Jeremiah W Uay) Nixon, Governor • Sara Parker Pauley, Director 

T OF NATURAL RESOURCES 


www.cior.mo.gov 

MAY - 4 2012 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

901 North Fifth Street 

Kansas City, KS 66101 

Dear Mr. Brooks: 

The Missouri Air Conservation Commission has recently revised or promulgated the 

following regulation(s). The following is enclosed for your review: 

10 CSR 10-6.310 Restriction of Emissions From Municipal Solid Waste Landfills 

This proposed amendment will update the rule to maintain consistency with the 

federal emission guidelines for municipal solid waste landfills, subpart Cc, that were 

published in the Federal Register on April 10,2000, October 17, 2000, and September 

21, 2006. These updates corrected typographical and formatting errors and corrected 

inconsistencies from previous final rule actions. Note that definitions proposed for 

removal in this rulemaking have been added to the general definition rule, 10 CSR 

10-6.020. 

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

considering comments received at public hearing. The commission has full legal 

authority to develop rules pursuant to Section 643.050 of the Missouri Air 

Conservation Law. The state followed all applicable administrative procedures in 

proposing and adopting the rule action(s). Enclosed are the required submittal 

elements. 

The Missouri Department ofNatural Resources requests that the U.S. Environmental 

Protection Agency approve this plan for existing landfills pursuant to section 111 (d) 

of the Clean Air Act. 

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

memo, an exact duplicate of this submittal is also being provided as an electronic 

attachment in an email to the Region VII Missouri coordinator. 

o Rc-c)dcd Paper 
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, 

AIR PO LUTION CONTROL PROGRAM 

X~ 

KLM:pmc 

Enclosures: 

Copy of rule published in CSR 

Copy of commission signature page certifying Missouri Air Conservation Commission 

adoption 

Copy of technical support documentation for rule (if applicable) 

Copies of public hearing newspaper notices 

Copy of public hearing transcript introductory statement 

Copy of MO Reg proposed rulemaking 

Copy of MO Reg order of rulemaking with comments/responses 

c: Missouri Air Conservation Commission 
B. The emission reduction methods

must be consistent with the applicable SIP or

TIP attainment and reasonable further

progress demonstrations. 

C. The emissions reductions cannot

be required by or credited to other applicable

SIP or TIP provisions. 

D. Both the state or tribe and federal

air quality agencies must be able to take legal

action to ensure continued implementation of

the emission reduction strategy. In addition,

private citizens must also be able to initiate

action to ensure compliance with the control

requirement. 

E. The emissions reductions must be

permanent or the time frame for the reductions must be specified. 

F. The federal agency must document

the emissions reductions and provide a copy

of the document to the state or tribal air quality agency and the EPA regional office for

review. The documentation must include a

detailed description of the emission reduction

strategy and a discussion of how it meets the

requirements of subparagraphs (3)(L)2.A.

through (3)(L)2.E. of this rule.

3. Use of emission reduction credits.

The emission reduction credits created in

accordance with paragraph (3)(L)2. of this

rule can be used, subject to the following limitations, to reduce the emissions increase

from a federal action at the facility for the

conformity evaluation.

A. If the technique used to create the

emission reduction is implemented at the

same facility as the federal action and could

have occurred in conjunction with the federal

action, then the credits can be used to reduce

the total direct and indirect emissions used to

determine the applicability of the regulation

as required in section (1) of this rule and as

offsets or mitigation measures required by

subsection (3)(E) of this rule.

B. If the technique used to create the

emission reduction is not implemented at the

same facility as the federal action or could

not have occurred in conjunction with the

federal action, then the credits cannot be used

to reduce the total direct and indirect emissions used to determine the applicability of

the regulation as required in section (1) of

this rule, but can be used to offset or mitigate

the emissions as required by subsection

(3)(E) of this rule.

C. Emissions reductions credits must

be used in the same year in which they are

generated. 

D. Once the emission reduction credits are used, they cannot be used as credits for

another conformity evaluation. However,

unused credits from a strategy used for one

(1) conformity evaluation can be used for

another conformity evaluation as long as the

reduction credits are not double counted. 

E. Federal agencies must notify the

state or tribal air quality agency responsible

for the implementation of the SIP or TIP and

EPA Regional Office when the emission

reduction credits are being used.

(4) Reporting and Record Keeping.

(A) A federal agency making a conformity

determination under section (4), subsections

(3)(B) through (3)(G), and subsections (3)(I)

through (3)(K) of this rule must provide to

the appropriate EPA regional office(s), state

and local air quality agencies, any federallyrecognized Indian tribal government in the

nonattainment or maintenance area, and,

where applicable, affected federal land managers, the agency designated under section

174 of the CAA and the MPO, a thirty (30)-

day notice which describes the proposed

action and the federal agency’s draft conformity determination on the action. If the

action has multi-regional or national impacts

(e.g., the action will cause emission increases in excess of the de minimis levels identified

in subsection (1)(B) of this rule in three (3) or

more of EPA’s regions), the federal agency, as

an alternative to sending it to EPA regional

offices, can provide the notice to EPA’s

Office of Air Quality Planning and Standards. 

(B) A federal agency must notify the

appropriate EPA regional office(s), state and

local air quality agencies, any federally-recognized Indian tribal government in the

nonattainment or maintenance area, and,

where applicable, affected federal land managers, the agency designated under section

174 of the CAA and the MPO, within thirty

(30) days after making a final conformity

determination under this rule.

(C) The draft and final conformity determination shall exclude any restricted information or confidential business information.

The disclosure of restricted information and

confidential business information shall be

controlled by the applicable laws, regulations,

security manuals, or executive orders concerning the use, access, and release of such

materials. Subject to applicable procedures to

protect restricted information from public

disclosure, any information or materials

excluded from the draft or final conformity

determination or supporting materials may be

made available in a restricted information

annex to the determination for review by federal and state representatives who have

received appropriate clearances to review the

information.

(5) Test Methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo 2000.*

Original rule filed Oct. 4, 1994, effective

May 28, 1995. Amended: Filed Jan. 30,

1996, effective Sept. 30, 1996. Amended:

Filed Feb. 9, 2007, effective Sept. 30, 2007.

Amended: Filed Jan. 5, 2011, effective Aug.

30, 2011.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995.

10 CSR 10-6.310 Restriction of Emissions

From Municipal Solid Waste Landfills

PURPOSE: This rule requires owners of

municipal solid waste landfills to report their

landfill’s design capacity and non-methane

organic compound (NMOC) emissions.

Landfills having design capacities of two and

one-half (2.5) million cubic meters or greater

and NMOC emission rates of fifty (50) megagrams or greater shall design, install and

operate a gas collection and control system.

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.

(A) This rule applies to each municipal

solid waste (MSW) landfill for which construction, reconstruction or modification was

commenced before May 30, 1991, and has

accepted waste at any time since November

8, 1987, or has additional design capacity

available for future waste deposition. Landfills for which construction, reconstruction or

modification was commenced on May 30,

1991, or after, are covered under the Environmental Protection Agency’s New Source

Performance Standard for Municipal Solid

Waste Landfills. 

(B) Physical or operational changes made

to an existing MSW landfill solely to comply

with this rule are not considered construction, reconstruction, or modification for the

purposes of this rule.

(C) MSW landfills covered by 10 CSR 10-

5.490 are exempt from this rule.

(D) For purposes of obtaining an operating

permit under Title V of the Clean Air Act, the

owner or operator of an MSW landfill subject

to this rule with a design capacity less than

two and one-half (2.5) million megagrams or

two and one-half (2.5) million cubic meters is

not subject to the requirements to obtain an

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 143

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
operating permit for the landfill under 40

Code of Federal Regulations (CFR) 70 or 71,

unless the landfill is otherwise subject to

either 40 CFR 70 or 71. For purposes of submitting a timely application for an operating

permit under 40 CFR 70 or 71, the owner or

operator of an MSW landfill subject to the

rule with a design capacity greater than or

equal to two and one-half (2.5) million megagrams and two and one-half (2.5) million

cubic meters on the effective date of EPA

approval of the state’s program under section

111(d) of the Clean Air Act (June 23, 1998),

and not otherwise subject to either 40 CFR

70 or 71, becomes subject to the requirements of 40 CFR 70.5(a)(1)(i) or

71.5(a)(1)(i) ninety (90) days after the effective date of such 111(d) program approval,

even if the design capacity report is submitted earlier.

(E) When an MSW landfill subject to this

rule is closed, the owner or operator is no

longer subject to the requirement to maintain

an operating permit under 40 CFR 70 or 71

for the landfill if the landfill is not otherwise

subject to the requirements of either 40 CFR

70 or 71 and if either of the following conditions is met:

1. The landfill was never subject to a

requirement for a control system under section (3) of this rule; or

2. The owner or operator meets the conditions for control system removal specified

in section 60.752(b)(2)(v) of 40 CFR 60,

Subpart WWW.

(2) Definitions. Definitions of certain terms

specified in this rule may be found in 10 CSR

10-6.020. 

(3) Standards for Air Emissions from Municipal Solid Waste Landfills. Provisions of 40

CFR 51, 40 CFR 52, 40 CFR 60, and 40

CFR 258 are incorporated by reference in

subsection (3)(C) of this rule. Also, the Compilation of Air Pollutant Emission Factors,

Volume I: Stationary Point and Area Sources,

AP-42, Fifth Edition, January 1995 (hereafter AP-42), as published by the Government Printing Office, 732 North Capitol

Street NW, Washington, DC 20401, shall

apply and is hereby incorporated by reference, including Supplement E dated November 1998. This rule does not incorporate any

subsequent amendments or additions.

(A) Each owner or operator of an MSW

landfill having a design capacity less than two

and one-half (2.5) million megagrams by

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

meters by volume shall submit an initial

design capacity report to the director as provided in subsection (8)(A) of this rule. The

landfill may calculate design capacity in

either megagrams or cubic meters for comparison with the exemption values. Any density conversions shall be documented and

submitted with the report. Submittal of the

initial design capacity report shall fulfill the

requirements of this rule except as provided

for in paragraphs (3)(A)1. and 2. of this rule.

1. The owner or operator shall submit to

the director an amended design capacity

report, as provided for in paragraph (8)(A)3.

of this rule. 

2. When an increase in the maximum

design capacity of a landfill exempted from

the provisions of subsection (3)(B) through

section (10) of this rule on the basis of the

design capacity exemption in subsection

(3)(A) of this rule results in a revised maximum design capacity equal to or greater than

two and one-half (2.5) million megagrams

and two and one-half (2.5) million cubic

meters, the owner or operator shall comply

with the provisions of subsection (3)(B) of

this rule.

(B) Each owner or operator of an MSW

landfill having a design capacity equal to or

greater than two and one-half (2.5) million

megagrams and two and one-half (2.5) million cubic meters shall either comply with

paragraph (3)(B)2. of this rule or calculate an

NMOC emission rate for the landfill using

the procedures specified in section (5) of this

rule. The NMOC emission rate shall be

recalculated annually, except as provided in

subparagraph (8)(B)1.B. of this rule. The

owner or operator of an MSW landfill subject

to this rule with a design capacity greater

than or equal to two and one-half (2.5) million megagrams and two and one-half (2.5)

million cubic meters is subject to 40 CFR 70

or 71 permitting requirements. 

1. If the calculated NMOC emission rate

is less than fifty (50) megagrams per year, the

owner or operator shall—

A. Submit an annual emission report

to the director, except as provided for in subparagraph (8)(B)1.B. of this rule; and 

B. Recalculate the NMOC emission

rate annually using the procedures specified

in paragraph (5)(A)1. of this rule until such

time as the calculated NMOC emission rate is

equal to or greater than fifty (50) megagrams

per year or the landfill is closed. 

(I) If the NMOC emission rate,

upon recalculation required in subparagraph

(3)(B)1.B. of this rule is equal to or greater

than fifty (50) megagrams per year, the

owner or operator shall install a collection

and control system in compliance with paragraph (3)(B)2. of this rule.

(II) If the landfill is permanently

closed, a closure notification shall be submitted to the director as provided for in subsection (8)(D) of this rule.

2. If the calculated NMOC emission rate

is equal to or greater than fifty (50) megagrams per year, the owner or operator shall—

A. Submit a collection and control

system design plan prepared by a professional engineer to the director within one (1)

year. Permit modification approval from the

Missouri Department of Natural Resources’

Solid Waste Management Program shall be

required prior to construction of any gas collection system.

(I) The collection and control system as described in the plan shall meet the

design requirements of subparagraph

(3)(B)2.B. of this rule.

(II) The collection and control system design plan shall include any alternatives

to the operational standards, test methods,

procedures, compliance measures, monitoring, record keeping, or reporting provisions

of sections (4) through (9) of this rule proposed by the owner or operator.

(III) The collection and control system design plan shall either conform with

specifications for active collection systems in

section (10) of this rule or include a demonstration to the director’s satisfaction of the

sufficiency of the alternative provisions to

section (10) of this rule.

(IV) The director shall review the

information submitted under parts

(3)(B)2.A.(I), (II), and (III) of this rule and

either approve it, disapprove it, or request

that additional information be submitted.

Because of the many site-specific factors

involved with landfill gas system design,

alternative systems may be necessary. A

wide variety of system designs are possible,

such as vertical wells, combination horizontal

and vertical collection systems, horizontal

trenches only, leachate collection components, and passive systems;

B. Install a collection and control system that captures the gas generated within the

landfill as required by part (3)(B)2.B.(I) or

(II) and subparagraph (3)(B)2.C. of this rule

within thirty (30) months after the first annual report in which the emission rate equals or

exceeds fifty (50) megagrams per year, unless

Tier 2 or Tier 3 sampling under section (5) of

this rule demonstrates that the emission rate

is less than fifty (50) megagrams per year, as

specified in paragraph (8)(C)1. or 2. of this

rule.

(I) An active collection system

shall—

(a) Be designed to handle the

maximum expected gas flow rate from the

entire area of the landfill that warrants control

over the intended use period of the gas control or treatment system equipment;

(b) Collect gas from each area,

cell, or group of cells in the landfill in which

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

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
the initial solid waste has been placed for a

period of—

I. Five (5) years or more if

active; or

II. Two (2) years or more if

closed or at final grade;

(c) Collect gas at a sufficient

extraction rate; and

(d) Be designed to minimize offsite migration of subsurface gas.

(II) A passive collection system

shall—

(a) Comply with the provisions

specified in subparts (3)(B)2.B.(I)(a), (b),

and (d) of this rule; and

(b) Be installed with liners on the

bottom and all sides in all areas in which gas

is to be collected. The liners shall be installed

as required under 40 CFR 258.40;

C. Route all the collected gas to one

(1) or more of the following control systems: 

(I) An open flare designed and

operated in accordance with 40 CFR 60.18

except as noted in subsection (5)(E) of this

rule; 

(II) A control system designed and

operated to reduce NMOC by ninety-eight

(98) weight-percent, or, when an enclosed

combustion device is used for control, to

either reduce NMOC by ninety-eight (98)

weight-percent or reduce the outlet NMOC

concentration to less than twenty parts per

million by volume (20 ppmv), dry basis as

hexane at three percent (3%) oxygen. The

reduction efficiency or parts per million by

volume shall be established by an initial performance test to be completed no later than

one hundred eighty (180) days after the initial

startup of the approved control system using

the test methods specified in subsection

(5)(D) of this rule.

(a) If a boiler or process heater

is used as the control device, the landfill gas

stream shall be introduced into the flame

zone.

(b) The control device shall be

operated within the parameter ranges established during the initial or most recent performance test. The operating parameters to

be monitored are specified in section (7) of

this rule; or

(III) A system that routes the collected gas to a treatment system that processes the collected gas for subsequent sale or

use. All emissions from any atmospheric

vent from the gas treatment system shall be

subject to the requirements of part

(3)(B)2.C.(I) or (II) of this rule;

D. Operate the collection and control

device installed to comply with this rule in

accordance with the provisions of sections

(4), (6), and (7) of this rule;

E. The collection and control system

may be capped or removed provided that all

the conditions of parts (3)(B)2.E.(I), (II), and

(III) of this rule are met—

(I) The landfill shall be no longer

accepting solid waste and be permanently

closed under the requirements of 40 CFR

258.60. A closure report shall be submitted

to the director as provided in subsection

(8)(D) of this rule; 

(II) The collection and control system shall have been in operation a minimum

of fifteen (15) years; and 

(III) Following the procedures

specified in subsection (5)(B) of this rule, the

calculated NMOC gas produced by the landfill shall be less than fifty (50) megagrams

per year on three (3) successive test dates.

The test dates shall be no less than ninety

(90) days apart, and no more than one hundred eighty (180) days apart; and

F. The planning, awarding of contracts, and installation of MSW landfill air

emission collection and control equipment

capable of meeting the emission standards in

subsection (3)(B) of this rule shall be accomplished within thirty (30) months after the

date the initial NMOC emission rate report

shows NMOC emissions equal or exceed fifty

(50) megagrams per year.

(C) The specific citations of 40 CFR 51,

40 CFR 52, 40 CFR 60, and 40 CFR 258 referenced in this rule and published July 1,

2011, shall apply and are 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. Certain

terms used in 40 CFR refer to federal officers

and agencies. The following terms applicable

to Missouri shall be substituted where appropriate for the delegable federal counterparts:

Director shall be substituted for Administrator, and Missouri Department of Natural

Resources shall be substituted for EPA, EPA

Regional Office, or Environmental Protection

Agency:

1. (b)(17) Federally enforceable;

2. (b)(37)(i) Repowering;

3. (b)(43) Prevention of Significant

Deterioration (PSD) program;

4. (b)(48) Baseline actual emissions;

5. (b)(49) Subject to regulation;

6. (b)(50) Regulated NSR pollutant;

7. (b)(51) Reviewing authority;

8. (g) Redesignation;

9. (l) Air quality models;

10. (p) Federal Land Manager;

11. (t) Disputed permits or redesignations; and

12. (v) Innovative control technology.

(4) Operational Standards for Collection and

Control Systems. Each owner or operator of

an MSW landfill gas collection and control

system used to comply with the provisions of

subparagraph (3)(B)2.B. of this rule shall—

(A) Operate the collection system such that

gas is collected from each area, cell, or group

of cells in the MSW landfill in which solid

waste has been in place for—

1. Five (5) years or more if active; or

2. Two (2) years or more if closed or at

final grade;

(B) Operate the collection system with negative pressure at each wellhead except under

the following conditions:

1. A fire or increased well temperature.

The owner or operator shall record instances

when positive pressure occurs in efforts to

avoid a fire. These records shall be submitted

with the annual reports as provided in paragraph (8)(F)1. of this rule;

2. Use of a geomembrane or synthetic

cover. The owner or operator shall develop

acceptable pressure limits in the design plan;

and

3. A decommissioned well. A well may

experience a static positive pressure after shut

down to accommodate for declining flows.

All design changes shall be approved by the

director and EPA;

(C) Operate each interior wellhead in the

collection system with a landfill gas temperature less than fifty-five degrees Celsius (55

°C) and with either a nitrogen level less than

twenty percent (20%) or an oxygen level less

than five percent (5%). The owner or operator may establish a higher operating temperature, nitrogen, or oxygen value at a particular

well. A higher operating value demonstration

shall show supporting data that the elevated

parameter does not cause fires or significantly inhibit anaerobic decomposition by killing

methanogens.

1. The nitrogen level shall be determined using Method 3C of 40 CFR 60,

Appendix A, unless an alternative test

method is established as allowed by subparagraph (3)(B)2.A. of this rule.

2. Unless an alternative test method is

established as allowed by subparagraph

(3)(B)2.A. of this rule, the oxygen shall be

determined by an oxygen meter using Method

3A or 3C of 40 CFR 60, Appendix A, except

that—

A. The span shall be set so that the

regulatory limit is between twenty and fifty

percent (20%–50%) of the span;

B. A data recorder is not required;

C. Only two (2) calibration gases are

required, a zero (0) and span, and ambient air

may be used as the span;

D. A calibration error check is not

required; and

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 145

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
E. The allowable sample bias, zero

(0) drift, and calibration drift are plus or

minus ten percent (±10%);

(D) Operate the collection system so that

the methane concentra tion is less than five

hundred (500) parts per million above back -

ground at the surface of the landfill. To determine if this level is exceeded, the owner or

operator shall conduct surface testing around

the perimeter of the collection area along a

pattern that traverses the landfill at thirty

(30)-meter intervals and where visual observations indicate elevated concentrations of

landfill gas, such as distressed vegetation and

cracks or seeps in the cover. The owner or

operator may establish an alternative traversing pattern that ensures equivalent coverage.

A surface monitoring design plan shall be

developed that includes a topographical map

with the monitoring route and the rationale

for any site-specific deviations from the thirty (30)-meter intervals. Areas with steep

slopes or other dangerous areas may be

excluded from the surface testing;

(E) Operate the system such that all collected gases are vented to a control system

designed and operated in compliance with

subparagraph (3)(B)2.C. of this rule. In the

event the collection or control system is inoperable, the gas mover system shall be shut

down and all valves in the collection and control system contributing to venting of the gas

to the atmosphere shall be closed within one

(1) hour;

(F) Operate the control or treatment system

at all times when the collected gas is routed

to the system; and

(G) If monitoring demonstrates that the

operational requirements in subsection (4)(B),

(C), or (D) of this rule are not met, corrective action shall be taken as specified in paragraph (3)(A)3. through 5. or subsec tion

(6)(C) of this rule. If corrective actions are

taken as specified in section (6) of this rule,

the monitored exceedance is not a violation of

the operational requirements in this section.

(5) Test Methods and Procedures.

(A) NMOC Emission Rate Calculation.

1. The landfill owner or operator shall

calculate the NMOC emission rate using

either the equation provided in subparagraph

(5)(A)1.A. of this rule or the equation provided in subparagraph (5)(A)1.B. of this rule.

Both equations may be used if the actual yearto-year solid waste acceptance rate is known,

as specified in subparagraph (5)(A)1.A. of

this rule, for part of the life of the landfill and

the actual year-to-year solid waste acceptance

rate is unknown, as specified in subparagraph

(5)(A)1.B., for part of the life of the landfill.

The values to be used in both equations are

0.05 per year for k, one hundred seventy

(170) cubic meters per megagram for Lo, and

four thousand (4,000) parts per million by

volume as hexane for the CNMOC. For landfills located in geographical areas with a thirty (30)-year annual average precipitation of

less than twenty-five inches (25"), as measured at the nearest representative official

meteorologic site, the k value to be used is

0.02 per year.

A. The following equation shall be

used if the actual year-to-year solid waste

acceptance rate is known. The mass of nondegradable solid waste may be subtracted

from the total mass of solid waste in a particular section of the landfill when calculating

the value for Mi if the documentation of the

nature and amount of such wastes is maintained.

n

MNMOC =∑ 2kLo Mi (e-kti) (CNMOC) (3.6 × 10-9)

i=1

where,

MNMOC = Total NMOC emission 

rate from the landfill,

megagrams per year

k = methane generation rate 

constant, year-1

Lo = methane generation 

potential, cubic meters 

per megagram solid

waste

Mi = mass of solid waste in the 

i

th section, megagrams

t

i = age of the ith section, 

years

CNMOC = concentration of NMOC, 

parts per million by

volume as hexane

3.6 × 10-9 = conversion factor

B. The following equation shall be used

if the actual year-to-year solid waste acceptance rate is unknown. The mass of nondegradable solid waste may be subtracted

from the average annual acceptance rate when

calculating a value for R, if the documentation provisions of paragraph (9)(D)2. of this

rule are followed.

MNMOC = 2 Lo R (e-kc − e-kt)

(CNMOC) (3.6 × 10-9)

where,

MNMOC = mass emission rate of

NMOC, megagrams per

year

Lo = methane generation potential, cubic meters per

megagram solid waste

R = average annual acceptance 

rate, megagrams per

year

k = methane generation rate

constant, year-1

t = age of landfill, years

CNMOC = concentration of NMOC, 

parts per million by

volume as hexane

c = time since closure, years.

For active landfill c = 0

and e-kc = 1

3.6 × 10-9= conversion factor

2. Tier 1. The owner or operator shall

compare the calculated NMOC mass emission rate to the standard of fifty (50) megagrams per year. 

A. If the NMOC emission rate calculated in paragraph (5)(A)1. of this rule is less

than fifty (50) megagrams per year, then the

landfill owner shall submit an emission rate

report as provided in paragraph (8)(B)1. of

this rule, and shall recalculate the NMOC

mass emission rate annually as required

under paragraph (3)(B)1. of this rule.

B. If the calculated NMOC emission

rate is equal to or greater than fifty (50)

megagrams per year, then the landfill owner

shall either comply with paragraph (3)(B)2.

of this rule, or determine a site-specific

NMOC concentration and recalculate the

NMOC emission rate using the procedures

provided in paragraph (5)(A)3. of this rule.

3. Tier 2. The landfill owner or operator

shall determine the NMOC concentration

using the following sampling procedure. The

landfill owner or operator shall install at least

two (2) sample probes per hectare of landfill

surface that has retained waste for at least two

(2) years. If the landfill is larger than twentyfive (25) hectares in area, only fifty (50) samples are required. The sample probes should

be located to avoid known areas of nondegradable solid waste. The owner or operator shall

collect and analyze one (1) sample of landfill

gas from each probe to determine the NMOC

concentration using Method 25 or 25C of 40

CFR 60, Appendix A. Method 18 of 40 CFR

60, Appendix A may be used to analyze the

samples collected by the Method 25 or 25C

sampling procedure. Taking composite samples from different probes into a single cylinder is allowed; however, equal sample volumes

must be taken from each probe. For each composite, the sampling rate, collection times,

beginning and ending cylinder vacuums, or

alternative volume measurements must be

recorded to verify that composite volumes are

equal. Composite sample volumes should not

be less than one (1) liter unless evidence can

be provided to substantiate the accuracy of

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

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
smaller volumes. Terminate compositing

before the cylinder approaches ambient pressure where measurement accuracy diminishes. If using Method 18, the minimum list of

compounds to be tested shall be those published in AP-42, minus carbon monoxide,

hydrogen sulfide, and mercury. As a minimum, the instrument must be calibrated for

each of the compounds on the list. Convert

the concentration of each Method 18 compound to CNMOC as hexane by multiplying by

the ratio of its carbon atoms divided by six

(6). If more than the required number of samples are taken, all samples shall be used in

the analysis. The landfill owner or operator

must divide the NMOC concentration from

Method 25 or 25C of 40 CFR 60, Appendix

A by six (6) to convert from CNMOC as carbon to CNMOC as hexane. If the landfill has

an active or passive gas removal system in

place, Method 25 or 25C samples may be

collected from these systems instead of surface probes provided the removal system can

be shown to provide sampling as representative as the two (2) sampling probe per hectare

requirement. For active collection systems,

samples may be collected from the common

header pipe before the gas moving or condensate removal equipment. For these systems, a minimum of three (3) samples must

be collected from the header pipe.

A. The landfill owner or operator

shall recalculate the NMOC mass emission

rate using the equations provided in subparagraph (5)(A)1.A. or B. of this rule and using

the average NMOC concentration from the

collected samples instead of the default value

in the equation provided in paragraph

(5)(A)1. of this rule.

B. If the resulting mass emission rate

calculated using the site-specific NMOC concentration is equal to or greater than fifty

(50) megagrams per year, then the landfill

owner or operator shall either comply with

paragraph (3)(B)2. of this rule, or determine

the site-specific methane generation rate constant and recalculate the NMOC emission

rate using the site-specific methane generation rate using the procedure specified in

paragraph (5)(A)4. of this rule.

C. If the resulting NMOC mass emission rate is less than fifty (50) megagrams per

year, the owner or operator shall submit a

periodic estimate of the emission rate report

as provided in paragraph (8)(B)1. of this rule

and retest the site-specific NMOC concentration every five (5) years using the methods

specified in this section. 

4. Tier 3. The site-specific methane generation rate constant shall be determined

using the procedures provided in Method 2E

of 40 CFR 60, Appendix A. The landfill

owner or operator shall estimate the NMOC

mass emission rate using equations in subparagraph (5)(A)1.A. or B. of this rule and

using a site-specific methane generation rate

constant k, and the site-specific NMOC concentration as determined in paragraph

(5)(A)3. of this rule instead of the default values provided in paragraph (5)(A)1. of this

rule. The landfill owner or operator shall

compare the resulting NMOC mass emission

rate to the standard of fifty (50) megagrams

per year. 

A. If the NMOC mass emission rate

as calculated using the site-specific methane

generation rate and concentration of NMOC

is equal to or greater than fifty (50) megagrams per year, the owner or operator shall

comply with paragraph (3)(B)2. of this rule.

B. If the NMOC mass emission rate is

less than fifty (50) megagrams per year, then

the owner or operator shall submit a periodic

emission rate report as provided in paragraph

(8)(B)1. of this rule and shall recalculate the

NMOC mass emission rate annually, as provided in paragraph (8)(B)1. of this rule using

the equations in paragraph (5)(A)1. of this

rule and using the site-specific methane generation rate constant and NMOC concentration obtained in paragraph (5)(A)3. of this

rule. The calculation of the methane generation rate constant is performed only once,

and the value obtained from this test shall be

used in all subsequent annual NMOC emission rate calculations. 

5. The owner or operator may use other

methods to determine the NMOC concentration or a site-specific k as an alternative to

the methods required in paragraphs (5)(A)3.

and 4. of this rule if the method has been

approved by the director and EPA.

(B) After the installation of a collection

and control system in compliance with section (6) of this rule, the owner or operator

shall calculate the NMOC emission rate for

purposes of determining when the system can

be removed as provided in subparagraph

(3)(B)2.E. of this rule, using the following

equation:

MNMOC = (1.89 × 10-3) (QLFG) (CNMOC)

where,

MNMOC = mass emission rate of 

NMOC, megagrams per

year

QLFG = flow rate of landfill gas,

cubic meters per minute

CNMOC = NMOC concentration, 

parts per million by

volume as hexane

1. The flow rate of landfill gas, QLFG,

shall be determined by measuring the total

landfill gas flow rate at the common header

pipe that leads to the control device using a

gas flow measuring device calibrated according to the provisions of section 4 of Method

2E of 40 CFR 60, Appendix A.

2. The average NMOC concentration,

CNMOC, shall be determined by collecting

and analyzing landfill gas sampled from the

common header pipe before the gas moving

or condensate removal equipment using the

procedures in Method 25C or Method 18 of

40 CFR 60, Appendix A. If using Method

18, the minimum list of compounds to be

tested shall be those published in AP-42. The

sample location on the common header pipe

shall be before any condensate removal or

other gas refining units. The landfill owner or

operator shall divide the NMOC concentration from Method 25C by six (6) to convert

from CNMOC as carbon to CNMOC as hexane. 

3. The owner or operator may use

another method to determine landfill gas flow

rate and NMOC concentration if the method

has been approved by the director and EPA as

provided in part (3)(B)2.A.(II) of this rule.

(C) When calculating emissions for prevention of significant deterioration (PSD)

purposes, the owner or operator of each

MSW landfill subject to the provisions of this

rule shall estimate the NMOC emission rate

for comparison to the PSD major source and

significance levels in 40 CFR 51.166 or

52.21 using AP-42 or other approved measurement procedures. 

(D) For the performance test required in

part (3)(B)2.C.(II) of this rule, Method 25,

25C, or Method 18 of 40 CFR 60, Appendix

A shall be used to determine compliance with

ninety-eight (98) weight-percent efficiency or

the twenty (20) ppmv outlet concentration

level, unless another method to demonstrate

compliance has been approved by the director

and EPA as provided by part (3)(B)2.A.(II) of

this rule. Method 3 or 3A of 40 CFR 60,

Appendix A shall be used to determine oxygen for correcting the NMOC concentration

as hexane to three percent (3%). In cases

where the outlet concentration is less than

fifty (50) ppm NMOC as carbon (eight (8)

ppm NMOC as hexane), Method 25A of 40

CFR 60, Appendix A should be used in place

of Method 25. If using Method 18, the minimum list of compounds to be tested shall be

those published in AP-42. The following

equation shall be used to calculate efficiency:

Control Efficiency = (NMOCin −

NMOCout)/(NMOCin)

where,

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 147

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
NMOCin = mass of NMOC entering

control device

NMOCout = mass of NMOC exiting

control device

(E) For the performance test required in

part (3)(B)2.C.(I), the net heating value of

the combusted landfill gas as determined in

40 CFR 60.18(f)(3) is calculated from the

concentration of methane in the landfill gas

as measured by Method 3C of 40 CFR 60,

Appendix A. A minimum of three (3) thirty

(30)-minute Method 3C samples are determined. The measurement of other organic

components, hydrogen, and carbon monoxide

is not applicable. Method 3C may be used to

determine the landfill gas molecular weight

for calculating the flare gas exit velocity

under 40 CFR 60.18(f)(4).

(6) Compliance Provisions.

(A) Except as provided in part

(3)(B)2.A.(II) of this rule, the specified

methods in paragraphs (6)(A)1. through

(6)(A)6. of this rule shall be used to determine whether the gas collection system is in

compliance with subparagraph (3)(B)2.B. of

this rule—

1. For the purposes of calculating the

maximum expected gas generation flow rate

from the landfill to determine compliance

with subpart (3)(B)2.B.(I)(a) of this rule, one

(1) of the following equations shall be used.

The k and Lo kinetic factors should be those

published in AP-42 or other site specific values demonstrated to be appropriate and

approved by the director and EPA. If k has

been determined as specified in paragraph

(5)(A)4. of this rule, the value of k determined from the test shall be used. A value of

no more than fifteen (15) years shall be used

for the intended use period of the gas mover

equipment. The active life of the landfill is

the age of the landfill plus the estimated number of years until closure. 

A. For sites with unknown year-toyear solid waste acceptance rate—

Qm = 2Lo R (e-kc − e-kt)

where,

Qm = maximum expected gas generation flow rate, cubic meters

per year

Lo = methane generation potential,

cubic meters per megagram

solid waste

R = average annual acceptance rate,

megagrams per year

k = methane generation rate constant, year-1

t = age of the landfill at equipment 

installation plus the time the 

owner or operator intends to 

use the gas mover equipment or 

active life of the landfill,

whichever is less. If the equipment is installed after closure,

t is the age of the landfill at

installation, years 

c = time since closure, years (for

an active landfill c = 0 and

e-kc = 1)

B. For sites with known year-to-year

solid waste acceptance rate—

n

Qm = ∑ 2 k Lo Mi (e-kti) 

i=1

where,

Qm = maximum expected gas generation flow rate, cubic meters 

per year

k = methane generation rate constant, year-1

Lo = methane generation potential, 

cubic meters per megagram

solid waste

Mi = mass of solid waste in the ith

section, megagrams

t

i = age of the ith section, years

C. If a collection and control system

has been installed, actual flow data may be

used to project the maximum expected gas

generation flow rate instead of, or in conjunction with, the equations in subparagraphs

(6)(A)1.A. and B. of this rule. If the landfill

is still accepting waste, the actual measured

flow data will not equal the maximum expected gas generation rate, so calculations using

the equations in subparagraphs (6)(A)1.A. or

B. of this rule or other methods shall be used

to predict the maximum expected gas generation rate over the intended period of use of

the gas control system equipment; 

2. For the purposes of determining sufficient density of gas collectors for compliance with subpart (3)(B)2.B.(I)(b) of this

rule, the owner or operator shall design a system of vertical wells, horizontal collectors, or

other collection devices, satisfactory to the

director, capable of controlling and extracting

gas from all portions of the landfill sufficient

to meet all operational and performance standards; 

3. For the purpose of demonstrating

whether the gas collection system flow rate is

sufficient to determine compliance with subpart (3)(B)2.B.(I)(c) of this rule, the owner or

operator shall measure gauge pressure in the

gas collection header at each individual well,

monthly. If a positive pressure exists, action

shall be initiated to correct the exceedance

within five (5) calendar days, except for the

three (3) conditions allowed under subsection

(4)(B) of this rule. If negative pressure cannot be achieved without excess air infiltration

within fifteen (15) calendar days of the first

measurement, the gas collection system shall

be expanded to correct the exceedance within

one hundred twenty (120) days of the initial

measurement of positive pressure. Any

attempted corrective measure shall not cause

exceedances of other operational or performance standards. An alternative timeline for

correcting the exceedance may be submitted

to the director for approval;

4. Owners or operators are not required

to expand the system as required in paragraph

(6)(A)3. of this rule during the first one hundred eighty (180) days after gas collection

system start-up; 

5. For the purpose of identifying

whether excess air infiltration into the landfill

is occurring, the owner or operator shall

monitor each well monthly for temperature

and nitrogen or oxygen as provided in subsection (4)(C) of this rule. If a well exceeds

one (1) of these operating parameters, action

shall be initiated to correct the exceedance

within five (5) calendar days. If correction of

the exceedance cannot be achieved within fifteen (15) calendar days of the first measurement, the gas collection system shall be

expanded to correct the exceedance within

one hundred twenty (120) days of the initial

exceedance. Any attempted corrective measure shall not cause exceedances of other

operational or performance standards. An

alternative timeline for correcting the

exceedance may be submitted to the director

for approval; and

6. An owner or operator seeking to

demonstrate compliance with subpart

(3)(B)2.B.(I)(d) of this rule through the use of

a collection system not conforming to the

specifications provided in section (10) of this

rule shall provide information satisfactory to

the director and EPA as specified in part

(3)(B)2.A.(III) of this rule demonstrating that

off-site migration is being controlled.

(B) For purposes of compliance with subsection (4)(A) of this rule, each owner or

operator of a controlled landfill shall place

each well or design component as specified in

the approved design plan as provided in subparagraph (3)(B)2.A. of this rule. Each well

shall be installed no later than sixty (60) days

of the date in which the initial solid waste has

been in place for a period of—

1. Five (5) years or more if active; or

2. Two (2) years or more if closed or at

final grade.

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

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
(C) The following procedures shall be used

for compliance with the surface methane

operational standard as provided in subsection (4)(D) of this rule:

1. After installation of the collection

system, the owner or operator shall monitor

surface concentrations of methane along the

entire perimeter of the collection area and

along a pattern that traverses the landfill at

thirty (30)-meter intervals (or a site-specific

established spacing) for each collection area

on a quarterly basis using an organic vapor

analyzer, flame ionization detector, or other

portable monitor meeting the specifications

provided in subsection (6)(D) of this rule;

2. The background concentration shall

be determined by moving the probe inlet

upwind and downwind outside the boundary

of the landfill at a distance of at least thirty

(30) meters from the perimeter wells;

3. Surface emission monitoring shall be

performed in accordance with section 4.3.1

of Method 21 of 40 CFR 60, Appendix A,

except that the probe inlet shall be placed

within five to ten centimeters (5–10 cm) of

the ground. Monitoring shall be performed

during typical meteorological conditions;

4. Any reading of five hundred (500)

parts per million (ppm) or more above background at any location shall be recorded as a

monitored exceedance and the actions specified in subparagraphs (6)(C)4.A. through E.

of this rule shall be taken. As long as the

specified actions are taken, the exceedance is

not a violation of the operational requirements of subsection (4)(D) of this rule.

A. The location of each monitored

exceedance shall be marked and the location

recorded.

B. Cover maintenance or adjustments

to the vacuum of the adjacent wells to

increase the gas collection in the vicinity of

each exceedance shall be made, and the location shall be remonitored within ten (10) calendar days of detecting the exceedance.

C. If the remonitoring of the location

shows a second exceedance, additional corrective action shall be taken, and the location

shall be monitored again within ten (10) days

of the second exceedance. If the remonitoring shows a third exceedance for the same

location, the action specified in subparagraph

(6)(C)4.E. of this rule shall be taken, and no

further monitoring of that location is required

until the action specified in subparagraph

(6)(C)4.E. of this rule has been taken. 

D. Any location that initially showed

an exceedance but has a methane concentration less than five hundred (500) ppm

methane above background at the ten (10)-

day remonitoring specified in subparagraph

(6)(C)4.B. or C. of this rule shall be remonitored one (1) month from the initial

exceedance. If the one (1)-month remonitoring shows a concentration less than five hundred (500) ppm above background, no further

monitoring of that location is required until

the next quarterly monitoring period. If the

one (1)-month remonitoring shows an

exceedance, the actions specified in subparagraph (6)(C)4.C. or E. of this rule shall be

taken.

E. For any location where monitored

methane concentration equals or exceeds five

hundred (500) ppm above background three

(3) times within a quarterly period, a new

well or other collection device shall be

installed within one hundred twenty (120)

calendar days of the initial exceedance. An

alternative remedy to the exceedance, such as

upgrading the blower, header pipes, or control device, and a corresponding timeline for

installation may be submitted to the director

for approval; and

5. The owner or operator shall implement a program to monitor for cover integrity and implement cover repairs as necessary

on a monthly basis. 

(D) Each owner or operator seeking to

comply with the provisions in subsection

(6)(C) of this rule shall comply with the following instrumentation specifications and

procedures for surface emission monitoring

devices: 

1. The portable analyzer shall meet the

instrument specifications provided in section

3 of Method 21 of 40 CFR 60, Appendix A,

except that “methane” shall replace all references to VOC;

2. The calibration gas shall be methane,

diluted to a nominal concentration of five

hundred (500) ppm in air;

3. To meet the performance evaluation

requirements in section 3.1.3 of Method 21

of 40 CFR 60, Appendix A, the instrument

evaluation procedures of section 4.4 of

Method 21 shall be used; and

4. The calibration procedures provided

in section 4.2 of Method 21 of 40 CFR 60,

Appendix A shall be followed immediately

before commencing a surface monitoring survey. 

(E) The provisions of this rule apply at all

times, except during periods of start-up, shutdown, or malfunction, provided that the duration of start-up, shutdown, or malfunction

shall not exceed five (5) days for collection

systems and shall not exceed one (1) hour for

treatment or control devices.

(7) Monitoring of Operations. Except as provided in part (3)(B)2.A.(II) of this rule—

(A) Each owner or operator seeking to

comply with part (3)(B)2.B.(I) of this rule for

an active gas collection system shall install a

sampling port and a thermometer or other

temperature measuring device, or an access

port for temperature measurements at each

wellhead and—

1. Measure the gauge pressure in the gas

collection header on a monthly basis as provided in paragraph (6)(A)3. of this rule; 

2. Monitor nitrogen or oxygen concentration in the landfill gas on a monthly basis

as provided in paragraph (6)(A)5. of this

rule; and

3. Monitor temperature of the landfill

gas on a monthly basis as provided in paragraph (6)(A)5. of this rule;

(B) Each owner or operator seeking to

comply with subparagraph (3)(B)2.C. of this

rule using an enclosed combustor shall calibrate, maintain, and operate according to the

manufacturer’s specifications, the following

equipment:

1. A temperature monitoring device

equipped with a continuous recorder and having a minimum accuracy of plus or minus one

percent (±1%) of the temperature being

measured expressed in degrees Celsius or

plus or minus one-half degree Celsius (±0.5

°C), whichever is greater. A temperature

monitoring device is not required for boilers

or process heaters with design heat input

capacity equal to or greater than forty-four

(44) megawatts; and

2. A device that records flow to or

bypass of the control device. The owner or

operator shall either—

A. Install, calibrate, and maintain a

gas flow rate measuring device that shall

record the flow to the control device at least

every fifteen (15) minutes; or

B. Secure the bypass line valve in the

closed position with a car-seal or a lock-andkey type configuration. A visual inspection of

the seal or closure mechanism shall be performed at least once every month to ensure

that the valve is maintained in the closed

position and that the gas flow is not diverted

through the bypass line;

(C) Each owner or operator seeking to

comply with subpara graph (3)(B)2.C. of this

rule using an open flare shall install, calibrate, maintain, and operate according to the

manufacturer’s specifica tions the following

equipment: 

1. A heat sensing device, such as an

ultraviolet beam sensor or thermocouple, at

the pilot light or the flame itself to indicate

the continuous presence of a flame; and

2. A device that records flow to or

bypass of the flare. The owner or operator

shall either—

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 149

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
A. Install, calibrate, and maintain a

gas flow rate measuring device that shall

record the flow to the control device at least

every fifteen (15) minutes; or

B. Secure the bypass line valve in the

closed position with a car-seal or a lock-andkey type configuration. A visual inspec tion

of the seal or closure mechanism shall be performed at least once every month to ensure

that the valve is maintained in the closed

position and that the gas flow is not diverted

through the bypass line;

(D) Each owner or operator seeking to

demonstrate compliance with subparagraph

(3)(B)2.C. of this rule using a device other

than an open flare or an enclosed combustor

shall provide information satisfactory to the

director as provided in part (3)(B)2.A.(II) of

this rule describing the operation of the control device, the operating parameters that

would indicate proper performance, and

appropriate monitoring procedures. The

director shall review the information and

either approve it or request that additional

information be submitted. The director may

specify additional appropriate monitoring

procedures;

(E) Each owner or operator seeking to

install a collection system that does not meet

the specifications in section (10) of this rule

or seeking to monitor alternative parameters

to those required by sections (4) through (7)

of this rule shall provide information satisfactory to the director as provided in parts

(3)(B)2.A.(II) and (III) of this rule describing the design and operation of the collection

system, the operating parameters that would

indicate proper performance, and appropriate

monitoring procedures. The director may

specify additional appropriate monitoring

procedures; or

(F) Each owner or operator seeking to

demonstrate compliance with subsection

(6)(C) of this rule, shall monitor surface concentrations of methane according to the

instrument specifications and procedures provided in subsection (6)(D) of this rule. Any

closed landfill that has no monitored

exceedances of the operational standard in

three (3) consec utive quarterly monitoring

periods may skip to annual monitoring. Any

methane reading of five hundred (500) ppm

or more above background detected during

the annual monitoring returns the frequency

for that landfill to quarterly monitoring. 

(8) Reporting Requirements. Except as provided in part (3)(B)2.A.(II) of this rule—

(A) Each owner or operator subject to the

requirements of this rule shall submit an initial design capacity report to the director.

1. The initial design capacity report

shall be submitted within ninety (90) days of

the rule effective date.

2. The initial design capacity report

shall contain the following information: 

A. A map or plot of the landfill, providing the size and location of the landfill,

and identifying all areas where solid waste

may be landfilled according to the provisions

of the state or local construction or operating

permit; and

B. The maximum design capacity of

the landfill. Where the maximum design

capacity is specified in the state or local construction permit, a copy of the permit specifying the maximum design capacity may be

submitted as part of the report. If the maximum design capacity of the landfill is not

specified in the permit, the maximum design

capacity shall be calculated using good engineering practices. The calculations shall be

provided, along with the relevant parameters

as part of the report. The state, local agency,

or director may request other reasonable

information as may be necessary to verify the

maximum design capacity of the landfill. 

3. An amended design capacity report

shall be submitted to the director providing

notification of any increase in the design

capacity of the landfill, whether the increase

results from an increase in the permitted area

or depth of the landfill, a change in the operating procedures, or any other means which

results in an increase in the maximum design

capacity of the landfill above two and onehalf (2.5) million megagrams and two and

one-half (2.5) million cubic meters. The

amended design capacity report shall be submitted within ninety (90) days of the issuance

of an amended construction or operating permit, or the placement of waste in additional

land, or the change in operating procedures

which will result in an increase in maximum

design capacity, whichever occurs first;

(B) Each owner or operator subject to the

requirements of this rule shall submit an

NMOC emission rate report to the director

initially and annually thereafter, except as

provided for in subparagraph (8)(B)1.B. or

paragraph (8)(B)3. of this rule. The director

may request such additional information as

may be necessary to verify the reported

NMOC emission rate.

1. The NMOC emission rate report shall

contain an annual or five (5)-year estimate of

the NMOC emission rate calculated using the

formula and procedures provided in subsection (5)(A) or (B) of this rule, as applicable.

A. The initial NMOC emission rate

report shall be submitted within ninety (90)

days of the rule effective date and may be

combined with the initial design capacity

report required in subsection (8)(A) of this

rule. Subsequent NMOC emission rate

reports shall be submitted annually thereafter,

except as provided for in subparagraph

(8)(B)1.B. and paragraph (8)(B)3. of this

rule.

B. If the estimated NMOC emission

rate as reported in the annual report to the

director is less than fifty (50) megagrams per

year in each of the next five (5) consecutive

years, the owner or operator may elect to submit an estimate of the NMOC emission rate

for the next five (5)-year period in lieu of the

annual report. This estimate shall include the

current amount of solid waste-in-place and

the estimated waste acceptance rate for each

year of the five (5) years for which an NMOC

emission rate is estimated. All data and calculations upon which this estimate is based

shall be provided to the director. This estimate shall be revised at least once every five

(5) years. If the actual waste acceptance rate

exceeds the estimated waste acceptance rate

in any year reported in the five (5)-year estimate, a revised five (5)-year estimate shall be

submitted to the director. The revised estimate shall cover the five (5)-year period

beginning with the year in which the actual

waste acceptance rate exceeded the estimated

waste acceptance rate. 

2. The NMOC emission rate report shall

include all the data, calculations, sample

reports, and measurements used to estimate

the annual or five (5)-year emissions. 

3. Each owner or operator subject to the

requirements of this rule is exempted from

the requirements of paragraphs (8)(B)1. and

2. of this rule after the installation of a collection and control system in compliance with

paragraph (3)(B)2. of this rule, during such

time as the collection and control system is in

operation and in compliance with sections (4)

and (6) of this rule;

(C) Each owner or operator subject to the

provisions of subparagraph (3)(B)2.A. of this

rule shall submit a collection and control system design plan to the director within one (1)

year of the first report, required under subsection (8)(B) of this rule, in which the emission rate equals or exceeds fifty (50) megagrams per year, except as follows: 

1. If the owner or operator elects to

recalculate the NMOC emission rate after Tier

2 NMOC sampling and analysis as provided in

paragraph (5)(A)3. of this rule and the resulting rate is less than fifty (50) megagrams per

year, annual periodic reporting shall be

resumed, using the Tier 2 determined site-specific NMOC concentration, until the calculated emission rate is equal to or greater than

fifty (50) megagrams per year or the landfill is

closed. The revised NMOC emission rate

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

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
report, with the recalculated emission rate

based on NMOC sampling and analysis, shall

be submitted within one hundred eighty (180)

days of the first calculated exceedance of fifty

(50) megagrams per year; and

2. If the owner or operator elects to

recalculate the NMOC emission rate after

determining a site-specific methane generation rate constant k, as provided in Tier 3 in

paragraph (5)(A)4. of this rule, and the

resulting NMOC emission rate is less than

fifty (50) Mg/yr, annual periodic reporting

shall be resumed. The resulting site-specific

methane generation rate constant k shall be

used in the emission rate calculation until

such time as the emissions rate calculation

results in an exceedance. The revised NMOC

emission rate report based on the provisions

of paragraph (5)(A)4. of this rule and the

resulting site-specific methane generation

rate constant k shall be submitted to the

director within one (1) year of the first calculated emission rate exceeding fifty (50) megagrams per year;

(D) Each owner or operator of a controlled

landfill shall submit a closure report to the

director within thirty (30) days of waste

acceptance cessation. The director may

request additional information as may be necessary to verify that permanent closure has

taken place in accordance with the requirements of 40 CFR 258.60. If a closure report

has been submitted to the director, no additional wastes may be placed into the landfill

without filing a notification of modification

as described under 40 CFR 60.7(a)(4);

(E) Each owner or operator of a controlled

landfill shall submit an equipment removal

report to the director thirty (30) days prior to

removal or cessation of operation of the control equipment. 

1. The equipment removal report shall

contain all of the following items: 

A. A copy of the closure report submitted in accordance with subsection (8)(D)

of this rule; 

B. A copy of the initial performance

test report demonstrat ing that the fifteen (15)-

year minimum control period has expired;

and 

C. Dated copies of three (3) successive NMOC emission rate reports demonstrating that the landfill is no longer producing fifty (50) megagrams or greater of

NMOC per year. 

2. The director may request such additional information as may be necessary to

verify that all of the conditions for removal in

subparagraph (3)(B)2.E. of this rule have

been met;

(F) Each owner or operator of a landfill

seeking to comply with paragraph (3)(B)2. of

this rule using an active collection system

designed in accordance with subparagraph

(3)(B)2.B. of this rule shall submit to the

director annual reports of the recorded information in paragraphs (8)(F)1. through 6. of

this rule. The initial annual report shall be

submitted within one hundred eighty (180)

days of installation and start-up of the collection and control system and shall include the

initial performance test report required under

40 CFR 60.8. For enclosed combustion

devices and flares, reportable exceedances

are defined under subsection (9)(C) of this

rule.

1. Value and length of time for

exceedance of applicable parameters monitored under subsections (7)(A), (B), (C), and

(D) of this rule.

2. Description and duration of all periods when the gas stream is diverted from the

control device through a bypass line or the

indication of bypass flow as specified under

section (7) of this rule.

3. Description and duration of all periods when the control device was not operating for a period exceeding one (1) hour and

length of time the control device was not

operating. 

4. All periods when the collection system was not operating in excess of five (5)

days. 

5. The location of each exceedance of

the five hundred (500) ppm methane concentration as provided in subsection (4)(D) of

this rule and the concentration recorded at

each location for which an exceedance was

recorded in the previous month. 

6. The date of installation and the location of each well or collection system expansion added pursuant to paragraph (6)(A)3.,

subsection (6)(B), and paragraph (6)(C)4. of

this rule; and

(G) Each owner or operator seeking to

comply with subparagraph (3)(B)2.A. of this

rule shall include the following information

with the initial performance test report

required under 40 CFR 60.8:

1. A diagram of the collection system

showing collection system positioning including all wells, horizontal collectors, surface

collectors, or other gas extraction devices,

including the locations of any areas excluded

from collection and the proposed sites for the

future collection system expansion;

2. The data upon which the sufficient

density of wells, horizontal collectors, surface collectors, or other gas extraction

devices and the gas mover equipment sizing

are based;

3. The documentation of the presence of

asbestos or nondegradable material for each

area from which collection wells have been

excluded based on the presence of asbestos or

nondegradable material;

4. The sum of the gas generation flow

rates for all areas from which collection wells

have been excluded based on nonproductivity

and the calculations of gas generation flow

rate for each excluded area; 

5. The provisions for increasing gas

mover equipment capacity with increased gas

generation flow rate, if the present gas mover

equipment is inadequate to move the maximum flow rate expected over the life of the

landfill; and

6. The provisions for the control of offsite migration. 

(9) Record Keeping Requirements. Except as

provided in part (3)(B)2.A.(II) of this rule—

(A) Each owner or operator of an MSW

landfill subject to the provisions of subsection

(3)(B) of this rule shall keep for at least five

(5) years up-to-date, readily accessible, onsite records of the design capacity report

which triggered subsection (3)(B) of this rule,

the current amount of solid waste in-place,

and the year-by-year waste acceptance rate.

Records may be maintained off-site if they

are retrievable within four (4) hours. A longer

period is acceptable if records are needed for

an unresolved enforcement action. Either

paper copy or electronic formats are acceptable;

(B) Each owner or operator of a controlled

landfill shall keep up-to-date, readily accessible records for the life of the control equipment of the data listed in paragraphs (9)(B)1.

through 4. of this rule as measured during the

initial performance test or compliance determination. Records of subsequent tests or

monitoring shall be maintained for a minimum of five (5) years. Records of the control

device vendor specifications shall be maintained until removal. 

1. Where an owner or operator subject

to the provisions of this rule seeks to demonstrate compliance with subparagraph

(3)(B)2.B. of this rule—

A. The maximum expected gas generation flow rate as calculated in paragraph

(6)(A)1. of this rule. The owner or operator

may use another method to determine the

maximum gas generation flow rate, if the

method has been approved by the director and

EPA; and

B. The density of wells, horizontal

collectors, surface collectors, or other gas

extraction devices determined using the procedures specified in paragraph (10)(A)1. of

this rule.

2. Where an owner or operator subject

to the provisions of this rule seeks to demonstrate compliance with subparagraph

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 151

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)(B)2.C. of this rule through use of an

enclosed combustion device other than a boiler or process heater with a design heat input

capacity equal to or greater than forty-four

(44) megawatts— 

A. The average combustion temperature measured at least every fifteen (15) minutes and averaged over the same time period

of the performance test; and

B. The percent reduction of NMOC

determined as specified in part (3)(B)2.C.(II)

of this rule achieved by the control device. 

3. Where an owner or operator subject

to the provisions of this rule seeks to demonstrate compliance with subpart

(3)(B)2.C.(II)(a) of this rule through use of a

boiler or process heater of any size—a

description of the location at which the collected gas vent stream is introduced into the

boiler or process heater over the same time

period of the performance testing. 

4. Where an owner or operator subject

to the provisions of this rule seeks to demonstrate compliance with part (3)(B)2.C.(I) of

this rule through use of an open flare, the

flare type (that is, steam-assisted, air-assisted, or nonassisted), all visible emission readings, heat content determination, flow rate or

bypass flow rate measurements, and exit

velocity determinations made during the performance test as specified in 40 CFR 60.18;

continuous records of the flare pilot flame or

flare flame monitoring and records of all

periods of operations during which the pilot

flame of the flare flame is absent;

(C) Each owner or operator of a controlled

landfill subject to the provisions of this rule

shall keep for five (5) years up-to-date, readily accessible continuous records of the

equipment operating parameters specified to

be monitored in section (7) of this rule as

well as up-to-date, readily accessible records

for periods of operation during which the

parameter boundaries established during the

most recent performance test are exceeded.

1. The following constitute exceedances

that shall be recorded and reported under

subsection (8)(F) of this rule:

A. For enclosed combustors except

for boilers and process heaters with design

heat input capacity of forty-four (44)

megawatts (150 million British thermal units

per hour) or greater, all three (3)-hour periods of operation during which the average

combustion temperature was more than twenty-eight degrees Celsius (28 °C) below the

average combustion temperature during the

most recent performance test at which compliance with subparagraph (3)(B)2.C. of this

rule was determined; and

B. For boilers or process heaters,

whenever there is a change in the location at

which the vent stream is introduced into the

flame zone as required under subparagraph

(9)(B)3.A. of this rule.

2. Each owner or operator subject to the

provisions of this rule shall keep up-to-date,

readily accessible continuous records of the

indication of flow to the control device or the

indication of bypass flow or records of

monthly inspections of car-seals or lock-andkey configurations used to seal bypass lines,

specified under section (7) of this rule. 

3. Each owner or operator subject to the

provisions of this rule who uses a boiler or

process heater with a design heat input capacity of forty-four (44) megawatts or greater to

comply with subparagraph (3)(B)2.C. of this

rule shall keep an up-to-date, readily accessi -

ble record of all periods of operation of the

boiler or process heater. (Examples of such

records could include records of steam use,

fuel use, or monitoring data collected pursuant to other state or local regulatory

requirements.)

4. Each owner or operator seeking to

comply with the provi sions of this rule by use

of an open flare shall keep up-to-date, readily accessible continuous records of the flame

or flare pilot flame monitoring specified

under subsection (7)(C) of this rule, and upto-date, readily accessible records of all periods of operation in which the flame or flare

pilot flame is absent;

(D) Each owner or operator subject to the

provisions of this rule shall keep for the life

of the collection system an up-to-date, readily accessible plot map showing each existing

and planned collector in the system and providing a unique identification location label

for each collector. 

1. Each owner or operator subject to the

provisions of this rule shall keep up-to-date,

readily accessible records of the installa tion

date and location of all newly installed collectors as specified under subsection (6)(B) of

this rule.

2. Each owner or operator subject to the

provisions of this rule shall keep readily

accessible documentation of the nature, date

of deposition, amount, and location of

asbestos-containing or nondegradable waste

excluded from collection as provided in subparagraph (10)(A)3.A. of this rule as well as

any nonproductive areas excluded from collection as provided in subparagraph

(10)(A)3.B. of this rule;

(E) Each owner or operator subject to the

provisions of this rule shall keep for at least

five (5) years up-to-date, readily accessible

records of all collection and control system

exceedances of the operational standards in

section (4) of this rule, the reading in the subsequent month whether or not the second

reading is an exceedance, and the location of

each exceedance; and

(F) Landfill owners or operators who convert design capacity from volume to mass or

mass to volume to demonstrate that landfill

design capacity is less than two and one-half

(2.5) million megagrams or two and one-half

(2.5) million cubic meters, as provided in the

definition of design capacity, shall keep readily accessible, on-site records of the annual

recalculation of site-specific density, design

capacity, and the supporting documentation.

Off-site records may be maintained if they are

retrievable within four (4) hours of request.

Either paper copy or electronic formats are

acceptable.

(10) Specifications for Active Collection Systems.

(A) Each owner or operator seeking to

comply with subparagraph (3)(B)2.A. of this

rule shall site active collection wells, horizontal collectors, surface collectors, or other

extraction devices at a sufficient density

throughout all gas producing areas using the

following procedures unless alternative procedures have been approved by the director

and EPA as provided in parts (3)(B)2.A.(III)

and (IV) of this rule:

1. The collection devices within the interior and along the perimeter areas shall be certified to achieve comprehensive control of surface gas emissions by a professional engineer.

The following issues shall be addressed in the

design: depths of refuse, refuse gas generation

rates and flow characteristics, cover properties, gas system expandability, leachate and

condensate management, accessibility, compatibility with filling operations, integration

with closure end use, air intrusion control,

corrosion resistance, fill settlement, and resistance to the refuse decomposition heat;

2. The sufficient density of gas collection devices determined in paragraph

(10)(A)1. of this rule shall address landfill

gas migration issues and augmentation of the

collection system through the use of active or

passive systems at the landfill perimeter or

exterior; and

3. The placement of gas collection

devices determined in paragraph (10)(A)1. of

this rule shall control all gas producing areas,

except as provided by subparagraphs

(10)(A)3.A. and B. of this rule.

A. Any segregated area of asbestos or

nondegradable material may be excluded from

collection if documentation is provided as

specified under subsection (9)(D) of this rule.

The documentation shall provide the nature,

date of deposition, location and amount of

asbestos or nondegradable material deposited

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

Secretary of State

10 CSR 10-6—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
in the area, and shall be provided to the director upon request.

B. Any nonproductive area of the

landfill may be excluded from control, provided that the total of all excluded areas can

be shown to contribute less than one percent

(1%) of the total amount of NMOC emissions

from the landfill. The amount, location, and

age of the material shall be documented and

provided to the director upon request. A separate NMOC emissions estimate shall be

made for each section proposed for exclusion, and the sum of all such sections shall be

compared to the NMOC emissions estimate

for the entire landfill. Emissions from each

section shall be computed using the following

equation:

Qi = 2 k Lo Mi (e-kti) (CNMOC)

(3.6 × 10-9)

where,

Qi = NMOC emission rate

from the ith section,

megagrams per year

k = methane generation rate

constant, year-1

Lo = methane generation potential, cubic meters per

megagram solid waste

Mi = mass of the degradable 

solid waste in the ith

section, megagram

t

i = age of the solid waste in 

the ith section, years

CNMOC = concentration of nonmethane organic compounds, parts per million

by volume

3.6 × 10-9= conversion factor

C. The values for k and CNMOC determined in field testing shall be used, if field

testing has been performed in determining the

NMOC emission rate or the radii of influence

(the distance from the well center to a point

in the landfill where the pressure gradient

applied by the blower or compressor

approaches zero). If field testing has not been

performed, the default values for k, Lo, and

CNMOC provided in paragraph (5)(A)1. of this

rule or the alternative values from (5)(A)5. of

this rule shall be used. The mass of nondegradable solid waste contained within the

given section may be subtracted from the

total mass of the section when estimating

emissions provided the nature, location, age,

and amount of the nondegradable material is

documented as provided in subparagraph

(10)(A)3.A. of this rule.

(B) Each owner or operator seeking to

comply with part (3)(B)2.A.(I) of this rule

shall construct the gas collection devices

using the following equipment or procedures:

1. The landfill gas extraction components shall be constructed of polyvinyl chloride (PVC), high density polyethylene

(HDPE) pipe, fiberglass, stainless steel, or

other nonporous corrosion resistant material

of suitable dimensions to—convey projected

amounts of gases; withstand installation, static, and settlement forces; and withstand

planned overburden or traffic loads. The collection system shall extend as necessary to

comply with emis sion and migration standards established in this rule. Collection

devices such as wells and horizontal collectors shall be perforated to allow gas entry

without head loss sufficient to impair perfor -

mance across the intended extent of control.

Perforations shall be situated with regard to

the need to prevent excessive air infiltration;

2. Vertical wells shall be placed so as

not to endanger under lying liners and shall

address the occurrence of water within the

landfill. Holes and trenches constructed for

piped wells and horizontal collectors shall be

of sufficient cross-section so as to allow for

their proper construction and completion

including, for example, centering of pipes

and placement of gravel backfill. Collection

devices shall be designed so as not to allow

indirect short circuiting of air into the cover

or refuse into the collection system or gas

into the air. Any gravel used around pipe

perfora tions should be of a dimension so as

not to penetrate or block perforations; and

3. Collection devices may be connected

to the collection header pipes below or above

the landfill surface. The connector assembly

shall include a positive closing throttle valve,

any neces sary seals and couplings, access

couplings and at least one (1) sam pling port.

The collection devices shall be constructed of

PVC, HDPE, fiberglass, stainless steel, or

other nonporous material of suitable thickness.

(C) Each owner or operator seeking to

comply with part (3)(B)2.A.(I) of this rule

shall convey the landfill gas to a control system in compliance with subparagraph

(3)(B)2.C. of this rule through the collection

header pipe(s). The gas mover equipment

shall be sized to handle the maximum gas

generation flow rate expected over the intended use period of the gas moving equipment

using the following procedures:

1. For existing collection systems, the

flow data shall be used to project the maximum flow rate. If no flow data exists, the

procedures in paragraph (10)(C)2. of this rule

shall be used; and

2. For new collection systems, the maximum flow rate shall be in accordance with

paragraph (6)(A)1. of this rule.

AUTHORITY: section 643.050, RSMo Supp.

2011.* Original rule filed Jan. 14, 1997,

effective Sept. 30, 1997. Amended: Filed Oct.

7, 1999, effective July 30, 2000. Amended:

Filed Sept. 26, 2011, effective May 30, 2012.

*Original authority: 643.050, RSMo 1965, amended 1972,

1992, 1993, 1995, 2011.

10 CSR 10-6.320 Sales Tax Exemption

(Rescinded September 30, 2009)

AUTHORITY: section 643.050, RSMo 2000.

Original rule filed Dec. 13, 1996, effective

July 30, 1997. Amended: Filed May 24,

2002, effective March 30, 2003. Rescinded:

Filed Dec. 17, 2008, effective Sept. 30, 2009.

10 CSR 10-6.330 Restriction of Emissions

From Batch-Type Charcoal Kilns

PURPOSE: This regulation establishes emission limits for batch-type charcoal kilns

based on operational parameters that reflect

the Best Available Control Technology

(BACT) for this industry as of August 20,

1997.

(1) Applicability.

(A) This regulation applies to all batchtype charcoal kilns throughout the entire state

of Missouri.

(B) In the event that other rules in the Code

of State Regulations are also applicable to

batch-type charcoal kilns, the more stringent

rule requirement shall apply. 

(2) Definitions.

(A) “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.

(B) “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 cool

down time.

(C) “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.

ROBIN CARNAHAN (4/30/12) CODE OF STATE REGULATIONS 153

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
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 10-6.310 (amendment) Restriction of Emissions from Municipal Solid 

Waste Landfills is hereby AMENDED by the Missouri Air Conservation 

Commission this 2nd day of February, 2012. 

&ili2@~ , Chairman 

2(bbf(~ , Vice Chairman 

=-lf-'-'aA"-=-'----'<.~=r?---'(f3 =---->-C~--, Member

-."c.--:.~~~~.. __, Member 

_________________________________, Member 

_________________________________, Member 

_________________________________, Member 
----------

'. " 

PUBLISHER'S AFFIDAVIT 


STATE OF MISSOURI,) 


)ss. 


COUNTY OF COLE) 


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

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

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

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

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

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

1st insertion, No. ________6_th___ day of ___N_o_v_e_m_b_e_r___, 20 __1_1__ 

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

3rd insertion, No. ___________ day of , 20 ____ 

4th insertion, No. ___________ day of , 20 ____ 

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

Fee: $301.00 lJt;£ /k&. 

10th Subscribed and sworn to before me this 

day of November 20 11 ------~-----, 

furbaJril. ~!ieJiwr. e.tQ BARBARAKLIETHERMES 

Notary Public· State d ~1;' ,'uri P bl' Notary U lC' My Commission EX~i'e" MatCh 3,2013 

ColeCounty 

My Commission #09529328 term as Notary Public expires ____________ 

I ". ,.. \ I .'

.......... 
 '. , I ", 

I • • , • • ,.",' ,,' 
MISSOURI AIR CONSERVATION COMMISSION 

WIll. HOLD PUBLIC HEARING 

JEFFERSON CITY, MO -- The Missouri Air Conservation Commission will 

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

washing; control of emissions from industrial processes, solvent cleaning 

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

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

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

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

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

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

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

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

Louis MetropOlitan area. Combustion practices and restrictions will be 

specified. to ensure the equipment is operated in an environmentally-sound 

manner. 

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

Solvent Cleaning Operations 

This proposed amendment will incorporate a change requested during the 

publio oomment period on a reoent rulemaking that was not integrated into 

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

rule will incorporate equipment cleaning work practices as a compliance 

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

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

This proposed amendment will update the area specific indirect heating rule 

referenoes with the new statewide consolidated indirect heating rule 10 CSR 

10-6.405 that became effeotive October 30, 2011 . 

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

This proposed amendment will update the area specific indirect heating rule 

referenoes with the new statewide consolidated indirect heating rule 10 CSR 

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

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

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

not necessary because it is redundant to national ambient air quality 

standards. 

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

Matter From Industrial Processes 

This proposed amendment will update the area specific indirect heating rule 

referenoes with the new statewide consolidated indirect heating rule 10 CSR 

10-6.405 that beoame effective October 30, 2011 . 

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

This proposed amendment will update the rule to maintain consistency with 

the federal emiSSion guidelines for municipal solid waste landfills, subpart 

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

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

and formatting errors and corrected inconSistencies from previous final rule 

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

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

* 10 CSR 10-6.310 (amendment) Restriction of Emissions from Municipal 

Solid Waste Landfills 

I 	 This proposed amendment will update the rule to maintain consistency with 

the federal emission guidelines for munioipal solid waste landfills, subpart 

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

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

I and formatting errors and corrected inconsistencies from previous final rufe 

actions. Note that definitions proposed for removal in this rule making have 

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

.. The State Implementation Plan Actions on Public Notice website 

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

for plan actions that are included in the public hearing. 

Documents for the above Item(s} will be available for review at the Missouri 

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

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

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

Persons with disabilities requiring special services or accommodations to 

attend the. meeting can make arrangements by calling the Department 

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

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

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

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

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

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

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

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

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

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

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

email comments regarding plan actions shall be sent to 

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

testimony will be equally considered. 

Public hearing items may be adopted by the Missouri Air Conservation 

Commission as provided for under authority of 643.050, RSMo. For more Information or a complete meeting agenda, Including Items being presented 

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

Pollution Control Program at (573) 751-4817. M T Nnv",mh"r fl. 2011 
PUBLIC HEARING 12/8/2011

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

MIDWEST LITIGATION SERVICES

Page 1

 BEFORE THE AIR CONSERVATION COMMISSION

 STATE OF MISSOURI

 DECEMBER 8, 2011

 MISSOURI AIR CONSERVATION COMMISSION

 PUBLIC HEARING

 Elm Street Conference Center

 1730 East Elm Street

 Lower Level

 Bennett Springs Conference Room

 Jefferson City, Missouri 65101

 9:00 a.m.

 BEFORE:

 Mark Garnett, Chairman

 Gary Pendergrass

 Ron Boyer

 Jack Baker

 David Zimmermann

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

REPORTED BY:

Pamela Fick, RMR, RPR, MO CCR #447

Midwest Litigation Services

3432 West Truman Boulevard, Suite 207

Jefferson City, Missouri 65109

(573) 636-7551

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

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

MIDWEST LITIGATION SERVICES

Page 2

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

2 CHAIRMAN GARNETT: The hearing will come

3 to order. Let the record show the following

4 Commissioners are present: Mark Garnett, David

5 Zimmermann, Gary Pendergrass, Ron Boyer and Jack

6 Baker.

7 The Air Conservation Commission of the

8 State of Missouri has called this public hearing

9 pursuant to Section 643.070, Revised Statutes of

10 Missouri, EPA promulgated rule 40 CFR 51.102 for the

11 purpose of hearing testimony relating to:

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

14 (amendment) Control of Emissions from Industrial

15 Solvent Cleaning Operations; 10 CSR 10-5.130

16 (amendment) Certain Coals to be Washed;

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

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

19 Restriction of Emission of Particulate Matter From

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

21 Municipal Solid Waste Landfills; 10 CSR 10-6.310

22 (amendment) Restriction of Emissions from Municipal

23 Solid Waste Landfills; Missouri State Implementation

24 Plan Revision - 2013 Cross-State Air Pollution Rule

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

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

MIDWEST LITIGATION SERVICES

Page 16

1 general section of the rule with a new statewide

2 indirect heating rule. If the Commission adopts this

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

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

5 Protection Agency to replace the current rule that is

6 in the Missouri State Implementation Plan.

7 Mr. Chairman, this concludes my

8 testimony. I will be happy to answer any questions

9 you might have specific to these rule amendments.

10 CHAIRMAN GARNETT: Aaron, thanks.

11 MR. MYERS: Good morning, Commissioner.

12 My name is Paul Myers, and I work as an environmental

13 specialist with the Air Pollution Control Program,

14 1659 East Elm Street in Jefferson City, Missouri.

15 I'm here today to present testimony on rules that

16 cover municipal solid waste landfills. These rules,

17 10 CSR 10-5.490 and 10 CSR 10-6.310, cover landfills

18 in the St. Louis area and the rest of the state

19 respectively. Due to the similarity of the rules and

20 the changes proposed, I would like to discuss both

21 rules during my testimony. The text for these rule

22 amendments can be found beginning on page 221 of your

23 briefing document.

24 These state rules cover existing

25 municipal solid waste landfills that are not covered
emission inventory for the applicable project.

70. Protocol—A replicable and workable method to estimate the

mass of emissions reductions, or the amount of ERCs needed for

compliance.

71. Public vehicle—Any motor vehicle, other than a passenger

vehicle, and any trailer, semi-trailer, or pole trailer drawn by such a

motor vehicle, which is designed, used, and maintained for the transportation of persons or property at the public expense and under public control.

72. Publication rotogravure printing—Rotogravure printing

upon paper which is subsequently formed into books, magazines,

catalogues, brochures, directories, newspaper supplements, and

other types of printed materials. 

73. Pushing operation—The process of removing coke from the

coke oven. The coke-pushing operation begins when the coke-side

oven door is removed and is completed when the hot car enters the

quench tower and the coke-side oven door is replaced.

74. Pyrolysis—The endothermic gasification of hospital waste

and/or medical/infectious waste using external energy.

AUTHORITY: section 643.050 and 643.055, RSMo 2000. Original

rule filed Aug. 16, 1977, effective Feb. 11, 1978. For intervening history, please consult the Code of State Regulations. Amended: Filed

Sept. 16, 2011.

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

in the aggregate.

PRIVATE COST: This proposed amendment will not cost state agencies or political subdivisions more than five hundred dollars ($500)

in the aggregate.

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin

at 9:00 a.m., December 8, 2011. The public hearing will be held at

the Elm Street Conference Center, 1730 East Elm Street, Lower

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

Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit

a written or email statement of their views until 5:00 p.m., December

15, 2011. Written comments shall be sent to Chief, Air Quality

Planning Section, Missouri Department of Natural Resources’ Air

Pollution Control Program, PO Box 176, Jefferson City, MO 65102-

0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control

Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.310 Restriction of Emissions from Municipal Solid

Waste Landfills. The commission proposes to amend subsections

(1)(D) and (1)(E); amend sections (2), (3), and (5); add subsection

(3)(C); amend subsections (4)(B), (4)(C), (6)(A), (6)(C), (6)(D),

(7)(A), (7)(B), (7)(D), (7)(E), (8)(A) through (8)(D), (8)(F), (8)(G),

(9)(B), and (10)(A). If the commission adopts this rule action, it will

be the department’s intention to submit this rule amendment to the U.S.

Environmental Protection Agency to replace the current rule that is in

the Missouri State Implementation Plan. The evidence supporting the

need for this proposed rulemaking is available for viewing at the

Missouri Department of Natural Resources’ Air Pollution Control

Program at the address listed in the Notice of Public Hearing at the end

of this rule. More information concerning this rulemaking can be found

at the Missouri Department of Natural Resources’ Environmental

Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule requires owners of municipal solid waste landfills to report their landfill’s design capacity and non-methane organic compound (NMOC) emissions. Landfills having design capacities

of two and one-half (2.5) million cubic meters or greater and NMOC

emission rates of fifty (50) megagrams or greater shall design,

install, and operate a gas collection and control system. This amendment is to maintain consistency with federal emission guidelines for

existing municipal solid waste landfills promulgated as 40 CFR 60,

Subpart Cc. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, are Federal Register updates

published on April 10, 2000, October 17, 2000, and September 21,

2006.

(1) Applicability.

(D) For purposes of obtaining an operating permit under Title V

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

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

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

[part] 70 or 71, unless the landfill is otherwise subject to either 40

CFR [part] 70 or 71. For purposes of submitting a timely application for an operating permit under 40 CFR [part] 70 or 71, the

owner or operator of an MSW landfill subject to the rule with a

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

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

subject to either 40 CFR [part] 70 or 71, becomes subject to the

requirements of section 70.5(a)(1)(i) or 71.5(a)(1)(i) of the Clean Air

Act ninety (90) days after the effective date of such 111(d) program

approval, even if the design capacity report is submitted earlier.

(E) When an MSW landfill subject to this rule is closed, the owner

or operator is no longer subject to the requirement to maintain an

operating permit under 40 CFR [part] 70 or 71 for the landfill if the

landfill is not otherwise subject to the requirements of either 40 CFR

[part] 70 or 71 and if either of the following conditions is met:

1. The landfill was never subject to a requirement for a control

system under section (3) of this rule; or

2. The owner or operator meets the conditions for control system removal specified in section 60.752(b)(2)(v) of 40 CFR 60,

[s]Subpart WWW.

(2) Definitions. Definitions of certain terms specified in this rule

may be found in 10 CSR 10-6.020. [Additional definitions are as

follows:

(A) Active collection system—A gas collection system that

uses gas mover equipment;

(B) Active landfill—A landfill in which solid waste is being

placed or a landfill that is planned to accept waste in the

future;

(C) Closed landfill—A landfill in which solid waste is no

longer being placed, and in which no additional solid wastes

will be placed without first filing a notification of modification as prescribed under 40 Code of Federal Regulations

(CFR) part 60.7(a)(4) (incorporated by reference). Once a

notification of modification has been filed, and additional

solid waste is placed in the landfill, the landfill is no longer

closed.

(D) Closure—That point in time when a landfill becomes a

closed landfill;

(E) Commercial solid waste—All types of solid waste generated by stores, offices, restaurants, warehouses, and other

nonmanufacturing activities, excluding residential and industrial wastes;

Page 2260 Proposed Rules

November 1, 2011

Vol. 36, No. 21
(F) 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 subparagraph

(3)(B)2.A. of this rule;

(G) Design capacity—The maximum amount of solid

waste a landfill can accept, as indicated in terms of volume

or mass in the most recent construction or operating permit

issued by the state or local agency responsible for regulating

the landfill, plus any in-place 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 site-specific density, which must be recalculated annually;

(H) Disposal facility—All contiguous land and structures,

other appurtenances, and improvements on the land used for

the disposal of solid waste;

(I) Emission rate cutoff—The threshold annual emission

rate to which a landfill compares its estimated emission rate

to determine if control under the regulation is required;

(J) 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;

(K) Flare—An open combustor without enclosure or

shroud;

(L) Gas mover equipment—The equipment (that is, fan,

blower, compressor) used to transport landfill gas through

the header system;

(M) 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);

(N) 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 parts 264 and 265 (incorporated by

reference). 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;

(O) Interior well—Any well or similar collection component

located inside the perimeter of the landfill waste. A perimeter well located outside the landfilled waste is not an interior well;

(P) 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 part

257.2 (incorporated by reference);

(Q) 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;

(R) Modification—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;

(S) Municipal solid waste landfill or MSW landfill—An

entire disposal facility in a contiguous geographical space

where household waste is placed in or on land. An MSW

landfill may also receive other types of Resource

Conservation and Recovery Act (RCRA) Subtitle D wastes,

40 CFR part 257.2 (incorporated by reference) 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;

(T) Municipal solid waste landfill emissions or MSW landfill emissions—Gas generated by the decomposition of

organic waste deposited in an MSW landfill or derived from

the evolution of organic compounds in the waste;

(U) NMOC—Nonmethane organic compounds, as measured according to the provisions of section (5) of this rule;

(V) 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;

(W) 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;

(X) 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;

(Y) 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 (incorporated by reference), 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., incorporated by reference);

(Z) 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 set forth in this rule; and

(AA) 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.]

(3) Standards for Air Emissions from Municipal Solid Waste

Landfills. Provisions of 40 CFR 51, 40 CFR 52, 40 CFR 60, and

40 CFR 258 are incorporated by reference in subsection (3)(C) of

this rule. Also, the Compilation of Air Pollutant Emission Factors,

Volume I: Stationary Point and Area Sources, AP-42, Fifth

Edition, January 1995 (hereafter AP-42), as published by the

Government Printing Office, 732 North Capitol Street NW,

Washington, DC 20401, shall apply and is hereby incorporated

by reference, including Supplement E dated November 1998.

Page 2261 November 1, 2011

Vol. 36, No. 21 Missouri Register
This rule does not incorporate any subsequent amendments or

additions.

(A) Each owner or operator of an MSW landfill having a design

capacity less than two and one-half (2.5) million megagrams by mass

or two and one-half (2.5) million cubic meters by volume shall submit an initial design capacity report to the director as provided in

subsection (8)(A) of this rule. The landfill may calculate design

capacity in either megagrams or cubic meters for comparison with

the exemption values. Any density conversions shall be documented

and submitted with the report. [For purposes of part 70 permitting under 10 CSR 10-6.065, a landfill with a design capacity less than two and one-half (2.5) million megagrams or

two and one-half (2.5) million cubic meters does not require

an operating permit under 40 CFR part 70.] Submittal of the

initial design capacity report shall fulfill the requirements of this rule

except as provided for in paragraphs (3)(A)1. and 2. of this rule.

1. The owner or operator shall submit to the director an amended design capacity report, as provided for in paragraph (8)(A)3. of

this rule[, when there is any increase in the design capacity

of a landfill subject to the provisions of this rule, whether the

increase results from an increase in the area or depth of the

landfill, a change in the operating procedures of the landfill,

or any other means]. 

2. [If any] When an increase in the maximum design capacity

of a landfill exempted from the provisions of subsection (3)(B)

through section (10) of this rule on the basis of the design capacity

exemption in subsection (3)(A) of this rule[,] results in a revised

maximum design capacity equal to or greater than two and one-half

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

meters, the owner or operator shall comply with the provisions of

subsection (3)(B) of this rule.

(B) Each owner or operator of an MSW landfill having a design

capacity equal to or greater than two and one-half (2.5) million

megagrams and two and one-half (2.5) million cubic meters[,] shall

either comply with paragraph (3)(B)2. of this rule or calculate an

NMOC emission rate for the landfill using the procedures specified

in section (5) of this rule. The NMOC emission rate shall be recalculated annually, except as provided in subparagraph (8)(B)1.B. of

this rule. The owner or operator of an MSW landfill subject to this

rule with a design capacity greater than or equal to two and one-half

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

meters is subject to 40 CFR [part] 70 or 71 permitting requirements. [When a landfill is closed, and either never needed

control or meets the conditions for control system removal

specified in subparagraph (3)(B)2.E. of this rule, a part 70

operating permit is no longer required.]

1. If the calculated NMOC emission rate is less than fifty (50)

megagrams per year, the owner or operator shall—

A. Submit an annual emission report to the director, except

as provided for in subparagraph (8)(B)1.B. of this rule; and 

B. Recalculate the NMOC emission rate annually using the

procedures specified in paragraph (5)(A)1. of this rule until such

time as the calculated NMOC emission rate is equal to or greater

than fifty (50) megagrams per year, or the landfill is closed. 

(I) If the NMOC emission rate, upon recalculation

required in subparagraph (3)(B)1.B. of this rule is equal to or greater

than fifty (50) megagrams per year, the owner or operator shall

install a collection and control system in compliance with paragraph

(3)(B)2. of this rule.

(II) If the landfill is permanently closed, a closure notification shall be submitted to the director as provided for in subsection

(8)(D) of this rule.

2. If the calculated NMOC emission rate is equal to or greater

than fifty (50) megagrams per year, the owner or operator shall—

A. Submit a collection and control system design plan prepared by a professional engineer to the director within one (1) year.

Permit modification approval from the Missouri Department of

Natural Resources’ Solid Waste Management Program shall be

required prior to construction of any gas collection system.

(I) The collection and control system as described in the

plan shall meet the design requirements of subparagraph (3)(B)2.B.

of this rule.

(II) The collection and control system design plan shall

include any alternatives to the operational standards, test methods,

procedures, compliance measures, monitoring, record keeping or

reporting provisions of sections (4) through (9) of this rule proposed

by the owner or operator.

(III) The collection and control system design plan shall

either conform with specifications for active collection systems in

section (10) of this rule or include a demonstration to the director’s

satisfaction[, such that human health and safety is protected,]

of the sufficiency of the alternative provisions to section (10) of this

rule.

(IV) The director shall review the information submitted

under parts (3)(B)2.A.(I), (II), and (III) of this rule and either

approve it, disapprove it, or request that additional information be

submitted. Because of the many site-specific factors involved with

landfill gas system design, alternative systems may be necessary. A

wide variety of system designs are possible, such as vertical wells,

combination horizontal and vertical collection systems, horizontal

trenches only, leachate collection components, and passive systems;

B. Install a collection and control system that captures the gas

generated within the landfill as required by part (3)(B)2.B.(I) or (II)

and subparagraph (3)(B)2.C. of this rule within thirty (30) months

after the first annual report in which the emission rate equals or

exceeds fifty (50) megagrams per year, unless Tier 2 or Tier 3 sampling under section (5) of this rule demonstrates that the emission

rate is less than fifty (50) megagrams per year, as specified in paragraph (8)(C)1. or 2. of this rule.

(I) An active collection system shall—

(a) Be designed to handle the maximum expected gas

flow rate from the entire area of the landfill that warrants control over

the intended use period of the gas control or treatment system equipment;

(b) Collect gas from each area, cell, or group of cells in

the landfill in which the initial solid waste has been placed for a period of—

I. Five (5) years or more if active; or

II. Two (2) years or more if closed or at final grade;

(c) Collect gas at a sufficient extraction rate; and

(d) Be designed to minimize off-site migration of subsurface gas.

(II) A passive collection system shall—

(a) Comply with the provisions specified in subparts

(3)(B)2.B.(I)(a), (b), and (d) of this rule; and

(b) Be installed with liners on the bottom and all sides

in all areas in which gas is to be collected. The liners shall be

installed as required under 40 CFR [part] 258.40 [(incorporated

by reference)];

C. Route all the collected gas to one (1) or more of the following control systems: 

(I) An open flare designed and operated in accordance with

40 CFR [part] 60.18 [(incorporated by reference)] except as

noted in subsection (5)(E) of this rule; 

(II) A control system designed and operated to reduce

NMOC by ninety-eight (98) weight-percent, or, when an enclosed

combustion device is used for control, to either reduce NMOC by

ninety-eight (98) weight-percent or reduce the outlet NMOC concentration to less than twenty parts per million by volume (20 ppmv),

dry basis as hexane at three percent (3%) oxygen. The reduction efficiency or parts per million by volume shall be established by an initial performance test[,] to be completed no later than one hundred

eighty (180) days after the initial startup of the approved control system using the test methods specified in subsection (5)(D) of this rule.

Page 2262 Proposed Rules

November 1, 2011

Vol. 36, No. 21
(a) If a boiler or process heater is used as the control

device, the landfill gas stream shall be introduced into the flame

zone.

(b) The control device shall be operated within the parameter ranges established during the initial or most recent performance test. The operating parameters to be monitored are specified

in section (7) of this rule; or

(III) A system that routes the collected gas to a treatment

system that processes the collected gas for subsequent sale or use.

All emissions from any atmospheric vent from the gas treatment system shall be subject to the requirements of part (3)(B)2.C.(I) or (II)

of this rule;

D. Operate the collection and control device installed to comply with this rule in accordance with the provisions of sections (4),

(6), and (7) of this rule;

E. The collection and control system may be capped or

removed provided that all the conditions of parts (3)(B)2.E.(I), (II),

and (III) of this rule are met—

(I) The landfill shall be no longer accepting solid waste and

be permanently closed under the requirements of 40 CFR [part]

258.60 [(incorporated by reference)]. A closure report shall be

submitted to the director as provided in subsection (8)(D) of this

rule; 

(II) The collection and control system shall have been in

operation a minimum of fifteen (15) years; and 

(III) Following the procedures specified in subsection

(5)(B) of this rule, the calculated NMOC gas produced by the landfill shall be less than fifty (50) megagrams per year on three (3) successive test dates. The test dates shall be no less than ninety (90)

days apart, and no more than one hundred eighty (180) days apart;

and

F. The planning, awarding of contracts, and installation of

MSW landfill air emission collection and control equipment capable

of meeting the emission standards in subsection (3)(B) of this rule

shall be accomplished within thirty (30) months after the date the initial NMOC emission rate report shows NMOC emissions equal or

exceed fifty (50) megagrams per year.

(C) The specific citations of 40 CFR 51, 40 CFR 52, 40 CFR

60, and 40 CFR 258 referenced in this rule and promulgated as

of June 30, 2011, shall apply and are 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. All of the provisions of 40 CFR 51.166 other than (a) Plan requirements and (q)

Public participation are incorporated by reference in this rule.

All of the provisions of 40 CFR 52.21, other than (a) Plan disapproval, (q) Public participation, (s) Environmental impact statements, and (u) Delegation of authority are incorporated by reference in this rule with the following adaptation. Administrator

as it appears in 40 CFR 52.21 shall refer to the director of the

Missouri Department of Natural Resources’ Air Pollution

Control Program except in the following, where it shall continue

to refer to the administrator of the U.S. Environmental

Protection Agency:

1. (b)(17) Federally enforceable;

2. (b)(37)(i) Repowering;

3. (b)(43) Prevention of Significant Deterioration (PSD) program;

4. (b)(48) Baseline actual emissions;

5. (b)(49) Subject to regulation

6. (b)(50) Regulated NSR pollutant;

7. (b)(51) Reviewing authority;

8. (g) Redesignation;

9. (l) Air quality models;

10. (p) Federal Land Manager;

11. (t) Disputed permits or redesignations; and

12. (v) Innovative control technology.

(4) Operational Standards for Collection and Control Systems. Each

owner or operator of an MSW landfill gas collection and control system used to comply with the provisions of subparagraph (3)(B)2.B.

of this rule shall—

(B) Operate the collection system with negative pressure at each

wellhead except under the following conditions:

1. A fire or increased well temperature. The owner or operator shall record instances when positive pressure occurs in efforts to

avoid a fire. These records shall be submitted with the annual

reports as provided in paragraph (8)(F)1. of this rule;

2. Use of a geomembrane or synthetic cover. The owner or

operator shall develop acceptable pressure limits in the design plan;

and

3. A decommissioned well. A well may experience a static positive pressure after shut down to accommodate for declining flows.

All design changes shall be approved by the director and EPA;

(C) Operate each interior wellhead in the collection system with a

landfill gas temperature less than fifty-five degrees Celsius (55 °C)

and with either a nitrogen level less than twenty percent (20%) or an

oxygen level less than five percent (5%). The owner or operator may

establish a higher operating temperature, nitrogen, or oxygen value

at a particular well. A higher operating value demonstration shall

show supporting data that the elevated parameter does not cause fires

or significantly inhibit anaerobic decomposition by killing

methanogens.

1. The nitrogen level shall be determined using Method 3C of

[Appendix A,] 40 CFR [part] 60, [(incorporated by reference)]

Appendix A, unless an alternative test method is established as

allowed by subparagraph (3)(B)2.A. of this rule.

2. Unless an alternative test method is established as allowed by

subparagraph (3)(B)2.A. of this rule, the oxygen shall be determined

by an oxygen meter using Method 3A or 3C of [Appendix A,] 40

CFR [Part] 60, [(incorporated by reference)] Appendix A,

except that—

A. The span shall be set so that the regulatory limit is

between twenty and fifty percent (20%–50%) of the span;

B. A data recorder is not required;

C. Only two (2) calibration gases are required, a zero (0) and

span, and ambient air may be used as the span;

D. A calibration error check is not required; and

E. The allowable sample bias, zero (0) drift, and calibration

drift are plus or minus ten percent (±10%);

(5) Test Methods and Procedures.

(A) NMOC Emission Rate Calculation.

1. The landfill owner or operator shall calculate the NMOC

emission rate using either the equation provided in subparagraph

(5)(A)1.A. of this rule or the equation provided in subparagraph

(5)(A)1.B. of this rule. Both equations may be used if the actual yearto-year solid waste acceptance rate is known, as specified in subparagraph (5)(A)1.A. of this rule, for part of the life of the landfill and the actual year-to-year solid waste acceptance rate is

unknown, as specified in subparagraph (5)(A)1.B., for part of the

life of the landfill. The values to be used in both equations are 0.05

per year for k, one hundred seventy (170) cubic meters per megagram for Lo, and four thousand (4,000) parts per million by volume

as hexane for the CNMOC. For landfills located in geographical areas

with a thirty (30)-year annual average precipitation of less than twenty-five inches (25"), as measured at the nearest representative official meteorologic site, the k value to be used is 0.02 per year.

A. The following equation shall be used if the actual year-toyear solid waste acceptance rate is known. The mass of nondegradable solid waste may be subtracted from the total mass of solid waste

in a particular section of the landfill when calculating the value for

Mi if the documentation of the nature and amount of such wastes is

maintained.

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Vol. 36, No. 21 Missouri Register
n

MNMOC =∑ 2kLo Mi (e-kti) (CNMOC) (3.6 × 10-9)

i=1

where,

MNMOC = Total NMOC emission rate from the landfill, megagrams per year

k = methane generation rate constant, year-1

Lo = methane generation potential, cubic meters per 

megagram solid waste

Mi = mass of solid waste in the ith section, megagrams

t

i = age of the ith section, years

CNMOC = concentration of NMOC, parts per million by volume as hexane

3.6 × 10-9 = conversion factor

B. The following equation shall be used if the actual year-toyear solid waste acceptance rate is unknown. The mass of nondegradable solid waste may be subtracted from the average annual

acceptance rate when calculating a value for R, if the documentation

provisions of paragraph (9)(D)2. of this rule are followed.

MNMOC = 2 Lo R (e-kc − e-kt) (CNMOC) (3.6 × 10-9)

where,

MNMOC = mass emission rate of NMOC, megagrams per year

Lo = methane generation potential, cubic meters per

megagram solid waste

R = average annual acceptance rate, megagrams per year

k = methane generation rate constant, year-1

t = age of landfill, years

CNMOC = concentration of NMOC, parts per million by volume as hexane

c = time since closure, years. For active landfill c= 0 

and e -kc = 1

3.6 × 10-9 = conversion factor

2. Tier 1. The owner or operator shall compare the calculated

NMOC mass emission rate to the standard of fifty (50) megagrams

per year. 

A. If the NMOC emission rate calculated in paragraph

(5)(A)1. of this rule is less than fifty (50) megagrams per year, then

the landfill owner shall submit an emission rate report as provided in

paragraph (8)(B)1. of this rule, and shall recalculate the NMOC mass

emission rate annually as required under paragraph (3)(B)1. of this

rule.

B. If the calculated NMOC emission rate is equal to or

greater than fifty (50) megagrams per year, then the landfill owner

shall either comply with paragraph (3)(B)2. of this rule, or determine

a site-specific NMOC concentration and recalculate the NMOC

emission rate using the procedures provided in paragraph (5)(A)3. of

this rule.

3. Tier 2. The landfill owner or operator shall determine the

NMOC concentration using the following sampling procedure. The

landfill owner or operator shall install at least two (2) sample probes

per hectare of landfill surface that has retained waste for at least two

(2) years. If the landfill is larger than twenty-five (25) hectares in

area, only fifty (50) samples are required. The sample probes should

be located to avoid known areas of nondegradable solid waste. The

owner or operator shall collect and analyze one (1) sample of landfill gas from each probe to determine the NMOC concentration using

Method 25 or 25C [or] of 40 CFR 60, Appendix A. Method 18 of

[Appendix A,] 40 CFR [part] 60, [(incorporated by reference)]

Appendix A may be used to analyze the samples collected by the

Method 25 or 25C sampling procedure. Taking composite samples from different probes into a single cylinder is allowed; however, equal sample volumes must be taken from each probe. For

each composite, the sampling rate, collection times, beginning

and ending cylinder vacuums, or alternative volume measurements must be recorded to verify that composite volumes are

equal. Composite sample volumes should not be less than one (1)

liter unless evidence can be provided to substantiate the accuracy of smaller volumes. Terminate compositing before the cylinder approaches ambient pressure where measurement accuracy

diminishes. If using Method 18, the minimum list of compounds to

be tested shall be those published in [the most recent

Compilation of Air Pollutant Emission Factors, Volume I:

Stationary Point and Area Sources (]AP-42[)], [available from

the Government Printing Office. If composite sampling is

used, equal volumes shall be taken from each sample probe.]

minus carbon monoxide, hydrogen sulfide, and mercury. As a

minimum, the instrument must be calibrated for each of the

compounds on the list. Convert the concentration of each Method

18 compound to CNMOC as hexane by multiplying by the ratio of

its carbon atoms divided by six (6). If more than the required number of samples are taken, all samples shall be used in the analysis.

The landfill owner or operator [shall] must divide the NMOC concentration from Method 25 or 25C of 40 CFR 60, Appendix A by

six (6) to convert from CNMOC as carbon to CNMOC as hexane. If the

landfill has an active or passive gas removal system in place,

Method 25 or 25C samples may be collected from these systems

instead of surface probes provided the removal system can be

shown to provide sampling as representative as the two (2) sampling probe per hectare requirement. For active collection systems, samples may be collected from the common header pipe

before the gas moving or condensate removal equipment. For

these systems, a minimum of three (3) samples must be collected

from the header pipe.

A. The landfill owner or operator shall recalculate the

NMOC mass emission rate using the equations provided in subparagraph (5)(A)1.A. or B. of this rule and using the average NMOC

concentration from the collected samples instead of the default value

in the equation provided in paragraph (5)(A)1. of this rule.

B. If the resulting mass emission rate calculated using the

site-specific NMOC concentration is equal to or greater than fifty

(50) megagrams per year, then the landfill owner or operator shall

either comply with paragraph (3)(B)2. of this rule, or determine the

site-specific methane generation rate constant and recalculate the

NMOC emission rate using the site-specific methane generation rate

using the procedure specified in paragraph (5)(A)4. of this rule.

C. If the resulting NMOC mass emission rate is less than

fifty (50) megagrams per year, the owner or operator shall submit a

periodic estimate of the emission rate report as provided in paragraph

(8)(B)1. of this rule and retest the site-specific NMOC concentration

every five (5) years using the methods specified in this section. 

4. Tier 3. The site-specific methane generation rate constant

shall be determined using the procedures provided in Method 2E of

[Appendix A,] 40 CFR [part] 60, [(incorporated by reference)]

Appendix A. The landfill owner or operator shall estimate the

NMOC mass emission rate using equations in subparagraph

(5)(A)1.A. or B. of this rule and using a site-specific methane generation rate constant k, and the site-specific NMOC concentration as

determined in paragraph (5)(A)3. of this rule instead of the default

values provided in paragraph (5)(A)1. of this rule. The landfill owner

or operator shall compare the resulting NMOC mass emission rate to

the standard of fifty (50) megagrams per year. 

A. If the NMOC mass emission rate as calculated using the

site-specific methane generation rate and concentration of NMOC is

equal to or greater than fifty (50) megagrams per year, the owner or

operator shall comply with paragraph (3)(B)2. of this rule.

B. If the NMOC mass emission rate is less than fifty (50)

megagrams per year, then the owner or operator shall submit a periodic emission rate report as provided in paragraph (8)(B)1. of this

rule and shall recalculate the NMOC mass emission rate annually, as

provided in paragraph (8)(B)1. of this rule using the equations in

paragraph (5)(A)1. of this rule and using the site-specific methane

Page 2264 Proposed Rules

November 1, 2011

Vol. 36, No. 21
generation rate constant and NMOC concentration obtained in paragraph (5)(A)3. of this rule. The calculation of the methane generation rate constant is performed only once, and the value obtained

from this test shall be used in all subsequent annual NMOC emission

rate calculations. 

5. The owner or operator may use other methods to determine

the NMOC concentration or a site-specific k as an alternative to the

methods required in paragraphs (5)(A)3. and 4. of this rule if the

method has been approved by the director and EPA.

[6. The owner or operator may recalculate the NMOC

mass emission rate using AP-42 values instead of the

default values provided in paragraph (5)(A)1. of this rule as

an alternative to the methods required in paragraph (5)(A)3.

or 4. of this rule.]

(B) After the installation of a collection and control system in compliance with section (6) of this rule, the owner or operator shall calculate the NMOC emission rate for purposes of determining when

the system can be removed as provided in subparagraph (3)(B)2.E.

of this rule, using the following equation:

MNMOC = (1.89 × 10-3) (QLFG) (CNMOC)

where,

MNMOC = mass emission rate of NMOC, megagrams per year

QLFG = flow rate of landfill gas, cubic meters per minute

CNMOC = NMOC concentration, parts per million by volume as

hexane

1. The flow rate of landfill gas, QLFG, shall be determined by

measuring the total landfill gas flow rate at the common header pipe

that leads to the control device using a gas flow measuring device

calibrated according to the provisions of section 4 of Method 2E of

40 CFR 60, Appendix A.

2. The average NMOC concentration, CNMOC, shall be determined by collecting and analyzing landfill gas sampled from the

common header pipe before the gas moving or condensate removal

equipment using the procedures in Method 25C or Method 18 of 40

CFR 60, Appendix A. If using Method 18, the minimum list of

compounds to be tested shall be those published in [the most

recent Compilation of Air Pollutant Emission Factors (]AP42[)]. The sample location on the common header pipe shall be

before any condensate removal or other gas refining units. The landfill owner or operator shall divide the NMOC concentration from

Method 25C by six (6) to convert from CNMOC as carbon to CNMOC

as hexane. 

3. The owner or operator may use another method to determine

landfill gas flow rate and NMOC concentration if the method has

been approved by the director and EPA as provided in part

(3)(B)2.A.(II) of this rule.

(C) [The] When calculating emissions for prevention of significant deterioration (PSD) purposes, the owner or operator of each

MSW landfill subject to the provisions of this rule shall estimate the

NMOC emission rate for comparison to the [prevention of significant deterioration (] PSD [)] major source and significance levels

in 40 CFR [part] 51.166 or 52.21 [(incorporated by reference)]

using AP-42 or other approved measurement procedures. [If a collection system, which complies with the provisions in paragraph (3)(B)2. of this rule is already installed, the owner or

operator shall estimate the NMOC emission rate using the

procedures provided in subsection (5)(B).]

(D) For the performance test required in part (3)(B)2.C.(II) of this

rule, Method 25, 25C, or Method 18 of 40 CFR 60, Appendix A

shall be used to determine compliance with ninety-eight (98) weightpercent efficiency or the twenty (20) ppmv outlet concentration level,

unless another method to demonstrate compliance has been approved

by the director and EPA as provided by part (3)(B)2.A.(II) of this

rule. Method 3 or 3A of 40 CFR 60, Appendix A shall be used

to determine oxygen for correcting the NMOC concentration as

hexane to three percent (3%). In cases where the outlet concentration is less than fifty (50) ppm NMOC as carbon (eight (8)

ppm NMOC as hexane), Method 25A of 40 CFR 60, Appendix A

should be used in place of Method 25. If using Method 18, the

minimum list of compounds to be tested shall be those published in

[the most recent Compilation of Air Pollutant Emission

Factors (]AP-42[)]. The following equation shall be used to calculate efficiency:

Control Efficiency = (NMOCin − NMOCout)/(NMOCin)

where,

NMOCin = mass of NMOC entering control device

NMOCout = mass of NMOC exiting control device

(E) For the performance test required in part (3)(B)2.C.(I), the

net heating value of the combusted landfill gas as determined in

40 CFR 60.18(f)(3) is calculated from the concentration of

methane in the landfill gas as measured by Method 3C of 40 CFR

60, Appendix A. A minimum of three (3) thirty (30)-minute

Method 3C samples are determined. The measurement of other

organic components, hydrogen, and carbon monoxide is not

applicable. Method 3C may be used to determine the landfill gas

molecular weight for calculating the flare gas exit velocity under

40 CFR 60.18(f)(4).

(6) Compliance Provisions.

(A) Except as provided in part (3)(B)2.A.(II) of this rule, the specified methods in paragraphs (6)(A)1. through (6)(A)6. of this rule

shall be used to determine whether the gas collection system is in

compliance with subparagraph (3)(B)2.B. of this rule[.]—

1. For the purposes of calculating the maximum expected gas

generation flow rate from the landfill to determine compliance with

subpart (3)(B)2.B.(I)(a) of this rule, one (1) of the following equations shall be used. The k and Lo kinetic factors should be those published in [the most recent Compilation of Air Pollutant

Emission Factors (]AP-42[)] or other site specific values demonstrated to be appropriate and approved by the director and EPA. If k

has been determined as specified in paragraph (5)(A)4. of this rule,

the value of k determined from the test shall be used. A value of no

more than fifteen (15) years shall be used for the intended use period of the gas mover equipment. The active life of the landfill is the

age of the landfill plus the estimated number of years until closure. 

A. For sites with unknown year-to-year solid waste acceptance rate—

Qm = 2Lo R (e-kc − e-kt)

where,

Qm = maximum expected gas generation flow rate, cubic 

meters per year

Lo = methane generation potential, cubic meters per megagram solid waste

R = average annual acceptance rate, megagrams per year

k = methane generation rate constant, year-1

t = age of the landfill at equipment installation plus the

time the owner or operator intends to use the gas mover 

equipment or active life of the landfill, whichever

is less. If the equipment is installed after closure, t is 

the age of the landfill at installation, years 

c = time since closure, years (for an active landfill c = 0 

and e-kc = 1)

B. For sites with known year-to-year solid waste acceptance

rate—

n

Qm = ∑ 2 k Lo Mi (e-kti) 

i=1

Page 2265 November 1, 2011

Vol. 36, No. 21 Missouri Register
where,

Qm = maximum expected gas generation flow rate, cubic

meters per year

k = methane generation rate constant, year-1

Lo = methane generation potential, cubic meters per megagram solid waste

Mi = mass of solid waste in the ith section, megagrams

t

i = age of the ith section, years

C. If a collection and control system has been installed, actual flow data may be used to project the maximum expected gas generation flow rate instead of, or in conjunction with, the equations in

subparagraphs (6)(A)1.A. and B. of this rule. If the landfill is still

accepting waste, the actual measured flow data will not equal the

maximum expected gas generation rate, so calculations using the

equations in subparagraphs (6)(A)1.A. or B. of this rule or other

methods shall be used to predict the maximum expected gas generation rate over the intended period of use of the gas control system

equipment[.];

2. For the purposes of determining sufficient density of gas collectors for compliance with subpart (3)(B)2.B.(I)(b) of this rule, the

owner or operator shall design a system of vertical wells, horizontal

collectors, or other collection devices, satisfactory to the director,

capable of controlling and extracting gas from all portions of the

landfill sufficient to meet all operational and performance standards[.];

3. For the purpose of demonstrating whether the gas collection

system flow rate is sufficient to determine compliance with subpart

(3)(B)2.B.(I)(c) of this rule, the owner or operator shall measure

gauge pressure in the gas collection header at each individual well,

monthly. If a positive pressure exists, action shall be initiated to correct the exceedance within five (5) calendar days, except for the

three (3) conditions allowed under subsection (4)(B) of this rule. If

negative pressure cannot be achieved without excess air infiltration

within fifteen (15) calendar days of the first measurement, the gas

collection system shall be expanded to correct the exceedance within

one hundred twenty (120) days of the initial measurement of positive

pressure. Any attempted corrective measure shall not cause

exceedances of other operational or performance standards. An

alternative timeline for correcting the exceedance may be submitted

to the director for approval[.];

4. Owners or operators are not required to expand the system as

required in paragraph[s] (6)(A)3. of this rule during the first one

hundred eighty (180) days after gas collection system start-up[.];

5. For the purpose of identifying whether excess air infiltration

into the landfill is occurring, the owner or operator shall monitor

each well monthly for temperature and nitrogen or oxygen as provided in subsection (4)(C) of this rule. If a well exceeds one (1) of

these operating parameters, action shall be initiated to correct the

exceedance within five (5) calendar days. If correction of the

exceedance cannot be achieved within fifteen (15) calendar days of

the first measurement, the gas collection system shall be expanded to

correct the exceedance within one hundred twenty (120) days of the

initial exceedance. Any attempted corrective measure shall not cause

exceedances of other operational or performance standards. An

alternative timeline for correcting the exceedance may be submitted

to the director for approval[.]; and

6. An owner or operator seeking to demonstrate compliance

with subpart (3)(B)2.B.(I)(d) of this rule through the use of a collection system not conforming to the specifications provided in section

(10) of this rule shall provide information satisfactory to the director

and EPA as specified in part (3)(B)2.A.(III) of this rule demonstrating that off-site migration is being controlled. 

(C) The following procedures shall be used for compliance with

the surface methane operational standard as provided in subsection

(4)(D) of this rule:

1. After installation of the collection system, the owner or operator shall monitor surface concentrations of methane along the entire

perimeter of the collection area and along a pattern that traverses the

landfill at thirty (30)-meter intervals (or a site-specific established

spacing) for each collection area on a quarterly basis using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the specifications provided in subsection (6)(D) of this

rule;

2. The background concentration shall be determined by moving the probe inlet upwind and downwind outside the boundary of the

landfill at a distance of at least thirty (30) meters from the perimeter

wells;

3. Surface emission monitoring shall be performed in accordance with section 4.3.1 of Method 21 of [Appendix A,] 40 CFR

[part ] 60, [(incorporated by reference)] Appendix A, except

that the probe inlet shall be placed within five to ten centimeters

(5–10 cm) of the ground. Monitoring shall be performed during typical meteorological conditions;

4. Any reading of five hundred (500) parts per million (ppm) or

more above background at any location shall be recorded as a monitored exceedance and the actions specified in subparagraphs

(6)(C)4.A. through E. of this rule shall be taken. As long as the specified actions are taken, the exceedance is not a violation of the operational requirements of subsection (4)(D) of this rule.

A. The location of each monitored exceedance shall be

marked and the location recorded.

B. Cover maintenance or adjustments to the vacuum of the

adjacent wells to increase the gas collection in the vicinity of each

exceedance shall be made, and the location shall be remonitored

within ten (10) calendar days of detecting the exceedance.

C. If the remonitoring of the location shows a second

exceedance, additional corrective action shall be taken, and the location shall be monitored again within ten (10) days of the second

exceedance. If the remonitoring shows a third exceedance for the

same location, the action specified in subparagraph (6)(C)4.E. of this

rule shall be taken, and no further monitoring of that location is

required until the action specified in subparagraph (6)(C)4.E. of this

rule has been taken. 

D. Any location that initially showed an exceedance but has

a methane concentration less than five hundred (500) ppm methane

above background at the ten (10)-day remonitoring specified in subparagraph (6)(C)4.B. or C. of this rule shall be remonitored one (1)

month from the initial exceedance. If the one (1)-month remonitoring shows a concentration less than five hundred (500) ppm above

background, no further monitoring of that location is required until

the next quarterly monitoring period. If the one (1)-month remonitoring shows an exceedance, the actions specified in subparagraph

(6)(C)4.C. or E. of this rule shall be taken.

E. For any location where monitored methane concentration

equals or exceeds five hundred (500) ppm above background three

(3) times within a quarterly period, a new well or other collection

device shall be installed within one hundred twenty (120) calendar

days of the initial exceedance. An alternative remedy to the

exceedance, such as upgrading the blower, header pipes, or control

device, and a corresponding timeline for installation may be submitted to the director for approval; and

5. The owner or operator shall implement a program to monitor for cover integrity and implement cover repairs as necessary on

a monthly basis. 

(D) Each owner or operator seeking to comply with the provisions

in subsection (6)(C) of this rule shall comply with the following

instrumentation specifications and procedures for surface emission

monitoring devices: 

1. The portable analyzer shall meet the instrument specifications provided in section 3 of Method 21 of 40 CFR 60, Appendix

A, except that “methane” shall replace all references to VOC;

2. The calibration gas shall be methane, diluted to a nominal

concentration of five hundred (500) ppm in air;

3. To meet the performance evaluation requirements in section

3.1.3 of Method 21 of 40 CFR 60, Appendix A, the instrument

Page 2266 Proposed Rules

November 1, 2011

Vol. 36, No. 21
evaluation procedures of section 4.4 of Method 21 shall be used; and

4. The calibration procedures provided in section 4.2 of Method

21 of 40 CFR 60, Appendix A shall be followed immediately before

commencing a surface monitoring survey. 

(7) Monitoring of Operations. Except as provided in part

(3)(B)2.A.(II) of this rule—

(A) Each owner or operator seeking to comply with part

(3)(B)2.B.(I) of this rule for an active gas collection system shall

install a sampling port and a thermometer or other temperature measuring device, or an access port for temperature measurements at

each wellhead and—

1. Measure the gauge pressure in the gas collection header on a

monthly basis as provided in paragraph (6)(A)3. of this rule; [and]

2. Monitor nitrogen or oxygen concentration in the landfill gas

on a monthly basis as provided in paragraph (6)(A)5. of this rule;

and

3. Monitor temperature of the landfill gas on a monthly basis as

provided in paragraph (6)(A)5. of this rule;

(B) Each owner or operator seeking to comply with subparagraph

(3)(B)2.C. of this rule using an enclosed combustor shall calibrate,

maintain, and operate according to the manufacturer’s specifications,

the following equipment:

1. A temperature monitoring device equipped with a continuous

recorder and having a minimum accuracy of plus or minus one percent (±1%) of the temperature being measured expressed in degrees

Celsius or plus or minus one-half degree Celsius (±0.5 °C),

whichever is greater. A temperature monitoring device is not

required for boilers or process heaters with design heat input capacity equal to or greater than forty-four (44) megawatts; and

2. A device that records flow to or bypass of the control device.

The owner or operator shall either—

A. Install, calibrate, and maintain a gas flow rate measuring

device that shall record the flow to the control device at least every

fifteen (15) minutes; or

B. Secure the bypass line valve in the closed position with a

car-seal or a lock-and-key type configuration. A visual inspection of

the seal or closure mechanism shall be performed at least once every

month to ensure that the valve is maintained in the closed position

and that the gas flow is not diverted through the bypass line;

(D) Each owner or operator seeking to demonstrate compliance

with subparagraph (3)(B)2.C. of this rule using a device other than

an open flare or an enclosed combustor shall provide information satisfactory to the director as provided in part (3)(B)2.A.(II) of this rule

describing the operation of the control device, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The director shall review the information and

either approve it, or request that additional information be submitted.

The director may specify additional appropriate monitoring procedures [to insure that human health and safety is protected];

(E) Each owner or operator seeking to install a collection system

that does not meet the specifications in section (10) of this rule or

seeking to monitor alternative parameters to those required by sections (4) through (7) of this rule shall provide information satisfactory to the director as provided in parts (3)(B)2.A.(II) and (III) of this

rule describing the design and operation of the collection system, the

operating parameters that would indicate proper performance, and

appropriate monitoring procedures. The director may specify additional appropriate monitoring procedures [to insure that human

health and safety is protected]; or

(8) Reporting Requirements. Except as provided in part

(3)(B)2.A.(II) of this rule—

(A) Each owner or operator subject to the requirements of this rule

shall submit an initial design capacity report to the director.

1. The initial design capacity report shall be submitted within

ninety (90) days of the rule effective date.

2. The initial design capacity report shall contain the following

information: 

A. A map or plot of the landfill, providing the size and location of the landfill, and identifying all areas where solid waste may

be landfilled according to the provisions of the state or local construction or operating permit; and

B. The maximum design capacity of the landfill. Where the

maximum design capacity is specified in the state or local construction permit, a copy of the permit specifying the maximum design

capacity may be submitted as part of the report. If the maximum

design capacity of the landfill is not specified in the permit, the maximum design capacity shall be calculated using good engineering

practices. The calculations shall be provided, along with [such] the

relevant parameters [as depth of solid waste, solid waste

acceptance rate, and compaction practices] as part of the

report. The state, local agency, or director may request other reasonable information as may be necessary to verify the maximum

design capacity of the landfill. 

3. An amended design capacity report shall be submitted to the

director providing notification of any increase in the design capacity

of the landfill, whether the increase results from an increase in the

permitted area or depth of the landfill, a change in the operating procedures, or any other means which results in an increase in the maximum design capacity of the landfill above two and one-half (2.5)

million megagrams and two and one-half (2.5) million cubic meters.

The amended design capacity report shall be submitted within ninety (90) days of the issuance of an amended construction or operating

permit, or the placement of waste in additional land, or the change

in operating procedures which will result in an increase in maximum

design capacity, whichever occurs first;

(B) Each owner or operator subject to the requirements of this rule

shall submit an NMOC emission rate report to the director initially

and annually thereafter, except as provided for in subparagraph

(8)(B)1.B. or paragraph (8)(B)3. of this rule. The director may

request such additional information as may be necessary to verify the

reported NMOC emission rate.

1. The NMOC emission rate report shall contain an annual or

five (5)-year estimate of the NMOC emission rate calculated using

the formula and procedures provided in subsection (5)(A) or (B) of

this rule, as applicable.

A. The initial NMOC emission rate report shall be submitted

within ninety (90) days of the rule effective date and may be combined with the initial design capacity report required in subsection

(8)(A) of this rule. Subsequent NMOC emission rate reports shall

be submitted annually thereafter, except as provided for in subparagraph (8)(B)1.B. and paragraph (8)(B)3. of this rule.

B. If the estimated NMOC emission rate as reported in the

annual report to the director is less than fifty (50) megagrams per

year in each of the next five (5) consecutive years, the owner or operator may elect to submit an estimate of the NMOC emission rate for

the next five (5)-year period in lieu of the annual report. This estimate shall include the current amount of solid waste-in-place and the

estimated waste acceptance rate for each year of the five (5) years for

which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based shall be provided to the director. This estimate shall be revised at least once every five (5) years.

If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the five (5)-year estimate, a revised

five (5)-year estimate shall be submitted to the director. The revised

estimate shall cover the five (5)-year period beginning with the year

in which the actual waste acceptance rate exceeded the estimated

waste acceptance rate. 

2. The NMOC emission rate report shall include all the data,

calculations, sample reports, and measurements used to estimate the

annual or five (5)-year emissions. 

3. Each owner or operator subject to the requirements of this

rule is exempted from the requirements of paragraphs (8)(B)1. and

2. of this rule after the installation of a collection and control system

Page 2267 November 1, 2011

Vol. 36, No. 21 Missouri Register
in compliance with paragraph (3)(B)2. of this rule, during such time

as the collection and control system is in operation and in compliance

with sections (4) and (6) of this rule;

(C) Each owner or operator subject to the provisions of subparagraph (3)(B)2.A. of this rule shall submit a collection and control

system design plan to the director within one (1) year of the first

report, required under subsection (8)(B) of this rule, in which the

emission rate equals or exceeds fifty (50) megagrams per year,

except as follows: 

1. If the owner or operator elects to recalculate the NMOC

emission rate after Tier 2 NMOC sampling and analysis as provided

in paragraph (5)(A)3. of this rule and the resulting rate is less than

fifty (50) megagrams per year, annual periodic reporting shall be

resumed, using the Tier 2 determined site-specific NMOC concentration, until the calculated emission rate is equal to or greater than

fifty (50) megagrams per year or the landfill is closed. The revised

NMOC emission rate report, with the recalculated emission rate

based on NMOC sampling and analysis, shall be submitted within

one hundred eighty (180) days of the first calculated exceedance of

fifty (50) megagrams per year; and

2. If the owner or operator elects to recalculate the NMOC

emission rate after determining a site-specific methane generation

rate constant k, as provided in Tier 3 in paragraph (5)(A)4. of this

rule, and the resulting NMOC emission rate is less than fifty (50)

Mg/yr, annual periodic reporting shall be resumed. The resulting

site-specific methane generation rate constant k shall be used in the

emission rate calculation until such time as the emissions rate calculation results in an exceedance. The revised NMOC emission rate

report based on the provisions of paragraph (5)(A)4. of this rule and

the resulting site-specific methane generation rate constant k shall be

submitted to the director within one (1) year of the first calculated

emission rate exceeding fifty (50) megagrams per year;

(D) Each owner or operator of a controlled landfill shall submit a

closure report to the director within thirty (30) days of waste acceptance cessation. The director may request additional information as

may be necessary to verify that permanent closure has taken place in

accordance with the requirements of 40 CFR [part] 258.60 [(incorporated by reference)]. If a closure report has been submitted to

the director, no additional wastes may be placed into the landfill

without filing a notification of modification as described under 40

CFR [part] 60.7(a)(4) [(incorporated by reference)];

(F) Each owner or operator of a landfill seeking to comply with

paragraph (3)(B)2. of this rule using an active collection system

designed in accordance with subparagraph (3)(B)2.B. of this rule

shall submit to the director annual reports of the recorded information in paragraphs (8)(F)1. through 6. of this rule. The initial annual report shall be submitted within one hundred eighty (180) days of

installation and start-up of the collection and control system, and

shall include the initial performance test report required under 40

CFR [part] 60.8 [(incorporated by reference)]. For enclosed

combustion devices and flares, reportable exceedances are defined

under subsection (9)(C) of this rule.

1. Value and length of time for exceedance of applicable parameters monitored under subsections (7)(A), (B), (C), and (D) of this

rule.

2. Description and duration of all periods when the gas stream

is diverted from the control device through a bypass line or the indication of bypass flow as specified under section (7) of this rule.

3. Description and duration of all periods when the control

device was not operating for a period exceeding one (1) hour and

length of time the control device was not operating. 

4. All periods when the collection system was not operating in

excess of five (5) days. 

5. The location of each exceedance of the five hundred (500)

ppm methane concentration as provided in subsection (4)(D) of this

rule and the concentration recorded at each location for which an

exceedance was recorded in the previous month. 

6. The date of installation and the location of each well or collection system expansion added pursuant to paragraph (6)(A)3., subsection (6)(B), and paragraph (6)(C)4. of this rule; and

(G) Each owner or operator seeking to comply with subparagraph

(3)(B)2.A. of this rule shall include the following information with

the initial performance test report required under 40 CFR [part]

60.8 [(incorporated by reference)]:

1. A diagram of the collection system showing collection system

positioning including all wells, horizontal collectors, surface collectors, or other gas extraction devices, including the locations of any

areas excluded from collection and the proposed sites for the future

collection system expansion;

2. The data upon which the sufficient density of wells, horizontal collectors, surface collectors, or other gas extraction devices

and the gas mover equipment sizing are based;

3. The documentation of the presence of asbestos or nondegradable material for each area from which collection wells have

been excluded based on the presence of asbestos or nondegradable

material;

4. The sum of the gas generation flow rates for all areas from

which collection wells have been excluded based on nonproductivity

and the calculations of gas generation flow rate for each excluded

area; 

5. The provisions for increasing gas mover equipment capacity

with increased gas generation flow rate, if the present gas mover

equipment is inadequate to move the maximum flow rate expected

over the life of the landfill; and

6. The provisions for the control of off-site migration. 

(9) Record Keeping Requirements. Except as provided in part

(3)(B)2.A.(II) of this rule—

(B) Each owner or operator of a controlled landfill shall keep upto-date, readily accessible records for the life of the control equipment of the data listed in paragraphs (9)(B)1. through 4. of this rule

as measured during the initial performance test or compliance determination. Records of subsequent tests or monitoring shall be maintained for a minimum of five (5) years. Records of the control device

vendor specifications shall be maintained until removal. 

1. Where an owner or operator subject to the provisions of this

rule seeks to demonstrate compliance with subparagraph (3)(B)2.B.

of this rule—

A. The maximum expected gas generation flow rate as calculated in paragraph (6)(A)1. of this rule. The owner or operator

may use another method to determine the maximum gas generation

flow rate, if the method has been approved by the director and EPA;

and

B. The density of wells, horizontal collectors, surface collectors, or other gas extraction devices determined using the procedures

specified in paragraph (10)(A)1. of this rule.

2. Where an owner or operator subject to the provisions of this

rule seeks to demonstrate compliance with subparagraph (3)(B)2.C.

of this rule through use of an enclosed combustion device other than

a boiler or process heater with a design heat input capacity equal to

or greater than forty-four (44) megawatts— 

A. The average combustion temperature measured at least

every fifteen (15) minutes and averaged over the same time period of

the performance test; and

B. The percent reduction of NMOC determined as specified

in part (3)(B)2.C.(II) of this rule achieved by the control device. 

3. Where an owner or operator subject to the provisions of this

rule seeks to demonstrate compliance with subpart (3)(B)2.C.(II)(a)

of this rule through use of a boiler or process heater of any size—a

description of the location at which the collected gas vent stream is

introduced into the boiler or process heater over the same time period of the performance testing. 

4. Where an owner or operator subject to the provisions of this

rule seeks to demonstrate compliance with part (3)(B)2.C.(I) of this

rule through use of an open flare, the flare type (that is, steam-assisted, air-assisted, or nonassisted), all visible emission readings, heat

Page 2268 Proposed Rules

November 1, 2011

Vol. 36, No. 21
content determination, flow rate or bypass flow rate measurements,

and exit velocity determinations made during the performance test as

specified in 40 CFR [part] 60.18 [(incorporated by reference)];

continuous records of the flare pilot flame or flare flame monitoring

and records of all periods of operations during which the pilot flame

of the flare flame is absent;

(10) Specifications for Active Collection Systems.

(A) Each owner or operator seeking to comply with subparagraph

(3)(B)2.A. of this rule shall site active collection wells, horizontal

collectors, surface collectors, or other extraction devices at a sufficient density throughout all gas producing areas using the following

procedures unless alternative procedures have been approved by the

director and EPA as provided in parts (3)(B)2.A.(III) and (IV) of

this rule:

1. The collection devices within the interior and along the

perimeter areas shall be certified to achieve comprehensive control

of surface gas emissions by a professional engineer. The following

issues shall be addressed in the design: depths of refuse, refuse gas

generation rates and flow characteristics, cover properties, gas system expandability, leachate and condensate management, accessibility, compatibility with filling operations, integration with closure end

use, air intrusion control, corrosion resistance, fill settlement, and

resistance to the refuse decomposition heat;

2. The sufficient density of gas collection devices determined in

paragraph (10)(A)1. of this rule shall address landfill gas migration

issues and augmentation of the collection system through the use of

active or passive systems at the landfill perimeter or exterior; and

3. The placement of gas collection devices determined in paragraph (10)(A)1. of this rule shall control all gas producing areas,

except as provided by subparagraphs (10)(A)3.A. and B. of this rule.

A. Any segregated area of asbestos or nondegradable material may be excluded from collection if documentation is provided as

specified under subsection (9)(D)[.] of this rule. The documentation

shall provide the nature, date of deposition, location and amount of

asbestos or nondegradable material deposited in the area, and shall

be provided to the director upon request.

B. Any nonproductive area of the landfill may be excluded

from control, provided that the total of all excluded areas can be

shown to contribute less than one percent (1%) of the total amount

of NMOC emissions from the landfill. The amount, location, and

age of the material shall be documented and provided to the director

upon request. A separate NMOC emissions estimate shall be made

for each section proposed for exclusion, and the sum of all such sections shall be compared to the NMOC emissions estimate for the

entire landfill. Emissions from each section shall be computed using

the following equation:

Qi = 2 k Lo Mi (e-kti) (CNMOC) (3.6 × 10-9)

where,

Qi = NMOC emission rate from the ith section,

megagrams per year

k = methane generation rate constant, year-1

Lo = methane generation potential, cubic meters

per megagram solid waste

Mi = mass of the degradable solid waste in the ith

section, megagram

t

i = age of the solid waste in the ith section, years

CNMOC = concentration of nonmethane organic compounds, parts per million by volume

3.6 × 10-9 = conversion factor

C. The values for k[,] and CNMOC determined in field testing

shall be used, if field testing has been performed in determining the

NMOC emission rate or the radii of influence (the distance from the

well center to a point in the landfill where the pressure gradient

applied by the blower or compressor approaches zero). If field testing has not been performed, the default values for k, Lo, and CNMOC

provided in paragraph (5)(A)1. of this rule or the alternative values

from (5)(A)5. of this rule shall be used. The mass of nondegradable solid waste contained within the given section may be subtracted from the total mass of the section when estimating emissions provided the nature, location, age, and amount of the nondegradable

material is documented as provided in subparagraph (10)(A)3.A. of

this rule.

AUTHORITY: section 643.050, RSMo [Supp. 1998] 2000. Original

rule filed Jan. 14, 1997, effective Sept. 30, 1997. Amended: Filed

Oct. 7, 1999, effective July 30, 2000. Amended: Filed Sept. 26,

2011.

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

in the aggregate.

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

NOTICE OF PUBLIC HEARING AND NOTICE TO SUBMIT COMMENTS: A public hearing on this proposed amendment will begin

at 9:00 a.m., December 8, 2011. The public hearing will be held at

the Elm Street Conference Center, 1730 East Elm Street, Lower

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

Opportunity to be heard at the hearing shall be afforded any interested person. Interested persons, whether or not heard, may submit

a written or email statement of their views until 5:00 p.m., December

15, 2011. Written comments shall be sent to Chief, Air Quality

Planning Section, Missouri Department of Natural Resources’ Air

Pollution Control Program, PO Box 176, Jefferson City, MO 65102-

0176. Email comments shall be sent to apcprulespn@dnr.mo.gov.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

PROPOSED AMENDMENT

10 CSR 10-6.400 Restriction of Emission of Particulate Matter

from Industrial Processes. The commission proposes to amend the

rule purpose statement. 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 regulation restricts the emission of particulate matter in the source gas of an operation or activity except where 10 CSR

10-2.040, 10 CSR 10-3.060, 10 CSR 10-4.040, 10 CSR 10-5.030,

and/or 10 CSR 10-6.070 would be applied. The purpose of this rulemaking is to update the references to the area specific indirect heating rules with the new statewide consolidated indirect heating rule.

The evidence supporting the need for this proposed rulemaking, per

section 536.016, RSMo, is new rule 10 CSR 10-6.405, Restriction of

Particulate Matter Emissions From Fuel Burning Equipment Used For

Indirect Heating which replaces the area specific indirect heating

rules.

Page 2269 November 1, 2011

Vol. 36, No. 21 Missouri Register
(8) Reporting Requirements. Except as provided in part

(3)(B)2.A.(II) of this rule—

(B) Each owner or operator subject to the requirements of this rule

shall submit an NMOC emission rate report to the director initially

and annually thereafter, except as provided for in subparagraph

(8)(B)1.B. or paragraph (8)(B)3. of this rule. The director may

request such additional information as may be necessary to verify the

reported NMOC emission rate.

1. The NMOC emission rate report shall contain an annual or

five (5)-year estimate of the NMOC emission rate calculated using

the formula and procedures provided in subsection (5)(A) or (B) of

this rule, as applicable.

A. The initial NMOC emission rate report shall be submitted

within ninety (90) days of the rule effective date and may be combined with the initial design capacity report required in subsection

(8)(A) of this rule. Subsequent NMOC emission rate reports shall be

submitted annually thereafter, except as provided for in subparagraph

(8)(B)1.B. and paragraph (8)(B)3. of this rule.

B. If the estimated NMOC emission rate as reported in the

annual report to the director is less than twenty-five (25) megagrams

per year in each of the next five (5) consecutive years, the owner or

operator may elect to submit an estimate of the NMOC emission rate

for the next five (5)-year period in lieu of the annual report. This estimate shall include the current amount of solid waste-in-place and the

estimated waste acceptance rate for each year of the five (5) years for

which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based shall be provided to the director. This estimate shall be revised at least once every five (5) years.

If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the five (5)-year estimate, a revised

five (5)-year estimate shall be submitted to the director. The revised

estimate shall cover the five (5)-year period beginning with the year

in which the actual waste acceptance rate exceeded the estimated

waste acceptance rate. 

2. The NMOC emission rate report shall include all the data,

calculations, sample reports, and measurements used to estimate the

annual or five (5)-year emissions. 

3. Each owner or operator subject to the requirements of this

rule is exempted from the requirements of paragraphs (8)(B)1. and 2.

of this rule after the installation of a collection and control system in

compliance with paragraph (3)(B)2. of this rule, during such time as

the collection and control system is in operation and in compliance

with sections (4) and (6) of this rule. 

(9) Record-Keeping Requirements. Except as provided in part

(3)(B)2.A.(II) of this rule—

(A) Each owner or operator of an MSW landfill subject to the provisions of subsection (3)(B) of this rule shall keep for at least five (5)

years up-to-date, readily accessible, on-site records of the design

capacity report which triggered subsection (3)(B) of this rule, the

current amount of solid waste-in-place, and the year-by-year waste

acceptance rate. A longer period is acceptable if records are needed

for an unresolved enforcement action. Records may be maintained

off-site if they are retrievable within four (4) hours. Either paper copy

or electronic formats are acceptable;

(C) Each owner or operator of a controlled landfill subject to the

provisions of this rule shall keep for five (5) years up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored in section (7) of this rule as well as upto-date, readily accessible records for periods of operation during

which the parameter boundaries established during the most recent

performance test are exceeded.

1. The following constitute exceedances that shall be recorded

and reported under subsection (8)(F) of this rule:

A. For enclosed combustors except for boilers and process

heaters with design heat input capacity of forty-four (44) megawatts

(150 million British thermal units per hour) or greater, all three (3)-

hour periods of operation during which the average combustion temperature was more than twenty-eight degrees Celsius (28 °C) below

the average combustion temperature during the most recent performance test at which compliance with subparagraph (3)(B)2.C. of this

rule was determined; and

B. For boilers or process heaters, whenever there is a change

in the location at which the vent stream is introduced into the flame

zone as required under paragraph (9)(B)3. of this rule.

2. Each owner or operator subject to the provisions of this rule

shall keep up-to-date, readily accessible continuous records of the

indication of flow to the control device or the indication of bypass

flow or records of monthly inspections of car-seals or lock-and-key

configurations used to seal bypass lines, specified under section (7)

of this rule. 

3. Each owner or operator subject to the provisions of this rule

who uses a boiler or process heater with a design heat input capacity of forty-four (44) megawatts or greater to comply with subparagraph (3)(B)2.C. of this rule shall keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater.

(Examples of such records could include records of steam use, fuel

use, or monitoring data collected pursuant to other state or local regulatory requirements.)

4. Each owner or operator seeking to comply with the provisions of this rule by use of an open flare shall keep up-to-date, readily accessible continuous records of the flame or flare pilot flame

monitoring specified under subsection (7)(C) of this rule and up-todate, readily accessible records of all periods of operation in which

the flame or flare pilot flame is absent;

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation

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

10 CSR 10-6.020 Definitions and Common Reference Tables

is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2011 (36 MoReg 2246–2260). No changes have been made in the text

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

in the Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of

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

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation

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

Page 613 April 16, 2012

Vol. 37, No. 8 Missouri Register
April 16, 2012

Vol. 37, No. 8

10 CSR 10-6.310 is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on November 1,

2011 (36 MoReg 2260–2269). 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 five (5)

comments from three (3) sources on this rule amendment: a representative for the Missouri solid waste industry and the Environmental

Industry Association, an attorney representing the IESI Corporation,

and the U.S. Environmental Protection Agency (EPA).

Due to the similarity in the following two (2) comments, one (1)

response that addresses these comments is at the end of these two (2)

comments:

COMMENT #1: The representative for the Missouri solid waste

industry and the Environmental Industry Association commented that

the industry was not aware of this regulation until it was sent out electronically a few days before the Missouri Register came out. In the

future it is expected that programs within the department would make

each other aware of rulemakings in development so that involved

companies can work with staff a little earlier.

COMMENT #2: The attorney representing IESI Corporation commented that he echoed the comments made by the representative for

the solid waste industry about involving industry early on in rulemakings before seeing rule actions published in the Missouri

Register. However, the proposed amendments should be adopted to

bring Missouri into compliance with the federal laws. They believe

they are already in compliance with these proposed changes because

they already meet the federal New Source Performance Standards.

RESPONSE: The Air Program regrets these commenters were not

aware of this rulemaking earlier. This rulemaking simply updated

state rules for consistency with federal requirements. The Air

Program communicated the proposed rulemaking with industry in

general and other stakeholders via the Air Forum email listserv and

within the department through the rulemaking process prior to filing

with the secretary of state on September 26, 2011. The proposed

rulemaking was made available for public review and comment by

publishing in the Missouri Register and posting on the Air Program’s

Rulemakings on Public Notice webpage on November 1, 2011.

However, based on these comments the Air Program is evaluating

how to better communicate rulemakings with industry and other programs within the department beyond our current activities. No wording changes have been made to the rule text as a result of this comment.

COMMENT #3: EPA commented for rule 10 CSR 10-5.490 that a

reference to the Clean Air Act found in section (1) should be corrected to the Code of Federal Regulations.

RESPONSE AND EXPLANATION OF CHANGE: Since rule 10

CSR 10-6.310 also contains a similar reference to the Clean Air Act

in section (1) of the rule and both rule amendments were presented

together, EPA’s comment on 10 CSR 10-5.490 is also applicable to

10 CSR 10-6.310. Therefore, the last sentence in subsection (1)(D)

has been revised to reference the Code of Federal Regulations.

COMMENT #4: EPA commented that section (3) incorporates by

reference the Code of Federal Regulations (CFR) as of June 30th.

EPA believes the more appropriate date would be July 1st to specifically reference the Code of Federal Regulations compilation date.

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, subsection (3)(C) rule text has been revised to change

the June 30th date to July 1st.

COMMENT #5: EPA commented that subsection (3)(C) was added

and discusses incorporation by reference. The EPA does not believe

that the reference to 40 CFR 52.21, is relevant to this rule because

it relates to the Prevention of Significant Deterioration program and

is not relevant for municipal solid waste landfills. 

RESPONSE AND EXPLANATION OF CHANGE: As a result of

this comment, subsection (3)(C) rule text has been revised to indicate that certain references to the department should be used in place

of the federal counterpart for incorporating federal regulations in the

state rule.

10 CSR 10-6.310 Restriction of Emissions From Municipal Solid

Waste Landfills

(1) Applicability.

(D) For purposes of obtaining an operating permit under Title V

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

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

meters is not subject to the requirements to obtain an operating permit for the landfill under 40 Code of Federal Regulations (CFR) 70

or 71, unless the landfill is otherwise subject to either 40 CFR 70 or

71. For purposes of submitting a timely application for an operating

permit under 40 CFR 70 or 71, the owner or operator of an MSW

landfill subject to the rule with a design capacity greater than or

equal to two and one-half (2.5) million megagrams and two and onehalf (2.5) million cubic meters on the effective date of EPA approval

of the state’s program under section 111(d) of the Clean Air Act

(June 23, 1998), and not otherwise subject to either 40 CFR 70 or

71, becomes subject to the requirements of 40 CFR 70.5(a)(1)(i) or

71.5(a)(1)(i) ninety (90) days after the effective date of such 111(d)

program approval, even if the design capacity report is submitted earlier.

(3) Standards for Air Emissions from Municipal Solid Waste

Landfills. Provisions of 40 CFR 51, 40 CFR 52, 40 CFR 60, and 40

CFR 258 are incorporated by reference in subsection (3)(C) of this

rule. Also, the Compilation of Air Pollutant Emission Factors,

Volume I: Stationary Point and Area Sources, AP-42, Fifth Edition,

January 1995 (hereafter AP-42), as published by the Government

Printing Office, 732 North Capitol Street NW, Washington, DC

20401, shall apply and is hereby incorporated by reference, including Supplement E dated November 1998. This rule does not incorporate any subsequent amendments or additions.

(C) The specific citations of 40 CFR 51, 40 CFR 52, 40 CFR 60,

and 40 CFR 258 referenced in this rule and published July 1, 2011,

shall apply and are 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. Certain terms used in 40 CFR refer to federal

officers and agencies. The following terms applicable to Missouri

shall be substituted where appropriate for the delegable federal counterparts: Director shall be substituted for Administrator, and

Missouri Department of Natural Resources shall be substituted for

EPA, EPA Regional Office, or Environmental Protection Agency:

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 6—Air Quality Standards, Definitions, Sampling

and Reference Methods and Air Pollution Control 

Regulations for the Entire State of Missouri

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation Commission

under section 643.050, RSMo Supp. 2011, the commission amends a

rule as follows:

Page 614 Orders of Rulemaking