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 of Natural 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 CommissionB. 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 bepermanent or the time frame for the reductions must be specified. F. The federal agency must document the emissions reductions and provide a copyof 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 thisrule 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), stateand 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 proposedaction 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’sOffice of Air Quality Planning and Standards.

(B) A federal agency must notify the appropriate EPA regional office(s), state andlocal 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 informationannex 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 greaterand 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 theentire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.This note applies only to the reference material. The entire text of the rule is printed
here.

(1) Applicability.

(A) This rule applies to each municipalsolid 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 capacityavailable 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

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

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6operating permit for the landfill under 40 Code of Federal Regulations (CFR) 70 or 71, unless the landfill is otherwise subject toeither 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 orequal 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 CFR70 or 71, becomes subject to the requirements of 40 CFR 70.5(a)(1)(i) or71.5(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 CFR70 or 71 and if either of the following conditions is met: 1. The landfill was never subject to arequirement for a control system under section (3) of this rule; or2. The owner or operator meets the conditions for control system removal specified in section 60.752(b)(2)(v) of 40 CFR 60, 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, shallapply 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 initialdesign capacity report to the director as provided in subsection (8)(A) of this rule. The landfill may calculate design capacity ineither 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) millionmegagrams 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 greaterthan 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 reportto 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 collectionand control system in compliance with paragraph (3)(B)2. of this rule. (II) If the landfill is permanentlyclosed, 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 rateis equal to or greater than fifty (50) megagrams per year, the owner or operator shall—
A. Submit a collection and controlsystem 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 berequired 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 provisionsof 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 insection (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, horizontaltrenches 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 rulewithin 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 controlover 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 Commissionthe 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 byvolume 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 beoperated 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, thecalculated 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; andF. The planning, awarding of contracts, and installation of MSW landfill air emission collection and control equipment capable of meeting the emission standards insubsection (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 applicableto 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 submittedwith 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 thecollection 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 lessthan 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 elevatedparameter 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 testmethod 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

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

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6E. 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 concentration 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 oroperator 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 rationalefor 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 theevent 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 subsection (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 L

o , and
four thousand (4,000) parts per million by
volume as hexane for the C NMOC . For landfills located in geographical areas with a thirty (30)-year annual average precipitation ofless 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 wasteacceptance rate is known. The mass of nondegradable solid waste may be subtractedfrom the total mass of solid waste in a particular section of the landfill when calculating
the value for M i if the documentation of the

nature and amount of such wastes is maintained.

n

M NMOC = ∑ 2kL

o M i (e-kti) (C NMOC) (3.6 × 10 -9)

i=1 where,

M NMOC = Total NMOC emission rate from the landfill,

megagrams per year k = methane generation rate
constant, year-1

L

o = methane generation potential, cubic meters per megagram solid

waste
M i = mass of solid waste in the

ith section, megagrams

ti = age of the ith section,

years C NMOC = concentration of NMOC, parts per million by

volume as hexane

3.6 × 10 -9 = conversion factor

B. The following equation shall be usedif 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 whencalculating a value for R, if the documentation provisions of paragraph (9)(D)2. of this
rule are followed.

M NMOC = 2 L

o R (e-kc − e-kt)

(C NMOC) (3.6 × 10 -9)

where,

M NMOC = mass emission rate of
NMOC, megagrams per

year L

o = 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

C NMOC = 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 shallcompare 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 shouldbe 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 25Csampling procedure. Taking composite samples from different probes into a single cylinder is allowed; however, equal sample volumesmust 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 Commissionsmaller volumes. Terminate compositingbefore the cylinder approaches ambient pressure where measurement accuracy diminishes. If using Method 18, the minimum list ofcompounds 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 C NMOC 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 C NMOC as carbon to C NMOC as hexane. If the landfill has
an active or passive gas removal system in place, Method 25 or 25C samples may becollected from these systems instead of surface probes provided the removal system canbe 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 commonheader 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 emissionrate 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 ratecalculated 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 determinethe site-specific methane generation rate constant and recalculate the NMOC emissionrate 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 ruleand 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 NMOCmass emission rate using equations in subparagraph (5)(A)1.A. or B. of this rule and using a site-specific methane generation rateconstant 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 NMOCis 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 theNMOC mass emission rate annually, as provided in paragraph (8)(B)1. of this rule using the equations in paragraph (5)(A)1. of thisrule and using the site-specific methane generation rate constant and NMOC concentration obtained in paragraph (5)(A)3. of thisrule. The calculation of the methane generation rate constant is performed only once,
and the value obtained from this test shall beused 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 collectionand 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:

M NMOC = (1.89 × 10 -3) (Q LFG) (C NMOC)

where,

M NMOC = mass emission rate of
NMOC, megagrams per

year Q LFG = flow rate of landfill gas,
cubic meters per minute

C NMOC = NMOC concentration,
parts per million by

volume as hexane 1. The flow rate of landfill gas, Q LFG , shall be determined by measuring the total landfill gas flow rate at the common header pipe that leads to the control device using agas 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,
C NMOC , 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 oroperator shall divide the NMOC concentration from Method 25C by six (6) to convert
from C NMOC as carbon to C NMOC 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 or52.21 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 placeof 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 = (NMOC in −
NMOC out)/(NMOC in)

where,

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

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6NMOC in = mass of NMOC entering

control device

NMOC out = 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 L

o 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 isthe age of the landfill plus the estimated number of years until closure.A. For sites with unknown year-toyear solid waste acceptance rate—

Q

m = 2L

o R (e-kc − e-kt)

where, Q

m = maximum expected gas generation flow rate, cubic meters

per year L

o = methane generation potential, cubic meters per megagram
solid waste R = average annual acceptance rate,

megagrams per yeark = 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
Q

m = 

# ∑ 2 k L

o M i (e-kti)

i=1 where, Q

m = maximum expected gas generation flow rate, cubic meters

per yeark = methane generation rate constant, year-1

L

o = methane generation potential, cubic meters per megagram
solid waste

M i = mass of solid waste in the ith section, megagrams

ti = 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 gasgeneration 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 measuredflow 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 usedto 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 thisrule, 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 sufficientto meet all operational and performance standards; 3. For the purpose of demonstrating whether the gas collection system flow rate issufficient 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 causeexceedances 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 temperatureand 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 initialexceedance. 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 methaneoperational 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 amonitored 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 isnot 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 ofeach 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 locationshows 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 initialexceedance. 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 anexceedance, 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 asupgrading the blower, header pipes, or control device, and a corresponding timeline for installation may be submitted to the director for approval; and5. 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 immediatelybefore commencing a surface monitoring survey.

(E) The provisions of this rule apply at alltimes, 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 gascollection 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 landfillgas 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 thisrule using an enclosed combustor shall calibrate, maintain, and operate according to the manufacturer’s specifications, the following equipment: 1. A temperature monitoring deviceequipped 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 theclosed position with a car-seal or a lock-andkey type configuration. A visual inspection ofthe 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 subparagraph (3)(B)2.C. of thisrule using an open flare shall install, calibrate, maintain, and operate according to the manufacturer’s specifications 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—

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

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6A. 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 theclosed position with a car-seal or a lock-andkey type configuration. A visual inspectionof 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) ofthis 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 theinstrument 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) consecutive 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 therequirements 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 designcapacity is specified in the state or local construction permit, a copy of the permit specifying the maximum design capacity may besubmitted as part of the report. If the maximum design capacity of the landfill is not specified in the permit, the maximum designcapacity 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 areaor depth of the landfill, a change in the operating procedures, or any other means which results in an increase in the maximum designcapacity of the landfill above two and onehalf (2.5) million megagrams and two and one-half (2.5) million cubic meters. Theamended design capacity report shall be submitted within ninety (90) days of the issuanceof 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 theformula 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) consecutiveyears, 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 basedshall 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 ratein 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 thisrule 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 inparagraph (5)(A)3. of this rule and the resulting rate is less than fifty (50) megagrams per year, annual periodic reporting shall beresumed, 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 emis sion 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 Commissionreport, 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 afterdetermining 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 thedirector 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 mayrequest additional information as may be necessary to verify that permanent closure hastaken place in accordance with the requirements of 40 CFR 258.60. If a closure reporthas 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 toremoval 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 demonstrating 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 thedirector 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 forexceedance 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 ofthe 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 systemshowing 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 sufficientdensity 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 moverequipment is inadequate to move the maximum flow rate expected over the life of the landfill; and6. 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. Eitherpaper copy or electronic formats are acceptable;

(B) Each owner or operator of a controlledlandfill 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 theinitial performance test or compliance determination. Records of subsequent tests ormonitoring shall be maintained for a minimum of five (5) years. Records of the controldevice vendor specifications shall be maintained until removal. 1. Where an owner or operator subjectto 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 gasextraction devices determined using the procedures specified in paragraph (10)(A)1. of
this rule. 2. Where an owner or operator subjectto the provisions of this rule seeks to demonstrate compliance with subparagraph

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

## Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods and Air Pollution Control Regulations for the Entire State of Missouri 10 CSR 10-6(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 subjectto 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—adescription 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 subjectto 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, theflare type (that is, steam-assisted, air-assisted, or nonassisted), all visible emission readings, heat content determination, flow rate or bypass flow rate measurements, and exitvelocity 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 ruleshall 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 unitsper hour) or greater, all three (3)-hour periods of operation during which the averagecombustion temperature was more than twenty-eight degrees Celsius (28 °C) below the average combustion temperature during themost 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 ofmonthly 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 orprocess 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 provisions of this rule by useof an open flare shall keep up-to-date, readily accessible continuous records of the flame or flare pilot flame monitoring specifiedunder 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 lifeof the collection system an up-to-date, readily accessible plot map showing each existingand 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 installationdate 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 wasteexcluded from collection as provided in subparagraph (10)(A)3.A. of this rule as well asany 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 insection (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 thedefinition 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 thisrule shall site active collection wells, horizontal collectors, surface collectors, or other extraction devices at a sufficient density throughout all gas producing areas using thefollowing 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 generationrates and flow characteristics, cover properties, gas system expandability, leachate andcondensate 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 Commissionin the area, and shall be provided to the director upon request. B. Any nonproductive area of thelandfill 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 andprovided to the director upon request. A separate NMOC emissions estimate shall bemade 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:

Q i = 2 k L

o M i (e-kti) (C NMOC)

(3.6 × 10 -9) where, Q i = NMOC emission rate
from the i th section,

megagrams per year k = methane generation rate
constant, year-1

L

o = methane generation potential, cubic meters per megagram solid waste

M i = mass of the degradable
solid waste in the i th section, megagram

ti = age of the solid waste in
the ith section, years

C NMOC = concentration of nonmethane organic compounds, parts per million by volume
3.6 × 10-9 = conversion factor

C. The values for k and C NMOC 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, L

o , and

C NMOC 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 projectedamounts of gases; withstand installation, static, and settlement forces; and withstandplanned overburden or traffic loads. The collection system shall extend as necessary to comply with emission 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 underlying 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 perforations 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 necessary seals and couplings, access couplings and at least one (1) sampling port.

The collection devices shall be constructed of PVC, HDPE, fiberglass, stainless steel, orother nonporous material of suitable thickness.

(C) Each owner or operator seeking to comply with part (3)(B)2.A.(I) of this ruleshall 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 gasgeneration flow rate expected over the intended use period of the gas moving equipment using the following procedures: 1. For existing collection systems, theflow 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 structureused to produce charcoal by controlled burning (pyrolysis) of wood. Retorts and furnaces used for charcoal production are not charcoal
kilns.

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

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

## 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 Em i ssions from Municipal Solid
Waste Landfills is hereby AMENDED 

## by the Missouri Air Conservation
Commission this 2nd day of February, 2012

.

# &ili2@~ , Chairman

, Vice Chairman

# 2(bbf(~**=-lf-'-' aA** **"-=-'----'<.~ =---->-C** **~--,** Member

# =r?---'**(f3**

# -."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:

1 st 

## insertion, No.

________ 6_th

___ day of

___ N_o_v_e_m_b_e_r

___ , 20

__ 1_1

__

2 nd 

## insertion, No.

__________ day of

, 20

____

3 rd 

## 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**------~-----,** 

# furb aJril.

# ~!**ieJiw r.** **e.tQ** BARBARA KLIETHERMES Notary Public· State d**~1;'** ,'uri 

# P bl ' 

# N otary U lC' My Commission

### EX~i'e" MatCh 3,2013
Col e County Commiss ion #09529328 

## My 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 coveredemission inventory for the applicable project. 70. Protocol—A replicable and workable method to estimate the mass of emissions reductions, or the amount of ERCs needed for compliance. 71. Public vehicle—Any motor vehicle, other than a passenger vehicle, and any trailer, semi-trailer, or pole trailer drawn by such amotor vehicle, which is designed, used, and maintained for the transportation of persons or property at the public expense and under public control. 72. Publication rotogravure printing—Rotogravure printing upon paper which is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements, and other types of printed materials. 73. Pushing operation—The process of removing coke from the coke oven. The coke-pushing operation begins when the coke-side oven door is removed and is completed when the hot car enters the quench tower and the coke-side oven door is replaced. 74. Pyrolysis—The endothermic gasification of hospital waste and/or medical/infectious waste using external energy.

AUTHORITY: section 643.050 and 643.055, RSMo 2000. Originalrule filed Aug. 16, 1977, effective Feb. 11, 1978. For intervening history, please consult the Code of State Regulations . Amended: Filed Sept. 16, 2011.

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

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

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



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

PROPOSED AMENDMENT

10 CSR 10-6.310 Restriction of Emissions from Municipal Solid
Waste Landfills . The commission proposes to amend subsections (1)(D) and (1)(E); amend sections (2), (3), and (5); add subsection (3)(C); amend subsections (4)(B), (4)(C), (6)(A), (6)(C), (6)(D), (7)(A), (7)(B), (7)(D), (7)(E), (8)(A) through (8)(D), (8)(F), (8)(G), (9)(B), and (10)(A). If the commission adopts this rule action, it will be the department’s intention to submit this rule amendment to the U.S. Environmental Protection Agency to replace the current rule that is in the Missouri State Implementation Plan. The evidence supporting the need for this proposed rulemaking is available for viewing at the Missouri Department of Natural Resources’ Air Pollution Control Program at the address listed in the Notice of Public Hearing at the end of this rule. More information concerning this rulemaking can be found at the Missouri Department of Natural Resources’ Environmental Regulatory Agenda website, www.dnr.mo.gov/regs/index.html.

PURPOSE: This rule requires owners of municipal solid waste landfills to report their landfill’s design capacity and non-methane organic compound (NMOC) emissions. Landfills having design capacities of two and one-half (2.5) million cubic meters or greater and NMOC emission rates of fifty (50) megagrams or greater shall design,install, and operate a gas collection and control system. This amendment is to maintain consistency with federal emission guidelines for existing municipal solid waste landfills promulgated as 40 CFR 60,Subpart Cc. The evidence supporting the need for this proposed rulemaking, per section 536.016, RSMo, are Federal Register updates published on April 10, 2000, October 17, 2000, and September 21,
2006.

(1) Applicability.

(D) For purposes of obtaining an operating permit under Title Vof the Clean Air Act, the owner or operator of an MSW landfill subject to this rule with a design capacity less than two and one-half (2.5) million megagrams or two and one-half (2.5) million cubicmeters is not subject to the requirements to obtain an operating permit for the landfill under 40 Code of Federal Regulations (CFR) [part] 70 or 71, unless the landfill is otherwise subject to either 40
CFR [part] 70 or 71. For purposes of submitting a timely application for an operating permit under 40 CFR [part] 70 or 71, the owner or operator of an MSW landfill subject to the rule with adesign capacity greater than or equal to two and one-half (2.5) million megagrams and two and one-half (2.5) million cubic meters onthe effective date of EPA approval of the state’s program under section 111(d) of the Clean Air Act (June 23, 1998), and not otherwise subject to either 40 CFR [part] 70 or 71, becomes subject to the requirements of section 70.5(a)(1)(i) or 71.5(a)(1)(i) of the Clean Air Act ninety (90) days after the effective date of such 111(d) program approval, even if the design capacity report is submitted earlier.

(E) When an MSW landfill subject to this rule is closed, the owner or operator is no longer subject to the requirement to maintain an operating permit under 40 CFR [part] 70 or 71 for the landfill if the landfill is not otherwise subject to the requirements of either 40 CFR [part] 70 or 71 and if either of the following conditions is met: 1. The landfill was never subject to a requirement for a control system under section (3) of this rule; or2. The owner or operator meets the conditions for control system removal specified in section 60.752(b)(2)(v) of 40 CFR 60, [s]Subpart WWW.

(2) Definitions. Definitions of certain terms specified in this rule may be found in 10 CSR 10-6.020. [Additional definitions are as
follows:

(A) Active collection system—A gas collection system that uses gas mover equipment;

(B) Active landfill—A landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future;

(C) Closed landfill—A landfill in which solid waste is no longer being placed, and in which no additional solid wasteswill be placed without first filing a notification of modification as prescribed under 40 Code of Federal Regulations (CFR) part 60.7(a)(4) (incorporated by reference). Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer
closed.

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

(E) Commercial solid waste—All types of solid waste generated by stores, offices, restaurants, warehouses, and othernonmanufacturing activities, excluding residential and industrial wastes; 

## Page 2260 Proposed Rules November 1, 2011 Vol. 36, No. 21(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 themost 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 thantwo 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 componentlocated 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 operatorcommences 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 wastewatertreatment 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 wastewatertreatment plant, water supply treatment plant, or air pollution control facility and other discarded material, includingsolid, 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, orsolid 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 RegisterThis 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 massor 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 specifiedin 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 orexceeds fifty (50) megagrams per year, unless Tier 2 or Tier 3 sampling under section (5) of this rule demonstrates that the emissionrate 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 overthe intended use period of the gas control or treatment system equipment; (b) Collect gas from each area, cell, or group of cells inthe 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 byninety-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 hundredeighty (180) days after the initial startup of the approved control system usin g 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 ruleshall 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 asof 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 PennsylvaniaAvenue 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. Eachowner 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 0.05per year for k, one hundred seventy (170) cubic meters per megagram for L

o , and four thousand (4,000) parts per million by volume
as hexane for the C NMOC . For landfills located in geographical areaswith 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

M i if the documentation of the nature and amount of such wastes is
maintained. 

## Page 2263 November 1, 2011 Vol. 36, No. 21 

### Missouri Registern M NMOC = ∑ 2kL

o M i (e-kti) (C NMOC) (3.6 × 10 -9)
i=1

where,

M NMOC = Total NMOC emission rate from the landfill, megagrams per year k = methane generation rate constant, year -1

L

o = methane generation potential, cubic meters per megagram solid waste

M i = mass of solid waste in the ith section, megagrams

ti = age of the ith section, years
C NMOC = 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.

M NMOC = 2 L

o R (e-kc − e-kt) (C NMOC) (3.6 × 10 -9)

where,

M NMOC = mass emission rate of NMOC, megagrams per year

L

o = 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
C NMOC = 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. Theowner 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 C NMOC 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 C NMOC as carbon to C NMOC 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 beshown 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 theNMOC 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. 21generation 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:

M NMOC = (1.89 × 10 -3) (Q LFG) (C NMOC)

where,

M NMOC = mass emission rate of NMOC, megagrams per year Q LFG = flow rate of landfill gas, cubic meters per minute
C NMOC = NMOC concentration, parts per million by volume as
hexane

1. The flow rate of landfill gas, Q LFG , 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, C NMOC , 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 bebefore 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 C NMOC as carbon to C NMOC 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 Ashall 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 = (NMOC in − NMOC out)/(NMOC in) where,

NMOC in = mass of NMOC entering control device
NMOC out = 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 withsubpart (3)(B)2.B.(I)(a) of this rule, one (1) of the following equations shall be used. The k and L

o 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 nomore 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—

Q

m = 2L

o R (e-kc − e-kt)

where, Q

m = maximum expected gas generation flow rate, cubic
meters per year L

o = 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
Q

m = 

# ∑ 2 k L

o M i (e-kti)

i=1 

## Page 2265 November 1, 2011 Vol. 36, No. 21 

### Missouri Registerwhere, Q

m = maximum expected gas generation flow rate, cubic
meters per year k = methane generation rate constant, year -1

L

o = methane generation potential, cubic meters per megagram solid waste

M i = mass of solid waste in the ith section, megagrams

ti = 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 othermethods 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 thelandfill 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 monitoreach 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 compliancewith 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 establishedspacing) 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) ormore 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 methaneabove 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 untilthe 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 controldevice, and a corresponding timeline for installation may be submitted to the director for approval; and5. 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. 21evaluation 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 shallinstall 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 continuousrecorder 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 notrequired 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 thanan open flare or an enclosed combustor shall provide information satisfactory to the director as provided in part (3)(B)2.A.(II) of this ruledescribing 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 orseeking 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, andappropriate 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 maybe landfilled according to the provisions of the state or local construction or operating permit; and B. The maximum design capacity of the landfill. Where themaximum 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 maximumdesign 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 thereport. 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 thepermitted 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 submittedwithin ninety (90) days of the rule effective date and may be combined with the initial design capacity report required in subsection (8)(A) of this rule. Subsequent NMOC emission rate reports shallbe 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 peryear in each of the next five (5) consecutive years, the owner or operator may elect to submit an estimate of the NMOC emission rate forthe 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 Registerin 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 beresumed, 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 aclosure 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 ruleshall 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 streamis 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 systempositioning 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 ruleas 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 isintroduced 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 thisrule 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. 21content 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, horizontalcollectors, 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 gasgeneration 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; and3. 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 madefor 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:

Q i = 2 k L

o M i (e-kti) (C NMOC) (3.6 × 10 -9)

where, Q i = NMOC emission rate from the ith section,

megagrams per year k = methane generation rate constant, year -1

L

o = methane generation potential, cubic meters per megagram solid waste

M i = mass of the degradable solid waste in the ith section, megagram

ti = age of the solid waste in the ith section, years
C NMOC = concentration of nonmethane organic compounds, parts per million by volume
3.6 × 10 -9 = conversion factor

C. The values for k[,] and C NMOC 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 gradientapplied by the blower or compressor approaches zero). If field testing has not been performed, the default values for k, L

o , and C NMOC provided in paragraph (5)(A)1. of this rule or the alternative valuesfrom (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 thatis 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 submittedwithin ninety (90) days of the rule effective date and may be combined with the initial design capacity report required in subsection (8)(A) of this rule. Subsequent NMOC emission rate reports shall be submitted annually thereafter, except as provided for in subparagraph (8)(B)1.B. and paragraph (8)(B)3. of this rule. B. If the estimated NMOC emission rate as reported in the annual report to the director is less than twenty-five (25) megagrams per year in each of the next five (5) consecutive years, the owner or operator may elect to submit an estimate of the NMOC emission ratefor the next five (5)-year period in lieu of the annual report. This estimate shall include the current amount of solid waste-in-place and the estimated waste acceptance rate for each year of the five (5) years for
which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based shall be provided to the director. This estimate shall be revised at least once every five (5) years.If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the five (5)-year estimate, a revised five (5)-year estimate shall be submitted to the director. The revised estimate shall cover the five (5)-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated
waste acceptance rate. 2. The NMOC emission rate report shall include all the data, calculations, sample reports, and measurements used to estimate the annual or five (5)-year emissions. 3. Each owner or operator subject to the requirements of this rule is exempted from the requirements of paragraphs (8)(B)1. and 2. of this rule after the installation of a collection and control system in compliance with paragraph (3)(B)2. of this rule, during such time as the collection and control system is in operation and in compliance with sections (4) and (6) of this rule.

(9) Record-Keeping Requirements. Except as provided in part (3)(B)2.A.(II) of this rule—

(A) Each owner or operator of an MSW landfill subject to the provisions of subsection (3)(B) of this rule shall keep for at least five (5) years up-to-date, readily accessible, on-site records of the design capacity report which triggered subsection (3)(B) of this rule, the current amount of solid waste-in-place, and the year-by-year waste acceptance rate. A longer period is acceptable if records are needed for an unresolved enforcement action. Records may be maintained off-site if they are retrievable within four (4) hours. Either paper copy or electronic formats are acceptable;

(C) Each owner or operator of a controlled landfill subject to theprovisions of this rule shall keep for five (5) years up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored in section (7) of this rule as well as upto-date, readily accessible records for periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. 1. The following constitute exceedances that shall be recorded and reported under subsection (8)(F) of this rule: A. For enclosed combustors except for boilers and process heaters with design heat input capacity of forty-four (44) megawatts (150 million British thermal units per hour) or greater, all three (3)-hour periods of operation during which the average combustion temperature was more than twenty-eight degrees Celsius (28 °C) belowthe average combustion temperature during the most recent performance test at which compliance with subparagraph (3)(B)2.C. of this rule was determined; and B. For boilers or process heaters, whenever there is a change
in the location at which the vent stream is introduced into the flame zone as required under paragraph (9)(B)3. of this rule. 2. Each owner or operator subject to the provisions of this rule shall keep up-to-date, readily accessible continuous records of the indication of flow to the control device or the indication of bypass flow or records of monthly inspections of car-seals or lock-and-key configurations used to seal bypass lines, specified under section (7)
of this rule. 3. Each owner or operator subject to the provisions of this rulewho uses a boiler or process heater with a design heat input capacity of forty-four (44) megawatts or greater to comply with subparagraph (3)(B)2.C. of this rule shall keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater. (Examples of such records could include records of steam use, fueluse, or monitoring data collected pursuant to other state or local regulatory requirements.)4. Each owner or operator seeking to comply with the provisions of this rule by use of an open flare shall keep up-to-date, readily accessible continuous records of the flame or flare pilot flamemonitoring specified under subsection (7)(C) of this rule and up-todate, readily accessible records of all periods of operation in which the flame or flare pilot flame is absent;



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

ORDER OF RULEMAKING

By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows:

10 CSR 10-6.020 Definitions and Common Reference Tables
is amended

.

A notice of proposed rulemaking containing the text of the proposed amendment was published in the Missouri Register on November 1, 2011 (36 MoReg 2246–2260). No changes have been made in the textof the proposed amendment, so it is not reprinted here. This proposed amendment becomes effective thirty (30) days after publication
in the Code of State Regulations

.

SUMMARY OF COMMENTS: The Missouri Department ofNatural Resources’ Air Pollution Control Program received no comments on the proposed amendment.



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

ORDER OF RULEMAKING

By the authority vested in the Missouri Air ConservationCommission under section 643.050, RSMo Supp. 2011, the commission amends a rule as follows: 

## Page 613 April 16, 2012 Vol. 37, No. 8 

### Missouri RegisterApril 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 thatthe 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 forthe 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 evaluatinghow 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 areference 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 ofthis 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 Vof the Clean Air Act, the owner or operator of an MSW landfill subject to this rule with a design capacity less than two and one-half (2.5) million megagrams or two and one-half (2.5) million cubicmeters is not subject to the requirements to obtain an operating permit for the landfill under 40 Code of Federal Regulations (CFR) 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 orequal 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, DC20401, 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 Missourishall 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