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
DearMr. Brooks:
The Missouri Air Conservation Commission has recentlyrevised orpromulgated the following regulation(s) for the Missouri State Implementation Plan (SIP). The following is enclosed for yourreview:
10 CSR 10-5.130 Certain Coals to beWashed
The proposed amendmentwill update the area specific indirectheating rule references in the rule with the new statewide consolidated indirectheatingrule 10 CSR 10-6.405 that was adopted bythe Missouri Air ConservationCommissiononJune 30, 2011.
The commissionadopted the enclosed rule action(s) on February 2,2012, after considering comments received atpublic hearing. The commissionhas full legal authorityto develop rules pursuantto Section 643.050 ofthe Missouri AirConservation Law. The state followed all applicable administrativeprocedures in proposing and adopting the rule action(s). Enclosed are the required SIP submittal elements for determination ofplan completeness per40 CFR Part 51, AppendixV.
The Missouri DepartmentofNatural Resources requests thatthe U.S. Environmental Protection Agency amend the SIP to replace the currentrule(s) in the SIP. Compliant with the April 6, 2011 SIP regional consistency memo, an exactduplicate of this submittal is also beingprovided as an electronic attachment in an email to the Region VII Missouri coordinator.
Thank you for your attention to this matter. Ifyou have anyquestions regarding this


# o**RC('~ cI('d**  Paper

## Mr. Karl Brooks PageTwo

submittal, please contactWendy Vit, with the Department's Air Pollution Control Program at P.O. Box 176, Jefferson City, MO 65lO2 orbyphone at (573) 751-7840. Sincerely,
AIR POLLUTION CONTROL PROGRAM

Director
KLM:abc
Enclosures: Copy ofrulepublished in CSR Copyofcommission signaturepage certifying Missouri Air Conservation Commission adoption Copyoftechnical supportdocumentation for rule (ifapplicable) Copies ofpublic hearing newspaper notices Copy ofpublic hearing transcript introductory statement CopyofMOReg proposed rulemaking CopyofMO Reg orderofrulemaking 

## with comments/responses



## c: Missouri Air ConservationCommission10 CSR 10-5.090 Restriction of Emission of Visible Air Contaminants (Rescinded May 30, 2000) AUTHORITY: section 643.050, RSMo 1994.* Original rule filed March 14, 1967, effective March 24, 1967.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 MaintainedPURPOSE: 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 theSt. 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 fuelsavailable 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 torequire the installation of emission monitoring devices, but does have the authority to require reports from sources of air pollutionrelating 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 sothat it shall contain no more than twelve percent (12%) ash on a dry basis. The termwashing is meant to include purifying, cleaning or removing impurities from coal bymechanical 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 thatthis 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 ofCentral 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 publishedin said paper in compliance with the provisions ofSection493.050
R.S. ofMo. For2000 as amended for

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______________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 priorto 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 Reference7. 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 thenew 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, persection 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 RegisterApril 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-burningequipment 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 emissionsat 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 beused 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 ConservationCommission 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 ConservationCommission 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 thetext 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