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

T OF NATURAL RESOURCES 


www.dnr.mo.gov 

MAY - 4 2012 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

901 North Fifth Street 

Kansas City, KS 66101 

Dear Mr. Brooks: 

The Missouri Air Conservation Commission has recently revised or promulgated the 

following regulation(s) for the Missouri State Implementation Plan (SIP). The following 

is enclosed for your review: 

10 CSR 10-5.130 Certain Coals to be Washed 

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

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

was adopted by the Missouri Air Conservation Commission on June 30, 2011. 

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 SIP submittal elements for 

determination of plan completeness per 40 CFR Part 51, Appendix V. 

The Missouri Department of Natural Resources requests that the U.S. Environmental 

Protection Agency amend the SIP to replace the current rule(s) in the SIP. 

Compliant with the April 6, 2011 SIP 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. 

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

o RC('~ cI('d Pa per 
Mr. Karl Brooks 

Page Two 

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


Program at P.O. Box 176, Jefferson City, MO 65lO2 or by phone at (573) 751-7840. 


Sincerely, 


AIR POLLUTION CONTROL PROGRAM 


Director 

KLM:abc 

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 ofMO Reg proposed rulemaking 

Copy ofMO Reg order of rule making with comments/responses 

c: Missouri Air Conservation Commission 
10 CSR 10-5.090 Restriction of Emission of

Visible Air Contaminants 

(Rescinded May 30, 2000)

AUTHORITY: section 643.050, RSMo 1994.*

Original rule filed March 14, 1967, effective

March 24, 1967. Amended: Filed Jan. 14,

1977, effective July 11, 1977. Rescinded:

Filed Sept. 15, 1999, effective May 30, 2000.

10 CSR 10-5.100 Preventing Particulate

Matter From Becoming Airborne

(Rescinded September 28, 1990)

AUTHORITY: section 203.050, RSMo 1986.

Original rule filed March 14, 1967, effective

March 24, 1967. Amended: Filed June 30,

1975, effective July 10, 1975. Amended:

Filed May 11, 1984, effective Oct. 11, 1984.

Rescinded: Filed March 5, 1990, effective

Sept. 28, 1990.

10 CSR 10-5.110 Restrictions of Emission

of Sulfur Dioxide for Use of Fuel

(Rescinded July 30, 1997)

AUTHORITY: section 643.050, RSMo 1986.

Original rule filed March 14, 1967, effective

March 24, 1967. Amended: Filed Sept. 14,

1978, effective April 12, 1979. Rescinded:

Filed Dec. 13, 1996, effective July 30, 1997.

10 CSR 10-5.120 Information on Sales of

Fuels to be Provided and Maintained

PURPOSE: This rule provides that information pertaining to the sale of coal or residual

fuel oil shall be maintained and provided

upon request. 

(1) Tickets to be Furnished and Retained.

After thirty (30) days from the effective date

of this regulation (April 24, 1976), every

delivery of coal or residual fuel oil when first

delivered to a consumer or wholesaler in the

St. Louis metropolitan area must be accompanied by a ticket prepared in triplicate and

containing at least the name and address of

the seller and the buyer and the source of the

fuel. Tickets on delivery of coal shall also

show the ash content of the coal. One (1)

copy of each ticket shall be kept by the person delivering the fuel and be retained for

one (1) year; one (1) copy is to be given to

the recipient of the fuel to be retained for one

(1) year; and upon request, within thirty (30)

days after delivery of the fuel, the delivering

party shall mail one (1) copy to the Air

Conservation Commission. 

(2) Lists May Be Published. The director is

authorized to publish lists of approved

sources or other descriptive lists of fuels

available in the area which meet the requirements of this regulation. 

AUTHORITY: section 643.050, RSMo 1994.*

Original rule filed March 14, 1967, effective

March 24, 1967.

*Original authority: 643.050, RSMo 1965, amended

1972, 1992, 1993.

Op. Atty. Gen. No. 331, Shell (11-15-71).

The Missouri Air Conservation Commission

does not have any specific authority to

require the installation of emission monitoring devices, but does have the authority to

require reports from sources of air pollution

relating to rate, period of emission and composition of effluent, and to make such information available to the public, unless any

such information is “confidential” as defined

by section 203.050.4, RSMo (1969). The

Missouri Air Conservation Commission has

the authority under Chapter 203, RSMo

(1969) to adopt emission control regulations,

including limitations on the content of fuels,

which will attain and maintain national air

quality standards, if the state standards are

the same or more stringent.

10 CSR 10-5.130 Certain Coals to be

Washed 

PURPOSE: This rule provides that specified

coals shall be cleaned by washing prior to

their sale or use. 

(1) Certain Coals to be Washed. After

December 1, 1968, it shall be unlawful for

any person to import, sell, offer for sale,

expose for sale, exchange, deliver or transport for use and consumption in the St. Louis

metropolitan area or to use or consume in the

area any coal which as mined contains in

excess of two percent (2%) sulfur or twelve

percent (12%) ash calculated as described in

10 CSR 10-5.110, unless it shall have been

cleaned by a process known as washing so

that it shall contain no more than twelve percent (12%) ash on a dry basis. The term

washing is meant to include purifying, cleaning or removing impurities from coal by

mechanical process, regardless of the cleaning medium used. 

(2) Samples May Be Taken. The director is

authorized to take or cause or to have taken

samples of any coal at any reasonable time or

place for purposes of determining compliance

with this regulation. 

(3) Exception. This regulation shall not apply

if a person proposing to use unwashed coal

can show that the emission of sulfur dioxide

from the plant in which the coal is to be

burned will not exceed two and three-tenths

(2.3) pounds of sulfur dioxide per million

British thermal units of heat input to the

installation and that emission of particulate

matter will be no more than that allowed in

10 CSR 10-6.405.

AUTHORITY: section 643.050, RSMo Supp.

2011.* Original rule filed March 14, 1967,

effective March 24, 1967. Amended: Filed

Sept. 16, 2011, effective May 30, 2012.

*Original authority: 643.050, RSMo 1965, amended

1972, 1992, 1993, 2011.

10 CSR 10-5.140 Emission of Certain

Settleable Acids and Alkaline Substances

Restricted 

(Rescinded February 11, 1978) 

AUTHORITY: section 203.050, RSMo 1969.

Original rule filed March 14, 1967, effective

March 24, 1967. Rescinded: published Sept.

1, 1977, effective Feb. 11, 1978.

10 CSR 10-5.150 Emission of Certain

Sulfur Compounds Restricted

(Rescinded July 30, 1997)

AUTHORITY: section 643.050, RSMo 1996.

Original rule filed March 14, 1967, effective

March 24, 1967. Amended: Filed Aug. 11,

1978, effective March 11, 1979. Rescinded:

Filed Dec. 13, 1996, effective July 30, 1997.

10 CSR 10-5.160 Control of Odors in the

Ambient Air 

(Rescinded November 30, 2010)

AUTHORITY: section 643.050, RSMo 2000.

Original rule filed March 14, 1967, effective

March 24, 1967. Amended: Filed Aug. 15,

1983, effective Jan. 13, 1984. Amended:

Filed Nov. 2, 1998, effective July 30, 1999.

Amended: Filed Feb. 14, 2003, effective Sept.

30, 2003. Amended: Filed Dec. 4, 2006,

effective July 30, 2007. Rescinded: Filed

April 14, 2010, effective Nov. 30, 2010.

10 CSR 10-5.170 Control of Odors From

Processing of Animal Matter 

PURPOSE: This rule establishes methods

and procedures for odor control during the

processing of animal matter. 

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

Secretary of State

10 CSR 10-5—DEPARTMENT OF NATURAL RESOURCES Division 10—Air Conservation Commission
Order of Rulemaking 

Compliant with 643.055 RSMo, the Missouri Air Conservation Commission has 

determined that this action is needed to have a U.S. Environmental Protection 

Agency approved State Implementation Plan. 

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

AMENDED by the Missouri Air Conservation Commission this 2nd day of 

February, 2012. 

, Vice Chairman 

_________________________________, Member 

_________________________________, Member 

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

PUBLISHER'S AFFIDAVIT 


STATE OF MISSOURI,) 

)ss. 

COUNTY OF COLE) 

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

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

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

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

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

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

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

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

3rd insertion, No. _________day of ,20____ 

4th insertion, No. ___________ day of , 20 

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

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

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

.\ -1 

lilrbaM. ~Cwftil!!,,¥fH, ',pcc, 

.. , 

My term as Notary Public expires ______________ 
MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

JEFFERSON CITY, MO The Missouri Air Conservation Commission will 

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

washing; control of emissions from mdustrial processes, solvent cleaning 

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

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

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

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

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

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

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

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

Louis Metropolitan area. Combustion practices and restrictions will be 

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

manner. 

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

Solvent Cleaning Operations 

This proposed amendment will incorporate a change requested during the 

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

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

rule will incorporate equipment cleaning work practices as a compliance 

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

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

This proposed amendment will update the area specific indirect heating rule 

references with the new statewide consolidated indirect heating rule 10 CSR 

10-6.405 that became effective October 30, 2011. 

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

This proposed amendment will update the area specific indirect heating rule 

references with the new statewide consolidated indirect heating rule 10 CSR 

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

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

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

not necessary because it is redundant to national ambient air quality 

standards. 

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

Matter From Industrial Processes 

This proposed amendment will update the area specific indirect heating rule 

references with the new statewide consolidated indirect heating rule 10 CSR 

10-6.405 that became effective October 30, 2011. 

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

This proposed amendment will update the rule to maintain consistency with 

the federal emission guidelines for municipal solid waste landfills, subpart 

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

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

and formatting errors and corrected inconsistencies from previous final rule 

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

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

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

Solid Waste Landfills 

This proposed amendment will update the rule to maintain consistency with 

the federal emission guidelines for municipal solid waste landfills, subpart 

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

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

and formatting errors and corrected inconsistencies from previous final rule 

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

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

* The State Implementation Plan Actions on Public Notice website 

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

for plan actions that are included in the publiC hearing. 

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

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

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

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

Persons with disabilities requiring special services or accommodations to 

attend the meeting can make arrangements by calling the Department 

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

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

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

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

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

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

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

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

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

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

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

email comments regarding plan actions shall be sent to 

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

testimony will be equally considered. 

Public hearing items may be adopted by the Missouri Air Conservation 

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

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

Pollution Control Program at (573) 751-4817. 

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

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

MIDWEST LITIGATION SERVICES

Page 1

 BEFORE THE AIR CONSERVATION COMMISSION

 STATE OF MISSOURI

 DECEMBER 8, 2011

 MISSOURI AIR CONSERVATION COMMISSION

 PUBLIC HEARING

 Elm Street Conference Center

 1730 East Elm Street

 Lower Level

 Bennett Springs Conference Room

 Jefferson City, Missouri 65101

 9:00 a.m.

 BEFORE:

 Mark Garnett, Chairman

 Gary Pendergrass

 Ron Boyer

 Jack Baker

 David Zimmermann

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

REPORTED BY:

Pamela Fick, RMR, RPR, MO CCR #447

Midwest Litigation Services

3432 West Truman Boulevard, Suite 207

Jefferson City, Missouri 65109

(573) 636-7551

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

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

MIDWEST LITIGATION SERVICES

Page 2

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

2 CHAIRMAN GARNETT: The hearing will come

3 to order. Let the record show the following

4 Commissioners are present: Mark Garnett, David

5 Zimmermann, Gary Pendergrass, Ron Boyer and Jack

6 Baker.

7 The Air Conservation Commission of the

8 State of Missouri has called this public hearing

9 pursuant to Section 643.070, Revised Statutes of

10 Missouri, EPA promulgated rule 40 CFR 51.102 for the

11 purpose of hearing testimony relating to:

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

14 (amendment) Control of Emissions from Industrial

15 Solvent Cleaning Operations; 10 CSR 10-5.130

16 (amendment) Certain Coals to be Washed;

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

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

19 Restriction of Emission of Particulate Matter From

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

21 Municipal Solid Waste Landfills; 10 CSR 10-6.310

22 (amendment) Restriction of Emissions from Municipal

23 Solid Waste Landfills; Missouri State Implementation

24 Plan Revision - 2013 Cross-State Air Pollution Rule

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

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

MIDWEST LITIGATION SERVICES

Page 12

1 Additionally, if our product mix shifts,

2 we may not be able to maintain an efficient operation

3 if we are limited to less than 60 gallons per month

4 of fresh VOC-containing solvents.

5 The proposed amendment will provide us

6 the necessary operational flexibility. This

7 flexibility is paramount if LHB Industries is to

8 continue our mission of assisting individuals who are

9 legally blind maintain dignity and independence by

10 making available employment, education and support

11 services.

12 We respectfully request the proposed

13 amendment to 10 CSR 10-5.455, Control of Emissions

14 from Solvent Cleaning Operations, be approved and

15 codified. If you should need any clarification or

16 additional information, please feel free to contact

17 me. And I'm happy to answer any questions you-all

18 might have at this time.

19 CHAIRMAN GARNETT: Mr. Lemmons, thank

20 you very much for coming. Aaron Basham.

21 MR. BASHAM: Mr. Chairman, members of

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

23 employed with the Missouri Department of Natural

24 Resources, Air Pollution Control Program, as an

25 environmental engineer. I work at 1659 East Elm
PUBLIC HEARING 12/8/2011

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

MIDWEST LITIGATION SERVICES

Page 13

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

2 present testimony for the proposed amendment to

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

4 information begins on page 109 of the briefing

5 document.

6 The proposed amendment will revise the

7 rule purpose by replacing the area specific indirect

8 heating rule reference with the new statewide

9 indirect heating rule. If the Commission adopts this

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

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

12 Protection Agency to replace the current rule that is

13 in the Missouri State Implementation Plan.

14 Mr. Chairman, that concludes my

15 testimony. I will be happy to answer any questions

16 you might have specific to these rule amendments.

17 CHAIRMAN GARNETT: Okay.

18 MR. BASHAM: Mr. Chairman, members of

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

20 employed with the Missouri Department of Natural

21 Resources Air Pollution Control Program as an

22 environmental engineer. I work at 1659 East Elm

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

24 present testimony for the proposed amendment to

25 10 CSR 10-6.020, Definitions and Common Reference
7. Paints and paint thinners;

8. Chemicals;

9. Coal;

10. Glossy and/or colored papers;

11. Non-clean wood construction and/or demolition debris;

12. Plywood and/or particleboard;

13. Manure;

14. Animal carcasses; and

15. Asphalt products.

(4) Reporting and Record Keeping. (Not Applicable)

(5) Test methods. (Not Applicable)

AUTHORITY: section 643.050, RSMo [1994] 2000. Original rule

filed March 14, 1967, effective March 24, 1967. 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 5—Air Quality Standards and Air Pollution

Control Rules Specific to the St. Louis Metropolitan

Area

PROPOSED AMENDMENT

10 CSR 10-5.130 Certain Coals to be Washed. The commission

proposes to amend section (3). 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 provides that specified coals shall be cleaned

by washing prior to their sale. The purpose of this rulemaking is to

update the reference to the area specific indirect heating rule 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.

(3) Exception. This regulation shall not apply if a person proposing

to use unwashed coal can show that the emission of sulfur dioxide

from the plant in which the coal is to be burned will not exceed two

and three-tenths (2.3) pounds of sulfur dioxide per million British

Thermal Units of heat input to the installation and that emission of

particulate matter will be no more than that allowed in 10 CSR 10-

[5.030]6.405.

AUTHORITY: section 643.050, RSMo [1994] 2000. Original rule

filed March 14, 1967, effective March 24, 1967. 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 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 5—Air Quality Standards and Air Pollution

Control Rules Specific to the St. Louis Metropolitan

Area

PROPOSED AMENDMENT

10 CSR 10-5.455 Control of Emissions from Industrial Solvent

Cleaning Operations. The commission proposes to amend subsection

(3)(E). 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 will reduce the volatile organic compounds emissions from industrial cleaning operations that use organic solvents.

This amendment will revise the provisions for equipment cleaning at

manufacturers of coatings, inks, and resins by adding work practices

to the compliance options and removing it as a separate requirement.

The evidence supporting the need for this proposed rulemaking, per

section 536.016, RSMo, is a June 8, 2011, email from a trade association for manufacturers of coatings, inks, and resins.

(3) General Provisions.

(E) Requirements for coatings, inks, and resin manufacturers.

Coating, ink, and resin manufacturers must comply with the following requirements:

1. Clean portable or stationary mixing vats, high dispersion

Page 2233 November 1, 2011

Vol. 36, No. 21 Missouri Register
April 16, 2012

Vol. 37, No. 8

COMMENT #13: St. Louis County Health Department recommended adding a requirement to post a permanent, conspicuous label summarizing the hand-fired equipment operating procedures, a list of

prohibited fuels, a summary of the current visible emission standard,

and statements regarding the importance of proper operation and

maintenance.

RESPONSE: Labels are not necessary since equipment operation

guidelines were added as a result of comment #6. Requiring them

would be overly burdensome and impractical for the applicable

sources, many of which are small businesses. Therefore, no changes

have been made to the rule as a result of this comment. 

COMMENT #14: St. Louis County Health Department recommended that hand-fired units only be allowed to operate during non-ozone

season, September 16 through April 14, to be consistent with open

burning regulations.

RESPONSE: All known sources are small businesses and only plan

to operate their hand-fired equipment to provide building heat during

the winter months, which is outside any regulatory ozone season.

Even if the hand-fired equipment were operated during ozone season,

the very small estimated emissions from these devices would have no

measureable impact on ground-level ozone levels in the St. Louis

area. Therefore, no changes have been made to the rule as a result of

this comment. 

COMMENT #15: St. Louis County Health Department recommended adding language that only allows burning of clean wood waste generated from a facility’s processes. This will prevent a facility from

bringing wood from other sources to burn in their device.

RESPONSE AND EXPLANATION OF CHANGE: Adding a

restriction that only allows facilities to burn process waste generated

onsite is consistent with the intent of the proposed amendment and

the appropriate language has been added to the rule.

10 CSR 10-5.040 Control of Emissions From Hand-Fired Equipment

(1) Applicability. This rule shall apply to all hand-fired, fuel-burning

equipment at commercial facilities, including, but not limited to furnaces, heating and cooking stoves, and hot water furnaces with the

exception of the following: 

(D) Ovens that only burn wood, charcoal, or anthracite coal for

pizzas or bakery products;

(2) Definitions.

(A) Clean wood—Wood that has not been treated (including, but

not limited to, treatment with copper chromium arsenate, creosote,

or pentachlorophenol) and has no paint, stain, or any other type of

coating.

(B) Definitions of certain terms specified in this rule, other than

those defined in this rule section, may be found in 10 CSR 10-6.020.

(3) General Provisions. No owner or operator shall operate applicable hand-fired, fuel-burning equipment unless the following conditions are met:

(A) Hand-fired equipment shall be operated to minimize emissions

at all times. This includes, but is not limited to, following all manufacturers’ operation and maintenance guidelines;

(B) Hand-fired equipment must be commercially manufactured;

(C) Hand-fired equipment may only burn process waste generated

onsite;

(E) Fuel shall be clean wood with a moisture content less than or

equal to twenty-five percent (25%); and

(F) Each piece of equipment shall burn no more than thirty (30)

tons of fuel per calendar year.

(4) Reporting and Record Keeping.

(A) The owner or operator of hand-fired equipment subject to this

rule shall keep records necessary to determine compliance.

(B) Records verifying that only dry wood was used for fuel may be

used to demonstrate compliance with the moisture content requirement. 

(C) Records required under subsections (4)(A) and (4)(B) of this

rule shall be retained by the owner or operator for a minimum of five

(5) years. These records shall be made available to the director upon

request.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 5—Air Quality Standards and Air Pollution

Control Rules Specific to the St. Louis Metropolitan

Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation

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

10 CSR 10-5.130 Certain Coals to be Washed 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 2233). No changes have been made in the text of

the proposed amendment, so it is not reprinted here. This proposed

amendment becomes effective thirty (30) days after publication in the

Code of State Regulations.

SUMMARY OF COMMENTS: The Missouri Department of Natural

Resources’ Air Pollution Control Program received no comments on

the proposed amendment.

Title 10—DEPARTMENT OF NATURAL RESOURCES

Division 10—Air Conservation Commission

Chapter 5—Air Quality Standards and Air Pollution

Control Rules Specific to the St. Louis Metropolitan

Area

ORDER OF RULEMAKING

By the authority vested in the Missouri Air Conservation

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

10 CSR 10-5.455 Control of Emissions From Industrial Solvent

Cleaning Operations 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 2233–2234). No changes have been made in the

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

SUMMARY OF COMMENTS: The Missouri Department of

Natural Resources’ Air Pollution Control Program received three (3)

comments from three (3) sources: The American Coatings

Association, U.S. Paint Corporation, and Lighthouse for the Blind

Industries.

Due to similarities in the comments, one (1) response will be provided for all comments. 

COMMENT #1: The American Coatings Association supports the

Page 610 Orders of Rulemaking