### 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 of rule published in CSR Copy of commission signature page certifying Missouri Air Conservation Commission adoption Copy of technical support documentation for rule (if applicable) Copies of public hearing notices Copy of public hearing transcript introductory statement Copy ofMO Reg proposed rulemaking Copy ofMO Reg order of rule 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 

### of Natural 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 referencemethods 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 theentire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.This note applies only to the reference material. The entire text of the rule is printed here.

(1) The percent sulfur in solid fuels shall be determined as specified by American Society of Testing and Materials (ASTM) D4239 - 12Standard 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 Societyfor 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 December1, 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 isincorporated 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 contaminantsshall 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 herebyincorporated 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 theDetermination 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 Methodfor 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 Principleand 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 theDetermination 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 PM 10 Collected From Ambient Air or equivalent methods as approved by 40 CFR 53. (H) Compliance with the one (1)-hourozone 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)-hourozone 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 (PM 10 ) shall be determined as specified in 40 CFR 50, Appendix J— Reference Method for the Determination of Particulate Matter as PM 10 in the Atmosphere , or an equivalent method as approved in 40 CFR 53.

(K) Compliance with particulate matter 10 PM 10 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 (PM 2.5 ) shall be determined as specified in 40 CFR 50, Appendix L— Reference Method for the Determination of Fine Particulate Matter as PM 2.5 in the Atmosphere , or an equivalent method as approved in 40 CFR 53.

(M) Compliance with particulate matter 2.5 (PM 2.5 ) standards shall be determined as specified in 40 CFR 50, Appendix N— Interpretation of the National Ambient Air Quality Standards for PM 2.5 . (N) Compliance with the eight (8)-hourozone 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 (H 2 S) shall be determined by scrubbing all sulfur dioxide (SO 2 ) present in the sample and then converting each molecule of H 2 S to SO 2 with a thermal converter so that the resulting SO 2 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 H 2 S gas.

(6) The concentration of sulfuric acid mist shall be determined as specified in the Compendium Method IO-4-2, Determination of

CODE OF STATE REGULATIONS 45 J ASON K ANDER (10/31/14) 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 10-6Reactive 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) ofthis 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 Sulfurin 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 Societyfor 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 Societyfor 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 July30, 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 refuseand combustible materials throughout Missouri and defines when an open burning permit is required. The evidence supporting theneed 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 meeti ngs.

PUBLISHER’S NOTE:  The secretary of state has determined that the publication of theentire text of the material which is incorporated by reference as a portion of this rulewould 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 themetropolitan 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 otherwooden 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, salvageoperation 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 burningare 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 domesticrefuse 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 themetropolitan 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 anarea 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. Theopen 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 debristhat does not meet the conditions of subparagraphs (3)(A)4.A. and (3)(A)4.B. of this rulemay 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) J ASON K ANDER 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~~::::**=======~** __ , Chairman

# i / 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 comme nts 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 electronica lly, 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 fo r ambient air monitoring methods. Two of these notices promulgated existing methods as new equiva lency methods for measuring lead, nitrogen dioxide, particulate matter less than 2.5 microns, particulat e 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 accept ed 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 fo r Stage II vapor recovery controls at gasoline dispensing faci lities (GDFs) in the St. Louis area. Stage II systems control emissions of volatile organic compound s 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) determ ined that Onboard Refueling Vapor Recovery (ORVR) technology is in widesp read 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 Pa g e 1 of 3 Rulemakin g s on Public Notice - DN R

4/28/2014 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

### 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 St age 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 Boar d (CARB) vapor recovery prog ram 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 abovegro und storage tanks (ASTs) at GDFs will be codified. The rule never allowed ASTs becaus e 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 requ irements 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 accept ed through close of business June 5, 2014.

Back to top

10 CSR 10-6.165 (amendment) Restri ction of Emission of Odors

This proposed amendment will remove the de finitions of “Modification” and “Class IA concentrated animal feeding op eration” found in 10 CSR 10-6.1 65, 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 acce pted through close of business May 1, 2014. Pa g e 2 of 3 Rulemakin g s on Public Notice - DN R

4/28/2014 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm

### Submit written comments abou t 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 Pa g e 3 of 3 Rulemakin g s on Public Notice - DN R

4/28/2014 htt p ://www.dnr.mo. g ov/env/a p c p /rulemakin g .htm1 

### 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 No tices Update - Missouri Air Conservation Commission Public Hearing, May 29, 2014



### This is a courtesy copy of an em ail 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 CONSER VATION COMMISSION WILL HOLD PUBLIC HEARING

JEFFERSON CITY, MO -- The Missouri Air Conser vation Commission will hol d 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 co mmission will hear testimony related to the following
p roposed action(s):

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

This proposed amendment will remove the requireme nts for Stage II vapor recovery controls at gasoline dispensing facilities (GDFs) in the St. L ouis area. Stage II systems control emissions of volatile organic compounds during ve hicle refueling and have been an ozone-reduction measure in the St. Louis area since the late 1980s. In May 2012, th e U.S. Environmental Protection Agency (EPA) determined that Onboard Refueling Vapor Recove ry (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 c ontrolling the vapor displaced duri ng refueling that is built into newer motor vehicles. ORVR makes Stage II c ontrols obsolete, and EPA’s widespread use determination allows the removal of Stage II contro ls if Clean Air Act anti-backsliding requirements are met to ensure air quality is not adversely impacted. EPA has al ready given verbal concurrence on our technical analysis showing remo val of Stage II controls as propos ed in this rulemaking will not adversely affect St. Louis air quality. The rule making 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 storage2 

### 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 certif ied ASTs. Elimination of MOPETP requires adding language to the rule to clarify that ASTs will continue to be prohibited. - Permitting provisions will be revise d 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 establishe s requirements for the protection of visibility in Class I areas, consisting of national parks and wilderness areas. St ates 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 Cl ass I areas by 2064. There are two Cl ass I areas in Missouri: Hercules Glades Wilderness Area and Mingo National Wildlif e 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 Cla ss 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 fi ve years since Missouri’s regional haze SIP was submitted to EPA. This 5-year progress report dem onstrates that both of Missouri’s Class I areas are expected to meet their 2018 visibility goals base d on control strategies currently in place, which largely consist of sulfur dioxide and nitrogen oxides emission re duction measures for utilities, industrial boilers, a nd other sources.

* Missouri State Implementation Plan Revision – Marginal Area Plan for th e 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 th e emissions inventory and other marginal ozone nonattainme nt area requirements pursuant to Clean Air Act Section 182(a) for the Missouri portion of the St. Louis nonattain ment area under the 2008 8-hour ozone national ambient air quality standard (NAAQS). The Missour i portion of the St. Louis nonattainment area includes the City of St. Louis a nd the Counties of St. Louis, St. Charles, Franklin, and Jefferson, which were designated as a marginal nonattain ment 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 met hods. 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 mi crons, 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 matte r and, at the same time, designated it as a new Federal Equivalency Method.

If the Commission adopts the action(s), it will be the De partment’s intention to submit the action(s) to the U.S. Environmental Protection Agency to be incl uded in Missouri’s State Implementation Plan unless otherwise noted above.

Documents for the above item(s) will be available for review at the Missour i Department of Natural3 

### Resources, Air Pollution Control Progr am, 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 hear ing testimony will be equally considered.

Citizens wishing to speak at the public hearing should notify the secretary to th e Missouri Air Conservation Commission, Missouri Department of Natural Resour ces, 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 presenta tions also provide a wr itten 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 di rectly at (573) 751-4817, the Divisi on 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 Commissi on 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 Publ ic Notices topic for Missouri DNR. Th is information has recently been updated, and is now available at the link below. Tha nk you for your interest in the Air Public Notices.

Celebrating 40 years of taking ca re of Missouri's natural reso urces. 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 st op subscriptions at any time on your Subscriber Preferences Page . You will need to use your email addre ss to log in. If you have questions or
p roblems with the subscription service, please contact subscriberhelp.govdelivery.com

.
This service is provide d 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

25PUBLIC 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 b y

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 t o

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, E PA

14 Promulgated Rule 40 CFR 51.102 for the purpose o f

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

16 amendment, Control of Petroleum Liquid Storage,

17 Loading and Transfer; Missouri State Implementat ion

18 Plan Revision, Regional Haze Plan, 5-year Progre ss

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 Ambi ent

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

24 amendment, Reference Methods.

25 The hearing record will close at 5PUBLIC 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 wi ll

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, depo ses

17 and says:

18 MR. BASHAM: Mr. Chairman, members of th e

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

20 with the Missouri Department of Natural Resource s

21 Air Pollution Control Program. I work at 1659 E ast

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

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 briefing6. 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 pollutioncontrol 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 (NO 2 ), particulate matter less than 2.5 microns (PM 2.5

), particulate matter less than 10 microns (PM 10

), particulate matter between 10 and 2.5 microns (PM 10-2.5 ), 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 NO 2 and two (2) for lead, Federal Register Notice dated October 5, 2012 (77 FR 60985), adding one (1) new equivalency method each for PM 2.5 , PM 10 , and PM 10-2.5 , 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 theMeasurement 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 PM 10 Collected From Ambient Air or equivalent methods as approved by 40 CFR 53.

(J) The concentration of particulate matter 10 micron (PM 10 ) [in the ambient air] shall be determined as specified in 40 CFR 50, Appendix J— Reference Method for the Determination of Particulate Matter as PM 10 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 (PM 2.5 ) [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 PM 2.5 in the Atmosphere , or an equivalent method as approved in 40 CFR 53.

(5) The concentration of hydrogen sulfide (H 2 S) [in the ambient air] shall be determined by scrubbing all sulfur dioxide (SO 2 ) present in the sample and then converting each molecule of H 2 S to SO 2 with a thermal converter so that the resulting SO 2 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 H 2 S 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 . Originalrule 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 atthe 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 safeguardswhich 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 cove rage 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 theHIPAA 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 carriesout 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 ClinicalHealth (HITECH) Act. Subtitle D of the HITECH Act, addresses privacy and security concerns associated with the electronictransmission 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 cove rage with them” when they changed jobs. The “Administrative Simplification” section of the lawdeals 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 directorfor 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 repairor 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 shallcontact 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 modificationsper 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 feeof 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 decaytest, pressure/vacuum valve test, and, where a Stage II vapor recovery system is in place, a dynamic back pressure/liquid bloc kage 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 precedingoperating permit term including prompt efforts to establish compliance following “out-of-order” notices; C. Conduct and pass a department-approved pressure decaytest, pressure/vacuum valve test, and, where a Stage II vapor recovery system is in place, a dynamic back pressure/liquid bloc kage 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 withthis 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, 2008 **July 1, 2013** , and Federal Register Notice 73 FR 67051–67062 **78 FR 4000-40011** , promulgated November 12, 2008 **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

### 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 Spectrometry Photometry ) 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 PM 10 

### 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 (PM 10 

### ) 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 PM 10 

### in the Atmosphere , or an equivalent method as approved in 40 CFR part 53 ; **.**

(K) Compliance with particulate matter 10 PM 10 

### 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 (PM 2.5 

### ) 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 PM 2.5 

### in the Atmosphere , or an equivalent method as approved in 40 CFR part 53 ; **.**

(M) Compliance with particulate matter 2.5 (PM 2.5 

### ) standards shall be determined as specified in 40 CFR part 50, Appendix N— Interpretation of the National Ambient Air Quality Standards for Particulate Matter ; **PM 2.5**  

### .

(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 (H 2 

### S) in the ambient air shall be determined by scrubbing all sulfur dioxide (SO 2 

### )

### 10 CSR 10-6.040

4 present in the sample and then converting each molecule of H 2 

### S to
SO 2 

### with a thermal converter so that the resulting SO 2 

### 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 H 2 

### S 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), S ulfur 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.**