Mr. Karl Brooks 

Page Two 

Thank you for your attention to this matter. If you have any questions regarding this 

submittal, please contact Wendy Vit, with the Department's Air Pollution Control 

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

Sincerely, 

4:I:t~::RAM 

Kyra L. Moore 

Director 

KLM:src 

Enclosures: 

Copy of rule published in CSR 

Copy of commission signature page certifying Missouri Air Conservation Commission 

adoption 

Copy of technical support documentation for rule (if applicable) 

Copies of public hearing notices 

Copy of public hearing transcript introductory statement 

Copy of MO Reg proposed rulemaking 

Copy ofMO Reg order of rule making with comments/responses 

Mark-Up of Existing Federally-Approved State Regulation(s) 

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. ABS plastic solvent welding—A process to weld acrylonitrile-butadiene-styrene

pipe. 

3. 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.

4. Account holder—Any person that

chooses to participate in the emission reduction credit (ERC) program by generating,

buying, selling, or trading ERCs.

5. Account number—The identification

number given to each NOx allowance tracking system account.

6. 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.

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. 101–549.

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. Activity level—Defined as follows:

A. For the purpose of 10 CSR 10-

6.410, activity level is the amount of activity

at a source measured in terms of production,

use, raw materials input, vehicle miles traveled, or other similar units that have a direct

correlation with the economic output of the

source and is not affected by changes in the

emissions rate (i.e., mass per unit of activity); and

B. For all other purposes, activity

level means a measurable factor or parameter

that relates directly or indirectly to the emissions of an air pollution source. Depending

on the source category, activity information

includes, but is not limited to, the amount of

fuel combusted, raw material processed,

product manufactured, or material handled or

processed. 

11. 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.

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, 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—Defined as follows:

A. For the purpose of 10 CSR 10-

6.360, administrator is the administrator of

the U.S. Environmental Protection Agency or

the administrator’s duly-authorized representative; and

B. For all other purposes, administrator means the regional administrator for

Region VII, U.S. Environmental Protection

Agency. 

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—For

the purpose of 10 CSR 10-6.300, 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. 

4 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
22. Affected source—Defined as follows: 

A. For the purpose of 10 CSR 10-

5.530, 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; and

B. For all other purposes, affected

source means a source that includes one (1)

or more emission units subject to emission

reduction requirements or limitations under

Title IV of the Act. 

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.

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. Air cleaning device—Any method,

process, or equipment which removes,

reduces, or renders less obnoxious air contaminants discharged into the ambient air.

27. Air contaminant—Any particulate

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

28. Air contaminant source—Any and

all sources of emission of air contaminants

whether privately or publicly owned or operated.

29. 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)).

30. Air emissions reporting rule

(AERR)—The U.S. Environmental Protection Agency rule that finalized changes to

emission reporting requirements in 40 CFR

51 (Federal Register, December 18, 2008). 

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 reaches 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 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 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 as

a pesticide under the Federal Insecticide,

Fungicide, and Rodenticide Act (7 U.S.C.

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.

JASON KANDER (1/29/13) 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
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)

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 the U.S. Environmental Protection Agency 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 643.010–643.190, RSMo, of

the Missouri Air Conservation Law and rules

adopted under them.

56. Approved source—For the purpose

of 10 CSR 10-5.120, 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 the U.S.

Environmental Protection Agency’s community multi-scale air quality (CMAQ) modeling system.

62. As applied—The volatile organic

compound and solids content of the finishing

material that is actually used for coating the

substrate. It includes the contribution of

materials used for in-house 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 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.

66. 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.

67. Asbestos air sampling technician—

An individual who has been trained by an air

sampling professional to do air monitoring.

Such individual conducts air monitoring of an

asbestos abatement project before, during,

and after the project has been completed.

68. Asbestos-containing material

(ACM)—Any material or product which contains more than one percent (1%) asbestos,

by weight.

69. Asbestos contractor—Any person

who by agreement, contractual or otherwise,

conducts asbestos abatement projects at a

location other than his/her own place of business.

70. Asbestos Hazard Emergency

Response Act (AHERA)—Law enacted in

1986 (P.L. 99–519) that directs the U.S.

Environmental Protection Agency 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.

71. Asbestos inspector—An individual,

under the Asbestos Hazard Emergency

Response Act, who collects and assimilates

information used to determine whether

asbestos-containing material is present in a

building or other air contaminant sources.

72. Asbestos management planner—An

individual, under the Asbestos Hazard Emergency Response Act, who devises and writes

plans for asbestos abatement.

6 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
73. 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.

74. Asbestos supervisor—An individual

who directs, controls, or supervises others in

asbestos projects.

75. Asbestos worker—An individual

who engages in asbestos projects.

76. Asphalt prime coat—Application of

low-viscosity liquid asphalt to an absorbent

surface such as a previously-untreated surface.

77. 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.

78. 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.

79. Automated data acquisition and handling system (DAHS)—That component of

the Continuous Emissions Monitoring System, 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.

80. 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.

81. Automobile—A four (4)-wheel passenger motor vehicle or derivative capable of

seating no more than twelve (12) passengers.

82. 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.

83. 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.

84. 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.

85. 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.

86. 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 seal material.

87. 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.

88. 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.

89. 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.

90. 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, body shops, and other repainters are not

part of this definition.)

91. 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.

92. 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.

93. 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.

94. Automotive underbody deadeners—

Any coating applied to the underbody of a

motor vehicle to reduce the noise reaching

the passenger compartment.

95. 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.

96. 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

JASON KANDER (1/29/13) 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
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

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

8 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER

Secretary of State

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

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. Camouflage coating—A coating, used

principally by the military, to conceal equipment from detection.

2. 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.

3. 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.

4. Capture efficiency—The fraction of

all organic vapors or other pollutants generated by a process that is directed to a control

device.

5. 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 adsorbed.

6. Cargo tank—A delivery tank truck or

railcar which is loading gasoline or which has

loaded gasoline on the immediately-previous

load.

7. Catalytic incinerator—A control

device using a catalyst to allow combustion to

occur at a lower temperature.

8. 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.

9. 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.

10. 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.

11. Ceramic tile installation adhesive—

An adhesive intended by the manufacturer for

use in the installation of ceramic tiles.

12. Certified product data sheet—Documentation furnished by a coating supplier or

an outside laboratory that provides the

volatile organic compound (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.

13. 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.

14. Charcoal kiln control system—A

combination of an emission control device

and connected charcoal kiln(s).

15. 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 (i.e.,

bonding, critical use and line sealer, and seal

coat) are also not included in this definition.

16. 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.

17. 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

JASON KANDER (1/29/13) CODE OF STATE REGULATIONS 9

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
piecemeal carrying out of an operation to

avoid coverage by a standard that applies only

to operations larger than a specific size.

18. Class IA concentrated animal feeding operation—Any concentrated animal

feeding operation with a capacity of seven

thousand (7,000) animal units or more and

corresponding to the following number of

animals by species listed below:

19. 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.

20. 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.

21. Clean Air Act (CAA)—The Clean

Air Act, as amended; also see Act.

22. 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

vehicle inspection report for the purpose of

bypassing the required OBD test procedure.

23. 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.

24. 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.

25. 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.

26. Clear wood finishes—Clear and

semi-transparent topcoats applied to wood

substrates to provide a transparent or translucent film.

27. Clinker—The product of a Portland

cement kiln from which finished cement is

manufactured by milling and grinding.

28. Closed container—A container with

a cover fastened in place so that it will not

allow leakage or spilling of the contents.

29. 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.

30. Closure—That point in time when a

landfill becomes a closed landfill.

31. 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. Inks not

included in the coating definition are—

A. For the purpose of 10 CSR 10-

5.330, ink used in printing operations regulated under 10 CSR 10-5.340 and 10 CSR 10-

5.442; and

B. For the purpose of 10 CSR 10-

2.230, ink used in printing operations regulated under 10 CSR 10-2.290 and 10 CSR 10-

2.340. 

32. Coating applicator—An apparatus

used to apply a surface coating.

33. 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. 

34. 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.

35. 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.

36. Cogenerator—For the purpose of

paragraph (1)(A)3. of 10 CSR 10-6.364,

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.

37. 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.

38. 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.

10 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER

Secretary of State

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

Class IA concentrated animal feeding operation 

7,000 animal unit equivalents 

Animal species 

Animal unit 

equivalent 

Number of 

animals 

Beef feeder or slaughter animal 1.0 7,000 

Horse 0.5 3,500 

Dairy cow 0.7 4,900 

Swine weighing > 55 lbs. 2.5 17,500 

Swine weighing < 55 lbs. 10 70,000 

Sheep 10 70,000 

Laying hens 30 210,000 

Pullets 60 420,000 

Turkeys 55 385,000 

Broiler chickens 100 700,000 
39. 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.

40. 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.

41. 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.

42. 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

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.

43. Commenced operation—Defined as

follows: 

A. For the purpose of 10 CSR 10-

6.360, 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: 

(I) 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

(II) 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; and

B. For all other purposes, commenced

operation means the initial setting into operation of any air pollution control equipment or

process equipment. 

44. Commercial hospital/medical/infectious waste incinerator (HMIWI)—An

HMIWI which offers incineration services

for hospital/medical/infectious waste generated offsite by firms unrelated to the firm that

owns the HMIWI.

45. Commercial solid waste—All types

of solid waste generated by stores, offices,

restaurants, warehouses, and other nonmanufacturing activities, excluding residential and

industrial wastes.

46. 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. 

47. 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.

48. Commission—The Missouri Air

Conservation Commission established pursuant to 643.040, RSMo.

49. Common stack—A single flue

through which emissions from two (2) or

more NOx units are exhausted.

50. 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.

51. 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.

52. Compliance cycle—The two (2)-year

duration during which a subject vehicle in the

enhanced emissions inspection program area

is required to comply with 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.

53. Compliant coating—A finishing

material or strippable booth coating that

meets the emission limits as specified.

54. 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.

55. 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. 

56. 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.

57. Confidential business information—

Defined as follows: 

A. For the purpose of 10 CSR 10-

6.300, confidential business information 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)); and

B. For all other purposes, confidential

business information means 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. 

58. 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.

JASON KANDER (1/29/13) CODE OF STATE REGULATIONS 11

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
59. 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.

60. Conservation vent—Any valve

designed and used to reduce evaporation losses of volatile organic compounds by limiting

the amount of air admitted to, or vapors

released from, the vapor space of a closed

storage vessel.

61. 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.

62. Contact adhesive—A 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. A contact

adhesive is 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. 

63. 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.

64. 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.

65. Continuous emissions monitoring

system (CEMS)—Defined as follows: 

A. For the purpose 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:

(I) Flow monitor;

(II) Nitrogen oxides pollutant concentration monitors;

(III) Diluent gas monitor (oxygen

or carbon dioxide) when such monitoring is

required;

(IV) A continuous moisture monitor when such monitoring is required; and

(V) An automated data acquisition

and handling system; and

B. For all other purposes, continuous

emission monitoring system means a monitoring system for continuously measuring and

recording the emissions of a pollutant from

an affected facility. 

66. Continuous hospital/medical/infectious waste incinerator (HMIWI)—An

HMIWI that is designed to allow waste

charging and ash removal during combustion.

67. 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.

68. Continuous program to implement—

For the purpose of 10 CSR 10-6.300, 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.

69. Continuous recorder—A data

recording device recording an instantaneous

data value at least once every fifteen (15)

minutes.

70. Contractor—Defined as follows: 

A. For the purpose of 10 CSR 10-

5.381, the state contracted company who

shall implement the decentralized motor vehicle emissions inspection program as specified

in 643.300–643.355, RSMo, and the state

contracted company who shall implement the

acceptance test procedure; and

B. For all other purposes, contractor

means any person, who by agreement, contractual or otherwise, conducts projects or

provides services. 

71. 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.

72. 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.

73. Control period—The period beginning May 1 of a calendar year and ending on

September 30 of the same calendar year.

74. Control system—The combination of

capture and control devices used to reduce

emissions to the atmosphere.

75. Controlled landfill—Any landfill at

which collection and control systems are

required 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.

76. 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. 

77. Conveyorized degreaser—A type of

degreaser in which the parts are loaded continuously.

78. 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.

79. 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.

80. Criteria pollutant or standard—Any

pollutants for which there is established a

National Ambient Air Quality Standard at 40

CFR 50.

81. Crude oil—A naturally-occurring

mixture which consists of hydrocarbons and

sulfur, nitrogen, or oxygen derivatives of

hydrocarbons (or a combination of these

derivatives) which is a liquid at standard conditions.

82. 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. 

83. Cutback asphalt—Any asphaltic

12 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
cement that has been liquefied by blending

with volatile organic compound liquid diluents.

84. Cyanoacrylate adhesive—An adhesive with a cyanoacrylate content of at least

ninety-five percent (95%) by weight.

85. Cyclone boiler—A boiler with a horizontal, cylindrical furnace that burns

crushed, rather than pulverized, coal.

86. Cyclone electric generating unit

(EGU)—An electric generating unit 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.

(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—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—Defined as follows: 

A. For the purpose of 10 CSR 10-

5.381, the department is the state agency

responsible for oversight of the vehicle emissions inspection and maintenance program

required by the 1990 Federal Clean Air Act

Amendments; and

B. For all other purposes, department

means 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. 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.

9. 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.

10. 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.

11. Diammonium phosphate—A product

resulting from the reaction between phosphoric acid and ammonia having the molecular

formula (NH4)2HPO4.

12. Diesel engine—A compressionignited 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.

13. 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.

14. Dioxins/furans—The combined

emission of tetra- through octa-chlorinated

dibenzo-para-dioxins and dibenzofurans as

measured by the EPA Method 23 of 40 CFR

60, Appendix A-7.

15. 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.

16. Director or department director—

Director of the Missouri Department of Natural Resources, or a designated representative, to carry out the duties as described in

643.060, RSMo. 

17. 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;

JASON KANDER (1/29/13) 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
(IV) Episodic restrictions on residential woodburning and open burning; or

(V) Techniques under part

(2)(D)17.A.(III) of this rule which increase

final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide

from the installation do not exceed five thousand (5,000) tons per year.

18. Disposal facility—All contiguous

land and structures, other appurtenances, and

improvements on the land used for the disposal of solid waste.

19. Disposed off-site—Sending used

organic solvents or coatings outside of the

facility boundaries for disposal.

20. Distillation operation—An operation

separating one (1) or more feed stream(s) into

two (2) or more exit streams, 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 vaporphase as they approach equilibrium within

the distillation unit.

21. 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.

22. Draft permit—The version of a permit for which the permitting authority offers

public participation or affected state review.

23. Drum—Any cylindrical container of

thirteen to one hundred ten (13–110)-gallon

capacity.

24. 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.

25. 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.

26. 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. Electric dissipating coating—A coating that rapidly dissipates a high-voltage electric charge.

4. 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.

5. 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.

6. 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.

7. 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.

8. Electromagnetic interference/radio

frequency interference (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.

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—Defined as follows: 

A. For the purpose of 10 CSR 10-

6.300, an emergency is 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; and

B. For all other purposes, emergency

means a situation or occurrence of a serious

nature that develops suddenly, unexpectedly,

and demands immediate action. 

12. Emergency asbestos project—An

asbestos 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, 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, 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, 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, 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. Emission(s)—Defined as follows: 

A. For the purpose of 10 CSR 10-

6.360, 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; and

14 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
B. For all other purposes, emission(s)

means the release or discharge, whether

directly or indirectly, into the atmosphere of

one (1) or more air contaminants. 

19. 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)19.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. 

20. Emission events—Discrete venting

episodes that may be associated with a single

unit of operation.

21. 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.

22. 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.

23. 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

the U.S. Environmental Protection Agency’s

new source review requirements.

24. 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.

25. 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.

26. Emissions budgets—Those portions

of the total allowable emissions defined in a

U.S. Environmental Protection Agencyapproved 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 Clean Air Act. An

emissions budget may be expressed in terms

of an annual period, a daily period, or other

period established in the applicable implementation plan.

27. Emissions inspection—For the purpose of 10 CSR 10-5.381, tests performed on

a vehicle in order to evaluate whether the

vehicle’s emissions control components are

present and properly functioning. 

28. Emissions report—A report that satisfies the provisions of 10 CSR 10-6.110 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.

29. Emissions unit—Defined as follows: 

A. For the purpose of 10 CSR 10-

6.410, 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; and

B. For all other purposes, emissions

unit means 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.

30. 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). 

31. Enamel—A surface coating that is a

mixture of paint and varnish, having vehicles

similar to those used for varnish, but also

containing pigments.

32. 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.

33. End exterior coating—A coating

applied to the exterior end of a can to provide

protection to the metal.

34. End seal compound—The gasket

forming coating used to attach the end pieces

of a can during manufacturing or after filling

with contents.

35. 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.

36. Energy Information Administration—The Energy Information Administration of the United States Department of Energy.

37. 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.

38. Equipment—Any item that is

designed or intended to perform any operation and includes any item attached to it to

assist in the operation. 

39. Equipment leak—Emissions of

volatile organic compounds from pumps,

valves, flanges, or other equipment used to

transfer or apply finishing materials or organic solvents.

40. 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.

41. 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.

42. Ethylene propylene diene monomer

(EPDM) roof membrane—A prefabricated

single sheet of elastomeric material composed of ethylene propylene diene monomer

and that is field-applied to a building roof

using one (1) layer of membrane material.

43. Excess emissions—The emissions

which exceed the requirements of any applicable emission control regulation. 

44. 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

JASON KANDER (1/29/13) 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
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)44.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.

45. Existing—Defined as follows: 

A. 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;

and

B. For all other purposes, 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. 

46. 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.

47. 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. 

48. 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.

49. 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.

50. 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 (1/29/13) JASON KANDER

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,

JASON KANDER (1/29/13) 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 (1/29/13) JASON KANDER

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—Defined as follows: 

A. For the purpose of 10 CSR 10-

5.530, 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;

B. For the purpose of 10 CSR 10-

5.550, 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; and

C. For all other purposes, incinerator

means 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. 

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—

JASON KANDER (1/29/13) 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—For the

purpose of 10 CSR 10-5.381, 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

onboard refueling vapor recovery (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. 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). 

18. Institutional cleaning—Cleaning

activities conducted at organizations, societies, or corporations including but not limited to schools, hospitals, sanitariums, and

prisons.

19. 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.

20. 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. 

21. 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.

22. 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.

23. 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.

24. Intermittent hospital/medical/infectious waste incinerator (HMIWI)—An

HMIWI that is designed to allow waste

charging, but not ash removal, during combustion.

20 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER

Secretary of State

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

26. Internal floating roof—A product

cover in a fixed roof tank which rests upon or

is floated upon the volatile organic compound

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).

23. Low-level radioactive waste—Waste

material which contains radioactive nuclides

emitting primarily beta or gamma radiation,

or both, in concentrations or quantities that

JASON KANDER (1/29/13) 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
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. 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.

2. 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.

3. Maintenance plan—A revision to the

applicable Missouri State Implementation

Plan, meeting the requirements of section

175A of the Clean Air Act.

4. 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. 

5. Malfunction—Defined as follows: 

A. For the purpose of 10 CSR 10-

6.200, 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; and

B. For all other purposes, malfunction

means 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. 

6. 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.

7. 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.

8. Marine vessel—A craft capable of

being used as a means of transportation on

water, except amphibious vehicles.

9. Maskant—A coating applied directly

to an aerospace component to protect those

areas when etching other parts of the component. 

10. Mask coating—A thin film coating

applied through a template to coat a small

portion of a substrate.

11. 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.

12. Maximum achievable control technology (MACT)—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) that the administrator, taking into consideration the cost of

achieving emissions reductions and any nonair 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)12.A.–D. of this rule.

22 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
13. Maximum charge rate—For continuous and intermittent hospital/medical/infectious waste incinerator (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.

14. 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.

15. 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.

16. 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.

17. 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).

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. Medium hospital/medical/infectious

waste incinerator (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.

24. Metal to urethane/rubber molding or

casting adhesive—An adhesive intended by the

manufacturer to bond metal to high density or

JASON KANDER (1/29/13) 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
elastomeric urethane or molded rubber materials to fabricate products such as rollers for

computer printers or other paper handling

equipment.

25. 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.

26. 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 Clean Air Act.

27. 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.

28. Milestone—The meaning given in

sections 182(g)(1) and 189(c)(1) of the Clean

Air Act. It consists of an emissions level and

the date on which it is required to be

achieved.

29. Military specification coating—A

coating which has a formulation approved by

a United States Military Agency for use on

military equipment.

30. 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.

31. 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.

32. 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.

33. 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.

34. 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.

35. 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.

36. 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.

37. 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 hydrogen chloride emission limits.

38. 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.

39. 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.

40. 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. On-board diagnostics (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.

41. Missouri Department of Revenue

(MDOR)—Defined as follows: 

A. For the purpose of 10 CSR 10-

5.381, the Missouri Department of Revenue

is 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; and

B. For all other purposes, Missouri

Department of Revenue means the state agency that serves as the central collection agency

for all state revenue with primary duties of

collecting tax, registering and titling vehicles,

and licensing drivers. 

42. Missouri Emissions Inventory System (MoEIS)—Online interface of the state of

Missouri’s air emissions inventory database.

43. Missouri performance evaluation

test procedure (MOPETP)—The 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.

44. Missouri State Highway Patrol

(MSHP)—Defined as follows: 

A. For the purpose of 10 CSR 10-

5.381, the Missouri State Highway Patrol is

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; and

B. For all other purposes, Missouri

State Highway Patrol is the state law enforcement agency with the primary duties of

enforcing the traffic laws and promoting highway safety.

24 CODE OF STATE REGULATIONS (1/29/13) JASON KANDER

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
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—Defined as follows: 

A. For the purposes of 10 CSR 10-

5.490 and 10 CSR 10-6.310, 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;

B. For the purpose of 10 CSR 10-

6.165, modification is any change to a source

of odor emissions or source operations,

including odor controls, that causes or could

cause an increase in potential odor emissions;

and

C. For all other purposes, modification means any physical change to, 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.

50. Modification, Title I—See Title I

modification.

51. Modified hospital/medical/infectious waste incinerator (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 Clean Air Act.

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. 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. 

57. Motor vehicle—Any self-propelled

vehicle. 

58. 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.

59. 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.

60. 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.

61. 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.

62. 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 seal

material.

63. 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.

64. 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.

65. 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.

66. 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.

67. 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.

68. 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.

69. Motorcycle—A motor vehicle operated on two (2) wheels.

70. 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.

71. 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.

72. Multi-day violation—A violation

which has occurred on or continued for two

JASON KANDER (1/29/13) 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
(2) or more consecutive or nonconsecutive

days.

73. 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.

74. 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.

75. Municipal solid waste (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.

76. Municipal solid waste (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 (1/29/13) JASON KANDER

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

JASON KANDER (1/29/13) 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 (1)-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 (1/29/13) JASON KANDER

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

JASON KANDER (1/29/13) 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 (1/29/13) JASON KANDER

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.

JASON KANDER (1/29/13) 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 (1/29/13) JASON KANDER

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. 

JASON KANDER (1/29/13) 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 (1/29/13) JASON KANDER

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

JASON KANDER (1/29/13) 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 (1/29/13) JASON KANDER

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 Clean Air Act 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 Clean Air Act

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 one-half

(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 10 CSR 10-6.300.

17. Total organic compounds (TOC)—

Those compounds measured according to the

procedures of EPA 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

excludes those compounds 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 (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 in 10 CSR

10-5.550. 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 the

U.S. Environmental Protection Agency.

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. 

JASON KANDER (1/29/13) 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, 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. User source—Any source that seeks

to use emission reduction credits to comply

with an applicable emission reduction

requirement.

9. 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.

10. 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 volatile organic compounds 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 Missouri Decentralized

Analyzer System 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

Missouri Decentralized Analyzer System

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 (1/29/13) JASON KANDER

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

75683 1-chloro 1,1-difluoroethane

(HCFC-142b)

75456 chlorodifluoromethane (HCFC22)

593704 chlorofluoromethane (HCFC31)

76153 chloropentafluoroethane (CFC115)

2837890 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124)

75718 dichlorodifluoromethane (CFC12)

1717006 1,1-dichloro 1-fluoroethane 

(HCFC-141b)

76142 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114)

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)

420462 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, 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 volatile organic compound (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

JASON KANDER (1/29/13) 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 10-6.241. 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 (1/29/13) JASON KANDER

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-Tetrachlorodibenzop-dioxin

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-Trichloroethane

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

JASON KANDER (1/29/13) 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.

2012, 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. Amended:

Filed July 3, 2012, effective Feb. 28, 2013.

*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 (1/29/13) JASON KANDER

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 25th day of 

October, 2012. 

~~Chainnan 

:tiu ......'----"<---=---1L.-4-----'I;:~-''--------:;,..-..--I-- ___, Vice Chairman 

f2 , Member fJa-d c 

J~ , Member 

J i ~ 

_________________________________, Member 

________________________________, Member 

________________________________, Member 
Rulemakings on Public Notice - DNR Page 1 of I 

Jay Nixon, Governor 

Sara Parker Pauley, Director 

Air Pollution Control Program 

iZiOk:tlo 

r ., Rulemakings on Public Notice 

The Missouri Department of Natural Resources filed the following proposed rulemakings with the 

secretary of state's office and comments are being accepted as noted at the end of the proposed 

rulemaking under the Notice of Public Hearing and Notice to Submit Comments heading. To submit 

comments electronically, use the links below the rule or to submit written comments see the address 

below. 

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

This proposed amendment will provide a maintenance update to add definitions needed for other 

rulemakings filed while the general definitions rule was being changed and remove obsolete definitions. 

In addition, several non-substantive error corrections and clarifications will be made. 

Proposed rulemaking - Published in Aug. 15 Missouri Register. 

Submit comments now 

Submit written comments 

Comments about this rulemaking will be accepted through Oct. 4, 2012. 

Submit written comments about any rule development to: 

Chief, Air Quality Planning Section 

Missouri Department of Natural Resources 

Air Pollution Control Program 

P.O. Box 176 

Jefferson City, MO 65102-0176 

Back to top 

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 8/1512012 
1

Bechtel, Cheri

From: Missouri DNR <MODNR@public.govdelivery.com>

Sent: Friday, August 24, 2012 1:22 PM

To: Bechtel, Cheri

Subject: Courtesy Copy: Missouri Air Conservation Commission to hold public hearing on 9/27/2012

This is a courtesy copy of an email bulletin sent by Cheri Bechtel.

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (377 recipients) 

Having trouble viewing this email? View it as a Web page.

Below is a notice for items scheduled for public hearing at the September 27, 2012 

Missouri Air Conservation Commission meeting. If you have any questions, please 

contact Wendy Vit with the Air Pollution Control Program at (573) 751-0572 or 

wendy.vit@dnr.mo.gov .

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will hold a public hearing on 

Thursday, September 27, 2012 beginning at 9 a.m. at the Hampton Inn & Suites, Plaza C, 4600 Summit 

Street, Kansas City, Missouri. The commission will hear testimony related to the following proposed 

action(s): 

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

 

If the Commission adopts the action(s), it will be the Department’s intention to submit the action(s) to the 

U.S. Environmental Protection Agency to be included in Missouri’s State Implementation Plan unless 

otherwise noted above. 

 

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 http://dnr.mo.gov/env/apcp/public-notices.htm. This information will 

be available at least 30 days prior to the public hearing date. 

 

The Department will accept written or email comments for the record until 5 p.m. on October 4, 2012. Please 
2

send written comments to Chief, Air Quality Planning Section, Air Pollution Control Program, P.O. Box 176, 

Jefferson City, MO 65102-0176. Email comments may be submitted via the program web site noted above. 

All written and email comments and public hearing testimony will be equally considered. 

 

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) 526-3420. 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. 

 

Persons with disabilities requiring special services or accommodations to attend the meeting can make 

arrangements by calling the Program directly at (573) 751-4817, the Division of Environmental Quality's toll 

free number at (800) 361-4827, 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. 

 

Update your subscriptions, modify your password or email address, or stop subscriptions at any time on your 

Subscriber Preferences Page. You will need to use your email address to log in. If you have questions or 

problems with the subscription service, please contact support@govdelivery.com. 

This service is provided to you at no charge by Missouri DNR. 
 PUBLIC HEARING 9/27/2012

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 1

1 BEFORE THE AIR CONSERVATION COMMISSION

 STATE OF MISSOURI

2

3 MISSOURI AIR CONSERVATION COMMISSION MEETING

4 IN RE:

5 10 CSR 10-6.020 (amendment)

6 Definitions and Common Reference Tables

7 Public Hearing

8 Hampton Inn Suite at Courtyard Plaza

9 4600 Summit Street

10 Plaza C

11 Kansas City, Missouri 64112

12 September 27, 2012

13 BEFORE:

14 Ron Boyer

15 Jack Baker

16 Mark Garnett

17 Gary Pendergrass

18

19 Reported by:

20 MS. LISA BALLALATAK, CCR

 Missouri CCR No. 1336(T)

21 MIDWEST LITIGATION SERVICES

 1301 Oak Street, Suite B

22 Kansas City, Missouri 64106

23

24

25
 PUBLIC HEARING 9/27/2012

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 2

1 (The hearing commenced at 9:36 a.m.)

2 MR. BOYER: The hearing will come to

3 order. Let the record show the following

4 commissioners are present: Ron Boyer, Jack Baker,

5 Mark Garnett, and Gary Pendergrass.

6 The Air Conservation Commission of the

7 State of Missouri has called this public hearing

8 pursuant to Section 643.070, Revised Statutes of

9 Missouri; EPA promulgated rule 40 CFR 51.102, for

10 the purpose of hearing testimony relating to: 10CSR

11 10-6.020 Definitions and Common Reference Tables.

12 There hearing record will close at

13 5:00 p.m. on October 4th, 2012.

14 Anyone who was not been scheduled to

15 appear, but who wishes to be heard, should indicate

16 that you wish to speak on the sign-in sheets

17 available at the door.

18 Section 643.100 of the Missouri Statutes

19 provides that all oral testimony be given under

20 oath.

21 Accordingly, when you are called to

22 testify, please present yourself to the court

23 reporter first to be sworn in.

24 When you testify, please state your name,

25 business address, and your occupation or
 PUBLIC HEARING 9/27/2012

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 3

1 affiliation.

2 If you have a prepared statement, it will

3 be helpful if you will provide a copy of this

4 document to the court reporter and members of the

5 commission.

6 At this time Ms. Kyra Moore.

7 KYRA L. MOORE,

8 being first duly sworn, testified under oath as

9 follows:

10 MS. MOORE: Chairman, members of the

11 Commission, my name is Kyra Moore. I am the

12 Director the Air Pollution Control Program within

13 the department of Natural Resources for the Air

14 Conservation Commission. I work at 1659 East Elm

15 Street in Jefferson City, Missouri, 65101.

16 The Air Program posted the proposed rule

17 makings for public review and comment on the

18 Department of Natural Resources' website. We also

19 published the proposed rule makings, including a

20 notice of public hearing in the Missouri Register on

21 August 15th, 2012.

22 In addition to making the proposed rule

23 makings available for viewing and comment, the Air

24 Program distributed the public hearing notice to

25 approximately 300 citizens organizations,
 PUBLIC HEARING 9/27/2012

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 4

1 corporations, associations, and elected officials.

2 We also notified the Kansas City, St. Louis County,

3 and Springfield local air pollution control

4 agencies, Illinois, Kansas, and other surrounding

5 states; and the U.S. Environmental Protection Agency

6 of this public hearing.

7 Chairman, this concludes my testimony.

8 MR. BOYER: A summary of the rule will now

9 be presented by Shelly Reimer.

10 SHELLY REIMER,

11 being first duly sworn, testified under oath as

12 follows:

13 MS. REIMER: Good morning, Commissioners.

14 My name is Shelly Reimer. I am employed in the

15 Rules Unit of the Air Pollution Control Program at

16 1659 East Elm Street in Jefferson City.

17 I am here today to present testimony on

18 the proposed amendment to 10 CSR 10-6.020,

19 Definitions and Common Reference Tables.

20 This rule amendment can be found beginning

21 on page 75 of your briefing document.

22 This Proposed Amendment provides a

23 maintenance update to the general definitions rule,

24 which applies to the entire state of Missouri. As

25 you may recall, all of the air rule definitions were
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 subsections (2)(A), (2)(C)–(2)(E),

(2)(I), (2)(M), (2)(T)–(2)(Z), and (3)(C). 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. This

amendment will provide a maintenance update to add definitions

needed for other rulemakings filed while the general definitions rule

was being changed and remove obsolete definitions. In addition, several non-substantive error corrections and clarifications will be

made. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is the public hearing testimony for this rulemaking. 

(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. ABS plastic solvent welding—A process to weld acrylonitrile-butadiene-styrene pipe. 

[2.]3. 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.]4. Account holder—Any person that chooses to participate

in the emission reduction credit (ERC) program by generating, buying, selling, or trading [emission reduction credits (]ERCs[)].

[4.]5. Account number—The identification number given to

each NOx allowance tracking system account.

[5.]6. 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]549.

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. Activity level—A measurable factor or parameter that

relates directly or indirectly to the emissions of an air pollution

source. Depending on the source category, activity information

includes, but is not limited to, the amount of fuel combusted, raw

material processed, product manufactured, or material handled

or processed. For the purpose of 10 CSR 10-6.410, activity level

is the amount of activity at a source measured in terms of production, use, raw materials input, vehicle miles traveled, or other

similar units that have a direct correlation with the economic output of the source and is not affected by changes in the emissions

rate (i.e., mass per unit of activity).

[10.]11. 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

Proposed Rules

1222

Under this heading will appear the text of proposed rules

and changes. The notice of proposed rulemaking is

required to contain an explanation of any new rule or any

change in an existing rule and the reasons therefor. This is set

out in the Purpose section with each rule. Also required is a

citation to the legal authority to make rules. This appears following the text of the rule, after the word “Authority.”

Entirely new rules are printed without any special symbology under the heading of the proposed rule. If an existing rule is to be amended or rescinded, it will have a heading

of proposed amendment or proposed rescission. Rules which

are proposed to be amended will have new matter printed in

boldface type and matter to be deleted placed in brackets.

An important function of the Missouri Register is to solicit

and encourage public participation in the rulemaking

process. The law provides that for every proposed rule,

amendment, or rescission there must be a notice that anyone

may comment on the proposed action. This comment may

take different forms.

I

f an agency is required by statute to hold a public hearing

before making any new rules, then a Notice of Public

Hearing will appear following the text of the rule. Hearing

dates must be at least thirty (30) days after publication of the

notice in the Missouri Register. If no hearing is planned or

required, the agency must give a Notice to Submit

Comments. This allows anyone to file statements in support

of or in opposition to the proposed action with the agency

within a specified time, no less than thirty (30) days after publication of the notice in the Missouri Register. 

An agency may hold a public hearing on a rule eventhough not required by law to hold one. If an agency

allows comments to be received following the hearing date,

the close of comments date will be used as the beginning day

in the ninety (90)-day-count necessary for the filing of the

order of rulemaking.

I

f an agency decides to hold a public hearing after planning

not to, it must withdraw the earlier notice and file a new

notice of proposed rulemaking and schedule a hearing for a

date not less than thirty (30) days from the date of publication

of the new notice.

August 15, 2012

Vol. 37, No. 16

MISSOURI

REGISTER

Proposed Amendment Text Reminder:

Boldface text indicates new matter.

[Bracketed text indicates matter being deleted.]
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 flash-off

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—For the purpose of 10

CSR 10-6.300, [T]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.

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.]26. Air cleaning device—Any method, process, or equipment which removes, reduces, or renders less obnoxious air contaminants discharged into the ambient air.

[28.]27. Air contaminant—Any particulate matter or any gas or

vapor or any combination of them. 

[29.]28. Air contaminant source—Any and all sources of emission of air contaminants whether privately or publicly owned or

operated.

[30.]29. 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)).

30. Air emissions reporting rule (AERR)—The U.S.

Environmental Protection Agency rule that finalized changes to

emission reporting requirements in 40 CFR 51 (Federal Register,

December 18, 2008).

31. Air pollutant—Agent, or combination of agents, including

any physical, chemical, biological, radioactive (including source

material, special nuclear material, and by-product 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 reaches 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 twenty-five

(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.

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Vol. 37, No. 16 Missouri Register
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) 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] the U.S.

Environmental Protection Agency 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] For the purpose of 10 CSR 10-

5.120, 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] the U.S. Environmental Protection

Agency’s community multi-scale air quality (CMAQ) modeling system.

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August 15, 2012

Vol. 37, No. 16
62. As applied—The [VOC] volatile organic compound 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.]65. 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.]66. 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.]67. Asbestos air sampling technician—An individual who

has been trained by an air sampling professional to do air monitoring. [That] Such individual conducts air monitoring of an asbestos

abatement project before, during, and after the project has been completed.

[71.]68. Asbestos-containing material (ACM)—Any material or

product which contains more than one percent (1%) asbestos, by

weight.

69. Asbestos contractor—Any person who by agreement,

contractual or otherwise, conducts asbestos abatement projects

at a location other than his/her own place of business.

[72. Asbestos debris—Material that results from

removal or deterioration of as bestos-containing material.]

[73.]70. Asbestos Hazard Emergency Response Act

(AHERA)—Law enacted in 1986 (P.L. 99–519) that directs [EPA]

the U.S. Environmental Protection Agency 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.

71. Asbestos inspector—An individual, under the Asbestos

Hazard Emergency Response Act, who collects and assimilates

information used to determine whether asbestos-containing

material is present in a building or other air contaminant

sources.

72. Asbestos management planner—An individual, under

the Asbestos Hazard Emergency Response Act, who devises and

writes plans for asbestos abatement.

[74.]73. 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 asbestoscontaining 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.]

74. Asbestos supervisor—An individual who directs, controls, or supervises others in asbestos projects.

75. Asbestos worker—An individual who engages in asbestos

projects.

[77.]76. Asphalt prime coat—Application of low-viscosity liquid asphalt to an absorbent surface such as a previously-untreated

surface.

[78.]77. 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.]78. 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.]79. 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.]80. 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.]81. Automobile—A four (4)-wheel passenger motor vehicle or derivative capable of seating no more than twelve (12) passengers.

[84.]82. 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.]83. Automobile and light duty truck bedliner—A multicomponent 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.]84. 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.]85. 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.]86. 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.]87. 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

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Vol. 37, No. 16 Missouri Register
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.]88. 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.]89. 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.]90. 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.]91. 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.]92. 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.]93. 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.]94. Automotive underbody deadeners—Any coating

applied to the underbody of a motor vehicle to reduce the noise

reaching the passenger compartment.

[97.]95. 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 [A]administrator under part 89 of Title

40, Code of Federal Regulations (or any successor regulation), as

meeting applicable emissions standards.

[98.]96. Average emission rate—The simple average of the

hourly NOx emission rate as recorded by approved monitoring systems.

(C) All terms beginning with [“]C.[”]

[1. CAA—The Clean Air Act, as amended; see also Act.]

[2.]1. Camouflage coating—A coating, used principally by the

military, to conceal equipment from detection.

[3.]2. 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.]3. 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.]4. 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.]5. 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.]6. Cargo tank—A delivery tank truck or railcar which is

loading gasoline or which has loaded gasoline on the immediatelyprevious load.

[9.]7. 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.]8. 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.]9. 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.]10. 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.]11. Ceramic tile installation adhesive—An adhesive

intended by the manufacturer for use in the installation of ceramic

tiles.

[16.]12. Certified product data sheet—Documentation furnished by a coating supplier or an outside laboratory that provides

the volatile organic compound (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.]13. 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.]14. Charcoal kiln control system—A combination of an

emission control device and connected charcoal kiln(s).

[19.]15. 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.

Page 1226 Proposed Rules

August 15, 2012

Vol. 37, No. 16
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 (i.e., bonding, critical use and line sealer,

and seal coat) are also not included in this definition.

[20.]16. 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.]17. 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.

18. Class IA concentrated animal feeding operation—Any

concentrated animal feeding operation with a capacity of seven

thousand (7,000) animal units or more and corresponding to the

following number of animals by species listed below: 

[22.]19. 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.]20. 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.

21. Clean Air Act (CAA)—The Clean Air Act, as amended;

also see Act.

[24. Clean room—An uncontaminated area or room

which is a part of the worker decontamination enclosure system.]

[25.]22. Clean scanning—The illegal act of connecting the OnBoard 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] vehicle inspection report for the

purpose of bypassing the required OBD test procedure.

[26.]23. 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.]24. 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.]25. 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.]26. Clear wood finishes—Clear and semi-transparent topcoats applied to wood substrates to provide a transparent or translucent film.

[30.]27. Clinker—The product of a Portland cement kiln from

which finished cement is manufactured by milling and grinding.

[31.]28. Closed container—A container with a cover fastened

in place so that it will not allow leakage or spilling of the contents.

[32.]29. 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.]30. Closure—That point in time when a landfill becomes

a closed landfill.

[34.]31. 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. For the purpose of 10 CSR 10-2.230, coating does not

include ink used in printing operations regulated under 10 CSR

10-2.290 and 10 CSR 10-2.340. 

[35.]32. Coating applicator—An apparatus used to apply a surface coating.

[36.]33. 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.]34. 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.]35. 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.]36. Cogenerator—For the purpose[s] 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

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Vol. 37, No. 16 Missouri Register

Class IA concentrated animal feeding operation

7,000 animal unit equivalents

Animal species

Animal unit

equivalent

Number of

animals

Beef feeder or slaughter animal 1.0 7,000

Horse 0.5 3,500

Dairy cow 0.7 4,900

Swine weighing > 55 lbs. 2.5 17,500

Swine weighing < 55 lbs. 10 70,000

Sheep 10 70,000

Laying hens 30 210,000

Pullets 60 420,000

Turkeys 55 385,000

Broiler chickens 100 700,000
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.]37. 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.]38. 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.]39. 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.]40. Combustion turbine—An enclosed fossil or other fuelfired 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.]41. 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.]42. 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.]43. 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.]44. Commercial hospital/medical/infectious waste incinerator (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.]45. Commercial solid waste—All types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.

[49.]46. 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.]47. 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.]48. Commission—The Missouri Air Conservation

Commission established pursuant to [section] 643.040, RSMo.

[52.]49. Common stack—A single flue through which emissions from two (2) or more NOx units are exhausted.

[53.]50. 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.]51. 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.]52. 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.]53. Compliant coating—A finishing material or strippable

booth coating that meets the emission limits as specified.

[57.]54. 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.]55. 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.]56. 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.]57. 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

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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.]58. 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.]59. 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.]60. Conservation vent—Any valve designed and used to

reduce evaporation losses of [VOC] volatile organic compounds by

limiting the amount of air admitted to, or vapors released from, the

vapor space of a closed storage vessel.

[64.]61. 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.]62. 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.]63. 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.]64. 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.]65. 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.]66. Continuous hospital/medical/infectious waste incinerator (HMIWI)—An HMIWI that is designed to allow waste charging and ash removal during combustion.

[71.]67. 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.]68. Continuous program to implement—For the purpose

of 10 CSR 10-6.300, [T]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.]69. Continuous recorder—A data recording device recording an instantaneous data value at least once every fifteen (15) minutes.

[74.]70. Contractor—Any person, who by agreement, contractual or otherwise, conducts projects or provides services. For

the purpose of 10 CSR 10-5.381, [T]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.]71. 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.]72. 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.]73. Control period—The period beginning May 1 of a calendar year and ending on September 30 of the same calendar year.

[78.]74. Control system—The combination of capture and control devices used to reduce emissions to the atmosphere.

[79.]75. 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.]76. 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.]77. Conveyorized degreaser—A type of degreaser in

which the parts are loaded continuously.

[82.]78. 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.]79. 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.]80. Criteria pollutant or standard—Any pollutants for

which there is established a [NAAQS] National Ambient Air

Quality Standard at 40 CFR 50.

[85.]81. Crude oil—A naturally-occurring mixture which consists of hydrocarbons and sulfur, nitrogen, or oxygen derivatives[, or

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Vol. 37, No. 16 Missouri Register
a combination of these,] of hydrocarbons (or a combination of

these derivatives) which is a liquid at standard conditions.

[86.]82. 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.]83. Cutback asphalt—Any asphaltic cement that has been

liquefied by blending with [VOC] volatile organic compound liquid

diluents.

[88.]84. Cyanoacrylate adhesive—An adhesive with a cyanoacrylate content of at least ninety-five percent (95%) by weight.

[89.]85. Cyclone boiler—A boiler with a horizontal, cylindrical furnace that burns crushed, rather than pulverized, coal.

[90.]86. Cyclone electric generating unit (EGU)—An electric

generating unit [(EGU)] with a fossil-fuel-fired boiler consisting of

one or more horizontal 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 On-Board 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. For the purpose of 10 CSR 10-5.381, the department

is the state agency responsible for oversight of the vehicle emissions inspection and maintenance program required by the 1990

Federal Clean Air Act Amendments. 

[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.]8. 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 onehalf (2.5) million cubic meters, the calculation must include a sitespecific density, which must be recalculated annually.

[10.]9. 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.]10. Diagnostic Trouble Code (DTC)—An alphanumeric

code consisting of five (5) characters which is stored by a vehicle’s

On-Board 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.]11. Diammonium phosphate—A product resulting from

the reaction between phosphoric acid and ammonia having the molecular formula (NH4)2HPO4.

[13.]12. Diesel engine—A compression-ignited [(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.]13. 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.]14. Dioxins/furans—The combined emission of tetrathrough 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.]15. 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.]16. 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.]17. 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

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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)]

(2)(D)17.A.(III) of this [definition] rule which increase final

exhaust gas plume rise where the resulting allowable emissions of

sulfur dioxide from the installation do not exceed five thousand

(5,000) tons per year.

[19.]18. Disposal facility—All contiguous land and structures,

other appurtenances, and improvements on the land used for the disposal of solid waste.

[20.]19. Disposed off-site—Sending used organic solvents or

coatings outside of the facility boundaries for disposal.

[21.]20. 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.]21. 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.]22. Draft permit—The version of a permit for which the

permitting authority offers public participation or affected state

review.

[24.]23. Drum—Any cylindrical container of thirteen to one

hundred ten (13–110)-gallon capacity.

[25.]24. 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.]25. 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.]26. 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.]3. Electric dissipating coating—A coating that rapidly dissipates a high-voltage electric charge.

[5.]4. 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.]5. 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.]6. 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.]7. 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.

8. Electromagnetic interference/radio frequency interference (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.

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 or occurrence of a serious

nature that develops suddenly, unexpectedly, and demands immediate action. For the purpose of 10 CSR 10-6.300, an emergency

is [A]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.]

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Vol. 37, No. 16 Missouri Register
[19.]18. 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.]19. 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)] (2)(E)19.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.]20. Emission events—Discrete venting episodes that may

be associated with a single unit of operation.

[22.]21. 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.]22. 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.]23. 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] the U.S. Environmental Protection Agency’s new source

review requirements.

[25.]24. 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.]25. 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.]26. Emissions budgets—Those portions of the total allowable emissions defined in [an EPA] a U.S. Environmental

Protection Agency-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] Clean Air Act. 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.]27. Emissions inspection—For the purpose of 10 CSR

10-5.381, [T]tests performed on a vehicle in order to evaluate

whether the vehicle’s emissions control components are present and

properly functioning. 

[29.]28. Emissions report—A report that satisfies the provisions of [this rule] 10 CSR 10-6.110 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.]29. 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.]30. 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.]31. 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.]32. 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.]33. End exterior coating—A coating applied to the exterior end of a can to provide protection to the metal.

[35.]34. End seal compound—The gasket forming coating used

to attach the end pieces of a can during manufacturing or after filling with contents.

[36.]35. 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.]36. Energy Information Administration—The Energy

Information Administration of the United States Department of

Energy.

[38.]37. 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.]38. 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.]39. 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.]40. 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.]41. Etching filler—A coating for metal that contains less

than twenty-three percent (23%) solids by weight and at least onehalf percent (0.5%) acid by weight, and is used instead of applying

a pretreatment coating followed by a primer.

42. Ethylene propylene diene monomer (EPDM) roof membrane—A prefabricated single sheet of elastomeric material composed of ethylene propylene diene monomer and that is fieldapplied to a building roof using one (1) layer of membrane material.

[45.]43. Excess emissions—The emissions which exceed the

requirements of any applicable emission control regulation. 

[46.]44. 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

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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.] (2)(E)44.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.]45. 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.]46. 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.]47. 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.]48. Extreme environmental conditions—The exposure to

any of the weather all of the time, temperatures consistently above

ninety-five degrees Celsius (95 °C), detergents-abrasive and scouring agents, solvents, corrosive atmospheres, or similar environmental conditions.

[51.]49. 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.]50. 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.

(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—

(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

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Vol. 37, No. 16 Missouri Register
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 non-porous 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] For the purpose of 10

CSR 10-5.381, 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 newly-assembled motor vehicle equipped with onboard refueling vapor recovery (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

asbestos-containing material is present in a building or other

air contaminant sources.]

[18.]17. 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.]18. Institutional cleaning—Cleaning activities conducted

at organizations, societies, or corporations including but not limited

to schools, hospitals, sanitariums, and prisons.

[20.]19. 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.]20. 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.]21. 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.]22. 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.]23. Intermediate installations—Part 70 installations that

become basic state installations based on their potential to emit by

accepting the imposition of voluntarily-agreed-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.

[25.]24. Intermittent hospital/medical/infectious waste incinerator (HMIWI)—An HMIWI that is designed to allow waste charging, but not ash removal, during combustion.

[26.]25. 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.]26. Internal floating roof—A product cover in a fixed roof

tank which rests upon or is floated upon the [VOC] volatile organic compound 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.

(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),

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August 15, 2012

Vol. 37, No. 16
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.]1. 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.]2. 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.]3. Maintenance plan—A revision to the applicable Missouri

State Implementation Plan [(SIP)], meeting the requirements of section 175A of the [CAA] Clean Air Act.

[5.]4. 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.]5. 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.]6. 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.]7. 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.]8. Marine vessel—A craft capable of being used as a

means of transportation on water, except amphibious vehicles.

[11.]9. Maskant—A coating applied directly to an aerospace

component to protect those areas when etching other parts of the

component. 

[12.]10. Mask coating—A thin film coating applied through a

template to coat a small portion of a substrate.

[13.]11. 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.

12. Maximum achievable control technology (MACT)—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) that the administrator, 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)12.A.–D of

this rule.

[14.]13. Maximum charge rate—For continuous and intermittent hospital/medical/infectious waste incinerator (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.]14. 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.]15. 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.]16. 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.]17. 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

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Vol. 37, No. 16 Missouri Register
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.]18. 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.]19. 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.]20. 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.]21. 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.]22. 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.]23. Medium hospital/medical/infectious waste incinerator (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.]24. 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.]25. 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.]26. 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]

Clean Air Act.

[28.]27. 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.]28. Milestone—The meaning given in sections 182(g)(1)

and 189(c)(1) of the [CAA] Clean Air Act. It consists of an emissions level and the date on which it is required to be achieved.

[30.]29. Military specification coating—A coating which has a

formulation approved by a United States Military Agency for use on

military equipment.

[31.]30. 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.]31. Minimum mercury (Hg) sorbent flow rate—Ninety

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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.]32. 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.]33. 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.]34. 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.]35. 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.]36. 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.]37. 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] hydrogen chloride emission limits.

[39.]38. 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.]39. 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.]40. 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. On-board diagnostics (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.]41. Missouri Department of Revenue (MDOR)—The state

agency that serves as the central collection agency for all state

revenue with primary duties of collecting tax, registering and

titling vehicles, and licensing drivers. For the purpose of 10 CSR

10-5.381, the Missouri Department of Revenue is 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.]42. Missouri Emissions Inventory System (MoEIS)—

Online interface of the state of Missouri’s air emissions inventory

database.

43. Missouri performance evaluation test procedure

(MOPETP)—The 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.

44. Missouri State Highway Patrol (MSHP)—The state law

enforcement agency with the primary duties of enforcing the traffic laws and promoting highway safety. For the purpose of 10

CSR 10-5.381, the Missouri State Highway Patrol is 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. For the purpose of 10 CSR 10-6.165, modification is

any change to a source of odor emissions or source operations,

including odor controls, that causes or could cause an increase in

potential odor emissions. 

50. Modification, Title I—See Title I modification.

51. Modified hospital/medical/infectious waste incinerator

(HMIWI)—Any change to an HMIWI unit after the effective date of

these standards such that the cumulative costs of the modifications,

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Vol. 37, No. 16 Missouri Register
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] Clean Air Act.

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.]56. 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.]57. Motor vehicle—Any self-propelled vehicle. 

[59.]58. 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.]59. 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.]60. 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.]61. 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.]62. 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.]63. 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.]64. 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.]65. 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.]66. 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.]67. 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.]68. 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.]69. Motorcycle—A motor vehicle operated on two (2)

wheels.

[71.]70. 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.]71. 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.]72. Multi-day violation—A violation which has occurred

on or continued for two (2) or more consecutive or nonconsecutive

days.

[74.]73. 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.]74. 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.]75. Municipal solid waste (MSW) 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.]76. Municipal solid waste (MSW) 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.

(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

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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. 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] Clean Air Act 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] Clean Air Act 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 one-half (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] 10

CSR 10-6.300.

17. Total organic compounds [or “TOC”] (TOC)—Those compounds measured according to the procedures of EPA 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[.]; [T]the definition of TOC

exclude[d]s 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 (TRE) 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 in 10

CSR 10-5.550. 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-ofcycle 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]

the U.S. Environmental Protection Agency.

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. 

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, leanburn, or rich-burn stationary internal combustion engine as defined

in this rule.

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Vol. 37, No. 16 Missouri Register
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.]8. User source—Any source that seeks to use [ERCs] emission reduction credits to comply with an applicable emission reduction requirement.

[10.]9. 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.]10. Utilization rate—The amount of an engine’s capacity

reported in horsepower-hours 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]

volatile organic compounds 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] Missouri Decentralized Analyzer System 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] Missouri Decentralized Analyzer

System 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-methoxypropane (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-nonafluoro-4-

methoxy-butane (C4F9OCH3 or

HFE-7100)

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)

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August 15, 2012

Vol. 37, No. 16
163702065 2-(ethoxydifluoromethyl)-

1,1,1,2,3,3,3-heptafluoropropane

((CF3)2CFCF2OC2H5)

297730939 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-

dodecafluoro-2-(trifluoromethyl)

hexane (HFE-7500)

71556 1,1,1-trichloroethane (methyl

chloroform)

67641 acetone

[25497294] 75683 1-chloro 1,[ ]1-difluoroethane 

(HCFC-142b)

75456 chlorodifluoromethane (HCFC-22)

593704 chlorofluoromethane (HCFC-31)

76153 chloropentafluoroethane (CFC-115)

[63938103] 2837890 2-chloro-1,1,1,2-tetrafluoroethane 

(HCFC-124)

75718 dichlorodifluoromethane (CFC-12)

1717006 1,1-dichloro 1-fluoroethane 

(HCFC-141b)

[1320372] 76142 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] 420462 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-decafluoro-3-

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

volatile organic compound (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-resinbased 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 asbestos-containing 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

Page 1241 August 15, 2012

Vol. 37, No. 16 Missouri Register
particleboard that is manufactured under any of the following standard industrial classification 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]6.241. 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.

(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

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)

1941 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

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August 15, 2012

Vol. 37, No. 16
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-p-dioxin

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]Trichloroethane

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 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.

AUTHORITY: section 643.050, RSMo Supp. 2011, and section

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 July 3, 2012. 

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., September 27, 2012. The public hearing will be held at

Hampton Inn & Suites, Plaza C, 4600 Summit Street, Kansas 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.,

October 4, 2012. 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.

Page 1243 August 15, 2012

Vol. 37, No. 16 Missouri Register
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. 2012, the commission amends a rule as follows:

10 CSR 10-6.020 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on August 15,

2012 (37 MoReg 1222–1243). Those sections with changes are

reprinted here. This proposed amendment becomes effective thirty

(30) days after publication in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of

Natural Resources’ Air Pollution Control Program received two (2)

comments from two (2) sources on this rule amendment: an attorney

with Newman, Comley & Ruth P.C. and the department’s Air

Pollution Control Program.

COMMENT #1: An attorney with the Newman, Comley & Ruth

firm suggested the rule-specific definition of the term modification is

significantly different from the definition currently in 10 CSR 10-

6.020 and should remain separate and apart in 10 CSR 10-6.165,

Restriction of Emission of Odors to avoid confusion. 

RESPONSE AND EXPLANATION OF CHANGE: The new practice of consolidating all 10 CSR 10 rule definitions into 10 CSR 10-

6.020, Definitions and Common Reference Tables requires every

definition from each rule to be located in 10 CSR 10-6.020, resulting in a complete compilation of all air rule definitions. This new

approach to definitions was discussed with, and supported by, the Air

Program Advisory Forum at its May 27, 2010, meeting. In this rulemaking, the 10 CSR 10-6.165 rule-specific definition of modification

was simply added without change to the existing 10 CSR 10-6.020

general definition of modification. There are numerous similar cases

of terms defined uniquely for specific rule applications in addition to

a general definition for the term. In cases where these circumstances

occur, the rule-specific definition as proposed is offset with a distinguishing statement (e.g., for the purpose of, followed by the specific rule number). The department’s Air Pollution Control Program

acknowledges this format could cause confusion by the appearance

that the rule-specific and general definitions for a particular term are

a single definition as noted in the comment. As a result of this comment, the format for the definition of modification and other terms

with similar circumstances have been changed by moving each rulespecific definition and general definition into a separate subparagraph under the term. This formatting change is intended to clarify

that the general definition of a term is in no way part of a rule-specific definition and that each definition stands alone. 

COMMENT #2: The department’s Air Pollution Control Program

identified minor typographical errors in the proposed rulemaking text

published in the Missouri Register on August 15, 2012. 

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, minor corrections were made in subsections (2)(C),

(2)(M), and (3)(C). 

10 CSR 10-6.020 Definitions and Common Reference Tables

(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. ABS plastic solvent welding—A process to weld acrylonitrile-butadiene-styrene pipe. 

3. 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.

4. Account holder—Any person that chooses to participate in

the emission reduction credit (ERC) program by generating, buying,

selling, or trading ERCs.

5. Account number—The identification number given to each

NOx allowance tracking system account.

6. 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.

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. 101–549.

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. Activity level—Defined as follows:

A. For the purpose of 10 CSR 10-6.410, activity level is the

amount of activity at a source measured in terms of production, use,

raw materials input, vehicle miles traveled, or other similar units that

have a direct correlation with the economic output of the source and

Orders of Rulemaking

106

This section will contain the final text of the rules proposed

by agencies. The order of rulemaking is required to contain a citation to the legal authority upon which the order or

rulemaking is based; reference to the date and page or pages

where the notice of proposed rulemaking was published in

the Missouri Register; an explanation of any change between

the text of the rule as contained in the notice of proposed

rulemaking and the text of the rule as finally adopted, together with the reason for any such change; and the full text of

any section or subsection of the rule as adopted which has

been changed from that contained in the notice of proposed

rulemaking. The effective date of the rule shall be not less

than thirty (30) days after the date of publication of the revision to the Code of State Regulations.

The agency is also required to make a brief summary ofthe general nature and extent of comments submitted in

support of or opposition to the proposed rule and a concise

summary of the testimony presented at the hearing, if any,

held in connection with the rulemaking, together with a concise summary of the agency’s findings with respect to the

merits of any such testimony or comments which are

opposed in whole or in part to the proposed rule. The ninety-

(90-) day period during which an agency shall file its order of

rulemaking for publication in the Missouri Register begins

either: 1) after the hearing on the proposed rulemaking is

held; or 2) at the end of the time for submission of comments

to the agency. During this period, the agency shall file with

the secretary of state the order of rulemaking, either putting

the proposed rule into effect, with or without further changes,

or withdrawing the proposed rule.

January 2, 2013

Vol. 38, No. 1

MISSOURI

REGISTER
is not affected by changes in the emissions rate (i.e., mass per unit

of activity); and

B. For all other purposes, activity level means a measurable

factor or parameter that relates directly or indirectly to the emissions

of an air pollution source. Depending on the source category, activity information includes, but is not limited to, the amount of fuel combusted, raw material processed, product manufactured, or material

handled or processed. 

11. 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.

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, 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 flash-off 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—Defined as follows:

A. For the purpose of 10 CSR 10-6.360, administrator is the

administrator of the U.S. Environmental Protection Agency or the

administrator’s duly-authorized representative; and

B. For all other purposes, administrator means the regional

administrator for Region VII, U.S. Environmental Protection

Agency. 

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—For the purpose of 10 CSR

10-6.300, 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—Defined as follows: 

A. For the purpose of 10 CSR 10-5.530, 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; and

B. For all other purposes, affected source means a source that

includes one (1) or more emission units subject to emission reduction

requirements or limitations under Title IV of the Act. 

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.

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. Air cleaning device—Any method, process, or equipment

which removes, reduces, or renders less obnoxious air contaminants

discharged into the ambient air.

27. Air contaminant—Any particulate matter or any gas or

vapor or any combination of them. 

28. Air contaminant source—Any and all sources of emission of

air contaminants whether privately or publicly owned or operated.

29. 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)).

30. Air emissions reporting rule (AERR)—The U.S.

Environmental Protection Agency rule that finalized changes to emission reporting requirements in 40 CFR 51 (Federal Register,

December 18, 2008). 

31. Air pollutant—Agent, or combination of agents, including

any physical, chemical, biological, radioactive (including source

material, special nuclear material, and by-product 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 reaches 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 twenty-five

(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.

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37. Alcohol—Refers to isopropanol, isopropyl alcohol, normal

propyl alcohol, or ethanol.

38. Alcohol substitutes—Nonalcohol additives that contain

volatile organic compounds 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 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 as a pesticide under the Federal Insecticide,

Fungicide, and Rodenticide Act (7 U.S.C. 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) 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 the U.S. Environmental

Protection Agency 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

643.010–643.190, RSMo, of the Missouri Air Conservation Law and

rules adopted under them.

56. Approved source—For the purpose of 10 CSR 10-5.120, 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

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determine the effects of emissions on air quality; for example, an

assessment using the U.S. Environmental Protection Agency’s community multi-scale air quality (CMAQ) modeling system.

62. As applied—The volatile organic compound and solids content of the finishing material that is actually used for coating the substrate. It includes the contribution of materials used for in-house 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 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.

66. 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.

67. Asbestos air sampling technician—An individual who has

been trained by an air sampling professional to do air monitoring.

Such individual conducts air monitoring of an asbestos abatement

project before, during, and after the project has been completed.

68. Asbestos-containing material (ACM)—Any material or

product which contains more than one percent (1%) asbestos, by

weight.

69. Asbestos contractor—Any person who by agreement, contractual or otherwise, conducts asbestos abatement projects at a location other than his/her own place of business.

70. Asbestos Hazard Emergency Response Act (AHERA)—Law

enacted in 1986 (P.L. 99–519) that directs the U.S. Environmental

Protection Agency 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.

71. Asbestos inspector—An individual, under the Asbestos

Hazard Emergency Response Act, who collects and assimilates information used to determine whether asbestos-containing material is

present in a building or other air contaminant sources.

72. Asbestos management planner—An individual, under the

Asbestos Hazard Emergency Response Act, who devises and writes

plans for asbestos abatement.

73. 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.

74. Asbestos supervisor—An individual who directs, controls,

or supervises others in asbestos projects.

75. Asbestos worker—An individual who engages in asbestos

projects.

76. Asphalt prime coat—Application of low-viscosity liquid

asphalt to an absorbent surface such as a previously-untreated surface.

77. 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.

78. 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.

79. Automated data acquisition and handling system (DAHS)—

That component of the Continuous Emissions Monitoring System, 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.

80. 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.

81. Automobile—A four (4)-wheel passenger motor vehicle or

derivative capable of seating no more than twelve (12) passengers.

82. 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.

83. 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.

84. 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.

85. 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.

86. 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

seal material.

87. 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.

88. 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.

89. 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.

90. 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 

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G. Plastic parts coatings. (Customizers, body shops, and

other repainters are not part of this definition.)

91. 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.

92. 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.

93. 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.

94. Automotive underbody deadeners—Any coating applied to

the underbody of a motor vehicle to reduce the noise reaching the

passenger compartment.

95. 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.

96. Average emission rate—The simple average of the hourly

NOx emission rate as recorded by approved monitoring systems.

(C) All terms beginning with C.

1. Camouflage coating—A coating, used principally by the military, to conceal equipment from detection.

2. 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.

3. 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.

4. Capture efficiency—The fraction of all organic vapors or

other pollutants generated by a process that is directed to a control

device.

5. 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 adsorbed.

6. Cargo tank—A delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately-previous load.

7. Catalytic incinerator—A control device using a catalyst to

allow combustion to occur at a lower temperature.

8. 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.

9. 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.

10. 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.

11. Ceramic tile installation adhesive—An adhesive intended by

the manufacturer for use in the installation of ceramic tiles.

12. Certified product data sheet—Documentation furnished by a

coating supplier or an outside laboratory that provides the volatile

organic compound (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.

13. 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.

14. Charcoal kiln control system—A combination of an emission control device and connected charcoal kiln(s).

15. 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 (i.e., bonding, critical use and line sealer, and seal

coat) are also not included in this definition.

16. 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.

17. 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.

18. Class IA concentrated animal feeding operation—Any concentrated animal feeding operation with a capacity of seven thousand

(7,000) animal units or more and corresponding to the following

number of animals by species listed below: 

19. 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.

Page 110 Orders of Rulemaking

Class IA concentrated animal feeding operation 

7,000 animal unit equivalents 

Animal species 

Animal unit 

equivalent 

Number of 

animals 

Beef feeder or slaughter animal 1.0 7,000 

Horse 0.5 3,500 

Dairy cow 0.7 4,900 

Swine weighing > 55 lbs. 2.5 17,500 

Swine weighing < 55 lbs. 10 70,000 

Sheep 10 70,000 

Laying hens 30 210,000 

Pullets 60 420,000 

Turkeys 55 385,000 

Broiler chickens 100 700,000 
20. 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.

21. Clean Air Act (CAA)—The Clean Air Act, as amended; also

see Act.

22. 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 vehicle inspection report for the purpose of bypassing the required OBD test procedure.

23. 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.

24. 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.

25. 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.

26. Clear wood finishes—Clear and semi-transparent topcoats

applied to wood substrates to provide a transparent or translucent

film.

27. Clinker—The product of a Portland cement kiln from which

finished cement is manufactured by milling and grinding.

28. Closed container—A container with a cover fastened in

place so that it will not allow leakage or spilling of the contents.

29. 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.

30. Closure—That point in time when a landfill becomes a

closed landfill.

31. 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. Inks not included

in the coating definition are—

A. For the purpose of 10 CSR 10-5.330, ink used in printing

operations regulated under 10 CSR 10-5.340 and 10 CSR 10-5.442;

and

B. For the purpose of 10 CSR 10-2.230, ink used in printing

operations regulated under 10 CSR 10-2.290 and 10 CSR 10-2.340. 

32. Coating applicator—An apparatus used to apply a surface

coating.

33. 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. 

34. 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.

35. 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.

36. Cogenerator—For the purpose of paragraph (1)(A)3. of 10

CSR 10-6.364, 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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 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 

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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.

43. Commenced operation—Defined as follows: 

A. For the purpose of 10 CSR 10-6.360, 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: 

(I) 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

(II) 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; and

B. For all other purposes, commenced operation means the

initial setting into operation of any air pollution control equipment or

process equipment. 

44. Commercial hospital/medical/infectious waste incinerator

(HMIWI)—An HMIWI which offers incineration services for hospital/medical/infectious waste generated offsite by firms unrelated to

the firm that owns the HMIWI.

45. Commercial solid waste—All types of solid waste generated

by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding residential and industrial wastes.

46. 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. 

47. 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.

48. Commission—The Missouri Air Conservation Commission

established pursuant to 643.040, RSMo.

49. Common stack—A single flue through which emissions

from two (2) or more NOx units are exhausted.

50. 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.

51. 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.

52. Compliance cycle—The two (2)-year duration during which

a subject vehicle in the enhanced emissions inspection program area

is required to comply with 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.

53. Compliant coating—A finishing material or strippable booth

coating that meets the emission limits as specified.

54. 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.

55. 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. 

56. 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.

57. Confidential business information—Defined as follows: 

A. For the purpose of 10 CSR 10-6.300, confidential business information 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));

and

B. For all other purposes, confidential business information

means 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. 

58. 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.

59. 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.

60. Conservation vent—Any valve designed and used to reduce

evaporation losses of volatile organic compounds by limiting the

amount of air admitted to, or vapors released from, the vapor space

of a closed storage vessel.

61. 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.

62. Contact adhesive—A 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. A contact adhesive is 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. 

63. 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.

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64. 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.

65. Continuous emissions monitoring system (CEMS)—Defined

as follows: 

A. For the purpose 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:

(I) Flow monitor;

(II) Nitrogen oxides pollutant concentration monitors;

(III) Diluent gas monitor (oxygen or carbon dioxide) when

such monitoring is required;

(IV) A continuous moisture monitor when such monitoring

is required; and

(V) An automated data acquisition and handling system;

and

B. For all other purposes, continuous emission monitoring

system means a monitoring system for continuously measuring and

recording the emissions of a pollutant from an affected facility. 

66. Continuous hospital/medical/infectious waste incinerator

(HMIWI)—An HMIWI that is designed to allow waste charging and

ash removal during combustion.

67. 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.

68. Continuous program to implement—For the purpose of 10

CSR 10-6.300, 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.

69. Continuous recorder—A data recording device recording an

instantaneous data value at least once every fifteen (15) minutes.

70. Contractor—Defined as follows: 

A. For the purpose of 10 CSR 10-5.381, the state contracted

company who shall implement the decentralized motor vehicle emissions inspection program as specified in 643.300–643.355, RSMo,

and the state contracted company who shall implement the acceptance test procedure; and

B. For all other purposes, contractor means any person, who

by agreement, contractual or otherwise, conducts projects or provides services. 

71. 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.

72. 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.

73. Control period—The period beginning May 1 of a calendar

year and ending on September 30 of the same calendar year.

74. Control system—The combination of capture and control

devices used to reduce emissions to the atmosphere.

75. Controlled landfill—Any landfill at which collection and

control systems are required 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.

76. 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. 

77. Conveyorized degreaser—A type of degreaser in which the

parts are loaded continuously.

78. 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.

79. 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.

80. Criteria pollutant or standard—Any pollutants for which

there is established a National Ambient Air Quality Standard at 40

CFR 50.

81. Crude oil—A naturally-occurring mixture which consists of

hydrocarbons and sulfur, nitrogen, or oxygen derivatives of hydrocarbons (or a combination of these derivatives) which is a liquid at

standard conditions.

82. 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. 

83. Cutback asphalt—Any asphaltic cement that has been liquefied by blending with volatile organic compound liquid diluents.

84. Cyanoacrylate adhesive—An adhesive with a cyanoacrylate

content of at least ninety-five percent (95%) by weight.

85. Cyclone boiler—A boiler with a horizontal, cylindrical furnace that burns crushed, rather than pulverized, coal.

86. Cyclone electric generating unit (EGU)—An electric generating unit 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.

(D) All terms beginning with D.

1. Data Link Connector (DLC)—The terminal required to be

installed on all On-Board 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—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—Defined as follows: 

A. For the purpose of 10 CSR 10-5.381, the department is the

state agency responsible for oversight of the vehicle emissions inspection and maintenance program required by the 1990 Federal Clean

Air Act Amendments; and

B. For all other purposes, department means 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. 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 in-place

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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.

9. 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.

10. 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.

11. Diammonium phosphate—A product resulting from the

reaction between phosphoric acid and ammonia having the molecular formula (NH4)2HPO4.

12. Diesel engine—A compression-ignited 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.

13. 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.

14. Dioxins/furans—The combined emission of tetra- through

octa-chlorinated dibenzo-para-dioxins and dibenzofurans as measured by the EPA Method 23 of 40 CFR 60, Appendix A-7.

15. 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.

16. Director or department director— Director of the Missouri

Department of Natural Resources, or a designated representative, to

carry out the duties as described in 643.060, RSMo. 

17. 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)17.A.(III) of this rule

which increase final exhaust gas plume rise where the resulting

allowable emissions of sulfur dioxide from the installation do not

exceed five thousand (5,000) tons per year.

18. Disposal facility—All contiguous land and structures, other

appurtenances, and improvements on the land used for the disposal

of solid waste.

19. Disposed off-site—Sending used organic solvents or coatings outside of the facility boundaries for disposal.

20. Distillation operation—An operation separating one (1) or

more feed stream(s) into two (2) or more exit streams, 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.

21. 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.

22. Draft permit—The version of a permit for which the permitting authority offers public participation or affected state review.

23. Drum—Any cylindrical container of thirteen to one hundred

ten (13–110)-gallon capacity.

24. 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.

25. 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.

26. 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.

Page 114 Orders of Rulemaking
3. Electric dissipating coating—A coating that rapidly dissipates

a high-voltage electric charge.

4. 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.

5. 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.

6. 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.

7. 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.

8. Electromagnetic interference/radio frequency interference

(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.

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—Defined as follows: 

A. For the purpose of 10 CSR 10-6.300, an emergency is 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;

and

B. For all other purposes, emergency means a situation or

occurrence of a serious nature that develops suddenly, unexpectedly,

and demands immediate action. 

12. Emergency asbestos project—An asbestos 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, 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, 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, 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, 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. Emission(s)—Defined as follows: 

A. For the purpose of 10 CSR 10-6.360, 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; and

B. For all other purposes, emission(s) means the release or

discharge, whether directly or indirectly, into the atmosphere of one

(1) or more air contaminants. 

19. 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)19.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. 

20. Emission events—Discrete venting episodes that may be

associated with a single unit of operation.

21. 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.

22. 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.

23. 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

the U.S. Environmental Protection Agency’s new source review

requirements.

24. 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.

25. 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.

26. Emissions budgets—Those portions of the total allowable

emissions defined in a U.S. Environmental Protection Agencyapproved 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

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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 Clean Air Act. An

emissions budget may be expressed in terms of an annual period, a

daily period, or other period established in the applicable implementation plan.

27. Emissions inspection—For the purpose of 10 CSR 10-

5.381, tests performed on a vehicle in order to evaluate whether the

vehicle’s emissions control components are present and properly

functioning. 

28. Emissions report—A report that satisfies the provisions of

10 CSR 10-6.110 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.

29. Emissions unit—Defined as follows: 

A. For the purpose of 10 CSR 10-6.410, 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; and

B. For all other purposes, emissions unit means 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.

30. 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). 

31. Enamel—A surface coating that is a mixture of paint and

varnish, having vehicles similar to those used for varnish, but also

containing pigments.

32. 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.

33. End exterior coating—A coating applied to the exterior end

of a can to provide protection to the metal.

34. End seal compound—The gasket forming coating used to

attach the end pieces of a can during manufacturing or after filling

with contents.

35. 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.

36. Energy Information Administration—The Energy

Information Administration of the United States Department of

Energy.

37. 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.

38. Equipment—Any item that is designed or intended to perform any operation and includes any item attached to it to assist in

the operation. 

39. Equipment leak—Emissions of volatile organic compounds

from pumps, valves, flanges, or other equipment used to transfer or

apply finishing materials or organic solvents.

40. 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.

41. 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.

42. Ethylene propylene diene monomer (EPDM) roof membrane—A prefabricated single sheet of elastomeric material composed of ethylene propylene diene monomer and that is field-applied

to a building roof using one (1) layer of membrane material.

43. Excess emissions—The emissions which exceed the requirements of any applicable emission control regulation. 

44. 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)44.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.

45. Existing—Defined as follows: 

A. 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; and

B. For all other purposes, 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

Page 116 Orders of Rulemaking
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. 

46. 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.

47. 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. 

48. 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.

49. 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.

50. 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.

(I) All terms beginning with I.

1. Idling—The operation of an engine where the engine is not

engaged in gear.

2. Incinerator—Defined as follows: 

A. For the purpose of 10 CSR 10-5.530, 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;

B. For the purpose of 10 CSR 10-5.550, 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; and

C. For all other purposes, incinerator means 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. 

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—

(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

non-porous 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—For the purpose of 10 CSR 10-

5.381, 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 newly-assembled motor vehicle equipped with onboard refueling vapor recovery

(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)

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January 2, 2013

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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. 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). 

18. Institutional cleaning—Cleaning activities conducted at

organizations, societies, or corporations including but not limited to

schools, hospitals, sanitariums, and prisons.

19. 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.

20. 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. 

21. 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.

22. 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.

23. Intermediate installations—Part 70 installations that become

basic state installations based on their potential to emit by accepting

the imposition of voluntarily-agreed-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.

24. Intermittent hospital/medical/infectious waste incinerator

(HMIWI)—An HMIWI that is designed to allow waste charging, but

not ash removal, during combustion.

25. 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.

26. Internal floating roof—A product cover in a fixed roof tank

which rests upon or is floated upon the volatile organic compound

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.

(M) All terms beginning with M.

1. 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.

2. 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.

3. Maintenance plan—A revision to the applicable Missouri

State Implementation Plan, meeting the requirements of section

175A of the Clean Air Act.

4. 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. 

5. Malfunction—Defined as follows: 

A. For the purpose of 10 CSR 10-6.200, 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; and

B. For all other purposes, malfunction means 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. 

6. 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.

7. 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.

8. Marine vessel—A craft capable of being used as a means of

transportation on water, except amphibious vehicles.

9. Maskant—A coating applied directly to an aerospace component to protect those areas when etching other parts of the component. 

10. Mask coating—A thin film coating applied through a template to coat a small portion of a substrate.

Page 118 Orders of Rulemaking
11. 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.

12. Maximum achievable control technology (MACT)—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) that the administrator, 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)12.A.–D. of

this rule.

13. Maximum charge rate—For continuous and intermittent

hospital/medical/infectious waste incinerator (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.

14. 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.

15. 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.

16. 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.

17. 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).

18. 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.

19. 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.

20. 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.

21. 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.

22. 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

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blades.

23. Medium hospital/medical/infectious waste incinerator

(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.

24. 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.

25. 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.

26. 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 Clean Air Act.

27. 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.

28. Milestone—The meaning given in sections 182(g)(1) and

189(c)(1) of the Clean Air Act. It consists of an emissions level and

the date on which it is required to be achieved.

29. Military specification coating—A coating which has a formulation approved by a United States Military Agency for use on

military equipment.

30. 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.

31. 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.

32. 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.

33. 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.

34. 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.

35. 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.

36. 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.

37. 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

hydrogen chloride emission limits.

38. 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.

39. 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.

40. 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. On-board diagnostics (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.

41. Missouri Department of Revenue (MDOR)—Defined as follows: 

A. For the purpose of 10 CSR 10-5.381, the Missouri

Department of Revenue is 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; and

B. For all other purposes, Missouri Department of Revenue

means the state agency that serves as the central collection agency for

all state revenue with primary duties of collecting tax, registering and

titling vehicles, and licensing drivers. 

42. Missouri Emissions Inventory System (MoEIS)—Online

Page 120 Orders of Rulemaking
interface of the state of Missouri’s air emissions inventory database.

43. Missouri performance evaluation test procedure

(MOPETP)—The 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.

44. Missouri State Highway Patrol (MSHP)—Defined as follows: 

A. For the purpose of 10 CSR 10-5.381, the Missouri State

Highway Patrol is 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;

and

B. For all other purposes, Missouri State Highway Patrol is

the state law enforcement agency with the primary duties of enforcing the traffic laws and promoting highway safety.

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—Defined as follows: 

A. For the purposes of 10 CSR 10-5.490 and 10 CSR 10-

6.310, 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;

B. For the purpose of 10 CSR 10-6.165, modification is any

change to a source of odor emissions or source operations, including

odor controls, that causes or could cause an increase in potential odor

emissions; and

C. For all other purposes, modification means any physical

change to, 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.

50. Modification, Title I—See Title I modification.

51. Modified hospital/medical/infectious waste incinerator

(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 Clean Air Act.

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. 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. 

57. Motor vehicle—Any self-propelled vehicle. 

58. 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.

59. 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.

60. 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.

61. 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.

62. 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 seal material.

63. 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.

64. 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.

65. 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.

66. 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.

67. 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.

68. Motor vehicle weatherstrip adhesive—An adhesive, used at

Page 121 January 2, 2013

Vol. 38, No. 1 Missouri Register
January 2, 2013

Vol. 38, No. 1

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.

69. Motorcycle—A motor vehicle operated on two (2) wheels.

70. 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.

71. 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.

72. Multi-day violation—A violation which has occurred on or

continued for two (2) or more consecutive or nonconsecutive days.

73. 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.

74. 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.

75. Municipal solid waste (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.

76. Municipal solid waste (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.

(3) General Provisions. Common reference tables are provided in this

section of the rule.

(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

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

Page 122 Orders of Rulemaking
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-p-dioxin

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-Trichloroethane

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 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.

Title 13—DEPARTMENT OF SOCIAL SERVICES

Division 40—Family Support Division

Chapter 2—Income Maintenance

ORDER OF RULEMAKING

By the authority vested in the Department of Social Services, Family

Support Division, under section 208.027, RSMo Supp. 2012, the

division adopts a rule as follows:

13 CSR 40-2.400 Definitions for the Screening and Testing for the

Illegal Use of Controlled Substances by Temporary Assistance

Applicants and Recipients is adopted.

Page 123 January 2, 2013

Vol. 38, No. 1 Missouri Register
From: Bhesania.Amy@epamail.epa.gov [mailto:Bhesania.Amy@epamail.epa.gov] 

Sent: Wednesday, January 02, 2013 2:28 PM 

To: Graf, Wayne 

Cc: Simpson.Jan@epamail.epa.gov

Subject: 6.020 SIP Submittal - Redline Strikeout 

Hi Wayne. You recently requested the federally approved version of the rule 6.020 in order to fulfill MO's 

obligation to submit a redline strike out version of the rulemaking along with the SIP submittal. I 

understand that you are ready to submit revisions to this rule, but that EPA has not yet federally approved 

previous submissions of this rule and therefore there is no updated federally approved version of the rule 

to mark up. 

This email is intended to transmit the agreement that MDNR does not need to submit this electronic 

redline strike out in this particular submission, but that EPA may at a later date request this copy once the 

federal register actions have caught up. 

Thanks! 

-ab 

Amy Bhesania │ bhesania.amy@epa.gov │ (913) 551-7147 

U.S. Environmental Protection Agency │ Air Planning and Development Branch 

11201 Renner Boulevard │Lenexa, KS 66219