Jeremiah W. (Jay) Nixon, (;ow rnor • Sara Parker Pauley, Dirt"C(or 

T OF NATURAL RESOURCES 


www.dnr.mo.gov 

MAY - 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 ofNatural 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 ofNatural 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 ofrule published CSR 

Copy of commission signature page certifying Missouri Air Conservation Commission adoption 

Copy oftechnical 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 ofrulemaking with comments/responses 

c: Missouri Air Conservation Commission 
10 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 the

entire 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 (NOx) 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 NOx trading

program.

3. Account holder—Any person that

chooses to participate in the program by generating, buying, selling, or trading emission

reduction credits (ERCs).

4. Account number—The identification

number given to each NOx 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 of

emissions 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 per

year, 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 time

period 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, and

types 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 equivalent

to the actual emissions of the source operation or installation; and

C. 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-containing

material, 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 the

adhesion 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, or

prior 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 a

substrate, 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 the

geographic 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/or

rework 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 that

includes 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 manufacturing

facility 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 quality

may 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 CARNAHAN

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
24. Affected unit—A unit that is subject

to 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 combination

of 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

Emer gency 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 particulate

matter or any gas or vapor or any combination of them. 

29. Air contaminant source—Any and

all sources of emission of air contaminants

whether 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 source

material, 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 the

ambient 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 or

which unreasonably interfere with the enjoyment of life or use of property.

33. Air pollution alert—The level of an

air 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 special

bulletin 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 operated

and 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—Nonalcohol

additives 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 NOx allowances to be initially credited to a NOx 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 and

operator in matters pertaining to the Emissions Banking and Trading Program or any

other trading program in place of the authorized account representative.

43. Alternate site analysis—An analysis

of alternative sites, sizes, production processes, and environmental control techniques for

the proposed source which demonstrates that

benefits of the proposed installation significantly outweigh the environmental and social

costs 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 coating

applied 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—A

coating applied over biocidal antifoulant coating for the purpose of preventing release of

biocides 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)

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

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
and 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 that

implements 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 requirement

under 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 the

regulations 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 quality

standard 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 weight

or greater than sixty percent (60%) by volume of solvent solution as applied must be

water). 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 coating

recommended 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 or

importer 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 the

boundaries 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 dispersion

model 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 solids

content 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 varieties

of 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 friable

asbestos-containing material prior to demolition.

65. Asbestos abatement contractor—

Any person who by agreement, contractual or

otherwise, 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—An

individual 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 monitoring

of 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 in

1986 (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 one

hundred 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 it

containing the previously-mentioned quantities of asbestos-containing materials.

75. Asbestos removal project—An

asbestos abatement project consisting of

activities that involve, and are required to

take out, friable asbestos-containing materials from any facility. This definition includes,

but is not limited to, activities associated with

the 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 CARNAHAN

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
surface such as a previously-untreated surface.

78. Asphalt seal coat—An application of

a 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 owners

or 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 of

the 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 truck

adhesive—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 vehicle

primarily for the purpose of enhancing corrosion protection.

87. Automobile and light duty truck

deadener—A coating, used at an automobile

or 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 room

temperature vulcanization (RTV) seal material.

89. Automobile and light duty truck

glass bonding primer—A primer, used at 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. 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 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.

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; and 

G. Plastic parts coatings. (Customizers, bo dy shops, and other re paint ers are not

part of this definition.)

93. Automobile and light duty truck

trunk interior coating—A coating, used at an

automobile 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 an

automobile or light duty truck assembly coating installation, applied to the undercarriage

or 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 assembly

coating 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 NOx emission rate as

recorded by approved monitoring systems.

(B) All terms beginning with “B.”

1. Bag leak detection system—An

instrument 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 not

limited 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 cured

at a temperature at or above one hundred ninety-four degrees Fahrenheit (194 °F).

3. Base year—The year chosen in the

state implementation plan to directly correlate emissions of the nonattainment pollutant

in the nonattainment area with ambient air

quality data pertaining to the pollutant. From

the 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, or

other 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

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

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
installation 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; and 

B. 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 each

baseline 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 subject

to 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 material

through sequential manufacturing steps, typically characterized as non-steady-state. For

the 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 product

separators. 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 the

batch 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 a

visible 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 is

achievable for the installation or major modification through application of production

processes or available methods, systems, and

techniques, 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 would

exceed 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 to

require the application of BACT. This standard, to the degree possible, shall set forth

the emission reduction achievable by implementation of the design, equipment, work

practice, or operation and shall provide for

compliance by means which achieve equivalent results. 

16. Beverage alcohol—Consumable

products and their process intermediates and

by-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., intended

for 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 CARNAHAN

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

being 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 gasoline

cargo 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 tank

and has a gasoline throughput of twenty thousand (20,000) gallons per day or greater.

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.

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 is

sealed. 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, 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); an

inlet 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 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 finishing

material, strippable booth coating, or solvent, measured using the EPA Method 24 or

an 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 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

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Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6
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 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 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-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 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 longer being 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 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 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 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 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 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; or

B. For units which commenced construction after November 15, 1990, supplies

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). 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 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 hundred 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

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

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
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 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 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 NOx 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 NOx 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 NOx 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 NOx 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 NOx budget unit under section (1) of 10

CSR 10-6.360 on the date of commencement

of operation, the date the unit becomes a NOx

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 medical

centers, 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 NOx units are exhausted.

53. Compliance account—A NOx

allowance tracking system account, established for an affected unit, in which the NOx

allowance allocations for the unit are initially

recorded and in which are held NOx

allowances available for use by the unit for a

control period for the purpose of meeting the

unit’s NOx emission limitation.

54. Compliance certification—A submission to the director or the administrator,

that is required to report a NOx budget

source’s or a NOx budget unit’s compliance

or noncompliance with stated requirements

and that is signed by the NOx 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 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 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 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 obtain or retain

business advantages it derives from its rights

in the information. For the purpose of 10

CSR 10-6.300, confidential business information (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

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Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6
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 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 pressure

or clamping of surfaces after the adhesivecoated 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

actions of 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 continuously applies finishing materials onto furniture parts moving along a conveyor system. Finishing materials that are not

transferred to the part are 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 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 every

fifteen (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 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

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 contracted

company who shall implement the decentralized motor vehicle emissions inspection program as 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 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 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 the point 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.

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 CARNAHAN

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
cylindrical 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)—The

terminal 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 received

departmental 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 permit

issued 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 and

one-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 product

resulting 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 engine

in 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 the

form of an image, from a computer to a variety of substrates. Digital printing methods

include, 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 as

measured 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 action

and originate in a nonattainment or maintenance area and occur at the same time and

place 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 of

a 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 the

temperature 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 of

emissions 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 apply

only 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 installation

of 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 an

intent 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 of

merging 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

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

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
the 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, and

improvements 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 exit

stream 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 vessel

in 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 alkaline

sorbent (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)—NOx

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 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 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 thermal

units (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 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 to a 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 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 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 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—For

the 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 10-5.510

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 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 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 NOx authorized account representative

and as determined by the administrator. 

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

Secretary of State

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

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 with

the 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 further

progress 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 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 this 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 not meant 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 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 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 analyzing for 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-half

percent (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 least forty percent (40%) in

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

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
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. For installations 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 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, 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 fluid model 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 February 24, 1971, except that if

equipment, 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 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. 

50. Extreme environmental conditions—

The exposure to any of the weather all of the

time, 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-523

adopted 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); or

C. 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-on

air pollution control system that removes particulate matter and nonvaporous metals emissions by passing flue gas through filter bags.

3. Facilities manager—The individual in

charge of purchasing, maintaining, and operating the HMIWI or the owner’s or operator’s

representative 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 engaged

in 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 any

way, 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 Transit

Act (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 by

the 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 CARNAHAN

Secretary of State

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

mill 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—The

part of a finishing operation where the finishing material is applied, e.g., a spray booth.

13. Finishing material—A coating used

in 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 is

required 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 performance

of 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 flexible

package 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 of

contaminants 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 or

hydraulic 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 color

matching without masking a molded-in texture.

27. Food service establishment—Any

fixed 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. For

the 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 input

starting 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 solution

which 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 cooling

coils 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 the

solvent 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 the

inside 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 is

applied to ceilings, walls, structural members, piping, ductwork, or any other part of a

building or facility and which, when dry, may

be 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,

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

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
chimney, vent, or other functionally-equivalent opening.

(G) All terms beginning with “G.”

1. Gas mover equipment—The equipment (i.e., fan, blower, compressor) used to

transport 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 does

not 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 NOx allowance

tracking system account that is not a compliance account or an overdraft account.

8. General aviation—Segment of civil

aviation that encompasses all facets of aviation except air carriers, commuters, and military. General aviation includes charter and

corporate-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 the

purpose 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 sources

in the presence of heat and sunlight. Groundlevel ozone is a strong oxidizer that negatively affects human health by causing diminished lung function in both healthy

individuals and those with pre-existing respiratory problems.

20. Growth increment—The limit on

new installation or major modification emissions of a nonattainment pollutant. Growth

increment 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 process

knowledge 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 less

in 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, or

consideration 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 CARNAHAN

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
as measured, recorded, and reported to the

administrator by the NOx 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; and

C. 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 coating

which 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 the

application 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 architectural

coating—A coating used to protect architectural subsections and which meets the

requirements of the Architectural Aluminum

Manufacturer Association’s publication number AAMA 2604-05, Voluntary Specification, Performance Requirements, and Test

Procedures for High Performance Organic

Coatings on Aluminum Extrusions and Panels or AAMA 2605-05, Voluntary Specification, Performance Requirements, and Test

Procedures for Superior Performing Organic

Coatings 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, when

fuel 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 10-6.390

only, 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 who

operates, 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 primary

function 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 not

acutely 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 transfers

hot 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 open

burning 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; and 

E. 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—

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

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 imposed

on 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 source

operation 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 installation

adhesive—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 sheet

flooring 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 waste

generated 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 miscellaneous

plastic 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 items

intended 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 of

being communicated by invasion and multiplication in body tissues and capable of causing disease or adverse health impacts in

humans.

11. Initial emissions inspection—An

emissions 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 the

assembly 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 in

these 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-bake

reprocess 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, under

AHERA, 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 control

of the same person (or persons under common control). 

19. Institutional cleaning—Cleaning

activities 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 the

rectangular 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 work

rolls 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 at

gauges 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 by

accepting 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 CARNAHAN

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
25. 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 or

is 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 horizontal

expansion 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 relative

to 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—Any

individual 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 energy

from 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 be

considered 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, distillate

oil, residual oil, waste oil, and process liquids.

16. Liquid-mounted seal—A primary

foam- 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 and

non-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 a

raised 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).

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

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
23. 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-NOx burners—A type of burner (a device that functions as an injector of

fuel and combustion air into a boiler or kiln

to 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, into

the 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 expressed

in 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 the

proposed source demonstrates that the limitations are not achievable; or

B. The most stringent emission limitation which is achieved in practice by the

class or category of source, whichever is

more stringent. LAER shall not be less stringent than the new source performance standard limit. 

27. Low vapor pressure hydrocarbonbased cleaning solvent—A cleaning solvent

that 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 control

technology)—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 reductions

and 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 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 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 (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 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 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 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 reasonablypreventable 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 that includes 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

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

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
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 the lowest 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 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 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 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 in

accordance 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 CO2) or the

minimum oxygen concentration (in percent

O2).

19. Maximum potential NOx emission

rate—The NOx emission rate of nitrogen

oxides (in lb/mmBtu) calculated in accordance with section 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

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 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 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 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 associated biologicals, 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, and body 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, 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 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 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 (500

lbs) per hour; or a batch HMIWI whose maximum charge rate is more than four thousand

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

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
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 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 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 specially-designed fuel injection mechanism for the

purpose of decreasing NOx 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 dioxin/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 most recent 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 NOx 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 the highest 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 NOx emission limits.

40. Minor violation—A violation which

possesses 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 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 this

paragraph 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 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 CARNAHAN

Secretary of State

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

by either 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 (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 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 requirements 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 Test Procedures, 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 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 to

provide 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 vehicle

surfaces 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 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 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 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 assembly

coating 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 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 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

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

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
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 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 measured

in 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 (PM10 and

PM2.5), and sulfur dioxide (SO2).

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—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 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 height 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 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 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 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 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 (NOx) 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 or

replacement 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. NOx allowance—An authorization

by the department or the administrator under

a NOx trading program to emit one (1) ton of

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

20. NOx allowance deduction or deduct

NOx allowances—The permanent withdrawal

of NOx allowances by the administrator from

a NOx allowance tracking system compliance

account or overdraft account to account for

the number of tons of emissions from a NOx

budget unit for a control period, determined

in accordance with a rule, or for any other

NOx allowance surrender obligation required.

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

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
21. NOx allowance tracking system—

The system by which the director or the

administrator records allocations, deductions,

and transfers of NOx allowances under a NOx

trading program.

22. NOx allowance tracking system

account—An account in the NOx allowance

tracking system established by the director or

administrator for purposes of recording the

allocation, holding, transferring, or deducting of NOx allowances.

23. NOx 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 NOx 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

NOx allowances may be submitted for recordation in a NOx budget unit’s compliance

account, or the overdraft account of the

source where the unit is located, in order to

meet the unit’s NOx budget emissions limitation for the control period immediately preceding such deadline.

24. NOx allowances held—The NOx

allowances recorded by the director or administrator, or submitted to the director or

administrator for recordation, in accordance

with a rule, in a NOx allowance tracking system account.

25. NOx authorized account representative—The natural person who is authorized

by the owners or operators of the source and

all NOx 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 NOx trading program

or, for a general account, the natural person

who is authorized to transfer or otherwise

dispose of NOx allowances held in the general account in accordance with the applicable

rules. 

26. NOx budget emissions limitation—

For a NOx budget unit, the tonnage equivalent of the NOx allowances available for compliance deduction for the unit and for a

control period adjusted by any deductions of

such NOx 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 NOx

budget program or for a change in regulatory

status for an affected unit.

27. NOx budget permit—The legallybinding and federally-enforceable written

document, or portion of such document,

issued by the director, including any permit

revisions, specifying the NOx budget trading

program requirements applicable to a NOx

budget source, to each NOx budget unit at the

NOx budget source, and to the owners and

operators and the NOx authorized account

representative of the NOx budget source and

each NOx budget unit.

28. NOx budget source—A source that

includes one (1) or more NOx budget units.

29. NOx 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. NOx budget unit—A unit that is subject to the NOx budget trading program emissions limitation under section (1) or paragraph (3)(H)1. of 10 CSR 10-6.360.

31. NOx emission rate—The amount of

NOx emitted by a combustion unit in pounds

per million British thermal units of heat input

as recorded by approved monitoring devices.

32. NOx emissions limitation—For an

affected unit, the tonnage equivalent of the

NOx emissions rate available for compliance

deduction for the unit and for a control period adjusted by any deductions of such NOx

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 NOx trading

program or for a change in regulatory status

for an affected unit.

33. NOx opt-in unit—An EGU whose

owner or operator has requested to become

an affected unit under a NOx trading program

and has been approved by the department.

34. NOx unit—Any fossil-fuel-fired stationary boiler, combustion turbine, internal

combustion 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 emissions

anticipated 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 NOx emissions will require an offset ratio of actual emission reduction to new

emissions 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 from

the 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 all

light duty 1996 and newer model year vehicles for sale in the United States. The OBD

system 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—A

test 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 required

minimum overall system efficiency of ninetyfive percent (95%), as certified under thirdparty evaluation, while dispensing fuel without difficulty to both ORVR-equipped and

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

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
non-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 of

incident 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 in

which 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 the

time 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 NOx 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 NOx budget

unit, a NOx budget source, or an affected unit

under a NOx 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 NOx 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 installation

adhesive—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 the

product of the capture and control device efficiencies, expressed as a percentage.

25. Overdraft account—The NOx

allowance tracking system account established by the director or administrator for

each NOx budget source where there are two

(2) or more NOx budget units or for each

NOx 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 NOx budget unit;

B. Any holder of a leasehold interest

in a NOx budget unit;

C. Any purchaser of power from a

NOx 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 NOx budget unit; or

D. With respect to any general

account, any person who has an ownership

interest with respect to the NOx allowances

held in the general account and who is subject to the binding agreement for the NOx

authorized account representative to represent

that person’s ownership interest with respect

to NOx 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 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 as the 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

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

Secretary of State

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

emit fifty (50) tpy or more of carbon monoxide; and 

(IV) For particulate matter less

than ten (10) micrometers (PM10) nonattainment areas classified as “serious,” sources

with the potential to emit seventy (70) tpy or

more of PM10;

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—

(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) PM10—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

(III) PM2.5—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 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

(V) Primary PM10 (Also known as

direct PM10, total PM10, PM10, or the combination of filterable PM10 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 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

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

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
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 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 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 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; 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, 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 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

the maximum 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.

45. Precursors of a criteria pollutant

are—

A. For ozone, nitrogen oxides (NOx),

unless an area is exempted from NOx requirements under section 182(f) of the CAA, and

volatile organic compounds (VOCs);

B. For PM10, those pollutants

described in the PM10 nonattainment area

applicable SIP as significant contributors to

the PM10 levels; and

C. For PM2.5—

(I) Sulfur dioxide (SO2) in all

PM2.5 nonattainment and maintenance areas;

(II) Nitrogen oxides in all PM2.5

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 (NH3) 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 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 coating applied to metal

parts and products which are to be used as an

architectural structure.

48. Preheater/precalciner kiln—A kiln

where 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 CARNAHAN

Secretary of State

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

purposes 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 more than 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 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 the

final product. 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 an

automobile 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, 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 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 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 Manufacturing Industry, EPA450/4-91-031). 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 steadystate emission units, the total process weight

for the entire period of continuous operation

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

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 that chemical 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 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 that

triggered 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, newspaper

supplements, and other types of printed materials. 

73. Pushing operation—The process of

removing 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.

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

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
74. 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 or

adjustment 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 the

department’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 qualifying

repair. 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 labor

costs, 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 operations

in 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 feature

of 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 not

been 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 by

the 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, to

come into possession of a document, information, or correspondence (whether sent in

writing or by authorized electronic transmission), as indicated in an official correspondence log, or by a notation made on the document, information, or correspondence, by

the director or the administrator in the regular course of business.

7. Recognized labor costs—The labor

costs that a Recognized Repair Technician

charges for emissions repair services rendered to a vehicle that fails its emissions

inspection. 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 the

department to the attorney general for unlawful merchandising practices according to subsection 643.330.4., RSMo.

9. Reconstruction—Where the fixed

capi tal cost of the new components exceeds

fifty percent (50%) of the fixed capital cost of

a comparable entirely new source of operation or installation; the use of an alternative

fuel or raw material by reason of an order in

effect under sections 2(a) and (b) of the Energy Supply and Environmental Coordina tion

Act 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 NOx allowances, the movement of NOx allowances by the director or

administrator from one (1) NOx 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 an

organic 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 coating

motor vehicles, or their parts, that is subsequent to the original coating applied at an

original equipment manufacturing plant.

18. Refuse—The garbage, rubbish, trade

wastes, 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 CARNAHAN

Secretary of State

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

composite 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 wood

and 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 asbestos

material that has been damaged. Repair consists of the application of rewettable glass

cloth, canvas, cement, or other suitable material. It may also involve filling damaged areas

with nonasbestos substitutes and reencapsulating or painting previously-encapsulated

materials.

30. Repair coating—A coating used to

re-coat portions of a previously-coated product which has sustained mechanical damage

to the coating following normal coating operations.

31. Reportable pollutants—The regulated air pollutants at the process level required

for emission inventory reporting as summarized in Table 1 of 10 CSR 10-6.110.

32. Reporting threshold—Minimum

amount 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 such

source 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 operated

only 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 is

applied 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 other

person who performs similar policy and decision-making functions for the corporation, or

a duly-authorized representative of this person if the representative is responsible for the

overall 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 includes

the chief executive officer having responsibility for the overall operations of a principal

geographic unit of the agency; or 

D. The designated representative of

an affected source insofar as actions, standards, requirements, or prohibitions under

Title IV of the Act or the regulations promulgated under the Act are concerned and the

designated representative for any other purposes under part 70.

40. Restricted information—Information

that 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 oxygen

content 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-based

oil 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 limited

to, 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. 

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

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
3. 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-containing

material 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 the

installation or major modification itself. Secondary emissions must be specific, welldefined, quantifiable, and impact the same

general 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; and 

B. 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 that

would 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 component

for purposes of corrosion prevention, environmental protection, and function fluid

resistance. More than one (1) layer of identical coating formulation may be applied to the

vehicle or component.

9. Semi-aqueous cleaning solvent—A

solution 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

NOx allowances, the unique identification

number assigned to each NOx 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 liners

by 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 been

combusted 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 physically

removing, 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 a

welded, 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 intended

to 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 roof

membrane 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 a

minimum, attaching the edge of the membrane to the edge of the roof and applying

flashings 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 reference

in this rule, as published by the U.S. Government Printing Office, 732 N Capitol

Street 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 CARNAHAN

Secretary of State

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

maximum 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 particles

resulting 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, or

manufacturing 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 thin

coating 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, sludge

from a wastewater treatment plant, water supply treatment plant, or air pollution control

facility; 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 in

domestic 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 that

emits 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 motor

vehicles, that has been issued a specially-constructed VIN number from the MDOR, and

that has had the specially-constructed VIN

installed by the MSHP. The term speciallyconstructed vehicle includes kit vehicles that

are motor vehicles assembled by a person

other than a generally-recognized manufacturer of motor vehicles by the use of a glider

kit or replica purchased from an authorized

manufacturer 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 those

of 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 used

to 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 such

as 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 vapors

that would otherwise be emitted when gasoline is transferred from a loading installation

to 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 vapors

that 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 operation

of 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

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

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
HMIWI, 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 permitting

authority, 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 specified

in 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 NOx 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 meaning

where such meaning is clear from the context.

58. State implementation plan—A series

of plans adopted by the commission, submitted by the director, and approved by the

administrator detailing methods and procedures to be used in attaining and maintaining

the ambient air quality standards in Missouri.

59. State trading program NOx budget—

The total number of tons apportioned to all

NOx budget units in a given state, in accordance with the NOx 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, or

installation 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 engine

replaced 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 emits

or 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. Submerged

fill 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 migration

control 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 without

causing 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 and

Stage 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 a

line 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 approves

the 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 CARNAHAN

Secretary of State

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

or 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 as

approved 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 NOx 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 remaining

fraction 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 ap plied 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 the

federal 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 conformity

analyses 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 vent

stream, 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 of

controlling a given vent gas stream is acceptable when considering the emissions reduction achieved.

19. Touch-up coating—A coating used

to cover minor coating imperfections appearing after the main coating operation.

20. Touch-up and repair operation—

That portion of the coating operation that is

the incidental application of finishing materials used to cover minor imperfections in the

coating 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, or

industry 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 been

subjected 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 a

federally-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 milling

etchant 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. 

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

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
2. Unit—A fossil-fuel-fired combustion

device 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 other

specified 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 heat

input 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 NOx budget unit was

otherwise subject to the requirements of 40

CFR 75 for the year or will be based on the

best 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 an

engine’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, or

upgrading 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 H2O). 

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 information

is 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 the

MDAS 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 discharge

from unit operations also would be considered process vents.

10. Vent stream—Any gas stream discharge directly from a distillation operation

or 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 or

obscures 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 in

atmospheric 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 # Compound

138495428 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-C3F7OCH3 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 (C4F9OCH3

or HFE-7100)

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

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
163702087 2-(difluoromethoxymethyl)-

1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3)

163702054 1-ethoxy-1,1,2,2,3,3,4,4,4-

nonafluorobutane 

(C4F9OC2H5 or HFE-7200)

163702065 2-(ethoxydifluoromethyl)-

1,1,1,2,3,3,3-heptafluoropropane ((CF3)2

CFCF2OC2H5)

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 (HCOOCH3) 

0 1,1,1,2,2,3,4,5,5,5-decafluoro3-methoxy-4-trifluoromethylpentane

(C2F5CF(OCH3)CF(CF3)2 or

HFE-7300)

108327 propylene carbonate (C4H6O3)

616386 dimethyl carbonate (C3H6O3)

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 unsaturations

0 Sulfur-containing perfluorocarbons with no unsaturations and 

with 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, photochemical

dispersion 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) mmHg

at twenty degrees Celsius (20 °C). To evaluate VOC volatility for single unit operations

that service numerous VOCs or for processes

handling 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 crude

oil 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 device

to 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 classification

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

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
codes: 2434, 2511, 2512, 2517, 2519, 2521,

2531, 2541, 2599, or 5712.

12. Wood furniture component—Any

part that is used in the manufacture of wood

furniture. 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 of

wood 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, or

portion of it, is secured and access restrictions are in place. The area remains designated as a work area until the time that it has

been cleaned in accordance with any requirements applicable to these operations.

15. Working day—A day, or any part of

a 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

PM10 15.0

PM2.5 10.0

SO2 (PM2.5 precursor) 40.0

NOx (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 PM2.5 concentrations)

Sulfur dioxide 40.0

Ozone

VOC (Ozone precursor) 40.0

NOx (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 of 

charging 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 combination 

thereof) 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 heat

27. 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 Asbestos

71432 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 CARNAHAN

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
94757 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 Dimethyl phthalate

77781 Dimethyl sulfate

534521 4,6-Dinitro-o-cresol and salts

51285 2,4-Dinitrophenol

121142 2,4-Dinitrotoluene

123911 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 Hexachloroethane

822060 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 ether

101144 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 Parathion

82688 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 oxide

75558 1,2-Propylenimine (2-Methylaziridine)

91225 Quinoline

106514 Quinone

100425 Styrene

96093 Styrene oxide

1746016 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-Toluidine

8001352 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 Compounds1

0 Glycol ethers2

0 Lead Compounds

0 Manganese Compounds

0 Mercury Compounds

0 Fine mineral fibers3

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

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

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
glycol 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 aspect

ratio (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 for

performing emissions sampling on air pollution sources throughout Missouri, only as

specified 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 as

determined by the director shall be determined as specified by 40 CFR part 60,

Appendix A—Test Methods, Method 17—

Determina tion of Particulate Emissions from

Stationary Sources (In-Stack Filtration

Method).

(C) The concentration of particulates of

PM10 shall be determined as specified by 40

CFR part 51, Appendix M—Test Methods,

Method 201—Determination of PM10 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 PM10 emissions.

(D) The concentration of particulates of

PM10 shall be determined as specified by 40

CFR part 51, Appendix M—Test Methods,

Method 201A—Determination of PM10 Emis -

sions (Constant Sampling Rate 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 PM10 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 PM2.5 and PM10 Emissions

By Dilution Sampling (Constant Sampling

Rate Procedures—July 2004) may be used to

determine the total PM10 and PM2.5 fraction

of filterable particulate matter including condensibles.

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

Secretary of State

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

---", cfk-L-ce~~~,-c~· --=(ij :.......:..:.::::::.---, Member 

~~~~~~~~~~~. _______________,Member

____________________________, Member 

______________________________,Member 

_______________________________, Member 
------------

PUBLISHER'S AFFIDAVIT 


STATE OF MISSOURI,) 

)ss. 

COUNTY OF COLE) 

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

Missouri Newspapers, Inc., Publisher of the News Tribune, a newspaper printed and 

published in the County of Cole, and State aforesaid; that said newspaper has been 

published continuously for more than three years; and that the notice hereto attached was 

published in said paper in compliance with the provisions of Section 493.050 

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

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

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

3rd insertion, No. _________day of ,20____ 

4th insertion, No. ___________ day of , 20 

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

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

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

.\ -1 

lilrbaM. ~Cwftil!!,,¥fH, ',pcc, 

.. , 

My term as Notary Public expires ______________ 
MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

JEFFERSON CITY, MO The Missouri Air Conservation Commission will 

hold a public hearing on the use of fuel in hand-fired equipment; coal 

washing; control of emissions from mdustrial processes, solvent cleaning 

operations, and municipal solid waste landfills; and definitions and common 

reference tables on Thursday, December 8, 2011. The Public Hearing will 

begin at 9 a.m. at the Elm Street Conference Center, 1730 East Elm Street, 

Lower Level, Bennett Springs Conference Room, Jefferson City, Missouri. 

The commission will hear testimony related to the following item(s). 

* 10 CSR 10-5.040 (amendment) Use of Fuel in Hand-Fired Equipment Prohibited 

This proposed amendment will allow the burning of certain fuels, such as 

clean wood and biomass, in non-residential hand-fired equipment in the St. 

Louis Metropolitan area. Combustion practices and restrictions will be 

specified to ensure the eqUipment is operated in an environmentally-sound 

manner. 

* 10 CSR 10-5.455 (amendment) Control of Emissions from Industrial 

Solvent Cleaning Operations 

This proposed amendment will incorporate a change requested during the 

public comment period on a recent rulemaking that was not integrated into 

the rule text in the manner intended by the commenter. This change to the 

rule will incorporate equipment cleaning work practices as a compliance 

option for manufacturers of coatings, inks, and resins in the St. Louis area. 

* 10 CSR 10-5.130 (amendment) Certain Coals to be Washed 

This proposed amendment will update the area specific indirect heating rule 

references with the new statewide consolidated indirect heating rule 10 CSR 

10-6.405 that became effective October 30, 2011. 

* 10 CSR 10-6.020 (amendment) Definitions and Common Reference Tables 

This proposed amendment will update the area specific indirect heating rule 

references with the new statewide consolidated indirect heating rule 10 CSR 

10-6.405 that became effective October 30, 2011. At the same time, this 

rulemaking adds definitions of particulate matter for consistency with a December 2010 federal register notice that updated the federal definitions of 

particulate matter and removes the reference to 10 CSR 10-6.010 which is 

not necessary because it is redundant to national ambient air quality 

standards. 

* 10 CSR 10-6.400 (amendment) Restriction of Emission of Particulate 

Matter From Industrial Processes 

This proposed amendment will update the area specific indirect heating rule 

references with the new statewide consolidated indirect heating rule 10 CSR 

10-6.405 that became effective October 30, 2011. 

* 10 CSR 10-5.490 (amendment) Municipal Solid Waste Landfills 

This proposed amendment will update the rule to maintain consistency with 

the federal emission guidelines for municipal solid waste landfills, subpart 

Cc, that were published in the Federal Register on April 10, 2000, October 

17, 2000, and September 21, 2006. These updates corrected typographical 

and formatting errors and corrected inconsistencies from previous final rule 

actions. At the same time, additional language and formatting changes are 

being made for consistency with 10 CSR 10-6.310. Note that definitions proposed for removal in this rulemaking have been added to the general definition rule, 10 CSR 10-6.020. 

* 10 CSR 10-6,310 (amendment) Restriction of Emissions from Municipal 

Solid Waste Landfills 

This proposed amendment will update the rule to maintain consistency with 

the federal emission guidelines for municipal solid waste landfills, subpart 

Cc, that were published in the Federal Register on April 10, 2000, October 

17, 2000, and September 21, 2006. These updates corrected typographical 

and formatting errors and corrected inconsistencies from previous final rule 

actions. Note that definitions proposed for removal in this rulemaking have 

been added to the general definition rule, 10 CSR 10-6.020. 

* The State Implementation Plan Actions on Public Notice website 

(http://dnr.mo.gov/env/apcp/stateplanrevisions.htm) should also be viewed 

for plan actions that are included in the publiC hearing. 

Documents for the above item(s) will be available for review at the Missouri 

Department of Natural Resources, Air Pollution Control Program, 1659 Elm 

Street, Jefferson City, (573) 751-4817 and in the Public Notices section of 

the program web site www.dnr.mo.gov/env/apcp/index.htmI.This information will be available at least 30 days prior to the public hearing date. 

Persons with disabilities requiring special services or accommodations to 

attend the meeting can make arrangements by calling the Department 

directly at (573) 526-4679, the Department's toll free number at 

(800) 334-6946, or by writing two weeks in advance of the meeting to: Missouri Department of Natural Resources, Air Conservation Commission 

Secretary, P.O. Box 176, Jefferson City, MO 65102. Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966. 

The commission holds public hearings under the provisions of chapter 643, 

RSMo. Citizens wishing to speak at the public hearing should notify the 

secretary to the Missouri Air Conservation CommisSion, Missouri Department of Natural Resources, Air Pollution Control Program, P.O. Box 176, 

Jefferson City, Missouri 65102-0176, or telephone (573) 526-4679. The Department requests persons intending to give verbal presentations also provide a written copy of their testimony to the commission secretary at the 

time of the public hearing. The Department also will accept written or email 

comments for the record until 5 p.m. on December 15, 2011; please send 

written comments to Chief, Air Quality Planning Section, Air Pollution 

Control Program, P.O. Box 176, Jefferson City, MO 65102-0176. Email comments regarding rule actions shall be sent to apcprulespn@dnr.mo.gov and 

email comments regarding plan actions shall be sent to 

apcpsip@dnr.mo.gov. All written and email comments and public hearing 

testimony will be equally considered. 

Public hearing items may be adopted by the Missouri Air Conservation 

Commission as provided for under authority of 643.050, RSMo. For more information or a complete meeting agenda, including items being presented 

for adoption, contact the Missouri Department of Natural Resources' Air 

Pollution Control Program at (573) 751-4817. 

N.T. November 6, 2011 
PUBLIC HEARING 12/8/2011

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

MIDWEST LITIGATION SERVICES

Page 1

 BEFORE THE AIR CONSERVATION COMMISSION

 STATE OF MISSOURI

 DECEMBER 8, 2011

 MISSOURI AIR CONSERVATION COMMISSION

 PUBLIC HEARING

 Elm Street Conference Center

 1730 East Elm Street

 Lower Level

 Bennett Springs Conference Room

 Jefferson City, Missouri 65101

 9:00 a.m.

 BEFORE:

 Mark Garnett, Chairman

 Gary Pendergrass

 Ron Boyer

 Jack Baker

 David Zimmermann

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

REPORTED BY:

Pamela Fick, RMR, RPR, MO CCR #447

Midwest Litigation Services

3432 West Truman Boulevard, Suite 207

Jefferson City, Missouri 65109

(573) 636-7551

1-800-280-3376
PUBLIC HEARING 12/8/2011

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

MIDWEST LITIGATION SERVICES

Page 2

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

2 CHAIRMAN GARNETT: The hearing will come

3 to order. Let the record show the following

4 Commissioners are present: Mark Garnett, David

5 Zimmermann, Gary Pendergrass, Ron Boyer and Jack

6 Baker.

7 The Air Conservation Commission of the

8 State of Missouri has called this public hearing

9 pursuant to Section 643.070, Revised Statutes of

10 Missouri, EPA promulgated rule 40 CFR 51.102 for the

11 purpose of hearing testimony relating to:

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

14 (amendment) Control of Emissions from Industrial

15 Solvent Cleaning Operations; 10 CSR 10-5.130

16 (amendment) Certain Coals to be Washed;

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

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

19 Restriction of Emission of Particulate Matter From

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

21 Municipal Solid Waste Landfills; 10 CSR 10-6.310

22 (amendment) Restriction of Emissions from Municipal

23 Solid Waste Landfills; Missouri State Implementation

24 Plan Revision - 2013 Cross-State Air Pollution Rule

25 State Allowance Allocations for Existing Units For
PUBLIC HEARING 12/8/2011

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

MIDWEST LITIGATION SERVICES

Page 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 ambient
AUTHORITY: 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. The

purpose of this rulemaking is to update the references to the area specific indirect heating rules with the new statewide consolidated indirect heating rule. 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. The

evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, is new rule 10 CSR 10-6.405, Restriction of

Particulate Matter Emissions From Fuel Burning Equipment Used For

Indirect Heating which replaces the area specific indirect heating

rules 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 power

generating 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); an

inlet 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 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 finishing material, strippable booth coating, or solvent,

measured using the EPA Method 24[,] or an 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

Page 2246 Proposed Rules

November 1, 2011

Vol. 36, No. 21
in 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 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 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-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 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 longer

being 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 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 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 this

definition, 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 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; or

B. For units which commenced construction after November

15, 1990, supplies 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). 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 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

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hundred 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 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 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 NOx 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 NOx 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 NOx 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 NOx 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 NOx budget unit under section (1) of 10 CSR 10-6.360 on the date

of commencement of operation, the date the unit becomes a NOx

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 medical

centers, 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 NOx units are exhausted.

53. Compliance account—A NOx allowance tracking system

account, established for an affected unit, in which the NOx allowance

allocations for the unit are initially recorded and in which are held

NOx allowances available for use by the unit for a control period for

the purpose of meeting the unit’s NOx emission limitation.

54. Compliance certification—A submission to the director or

the administrator, that is required to report a NOx budget source’s or

a NOx budget unit’s compliance or noncompliance with stated

requirements and that is signed by the NOx 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 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 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 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 obtain

or retain business advantages it derives from its rights in the information. For the purpose of 10 CSR 10-6.300, confidential business

information (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 pipe

work, building of permanent storage structures, and other construction activities related to the source operation.

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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 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 actions

of 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 continuously

applies finishing materials onto furniture parts moving along a conveyor system. Finishing materials that are not transferred to the part

are 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 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 every fifteen (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 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 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 contracted company who shall implement the decentralized motor vehicle emissions inspection program

as 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 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 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 the

point 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 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 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)—NOx 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 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

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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 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 coating

method 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 to

a 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 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 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 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—For the 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 10-5.510 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 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 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 NOx 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 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 [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, 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 with the 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 further progress 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 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

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this 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 not

meant 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 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 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 analyzing

for 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-half

percent (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 least

forty 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. For

installations 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 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, 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 fluid

model 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 February

24, 1971, except that if equipment, 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-[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 to

coat 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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50. Extreme environmental conditions—The exposure to any of

the 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)—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 reductions and 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 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 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 (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 that

includes 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 the

lowest 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 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 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

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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[,] in accordance 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

CO2) or the minimum oxygen concentration (in percent O2).

19. Maximum potential NOx emission rate—The NOx emission

rate of nitrogen oxides (in lb/mmBtu) calculated in accordance with

section 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 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 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 associated

biologicals, 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, and

body 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, 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 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 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 (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 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 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 NOx

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

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Vol. 36, No. 21 Missouri Register
dioxin/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 most

recent 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 NOx 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 the

highest 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 NOx emission limits.

40. Minor violation—A violation which possesses 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 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 this

paragraph 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 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.; 

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 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 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 by

either 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 (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 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

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Vol. 36, No. 21
requirements 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 Test

Procedures, 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, 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 to provide 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 vehicle surfaces 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 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 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 [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 assembly

coating 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 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 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 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 measured in accordance with the United States Department of

Energy 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 (NO2), ozone, particulate matter (PM10 and PM2.5), and sulfur dioxide (SO2);

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; and

B. 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

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Vol. 36, No. 21 Missouri Register
height 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 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-[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 to

oxidant formation. They allow ozone to accumulate in the atmosphere.

10. Nonaqueous solvent—Any solvent not classifiable as an

aqueous 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 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 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 (NOx)

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 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 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. NOx allowance—An authorization by the department or the

administrator under a NOx trading program to emit one (1) ton of

NOx during the control period of the specified year or of any year

thereafter.

20. NOx allowance deduction or deduct NOx allowances—The

permanent withdrawal of NOx allowances by the administrator from

a NOx allowance tracking system compliance account or overdraft

account to account for the number of tons of emissions from a NOx

budget unit for a control period, determined in accordance with a

rule, or for any other NOx allowance surrender obligation required.

21. NOx allowance tracking system—The system by which the

director or the administrator records allocations, deductions, and

transfers of NOx allowances under a NOx trading program.

22. NOx allowance tracking system account—An account in the

NOx allowance tracking system established by the director or administrator for purposes of recording the allocation, holding, transferring, or deducting of NOx allowances.

23. NOx 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

NOx 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 NOx allowances may be submitted for recordation in a NOx

budget unit’s compliance account, or the overdraft account of the

source where the unit is located, in order to meet the unit’s NOx budget emissions limitation for the control period immediately preceding such deadline.

24. NOx allowances held—The NOx allowances recorded by the

director or administrator, or submitted to the director or administrator for recordation, in accordance with a rule, in a NOx allowance

tracking system account.

25. NOx authorized account representative—The natural person

who is authorized by the owners or operators of the source and all

NOx 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 NOx trading program or, for a general account,

the natural person who is authorized to transfer or otherwise dispose

of NOx allowances held in the general account in accordance with the

applicable rules. 

26. NOx budget emissions limitation—For a NOx budget unit,

the tonnage equivalent of the NOx allowances available for compliance deduction for the unit and for a control period adjusted by any

deductions of such NOx 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 NOx budget program or for a change in regulatory status for an affected unit.

27. NOx budget permit—The legally-binding and federallyenforceable written document, or portion of such document, issued

by the director, including any permit revisions, specifying the NOx

budget trading program requirements applicable to a NOx budget

source, to each NOx budget unit at the NOx budget source, and to the

owners and operators and the NOx authorized account representative

of the NOx budget source and each NOx budget unit.

28. NOx budget source—A source that includes one (1) or more

NOx budget units.

29. NOx 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. NOx budget unit—A unit that is subject to the NOx budget

trading program emissions limitation under section (1) or paragraph

(3)(H)1. of 10 CSR 10-6.360.

31. NOx emission rate—The amount of NOx emitted by a combustion unit in pounds per million British thermal units of heat input

as recorded by approved monitoring devices.

32. NOx emissions limitation—For an affected unit, the tonnage

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equivalent of the NOx emissions rate available for compliance deduction for the unit and for a control period adjusted by any deductions

of such NOx 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 NOx trading program or for

a change in regulatory status for an affected unit.

33. NOx opt-in unit—An EGU whose owner or operator has

requested to become an affected unit under a NOx trading program

and has been approved by the department.

34. NOx 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; or 

C. 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 as

the 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 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), twentyfive (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 to emit fifty

(50) tpy or more of carbon monoxide; and 

(IV) For particulate matter less than ten (10) micrometers

(PM10) nonattainment areas classified as “serious,” sources with the

potential to emit seventy (70) tpy or more of PM10;

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) PM10—[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

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Vol. 36, No. 21 Missouri Register
(V) Primary PM10 (Also known as direct PM10, total

PM10, PM10, or the combination of filterable PM10 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 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 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 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 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; 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, 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 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 the

maximum 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.

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November 1, 2011

Vol. 36, No. 21
45. Precursors of a criteria pollutant are—

A. For ozone, nitrogen oxides (NOx), unless an area is

exempted from NOx requirements under section 182(f) of the CAA,

and volatile organic compounds (VOCs);

B. For PM10, those pollutants described in the PM10 nonattainment area applicable SIP as significant contributors to the PM10

levels; and

C. For PM2.5—

(I) Sulfur dioxide (SO2) in all PM2.5 nonattainment and

maintenance areas;

(II) Nitrogen oxides in all PM2.5 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

(NH3) 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 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 coating

applied to metal parts and products which are to be used as an architectural structure.

48. Preheater/precalciner kiln—A kiln where 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 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 the

purposes 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 more

than 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 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 the final

product. 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 an

automobile 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, 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 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 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 Manufacturing

Industry, 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 that

chemical 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 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 that triggered a prevention of significant deterioration review and the baseline

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Vol. 36, No. 21 Missouri Register
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, 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. Original

rule 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 V

of the Clean Air Act, the owner or operator of an MSW landfill subject to this rule with a design capacity less than two and one-half

(2.5) million megagrams or two and one-half (2.5) million cubic

meters is not subject to the requirements to obtain an operating permit for the landfill under 40 Code of Federal Regulations (CFR)

[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 a

design capacity greater than or equal to two and one-half (2.5) million megagrams and two and one-half (2.5) million cubic meters on

the effective date of EPA approval of the state’s program under section 111(d) of the Clean Air Act (June 23, 1998), and not otherwise

subject to either 40 CFR [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; or

2. 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 wastes

will 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 other

nonmanufacturing 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 submitted

within 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 rate

for 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 the

provisions 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) below

the 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 rule

who 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, fuel

use, 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 flame

monitoring 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 Conservation

Commission 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 text

of the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication

in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of

Natural Resources’ Air Pollution Control Program received no comments on the proposed amendment.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation

Commission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

Page 613 April 16, 2012

Vol. 37, No. 8 Missouri Register