic components, of any

aircraft. 21. Affected federal land manager—The federal agency or the federal official charged with direct responsibility for management of an area designated as Class I under the Clean Air Act (42 U.S.C. 7472) that is located within one hundred kilometers (100 km) of the proposed federal action.

22. Affected source—A source thatincludes one (1) or more emission units subject to emission reduction requirements or

limitations under Title IV of the Act. For the purpose of 10 CSR 10-5.530 only, affected source is a wood furniture manufacturingfacility that meets the criteria listed in subsections (1)(A) and (1)(B) of 10 CSR 10-

5.530.23. Affected states—All states contiguous to the permitting state whose air qualitymay be affected by the modification, renewal, or issuance of, or is within fifty (50) miles of, a source subject to permitting under Title

V of the Act.

4 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission24. Affected unit—A unit that is subjectto emission reduction requirements or limitations under Title IV of the Act. 25. Affiliate—Any person, including an individual, corporation, service company, corporate subsidiary, firm, partnership, incorporated or unincorporated association, political subdivision including a public utility district, city, town, county, or a combinationof political subdivisions, that directly or indirectly, through one (1) or more intermediaries, controls, is controlled by, or is under common control with the regulated electrical corporation.

26. AHERA—See Asbestos Hazard

Emergency Response Act. 27. Air cleaning device—Any method, process, or equipment which removes,reduces, or renders less obnoxious air contaminants discharged into the ambient air. 28. Air contaminant—Any particulatematter or any gas or vapor or any combination of them. 29. Air contaminant source—Any and

all sources of emission of air contaminantswhether privately or publicly owned or operated. 30. Air-dried coating—The coatings which are dried by the use of air or forced warm air at temperatures up to ninety degrees Celsius (90 °C) (one hundred ninety-four degrees Fahrenheit (194 °F)).31. Air pollutant—Agent, or combination of agents, including any physical, chemical, biological, radioactive (including sourcematerial, special nuclear material, and byproduct material) substance, or matter which

is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any air pollutant, to the

extent the administrator of the U.S. Environmental Protection Agency, or the administrator’s duly authorized representative has identified such precursor(s) for the particular purpose for which the term “air pollutant” is

used.32. Air pollution—The presence in theambient air of one (1) or more air contaminants in quantities, of characteristics, and of a duration which directly and approximately cause or contribute to injury to human, plant, or animal life or health, or to property orwhich unreasonably interfere with the enjoyment of life or use of property. 33. Air pollution alert—The level of anair pollution episode known as an air pollution alert is that condition when the concentration of air contaminants reach the level at which the first stage control actions are to begin. 34. Air Stagnation Advisory—A specialbulletin issued by the National Weather Service entitled “Air Stagnation Advisory,” which is used to warn air pollution control agencies that stagnant atmospheric conditions are expected which could cause increased

concentrations of air contaminants near the ground. 35. Air-tight cleaning system—A degreasing machine that is automatically operated and seals at a differential pressure no greater than one-half (0.5) pound per square inch gauge (psig) during all cleaning and drying cycles.36. Airless cleaning system—A degreasing machine that is automatically operatedand seals at a differential pressure of twentyfive (25) torr (twenty-five millimeters of mercury (25 mmHg) (0.475 pounds per square inch (psi)) or less, prior to the introduction of solvent vapor into the cleaning chamber and maintains differential pressure under vacuum during all cleaning and drying cycles.37. Alcohol—Refers to isopropanol, isopropyl alcohol, normal propyl alcohol, or

ethanol.

38. Alcohol substitutes—Nonalcoholadditives that contain volatile organic compounds (VOCs) and are used in the fountain

solution.

39. Allocate or allocation—The determination by the director or the administrator

of the number of NO

x allowances to be initially credited to a NO

x budget unit or an

allocation set-aside.

40. Allowable emissions—The emission rate calculated using the maximum rated capacity of the installation (unless the source is subject to enforceable permit conditions which limit the operating rate or hours of operation, or both) and the most stringent of the following: A. Emission limit established in any applicable emissions control rule including those with a future compliance date; or B. The emission rate specified as a permit condition.41. Allowance—An authorization, allocated to an affected unit by the administrator under Title IV of the Act, to emit, during or after a specified calendar year, one (1) ton of sulfur dioxide (SO2).
42. Alternate authorized account representative—The alternate person who is authorized by the owners or operators of the unit to represent and legally bind each owner andoperator in matters pertaining to the Emissions Banking and Trading Program or anyother trading program in place of the authorized account representative. 43. Alternate site analysis—An analysisof alternative sites, sizes, production processes, and environmental control techniques for the proposed source which demonstrates thatbenefits of the proposed installation significantly outweigh the environmental and socialcosts imposed as a result of its location, construction, or modification. 44. Alternative method—Any method of sampling and analyzing for an air pollutant that is not a reference or equivalent method

but that has been demonstrated to the director’s satisfaction to, in specific cases, produce results adequate for a determination of compliance. 45. Ambient air—All space outside of buildings, stacks, or exterior ducts.

46. Ambient air increments—The limited increases of pollutant concentrations in

ambient air over the baseline concentration. 47. Ancillary refueling system—Any gasoline-dispensing installation, including related equipment, that shares a common storage tank with an initial fueling system. The purpose of an ancillary refueling system is to refuel in-use motor vehicles equipped with onboard refueling vapor recovery (ORVR) at automobile assembly plants. 48. Animal matter—Any product or

derivative of animal life. 49. Anode bake plant—A facility which produces carbon anodes for use in a primary

aluminum reduction installation. 50. Antifoulant coating—A coatingapplied to the underwater portion of a pleasure craft to prevent or reduce the attachment of biological organisms and registered with the U.S. Environmental Protection Agency(EPA) as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (7 United States Code Section 136). 51. Antifoulant sealer/tie coating—Acoating applied over biocidal antifoulant coating for the purpose of preventing release ofbiocides into the environment and/or to promote adhesion between an antifoulant and a primer or other antifoulant.52. Antique aerospace vehicle or component—An aircraft or component thereof that was built at least thirty (30) years ago.An antique aerospace vehicle would not routinely be in commercial or military service in the capacity for which it was designed. 53. Applicability analysis—The process of determining if the federal action must be supported by a conformity determination. 54. Applicable implementation plan or applicable state implementation plan (SIP)— The portion (or portions) of the SIP or most recent revision thereof, which has been approved under section 110(k) of the Act, a federal implementation plan promulgated under section 110(c) of the Act, or a plan promulgated or approved pursuant to section 301(d) of the Act (tribal implementation plan)

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

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6and which implements the relevant requirements of the Act. 55. Applicable requirement—All of the following listed in the Act:A. Any standard or requirement provided for in the implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act thatimplements the relevant requirements, including any revisions to that plan promulgated in 40 CFR 52;B. Any term or condition of any preconstruction permit issued pursuant to regulations approved or promulgated through rulemaking under Title I, including part C or D of the Act; C. Any standard or requirementunder section 111 of the Act, including section 111(d); D. Any standard or requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7); E. Any standard or requirement of the acid rain program under Title IV of the Act or the regulations promulgated under it;F. Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act;G. Any standard or requirement governing solid waste incineration under section 129 of the Act; H. Any standard or requirement for consumer and commercial products under section 183(e) of the Act; I. Any standard or requirement for tank vessels under section 183(f) of the Act; J. Any standard or requirement of the program to control air pollution from outer

continental shelf sources under section 328 of the Act; K. Any standard or requirement of theregulations promulgated to protect stratospheric ozone under Title VI of the Act,

unless the administrator has determined that these requirements need not be contained in a Title V permit; L. Any national ambient air qualitystandard or increment or visibility requirement under part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e); and M. Any standard or requirement established in sections 643.010–643.190, RSMo, of the Missouri Air Conservation Law and rules adopted under them. 56. Approved source—A source of fuel which has been found by the department director, after the tests as s/he may require, to be in compliance with applicable rules. 57. Aqueous solvent—A solvent in which water is the primary ingredient (greater than eighty percent (80%) by weightor greater than sixty percent (60%) by volume of solvent solution as applied must bewater). Detergents, surfactants, and bioenzyme mixtures and nutrients may be combined with the water along with a variety of additives such as organic solvents (e.g., high boiling point alcohols), builders, saponifiers, inhibitors, emulsifiers, pH buffers, and antifoaming agents. Aqueous solutions must have a flash point greater than ninety-three degrees Celsius (93 °C) (two hundred degrees Fahrenheit (200 °F)) (as reported by the manufacturer) and the solution must be

miscible with water. 58. Architectural coating—A coatingrecommended for field application to stationary structures and their appurtenances, to portable buildings, to pavements, or to curbs.

This definition excludes adhesives and coatings recommended by the manufacturer orimporter solely for shop applications or solely for application to non-stationary structures, such as airplanes, ships, boats, and

railcars. 59. Area—Any or all regions within theboundaries of the state of Missouri, as specified. 60. Area of the state—Any geographical area designated by the commission. 61. Area-wide air quality modeling analysis—An assessment on a scale that

includes the entire nonattainment or maintenance area using an air quality dispersionmodel or photochemical grid model to determine the effects of emissions on air quality;for example, an assessment using EPA’s community multi-scale air quality (CMAQ) modeling system. 62. As applied—The VOC and solidscontent of the finishing material that is actually used for coating the substrate. It includes

the contribution of materials used for inhouse dilution of the finishing material.

63. Asbestos—The asbestiform varietiesof chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite.64. Asbestos abatement—The encapsulation, enclosure, or removal of asbestos-containing materials, in or from a building, or air contaminant source; or preparation of friableasbestos-containing material prior to demolition.

65. Asbestos abatement contractor— Any person who by agreement, contractual orotherwise, conducts asbestos abatement projects at a location other than his/her own place of business. 66. Asbestos abatement project—An activity undertaken to encapsulate, enclose, or remove ten (10) square feet or sixteen (16)

linear feet or more of friable asbestos-containing materials from buildings and other air contaminant sources or to demolish buildings and other air contaminant sources containing ten (10) square feet or sixteen (16) linear feet

or more. 67. Asbestos abatement supervisor—Anindividual who directs, controls, or supervises others in asbestos abatement projects.

68. Asbestos abatement worker—An individual who engages in asbestos abatement projects. 69. Asbestos air sampling professional— An individual who by qualifications and experience is proficient in asbestos abatement air monitoring. The individual shall conduct, oversee, or be responsible for air monitoringof asbestos abatement projects before, during, and after the project has been completed. 70. Asbestos air sampling technician— An individual who has been trained by an air sampling professional to do air monitoring. That individual conducts air monitoring of an asbestos abatement project before, during, and after the project has been completed. 71. Asbestos-containing material(ACM)—Any material or product which contains more than one percent (1%) asbestos, by weight.

72. Asbestos debris—Material that

results from removal or deterioration of as

- bestos-containing material. 73. Asbestos Hazard Emergency Response Act (AHERA)—Law enacted in1986 (P.L. 99–519) that directs EPA to develop a regulatory framework to require schools to inspect their building(s) for asbestos and take appropriate abatement actions using qualified, accredited persons for inspection

and abatement. 74. Asbestos projects—An activity undertaken to remove or encapsulate onehundred sixty (160) square feet or two hundred sixty (260) linear feet or more of friable asbestos-containing materials or demolition of any structure or building or a part of itcontaining the previously-mentioned quantities of asbestos-containing materials. 75. Asbestos removal project—An asbestos abatement project consisting of activities that involve, and are required totake out, friable asbestos-containing materials from any facility. This definition includes, but is not limited to, activities associated withthe cleanup of loose friable asbestos-containing debris or refuse, or both, from floors and

other surfaces. 76. ASME—American Society of Mechanical Engineers, 345 East 47th Street, New York, NY 10017. 77. Asphalt prime coat—Application of low-viscosity liquid asphalt to an absorbent

6 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionsurface such as a previously-untreated surface. 78. Asphalt seal coat—An application ofa thin asphalt surface treatment used to waterproof and improve the texture of an absorbent

surface or a nonabsorbent surface such as asphalt or concrete.79. ASTM—American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103. 80. Authorized account representative— The person who is authorized by the ownersor operators of the unit to represent and legally bind each owner and operator in matters pertaining to the Emissions Banking and Trading Program or any other budget trading

program.81. Automated data acquisition and handling system (DAHS)—That component ofthe Continuous Emissions Monitoring System (CEMS), or other emissions monitoring system approved for use by the department, designed to interpret and convert individual output signals from pollutant concentration monitors, diluent gas monitors, and other component parts of the monitoring system to produce a continuous record of the measured parameters in approved measurement units. 82. Automatic blanket wash system—Equipment used to clean lithographic blankets which can include, but is not limited to,those utilizing a cloth and expandable bladder, brush, spray, or impregnated cloth system. 83. Automobile—A four (4)-wheel passenger motor vehicle or derivative capable of seating no more than twelve (12) passengers. 84. Automobile and light duty truckadhesive—An adhesive, including glass bonding adhesive, used at an automobile or light duty truck assembly coating installation, applied for the purpose of bonding two (2) motor vehicle surfaces together without regard to the substrates involved. 85. Automobile and light duty truck bedliner—A multi-component coating, used at an automobile or light duty truck assembly coating installation, applied to a cargo bed after the application of topcoat and outside of the topcoat operation to provide additional durability and chip resistance.86. Automobile and light duty truck cavity wax—A coating, used at an automobile or light duty truck assembly coating installation, applied into the cavities of the motor vehicleprimarily for the purpose of enhancing corrosion protection. 87. Automobile and light duty truck deadener—A coating, used at an automobileor light duty truck assembly coating installation, applied to selected motor vehicle surfaces primarily for the purpose of reducing the sound of road noise in the passenger compartment.88. Automobile and light duty truck gasket/gasket-sealing material—A fluid, used at an automobile or light duty truck assembly coating installation, applied to coat a gasket or replace and perform the same function as a gasket. Automobile and light duty truck gasket/gasket-sealing material includes roomtemperature vulcanization (RTV) seal material. 89. Automobile and light duty truck glass bonding primer—A primer, used at anautomobile or light duty truck assembly coating installation, applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass bonding adhesives or the installation of adhesive bonded glass. Automobile and light duty truck glass bonding primer includes glass bonding/cleaning primers that perform both functions (cleaning and priming of the windshield or other glass or body openings) prior to the application of adhesive or the installation of adhesive bonded glass. 90. Automobile and light duty truck lubricating wax/compound—A protective lubricating material, used at an automobile or light duty truck assembly coating installation, applied to motor vehicle hubs and hinges. 91. Automobile and light duty truck sealer—A high viscosity material, used at anautomobile or light duty truck assembly coating installation, generally, but not always, applied in the paint shop after the body has received an electrodeposition primer coatingand before the application of subsequent coatings (e.g., primer-surfacer). Such materials are also referred to as sealant, sealant primer,

or caulk.92. Automobile and light duty truck surface coating operations—The application,flashoff, and curing of prime, primer-surfacer, topcoat, and final repair coatings during the assembly of passenger cars and light duty trucks excluding the following operations: A. Wheel coatings; B. Miscellaneous antirust coatings; C. Truck interior coatings; D. Interior coatings; E. Flexible coatings; F. Sealers and adhesives; andG. Plastic parts coatings. (Customizers, body shops, and other repainters are not part of this definition.) 93. Automobile and light duty truck trunk interior coating—A coating, used at anautomobile or light duty truck assembly coating installation outside of the primer-surfacer and topcoat operations, applied to the trunk interior to provide chip protection. 94. Automobile and light duty truck underbody coating—A coating, used at anautomobile or light duty truck assembly coating installation, applied to the undercarriageor firewall to prevent corrosion and/or provide chip protection. 95. Automobile and light duty truck weatherstrip adhesive—An adhesive, used at an automobile or light duty truck assemblycoating installation, applied to weatherstripping material for the purpose of bonding the weatherstrip material to the surface of the

motor vehicle. 96. Automotive underbody deadeners— Any coating applied to the underbody of a motor vehicle to reduce the noise reaching the passenger compartment. 97. Auxiliary power unit (APU)—An integrated system that— A. Provides heat, air conditioning, engine warming, or electricity to components on a heavy duty vehicle; and B. Is certified by the Administrator under part 89 of Title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emissions standards. 98. Average emission rate—The simple average of the hourly NO

x emission rate as
recorded by approved monitoring systems.

(B) All terms beginning with “B.”

1. Bag leak detection system—Aninstrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter in order to detect bag failures. A bag leak detection system includes, but is notlimited to, an instrument that operates on triboelectric, light-scattering, light-transmittance, or other effects to monitor relative particulate matter loadings. 2. Baked coating—A coating that is curedat a temperature at or above one hundred ninety-four degrees Fahrenheit (194 °F). 3. Base year—The year chosen in thestate implementation plan to directly correlate emissions of the nonattainment pollutant

in the nonattainment area with ambient air quality data pertaining to the pollutant. Fromthe base year, projections are made to determine when the area will attain and maintain the ambient air quality standards. 4. Basecoat—A coat of colored material, usually opaque, that is applied after primer but before graining inks, glazing coats, orother opaque finishing materials and is usually topcoated for protection.

5. Baseline area—The continuous area

in which the source constructs as well as those portions of the intrastate area which are not part of a nonattainment area and which would receive an air quality impact equal to or greater than one microgram per cubic
meter (1 μg/m3 ) annual average (established by modeling) for each pollutant for which an

CODE OF STATE REGULATIONS 7 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6installation receives a permit under 10 CSR 10-6.060(8) and for which increments have been established in 10 CSR 10-6.060(11)(A),

Table 1. Each of these areas are references to the standard United States Geological Survey (USGS) County-Township-Range-Section system. The smallest unit of area for which a baseline date will be set is one (1) section (one (1) square mile).

6. Baseline concentration—That ambient

concentration level which exists at locations of anticipated maximum air quality impact or increment consumption within a baseline area at the time of the applicable baseline date, minus any contribution from installations,modifications, and major modifications subject to 10 CSR 10-6.060(8) or subject to 40

CFR 52.21 on which construction commenced on or after January 6, 1975, for sulfur dioxide and particulate matter, and February 8, 1988, for nitrogen dioxide. The

baseline concentration shall include contributions from:

A. The actual emissions of other installations in existence on the applicable baseline date; andB. The potential emissions of installations and major modifications which commenced construction before January 6, 1975, but were not in operation by the applicable

baseline date. 7. Baseline date—The date, for eachbaseline area, of the first complete application after August 7, 1977, for sulfur dioxide and particulate matter, and February 8, 1988, for nitrogen dioxide for a permit to construct and operate an installation subject to 10 CSR 10-6.060(8) or subject to 40 CFR 52.21.

8. Basic state installations—Installations which meet any of the following criteria, but are not part 70 installations: A. Emit or have the potential to emit any air pollutant in an amount greater than

the de minimis levels. The fugitive emissions

of an installation shall not be considered unless the installation belongs to one (1) of the source categories listed in 10 CSR 10- 6.020(3)(B), Table 2; or B. Either of the following criteria, provided the U.S. EPA administrator has

deferred a decision on whether the installation would be subject to part 70:(I) Are subject to a standard, limitation, or other requirement under section 111 of the Act, including area sources subjectto a standard, limitation, or other requirement under section 111 of the Act; or (II) Are subject to a standard or other requirement under section 112 of the Act, except that a source is not required to obtain a permit solely because it is subject to rules or requirements under section 112(r) of the Act, including area sources subject to a standard or other requirement under section 112 of the Act, except that an area source is not required to obtain a permit solely because it is subject to regulations or requirements under section 112(r) of the Act. 9. Batch—A discontinuous process involving the bulk movement of materialthrough sequential manufacturing steps, typically characterized as non-steady-state. Forthe purpose of 10 CSR 10-5.442 only, a supply of fountain solution that is prepared and used without alteration until completely used or removed from the printing process. This term may apply to solutions prepared in

either discrete batches or solutions that are continuously blended with automatic mixing

units. 10. Batch cycle—A manufacturing event of an intermediate or product from start to finish in a batch process. 11. Batch HMIWI—A hospital medical infectious waste incinerator that is designed such that neither waste charging nor ash removal can occur during combustion.12. Batch process operation—A discontinuous operation in which a discrete quantity or batch of feed is charged into a chemical manufacturing process unit and distilled or reacted, or otherwise used at one time, and may include, but is not limited to, reactors,filters, dryers, distillation columns, extractors, crystallizers, blend tanks, neutralizer tanks, digesters, surge tanks, and productseparators. After each batch process operation, the equipment is generally emptied

before a fresh batch is started. 13. Batch process train—The collection of equipment (e.g., reactors, filters, dryers, distillation columns, extractors, crystallizers, blend tanks, neutralizer tanks, digesters,surge tanks, and product separators) configured to produce a product or intermediate by a batch process operation. A batch process train terminates at the point of storage of the product or intermediate being produced in thebatch process train. Irrespective of the product being produced, a batch process train which is independent of other processes shall be considered a single batch process train for purposes of rule 10 CSR 10-5.540. 14. Batch-type charcoal kiln—Charcoal

kilns that manufacture charcoal with a batch process rather than a continuous process.The batch-type charcoal kiln process typically includes loading wood, sealing the kiln, igniting the wood, and controlled burning of the wood to produce charcoal which is

unloaded. 15. Best available control technology (BACT)—An emission limitation (including avisible emission limit) based on the maximum degree of reduction for each pollutant which would be emitted from any proposed installation or major modification which the director on a case-by-case basis, taking into account energy, environmental and economic impacts, and other costs, determines isachievable for the installation or major modification through application of production processes or available methods, systems, andtechniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of the pollutant. In no event shall application of BACT result in emissions of any pollutant which wouldexceed the emissions allowed by any applicable emissions control regulation, including

New Source Performance Standards established in 10 CSR 10-6.070 and 40 CFR 60

and National Emissions Standards for Hazardous Pollutants established in 10 CSR 10-

6.080 and 40 CFR 61. If the director determines that technological or economic limitations on the application of measurement methodology to a particular source operation would make the imposition of an emission limitation infeasible, a design, equipment,work practice, operational standard, or combination of these may be prescribed instead torequire the application of BACT. This standard, to the degree possible, shall set forththe emission reduction achievable by implementation of the design, equipment, work practice, or operation and shall provide forcompliance by means which achieve equivalent results. 16. Beverage alcohol—Consumable products and their process intermediates andby-products, consisting of ethanol or mixtures of ethanol and non-volatile organic liquids. 17. Biologicals—Preparations made from living organisms and their products, including vaccines, cultures, etc., intendedfor use in diagnosing, immunizing, or treating humans or animals or in research pertaining thereto.18. Black start unit—Any electric generating unit operated only in the event of a complete loss of power. 19. Blood products—Any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived licensed products, such as interferon, etc. 20. Body fluids—Liquid emanating or derived from humans and limited to blood; dialysate, amniotic, cerebrospinal, synovial, pleural, peritoneal, and pericardial fluids; and semen and vaginal secretions.

21. Boiler—An enclosed fossil or other fuel-fired combustion device used to produce

8 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionheat and to transfer heat to recirculating water, steam, or other medium. 22. Building—Any structure excluding single-family, owner-occupied dwellings, and vacant public- or privately-owned residential structures of four (4) dwelling units or lessbeing demolished for the sole purpose of public health, safety, or welfare. Excluded structures must be geographically dispersed,demolished pursuant to a public safety determination, and posing a threat to public safety. 23. Bulk plant—Any gasoline storage and distribution facility that receives gasoline by pipeline, ship or barge, or cargo tank and subsequently loads the gasoline into gasolinecargo tanks for transport to gasoline dispensing facilities, and has a gasoline throughput of less than twenty thousand (20,000) gallons per day. Gasoline throughput shall be the maximum calculated design throughput as may be limited by compliance with an enforceable condition under federal, state, or

local law. 24. Bulk terminal—Any gasoline storage and distribution facility that receives gasoline by pipeline, ship or barge, or delivery tankand has a gasoline throughput of twenty thousand (20,000) gallons per day or greater. Gasoline throughput shall be the maximumcalculated design throughput as may be limited by compliance with an enforceable condition under federal, state, or local law. 25. Burn cycle—The burn cycle for a charcoal kiln begins at the time that a batch of wood is initially lit and ends when the burn for that batch is completed and the kiln issealed. The burn cycle does not include cooldown time. 26. Business day—All days, excluding Saturdays, Sundays, and state holidays, that a facility is open to the public.

27. Business machine—A device that

uses electronic or mechanical methods to process information, perform calculations, print or copy information, or convert sound into electrical impulses for transmission, including devices listed in standard industrial classification numbers 3572, 3573, 3574,3579, 3661, and photocopy machines, a subcategory of standard industrial classification

number 3861. 28. By compound—By individual stream components, not carbon equivalents. 29. Bypass stack—A device used for discharging combustion gases to avoid severe damage to the air pollution control device or other equipment.

(C) All terms beginning with “C.”

1. CAA—The Clean Air Act, as amended; see also Act. 2. Camouflage coating—A coating, used principally by the military, to conceal equipment from detection. 3. Capacity factor—Ratio (expressed as a percentage) of a power generating unit’s actual annual electric output (expressed in MWe-hr) divided by the unit’s nameplate capacity multiplied by eight thousand seven hundred sixty (8,760) hours. 4. Capture device—A hood, enclosedroom, floor sweep, or other means of collecting solvent emissions or other pollutantsinto a duct so that the pollutant can be directed to a pollution control device such as an

incinerator or carbon adsorber. 5. Capture efficiency—The fraction ofall organic vapors or other pollutants generated by a process that is directed to a control

device.

6. CARB—California Air ResourcesBoard, 2020 L Street, PO Box 2815, Sacramento, CA 95812. 7. Carbon adsorption system—A device containing adsorbent material (for example, activated carbon, aluminum, silica gel); aninlet and outlet for exhaust gases; and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds (VOC) adsorbed. 8. Cargo tank—A delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately-previous

load. 9. Catalytic incinerator—A control device using a catalyst to allow combustion to occur at a lower temperature. 10. Category I nonfriable ACM— Asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in 40 CFR 763, subpart E, Appendix E, section 1, Polarized Light Microscopy. 11. Category II nonfriable ACM—Any material, excluding category I nonfriable ACM, containing more than one percent (1%) asbestos as determined using the method specified in 40 CFR 763, subpart E, Appendix E, section 1, Polarized LightMicroscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure.12. Caulking and smoothing compound—A semi-solid material that is used toaerodynamically smooth exterior vehicle surfaces or fill cavities such as bolt hole accesses. A material shall not be classified as a caulking and smoothing compound if it can

be classified as a sealant. 13. Cause or contribute to a new violation—A federal action that—

A. Causes a new violation of a national ambient air quality standard (NAAQS) at a

location in a nonattainment or maintenance

area which would otherwise not be in violation of the standard during the future period in question if the federal action were not taken; or B. Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a NAAQS at a location in a

nonattainment or maintenance area in a manner that would increase the frequency or severity of the new violation. 14. Caused by, as used in the terms

“direct emissions” and “indirect emissions”—Emissions that would not otherwise

occur in the absence of the federal action.

15. Ceramic tile installation adhesive— An adhesive intended by the manufacturer for

use in the installation of ceramic tiles.16. Certified product data sheet—Documentation furnished by a coating supplier or an outside laboratory that provides the VOC content by percent weight, the solids content by percent weight, and density of a finishingmaterial, strippable booth coating, or solvent, measured using the EPA Method 24 oran equivalent or alternative method (or formulation data, if approved by the director). The purpose of the certified product data

sheet is to assist the affected source in demonstrating compliance with the emission limitations. Therefore, the VOC contentshould represent the maximum VOC emission potential of the finishing material, strippable booth coating, or solvent. 17. Charcoal kiln—Any closed structureused to produce charcoal by controlled burning (pyrolysis) of wood. Retorts and furnaces used for charcoal production are not charcoal

kilns.18. Charcoal kiln control system—A

combination of an emission control device and connected charcoal kiln(s).19. Chemical milling maskant—A coating that is applied directly to aluminum components to protect surface areas when chemical milling the component with a Type I or Type II etchant. Type I chemical milling maskants are used with a Type I etchant, and Type II chemical milling maskants are used with a Type II etchant. This definition does not include bonding maskants, critical use and line sealer maskants, and seal coat

maskants. Maskants that must be used with a combination of Type I or Type II etchants and any of the above types of maskants are

also not included in this definition. 20. Chemotherapeutic waste—Waste material resulting from the production or use

CODE OF STATE REGULATIONS 9 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6of antineoplastic agents used for the purposeof stopping or reversing the growth of malignant cells. 21. Circumvention—Building, erecting, installing, or using any article, machine, equipment, process, or method which, when used, would conceal an emission that wouldotherwise constitute a violation of an applicable standard or requirement. That concealment includes, but is not limited to, the use of gaseous adjutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an operation to avoid coverage by a standard that applies only to operations larger than a specific size.

22. Class I hardboard—A hardboardpanel that meets the specifications of Voluntary Product Standard PS 59-73 as approved by the American National Standards Institute. 23. Class II finish—A finish applied tohardboard panels that meets the specifications of Voluntary Product Standard PS 59-73as approved by the American National Standards Institute.

24. Clean room—An uncontaminated area or room which is a part of the worker decontamination enclosure system. 25. Clean scanning—The illegal act of connecting the On-Board Diagnostics (OBD)

cable or wireless transmitter to the data link

connector of a vehicle other than the vehicle photographed and identified on the emissions VIR for the purpose of bypassing the required OBD test procedure. 26. Cleaning operations—processes of cleaning products, product components,tools, equipment, or general work areas during production, repair, maintenance or servicing, including, but not limited to, spray gun cleaning, spray booth cleaning, large and small manufactured component cleaning, parts cleaning, equipment cleaning, line cleaning, floor cleaning, and tank cleaning,

at sources with emission units. 27. Cleaning solution—A liquid solvent used to remove printing ink and debris from the surfaces of the printing press and its parts. Cleaning solutions include, but are notlimited to, blanket wash, roller wash, metering roller cleaner, plate cleaner, impression cylinder washes, and rubber rejuvenators. 28. Clear coat—A coating which lacks color and opacity or is transparent and uses

the undercoat as a reflectant base or undertone color. This term also includes corrosion preventative coatings used for the interior of drums or pails.

29. Clear wood finishes—Clear and semi-transparent topcoats applied to woodsubstrates to provide a transparent or translucent film. 30. Clinker—The product of a Portland cement kiln from which finished cement is manufactured by milling and grinding.

31. Closed container—A container with a cover fastened in place so that it will not allow leakage or spilling of the contents.

32. Closed landfill—A landfill in which solid waste is no longer being placed and in which no additional wastes will be placedwithout first filing a notification of modification as prescribed under 40 CFR 60.7(a)(4).

Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed. 33. Closure—That point in time when a

landfill becomes a closed landfill. 34. Coating—A protective, decorative, or functional material applied in a thin layer to a surface. Such materials include, but are not limited to, paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, inks, and temporary protective coatings. For the purposes of 10 CSR 10-5.330, coating does not include ink used in printing operations regulated under 10 CSR 10-5.340 and 10

CSR 10-5.442. 35. Coating applicator—An apparatus used to apply a surface coating.36. Coating line—One (1) or more apparatus or operations which include a coating applicator, flash-off area, and oven where a surface coating is applied, dried, or cured, or

a combination of these. 37. Coating solids (or “solids”)—Thepart of the coating that remains after the coating is dried or cured; solids content is determined using data from EPA Method 24 or an alternative or equivalent method.

38. Co-fired combustor—A unit combusting hospital waste and/or medical/infectious waste with other fuels or wastes andsubject to an enforceable requirement limiting the unit to combusting a fuel feed stream, ten percent (10%) or less of the weight of which is comprised, in aggregate, of hospital

waste and medical/infectious waste as measured on a calendar-quarter basis. For purposes of this definition, pathological waste, chemotherapeutic waste, and low-level

radioactive waste are considered “other wastes” when calculating the percentage of hospital waste and medical/infectious waste

combusted. 39. Cogenerator—For the purposes of paragraph (1)(A)3. of 10 CSR 10-6.364 only, cogenerator is a facility which—

A. For a unit that commenced construction on or prior to November 15, 1990, was constructed for the purpose of supplyingequal to or less than one-third (1/3) its potential electrical output capacity or equal to or

less than two hundred nineteen thousand (219,000) MWe-hrs actual electric output on an annual basis to any utility power distribution system for sale (on a gross basis). If the purpose of construction is not known, theadministrator will presume that actual operation from 1985 through 1987 is consistent with such purpose. However, if in any three (3)-calendar-year period after November 15,1990, such unit sells to a utility power distribution system an annual average of more thanone-third (1/3) of its potential electrical output capacity and more than two hundred nineteen thousand (219,000) MWe-hrs actual electric output (on a gross basis), that unit shall be an affected unit, subject to the requirements of the acid rain program; or

B. For units which commenced construction after November 15, 1990, suppliesequal to or less than one-third (1/3) its potential electrical output capacity or equal to or

less than two hundred nineteen thousand (219,000) MWe-hrs actual electric output onan annual basis to any utility power distribution system for sale (on a gross basis). However, if in any three (3)-calendar-year period after November 15, 1990, such unit sells to a utility power distribution system an annual average of more than one-third (1/3) of its potential electrical output capacity and more

than two hundred nineteen thousand (219,000) MWe-hrs actual electric output (on a gross basis), that unit shall be an affected unit, subject to the requirements of the acid rain program. 40. Cold cleaner—Any device or piece of equipment that contains and/or uses liquid solvent, into which parts are placed to remove soils from the surfaces of the parts orto dry the parts. Cleaning machines that contain and use heated nonboiling solvent to clean the parts are classified as cold cleaning

machines. 41. Cold rolling mill—Batch process aluminum sheet rolling mill with a preset gap

between the work rolls used to reduce the sheet thickness. The process generally occurs at temperatures below two hundred sixty-five degrees Fahrenheit (265 °F). A cold rollingmill is used mainly for the production of aluminum sheet at gauges between three-tenths

of one inch to two-thousands of one inch (0.3" to 0.002"). Reductions to finish gauge may occur in one (1) pass or several passes. 42. Combined cycle system—A system comprised of one (1) or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.

43. Combustion turbine—An enclosed

fossil or other fuel-fired device that is comprised of a compressor, a combustor, and a turbine and in which the flue gas resulting

10 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionfrom the combustion of fuel in the combustorpasses through the turbine, rotating the turbine. 44. Commenced—An owner or operatorhas undertaken a continuous program of construction or modification, has entered into abinding agreement, or has contractual obligation to undertake and complete within a reasonable time a continuous program of construction or modification.45. Commenced commercial operation—With regard to a unit that serves a generator, to have begun to produce steam, gas, or other heated medium used to generateelectricity for sale or use, including test generation. For the purpose of 10 CSR 10-6.360only, the date of commencement of commercial operation shall be as follows: A. Except as provided in subsection (1)(E) of 10 CSR 10-6.360, for a unit that is

a NO

x budget unit under section (1) of 10

CSR 10-6.360 on the date the unit commences commercial operation, such date

shall remain the unit’s date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered; and B. Except as provided in subsections (1)(E) or (3)(H) of 10 CSR 10-6.360, for a
unit that is not a NO

x budget unit under section (1) of 10 CSR 10-6.360 on the date the unit commences commercial operation, the

date the unit becomes a NO

x budget unit

under section (1) of 10 CSR 10-6.360 shall

be the unit’s date of commencement of commercial operation. 46. Commenced operation—The initial setting into operation of any air pollution control equipment or process equipment. Forthe purpose of 10 CSR 10-6.360 only, commenced operation is to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a

unit’s combustion chamber and the date ofcommencement of operation shall be as follows: A. Except as provided in subsection (1)(E) of 10 CSR 10-6.360, for a unit that is

a NO

x budget unit under section (1) of 10

CSR 10-6.360 on the date of commencement of operation, such date shall remain the unit’s date of commencement of operation even ifthe unit is subsequently modified, reconstructed, or repowered; and B. Except as provided in subsection (1)(E) of 10 CSR 10-6.360 or subsection (3)(H) of 10 CSR 10-6.360, for a unit that is

not a NO

x budget unit under section (1) of 10

CSR 10-6.360 on the date of commencement of operation, the date the unit becomes a NO

x budget unit under section (1) of 10 CSR 10- 6.360 shall be the unit’s date of commencement of operation.

47. Commercial HMIWI—An HMIWIwhich offers incineration services for hospital/medical/infectious waste generated offsite by firms unrelated to the firm that owns the

HMIWI. 48. Commercial solid waste—All types of solid waste generated by stores, offices,restaurants, warehouses, and other nonmanufacturing activities, excluding residential and

industrial wastes. 49. Commercial vehicle—Any motor vehicle, other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by such motor vehicle, that is designed, used,and maintained for the transportation of persons or property for hire, compensation, profit, or in the furtherance of a commercial enterprise.

50. Commercial/Institutional boiler—A

boiler used in commercial establishments or

institutional establishments such as medical centers, institutions of higher education, hotels, and laundries to provide electricity, steam, and/or hot water.

51. Commission—The Missouri AirConservation Commission established pursuant to section 643.040, RSMo. 52. Common stack—A single flue through which emissions from two (2) or

more NO

x units are exhausted.
53. Compliance account—A NO

xallowance tracking system account, established for an affected unit, in which the NO

x allowance allocations for the unit are initially

recorded and in which are held NO

x allowances available for use by the unit for a control period for the purpose of meeting the

unit’s NO

x emission limitation.
54. Compliance certification—A submission to the director or the administrator, that is required to report a NO

x budget

source’s or a NO

x budget unit’s compliance
or noncompliance with stated requirements and that is signed by the NO

x authorized
account representative in accordance with 10

CSR 10-6.360. 55. Compliance cycle—The two (2)-year duration during which a subject vehicle in the enhanced emissions inspection program area is required to comply with sections 643.300–643.355, RSMo. A. For private-entity vehicles, the compliance cycle begins sixty (60) days priorto the subject vehicle’s registration and biennial license plate tab expiration. B. For public-entity vehicles, the compliance cycle begins on January 1 of eacheven-numbered calendar year. The compliance cycle ends on December 31 of each oddnumbered calendar year. 56. Compliant coating—A finishing material or strippable booth coating that meets the emission limits as specified. 57. Condensate (hydrocarbons)—A hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure, or both, and remains liquid at standard conditions. 58. Condenser—Any heat transfer device used to liquefy vapors by removing their latent heats of vaporization including,but not limited to, shell and tube, coil, surface, or contact condensers.59. Conference, conciliation, and persuasion—A process of verbal or written communications, including but not limited to meetings, reports, correspondence, or telephoneconferences between authorized representatives of the department and the alleged violator. The process shall, at minimum, consist of one (1) offer to meet with the alleged violator tendered by the department. During any suchmeeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance.

60. Confidential business information—Secret processes, secret methods of manufacture or production, trade secrets, and other information possessed by a business that, under existing legal concepts, the business has a right to preserve as confidential and to limit its use by not disclosing it to others in order that the business may obtain or retain business advantages it derives from its rights in the information. For the purpose of 10CSR 10-6.300, confidential business information (CBI) is information that has beendetermined by a federal agency, in accordance with its applicable regulations, to be a trade secret, or commercial or financialinformation obtained from a person and privileged or confidential and is exempt from required disclosure under the Freedom of Information Act (5 U.S.C. 552(b)(4)). 61. Conformity determination—Theevaluation (made after an applicability analysis is completed) that a federal action conforms to the applicable implementation plan and meets the requirements of rule 10 CSR

10-6.300. 62. Conformity evaluation—The entire process from the applicability analysis through the conformity determination that is

used to demonstrate that the federal action conforms to the requirements of rule 10 CSR

10-6.300. 63. Conservation vent—Any valvedesigned and used to reduce evaporation losses of VOC by limiting the amount of air

CODE OF STATE REGULATIONS 11 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6admitted to, or vapors released from, the vapor space of a closed storage vessel. 64. Construction—Fabricating, erecting,reconstructing, or installing a source operation. Construction shall include installation of building supports and foundations, laying ofunderground pipe work, building of permanent storage structures, and other construction activities related to the source operation.

65. Contact adhesive—An adhesive

that— A. Is designed for application to both surfaces to be bonded together; B. Is allowed to dry before the two (2) surfaces are placed in contact with each other;

C. Forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other; and D. Does not need sustained pressureor clamping of surfaces after the adhesivecoated surfaces have been brought togetherusing sufficient momentary pressure to establish full contact between both surfaces. Contact adhesive does not include rubber cements that are primarily intended for use on paper

substrates. Contact adhesive also does not include vulcanizing fluids that are designed and labeled for tire repair only.

66. Containment—The area where an asbestos abatement project is conducted. The area must be enclosed either by a glove bag or plastic sheeting barriers. 67. Continuing program responsibility—A federal agency has responsibility for emissions caused by actions it takes itself or

actions of non-federal entities that the federal agency, in exercising its normal programs andauthorities, approves, funds, licenses, or permits, provided the agency can impose conditions on any portion of the action that could

affect the emissions.68. Continuous coater—A finishing system that continuously applies finishing materials onto furniture parts moving along a conveyor system. Finishing materials that are nottransferred to the part are recycled to the finishing material reservoir. Several types ofapplication methods can be used with a continuous coater including spraying, curtain coating, roll coating, dip coating, and flow coating. 69. Continuous emissions monitoringsystem (CEMS)—Monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility. For the purposes of 10 CSR 10-6.350 and 10 CSR 10-6.360, CEMS means the equipment required to sample, analyze, measure, and provide, by readings taken at least once everyfifteen (15) minutes of the measured parameters, a permanent record of nitrogen oxides emissions, expressed in tons per hour for nitrogen oxides. The following systems are component parts included, consistent with 40CFR 75, in a continuous emissions monitoring system: A. Flow monitor;B. Nitrogen oxides pollutant concentration monitors; C. Diluent gas monitor (oxygen or carbon dioxide) when such monitoring is required;

D. A continuous moisture monitor when such monitoring is required; and E. An automated data acquisition and handling system.

70. Continuous HMIWI—An HMIWI that is designed to allow waste charging and ash removal during combustion.71. Continuous opacity monitoring system (COMS)—All equipment required to continuously measure and record the opacity

of emissions within a stack or duct. COMS consists of sample interface, analyzer, and data recorder components and usually includes, at a minimum, transmissometers, transmissometer control equipment, and data transmission, acquisition, and recording equipment. 72. Continuous program to implement— The federal agency has started the action identified in the plan and does not stop the actions for more than an eighteen (18)-month period, unless it can demonstrate that such a stoppage was included in the original plan.

73. Continuous recorder—A data recording device recording an instantaneous data value at least once every fifteen (15)

minutes.

74. Contractor—The state contractedcompany who shall implement the decentralized motor vehicle emissions inspection program as specified in sections643.300–643.355, RSMo, and the state contracted company who shall implement the acceptance test procedure. 75. Control device—Any equipment that reduces the quantity of a pollutant that is emitted to the air. The device may destroy or secure the pollutant for subsequent recovery. Includes, but is not limited to, incinerators, carbon adsorbers, and condensers. 76. Control device efficiency—The ratio of the pollution released by a control device and the pollution introduced to the control device, expressed as a fraction.77. Control period—The period beginning May 1 of a calendar year and ending on September 30 of the same calendar year. 78. Control system—The combination of capture and control devices used to reduce emissions to the atmosphere. 79. Controlled landfill—Any landfill at which collection and control systems arerequired under this rule as a result of the nonmethane organic compounds emission rate.

The landfill is considered controlled if a collection and control system design plan is submitted in compliance with the applicable

rule. 80. Conventional air spray—A spraycoating method in which the coating is atomized by mixing it with compressed air at an air pressure greater than ten (10) pounds persquare inch (gauge) at the point of atomization. Airless and air-assisted airless spray technologies are not conventional air spraybecause the coating is not atomized by mixing it with compressed air. Electrostatic spraytechnology is also not considered conventional air spray because an electrostatic charge isemployed to attract the coating to the workpiece. 81. Conveyorized degreaser—A type ofdegreaser in which the parts are loaded continuously. 82. Cove base—A flooring trim unit, generally made of vinyl or rubber, having a concave radius on one (1) edge and a convex radius on the opposite edge that is used in forming a junction between the bottom wall

course and the floor or to form an inside corner. 83. Cove base installation adhesive—An adhesive intended by the manufacturer to be

used for the installation of cove base or wall

base on a wall or vertical surface at floor

level. 84. Criteria pollutant or standard—Any pollutants for which there is established a NAAQS at 40 CFR 50. 85. Crude oil—A naturally-occurring mixture which consists of hydrocarbons and sulfur, nitrogen, or oxygen derivatives, or a combination of these, of hydrocarbons which is a liquid at standard conditions. 86. Custody transfer—The transfer of produced crude oil or condensate, or both, after processing or treating, or both, in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation. 87. Cutback asphalt—Any asphaltic cement that has been liquefied by blending with VOC liquid diluents.88. Cyanoacrylate adhesive—An adhesive with a cyanoacrylate content of at least ninety-five percent (95%) by weight.89. Cyclone boiler—A boiler with a horizontal, cylindrical furnace that burns crushed, rather than pulverized, coal.90. Cyclone EGU—An electric generating unit (EGU) with a fossil-fuel-fired boiler consisting of one (1) or more horizontal

12 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissioncylindrical barrels that utilize tangentially applied air to produce a swirling combustion pattern of coal and air.

(D) All terms beginning with “D.”

1. Data Link Connector (DLC)—Theterminal required to be installed on all OnBoard Diagnostics (OBD) equipped vehicles

that allows communication with a vehicle’s OBD system. 2. Day—A period of twenty-four (24) consecutive hours beginning at midnight local time, or beginning at a time consistent with a facility’s operating schedule.3. Degreasing—A solvent metal cleaning in which nonaqueous solvents are used to

clean and remove soils from metal surfaces.4. Delivery vessel—A tank truck, trailer, or railroad tank car.

5. De minimis levels—Any emissions level less than or equal to the rates listed in Table 1, subsection (3)(A) of this rule. 6. Demolition project—The wrecking,razing, burning, or removing of any load-supporting structural member or portion of a structure together with any related handling operation.7. Department—The Missouri Department of Natural Resources, which includes the director thereof, or the person or division or program within the department delegated the authority to render the decision, order, determination, finding, or other action that is subject to review by the commission. PO Box 176, Jefferson City, MO 65102.8. Department-approved inhouse project—An asbestos abatement project in a person’s own facility using their own trained facility employees; the project has receiveddepartmental approval as part of planned renovation operations. 9. Design capacity—The maximum amount of solid waste the landfill can accept,

as indicated in terms of volume or mass in the most recent operating or construction permitissued by the county or state agency responsible for regulating the landfill, plus any inplace waste not accounted for in the most recent permit. If the owner or operator chooses to convert the design capacity from

volume to mass or from mass to volume to demonstrate its design capacity is less than two and one-half (2.5) million megagrams or two and one-half (2.5) million cubic meters, the calculation must include a site-specific density, which must be recalculated annually.10. Designated representative—A responsible individual authorized by the owner or operator of an affected source and of all affected units at the source, as evidenced by a certificate of representation submitted in accordance with 40 CFR 72, subpart B to represent and legally bind each owner and operator, as a matter of federal law, in matters pertaining to the acid rain program. Whenever the term “responsible official” is used in 40 CFR 70, 10 CSR 10-6.065, or in any other regulations implementing Title V of the Act, it shall be deemed to refer to the “designated representative” with regard to all matters under the acid rain program. 11. Diagnostic Trouble Code (DTC)— An alphanumeric code consisting of five (5)characters which is stored by a vehicle’s OnBoard Diagnostics system if a vehicle malfunctions or deteriorates in such a way as to potentially raise the vehicle’s tailpipe or evaporative emissions more than one andone-half (1.5) times the federal test procedure certification limits. The code indicates the system or component that is in need of diagnosis and repair to prevent the vehicle’s emissions from increasing further. 12. Diammonium phosphate—A productresulting from the reaction between phosphoric acid and ammonia having the molecular formula (NH4) 2HPO4 .13. Diesel engine—A compressionignited (CI) two (2)- or four (4)-stroke enginein which liquid fuel is injected into the combustion chamber and ignited when the air charge has been compressed to a temperature sufficiently high for auto-ignition. 14. Digital printing—A print-on-demand method of printing in which an electronic output device transfers variable data, in theform of an image, from a computer to a variety of substrates. Digital printing methodsinclude, but are not limited to, inkjet printing, electrophotographic printing, dye sublimation printing, thermal wax printing, and solid ink printing.

15. Dioxins/furans—The combined emission of tetra- through octa-chlorinated dibenzo-para-dioxins and dibenzofurans asmeasured by the U.S. Environmental Protection Agency (EPA) Reference Method 23 of 40 CFR 60, Appendix A-7.

16. Direct emissions—Those emissions of a criteria pollutant or its precursors that are caused or initiated by the federal actionand originate in a nonattainment or maintenance area and occur at the same time andplace as the action and are reasonably foreseeable. 17. Director or department director—Director of the Missouri Department of Natural Resources, or a designated representative, to carry out the duties as described in section 643.060, RSMo. 18. Dispersion technique—

A. A dispersion technique is any technique designed to affect the concentration of a pollutant in the ambient air by— (I) Using that portion of a stack which exceeds good engineering practice stack height; (II) Varying the rate of emission ofa pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or (III) Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one (1) stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise; and

B. This definition does not include:

(I) The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to thetemperature at which it was originally discharged from the installation generating the
gas stream; (II) The merging of exhaust gas

streams where— (a) The installation owner or operator demonstrates that the installation was originally designed and constructed with the merged gas streams;(b) After July 8, 1985, the merging is part of a change in operation at the

installation that includes the installation ofemissions control equipment and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of dispersion technique shall applyonly to the emission limitation for the pollutant affected by a change in operation; or (c) Before July 8, 1985, the merging was part of a change in operation at

the installation that included the installationof emissions control equipment or was carried out for sound economic or engineering

reasons. Where there was an increase in the

emission limitation or in the event that no emission limitation was in existence prior to the merging, the director shall presume that merging was significantly motivated by anintent to gain emissions credit for greater dispersion. Without a demonstration by the source owner or operator that merging was not significantly motivated by that intent, the director shall deny credit for the effects ofmerging in calculating the allowable emissions for the source;(III) Smoke management in agricultural or silvicultural prescribed burning programs; (IV) Episodic restrictions on residential woodburning and open burning; or (V) Techniques under part (2)(D)10.A.(III) of this definition which increase final exhaust gas plume rise where

CODE OF STATE REGULATIONS 13 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6the resulting allowable emissions of sulfur

dioxide from the installation do not exceed five thousand (5,000) tons per year. 19. Disposal facility—All contiguous land and structures, other appurtenances, andimprovements on the land used for the disposal of solid waste. 20. Disposed off-site—Sending used organic solvents or coatings outside of the facility boundaries for disposal. 21. Distillation operation—An operation separating one (1) or more feed stream(s) into two (2) or more exit stream(s), each exitstream having component concentration different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid- and vapor-phase as they approach equilibrium

within the distillation unit.

22. Distillation unit—A device or vesselin which distillation operations occur, including all associated internals (such as trays or packing) and accessories (such as reboiler, condenser, vacuum pump, stream jet, etc.), plus any associated recovery system.23. Draft permit—The version of a permit for which the permitting authority offers public participation or affected state review. 24. Drum—Any cylindrical container of thirteen to one hundred ten (13–110)-gallon capacity.25. Dry cleaning installation—An installation engaged in the cleaning of fabrics in an essentially nonaqueous solvent by means of one (1) or more washes in solvent, extraction of excess solvent by spinning and drying by tumbling in an airstream. The installation includes, but is not limited to, any washer, dryer, filter and purification systems, waste disposal systems, holding tanks, pumps, and attendant piping and valves.26. Dry scrubber—An add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays an alkalinesorbent (spray dryer) to react with and neutralize acid gases in the exhaust stream forming a dry powder material. 27. Dual fuel engine—Compression ignited stationary internal combustion engine that is capable of burning liquid fuel and gaseous fuel simultaneously.

(E) All terms beginning with “E.”

1. Early reduction credit (ERC)—NO

x emission reductions in the years 2000, 2001, 2002, and 2003 that are below the limits specified in subsection (3)(A) of 10 CSR 10- 6.350; ERCs will only be available for useduring the years of 2004 and 2005. When calculating ERCs or performing calculationsinvolving ERCs, ERCs shall always be rounded down to the nearest ton. 2. Economic benefit—Any monetary gain which accrues to a violator as a result of noncompliance.3. E85—Ethanol-gasoline blend containing eighty-five percent (85%) denatured ethanol and fifteen percent (15%) gasoline that also meets the standard specification requirements of the most recent update to

ASTM D 5798.4. Electric dissipating coating—A coating that rapidly dissipates a high-voltage electric charge. 5. Electric generating unit (EGU)—Any

fossil-fuel-fired boiler or turbine that serves an electrical generator with the potential to use more than fifty percent (50%) of the usable energy from the boiler or turbine to generate electricity.6. Electric-insulating and thermal conducting coating—A coating that displays an

electrical insulation of at least one thousand (1,000) volts DC per mil on a flat test plate and an average thermal conductivity of at least twenty-seven hundredths British thermalunits (0.27 Btu) per hour-foot-degree-Fahrenheit. 7. Electric-insulating varnish—A nonconvertible-type coating applied to electric motors, components of electric motors, or power transformers, to provide electrical, mechanical, and environmental protection or

resistance. 8. Electrodeposition primer (EDP)—A protective, corrosion-resistant waterborne primer on exterior and interior surfaces that provides thorough coverage of recessed areas.It is a dip coating method that uses an electrical field to apply or deposit the conductivecoating onto the part. The object being painted acts as an electrode that is oppositely charged from the particles of paint in the dip

tank. 9. Electronic component—All portions of an electronic assembly, including, but not limited to, circuit board assemblies, printedwire assemblies, printed circuit boards, soldered joints, ground wires, bus bars, andassociated electronic component manufacturing equipment such as screens and filters. 10. Electrostatic preparation coat—A coating that is applied to a plastic part solely to provide conductivity for the subsequentapplication of a prime, topcoat, or other coating through the use of electrostatic application methods. An electrostatic preparation coat is clearly identified as an electrostatic preparation coat on its material safety data

sheet. 11. Emergency—A situation whereextremely quick action on the part of the federal agencies involved is needed and where the timing of such federal activities makes it impractical to meet the requirements of 10 CSR 10-6.300, such as natural disasters like hurricanes or earthquakes, civil disturbancessuch as terrorist acts, and military mobilizations.12. Emergency asbestos abatement project—An asbestos abatement project that must be undertaken immediately to prevent imminent severe human exposure or to restore essential facility operation. 13. Emergency standby boiler—For the purpose of 10 CSR 10-5.510 only, a boiler operated during times of loss of primary power at the installation that is beyond thecontrol of the owner or operator, during routine maintenance, to provide steam for building heat; or to protect essential equipment. 14. Emergency standby engine—For the purpose of 10 CSR 10-6.390, an internal combustion engine used only when normal electrical power or natural gas service is interrupted or for the emergency pumping of water for either fire protection or flood relief. An emergency standby engine may not be operated to supplement a primary power source when the load capacity or rating of the primary power source has been either

reached or exceeded. 15. Emergency standby generator—Forthe purpose of 10 CSR 10-6.350 only, a generator operated only during times of loss of primary power at the facility that is beyond the control of the owner or operator of the facility or during routine maintenance. 16. Emergency stationary combustion turbine—For the purpose of 10 CSR 10-5.510only, a stationary combustion turbine operated only during times of loss of primary power at the facility that is beyond the control of the owner or operator of the facility or during

routine maintenance.17. Emergency stationary internal combustion engine—For the purpose of 10 CSR10-5.510 only, a stationary internal combustion engine used to drive pumps, aerators, or other equipment only during times of loss of primary power at the facility that is beyond the control of the owner or operator of the facility or during routine maintenance. 18. EMI/RFI shielding—A coating usedon electrical or electronic equipment to provide shielding against electromagnetic interference (EMI), radio frequency interference (RFI), or static discharge.19. Emission(s)—The release or discharge, whether directly or indirectly, into theatmosphere of one (1) or more air contaminants. For the purposes of 10 CSR 10-6.360 only, air pollutants exhausted from a unit or source into the atmosphere, as mea sured, recorded, and reported to the administrator by the NO

x authorized account representative
and as determined by the administrator.

14 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission20. Emission data— A. The identity, amount, frequency,concentration, or other characteristics (related to air quality) of any air contaminant

which— (I) Has been emitted from an emission unit; (II) Results from any emission by the emissions unit; (III) Under an applicable standardor limitation, the emissions unit was authorized to emit; or (IV) Is a combination of any of the parts (2)(E)20.A.(I), (II), or (III) of this rule; B. The name, address (or descriptionof the location), and the nature of the emissions unit necessary to identify the emission units including a description of the device, equipment, or operation constituting the emissions unit; and C. The results of any emission testing or monitoring required to be reported under any rules of the commission. 21. Emission events—Discrete venting episodes that may be associated with a single unit of operation. 22. Emission inventory—A listing of information on the location, type of source, type and quantity of pollutant emitted, as well as other parameters of the emissions; 23. Emission limitation—A regulatory requirement, permit condition, or consent agreement which limits the quantity, rate, or

concentration of emissions on a continuous basis, including any requirement which limits the level of opacity, prescribes equipment, sets fuel specifications, or prescribes operation or maintenance procedures for an installation to

assure continuous emission reduction.

24. Emission offsets—Emissions reductions which are quantifiable, consistent withthe applicable implementation plan attainment and reasonable further progress demonstrations, surplus to reductions required by,and credited to, other applicable implementation plan provisions, enforceable under both state and federal law, and permanent within the time frame specified by the program.

Emissions reductions intended to be achieved

as emissions offsets must be monitored and enforced in a manner equivalent to that under EPA’s new source review requirements.

25. Emission rate cutoff—The threshold

annual emission rate to which a landfill compares its estimated emission rate to determine if control under the applicable regulation is required. 26. Emission reduction credit (ERC)—A certified emission reduction that is created by eliminating future emissions and expressed in tons per year. One (1) ERC is equal to one (1) ton per year. An ERC must be real, properly quantified, permanent, and surplus. 27. Emissions budgets—Those portions

of the total allowable emissions defined in an EPA-approved revision to the applicable implementation plan for a certain date for the purpose of meeting reasonable furtherprogress milestones or attainment or maintenance demonstrations, for any criteria pollutant or its precursors, specifically allocated by the applicable implementation plan to mobile sources, to any stationary source or class of stationary sources, to any federal action or class of action, to any class of areasources, or to any subcategory of the emissions inventory. The allocation system mustbe specific enough to assure meeting the criteria of section 176(c)(1)(B) of the CAA. An emissions budget may be expressed in terms of an annual period, a daily period, or otherperiod established in the applicable implementation plan.28. Emissions inspection—Tests performed on a vehicle in order to evaluate

whether the vehicle’s emissions control components are present and properly functioning.29. Emissions report—A report that satisfies the provisions of this rule and is either

a— A. Full emissions report—Containsall required data elements for current reporting year; orB. Reduced reporting form—Represents data elements and emissions from the last full emissions report.30. Emissions unit—Any part or activity of an installation that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of

the Act. This term is not meant to alter or

affect the definition of the term unit for thepurposes of Title IV of the Act. For the purpose of 10 CSR 10-6.410 only, emissions unit is any part of a source or activity at a source that emits or would have the potential to emit criteria pollutants or their precursors. 31. Emulsified asphalt—An emulsion of asphalt cement and water that contains a small amount of an emulsifying agent, as specified in ASTM D (977-77) or ASTM D (2397-73). 32. Enamel—A surface coating that is a mixture of paint and varnish, having vehicles similar to those used for varnish, but also containing pigments.

33. Enclosed combustor—An enclosed firebox which maintains a relatively-constant limited peak temperature generally using a limited supply of combustion air. An

enclosed flare is considered an enclosed combustor. 34. End exterior coating—A coating applied to the exterior end of a can to provide protection to the metal. 35. End seal compound—The gasket forming coating used to attach the end pieces of a can during manufacturing or after filling

with contents. 36. Energized electrical system—Any alternating current (AC) or direct current(DC) electrical circuit on an assembled aircraft once electrical power is connected, including interior passenger and cargo areas, wheel wells, and tail sections.37. Energy Information Administration—The Energy Information Administration of the United States Department of Energy. 38. Engine rating—The output of anengine as determined by the engine manufacturer and listed on the nameplate of the unit, regardless of any derating. 39. Equipment—Any item that isdesigned or intended to perform any operation and includes any item attached to it to assist in the operation.

40. EPA—The U.S. Environmental Protection Agency.41. EPDM roof membrane—A prefabricated single sheet of elastomeric material composed of ethylene propylene diene monomer (EPDM) and that is field-applied toa building roof using one (1) layer of membrane material. 42. Equipment leak—Emissions of volatile organic compounds from pumps, valves, flanges, or other equipment used totransfer or apply finishing materials or organic solvents. 43. Equivalent method—Any method of sampling and analyzing for an air pollutant

that has been demonstrated to the director’ssatisfaction to have a consistent and quantitatively-known relationship to the reference method under specific conditions. 44. Etching filler—A coating for metal that contains less than twenty-three percent (23%) solids by weight and at least one-half percent (0.5%) acid by weight, and is used instead of applying a pretreatment coating followed by a primer.

45. Excess emissions—The emissionswhich exceed the requirements of any applicable emission control regulation.

46. Excessive concentration—

A. For installations seeking credit for reduced ambient pollutant concentrations from stack height exceeding that defined in subparagraph (2)(G)15.B. of this rule an

excessive concentration is a maximum ground level concentration due to emissionsfrom a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which are at least forty percent (40%) in

CODE OF STATE REGULATIONS 15 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6excess of the maximum concentration experienced in the absence of the downwash, wakes, or eddy effects, and that contributes

to a total concentration due to emissions fromall installations that is greater than an ambient air quality standard. For installations subject to the prevention of significant deterioration program as set forth in 10 CSR 10-6.060(8), an excessive concentrationmeans a maximum ground level concentration due to emissions from a stack due to the same conditions as mentioned previously and is greater than a prevention of significant

deterioration increment. The allowable emission rate to be used in making demonstrations under this definition shall be prescribed by the new source performance regulation as referenced by 10 CSR 10-6.070 for the source category unless the owner or operator

demonstrates that this emission rate is infeasible. Where demonstrations are approved by the director, an alternative emission rate shall

be established in consultation with the source
owner or operator; B. For installations seeking credit after October 11, 1983, for increases in stack heights up to the heights established under subparagraph (2)(G)15.B. of this rule, an

excessive concentration is either—(I) A maximum ground level concentration due in whole or part to downwash,wakes, or eddy effects as provided in subparagraph (2)(E)46.A. of this rule, exceptthat the emission rate used shall be the applicable emission limitation (or, in the absence of this limit, the actual emission rate); or (II) The actual presence of a local nuisance caused by the stack, as determined by the director; and C. For installations seeking credit after January 12, 1979, for a stack height determined under subparagraph (2)(G)15.B. of this rule where the director requires the use of a field study of fluid model to verify good engineering practice stack height, for installations seeking stack height credit afterNovember 9, 1984, based on the aerodynamic influence of cooling towers and for installations seeking stack height credit afterDecember 31, 1970, based on the aerodynamic influence of structures not represented adequately by the equations in subparagraph (2)(G)15.B. of this rule, a maximum ground level concentration due in whole or part to downwash, wakes, or eddy effects that is at least forty percent (40%) in excess of the maximum concentration experienced in the absence of downwash, wakes, or eddy effects.47. Existing—As applied to any equipment, machine, device, article, contrivance, or installation shall mean in being, installed, or under construction in the Kansas City metropolitan area on September 25, 1968 (Buchanan County, January 21, 1970), in the St. Louis metropolitan area on March 24, 1967 (Franklin County, January 18, 1972), inthe Springfield metropolitan area on September 24, 1971, and in the outstate Missouri area on February 24, 1971, except that ifequipment, machine, device, article, contrivance, or installation subsequently is altered, repaired, or rebuilt at a cost of fifty percent (50%) or more of its replacement cost exclusive of routine maintenance, it shall no longer be existing but shall be considered new as defined in this regulation. The cost of installing equipment designed principally for the purpose of air pollution control is not to be considered a cost of altering, repairing, or rebuilding existing equipment for the purpose of this definition. For the purpose of 10 CSR 10-6.405, existing is any source which was in being, installed, or under construction on February 15, 1979, in the Kansas City or St. Louis metropolitan area, except that if any source in these areas subsequently is altered, repaired, or rebuilt at a cost of thirty percent(30%) or more of its replacement cost, exclusive of routine maintenance, it shall no longer be existing but shall be considered as new. 48. Exterior coating (two (2)-piece)—A surface coating used to coat the outside faceof a two (2)-piece can. Used to provide protection from the lithograph or printing operations. 49. External floating roof—A storage vessel cover in an open top tank consisting of a double-deck or pontoon single deck whichrests upon and is supported by petroleum liquid being contained and is equipped with a closure seal(s) to close the space between the roof edge and tank wall.

50. Extreme environmental conditions— The exposure to any of the weather all of thetime, temperatures consistently above ninetyfive degrees Celsius (95 °C), detergentsabrasive and scouring agents, solvents, corrosive atmospheres, or similar environmental

conditions.51. Extreme high gloss coating—A coating applied to— A. Pleasure craft which, when tested by the ASTM Test Method D-523-89, shows a reflectance of ninety percent (90%) or more on a sixty-degree (60°) meter; or B. Metal and plastic parts that are not components of pleasure craft, which, when tested by the ASTM Test Method D-523adopted in 1980, shows a reflectance of seventy-five percent (75%) or more on a sixtydegree (60°) meter. 52. Extreme performance coating—A coating used on a metal or plastic surface where the coated surface is, in its intended use, subject to the following: A. Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures, or solutions; B. Repeated exposure to temperatures in excess of two hundred fifty degrees Fahrenheit (250 °F); orC. Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, cleansers, or scouring agents.

(F) All terms beginning with “F.”

1. Fabric coating—A coating applied to a textile substrate by dipping or by means of

a knife or roll. 2. Fabric filter or baghouse—An add-onair pollution control system that removes particulate matter and nonvaporous metals emissions by passing flue gas through filter bags. 3. Facilities manager—The individual incharge of purchasing, maintaining, and operating the HMIWI or the owner’s or operator’srepresentative responsible for the management of the HMIWI. Alternative titles may include director of facilities or vice president of support services. 4. Federal action—Any activity engagedin by a department, agency, or instrumentality of the federal government, or any activity that a department, agency, or instrumentality of the federal government supports in anyway, provides financial assistance for, licenses, permits, or approves, other than activities related to transportation plans, programs, and projects developed, funded, or approved

under Title 23 U.S.C. or the Federal TransitAct (49 U.S.C. 1601 et seq.). Where the federal action is a permit, license, or other approval for some aspect of a nonfederal undertaking, the relevant activity is the part,portion, or phase of the nonfederal undertaking that requires the federal permit, license, or approval.5. Federal agency—A federal department, agency, or instrumentality of the federal government.6. Federally enforceable—All limitations and conditions which are enforceable bythe administrator, including those requirements developed pursuant to 40 CFR 55, 60,61, and 63; requirements within any applicable state implementation plan; requirements in operating permits issued pursuant to 40 CFR 70 or 71, unless specifically designated as non-federally enforceable; and any permit requirements established pursuant to 40 CFR 52.10, 52.21, or 55, or under regulations approved pursuant to 40 CFR 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the state implementation plan and

16 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionexpressly requires adherence to any permit issued under such program. 7. Fill capacity—The maximum amount of wood that can be properly loaded into a charcoal kiln prior to the burn cycle. 8. Final permit—The version of a part 70 permit issued by the permitting authority that has completed all review procedures as required in 40 CFR 70.7 and 70.8. 9. Final repair—The final coatings applied to correct topcoat imperfections after the complete assembly of the automobile.10. Finish foil mill—Batch process aluminum foil rolling mill with work rolls in contact to reduce foil gauge. This process

reduces intermediate foil and in some cases finished sheet to final gauges. A finish foilmill is used mainly in the production of aluminum foil at gauges between 0.005 inches to 0.00018 inches. Reductions to finish gauge may occur in several passes through the mill. 11. Finish primer/surfacer—A coating applied to pleasure craft with a wet film thickness of less then ten (10) mils prior to the application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, a moisture barrier, or promotion of a uniform surface necessary for filling in surface imperfections. 12. Finishing application station—Thepart of a finishing operation where the finishing material is applied, e.g., a spray booth. 13. Finishing material—A coating usedin the wood furniture industry. For the purpose of 10 CSR 10-5.530, such materials include, but are not limited to, basecoats, stains, washcoats, sealers, and topcoats.14. Finishing operation—Those activities in which a finishing material is applied to a substrate and is subsequently air-dried, cured in an oven, or cured by radiation.15. Firebox—The chamber or compartment of a boiler or furnace in which materials are burned but does not mean the combustion chamber of an incinerator. 16. Flame zone—The portion of the combustion chamber in a boiler occupied by the flame envelope. 17. Flare—An open combustor without

enclosure or shroud. 18. Flash off area—The space between the application area and the oven. 19. Flexible coating—A coating that isrequired to comply with engineering specifications for impact resistance, mandrel bend, or elongation as defined by the original equipment manufacturer. 20. Flexible package printing—The application of a coating, or the performanceof a graphic arts operation, to flexible packaging. The printing processes used for flexible package printing are rotogravure and flexography. The printing of shrink-wrap labels or wrappers conducted on or in-line with a flexible package printing press is flexiblepackage printing. The printing of self-adhesive labels is not flexible package printing. 21. Flexible packaging—Any package or part of a package the shape of which can be readily changed. Flexible packaging includes, but is not limited to, bags, pouches, liners,and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any combination of these materials. 22. Flexible vinyl—Non-rigid polyvinyl chloride plastic with at least five percent (5%) by weight plasticizer content.23. Flexographic printing—The application of words, designs, and pictures to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier

is made of rubber or other elastomeric materials.

24. Flow indicator—A device that indicates whether gas flow is present in a vent

stream. 25. Flush cleaning—The removal ofcontaminants such as dirt, grease, and coatings from a vehicle, component, or coating equipment by passing solvent over, into, or through the item being cleaned. The solvent may simply be poured into the item cleaned and then drained, or be assisted by air orhydraulic pressure, or by pumping. The solvent drained from the item may be assisted by air, compressed gas, hydraulic pressure or by pumping. Hand-wipe cleaning operations where wiping, scrubbing, mopping, or other

hand actions are used are not included in this definition. Flush cleaning does not include spray gun cleaning. 26. Fog coat—A coating that is applied to a plastic part for the purpose of colormatching without masking a molded-in texture. 27. Food service establishment—Anyfixed or mobile restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill;tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; roadside stand; industrial feeding establishment; private, public, or nonprofit organization or institution routinely serving food; catering kitchen, commissary, or similar place in which food or drink is placed for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge. 28. Fossil fuel—Natural gas, petroleum, coal, or any form of solid, liquid, or gaseous

fuel derived from such material. 29. Fossil-fuel-fired—With regard to a unit, the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel is projected to comprise more than fifty percent (50%) of the annual heat input. Forthe purpose of 10 CSR 10-6.360 only, fossilfuel-fired, with regard to a unit, is the combustion of fossil fuel, alone or in combination with any other fuel, where fossil fuel— A. Actually combusted comprises more than fifty percent (50%) of the annual heat input on a Btu basis during any year starting in 1995 or, if a unit had no heat inputstarting in 1995, during the last year of operation of the unit prior to 1995; or B. Is projected to comprise more than fifty percent (50%) of the annual heat input on a Btu basis during any year; provided that

the unit shall be “fossil-fuel-fired” as of the date, during such year, on which the unit begins combusting fossil fuel.

30. Fountain solution—The solutionwhich is applied to the image plate to maintain the hydrophilic properties of the nonimage areas. It is primarily water containing an etchant, a gum arabic, and a dampening aid (commonly containing alcohol and alcohol substitutes).

31. Fountain solution reservoir—The collection tank that accepts fountain solution recirculated from printing unit(s). In some cases, the tanks are equipped with coolingcoils for refrigeration of the fountain solution. 32. Freeboard area—The air space in a

batch-load cold cleaner that extends from the liquid surface to the top of the tank. 33. Freeboard height—

A. The distance from the top of thesolvent to the top of the tank for batch-loaded cold cleaners; B. The distance from the air-vapor interface to the top of the tank for open-top vapor degreasers; or

C. The distance from either the airsolvent or air-vapor interface to the top of the tank for conveyorized degreasers.

34. Freeboard ratio—The freeboard height divided by the smaller of either theinside length or inside width of the degreaser. 35. Friable asbestos-containing material—Any material that contains more than one percent (1%) asbestos, by weight, which isapplied to ceilings, walls, structural members, piping, ductwork, or any other part of a building or facility and which, when dry, maybe crumbled, pulverized, or reduced to powder by hand pressure.36. Fugitive emissions—Those emissions which according to good engineering practice could not pass through a stack,

CODE OF STATE REGULATIONS 17 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6chimney, vent, or other functionally-equivalent opening.

(G) All terms beginning with “G.”

1. Gas mover equipment—The equipment (i.e., fan, blower, compressor) used totransport landfill gas through the header system. 2. Gas volatile organic compounds (VOC) service—A component that contacts a process fluid containing ten percent (10%) or greater VOC by weight that is in a gaseous state at operating conditions. 3. Gasoline—A petroleum liquid having a Reid vapor pressure four pounds (4 lbs) per square inch or greater. 4. Gasoline dispensing facility—Any stationary facility which dispenses gasoline

into the fuel tank of a motor vehicle. 5. Gasoline distribution facility—Any stationary facility which transfers, loads, and/or unloads gasoline, including but not limited to gasoline bulk terminals, bulk plants, and pipeline facilities, that also doesnot meet the definition of a gasoline dispensing facility. 6. Gaseous fuel—A combustible gas that includes, but is not limited to, natural gas, landfill gas, coal-derived gas, refinery gas,and biogas. Blast furnace gas is not considered a gaseous fuel under this definition.

7. General account—A NO

x allowance
tracking system account that is not a compliance account or an overdraft account. 8. General aviation—Segment of civilaviation that encompasses all facets of aviation except air carriers, commuters, and military. General aviation includes charter andcorporate-executive transportation, instruction, rental, aerial application, aerial observation, business, pleasure, and other special

uses. 9. General aviation rework facility—Any aerospace installation with the majority of its revenues resulting from the reconstruction, repair, maintenance, repainting, conversion, or alteration of general aviation aerospace vehicles or components. 10. Generating activity—Any process modification that results in a permanent

reduction in emissions. 11. Generator—A device that produces electricity. 12. Generator source—Any source that generates an ERC. 13. Gloss reducer—A coating that is applied to a plastic part solely to reduce the shine of the part.14. Glove bag—A manufactured or fabricated device, typically constructed of six (6) mil transparent polyethylene or polyvinyl chloride plastic. This device consists of two (2) inward projecting long sleeves, an internal tool pouch, and an attached, labeled receptacle for asbestos waste. The bags are especially designed to contain sections of pipe for thepurpose of removing a short length of damaged asbestos material without releasing

fibers into the air. 15. Good engineering practice (GEP) stack height—GEP stack height means the greater of—A. Sixty-five meters (65 m), measured from the ground level elevation at the base of the stack;

B. For stacks on which construction commenced on or before January 12, 1979, and for which the owner or operator had obtained all applicable permits or approvals required under 40 CFR 51 and 52,

Hg = 2.5H

provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; and for all other stacks,

Hg = H + 1.5L

Where: Hg = GEP stack height, measured from the ground level elevation at the base of the stack; H = height of nearby structure(s) measured from the ground level elevation at the base of the stack; and L = lesser dimension, height, or projected width of the nearby structure(s). Provided that the director may require the use of a field study or fluid model to verify GEP stack height for the installation; or C. The height demonstrated by a fluid model or field study approved by the director,

which ensures that the emissions from a stack

do not result in excessive concentrations of any air pollutant as result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby

terrain features. 16. Gravity-based assessment—The degree of seriousness of a violation taking

into consideration the risk to human health and the environment posed by the violation and considering the extent of deviation from sections 643.010–643.250, RSMo. 17. Greenfield site—A contiguous area under common control that is an undeveloped

site. 18. Gross vehicle weight rating(GVWR)—The value specified by the manufacturer as the maximum design loaded weight of a single vehicle. 19. Ground-level ozone—A colorless, odorless gas formed by the mixing of volatile organic compounds and oxides of nitrogen from stationary and mobile pollution sourcesin the presence of heat and sunlight. Groundlevel ozone is a strong oxidizer that negatively affects human health by causing diminished lung function in both healthyindividuals and those with pre-existing respiratory problems.

20. Growth increment—The limit onnew installation or major modification emissions of a nonattainment pollutant. Growthincrement is reserved for use only by installations with no applicable, internally-generated, banked emissions reductions.

(H) All terms beginning with “H.”

1. Halogenated vent stream—Any vent

stream determined to have a total concentration of halogen atoms (by volume) contained in organic compounds of two hundred (200)parts per million by volume or greater determined by Method 18 of 40 CFR 60, Appendix A, or other test or data validated by Method 301 of 40 CFR 63, Appendix A, or by engineering assessment or processknowledge that no halogenated organic compounds are present. For example, one hundred fifty (150) parts per million by volume of ethylene dichloride would contain three hundred (300) parts per million by volume of total halogen atoms. 2. Hand cleaning/wiping operation— The removal of contaminants, such as dirt, grease, oil, and coatings, from a surface by physically rubbing it with a material such as a rag, paper, or cotton swab that has been moistened with a cleaning solvent. 3. Hand-fired fuel-burning equipment— Any stove, furnace, or other fuel-burning device in which fuel is manually introduced directly into the combustion chamber. 4. Hardboard—A panel manufactured primarily from interfelted lignocellulosic

fibers that are consolidated under heat and pressure in a hot press.5. Hardwood particleboard—A manufactured board one-fourth inch (1/4") or lessin thickness made of individual wood particles that have been coated with a binder and formed into flat sheets by pressure. 6. Hazardous air pollutant—Any of the air pollutants listed in subsection (3)(C) of

this rule. 7. Hearing—Any presentation to, orconsideration by the hearing officer of evidence or argument on a petition seeking the commission’s review of an action by the department. 8. Hearing officer—A person appointed by the Administrative Hearing Commission. 9. Heat input—The product (in mmBtu/time) of the gross calorific value of the fuel (in Btu/lb) and the fuel feed rate into a combustion device (in mass of fuel/time),

18 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionas measured, recorded, and reported to the administrator by the NO

x authorized account
representative and as determined by the

administrator in accordance with the approved process, and does not include the heat derived from preheated combustion air, recirculated flue gases, or exhaust from other

sources. 10. Heat resistant coating—A coating that must withstand a temperature of at least four hundred degrees Fahrenheit (400 °F) during normal use.

11. Heatset—A class of web-offset lithographic and letterpress printing in which the setting of the printing inks requires a heated dryer to evaporate the ink oils. The setting or curing of inks using only radiation (e.g., infrared, ultraviolet light, or electron beam)

is not heatset and is classified as non-heatset.12. Heavy duty diesel vehicle—A vehicle that— A. Has a gross vehicle weight rating greater than ten thousand pounds (10,000 lbs); B. Is powered by a diesel engine; andC. Is designed primarily for transporting persons or property on a public street or highway. 13. Heavy duty vehicle (HDV)—Any motor vehicle rated at eight thousand five hundred one pounds (8,501 lbs) GVWR or

more. 14. High-air phase—The stage of the batch operating cycle when the primary

chamber reaches and maintains maximum operating temperatures. 15. High-bake coating—A coatingwhich is designed to cure only at temperatures of more than one hundred ninety-four degrees Fahrenheit (194 oF).16. High-build primer/surfacer—A coating applied to pleasure craft with a wet film thickness of ten (10) mils or more prior to theapplication of a topcoat for purposes of providing a moisture barrier, corrosion resistance, adhesion of subsequent coatings, or promoting a uniform surface necessary for filling in surface imperfections. 17. High-gloss coating—A coating applied to pleasure craft which, when tested by the ASTM Test Method D-523-89, shows a reflectance of eighty-five percent (85%) or more on a sixty-degree (60°) meter. 18. High-performance architecturalcoating—A coating used to protect architectural subsections and which meets the requirements of the Architectural AluminumManufacturer Association’s publication number AAMA 2604-05, Voluntary Specification, Performance Requirements, and Test Procedures for High Performance OrganicCoatings on Aluminum Extrusions and Panels or AAMA 2605-05, Voluntary Specification, Performance Requirements, and Test Procedures for Superior Performing OrganicCoatings on Aluminum Extrusions and Panels. 19. High-temperature coating—A coating that is certified to withstand a temperature of one thousand degrees Fahrenheit (1,000 °F) for twenty-four (24) hours. 20. High terrain—Any area having an elevation nine hundred feet (900') or more

above the base of the stack of the installation. 21. High-volume low-pressure (HVLP) spray equipment—Spray equipment that is used to apply coating by means of spray gun that operates at ten pounds per square inch gauge (10.0 psig) of atomizing air pressure or less at the air cap. 22. Higher heating value (HHV)—The total heat liberated per mass of fuel burned in British thermal units (Btu) per pound, whenfuel and dry air at standard conditions undergo complete combustion and all resultant products are brought to their standard states

at standard conditions. It can be determined by 10 CSR 10-6.040(2) (ASTM Standard: D 2015-66, Part 19, 1972, Standard Method for Determining Gross Heating Values of Solid

Fuels). For the purpose of 10 CSR 10-6.390only, if certification of the HHV is not provided by the third party fuel supplier, it shall be determined by one (1) of the following test methods: ASTM D2015-85 for solid fuels;ASTM D240-87 or ASTM D2382-88 for liquid hydrocarbon fuels; or ASTM D1826-88 or ASTM D1945-81 in conjunction with ASTM D3588-89 for gaseous fuels. 23. HMIWI operator—Any person whooperates, controls, or supervises the day-today operation of an HMIWI. 24. Hospital—Any facility which has an organized medical staff, maintains at least six (6) inpatient beds, and where the primaryfunction of the institution is to provide diagnostic and therapeutic patient services and continuous nursing care primarily to human inpatients who are not related and who stay on average in excess of twenty-four (24) hours per admissions. This definition does

not include facilities maintained for the sole purpose of providing nursing or convalescent care to human patients who generally are notacutely ill but who require continuing medical supervision. 25. Hospital/medical/infectious waste incinerator (HMIWI) or HMIWI unit—Any device that combusts any amount of hospital

waste and/or medical/infectious waste. 26. Hospital waste—Discards generated at a hospital, except unused items returned to the manufacturer. The definition of hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

27. Hot car—A vehicle which transfershot coke from the oven to the area of quenching. 28. Household waste—Any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households(including, but not limited to, single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

(I) All terms beginning with “I.”

1. Idling—The operation of an engine where the engine is not engaged in gear. 2. Incinerator—Any article, machine, equipment, contrivance, structure, or part of a structure used to burn refuse or to process refuse material by burning other than by openburning as defined in this rule. For the purpose of 10 CSR 10-5.530 only, incinerator is

an enclosed combustion device that thermally oxidizes volatile organic compounds to carbon monoxide (CO) and carbon dioxide (CO2). This term does not include devices
that burn municipal or hazardous waste material. For the purpose of 10 CSR 10-5.550 only, incinerator is any enclosed combustion device that is used for destroying organic compounds. Auxiliary fuel may be used to heat waste gas to combustion temperatures. Any energy recovery section present is not physically formed into one (1) section; rather,the energy recovery system is a separate section following the combustion section and the two (2) are joined by ducting or connections that carry fuel gas. 3. Increase the frequency or severity of any existing violation of any standard in any

area—To cause a nonattainment area to exceed

a standard more often or to cause a violation at a greater concentration than previously existed or would otherwise exist during the future period in question, if the project were not implemented.

4. Indirect emissions—Those emissions of a criteria pollutant or its precursors— A. That are caused or initiated by the federal action and originate in the same nonattainment or maintenance area but may occur at a different time or place; B. That are reasonably foreseeable; C. That the agency can practically control;D. That which the agency has continuing program responsibility; andE. That the federal agency can practically control and will maintain control due to a continuing program responsibility of the federal agency, including, but not limited to—

CODE OF STATE REGULATIONS 19 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6(I) Traffic on or to, or stimulated or accommodated by, a proposed facility which is related to increases or other changes in the scale or timing of operations of such facility;(II) Emissions related to the activities of employees of contractors or federal employees; (III) Emissions related to employee commutation and similar programs to increase average vehicle occupancy imposedon all employers of a certain size in the locality; or (IV) Emissions related to the use of federal facilities under lease or temporary permit. For the purposes of this definition, even if a federal licensing, rulemaking, or other approving action is a required initial step for a subsequent activity that causes emissions, such initial steps do not mean that a federal agency can practically control any resulting

emissions. 5. Indirect heating source—A sourceoperation in which fuel is burned for the primary purpose of producing steam, hot water, or hot air, or other indirect heating of liquids, gases, or solids where, in the course of doing so, the products of combustion do not come into direct contact with process materials. 6. Indoor floor covering installationadhesive—An adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl-backed carpet, resilient sheet, and roll or artificial grass. Adhesives used to install ceramic tile and perimeter bonded sheetflooring with vinyl backing onto a nonporous substrate, such as flexible vinyl, are excluded from this category.

7. Industrial boiler—A boiler used in manufacturing, processing, mining, and refining, or any other industry to provide steam, hot water, and/or electricity.

8. Industrial solid waste—Solid wastegenerated by manufacturing or industrial processes that is not a hazardous waste regulated

under Subtitle C of the Resource Conservation and Recovery Act, 40 CFR 264 and 265. Such waste may include, but is not limited to,waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing;leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneousplastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste. 9. Industrial surface coating operation— The surface coating of manufactured itemsintended for distribution in commerce to persons other than the person or legal entity performing the surface coating. 10. Infectious agent—Any organism (such as a virus or bacteria) that is capable ofbeing communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in

humans. 11. Initial emissions inspection—Anemissions inspection consisting of the inspection series that occurs the first time a vehicle is inspected in a compliance cycle. 12. Initial fueling of motor vehicles— The operation, including related equipment,of dispensing gasoline fuel into a newlyassembled motor vehicle equipped with ORVR at an automobile assembly plant while the vehicle is still being assembled on theassembly line. Newly-assembled motor vehicles being fueled on the assembly line shall be equipped with ORVR and have fuel tanks that have never before contained gasoline

fuel. 13. Ink formulation as applied—The base graphic arts coating and any additives such as thinning solvents to make up the ink material that is applied to a substrate.14. In-line repair—The operation performed and coating(s) applied to correct damage or imperfections in the topcoat on parts that are not yet on a completely-assembled vehicle. The curing of the coatings applied inthese operations is accomplished at essentially the same temperature as that used for curing the previously-applied topcoat. Also referred to as high-bake repair or high-bakereprocess and is considered part of the topcoat operation. 15. Innovative control technology—Any system of air pollution control that has not been adequately demonstrated in practice but

would have a substantial likelihood of achieving greater continuous emission reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or non-air quality environmental impacts. 16. Insignificant activity—An activity or emission unit in which the only applicable requirement would be to list the requirement in an operating permit application under 10 CSR 10-6.065 and is either of the following: A. Emission units whose aggregate

emission levels for the installation do not

exceed that of the de minimis levels; and

B. Emission units or activities listed in 10 CSR 10-6.061 as exempt or excluded from construction permit review under 10

CSR 10-6.060. 17. Inspector—An individual, underAHERA, who collects and assimilates information used to determine whether asbestoscontaining material is present in a building or

other air contaminant sources. 18. Installation—All source operations including activities that result in fugitive emissions, that belong to the same industrial grouping (that have the same two (2)-digit

code as described in the Standard Industrial Classification Manual , 1987), and any

marine vessels while docked at the installation, located on one (1) or more contiguous or adjacent properties and under the controlof the same person (or persons under common control). 19. Institutional cleaning—Cleaningactivities conducted at organizations, societies, or corporations including but not limited to schools, hospitals, sanitariums, and prisons. 20. Institutional vehicle—Any motor vehicle, other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by such a motor vehicle, that is designed, used, and maintained for the transportation of persons or property for an establishment, foundation, society, or the like, devoted to the promotion of a particular cause or program, especially one of a public, educational, or

charitable character. 21. Interior body spray (two (2)- and three (3)-piece)—The surface coating for the interior and ends of a two (2)-piece formed can or the surface coating of the side of therectangular material to be used as the interior and ends of a three (3)-piece can. 22. Interior well—Any well or similar collection component located inside the perimeter of the landfill waste. A perimeter

well located outside the landfill waste is not

an interior well.23. Intermediate foil mill—Batch process aluminum foil rolling mill with the workrolls in contact to reduce foil gauge. This process reduces finished sheet to intermediate foil gauges. An intermediate foil mill is used mainly in the production of aluminum foil atgauges between 0.010 inches to 0.0004 inches. Reductions to finish gauge may occur in several passes through the mill.

24. Intermediate installations—Part 70

installations that become basic state installations based on their potential to emit byaccepting the imposition of voluntarilyagreed-to federally-enforceable limitations on the type of materials combusted or processed,operating rates, hours of operation, or emission rates more stringent than those otherwise required by rule or regulation.

20 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission25. Intermittent HMIWI—An HMIWI that is designed to allow waste charging, but not ash removal, during combustion. 26. Internal combustion engine—Any engine in which power, produced by heat and/or pressure developed in the engine cylinder(s) by burning a mixture of fuel and air, is subsequently converted to mechanical work by means of one (1) or more pistons. 27. Internal floating roof—A product cover in a fixed roof tank which rests upon oris floated upon the VOC liquid being contained and which is equipped with a sliding seal(s) to close the space between the edge of

the covers and tank shell.

(J) All terms beginning with “J.”

1. Janitorial cleaning—The cleaning of building or facility components such as the floors, ceilings, walls, windows, doors, stairs,bathrooms, kitchens, etc. in nonmanufacturing areas. 2. Jet engine test cell—A stationary jet engine used for the purpose of research and testing. 3. Jobbing cupola—A cupola which has a single melting cycle operated no more than ten (10) hours in any consecutive twenty-four (24) hours and no more than fifty (50) hours in any consecutive seven (7) days.

(K) All terms beginning with “K.”

1. Kansas City metropolitan area—The geographical area comprised of Jackson,Cass, Clay, Platte, Ray, and Buchanan Counties.

(L) All terms beginning with “L.”

1. Lacquers—A surface coating that is basically solutions of nitrocellulose in VOCs, with plasticizers and other resins added to improve the quality of the film.2. Laminate—A product made by bonding together two (2) or more layers of material.

3. Landfill—An area of land or an excavation in which wastes are placed for permanent disposal, and that is not a land application unit, surface impoundment, injection well, or waste pile as those terms are defined

under 40 CFR 257.2. 4. Large HMIWI—An HMIWI whose maximum design waste burning capacity is more than five hundred pounds (500 lbs) per hour, or a continuous or intermittent HMIWI whose maximum charge rate is more than five hundred pounds (500 lbs) per hour, or a batch HMIWI whose maximum charge rate is more than four thousand pounds (4,000 lbs) per day. The following are not large HMIWI:

a continuous or intermittent HMIWI whose maximum charge rate is less than or equal to five hundred pounds (500 lbs) per hour; or a batch HMIWI whose maximum charge rate is less than or equal to four thousand pounds (4,000 lbs) per day. 5. Lateral expansion—A horizontalexpansion of the waste boundaries of an existing MSW landfill. A lateral expansion is not

a modification unless it results in an increase in the design capacity of the landfill. 6. Lean-burn engine—Any two (2)- or four (4)-stroke spark-ignited (SI) engine with greater than four percent (4%) oxygen in the engine exhaust.7. Letterpress printing—A printing process in which the image area is raised relativeto the non-image area, and the ink is transferred to the substrate directly from the image

surface.8. Licensed emissions inspection station—Any business that has met the licensing requirements as specified and been licensed to offer vehicle emissions inspection services on behalf of the department. 9. Licensed emissions inspector—Anyindividual that has met the licensing requirements as specified and been licensed to conduct vehicle emissions inspections on behalf of the department.10. Life-of-the-unit, firm power contractual arrangement—A unit participation power sales agreement under which a utility or industrial customer reserves, or is entitled to receive, a specified amount or percentage of nameplate capacity and associated energyfrom any specified unit and pays its proportional amount of such unit’s total costs, pursuant to a contract— A. For the life of the unit;

B. For a cumulative term of no less than thirty (30) years, including contracts that permit an election for early termination; or C. For a period equal to or greater than twenty-five (25) years or seventy percent (70%) of the economic useful life of the unit determined as of the time the unit is built, with option rights to purchase or release some portion of the nameplate capacity and associated energy generated by the unit at the end of the period. 11. Light duty truck (LDT)—Any motor vehicle rated at eight thousand five hundred pounds (8,500 lbs) gross weight or less, and

which has a basic vehicle frontal area of forty-five (45) square feet or less, which is— A. Designed primarily for purposes of transportation of property or is a derivation of such a vehicle;B. Designed primarily for transportation of persons and has a capacity of more than twelve (12) persons; or C. Available with special features enabling off-street or off-highway operation

and use.12. Light duty vehicle (LDV)—A passenger car or passenger car derivative capable of seating twelve (12) passengers or less that is rated at six thousand pounds (6,000 lbs) GVWR or less.13. Light liquid volatile organic compound (VOC)—A fluid VOC with a vapor pressure greater than 0.3 kilopascals (kPa) at twenty degrees Celsius (20 °C).14. Light liquid volatile organic compound (VOC) service—A component shall beconsidered in such service if it contacts a process fluid containing ten percent (10%) or greater light liquid VOC by weight. 15. Liquid fuel—A combustible liquid that includes, but is not limited to, distillateoil, residual oil, waste oil, and process liquids. 16. Liquid-mounted seal—A primaryfoam- or liquid-filled seal mounted in continuous contact with the liquid between the wall of the storage vessel and the floating roof

around the circumference of the tank.17. Lithographic printing—A planographic printing process where the image andnon-image areas are chemically differentiated; the image area is oil receptive and the non-image area is water receptive. This method differs from other printing methods, where the image is typically printed from araised or recessed surface. Offset lithographic printing is the only common type of lithographic printing used for commercial printing.

18. Load/unload locations—Distribution centers, warehouses, retail stores, railroad facilities, ports, and any other sites where heavy duty diesel vehicles may idle their engines while waiting to load or unload.19. Local air quality modeling analysis—an assessment of localized impacts on a

scale smaller than the entire nonattainment or maintenance area, including, for example, congested roadways on a federal facility, which uses an air quality dispersion model (e.g., Industrial Source Complex Model or Emission and Dispersion Model System) to

determine the effects of emissions on air quality. 20. Long-dry kiln—A kiln fourteen feet (14') or larger in diameter, four hundred feet (400') or greater in length, which employs no preheating of the feed and the inlet feed to the kiln is dry. 21. Long-wet kiln—A kiln fourteen feet (14') or larger in diameter, four hundred feet (400') or greater in length, which employs no preheating of the feed and the inlet feed to the kiln is a slurry. 22. Low-bake coating—A coating designed to cure at temperatures below one hundred ninety-four degrees Fahrenheit (194 oF).

CODE OF STATE REGULATIONS 21 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-623. Low-level radioactive waste—Waste

material which contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards

for unrestricted release. Low-level radioactive waste is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)).

24. Low-NO

x burners—A type of burner (a device that functions as an injector of

fuel and combustion air into a boiler or kilnto produce a flame that burns as close as possible to the center line of the boiler or kiln)

that has a series of channels or orifices that 1) allow for the adjustment of the volume, velocity, pressure, and/or direction of the air carrying the fuel, known as primary air, intothe boiler or kiln and 2) impart high momentum and turbulence to the fuel stream to facilitate mixing of the fuel and secondary air. 25. Lower explosive limit (LEL)—The lower limit of flammability of a gas or vapor at ordinary ambient temperatures expressedin percent of the gas or vapor in air by volume.26. Lowest achievable emission rate (LAER)—That rate of emissions which

reflects—A. The most stringent emission limitation which is contained in any state implementation plan for a class or category of source, unless the owner or operator of theproposed source demonstrates that the limitations are not achievable; orB. The most stringent emission limitation which is achieved in practice by the class or category of source, whichever ismore stringent. LAER shall not be less stringent than the new source performance standard limit.27. Low vapor pressure hydrocarbonbased cleaning solvent—A cleaning solventthat is composed of a mixture of photochemically reactive hydrocarbons and oxygenated hydrocarbons and has a maximum vapor pressure of seven millimeters of mercury (7 mmHg) at twenty degrees Celsius (20 °C).

These cleaners must not contain hazardous air pollutants.

(M) All terms beginning with “M.”

1. MACT (Maximum achievable controltechnology)—The maximum degree of reduction in emissions of the hazardous air pollutants listed in subsection (3)(C) of this rule (including a prohibition on these emissions where achievable), taking into consideration the cost of achieving emissions reductionsand any non-air quality health and environmental impacts and requirements, determines is achievable for new or existing sources in the category or subcategory to which thisemission standard applies, through application of measures, processes, methods, systems, or techniques including, but not limited to, measures which:

A. Reduce the volume of or eliminate emissions of pollutants through process changes, substitution of materials, or other modifications; B. Enclose systems or processes to eliminate emissions; C. Collect, capture, or treat pollutants when released from a process, stack, storage, or fugitive emissions point; D. Are design, equipment, work practice, or operational standards (includingrequirements for operational training or certification); orE. Are a combination of subparagraphs (2)(M)1.A.–D.

2. Maintenance area—An area that wasdesignated as nonattainment and has been redesignated in 40 CFR 81 to attainment, meeting the provisions of section 107(d)(3)(E) of the Act and has a maintenance plan approved

under section 175A of the Act.3. Maintenance operation—Normal routine maintenance on any stationary internalcombustion engine or the use of an emergency standby engine and fuel system during testing, repair, and routine maintenance to verify its readiness for emergency standby use. 4. Maintenance plan—A revision to the applicable Missouri State ImplementationPlan (SIP), meeting the requirements of section 175A of the CAA. 5. Major modification—Any physical change or change in the method of operationat an installation or in the attendant air pollution control equipment that would result in asignificant net emissions increase of any pollutant. A physical change or a change in themethod of operation, unless previously limited by enforceable permit conditions, shall not

include: A. Routine maintenance, repair, and replacement of parts;

B. Use of an alternative fuel or raw material by reason of an order under Sections2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, a prohibition under the Power Plant and IndustrialFuel Use Act of 1978, or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

C. Use of an alternative fuel or raw material, if prior to January 6, 1975, the source was capable of accommodating the fuel or material, unless the change would beprohibited under any enforceable permit condition which was established after January 6, 1975; D. An increase in the hours of operation or in the production rate unless the change would be prohibited under any enforceable permit condition which was established after January 6, 1975; or E. Use of an alternative fuel by reason

of an order or rule under section 125 of the

Clean Air Act.

6. Malfunction—A sudden and unavoidable failure of air pollution control equipmentor process equipment or of a process to operate in a normal and usual manner. Excess emissions caused by improper design shallnot be deemed a malfunction. For the purpose of 10 CSR 10-6.200 only, malfunction isany sudden, infrequent, and not reasonablypreventable failure of air pollution control equipment, process equipment, or a processto operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. During periods of malfunction the operator shall operate within establishedparameters as much as possible, and monitoring of all applicable operating parameters

shall continue until all waste has been combusted or until the malfunction ceases,

whichever comes first. 7. Malfunction indicator lamp (MIL)— An amber-colored warning light located onthe dashboard of vehicles equipped with OnBoard Diagnostics systems indicating to the vehicle operator that the vehicle either has a malfunction or has deteriorated enough to cause a potential increase in the vehicle’s tailpipe or evaporative emissions. 8. Management planner—An individual, under AHERA, who devises and writes plans

for asbestos abatement.9. Manure storage and application systems—Any system that includes but is not limited to lagoons, manure treatment cells, earthen storage ponds, manure storage tanks, manure stockpiles, composting areas, pitsand gutters within barns, litter used in bedding systems, all types of land application equipment, and all pipes, hoses, pumps, and other equipment used to transfer manure. 10. Marine vessel—A craft capable of being used as a means of transportation on water, except amphibious vehicles. 11. Maskant—A coating applied directly to an aerospace component to protect thoseareas when etching other parts of the component. 12. Mask coating—A thin film coating applied through a template to coat a small portion of a substrate. 13. Material safety data sheet (MSDS)—The chemical, physical, technical, and safety information document supplied by the manufacturer of the coating, solvent, or

22 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionother chemical product.14. Maximum charge rate—For continuous and intermittent HMIWI, one hundred ten percent (110%) of the lowest three (3)- hour average charge rate measured during the most recent performance test demonstratingcompliance with all applicable emission limits; for batch HMIWI, one hundred ten percent (110%) of the lowest daily charge ratemeasured during the most recent performance test demonstrating compliance with all applicable emission limits. 15. Maximum design heat input—The ability of a unit to combust a stated maximum amount of fuel per hour on a steady state basis, as determined by the physical design and physical characteristics of the unit.16. Maximum fabric filter inlet temperature—One hundred ten percent (110%) of the lowest three (3)-hour average temperatureat the inlet to the fabric filter (taken, at a minimum, once every minute) measured duringthe most recent performance test demonstrating compliance with the dioxin/furan emission limit. 17. Maximum flue gas temperature—One hundred ten percent (110%) of the lowest three (3)-hour average temperature at theoutlet from the wet scrubber (taken, at a minimum, once every minute) measured duringthe most recent performance test demonstrating compliance with the mercury (Hg) emission limit. 18. Maximum potential hourly heatinput—An hourly heat input used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use Appendix D of 40 CFR 75 to report heat input, this value should be calculated inaccordance with 40 CFR 75, using the maximum fuel flow rate and the maximum gross

calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value should be reported in accordance with 40 CFR 75, using the maximum potential

flow rate and either the maximum carbon dioxide concentration (in percent CO 2) or the
minimum oxygen concentration (in percent

O2).
19. Maximum potential NO

x emission

rate—The NO

x emission rate of nitrogen

oxides (in lb/mmBtu) calculated in accordance with section 3 of Appendix F of 40CFR 75, using the maximum potential nitrogen oxides concentration as defined in section 2 of Appendix A of 40 CFR 75, and eitherthe maximum oxygen concentration (in percent O2) or the minimum carbon dioxide concentration (in percent CO 2), under all operating conditions of the unit except for unit start-up, shutdown, and upsets. 20. Maximum rated hourly heat input— A unit-specific maximum hourly heat input(mmBtu) which is the higher of the manufacturer’s maximum rated hourly heat input or the highest observed hourly heat input.

21. Mechanical shoe seal—A metal sheet held vertically against the wall of the storage vessel by springs or weighted levers and is connected by braces to the floating roof. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof. 22. Medical device—An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similararticle, including any component or accessory that meets one (1) of the following conditions: A. It is intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of disease;

B. It is intended to affect the structure or any function of the body; or

C. It is defined in the National Formulary or the United States Pharmacopoeia

, or any supplement to them. 23. Medical/infectious waste—Any waste generated in the diagnosis, treatment, or immunization of human beings or animals,in research pertaining thereto, or in the production or testing of biologicals as exemptedin the applicable rule. The definition of medical/infectious waste does not include hazardous waste identified or listed under the regulations in 40 CFR 261; household waste, as defined in 40 CFR 261.4(b)(1); ash from incineration of medical/infectious waste,once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage materials identified in 40 CFR 261.4(a)(1).

A. Cultures and stocks of infectious agents and associated biologicals, includingcultures from medical and pathological laboratories; cultures and stocks of infectiousagents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines;

and culture dishes and devices used to transfer, inoculate, and mix cultures.B. Human pathological waste, including tissues, organs, and body parts and body fluids that are removed during surgery or autopsy, or other medical procedures, andspecimens of body fluids and their containers. C. Human blood and blood products including: (I) Liquid waste human blood; (II) Products of blood; (III) Items saturated and/or dripping with human blood; and (IV) Items that were saturated and/or dripping with human blood that are now caked with dried human blood including serum, plasma, and other blood components, and their containers, which were used or intended for use in either patient care, testing and laboratory analysis, or the development of pharmaceuticals. Intravenous bags are also included in this category.D. Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles with attached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips.E. Animal waste including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research in veterinary hospitals),production of biologicals, or testing of pharmaceuticals.F. Isolation wastes including biological waste and discarded materials contaminated with blood, excretions, exudates, or

secretions from humans who are isolated toprotect others from certain highly-communicable diseases, or isolated animals known tobe infected with highly-communicable diseases. G. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel

blades.

24. Medium HMIWI—An HMIWIwhose maximum design waste burning capacity is more than two hundred pounds (200 lbs) per hour but less than or equal to fivehundred pounds (500 lbs) per hour, or a continuous or intermittent HMIWI whose maximum charge rate is more than two hundred pounds (200 lbs) per hour but less than or equal to five hundred pounds (500 lbs) per hour, or a batch HMIWI whose maximum charge rate is more than one thousand six hundred pounds (1,600 lbs) per day, but less than or equal to four thousand pounds (4,000 lbs) per day. The following are not medium

HMIWI: a continuous or intermittent HMIWI whose maximum charge rate is less than or equal to two hundred pounds (200 lbs) per hour or more than five hundred pounds (500lbs) per hour; or a batch HMIWI whose maximum charge rate is more than four thousand

CODE OF STATE REGULATIONS 23 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6pounds (4,000 lbs) per day or less than or equal to one thousand six hundred pounds (1,600 lbs) per day. 25. Metal to urethane/rubber molding or casting adhesive—An adhesive intended bythe manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials to fabricate products such as rollers for computer printers or other paper handling equipment. 26. Metallic coating—A coating which contains more than five (5) grams of metal particles per liter of coating as applied. Metal particles are pieces of a pure elemental metal

or a combination of elemental metals. 27. Metropolitan planning organization (MPO)—The policy board of an organization created as a result of the designation process in 23 U.S.C. 134(d) and in 49 U.S.C. 5303. It is the forum for cooperative transportationdecision-making and is responsible for conducting the planning required under section

174 of the CAA. 28. Mid-kiln firing—Secondary firing inkiln systems by injecting fuel at an intermediate point in the kiln system using a specially-designed fuel injection mechanism for the purpose of decreasing NO

x emissions
through— A. The burning of part of the fuel at a lower temperature; andB. The creation of reducing conditions at the point of initial combustion. 29. Milestone—The meaning given in sections 182(g)(1) and 189(c)(1) of the CAA.

It consists of an emissions level and the date on which it is required to be achieved. 30. Military specification coating—A coating which has a formulation approved by a United States Military Agency for use on military equipment.

31. Minimum dioxin/furan sorbent flow rate—Ninety percent (90%) of the highest three (3)-hour average dioxin/furan sorbent flow rate (taken, at a minimum, once everyhour) measured during the most recent performance test demonstrating compliance with

the dioxin/furan emission limit. 32. Minimum mercury (Hg) sorbentflow rate—Ninety percent (90%) of the highest three (3)-hour average Hg sorbent flow rate (taken, at a minimum, once every hour)measured during the most recent performance test demonstrating compliance with the Hg emission limit.33. Minimum horsepower or amperage—Ninety percent (90%) of the highestthree (3)-hour average horsepower or amperage to the wet scrubber (taken, at a minimum, once every minute) measured duringthe most recent performance test demonstrating compliance with the applicable emission limit. 34. Minimum hydrogen chloride (HCl) sorbent flow rate—Ninety percent (90%) ofthe highest three (3)-hour average HCl sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance

with the HCl emission limit. 35. Minimum pressure drop across the wet scrubber—Ninety percent (90%) of the highest three (3)-hour average pressure drop across the wet scrubber particulate matter (PM) control device (taken, at a minimum, once every minute) measured during the mostrecent performance test demonstrating compliance with the PM emission limit. 36. Minimum reagent flow rate—Ninety percent (90%) of the highest three (3)-hour average reagent flow rate at the inlet to the selective noncatalytic reduction technology (taken, at a minimum, once every minute)measured during the most recent performance test demonstrating compliance with

the NO

x emissions limit.
37. Minimum scrubber liquor flow rate—Ninety percent (90%) of the highest three (3)-hour average liquor flow rate at theinlet to the wet scrubber (taken, at a minimum, once every minute) measured duringthe most recent performance test demonstrating compliance with all applicable emission

limits. 38. Minimum scrubber liquor pH— Ninety percent (90%) of the highest three (3)- hour average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once everyminute) measured during the most recent performance test demonstrating compliance with

all HCl emission limits.39. Minimum secondary chamber temperature—Ninety percent (90%) of the highest three (3)-hour average secondary chamber temperature (taken, at a minimum, once every minute) measured during the mostrecent performance test demonstrating compliance with the PM, carbon monoxide (CO), dioxin/furan, and NO

x emission limits.

40. Minor violation—A violation whichpossesses a small potential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor. 41. Missouri Decentralized Analyzer System (MDAS)—The emissions inspectionequipment that is sold by the state’s contractor to licensed emissions inspection stations. The department may approve alternative equipment if the equipment described in thisparagraph is no longer available. At a minimum, the vehicle emissions inspection equipment shall consist of the following contractor equipment package: A. At least a seventeen-inch (17") Liquid Crystal Display (LCD) monitor; B. Universal serial bus (USB) lane

camera; C. At least a four (4.0) megapixel digital camera and dock; D. Fingerprint scanner; E. Two hundred fifty-six (256)- megabyte USB flash drive; F. Keyboard with plastic keyboard cover and optical mouse; G. Printer with ink or toner cartridges and blank paper; H. 2D barcode reader; I. Windshield sticker printer with

blank windshield stickers and thermal cartridge;

J. OBD vehicle interface cable with a standard Society of Automotive Engineers J1962/J1978 OBD connector; K. OBD verification tool; L. Low-speed or high-speed Internet connection capabilities;M. Surge protector and uninterruptible power supply (UPS); N. At least a three gigahertz (3.0 GHz) personal computer (DellTM Pentium® 4 or equivalent), with Windows Vista® and one (1) gigabyte of Random Access Memory (RAM); and

O. Metal cabinet to hold all of the components described in this paragraph. 42. Missouri Department of Revenue (MDOR)—The state agency responsible forthe oversight of vehicle registration at contract offices and via the Internet. This agency is also responsible for the registration denial

method of enforcement for the vehicle emissions inspection and maintenance program.43. Missouri Emissions Inventory System (MoEIS)—Online interface of the state of Missouri’s air emissions inventory database. 44. Missouri State Highway Patrol (MSHP)—The state agency responsible for the oversight of the vehicle safety inspectionprogram and joint oversight with the department of the vehicle emissions inspection and maintenance program. 45. Mitigation measure—any method ofreducing emissions of the pollutant or its precursor taken at the location of the federal action and used to reduce the impact of the emissions of that pollutant caused by the

action. 46. Mobile equipment—Any equipment that is physically capable of being driven or drawn on a roadway including, but not limited to, the following types of equipment:

A. Construction vehicles such as mobile cranes, bulldozers, concrete mixers,

etc.;

24 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionB. Farming equipment such as a wheel tractor, plow, pesticide sprayer, etc.; C. Hauling equipment such as truck trailers, utility bodies, etc.; and D. Miscellaneous equipment such as street cleaners, golf carts, etc. 47. Model year—The manufacturer’sannual production period which includes January 1 of such calendar year. If the manufacturer has no annual production period, model year shall refer to the calendar year. 48. Modeling domain—A geographic area covered by an air quality model. 49. Modification—Any physical change, or change in method of operation of, a source operation or attendant air pollution control equipment which would cause an increase inpotential emissions of any air pollutant emitted by the source operation. For the purpose

of 10 CSR 10-5.490 and 10 CSR 10-6.310only, modification is an increase in the permitted volume design capacity of the landfill by either horizontal or vertical expansion based on its most recent permitted design capacity; modification does not occur untilthe owner or operator commences construction on the horizontal or vertical expansion. 50. Modification, Title I—See Title I

modification. 51. Modified HMIWI—Any change to

an HMIWI unit after the effective date of

these standards such that the cumulative costs of the modifications, over the life of the unit, exceed fifty percent (50%) of the original

cost of the construction and installation of theunit (not including the cost of any land purchased in connection with such construction or installation) updated to current costs, or the change involves a physical change in or change in the method of operation of the unitwhich increases the amount of any air pollutant emitted by the unit for which standards

have been established under section 129 or

section 111 of the CAA. 52. Mold release—A coating applied to a mold surface to prevent the mold piece from sticking to the mold as it is removed, or to an aerospace component for purposes of creating a form-in-place seal.53. Mold seal coating—The initial coating applied to a new mold or a repaired mold to provide a smooth surface which, when coated with a mold-release coating, prevents products from sticking to the mold.54. Monitoring system—Any monitoring system that meets the requirements asdescribed in a specific rule, including a continuous emissions monitoring system, an excepted monitoring system, or an alternative monitoring system.55. Monthly throughput—The total volume of gasoline that is loaded into all gasoline storage tanks during a month, as calculated on a rolling thirty (30)-day average.

56. MOPETP—The Missouri Performance Evaluation Test Procedures, a set of standards and test procedures for evaluatingperformance of Stage I/II vapor recovery control equipment and systems to be installed or

that have been installed in Missouri. 57. Motor tricycle—A motor vehicle operated on three (3) wheels, including a motorcycle with any conveyance, temporary or otherwise, requiring the use of a third

wheel. 58. Motor vehicle—Any self-propelled

vehicle.

59. Motor vehicle adhesive—An adhesive, including glass bonding adhesive, used

at an installation that is not an automobile or light duty truck assembly coating installation, applied for the purpose of bonding two (2) motor vehicle surfaces together without regard to the substrates involved.

60. Motor vehicle bedliner—A multicomponent coating, used at an installation that is not an automobile or light duty truck assembly coating installation, applied to a cargo bed after the application of topcoat toprovide additional durability and chip resistance.61. Motor vehicle cavity wax—A coating, used at an installation that is not an automobile or light duty truck assembly coating installation, applied into the cavities of the motor vehicle primarily for the purpose of enhancing corrosion protection. 62. Motor vehicle deadener—A coating,

used at an installation that is not an automobile or light duty truck assembly coating installation, applied to selected motor vehiclesurfaces primarily for the purpose of reducing the sound of road noise in the passenger
compartment. 63. Motor vehicle gasket/gasket-sealing material—A fluid, used at an installation that is not an automobile or light duty truck assembly coating installation, applied to coat a gasket or replace and perform the same function as a gasket. Automobile and light duty truck gasket/gasket-sealing material includes room temperature vulcanization (RTV) seal material. 64. Motor vehicle glass-bonding primer—A primer, used at an installation that is not an automobile or light duty truck assembly coating installation, applied towindshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass-bonding adhesives or the installation of adhesive-bonded glass. Motor vehicle glass bonding primer includes glass bonding/cleaning primers that perform both functions (cleaning and priming of the windshield or other glass or body openings) prior to the application of adhesive or the installation of adhesive-bonded glass.65. Motor vehicle lubricating wax/compound—A protective lubricating material,

used at an installation that is not an automobile or light duty truck assembly coating installation, applied to motor vehicle hubs and hinges.66. Motor vehicle sealer—A high viscosity material, used at an installation that isnot an automobile or light duty truck assembly coating installation, generally, but not always, applied in the paint shop after the body has received an electrodeposition primer coating and before the application of subsequent coatings (e.g., primer-surfacer). Such materials are also referred to as sealant, sealant primer, or caulk.

67. Motor vehicle trunk interior coating—A coating, used at an installation that isnot an automobile or light duty truck assembly coating installation, applied to the trunk interior to provide chip protection. 68. Motor vehicle underbody coating— A coating, used at an installation that is not an automobile or light duty truck assemblycoating installation, applied to the undercarriage or firewall to prevent corrosion and/or provide chip protection.69. Motor vehicle weatherstrip adhesive—An adhesive, used at an installation that is not an automobile or light duty truck assembly coating installation, applied to weatherstripping materials for the purpose ofbonding the weatherstrip material to the surface of the motor vehicle.70. Motorcycle—A motor vehicle operated on two (2) wheels. 71. Multi-colored coating—A coating which exhibits more than one (1) color when applied and which is packaged in a single container and applied in a single coat.72. Multi-component coating—A coating requiring the addition of a separate reactive resin, commonly known as a catalyst or hardener, before application to form an acceptable dry film. 73. Multi-day violation—A violation

which has occurred on or continued for two (2) or more consecutive or nonconsecutive days. 74. Multiple-violation penalty—The sum of individual administrative penalties assessed when two (2) or more violations areincluded in the same complaint or enforcement action.75. Multipurpose construction adhesive—An adhesive intended by the manufacturer for use in the installation or repair of various construction materials, including but not limited to drywall, subfloor, panel, fiberglass

CODE OF STATE REGULATIONS 25 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6reinforced plastic (FRP), ceiling tile, and

acoustical tile. 76. Municipal solid waste landfill or MSW landfill—An entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes per 40 CFR257.2, such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned. An MSW landfill may be a new MSW landfill,an existing MSW landfill, or a lateral expansion. 77. Municipal solid waste landfill emissions or MSW landfill emissions—Gas generated by the decomposition of organic waste deposited in an MSW landfill or derived from the evolution of organic compounds in the

waste.

(N) All terms beginning with “N.”

1. Nameplate capacity—The maximum electrical generating output (expressed as megawatt) that a generator can sustain over a specified period of time when not restricted by seasonal or other deratings, as listed in the National Allowance Data Base (NADB)under the data field “NAMECAP” if the generator is listed in the NADB or as measuredin accordance with the United States Department of Energy standards. For generators not listed in the NADB, the nameplate capacity

shall be used.2. National Ambient Air Quality Standards (NAAQS)—Those standards established pursuant to section 109 of the Act and defined by 40 CFR 50 ambient air quality

standards. It includes standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone, particulate matter (PM 10 and

PM2.5), and sulfur dioxide (SO 2).
3. Natural finish hardwood plywood panel—A panel whose original grain patternis enhanced by essentially transparent finishes frequently supplemented by fillers and toners. 4. NEPA—The National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.).5. Nearby—Nearby, as used in the definition GEP stack height in subparagraph(2)(G)15.B. of this rule, is defined for a specific structure or terrain feature—A. For purposes of applying the formula provided in subparagraph (2)(G)15.B. of this rule, nearby means that distance up to five (5) times the lesser of the height or the width dimension of a structure, but not greater than one-half (1/2) mile; and B. For conducting fluid modeling orfield study demonstrations under subparagraph (2)(G)15.C. of this rule, nearby means not greater than one-half (1/2) mile, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to ten (10) times the maximum height of the feature, not to exceed two (2) miles if feature achieves a height one-half (1/2) mile from the stack that is at least fortypercent (40%) of the GEP stack height determined by the formula provided in subparagraph (2)(G)15.B. of this rule, or twenty-sixmeters (26 m), whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure

or terrain feature is measured from the ground-level elevation at the base of the

stack.

6. Net emissions increase—This term is defined in 40 CFR 52.21(b)(3), promulgated as of July 1, 2003, and hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent

amendments or additions. 7. New—As defined for the purposes of 10 CSR 10-6.405, any source which is not an existing source, as defined in paragraph (2)(E)47. of this rule.8. New Source Review (NSR)—The permitting requirements found in state rule 10

CSR 10-6.060 Construction Permits Required.9. NMOC—Nonmethane organic compounds. Precursors to oxidant formation.They allow ozone to accumulate in the atmosphere. 10. Nonaqueous solvent—Any solvent not classifiable as an aqueous solvent asdefined by a solvent in which water is the primary ingredient (greater than eighty percent (80%) by weight or greater than sixty percent (60%) by volume of solvent solution as applied must be water). Aqueous solutionsmust have a flash point greater than ninetythree degrees Celsius (93 °C) (two hundred degrees Fahrenheit (200 °F)) (as reported by the manufacturer) and the solution must be

miscible with water. 11. Nonattainment area (NAA)—Any geographic area of the United States which has been designated as nonattainment under

section 107 of the CAA and described in 40

CFR 81. 12. Nonattainment pollutant—Each and every pollutant for which the location of thesource is in an area designated to be in nonattainment of a National Ambient Air Quality Standard (NAAQS) under section 107(d)(1)(A)(i) of the Act. Any constituent or precursor of a nonattainment pollutant shall be a nonattainment pollutant, provided that the constituent or precursor pollutant may only be regulated as part of regulation of the corresponding NAAQS pollutant. Bothvolatile organic compounds (VOC) and nitrogen oxides (NO

x) shall be nonattainment pollutants for a source located in an area designated nonattainment for ozone. 13. Nondegradable waste—Any waste that does not decompose through chemical breakdown or microbiological activity.Examples are, but are not limited to, concrete, municipal waste combustor ash, and

metals.14. Nonpermanent final finish—A material such as a wax, polish, nonoxidizing oil,or similar substance that must be periodically reapplied to a surface over its lifetime to maintain or restore the reapplied material’s

intended effect.15. Non-Title V permit—A federallyenforceable permit administered by the director pursuant to the CAA and regulatory authority under the CAA, other than Title V

of the CAA and 40 CFR 70 or 40 CFR 71. 16. Normal maintenance—Repair orreplacement of vapor recovery control equipment and/or gasoline dispensing components/dispensers that does not require breaking of concrete (by any method) and does not require removal of dispenser(s) from island(s).17. Normal source operation—The average actual activity rate of a source necessary for determining the actual emissions rate for the two (2) years prior to the date necessary for determining actual emissions, unless some other time period is more representative of the operation of the source or otherwise approved by the staff director.18. Normally-closed container—A storage container that is closed unless an operator is actively engaged in activities such as emptying or filling the container.

19. NO

x allowance—An authorization
by the department or the administrator under

a NO

x trading program to emit one (1) ton of

NO

x during the control period of the specified year or of any year thereafter.

20. NO

x allowance deduction or deduct

NO

x allowances—The permanent withdrawal

of NO

x allowances by the administrator from

a NO

x allowance tracking system compliance

account or overdraft account to account for
the number of tons of emissions from a NO

x budget unit for a control period, determined in accordance with a rule, or for any other

NO

x allowance surrender obligation required.

26 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission21. NO

x allowance tracking system— The system by which the director or the administrator records allocations, deductions,

and transfers of NO

x allowances under a NO

x trading program.

22. NO

x allowance tracking system

account—An account in the NO

x allowance tracking system established by the director or administrator for purposes of recording theallocation, holding, transferring, or deducting of NO

x allowances.

23. NO

x allowance transfer deadline— For the purpose of 10 CSR 10-6.350 only, close of business on December 31 following the control period or, if December 31 is not a business day, close of business on the first business day thereafter and is the deadline by

which NO

x allowances may be submitted for recording in an affected unit’s compliance account, or the overdraft account of the
installation where the unit is located. For the purpose of 10 CSR 10-6.360 only, midnight of November 30 or, if November 30 is not a business day, midnight of the first business day thereafter and is the deadline by which

NO

x allowances may be submitted for recordation in a NO

x budget unit’s compliance account, or the overdraft account of the source where the unit is located, in order to

meet the unit’s NO

x budget emissions limitation for the control period immediately preceding such deadline.

24. NO

x allowances held—The NO

xallowances recorded by the director or administrator, or submitted to the director or administrator for recordation, in accordance with a rule, in a NO

x allowance tracking system account.
25. NO

x authorized account representative—The natural person who is authorized by the owners or operators of the source and

all NO

x budget units at the source, in accordance with all applicable rules, to represent and legally bind each owner and operator in matters pertaining to a NO

x trading program or, for a general account, the natural person
who is authorized to transfer or otherwise dispose of NO

x allowances held in the general account in accordance with the applicable

rules.

26. NO

x budget emissions limitation—

For a NO

x budget unit, the tonnage equivalent of the NO

x allowances available for compliance deduction for the unit and for a control period adjusted by any deductions of

such NO

x allowances to account for actual utilization for the control period or to accountfor excess emissions for a prior control period or to account for withdrawal from the NO

x budget program or for a change in regulatory

status for an affected unit.

27. NO

x budget permit—The legallybinding and federally-enforceable written document, or portion of such document, issued by the director, including any permit revisions, specifying the NO

x budget trading program requirements applicable to a NO

x budget source, to each NO

x budget unit at the

NO

x budget source, and to the owners and operators and the NO

x authorized account representative of the NO

x budget source and

each NO

x budget unit.

28. NO

x budget source—A source that includes one (1) or more NO

x budget units.

29. NO

x budget trading program—Amulti-state nitrogen oxides air pollution control and emission reduction program pursuant to 40 CFR 51.121, as a means of mitigating the interstate transport of ozone and nitrogen oxides, an ozone precursor.

30. NO

x budget unit—A unit that is subject to the NO

x budget trading program emissions limitation under section (1) or paragraph (3)(H)1. of 10 CSR 10-6.360.

31. NO

x emission rate—The amount of

NO

x emitted by a combustion unit in pounds per million British thermal units of heat input as recorded by approved monitoring devices.

32. NO

x emissions limitation—For an affected unit, the tonnage equivalent of the

NO

x emissions rate available for compliancededuction for the unit and for a control period adjusted by any deductions of such NO

x allowances to account for actual utilization for the control period or to account for excess emissions for a prior control period or to

account for withdrawal from a NO

x trading program or for a change in regulatory status

for an affected unit.

33. NO

x opt-in unit—An EGU whose owner or operator has requested to become

an affected unit under a NO

x trading program and has been approved by the department.

34. NO

x unit—Any fossil-fuel-fired stationary boiler, combustion turbine, internalcombustion engine, or combined cycle system.

(O) All terms beginning with “O.”

1. Offset—A decrease in actual emissions from a source operation or installation that is greater than the amount of emissionsanticipated from a modification or construction of a source operation or installation. The decrease must be of the same pollutant and have substantially-similar environmental and health effects on the impacted area. Any ratio of decrease to increase greater than one to one (1:1) constitutes offset. The exception to

this are ozone nonattainment areas where

VOC and NO

x emissions will require an offset ratio of actual emission reduction to newemissions according to the following schedule: marginal area = 1.1:1; moderate area = 1.15:1; serious area = 1.2:1; severe area = 1.3:1; and extreme area = 1.5:1.2. Offset printing—A lithographic printing process that transfers the ink film fromthe lithographic plate to an intermediary surface (rubber-covered blanket cylinder), which, in turn, transfers the ink film to the

substrate.3. Offtake—Any set of piping (for example, standpipes, goosenecks) that interconnects a coke oven with a collecting main which is common to all systems. The offtake system extends from the connection on top of

the coke oven to the connection on the collecting main. 4. On-Board Diagnostics (OBD)—A vehicle emissions early-warning system required by federal law to be installed on alllight duty 1996 and newer model year vehicles for sale in the United States. The OBDsystem monitors sensors and emissions-control related components on a vehicle to ensure that the emissions control system operates properly throughout a vehicle’s lifetime. If one (1) or more components of the emissions control system malfunctions or deteriorates,the OBD system will illuminate the Malfunction Indicator Lamp (MIL) and store one (1) or more Diagnostic Trouble Codes (DTCs). 5. On-Board Diagnostics (OBD) test—Atest in which a vehicle’s OBD system is connected to a handheld tool or computer that an inspector uses to determine and/or collect

and record— A. The status of the OBD system’s MIL when the vehicle engine is off and when the vehicle engine is running;

B. Data link connector access and functionality and OBD communication; C. Vehicle signature information, including, but not limited to, the electronic vehicle identification number (VIN) and other unique parameter identifiers;D. The status of all of the OBD system’s readiness monitors; E. The OBD system’s MIL command status; and F. Any DTCs, including those that are commanding the MIL to be illuminated. 6. Onboard refueling vapor recovery (ORVR)—A system on motor vehicles designed to recover hydrocarbon vapors that escape during refueling. 7. Onboard refueling vapor recovery(ORVR) compatible—A Stage II vapor recovery system certified by CARB or other acceptable independent third-party evaluator, using test methods approved by the director, as ORVR compatible which maintains a requiredminimum overall system efficiency of ninetyfive percent (95%), as certified under thirdparty evaluation, while dispensing fuel without difficulty to both ORVR- equipped and

CODE OF STATE REGULATIONS 27 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6non-ORVR-equipped vehicles. 8. One-component coating—A coating that is ready for application as it comes out of its container to form an acceptable dry film. A thinner, necessary to reduce the viscosity, is not considered a component.9. Opacity—The extent to which airborne material obstructs the transmission ofincident light and obscures the visual background. Opacity is stated as a percentage of light obstructed and can be measured by a continuous opacity monitoring system or a trained observer. An opacity of one hundred percent (100%) represents a condition inwhich no light is transmitted, and the background is completely obscured. 10. Open burning—The burning of any materials where air contaminants resulting from combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. For purposes of this definition, a chamber shall be regarded as enclosed, when, during thetime combustion takes place, only those apertures, ducts, stacks, flues, or chimneys, as are necessary to provide combustion air and to permit the escape of exhaust gases, are open. 11. Open-top vapor degreaser—A type of degreaser which consists of a tank where solvent is heated to its boiling point which creates a zone of solvent vapor contained by a set of cooling coils. Condensation of the hot solvent vapor cleans or degreases the colder metal parts. 12. Operating—With regard to a unit under part (3)(C)3.D.(II) and paragraph(3)(H)1. of 10 CSR 10-6.360, having documented heat input for more than eight hundred seventy-six (876) hours in the six (6)months immediately preceding the submission of an application for an initial NO

x budget permit under subparagraph (3)(H)4.A. of

10 CSR 10-6.360. 13. Operating day—A twenty four (24)- hour period between 12:00 midnight and the following midnight during which any amount of hospital waste or medical/infectious waste is combusted at any time in the HMIWI.14. Operating parameter value—A minimum or maximum value established for a control device or process parameter that, if achieved by itself or in combination with one (1) or more other operating parameter values, determines that an owner or operator has complied with an applicable emission limit. 15. Operation—The period during

which waste is combusted in the incinerator excluding periods of startup or shutdown.16. Operator—Any person who operates, controls, or supervises a NO

x budget unit, a NO

x budget source, or an affected unit

under a NO

x trading program, and shall include, but not be limited to, any holding company, utility system, or plant manager of

such a unit or source. 17. Opt-in—To voluntarily become an

affected unit under a NO

x trading program. 18. Optical coating—A coating applied to an optical lens. 19. Optical device—An optical element used in an electro-optical device and designed to sense, detect, or transmit light energy, including specific wavelengths of light energy and changes in light energy levels.20. Organic solvent—A liquid containing volatile organic compounds that is used for dissolving or dispersing constituents in a coating, adjusting the viscosity of a coating,cleaning, or washoff. When used in a coating, the organic solvent evaporates during drying and does not become a part of the

dried film. 21. Output—The shaft work output from any engine plus the energy reclaimed by any useful heat recovery system. 22. Outstate area—Any area throughout the state except the City of St. Louis and St. Charles, St. Louis, Jefferson, Franklin, Clay, Cass, Buchanan, Ray, Jackson, Platte, and

Greene counties. 23. Outdoor floor covering installationadhesive—Any adhesive intended by the manufacturer for use in the installation of floor covering that is not in an enclosure and that is exposed to ambient weather conditions during normal use.24. Overall control efficiency—The efficiency of a control system, calculated as theproduct of the capture and control device efficiencies, expressed as a percentage.

25. Overdraft account—The NO

xallowance tracking system account established by the director or administrator for

each NO

x budget source where there are two (2) or more NO

x budget units or for each

NO

x authorized account representative. 26. Owner or operator—Any person who owns, leases, operates, controls, or supervises an air contaminant source. For the purpose of 10 CSR 10-6.360 only, owner is any of the following persons: A. Any holder of any portion of the legal or equitable title in a NO

x budget unit; B. Any holder of a leasehold interest

in a NO

x budget unit; C. Any purchaser of power from a

NO

x budget unit under a life-of-the-unit, firm power contractual arrangement. However, unless expressly provided for in a leasehold agreement, owner shall not include a passive lessor, or a person who has an equitable interest through such lessor, whose rental payments are not based, either directly or indirectly, upon the revenues or income from

the NO

x budget unit; or D. With respect to any general account, any person who has an ownership interest with respect to the NO

x allowancesheld in the general account and who is subject to the binding agreement for the NO

x authorized account representative to represent that person’s ownership interest with respect

to NO

x allowances. 27. Ozone season—From May 1 through September 30 of each year.

(P) All terms beginning with “P.”

1. Pail—Any nominal cylindrical container of one to twelve (1–12)-gallon capacity. 2. Paint—A pigmented surface coating using VOCs as the major solvent and thinner which converts to a relatively opaque solid film after application as a thin layer. 3. Pan-backing coating—A coating applied to the surfaces of pots, pans, or other cooking implements that are exposed directly to a flame or other heating elements. 4. Paper, film, and foil coating—A web coating process that applies a continuous layer of coating material across essentially the entire width or any portion of the width of

a web substrate to— A. Provide a covering, finish, or functional or protective layer to a substrate; B. Saturate a substrate for lamination;

or C. Provide adhesion between two (2)

substrates for lamination.

5. Part 70—U.S. Environmental Protection Agency regulations, codified at 40 CFR70, setting forth requirements for state operating permit programs pursuant to Title V of

the Act.

6. Part 70 installations—Installations towhich the part 70 operating permit requirements of rule 10 CSR 10-6.065 apply, in accordance with the following criteria: A. They emit or have the potential to emit, in the aggregate, ten (10) tons per year (tpy) or more of any hazardous air pollutant, other than radionuclides, or twenty-five (25) tpy or more of any combination of thesehazardous air pollutants or such lesser quantity as the administrator may establish byrule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similarunits, whether or not these units are in a contiguous area or under common control, to

determine whether these units or stations aresubject installations. For sources of radionuclides, the criteria shall be established by the

28 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionadministrator; B. They emit or have the potential to emit one hundred (100) tpy or more of any air pollutant, including all fugitive air pollutants. The fugitive emissions of an installation shall

not be considered unless the installation belongs to one (1) of the source categories listed in 10 CSR 10-6.020(3)(B), Table 2; C. They are located in nonattainment areas or ozone transport regions— (I) For ozone nonattainment areas,sources with the potential to emit one hundred (100) tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as “marginal” or “moderate,” fifty(50) tpy or more in areas classified as “serious,” twenty-five (25) tpy or more in areas classified as “severe,” and ten (10) tpy or more in areas classified as “extreme”; except that the references in this paragraph to one hundred (100), fifty (50), twenty-five (25), and ten (10) tpy of nitrogen oxides shall not apply with respect to any source for which the administrator has made a finding, under section 182(f)(1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply; (II) For ozone transport regions established pursuant to section 184 of the Act, sources with the potential to emit fifty(50) tpy or more of volatile organic compounds; (III) For carbon monoxide nonattainment areas that are classified as “serious,” and in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator, sources with the potential toemit fifty (50) tpy or more of carbon monoxide; and (IV) For particulate matter less than ten (10) micrometers (PM 10) nonattainment areas classified as “serious,” sources with the potential to emit seventy (70) tpy or

more of PM 10 ; D. They are affected sources under Title IV of the 1990 Act; E. They are solid waste incinerators subject to section 129(e) of the Act;F. Any installation in a source category designated by the administrator as a part 70 source pursuant to 40 CFR 70.3; and G. Installations that would be part 70 sources strictly due to the following criteria are not subject to part 70 source requirementsuntil the administrator subjects this installation to these requirements by rule: (I) They are subject to a standard,limitation, or other requirement under section 111 of the Act, including area sources; or (II) They are subject to a standard or other requirement under section 112 of the Act, except that a source, including an area source, is not required to obtain a permit solely because it is subject to rules or requirements under section 112(r) of the Act. 7. Particulate matter—Any material, except uncombined water, that exists in a finely-divided form as a liquid or solid and as specifically defined as follows:A. For purposes of ambient air concentrations—(I) PM—Any airborne, finelydivided solid or liquid material with an aerodynamic diameter smaller than one hundred(100) micrometers as measured in the ambient air as specified in 10 CSR 10- 6.040(4)(B); (II) PM 10—Particulate matter with an aerodynamic diameter less than or equalto a nominal ten (10) micrometers as measured in the ambient air as specified in 10 CSR 10-6.040(4)(J); and (III) PM 2.5 —Particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5)micrometers including the filterable component as measured in the ambient air as specified in 10 CSR 10-6.040(4)(L); B. For the purpose of 10 CSR 10- 6.200 only, particulate matter, or PM, is the total particulate matter emitted from an HMIWI as measured by EPA Reference Method 5 of 40 CFR 60, Appendix A–3 or EPA Reference Method 29 of 40 CFR 60, Appendix A–8; and C. For all other purposes—

(I) Condensable particulate matter (PM)—Material that is vapor phase at stack conditions, but condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid PM immediately afterdischarge from the stack. Note that all condensable PM is assumed to be in the PM 2.5 size fraction; (II) Filterable PM—Particles that are emitted directly by a source as a solid orliquid at stack or release conditions and captured on the filter of a stack test train; (III) Primary PM (Also known asdirect PM)—Particles that enter the atmosphere as a direct emission from a stack or anopen source. Primary PM has two (2) components: filterable PM and condensable PM. These two (2) PM components have no upper particle size limit; (IV) Primary PM2.5 (Also known
as direct PM2.5 , total PM2.5 , PM2.5 , or combined filterable PM 2.5 and condensable PM)—PM with an aerodynamic diameter less than or equal to two and five-tenths (2.5)micrometers. These solid particles are emitted directly from an air emissions source oractivity, or are the gaseous or vaporous emissions from an air emission source or activity
that condense to form PM at ambient temperatures. Direct PM 2.5 emissions include elemental carbon, directly emitted organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic particles (including but not limited to crustal material, metals, and sea salt); and (V) Primary PM 10 (Also known as
direct PM 10 , total PM 10 , PM 10 , or the combination of filterable PM 10 and condensable PM)—PM with an aerodynamic diameter equal to or less than ten (10) micrometers. 8. Passenger tire equivalent (PTE)—The weight of waste tires or parts of waste tires equivalent to the average weight of one (1) passenger tire. The average weight of one (1) passenger tire is equal to twenty (20) pounds.9. Passenger vehicle—Every motor vehicle, except motorcycles, motor-driven cycles, and ambulances, designed for carrying ten(10) passengers or less and used for the transportation of persons. 10. Passive collection system—A gas collection system that solely uses positive pressure within the landfill to move the gas rather than using gas mover equipment. 11. Pathological waste—Waste material consisting of only human or animal remains,anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable).
12. Peak load—The maximum instantaneous operating load.13. Peaking combustion unit—A combustion turbine normally reserved for operation during the hours of highest daily, weekly, or seasonal loads. 14. Perimeter bonded sheet flooring
installation—The installation of sheet flooringwith vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip of up to four inches (4") wide around the perimeter of the sheet flooring.15. Permanent shutdown—The permanent cessation of operation of any air pollution control equipment or process equipment, not to be placed back into service or have a
start-up. 16. Permitted capacity factor—Theannual permitted fuel use divided by the manufacturers’ specified maximum fuel consumption times eight thousand seven hundred sixty (8,760) hours per year. 17. Permitting authority—Either the administrator or the state air pollution controlagency, local agency, or other agency authorized by the administrator to carry out a permit program as intended by the Act.18. Person—Any individual, partnership, copartnership, association, firm, company, public or private corporation including

CODE OF STATE REGULATIONS 29 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6the parent company of a wholly-owned subsidiary, joint stock company, municipality,political subdivision, agency, board, department or bureau of the state or federal government, trust, estate, or other legal entity either public or private which is recognized by law as the subject of rights and duties. This shall include any legal successor, employee, or agent of the previous entities.19. Petroleum liquid—Petroleum, condensate, and any finished or intermediateproducts manufactured in a petroleum refinery with the exception of Numbers 2–6 fuel oils as specified in ASTM D (396-69), gas turbine fuel oils Number 2-GT–4-GT, as specified in ASTM D (2880-71), and diesel fuel oils Number 2-D and 4-D, as specified in ASTM D (975-68). 20. Petroleum refinery—Any facility which produces gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation, cracking, extraction, or reforming of unfinished petroleum derivatives. 21. Pharmaceutical—Any compound or preparation included under the StandardIndustrial Classification Codes 2833 (Medicinal Chemicals and Botanical Products) and2834 (Pharmaceutical Preparations), excluding products formulated by fermentation, extraction from vegetable material or animal tissue, or formulation and packaging of the final product. 22. Pilot plants—The installations which are of new type or design which will serve as a trial unit for experimentation or testing. 23. Plant-mix—A mixture produced inan asphalt mixing plant that consists of mineral aggregate uniformly coated with asphalt cement, cutback asphalt, or emulsified asphalt.24. Plastic—A synthetic material chemically formed by the polymerization of organic substances and capable of being molded, extruded, cast into various shapes and films,

or drawn into filaments.

25. Plastic foam—Foam constructed of plastics. 26. Plastic solvent welding adhesive— An adhesive intended by the manufacturer for use to dissolve the surface of plastic to form a bond between mating surfaces. 27. Plastic solvent welding adhesiveprimer—A primer intended by the manufacturer for use to prepare plastic substrates prior to bonding or welding.

28. Pleasure craft—A marine vessel which is manufactured or operated primarily for recreational purposes or leased, rented,or chartered to a person or business for recreational purposes. 29. Pleasure craft coating—A marine coating, except unsaturated polyester resin (fiberglass) coatings, applied by brush, spray, roller, or other means to a pleasure craft. 30. Point source—For the purposes of10 CSR 10-6.110 only, large, stationary (nonmobile), identifiable source of emissions that releases pollutants into the atmosphere. A point source is an installation that is either— A. A major source under 40 CFR part 70 for the pollutants for which reporting is required; orB. A holder of an intermediate operating permit.

31. Pollutant—An air contaminant listed in 10 CSR 10-6.020(3)(A), Table 1 without regard to levels of emission or air quality impact. 32. Polyethylene bag sealing operation—Any operation or facility engaged in the sealing of polyethylene bags, usually by the use of

heat. 33. Polystyrene resin—The product of any styrene polymerization process, usually involving heat. 34. Polyvinyl chloride (PVC) plastic—A polymer of the chlorinated vinyl monomerthat contains fifty-seven percent (57%) chlorine. 35. Polyvinyl chloride welding adhesive—An adhesive intended by the manufacturer for use in the welding of PVC plastic pipe.

36. Porous material—A substance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged,including, but not limited to, paper and corrugated paperboard. For the purposes of 10 CSR 10-5.330, porous material does not

include wood.37. Portable equipment—Any equipment that is designed and maintained to be movable, primarily for use in noncontinuous operations. Portable equipment includes rockcrushers, asphaltic concrete plants, and concrete batching plants. 38. Portable equipment installation—Aninstallation made-up solely of portable equipment, meeting the requirements of or having been permitted according to 10 CSR 10- 6.060(4). 39. Portland cement—A hydrauliccement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one (1) or more of the forms of calcium sulfate as an interground

addition. 40. Portland cement kiln—A system, including any solid, gaseous, or liquid fuel combustion equipment, used to calcine and fuse raw materials, including limestone and clay, to produce Portland cement clinker.41. Positive crankcase ventilation system—Any system or device which prevents the escape of crankcase emissions to the

ambient air.

42. Potential to emit—The emission rates of any pollutant at maximum design capacity. Annual potential shall be based on the maximum annual-rated capacity of the installation assuming continuous year-roundoperation. Federally-enforceable permit conditions on the type of materials combusted orprocessed, operating rates, hours of operation, and the application of air pollution control equipment shall be used in determining the annual potential. Secondary emissions do not count in determining annual potential. 43. Potroom—A building unit which houses a group of electrolytic cells in which aluminum is produced. 44. Potroom group—An uncontrolledpotroom, a potroom which is controlled individually, or a group of potrooms or potroomsegments ducted to a common or similar control system. 45. Precursors of a criteria pollutant

are— A. For ozone, nitrogen oxides (NO

x),
unless an area is exempted from NO

x requirements under section 182(f) of the CAA, and volatile organic compounds (VOCs);

B. For PM 10 , those pollutants

described in the PM 10 nonattainment area
applicable SIP as significant contributors to

the PM 10 levels; and

C. For PM2.5 —

(I) Sulfur dioxide (SO 2) in all

PM2.5 nonattainment and maintenance areas;
(II) Nitrogen oxides in all PM 2.5 nonattainment and maintenance areas unless

both the state and EPA determine that it is not a significant precursor; and (III) Volatile organic compounds (VOC) and ammonia (NH 3 ) only in PM2.5 nonattainment or maintenance areas where either the state or EPA determines that they are significant precursors.46. Predictive emissions monitoring system (PEMS)—A system that uses process andother parameters as inputs to a computer program or other data reduction system to predict values in terms of the applicable emission limitation or standard.47. Prefabricated architectural component coating—A coating applied to metal parts and products which are to be used as an

architectural structure. 48. Preheater/precalciner kiln—A kilnwhere the feed to the kiln system is preheated in cyclone chambers and that utilizes a second burner to provide heat for calcination of material prior to the material entering the

30 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionrotary kiln which forms clinker.

49. Preheater kiln—A kiln where the feed to the kiln system is preheated in cyclone chambers prior to the final fusion, which

forms clinker.50. Press—A printing production assembly that can be made up of one (1) or many units to produce a finished product. For the purposes of 10 CSR 10-5.442 only, this includes any associated coating, spray powder application, heatset web dryer, ultraviolet orelectron beam curing units, or infrared heating units. 51. Pretreatment coating—A coating which contains no more than twelve percent (12%) solids by weight, but at least one-half percent (0.5%) acids by weight, is used toprovide surface etching, and is applied directly to metal surfaces to provide corrosion resistance, adhesion, and ease of stripping.52. Pretreatment wash primer—A coating which contains no more than twenty-five percent (25%) solids by weight, but at least one-tenth of a percent (0.1%) acids by weight, is used to provide surface etching, and is applied directly to fiberglass and metal surfaces to provide corrosion resistance and adhesion of subsequent coatings.53. Primary aluminum reduction installation—Any facility manufacturing aluminum by electrolytic reduction of alumina. 54. Primary chamber—The chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which

ash is removed. 55. Primary fuel—The fuel that provides the principal heat input to the device. To be considered primary, the fuel must be able to sustain operation without the addition of

other fuels.56. Primer—The first layer and any subsequent layers of identically-formulated coating applied to the article to provide corrosion resistance, surface etching, surface leveling, adhesion promotion, or other property depending on the end use or exposure of thefinal product. Primers that are defined as specialty coatings are not included under this

definition.

57. Primer-surfacer—An intermediateprotective coating applied over the electrodeposition primer and under the topcoat at anautomobile or light duty truck assembly coating facility. Primer-surfacer provides adhesion, protection, and appearance properties to the total finish. Primer-surfacer may also be called guide coat or surfacer. 58. Printed interior panel—A panel whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed. 59. Printing—Any operation that imparts color, images, or text onto a substrate using printing inks. 60. Printing ink—Any fluid or viscous composition used in printing, impressing, ortransferring an image onto a substrate. Varnishes and coatings applied with offset lithographic and letterpress printing presses are inks and are part of the applicable printing process, not a separate operation such as paper coating.61. Process—Any collection of structures and/or equipment that processes,assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one (1) process or production unit. 62. Process heater—Any enclosed device using controlled flame, that is not a boiler, and the unit’s primary purpose is to transfer heat indirectly to a process material (liquid, gas, or solid) or to heat transfer material for use in a process unit, instead of generating steam. Process heaters are devicesin which the combustion gases do not directly come into contact with process materials.

Process heaters do not include units used for comfort heat or space heat, food preparation for onsite consumption, or autoclaves. 63. Process unit—For the purpose of 10 CSR 10-5.550 only, equipment assembled and connected by pipes or ducts to produce, as intermediates or final products, one (1) or more SOCMI chemicals (see Appendix A ofControl of Volatile Organic Compound Emissions from Reactor Processes and DistillationOperations Processes in the Synthetic Organic Chemical Manufacturing Industry, EPA450/4-91-031). A process unit can operate independently if supplied with sufficient feedor raw materials and sufficient product storage facilities. 64. Process weight—The total weight of

all materials introduced into an emission unit, including solid fuels which may cause any emission of particulate matter, but excluding liquids and gases used solely asfuels and air introduced for purposes of combustion. 65. Process weight rate—A rate in tons per hour established as follows:

A. The rate of materials introduced to the process which may cause any emission of particulate matter;B. For continuous or long-run steadystate emission units, the total process weight for the entire period of continuous operationor for a typical portion, divided by the number of hours of that period or portion; C. For cyclical or batch emission units, the total process weight for a period of time which covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during that period; or D. Where the nature of any process oroperation or the design of any equipment permits more than one (1) interpretation of this section, that interpretation which results in

the minimum value for allowable emission shall apply. 66. Product—For the purpose of 10 CSR 10-5.550 only, any compound or SOCMI chemical (see Appendix A of Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry, EPA-450/4-91-031) that is produced as that chemical for sales asa product, by-product, co-product, or intermediate or for use in the production of other chemicals or compounds.67. Production—Any collection of structures and/or equipment, that processes,assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one (1) process or production unit.68. Production equipment exhaust system—A device for collecting and directing out of the work area fugitive emissions from reactor openings, centrifuge openings, and other vessel openings and equipment for the purpose of protecting workers from excessive

exposure. 69. Project-specific net emissions increase—The difference between permitted emissions to be emitted by the project thattriggered a prevention of significant deterioration review and the baseline emission inventory for the applicable project.70. Protocol—A replicable and workable method to estimate the mass of emissions reductions, or the amount of ERCs needed for compliance. 71. Public vehicle—Any motor vehicle,other than a passenger vehicle, and any trailer, semi-trailer, or pole trailer drawn by such a motor vehicle, which is designed, used, and maintained for the transportation of persons or property at the public expense and under public control. 72. Publication rotogravure printing— Rotogravure printing upon paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspapersupplements, and other types of printed materials. 73. Pushing operation—The process ofremoving coke from the coke oven. The cokepushing operation begins when the coke-side oven door is removed and is completed when the hot car enters the quench tower and the coke-side oven door is replaced.

CODE OF STATE REGULATIONS 31 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-674. Pyrolysis—The endothermic gasification of hospital waste and/or medical/infectious waste using external energy.

(Q) All terms beginning with “Q.”

1. Qualifying repair—Any repair oradjustment performed on a vehicle’s emissions control system after failing an initial emissions inspection that is reasonable to the test method failure. A qualifying repair is submitted as part of a cost-based waiver application and must document, to thedepartment’s satisfaction, the diagnostic testing or analysis method used by the person performing the repair. Repairs performed by a repair technician that were not authorized by the vehicle owner’s signature or verbal consent may not be considered a qualifyingrepair. The qualifying repair must be performed within ninety (90) days after the date of initial emissions inspection. The initial or subsequent emissions reinspection should support the necessity of the qualifying repair. The qualifying repair may consist of either— A. The parts costs, spent by a vehicle owner or charged to a vehicle owner by a repair technician, that are appropriate for the type of emissions inspection failure; or B. The parts and recognized laborcosts, charged to a vehicle owner by a Recognized Repair Technician, that are appropriate for the type of emissions inspection failure. 2. Quantifiable—The quantity of emission reductions can be measured or estimated by accurate and replicable techniques. These techniques shall be at least as accurate and replicable as the techniques accepted by the U.S. EPA, where accepted techniques exist.

(R) All terms beginning with “R.”

1. Reactive adhesive—An adhesive system composed, in part, of volatile monomers that react during the adhesive curing reaction, and, as a result, do not evolve from the film during use. These volatile components instead become integral parts of the adhesive through chemical reaction. At least seventy percent (70%) of the liquid components of the system, excluding water, react during the

process. 2. Reactor—A vat or vessel, which may be jacketed to permit temperature control, designed to contain chemical reactions. 3. Reactor processes—Unit operationsin which one (1) or more chemicals, or reactants other than air, are combined or decomposed in such a way that their molecular structures are altered and one (1) or more new organic compounds are formed. 4. Readiness monitor—A design featureof On-Board Diagnostics systems. If a readiness monitor has been set, then the OBD system has completed a diagnostic check on that component. If a readiness monitor has notbeen set, then the OBD system has not completed a diagnostic check on that component. 5. Reasonably-foreseeable emissions— Projected future direct and indirect emissions that are identified at the time the conformity determination is made; the location of such

emissions is known and the emissions are quantifiable, as described and documented bythe federal agency based on its own information and after reviewing any information presented to the federal agency.6. Receive or receipt of—When referring to the director or the administrator, tocome into possession of a document, information, or correspondence (whether sent inwriting or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, bythe director or the administrator in the regular course of business. 7. Recognized labor costs—The labor costs that a Recognized Repair Techniciancharges for emissions repair services rendered to a vehicle that fails its emissionsinspection. Labor costs not tied to an emissions repair or solely for the purposes of setting readiness monitors may not be considered qualifying repairs. 8. Recognized Repair Technician—Any person who— A. Is professionally engaged full-time in vehicle repair or employed by an ongoing business whose purpose is vehicle repair. A Recognized Repair Technician may only be recognized by the department at one (1) place of employment;

B. Has valid certifications from the

National Institute for Automotive Service Excellence (ASE) in Electrical Systems (A6), Engine Performance (A8), and Advanced Engine Performance Specialist (L1) that have not expired; and C. Has not been reported by thedepartment to the attorney general for unlawful merchandising practices according to subsection 643.330.4., RSMo.

9. Reconstruction—Where the fixed capital cost of the new components exceeds fifty percent (50%) of the fixed capital cost ofa comparable entirely new source of operation or installation; the use of an alternative fuel or raw material by reason of an order ineffect under sections 2(a) and (b) of the Energy Supply and Environmental CoordinationAct of 1974, by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act, or by reason of an order or rule under section 125 of the Clean Air Act, shall

not be considered reconstruction. In determining whether a reconstruction will occur, the provisions of 40 CFR 60.15, December 1, 1979, shall be considered by the director. 10. Recordation, record, or recorded— With regard to NO

x allowances, the movement of NO

x allowances by the director or

administrator from one (1) NO

x allowance
tracking system account to another, for purposes of allocation, transfer, or deduction.

11. Recoverable fuel—Fuels that have been permitted for use for energy recovery

under 10 CSR 10-6.065. 12. Recovery device—An individual unit of equipment, such as an adsorber, carbon adsorber, or condenser, capable of and used for the purpose of recovering chemicals for use, reuse, or sale. 13. Recovery system—An individual recovery device or series of such devices applied to the same vent stream. 14. Recycled on-site—The reuse of anorganic solvent in a process other than cleaning or washoff. 15. Reduction—Any heated process,including rendering, cooking, drying, dehydrating, digesting, evaporating, and protein concentrating. 16. Reference method—Any method of sampling and analyzing for an air pollutant that is published in Appendix A of 40 CFR

60. 17. Refinishing—The process of coatingmotor vehicles, or their parts, that is subsequent to the original coating applied at an original equipment manufacturing plant. 18. Refuse—The garbage, rubbish, tradewastes, leaves, salvageable material, agricultural wastes, or other wastes. 19. Regionally-significant action—A

federal action for which the direct and indirect emissions of any pollutant represent ten percent (10%) or more of a nonattainment or maintenance area’s emissions inventory for that pollutant.20. Regional water or wastewater projects—Include construction, operation, and

maintenance of water or wastewater conveyances, water or wastewater treatment facilities, and water storage reservoirs which affect a large portion of a nonattainment or

maintenance area.21. Regulated air pollutant—All air pollutants or precursors for which any standard has been promulgated.22. Regulated asbestos-containing material (RACM)—Friable asbestos material; category I nonfriable asbestos-containing material (ACM) that has become friable; category

I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or category II nonfriable ACM that has a high probability of becoming or has

32 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionbecome crumbled, pulverized, or reduced to powder by the forces expected to act on the

material in the course of demolition or renovation operations regulated by this rule. 23. Regulated pollutant—Any regulated air pollutant except carbon monoxide and pollutants regulated exclusively under section 112(r) or Title VI of the Act. 24. Reid vapor pressure (RVP)—The absolute vapor pressure of a petroleum liquid as determined by “Tests for Determining Reid Vapor Pressure (RVP) of Gasoline and Gasoline-Oxygenate Blends” 40 CFR 80, Appendix E as in effect July 1, 1990. 25. Reinforced plastic composite—Acomposite material consisting of plastic reinforced with fibers. 26. Related cleaning activity—The removal of coating residue or other unwanted materials from equipment related to coating operations as well as the cleaning of spray guns, transfer line, tanks, and the interior of spray booths. 27. Renewable fuel—For the purpose of 10 CSR 10-6.380 only, renewable energy

resources that include but are not limited to solar (photovoltaic), wind, and biomass.Biomass includes but is not limited to: agricultural crops and crop waste, untreated woodand wood wastes, livestock waste, wastepaper, and organic municipal solid waste. 28. Renewal—The process by which an operating permit is reissued at the end of its

term. 29. Repair—The restoration of asbestosmaterial that has been damaged. Repair consists of the application of rewettable glasscloth, canvas, cement, or other suitable material. It may also involve filling damaged areaswith nonasbestos substitutes and reencapsulating or painting previously-encapsulated

materials. 30. Repair coating—A coating used tore-coat portions of a previously-coated product which has sustained mechanical damageto the coating following normal coating operations.31. Reportable pollutants—The regulated air pollutants at the process level requiredfor emission inventory reporting as summarized in Table 1 of 10 CSR 10-6.110. 32. Reporting threshold—Minimumamount of reportable emissions at the emission unit level that requires reporting as summarized in Table 1 of 10 CSR 10-6.110.Emissions below this amount may be designated as insignificant on the full emissions
report. 33. Reporting year—Twelve (12)-month calendar year ending December 31. The reporting requirement for installations with three (3)-year reporting cycles begins with the 2011 reporting year. The subsequent reporting years will be every three (3) years following 2011 (i.e., 2014, 2017, 2020, etc.).34. Research and development activities—Activities conducted at a research or laboratory facility whose primary purpose is to conduct research and development into new processes and products, where suchsource is operated under the close supervision of technically-trained personnel and is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis manner.35. Research and development emissions unit—Any combustion unit operatedonly for the purpose of research and development work.

36. Residence time—Period of time in which gas in a thermal oxidizer, incinerator, or afterburner is exposed to heat and oxygen at a specified temperature in order to destroy pollutants present in the gas.

37. Residual fuel oil—The fuel oil variously known as Bunker C, PS 400, and Number 6 as defined in ASTM D (396–487) (1959). 38. Resist coat—A coating that isapplied to a plastic part before metallic plating to prevent deposits of metal on portions of the plastic part. 39. Responsible official—Includes one (1) of the following: A. The president, secretary, treasurer, or vice-president of a corporation in charge of a principal business function, any otherperson who performs similar policy and decision-making functions for the corporation, ora duly-authorized representative of this person if the representative is responsible for theoverall operation of one (1) or more manufacturing, production, or operating facilities applying for or subject to a permit and

either— (I) The facilities employ more than two hundred fifty (250) persons or have a gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second quarter 1980 dollars); or (II) The delegation of authority to this representative is approved in advance by the permitting authority; B. A general partner in a partnership or the proprietor in a sole proprietorship; C. Either a principal executive officer or ranking elected official in a municipality or state, federal, or other public agency. For the purpose of this subparagraph, a principal executive officer of a federal agency includesthe chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency; or D. The designated representative ofan affected source insofar as actions, standards, requirements, or prohibitions underTitle IV of the Act or the regulations promulgated under the Act are concerned and thedesignated representative for any other purposes under part 70.

40. Restricted information—Informationthat is privileged or that is otherwise protected from disclosure pursuant to applicable statutes, executive orders, or regulations. Such information includes, but is not limited to, classified national security information, protected critical infrastructure information,sensitive security information, and proprietary business information. 41. Retail outlet—Any establishment where gasoline is sold, offered for sale, or

used as a motor vehicle fuel. 42. Rich-burn engine—A two (2)- or four (4)-stroke SI engine where the oxygencontent in the exhaust stream before any dilution is one percent (1%) or less measured on a dry basis.43. Road-mix—An asphalt course produced by mixing mineral aggregate and cutback or emulsified asphalt at the road site by means of travel plants, motor graders, drags, or special road-mixing equipment. 44. Roll printing—The application of words, designs, and pictures to a substrate, usually by means of a series of hard rubber or steel rolls each with only partial coverage. 45. Roller spreader—The device used for the application of a coating material to a substrate by means of hard rubber or steel

rolls. 46. Rolling lubricant—Petroleum-basedoil usually mixed with additives. The lubricant is used to cool the work rolls and provide lubrication for the product in contact

with the work rolls.47. Rotogravure printing—The application of words, designs, and pictures to a substrate by means of a roll-printing technique which involves an intaglio or recessed image

areas in the form of cells. 48. Rubber—Any natural or manmade rubber substrate, including, but not limitedto, styrene-butadiene rubber, polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene, and ethylene propylene diene terpolymer.

(S) All terms beginning with “S.”

1. Safety-indicating coating—A coating which changes physical characteristics, such as color, to indicate unsafe conditions. 2. Salvage operation—Any business, trade, industry, or other activity conducted in whole or in part for the purpose of salvaging or reclaiming any product or material.

CODE OF STATE REGULATIONS 33 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-63. Sealer—A finishing material used to seal the pores of a wood substrate before additional coats of finishing material are applied. Washcoats, which are used in some finishing systems to optimize aesthetics, are

not sealers. 4. Sealing material—A liquid substance

that does not contain asbestos which is used to cover a surface that has previously been coated with a friable asbestos-containingmaterial for the intended purpose of preventing any asbestos fibers remaining on the surface from being disbursed into the air. This substance shall be distinguishable from the surface to which it is applied. 5. Secondary chamber—A component of the HMIWI that receives combustion gases from the primary chamber and in which the combustion process is completed. 6. Secondary emissions—The emissions

which occur or would occur as a result of the construction or operation of an installation or major modification but do not come from theinstallation or major modification itself. Secondary emissions must be specific, welldefined, quantifiable, and impact the samegeneral area as the installation or modification which causes the secondary emissions. Secondary emissions may include, but are not

limited to: A. Emissions from trucks, ships, or trains coming to or from the installation or modification; andB. Emissions from any off-site support source which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. 7. Section 502(b)(10) changes—Changes that contravene an express permit term. These changes do not include those thatwould violate applicable requirements or contravene federally-enforceable permit terms and conditions that are monitoring (including test methods), record keeping, reporting, or compliance certification requirements. 8. Self-priming topcoat—A topcoat that is applied directly to a vehicle or componentfor purposes of corrosion prevention, environmental protection, and function fluidresistance. More than one (1) layer of identical coating formulation may be applied to the vehicle or component. 9. Semi-aqueous cleaning solvent—Asolution in which water is a primary ingredient (greater than sixty percent (60%) by weight of the solvent solution as applied must be water). 10. Serial number—When referring to

NO

x allowances, the unique identification
number assigned to each NO

x allowance by

the administrator or director. 11. Sheet basecoat—The roll coated primary interior surface coating applied to surfaces for the basic protection of buffering filling material from the metal can surface. 12. Sheet-fed—A printing press where

individual sheets of substrate are fed into the press sequentially. 13. Sheet rubber lining installation— The process of applying sheet rubber linersby hand to metal or plastic substrates to protect the underlying substrate from corrosion or abrasion. These operations also include laminating sheet rubber to fabric by hand. 14. Shock-free coating—A coating applied to electrical components to protect the user from electric shock. The coating has characteristics of being of low capacitance and high resistance and having resistance to breaking down under high voltage.15. Shutdown—The cessation of operation of any air pollution control equipment or process equipment, excepting the routine phasing out of process equipment. For the purpose of 10 CSR 10-6.200 only, shutdown is the period of time after all waste has beencombusted in the primary chamber. For continuous HMIWI, shutdown shall commence no less than two (2) hours after the last charge to the incinerator. For intermittent HMIWI, shutdown shall commence no less than four (4) hours after the last charge to the incinerator. For batch HMIWI, shutdown shall commence no less than five (5) hours after the high-air phase of combustion has been completed. For the purpose of 10 CSR 10-6.410 only, shutdown is rendering an installation or unit inoperable by physicallyremoving, dismantling, or otherwise disabling the installation or unit so that it could not be reactivated without obtaining a new permit in accordance with 10 CSR 10-6.060.16. Shutdown, permanent—See permanent shutdown. 17. Side-seam coating—A coating applied on the interior and/or exterior of awelded, cemented, or soldered seam to protect the exposed metal. 18. Significant—A net emissions increase or potential to emit at a rate equal to or exceeding the de minimis levels or create an ambient air concentration at a level greater than those listed in 10 CSR 10-6.060(11)(D) Table 4, or any emissions rate or any net

emissions increase associated with an installation subject to 10 CSR 10-6.060 which

would be constructed within ten kilometers (10 km) of a Class I area and have an air quality impact on the area equal to or greater than one microgram per cubic meter (1
μg/m3 ) (twenty-four (24)-hour average). For purposes of new source review under 10 CSR 10-6.060 sections (7) and (8), net emission increases of hazardous air pollutants exceeding the de minimis levels are considered significant only if they are also criteria pollutants. 19. Silicone release coating—A coating

which contains silicone resin and is intendedto prevent food from sticking to metal surfaces, such as baking pans. 20. Similar source—A stationary source or process that has comparable emissions and is structurally similar in design and capacity to a constructed or reconstructed major

source such that the source could be controlled using the same control technology.21. Single-ply roof membrane—A prefabricated single sheet of rubber, normally ethylene-propylenediene terpolymer, that is field applied to a building roof using one (1)layer of membrane material. For the purposes of rule 10 CSR 10-5.330, single-ply roofmembrane does not include membranes prefabricated from EPDM. 22. Single-ply membrane adhesive primer—A primer labeled for use to clean and promote adhesion of the single-ply roof membrane seams or splices prior to bonding. 23. Single-ply membrane installation and repair adhesive—An adhesive labeled for use in the installation or repair of single-ply roof membrane. Installation includes, as aminimum, attaching the edge of the membrane to the edge of the roof and applyingflashings to vents, pipes, or ducts that protrude through the membrane. Repair includes gluing the edges of torn membrane together, attaching a patch over a hole, and reapplying flashings to vents, pipes, or ducts installed through the membrane.24. Six (6)-minute period—A three-hundred-sixty (360)-consecutive-second time interval. Six (6)-minute block averages shall be utilized for COMS data per the provisions of Appendix B to 40 CFR 60, Performance Specification 1, promulgated as of July 1, 2007, and hereby incorporated by referencein this rule, as published by the U.S. Government Printing Office, 732 N CapitolStreet NW, Washington, DC 20401. This definition does not incorporate any subsequent

amendments or additions. 25. Sludge—Any solid, semisolid, or liquid waste generated from a municipal,commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the

treated effluent from a wastewater treatment plant.

26. Small HMIWI—An HMIWI whose maximum design waste burning capacity is less than or equal to two hundred (200)pounds per hour, or a continuous or intermittent HMIWI whose maximum charge rate is

34 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commissionless than or equal to two hundred (200) pounds per hour, or a batch HMIWI whose maximum charge rate is less than or equal to one thousand six hundred (1,600) pounds per day. The following are not small HMIWI: a

continuous or intermittent HMIWI whosemaximum charge rate is more than two hundred (200) pounds per hour; a batch HMIWI whose maximum charge rate is more than one thousand six hundred (1,600) pounds per day. 27. Small source—For the purpose of 10 CSR 10-6.110 only, an installation subject to 10 CSR 10-6.110 but not a point source as defined in 10 CSR 10-6.020 for the purpose

of 10 CSR 10-6.110. 28. Smoke—Small gas-borne particlesresulting from combustion, consisting of carbon, ash, and other material.29. Smoke generating device—A specialized piece of equipment which is not an integral part of a commercial, industrial, ormanufacturing process and whose sole purpose is the creation and dispersion of fine solid or liquid particles in a gaseous medium. 30. Soils—Includes, but is not limited to, unwanted grease, wax, grit, ash, dirt, and

oil. 31. Solar absorbent coating—A coating which has as its prime purpose the absorption

of solar radiation. 32. Solid film lubricant—A very thincoating consisting of a binder system containing as its chief pigment material one (1) or more of the following: A. Molybdenum; B. Graphite; C. Polytetrafluoroethylene (PTFE);

and D. Other solids that act as a dry lubricant between closely- or tightly-fitting surfaces.

33. Solid fuel—A solid material used as a fuel that includes, but is not limited to, coal, wood, biomass, tires, plastics, and

other nonfossil solid materials. 34. Solid waste—Any garbage, sludgefrom a wastewater treatment plant, water supply treatment plant, or air pollution controlfacility; and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial,commercial, mining, and agricultural operations, and from community activities but does

not include solid or dissolved material indomestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under 33 U.S.C. 1342, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.) 35. Solids—See coating solids. 36. Solids turnover ratio(RT) —The ratio
of total volume of coating solids that is added to the electrodeposition primer system in a calendar month divided by the total volume design capacity of the electrodeposition primer system. 37. Solvent—Organic materials which are liquid at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents. 38. Solvent metal cleaning—The process of cleaning soils from metal surfaces by cold cleaning or open-top vapor degreasing or conveyorized degreasing.39. Source—Any governmental, institutional, commercial, or industrial structure, installation, plant, building, or facility thatemits or has the potential to emit any regulated air pollutant under the CAA. For purposes of section 502(c) of the CAA, a “source,” including a “source” with multiple units, shall be considered a single “facility.” 40. Source gas volume—The volume of gas arising from a process or other source operation. 41. Source operation—See emission

unit. 42. Specially-constructed vehicle—A motor vehicle that has not been originally constructed under a distinctive name, make, model, or type by a manufacturer of motorvehicles, that has been issued a specially-constructed VIN number from the MDOR, and that has had the specially-constructed VINinstalled by the MSHP. The term speciallyconstructed vehicle includes kit vehicles that are motor vehicles assembled by a personother than a generally-recognized manufacturer of motor vehicles by the use of a glider kit or replica purchased from an authorizedmanufacturer and accompanied by a manufacturer’s statement of origin. 43. Specialty coating—A coating that, even though it meets the definition of a primer, topcoat, or self-priming topcoat, has additional performance criteria beyond thoseof primers, topcoats, and self-priming topcoats for specific applications. These performance criteria may include, but are not limited to, temperature or fire resistance,substrate compatibility, anti-reflection, temporary protection, or marking, sealing, adhesively-joining substrates, or enhanced corrosion protection. 44. Spray gun cleaner—Equipment usedto clean spray guns used to apply, but not limited to, primers, paints, specialty coatings,adhesives, sealers, resins, or deadeners incorporated into a product distributed in commerce. 45. Spray gun soils—Include, but are not limited to, unwanted grease, wax, grit, ash, dirt, oil, unwanted primers, paint, specialty coatings, adhesives, sealers, resins, and

deadeners. 46. Springfield-Greene County area— The geographical area contained within Greene County. 47. St. Louis metropolitan area—The geographical area comprised of St. Louis, St. Charles, Jefferson, and Franklin Counties and the City of St. Louis. 48. Stack—Any spatial point in an installation designed to emit air contaminants into ambient air. An accidental opening suchas a crack, fissure, or hole is a source of fugitive emissions, not a stack.

49. Staff director—Director of the Air Pollution Control Program of the Department

of Natural Resources. 50. Stage I vapor recovery system—A system used to capture the gasoline vaporsthat would otherwise be emitted when gasoline is transferred from a loading installationto a cargo tank or from a cargo tank to a storage tank. 51. Stage II vapor recovery system—A system used to capture the gasoline vaporsthat would otherwise be emitted when gasoline is dispensed from a storage tank to the fuel tank of a motor vehicle. For MOPETP, Stage II vapor recovery includes both Stage I and Stage II Vapor Recovery equipment and requirements, unless otherwise stated. 52. Stain—Any color coat having a solids content by weight of no more than eight percent (8%) that is applied in single or multiple coats directly to the substrate.Includes, but is not limited to, nongrain raising stains, equalizer stains, sap stains, body stains, no-wipe stains, penetrating stains, and

toners.53. Standard conditions—A gas temperature of seventy degrees Fahrenheit (70 °F) and a gas pressure of 14.7 pounds per square inch absolute (psia). 54. Standard metropolitan statistical area or SMSA—Any areas listed in Office of Management and Budget Bulletin No. 93-17

entitled “Revised Statistical Definitions for Metropolitan Areas” dated June 30, 1993, and hereby incorporated by reference in this rule, as published by the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161. This rule does not incorporate any subsequent amendments or

additions. 55. Start-up—The setting into operationof any air pollution control equipment or process equipment, except the routine phasing in of process equipment. For the purpose of 10 CSR 10-6.200 only, start-up is the period of time between the activation of the system and the first charge to the unit. For batch

CODE OF STATE REGULATIONS 35 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6HMIWI, start-up means the period of time between activation of the system and ignition

of the waste. 56. Start-up unit—A unit operated only to start up larger electric generating units. 57. State—Any nonfederal permittingauthority, including any local agency, interstate association, or statewide program. When clear from its context, state shall have

its conventional territorial definition. For the purpose of 10 CSR 10-6.360 only, state is one (1) of the forty-eight (48) contiguous states and the District of Columbia specifiedin 40 CFR 51.121, or any non-federal authority in or including such states or the District of Columbia (including local agencies and statewide agencies) or any eligible Indian

tribe in an area of such state or the District of Columbia that adopts a NO

x budget trading
program pursuant to 40 CFR 51.121. To the extent a state incorporates by reference the provisions of this part, the term “state” shall mean the incorporating state. The term “state” shall have its conventional meaningwhere such meaning is clear from the context. 58. State implementation plan—A seriesof plans adopted by the commission, submitted by the director, and approved by theadministrator detailing methods and procedures to be used in attaining and maintaining the ambient air quality standards in Missouri. 59. State trading program NO

x budget—
The total number of tons apportioned to all

NO

x budget units in a given state, in accordance with the NO

x budget trading program,
for use in a given control period. 60. Stationary internal combustion engine—Internal combustion engine of the reciprocating type that is either attached to a foundation at a facility or is designed to be capable of being carried or moved from one(1) location to another and remains at a single site at a building, structure, facility, orinstallation for more than twelve (12) consecutive months. Any engine(s) that replace(s) an engine at a site that is intended to perform the same or similar function as the enginereplaced is included in calculating the consecutive time period. Nonroad engines and engines used solely for competition are not stationary internal combustion engines. 61. Stationary source—Any building, structure, facility, or installation which emitsor may emit any air pollutant subject to regulation under the CAA. Building, structure, facility, or installation includes all pollutant emitting activities that are located on one (1) or more contiguous or adjacent properties

and are under common control of the same person(s). 62. Stencil coating—An ink or a pigmented coating which is applied over a stencil in order to add identifying letters, symbols, and/or numbers.
63. Stoichiometric air/fuel ratio—The air/fuel ratio where all fuel and all oxygen in

the air/fuel mixture will be consumed. 64. Stoker boiler—A boiler design that employs a grate assembly to combust coal. 65. Storage container—Vessel or tank,including mix equipment, used to hold finishing, cleaning, or washoff materials. 66. Storage tank—Any tank, reservoir, or vessel which is a container for liquids or gases, where no manufacturing process or part of it takes place. 67. Strippable booth coating—A coating

that— A. Is applied to a booth wall to provide a protective film to receive overspray during finishing operations;B. Is subsequently peeled off and disposed; and C. By achieving A. and B. above, reduces or eliminates the need to use organic

solvents to clean booth walls. 68. Structural glazing—A process that includes the application of adhesive to bond glass, ceramic, metal, stone, or composite panels to exterior building frames.

69. Subfloor installation—The installation of subflooring material over floor joists,including the construction of any load-bearing joists. Subflooring is covered by a finish

surface material. 70. Submerged fill pipe—Any fill pipe the discharge opening of which is entirely submerged when the liquid level is six inches (6") above the bottom of the tank. Submergedfill pipe when applied to a tank which is loaded from the side is defined as any fill pipe, the discharge opening of which is entirely submerged when the liquid level is eighteen inches (18") or twice the diameter of the fill pipe, whichever is greater, above the bottom

of the tank. 71. Submerged filling—The filling of a gasoline storage tank through a submerged fill pipe with a discharge no more than six inches (6") (no more than twelve inches (12") for submerged fill pipes installed on or before November 9, 2006) from the bottom of the tank. Bottom filling of gasoline storage tanks

is included in this definition.

72. Submit or serve—To send or transmit a document, information, or correspondence to the person specified in accordance with the applicable regulation— A. In person; B. By United States Postal Service; or C. By other means of dispatch or transmission and delivery. Compliance with any “submission,” “service,” or “mailing” deadline shall be determined by the date of dispatch, transmission, or mailing and not the date of receipt.

73. Substrate—The surface onto which coatings are applied (or into which coatings are impregnated). 74. Sufficient density—Any number,spacing, and combination of collection system components, including vertical wells, horizontal collectors, and surface collectors, necessary to maintain emission and migrationcontrol as determined by measures of performance as set forth.

75. Sufficient extraction rate—A rate sufficient to maintain a negative pressure at all wellheads in the collection system withoutcausing air infiltration, including any wellheads connected to the system as a result of expansion or excess surface emissions, for

the life of the blower.76. Surface coating line—Same as a surface coating unit. 77. Surface coating operation—Same as industrial surface coating operation. 78. Surface coating unit—One (1) or more coating applicators and any associated drying area and/or oven wherein a coating is applied, dried, and/or cured. A coating unit ends at the point where the coating is dried or cured, or prior to any subsequent application of a different coating. It is not necessary for a coating unit to have an oven or flash-off

area. 79. Synthesized pharmaceutical manufacturing—Manufacture of pharmaceutical products by chemical synthesis.80. System—For vapor recovery, a combination of MOPETP-approved (Stage I andStage II) equipment and components demonstrated to achieve the required efficiencies.

(T) All terms beginning with “T.”

1. Tangentially-fired boiler—A boiler

that has coal and air nozzles mounted in each

corner of the furnace where the vertical furnace walls meet. Both pulverized coal and air are directed from the furnace corners along aline tangential to a circle lying in a horizontal plane of the furnace.

2. Take or start the federal action—The date that the federal agency signs or approvesthe permit, license, grant, or contract or otherwise physically begins the federal action that requires a conformity evaluation. 3. Temporary boiler—Any gaseous or liquid fuel boiler that is designed to be, and is capable of being, carried or moved from one (1) location to another. A temporary boiler that remains at a location for more than one hundred eighty (180) days during any three hundred sixty-five (365)-day period is no longer considered to be a temporary boiler.

36 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation CommissionAny temporary boiler that replaces a temporary boiler at a location and is intended to perform the same or similar function will be included in calculating the consecutive time period.4. Temporary installation—An installation which operates or emits pollutants less than two (2) years. 5. Texture coat—A coating that is applied to a plastic part which, in its finished form, consists of discrete raised spots of the coating. 6. Thin metal laminating adhesive—An adhesive intended by the manufacturer for use in bonding multiple layers of metal to metalor metal to plastic in the production of electronic or magnetic components in which the thickness of the bond line(s) is less than 0.25

millimeters. 7. Tileboard—A premium interior wall paneling product made of hardboard that is used in high-moisture areas of the home, such as kitchens and bathrooms, and meets the specifications for Class I hardboards asapproved by the American National Standards Institute. 8. Tire-derived fuel—The end product of a process that converts whole scrap tires into a specific chipped form capable of being used

as fuel. 9. Tire repair—A process that includes expanding a hole, tear, fissure, or blemish in a tire casing by grinding or gouging, applying adhesive, and filling the hole or crevice with

rubber.10. Title I modification—Any modification that requires a permit under 10 CSR 10- 6.060 section (7) or (8) or that is subject to any requirement under 10 CSR 10-6.070 or

10 CSR 10-6.080. 11. Title V operating permit—A permit

issued under Title V of the CAA and 40 CFR

70 or 40 CFR 71.12. Title V operating permit regulations—The regulations that the administrator has approved or issued as meeting the requirements of Title V of the CAA and 40

CFR 70 or 40 CFR 71. 13. Ton or tonnage—Any “short ton” (i.e., two thousand pounds (2,000 lbs)). For the purpose of determining compliance with

the NO

x budget emissions limitation, total
tons for a control period shall be calculated as the sum of all recorded hourly emissions (or the tonnage equivalent of the recorded hourly emissions rates) in accordance with applicable requirements, with any remainingfraction of a ton equal to or greater than onehalf (0.50) ton deemed to equal one (1) ton and any fraction of a ton less than one-half (0.50) ton deemed to equal zero (0) tons. 14. Topcoat—The last film-building finishing material applied for the purpose of establishing the color or protective surface,or both, including groundcoat and paint sealer materials, base coat, and clear coat. Nonpermanent final finishes are not topcoats.

15. Total fluoride—The elemental fluorine and all fluoride compounds as measured by reference methods specified in 10 CSR 10-6.030(12) or equivalent or alternative methods.

16. Total of direct and indirect emissions—The sum of direct and indirect emissions increases and decreases caused by thefederal action; that is, the net emissions considering all direct and indirect emissions. Any emissions decreases used to reduce such total shall have already occurred or shall be

enforceable under state and federal law. The portion of emissions which are exempt or presumed to conform under subsection (3)(C), (D), (E), or (F) of 10 CSR 10-6.300

are not included in the “total of direct and indirect emissions,” except as provided in subsection (3)(J) of 10 CSR 10-6.300. The

“total of direct and indirect emissions” includes emissions of criteria pollutants and emissions of precursors of criteria pollutants. The segmentation of projects for conformityanalyses when emissions are reasonably foreseeable is not permitted by this rule. 17. Total organic compounds or “TOC”—Those compounds measured according to the procedures of Method 18 of 40 CFR 60, Appendix A. For the purposes of measuring molar compositions as required in subparagraph (3)(B)3.D. of 10 CSR 10- 5.550; hourly emissions rate as required in subparagraph (3)(B)5.D. of 10 CSR 10-5.550 and paragraph (3)(B)2. of 10 CSR 10-5.550;and TOC concentration as required in paragraph (4)(A)4. of 10 CSR 10-5.550. The definition of TOC excluded those compounds that the administrator designates as having negligible photochemical reactivity. The administrator has designated the following organic compounds negligibly reactive: methane; ethane; 1,1,1-trichloroethane; methylene chloride; trichlorofluoromethane;dichlorodifluoromethane; chlorodifluoromethane; trifluoromethane; trichlorotrifluoroethane; dichlorotetrafluoroethane; and chloropentafluoroethane.

18. Total resource effectiveness index

value or “TRE index value”—A measure of the supplemental total resource requirement per unit reduction of organic hazardous air pollutants associated with a process ventstream, based on vent stream flow rate, emission rate of volatile organic compound, net heating value, and corrosion properties (whether or not the vent stream contains halogenated compounds) as quantified by the given equations. The TRE index is a decision

tool used to determine if the annual cost ofcontrolling a given vent gas stream is acceptable when considering the emissions reduction achieved. 19. Touch-up coating—A coating usedto cover minor coating imperfections appearing after the main coating operation. 20. Touch-up and repair operation— That portion of the coating operation that isthe incidental application of finishing materials used to cover minor imperfections in thecoating finish or to achieve complete coverage. This definition includes out-of-sequence or out-of-cycle coating. 21. Trade waste—The solid, liquid, or gaseous material resulting from construction or the prosecution of any business, trade, orindustry or any demolition operation including, but not limited to, plastics, cardboard cartons, grease, oil, chemicals, or cinders.22. Traffic coatings—Coatings formulated for and applied to public streets, highways, and other surfaces including, but not limited to, curbs, berms, driveways, and parking lots. 23. Transfer efficiency (TE)—Ratio of the amount of coating solids transferred onto a product to the total of coating solids used. In any surface coating operation, TE is the ratio of solids in a coating that adhere on a target surface to the total solids used in the process for coating the target surface. 24. Translucent coating—A coating which contains binders and pigment and is formulated to form a colored, but not opaque,

film.

25. Treated wood—Wood that has beensubjected to a chemical process or application. 26. Tribal implementation plan (TIP)— A plan to implement the national ambient air quality standards adopted and submitted by afederally-recognized Indian tribal government determined to be eligible under 40 CFR 49.9 and the plan has been approved by EPA.27. True vapor pressure—The equilibrium partial pressure exerted by a petroleum liquid as determined in American Petroleum Institute Bulletin 2517, Evaporation Loss from Floating Roof Tanks , 1962. 28. Type I etchant—A chemical millingetchant that contains varying amounts of dissolved sulfur and does not contain amines. 29. Type II etchant—A chemical milling etchant that is a strong sodium hydroxide solution containing amines.

(U) All terms beginning with “U.”

1. Uncombined water—The visible condensed water which is not bound, physically or chemically, to any air contaminant.

CODE OF STATE REGULATIONS 37 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-62. Unit—A fossil-fuel-fired combustiondevice such as a stationary boiler, combustion turbine, or combined cycle system. For the purpose of 10 CSR 10-6.390 only, unit is any diesel, lean-burn, or rich-burn stationary internal combustion engine as defined in this

rule. 3. Unit load—The total (i.e., gross) output of a unit in any control period (or otherspecified time period) produced by combusting a given heat input of fuel expressed in

terms of— A. The total electrical generation (expressed as megawatt) produced by the unit, including generation for use within the plant; or

B. In the case of a unit that uses heatinput for purposes other than electrical generation, the total steam flow (lb/hr) or total steam pressure (psia) produced by the unit, including steam for use by the unit. 4. Unit operating day—A calendar day in which a unit combusts any fuel. 5. Unit operating hour or hour of unit operation—Any hour or fraction of an hour during which a unit combusts fuel. 6. Unit operations—Discrete processing steps that occur within distinct equipment that are used to prepare reactants, facilitate reactions, separate and purify products, and recycle materials.

7. Untreated wood—Lumber and other

wooden materials that have not been chemically treated for resistance to moisture, fire,fungi, insects, and other pests, or has not otherwise been treated or manufactured with chemicals, or that does not contain adhesives

or resins. Untreated wood does not include plywood, particleboard, chipboard, and wood with other-than-insignificant quantities of paint, coating, or finish.

8. U.S. EPA—The United States Environmental Protection Agency. 9. User source—Any source that seeks to use ERCs to comply with an applicable emission reduction requirement. 10. Utilization—The heat input (expressed in mmBtu/time) for a unit. The unit’s total heat input for the control period in each year will be determined in accordance

with 40 CFR 75 if the NO

x budget unit was
otherwise subject to the requirements of 40 CFR 75 for the year or will be based on thebest available data reported to the administrator for the unit if the unit was not otherwise subject to the requirements of 40 CFR 75 for the year.

11. Utilization rate—The amount of anengine’s capacity reported in horsepowerhours that is utilized. (V) All terms beginning with “V.”1. Vacuum-metalizing coating—Topcoats and basecoats that are used in the vacuum-metalizing process. 2. Vapor recovery system—A vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing the hydrocarbon vapors and gases so as to limit their emission to the atmosphere. 3. Vapor recovery system modification— Any repair, replacement, alteration, orupgrading of Stage I or Stage II vapor recovery control equipment or gasoline dispensing equipment equipped with Stage II vapor recovery beyond normal maintenance of the system as permitted by the staff director.4. Vapor tight—When applied to a delivery vessel or vapor recovery system as one that sustains a pressure change of no more than seven hundred fifty (750) pascals (three inches (3") of H2O) in five (5) minutes when
pressurized to a gauge pressure of four thousand five hundred (4,500) pascals (eighteen inches (18") of H2O) or evacuated to a gauge
pressure of one thousand five hundred (1,500) pascals (six inches (6") of H 2O).
5. Varnish—An unpigmented surface coating containing VOC and composed of resins, oils, thinners, and driers used to give a glossy surface to wood, metal, etc. 6. Vehicle—Any mechanical device on wheels, designed primarily for use on streets, roads, or highways, except those propelled or drawn by human or animal power or those used exclusively on fixed rails or tracks. 7. Vehicle Inspection Database (VID)— The vehicle inspection database, operated and maintained by the department’s contractor. All vehicle emissions inspection informationis uploaded by the MDAS inspection equipment to the VID on a real-time basis as soon as each inspection is complete. 8. Vehicle Inspection Report (VIR)— The vehicle inspection report printed by theMDAS inspection equipment at the conclusion of each vehicle’s emissions inspection.The VIR is designed solely to provide information regarding the emissions inspection results to motorists and may not be valid for vehicle registration purposes. 9. Vent—A point of emission from a unit operation. Typical process vents from batch processes include condenser vents, vacuum pumps, steam ejectors, and atmospheric vents from reactors and other process vessels. Vents also include relief valve discharges. Equipment exhaust systems that dischargefrom unit operations also would be considered process vents. 10. Vent stream—Any gas stream discharge directly from a distillation operationor reactor process to the atmosphere or indirectly to the atmosphere after diversion through other process equipment. The vent stream excludes relief valve discharges and equipment leaks including, but not limited to, pumps, compressors, and valves.11. Vinyl coating—A functional, decorative, or protective topcoat or printing applied to vinyl-coated fabric or vinyl sheets. 12. Visible emission—Any discharge of an air contaminant, including condensibles, which reduces the transmission of light orobscures the view of an object in the background. 13. Volatile organic compounds (VOC)—Any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, that participates inatmospheric photochemical reactions to produce ozone. A. The following compounds are not

considered VOCs because of their known lack of participation in the atmospheric reactions to produce ozone:

CAS # Compound138495428 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee)431890 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea) 375031 1,1,1,2,2,3,3-heptafluoro-3- methoxy-propane (n-C 3 F7OCH 3 or HFE-7000)
690391 1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 679867 1,1,2,2,3-pentafluoropropane (HFC-245ca) 24270664 1,1,2,3,3-pentafluoropropane (HFC-245ea) 431312 1,1,1,2,3-pentafluoropropane (HFC-245eb) 460731 1,1,1,3,3-pentafluoropropane (HFC-245fa) 431630 1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 406586 1,1,1,3,3-pentafluorobutane (HFC-365mfc)422560 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca)507551 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb)354234 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a)

1615754 1-chloro-1-fluorethane (HCFC-151a)163702076 1,1,1,2,2,3,3,4,4-nonafluoro4-methoxy-butane (C 4F9OCH 3 or HFE-7100)

38 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission163702087 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF 3 ) 2CFCF2OCH 3 )
163702054 1-ethoxy-1,1,2,2,3,3,4,4,4-

nonafluorobutane (C 4F9OC 2H5 or HFE-7200)
163702065 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF 3 ) 2 CFCF2OC 2H5)
297730939 3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500) 71556 1,1,1-trichloroethane (methyl chloroform)

67641 acetone 25497294 1-chloro 1, 1-difluoroethane (HCFC-142b)75456 chlorodifluoromethane (HCFC22)593704 chlorofluoromethane (HCFC31)76153 chloropentafluoroethane (CFC115)63938103 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124)75718 dichlorodifluoromethane (CFC12) 1717006 1,1-dichloro 1-fluoroethane (HCFC-141b)1320372 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114)34077877 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123) 75376 1,1-difluoroethane (HFC-152a) 75105 difluoromethane (HFC-32)

74840 ethane 353366 ethylfluoride (HFC-161)

74828 methane 79209 methyl acetate 75092 methylene chloride (dichloromethane) 98566 parachlorobenzotrifluoride (PCBTF) 354336 pentafluoroethane (HFC-125) 127184 perchloroethylene (tetrachloroethylene) 359353 1,1,2,2-tetrafluoroethane (HFC-134) 811972 1,1,1,2-tetrafluoroethane (HFC-134a)
75694 trichlorofluoromethane (CFC-11)26523648 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113)306832 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123) 27987060 1,1,1-trifluoroethane (HFC-143a) 75467 trifluoromethane (HFC-23) 107313 methyl formate (HCOOCH 3 )

0 1,1,1,2,2,3,4,5,5,5-decafluoro3-methoxy-4-trifluoromethylpentane (C 2F5 CF(OCH 3 )CF(CF 3 ) 2 or HFE-7300) 108327 propylene carbonate (C 4H 6O 3 )
616386 dimethyl carbonate (C 3 H 6O 3 )
Perfluorocarbon compounds in the following

classes:

0 Cyclic, branched or linear, completely fluorinated alkanes

0 Cyclic, branched or linear, completely fluorinated ethers with
no unsaturations

0 Cyclic, branched or linear, completely methylated siloxanes

0 Cyclic, branched or linear, completely fluorinated tertiary
amines with no unsaturations0 Sulfur-containing perfluorocarbons with no unsaturations andwith sulfur bonds only to carbon and fluorine

VOC may be measured by a reference method, an equivalent method, an alternative method, or by procedures specified in either

10 CSR 10-6.030 or 40 CFR 60. These methods and procedures may measure nonreactive compounds, so an owner or operator must exclude these nonreactive compounds when determining compliance. B. The following compound(s) are considered VOC for purposes of all record keeping, emissions reporting, photochemicaldispersion modeling, and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements.

CAS # Compound 540885 t-butyl acetate

14. Volatile organic liquid—Any substance which is a liquid at storage conditions and which contains one (1) or more volatile organic compounds as defined in this rule. 15. Volatility—For purposes of 10 CSR 10-5.540 only, low volatility materials are defined as those which have a vapor pressure less than or equal to seventy-five (75) mmHg at twenty degrees Celsius (20 °C), moderate volatility materials have a vapor pressure greater than seventy-five (75) and less than or equal to one hundred fifty (150) mmHg at twenty degrees Celsius (20 °C), and high volatility materials have a vapor pressure greater than one hundred fifty (150) mmHgat twenty degrees Celsius (20 °C). To evaluate VOC volatility for single unit operations that service numerous VOCs or for processeshandling multiple VOCs, the weighted average volatility can be calculated from knowing the total amount of each VOC used in a year, and the individual component vapor pressure, per the equation in paragraph (1)(E)1. of 10

CSR 10-5.540.

(W) All terms beginning with “W.”

1. Wall-fired boiler—A boiler that has pulverized coal burners arranged on the wall of the furnace. The burners have discrete, individual flames that extend perpendicularly

into the furnace area.2. Washcoat—A transparent special-purpose coating having a solids content by weight of twelve percent (12%) or less. They are applied over initial stains to protect and

control color and to stiffen the wood fibers in order to aid sanding. 3. Washing—Purifying, cleaning, or removing impurities from coal by mechanical process, regardless of the cleaning medium

used.4. Washoff operations—Those operations in which organic solvent is used to remove coating from a substrate. 5. Waste generator—The business entity that is directly responsible for the supervision

of activities that result in the accumulation of friable asbestos-containing waste materials. 6. Waxy, heavy pour crude oil—A crudeoil with a pour point of fifty degrees Fahrenheit (50 °F) or higher as determined by the ASTM Standard D (97–66), Test for Pour Point of Petroleum Oils

. 7. Waterproof resorcinol glue—A two (2)-part resorcinol-resin-based adhesive designed for applications where the bond line

must be resistant to conditions of continuous

immersion in fresh or salt water. 8. Web—A printing process where a

continuous roll of substrate is fed into the

press. 9. Wet cleaning—The process of using water or other liquid and a wet brush, mop, cloth, sponge, or similar wet cleaning deviceto completely remove any residue of asbestoscontaining materials from surfaces on which they may be located. This definition does not

include the use of a wet vacuum cleaner.10. Wet scrubber—An add-on air pollution control device that utilizes an alkaline scrubbing liquor to collect particulate matter(including nonvaporous metals and condensed organics) and/or to absorb and neutralize acid gases. 11. Wood furniture—Any product made of wood, a wood product such as rattan or wicker, or an engineered wood product such as particleboard that is manufactured under any of the following standard industrial clas sification

CODE OF STATE REGULATIONS 39 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6codes: 2434, 2511, 2512, 2517, 2519, 2521, 2531, 2541, 2599, or 5712. 12. Wood furniture component—Any part that is used in the manufacture of woodfurniture. Examples include, but are not limited to, drawer sides, cabinet doors, seat cushions, and laminated tops.13. Wood furniture manufacturing operations—The finishing, cleaning, and washoff operations associated with the production ofwood furniture or wood furniture components. 14. Work area—A specific room or physically-isolated portion of a room, other than the space enclosed within a glove bag, in which friable asbestos-containing material is required to be handled in accordance with 10 CSR 10-6.240. The area is designated as a work area from the time that the room, orportion of it, is secured and access restrictions are in place. The area remains designated as a work area until the time that it hasbeen cleaned in accordance with any requirements applicable to these operations. 15. Working day—A day, or any part ofa day, in which a facility is engaged in manufacturing.

(X) All terms beginning with “X.” (Y) All terms beginning with “Y.” (Z) All terms beginning with “Z.”

(3) General Provisions. Common reference tables are provided in this section of the rule.

(A) Table 1—De Minimis Emission Levels.

Air Contaminant Emission Rate

Carbon monoxide 100.0 Nitrogen oxides 40.0

Particulate Matter

PM 25.0

PM 10 15.0

PM2.5 10.0

SO2 (PM2.5 precursor) 40.0

NO

x (PM2.5 precursor) 40.0
(emissions of nitrogen oxides are considered precursors to

PM2.5 unless the state or EPA
successfully demonstrates that emissions in a specific area are not a significant contributor to

that area’s ambient PM 2.5 concentrations)

Sulfur dioxide 40.0

Ozone

VOC (Ozone precursor) 40.0

NO

x (Ozone precursor) 40.0

Lead 0.6

Fluorides 3.0

(Excluding hydrogen fluoride)

Sulfuric acid mist 7.0 Hydrogen sulfide 10.0

Total reduced sulfur 10.0

(including hydrogen sulfide) Reduced Sulfur Compounds 10.0

(including hydrogen sulfide) Municipal waste combustor

organics 3.5 × 10 -6 (measured as total tetra-through
octa-chlorinated dibenzop-dioxins and dibenzofurans) Municipal waste combustor

metals 15.0 (measured as particulate matter) Municipal waste combustor

acid gases 40.0 (measured as sulfur dioxide and hydrogen chloride) Municipal solid waste landfill

emissions 50.0 (measured as nonmethane organic compounds) Hazardous Air Pollutant (each) 10.0

Sum of Hazardous Air

Pollutants 25.0 Note: All rates in tons per year.

(B) Table 2—List of Named Installations.

Named Installations 1. Coal cleaning plants (with thermal dryers) 2. Kraft pulp mills 3. Portland cement plants 4. Primary zinc smelters

5. Iron and steel mills 6. Primary aluminum ore reduction plants 7. Primary copper smelters 8. Municipal incinerators capable ofcharging more than 250 tons of refuse per day 9. Hydrofluoric, sulfuric, or nitric acid plants
10. Petroleum refineries 11. Lime plants 12. Phosphate rock processing plants

13. Coke oven batteries 14. Sulfur recovery plants 15. Carbon black plants (furnace process) 16. Primary lead smelters 17. Fuel conversion plants 18. Sintering plants 19. Secondary metal production plants 20. Chemical process plants 21. Fossil-fuel boilers (or combinationthereof) totaling more than 250 million British thermal units per hour heat input 22. Petroleum storage and transfer facilities with a capacity exceeding three hundred thousand (300,000)

barrels 23. Taconite ore processing facilities 24. Glass fiber processing plants 25. Charcoal production facilities

26. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat27. Any other stationary source category which, as of August 7, 1980, is being regulated under section 111

or 112 of the Act

(C) Table 3—Hazardous Air Pollutants.

CAS # Hazardous Air Pollutant 75070 Acetaldehyde

60355 Acetamide

75058 Acetonitrile 98862 Acetophenone 53963 2-Acetylaminofluorene

107028 Acrolein 79061 Acrylamide 79107 Acrylic acid 107131 Acrylonitrile 107051 Allyl chloride 92671 4-Aminobiphenyl

62533 Aniline

90040 o-Anisidine

1332214 Asbestos71432 Benzene (including from gasoline)

92875 Benzidine

98077 Benzotrichloride 100447 Benzyl chloride 92524 Biphenyl 117817 Bis(2-ethylhexyl)phthalate (DEHP) 542881 Bis(chloromethyl)ether

75252 Bromoform 106990 1,3-Butadiene 156627 Calcium cyanamide 133062 Captan 63252 Carbaryl

75150 Carbon disulfide

56235 Carbon tetrachloride 463581 Carbonyl sulfide

120809 Catechol

133904 Chloramben

57749 Chlordane

7782505 Chlorine

79118 Chloroacetic acid 532274 2-Chloroacetophenone

108907 Chlorobenzene

510156 Chlorobenzilate

67663 Chloroform 107302 Chloromethyl methyl ether 126998 Chloroprene 1319773 Cresols/Cresylic acid (isomers and mixture)

108394 m-Cresol

95487 o-Cresol 106445 p-Cresol

98828 Cumene

40 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission94757 2,4-D, salts and esters

3547044 DDE
334883 Diazomethane

132649 Dibenzofurans 96128 1,2-Dibromo-3-chloropropane 84742 Dibutylphthalate 106467 1,4-Dichlorobenzene(p) 91941 3,3-Dichlorobenzidene 111444 Dichloroethyl ether (Bis(2- chloroethyl)ether) 542756 1,3-Dichloropropene

62737 Dichlorvos

111422 Diethanolamine 121697 N,N-Diethyl aniline (N,N-Dimethylaniline) 64675 Diethyl sulfate 119904 3,3-Dimethoxybenzidine 60117 Dimethyl aminoazobenzene 119937 3,3-Dimethyl benzidine 79447 Dimethyl carbamoyl chloride 68122 Dimethyl formamide 57147 1,1-Dimethyl hydrazine

131113 D imethyl phthalate 77781 Dimethyl sulfate 534521 4,6-Dinitro-o-cresol and salts 51285 2,4-Dinitrophenol 121142 2,4-Dinitrotoluene123911 1,4-Dioxane (1,4-Diethyleneoxide) 122667 1,2-Diphenylhydrazine 106898 Epichlorohydrin (1-Chloro-2,3- epoxypropane) 106887 1,2-Epoxybutane 140885 Ethyl acrylate 100414 Ethyl benzene 51796 Ethyl carbamate (Urethane) 75003 Ethyl chloride (Chloroethane)106934 Ethylene dibromide (1,2-Dibromoethane) 107062 Ethylene dichloride (1,2- Dichloroethane) 107211 Ethylene glycol 151564 Ethylene imine (Aziridine) 75218 Ethylene oxide 96457 Ethylene thiourea 75343 Ethylidene dichloride (1,1- Dichloroethane) 50000 Formaldehyde 76448 Heptachlor

118741 Hexachlorobenzene

87683 Hexachlorobutadiene 77474 Hexachlorocyclopentadiene

67721 Hexachloroethane822060 Hexamethylene-1,6-diisocyanate 680319 Hexamethylphosphoramide

110543 Hexane 302012 Hydrazine 7647010 Hydrochloric acid 7664393 Hydrogen fluoride (hydrofluoric acid) 123319 Hydroquinone 78591 Isophorone 58899 Lindane (all isomers) 108316 Maleic anhydride

67561 Methanol 72435 Methoxychlor 74839 Methyl bromide (Bromomethane) 74873 Methyl chloride (Chloromethane) 71556 Methyl chloroform (1,1,1- Trichloroethane) 60344 Methyl hydrazine 74884 Methyl iodide (Iodomethane) 108101 Methyl isobutyl ketone (Hexone) 624839 Methyl isocyanate 80626 Methyl methacrylate 1634044 Methyl tert butyl ether101144 4,4-Methylene bis(2-chloroaniline) 75092 Methylene chloride (Dichloromethane)

101688 Methylene diphenyl diisocyanate (MDI) 101779 4,4-Methylenedianiline 91203 Naphthalene

98953 Nitrobenzene 92933 4-Nitrobiphenyl 100027 4-Nitrophenol 79469 2-Nitropropane 684935 N-Nitroso-N-methylurea 62759 N-Nitrosodimethylamine 59892 N-Nitrosomorpholine

56382 Parathion82688 Pentachloronitrobenzene (Quintobenzene) 87865 Pentachlorophenol

108952 Phenol 106503 p-Phenylenediamine 75445 Phosgene 7803512 Phosphine 7723140 Phosphorus 85449 Phthalic anhydride 1336363 Polychlorinated biphenyls (Aroclors) 1120714 1,3-Propane sultone 57578 beta-Propiolactone 123386 Propionaldehyde 114261 Propoxur (Baygon) 78875 Propylene dichloride (1,2- Dichloropropane) 75569 Propylene oxide75558 1,2-Propylenimine (2-Methylaziridine) 91225 Quinoline 106514 Quinone 100425 Styrene 96093 Styrene oxide1746016 2,3,7,8-Tetrachlorodibenzo-pdioxin 79345 1,1,2,2-Tetrachloroethane 127184 Tetrachloroethylene (Perchloroethylene)

7550450 Titanium tetrachloride

108883 Toluene 95807 2,4-Toluene diamine 584849 2,4-Toluene diisocyanate

95534 o-Toluidine8001352 Toxaphene (chlorinated camphene) 120821 1,2,4-Trichlorobenzene 79005 1,1,2-Trichloromethane 79016 Trichloroethylene 95954 2,4,5-Trichlorophenol 88062 2,4,6-Trichlorophenol 121448 Triethylamine

1582098 Trifluralin 540841 2,2,4-Trimethylpentane 108054 Vinyl acetate 593602 Vinyl bromide (bromoethene) 75014 Vinyl chloride 75354 Vinylidene chloride (1,1- Dichloroethylene) 1330207 Xylenes (isomers and mixture) 108383 m-Xylenes 95476 o-Xylenes 106423 p-Xylenes 0 Antimony Compounds 0 Arsenic Compounds (inorganic including arsine) 0 Beryllium Compounds 0 Cadmium Compounds 0 Chromium Compounds 0 Cobalt Compounds

0 Coke Oven Emissions 0 Cyanide Compounds 1

0 Glycol ethers 2 0 Lead Compounds 0 Manganese Compounds 0 Mercury Compounds

0 Fine mineral fibers 3 0 Nickel Compounds 0 Polycyclic Organic Matter4 0 Radionuclides (including
radon) 5 0 Selenium Compounds

Note : For all listings in this table that contain the word compounds and for glycol ethers,the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (that is, antimony,arsenic, and the like) as part of that chemical’s infrastructure.

1 X’CN where X–H’ or any other group

where a formal dissociation may occur, for example, KCN or Ca(CN) 2 .

2 Includes mono- and diethers of ethylene

glycol, diethylene glycol and triethylene

CODE OF STATE REGULATIONS 41 ROBIN CARNAHAN (4/30/12) Secretary of State 

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6glycol R-(OCH2CH2)n-OR’ where n = 1,
2, or 3; R = Alkyl or aryl groups; R’ = R, H, or groups which, when removed, yield glycol ethers with the structure R- (OCH2CH2)n-OH. Polymers and ethylene
glycol monobutyl ether are excluded from the glycol category.

3 Includes glass microfibers, glass wool

fibers, rock wool fibers, and slag wool fibers, each characterized as respirable (fiber diameter less than three and one-half (3.5) micrometers) and possessing an aspectratio (fiber length divided by fiber diameter) greater than or equal to three (3), as emitted from production of fiber and fiber products.

4 Includes organic compounds with more than

one (1) benzene ring, and which have a boiling point greater than or equal to one hundred degrees Celsius (100 °C).

5 A type of atom which spontaneously undergoes radioactive decay.

(4) Reporting and Record Keeping (Not Applicable)

(5) Test Methods (Not Applicable)

AUTHORITY: section 643.050, RSMo Supp. 2011, and section 643.055, RSMo 2000.* Original rule filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed Feb. 27, 1978, effective Dec. 11, 1978. Amended: Filed Aug. 11, 1978, effective April 12, 1979. Amended: Filed Nov. 14, 1978, effective June 11, 1979. Amended: Filed Dec. 15, 1978, effective June 11, 1979. Amended: Filed March 15, 1979, effective Nov. 11, 1979. Amended: Filed Dec. 10, 1979, effective April 11, 1980. Amended: Filed March 13, 1980, effective Sept. 12,1980. Amended: Filed Sept. 12, 1980, effective April 11, 1981. Amended: Filed Jan. 14, 1981, effective June 11, 1981. Amended: Filed March 11, 1981, effective Aug. 13,1981. Amended: Filed Nov. 10, 1981, effective May 13, 1982. Amended: Filed Dec. 10, 1981, effective June 11, 1982. Amended: Filed June 14, 1982, effective Dec. 11, 1982. Amended: Filed Aug. 13, 1982, effective Jan. 13, 1983. Amended: Filed Jan. 12, 1983, effective June 11, 1983. Amended: Filed Oct.13, 1983, effective March 11, 1984. Amended: Filed Oct. 15, 1984, effective May 11, 1985. Emergency amendment filed Nov. 9, 1984, effective Nov. 19, 1984, expired March 19, 1985. Amended: Filed Jan. 15, 1985, effective May 11, 1985. Amended: Filed July 3, 1985, effective Dec. 12, 1985. Amended: Filed Jan. 6, 1986, effective May 11, 1986. Amended: Filed Feb. 4, 1987, effective May 28, 1987. Amended: Filed April 2, 1987, effective Aug. 27, 1987. Amended: Filed Sept. 1, 1987, effective Dec. 24, 1987. Amended: Filed Jan. 5, 1988, effective April 28, 1988. Amended: Filed March 16, 1988, effective Aug. 25, 1988. Amended: Filed Oct. 4, 1988, effective March 11, 1989. Amended: Filed June 30, 1989, effective Nov. 26, 1989. Amended: Filed Jan. 24, 1990, effective May 24, 1990. Amended: Filed Jan. 3, 1991, effective Aug. 30, 1991. Amended: Filed March 31, 1992, effective Feb. 26, 1993. Amended: Filed Dec. 14, 1992, effective Sept. 9, 1993. Amended: Filed Sept. 2, 1993, effective May 9, 1994. Amended: Filed Dec. 15, 1994, effective Aug. 30, 1995. Amended: Filed Sept. 29, 1995, effective May 30, 1996. Amended: Filed Oct. 3, 1995, effective June 30, 1996. Amended: Filed Aug. 15, 1997, effective April 30, 1998. Amended: Filed July 29, 1998, effective May 30, 1999. Amended: Filed Sept. 22, 1999, effective May 30, 2000. Amended: Filed March 5, 2003, effective Oct. 30, 2003. Amended: Filed July 6, 2005, effective Feb. 28, 2006. Amended: Filed Feb. 4, 2008, effective Sept. 30, 2008. Amended: Filed April 26, 2010, effective Dec. 30, 2010. Amended: Filed Nov. 30, 2010, effective Aug. 30, 2011. Amended: Filed Sept. 16, 2011, effective May 30, 2012.

*Original authority: 643.050, RSMo 1965, amended 1972,1992, 1993, 1995, 2011 and 643.055, RSMo 1979, amended 1992, 1994, transferred 1986, formerly 203.055.

10 CSR 10-6.030 Sampling Methods for

Air Pollution Sources

PURPOSE: This rule defines methods forperforming emissions sampling on air pollution sources throughout Missouri, only asspecified by the Air Conservation Commission emission rules.

(1) Samples and velocity traverses for source sampling shall be conducted as specified by 40 CFR part 60 Appendix A Test Methods, Method 1—Sample and Velocity Traverses for Stationary Sources

.

(2) The velocity of stack gases is to be determined by measuring velocity head using a Type “S” (Stauscheibe or reverse type) pitot tube as specified by 40 CFR part 60, Appendix A—Test Methods, Method 2—Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S Pitot Tube)

.

(3) The carbon dioxide, oxygen, excess air and dry molecular weight contained in stack gases shall be determined as specified by 40 CFR part 60, Appendix A—Test Methods, Method 3—Gas Analysis for Carbon Dioxide, Oxygen, Excess Air and Dry Molecular Weight

.

(4) The moisture content in stack gases shall be determined as specified by 40 CFR part 60, Appendix A—Test Methods, Method 4— Determination of Moisture Content in Stack

Gases

.

(5) Particulate Matter Emissions.

(A) The concentration of particulate matter emissions in stack gases shall be determined as specified by 40 CFR part 60, Appendix
A—Test Methods, Method 5—Determination of Particulate Emissions from Stationary

Sources

.

(B) The quantity of particulate matter emissions from certain industrial processes asdetermined by the director shall be determined as specified by 40 CFR part 60, Appendix A—Test Methods, Method 17—

Determination of Particulate Emissions from Stationary Sources (In-Stack Filtration Method)

.

(C) The concentration of particulates of

PM 10 shall be determined as specified by 40 CFR part 51, Appendix M—Test Methods, Method 201—Determination of PM 10 Emis

- sions (Exhaust Gas Recycle Procedure)

. When water droplets are known to exist in
emissions, use Method 5 as defined in subsection (5)(A) of this rule and consider the particulate catch to be PM 10 emissions.

(D) The concentration of particulates of

PM 10 shall be determined as specified by 40 CFR part 51, Appendix M—Test Methods, Method 201A—Determination of PM 10 Emis

- sions (Constant Sampling Rate Procedure)

. When water droplets are known to exist inemissions, use Method 5 as defined in subsection (5)(A) of this rule and consider the particulate catch to be PM 10 emissions.

(E) The concentration of condensible particulate matter (CPM) emissions in stack gases shall be determined as specified by 40 CFR part 51, Appendix M—Test Methods, Method 202—Determination of Condensible Particulate Emissions from Stationary

Sources . EPA Conditional Test Method 039— Measurement of PM 2.5 and PM 10 Emissions By Dilution Sampling (Constant Sampling Rate Procedures—July 2004) may be used to

determine the total PM 10 and PM2.5 fractionof filterable particulate matter including condensibles.

42 CODE OF STATE REGULATIONS (4/30/12) ROBIN C ARNAHAN Secretary of State 

## 10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission

## Order of Rulemaking



## Compliant with 643.055 RSMo, the Missouri Air Conservation Commission has
determined that this action is needed to have a U.S. Environmental Protection Agency approved State Implementation Plan

.

10 CSR 10-6

. 020 (amendment) Definitions and Common Reference Tables is hereby AMENDED 

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

, 2012

. r-..



## , Chairman

, Vice Chairman

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_______________ ,Member

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____________________________ , Member

______________________________ ,Member

_______________________________ , Member

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

# PUBLISHER'S AFFIDAVIT

STATE OF MISSOURI,) )ss.


# COUNTY OF COLE)

Mike Vivion being duly sworn, according to law, says he is Vice President of Central

Missouri Newspapers, Inc., Publisher of the News Tribune, a newspaper printed and published in the County of Cole, and State aforesaid; that said newspaper has been published continuously for more than three years; and that the notice hereto attached was published in said paper in compliance with the provisions of Section 493.050

R.S. of Mo. For 2000 as amended for

___ 1_t_im_e

___ 

## as follows:

1 st 

## insertion, No.

_______ 6_th

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## day of

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## 2 nd 

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___________ day of

, 20

5 th 

## insertion, No.

_________ day of ,20

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Fee: $301.00 

# 2Jt;t**I/~**

10th 

## Subscribed and sworn to before me this

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## 11 November 

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# My term as Notary Public expires

______________MISSOURI AIR CONSERVATION COMMISSION
WILL HOLD PUBLIC HEARING JEFFERSON CITY, MO The Missouri Air Conservation Commission will
hold a public hearing on the use of fuel in hand-fired equipment; coal washing; control of emissions from mdustrial processes, solvent cleaning operations, and municipal solid waste landfills; and definitions and common reference tables on Thursday, December 8, 2011. The Public Hearing will begin at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street,
Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. The commission will hear testimony related to the following item(s). * 10 CSR 10-5.040 (amendment) Use of Fuel in Hand-Fired Equipment Prohibited This proposed amendment will allow the burning of certain fuels, such as clean wood and biomass, in non-residential hand-fired equipment in the St.
Louis Metropolitan area. Combustion practices and restrictions will be specified to ensure the eqUipment is operated in an environmentally-sound

manner. 

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

### * 10 CSR 10-5.130 (amendment) Certain Coals to be Washed
This proposed amendment will update the area specific indirect heating rule references with the new statewide consolidated indirect heating rule 10 CSR
10-6.405 that became effective October 30, 2011. * 10 CSR 10-6.020 (amendment) Definitions and Common Reference Tables
This proposed amendment will update the area specific indirect heating rule
references with the new statewide consolidated indirect heating rule 10 CSR
10-6.405 that became effective October 30, 2011. At the same time, this rulemaking adds definitions of particulate matter for consistency with a December 2010 federal register notice that updated the federal definitions of particulate matter and removes the reference to 10 CSR 10-6.010 which is

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

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

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

comments for the record until 5 p.m. on December 15, 2011; please send
written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments regarding rule actions shall be sent to apcprulespn@dnr.mo.gov and
email comments regarding plan actions shall be sent to apcpsip@dnr.mo.gov

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

## PUBLIC HEARING 12/8/2011

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

BEFORE THE AIR CONSERVATION COMMISSION

STATE OF MISSOURI

DECEMBER 8, 2011

MISSOURI AIR CONSERVATION COMMISSION

PUBLIC HEARING
Elm Street Conference Center

1730 East Elm Street

Lower Level Bennett Springs Conference Room Jefferson City, Missouri 65101

9:00 a.m.

BEFORE:

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

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

REPORTED BY:

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

1-800-280-3376

## PUBLIC HEARING 12/8/2011

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

## MIDWEST LITIGATION SERVICES Page 2

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

2 CHAIRMAN GARNETT: The hearing will come

3 to order. Let the record show the following

4 Commissioners are present: Mark Garnett, David

5 Zimmermann, Gary Pendergrass, Ron Boyer and Jack

6 Baker.

7 The Air Conservation Commission of the

8 State of Missouri has called this public hearing

9 pursuant to Section 643.070, Revised Statutes of

10 Missouri, EPA promulgated rule 40 CFR 51.102 for the

11 purpose of hearing testimony relating to:

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

14 (amendment) Control of Emissions from Industrial

15 Solvent Cleaning Operations; 10 CSR 10-5.130

16 (amendment) Certain Coals to be Washed;

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

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

19 Restriction of Emission of Particulate Matter From

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

21 Municipal Solid Waste Landfills; 10 CSR 10-6.310

22 (amendment) Restriction of Emissions from Municipal

23 Solid Waste Landfills; Missouri State Implementation

24 Plan Revision - 2013 Cross-State Air Pollution Rule

25 State Allowance Allocations for Existing Units For

## PUBLIC HEARING 12/8/2011

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

## MIDWEST LITIGATION SERVICES Page 13

1 Street in Jefferson City, Missouri. I'm here to

2 present testimony for the proposed amendment to

3 10 CSR 10-5.130, Certain Coals to Be Washed. The

4 information begins on page 109 of the briefing

5 document.

6 The proposed amendment will revise the

7 rule purpose by replacing the area specific indirect

8 heating rule reference with the new statewide

9 indirect heating rule. If the Commission adopts this

10 rule action, it will be the Department's intention to

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

12 Protection Agency to replace the current rule that is

13 in the Missouri State Implementation Plan.

14 Mr. Chairman, that concludes my

15 testimony. I will be happy to answer any questions

16 you might have specific to these rule amendments.

17 CHAIRMAN GARNETT: Okay.

18 MR. BASHAM: Mr. Chairman, members of

19 the Commission, my name is Aaron Basham. I'm

20 employed with the Missouri Department of Natural

21 Resources Air Pollution Control Program as an

22 environmental engineer. I work at 1659 East Elm

23 Street in Jefferson City, Missouri. I am here to

24 present testimony for the proposed amendment to

25 10 CSR 10-6.020, Definitions and Common Reference

## PUBLIC HEARING 12/8/2011

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

## MIDWEST LITIGATION SERVICES Page 14

1 Tables. The rule information begins on page 111 of

2 the briefing document.

3 The proposed rule changes to

4 10 CSR 10-6.020 are as follows: Add new definitions

5 of particulate matter for consistency with a December

6 2010 Federal Register notice that updated the federal

7 definitions of particulate matter which distinguishes

8 filterable and condensable components.

9 Add a phrase to the applicability

10 section that a 10 CSR 10-6.020 definition takes

11 precedence over any definition in other rules, with

12 the exception of definitions found in 10 CSR 10-6.060,

13 Construction Permits Required.

14 Replace the area specific indirect

15 heating rule references with the new statewide

16 consolidated indirect heating rule 10 CSR 10-6405

17 that was adopted by the Missouri Air Conservation

18 Commission on June 30, 2011.

19 Clarify the definition of Modification

20 to reflect that it applies differently for rule

21 10 CSR 10-6.310, Restriction of Emissions From

22 Municipal Solid Waste Landfills.

23 Replace the reference to 10 CSR 10-6.010

24 with the federal equivalent in the definitions

25 Criteria pollutant or standard and National ambientAUTHORITY: section 643.050, RSMo [Supp. 1998] 2000. Original rule filed May 15, 1996, effective Dec. 30, 1996. Amended: Filed Oct. 7, 1999, effective July 30, 2000. Amended: Filed Sept. 26, 2011.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost private entities more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., December 8, 2011. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., December 15, 2011. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102- 0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.020 Definitions and Common Reference Tables . The commission proposes to amend section (1) and subsections (2)(C), (2)(E), (2)(M), (2)(N), and (2)(P). 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 defines key words and expressions used in chapters 1 through 6 and provides common reference tables. Thepurpose of this rulemaking is to update the references to the area specific indirect heating rules with the new statewide consolidated indirect heating rule. At the same time, particulate matter definitions are being added for consistency with federal definitions and a reference to rule 10 CSR 10-6.010 is being removed since it is redundant. Theevidence 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 and a Federal Register Notice dated December 21, 2010 which incorporates updated definitions of the various forms of particulate

matter.

(1) Applicability. This rule shall apply throughout Missouri defining terms and expressions used in all Title 10, Division 10—Air
Conservation Commission rules. If a definition in this rule conflicts with a definition in any other rule, the definition in 10 CSR 10-6.020 shall take precedence with the exception of definitions pertaining to 10 CSR 10-6.060. (2) Definitions. (C) All terms beginning with “C.”

1. CAA—The Clean Air Act, as amended; see also Act.2. Camouflage coating—A coating, used principally by the military, to conceal equipment from detection. 3. Capacity factor—Ratio (expressed as a percentage) of a powergenerating unit’s actual annual electric output (expressed in MWehr) divided by the unit’s nameplate capacity multiplied by eight thousand seven hundred sixty (8,760) hours. 4. Capture device—A hood, enclosed room, floor sweep, or other means of collecting solvent emissions or other pollutants into a duct so that the pollutant can be directed to a pollution control
device such as an incinerator or carbon adsorber. 5. Capture efficiency—The fraction of all organic vapors or other pollutants generated by a process that is directed to a control
device. 6. CARB—California Air Resources Board, 2020 L Street, PO Box 2815, Sacramento, CA 95812. 7. Carbon adsorption system—A device containing adsorbent material (for example, activated carbon, aluminum, silica gel); aninlet and outlet for exhaust gases; and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds (VOC)
adsorbed.8. Cargo tank—A delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately-previous load. 9. Catalytic incinerator—A control device using a catalyst to allow combustion to occur at a lower temperature. 10. Category I nonfriable ACM—Asbestos-containing packings,gaskets, resilient floor covering, and asphalt roofing products containing more than one percent (1%) asbestos as determined using the method specified in 40 CFR 763, subpart E, Appendix E, section 1, Polarized Light Microscopy.11. Category II nonfriable ACM—Any material, excluding category I nonfriable ACM, containing more than one percent (1%) asbestos as determined using the method specified in 40 CFR 763, subpart E, Appendix E, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. 12. Caulking and smoothing compound—A semi-solid material that is used to aerodynamically smooth exterior vehicle surfaces or
fill cavities such as bolt hole accesses. A material shall not be classified as a caulking and smoothing compound if it can be classified
as a sealant.
13. Cause or contribute to a new violation—A federal action
that— A. Causes a new violation of a national ambient air quality standard (NAAQS) at a location in a nonattainment or maintenance
area which would otherwise not be in violation of the standard during the future period in question if the federal action were not taken;

or B. Contributes, in conjunction with other reasonably foreseeable actions, to a new violation of a NAAQS at a location in a nonattainment or maintenance area in a manner that would increase the frequency or severity of the new violation. 14. Caused by, as used in the terms “direct emissions” and
“indirect emissions”—Emissions that would not otherwise occur in
the absence of the federal action. 15. Ceramic tile installation adhesive—An adhesive intended by
the manufacturer for use in the installation of ceramic tiles. 16. Certified product data sheet—Documentation furnished by acoating supplier or an outside laboratory that provides the VOC content by percent weight, the solids content by percent weight, and density of a finishing material, strippable booth coating, or solvent, measured using the EPA Method 24[,] or an equivalent or alternativemethod (or formulation data, if approved by the director). The purpose of the certified product data sheet is to assist the affected source 

## Page 2246 Proposed Rules November 1, 2011 Vol. 36, No. 21in demonstrating compliance with the emission limitations. Therefore, the VOC content should represent the maximum VOC emission potential of the finishing material, strippable booth coating,
or solvent.17. Charcoal kiln—Any closed structure used to produce charcoal by controlled burning (pyrolysis) of wood. Retorts and furnaces used for charcoal production are not charcoal kilns.18. Charcoal kiln control system—A combination of an emission control device and connected charcoal kiln(s).19. Chemical milling maskant—A coating that is applied directly to aluminum components to protect surface areas when chemical milling the component with a Type I or Type II etchant. Type I chemical milling maskants are used with a Type I etchant, and Type II chemical milling maskants are used with a Type II etchant. This definition does not include bonding maskants, critical use and line sealer maskants, and seal coat maskants. Maskants that must be used with a combination of Type I or Type II etchants and any of the above types of maskants are also not included in this definition. 20. Chemotherapeutic waste—Waste material resulting from the production or use of antineoplastic agents used for the purpose of stopping or reversing the growth of malignant cells. 21. Circumvention—Building, erecting, installing, or using any article, machine, equipment, process, or method which, when used,
would conceal an emission that would otherwise constitute a violation of an applicable standard or requirement. That concealment includes, but is not limited to, the use of gaseous adjutants to achievecompliance with a visible emissions standard, and the piecemeal carrying out of an operation to avoid coverage by a standard that applies only to operations larger than a specific size.22. Class I hardboard—A hardboard panel that meets the specifications of Voluntary Product Standard PS 59-73 as approved by the
American National Standards Institute. 23. Class II finish—A finish applied to hardboard panels that meets the specifications of Voluntary Product Standard PS 59-73 as approved by the American National Standards Institute.
24. Clean room—An uncontaminated area or room which is a part of the worker decontamination enclosure system. 25. Clean scanning—The illegal act of connecting the On-BoardDiagnostics (OBD) cable or wireless transmitter to the data link connector of a vehicle other than the vehicle photographed and identified on the emissions VIR for the purpose of bypassing the required OBD test procedure.26. Cleaning operations—processes of cleaning products, product components, tools, equipment, or general work areas during production, repair, maintenance or servicing, including, but not limitedto, spray gun cleaning, spray booth cleaning, large and small manufactured component cleaning, parts cleaning, equipment cleaning, line cleaning, floor cleaning, and tank cleaning, at sources with
emission units. 27. Cleaning solution—A liquid solvent used to remove printing ink and debris from the surfaces of the printing press and its parts. Cleaning solutions include, but are not limited to, blanket wash,roller wash, metering roller cleaner, plate cleaner, impression cylinder washes, and rubber rejuvenators. 28. Clear coat—A coating which lacks color and opacity or is transparent and uses the undercoat as a reflectant base or undertone color. This term also includes corrosion preventative coatings used for the interior of drums or pails. 29. Clear wood finishes—Clear and semi-transparent topcoats applied to wood substrates to provide a transparent or translucent
film. 30. Clinker—The product of a Portland cement kiln from which finished cement is manufactured by milling and grinding.
31. Closed container—A container with a cover fastened in place so that it will not allow leakage or spilling of the contents. 32. Closed landfill—A landfill in which solid waste is no longerbeing placed and in which no additional wastes will be placed without first filing a notification of modification as prescribed under 40 CFR 60.7(a)(4). Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed. 33. Closure—That point in time when a landfill becomes a
closed landfill. 34. Coating—A protective, decorative, or functional material applied in a thin layer to a surface. Such materials include, but are not limited to, paints, topcoats, varnishes, sealers, stains, washcoats,basecoats, inks, and temporary protective coatings. For the purposes of 10 CSR 10-5.330, coating does not include ink used in printing operations regulated under 10 CSR 10-5.340 and 10 CSR 10-
5.442. 35. Coating applicator—An apparatus used to apply a surface coating. 36. Coating line—One (1) or more apparatus or operations which include a coating applicator, flash-off area, and oven where a surface coating is applied, dried, or cured, or a combination of these. 37. Coating solids (or “solids”)—The part of the coating thatremains after the coating is dried or cured; solids content is determined using data from EPA Method 24[,] or an alternative or equivalent method. 38. Co-fired combustor—A unit combusting hospital waste
and/or medical/infectious waste with other fuels or wastes and subject to an enforceable requirement limiting the unit to combusting a fuel feed stream, ten percent (10%) or less of the weight of which is comprised, in aggregate, of hospital waste and medical/infectious waste as measured on a calendar-quarter basis. For purposes of thisdefinition, pathological waste, chemotherapeutic waste, and lowlevel radioactive waste are considered “other wastes” when calculating the percentage of hospital waste and medical/infectious waste
combusted. 39. Cogenerator—For the purposes of paragraph (1)(A).3. of 10 CSR 10-6.364 only, cogenerator is a facility which— A. For a unit that commenced construction on or prior to November 15, 1990, was constructed for the purpose of supplying equal to or less than one-third (1/3) its potential electrical output capacity or equal to or less than two hundred nineteen thousand (219,000) MWe-hrs actual electric output on an annual basis to any utility power distribution system for sale (on a gross basis). If the purpose of construction is not known, the administrator will presume that actual operation from 1985 through 1987 is consistent with such purpose. However, if in any three (3)-calendar-year period after November 15, 1990, such unit sells to a utility power distributionsystem an annual average of more than one-third (1/3) of its potential electrical output capacity and more than two hundred nineteen thousand (219,000) MWe-hrs actual electric output (on a gross basis), that unit shall be an affected unit, subject to the requirements of the acid rain program; or
B. For units which commenced construction after November 15, 1990, supplies equal to or less than one-third (1/3) its potentialelectrical output capacity or equal to or less than two hundred nineteen thousand (219,000) MWe-hrs actual electric output on an annual basis to any utility power distribution system for sale (on a gross basis). However, if in any three (3)-calendar-year period after November 15, 1990, such unit sells to a utility power distributionsystem an annual average of more than one-third (1/3) of its potential electrical output capacity and more than two hundred nineteen thousand (219,000) MWe-hrs actual electric output (on a gross basis), that unit shall be an affected unit, subject to the requirements of the acid rain program.40. Cold cleaner—Any device or piece of equipment that contains and/or uses liquid solvent, into which parts are placed to remove soils from the surfaces of the parts or to dry the parts. Cleaning machines that contain and use heated nonboiling solvent to clean the parts are classified as cold cleaning machines. 41. Cold rolling mill—Batch process aluminum sheet rolling mill with a preset gap between the work rolls used to reduce the sheet thickness. The process generally occurs at temperatures below two 

## Page 2247 November 1, 2011 Vol. 36, No. 21 

### Missouri Registerhundred sixty-five degrees Fahrenheit (265 °F). A cold rolling mill is used mainly for the production of aluminum sheet at gauges between three-tenths of one inch to two-thousands of one inch (0.3" to 0.002"). Reductions to finish gauge may occur in one (1) pass or several passes. 42. Combined cycle system—A system comprised of one (1) or more combustion turbines, heat recovery steam generators, and steam turbines configured to improve overall efficiency of electricity generation or steam production.
43. Combustion turbine—An enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.44. Commenced—An owner or operator has undertaken a continuous program of construction or modification, has entered into a binding agreement, or has contractual obligation to undertake andcomplete within a reasonable time a continuous program of construction or modification. 45. Commenced commercial operation—With regard to a unit that serves a generator, to have begun to produce steam, gas, or other heated medium used to generate electricity for sale or use, including test generation. For the purpose of 10 CSR 10-6.360 only, the date of commencement of commercial operation shall be as follows: A. Except as provided in subsection (1)(E) of 10 CSR 10- 6.360, for a unit that is a NO

x budget unit under section (1) of 10CSR 10-6.360 on the date the unit commences commercial operation, such date shall remain the unit’s date of commencement of commercial operation even if the unit is subsequently modified, reconstructed, or repowered; and B. Except as provided in subsections (1)(E) or (3)(H) of 10 CSR 10-6.360, for a unit that is not a NO

x budget unit under section (1) of 10 CSR 10-6.360 on the date the unit commences commercial operation, the date the unit becomes a NO

x budget unit under section (1) of 10 CSR 10-6.360 shall be the unit’s date of commencement of commercial operation. 46. Commenced operation—The initial setting into operation of any air pollution control equipment or process equipment. For the purpose of 10 CSR 10-6.360 only, commenced operation is to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit’s combustion chamber and the date of commencement of operation shall be as follows: A. Except as provided in subsection (1)(E) of 10 CSR 10- 6.360, for a unit that is a NO

x budget unit under section (1) of 10 CSR 10-6.360 on the date of commencement of operation, such date shall remain the unit’s date of commencement of operation even if the unit is subsequently modified, reconstructed, or repowered; and B. Except as provided in subsection (1)(E) of 10 CSR 10- 6.360 or subsection (3)(H) of 10 CSR 10-6.360, for a unit that is not
a NO

x budget unit under section (1) of 10 CSR 10-6.360 on the date of commencement of operation, the date the unit becomes a NO

x budget unit under section (1) of 10 CSR 10-6.360 shall be the unit’s date of commencement of operation.
47. Commercial HMIWI—An HMIWI which offers incineration services for hospital/medical/infectious waste generated offsite by firms unrelated to the firm that owns the HMIWI.48. Commercial solid waste—All types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.49. Commercial vehicle—Any motor vehicle, other than a passenger vehicle, and any trailer, semitrailer, or pole trailer drawn by such motor vehicle, that is designed, used, and maintained for the transportation of persons or property for hire, compensation, profit, or in the furtherance of a commercial enterprise.
50. Commercial/Institutional boiler—A boiler used in commercial establishments or institutional establishments such as medicalcenters, institutions of higher education, hotels, and laundries to provide electricity, steam, and/or hot water.
51. Commission—The Missouri Air Conservation Commission established pursuant to section 643.040, RSMo. 52. Common stack—A single flue through which emissions from two (2) or more NO

x units are exhausted. 53. Compliance account—A NO

x allowance tracking system account, established for an affected unit, in which the NO

x allowance allocations for the unit are initially recorded and in which are held
NO

x allowances available for use by the unit for a control period for the purpose of meeting the unit’s NO

x emission limitation. 54. Compliance certification—A submission to the director or the administrator, that is required to report a NO

x budget source’s or
a NO

x budget unit’s compliance or noncompliance with stated requirements and that is signed by the NO

x authorized account representative in accordance with 10 CSR 10-6.360. 55. Compliance cycle—The two (2)-year duration during which a subject vehicle in the enhanced emissions inspection program area is required to comply with sections 643.300–643.355, RSMo. A. For private-entity vehicles, the compliance cycle beginssixty (60) days prior to the subject vehicle’s registration and biennial license plate tab expiration. B. For public-entity vehicles, the compliance cycle begins on January 1 of each even-numbered calendar year. The compliance cycle ends on December 31 of each odd-numbered calendar year. 56. Compliant coating—A finishing material or strippable booth coating that meets the emission limits as specified.57. Condensate (hydrocarbons)—A hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure, or both, and remains liquid at standard conditions. 58. Condenser—Any heat transfer device used to liquefy vaporsby removing their latent heats of vaporization including, but not limited to, shell and tube, coil, surface, or contact condensers.59. Conference, conciliation, and persuasion—A process of verbal or written communications, including but not limited to meetings, reports, correspondence, or telephone conferences between authorized representatives of the department and the alleged violator. The process shall, at minimum, consist of one (1) offer to meet with the alleged violator tendered by the department. During any such meeting, the department and the alleged violator shall negotiate in good faith to eliminate the alleged violation and shall attempt to agree upon a plan to achieve compliance. 60. Confidential business information—Secret processes, secret methods of manufacture or production, trade secrets
, and other information possessed by a business that, under existing legal concepts, the business has a right to preserve as confidential[,] and to limit its use by not disclosing it to others in order that the business may obtainor retain business advantages it derives from its rights in the information. For the purpose of 10 CSR 10-6.300, confidential businessinformation (CBI) is information that has been determined by a federal agency, in accordance with its applicable regulations, to be a trade secret, or commercial or financial information obtained from a person and privileged or confidential and is exempt from required disclosure under the Freedom of Information Act (5 U.S.C. 552(b)(4)). 61. Conformity determination—The evaluation (made after an applicability analysis is completed) that a federal action conforms to the applicable implementation plan and meets the requirements of
rule 10 CSR 10-6.300.62. Conformity evaluation—The entire process from the applicability analysis through the conformity determination that is used to demonstrate that the federal action conforms to the requirements of
rule 10 CSR 10-6.300. 63. Conservation vent—Any valve designed and used to reduce evaporation losses of VOC by limiting the amount of air admitted to, or vapors released from, the vapor space of a closed storage vessel. 64. Construction—Fabricating, erecting, reconstructing, or installing a source operation. Construction shall include installation of building supports and foundations, laying of underground pipework, building of permanent storage structures, and other construction activities related to the source operation. 

## Page 2248 Proposed Rules November 1, 2011 Vol. 36, No. 2165. Contact adhesive—An adhesive that— A. Is designed for application to both surfaces to be bonded together; B. Is allowed to dry before the two (2) surfaces are placed in contact with each other; C. Forms an immediate bond that is impossible, or difficult,to reposition after both adhesive-coated surfaces are placed in contact with each other; and D. Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both
surfaces. Contact adhesive does not include rubber cements that are primarily intended for use on paper substrates. Contact adhesive also does not include vulcanizing fluids that are designed and labeled for tire repair only. 66. Containment—The area where an asbestos abatement project is conducted. The area must be enclosed either by a glove bag or plastic sheeting barriers. 67. Continuing program responsibility—A federal agency has responsibility for emissions caused by actions it takes itself or actionsof non-federal entities that the federal agency, in exercising its normal programs and authorities, approves, funds, licenses, or permits, provided the agency can impose conditions on any portion of the
action that could affect the emissions. 68. Continuous coater—A finishing system that continuouslyapplies finishing materials onto furniture parts moving along a conveyor system. Finishing materials that are not transferred to the partare recycled to the finishing material reservoir. Several types of application methods can be used with a continuous coater including spraying, curtain coating, roll coating, dip coating, and flow coating. 69. Continuous emissions monitoring system (CEMS)— Monitoring system for continuously measuring and recording the emissions of a pollutant from an affected facility. For the purposesof 10 CSR 10-6.350 and 10 CSR 10-6.360, CEMS means the equipment required to sample, analyze, measure, and provide, by readingstaken at least once every fifteen (15) minutes of the measured parameters, a permanent record of nitrogen oxides emissions, expressedin tons per hour for nitrogen oxides. The following systems are component parts included, consistent with 40 CFR 75, in a continuous emissions monitoring system: A. Flow monitor; B. Nitrogen oxides pollutant concentration monitors; C. Diluent gas monitor (oxygen or carbon dioxide) when such monitoring is required; D. A continuous moisture monitor when such monitoring is required; and E. An automated data acquisition and handling system. 70. Continuous HMIWI—An HMIWI that is designed to allow waste charging and ash removal during combustion.71. Continuous opacity monitoring system (COMS)—All equipment required to continuously measure and record the opacity of emissions within a stack or duct. COMS consists of sample interface, analyzer, and data recorder components and usually includes, at a minimum, transmissometers, transmissometer control equipment, and data transmission, acquisition, and recording equipment. 72. Continuous program to implement—The federal agency has started the action identified in the plan and does not stop the actionsfor more than an eighteen (18)-month period, unless it can demonstrate that such a stoppage was included in the original plan. 73. Continuous recorder—A data recording device recording an instantaneous data value at least once every fifteen (15) minutes.74. Contractor—The state contracted company who shall implement the decentralized motor vehicle emissions inspection programas specified in sections 643.300–643.355, RSMo, and the state contracted company who shall implement the acceptance test procedure. 75. Control device—Any equipment that reduces the quantity of a pollutant that is emitted to the air. The device may destroy or secure the pollutant for subsequent recovery. Includes, but is not limited to, incinerators, carbon adsorbers, and condensers. 76. Control device efficiency—The ratio of the pollutionreleased by a control device and the pollution introduced to the control device, expressed as a fraction. 77. Control period—The period beginning May 1 of a calendar year and ending on September 30 of the same calendar year. 78. Control system—The combination of capture and control devices used to reduce emissions to the atmosphere. 79. Controlled landfill—Any landfill at which collection andcontrol systems are required under this rule as a result of the nonmethane organic compounds emission rate. The landfill is considered controlled if a collection and control system design plan is submitted in compliance with the applicable rule. 80. Conventional air spray—A spray coating method in which the coating is atomized by mixing it with compressed air at an air pressure greater than ten (10) pounds per square inch (gauge) at thepoint of atomization. Airless and air-assisted airless spray technologies are not conventional air spray because the coating is not atomized by mixing it with compressed air. Electrostatic spray technology is also not considered conventional air spray because an electrostatic charge is employed to attract the coating to the workpiece. 81. Conveyorized degreaser—A type of degreaser in which the parts are loaded continuously. 82. Cove base—A flooring trim unit, generally made of vinyl or rubber, having a concave radius on one (1) edge and a convex radius on the opposite edge that is used in forming a junction between the
bottom wall course and the floor or to form an inside corner. 83. Cove base installation adhesive—An adhesive intended by
the manufacturer to be used for the installation of cove base or wall
base on a wall or vertical surface at floor level. 84. Criteria pollutant or standard—Any pollutants for which there is established a NAAQS at 40 CFR 50 [and air quality standards have been established in 10 CSR 10-6.010]

. 85. Crude oil—A naturally-occurring mixture which consists ofhydrocarbons and sulfur, nitrogen, or oxygen derivatives, or a combination of these, of hydrocarbons which is a liquid at standard conditions. 86. Custody transfer—The transfer of produced crude oil orcondensate, or both, after processing or treating, or both, in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.87. Cutback asphalt—Any asphaltic cement that has been liquefied by blending with VOC liquid diluents. 88. Cyanoacrylate adhesive—An adhesive with a cyanoacrylate content of at least ninety-five percent (95%) by weight.89. Cyclone boiler—A boiler with a horizontal, cylindrical furnace that burns crushed, rather than pulverized, coal. 90. Cyclone EGU—An electric generating unit (EGU) with afossil-fuel-fired boiler consisting of one (1) or more horizontal cylindrical barrels that utilize tangentially applied air to produce a swirling combustion pattern of coal and air.

(E) All terms beginning with “E.”

1. Early reduction credit (ERC)—NO

x emission reductions inthe years 2000, 2001, 2002, and 2003 that are below the limits specified in subsection (3)(A) of 10 CSR 10-6.350; ERCs will only beavailable for use during the years of 2004 and 2005. When calculating ERCs or performing calculations involving ERCs, ERCs shall always be rounded down to the nearest ton. 2. Economic benefit—Any monetary gain which accrues to a violator as a result of noncompliance. 3. E85—Ethanol-gasoline blend containing eighty-five percent (85%) denatured ethanol and fifteen percent (15%) gasoline that also meets the standard specification requirements of the most recent update to ASTM D 5798. 4. Electric dissipating coating—A coating that rapidly dissipates a high-voltage electric charge. 5. Electric generating unit (EGU)—Any fossil-fuel-fired boiler 

## Page 2249 November 1, 2011 Vol. 36, No. 21 

### Missouri Registeror turbine that serves an electrical generator with the potential to use more than fifty percent (50%) of the usable energy from the boiler or turbine to generate electricity.6. Electric-insulating and thermal conducting coating—A coating that displays an electrical insulation of at least one thousand (1,000) volts DC per mil on a flat test plate and an average thermal conductivity of at least twenty-seven hundredths British thermal units (0.27 Btu) per hour-foot-degree-Fahrenheit. 7. Electric-insulating varnish—A non-convertible-type coating applied to electric motors, components of electric motors, or power transformers, to provide electrical, mechanical, and environmental protection or resistance.8. Electrodeposition primer (EDP)—A protective, corrosionresistant waterborne primer on exterior and interior surfaces that provides thorough coverage of recessed areas. It is a dip coatingmethod that uses an electrical field to apply or deposit the conductive coating onto the part. The object being painted acts as an electrode that is oppositely charged from the particles of paint in the dip
tank. 9. Electronic component—All portions of an electronic assembly, including, but not limited to, circuit board assemblies, printed wire assemblies, printed circuit boards, soldered joints, ground wires, bus bars, and associated electronic component manufacturing equipment such as screens and filters. 10. Electrostatic preparation coat—A coating that is applied toa plastic part solely to provide conductivity for the subsequent application of a prime, topcoat, or other coating through the use of electrostatic application methods. An electrostatic preparation coat is clearly identified as an electrostatic preparation coat on its material safety data sheet. 11. Emergency—A situation where extremely quick action onthe part of the federal agencies involved is needed and where the timing of such federal activities makes it impractical to meet the requirements of 10 CSR 10-6.300, such as natural disasters like hurricanes or earthquakes, civil disturbances such as terrorist acts, and military
mobilizations.12. Emergency asbestos abatement project—An asbestos abatement project that must be undertaken immediately to prevent imminent severe human exposure or to restore essential facility operation. 13. Emergency standby boiler—For the purpose of 10 CSR 10- 5.510 only, a boiler operated during times of loss of primary power at the installation that is beyond the control of the owner or operator, during routine maintenance, to provide steam for building heat; or to protect essential equipment. 14. Emergency standby engine—For the purpose of 10 CSR 10-6.390, an internal combustion engine used only when normal electrical power or natural gas service is interrupted or for the emergencypumping of water for either fire protection or flood relief. An emergency standby engine may not be operated to supplement a primary power source when the load capacity or rating of the primary power
source has been either reached or exceeded. 15. Emergency standby generator—For the purpose of 10 CSR10-6.350 only, a generator operated only during times of loss of primary power at the facility that is beyond the control of the owner or operator of the facility or during routine maintenance. 16. Emergency stationary combustion turbine—For the purpose of 10 CSR 10-5.510 only, a stationary combustion turbine operated only during times of loss of primary power at the facility that is beyond the control of the owner or operator of the facility or during
routine maintenance. 17. Emergency stationary internal combustion engine—For the purpose of 10 CSR 10-5.510 only, a stationary internal combustionengine used to drive pumps, aerators, or other equipment only during times of loss of primary power at the facility that is beyond the control of the owner or operator of the facility or during routine
maintenance.18. EMI/RFI shielding—A coating used on electrical or electronic equipment to provide shielding against electromagnetic interference (EMI), radio frequency interference (RFI), or static discharge. 19. Emission(s)—The release or discharge, whether directly or indirectly, into the atmosphere of one (1) or more air contaminants. For the purposes of 10 CSR 10-6.360 only, air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the administrator by the NO

x authorized account representative and as determined by the administrator.
20. Emission data—

A. The identity, amount, frequency, concentration, or other characteristics (related to air quality) of any air contaminant which— (I) Has been emitted from an emission unit; (II) Results from any emission by the emissions unit;(III) Under an applicable standard or limitation, the emissions unit was authorized to emit; or (IV) Is a combination of any of the parts (2)(E)20.A.(I), (II), or (III) of this rule; B. The name, address (or description of the location), and the nature of the emissions unit necessary to identify the emission unitsincluding a description of the device, equipment, or operation constituting the emissions unit; and C. The results of any emission testing or monitoring required to be reported under any rules of the commission. 21. Emission events—Discrete venting episodes that may be associated with a single unit of operation.
22. Emission [I] inventory—A listing of information on the location, type of source, type and quantity of pollutant emitted, as well as other parameters of the emissions;23. Emission limitation—A regulatory requirement, permit condition, or consent agreement which limits the quantity, rate, or concentration of emissions on a continuous basis, including any requirement which limits the level of opacity, prescribes equipment, setsfuel specifications, or prescribes operation or maintenance procedures for an installation to assure continuous emission reduction.24. Emission offsets—Emissions reductions which are quantifiable, consistent with the applicable implementation plan attainmentand reasonable further progress demonstrations, surplus to reductions required by, and credited to, other applicable implementation plan provisions, enforceable under both state and federal law, and permanent within the time frame specified by the program.
Emissions reductions intended to be achieved as emissions offsets must be monitored and enforced in a manner equivalent to that under EPA’s new source review requirements.
25. Emission rate cutoff—The threshold annual emission rate to which a landfill compares its estimated emission rate to determine if control under the applicable regulation is required. 26. Emission reduction credit (ERC)—A certified emission reduction that is created by eliminating future emissions and expressed in tons per year. One (1) ERC is equal to one (1) ton peryear. An ERC must be real, properly quantified, permanent, and surplus. 27. Emissions budgets—Those portions of the total allowable emissions defined in an EPA-approved revision to the applicable implementation plan for a certain date for the purpose of meeting reasonable further progress milestones or attainment or maintenancedemonstrations, for any criteria pollutant or its precursors, specifically allocated by the applicable implementation plan to mobile sources, to any stationary source or class of stationary sources, to any federal action or class of action, to any class of area sources, or to any subcategory of the emissions inventory. The allocation system must be specific enough to assure meeting the criteria of section 176(c)(1)(B) of the CAA. An emissions budget may be expressed in terms of an annual period, a daily period, or other period established in the applicable implementation plan. 28. Emissions inspection—Tests performed on a vehicle in order to evaluate whether the vehicle’s emissions control components are present and properly functioning. 29. Emissions report—A report that satisfies the provisions of 

## Page 2250 Proposed Rules November 1, 2011 Vol. 36, No. 21this rule and is either a— A. Full emissions report—Contains all required data elements for current reporting year; or B. Reduced reporting form—Represents data elements and emissions from the last full emissions report. 30. Emissions unit—Any part or activity of an installation that emits or has the potential to emit any regulated air pollutant or any pollutant listed under section 112(b) of the Act. This term is notmeant to alter or affect the definition of the term unit for the purposes of Title IV of the Act. For the purpose of 10 CSR 10-6.410 only, emissions unit is any part of a source or activity at a source that emits or would have the potential to emit criteria pollutants or their

precursors. 31. Emulsified asphalt—An emulsion of asphalt cement andwater that contains a small amount of an emulsifying agent, as specified in ASTM D (977-77) or ASTM D (2397-73). 32. Enamel—A surface coating that is a mixture of paint and varnish, having vehicles similar to those used for varnish, but also containing pigments.
33. Enclosed combustor—An enclosed firebox which maintainsa relatively-constant limited peak temperature generally using a limited supply of combustion air. An enclosed flare is considered an
enclosed combustor. 34. End exterior coating—A coating applied to the exterior end of a can to provide protection to the metal. 35. End seal compound—The gasket forming coating used to attach the end pieces of a can during manufacturing or after filling
with contents. 36. Energized electrical system—Any alternating current (AC) or direct current (DC) electrical circuit on an assembled aircraft once electrical power is connected, including interior passenger and cargo areas, wheel wells, and tail sections. 37. Energy Information Administration—The Energy Information Administration of the United States Department of Energy. 38. Engine rating—The output of an engine as determined by the engine manufacturer and listed on the nameplate of the unit, regardless of any derating.39. Equipment—Any item that is designed or intended to perform any operation and includes any item attached to it to assist in the operation. 40. EPA—The U.S. Environmental Protection Agency. 41. EPDM roof membrane—A prefabricated single sheet of elastomeric material composed of ethylene propylene diene monomer (EPDM) and that is field-applied to a building roof using one (1) layer of membrane material. 42. Equipment leak—Emissions of volatile organic compounds from pumps, valves, flanges, or other equipment used to transfer or apply finishing materials or organic solvents. 43. Equivalent method—Any method of sampling and analyzingfor an air pollutant that has been demonstrated to the director’s satisfaction to have a consistent and quantitatively-known relationship to the reference method under specific conditions. 44. Etching filler—A coating for metal that contains less than twenty-three percent (23%) solids by weight and at least one-halfpercent (0.5%) acid by weight, and is used instead of applying a pretreatment coating followed by a primer.45. Excess emissions—The emissions which exceed the requirements of any applicable emission control regulation.
46. Excessive concentration—

A. For installations seeking credit for reduced ambient pollutant concentrations from stack height exceeding that defined in subparagraph (2)(G)15.B. of this rule an excessive concentration is a maximum ground level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which are at leastforty percent (40%) in excess of the maximum concentration experienced in the absence of the downwash, wakes, or eddy effects, and that contributes to a total concentration due to emissions from all installations that is greater than an ambient air quality standard. Forinstallations subject to the prevention of significant deterioration program as set forth in 10 CSR 10-6.060(8), an excessive concentration means a maximum ground level concentration due to emissions from a stack due to the same conditions as mentioned previously and is greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations under this definition shall be prescribed by the new source performanceregulation as referenced by 10 CSR 10-6.070 for the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where demonstrations are approved by the director, an
alternative emission rate shall be established in consultation with the
source owner or operator; B. For installations seeking credit after October 11, 1983, forincreases in stack heights up to the heights established under subparagraph (2)(G)15.B. of this rule, an excessive concentration is
either— (I) A maximum ground level concentration due in whole orpart to downwash, wakes, or eddy effects as provided in subparagraph (2)(E)46.A. of this rule, except that the emission rate used shall be the applicable emission limitation (or, in the absence of this limit, the actual emission rate); or (II) The actual presence of a local nuisance caused by the stack, as determined by the director; and C. For installations seeking credit after January 12, 1979, for a stack height determined under subparagraph (2)(G)15.B. of this rule where the director requires the use of a field study of fluidmodel to verify good engineering practice stack height, for installations seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers and for installations seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not represented adequately by the equations in subparagraph (2)(G)15.B. of this rule, a maximum ground level concentration due in whole or part to downwash, wakes, or eddy effects that is at least forty percent (40%) in excess of the maximum concentration experienced in the absence of downwash, wakes, or eddy effects. 47. Existing—As applied to any equipment, machine, device, article, contrivance, or installation shall mean in being, installed, or under construction in the Kansas City metropolitan area on September 25, 1968 (Buchanan County, January 21, 1970), in the St. Louis metropolitan area on March 24, 1967 (Franklin County, January 18, 1972), in the Springfield metropolitan area on September 24, 1971, and in the outstate Missouri area on February24, 1971, except that if equipment, machine, device, article, contrivance, or installation subsequently is altered, repaired, or rebuiltat a cost of fifty percent (50%) or more of its replacement cost exclusive of routine maintenance, it shall no longer be existing but shall be considered new as defined in this regulation. The cost of installingequipment designed principally for the purpose of air pollution control is not to be considered a cost of altering, repairing, or rebuilding existing equipment for the purpose of this definition. For the purpose of 10 CSR 10-[2.040 and 10 CSR 10-5.030 only] 6.405

,existing is any source which was in being, installed, or under construction on February 15, 1979 , in the Kansas City or St. Louis metropolitan area , except that if any source in these areas subsequently is altered, repaired, or rebuilt at a cost of thirty percent(30%) or more of its replacement cost, exclusive of routine maintenance, it shall no longer be existing but shall be considered as new. 48. Exterior coating (two (2)-piece)—A surface coating used tocoat the outside face of a two (2)-piece can. Used to provide protection from the lithograph or printing operations. 49. External floating roof—A storage vessel cover in an open top tank consisting of a double-deck or pontoon single deck which rests upon and is supported by petroleum liquid being contained and is equipped with a closure seal(s) to close the space between the roof edge and tank wall. 

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### Missouri Register50. Extreme environmental conditions—The exposure to any ofthe weather all of the time, temperatures consistently above ninetyfive degrees Celsius (95 °C), detergents-abrasive and scouring agents, solvents, corrosive atmospheres, or similar environmental
conditions. 51. Extreme high gloss coating—A coating applied to—

A. Pleasure craft which, when tested by the ASTM Test Method D-523-89, shows a reflectance of ninety percent (90%) or more on a sixty-degree (60°) meter; or B. Metal and plastic parts that are not components of pleasure craft, which, when tested by the ASTM Test Method D-523 adopted in 1980, shows a reflectance of seventy-five percent (75%) or more on a sixty-degree (60°) meter. 52. Extreme performance coating—A coating used on a metal or plastic surface where the coated surface is, in its intended use, subject to the following: A. Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures, or solutions;B. Repeated exposure to temperatures in excess of two hundred fifty degrees Fahrenheit (250 °F); or C. Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, cleansers, or scouring agents.

(M) All terms beginning with “M.”

1. MACT (Maximum achievable control technology)—Themaximum degree of reduction in emissions of the hazardous air pollutants listed in subsection (3)(C) of this rule (including a prohibition on these emissions where achievable), taking into consideration the cost of achieving emissions reductions and any non-air quality healthand environmental impacts and requirements, determines is achievable for new or existing sources in the category or subcategory towhich this emission standard applies, through application of measures, processes, methods, systems, or techniques including, but not limited to, measures which: A. Reduce the volume of or eliminate emissions of pollutantsthrough process changes, substitution of materials, or other modifications; B. Enclose systems or processes to eliminate emissions; C. Collect, capture, or treat pollutants when released from a process, stack, storage, or fugitive emissions point; D. Are design, equipment, work practice, or operationalstandards (including requirements for operational training or certification); or E. Are a combination of subparagraphs (2)(M)1.A.–D.2. Maintenance area—An area that was designated as nonattainment and has been re-designated in 40 CFR 81 to attainment, meeting the provisions of section 107(d)(3)(E) of the Act and has a maintenance plan approved under section 175A of the Act. 3. Maintenance operation—Normal routine maintenance on any stationary internal combustion engine or the use of an emergency standby engine and fuel system during testing, repair, and routine maintenance to verify its readiness for emergency standby use. 4. Maintenance plan—A revision to the applicable Missouri State Implementation Plan (SIP), meeting the requirements of section
175A of the CAA. 5. Major modification—Any physical change or change in the method of operation at an installation or in the attendant air pollution control equipment that would result in a significant net emissions increase of any pollutant. A physical change or a change in the method of operation, unless previously limited by enforceable permit conditions, shall not include: A. Routine maintenance, repair, and replacement of parts; B. Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, a prohibition under the Power Plant and Industrial Fuel Use Act of 1978, or by reason of a natural gas curtailment plan pursuant to the Federal Power Act; C. Use of an alternative fuel or raw material, if prior to January 6, 1975, the source was capable of accommodating the fuel or material, unless the change would be prohibited under any enforceable permit condition which was established after January 6, 1975; D. An increase in the hours of operation or in the production rate unless the change would be prohibited under any enforceable permit condition which was established after January 6, 1975; or E. Use of an alternative fuel by reason of an order or rule
under [S] section 125 of the Clean Air Act.6. Malfunction—A sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal and usual manner. Excess emissions caused by improper design shall not be deemed a malfunction. For the purpose of 10 CSR 10-6.200 only, malfunction is any sudden, infrequent, and not reasonably-preventable failure of air pollution control equipment,process equipment, or a process to operate in a normal or usual manner. Failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. During periods of malfunction the operator shall operate within established parameters as much as possible, and monitoring of all applicable operating parameters shall
continue until all waste has been combusted or until the malfunction ceases, whichever comes first.7. Malfunction indicator lamp (MIL)—An amber-colored warning light located on the dashboard of vehicles equipped with OnBoard Diagnostics systems indicating to the vehicle operator that the vehicle either has a malfunction or has deteriorated enough to cause a potential increase in the vehicle’s tailpipe or evaporative emissions. 8. Management planner—An individual, under AHERA, who devises and writes plans for asbestos abatement. 9. Manure storage and application systems—Any system thatincludes but is not limited to lagoons, manure treatment cells, earthen storage ponds, manure storage tanks, manure stockpiles, composting areas, pits and gutters within barns, litter used in bedding systems, all types of land application equipment, and all pipes, hoses, pumps, and other equipment used to transfer manure. 10. Marine vessel—A craft capable of being used as a means of transportation on water, except amphibious vehicles.11. Maskant—A coating applied directly to an aerospace component to protect those areas when etching other parts of the component.12. Mask coating—A thin film coating applied through a template to coat a small portion of a substrate.13. Material safety data sheet (MSDS)—The chemical, physical, technical, and safety information document supplied by the manufacturer of the coating, solvent, or other chemical product. 14. Maximum charge rate—For continuous and intermittent HMIWI, one hundred ten percent (110%) of the lowest three (3)-hour average charge rate measured during the most recent performance test demonstrating compliance with all applicable emission limits; for batch HMIWI, one hundred ten percent (110%) of thelowest daily charge rate measured during the most recent performance test demonstrating compliance with all applicable emission
limits.15. Maximum design heat input—The ability of a unit to combust a stated maximum amount of fuel per hour on a steady statebasis, as determined by the physical design and physical characteristics of the unit. 16. Maximum fabric filter inlet temperature—One hundred ten percent (110%) of the lowest three (3)-hour average temperature at the inlet to the fabric filter (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the dioxin/furan emission limit. 17. Maximum flue gas temperature—One hundred ten percent (110%) of the lowest three (3)-hour average temperature at the outlet from the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the mercury (Hg) emission limit. 18. Maximum potential hourly heat input—An hourly heat input 

## Page 2252 Proposed Rules November 1, 2011 Vol. 36, No. 21used for reporting purposes when a unit lacks certified monitors to report heat input. If the unit intends to use Appendix D of 40 CFR 75 to report heat input, this value should be calculated[,] in accordance with 40 CFR 75, using the maximum fuel flow rate and themaximum gross calorific value. If the unit intends to use a flow monitor and a diluent gas monitor, this value should be reported[,] in accordance with 40 CFR 75, using the maximum potential flow rate and either the maximum carbon dioxide concentration (in percent
CO2) or the minimum oxygen concentration (in percent O 2). 19. Maximum potential NO

x emission rate—The NO

x emission rate of nitrogen oxides (in lb/mmBtu) calculated in accordance withsection 3 of Appendix F of 40 CFR 75, using the maximum potential nitrogen oxides concentration as defined in section 2 of Appendix A of 40 CFR 75, and either the maximum oxygen concentration (in percent O2) or the minimum carbon dioxide concentration (in percent
CO2), under all operating conditions of the unit except for unit startup, shutdown, and upsets.20. Maximum rated hourly heat input—A unit-specific maximum hourly heat input (mmBtu) which is the higher of the manufacturer’s maximum rated hourly heat input or the highest observed hourly heat input. 21. Mechanical shoe seal—A metal sheet held vertically against the wall of the storage vessel by springs or weighted levers and is connected by braces to the floating roof. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof. 22. Medical device—An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar article, including any component or accessory that meets one (1) of the following conditions: A. It is intended for use in the diagnosis of disease or otherconditions, or in the cure, mitigation, treatment, or prevention of disease; B. It is intended to affect the structure or any function of the body; or
C. It is defined in the National Formulary or the United States Pharmacopoeia , or any supplement to them.23. Medical/infectious waste—Any waste generated in the diagnosis, treatment, or immunization of human beings or animals, inresearch pertaining thereto, or in the production or testing of biologicals as exempted in the applicable rule. The definition of
medical/infectious waste does not include hazardous waste identified or listed under the regulations in 40 CFR 261; household waste, as defined in 40 CFR 261.4(b)(1); ash from incineration of medical/infectious waste, once the incineration process has been completed; human corpses, remains, and anatomical parts that are intended for interment or cremation; and domestic sewage materials identified in 40 CFR 261.4(a)(1). A. Cultures and stocks of infectious agents and associatedbiologicals, including cultures from medical and pathological laboratories; cultures and stocks of infectious agents from research and industrial laboratories; wastes from the production of biologicals; discarded live and attenuated vaccines; and culture dishes and devices used to transfer, inoculate, and mix cultures. B. Human pathological waste, including tissues, organs, andbody parts and body fluids that are removed during surgery or autopsy, or other medical procedures, and specimens of body fluids and
their containers. C. Human blood and blood products including:

(I) Liquid waste human blood; (II) Products of blood; (III) Items saturated and/or dripping with human blood;
and (IV) Items that were saturated and/or dripping with human blood that are now caked with dried human blood including serum, plasma, and other blood components, and their containers, whichwere used or intended for use in either patient care, testing and laboratory analysis, or the development of pharmaceuticals. Intravenous bags are also included in this category. D. Sharps that have been used in animal or human patient care or treatment or in medical, research, or industrial laboratories, including hypodermic needles, syringes (with or without the attached needle), pasteur pipettes, scalpel blades, blood vials, needles withattached tubing, and culture dishes (regardless of presence of infectious agents). Also included are other types of broken or unbroken glassware that were in contact with infectious agents, such as used slides and cover slips. E. Animal waste including contaminated animal carcasses, body parts, and bedding of animals that were known to have been exposed to infectious agents during research (including research inveterinary hospitals), production of biologicals, or testing of pharmaceuticals. F. Isolation wastes including biological waste and discardedmaterials contaminated with blood, excretions, exudates, or secretions from humans who are isolated to protect others from certain highly-communicable diseases, or isolated animals known to be infected with highly-communicable diseases. G. Unused sharps including the following unused, discarded sharps: hypodermic needles, suture needles, syringes, and scalpel
blades. 24. Medium HMIWI—An HMIWI whose maximum design waste burning capacity is more than two hundred pounds (200 lbs) per hour but less than or equal to five hundred pounds (500 lbs) per hour, or a continuous or intermittent HMIWI whose maximum charge rate is more than two hundred pounds (200 lbs) per hour but less than or equal to five hundred pounds (500 lbs) per hour, or abatch HMIWI whose maximum charge rate is more than one thousand six hundred pounds (1,600 lbs) per day
, but less than or equal to four thousand pounds (4,000 lbs) per day. The following are not
medium HMIWI: a continuous or intermittent HMIWI whose maximum charge rate is less than or equal to two hundred pounds (200 lbs) per hour or more than five hundred pounds (500 lbs) per hour; or a batch HMIWI whose maximum charge rate is more than four thousand pounds (4,000 lbs) per day or less than or equal to one thousand six hundred pounds (1,600 lbs) per day. 25. Metal to urethane/rubber molding or casting adhesive—An adhesive intended by the manufacturer to bond metal to high density
or elastomeric urethane or molded rubber materials to fabricateproducts such as rollers for computer printers or other paper handling equipment. 26. Metallic coating—A coating which contains more than five(5) grams of metal particles per liter of coating as applied. Metal particles are pieces of a pure elemental metal or a combination of elemental metals. 27. Metropolitan planning organization (MPO)—The policy board of an organization created as a result of the designation process in 23 U.S.C. 134(d) and in 49 U.S.C. 5303. It is the forum for cooperative transportation decision-making and is responsible for conducting the planning required under section 174 of the CAA.28. Mid-kiln firing—Secondary firing in kiln systems by injecting fuel at an intermediate point in the kiln system using a speciallydesigned fuel injection mechanism for the purpose of decreasing NO

x emissions through— A. The burning of part of the fuel at a lower temperature; and B. The creation of reducing conditions at the point of initial
combustion. 29. Milestone—The meaning given in sections 182(g)(1) and 189(c)(1) of the CAA. It consists of an emissions level and the date on which it is required to be achieved.30. Military specification coating—A coating which has a formulation approved by a United States Military Agency for use on military equipment. 31. Minimum dioxin/furan sorbent flow rate—Ninety percent (90%) of the highest three (3)-hour average dioxin/furan sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with the 

## Page 2253 November 1, 2011 Vol. 36, No. 21 

### Missouri Registerdioxin/furan emission limit. 32. Minimum mercury (Hg) sorbent flow rate—Ninety percent (90%) of the highest three (3)-hour average Hg sorbent flow rate (taken, at a minimum, once every hour) measured during the mostrecent performance test demonstrating compliance with the Hg emission limit. 33. Minimum horsepower or amperage—Ninety percent (90%) of the highest three (3)-hour average horsepower or amperage to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the applicable emission limit. 34. Minimum hydrogen chloride (HCl) sorbent flow rate—Ninety percent (90%) of the highest three (3)-hour average HCl sorbent flow rate (taken, at a minimum, once every hour) measured during the most recent performance test demonstrating compliance with
the HCl emission limit. 35. Minimum pressure drop across the wet scrubber—Ninety percent (90%) of the highest three (3)-hour average pressure drop across the wet scrubber particulate matter (PM) control device (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM
emission limit. 36. Minimum reagent flow rate—Ninety percent (90%) of the highest three (3)-hour average reagent flow rate at the inlet to the selective noncatalytic reduction technology (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the NO

x emissions limit. 37. Minimum scrubber liquor flow rate—Ninety percent (90%) of the highest three (3)-hour average liquor flow rate at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with all applicable emission limits. 38. Minimum scrubber liquor pH—Ninety percent (90%) of thehighest three (3)-hour average liquor pH at the inlet to the wet scrubber (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with all HCl
emission limits. 39. Minimum secondary chamber temperature—Ninety percent(90%) of the highest three (3)-hour average secondary chamber temperature (taken, at a minimum, once every minute) measured during the most recent performance test demonstrating compliance with the PM, carbon monoxide (CO), dioxin/furan, and NO

x emission limits. 40. Minor violation—A violation which possesses a smallpotential to harm the environment or human health or cause pollution, was not knowingly committed, and is not defined by the United States Environmental Protection Agency as other than minor. 41. Missouri Decentralized Analyzer System (MDAS)—The emissions inspection equipment that is sold by the state’s contractor to licensed emissions inspection stations. The department may approve alternative equipment if the equipment described in thisparagraph is no longer available. At a minimum, the vehicle emissions inspection equipment shall consist of the following contractor equipment package: A. At least a seventeen-inch (17") Liquid Crystal Display (LCD) monitor; B. Universal serial bus (USB) lane camera; C. At least a four (4.0) megapixel digital camera and dock; D. Fingerprint scanner; E. Two hundred fifty-six (256)-megabyte USB flash drive; F. Keyboard with plastic keyboard cover and optical mouse; G. Printer with ink or toner cartridges and blank paper; H. 2D barcode reader; I. Windshield sticker printer with blank windshield stickers and thermal cartridge; J. OBD vehicle interface cable with a standard Society of Automotive Engineers J1962/J1978 OBD connector; K. OBD verification tool; L. Low-speed or high-speed Internet connection capabilities; M. Surge protector and uninterruptible power supply (UPS); N. At least a three gigahertz (3.0 GHz) personal computer (DellTM Pentium® 4 or equivalent), with Windows Vista® and one (1) gigabyte of Random Access Memory (RAM); and O. Metal cabinet to hold all of the components described in this paragraph. 42. Missouri Department of Revenue (MDOR)—The state agency responsible for the oversight of vehicle registration at contract offices and via the Internet. This agency is also responsible for the registration denial method of enforcement for the vehicle emissions inspection and maintenance program. 43. Missouri Emissions Inventory System (MoEIS)—Online interface of the state of Missouri’s air emissions inventory database. 44. Missouri State Highway Patrol (MSHP)—The state agency responsible for the oversight of the vehicle safety inspection program and joint oversight with the department of the vehicle emissions inspection and maintenance program. 45. Mitigation measure—any method of reducing emissions of the pollutant or its precursor taken at the location of the federalaction and used to reduce the impact of the emissions of that pollutant caused by the action.46. Mobile equipment—Any equipment that is physically capable of being driven or drawn on a roadway including, but not limited to, the following types of equipment: A. Construction vehicles such as mobile cranes, bulldozers, concrete mixers, etc.; B. Farming equipment such as a wheel tractor, plow, pesticide
sprayer, etc.; C. Hauling equipment such as truck trailers, utility bodies, etc.; and D. Miscellaneous equipment such as street cleaners, golf

carts, etc. 47. Model year—The manufacturer’s annual production periodwhich includes January 1 of such calendar year. If the manufacturer has no annual production period, model year shall refer to the calendar year. 48. Modeling domain—A geographic area covered by an air quality model. 49. Modification—Any physical change, or change in method of operation of, a source operation or attendant air pollution control equipment which would cause an increase in potential emissions of any air pollutant emitted by the source operation. For the purpose of
10 CSR 10-5.490 and 10 CSR 10-6.310 only, modification is an increase in the permitted volume design capacity of the landfill byeither horizontal or vertical expansion based on its most recent permitted design capacity; modification does not occur until the owner or operator commences construction on the horizontal or vertical expansion. 50. Modification, Title I—See Title I modification. 51. Modified HMIWI—Any change to an HMIWI unit after the
effective date of these standards such that the cumulative costs of the modifications, over the life of the unit, exceed fifty percent (50%) of the original cost of the construction and installation of the unit (notincluding the cost of any land purchased in connection with such construction or installation) updated to current costs, or the change involves a physical change in or change in the method of operation of the unit which increases the amount of any air pollutant emitted by the unit for which standards have been established under section
129 or section 111 of the CAA.52. Mold release—A coating applied to a mold surface to prevent the mold piece from sticking to the mold as it is removed, or to an aerospace component for purposes of creating a form-in-place
seal. 53. Mold seal coating—The initial coating applied to a new mold or a repaired mold to provide a smooth surface which, when coated with a mold-release coating, prevents products from sticking
to the mold. 54. Monitoring system—Any monitoring system that meets the 

## Page 2254 Proposed Rules November 1, 2011 Vol. 36, No. 21requirements as described in a specific rule, including a continuous emissions monitoring system, an excepted monitoring system, or an alternative monitoring system. 55. Monthly throughput—The total volume of gasoline that is loaded into all gasoline storage tanks during a month, as calculated on a rolling thirty (30)-day average.
56. MOPETP—The Missouri Performance Evaluation TestProcedures, a set of standards and test procedures for evaluating performance of Stage I/II vapor recovery control equipment and systems
to be installed or that have been installed in Missouri. 57. Motor tricycle—A motor vehicle operated on three (3) wheels, including a motorcycle with any conveyance, temporary or otherwise, requiring the use of a third wheel. 58. Motor vehicle—Any self-propelled vehicle. 59. Motor vehicle adhesive—An adhesive, including glass bonding adhesive, used at an installation that is not an automobile or light duty truck assembly coating installation, applied for the purpose of bonding two (2) motor vehicle surfaces together without regard to
the substrates involved. 60. Motor vehicle bedliner—A multi-component coating, usedat an installation that is not an automobile or light duty truck assembly coating installation, applied to a cargo bed after the application of topcoat to provide additional durability and chip resistance. 61. Motor vehicle cavity wax—A coating, used at an installationthat is not an automobile or light duty truck assembly coating installation, applied into the cavities of the motor vehicle primarily for the purpose of enhancing corrosion protection. 62. Motor vehicle deadener—A coating, used at an installationthat is not an automobile or light duty truck assembly coating installation, applied to selected motor vehicle surfaces primarily for thepurpose of reducing the sound of road noise in the passenger compartment. 63. Motor vehicle gasket/gasket-sealing material—A fluid, usedat an installation that is not an automobile or light duty truck assembly coating installation, applied to coat a gasket or replace and perform the same function as a gasket. Automobile and light duty truckgasket/gasket-sealing material includes room temperature vulcanization (RTV) seal material. 64. Motor vehicle glass-bonding primer—A primer, used at an installation that is not an automobile or light duty truck assembly coating installation, applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass-bonding adhesives or the installation of adhesive-bonded glass. Motor vehicle glass bonding primer includes glass bonding/cleaning primers that perform both functions (cleaning and priming of the windshield or other glass or body openings) prior to the application of adhesive or the installation of adhesive-bonded glass. 65. Motor vehicle lubricating wax/compound—A protective lubricating material, used at an installation that is not an automobile or light duty truck assembly coating installation, applied to motor vehicle hubs and hinges. 66. Motor vehicle sealer—A high viscosity material, used at an installation that is not an automobile or light duty truck assembly coating installation, generally, but not always, applied in the paint shop after the body has received an electrodeposition primer coatingand before the application of subsequent coatings (e.g., primer-surfacer). Such materials are also referred to as sealant, sealant primer,
or caulk.
67. Motor vehicle [truck] trunk interior coating—A coating, used at an installation that is not an automobile or light duty truck assembly coating installation, applied to the trunk interior to provide chip protection. 68. Motor vehicle underbody coating—A coating, used at an installation that is not an automobile or light duty truck assemblycoating installation, applied to the undercarriage or firewall to prevent corrosion and/or provide chip protection. 69. Motor vehicle weatherstrip adhesive—An adhesive, used at an installation that is not an automobile or light duty truck assembly coating installation, applied to weatherstripping materials for the purpose of bonding the weatherstrip material to the surface of the
motor vehicle. 70. Motorcycle—A motor vehicle operated on two (2) wheels. 71. Multi-colored coating—A coating which exhibits more thanone (1) color when applied and which is packaged in a single container and applied in a single coat. 72. Multi-component coating—A coating requiring the additionof a separate reactive resin, commonly known as a catalyst or hardener, before application to form an acceptable dry film. 73. Multi-day violation—A violation which has occurred on or continued for two (2) or more consecutive or nonconsecutive days.74. Multiple-violation penalty—The sum of individual administrative penalties assessed when two (2) or more violations are included in the same complaint or enforcement action. 75. Multipurpose construction adhesive—An adhesive intended by the manufacturer for use in the installation or repair of various construction materials, including but not limited to drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile, and acoustical
tile. 76. Municipal solid waste landfill or MSW landfill—An entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of Resource Conservation and Recovery Act (RCRA) Subtitle D wastes per 40 CFR 257.2, such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned. An MSW landfill may be a new MSW landfill, an existing MSW landfill, or a lateral expansion. 77. Municipal solid waste landfill emissions or MSW landfill emissions—Gas generated by the decomposition of organic wastedeposited in an MSW landfill or derived from the evolution of organic compounds in the waste.

(N) All terms beginning with “N.”

1. Nameplate capacity—The maximum electrical generating output (expressed as megawatt) that a generator can sustain over aspecified period of time when not restricted by seasonal or other deratings, as listed in the National Allowance Data Base (NADB) under the data field “NAMECAP” if the generator is listed in the NADB or as measured in accordance with the United States Department ofEnergy standards. For generators not listed in the NADB, the nameplate capacity shall be used.
2. National [a]Ambient [a]Air [q]Quality [s]Standards (NAAQS)—[t]Those standards established pursuant to section 109 of the Act and defined by [10 CSR 10-6.010] 40 CFR 50 [A] ambient [A] air [Q]quality [S] standards. It includes standards for carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO 2), ozone, particulate matter (PM 10 and PM2.5), and sulfur dioxide (SO 2); 3. Natural finish hardwood plywood panel—A panel whose original grain pattern is enhanced by essentially transparent finishes frequently supplemented by fillers and toners.
4. NEPA—[t]The National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.). 5. Nearby—Nearby, as used in the definition GEP stack height in subparagraph (2)(G)15.B. of this rule, is defined for a specific
structure or terrain feature—A. For purposes of applying the formula provided in subparagraph (2)(G)15.B. of this rule, nearby means that distance up to five (5) times the lesser of the height or the width dimension of a structure, but not greater than one-half (1/2) mile; andB. For conducting fluid modeling or field study demonstrations under subparagraph (2)(G)15.C. of this rule, nearby means not greater than one-half (1/2) mile, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to ten (10) times the maximum height of the feature, not to exceed two (2) miles if feature achieves a height one-half (1/2) mile from the stack that is at least forty percent (40%) of the GEP stack 

## Page 2255 November 1, 2011 Vol. 36, No. 21 

### Missouri Registerheight determined by the formula provided in subparagraph (2)(G)15.B. of this rule, or twenty-six meters (26 m), whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack.
6. Net emissions increase—This term is defined in 40 CFR52.21(b)(3), promulgated as of July 1, 2003, and hereby incorporated by reference in this rule, as published by the Office of the Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This rule does not incorporate any subsequent amendments or additions. 7. New—As defined for the purposes of 10 CSR 10-[2.040 and 10 CSR 10-5.030] 6.405 , any source which is not an existing source, as defined in [subparagraph (1)(E) of 10 CSR 10-2.040 or 10 CSR 10-5.030] paragraph (2)(E)47. of this rule

. 8. New Source Review (NSR)—The permitting requirements found in state rule 10 CSR 10-6.060 Construction Permits Required. 9. NMOC—Nonmethane organic compounds. Precursors tooxidant formation. They allow ozone to accumulate in the atmosphere. 10. Nonaqueous solvent—Any solvent not classifiable as anaqueous solvent as defined by a solvent in which water is the primary ingredient (greater than eighty percent (80%) by weight or greater than sixty percent (60%) by volume of solvent solution as applied must be water). Aqueous solutions must have a flash point greater than ninety-three degrees Celsius (93 °C) (two hundred degreesFahrenheit (200 °F)) (as reported by the manufacturer) and the solution must be miscible with water. 11. Nonattainment area (NAA)—Any geographic area of theUnited States which has been designated as nonattainment under section 107 of the CAA and described in 40 CFR 81

. 12. Nonattainment pollutant—Each and every pollutant for which the location of the source is in an area designated to be in nonattainment of a National Ambient Air Quality Standard (NAAQS)under section 107(d)(1)(A)(i) of the Act. Any constituent or precursor of a nonattainment pollutant shall be a nonattainment pollutant,provided that the constituent or precursor pollutant may only be regulated as part of regulation of the corresponding NAAQS pollutant. Both volatile organic compounds (VOC) and nitrogen oxides (NO

x)shall be nonattainment pollutants for a source located in an area designated nonattainment for ozone. 13. Nondegradable waste—Any waste that does not decompose through chemical breakdown or microbiological activity. Examples are, but are not limited to, concrete, municipal waste combustor ash,
and metals.14. Nonpermanent final finish—A material such as a wax, polish, nonoxidizing oil, or similar substance that must be periodicallyreapplied to a surface over its lifetime to maintain or restore the reapplied material’s intended effect.15. Non-Title V permit—A federally-enforceable permit administered by the director pursuant to the CAA and regulatory authority under the CAA, other than Title V of the CAA and 40 CFR 70 or 40
CFR 71. 16. Normal maintenance—Repair or replacement of vaporrecovery control equipment and/or gasoline dispensing components/dispensers that does not require breaking of concrete (by any method) and does not require removal of dispenser(s) from island(s). 17. Normal source operation—The average actual activity rate of a source necessary for determining the actual emissions rate for the two (2) years prior to the date necessary for determining actual emissions, unless some other time period is more representative ofthe operation of the source or otherwise approved by the staff director. 18. Normally-closed container—A storage container that is closed unless an operator is actively engaged in activities such as emptying or filling the container.

19. NO

x allowance—An authorization by the department or the
administrator under a NO

x trading program to emit one (1) ton of NO

x during the control period of the specified year or of any year
thereafter.
20. NO

x allowance deduction or deduct NO

x allowances—The permanent withdrawal of NO

x allowances by the administrator from
a NO

x allowance tracking system compliance account or overdraft
account to account for the number of tons of emissions from a NO

x budget unit for a control period, determined in accordance with a rule, or for any other NO

x allowance surrender obligation required.

21. NO

x allowance tracking system—The system by which the director or the administrator records allocations, deductions, and
transfers of NO

x allowances under a NO

x trading program.

22. NO

x allowance tracking system account—An account in the
NO

x allowance tracking system established by the director or administrator for purposes of recording the allocation, holding, transferring, or deducting of NO

x allowances.
23. NO

x allowance transfer deadline—For the purpose of 10 CSR 10-6.350 only, close of business on December 31 following thecontrol period or, if December 31 is not a business day, close of business on the first business day thereafter and is the deadline by which
NO

x allowances may be submitted for recording in an affected unit’s compliance account, or the overdraft account of the installation where the unit is located. For the purpose of 10 CSR 10-6.360 only, midnight of November 30 or, if November 30 is not a business day, midnight of the first business day thereafter and is the deadline by
which NO

x allowances may be submitted for recordation in a NO

x budget unit’s compliance account, or the overdraft account of the source where the unit is located, in order to meet the unit’s NO

x budget emissions limitation for the control period immediately preceding such deadline.

24. NO

x allowances held—The NO

x allowances recorded by thedirector or administrator, or submitted to the director or administrator for recordation, in accordance with a rule, in a NO

x allowance tracking system account.

25. NO

x authorized account representative—The natural person who is authorized by the owners or operators of the source and all
NO

x budget units at the source, in accordance with all applicablerules, to represent and legally bind each owner and operator in matters pertaining to a NO

x trading program or, for a general account, the natural person who is authorized to transfer or otherwise dispose
of NO

x allowances held in the general account in accordance with the applicable rules.

26. NO

x budget emissions limitation—For a NO

x budget unit, the tonnage equivalent of the NO

x allowances available for compliance deduction for the unit and for a control period adjusted by any
deductions of such NO

x allowances to account for actual utilization for the control period or to account for excess emissions for a prior control period or to account for withdrawal from the NO

x budget program or for a change in regulatory status for an affected unit.

27. NO

x budget permit—The legally-binding and federallyenforceable written document, or portion of such document, issued by the director, including any permit revisions, specifying the NO

x budget trading program requirements applicable to a NO

x budget source, to each NO

x budget unit at the NO

x budget source, and to the owners and operators and the NO

x authorized account representative
of the NO

x budget source and each NO

x budget unit.

28. NO

x budget source—A source that includes one (1) or more
NO

x budget units.

29. NO

x budget trading program—A multi-state nitrogen oxides air pollution control and emission reduction program pursuant to 40 CFR 51.121, as a means of mitigating the interstate transport of ozone and nitrogen oxides, an ozone precursor.

30. NO

x budget unit—A unit that is subject to the NO

x budget trading program emissions limitation under section (1) or paragraph (3)(H)1. of 10 CSR 10-6.360.
31. NO

x emission rate—The amount of NO

x emitted by a combustion unit in pounds per million British thermal units of heat input as recorded by approved monitoring devices.

32. NO

x emissions limitation—For an affected unit, the tonnage 

## Page 2256 Proposed Rules November 1, 2011 Vol. 36, No. 21equivalent of the NO

x emissions rate available for compliance deduction for the unit and for a control period adjusted by any deductions
of such NO

x allowances to account for actual utilization for the control period or to account for excess emissions for a prior control period or to account for withdrawal from a NO

x trading program or for a change in regulatory status for an affected unit.
33. NO

x opt-in unit—An EGU whose owner or operator has requested to become an affected unit under a NO

x trading program and has been approved by the department.
34. NO

x unit—Any fossil-fuel-fired stationary boiler, combustion turbine, internal combustion engine, or combined cycle system.

(P) All terms beginning with “P.”

1. Pail—Any nominal cylindrical container of one to twelve (1–12)-gallon capacity. 2. Paint—A pigmented surface coating using VOCs as the major solvent and thinner which converts to a relatively opaque solid film after application as a thin layer. 3. Pan-backing coating—A coating applied to the surfaces of pots, pans, or other cooking implements that are exposed directly to a flame or other heating elements. 4. Paper, film, and foil coating—A web coating process that applies a continuous layer of coating material across essentially the entire width or any portion of the width of a web substrate to— A. Provide a covering, finish, or functional or protective layer to a substrate; B. Saturate a substrate for lamination; orC. Provide adhesion between two (2) substrates for lamination. 5. Part 70—U.S. Environmental Protection Agency regulations, codified at 40 CFR 70, setting forth requirements for state operating permit programs pursuant to Title V of the Act.6. Part 70 installations—Installations to which the part 70 operating permit requirements of rule 10 CSR 10-6.065 apply, in accordance with the following criteria: A. They emit or have the potential to emit, in the aggregate, ten (10) tons per year (tpy) or more of any hazardous air pollutant,other than radionuclides, or twenty-five (25) tpy or more of any combination of these hazardous air pollutants or such lesser quantity asthe administrator may establish by rule. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not these units are in a contiguous area or under common control, to determine whether these units or stations are subject installations. For sources of radionuclides, the criteria shall be established by the administrator; B. They emit or have the potential to emit one hundred (100) tpy or more of any air pollutant, including all fugitive air pollutants. The fugitive emissions of an installation shall not be consideredunless the installation belongs to one (1) of the source categories listed in 10 CSR 10-6.020(3)(B), Table 2; C. They are located in nonattainment areas or ozone transport regions[.]

—(I) For ozone nonattainment areas, sources with the potential to emit one hundred (100) tpy or more of volatile organic compounds or oxides of nitrogen in areas classified as “marginal” or “moderate,” fifty (50) tpy or more in areas classified as “serious,” twenty-five (25) tpy or more in areas classified as “severe,” and ten(10) tpy or more in areas classified as “extreme”; except that the references in this paragraph to one hundred (100), fifty (50), twentyfive (25), and ten (10) tpy of nitrogen oxides shall not apply withrespect to any source for which the administrator has made a finding, under section 182(f)(1) or (2) of the Act, that requirements under section 182(f) of the Act do not apply; (II) For ozone transport regions established pursuant to section 184 of the Act, sources with the potential to emit fifty (50) tpy or more of volatile organic compounds; (III) For carbon monoxide nonattainment areas that are classified as “serious,” and in which stationary sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator, sources with the potential to emit fifty (50) tpy or more of carbon monoxide; and (IV) For particulate matter less than ten (10) micrometers (PM 10) nonattainment areas classified as “serious,” sources with the potential to emit seventy (70) tpy or more of PM 10 ; D. They are affected sources under Title IV of the 1990 Act; E. They are solid waste incinerators subject to section 129(e) of the Act; F. Any installation in a source category designated by the administrator as a part 70 source pursuant to 40 CFR 70.3; and G. Installations that would be part 70 sources strictly due to the following criteria are not subject to part 70 source requirements until the administrator subjects this installation to these requirements by rule: (I) They are subject to a standard, limitation, or other requirement under section 111 of the Act, including area sources; or (II) They are subject to a standard or other requirement under section 112 of the Act, except that a source, including an area source, is not required to obtain a permit solely because it is subject to rules or requirements under section 112(r) of the Act. 7. Particulate matter—Any material, except uncombined water,that exists in a finely-divided form as a liquid or solid and as specifically defined as follows: A. For purposes of ambient air concentrations—

[A.](I) PM—[a] Any airborne, finely-divided solid or liquid material with an aerodynamic diameter smaller than one hundred (100) micrometers as measured in the ambient air as specified in 10 CSR 10-6.040(4)(B); [and] [B.](II) PM 10—[p] Particulate matter with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers as measured in the ambient air as specified in 10 CSR 10-6.040(4)(J);
and [C.](III) PM2.5 —[p] Particulate matter with an aerodynamic diameter less than or equal to a nominal two and one-half (2.5) micrometers including the filterable component as measured in the ambient air as specified in 10 CSR 10-6.040(4)(L) [.]; B. For the purpose of 10 CSR 10-6.200 only, particulate matter, or PM, is the total particulate matter emitted from an HMIWI as measured by EPA Reference Method 5 of 40 CFR 60, Appendix A–3 or EPA Reference Method 29 of 40 CFR 60, Appendix A–8[.]; and C. For all other purposes—

(I) Condensable particulate matter (PM)—Material that is vapor phase at stack conditions, but condenses and/or reacts upon cooling and dilution in the ambient air to form solid or liquid PM immediately after discharge from the stack. Note
that all condensable PM is assumed to be in the PM2.5 size fraction; (II) Filterable PM—Particles that are emitted directly by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train; (III) Primary PM (Also known as direct PM)—Particles that enter the atmosphere as a direct emission from a stack or an open source. Primary PM has two (2) components: filterable PM and condensable PM. These two (2) PM components have no upper particle size limit; (IV) Primary PM2.5 (Also known as direct PM2.5 , total

PM2.5 , PM2.5 , or combined filterable PM2.5 and condensable PM)—PM with an aerodynamic diameter less than or equal to two and five-tenths (2.5) micrometers. These solid particles are emitted directly from an air emissions source or activity, or are the gaseous or vaporous emissions from an air emission source or activity that condense to form PM at ambient temperatures.
Direct PM2.5 emissions include elemental carbon, directly emitted organic carbon, directly emitted sulfate, directly emitted nitrate, and other inorganic particles (including but not limited to crustal material, metals, and sea salt); and 

## Page 2257 November 1, 2011 Vol. 36, No. 21 

### Missouri Register(V) Primary PM 10 (Also known as direct PM 10 , total

PM 10 , PM 10 , or the combination of filterable PM 10 and condensable PM)—PM with an aerodynamic diameter equal to or less than ten (10) micrometers. 8. Passenger tire equivalent (PTE)—The weight of waste tires orparts of waste tires equivalent to the average weight of one (1) passenger tire. The average weight of one (1) passenger tire is equal to twenty (20) pounds. 9. Passenger vehicle—Every motor vehicle, except motorcycles, motor-driven cycles, and ambulances, designed for carrying ten (10) passengers or less and used for the transportation of persons. 10. Passive collection system—A gas collection system that solely uses positive pressure within the landfill to move the gas rather than using gas mover equipment. 11. Pathological waste—Waste material consisting of only human or animal remains, anatomical parts, and/or tissue, the bags/containers used to collect and transport the waste material, and animal bedding (if applicable). 12. Peak load—The maximum instantaneous operating load. 13. Peaking combustion unit—A combustion turbine normally reserved for operation during the hours of highest daily, weekly, or
seasonal loads.14. Perimeter bonded sheet flooring installation—The installation of sheet flooring with vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip of up to four inches (4") wide around the perimeter of the sheet flooring.15. Permanent shutdown—The permanent cessation of operation of any air pollution control equipment or process equipment, not to be placed back into service or have a start-up. 16. Permitted capacity factor—The annual permitted fuel use divided by the manufacturers’ specified maximum fuel consumption times eight thousand seven hundred sixty (8,760) hours per year. 17. Permitting authority—Either the administrator or the state air pollution control agency, local agency, or other agency authorized by the administrator to carry out a permit program as intended by the
Act. 18. Person—Any individual, partnership, copartnership, association, firm, company, public or private corporation including the parent company of a wholly-owned subsidiary, joint stock company, municipality, political subdivision, agency, board, department or bureau of the state or federal government, trust, estate, or other legalentity either public or private which is recognized by law as the subject of rights and duties.. This shall include any legal successor, employee, or agent of the previous entities. 19. Petroleum liquid—Petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery with the exception of Numbers 2–6 fuel oils as specified in ASTM D (396-69), gas turbine fuel oils Number 2-GT–4-GT, as specified in ASTM D (2880-71), and diesel fuel oils Number 2-D and 4-D, as specified in ASTM D (975-68). 20. Petroleum refinery—Any facility which produces gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation, cracking, extraction, or reforming of unfinished petroleum derivatives. 21. Pharmaceutical—Any compound or preparation included under the Standard Industrial Classification Codes 2833 (Medicinal Chemicals and Botanical Products) and 2834 (Pharmaceutical Preparations), excluding products formulated by fermentation, extraction from vegetable material or animal tissue, or formulation and packaging of the final product. 22. Pilot plants—The installations which are of new type or design which will serve as a trial unit for experimentation or testing. 23. Plant-mix—A mixture produced in an asphalt mixing plant that consists of mineral aggregate uniformly coated with asphalt cement, cutback asphalt, or emulsified asphalt. 24. Plastic—A synthetic material chemically formed by the polymerization of organic substances and capable of being molded, extruded, cast into various shapes and films, or drawn into filaments. 25. Plastic foam—Foam constructed of plastics. 26. Plastic solvent welding adhesive—An adhesive intended by the manufacturer for use to dissolve the surface of plastic to form a bond between mating surfaces.27. Plastic solvent welding adhesive primer—A primer intended by the manufacturer for use to prepare plastic substrates prior to bonding or welding.
28. Pleasure craft—A marine vessel which is manufactured or operated primarily for recreational purposes or leased, rented, or chartered to a person or business for recreational purposes.29. Pleasure craft coating—A marine coating, except unsaturated polyester resin (fiberglass) coatings, applied by brush, spray, roller, or other means to a pleasure craft. 30. Point source—For the purposes of 10 CSR 10-6.110 only, large, stationary (nonmobile), identifiable source of emissions thatreleases pollutants into the atmosphere. A point source is an installation that is either[:]

— A. A major source under 40 CFR part 70 for the pollutants for which reporting is required; or B. A holder of an intermediate operating permit.
31. Pollutant—An air contaminant listed in 10 CSR 10-6.020(3)(A), Table 1 without regard to levels of emission or air quality impact.32. Polyethylene bag sealing operation—Any operation or facility engaged in the sealing of polyethylene bags, usually by the use of
heat. 33. Polystyrene resin—The product of any styrene polymerization process, usually involving heat.34. Polyvinyl chloride (PVC) plastic—A polymer of the chlorinated vinyl monomer that contains fifty-seven percent (57%) chlorine. 35. Polyvinyl chloride welding adhesive—An adhesive intended by the manufacturer for use in the welding of PVC plastic pipe. 36. Porous material—A substance that has tiny openings, oftenmicroscopic, in which fluids may be absorbed or discharged, including, but not limited to, paper and corrugated paperboard. For the purposes of 10 CSR 10-5.330, porous material does not include
wood. 37. Portable equipment—Any equipment that is designed andmaintained to be movable, primarily for use in noncontinuous operations. Portable equipment includes rock crushers, asphaltic concrete plants, and concrete batching plants. 38. Portable equipment installation—An installation made-up solely of portable equipment, meeting the requirements of or having been permitted according to 10 CSR 10-6.060(4).39. Portland cement—A hydraulic cement produced by pulverizing clinker consisting essentially of hydraulic calcium silicates, usually containing one (1) or more of the forms of calcium sulfate as an interground addition. 40. Portland cement kiln—A system, including any solid, gaseous, or liquid fuel combustion equipment, used to calcine and fuse raw materials, including limestone and clay, to produce Portland
cement clinker. 41. Positive crankcase ventilation system—Any system or device which prevents the escape of crankcase emissions to the ambient air. 42. Potential to emit—The emission rates of any pollutant at maximum design capacity. Annual potential shall be based on themaximum annual-rated capacity of the installation assuming continuous year-round operation. Federally-enforceable permit conditions on the type of materials combusted or processed, operating rates,hours of operation, and the application of air pollution control equipment shall be used in determining the annual potential. Secondary emissions do not count in determining annual potential.43. Potroom—A building unit which houses a group of electrolytic cells in which aluminum is produced. 44. Potroom group—An uncontrolled potroom, a potroom which is controlled individually, or a group of potrooms or potroom segments ducted to a common or similar control system. 

## Page 2258 Proposed Rules November 1, 2011 Vol. 36, No. 2145. Precursors of a criteria pollutant are— A. For ozone, nitrogen oxides (NO

x), unless an area is exempted from NO

x requirements under section 182(f) of the CAA, and volatile organic compounds (VOCs);

B. For PM 10 , those pollutants described in the PM 10 nonattainment area applicable SIP as significant contributors to the PM 10 levels; and
C. For PM2.5 —

(I) Sulfur dioxide (SO2) in all PM2.5 nonattainment and maintenance areas; (II) Nitrogen oxides in all PM 2.5 nonattainment and maintenance areas unless both the state and EPA determine that it is not a significant precursor; and (III) Volatile organic compounds (VOC) and ammonia (NH 3 ) only in PM2.5 nonattainment or maintenance areas whereeither the state or EPA determines that they are significant precursors. 46. Predictive emissions monitoring system (PEMS)—A systemthat uses process and other parameters as inputs to a computer program or other data reduction system to predict values in terms of the applicable emission limitation or standard. 47. Prefabricated architectural component coating—A coatingapplied to metal parts and products which are to be used as an architectural structure. 48. Preheater/precalciner kiln—A kiln where the feed to thekiln system is preheated in cyclone chambers and that utilizes a second burner to provide heat for calcination of material prior to the material entering the rotary kiln which forms clinker. 49. Preheater kiln—A kiln where the feed to the kiln system is preheated in cyclone chambers prior to the final fusion, which forms
clinker. 50. Press— A printing production assembly that can be made up of one (1) or many units to produce a finished product. For thepurposes of 10 CSR 10-5.442 only, this includes any associated coating, spray powder application, heatset web dryer, ultraviolet or electron beam curing units, or infrared heating units. 51. Pretreatment coating—A coating which contains no morethan twelve percent (12%) solids by weight, but at least one-half percent (0.5%) acids by weight, is used to provide surface etching, and is applied directly to metal surfaces to provide corrosion resistance, adhesion, and ease of stripping. 52. Pretreatment wash primer—A coating which contains no more than twenty-five percent (25%) solids by weight, but at leastone-tenth of a percent (0.1%) acids by weight, is used to provide surface etching, and is applied directly to fiberglass and metal surfaces to provide corrosion resistance and adhesion of subsequent coatings.53. Primary aluminum reduction installation—Any facility manufacturing aluminum by electrolytic reduction of alumina. 54. Primary chamber—The chamber in an HMIWI that receives waste material, in which the waste is ignited, and from which ash is
removed. 55. Primary fuel—The fuel that provides the principal heat input to the device. To be considered primary, the fuel must be able to sustain operation without the addition of other fuels.56. Primer—The first layer and any subsequent layers of identically-formulated coating applied to the article to provide corrosion resistance, surface etching, surface leveling, adhesion promotion, or other property depending on the end use or exposure of the finalproduct. Primers that are defined as specialty coatings are not included under this definition. 57. Primer-surfacer—An intermediate protective coating applied over the electrodeposition primer and under the topcoat at anautomobile or light duty truck assembly coating facility. Primer-surfacer provides adhesion, protection, and appearance properties to thetotal finish. Primer-surfacer may also be called guide coat or surfacer. 58. Printed interior panel—A panel whose grain or natural surface is obscured by fillers and basecoats upon which a simulated grain or decorative pattern is printed. 59. Printing—Any operation that imparts color, images, or text onto a substrate using printing inks. 60. Printing ink—Any fluid or viscous composition used in printing, impressing, or transferring an image onto a substrate.Varnishes and coatings applied with offset lithographic and letterpress printing presses are inks and are part of the applicable printing process, not a separate operation such as paper coating. 61. Process—Any collection of structures and/or equipment that processes, assembles, applies, or otherwise uses material inputs to produce or store an intermediate or final product. A single facility may contain more than one (1) process or production unit. 62. Process heater—Any enclosed device using controlledflame, that is not a boiler, and the unit’s primary purpose is to transfer heat indirectly to a process material (liquid, gas, or solid) or to heat transfer material for use in a process unit, instead of generating steam. Process heaters are devices in which the combustion gases do not directly come into contact with process materials. Process heaters do not include units used for comfort heat or space heat, food preparation for onsite consumption, or autoclaves. 63. Process unit—For the purpose of 10 CSR 10-5.550 only, equipment assembled and connected by pipes or ducts to produce, as intermediates or final products, one (1) or more SOCMI chemicals (see Appendix A of Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical ManufacturingIndustry, EPA-450/4-91-031). A process unit can operate independently if supplied with sufficient feed or raw materials and sufficient product storage facilities. 64. Process weight—The total weight of all materials introduced into an emission unit, including solid fuels which may cause any emission of particulate matter, but excluding liquids and gases used solely as fuels and air introduced for purposes of combustion. 65. Process weight rate—A rate in tons per hour established as
follows: A. The rate of materials introduced to the process which may cause any emission of particulate matter; B. For continuous or long-run steady-state emission units, the total process weight for the entire period of continuous operation or for a typical portion, divided by the number of hours of that period or portion; C. For cyclical or batch emission units, the total process weight for a period of time which covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during that period; or D. Where the nature of any process or operation or the design of any equipment permits more than one (1) interpretation of this section, that interpretation which results in the minimum value for allowable emission shall apply. 66. Product—For the purpose of 10 CSR 10-5.550 only, any compound or SOCMI chemical (see Appendix A of Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry, EPA-450/4-91-031) that is produced as thatchemical for sales as a product, by-product, co-product, or intermediate or for use in the production of other chemicals or compounds. 67. Production—Any collection of structures and/or equipment, that processes, assembles, applies, or otherwise uses material inputsto produce or store an intermediate or final product. A single facility may contain more than one (1) process or production unit.68. Production equipment exhaust system—A device for collecting and directing out of the work area fugitive emissions from reactor openings, centrifuge openings, and other vessel openings and equipment for the purpose of protecting workers from excessive

exposure. 69. Project-specific net emissions increase—The differencebetween permitted emissions to be emitted by the project that triggered a prevention of significant deterioration review and the base line 

## Page 2259 November 1, 2011 Vol. 36, No. 21 

### Missouri Registeremission inventory for the applicable project. 70. Protocol—A replicable and workable method to estimate the mass of emissions reductions, or the amount of ERCs needed for compliance. 71. Public vehicle—Any motor vehicle, other than a passenger vehicle, and any trailer, semi-trailer, or pole trailer drawn by such amotor vehicle, which is designed, used, and maintained for the transportation of persons or property at the public expense and under public control. 72. Publication rotogravure printing—Rotogravure printing upon paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements, and other types of printed materials. 73. Pushing operation—The process of removing coke from the coke oven. The coke-pushing operation begins when the coke-side oven door is removed and is completed when the hot car enters the quench tower and the coke-side oven door is replaced. 74. Pyrolysis—The endothermic gasification of hospital waste and/or medical/infectious waste using external energy.

AUTHORITY: section 643.050 and 643.055, RSMo 2000. Originalrule filed Aug. 16, 1977, effective Feb. 11, 1978. For intervening history, please consult the Code of State Regulations . Amended: Filed Sept. 16, 2011.

PUBLIC COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

PRIVATE COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500) in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin at 9:00 a.m., December 8, 2011. The public hearing will be held at the Elm Street Conference Center, 1730 East Elm Street, Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri.Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit a written or email statement of their views until 5:00 p.m., December 15, 2011. Written comments shall be sent to Chief, Air Quality Planning Section, Missouri Department of Natural Resources’ Air Pollution Control Program, PO Box 176, Jefferson City, MO 65102- 0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.



### Title 10—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.310 Restriction of Emissions from Municipal Solid
Waste Landfills . The commission proposes to amend subsections (1)(D) and (1)(E); amend sections (2), (3), and (5); add subsection (3)(C); amend subsections (4)(B), (4)(C), (6)(A), (6)(C), (6)(D), (7)(A), (7)(B), (7)(D), (7)(E), (8)(A) through (8)(D), (8)(F), (8)(G), (9)(B), and (10)(A). 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 requires owners of municipal solid waste landfills to report their landfill’s design capacity and non-methane organic compound (NMOC) emissions. Landfills having design capacities of two and one-half (2.5) million cubic meters or greater and NMOC emission rates of fifty (50) megagrams or greater shall design,install, and operate a gas collection and control system. This amendment is to maintain consistency with federal emission guidelines for existing municipal solid waste landfills promulgated as 40 CFR 60,Subpart Cc. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, are Federal Register updates published on April 10, 2000, October 17, 2000, and September 21,
2006.

(1) Applicability.

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

(E) When an MSW landfill subject to this rule is closed, the owner or operator is no longer subject to the requirement to maintain an operating permit under 40 CFR [part] 70 or 71 for the landfill if the landfill is not otherwise subject to the requirements of either 40 CFR [part] 70 or 71 and if either of the following conditions is met: 1. The landfill was never subject to a requirement for a control system under section (3) of this rule; or2. The owner or operator meets the conditions for control system removal specified in section 60.752(b)(2)(v) of 40 CFR 60, [s]Subpart WWW.

(2) Definitions. Definitions of certain terms specified in this rule may be found in 10 CSR 10-6.020. [Additional definitions are as
follows:

(A) Active collection system—A gas collection system that uses gas mover equipment;

(B) Active landfill—A landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future;

(C) Closed landfill—A landfill in which solid waste is no longer being placed, and in which no additional solid wasteswill be placed without first filing a notification of modification as prescribed under 40 Code of Federal Regulations (CFR) part 60.7(a)(4) (incorporated by reference). Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer
closed.

(D) Closure—That point in time when a landfill becomes a closed landfill;

(E) Commercial solid waste—All types of solid waste generated by stores, offices, restaurants, warehouses, and othernonmanufacturing activities, excluding residential and industrial wastes; 

## Page 2260 Proposed Rules November 1, 2011 Vol. 36, No. 21(8) Reporting Requirements. Except as provided in part (3)(B)2.A.(II) of this rule—

(B) Each owner or operator subject to the requirements of this rule shall submit an NMOC emission rate report to the director initially and annually thereafter, except as provided for in subparagraph (8)(B)1.B. or paragraph (8)(B)3. of this rule. The director may request such additional information as may be necessary to verify the reported NMOC emission rate. 1. The NMOC emission rate report shall contain an annual or five (5)-year estimate of the NMOC emission rate calculated using the formula and procedures provided in subsection (5)(A) or (B) of this rule, as applicable. A. The initial NMOC emission rate report shall be submittedwithin ninety (90) days of the rule effective date and may be combined with the initial design capacity report required in subsection (8)(A) of this rule. Subsequent NMOC emission rate reports shall be submitted annually thereafter, except as provided for in subparagraph (8)(B)1.B. and paragraph (8)(B)3. of this rule. B. If the estimated NMOC emission rate as reported in the annual report to the director is less than twenty-five (25) megagrams per year in each of the next five (5) consecutive years, the owner or operator may elect to submit an estimate of the NMOC emission ratefor the next five (5)-year period in lieu of the annual report. This estimate shall include the current amount of solid waste-in-place and the estimated waste acceptance rate for each year of the five (5) years for
which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based shall be provided to the director. This estimate shall be revised at least once every five (5) years.If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the five (5)-year estimate, a revised five (5)-year estimate shall be submitted to the director. The revised estimate shall cover the five (5)-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated
waste acceptance rate. 2. The NMOC emission rate report shall include all the data, calculations, sample reports, and measurements used to estimate the annual or five (5)-year emissions. 3. Each owner or operator subject to the requirements of this rule is exempted from the requirements of paragraphs (8)(B)1. and 2. of this rule after the installation of a collection and control system in compliance with paragraph (3)(B)2. of this rule, during such time as the collection and control system is in operation and in compliance with sections (4) and (6) of this rule.

(9) Record-Keeping Requirements. Except as provided in part (3)(B)2.A.(II) of this rule—

(A) Each owner or operator of an MSW landfill subject to the provisions of subsection (3)(B) of this rule shall keep for at least five (5) years up-to-date, readily accessible, on-site records of the design capacity report which triggered subsection (3)(B) of this rule, the current amount of solid waste-in-place, and the year-by-year waste acceptance rate. A longer period is acceptable if records are needed for an unresolved enforcement action. Records may be maintained off-site if they are retrievable within four (4) hours. Either paper copy or electronic formats are acceptable;

(C) Each owner or operator of a controlled landfill subject to theprovisions of this rule shall keep for five (5) years up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored in section (7) of this rule as well as upto-date, readily accessible records for periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. 1. The following constitute exceedances that shall be recorded and reported under subsection (8)(F) of this rule: A. For enclosed combustors except for boilers and process heaters with design heat input capacity of forty-four (44) megawatts (150 million British thermal units per hour) or greater, all three (3)-hour periods of operation during which the average combustion temperature was more than twenty-eight degrees Celsius (28 °C) belowthe average combustion temperature during the most recent performance test at which compliance with subparagraph (3)(B)2.C. of this rule was determined; and B. For boilers or process heaters, whenever there is a change
in the location at which the vent stream is introduced into the flame zone as required under paragraph (9)(B)3. of this rule. 2. Each owner or operator subject to the provisions of this rule shall keep up-to-date, readily accessible continuous records of the indication of flow to the control device or the indication of bypass flow or records of monthly inspections of car-seals or lock-and-key configurations used to seal bypass lines, specified under section (7)
of this rule. 3. Each owner or operator subject to the provisions of this rulewho uses a boiler or process heater with a design heat input capacity of forty-four (44) megawatts or greater to comply with subparagraph (3)(B)2.C. of this rule shall keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater. (Examples of such records could include records of steam use, fueluse, or monitoring data collected pursuant to other state or local regulatory requirements.)4. Each owner or operator seeking to comply with the provisions of this rule by use of an open flare shall keep up-to-date, readily accessible continuous records of the flame or flare pilot flamemonitoring specified under subsection (7)(C) of this rule and up-todate, readily accessible records of all periods of operation in which the flame or flare pilot flame is absent;



### Title 10—DEPARTMENT OF NATURAL RESOURCES
Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

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

10 CSR 10-6.020 Definitions and Common Reference Tables

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 2246–2260). No changes have been made in the textof the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication
in the Code of State Regulations

.

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



### Title 10—DEPARTMENT OF NATURAL RESOURCES
Division 10—Air Conservation Commission Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

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

## Page 613 April 16, 2012 Vol. 37, No. 8 

### Missouri Register