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 or email at 

wendy.vit@dnr.mo.gov. 

Sincerely, 

AIR POLLUTION CONTROL PROGRAM 

~:et~ Director 

KLM:abc 

Enclosures: 

Copy ofrule published in CSR 

Copy of commission signature page certifying Missouri Air Conservation Commission adoption 

Copy oftechnical support documentation for rule (if applicable) 

Copies ofpublic hearing notices 

Copy of public hearing transcript introductory statement 

Copy ofMO Reg proposed rulemaking 

Copy ofMO Reg order ofrule making with comments/responses 

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

c: Missouri Air Conservation Commission 

Celebrating 40 years of taking care of Missouri's natural resources. 


To learn more about the Missouri Department ofNatural Resources visit dnr.mo. GOv. 

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

1992, 1993, 1995; and 643.055, RSMo 1979, amended

1992, 1994, transferred 1986, formerly 203.055.

10 CSR 10-6.040 Reference Methods

PURPOSE: This rule provides reference

methods for determining data and information necessary for the enforcement of air pollution control regulations throughout Missouri. 

PUBLISHER’S NOTE:  The secretary of state

has determined that the publication of the

entire text of the material which is incorporated by reference as a portion of this rule

would be unduly cumbersome or expensive.

This material as incorporated by reference in

this rule shall be maintained by the agency at

its headquarters and shall be made available

to the public for inspection and copying at no

more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed

here.

(1) The percent sulfur in solid fuels shall be

determined as specified by American Society

of Testing and Materials (ASTM) D4239 - 12

Standard Test Method for Sulfur in the Analysis Sample of Coal and Coke Using High

Temperature Tube Furnace Combustion, as

approved and published February 1, 2012.

This standard is incorporated by reference in

this rule, as published by American Society

for Testing and Materials (ASTM) International, 100 Barr Harbor Drive, PO Box

C700, West Conshohocken, PA 19428-2959.

This rule does not incorporate any subsequent amendments or additions.

(2) The heat content or higher heating value

(HHV) of solid fuels shall be determined by

use of the Adiabatic Bomb Calorimeter as

specified by ASTM D5865 - 12 Standard Test

Method for Gross Calorific Value of Coal and

Coke, as approved and published December

1, 2012. This standard is incorporated by reference in this rule, as published by American

Society for Testing and Materials (ASTM)

International, 100 Barr Harbor Drive, PO

Box C700, West Conshohocken, PA 19428-

2959. This rule does not incorporate any subsequent amendments or additions. 

(3) The heat content or HHV of liquid hydrocarbons shall be determined as specified by

ASTM D240 - 09 Standard Test Method for

Heat of Combustion of Liquid Hydrocarbon

Fuels by Bomb Calorimeter, as approved and

published July 1, 2009. This standard is

incorporated by reference in this rule, as published by American Society for Testing and

Materials (ASTM) International, 100 Barr

Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule does

not incorporate any subsequent amendments

or additions.

(4) The methods for determining the concentrations of the following air contaminants

shall be as specified in 40 CFR 50, Appendices A–R or equivalent methods as specified

in 40 CFR 53. The provisions of 40 CFR 50,

Appendices A–R and 40 CFR 53, promulgated as of July 1, 2013, and Federal Register

Notice 78 FR 40000–40011, promulgated

July 3, 2013, 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.

(A) The concentration of sulfur dioxide

shall be determined as specified in 40 CFR

50, Appendix A—Reference Method for the

Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline Method) or an equivalent method as approved by 40 CFR 53.

(B) The concentration of total suspended

particulate shall be determined as specified in

40 CFR 50, Appendix B—Reference Method

for the Determination of Suspended Particulate Matter in the Atmosphere (High-Volume

Method).

(C) The concentration of carbon monoxide

shall be determined as specified in 40 CFR

50, Appendix C—Measurement Principle

and Calibration Procedure for the Measurement of Carbon Monoxide in the Atmosphere

(Non-Dispersive Infrared Photometry) or

equivalent methods as approved by 40 CFR

53.

(D) The concentration of ozone shall be

determined as specified in 40 CFR 50,

Appendix D—Measurement Principle and

Calibration Procedure for the Measurement

of Ozone in the Atmosphere or equivalent

methods as approved by 40 CFR 53.

(E) Reserved.

(F) The concentration of nitrogen dioxide

shall be determined as specified in 40 CFR

50, Appendix F—Measurement Principle and

Calibration Procedure for the Measurement

of Nitrogen Dioxide in the Atmosphere (Gas

Phase Chemiluminescence) or equivalent

methods as approved by 40 CFR 53.

(G) The concentration of lead shall be

determined as specified in 40 CFR 50,

Appendix G—Reference Method for the

Determination of Lead in Suspended Particulate Matter Collected From Ambient Air or in

40 CFR 50, Appendix Q—Reference Method

for the Determination of Lead in Particulate

Matter as PM10 Collected From Ambient Air

or equivalent methods as approved by 40

CFR 53.

(H) Compliance with the one (1)-hour

ozone standard shall be determined as specified in 40 CFR 50, Appendix H—Interpretation of the 1-Hour Primary and Secondary

National Ambient Air Quality Standards for

Ozone.

(I) Compliance with the eight (8)-hour

ozone standards shall be determined as specified in 40 CFR 50, Appendix I—Interpretation of the 8-Hour Primary and Secondary

National Ambient Air Quality Standards for

Ozone.

(J) The concentration of particulate matter

10 micron (PM10) shall be determined as

specified in 40 CFR 50, Appendix J—Reference Method for the Determination of Particulate Matter as PM10 in the Atmosphere, or

an equivalent method as approved in 40 CFR

53. 

(K) Compliance with particulate matter 10

PM10 standards shall be determined as specified in 40 CFR 50, Appendix K—Interpretation of the National Ambient Air Quality

Standards for Particulate Matter.

(L) The concentration of particulate matter

2.5 micron (PM2.5) shall be determined as

specified in 40 CFR 50, Appendix L—Reference Method for the Determination of Fine

Particulate Matter as PM2.5 in the Atmosphere, or an equivalent method as approved

in 40 CFR 53.

(M) Compliance with particulate matter

2.5 (PM2.5) standards shall be determined as

specified in 40 CFR 50, Appendix N—Interpretation of the National Ambient Air Quality Standards for PM2.5.

(N) Compliance with the eight (8)-hour

ozone standards shall be determined as specified in 40 CFR 50, Appendix P—Interpretation of the Primary and Secondary National

Ambient Air Quality Standards for Ozone.

(O) Compliance with the lead standards

shall be determined as specified in 40 CFR

50, Appendix R—Interpretation of the

National Ambient Air Quality Standards for

Lead.

(5) The concentration of hydrogen sulfide

(H2S) shall be determined by scrubbing all

sulfur dioxide (SO2) present in the sample

and then converting each molecule of H2S to

SO2 with a thermal converter so that the

resulting SO2 is detected by an analyzer as

specified in 40 CFR 50, Appendix A—Reference Method for the Determination of Sulfur

Dioxide in the Atmosphere (Pararosaniline

Method) or an equivalent method approved by

40 CFR 53, in which case the calibration gas

used must be National Institute of Standards

and Technology traceable H2S gas.

(6) The concentration of sulfuric acid mist

shall be determined as specified in the Compendium Method IO-4-2, Determination of

JASON KANDER (10/31/14) CODE OF STATE REGULATIONS 45

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
Reactive Acidic and Basic Gases and Strong

Acidity of Fine-Particles (<2.5 μm), Center

for Environmental Research Information,

Office of Research and Development, U.S.

Environmental Protection Agency, Cincinnati, OH 45268, EPA/625/R-96/010a.

(A) The concentration of total sulfur shall

be determined as specified in section (4) of

this rule by sampling for sulfur dioxide without removing other sulfur compound interferences. 

(B) The concentration of sulfur dioxide

shall be determined as specified by section

(4) of this rule. 

(C) The concentration of hydrogen sulfide

shall be determined as specified by section

(5) of this rule. 

(7) The percent sulfur in liquid hydrocarbons

shall be determined as specified by ASTM

D2622 - 10 Standard Test Method for Sulfur

in Petroleum Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, as

approved and published February 15, 2010.

This standard is incorporated by reference in

this rule, as published by American Society

for Testing and Materials (ASTM) International, 100 Barr Harbor Drive, PO Box

C700, West Conshohocken, PA 19428-2959.

This rule does not incorporate any subsequent amendments or additions.

(8) The amount of solvent present in earth filters and distillation wastes shall be determined

as specified by ASTM D322 - 97(2012) Standard Test Method for Gasoline Diluent in

Used Gasoline Engine Oils by Distillation, as

approved and published November 1, 2012.

This standard is incorporated by reference in

this rule, as published by American Society

for Testing and Materials (ASTM) International, 100 Barr Harbor Drive, PO Box

C700, West Conshohocken, PA 19428-2959.

This rule does not incorporate any subsequent amendments or additions.

AUTHORITY: section 643.050, RSMo Supp.

2013.* Original rule filed Aug. 16, 1977,

effective Feb. 11, 1978. Amended: Filed Sept.

14, 1978, effective April 12, 1979. Amended:

Filed Dec. 10, 1979, effective April 11, 1980.

Amended: Filed March 13, 1980, effective

Sept. 12, 1980. Amended: Filed Feb. 14,

1984, effective July 12, 1984. Amended:

Filed Jan. 5, 1988, effective April 28, 1988.

Amended: Filed Oct. 13, 2000, effective July

30, 2001. Amended: Filed July 6, 2005, effective Feb. 28, 2006. Amended: Filed Sept. 24,

2009, effective May 30, 2010. Amended:

Filed March 18, 2013, effective Nov. 30,

2013. Amended: Filed March 14, 2014, effective Nov. 30, 2014.

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

1992, 1993, 1995, 2011.

10 CSR 10-6.045 Open Burning Requirements

PURPOSE: This rule sets forth the conditions

and restrictions for the open burning of refuse

and combustible materials throughout Missouri and defines when an open burning permit is required. The evidence supporting the

need for this proposed rulemaking, per section 536.016, RSMo, are the various citizen

petitions concerning open burning received in

2005 and meeting minutes for 2005/2006

open burning workgroup meetings.

PUBLISHER’S NOTE:  The secretary of state

has determined that the publication of the

entire text of the material which is incorporated by reference as a portion of this rule

would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the

agency at its headquarters and shall be made

available to the public for inspection and

copying at no more than the actual cost of

reproduction. This note applies only to the

reference material. The entire text of the rule

is printed here.

(1) Applicability. This rule applies to all open

burning throughout the state of Missouri with

additional conditions applicable to the

metropolitan areas of Kansas City, Springfield, St. Joseph and St. Louis as found in

section (3) of this rule.

(2) Definitions.

(A) Untreated wood—Lumber and other

wooden materials that have not been chemically treated for resistance to moisture, fire,

fungi, insects, and other pests, or has not otherwise been treated or manufactured with

chemicals, or that does not contain adhesives

or resins. Untreated wood does not include

plywood, particleboard, chipboard, and wood

with other than insignificant quantities of

paint, coating or finish.

(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 person may conduct, cause, permit, or allow the disposal of

tires, petroleum-based products, trade waste,

construction or demolition waste, salvage

operation waste, or asbestos containing materials by open burning, except as permitted

below. Nothing in this rule may be construed

as to allow open burning which causes or

constitutes a public health hazard, nuisance, a

hazard to vehicular or air traffic, nor which

violates any other rule or statute.

(A) The following types of open burning

are allowed by the department when not prohibited by other laws, regulations, or ordinances:

1. Recreational and ceremonial fires.

These fires shall be comprised of vegetative

woody materials or untreated wood products

only;

2. Noncommercial preparation of food,

such as by barbecuing;

3. Burning of household or domestic

refuse. Burning of household or domestic

refuse is limited to open burning on a residential premises having not more than four

(4) dwelling units, provided that the refuse

originates on the same premises, with the

following exceptions:

A. Kansas City metropolitan area.

The open burning of household refuse must

take place in an area zoned for agricultural

purposes and outside that portion of the

metropolitan area surrounded by the corporate limits of Kansas City and every contiguous municipality;

B. Springfield-Greene County area.

The open burning of household refuse must

take place outside the corporate limits of

Springfield and only within areas zoned A-1,

Agricultural District;

C. St. Joseph area. The open burning

of household refuse must take place within an

area zoned for agricultural purposes and outside that portion of the metropolitan area surrounded by the corporate limits of St. Joseph;

and

D. St. Louis metropolitan area. The

open burning of household refuse is prohibited;

4. Land clearing of vegetative debris,

provided all burning occurs—

A. Outside of any incorporated area

or municipality and outside of the Kansas

City metropolitan area, Springfield-Greene

County area, and the St. Louis metropolitan

area;

B. At least two hundred (200) yards

from the nearest occupied structure; and

C. Land clearing of vegetative debris

that does not meet the conditions of subparagraphs (3)(A)4.A. and (3)(A)4.B. of this rule

may be open burned provided an open burning permit is obtained as found in subsection

(3)(B) of this rule;

5. Yard waste, with the following exceptions:

A. Kansas City metropolitan area.

The open burning of trees, tree leaves, brush,

or any other type of vegetation shall require

an open burning permit;

B. Springfield-Greene County area.

The City of Springfield requires an open

burning permit for the open burning of trees,

brush, or any other type of vegetation. The

City of Springfield prohibits the open burning

of tree leaves;

46 CODE OF STATE REGULATIONS (10/31/14) JASON KANDER

Secretary of State

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

The Missouri Air Conservation Commission ADOPTS the following action 

on this 21st day of July, 2014: 

10 CSR 1 0-6.040 (amendment) Reference Methods 

-----?iQ--.5:.~::::!::J.4__ _I_I----4g~~::::i =======~__, Chairman

/ 1' ''---./ 

________________, Vice Chairman 

________________,Member 

____________________,Member 

________________,Member 

___________________,Member 


Jay Nixon, Governor 

Sara Parker Pauley, Director

Air Pollution Control Program

Rulemakings on Public 

Notice                                                    

The Missouri Department of Natural Resources filed the following proposed rulemakings 

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

the proposed rulemaking under the Notice of Public Hearing and Notice to Submit 

Comments heading. To submit comments electronically, use the links below the rule or to 

submit written comments see the address below.

10 CSR 10-6.040 Reference Methods

This proposed amendment will update the incorporation by reference date to include the 

latest Federal Register notices for ambient air monitoring methods. Two of these notices 

promulgated existing methods as new equivalency methods for measuring lead, nitrogen 

dioxide, particulate matter less than 2.5 microns, particulate matter less than 10 microns, 

and particulate matter between 10 and 2.5 microns in diameter. In addition, EPA finalized 

a new Federal Reference Method for measuring lead in total suspended particulate matter 

and, at the same time, designated it as a new Federal Equivalency Method.

Proposed Rulemaking – Published in April 15, 2014 Missouri Register

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business June 5, 2014.

Back to top

10 CSR 10-5.220 Control of Petroleum Liquid Storage, Loading and Transfer 

This proposed amendment will remove the requirements for Stage II vapor recovery 

controls at gasoline dispensing facilities (GDFs) in the St. Louis area. Stage II systems 

control emissions of volatile organic compounds during vehicle refueling and have been an 

ozone-reduction measure in the St. Louis area since the late 1980s. In May 2012, the U.S. 

Environmental Protection Agency (EPA) determined that Onboard Refueling Vapor Recovery 

(ORVR) technology is in widespread use throughout the motor vehicle fleet for purposes of 

controlling motor vehicle refueling emissions. ORVR is an improved method of controlling 

the vapor displaced during refueling that is built into newer motor vehicles. ORVR makes 

Stage II controls obsolete, and EPA’s widespread use determination allows the removal of 

Rulemakings on Public Notice - DNR Page 1 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 4/28/2014
Stage II controls if Clean Air Act anti-backsliding requirements are met to ensure air quality 

is not adversely impacted. EPA has already given verbal concurrence on our technical 

analysis showing removal of Stage II controls as proposed in this rulemaking will not 

adversely affect St. Louis air quality. 

The rulemaking will also address the following items: 

Certification and testing procedures for the remaining Stage I systems will use the 

California Air Resources Board (CARB) vapor recovery program instead of the Missouri 

Performance and Test Procedures (MOPETP). Stage I systems capture displaced 

vapors when fuel storage tanks at GDFs are loaded from delivery vessels. 

•

The prohibition of aboveground storage tanks (ASTs) at GDFs will be codified. The 

rule never allowed ASTs because MOPETP never certified ASTs. Elimination of 

MOPETP requires adding language to the rule to clarify that ASTs will continue to be 

prohibited.

•

Permitting provisions will be revised to address the decommissioning of Stage II 

systems and clarify the permitting requirements and fees for Stage I systems. The 

permitting fees will remain $100 per permit but the frequency with which permits are 

issued will change. 

•

Proposed Rulemaking – Published in April 1, 2014 Missouri Register

Technical Support Document

Rulemaking Development Information

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business June 5, 2014.

Back to top

10 CSR 10-6.165 (amendment) Restriction of Emission of Odors

This proposed amendment will remove the definitions of “Modification” and “Class IA 

concentrated animal feeding operation” found in 10 CSR 10-6.165, Restriction of Emission 

of Odors, since these two definitions can be found in 10 CSR 10-6.020, Definitions and 

Common Reference Tables. This rulemaking is administrative in nature and does not add 

new requirements.

Proposed Rulemaking – Published in March 17, 2014 Missouri Register

Rulemaking Detail

Submit comments now

Submit written comments

Comments on this rulemaking will be accepted through close of business May 1, 2014.

Rulemakings on Public Notice - DNR Page 2 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 4/28/2014
Submit written comments about any rule development to: 

Chief, Air Quality Planning Section 

Missouri Department of Natural Resources 

Air Pollution Control Program 

P.O. Box 176 

Jefferson City, MO 65102-0176

Back to top

Rulemakings on Public Notice - DNR Page 3 of 3

http://www.dnr.mo.gov/env/apcp/rulemaking.htm 4/28/2014
1

Bechtel, Cheri

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

Sent: Friday, April 25, 2014 2:54 PM

To: Bungart, Renee; Archer, Larry; Lovejoy, Victoria; Moore, Kyra; Vit, Wendy; Bechtel, Cheri; 

Crawford, Betsy; Terlizzi, Gena

Subject: Courtesy Copy: Missouri DNR Air Public Notices Update - Missouri Air Conservation 

Commission Public Hearing, May 29, 2014

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

This bulletin was sent to the following groups of people:

Subscribers of Air Public Notices (579 recipients) 

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

MISSOURI AIR CONSERVATION COMMISSION 

WILL HOLD PUBLIC HEARING 

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

Thursday, May 29, 2014 beginning at 9 a.m. at the St. Louis Regional Office, 7545 S. Lindbergh, Suite 220, 

DESE Conference Room, St. Louis, Missouri. The commission will hear testimony related to the following 

proposed action(s): 

* 10 CSR 10-5.220 (amendment) Control of Petroleum Liquid Storage, Loading and Transfer 

 

This proposed amendment will remove the requirements for Stage II vapor recovery controls at 

gasoline dispensing facilities (GDFs) in the St. Louis area. Stage II systems control emissions of 

volatile organic compounds during vehicle refueling and have been an ozone-reduction measure in the 

St. Louis area since the late 1980s. In May 2012, the U.S. Environmental Protection Agency (EPA) 

determined that Onboard Refueling Vapor Recovery (ORVR) technology is in widespread use 

throughout the motor vehicle fleet for purposes of controlling motor vehicle refueling emissions. 

ORVR is an improved method of controlling the vapor displaced during refueling that is built into 

newer motor vehicles. ORVR makes Stage II controls obsolete, and EPA’s widespread use 

determination allows the removal of Stage II controls if Clean Air Act anti-backsliding requirements 

are met to ensure air quality is not adversely impacted. EPA has already given verbal concurrence on 

our technical analysis showing removal of Stage II controls as proposed in this rulemaking will not 

adversely affect St. Louis air quality. The rulemaking will also address the following items: 

- Certification and testing procedures for the remaining Stage I systems will use the California 

Air Resources Board (CARB) vapor recovery program instead of the Missouri Performance 

and Test Procedures (MOPETP). Stage I systems capture displaced vapors when fuel storage 
2

tanks at GDFs are loaded from delivery vessels. 

- The prohibition of aboveground storage tanks (ASTs) at GDFs will be codified. The rule never 

allowed ASTs because MOPETP never certified ASTs. Elimination of MOPETP requires 

adding language to the rule to clarify that ASTs will continue to be prohibited. 

- Permitting provisions will be revised to address the decommissioning of Stage II systems and 

clarify the permitting requirements and fees for Stage I systems. The permitting fees will 

remain $100 per permit but the frequency with which permits are issued will change. 

 

* Missouri State Implementation Plan Revision – Regional Haze Plan 5-Year Progress Report 

 

The federal Clean Air Act establishes requirements for the protection of visibility in Class I areas, 

consisting of national parks and wilderness areas. States are required to submit state implementation 

plans (SIPs) that demonstrate reasonable progress toward meeting the national goal of a return to 

natural visibility conditions in Class I areas by 2064. There are two Class I areas in Missouri: Hercules 

Glades Wilderness Area and Mingo National Wildlife Refuge. Missouri’s regional haze SIP, which 

was submitted to the U.S. Environmental Protection Agency in August 2009, established visibility 

goals for the year 2018 for each of the state’s Class I areas in order to make reasonable progress 

toward the 2064 goal. The purpose of this report is to assess progress made toward the 2018 visibility 

goals in Hercules Glades and Mingo in the five years since Missouri’s regional haze SIP was 

submitted to EPA. This 5-year progress report demonstrates that both of Missouri’s Class I areas are 

expected to meet their 2018 visibility goals based on control strategies currently in place, which 

largely consist of sulfur dioxide and nitrogen oxides emission reduction measures for utilities, 

industrial boilers, and other sources. 

 

* Missouri State Implementation Plan Revision – Marginal Area Plan for the Missouri Portion of the St. 

Louis Nonattainment Area for the 2008 8-Hour Ground Level Ozone National Ambient Air Quality 

Standard 

 

The purpose of this State Implementation Plan (SIP) revision is to address the emissions inventory and 

other marginal ozone nonattainment area requirements pursuant to Clean Air Act Section 182(a) for 

the Missouri portion of the St. Louis nonattainment area under the 2008 8-hour ozone national 

ambient air quality standard (NAAQS). The Missouri portion of the St. Louis nonattainment area 

includes the City of St. Louis and the Counties of St. Louis, St. Charles, Franklin, and Jefferson, 

which were designated as a marginal nonattainment area under the 2008 8-hour ozone NAAQS on 

May 21, 2012. 

 

* 10 CSR 10-6.040 (amendment) Reference Methods 

 

This proposed amendment will update the incorporation by reference date to include the latest Federal 

Register notices for ambient air monitoring methods. Two of these notices promulgated existing 

methods as new equivalency methods for measuring lead, nitrogen dioxide, particulate matter less 

than 2.5 microns, particulate matter less than 10 microns, and particulate matter between 10 and 2.5 

microns in diameter. In addition, EPA finalized a new Federal Reference Method for measuring lead 

in total suspended particulate matter and, at the same time, designated it as a new Federal Equivalency 

Method. 

 

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

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

otherwise noted above. 

 

Documents for the above item(s) will be available for review at the Missouri Department of Natural 
3

Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson City, 

(573) 751-4817 and in the Public Notices section of the program web site http://dnr.mo.gov/env/apcp/publicnotices.htm. This information will be available at least 30 days prior to the public hearing date. 

The Department will accept written or email comments for the record until 5 p.m. on June 5, 2014. 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 may be submitted via the program web site noted above. 

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

 

Citizens wishing to speak at the public hearing should notify the secretary to the Missouri Air Conservation 

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

Jefferson City, Missouri 65102-0176, or telephone (573) 526-3420. The Department requests persons 

intending to give verbal presentations also provide a written copy of their testimony to the commission 

secretary at the time of the public hearing. 

 

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

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

free number at (800) 361-4827, or by writing two weeks in advance of the meeting to: Missouri Department 

of Natural Resources, Air Conservation Commission Secretary, P.O. Box 176, Jefferson City, MO 65102. 

Hearing impaired persons may contact the program through Relay Missouri, (800) 735-2966. 

 

You are subscribed to the Air Public Notices topic for Missouri DNR. This information has recently been 

updated, and is now available at the link below. Thank you for your interest in the Air Public Notices. 

 

 

Celebrating 40 years of taking care of Missouri's natural resources. To learn more visit dnr.mo.gov.

http://dnr.mo.gov/env/apcp/rulemaking.htm

 

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

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

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This service is provided to you at no charge by Missouri DNR. 
 PUBLIC HEARING 5/29/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 1

1 MISSOURI AIR CONSERVATION COMMISSION MEETING

2 St. Louis Regional Office

3

4

5

6

7

8

9

10

11

12 PUBLIC HEARING

13 TAKEN ON BEHALF OF

14 THE MISSOURI DEPARTMENT OF NATURAL RESOURCES

15 MAY 29, 2014

16

17

18

19

20

21

22 (Starting time of the hearing: 9:01 a.m.)

23

24

25
 PUBLIC HEARING 5/29/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 5

1 IT IS HEREBY STIPULATED AND AGREED that

2 this hearing may be taken in shorthand by

3 Rebecca Brewer, RPR, CRR, CSR, Certified

4 Court Reporter, and Notary Public, and

5 afterwards transcribed into typewriting;

6 * * * * *

7 MR. PENDERGRASS: The hearing will come to

8 order. Let the record show the following

9 commissioners are present: Jack Baker, Mark

10 Garnett, Gary Pendergrass, and David Zimmermann.

11 The Air Conservation Commission of the State of

12 Missouri has called this public hearing pursuant to

13 Section 643.070, Revised Statutes of Missouri, EPA

14 Promulgated Rule 40 CFR 51.102 for the purpose of

15 hearing testimony related to: 10 CSR 10-5.220,

16 amendment, Control of Petroleum Liquid Storage,

17 Loading and Transfer; Missouri State Implementation

18 Plan Revision, Regional Haze Plan, 5-year Progress

19 Report; Missouri State Implementation Plan

20 Revision, Marginal Area Plan for the Missouri

21 Portion of the St. Louis Non-Attainment area for

22 the 2008 8-hour Ground Level Ozone National Ambient

23 Air Quality Standard; and 10 CSR 10-6.040,

24 amendment, Reference Methods.

25 The hearing record will close at 5
 PUBLIC HEARING 5/29/2014

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334

MIDWEST LITIGATION SERVICES

Page 38

1 as SCR for electric generating units. Controlling

2 point sources provides a much higher level of

3 reduction certainty than relying on motor vehicle

4 fleet turnover, and given the upcoming new ozone

5 standards, those types of controls will likely be

6 required anyway. Getting out ahead of the game will

7 go along way towards reducing the serious health

8 impacts of ozone in the St. Louis region and

9 avoiding future non-attainment designations that

10 also hamper economic development. Thank you.

11 MR. PENDERGRASS: Next we have 10 CSR

12 10-6.040, amendment, Reference Methods. Aaron

13 Basham?

14 * * * * *

15 AARON BASHAM,

16 Of lawful age, produced and sworn, deposes

17 and says:

18 MR. BASHAM: Mr. Chairman, members of the

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

20 with the Missouri Department of Natural Resources

21 Air Pollution Control Program. I work at 1659 East

22 Elm Street in Jefferson City, Missouri. I'm here

23 to present testimony for the proposed amendment of

24 10 CSR 10-6.040, Reference Methods. The rule

25 information starts on Page 111 of the briefing
6. Cameron (Reservoir Nos. 1, 2, and 3, Grindstone Reservoir);

7. Carthage (Kellogg Lake);

8. Columbia (Stephens Park Lake);

9. Concordia (Edwin A. Pape Lake);

10. Confederate Memorial State Historic Site lakes;

11. Dexter City Lake;

12. Farmington (Hager Lake, Giessing Lake, Thomas Lake);

13. Hamilton City Lake;

14. Harrison County Lake;

15. Higginsville (Higginsville City Lake, Upper Higginsville

City Lake);

16. Holden City Lake;

17. Jackson (Litz Park Lake, Rotary Lake);

18. Jackson County (Alex George Lake, Bergan Lake, Bowlin

Pond, Lake Jacomo, Prairie Lee Lake, Scherer Lake, Tarsney Lake,

Wood Lake, Wyatt Lake);

19. Jefferson City (McKay Park Lake);

20. Keytesville (Maxwell Taylor Park Pond);

21. Kirksville (Hazel Creek Lake);

22. Liberty (Fountain Bluff Park Ponds Nos. 1, 2, 3, 4, 5, 6,

7, and 8);

23. Maysville (Willow Brook Lake);

24. Mark Twain National Forest (Fourche Lake, Huzzah Pond,

Loggers Lake, McCormack Lake, Noblett Lake, Roby Lake);

25. Mineral Area College (Quarry Pond);

26. Odessa (Lake Venita);

27. Pershing State Park ponds;

28. Potosi (Roger Bilderback Lake);

29. Raymore (Johnston Lake);

30. Unionville (Lake Mahoney);

31. University of Missouri (Dairy Farm Lake No. 1, McCredie

Lake);

32. Warrensburg (Lions Lake);

33. Watkins Mill State Park [Lake] (Williams Creek Lake);

and

34. Windsor (Farrington Park Lake)[;].

AUTHORITY: sections 40 and 45 of Art. IV, Mo. Const. and section

252.240, RSMo 2000. This rule previously filed as 3 CSR 10-4.116.

Original rule filed April 30, 2001, effective Sept. 30, 2001. For intervening history, please consult the Code of State Regulations.

Amended: Filed March 7, 2014, effective March 17, 2014. Amended:

Filed March 17, 2014.

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 TO SUBMIT COMMENTS: Anyone may file a statement in

support of or in opposition to this proposed amendment with Tom A.

Draper, Deputy Director, Department of Conservation, PO Box 180,

Jefferson City, MO 65102-0180. To be considered, comments must be

received within thirty (30) days after publication of this notice in the

Missouri Register. No public hearing is scheduled.

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 10-6.040 Reference Methods. The commission proposes to

amend sections (4)–(6). 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 reference methods for determining

data and information necessary for the enforcement of air pollution

control regulations throughout Missouri. The purpose of this rulemaking is to update the incorporation by reference date to include the

latest Federal Register notices for ambient air monitoring methods.

This action allows use of the latest equivalency methods for monitoring lead, nitrogen dioxide (NO2), particulate matter less than 2.5

microns (PM2.5), particulate matter less than 10 microns (PM10),

particulate matter between 10 and 2.5 microns (PM10-2.5), and lead

in total suspended particulate matter. The evidence supporting the

need for this proposed rulemaking, per 536.016, RSMo, is Federal

Register Notice dated June 1, 2012 (77 FR 32632), adding one (1)

new equivalency method for NO2 and two (2) for lead, Federal

Register Notice dated October 5, 2012 (77 FR 60985), adding one

(1) new equivalency method each for PM2.5, PM10, and PM10-2.5, and

Federal Register Notice dated July 3, 2013 (78 FR 40000), adding a

new federal reference method designating it as a new equivalency

method for lead.

(4) The methods for determining the concentrations of the following

air contaminants [in the ambient air] shall be as specified in 40

CFR 50, Appendices A–R or equivalent methods as specified in 40

CFR 53. The provisions of 40 CFR 50, Appendices A–R and 40

CFR 53, promulgated as of July 1, [2012] 2013, and Federal

Register Notice [77] 78 FR [55832-55834] 40000–40011, promulgated [September 11] July 3, [2012] 2013, 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. 

(C) The concentration of carbon monoxide [in the ambient air]

shall be determined as specified in 40 CFR 50, Appendix C—

Measurement Principle and Calibration Procedure for the

Measurement of Carbon Monoxide in the Atmosphere (NonDispersive Infrared Photometry) or equivalent methods as approved

by 40 CFR 53.

(D) The concentration of ozone [in the ambient air] shall be

determined as specified in 40 CFR 50, Appendix D—Measurement

Principle and Calibration Procedure for the Measurement of Ozone

in the Atmosphere or equivalent methods as approved by 40 CFR 53.

(E) Reserved[;].

(F) The concentration of nitrogen dioxide [in the ambient air]

shall be determined as specified in 40 CFR 50, Appendix F—

Measurement Principle and Calibration Procedure for the

Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase

Chemiluminescence) or equivalent methods as approved by 40 CFR

53.

(G) The concentration of lead [in the ambient air] shall be determined as specified in 40 CFR 50, Appendix G—Reference Method

for the Determination of Lead in Suspended Particulate Matter

Collected From Ambient Air or in 40 CFR 50, Appendix Q—

Reference Method for the Determination of Lead in Particulate

Matter as PM10 Collected From Ambient Air or equivalent methods

as approved by 40 CFR 53.

(J) The concentration of particulate matter 10 micron (PM10) [in

the ambient air] shall be determined as specified in 40 CFR 50,

Appendix J—Reference Method for the Determination of Particulate

Matter as PM10 in the Atmosphere, or an equivalent method as

approved in 40 CFR 53. 

Page 853 April 15, 2014

Vol. 39, No. 8 Missouri Register
(L) The concentration of particulate matter 2.5 micron (PM2.5) [in

the ambient air] shall be determined as specified in 40 CFR 50,

Appendix L—Reference Method for the Determination of Fine

Particulate Matter as PM2.5 in the Atmosphere, or an equivalent

method as approved in 40 CFR 53. 

(5) The concentration of hydrogen sulfide (H2S) [in the ambient

air] shall be determined by scrubbing all sulfur dioxide (SO2) present

in the sample and then converting each molecule of H2S to SO2 with

a thermal converter so that the resulting SO2 is detected by an analyzer as specified in 40 CFR 50, Appendix A—Reference Method for

the Determination of Sulfur Dioxide in the Atmosphere

(Pararosaniline Method) or an equivalent method approved by 40

CFR 53, in which case the calibration gas used must be National

Institute of Standards and Technology traceable H2S gas.

(6) The concentration of sulfuric acid mist [in the ambient air]

shall be determined as specified in the Compendium Method IO-4-2,

Determination of Reactive Acidic and Basic Gases and Strong Acidity

of Fine-Particles (<2.5 μm), Center for Environmental Research

Information, Office of Research and Development, U.S.

Environmental Protection Agency, Cincinnati, OH 45268,

EPA/625/R-96/010a.

AUTHORITY: section 643.050, RSMo Supp. [2012] 2013. Original

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

March 14, 2014.

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., May 29, 2014. The public hearing will be held at the

St. Louis Regional Office, 7545 S Lindbergh, Suite 220, DESE

Conference Room, St. Louis, 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., June 5, 2014. 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 13—DEPARTMENT OF SOCIAL SERVICES

Division 70—MO HealthNet Division

Chapter 1—Organization

PROPOSED AMENDMENT

13 CSR 70-1.020 Standards for Privacy of Individually

Identifiable Health Information. The division is amending sections (1)–(3), adding new sections (4)–(6), and amending and

renumbering old sections (4) and (5).

PURPOSE: This amendment adds new definitions to section (2) and

adds new sections (4), (5), and (6). The amendment also includes

clarifications in sections (1), (3), and (8).

(1) General Authority. There are many state and federal laws and regulations that safe guard applicants’ and participants’ protected health

information. 

(A) Section 1902(a)(7) of the federal Social Security Act requires

that a state plan for medical assistance must provide safeguards

which restrict the use or disclo sure of information concerning applicants and participants to purposes directly connected with the administration of the plan. 

(B) The Health Insurance Portability and Accountabil ity Act

(HIPAA) represents the first compre hensive federal protection of

patient privacy (45 Code of Federal Regulations, parts 160-164).

Passed by the United States Congress in 1996, HIPAA sets national

stan dards to protect personal health information, reduces health care

fraud, and makes health coverage more portable. The entire health

care industry must implement HIPAA, including state governments.

(C) The Health Information Technology for Economic and

Clinical Health (HITECH) Act, enacted as part of the American

Recovery and Reinvestment Act of 2009, was signed into law on

February 17, 2009, to promote the adoption and meaningful use

of health information technology. Subtitle D of the HITECH Act,

Sections 13400-13424 of Public Law 111-5, codified at 42 U.S.C.

300jj et seq.; 17901 et seq., addresses the privacy and security

concerns associated with the electronic transmission of health

information, in part, through several provisions that strengthen

the civil and criminal enforcement of the HIPAA rules. The U.S.

Department of Health and Human Services (HHS) Office of Civil

Rights (OCR) issued a final rule that implements a number of

provisions of the HITECH Act, to strengthen the privacy and

security protections for health information established under the

HIPAA for individual’s health information maintained in electronic health records and other formats at 45 CFR Parts 160 and

164, Vol. 78, No. 17.

(2) Definitions. 

(A) Breach. The unauthorized acquisition, access, use, or disclosure of Protected Health Information which compromises the

security or privacy of such information, except as provided in 42

U.S.C. section 17921. 

(B) Business Associate. An individual or business who carries

out a function or activity, involving the use or disclosure of individually identifiable health information, on behalf of the

Department of Social Services and its divisions.

(C) Covered Entity. A health plan, a healthcare clearinghouse,

and a healthcare provider who transmits any health information

in electronic form in connection with a covered transaction. The

Department of Social Services is a Health Plan, as defined in

HIPAA.

(D) Health Information Network. A group of hospitals and

medical professionals, and its related infrastructure, who share

protected health information as defined by HIPAA.

(E) Health Information Technology for Economic and Clinical

Health (HITECH) Act. Subtitle D of the HITECH Act, addresses privacy and security concerns associated with the electronic

transmission of health information, in part, through several provisions that strengthen the civil and criminal enforcement of the

HIPAA rules, including, business associate liability, enforcement,

and breach notification.

[(A)](F) Health Insurance Portability and Accountability Act of

1996 (HIPAA). This law established “portability” requirements,

allowing employees to “take their coverage with them” when they

changed jobs. The “Administrative Simplification” section of the law

deals with privacy, security of health care information, and standardized formats for electronic health care transactions (such as submission of health care claims). 

(G) MO HealthNet. In Missouri, the medical assistance program on behalf of needy persons, Title XIX, Public Law 89-97,

1965 amendments to the federal Social Security Act, 42 U.S.C.

Section 301, et seq., shall be known as “MO HealthNet.”

Medicaid shall also mean “MO HealthNet” whenever it appears

throughout Missouri Revised Statues.

[(B)](H) Protected Health Information. A term established under

the HIPAA privacy rules, it refers to individually identifiable health

information, in whatever medium it is trans mitted or maintained (e.g.,

Page 854 Proposed Rules

April 15, 2014

Vol. 39, No. 8
Page 1581 October 1, 2014

Vol. 39, No. 19 Missouri Register

number of GDFs under specific conditions determined by the staff

director. GDFs applying for approval of experimental technology

shall—

A. Submit an application for director approval at least ninety

(90) days prior to beginning construction. The application shall

include, but not be limited to:

(I) Complete diagrams and a thorough description of the

planned installation;

(II) Plumbing diagrams including vent lines and material of

all underground and aboveground plumbing; and

(III) Standards, test data, history, and related information

for the proposed system;

B. Submit to the staff director a detailed plan for the construction and operation of the system. The plan shall include a

description of the planned testing and record keeping for the GDF.

The director may issue the construction permit when all conditions

of the testing GDF are deemed satisfactory;

C. Display the construction permit in a prominent location

during construction;

D. Install monitoring equipment to prove that the vapor

recovery system is leak-tight if requested by the staff director; and

E. Upon completion of testing, obtain and maintain on-site,

in a prominent location, a current operating permit from the director

for the specific innovative technology that is in operation. The permit shall specify the technology, the location, and the time period the

technology will be tested.

4. Emergency Repairs.

A. Owners or operators of GDFs requiring emergency repair

or replacement of vapor recovery system components may immediately begin corrective construction if the construction is in response

to an accident or event that—

(I) Creates an abnormally high threat of fire;

(II) Poses an environmental hazard by allowing release of

liquid product onto the ground or abnormal release of vapor into the

air; and/or 

(III) Threatens public safety; and

B. Owners or operators of GDFs electing to make emergency

repair or replacement per subparagraph (3)(G)4.A. of this rule shall

contact the department within forty-eight (48) hours of the commencement of the repair or replacement to determine what future

action is required for compliance with this rule.

5. Owners or operators of GDFs making minor modifications

per paragraph (3)(G)2. of this rule may begin modification upon submittal of the construction permit notification.

6. The director shall issue a construction permit or a permit

rejection within thirty (30) days of receipt of all construction permit

applications submitted per paragraph (3)(G)1. of this rule. 

7. Owners or operators of GDFs shall pay the department a fee

of one hundred dollars ($100) for each construction permit application submitted in accordance with subsection (3)(G) of this rule. 

(H) Operating Permits. All owners or operators of installations

subject to subsection (3)(C) or (3)(E) of this rule shall apply to the

director for an operating permit.

1. Completion of construction. To obtain an operating permit

after the completion of construction, the owner or operator of a GDF

shall—

A. Apply to the director for an operating permit within thirty (30) days of construction completion;

B. Conduct and pass a department-approved pressure decay

test, pressure/vacuum valve test, and, where a Stage II vapor recovery system is in place, a dynamic back pressure/liquid blockage test;

C. Schedule the test and notify the staff director at least seven

(7) days prior to the test date. The staff director may observe the test,

but it is not required that the staff director be present and observe the

test;

D. Provide the test results to the staff director;

E. Demonstrate that the installation maintains a system of

record keeping that meets the requirements of subsection (4)(D) of

this rule; and

F. Establish compliance with all rules and requirements of

Division 10 of Title 10 of the Code of State Regulations.

2. Renewal of operating permits. The operating permit is renewable on the date specified in the initial operating permit and for periods of three (3) years after the initial permit term expires. In order

to renew the operating permit the owner or operator of a GDF shall—

A. Apply to the director for renewal of the operating permit

and test within ninety (90) days prior to the renewal date;

B. Demonstrate that the GDF maintained all vapor recovery

system components in good operating order during the preceding

operating permit term including prompt efforts to establish compliance following “out-of-order” notices;

C. Conduct and pass a department-approved pressure decay

test, pressure/vacuum valve test, and, where a Stage II vapor recovery system is in place, a dynamic back pressure/liquid blockage test,

prior to the expiration date of the permit;

D. Schedule the test and notify the staff director at least seven

(7) days prior to the test date. The staff director may observe the test,

but it is not required that the staff director be present and observe the

test; 

E. Provide the test results to the staff director; and 

F. Maintain records according to subsection (4)(D) of this

rule.

3. Owners or operators of an installation using a vapor recovery

system that is decertified by CARB shall establish compliance with

this rule within one (1) year or by the next renewal date of the operating permit whichever is longer. Failure to establish compliance will

result in nonrenewal of the operating permit.

4. Owners or operators of GDFs shall pay the department a fee

of one hundred dollars ($100) for each operating permit.

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. 2013, the commission amends a

rule as follows:

10 CSR 10-6.040 Reference Methods is amended.

A notice of proposed rulemaking containing the text of the proposed

amendment was published in the Missouri Register on April 15, 2014

(39 MoReg 853–854). 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.
10 CSR 10-6.040 Reference Methods 

(1) The percent sulfur in solid fuels shall be determined as 

specified by American Society of Testing and Materials (ASTM)

Method D(3177-75) Total Sulfur in the Analysis Sample of Coal 

and Coke. D4239 - 12 Standard Test Method for Sulfur in the 

Analysis Sample of Coal and Coke Using High Temperature Tube 

Furnace Combustion, as approved and published February 1, 2012. 

This standard is incorporated by reference in this rule, as 

published by American Society for Testing and Materials (ASTM) 

International, 100 Barr Harbor Drive, PO Box C700, West 

Conshohocken, PA 19428-2959. This rule does not incorporate any 

subsequent amendments or additions. 

(2) The heat content or higher heating value (HHV) of solid 

fuels shall be determined by use of the Adiabatic Bomb 

Calorimeter as specified by ASTM Method D(2015-66) Gross 

Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter.

D5865 - 12 Standard Test Method for Gross Calorific Value of 

Coal and Coke, as approved and published December 1, 2012. This 

standard is incorporated by reference in this rule, as published 

by American Society for Testing and Materials (ASTM) 

International, 100 Barr Harbor Drive, PO Box C700, West 

Conshohocken, PA 19428-2959. This rule does not incorporate any 

subsequent amendments or additions.

(3) The heat content or HHV of liquid hydrocarbons shall be 

determined as specified by ASTM Method D(240-64) Heat of 

Combustion of Liquid Hydrocarbon by Bomb Calorimeter. D240 - 09 

Standard Test Method for Heat of Combustion of Liquid 

Hydrocarbon Fuels by Bomb Calorimeter, as approved and published 

July 1, 2009. This standard is incorporated by reference in 

this rule, as published by American Society for Testing and 

Materials (ASTM) International, 100 Barr Harbor Drive, PO Box 

C700, West Conshohocken, PA 19428-2959. This rule does not 

incorporate any subsequent amendments or additions.

(4) The methods for determining the concentrations of the 

following air contaminants shall be as specified in 40 CFR 50, 

Appendices A–R or equivalent methods as specified in 40 CFR 53. 

The provisions of 40 CFR part 50, Appendices A–R and 40 CFR part 

53, promulgated as of June 30, 2008July 1, 2013, and Federal 

Register Notice 73 FR 67051–6706278 FR 4000-40011, promulgated 

November 12, 2008July 3, 2013, 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 
10 CSR 10-6.040 

2 

Records, 700 Pennsylvania Avenue NW, Washington, DC 20408. This 

rule does not incorporate any subsequent amendments or 

additions. The methods for determining the concentrations of the 

following air contaminants in the ambient air shall be as 

specified in 40 CFR part 50, Appendices A–R or equivalent 

methods as specified in 40 CFR part 53; 

 (A) The concentration of sulfur dioxide shall be determined 

as specified in 40 CFR part 50, Appendix A—Reference Method for 

the Determination of Sulfur Dioxide in the Atmosphere 

(Pararosaniline Method) or an equivalent method as approved by 

40 CFR part 53;.

 (B) The concentration of total suspended particulate shall 

be determined as specified in 40 CFR part 50, Appendix B—

Reference Method for the Determination of Suspended Particulates 

Particulate Matter in the Atmosphere (High- Volume Method);.

 (C) The concentration of carbon monoxide in the ambient air 

shall be determined as specified in 40 CFR part 50, Appendix C—

Measurement Principle and Calibration Procedure for the 

Continuous Measurement of Carbon Monoxide in the Atmosphere 

(Non-Dispersive Infrared SpectrometryPhotometry) or equivalent 

methods as approved by 40 CFR part 53;.

 (D) The concentration of photochemical oxidants (ozone) 

ozone in the ambient air shall be determined as specified in 40 

CFR part 50, Appendix D—Measurement Principle and Calibration 

Procedure for the Measurement of Ozone in the Atmosphere or 

equivalent methods as approved by 40 CFR part 53;.

 (E) Reserved.

 (F) The concentration of nitrogen dioxide in the ambient air 

shall be determined as specified in 40 CFR part 50, Appendix F—

Measurement Principle and Calibration Procedure for the 

Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase 

Chemiluminescence) or equivalent methods as approved by 

40 CFR part 53;.

 (G) The concentration of lead in the ambient air shall be 

determined as specified in 40 CFR part 50, Appendix G—Reference 

Method for the Determination of Lead in Suspended Particulate 

Matter Collected From Ambient Air or in 40 CFR part 50, Appendix 

Q—Reference Method for the Determination of Lead in Particulate 
10 CSR 10-6.040

3 

Matter as PM10 Collected From Ambient Air or equivalent methods 

as approved by 40 CFR part 53;.

 (H) Compliance with the one (1) hour ozone standard shall be 

determined as specified in 40 CFR part 50, Appendix H—

Interpretation of the 1-Hour Primary and Secondary National 

Ambient Air Quality Standards for Ozone;.

 (I) Compliance with the eight (8) hour ozone standards shall 

be determined as specified in 40 CFR part 50, Appendix I—

Interpretation of the 8-Hour Primary and Secondary National 

Ambient Air Quality Standards for Ozone;.

 (J) The concentration of particulate matter 10 micron (PM10) 

in the ambient air shall be determined as specified in 40 CFR 

part 50, Appendix J—Reference Method for the Determination of 

Particulate Matter as PM10 in the Atmosphere, or an equivalent 

method as approved in 40 CFR part 53;.

 (K) Compliance with particulate matter 10 PM10 standards 

shall be determined as specified in 40 CFR part 50, Appendix K—

Interpretation of the National Ambient Air Quality Standards for 

Particulate Matter;.

 (L) The concentration of particulate matter 2.5 micron 

(PM2.5) in the ambient air shall be determined as specified in 

40 CFR part 50, Appendix L—Reference Method for the 

Determination of Fine Particulate Matter as PM2.5 in the 

Atmosphere, or an equivalent method as approved in 40 CFR 

part 53;.

 (M) Compliance with particulate matter 2.5 (PM2.5) standards 

shall be determined as specified in 40 CFR part 50, Appendix N—

Interpretation of the National Ambient Air Quality Standards for

Particulate Matter;PM2.5.

(N) Compliance with the eight (8)-hour ozone standards shall 

be determined as specified in 40 CFR part 50, Appendix P—

Interpretation of the Primary and Secondary National Ambient Air 

Quality Standards for Ozone; and.

 (O) Compliance with the lead standards shall be determined 

as specified in 40 CFR Part 50, Appendix R—Interpretation of the 

National Ambient Air Quality Standards for Lead.

(5) The concentration of hydrogen sulfide (H2S) in the ambient 

air shall be determined by scrubbing all sulfur dioxide (SO2) 
10 CSR 10-6.040 

4 

present in the sample and then converting each molecule of H2S to 

SO2 with a thermal converter so that the resulting SO2 is 

detected by an analyzer as specified in 40 CFR part 50, 

Appendix A—Reference Method for the Determination of Sulfur 

Dioxide in the Atmosphere (Pararosaniline Method) or an 

equivalent method approved by 40 CFR part 53, in which case the 

calibration gas used must be National Institute of Standards and 

Technology traceable H2S gas. 

(6) The concentration of sulfuric acid mist in the ambient air 

shall be determined as specified in the Compendium Method 

IO-4-2, Determination of Reactive Acidic and Basic Gases and 

Strong Acidity of Fine-Particles (<2.5 μm), Center for 

Environmental Research Information, Office of Research and 

Development, U.S. Environmental Protection Agency, Cincinnati, 

OH 45268, EPA/625/R-96/010a. 

 (A) The concentration of total sulfur shall be determined as 

specified in section (4) of this rule by sampling for sulfur 

dioxide without removing other sulfur compound interferences. 

 (B) The concentration of sulfur dioxide shall be determined 

as specified by section (4) of this rule. 

 (C) The concentration of hydrogen sulfide shall be 

determined as specified by section (5) of this rule. 

(7) The percent sulfur in liquid hydrocarbons shall be 

determined as specified by ASTM D(2622-98), Sulfur in Petroleum 

Products by X-Ray Fluorescence Spectrometry. D2622 - 10 Standard 

Test Method for Sulfur in Petroleum Products by Wavelength 

Dispersive X-ray Fluorescence Spectrometry, as approved and 

published February 15, 2010. This standard is incorporated by 

reference in this rule, as published by American Society for 

Testing and Materials (ASTM) International, 100 Barr Harbor 

Drive, PO Box C700, West Conshohocken, PA 19428-2959. This rule 

does not incorporate any subsequent amendments or additions.

(8) The amount of solvent present in earth filters and 

distillation wastes shall be determined as specified by 

ASTM Method D(322-67), Standard Test Method for Gasoline Diluent 

in Used Gasoline Engine Oils by Distillation. D322 - 97(2012) 

Standard Test Method for Gasoline Diluent in Used Gasoline 

Engine Oils by Distillation, as approved and published November 

1, 2012. This standard is incorporated by reference in this 

rule, as published by American Society for Testing and Materials 
10 CSR 10-6.040

5 

(ASTM) International, 100 Barr Harbor Drive, PO Box C700, West 

Conshohocken, PA 19428-2959. This rule does not incorporate any 

subsequent amendments or additions.